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Minutes 85-11-12 46'7 MINUTES OF THE MEETING OF THE CYPRESS CITY COUNCIL HELD November 12, 1985 The regular meeting of the Cypress City Council was called to order at 7:38 p.m., on Tuesday, November 12, 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 Manager; Mark Huebsch, City Attorney; and the following staff members: Barrett, Dalesandro, DeCarlo, Hurst, Jones and Lowenberg. PLEDGE OF ALLEGIANCE: Boy Scout Paul Lurett, Weblo Boy Scout Troop #548, 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. Mr. Bill Kumler, 5865 Rexford Avenue, expressed his objection to Copley/Colony's notification procedure regarding the installation of a CATV pedestal on his property. Assistant City Manager David Barrett indicated that Copley/Colony has proposed to install a flush mount where the present pedestal exists and at the location requested by the Kumlers, thereby creating a more favorable appearance. Mr. Barrett concluded by assuring Mr. Kumler' that the installation would take place as soon as possible. STAFF REPORTS AND DISCUSSION: Mayor Kanel asked for additions or corrections to the agenda. Councilman Mullen requested discussion on the Miss City of Cypress Beauty Contest, which the Mayor added as Item No. 32. Mayor KaIlel added the following items to the Agenda: Consideration of a $100 donation to the Explorer Scouts for their assistance in conducting the Stanton Channel Bicycle/Pedestrian Trail survey, which was added as Item No. 23-A; Consideration of a request from Mr. Lionel Rainville, 8812 Walker Street, for a driveway on l'\Talker Street from his property, which was added as 30-A; Consideration of a request from Casa de Bienvenidos for a $3,500 grant, which was added as Item No. 33; Consideration of a Resolution of Commendation for Otto Lacayo, which was added to the Consent Calendar as Item No. 23-B; and Presentation of a Proclamation to Fire Captain Ralph Titus, which, hearing no objections, was presented at this time. PRESENTATION TO FIRE CAPTAIN RALPH TITUS FOR HIS OUTSTANDING SERVICE AND DEDICATION TO THE COMMUNITY: Mayor Kanel presented a Proclamation to Fire Captain Ralph Titus in recognition of his dedication to his profession and congratulating him on receiving the Midway City American Legion's first annual "Fireman/Paramedic of the Year" award. Mr. Essex requested a Closed Session at the end of the meeting for personnel and litigation, which was added as Item No. 34. Mr. Essex questioned whether the Council wished to view a brief video highlighting the July 1985 Community Festival at this time to enable those present in the audience an opportunity to view it as well. Hearing no objections, Mayor Kanel directed staff to present the video. City Council Minutes November 12, 1985 468 CONTINUATION OF CONSIDERATION OF PARCEL MAP NO. 85-321, WARLAND INVESTMENTS, LTD., S/W K A TELLA A VENUE AND KNOTT STREET: The Mayor opened the Public Hearing and the City Manager reported that the applicant had again requested a continuance of this matter until the issues pertaining to the bike trail and berm have been resolved. It was moved by Councilman Mullen and seconded by Councilman Coronado to continue the Public Hearing regarding Parcel Map No. 85-321 to the Council meeting of December 9, 1985. Hearing no objections, the Mayor so ordered the continuance. CONTINUATION OF 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: Mayor Kane! opened the Public Hearing and Mr. Essex indicated that staff was unable to complete the discussions with the property owners and, therefore, requested a continuance to the November 25, 1985 CouncIl meeting. It was moved by Councilman Mullen and seconded by Councilman Partin to continue the Public Hearing regarding Specific Plan No. 85-1, General Plan Amendment No. 85-2, Zone Change No. 85-2, and Pinal Environmental Impact Report to November 25, 1985. Mayor Kanel, hearing no objections, so or.dered the continuance. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING HE: CONDITIONAL USE PERMIT NO. 85-26, RESTAURANT WITH ON SALE BEER AND WINE AT 4011 ORANGE AVENUE: The Mayor opened the Public Hearing and indicated that a letter was received from the applicant, Ms. Gloria Reyes, requesting a formal withdrawal of Conditional Use Permit No. 85-26, and a refund of the application fee of $450. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the Public Hearing and to accept the withdrawal of Conditional Use Permit No. 85-26 and to refund the application fee in the amount of $450. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL \1ElVlBE RS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. ROBERT ALLEN HARTZELL - STUDENT WORK PROGRAM: Mayor Kanel opened the Public Hearing and the City Manager summarized the staff report dated November 6, 1985, for a request from Mr. Robert Allen Hartzell, D.B.A. Student Work Program, 23441 Golden Springs, Suite 185, Daimond Bar, for a special permit to allow door-to-door solicitation by students, aged 14-18, for the sale of pre-packaged candies and cookies in the City of Cypress. In accordance with Section 15-60 of the [';ypress City Code, the Police Chief conducted an investigation and recommended denial. Mr. Robert Hartzell, 2103 Pine Hill, Diamond Bar, was present in support of approval and reported that all of the teens in his employ would be from the City of Cypress. In response to an inquiry from Mayor Kanel, Mr. Hartzell indicated that he has not seen a copy of the police report recommending deniFi1. Mayor Kanel expressed his concern over the ages of the kids selling door to door and the lack of adequate identification of the busir:e.;s name'1nd location. Mr. Hartzell explained that the Student Work Program only employs youth between 14 to 18 years of age and indicated that they carry proper identification stating the name, address and telephone number of the business. Councilman Coronado gave Mr. Hartzell a copy of the police report listing the reasons for the recommendation of denial and the Mliyor indicated that while he is reviewing the report, the Council would proceed to the next Puhlic Ih~aring. CONSIDERATION OF PUBLIC HEA RING RE: CONDITIONAL USE PERMIT NO. 85-27, OFFICE ADDITION, ST. IRENAEUS CHURCH, 5201 EVERGREEN AVENUE: Mayor Kanel opened the Public Hearing. Associate Planner Vern .Jones summarized the staff report dated November 4, 1985, for a request from John Bartlett Associates for St. Irenaeus Church, to allow construction of a two-story office addition containing approximately 3,175 square feet to an existing Rectory, located at 5201 Evel'gTeen A venue. The proposed addition is to be - 2.- City Council Minutes November 12, 1985 4 () ~f utilized as an office, which would provide space for counseling, meetings and other church related activities, and would allow the church to separate the offices from the sleeping quarters. The Planning Department recommended approval subject to conditions. Mr. Essex distributed a copy of a letter from Mr. Kenneth Leestma of 5112 Evergreen A venue in support of the proposed office addition. Father Joseph Nettekoven, 5201 Evergreen Avenue, indicated agreement to all conditions and was present to answer questions from the Council. He added that Mr. Bartlett, architect for the project, was also present to answer questions regarding the construction. There was no opposition to this request. It was moved by Councilman Coronado and seconded by Councilman Lacayo to "lose the Public Hearing and to adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 85-27 with conditions. RESOLUTION NO. 3003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-27 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None At this time Mayor Kanel announced that Public Hearing No.4, regarding the application for a special permit from Mr. Hartzell, would now continue. Mr. Hartzell indicated that the six reasons for recommendation for denial are incorrect, and stated that he has only been in the area for 6 weeks and does not have an office; does not advertise for help by posting notices on trees; does indeed contact kids at the high schools; and reiterated that he requires the kids to carry proper identification of self and the business, with a phone number indicating where he can be reached. Due to the negative Police report, Councilman Lacayo suggested a continuance of this hearing to enable Mr. Hartzell to meet with the Police Department to address the concerns listed in the report. It was moved by Councilman Lacayo and seconded by Councilman Mullen to continue the Public Hearing to November 25, 1985. Mayor Kanel so ordered it continued. Chief Lowenberg indicated that Sergeant Peterson would contact Mr. Hartzell. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-28, SIX- UNIT APARTMENT PROJECT WITH DENSITY BONUS ALLOWANCE, 5542 ORANGE A VENUE: Mayor Kanel opened the Public Hearing. Associate Planner Vern Jones presented a staff report dated November 1, 1985, for a request from Pete Volbeda to construct six two- story apartments with detached carports on a .295-acre site located at 5542 Orange Avenue. The property is rectangular in shape, fronts Orange Avenue and contains a single- family residence with the majority of the site being vacant. Each unit would consist of two bedrooms and one bathroom. The interiors would be identical in size and configuration, with each unit containing 880 square feet in area. The applicant also requested a density bonus allowance for the construction of one additional unit. Staff recommended approval subject to conditions. Councilman Lacayo indicated that prior to the meeting, Mr. Marzolf, who lives on the northeast corner of Orange and Walker, had requested Council consideration for a right turn only sign to be placed in front of the driveway to prevent potential traffic hazards. Assistant Public Works Director Frank Dalesandro indicated that the Traffic Commission should consider the request and forward a recommendation. Following brief discussion, Councilman Mullen suggested the addition of a condition that reads: "The City Council has the right to impose a right turn sign upon consideration of the recommendation of the Traffic Commission and the City Engineer." -3- City C<1Itpc{} I Minutes November 12, 1985 Mr. Pete Volbeba, 199 South Monte Vista, Suite 4, San Dimas, architect for the project, expressed agreement to the 26 conditions, as well as the additional condition suggested by Councilman Mullen. There was no opposition to this request. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the Public Hearing and to adopt the Resolution by title only, title as fOllows, approving Conditional Use Permit No. 85-28 subject to conditions, and including the additional condition suggested by Councilman Mullen. RESOLUTION NO. 3004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-28 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERATION OF PUBLIC HEARING RE: FORMATION OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1, SAID DISTRICT IS 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: Mayor Kanelopened the Public Hearing and the Assistant Public Works Director presented a staff report dated October 28, 1985 for consideration of the formation of Landscape Maintenance District No.1, located between Katella and Knott and the Stanton Channel and Valley View. Letters were sent to each owner of property within said District to notify them of the proposed formation of said District No.1; no communcations have been received. Staff recom mended approval. There was no opposition to this proposal. Councilman Partin inquired whether the assessment value could be adjusted up or down at a later time depending upon the requirement and Mr. Dalesandro responded in the affirmative. 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, ordering the formation of the Cypress Corporate Center Landscape Maintenance District No.1 pursuant to the Landscaping and Lighting Act of 1972. RESOLUTION NO. 3005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE FORMATION OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None Councilman Mullen stated for the record that although the hearing was considered quickly, the Council has studied this issue extensively. CONSIDERATION OF PUBLIC HEARING RE: FEDERAL HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION - 12TH YEAR: Mayor Kanel opened the Public Hearing and Planner Vern Jones summarized the staff report dated November 4, 1985 for consideration of Federal Housing and Community Development Block Grant Application to obtain funds for community improvement. This year's application is similar to those in previous years in that funds for public improvements and housing rehabilitation are being sought. There was no opposition to this application. -4- City Council Minutes 471 November 12, 1985 It was moved by Councilman Mullen and seconded by Councilman Coronado to close the Public Hearing and to adopt the Resolution by title only, title as follows, approving the City's participation in the 12th Year Housing and Community Development Block Grant Program with the County of Orange and to authorize the Mayor to sign the grant request on behalf of the City Council. RESOLUTION NO. 3006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY'S PARTICIPATION IN THE 12TH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None Mayor Kanel, hearing no objections, announced that Item No. 30-A, consideration of a request from Lionel Rainville, property owner on the east side of Walker Street, north of Vonnie Lane, for a driveway at 8812 Walker Street, would be heard at this time. Mr. Rainville, 8812 Walker Street, explained that because of the recent elimination of parking on Walker Street, he does not have a place to park close to his home. He indicated that the proposed driveway would enable him to park in front of his residence and turn around on his property, eliminating the need to back out of the driveway on to Walker. Councilman Lacayo suggested waiting until the Traffic Commission renders its decision at their meeting of November 19, before considering the request, adding that it is scheduled on the Com mission's agenda. Mr. Daleasandro indicated that the concerns of staff were that even though a turn around would be installed, there would be no assurance that the owner would use it; the granting of a driveway would set a precedent for potentially five additional driveways; and the turn-around would invite a public nuisance by easily allowing the resident to park vehicles in the front yard. Councilman Mullen concurred with Councilman Lacayo and indicated that he would like a report clarifying the plan, as well as the Traffic Commission recommendation prior to consideration. Mayor Kanel announced that this item would be heard by the COllncil following a report from the Traffic Commission. AWARD OF CONTRACTS: CONSIDERATION OF PURCHASE OF AN AERIAL LIFT TRUCK FOR TREE MAINTENANCE: Mr. Essex summarized a staff report dated November 4, 1985 for consideration of the purchase of an arterial lift truck to trim the City's street and park trees. Pac-Power, located in the City of Orange, has available an Altec AA600 demonstrator aerial unit with approximately 2,000 miles on it, which can be purchased for $65,334.45, plus $3,920.06 sales tax, for a total of $69,254.51. This compares favorably to the $72,964.52 list price of a new Altec AA600. This unit has been demonstrated to the City, and the staff was pleased with the operating characteristics of the unit. It was moved by Councilman Mullen and seconded by Councilman Lacayo to dispense with the regular bidding procedures and to authorize the purchase of the Altec AA600 aerial lift truck from Pac-Power, 2914 East Katella Avenue, Orange, in the amount of $69,254.51. The motion carried unanimously by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERA TION OF AWARD OF CONTRACT FOR PROFESSIONAL TRAFFIC ENGINEERING AND TRANSPORTATION SYSTEMS MANAGEMENT ACTIVITIES IN THE CYPRESS BUSINESS PARK: Mr. Essex presented the staff report dated November 1, 1985 from the Administrative Coordinating Team, outlining the three companies evaluated by the -5- City Council Minutes November 12, 1985 47~ Team to prepare an "action plan" for the Cypress Business Park. The plan is envisioned to consist of three phases which would culminate in a transportation systems management organization of Business Park tenants and owners and a financing mechanism enabling Business Park landowners to participate in traffic-mitigating capital improvements. The Team unanimously recommended award of contract to Basmaciyan-Darnell, Inc., in a joint venture with Al Hollinden. Mr. Hollinden, in response to a question, indicated that he would be the staff person working on the project and was present to answer questions from the Council. It was moved by Councilman Lacayo and seconded by Councilman Mullen to award the contract to Basmaciyan-Darnelll Al Hollinden for Phases I, II, and III of the Cypress Business Park Transportation Systems Management Plan, with Phase I compensation not to exceed $31,600.00; and to appropriate from the Fund Balance of the General Fund the alTlount of $31,600 to Account No. 4189-11-260.07. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None Councilman Mullen noted that one of the reasons this firm was chosen, although not the lowest cost proposal, was because of the extensive amount of work Mr. Hollinden has done in Orange County, adding that he is eminently qualified for this project. CONSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL PLANNING SERVICES FOR THE GENERAL PLAN UPDATE: Mr. Essex presented a staff report from the Administrative Coordinating Team dated November 4, 1985 for proposals to update four of the State mandated elements of the Cypress General Plan and an associated Environmental Impact Report. Five companies were chosen for an interview by the Team of which it was unanimously agreed that POD, Inc. would best provide the necessary services to the City. Councilman Coronado expressed concern over the vast differences in cost proposals between POD, Inc., at $27,780, and the other four firms all ranging from $40,000 and up, and questioned the quality of POD's work. Mr. Ernie Glover, of POD, Inc., briefly explained POD's qualifications and indicated that one of the ways that the firm controls cost is by the use of a reference E.I.R. data which saves a great deal of time. Councilman Partin expressed concern that the cost proposals may have influenced the decision for award of contract to POD. Councilman Coronado indicated agreement and reiterated his concern of the differences in cost proposals and the quality of the end product. It was moved by Councilman Mullen and seconded by Councilman Lacayo to award the contract to POD, Inc. for the Cypress General Plan Update and Environmental Impact Report; to authorize the Mayor and City Clerk to execute a formal agreement on behalf of the City with POD, Inc.; and authorize an appropriation from the General Fund balance of $27,780 to Account No. 4189-11-192.06. Considerable discussion continued regarding the qualifications of POD and Mr. Essex pointed out that four of the five bidders had the same sub-contractor. Mr. Essex assured the Council that the Team had thoroughly investigated this firm and found it to be superior, adding that in the past the staff has not been reluctant to recommend a higher cost proposal when the work was felt to be of better quality. Mr. Glover assured the Council that POD would do fin outstanding job on the project. The motion to award the contract to POD, Inc. unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None Councilman Mullen indicated that valid concerns have been raised and suggested that staff investigate the methods of consultant selection to be used in the future. -6- City Council Minutes November 12, 194~ a 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 Coronado and seconded by Councilman Mullen to approve Consent Calendar Item Nos. 12 - 23, and the added Item Nos. 23-A and 23-B. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None Item No. 12: Motion to Approve City Council Minutes of the Regular Meeting of October 28, 1985. Recommendation: That the City Council approve the Minutes of October 28, 1985 as submitted, with Councilman Coronado abstaining due to his absence at the meeting. 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 Claim Filed by Allstate Insurance Company For Their Insured, Pauline Harper. Recom mendation: Receive and file. Item No. 15: Consideration of Claim Filed by Fred R. Hunter, Attorney, On Behalf of Joyce Dalka. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Adjuster, Carl Warren & Company, for appropriate disposition. Item No. 16: Consideration of Claim Filed by General Telephone Company of California For Repair of Underground Facilities Located at 11669 Malden, Cypress. 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. 17: Consideration of Proclamation Calling Upon Citizens to Unite and Turn Lights On For Peace During the Geneva Summit Meeting on November 19 and 20, 1985. Recommendation: That the Mayor and City Council issue a Proclamation calling upon all citizens to light porchlights, candles or other lights from dusk to dawn on November 19 and 20, 1985, in a united display for world peace during the Geneva Summit meeting between President Reagan and General Secretary Gorbachev. Item No. 18: Consideration of Claim Filed by Richard and Ruth Cavanaugh. Recommendation: That the City Council officially reject the subject claim and refer it to the City Attorney for appropriate disposition. Item No. 19: Consideration of Proclaiming November 15, 16, and 17, 1985, as "Childrenfs Expo Weekend". Recommendation: That the Mayor and City Council officially proclaim November 15, 16, and 17, 1985, as "Children's Expo Weekend" in the City of Cypress. Item No. 20: Consideration of an Application for Alcoholic Beverage License Transfer Filed by James L. & Shirley D. Hubbard, D.B.A. Jim's Liquor Mart, 4991 Orange Avenue, Cypress. Recommendation: Receive and file. Item No. 21: Consideration of an Application for Acoholic Beverage License Transfer Filed by Sukhwinder K. Gill, D.B.A. Khalsa Liquor, 6271 Ball Road, Cypress. Recommendation: Receive and file. -7 - 474 City Council Minutes November 12, 1985 Item No. 22: Consideration of Acceptance of the Construction of Women's Locker-Lounge at the City Maintenance Yard, 5285 Cypress Street, City of Cypress Project No. 8508-90. Recommendation: That the City Council 1) Approve the contract change from the original contract award to McDonald Construction of $26,061.00 to the final cost of $27,099.51; 2) Accept the Women's Locker-Lounge at the City Maintenance Yard, 5285 Cypress Street, Project No. 8508-90, as being satisfactorily completed in accordance with the Plans and Specifications; and 3) Authorize the City Clerk to release the Labor and Material 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 or workmanship become evident. Item No. 23: Consideration of Adoption of Resolution Endorsing the "Fair Responsibility Act of 1986". Recommendation: That the City Council adopt the Resolution by title only, title as follows, endorsing the "Fair Responsibility Act of 1986". RESOLUTION NO. 3007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENDORSING THE "FAIR RESPONSIBILITY ACT OF 1986". Item No. 23-A: Consideration of a $100 Donation to the Explorer Scouts for Their Efforts in Conducting a Council Requested 48-Hour Survey of the Stanton Channel Bicycle/Pedestrian Trail. Recommendation: That the City Council approve the donation to the Explorer Scouts for their efforts and appropriate from the Fund Balance of the General Fund the amount of $100.00 to Account No. 4163-11-117.02. Item No. 23-B: Consideration of Adoption of a Pesolution of Commendation for Councilman Otto Lacayo for His 15 Years of Dedicated Service on the City Council and for His Participation and Achievements on Behalf of Cypress. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Councilman Otto Lacayo. RESOLUTION NO. 3008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING OTTO J. LACAYO FOR HIS 15 YEARS OF DEDICATED SERVICE ON THE CITY COUNCIL AND FOR HIS PARTICIPATION AND ACHIEVEMENTS ON BEHALF OF CYPRESS WHICH HAVE RESULTED IN THE RECOGNITION OF CYPRESS BEING A LEADING COMMUNITY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. Mayor Kanel, hearing no objections, announced that Item No. 28, Stanton Channel Trail Opinion Survey Data, would be heard at this time. CONSIDERATION OF ANALYSIS OF STANTON CHANNEL TRAIL OPINION SURVEY DATA: The City Manager presented the staff report dated November 4, 1985 summarizing the results of the opinion survey questionnaires mailed to approximately 1,120 Cypress residents adjacent to, or in the area surrounding, the Stanton Storm Channel trail. The survey allowed respondents to rate seven options regarding the future disposition of the trail. Based on the returned questionnaires, the overall highest priority was to leave the trail as it presently exists on the south side of the Channel with the second highest being to close the entire existing trail along the south side of the Channel. The responses to the opinion survey indicated a wide variety of priorities among City residents. Staff indicated that the overall interpretation of the data is, therefore, somewhat subjective, with no clear overall direction. Mr. Lloyd Hexem, 6171 Barbados, was present to suggest that the industrial owners be assessed for moving the trail to the north. Mayor Kanel indicated that it would be impossible to impose additional requirements to the present industrial property owners. Mr. Hexem suggested that those residents who responded to the questionnaire, be apprised of the results. Councilman Lacayo suggested informing the residents of the results by including them in the Newsletter. -8- City Council Minutes November 12, 198~ 75 Mr. Hexem indicated that after reviewing the results of the survey, many residents may wish to submit their input. It was'moved by Councilman Lacayo and seconded by Councilman Mullen to table this issue until such time as additional information is received. The motion unanimously carried, 5-0. DEFERRED BUSINESS: CONTINUATION OF CONSIDERATION OF A COMMUNICATION FROM COUNCILMAN IRV PICKLER OF THE CITY OF ANAHEIM, REGARDING THE HAZARDOUS WASTE MANAGEMENT AUTHORITY: Hearing no objections, Mayor Kanel tabled this item. CONSIDERATION OF UPDATE ON CONDITIONAL USE PERMIT NO. 82-18, RECREATIONAL VEHICLE STORAGE YARD, HYATT DIE CAST &. ENGINEET:ING CORPORATION, 4656 LINCOLN A VENUE: An informational staff report was presented dated November 5, 1985, summarizing staff's inspection of Hyatt Die Cast and Engineering Corporation for compliance with the violations of Conditional Use Permit No. 82-18, Recreational Vehicle Storage Yard, determined at the Council meeting of August 26, 1985. It was moved by Councilman Lacayo and seconded by Councilman Mullen to receive and file the report. The motion carried unanimously with all aye votes. CONSIDERATION OF LANDMARK PALM TREES - 9670 AND 9752 WALKER STREET: A staff report dated November 6, 1985 was presented regarding staff review of landmark trees located at 9670 and 9752 Walker Street. Bowers Homeowners Association had transmitted a communication to staff requesting the removal of the palm trees because of the potential health and safety haza.rd, as well as the appearance of rodent infestation. An independent evaluation by a professional tree specialist advised that one tree was considered to be diseased and was recommended to be removed; the other was found to be sound. Mayor Kanel indicated that he and Councilman Partin had looked at one tree and agreed that it did appear in poor condition. Mayor Kanel added that if the tree company is going to remove the one tree that they should remove them both at the same time. It was moved by Councilman Lacayo and seconded by Councilman Mullen to authorize the removal of both landmark trees located at 9670 and 9752 Walker Street. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERATION OF ADOPTION OF THE HAZARDOUS MATERIALS DISCLOSURE ORDINANCE: The City Manager presented a staff report dated November 6, 1985 requesting consideration of adoption of the Hazardous Materials Disclosure Ordinance. The City Manager has been working with the Orange County Fire Department in the development of this Ordinance which would be implemented and enforced by the Orange County Fire Department. A model Ordinance has been developed which is also being considered for adoption by cities that are not under contract to the Orange County Fire Department. Mr. Essex recommended that the model Ordinance be submitted to the City Attorney to prepare a final draft for consideration at the Council meeting of November 25. Councilman Coronado expressed concern regarding potential lethal vaporous clouds that would be expelled should an earthquake the magnitude of Mexico City hit the Long Beach area. He indicated that he would like the lethal vapors and an emergency evacuation plan addressed. Chief Lowenberg indicated that the Cypress Police Department has made arrangements through the Orange County Fire Department with the Long Beach Fire Department to coordinate an emergency evacuation plan in connection with the escape of vaporous gases. Councilman Coronado expressed concern that should a big disaster happen, the schools would detain the students. Chief Lowenberg indicated that the City is also working with the schools regarding an emergency plan and would contact the schools to find out when the last emergency exercise was held. Mayor Kanel requested that an emergency plan be submitted to the Council specifically addressing potential vaporous hazards. -9- City ~~il Minutes November 12, 1985 It was moved by Councilman Lacayo and seconded by Councilman Mullen to direct staff to submit the model Ordinance to the City Attorney to prepare a final draft which will be considered for a first reading at the Council meeting of November 25, 1985. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERA TION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 12044 - 12276: It was moved by Councilman Mullen and seconded by Councilman Lacayo to approve the Warrant List for Warrant Nos. 12044 - 12276, in the amount of $587,202.81. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None Mayor Kanel indicated that Item No. 31 would be heard at this time. 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: A staff report was presented dated November 5,1985 for consideration of the Cypress Community Country Festival evaluation. Staff met with Mayor Kanel and Mayor Pro-tem Lacayo and the 5K/I0K Run Committee Chairman Tony Nieto, to discuss the possibility of funding a college scholarship fund from the annual 5K/10K run revenues. It was moved by Councilman Mullen and seconded by Councilman Lacayo, acting as the ex- officio governing Board of Directors for the Cypress Recreation and Park District, to appropriate $1,000 from the General Fund to Account No. 4163-12-303.10 to be used for the City of Cypress 5K/I0K College Scholarship Fund as established by the 5K/lOK Run Committee. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None In regard to Item No. 32, Councilman Mullen indicated that he had talked to Martin Figoten and asked him if he would meet with the Council to attempt to resolve the present conflicts involved in the Miss Cypress Beauty Pageant. Councilman Mullen briefed Mr. Figoten on the plans for the 1986 Miss City of Cypress Beauty Pageant and explained the reasons why the City is getting involved. Considerable discussion continued with Councilman Mullen suggesting that the Council meet one half hour earlier at their next Council meeting to meet with Mr. Figoten. Mayor Kanel suggested that Mr. Figoten meet with the Committee established which consists of himself, Councilman Lacayo and Mr. DeCarlo. Councilman Mullen expressed his desire to attend the meeting, as well. Mayor Kanel, hearing no objections, indicated that a meeting with Mr. Figoten would take place within the next ten days with two Council members in attendance. In regard to Item No. 33, Mayor Kanel indicated that a communication had been received from Casa de Bienvenidos Youth Shelter requesting Council consideration of a $3,500 grant to assist Casa de Bienvenidos in providing emergency shelter for runaway and homeless youth. Chief Lowenberg indicated that he is on the Board of Casa de Bienvenidos and assured the Council that it is a worthwhile organization that has housed a number of Cypress youths. It was moved by Councilman Partin and seconded by Councilman Lacayo to appropriate $3,500 from the Fund Balance of the General Fund to Account No. 4163-11-117.02, for Casa de Bienvenidos. The motion unanimously carried by the following roll call vote: -10- City Council Minutes November 12, 1985 4~(7 A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERATION OF CITY COUNCIL REORGANIZATION: Mr. Essex presented the staff report dated November 6, 1985. Mayor Kanel and Mayor Pro-tem Lacayo resigned their respective offices and the gavel was passed to the City Clerk, who stated that since the offices of Mayor and Mayor Pro-tern had been vacated, in his official capacity as City Clerk it was his duty to call for nominations for the office of Mayor. Councilman Kanel stated that he would place in nomination Councilman Otto Lacayo, and it was seconded by Councilman Coronado. Councilman Kanel moved to close the nominations and to declare a unanimous ballot for Councilman Lacayo as Mayor. The motion unanimously carried. The gavel was turned over to Mayor Lacayo, who stated his appreciation of the confidence shown by the entire City Council. Mayor Lacayo then asked for nominations for Mayor Pro-tern. Councilman Coronado placed in nomination Councilman Gerald Mullen and it was seconded by Councilman Partin. Councilman Kanel moved to close the nomination and Mayor Lacayo declared Councilman Mullen Mayor Pro-tern by acclamation. Mayor Lacayo presented Councilman John Kanel with a Mayor's plaque expressing the Council's appreciation on a job well done. The Council each commended Councilman Kanel. Mr. Essex presented Mayor Lacayo and Councilman Kanel with 15-year City of Cypress service pins. CLOSED SESSION: At 10:12 p.m., Mayor Lacayo called a closed session for matters of personnel and litigation and the meeting resumed at 10:55 p.m. ADJOURNMENT: It was moved by Councilman Coronado and seconded by Councilman Kanel to adjourn the meeting at 10:55 p.m. ATTEST: 1 CITY cCLf~K'~ ~it~fr() OF CYPRESS -11-