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Minutes 86-07-14 149 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 14, 1986 The regular meeting of the Cypress City Council was called to order at 6:45 p.m. on Monday, July 14, 1986, in the Employees' Lounge of the Cypress City Hall, 5275 Orange Avenue, Cypress, California, by Mayor Otto Lacayo. PRESENT: Councilmembers Coronado, Kanel, Partin & Lacayo ABSENT: Councilman Mullen Also present were Traffic Commissioners Bloch and Belsky. MEETING WITH THE TRAFFIC CONSULTANTS FOR THE TRANSPORTATION SYSTEMS MANAGEMENT PLAN FOR THE BUSINESS PARK: The Public Works Director stated there were three phases to the TSM action plan for the Business Park: the first was an analysis of the street network and presentation of TSM strategies and financing alternatives, the next was preparation of a specific TSM plan and preparation of a capital improvement program, and the third was implementation of the TSM program. Staff reported that they are using only half of the traffic volumes of what could be generated based on the City's actual experience with development. Staff indicated that the EIRs for Business Park properties, which maximize use of the properties, show a greater traffic generation than what is occurring. Mr. Al Hollinden and Mr. Berman Basmaciyan, the City's traffic consultants, presented preliminary findings of their traffic study for the Cypress Business Park and Race Track areas. Mr. Hollinden explained the level of service ratings with F being the worst intersection traffic flow situation and D being acceptable for an urban area. He presented a chart of TSM alternatives such as flexible and staggered work hours, shuttle parking, car and van pooling, and express bus service; and a chart showing estimated trip reduction with various TSM action levels. Mr. Basma.ciyan reported they took counts at 21 intersections which are critical to operation of the circulation system. He reported that without improvements and TSJVf measures, 17 of the intersections would have congestion problems and levels of service E or F at the time of build-out. With improvements and no TSM action, the number of congested intersections would be reduced to 12. Implementing the highest level of TSM actions plus improvements would reduce the level E or F intersections to 5. Mr. Basmaciyan reviewed a grade separation plan for Valley View /Katella and stated the plan would result in level of service E and would not totally solve the problem. He estimated its cost at $5 million and reported that additional right-of-way would be needed. He reported the heaviest volume is left turns onto Katella in the morning, and a grade separation for the left turn only would be better than a complete grade separation structure. COUNCILMAN MULLEN ARRIVED AT 7:12 P.M. Mr. Basmaciyan reviewed a circulation system through the Warland property which would utilize a new intersection north of Orangewood and divert traffic to Walker Street to reduce congestion at Valley View/Katella. He stated a left turn fly-over at the new intersection would be less costly than a grade separation at Valley/View Katella. Mr. Basmaciyan reviewed a chart showing the impact on various intersection capacities of not opening Holder Street and reported that some intersections such as Knott/Katella and Cerritos/Valley View would become much worse. He indicated that both a strong TSM program and improvements are vital for solving the traffic problems. RECESS: The Mayor recessed the meeting at 7 :30 p.m. The meeting was called back to order at 7:34 p.m. in the City Council Chambers with all Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney Mark Huebsch, and staff members Barrett, Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg. PLEDGE OF ALLEGIANCE: Councilman Kanelled the pledge to the flag. ORAL COMMUNICATIONS: Mayor Lacayo asked if anyone wished to speak in regard to any matters which were not on the agenda. No one wished to speak. 150 City Council Minutes July 14, 1986 STAFF REPORTS & DISCUSSION: The City Manager requested an Executive Session for personnel matters. At Councilman Kanel's request, the Mayor added Item #40 to the agenda regarding a homeowner's problems with the flood control channel work. The Mayor added Item #41 to the agenda regarding a request from the Cultural Arts Commission for financial assistance. The Mayor announced that the Council held a work session earlier this evening with the City's traffic consultants to review their traffic study for the Cypress Business Park. The Mayor took Item #31 out of order for the benefit of persons in the audience. CONTINUATION OF CONSIDERATION OF ENFORCEMENT OF CONDITIONS ON CONDITIONAL USE PERMIT #C-224 - ROYAL GARDEN APARTMENTS, 9352 HOLDER STREET, CYPRESS: Mr. Essex presented a status report on this matter dated July 9. He reported that in the discussions with the apartment owner's representative about improving conditions for the adjacent residents, there are still some issues to be resolved. He reported the owner has a plan of improvements and the plan was submitted to the homeowners. Mr. Essex suggested that a meeting be set up between the apartment owner and homeowners to seek a final resolution of the issues which can be presented at the next Council meeting. Mr. Essex stated Mrs. Allen was willing to meet with the owner and resolve the issues this way. Mayor Lacayo suggested that the meeting be held at City Hall. He stated if the meeting is unsuccessful then the Council will request the public hearing to review the permit. CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #86-6, MOTEL WITH KITCHENETTES, 5651 LINCOLN AVENUE: Mayor Lacayo opened the public hearing and the Planning Director presented a report dated July 7 describing the application. The applicant submitted a revised plan which reduces the number of units from 52 to 48 and the kitchenettes from 18 to 8. The requirement for one and a half parking spaces per kitchenette will be met, and an 8-foot-high block wall will be constructed wherever the site abuts residential land use. Mrs. Carol Pomeroy, 5651 Lincoln, Cypress, the property owner, requested the Council's -' approval of the project. The Mayor asked if anyone wished to speak in support or in opposition to the application. There were no other speakers. It was moved by Councilman Mullen and seconded by Councilman Partin to close the hearing and adopt the Resolution by title only, title as follows, approving Conditional Use Permit #86-6 subject to the 32 conditions in Exhibit A: RESOLUTION NO. 3107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86-6 - WITB CONDITIONS. Councilmembers Coronado and Partin expressed displeasure with a letter submitted by the property owner's attorney. Councilman Coronado stated he was upset with the manner this project was presented to the Council and though he liked the design of the project he would abstain on voting. Councilman Partin stated he supported the project as worthwhile but resented the letter that was submitted. The motion carried by the following roll call vote: A YES: 4 COUNCIL MEMBERS: Kanel, Mullen, Partin & Lacayo NOES: o COUNCILMEMBEHS: None ~ ABSENT: o COUNCIL MEMBERS: None ABST AINING: 1 COUNCIL MEMBERS: Coronado CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #86-15, MINI- WAREHOUSE/PUBLIC STORAGE FACILITY, 9907 WALKER STREET: Mayor Lacayo opened the hearing. The Planning Director reported that letters protesting the mini-warehouse were received from Mr. Morisaki, 5394 Rome Avenue, and Mrs. Beatrice Lizzo, 5414 Rome Avenue. She summarized a report dated July 8 describing the application. Mrs. Eynon reported that although the applicant revised the plan to decrease the building width and provide a two-way driveway and install a fence and security gate, staff still recommended denial based on potential circulation, access and noise problems. -2- '151 City Council Minutes July 14, 1986 Mr. Ken Gould, 209 33rd, Newport Beach, Leasing Agent for the owner of the shopping center, reported the owner considered various proposals for the excess land at the rear of the center and felt a self-storage facility would be a profitable and successful use which would not conflict with the area and nearby residents. The owner felt revenue from the facility would help reduce common area maintenance costs for the center and provide a storage area for the tenants. Mr. Gould reported that the owner planned to occupy 2,000 square feet and Via Maria Restaurant proposed to utilize 1,000 square feet of the total area which is 8,000 square feet. Mr. Gould reported he contacted 15 residents behind the center and they had no negative feelings about the project and three submitted letters in support. Mr. Bruce Jordan, architect, 18218 E. McDurmott, Irvine, responded to staff's concerns regarding noise and reported that gates at the storage facility would preclude large truck traffic near the residential area, there would be no outside storage, and the project would generate a low noise level, traffic flow and parking demand. He stated the security gates will prevent access to the rear of the project and keep pedestrian and vehicular traffic away from the residences. He reported the building has a 28 foot setback from the residential area and is 9-10 feet high and its roof will be barely visible. He reported there are no mechanical systems on the roof to generate noise. He stated no electrical power is provided for the tenants' use. Mr. Jordan stated Condition #26 is inappropriate for this size project and requested that it be revised to permit construction in conformance with City standards and the Uniform Building Code. He responded to questions about the facility and stated this is a small scale project compared to similar facilities in Orange County which average 300 to 500 units and 50,000 square feet. He stated these facilities have an extremely low crime record. He reported there will be a manager on the property during the day. The Mayor asked if anyone wished to speak in support. No one spoke in support. He asked for speakers in opposition. Mr. Ken Jaffers, 5424 Rome, Cypress, stated the area at the rear of the center does not need cleaning up, and there is no through traffic from existing businesses. He stated he is in law enforcement and he reported on an incident where stolen goods were stored at a similar facility. He stated the area is fine the way it is. Mrs. Donna Imanuel asked if emergency vehicle access is provided, and stated the project would not enhance her property. Mr. Jordan stated the storage building will be a buffer between the residences and through traffic and the 5-foot wide landscaped planter they propose at the rear will screen the project. The Planning Director presented slides of the site and reported it is about 2 acres. Councilman Mullen stated he did not support a commercial use 28 feet away from residences because of the potential noise and disturbance and he felt this was an inappropriate site for the use. Councilman Kanel agreed there could be noise problems and that this was not a proper location. Councilman Partin asked if the project would still be viable if access were provided on the east side and the number of units were reduced to 11. Mr. Jordan stated it would be viable. Councilman Coronado indicated he did not disapprove of the project and stated it was quite a distance from the horn es, landscaping will be provided, and the proposed hours are acceptable. He stated he would be more supportive if the facility was closed on Sunday. Mayor Lacayo stated he viewed the property and agreed with staff's recommendation. Councilman Mullen stated he was willing to review a revised plan but that he would support the project only with total support from the neighbors. It was moved by Councilman Coronado and seconded by Councilman Mullen to continue the hearing regarding C.U.P. #86-15 to the July 28 meeting to allow the applicant to submit revised plans. Councilman Partin recommended that the applicant get additional input from the neighborhood on the proposal. The motion carried by the following roll call vote: A YES: 4 COUNCILMEMBERS: Coronado, MUllen, Partin & Lacayo NOES: 1 COUNCILMEMBERS: Kanel ABSENT: o COUNCILMEMBERS: None -3- 152 City Council Minutes July 14, 1986 CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #86-17 , VEHICLE STORAGE YARD FOR CYPRESS AUTO BODY AND PAINT CUSTOMERS' VEHICLES, 8862- 8882 WALKER STREET: Mayor Lacayo opened the hearing and the Planning Director presented a report dated July 8 describing the application to permit an overflow parking area for customers' vehicles on the vacant lot adjacent to the business. Mrs. Eynon reported the applicant withdrew his request for an RV storage yard. Staff recommended that the conditional use permit be reviewed in one year to determine if the use will remain permanently and if permanent improvements should be required. ~, , Mr. Thomas R.odriguez, 8900 Walker Street, Cypress, the applicant, reported that one of the trailers on the property is used to haul cars and the other is there to be repaired. He stated he needs the additional parking area and does not like to park vehicles on Danny Avenue. Mr. Rodriguez stated he will be installing a new fence inside an existing fence around the property and asked if he could use an alternative to redwood. such as bamboo slats or canvass. The Council discussed the fence treatment and supported staff's recommendation for redwood slats. The City Attorney recommended that the following language be added to Condition #11: At that time, C.U.P. 86-17 shall terminate unless extended by affirmative action of the City Council. The City Council may at such time impose such additional conditions as it may deem appropriate. Mr. Jess Black, 5422 DeLong, Cypress, thanked staff for considering the use as temporary and asked that the Council approve it. There were no speakers in opposition. It was moved by Councilman Mullen and seconded by Councilman Partin to close the hearing and adopt the Resolution by title only, title as follows, approving Conditional Use Permit #86-17 subject to the 15 conditions in Exhibit A and revised Condition #11 recommended by the City Attorney: RESOLUTION NO. 3108 -, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86-17 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILMEMBERS: None CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT #79-19, KENTUCKY FRIED CHICKEN RESTAURANT EXPANSION, 9041 VALLEY VIEW STREET: Mayor Lacayo opened the hearing and announced that the applicant requested a continuance of the hearing to August 11. Hearing no objections, the Mayor continued the hearing to the August 11 meeting. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. DAVID DALEY- HOME MAINTENANCE REFERRAL SERVICE: Mayor Lacayo opened the public hearing. Mr. Essex presented a report dated July 8 describing the application to allow door-to-door solicitation for membership to a home maintenance referral service. Mr. David Daley, 6316 San Andres, Cypress, the applicant, reported he received a positive -, response to his survey and was looking for a way to notify the area before he begins solicitation. He stated he may be able to lower the membership fee from $20 to $15 and in the event the business is unsuccessful he stated he would pro rate a refund to customers. There were no other speakers in favor or opposition. It was moved by Councilman Coronado and seconded by Councilman Kanel to close the hearing and approve the Special Permit for Mr. David Daley, subject to the condition that solicitation be limited to Monday through Saturday from 9:00 a.m. to 6:00 p.m. (daylight hours only). The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: o COUNCIL MEMBERS: None ABSENT: o COUNCILMEMBERS: None -4- , 153 City Council Minutes July 14, 1986 PUBLIC HEARING RE: VARIANCE #86-2, EXCEED LOT COVERAGE AT 6834 TIKI DRIVE: Mayor Lacayo opened the public hearing and the Planning Director presented a report dated June 30 describing the request to permit a 12.65% increase in structural lot coverage over what is normally allowed for the construction of a room addition at 6834 Tiki Drive in the RS-6,000 Zone. Mr. D'Ambra, 7812 Westminster Boulevard, Westminster, California, contractor for the applicant, stated the floor plan of the home is oddly shaped and the applicant's patio area is unusable space. He stated the addition is not yet under construction. He stated 2,000 square feet will remain open at the rear of the property after construction and the addition will not protrude into the side yard. Mr. D'Ambra submitted a petition in favor of the request from homeowners in the immediate area. The Mayor asked if anyone wished to speak in support or in opposition. There were no speakers. It was moved by Councilman Kanel and seconded by Councilman Coronado to close the public hearing and adopt the Resolution by title only, title as follows, approving Variance #86-2 subject to findings A-E of Section 17.3-7 of the Zoning Ordinance: RESOLUTION NO. 3109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING VARIANCE NO. 86-2 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILMEJVfBERS: None PUBLIC HEARING RE: CONDITIONAL USE PERMIT #86-20, PARKING LOT FACILITY AT THE SOUTHEAST CORNER OF BUSINESS CENTER DRIVE AND COMMERCE DRIVE: Mayor Lacayo opened the public hearing. The Planning Director presented a report dated July 1 describing the request to construct an off-site parking lot facility to serve Building C which is located approximately 400 feet away at 10775 Business Center Drive. The proposed lot contains 114 parking stalls and the project is consistent with the recent Zoning Ordinance amendment which allows off-site accessory parking facilities. Mr. Jeff Smith, representing the applicant, Cabot, Cabot & Forbes, 2390 E. Orangewood, Suite 380, Anaheim, requested that the Council consider two amendments to the plan. He asked if he could utilize the existing sidewalk along the east side of Building B to provide pedestrian access to Building C instead of installing a new sidewalk on the east side of Business Center Drive. The Public Works Director stated staff felt pedestrians would be more likely to use a safer and more convenient sidewalk on the east side of Business Center Drive rather than the sidewalk on the opposite side which is a circuitous and less functional route. Councilman Kanel requested that the applicant install the new sidewalk as recommended by staff. Mr. Smith reported that they are receiving more requests for office space in the area and McDonnell Douglas is interested in additional space in Building B which would create a need for more parking. He reported Building C requires 17 parking spaces out of the 114 proposed and he asked if other buildings can utilize the same lot. The Planning Director stated staff was agreeable to investigating the suggestion but indicated that a detailed and clear plan would be necessary to enforce the parking provisions. Mr. Smith asked if this option could be left open to them. Councilman Mullen suggested that the parking lot issue be considered at the time conditional use permits are presented for the other buildings and the subject use permit could be amended. Mayor Lacayo agreed with the sugggestion. The City Attorney recommended that the Council act on the conditional use permit and then meet with the applicant to decide if the permit conditions need to be modified. The Mayor asked if anyone else wished to speak in support or in opposition. There were no other speakers. -5- 154 City Council Minutes July 14, 1986 It was moved by Councilman Mullen and seconded by Councilman Kanel to close the pUblic hearing and adopt the Resolution by title only, title as follows, approving Conditional Use Permit #86-20 subject to the 21 conditions: RESOLUTION NO. 3110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ~ APPROVING CONDITIONAL USE PERMIT NO. 86-20 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILMEMBERS: Coronado, Kanel, MUllen, Partin & Lacayo NOES: o COUNCIL MEMBERS: None ABSENT: o COUNCILMEMBERS: None PUBLIC HEARING RE: CONDITIONAL USE PERMIT #86-19 AND PARCEL MAP #86-230, 75-UNIT AFFORDABLE SENIOR APARTMENT BUILDING, 9031 GRINDLA Y STREET: Mayor Lacayo declared the hearing open and the Planning Director presented a report dated July 9 describing the project. Mrs. Eynon reported that staff received two calls from persons who had questions about the development. The Public Works Director recommended that the following wording be deleted from Condition #2: All lots shall have a slope gradient of one percent minimum from rear lot line to the street. He also recommended that the following language be added at the end of Condition #26: In lieu of a bond, sufficient monies shall be withheld from the contractor's final payment by HUD until satisfactory inspection of the work at three, six, and nine months after issuance of a Certificate of Occupancy. The Mayor asked if anyone wished to speak on the proposal. Mr. Brooks White of Shelter Ventures, representing NCR of Cypress, stated the staff made excellent suggestions on the project design which they will incorporate. Staff clarified several conditions for Mr. White. Mr. White stated the conditions of approval are acceptable -' to them. Mrs. Grace Lachina, president of the Affordable Development Corporation, thanked the Council for their support of the project. In response to a question from the Council, Mrs. Lachina stated she did not foresee the annual St. Irenaeus Church festival creating any problems for the seniors. Mr. Jack Stevens, 7533 EI Cortez Circle, Buena Park, Pastor of the Calvary Chapel on Lincoln A venue, stated he supported the concept of the project although he lacked information on the proposal and did not know how it would affect his property. He reported there are unresolved problems created by the Cypress Community Day School and he was concerned whether the school would adversely affect the seniors housing. Mr. Stevens indicated the school has been a disruptive element and he felt it was responsible for the decline in his school's enrollment. Mr. Essex reported that the Cypress School Board had addressed concerns over the Community Day School lease and its renewal was shortened because of the housing proposal and other proposals for the adjacent property. Mr. Waite, 5242 Vista del Sol, Cypress, asked who would regulate occupancy of the housing project. He stated from his past experience HUD housing can be a disaster. Mr. Reed Flory of Shelter Ventures stated that all recent HUD projects preclude any management problem involving children or family behavior. He stated the units and parking *",,'1"~ will be secure with a key or punch code system and they will have a management plan with precise guidelines. He stated NCR as co-sponsor and managing agent will administer the policies. Mr. Waite asked if the managers will keep things in order and whether complaints can be brought to the City Council. Mr. Ed Huebler, 5293 Vista del Sol, Cypress, asked about the eligibility age for residency and whether elevators will be provided. Staff indicated that the qualifying age was 62, and that elevators will be provided. The Planning Director recommended that the following condition be added: The property shall be maintained in a manner acceptable to the Cypress City Council. -6- 155 City Council Minutes July 14, 1986 It was moved by Councilman Kanel and seconded by Councilman Mullen to close the public hearing and adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit #86-19 and Parcel Map #86-230 subject to the conditions in Exhibit A, the revised conditions, and the additional condition recommended by staff: RESOLUTION NO. 3111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86-19 - WITH CONDITIONS. RESOLUTION NO. 3112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL MAP NO. 86-230 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILMEMBERS: None RECESS: Mayor Lacayo recessed the meeting at 9:45 p.m. in order for the Council to convene as the Cypress Redevelopment Agency and consider Items #38 and 39 on the agenda. The meeting was called back to order at 9:46 p.m. with all Councilmembers present. Recreation and Park Director Marvin DeCarlo presented the Council with a poster to be displayed at the Civic Center celebrating the City's 30th birthday. He stated special activities are planned for the next two weeks and tickets are available for the dance on July 19. RECESS: The Mayor called a recess at 9:49 p.m. The meeting reconvened at 10:00 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF LINCOLN CENTER MOBILE HOME PARK RENT INCREASE: Mr. Essex presented a report dated July 9 which transmitted responses to the Fact Finder's report from the owners and tenants. He stated the report opened dialogue between the parties, addressed the rent increase, and identified problems, and the question is whether the City should continue to be involved in this matter. He recommended that the owners and tenants continue discussions independently and submit periodic progress reports to the Council. Councilman Kanel stated the tenants' questions can be resolved by further discussions with the owner and Councilman Coronado felt staff's recommendation was appropriate and he supported formation of the committee recommended by the Fact Finder. Mayor Lacayo stated that the Council was still the proper forum for the tenants to present their com plaints. Mr. Don Barrett, President of the Lincoln Center Tenants Association, stated the Council is the only body they can approach with their problems. He stated the tenants feel the park is a monopoly and tenants need the City to protect their rights. Mr. Barrett felt the Council's role should be to influence the owner to provide information concerning the park's operation. He requested that the Council remain involved in this matter. Councilman Kanel stated he was willing to become involved again if it is necessary. He suggested that one or two Councilmembers sit in on the tenant/owner meetings. Mr. Barrett stated the Council's intervention brought about the majority of the changes but they are really a reinstatement of services that were previously provided. Councilman Mullen indicated that based on the study findings he did not feel the tenants were exploited by the $30 increase. He stated he would support rent control only if it was warranted by extreme circumstances because the consequences of rent control would be extreme and could involve costly litigation for the City. He asked that the park owners ensure that communication remains open and that both sides compromise more to resolve the issues. A resident of the park stated the tenants are in a different position because they must pay for their coaches in addition to rent and utilities and for many it is financially difficult. She stated the tenants have no voice in what is done at the park and there is no help for hardship cases. -7- 156 City Council Minutes July 14, 1986 Mr. Sawyer, Lincoln Center, stated he has lived in the park since 1968 and since it opened the tenants have not received what they were promised. He reported there was a past problem involving juveniles and drugs and alcohol which the owner did not address. He stated he was unable to get the owner to provide an American flag for the flag pole. Mr. John Barr, representing the owners, reconfirmed their pledge to continue the dialogue with the tenants. He stated he cannot promise that the tenants will be pleased with the ~ outcome of every meeting but the meetings will be held on a regular basis. He stated issues like the $59,000 utility cost can be discussed at the meetings aside from rent control. Mr. Barr stated they will schedule a meeting for the end of August, take minutes of the meetings and circulate them to the tenants and City. He stated he will report findings to the City Council. Councilman Partin suggested that he and Councilman Kanel attend the meetings as observers. He felt the discussions should be removed from the Council Chambers and stated that progress has been made whether or not the tenants believe so. Mayor Lacayo appointed Councilmembers Kanel and Partin as a delegation to meet with the tenants/owners group. Mr. Dick Little, Lincoln Park, questioned whether the owners had any intentions of resolving the 21 items of concern cited by the Fact Finder. He stated he would have more faith in the owners if the items were corrected. He stated park rules have not been enforced for 15 years. Mayor Lacayo asked that Mr. Little serve on the tenants' committee. Councilman Kanel stated he and Councilman Partin will serve as a liaison to the Lincoln Center committee and the items brought up by the tenants can be discussed. Mayor Lacayo stated the owner is aware that rent control is a possibility at any time. Hearing no objections, the Mayor tabled this matter until the Council representatives return with a report. RECESS: The Mayor called a recess at 11:12 p.m. The meeting reconvened at 11:20 p.m. with all Councilmembers present. Councilman Kanel reported that he met with leaders of the Los Alamitos men's golf club and a representative was present to hear a report concerning the Race Track property. The Mayor added this matter to the agenda as Item #42. .' CONSIDERATION OF AMENDMENTS TO THE FRANCHISE AGREEMENT WITH COPLEY /COLONY CABLEVISION OF CYPRESS: Mr. Essex presented a report dated July 8 describing amendments which the Council approved in concept at their May 28 meeting. It was moved by Councilman Coronado and seconded by Councilman Mullen to approve the Amendment to the Franchise Agreement with Copley/Colony Cablevision of Cypress, authorize the Mayor to sign the Agreement and the City Clerk to attest, and approve the first reading of the Ordinance by title only, title as follows, amending the Indemnification Section of the CATV Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 6-17 OF THE CYPRESS CITY CODE. The motion unanimously carried by the following roll call vote: jf!,.,....~~ A YES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: o COUNCIL MEMBERS: None ABSENT: o COUNCILMEMBERS: None Councilman Kanel suggested that it would be more convenient to viewers if Channel 8 was designated as the public access channel and Channel 57 designated for the community bulletin board. A Copley/Colony representative said this was a good idea and they will investigate it. Councilman Mullen asked that the cable company provide a program schedule. The representative reported that Cable View magazine and TV Guide list most premium services. She reported the problem in getting a basic service guide is that the basic service providers would have to coordinate their programming schedules. She reported Copley has been discussing this with several publishers including TV Guide. -8- .! 157 City Council Minutes July 14, 1986 CONSIDERATION OF DESIGN REVIEW COMMITTEE #86-21, FIVE-STORY OFFICE BUILDING ON PLAZA DRIVE: The Planning Director summarized a report dated July 8 describing the request to construct a five-story office building for the Sony Corporation at the southwest corner of Plaza Drive and Valley View Street. She reported the building was reviewed and approved by FAA at a height of 78 feet. The FAA, in response to concerns from the Armed Forces Reserve Center, ruled that: the building will be of no hazard to air navigation, and there will be no adverse effect on visual flight operations, instrument flight operations or FAA air navigational aids. The FAA required that the building be obstruction marked and lighted. Staff recommended that the Council receive and file the Design Committee report. Mr. Merle Pautsch, M.D.C. Realty Company, stated they are on a fixed schedule and he thanked staff for their assistance in processing the project. Colonel Brandt, Armed Forces Reserve Center, stated he was not speaking in support or in opposition but was present to find out what is proposed. He stated they have not received detailed information from the City or developer and the only thing they responded to was the FAA's request for structural evaluation. Col. Brandt stated the proposed building was 24 feet too high and was reduced in height so that it now protrudes by 6 feet into protected air space. He stated the AFRC has technical questions and will meet with McDonnell Realty on Thursday to discuss the property and vacant land to the south. The Planning Director reported on staff's contacts with the AFRC regarding this development. The Mayor asked if the AFRC would like this item continued so that they may review the plans. Colonel Brandt stated they would like details of the proposal and an opportunity to present their comments to the developer. He indicated the developer should be aware the building is in a noise area. Mr. Pautsch stated they have already broken ground and grading is done. He offered to meet with the AFRC representatives to review the plans. Mayor Lacayo requested that McDonnell Realty keep the AFRC advised of projects coming up. He stated this is a receive and file agenda item and Council approval is not requested. The Council reiterated their request that personal contact be made with the AFRC representative to apprise him of development plans and further suggested that for subsequent developments staff forward a copy of the staff report and plans to the AFRC and obtain a statement of concurrence from the AFRC on the plans. " It was m~>ved by Councilman Mullen, seconded by Councilman Partin and unanimously carried to receive and file the Design Review Committee #86-21 report. In response to a question from Councilman Partin, Col. Brandt reported that the AFRC was put on the list for simulators at the base. He reported there is an interim plan to provide less capable simulators and the base could have one or two by the first part of next fiscal year. He stated he would like the fully capable simulators for all their training but the interim measure should help alleviate the problem. CONSIDERATION OF STATUS UPDATE OF HYATT DIE CAST HAZARDOUS WASTE TANK AND PERIMETER LANDSCAPING: The Planning Director presented a report dated July 8 addressing the ha7.ardous waste tank and landscaping on the Hyatt property. She reported that Hyatt began construction of a block wall and cement cradle to hold the tank. Mr. Fred Glass, 9210 Whitney Way, Cypress, complained about the trimming of trees which were screening the property well and providing a noise buffer. He stated because of the two trimmings the homeowners will have to wait several more years for the trees to be effective. He recommended that Hyatt complete the original plan and let the trees grow properly or develop an alternate trim ming plan. The Council continued this item to the July 28 meeting and requested that staff prepare a tree trimming plan for the Hyatt property, and notify Mr. Glass. In regard to Item #42 added to the agenda, Councilman Kanel indicated that the golfers who use the Los Alamitos Golf Course are concerned about closing the course and finding an alternate facility. -9- 158 City Council Minutes July 14, 1986 Mr. Roger Geyer stated many people are concerned about closing the golf course and feel they are entitled to recreation facilities, and there are no other golf course sites. He reported they contacted Supervisor Wieder's office but got no response. He felt the County should advise them where property is available. Councilman Partin suggested that the County be requested to cooperate in trying to develop a golf course at the southwest corner of Katella and Valley View. He stated the City already has plans prepared for a course at this location. ~;'f'H~ The Council requested that the City Manager contact the property owner and the Armed Forces Reserve Center about the possibility of obtaining land for the golf course. CONSIDERA TION OF AWARD OF CONTRACT FOR PURCHASE OF PLAYGROUND EQUIPMENT: Mr. Essex presented a report from the Recreation & Park Director dated July 7 requesting award of contract for the purchase of playground equipment to be distributed at various parks. The equipment included two GT 4 x 4 Climbers, two Lil Wum Climbers, one Log Roll, and one Single Spiral Slide. Acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Mullen and seconded by Councilman Kanel to: (1) dispense with formal competitive bidding for reasons described in the staff report pursuant to City Code Section 21A-8F; and (2) authorize the purchase of the playground equipment requested from Moore Recreation & Park Equipment, Inc. in the amount of $7,056.00. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILMEMBERS: None CONSENT CALENDAR: All items listed on the agenda under "Consent Calendar" are to be considered by the Council as routine and enacted by one motion approving the recommendations on the agenda. .~.. It was moved by Councilman Partin and seconded by Councilman Mullen to approve Items #10 through #29 on the Consent Calendar. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILMEMBERS: None Item #10: Motion to Approve City Council Minutes of the Regular Meeting of June 23, 1986. Recommendation: That the City Council approve the Minutes of June 23, 1986, as submitted. Item #11: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item #12: Consideration of Claim Filed by Mr. John A. Manley. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Company, for appropriate disposition. Item #13: Consideration of Monthly Investment Report for the Month of May 1986. Recommendation: Receive and file. ~).'\iM Item #14: Consideration of Employment List - Mechanic I. Recommendation: That the City Council certify the Employment List for the position of Mechanic I as submitted. Item #15: Consideration of Employment List - Information Systems Coordinator. Recommendation: That the City Council certify the Employment List for the position of Information Systems Coordinator as submitted. -10- '159 City Council Minutes July 14, 1986 Item #16: Consideration of Recommendations of Traffic Commission Meeting of June 17, 1986. Recommendation: That the City Council adopt the Resolution by title only, title as follows: (1) establishing an additional 40 feet of "No Parking" zone on the east side of Denni Street, south of Blanca Drive, making a total of 50 feet of "No Parking" zone; and (2) removing a section of the existing "No Parking" zone starting at the south property line of 9232 Denni Street to a point 20 feet south: RESOLUTION NO. 3113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING AN ADDITIONAL 40' OF "NO PARKING ANY TIME" AREA ON THE EAST SIDE OF DENNI STREET, SOUTH OF BLANCA DRIVE, MAKING A TOTAL OF 50' OF "NO PARKING ANY TIME" ZONE, AND REMOVING A PORTION OF THE EXISTING "NO PARKING ANY TIME" ZONE FROM THE SOUTH PROPERTY LINE OF 9232 DENNI STREET TO A POINT 20' SOUTH. Item #17: Consideration of an Application for an Original Alcoholic Beverage License Filed by Randy Allan and Cathy Lynne Walsh, DBA Perry's Pizza, 9515 Valley View, Cypress. Recommendation: Receive and file. Item #18: Consideration of Reclassification of Maintenance Aide to Assistant Mechanic. Recommendation: That the City Council approve the reclassification of the temporary Maintenance Aide position currently assigned to the City garage to the permanent, full-time classification of Assistant Mechanic as outlined in the report. Item #19: Consideration of Approval of Agreement with Southern Pacific Transportation Company for McDonnell Douglas Realty Company's Sanitary Sewer Railroad Crossing, East of Walker Street, North of Katella Avenue, City of Cypress Project #8713-90. Recommendation: That the City Council approve the Agreement with the Southern Pacific Transportation Company and authorize the Mayor to sign the Agreement and the City Clerk to attest the signature, subject to approval of the City Attorney as to form. Item #20: Consideration of House Number Painting on Curbs by Kennedy High School Band Boosters. Recommendation: That the City Council direct staff to issue a permit to Kennedy High School Band Boosters to paint house numbers on curbs in Districts 15, 16, 21, 22 and 23. Item #21: Consideration of Stanton Storm Channel Fence Agreement. Recommendation: That the City Council approve the Agreement between the City and the Orange County Flood Control District to construct the Stanton Channel fence as described in the report, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. Item #22: Consideration of Family Health Plan Renewal. Recommendation: That the City Council authorize the renewal of the medical services program through Family Health Plan at the new rates as outlined in the report. Item #23: Consideration of Resolution Amending the Election Resolution Which Deletes Any R.eference of the Submittal of a Charter Amendment. Recommendation: That the City Council adopt the Resolution by title only, title as follows, amending the Resolution calling and giving notice of the holding of a General Municipal Election to be held on November 4, 1986, by deleting any reference of the submittal of a Charter Amendment to the City's electorate: RESOLUTION NO. 3114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING RESOLUTION NO. 3104 OF SAID CITY COUNCIL CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER. 4, 1986, BY DELETING ANY REFERENCE OF THE SUBMITTAL OF A CHARTER AMENDMENT TO THE CITY'S ELECTORATE. -11- 160 City Council Minutes July 14, 1986 Item #24: Consideration of Amendment to Agreement with the City of Garden Grove for Nutrition Services. Recommendation: That the City Council approve the Amendment to the Agreement dated March 28, 1977, between the City of Cypress and the City of Garden Grove to provide nutrition services for the period of July 1, 1986 through June 30, 1987, and authorize the Mayor to sign and the City Clerk to attest the Amendment, subject to the approval of the City Attorney. r'.""" Item #25: Consideration of Acceptance of the Goals/Objectives of the Cypress Cultural Arts Commission. Recommendation: That the City Council approve the Cultural Arts Commission's Statement of Goals and Objectives in executing its responsibilities. Item #26: Consideration of Amendment to the Health Services Agreement with the County of Orange. Recommendation: That the City Council approve the Amendment to the Health Services Agreement with the County of Orange, extending the term to June 30, 1991, and authorize the Mayor to sign and the City Clerk to attest the Amendment. Item #27: Consideration of Status of the Cypress General Plan Update. Recommendation: Receive and file. Item #28: Consideration of Donation of Funds from the American Legion Auxiliary, Cypress Unit #295, District 29. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, formally accept the donation in the amount of $100 from the American Legion Auxiliary and appropriate $100 from the Cypress Recreation & Park District General Fund to Account #4187-12-307-10 for use in the tutorial ~~ program. Item #29: Consideration of Recreation Activity Classes. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, approve the class fee increases as recommended by the Recreation & Community Services Commission. CONTINUATION OF CONSIDERATION OF CHANGE IN COMPENSATION FOR CITY ATTORNEY'S SERVICES: Mr. Essex presented a report dated July 9 and recommended approval of Alternative #2 in the City Attorney's proposal, for a one year trial period, which would allow staff to determine what issues would be established for separate billing and would allow staff additional flexibility in determining the extent of the City Attorney's involvement that would be required in these research projects. Councilman Kanel stated he may present a report on this matter at a future date. It was moved by Councilman Mullen and seconded by Councilman Partin to approve Alternative #2 of the City Attorney's proposal. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: o COUNCILMEMBERS: None ABSENT: o COUNCIL MEMBERS: None ~. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS #15650 - 15865: It was moved by Councilman Mullen and seconded by Councilman Partin to approve the Warrant List for Warrants #15650 through #15865 in the amount of $425,407.25. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: o CQ'UNCILMEMBERS: None ABSENT: o COUNCIL MEMBERS: None -12- . 161 City Council Minutes July 14, 1986 SECOND READING OF ORDINANCE RELATING TO HAZARDOUS MATERIALS DISCLOSURE: It was moved by Councilman Mullen and seconded by Councilman Partin to adopt the Ordinance by title only, title as follows: ORDINANCE NO. 762 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 12-33 OF ARTICLE m OF THE CODIFIED ORDINANCES OF THE CITY OF CYPRESS RELATING TO HAZARDOUS MATERIALS DISCLOSURE. The motion unanimously carried by the following roll call vo~e: A YES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCILMEMBERS: None In regard to Item #40 added to the agenda, Councilman Kanel reported that a property owner at 5101 Myra Avenue had experienced problems resulting from the work on the flood control channel and she requested the City's assistance. He reported that a large amount of dirt was pushed onto her property and a retaining wall was pushed out. The Council requested that staff investigate the problem and report back. In regard to Item #41 added to the agenda, Mayor Lacayo reported that the Cypress Theater Guild was requesting a City donation of $5,000 for their production of The Flower Drum Song. The Recreation Director distributed a report outlining the production costs. He indicated the funds are available in the Cultural Arts Commission's account and would be reimbursed through their payback agreement with the Guild; however, the Commission was requesting a City donation on behalf of the Theater Guild. Mr. Essex reported that staff is developing a set of criteria for evaluating requests for donations. Councilman Mullen expressed concern over the number of requests received and potential requests and felt the Council should limit donations. He indicated that City funding removes the incentive for groups to hold fund raisers. Councilman Partin questioned whether profits from the production would be sufficient to recover the fees. It was moved by Councilman Partin and seconded by Councilman Mullen to deny the request and recommend that budgeted funds be used. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None The Council discussed the next meeting and the Mayor recommended that it be scheduled for 6:30 p.m. and that the Race Track hearing be set for 7:30 p.m. and continued to a later date if necessary. EXECUTIVE SESSION: The Mayor called an Executive Session for personnel matters at 12:58 a.m. The meeting reconvened at 1:25 a.m. with all Councilmembers present. ADJOURNMENT: The Mayor adjourned the meeting at 1:26 a.m. to Monday, July 28, at 6:30 p.m. ATTEST: /7 / <! '"" . ::?>/:r; j; /~ '/ CIT~ CL~ F TH~ITY OF CYPRESS -13-