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Minutes 85-10-28 45~) MINUTES OF THE MEETING OF THE CYPRESS CITY COUNCIL HELD October 28, 1985 The regular meeting of the Cypress City Council was called to order at 6:38 p.m., on Monday, October 28, 1985, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: ARSENT: Council Members Lacayo, Mullen, Partin and Kanel Councilman Coronado Also present were David Ranett, Assistant City Manager; and the following staff members: Eynon and Thomas. Mayor Kanel announced that the regular City Council meeting would now be called into session in a joint meeting with the Senior Citizens Commission. Chairfnan Scott called the joint meeting with the City Council to order at 6:40 p.m., with the following Senior Citizens rom missioners present: Lachina, Berlin, Hayes, Abrams, Newton, Spatz and Chairman Scott. Alternates Dobrick, McKeown, Meredyk and Unan were also present. At the request of a Commission member, Mayor Kanel introduced the City Council members and the Council congratulated the seniors on the selection for the Section 202 funding approval and com mended them for their efforts to gain approval. The Council assured the rommission that they are fully supporting Proposition D on the November ballot and urged the seniors to spread the word and seek support. Councilman Lacayo concluded the City Council's statement by stressing the importance of the Commission and Council working together to ohtain the ultimate senior center. 'VIr. Brooks White, of Shelter Ventures Housing Consultants, reviewed the informational packet distributed to the seniors and the Council which included a letter from Shelter Ventures explaining the roles and responsibilities of the different organizations involved, as well as timing information of the propsosed project and an address where persons can write to express their interest in the project; an official letter from the Department of Housing and Urban Development advising National Church Residences of Cypress of project selection for funding, including terms and conditions; and information explaining the Section 202 program and the Section 8 rental assistance program that is associated with the housing project. Mr. White indicated that it would take approximately 10 to 12 months to receive all the necessary approvals/permits form the City and HUD, placing commencement of construction at approximately September of 1986. Mr. White concluded by encouraging the Council and staff to effect a rapid negotiation process to meet HUD's deadline and to adhere to the time schedule, and warned that since the school district will attempt to obtain top dollar on the property everyone needs to work together to resolve the purchase of the property as soon as possible. At 7:20 p.m., the Senior Citizens Commission adjourned and the City Council meeting continued following a brief recess. At 7:25 p.m., the meeting continued with all Council members present with the exception of Councilman Coronado. The following additional staff members were present at this time: Beardsley, Hurst, Leonard and Lowenberg. At this time Mayor I(anel announced that Item No.7, Consent Calendar Item Nos. 8 - 17, and Item No. 18 would be taken out of order and heard at this time. CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) BOOKCASE FOR THE POLICE DEPARTMENT: A staff report was presented dated October 22, 1985 for the purchase of one bookcase to be used in a Police Captain's office. It was moved by Councilman Partin and seconded hy Councilman Lacayo to appropriate $145 from the Central Services Fund to Account 4673-90-653-38 and authorize the purchase of one bookcase for the Police Department from Bassett Business Interiors, 1952 E. Edinger, Santa Ana, in the amount of $232.78. The motion unanimously carried by the following roll call vote: . City Council Minutes October 28, 191"1 A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: ] COUUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" were considered by the City Council as routine and enacted by one motion approving the recommendations listed on the Agenda. It was moved by Councilman Lacayo and seconded by Councilman Partin to approve Consent Calendar Item Nos. 8 - 17. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL \'1EMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado Item No.8: Motion to Approve City Council Minutes of the Regular Meeting of October 15, 1985. Recommendation: That the City Council approve the Minutes of October 15, 1985 as submitted. Item NO.9: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration hy Title Only and to Waive Further Reading. Item No. 10: Consideration of Application for Alcoholic Beverage License Transfer Filed by An Xuan & Ngan Thi Nguyen, D.B.A. Omega Liquor, 4346 Lincoln Avenue, Cypress. Recom mendation: Receive and file. Item No. 11: Consideration of Proclaiming November 3, 1985, as "Rams Day". Recommendation: That the Mayor and City Council officially proclaim November 3, 1985, as "Rams Day" in the City of Cypress. Item No. 12: Consideration of Proclaiming November 24 - December 1, 1985, as "Bible Week". Recommendation: That the Mayor and City Council officially proclaim November 24 - December 1, 1985, as "Bible Week" in the City of Cypress as requested. Item No. 13: Consideration of l\1onthly Investment Report for the Month of September 1985. Recommendation: Receive and file. Item No. 14: Consideration of Claim Filed by Ronald Whitman. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Adjuster, Carl Warren and Company, for appropriate disposition. Item No. 15: Consideration of Traffic Signal Agreement for the Intersection of Cerritos Avenue and Denni Street, City of Cypress Project No. 8400-10. Recommendation: That the City Council approve the Agreement between the City of Cypress and the City of Los Alamitos for the maintenance and energy costs of the traffic signal at the intersection of Cerritos A venue and Denni Street and authorize the Mayor to sign and the City Clerk to attest the signature. Item No. 16: Consideration of Acceptance of the Heater Scarification, Overlay, and Reconstruction of Various Streets in the City of Cypress, Project No. 8560-90. Recommendation: That the City Council 1) Approve the contract change from the original contract award to All American Asphalt of $622,337.79 to the final cost of $636,429.93; 2) Accept the Heater Scarification Project of various streets within the City of Cypress, Project No. 8560-90, as being satisfactorily completed in accordance with the Plans and Specifications; and 3) Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in material and workmanship become evident. -2- C 4t~ &0 u n c i I M i nut e s October 28, 1985 Item No. 17: Consideration of Request for SB 821 Local Allocation Funds for Bicycle and Pedestrian Facilities on Walker Street From Cerritos Avenue to Katella Avenue, City of Cypress Project No. 8115-90. Recom mendation: That the City Council adopt a Resolution by title only, title as follows, authorizing staff to submit a claim for its J 985-86 allocation of local SB 821 Funds in the amount of $9,593. RESOLUTION NO. 2997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AN APPLICATION FOR THE CITY'S 1985-86 LOCAL ALLOCATION OF SB 821 BICYCLE AND/OR PEDESTRIAN FUND~. CONTINUATION OF CONSIDERATION OF CATV PEDESTAL COMPLAINTS: A staff report was reviewed dated October 21, 1985. At the Council meeting of October 15, staff was directed to report back on the feasibility of hiring a part-time inspector or some other alternate approach to providing notification to homeowners prior to the installation of a CATV pedestal in the public easement in front of their homes. Subsequently, Copley/Colony has proposed altering their current pre-construction notification process to add personal contact by their Regional Construction Supervisor with each homeowner designated to have a pedestal. In the event no one is home, a separate letter would be left explaining that a pedestal is to be installed and to contact Copley/Colony to discuss the exact location, as well as the pedestal shape preferred. Mr. Barrett indicated that this procedure should mitigate the problems experienced in the past. It was moved by Councilman Partin and seconded by Councilman Lacayo to receive and file the report and to be kept informed on the progress of the installation. Mayor Kanel, hearing no objections, so ordered. PLEDGE OF ALLEGIANCE: Councilman Lacayo 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. No one wished to speak. CONTINUATION OF PRESENTATION TO THE CYPRESS POLICE DEPARTMENT BY STEVE & LINDA GA VLICK: Steve and Linda Gavlick, of 6093 Ramos Circle, Cypress, presented a donation in the amount of $100 to the Cypress Police Department to be used in the City's Drug Awareness and Resistance Education Program, and commended the City on its fine Police Department. Chief Lowenberg provided a brief description on the goals and objectives of the D.A.R.E. Program. STAFF REPORTS AND DISCUSSION: The Assistant City Manager requested that the following items be added to the Agenda: The addition to Item No. 22 of a Resolution designating a Redevelopment Survey Area; Consideration of proposed Amendment No.1 to the Civic Center Redevelopment Project, which was added as Item No. 22-A; and Consideration of Redevelopment Plan Amendment No.1 accepting the Preliminary Plan as amended, which was added as Item No. 26. Mayor Kanel, hearing no objections, added consideration of a Resolution commending Margaret Vessels for her outstanding community involvement, which was added as Item No. 23-A; and discussion on the Miss City of Cypress Beauty Contest, which was added as Item No. 23-B. 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. Planning Director Chris Eynon indicated that Mr. Stevenson, representing Warland Company, was present in the audience to request a continuance to the November 12, 1985 Council meeting. It was moved by Councilman Mullen and seconded by Councilman Partin to continue consideration of Parcel Map No. 85-321 to the Council meeting of November 12, 1985. Hearing no objections, the Mayor so ordered the continuance. -3- City Council Minutes October 28, 19~5 4 5H CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-23, OUTDOOR STORAGE CONTAINERS AT TARGET, 6835 KATELLA A VENUE: The Mayor opened the Public Hearing. The Planning Director indicated that staff had received a letter from Target requesting formal withdrawal of Conditional Use Permit 85-23. Target has indicated that alternative sources for additional storage facilities would be utilized. Target had also submitted a request for refund of their application fee of $400. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the Public Hearing, withdraw Conditional Use Permit No. 85-23 and refund the $400 filing fee to the applicant. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado CONSInERATION OF PU8LIC~ HEARING RE: CONDITIONAL USE PERMIT NO. 85-24, OUTDOOR STORAGE CONTAINERS AT MERVYN'S, 10201 VALLEY VIEW STREET: Mayor Kanel opened the Public Hearing. The Planning Director summarized the staff report dated October 21, 1985, for a request from Mervyn's Department Store, 10201 Valley View Street, to place fifteen bulk storage containers at the rear of the store property from October 29, 1985 until January 1, 1986. The hours of access to the containers would be limited to 8:30 a.m. to 5:00 p.m. Monday through Fridav, 9:30 a.m. to 5:00 p.m. on Saturday, and 10:00 a.m. to 5:00 p.m. on Sunday. The applicant had indicated that the containers would be brought on the site as they are needed, thereby resulting in fewer containers on the site initially with the maximum placement occurring later in the proposed time period. The Planning Director indicated that no complaints were received regarding the aesthetics of the containers, but over the past two years complaints were received regarding excessive noise, especially early morning and late evening hours. She added that the applicant has made an effort to mitigate the noise problems by limiting the hours of access to the containers and maintaining 95 feet from the rear property line. Staff has also included a condition which would allow the City Council to maintain the right to review and modify the Conditional Use Permit if substantiated complaints are received. Mr. Ted Pakes, General Manager of the Mervyn's Department Store, indicated that he was unaware of anyone entering the containers after 5:00 p.m. He added that he is aware of the complaints and will abide by the conditions to mitigate the problems. Mayor Kanel asked whether a representative from Mervyn's has talked to the neighbors regarding the noise complaints. Mr. Pakes responded in the negative, but indicated that Mr. Fox from the Chamber of Commerce has contacted Mr. Kennedy, who, as confirmed by the Planning Director, is the only person who has lodged a noise complaint. Mayor Kanel inquired whether the metal doors on the containers could be stripped with rubber casing to eliminate the noise. Mr. Pakes indicated that he would look into it and added that Mr. Buddy Wilson of Haulaway Containers is present and would be able to address the inquiry. Mr. Buddy Wilson, Western Regional Manager for Haulaway Containers, 11292 Western A venue, Stanton, indicated that the doors would not lock properly if the metal to metal contact was broken with rubber. He further added that the doors could be broken into easily and the locking system would be ineffective. Mayor Kanel questioned the feasibility of using only one door to enter the containers, that being the one closest to the store. Mr, Wilson indicated that the efficiency would be reduced greatly and a middle aisle would be needed to get to the other end. The Mayor asked if anyone else wished to speak in favor of the request. No one wished to speak. Mayor Kanel then inquired whether anyone wished to speak in opposition. Mr. Don Kennedy, ;)843 Holmby Court, Cypress, spoke in opposition to approval of the containers, indicating that the "ear of Mervyn's is similar to an echo chamber and it gets very noisy. Mr. Kennedy added that a refrigerated truck, which operates 24-hours a day, has been parked behind Albertson's, and is expected to remain for an additional 4 - 6 weeks which is creating excessive noise. Mr. Kennedy concluded that Mervyn's should utilize alternate means for storage and urged Council denial. Mr. Pakes again spoke in support of approval and added that Mervyn's is attempting to eliminate the problems and, in response to Councilman Lacayo's inquiry, indicated that he has investigated the best placement of the containers to reduce the noise. -4- t1.60 1City Council Minutes Oc t 0 b e r 2 8, 1 9 85 Councilman Lacayo asked if Mr. Pakes was in agreement to the five conditions. Mr. Pakes questioned Condition No.2 regarding the temporary use of 24-inch box Potacarpus trees for screening purposes. Councilman Lacayo questioned the feasibility of installing a 5 - 6 foot high fence to buffer the residential and commercial areas. Planning Director Chris Eynon indicated that buffers are a viable solution, however, she added her concern that once the buffer is installed, the containers would remain indefinitely, or would create a potential police problem upon removal of the containers. Mayor Kanel inquired as to alternate feasible temporary storage that could be installed and Ms. Eynon responded that the possibilities have not been studied. Ms. Eynon added that the use of temporary planters would be for aesthetic purposes, not to reduce the noise. Councilman Lacayo expressed his opinion that it is unfair to ask Mervyn's to utilize shrubbery and not the other tenants in the shopping center, and added that a long term solution is needed. He concluded by asking why trees should be considered for aesthetic purposes if the complaints have been concerning noise. Councilman Partin indicated that a permanent solution is needed and suggested that staff conduct a study of the entire center and contact local homeowners to gather their input regarding the installation of a 12' solid concrete wall dividing the zones. Discussion ensued regarding methods of funding for this type of project and whether public funds could be used for private property improvements. City Attorney Mark fluebsch indicated that it would have to be researched, but that one requirement is that the improvement must benefit the public. Councilman Lacayo added that this suggestion is worth investigating and suggested that the study be conducted and the funding methods be considered at a later date. Councilman Lacayo recommended a revision to Condition No.2 eliminating the requirement of the use of trees, and adding a condition that addresses the noise issue. Mayor Kanel questioned the proposed procedure if complaints are received by the Planning Department. The City Attorney indicated that the Council could hear the issue, with the applicant being given an opportunity to speak, or it could be delegated to staff at its discretion, adding that a public hearing would not be required. Mr. Huebsch recommended that Condition No.2 be modified to read: "If complaints of noise are made to the Planning Department, these will be forwarded to the City Council which, at its discretion, may modify or terminate the permit". Mr. Pakes indicated agreement to the conditions as modified. It was moved by Councilman Lacayo and seconded by Councilman Partin to close the Public Hearing and to adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 85-24 subject to conditions as modified. Councilman Mullen indicated that he would support approval, but reluctantly. Mayor Kanel indicated that he is in support, but that the Council must be kept informed regarding the noise concerns. Councilman Lacayo added that with the conditions, the Council has more control over the concerns, and suggested that the Chief of Police keep a log of complaints and report to the Council. RESOLUTION NO. 2998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-24 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado It was moved by Councilman Partin and seconded by Councilman Lacayo to direct staff to do a study in conjunction with the residents and return with a preliminary report at the November 25 Council meeting regarding the feasibility of a permanent solution to mitigate the shopping center noise problem, possibly by consulting with an acoustical firm or doing a CalTrans type wall. The motion was carried by the following roll call vote: -5- City Council Minutes Oc t 0 b e r 28, ~ t>1 A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado In conclusion, Mr. Pakes indicated that all employees would be informed of the importance of opening and closing the storage containers with care to eliminate any undue noise, and urged Mr. Kennedy to contact him personally should the problems continue. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-25, CAR WASH AND SERVICE STATION, 4001 BALL ROAD, CYPRESS: The Mayor opened the Public Hearing and the Planning Director presented a staff report dated October 16, 1985, for a request from Shell Oil Company to modify the existing Shell Service Station, located at 4001 Ball Road, by converting the existing automotive service bays into self-serve, drive-thru car wash. Also included was a request to vary from Section 10.3.A of the Zoning Ordinance to allow the existing Ball Road front yard landscape planter to remain at a depth of 3 feet rather than the required 10 feet and to vary from Section 14.2.B to allow a total of 4 parking stalls for the project rather than the required 5. Staff agreed that a full 10-foot planter would not be a reasonable request, however did recom mend the expansion of the planter an additional 2 feet. Staff recommended approval subject to conditions. Mr. Bernie Smith, Shell Oil Company representative, 511 North Brookhurst Street, Anaheim, concurred with staff's recommendation to increase the planter fronting Ball Road an additional 2 feet. Mr. Smith, referring to Condition No. 17, indicated that since Shell Oil leases the land, he does not know whether the Company can dedicate the corner cutoff to the City; he also asked for clarification of Condition Nos. 2 and 3 regarding requirements of the Orange County Fire Marshall's Office. In response to Condition No. 17, the Planning Director indicated that Item No. 17 still remains a condition of approval and that Shell Oil would have to work with the land owner to seek authority to dedicate. She added that if the dedication is not received, it would either invalidate the r;up or a Council action would be required to amend the conditions. Ms. Eynon clarified Condition Nos. 2 and 3 to the satisfaction of Mr. Smith. Councilman Partin questioned the purpose of the corner cutoff. Public Works Director Bob Beardsley clarified that the corner cutoff provides a more conventional cut off that is now required under current development standards. Mayor Kanel asked if anyone was present in opposition to the request. There was none. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the Public Hearing and to adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 85-25 with conditions. RESOL UTION NO. 2999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-25 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado CONSIDERATION OF PUBLIC HEARING HE: CONDITIONAL USE PERMIT NO. 85-26, RESTAURANT WITH ON SALE BEER AND WINE, 4011 ORANGE AVENUE: JVIayor Kanel opened the Public Hearing and the Planning Director summarized the staff report dated October 16, 1985, for a request from Gloria Reyes to allow the operation of a restaurant with the on-premise sale of beer and wine in a 750 squtlre foot lease space at 4011 Orange Avenue. The plans submitted indicated approximately 7 tables, as well as counter seating. The hours of operation would be 6:00 a.m to 11:00 p.m. Monday through Friday, and 6:00 a.m to 12:00 midnight Saturday and Sunday. Staff recommended approval subject to conditions. Ms. Gloria Reyes, 5691 Orange Avenue, applicant, spoke in support of the request and was present to answer questions from the Council. Mayor Kanel asked if anyone was present in opposition to this request. Mr. John Vardo, 4026 Brighton Circle, spoke in opposition of approval, stating that the restaurant would create noise, as well as trash problems, with associated bugs and odors. Mr. -6- 462 City Council Minutes October 28, 1985 Vardo added that the sale of beer and wine would have an adverse affect. In conclusion, Mr. Vardo indicated that he could circulate a petition of those in opposition to this request if the Council so desires. Ms. Elizabeth Tomansiage, 4036 Brighton Circle, concurred with Mr. Vardo, expressing concern over noise and trash. Councilman Lacayo suggested continuing this item to enable the concerned residents to meet with the applicant to attempt to mitigate potential problems. Ms. Reyes added that she has contacted some people and they had indicated support for the restaurant at that location. Councilman Lacayo urged Ms. Reyes to contact the residents located adjacent to the proposed site to hear their concerns. It was moved by Councilman Lacayo and seconded by Councilman Mullen to continue the Public Hearing to the meeting of November 12, 1985. The motion to continue unanimously carried. Mayor Kanel indicated that Mr. Vardo may wish to circulate a petition if he is strongly opposed and suggested he contact the Planning Director regarding the proper petition format. Councilman Mullen suggested that Mr. Vardo urge those opposed to the restaurant to attend the meeting and voice their objections. CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 76-7, SENIOR CITIZEN CENTER WITH WEEKLY BINGO GAMES AT CYPRESS SKATEWAY, 6143 BALL ROAD: Mayor Kanel opened the Public Hearing. Due to the complexity of this application and the involvement of other City departments, staff requested a continuance of this item in order to provide additional time to gather pertinent information. It was moved by Councilman Mullen and seconded by Councilman Partin to continue consideration of Amendment to Conditional Use Permit No. 76-7 to the Council meeting of November 25, 1985. The motion unanimously carried. B..ECE~S: Mayor Kanel called a recess at 9:20 p.m. and the meeting reconvened at 9:28 p.m. CONTINUATION OF CONSIDERATION OF REVISION OF LAND PARCEL CONSOLIDATION PROCEDURES: The Director of Public Works presented a staff report dated October 21, 1985. At the request of the Council, staff had researched the City's present requirements for consolidating small lots into larger, single parcels for development purposes. Since such actions fall within the purview of the State Subdivision Map Act and the City's Subdivision Ordinance, these are the sources governing any possible changes. The relevant sections are as follows: 1) Section 66451.11 of the Map Act provides a means by which parcels may be merged without preparing a map; 2) Section 66412 (c) of the Map Act allows for merging of parcels by a lot line adjustment; and 3) Section 25-18 of the City's Subdivision Ordinance specifically requires that the size or shape of any of the parcels involved may not be substantially changed by a lot line adjustment. Staff indicated that while it is conceivable that the Council could adopt ordinances to address the cited code sections with an intent to protect "small" developers, such actions are not recom mended. Staff recom mended that the Council reaffirm the adequacy of its present Subdivision Ordinance in assisting small developers to the extent practicable. Maym' Kanel reported that Councilman Coronado had earlier indicated a desire for continuance of this item until his return, but that if the Council supported staff's recommendation that would be fine. Mr. Steven Provenghi, 9291 Lexington Street, Cypress, of Mackintosh &. Mackintosh, Inc., Consulting Engineers, submitted a proposal regarding land parcel consolidation procedures with respect to 5292 and 5302 Bishop Street for Council consideration. Councilman Lacayo expressed his lack of support for the request due to the difficulty in keeping accurate records without a Parcel Map, therefore moved to receive and file the report. The motion was seconded by Councilman Mullen and unanimously carried. Councilman Lacayo suggested that the Public Works Director review the material submitted by Mr. Provenghi and return to Council if further discussion is warranted. In regard to Item No. 23-B, consideration of the Miss City of Cypress Beauty Queen Contest, the Mayor summarized the desires of the Council to produce a larger, upgraded pageant to -7 - City Council Minutes October 28, 1985 46a represent the City. The Mayor explained that one of the responsibilities of the Cultural Arts Commission would be to sponsor the pageant. He further explained that the Chamber of Commerce has expressed a desire to co-sponsor the pageant with the Commission. Mayor Kanel further suggested that this item be added to the Cultural Arts Commission Agenda and that staff contact the Chamber to confirm their desire to be a part of the pageant, which would be for the 1986 year. Councilman Lacayo stressed the need for a credible City-wide contest. He proposed that the Council choose a committee of two to work with staff and return with guidelines and policies clarifying the Council's intent in sanctioning the Miss City of Cypress pageant. Councilman Mullen indicated support to Councilman Lacayo's suggestion regarding a com mittee but explained that direction should be given to the Ct>amber and the Com mission so that they may return with guidelines for Council approval. Councilman Partin added that the contest should be affiliated, if possible, with State or National competition and requested that staff research the feasibility. Ned Fox, Executive Director of the [';hamber of Commerce, suggested that the number of people involved be somewhat limited to avoid chaos, and added that the pageant committee members should not be required to return to Council each time a decision must be made. Mr. Fox further suggested that the Chamber meet with the Cultural Arts Commission to establish proposed guidelines to present to Council for approval, as well as submitting monthly progress reports. Mayor Kanel volunteered to be on the committee and suggested that C;ouncilman Lacayo and himself attend a joint meeting with the Chamber of Commerce and the Cultural Arts Commission some time in January 1986. Discussion ensued regarding the feasibility of being affiliated with a larger, well-known contest. Councilman Mullen expressed his concern that Cypress is not large enough to be part of a contest such as Miss America. Council man Lacayo suggested that the Council move to formaUy express its intent to sanction this contest and recommended that staff return to the next [';ouncil meeting with a report. Mayor Kanel suggested that he and Councilman Lacayo meet with the Park and Recreation District, the Chamber of Commerce and staff to begin discussions. Councilman Partin suggested that instead of waiting for a report at the next meeting, that Council confirm its intent to sanction the pageant tonight. It was moved by Mayor Kanel and seconded by Councilman Partin to undertake a Miss City of Cypress pageant in conjunction with the Chamber of Commerce and the Cultural Arts Commission and that the Mayor and Councilman Lacayo meet to discuss the guidelines and return to Council with a report. The motion unanimously carried. Mayor Kanel reported for the record that Councilman Coronado had voiced support. CONSIDERATION OF CABLE ADVISORY TELEVISION COMMITTEE RECOMMENDATIONS: Assistant City Manager Dave Barrett presented a staff report dated October 22, 1985 outlining the two Cable Advisory Television Com mittee recommendations regarding the Ownership of Program Content and public access channel Limitations on Program Content guidelines. Mr. Barrett indicated that City staff and Copley/Colony staff support both policy statements as modified and adopted by the Committee at its meeting of October 10, 1985. Cheryl Roderiques, General Manager of Copley/Colony, was present in support of the policy statements and stated that she would submit them to the Rhode Island Corporate office with a recommendation for approval. It was moved by Councilman Mullen and seconded by Councilman Partin to adopt the policy statement on Ownership of Program Content and the policy guidelines on the Limitations on Program Content and to transmit both to Copley/Colony requesting their implementation. The motion carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado -8- 464 City Council Minutes October 28, 1985 Ms. Roderiques indicated that the Phase I turn on of the system will be delayed by about 5 or 6 days due to a computer problem and that she would contact the Council when the exact date is known. CONTINUATION OF CONSIDERATION OF A COMMUNICATION FROM COUNCILMAN IRV PICKLER OF THE CITY OF ANAHEIM REGARDING THE HAZARDOUS WASTE MANAGEMENT AUTHORITY: Hearing no objections, the Mayor continued this matter to the next meeting. CONSIDERATION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DESIGNATING A REDEVELOPMENT SURVEY AREA: Mr. Barrett indicated that he had an additional Resolution and report to distribute and called on the Planning Director to present a staff report dated October 23, 1985 for consideration of a Resolution designating a Redevelopment Survey Area which consisted of the Cypress Tank Farm. Subsequently, it was discovered that a 3.37-acre parcel adjacent to the Tank Farm at the southeast corner of Orange Avenue and Moody Street was inadvertently left out of the survey area. Therefore, staff recommended adoption of a Resolution to include this property in the Redevelopment Survey Area. Councilman Mullen questioned why the material from the consultant is being distributed so late, expressing the difficulty in acting on an item that has not been reviewed. The Planning Director explained that to gain the redevelopment benefits available, the Council must act at this time. Councilman Lacayo concurred with Councilman Lacayo and questioned how a decision is expected without review of the material and requested the City Attorney to brief the Council on the information. The [';ity Attorney explained that the time limits of the State have forced the urgency for approval and added that the material for Item No. 22, which would designate a Redevelopment Survey Area, is similar to that presented at the last meeting with the exception of the additional area. The added items, Nos. 22-A and 26, are additional actions to take place with regard to Redevelopment. No. 22-A, Consideration of Proposed Amendment No.1 to the Civic Center Redevelopment Project, would require that the City Council, acting as the Planning Agency, amend the boundaries of the Civic Center Redevelopment Project to include the Redevelopment Survey Area as designated by the previous resolution. In addition, it is also necessary for the Council, acting as the Planning Agency, to consider the Preliminary Redevelopment Plan. He further explained that if these actions are approved, the Council must adjourn and then reconvene as the Cypress Redevelopment Agency and accept the Preliminary Plan for the Civic Center Redevelopment Project as amended. The City Attorney concluded by stressing the importance of the strict time limits. Councilman Lacayo advised the staff to present the staff reports in a timely manner to enable adequate review and added that in the future, the items would not be considered at the time of distribution. Councilman Lacayo concluded by suggesting adoption of a policy that material distributed just prior to the meeting or during the meeting would automatically be continued. It was moved by Councilman Partin and seconded by Councilman Mullen, acting as the Planning Agency, to adopt the Resolution by title only, title as follows, designating a Redevelopment Survey Area. RESOLUTION NO. 3000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DESIGNATING A REDEVELOPMENT SURVEY AREA. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado CONSIDERATION OF PROPOSED AMENDMENT NUMBER ONE TO THE CIVIC CENTER REDEVELOPMENT PROJECT: The Planning Director presented a staff report dated October 28, 1985 representing the second action of three required to amend the boundaries of the Civic Center Redevelopment Project to include the Redevelopment Survey Area and consideration of the Preliminary Redevelopment Plan. -9- City Council Minutes October 28, 1985 465 It was moved by Councilman Mullen and seconded by Councilman Partin, acting as the Planning Agency, to adopt the Resolution by title only, title as follows, amending boundaries of the Civic Center Redevelopment Project and approve the preliminary plan for the redevelopment of the project as amended. RESOLUTION NO. 3001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACTING AS THE PLANNING AGENCY, AMENDING THE BOUNDARIES OF THE CIVIC CENTER REDEVELOPMENT PROJECT HEREIN DESCRIBED WITHIN THE REDEVELOPMENT SURVEY AND APPROVING A PRELIMINARY PLAN FOR THE REDEVELOPMENT OF THE PROJECT AREA AS AMENDED. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado In regard to Item No. 23-A, Consideration of a Resolution of Commendation to Mrs. Mildred Vessels, it was moved by Councilman Partin and seconded by Councilman Lacayo to adopt the Resolution by title only, title as follows. RESOLUTION NO. 3002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MRS. MILDRED VESSELS FOR OUTSTANDING COMMUNITY INVOLVEMENT, CITIZENSHIP, AND PARTICIPATION AND ACHIEVEMENT IN THE GROWTH OF THE QUARTER RACING INDUSTRY. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kane1 None Coronado SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADDING SECTION 2-2.22.1 TO 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 V ARIOUS CITY COMMISSIONS: It was moved by Councilman Lacayo and seconded by Councilman Partin to adopt the following Ordinance by title only, title as follows: ORDINANCE NO. 751 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTION 2-2.22.1 TO THE CODE OF THE CITY OF CYPRESS RELATING TO VACANCY ON VARIOUS COMMMISSIONS UPON THE FILING OF NOMINATION PAPERS FOR THE CITY COUNCIL ON BEHALF OF A MEMBER OF VARIOUS CITY COMMISSIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado RECREATION AND PARK DISTRICT MATTERS: The 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 EV AL U ATION: Hearing no objections, the Mayor continued this matter to the November 12 Council meeting. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 11779 - 12043: It was moved by Councilman Mullen and seconded by Councilman Lacayo to approve the Warrant List for Warrant Nos. 11779 - 12043, in the amount of $479,568.31. -10- Ci ty co4tpJi 1 Minutes October 28, 1985 The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado CYPRESS REDEVELOPMENT AGENCY: The City Council acting as the Redevelopment Agency. At 10:20 p.m., Mayor Kane1 recessed the regular meeting of the Cypress City Council and Chairman Kanel called the meeting of the Cypress Redevelopment Agency to order, which adjourned at 10:21 p.m. The regular meeting of the City Council reconvened at 10:21 p.m. City A ttorney Mark Huebsch indicated that the letter earlier distributed from his office is for review at Council's leisure to inform all concerned of the requirements of Section 33130 of the Health and Safety Code which prohibits the acquisition of a financial interest in a redevelopment project area, and requires the disclosure of any existing financial interest within the project area. Mr. Barrett requested a Closed Session for matters of litigation. CLOSED SESSION: At 10:22 p.m., Mayor Kanel called a Closed Session for matters of litigation and the meeting reconvened at 10:30 p.m. WRITTEN AND ORAL COMMUNICATIONS: None was presented. ADJOURNMENT: It was moved by Councilman Lacayo and seconded by Councilman Mullen to adjourn the meeting at 10:35 p.m. to Tuesday, November 12, 1985. ; I} t,/ ~ /~>-t;L-,1t\"\{1/ / MA YOR OF TH . CITY 0 CYPRESS ATTEST: CITY OF CYPRESS -11-