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Minutes 85-12-09 490 MINUTES OF THE MEETING OF THE CYPRESS CITY COUNCIL HELD December 9, 1985 The regular meeting of the Cypress City Council was called to order at 7:34 p.m., on Monday, December 9, 1985, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: ABSENT: Council Members Coronado, Kanel, Mullen, Partin and Lacayo None Also present were Darrell Essex, City Manager; Mark Huebsch, City Attorney; and the following staff members: Barrett, Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg. PLEDGE OF ALLEGIANCE: Assistant City Manager David Barrett led the Pledge to the Flag. ORAL COMMUNICATIONS: Mayor Lacayo asked if anyone wished to speak on any item that was not on the agenda. No one wished to speak. STAFF REPORTS AND DISCUSSIONS: Mr. Essex requested the addition of consideration of a Resolution of the Cypress Redevelopment Agency approving the acquisition of real property, which was added as Item No. 41; "nd [l Closed Session for litigation at the end of the meeting. Councilman Coronado requested discussion regarding the triangular piece of property located at the corner of Cerritos Avenue and Valley View Street, which the Mayor added as Item No. 42. Mr. Essex asked that Item No. 28 be removed from the Consent Calendar and placed as Item No. 43 for Redevelopment Agency action. Councilman Coronado announced that a performance held in the Blarney Stone Theatre at Kennedy High School on Thursday, December 12, would be dedicated to the Cypress City Council in appreciation of the donation approved by the Council at the November 25 Council meeting. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 85- 321, WARLAND INVESTMENTS, LTD., SOUTHWEST CORNER OF KNOTT STREET AND KATELLA AVENUE: Mayor Lacayo opened the public hearing and announced that the applicant has again requested that this item be continued until the issues pertaining to the paved bike trail and berm are resolved. Mayor Lacayo, hearing no objections, so ordered the consideration of Parcel Map No. 85-321 continued to the meeting of February 10, 1986. CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. DANNY TERRELL LEWIS, D.B.A. INDEPENDENT CURB PAINTER: The Mayor opened the public hearing and Mr. Essex presented a staff report dated December 4, 1985, for a request from Mr. Danny Terrell Lewis, D.B.A. Independent Curb Painter, 3054 Easy Avenue, Long Beach, to allow door-to-door solicitation for painting address numbers on street curbs in the city. The Police Department's report was negative and, therefore, the City Attorney requested that discussion on that report not be discussed during the public hearing, but rather in a closed session. The applicant was not present, and therefore, Mayor Lacayo recommended a continuance. Mr. Joel Rehagen, 5303 Vista del Sol, asked why the police report would not be public information and the Mayor indicated that the rights of the applicant must be protected. It was moved by Councilman Mullen and seconded by Councilman Partin to close the public hearing and to deny the special permit based on the determination that it would comport with the peace, health, safety, convenience, good morals and general welfare of the public. The motion unanimously carried by the following roll call vote: 49J A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 85-423, 5292 AND 5302 BISHOP STREET: Mayor Lacayo opened the public hearing and the Planning Director summarized the staff report dated November 25, 1985, for a request from Steven Provenghi to consolidate two parcels into one for the purpose of constructing apartments at 5292 and 5302 Bishop Street, in the RM-20 Residential Multiple-Family Zone. In order to proceed with construction of the apartment project, the applicant was requesting consideration of the subject parcel map, in compliance with the conditions of approval of Conditional Use Permit No. 85-11. Staff recommended approval subject to conditions. Mr. Steven Provenghi, 9291 Lexington Street, Cypress, was present in support, but did not wish to add any comments. Mr. Edward Huebler', 5293 Vista del Sol, questioned whether the concern addressed at the meeting of June 10, regarding adequate screening for privacy, has been resolved. The Planning Director clarified that the conditions imposed would protect the privacy of those adjacent residents. There was no opposition to this request. 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 Parcel Map No. 85-423, subject to conditions. RESOLUTION NO. 3022 '" t, ;:SOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ,\ PPROVING PARCEL MAP NO. 85-423 - WITH CONDITIONS. The motion una.nimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 85-425, WARLAND INVESTMENTS, LTD., GATEWAY DRIVE, EAST OF VALLEY VIEW STREET: Mayor Lacayo opened the public hearing and the Planning Director reported that the applicant has requested a continuance to the meeting of January 13, 1986. Mayor Lacayo, hearing no objections, so ordered consideration of Parcel Map No 85-425 continued to the Council meeting of January 13, 1986. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-30 AND PARCEL MAP NO. 85-426, 26 APARTMENT UNITS AND DENSITY BONUS ALLOWANCE AT 6322-6340 ORANGE A VENUE: The Mayor opened the public hearing and the Planning Director indicated that the applicant has requested that the project be approved at the recommended density of 23-units as opposed to the original request of 26 for the construction of apartment units at 6322-6340 Orange Avenue, and that at the time of design review it would return to Council. Ms. Beverly Jackson, 5560 Emerywood, Buena Park, owner of the property, indicated that there was a misunderstanding and that she did wish to proceed with the request for the 26- units. Mayor Lacayo urged Ms. Jackson to carefully consider whether she wished to proceed with the request for 26-units, since staff is recommending denial. Councilman Partin added that if denied, it would be one year before the Council would reconsider the request. Ms. Jackson requested a few minutes to confer with her architect, and Mayor Lacayo, hearing no objections, granted the request and proceeded to the next agenda item. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-31 AND PARCEL MAP NO. 85-428, FIRST SOUTHERN BAPTIST CHURCH, 9131 WATSON STREET: Mayor Lacayo opened the public hearing and the Planning Director summarized the staff report dated November 27, 1985 for a request from Pastor Michael Wilson, of First Southern Baptist Church, to consolidate three parcels into one; construct a parsonage/single-family residence in conjunction with the existing First Southern Baptist Church by granting a -2- 492 City Council Minutes Decemb~r 9, 1985 Conditional Use Permit; and to remove the existing nonconforming status of the Church, which is lacking a Conditional Use Permit, concerning property located at 9131 Watson Street, in the Residential Single-Family zone. The subject site is unique in that two of the three parcels are legally landlocked and thus are also nonconforming. However, the applicant has requested that the church not be required to consolidate the three parcels, since he had not been advised of the difficulty of obtaining financing for the new house if the site was joined to the church property. Staff also was unaware that the rear parcel had never legally been separated from the original parcel, which fronts Bishop Street, but was simply deeded from one property owner to the other. It was revealed that the applicant could not legally grant an easement to themselves, as owners of all three parcels. Therefore, the only remaining alternative was to require parcelization of the lots to provide street access and remove the nonconforming status. Once parcelized, however, the proposed project must be processed as a CUP to remove the nonconforming status of the church and allow construction of the parsonage as an accessory structure. Since the applicant had never returned the signed agreement to the Design Review Committee's conditions of approval within the prescribed time frame, he was advised that the Design Review approval was void and he would have to file the appropriate parcel map and conditional use permit applications. Staff recommended approval subject to conditions. The Planning Director further indictated that the applicant is requesting a refund and waiver of fees associated with the processing and development of the proposed project, due to numerous delays, which the applicant attributes to the City. Councilman Mullen suggested that the Council consider the Conditional Use Permit and Parcel Map first, and then, if approved, consider the fees. Michael Wilson, Pastor, First Baptist Church, 1834 E. Diana, Anaheim, and Mr. Jerry Shumard, Chairman of the Board of Trustees, 9572 Salisbury Lane, Cypress, were present in support of the request. Mr. Wilson explained that in the past he was unclear as to why the lots were required to be consolidated. Ms. Eynon clarified that the parcel proposed for development was never legally split off; it had been purchased and the deed had been changed, but it was not a legal parcel. The State Subdivision Map Act does not permit development under these circumstances. Additionally, Ms. Eynon indicated then when the parcel map from the County was pulled for the property at which the pastor's office is located, it was found that one of the conditions of approval noted on the permit was that it be consolidated with the Church should any construction take place. Mr. Wilson indicated that he was unaware that the property was illegally split or that a condition had been recorded on the adjacent parcel which effectively precluded the access easement originally envisioned as a solution to the landlocked situation. He further added that the Church meets the conditions of the Subdivision Map Act and that the parcel is legal, although non-conforming. The City Attorney explained that the City is an enforcement agency to enforce the Map Act and added that the Church does not meet the conditions of the Subdivision Map Act. He added that if additional information is required, the Council may wish to continue the hearing. In response to Mayor Lacayo's inquiry, Pastor Wilson indicated that the Church may be responsible for as much as $14,000 in fees prior to beginning construction. Mr. Joel Rehagen, 5303 Vista del Sol, asked for clarification regarding why the City has not enforced the Subdivision Map Act until this time and Mr. Essex informed him that it is triggered by the request for development. Martha Justice, 9632 Salisbury Lane, Cypress, questioned why mail is delivered if the parcels are landlocked. Mayor Lacayo clarified that it is landlocked because legal access is lacking, but indicated that the mail can still be delivered. Pastor Wilson requested the following considerations: 1) Approval to proceed with construction when the tentative parcel map is approved by the City rather than waiting until the final map is recorded; 2) waiver of Parcel Map and Conditional Use Permit fees; and 3) waiver of the underground power line requirement. Mr. Ed Huebler, 5293 Vista del Sol, questioned who is responsible for maintaining the wall on the west side of the property running north/south and expressed his concern regarding the increased traffic and the security of the adjacent residential area. Mr. Steven Provenghi, 9291 Lexington Street, Cypress, indicated that the use of Covenants -3- City Council Minutes De c emb e r 9, 198.J 93 and Agreements would help the owner in this case. Patricia Fayogle, 5572 Danny Avenue, Cypress, asked for clarification regarding the consolidation of the property. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Coronado to close the public hearing and to adopt the Resolutions by titles only, titles as follow, approving Conditional Use Permit No. 85-31 and Parcel Map No. 85-428, subject to conditions, with the drainage fees to apply only to the parcel being developed, fees of which may be paid over a five year period. Mr. Beardsley questioned whether the Council wished to delete the last sentence in Condition No.1 of Exhibit "A" which states that the parcel map shall be recorded prior to issuance of Building Department permits. Councilman Partin suggested changing it to an Occupancy Permit which allows 4-6 months. Mr. Beardsley indicated that they receive vesting rights by starting construction before the map is recorded. Mr. Essex suggested that the vesting rights be waived as a part of the condition. Mr. Wilson indicated his agreement that he would waive his vested rights for the record. Mr. Beardsley requested that the Council make a finding prohibiting a precedent being set. The Mayor indicated that it is a unique situation due to the hardships created by the delays. The City Attorney recommended the following wording for Condition No.1: "The applicant agcees that he shall not acquire a vested right by virtue of obtaining a permit and making substantial improvements and incurring substantial liabilities". Mr. Beardsley recommended that Condition No.5 be reworded as follows: "The service from the nearest power pole would be performed underground, however, removal of the power poles on sit':' ',iauld be exempt for the purpose of this Conditional Use Permit". Both Co,_"eiLi".il Kanel and Councilman Coronado agreed to amend their motion to include the modification of Condition Nos. 1 and 5 recommended by the City Attorney and Public Works Director and to adopt the Resolutions by title only, title as follows, approving the Conditional Use Permit and the Parcel Map, subject to conditions, with the drainage fees to apply only to the parcel being developed, fees of which may be paid over a five year period. RESOLUTION NO. 3023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-31 - WITH CONDITIONS. RESOLUTION NO. 3024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL MAP NO. 85-428 - 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, Kanel, Mullen, Partin and Lacayo None None Pastor Wilson requested a refund of the Conditional Use Permit fees, as well as the Parcel Map fees. It was moved by Councilman Kanel and seconded by Councilman Mullen to refund the fees associated with the Conditional Use Permit and the Parcel Map. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None RECESS: Mayor Lacayo called a recess at 8:55 p.m., and the meeting reconvened at 9:04 p.m. with all Council members present. The Mayor announced that at this time the public hearing for Conditional Use Permit No. 85- 30 and Parcel Map No. 85-426 would continue and requested that the applicant come forward. Ms. Beverly Jackson, 5560 Emerywood, Buena Park, revised her request for 26-units to the recommended density of 23-units, for property located at 6322-6340 Orange Avenue. -4- 49~i ty Counci 1 Minutes December 9, 1985 The Planning Director summarized the applicable sections of the staff report dated December 3, 1985, that would apply to the amended request from California Castles, Inc., 401 North Brookhurst, Suite 108, Anaheim, for the construction of twenty-three apartment units on a .96 acre site, which includes a four-unit density bonus allowance. She indicated that since this request has been reduced from 26 units to 23, the variance to reduce the required landscaped open space area and landscaped area between parking spaces and structures would not be necessary. Ms. Eynon indicated that she would defer from reviewing the site plan and statistical information due to the changes, and added that the conditions would remain the same. Staff recommended approval of the twenty-three units. Ms. Jackson spoke in support of approval subject to approval of the Design Review Committee's review. She requested the following changes to the conditions: Deletion of the requirement of the eight-foot wide sidewalk to be constructed across the Southern Pacific Railroad right-of-way to join the existing sidewalk at the east side of Juanita Street, which is Condition No.3 on Exhibit A; and that the required six-foot high block wall required to be constructed along the east and southeast property line, Condition No.2 in Exhibit B, be constructed of redwood. She asked for clarificiation of why she is responsible for constructing a sidewalk on property she does not own and indicated that she would like a redwood fence along the back to enable potential future growth. Mr. Leo Burke, 9250 Ronald Drive, questioned the distance from the construction of the apartments to the block wall. Ms. Eynon responded that from Juanita Street to the project would be aproximately 300 feet. She indicated that the block wall is required for safety and security and Mr. Beardsley urged that the sidewalk be required. Mayor LacfjVo suggested that a bond be posted that would require the installation of the sidewaJkwhen the other side is developed, thereby sharing the cost between the two property owners. Mr. Beardsley indicated that the cost of the sidewalk would be approximately $1,000 and that posting a bond may be more costly. Councilman Mullen indicated that in protecting the interests of the citizens, he would not support a delay in the construction of the sidewalk. Following discussion, Ms. Jackson agreed to install the sidewalk as per Condition No.3 on Exhibit A and construct a block wall fence as indicated in Condition No.2 of Exhibit B. It was moved by Councilman Mullen and seconded by Councilman Kanel to close the public hearing and adopt the Resolutions by title only, title as follows, approving Conditional Use Permit No. 85-30 and Parcel Map No. 85-426 for 19 units plus 4 density bonus units, subject to all conditions listed in Exhibits A and B. RESOLUTION NO. 3025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-30 - WITH CONDITIONS. RESOLUTION NO. 3026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL MAP NO. 85-426 - 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, Kanel, Mullen, Partin and Lacayo None None AWARD OF CONTRACTS: CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR THE RE- ROOFING OF THE EAST AND WEST WINGS OF THE ADMINISTRATION BUILDING, RE- SATURATING THE ROOF OF THE MAIN BUILDING AT THE MAINTENANCE YARD, AND MISCELLANEOUS ROOF REPAIRS AT THE COMMUNITY CENTER, CITY OF CYPRESS PROJECT NO. 8520-90: This item was continued from the November 25 Council meeting to enable further research by staff regarding their recommendation that award of contract be given to the second lowest bidder, A & C Construction Company, due to the lowest bidder, J. -5- City Council Minutes December 9, 19849. r- .J A. Dillingham Roofing, Inc.'s bid not meeting specifications. Mr. Beardsley reported that staff had met with the Dillingham Company, the Garland Company and Tremco. He indicated that staff is satisfied with Dillingham's experience and the references supplied. However, materials supplied by the Garland Company do not meet Class A Fire Rating specifications, without the use of an insulation board, which staff prefers not to use. He concluded by indicating that the roofing material supplied by Tremco is superior to that of the Garland Company, and recommended award of contract to A & C Construction. Mr. Richard Salyer, 8485 E. Florence, Downey, counsel for the .T. A. Dillingham Company, reported that the Garland Company would send their product to a testing lab to insure a Class A Fire Rating. Mr. Beardsley interjected that the process could take months, but Mr. Salyer indicated that the testing should be completed within five weeks. Mr. Bob Myers, Tremco representative, 3060 E. 44th Street, Vernon, warned of potential liability if the roof is not Class A rated and indicated that their roofing materials are rated Class A by U .L. Testing Laboratories as required in the bid specifications. Mr. Myers indicated that Tremco provides a 10/10 guarantee and compared the Tremco materials to the Garland Company's. Mr. Bill Phiffer, Garland Company representative, spoke in support of the Company's roofing products and explained the difficulty of obtaining ratings when each configuration is different. Mr. Mike McVay, Sr. Consultant for Tremco, indicated that the Tremco products are superior to the Garland Company's, and answered questions from the Council. Discussion continued regarding a continuance of this item to enable the Garland Company to have their products tested. Mr. Beardsley f'eiterated staff's recommendation and added that the Dillingham Company did not meet the specifications at the time of bid and still do not, and therefore, stood behind staff's initial recommendation for award of contract to A & C. Mr. Beardsley indicated that one alternative would be to reject all bids and readvertise for the project. Councilmen Mullen and Partin concurred that the Dillingham Company did not meet the specifications required in the bid. Councilman Coronado added that it would be worthwhile to rebid the project to possibly save $17,000. It was moved by Councilman Kanel and seconded by Councilman Coronado to reject all bids and authorize staff to readvertise for the award of contract for the re-roofing of the east and west wings of the Administration Building, re-saturating the roof of the Main Building at the Maintenance Yard, and miscellaneous roof repairs at the Community Center. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None Mayor Lacayo indicated that Item No. 31 would be heard at this time. CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 85-28, CHIEF AUTO PARTS STORE, 5441-71 LINCOLN AVENUE: Planning Director Chris Eynon summarized the staff report dated December 2, 1985, for a request to construct a one-story Chief Auto Parts Store at the northwest corner of Lincoln Avenue and Walker Street. Currently, a Chief Auto Parts Store is located in the commercial center directly across Lincoln Avenue from the subject site. The applicant is planning to relocate this store to the proposed location. At the time of Parcel Map No. 85-347 approval, Council had expressed concerns regarding the design of the proposed project and requested that Design Review Committee No. 85-28 be submitted to Council as an informational item. Fred Ensinitis, 1345 S. Diamond Bar Boulevard, Diamond Bar, representative for Chief Auto Parts, spoke in support of approval. It was moved by Councilman Mullen and seconded by Councilman Partin to receive and file the report. The motion carried unanimously. CONSIDERATION OF BIDS FOR ANNUAL CONTRACT TO FURNISH ASPHALT FOR STREET REPAIRS: Public Works Director Robert Beardsley presented a staff report dated December 2, 1985, summarizing the two bids that were received for the annual contract to furnish asphalt for street repairs. An actual field study was conducted to determine driving -6- 496 City Council Minutes December 9, 1985 and loading times, and it was found that, even though Sully Miller was the low bidder, it would be more economically feasible to award the contract to All American due to the location of the Sully Miller plant. It was moved by Councilman Mullen and seconded by Councilman Partin to award the contract for asphalt material to All American Asphalt, 932 Town &. Country Road, Orange, in the amount of $26.00 per ton through December 8, 1986. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None CONSIDERATION OF AWARD OF CONTRACT FOR THE RENOVATION OF ARNOLD/CYPRESS PARK RESTROOM - PROJECT NO. 8542-90: Recreation and Parks Director, Marvin DeCarlo summarized the staff report dated December 4, 1985, outlining the six bids received for the renovation of the restroom at Arnold/Cypress Park. Staff recommended approval of Proposal No.1, (which includes the addition of a snack bar and storage room renovation), to the low bidder. Councilman Coronado expressed concern over the location of the storage facility and the possibilities of burglaries and vandalism. Mr. DeCarlo indicated that the storage room would have one entrance door and it would be constructed of steel. It was moved by Councilman Mullen and seconded by Councilman Coronado to award the contract for the renovation of Arnold/Cypress Park restrooms to Modern Construction Company, 5324 Rome Avenue, Cypress, per Proposal No.1, in the amount of $84,500. The motion unanimously carried by the following roll call vote: AYK~. NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None CONSENT CALENDAR: All matters listed under "Consent Calendar" were considered by the City Council as routine and enacted by one motion approving the recommendations listed on the Agenda. Councilman Mullen clarified that in the minutes of November 25, 1985, Page 6, Paragraph 3, it should be noted that the 10-year guarantee on the roofing materials by the Garland Company also includes the roofing installation. It was moved by Councilman Mullen and seconded by Councilman Partin to approve Consent Calendar Item Nos. 10 - 27 and 29 - 30. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None Item No. 10: Motion to Approve City Council Minutes of the Regular Meeting of November 25, 1985. Recommendation: That the City Council approve the Minutes of November 25, 1985, as submitted. Item No. 11: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item No. 12: Consideration of Proclaiming December 15 - 21, 1985, as "Drunk and Drugged Driving Awareness Week" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim December 15 - 21, 1985, as "Drunk and Drugged Driving Awareness Week" in the City of Cypress. Item No. 13: Consideration of an Application for an Original Alcoholic Beverage License Filed by Nourani, Inc., D.B.A. Round Table Pizza, 10101 Valley View, Cypress. Recommendation: That the City Council receive and file this application contingent upon the approval or dIsapproval of the conditional use permit to be considered by the City -7- City Council Minutes +'7 December 9, 1985 Council at its January 13, 1986 meeting. Item No. 14: Consideration of an Application for an Alcoholic Beverage License Transfer Filed by Pizza Hut of San Diego, Inc., D.B.A. Pizza Hut, 6471 Ball Road, Cypress. Recommendation: Receive and file. Item No. 15: Consideration of an Application for an Alcoholic Beverage License Transfer Filed by James Jabong & Hae Son Lee, D.B.A. T.J.'s Market, 4502 Ball Road, Cypress. Recommendation: Receive and file. Item No. 16: Consideration of Claim Filed by Mike Barry. ."'... 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. 17: Consideration of Claim Filed by Nita Nelson. Recommendation: Receive and file. Item No. 18: Consideration of Claim Filed by Bruce King. 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. 19: Consideration of Claim Filed by Harold E. Richards. Recommendation: That the City Council officially reject the subject claim and refer it to the Cit~~'" Claims Adjuster, Carl Warren and Company, for appropriate disposition. Item No. 20: Consideration of Claim Filed by Gerilyn Rubin. Recommendation: Receive and file. Item No. 21: Consideration of Amendment to the Orange County Agreement Relating to Ambulance Services. Recommendation: That the City Council approve the First Amendment to the City-County Agreement to provide licensing and regulation of ambulance and convalescent transport service; authorize the Mayor to sign and the City Clerk to attest the Amendment; and to adopt the Resolution by title only, title as follows, approving the Amendment. RESOL UTION NO. 3027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A FIRST AMENDMENT TO AGREEMENT TO PROVIDE LICENSING AND REGULATION OF AMBULANCE AND CONVALESCENT TRANSPORT SERVICE. Item No. 22: Consideration of Supporting Assembly Bill 2020 - Bottle Bill. Recommendation: That the City Council authorize staff to prepare letters supporting Assembly Bill 2020 for the Mayor's signature to be forwarded to the appropriate State Legislators. Item No. 23: Continuation of Consideration of Adoption of the Hazardous Materials Disclosure Ordinance. Recom mendation: That the City Council approve the first reading of the Ordinance relating to hazardous materials disclosure, by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING ARTICLE IV TO CHAPTER 12 OF THE CODIFIED ORDINANCES OF THE CITY OF CYPRESS RELATING TO HAZARDOUS MATERIALS DISCLOSURE. Item No. 24: Consideration of Employee Assistance Program Contract Renewal. -8- 4~g City Council Minutes December 9, 1985 Recommendation: That the City Council, and acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, authorize staff to renew the contract with O.C.E.A.N. to continue to provide City and District employees with an Employee Assistance Program. Item No. 25: Consideration of Renewal of Self-Funded Medical Plan. Recommendation: That the City Council authorize the renewal of the City/District's Self- Funded Medical Program through U.S. Benefits/Robert F. Driver Company as outlined in the report. \ . \ " Item No. 26: Consideration of Employment List - Police Dispatcher. Recommendation: That the City Council certify the Employment List for the position of Police Dispatcher as submitted. Item No. 27: Consideration of City of Cypress Investment Policy. Recommendation: Receive and file. Item No. 29: Consideration of Placement of the City/District's Long-term Disability Insurance Plan Coverage. Recommendation: That the City Council, acting both on behalf of the City and as the ex officio governing Board of Directors of the Cypress Recreation and Park District, authorize the placement of the City and District long-term disability insurance plan with Canada Life as outlined in the report. Item NO',30: Consideration of Resolution Commending the Kennedy High School Drama and Choir Fl1l1d-Raising Effort. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending the Kennedy High School Drama and Choir fund-raising effort and, further, to transmit this Resolution to the neighboring cities for their support. RESOLUTION NO. 3028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE KENNEDY HIGH SCHOOL DRAMA AND CHOIR FUND-RAISING EFFORT. NEW BUSINESS: CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 85-42, LIGHT INDUSTRIAL BUILDING ON GATEWAY DRIVE, WARLAND INVESTMENTS, LTD.: A staff report was presented dated December 2, 1985 for construction of a 32,000 square foot industrial building, including an approximately 11,600 square foot mezzanine, located on the north side of Gateway Drive adjacent east of 10600 Valley View Street. The staff Design Review Committee has reviewed and approved the project subject to conditions. It was moved by Councilman Mullen and seconded by Councilman Partin to receive and file the report. The motion carried unanimously. CONSIDERATION OF DONATION FOR ORANGE COUNTY "IMAGINATION CELEBRATION": Mayer Lacayo reported that Cit~T of Co~~ta M,;,<":. Mayor, Norma Hertzog, had furnished the pl1t'ket..: mf:t,~r'all'e'jlw~ dnb a Jc ation for thE Orange County "Imagination Celebration". Councilman Kanel suggested monitoring the program for 60 days, at which time the Council can review and consider a donation at that time. Mayor Lacayo so ordered it tahled for 60 days and hearing no objections, directed staff to follow up on the program. . CONSIDERATION OF CREATION OF COMMUNITY COORDINATING COUNCIL: Councilman Partin presented a verbal report on his idea that a master calendar of City events be created, possibly coordinated through the Chamber of Commerce, to be published quarterly in the Newsletter. Councilman Partin indicated that other cities do have such a calendar and he added that it would help to prevent conflicts or confusion in scheduled events. -9- , ~ City Council Minutes December 9, 1985 Councilman Lacayo suggested that the new Public Information Officer, Randell Economy, collect the information regarding the events, and the Chamber of Commerce monitor the calendar. Councilman Partin requested that staff contact other cities to inquire whether they have a community coordinating council. Mayor Lacayo so ordered. CONSIDERATION OF RENEWAL OF LIABILITY INSURANCE PROGRAM: Assistant City Manager, David Barrett, summarized a staff report dated December 6, 1985, regarding the renewal of the liability insurance program provided by the Planet Insurance Company. The OCCRMA Board has made a preliminary premium allocation based upon a proposed new optional allocation formula. The premium for Cypress would be approximately $185,000 with a new self-insured retention of $250,000 per claim. Mr. Barrett requested that the City Council authorize the Indemnification Agreement to be signed in its current form and submitted prior to January 1, 1986 in order to avoid cancellation. It was moved by Councilman Kanel and seconded by Councilman Mullen to authorize the continued participation in the OCCRMA Liability Insurance Program and authorize the Mayor to execute the required Indemnification Agreement. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL M:eMBERS: o COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None CONSIDERATION OF RENEWAL OF THE SELF-INSURED WORKERS' COMPENSATION PROGRAM: Mr. Barrett summarized a staff report dated December 6, 1985 for consideration of renewal of the self-insured Workers' Compensation Program. The current policy, which expires December 12, 1985, will renew with a new self-insured retention (SIR) of $150,000 per claim and a Cypress premium of $18,910. This is an estimated premium deposit which is adjusted according to the audited actual payroll. Currently the $125,000 SIR policy has a premium of $8,893. It was moved by Councilman Mullen and seconded by Councilman Partin to authorize the continued participation in OCCRMA Workers' Compensation Program as outlined in the report dated December 6, 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, Kanel, Mullen, Partin and Lacayo None None CONSIDERATION OF RESOLUTION CALLING FOR THE CREATION OF A PROJECT AREA COMMITTEE: City Attorney Mark Huebsch presented a verbal report indicating that in accordance with Section 33385 of the Community Redevelopment Law, residents and existing community organizations in a redevelopment project area are to be called upon to form a Project Area Committee with appropriate representation from residential owner occupants, residential tenants, business persons and members of existing community organizations located in the Project Area, to be responsible for submitting input to the Cypress Redevelopment Agency on matters pertaining to residential units in the project area as it is proposed to be amended. It was moved by Councilman Kanel and seconded by Councilman Coronado to adopt the Resolution by title only, title as follows, forming a Project Area Committee. RESOLUTION NO. 3029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALLING UPON THE RESIDENTS IN EXISTING COMMUNITY ORGANIZATIONS IN THE CMC CENTER REDEVELOPMENT PROJECT AREA TO FORM A PROJECT AREA COMMITTEE. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANT NOS. 12502 - 12722: It was moved by Councilman Coronado and seconded by Councilman Kanel to approve the Warrant List for Warrant Nos. 12502 - 12722, in the amount of $817,740.79. The motion carried unanimously by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None -10- City Council Minutes December 9, 1985 SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY FROM CG-lO 000 AND BP-20 000 TO PC-25A (ZONE CHANGE NO. 85-2) AND ADOPTING DEVELOPME~T STANDARDS FOR SAID PROPERTY: It was moved by Councilman Mullen and seconded by Councilman Kanel to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance. ORDINANCE NO. 752 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY FROM CG-lO,OOO AND BP-20,000 TO PC-25A (ZONE CHANGE NO. 85-2) AND ADOPTING DEVELOPMENT STANDARDS FOR SAID PROPERTY. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCn.. MEMBERS: o COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None CYPRESS REDEVELOPEMENT AGENCY: The Cypress City Council Acting as the Redevelopment Agency. At 10:55 p.m., Mayor Lacayo recessed the regular meeting of the Cypress City Council and Chairman Kanel called to order the meeting of the Cypress Redevelopment Agency, which adjourned at 11:33 p.m. The regular meeting of the City Council reconvened at 11:33 p.m. CLOSED SESSION: Mayor Lacayo called a closed session at 11:34 p.m. for litigation and the meeting reconvened at 12:20 a.m. ADJOURNMENT: It was moved by Councilman Kanel and seconded by Councilman Partin to adjourn the meeting at 12:20 a.m., in memory of Frank P. Noe. OF CYPRESS ATTEST: I " / ./ (L . / r'_~/) /'t.,'< '_.'_',( CITY tifRlt6F THllCITY OF CYPRESS -11-