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Minutes 85-10-15 MINUTES OF THE MEETING OF THE CYPRESS CITY COUNCIL HELD October 15, 1985 The regular meeting of the Cypress City Council was called to order at 7:39 p.m., on Tuesday, October 15, 1985, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: ABSENT: Council Members Coronado, Lacayo, Mullen, Partin, and Kanel None Also present were Darrell Essex, City Attorney; and the following staff members: Eynon, Hurst, and Lowenberg. Manager; Mark Huebsch, Ci ty Barrett, Beardsley, DeCarlo, PLEDGE OF ALLEGIANCE: Councilman Partin led the Pledge to the Flag. ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak on any item that was not on the Agenda. No one wished to speak. The Mayor stated he would entertain a motion to appoint Mr. Wayne Nelson to the remaining position on the Cultural Arts Commission. It was moved by Councilman Coronado, seconded by Councilman Lacayo and unanimously carried to appoint Mr. Wayne Nelson to the Cultural Arts Commission. CONTINUATION OF PRESENTATION OF RESOLUTION COMMENDING THE CYPRESS TRI-CITIES GOROONS PANTHERS, 1985 AMATEUR SOFTBALL ASSOCIATION 15 AND UNDER NATIONAL CHAMPIONS: A video tape on the Panthers Team was presented I following which Mayor Kanel called upon Mr. Gordon Mullens, sponsor of the Team, who in turn introduced Manager Larry Mays and Coaches Jim Schoales and Jesse Flores. Mayor Kanel read the Resolution of Commendation and presented copies of the Resolution to each member of the Team, congratulating the Team on winning this title for the third year. ADMINISTERING LOYALTY OATH AND PRESENTATION OF CERTIFICATES OF APPOINTMENT TO THE CULTURAL ARTS COMMISSIONERS:City Clerk Darrell Essex administered the Loyalty Oath and Mayor Kanel presented Certificates of Appointments to the following Cultural Arts Commissioners: Joan Edwards, Gay Hannah, Sharon Hadjinian, Jeanne Hawkins, Irene Hornby, and Alvin Weinberg. Mr. Wayne Nelson was unable to attend the meeting. Mayor Kanel and the City Council congratulated each member of the Commission. Commissioner Alvin Weinberg introduced Mr. Tom Lawrey, Director of the "Lion in Winter" production currently at the Cultural Arts Theatre who invited the Council to attend the event. PRESENTATION TO THE CYPRESS POLICE DEPARTMENT BY STEVE & LINDA GAVLICK: Since the Gavlicks were not present at the meeting, the Mayor continued this item until such time as they are present. PRESENTATION OF APPRECIATION PLAQUE FOR PARTICIPATION IN THE U.S. DEPARTMENT OF ENERGY ELECTRIC AND HYBRID VEHICLE PROJECT: Mr. Essex presented a Plaque which had been received from the U.S. Department of Energy in appreciation of the City's participation in the Energy Electric and Hybrid Vehicle Project. Special recognition was given to Administrative Assistant Robert Apple and the Public Works Department. STAFF REPORTS & DISCUSSION: The City Manager requested that the following items be added to the Agenda: Consideration of Award of Contract for Police Vehicle Replacement, which was added as Item llA. A revised Resolution for Consent Calendar Item No. 29. Consideration of Employing a Consultant for the Redevelopment Survey Area of the Cypress Tank Farm, which was added as Item No. 41A. Consideration of Policy Regarding Insurance Coverage for Special Events Which Serve Alcoholic Beverages Conducted at the Cypress Community Center, which was added as Item No. 46A. CITY COUNCIL MINUTES October 15, 1985 439 Request for an Executive Session, which was added as Item No. 46B. Councilman Coronado added Consideration of Waiver of Parcel Map for Mr. Steven provenghi relating to the construction of a 20 unit apartment development on Bishop Street, which was added as Item No. 41B. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 85-321, WARLAND INVESTMENTS, LTD., S/W KATELLA AVENUE AND KNOTT STREET: The Mayor opened the Public Hearing and stated that the applicant had again requested continuance of this matter to the next Council meeting. It was moved by Councilman Lacayo and seconded by Councilman Mullen to continue the Public Hearing regarding Parcel Map No. 85-321 to the Council meeting of October 28, 1985. Hearing no objections, the Mayor so ordered the continuance. CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - BARNEY BRYAN'S RITZ GRILL, 6197 BALL ROAD, CYPRESS: The Mayor opened the Public Hearing and requested Mr. Essex to present his report. The City Manager advised that an application for a Live Entertainment Permit had been filed by Mr. Charles L. Perry, new owner of Barney Bryan's Ritz Grill, 6197 Ball Road, to allow an organ/piano player and vocalist to perform on weekends from 5:00 p.m. - 1:30 a.m. and to allow dancing by the patrons to recorded music through the week. In addition, the restaurant would be available periodically on Sundays for fund-raising activities by charitable organizations. Mr. Essex further advised that the Affidavits of Posting, Publication, and Mailing of the Public Hearing Notice on this matter were on file in the Office of the City Clerk and no communications had been received either in favor or in opposition to this permit and that the Police Department I s investigation revealed no basis to protest the application. In response to Councilman Partin, the City Manager advised that pursuant to the City Code, Live Entertainment Permits are non-transferable; therefore, whenever an establishment changes hands, the new owners must re-apply for a Live Entertainment Permit. The Mayor asked if the applicant was present at the meeting. Mr. Dennis Blackburn, as Associate of Mr. Charles Perry, stated that Mr. Perry had recently purchased the Ritz Grill and would continue to provide the high quality menu and atmosphere established there. He further stated that new equipment had been installed for a disc jockey to provide music through the week and hoped to be able to promote fund-raisers by charitable organizations on Sundays with live entertainment. The Mayor asked if there were anyone else in the audience who wished to speak in favor of the application. There was none. The Mayor asked if there were anyone in the audience wishing to speak in opposition. There was none. It was moved by Councilman Lacayo to close the Public Hearing and approve the Live Entertainment Permit for Barney Bryan's Ritz Grill, 6197 Ball Road as outlined in the report dated October 8, 1985. The motion was seconded by Councilman Coronado and unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None NOES: ABSENT: o o COUNCIL MEMBERS: COUNCIL MEMBERS: CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 85-347, CHIEF AUTO PARTS, 5441-71 LINCOLN AVENUE, CYPRESS: The Mayor opened the Public Hearing and requested the City Manager to present the report. Mr. Essex called upon the Planning Director who presented the staff report dated October 4, 1985, which stated that this was a request by Chief Auto Parts Corporation to consolidate three parcels of land into one parcel for the purpose of constructing a one-story corrmercial building located on the - 2 - 440 CITY COUNCIL MINUTES October 15, 1985 northwest corner of Lincoln Avenue and Walker Street, in the CH-IO,OOO Commercial Heavy Zone. Chris Eynon further stated that the proposed Parcel Map complied with all the requirements of the Subdivision Map Act and the CH-IO,OOO Commercial Heavy Zone and staff was recommending approval subject to the three (3) conditions listed in the report. In response to Councilman Coronado I s inquiry, the Planning Director and the Public Works Director advised that the former A-IA Service Station site had been cleared. Mayor Kanel asked if the applicant was present. Mr. Fred Encinas, 1345 S. Diamond Bar Blvd., Diamond Bar, CA, Chief Auto Parts Real Estate Representative, addressed the Council, advising they were proposing to relocate from the present location on the southwest corner of Lincoln and Walker and stated that they intended to construct a very pleasing and attractive building. Councilman Coronado expressed some concern regarding landscaping and was advised by the Planning Director that they were currently working on the design review to ensure that it would be an aesthetically pleasing building with the proper landscaping. The Mayor asked if there were anyone else in the audience wishing to speak in favor. There was none. The Mayor asked if there were anyone wishing to speak in opposition. There was none. It was moved by Councilman Lacayo to close the Public Hearing and adopt the Resolution by title only, title as follows, approving Parcel Map No. 85-347 subject to the three (3) conditions listed in the report. The motion was seconded by Councilman Mullen. RESOLUTION NO. 2990 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL MAP NO. 85-347 - WITH CONDITIONS. Responding to Councilman Coronado, the Planning Director advised that the design review is conditioned at the staff level with the applicant signing a separate agreement from the Parcel Map. She further stated that although all design review approvals are considered by the City Council on the Consent Calendar, she would have this particular design review as a separate information item at a future Council meeting. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: SPECIFIC PLAN NO. 85-1, GENERAL PLAN AMENDMENT NO. 85-2, ZONE CHANGE NO. 85-2, AND FINAL ENVIRONMENTAL IMPACT REPORT, CYPRESS VALLEY VIEW LIMITED, SOUTHWEST CORNER OF VALLEY VIEW STREET AND CERRITOS AVENUE: The Mayor opened the Public Hearing and was advised that instead of the recommendation for continuance to the meeting of October 28, 1985, the applicant has requested continuance to the meeting of November 12, 1985. It was moved by Councilman Mullen and seconded by Councilman Partin to continue the Public Hearing to the City Council meeting of November 12, 1985. Hearing no objections, the Mayor so ordered the continuance. The Mayor advised that there were people in the audience wishing to speak on some of the items; therefore, hearing no objections, the Council would now proceed with Item No. 32. - 3 - CITY COUNCIL MINUTES October 151 198;> q41 CONTINUATION OF CONSIDERATION OF CATV PEDESTAL COMPLAINTS: David Barrett presented the staff report dated October 21 19851 which indicated that at the September 23, 1985 Council meeting 1 residents from vista Bonita addressed their concerns to the Council regarding the aesthetics and safety of the aboveground pedestals, specifically citing the locations of 5299 vista Hermosa and 9312 Vista Bonita. He further stated that staff had gone out to measure the subject locations which were wi thin the standard 4 - 4~' minimum clearance and were not considered a hazard. Mr. Barrett also stated that in checking the City's files, there were no complaints received from the Vista Bonita area; however, Copley/Colony had advised that they had contact wi th Mr. Balmer and that construction notices had been properly delivered. In additionl he advised that Copley/Colony's policy was to work with property owners in relocating the pedestals and, in these particular cases 1 the only place that was acceptable was the location on the sidewalk. Further contact with Mr. Balmer resulted in an agreement between Copley/Colony and Mr. Balmer to relocate his pedestal onto his property behind the chimney. Mr. Barrett stated that staff had contacted the County of Orange regarding their experience of flush mounts and was advised that underground vaults required 40% more maintenance calls and had only 30% of the normal life of aboveground electronics. Contact with Rogers Cable Systems for the Huntington Beach area revealed that the original flush mount vaults installed in 1979-81 are currently being replaced with aboveground pedestals due to water damage of the underground vaults. Mr. Barrett then proceeded to show a video tape of the vista Bonita and Vista Hermosa pedestals. Mr. Michael Isaacs of Copley/Colony 1 Inc. and Cheryl Roderiques, General Manager of Copley/Colony Cablevision of Cypress, were present to answer questions. In response to Mayor Kanel, Mr. Isaacs advised that nationally many more maintenance problems are involved with flush mount electronics than aboveground pedestals. Cheryl Roderiques stated that although their systems in the Cities of Harbor and Lomita share the same trunk, headend and electronics 1 the underground flush mount system in Harbor City requires about 40% more service calls a day than Lomi ta 's aboveground pedestals. She further stated that in checking with the Cities of Covinal Seal Beach, Garden Grove, and Huntington Beach, the average increase in service calls is 50% per day using the flush mount vaults due to water corrosion. She displayed a piece of underground equipment that was in the ground for only a year which was badly corroded. Ms. Roderiques further advised that the system being built in Cypress is one of a kind and probably will be the only 600 megahertz cable system ever built. The system's electronic factor is very sensitive and the water table in Cypress is very high. Councilman Coronado stated that he was quite aware of the moisture problem dealing with electronics and that he has always been in favor of aboveground utilities although it might not be aesthetically pleasing. Mr. Isaacs advised that Copley/Colony had assisted property owners in resolving their complaints and thus far had expended $4/600 additional expenditure in relocation of pedestals. Responding to Counci Iman Partin's inquiry, Ms. Roderiques advised that notices are delivered 48 hours in advance to property owners explaining the placement of the pedestals. Councilman Partin expressed his concern that the citizens had not been properly informed. Councilman Mullen stated that the Council should address itself to the complaints of the people in attendance and try to resolve them in order to have construction done in a timely manner. He suggested that staff talk to the people with the complaints and return to Council with a report. - 4 - 442 CITY COUNCIL MINUTES October 15, 1985 Councilman Lacayo agreed with Councilman Mullen, indicating that the subject of cable had long been discussed by the City Council and extensive time and effort had been expended. He felt that Copley/Colony was being very responsive to the residents' complaints. Mr. Carl Balmer, 9302 vista Bonita, Cypress, addressed the Council, advising that he was here at the last Council meeting to voice his and his neighbors' complaints regarding the Copley/Colony's pedestal installations. Mr. Balmer was concerned about the aesthetics of the neighborhood and felt that the affected homeowners should have special consideration. He further stated that his particular problem had been resolved and he commended the Copley/Colony staff for their cooperation. The issue he raised was that the homeowners involved were not notified prior to the pedestal installations. He reiterated that he and his neighbors did not receive the letter explaining about the pedestals. Councilman Mullen stated that individual complaints must be resolved by Copley/Colony; however, the system cannot be redesigned and that it would not be economically feasible to negotiate with every homeowner in the City. Responding to Mr. Balmer, the Mayor advised that the manufacturer of the cable equipment had a layout of the City and together with the technical staff decided where the pedestals were to be located and that there have been a very small percentage of people who have objected to the pedestal locations. Ms. Roderiques stated that if they had to negotiate with every homeowner about the pedestal locations, the cable system would not be built in a timely fashion. Councilman Mullen stated that for the past 2 - 3 years, the City Council held numerous meetings wi th extensive press coverage which provided the citizens the opportunity for public input. Councilman Lacayo stated that it would be difficult to obtain the opinions of every homeowner on a street at a particular day and that it is an established fact that people in Cypress want cable. He further stated that the Council had spent an enormous amount of time in awarding the contract to Copley/Colony who they felt provided the best and highest technology available for the cable system in Cypress. He also supported the aboveground installation. Mr. Balmer then proceeded to show his slide presentation of various homes in his neighborhood with the installed pedestals. Responding to Mr. Balmer as to who would be liable if someone got hurt due to the pedestals, the City Attorney advised that the primary liability would lie with the Cable Company if the pedestals were in the public right of way. Responding to a further question from Councilman Lacayo, the City Attorney advised that if the pedestal was moved onto private property, the primary liability would still be with the operator and business maintaining the system; however, the homeowner could be named and may be liable. Councilman Partin stated that he was very displeased with the appearance of the pedestals; however, was not in favor of going back and investigating all of the pedestals installed thus far. Mr. Partin stated that for future installations, he would like the affected residents contacted and advised prior to installations as to where and what type of pedestals would be installed adjacent to their homes. Councilman Lacayo suggested that the City's inspector survey the proposed locations of the pedestals. Following discussion regarding the availability of the City's inspector and hiring of part-time help, Councilman Coronado inquired as to how much of the system remains to be installed. - 5 - CITY COUNCIL MINUTES October IS, 1985 4 4 a The Mayor called upon Cheryl Roderiques to present a progress report. Ms. Roderiques explained that the City I S cable system is divided into three phases which contain a total of 52 aerial miles, 32 of which are electronically ready. She stated that Phase I would be activated on November 1, 1985 to 3,196 homes; Phase II would be activated on January 1, 1986 to 2,066 homes; and Phase III would be activated on February I, 1986 to 3,069 homes, with the entire system being completed by the end of 1986. She further stated that the earth station, tower, headend, and computer system are all installed and activated and that they would be moving into the building on October 19 and expected the studio to be built in the first quarter of 1986. Councilman Mullen suggested that the Council continue this matter to the next meeting and direct staff to return with a report addressing all the concerns expressed this evening. The Council concurred and the Mayor requested staff to monitor the installation procedure more closely. Mr. Barrett advised that in regards to complaints, a procedure has been established by which all complaints have been referred directly to Copley/Colony with City staff being available only if a solution could not be reached between the homeowner and Copley/Colony. RECESS: Mayor Kanel called a recess at 9:55 p.m.; the meeting was reconvened at 10:02 p.m., with all Councilmen present. CONSIDERATION OF BUILDING EXPANSION AND EXTENSION OF LEASE FOR THE V.F.W. POST #9847 ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF CERRITOS AND MOODY: Mayor Kanel called upon the City Manager to present his report. Mr. Essex stated that representatives from the V.F.W. Post were present to advise the Council on their plans for building expansion and a request for an extension of the current lease. For the record, Mayor Kanel stated that although Councilman Coronado and himself were members of the Post, they were not officers, therefore, are entitled to vote on this matter. Mr. Herbert Stern, 6751 Yosemite Drive, Buena Park, CA 90620, addressed the Council on behalf of the V.F .W. Post. Mr. Stern stated that the V.F.W. facility was located on City property under a current 15-year lease agreement, with the building purchased by the Post from the Boys I Club. Mr. Stern advised that the V.F.W. was requesting an extension of the lease to 25 years, corrunencing on January 1, 1986. He further stated that they intended to expand the west side of the building by 20-24 I and also complete other improvements. He advised that since moving to that location, they have experienced a 10% increase in membership and that all monies received are returned to the local chari table organizations and hospital work. Responding to Councilman Mullen regarding the building plans, Mr. Stern advised that they are working wi th Western Construction Company who has submitted a proposal but the V.F.W. cannot proceed with the plans unless the lease is extended. He further advised that the plans will be submitted to the Council at a later date. At this time, he was only requesting an extension of the lease. Discussion ensued regarding the requirement of a conditional use permit. It was moved by Councilman Lacayo to authorize staff to begin contact with the V.F.W. Post and review their plans and return to Council with the entire plan and the 25-year extension of the lease. The motion was seconded by Councilman Mullen and unanimously carried. 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 recorrunendations listed on the Agenda. - 6 - 444 CITY COUNCIL MINUTES October IS, 1985 It was moved by Councilman Mullen and seconded by Councilman Coronado to approve Consent Calendar Items No. 12 31, including the revised Resolution for Item No. 29. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None NOES: ABSENT: o o COUNCIL MEMBERS: COUNCIL MEMBERS: Item No. 12: Motion to Approve City Council Minutes of the Regular Meeting of September 23, 1985. Recommendation: That the City Council approve the Minutes of September 23, 1985, as submitted. Item No. 13: Motion to Introduce and/or Adopt all Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item No. 14: Consideration of Monthly Investment Report for the Month of August 1985. Recommendation: Receive and file. Item No. 15: Consideration of Claim Filed by Edith Critelli. Recommendation: Receive and file. Item No. 16: Consideration of Proclaiming October 20 - 26, 1985, as "Safe Schools Week". Recommendation: That the Mayor and City Council officially proclaim October 20 - 26, 1985, as "Safe Schools Week" in the City of Cypress. Item No. 17: Consideration of Proclaiming October 24, 1985, as "World Peace Day". Recommendation: That the Mayor and City Council officially proclaim October 24, 1985, as "World Peace Day" and designate the seven minutes from 10:00 to 10:07 a.m., on October 24, to be "Seven Minutes of World Peace" in the City of Cypress as requested. Item No. 18: Consideration of Proclaiming November 1985, as "Alzheimer's Disease Public Awareness Month". Recommendation: That the Mayor and City Council officially proclaim November 1985, as "Alzheimer's Disease Public Awareness Month" in the City of Cypress. Item No. 19: Consideration of Design Review Committee's Approval of #85-33, #85-34, and #85-36. Recommendation: Receive and file. Item No. 20: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Shyamlal Bhajanmal & Kavita Shyam Luthria, D.B.A. Lincoln Market/ 5177 Lincoln Avenue/ Cypress. Recommendation: Receive and file. Item No. 21: Consideration of Claim Filed by Russell S. Kerr, Attorney, On Behalf of William Phillips for April Phillips, a Minor. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Adjuster, Carl Warren & Co., for appropriate disposition. - 7 - i 445 CITY COUNCIL MINUTES October 15, 1985 Item No. 22: Consideration of Claim Filed by General Telephone Company of California. Recommendation: That the City Council officially reject the subject claim and instruct the claimant to pursue this claim with the proper responsible entity, Southern California Water Company. Item No. 23: Consideration of Approval of Agreement with Southern Pacific Transportation Company to Improve Walker Street at Crossing BBL-504.80, City of Cypress Project No. 8133-10-1158. Recommendation: That the City Council approve the Agreement with the Southern Pacific Transportation Company and authorize the Mayor to sign and the City Clerk to attest the signature. Item No. 24: Consideration of Commendation Award to Mrs. Mildred Vessels. Recommendation: That the City Council authorize Mayor Kanel to present a commemorative plaque to Mrs. Mildred Vessels as outlined in the report. Item No. 25: Consideration of Resolution Regarding Property Damage Caused by Door-to-Door Solicitors. Recommendation: That the City Council adopt the Resolution by title only, ti tIe as follows, discouraging the placement of advertising material on screen doors by door-to-door solicitors. RESOLUTION NO. 2991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DISCOURAGING THE PLACEMENT OF ADVERTISING MATERIAL ON PRIVATE PROPERTY. Item No. 26: Consideration of Resolution Corrmending and Supporting the Efforts of the Orange County Special Olympics. Recommendation: That the City Council adopt the Resolution by title only, ti tle as follows, corrmending and supporting the efforts of the Orange County Special Olympics. RESOLUTION NO. 2992 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING AND SUPPORTING THE EFFORTS OF THE ORANGE COUNTY SPECIAL OLYMPICS. Item No. 27: Consideration of Proclamation Congratulating the United Nations on its 40th Anniversary. Recommendation: That the Mayor and City Council issue a Proclamation congratulating the United Nations on its 40th Anniversary. Item No. 28: Consideration of Approval of City Engineer's Report for Cypress Corporate Center Landscape Maintenance District No. 1 and Declaring Intention to Order the Formation of Said Maintenance District No. I, Bounded on the North by Katella Avenue, on the East by Knott Street, on the South by the Stanton Channel, and on the west by Valley View Street. Recomendation: That the City Council 1) Approve the Resolution by title only, title as follows, approving the City Engineer's Report for Cypress Corporate Center Landscape Maintenance District No.1: and 2) Adopt the Resolution by title only, title as follows, declaring its intention to order the formation of Cypress Corporate Center Landscape Maintenance District No. I, pursuant to the Landscaping and Lighting Act of 1972. - 8 - 4t1E tITY COUNCIL MINUTES October 15, 1985 RESOLUTION NO. 2993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING THE CITY ENGINEER'S REPORT FOR CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1. RESOLUTION NO. 2994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE FORMATION OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. Item No. 29: Consideration of Resolution of the City Council for the City of Cypress Designating a Redevelopment Survey Area (Cypress Tank Farm Area, N/Ball, Between Denni and Moody). Recommendation: That the City Council adopt the Resolution by title only, title as follows, designating a Redevelopment Survey Area, as per Exhibit "A". RESOLUTION NO. 2995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DESIGNATING A REDEVELOPMENT SURVEY AREA. Item No. 30: Consideration of a Resolution Transferring a Portion of the Private Activity Bond Allocation of the City of Cypress. Recommendation: That the City Council adopt the Resolution by title only, title as follows, thereby transferring Cypress' 1985 Private Activity Bond allocation to the County of Orange reserve fund. RESOLUTION NO. 2996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS TRANSFERRING A PORTION OF THE PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF CYPRESS. Recreation & Park District Matters: Item No. 31: Consideration of Extension of Employment List - Clerk Typist- Cypress Recreation and Park District. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, extend the Employment List for the position of Clerk Typist to April 22, 1986. COUNCILMAN MULLEN LEFT AT 10:23 P.M. CONTINUATION OF CONSIDERATION OF CYPRESS LAND COMPANY DEVELOPMENT: Mr. Brian Harvey, 423 Bellagio Terrace, Los Angeles of Cypress Land Company, addressed the Council, stating that he was here to discuss the City's proposal for a feasibility study for a retail center at Valley View and Katella for which he had offered to pay 1/2 of the fee. However, since that time I he had receIved considerable interest in his property by out-of-state developers due to the rapid development in that area. Mr. Harvey advised that he had with him Mr. Jeff Karlas, a Broker, who had put him in contact with Osprey Construction from Denver and Winget, Vicchrilli and Ford from Utah, both major developers interested in establishing a retail shopping center. Responding to Councilman Lacayo's inquiry, Mr. Harvey stated that when the Development Agreement was executed, he did not believe his property was a viable area for retail and commercial use and although he had been working with the brokers, he was waiting for the area to mature. He further - 9 - CITY COUNCIL MINUTES October 15, 1985 4 4 7 stated that although he sold two pieces to panasonic and Mitsubishi, he did not wish to sell the remainder of the property. Mr. Harvey advised that he had been approached by Target but was not able to secure a satisfactory offer and was also contacted for small fast-food and motel operations which did not meet his needs. He felt that there was now a genuine interest by these out-of-State developers to build a small regional chain there. Regarding the study, Mr. Harvey stated that Mr. Karlas felt that it was a valuable marketing tool but that the retailers would do their own study with the developers who would research the area thoroughly before committing themselves. Therefore, Mr. Harvey did not feel it would be wise to invest that large amount of money into the study when there was now considerable interest in the property. Responding to Mayor Kanel, the City Manager stated that since no commercial activity had been generated for the remaining 16 acres of the subject property covered under the Development Agreement, the Administrati ve Coordinating Team began researching possible methods of insuring that the commercial retail development potential of that area would be fully realized. Staff interviewed several consultant firms with experience in other cities in attracting commercial development. Staff selected the proposal from Keyser Marston Associates, Inc., in the amount of $9,500 for a basic demographics and market characteristics study. Council then directed staff to meet with the property owner to see if a joint venture arrangement could be worked out. Since that time the scope of the study has been expanded and a second proposal from Keyser Marston Associates has been received in the amount of $21,500. In response to Councilman Lacayo, the Planning Director advised that the second proposal was in response to Mr. Harvey's request in which he asked for more information as far as the market demand at the present time and for the next 5 - 10 years to include restaurant, promotional retail, home improvement retail and hotel/motel uses. Mr. Jeff Karlas, representing the two major developers, stated that he had done his own study on the Cypress area for the developers and felt that the local chain entities were already too close in proximity to the City of Cypress. He stated that Osprey Construction is the largest retail builder in Colorado presently under contract with 10 major centers and Winget, Vicchrilli and Ford is the largest developer in the State of Utah. Both of these developers will be making presentations to Mr. Harvey which will include department stores, theatre chains, and different restaurants and hotel concepts. Following discussion, Mayor Kanel stated that after hearing Mr. Harvey's plans, it may be premature to proceed with the study and, hearing no objections from the Council, stated that the City would wait to see what develops from Mr. Harvey and his meeting with the out-of-State developers. Councilman Partin stated that he would still like to have a study conducted to ascertain the marketability of the property; however, would wait a couple of months for the result of Mr. Harvey's negotiations. Mr. Karlas responded that Osprey Development and Winget, Vicchrilli and Ford are going to pay for their own studies in conjunction with the department stores and the results of those studies should determine on whether they would proceed. The City Manager requested a copy of the market studies as they became available. CONSIDERATION OF WAIVER OF PARCEL MAP FOR MR. STEVEN PROVENGHI RELATING TO THE CONSTRUCTION OF A 20 UNIT APARTMENT DEVELOPMENT ON BISHOP STREET: The Mayor stated that this item was placed on the agenda by Councilman Coronado and turned the matter over to Mr. Coronado. Councilman Coronado stated that he had been supportive a few months ago of Councilman Lacayo's concern of the City's fee structure as it related to small and large businesses. Mr. provenghi had contacted him requesting consideration of waiving the parcel map requirement and allow him to proceed with the - 10 - 4 4:tTY COUNCIL MINUTES October 15, 1985 development while the Council decides on the possibility of an Ordinance change. He was advised by Mr. provenghi that the Engineer's cost for parcel mapping was $3,500. Mr. Coronado stated that he had contacted the Public Works Director to consult the City Attorney on this matter and referred to the Public Works Director to present his report. Mr. Beardsley advised that Mr. provenghi was requesting that he be relieved from the requirement of preparing a Parcel Map in developing his 20 unit apartment complex on Bishop Street pursuant to a portion of the Subdivision Map Act which he had been granted in the past in other cities. Mr. provenghi was able to have the parcel map requirement waived by having the parcels included directly on the deed which would provide that the particular parcels could not be sold independently but would run with the deed. Mr. Beardsley advised that portion of the Subdivision Map Act was changed in January 1985; therefore, staff was not able to find any provision in the law that would allow the waiver of the parcel map requirement. The City Manager clarified that the $3,500 fee was not a City charge but rather a private engineer's fee for preparing a parcel map. Mr. Steven provenghi, 9291 Lexington Street, Cypress, addressed the Council, advising that the Council had granted him a conditional use permit in June 1985 to develop a 20 unit apartment complex on two lots on Bishop Street. He stated that one of the conditions was that the lots be tied together so that they could not be sold separately through the submittal of a parcel map. He stated that his engineer's cost would start at $3,500 and in a similar situation in Los Angeles County, he was able to obtain an Agreement or Covenant between the builder and the City which would hold the lot as one parcel and bind all future owners and which cost him only $25. He further advised that this is recorded in the deed. The City Attorney advised that he had received a memorandum from the Public Works Director along with materials that Mr. provenghi had provided from the Cities of Lynwood and Los Angeles in reference to Section 66451.11 of the Subdivision Map Act. The City Attorney advised that the law previously provided that a local agency by Ordinance could provide for merger of parcels where the contiguous parcels are held by the same owner if certain conditions were satisfied. This Section was amended by an Urgency Ordinance during 1984 which added as a pre-condition to that application of the merger statute that the Section applied if anyone of the contiguous parcels held by the same owner did not conform to standards for minimum parcel size. The Legislature's intent in making this change was to correct an inadvertent amendment that was made in 1983. He further advised that this Section is only applicable if you are dealing with a contiguous lot under common ownership where at least one parcel is substandard. Neither of Mr. Provenghi's lots are substandard. Councilman Lacayo requested staff to research on whether there really was a need for a parcel map or whether an agreement could accomplish the same effect. Mr. Beardsley advised that the City does not have records of deeds; therefore, could not keep an accurate record when parcels are combined on a deed rather than by Parcel Map. Considerable discussion ensued as to other methods which could be pursued, such as lot line adjustments. Councilman Coronado stated that Mr. Provenghi was, in essence, requesting an interim waiver of filing the Parcel Map which would allow him to proceed with his development, if after further consideration, the Council decided it was impossible to grant his request, Mr provenghi would still be committed to complete his project. - 11 - CITY COUNCIL MINUTES October 15, 1985 449 The City Attorney advised that the City must follow the Subdivision Map Act and all violations will have to be reported. Following discussion regarding a possible amendment to the City's Subdi vision Ordinance, it was the general consensus of the Council to refer this matter back to staff for a report at the next Council meeting. CONSIDERATION OF CONTRACT FOR PUBLIC RELATION SERVICES: The City Manager stated that as a result of the Council's discussion at the last meeting, he contacted Mr. Randell Economy who has submitted a proposal dated October 10, 1985, which outlined the areas of public information services he proposed to provide. Mr. Economy's contract would provide for 20 hours a week at $1, 500 a month, for a one-year period, corrunencing October 21, 1985. Mr. Randell Economy addressed the Council stating that his background was in municipal public relations and that he was the former Public Information Officer of the City of Norwalk. He introduced Mr. Doug Bistry, his Associate, and stated that they were in the process of forming Economy/Bistry Communication which will be dealing with municipal public relations. He stated that he was very excited about the project and was looking forward to be of service to the City of Cypress. It was moved by Councilman Coronado, seconded by Councilman Lacayo and unanimously carried to authorize staff to prepare and execute an agreement for Public Relation Services with Mr. Randell Economy as outlined in his proposal dated October 10, 1985, for a period of one year, commencing on October 21, 1985. CONSIDERATION OF AWARD OF CONTRACT FOR FURNISHING AND INSTALLING ONE (1) EMERGENCY GENERATOR AT MYRA PUMP STATION NO. 1 ON MYRA AVENUE, CITY PROJECT NO. 8445-90: A staff report dated October 2, 1985, was presented which stated that seven (7) Requests for Quotation were sent out and only two (2) bids were received. It was moved by Councilman Lacayo and seconded by Councilman Partin to 1) Authorize an appropriation from the General Fund balance of $5,500 to Account No. 4186-11-424.24; 2) Authorize the transfer of $26,000 from Account No. 4186-11-448.23 to Account No. 4186-11-424.24; and 3) Determine that the lowest responsible bidder for Project No. 8445-90 is Equipment Service Company and award a contract for furnishing and installing the emergency generator at Myra Avenue Pump Station No. 1 to Equipment Service Company, 3431 Cherry Avenue, Long Beach, CA 90801, in the amount of $52,491.80. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 o 1 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel None Mullen CONSIDERATION OF AWARD OF CONTRACT FOR COMMUNICATIONS EQUIPMENT FOR THE CYPRESS POLICE DEPARTMENT: A staff report dated October 4, 1985, was presented which stated that the Police Department has allocated $8,000 in the 1985/86 Budget for the purchase of four replacement portable radios. The report further stated that all current corrununications equipment used by the Police Department is Motorola Communications manufactured equipment and for compatibility of equipment, it was considered advisable to purchase the needed equipment direct from Motorola Communications. It was moved by Councilman Coronado and seconded by Councilman Lacayo to 1) Dispense with formal competitive bidding for the reasons outlined in the report pursuant to City Code Section 21A-8f; 2) Transfer $56.00 from the fund balance of the Central Services Fund to Account No. 4486-90-656-35; and 3) Authorize the purchase of four (4) portable corrununication radios from Motorola Corrununications and Electronics, Inc., 171 South Anita, Suite 201, Orange, CA 92668, in the amount of $8,056. - 12 - 4~)O CITY COUNCIL MINUTES October 15, 1985 The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 o 1 Coronado, Lacayo, Partin and Kanel None Mullen COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: CONSIDERATION OF AWARD OF CONTRACT FOR CITY COUNCIL CHAMBER AUDIO UPGRADE, REQUEST FOR QUOTATION NO. 8586-11: A staff report dated October 7, 1985, was presented outlining the three (3) bids received. It was moved by Councilman Lacayo and seconded by Councilman Partin to accept the quotation received from Seawind Sound Company, 2861 Saturn Street, Suite A, Brea, CA 92621, as the lowest responsible bidder for the City Council Chamber Audio Upgrade and award the contract to this company in the amount of $2,523.25. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 o 1 Coronado, Lacayo, Partin and Kanel None Mullen COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: CONSIDERATION OF AWARD OF CONTRACT FOR COMMUNICATIONS EQUIPMENT FOR THE CYPRESS PUBLIC WORKS MAINTENANCE DEPARTMENT: A staff report dated October 7, 1985, was presented which stated that in order to continue with the Motorola line of equipment in the Public Works Department and the Police Department to ensure compatibility of equipment for maintenance and repair, it was considered advisable to purchase the new equipment direct from Motorola Communications and Electronics, Inc. It was moved by Councilman Partin and seconded by Councilman Coronado to a) Dispense with formal competitive bidding for the reasons outlined in the report pursuant to City Code Section 21A-8f and b) Authorize the purchase of ten (10) mobile communications radios from Motorola Communications and Electronics, Inc., 171 South Anita, Suite 201, Orange, CA 92668, in the amount of $10,926.69. The motion was unanimously' carried by the following roll call vote: AYES: NOES: ABSENT: 4 o 1 Coronado, Lacayo, Partin and Kanel None Mullen COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: CONSIDERATION OF AWARD OF CONTRACT FOR POLICE COMPUTER PR(X;RAMMING: A staff report was presented dated October 7, 1985, which stated that in the past the maintenance, repair and programming of the Police Department I s Data General Computer System was provided by the original supplier, Apollo Data Systems who has since advised the City that they would no longer provide these support services. Solutions for Business was selected because the programmer for Apollo is currently a partner in that company and is familiar with the Police Department's needs. Responding to Councilman Lacayo, Chief Lowenberg advised that the estimated monthly cost of $400 is based on prior history and future needs. It was moved by Councilman Lacayo and seconded by Councilman Coronado to authorize the Police Department to enter into a contract with Solutions for Business, Inc., D.B.A. Support Solutions, Inc., 929D Willardson Way, Santa Ana, CA 92703, for needed programming based on a time and materials basis at a rate of $70 per hour for the period of October 16, 1985 through October 15, 1986. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 o 1 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBRRS: Coronado, Lacayo, Partin and Kanel None Mullen - 13 - CITY COUNCIL MINUTES October 15, 1985 45.1 CONSIDERATION OF AWARD OF CONTRACT FOR PRISONER TRANSPORTATION VAN CONVERSION: A staff report dated October 7, 1985, was presented which outlined the three (3) bids received. It was moved by Councilman Lacayo and seconded by Councilman Partin to 1) 1'ransfer $3,800 from Account No. 4371-90-659-35 to Account No. 4370-90-659-39; 2) A\vard the contract for the metal fabrication work on the Police Unit #603 to the lowest resp:msible bidder, Lakeman Chassis, 115 S. Lemon, Fullerton, CA 92632, not to exceed a total of $3,400; and 3) Authorize the purchase of one (1) bench seat from A to Z Wrecking, 17852 Gothard, Huntington Beach, CA, in the amount of $159; and 4) Authorize the City garage to complete the conversion charging Account No. 4370-90-659-39 for labor and parts. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 o 1 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel None Mullen CONSIDERATION OF AWARD OF CONTRACt 'ID REMOVE AND REPLACE EIGHT ( 8 ) WINDOWS, REQUEST FOR QUOTATION NO. 8586-13: A staff report dated October 7, 1985, was presented which outlined the two bids received. In response to Councilman Coronado's inquiry, the Recreation and Park Director advised that these were the old crank type windows at Arnold/Cypress Park Picnic Pavilion which were constantly being vandalized and were unrepairable. It was moved by Councilman Coronado and seconded by Councilman Lacayo, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, to accept the bid received from Tucker Construction, 327 Marine Avenue, Newport Beach, CA 92662, as the lowest responsible bidder and award the contract to remove and replace eight (8) windows at Arnold/Cypress Park to this contractor in the amount of $4,778.77. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 o 1 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel None Mullen CONSIDERATION OF AWARD OF CONTRACT FOR POLICE VEHICLE REPLACEMENT: A staff report dated October 11, 1985, was presented which stated that as provided for in the current Capital Outlay Budget, a fourth Police vehicle replacement unit has been located with very low mileage and inspected by the City garage who recommends purchase of the vehicle. It was moved by Councilman Lacayo and seconded by Councilman Coronado to determine that it is in the best interest of the City to dispense with formal competitive bidding pursuant to City Code Section 21A-8f and authorize the purchase of one (1) 1985 Buick Regal from Buick Mart, 18800 Studebaker Road, Cerritos, CA 90701, in the amount of $12,481.48. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 o 1 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel None Mullen CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM COUNCILMAN IRV PICKLER OF THE CITY OF ANAHEIM, REGARDING THE HAZAROOUS WASTE MANAGEMENT AUTHORITY: Hearing no objections, the Mayor continued this matter to the next meeting. - 14- c4ff ~OUNCIL MINUTES October 15, 1985 CONTINUATION OF CONSIDERATION OF APPOINTMENT 'ill A CITY LIAISON PROTOCOL COMMITTEE: The Mayor stated that he has been advised that this should be a City staff member and not a member of the community; therefore, the matter was referred to the City Manager for a staff appointment. CONSIDERATION OF UPDATE ON STATUS OF PROPOSED DEVELOPMENT FOR THE LOS ALAMI'illS RACE TRACK: Chris Eynon stated that a revised development plan had been submitted which was posted on the back board along with the first plan and she proceeded to review the plans with the City Council. CONSIDERATION OF NEWSLETTER ARTICLES: The City Manager distributed an added article on the Airbase Blue Ribbon Cormnittee. The Council had no objections on any of the articles that were submitted. Councilman Partin stated that he would like the Conservation Corps to receive a Resolution of Cormnendation for their excellent work in refurbishing the bleachers at the Oxford site. The Public Works Director advised that they were working on a Resolution which will be presented after the Conservation Corps complete their other projects. CONSIDERATION OF ADOPTION OF ORDINANCE RELATING TO VACANCY ON CITY COMMISSIONS UPON FILING OF NOMINATION PAPERS FOR THE CITY COUNCIL: Hearing no objections, it was moved by Councilman Partin, seconded by Councilman Lacayo and unanimously carried to approve the first reading of the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTION 2-2.22.1 'ill THE CODE OF THE CITY OF CYPRESS RELATING TO VACANCY ON VARIOUS COMMISSIONS UPON THE FILING OF NOMINATION PAPERS FOR THE CITY COUNCIL ON BEHALF OF A MEMBER OF VARIOUS CITY COMMISSIONS. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 11567 11778: It was moved by Councilman Partin and seconded by Councilman Lacayo to approve the Warrant List for Warrants No. 11567 - 11778 in the amount of $764,708.14. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 o 1 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel None Mullen CONSIDERATION OF EMPLOYING A CONSULTANT FOR THE REDEVELOPMENT SURVEY AREA OF THE CYPRESS TANK FARM: The City Attorney stated that he had discussed wi th the City Manager and the Planning Director relative to employing a consul tant for the Redevelopment Survey Area of the Cypress Tank Farm which was approved this evening. He further stated that to process a Redevelopment Plan involves a number of meetings and deadline dates to submit documents to the State. He felt that the City staff was of limited size and was involved with other major projects. The City Attorney further advised that the Redevelopment Plan must be adopted prior to July 19, 1986 in order to receive the benefit of the base roll as of August 1985. At the request of the City Manager, the City Attorney advised that he contacted three (3) consultant f irITIS of which one declined to submit a proposal. He had obtained a proposal from Gunn Russell Copenhaver & Co., Inc. of Claremont in the amount of $27,250 and another proposal from Urban Futures in the amount of $27,750. He felt that these fees were competitive and even lower than what firms normally charge for a Redevelopment Plan. He advised that staff had contacted references of both firms and was recormnending the firm of Gunn Russell Copenhaver & Co., Inc. - 15 - CITY COUNCIL MINUTES October 15, 1985 45' a In response to the City Manager, the City Attorney advised that if the Redevelopment Plan was in existence for the project area and property tax increased, the Agency would recover its initial investment. The Planning Director brought to the Council's attention that if during the EIR, the firm needed to sub-out for a traffic study or soils test, these fees were not included in the base quote. It was moved by Councilman Lacayo and seconded by Councilman Partin to approve entering into an agreement wi th Gunn Russell Copenhaver & Co., Inc. of Claremont for Redevelopment Consultant Services and to direct staff to proceed wi th the appropriate steps to adopt a Redevelopment Project Area and to transfer $27,250 from the unreserved fund balance of the General Fund and appropriate $27,250 to Account No. 4189-37-195-06. The motion was unanimously carried. The Finance Director stated that these funds will be in the form of a loan from the General Fund to the Community Redevelopment Agency. SECOND READING OF URGENCY ORDINANCE NO. 747 RELATING TO AMENDMENT TO THE ZONING ORDINANCE ON THE LOCATION OF FORTUNE-TELLING BUSINESSES: It was moved by Councilman Lacayo and seconded by Councilman Partin to adopt the following Ordinance by title only, title as follows: ORDINANCE NO. 747 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 was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 o 1 COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel COUNCIL MEMBERS: None COUNCIL MEMBERS: Mullen SECOND READING OF URGENCY ORDINANCE NO. 748 CONCERNING REPEALING AND ESTABLISHING SECTIONS OF THE CITY CODE RELATING TO FORTUNE-TELLING: It was moved by Concilman Lacayo and seconded by Councilman Partin to adopt the following Ordinance by title only, title as follows: ORDINANCE NO. 748 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONCERNING FORTUNE-TELLING, REPEALING AND ESTABLISHING CERTAIN SECTIONS OF THE CITY CODE OF THE CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 o 1 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel None Mullen SECOND READING OF ORDINANCE NO. 749 ESTABLISHING A CULTURAL ARTS COMMISSION: It was moved by Councilman Lacayo and seconded by Councilman Partin to adopt the following Ordinance by title only, title as follows: 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. - 16 - 454 CITY COUNCIL MINUTES October IS, 1985 The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT : 4 o 1 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel None Mullen SECOND READING OF ORDINANCE NO. 750 ESTABLISHING NEW REQUIREMENTS FOR THE OPERATION OF AMBULANCES: It was moved by Councilman Lacayo and seconded by Councilman Partin to adopt the following Ordinance by title only, title as follows: ORDINANCE NO. 750 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING ORDINANCE 637 AND ESTABLISHING THE REQUIREMENTS FOR THE OPERATION OF AMBULANCES IN THE CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 o 1 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel None Mullen 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. CONTINUATION OF CONSIDERATION OF CYPRESS COMMUNITY COUNTRY FESTIVAL EVALUATION: Hearing no objections, the Mayor continued this matter to the next meeting as requested by staff. CONSIDERATION OF POLICY REGARDING INSURANCE COVERAGE FOR SPECIAL EVENTS WHICH SERVE ALCOHOLIC BEVERAGES CONDUCTED AT THE CYPRESS COMMUNITY CENTER: The City Manager distributed a list of events already scheduled at the Corrmunity Center which involve the serving of alcoholic beverages and asked David Barrett to present a report. Mr. Barrett stated that the City Council had adopted a policy in the past in regards to the use of the Corrununity Center and other City/District facilities where alcoholic beverage would be allowed to require the utilization of a special events liability insurance policy that was available through the Joint Powers Authori ty of which the City/District was a member or to provide their own insurance. He further stated that as of October I, 1985, the Insurance Carrier had declined to renew and currently there was no insurance carrier to take its place. He felt that after the first of the year the insurance crisis may be more flexible. At the present time, as the list showed, there are several events scheduled at the Corrununity Center for which insurance fees must be refunded. He stated that there is no other insurance available for these people other than their own homeowners' insurance and should a lawsuit be filed, they could face a tremendous financial burden. Council has to decide on whether it is feasible to enforce the existing policy or to waive the requirement. The Recreation and Park Director advised that calls to the Cities of Costa Mesa, Garden Grove, Fountain Valley, and Anaheim revealed that they all allow alcoholic beverages and none of them require specific insurance. He further stated that the Cities of Westminster and Huntington Beach are in similar situation as the City of Cypress and they were currently re-evaluating their policies. The City Manager stated that the City is covered for liability exposure. - 17 - CITY COUNCIL MINUTES October 151 1985 455 Following discussion, it was moved by Councilman Lacayo I seconded by Councilman Partin and unanimously carried to waive the existing policy requlrlng groups utilizing the Corrmunity Center and serving alcoholic beverages to have liability insurance. The Mayor announced that due to the lateness of the houri the Executive Session would not be held. The City Manager advised the Council that staff was experiencing a problem in regards to the proposed flyover project which Council had directed staff to investigate. He stated that the City is reviewing two Specific Plans which will have to meet CEQA requirements for traffic mitigation purposes which could include the flyover project at an estimated cost of 4~ million dollars. Mr. Essex stated that staff met with Arlan representatives and they were concerned with this requirement. The City Manager requested direction from the Council on whether the staff should pursue this project with the State and County; develop a cooperative venture project with the Business park owners; or make it a requirement for the two Specific Plans I a decision which Council must make since Arlan wishes to move ahead with their Specific Plan. Following discussion, the City Attorney advised that Arlan had expressed some willingness to participate in a pro-rata share of the flyover cost. He stated that staff needed direction from the Council as to whether the flyover should be addressed as a condition to the developers. The general consensus of the Council was for staff to continue investigating the flyover approach but would not consider the flyover as a definite traffic mitigation program at this time. The City Manager advised that pursuant to the annual joint meeting schedule with City Commissions, the City Council will be meeting with the Senior Citizens Commission at the next meeting. WRITTEN & ORAL COMMUNICATIONS: None was presented. ADJOURNMENT: The meeting was adjourned at 12:30 a.m. to 6:30 p.m. I on Monday I October 281 19851 for a joint meeting wi th the Senior Citizens Commission. ATTEST: OF CYPRESS . / rF/, .' ".j;)fj};/ "i--/ CITY CLERK OF/TH~ CI~'OF CYPRESS - 18 -