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Minutes 87-01-12 {117 IVINUTES OF A BEGUT,AR I\tTEETING OF THE CYPRESS CITY COUNCIL HELD January 12, 1987 The regular meC ing of the Cypress City Council was called to order at 6:30 p.m. on IVonday, JHnuary 12, 1987, in the Employee Lounge of the Cypress City Hall, 5275 Orange Avenue, Cypress, California, by Mayor John Kanel. PRESENT: Councilmembers Arnold, Davis, MuIJen & Kanel ABSENT: Councilman Coronado Mayor Kanel announced that Councilman Coronado could not atteJ1d the work session but wouJd be present at 7:30 p.m. WORKSHOP SESSION WITH TRANSPORTATION CONSUL'T'ANTS HE: THE FLYOVEF PROJECT AT VALLEY VIEW & KATELLA: Mavor Kanel announced that the purpose of the meeting'is to hear comments from the Business 'Park property owners concerning the VaHey Vievi/Katella flyover proposal. Mr. Essex stated that a meeting is scheduled for 7:30 a.m. on Thursday, ,January] 5, at the Cypress Cultural Arts Center at which time staff will explain the overall traffic picture for the Business Park including traffic problems and strategies to mitigate those problems. The Council heard from the following Business Park property owners who did not support the f1yover project. 1\1r. Carl Robertson, representing War land Investments, stated they are performing a study of traffic impacts in the area. He distributed a report to the Council describing the impact of the flvover on the Business Park and rjtv as a whole which inclpded a fiscal impact 8.naly~is. Mr. Robertson indicated trat tl'e basic core development in the Business Park has gone extremely well, attracting corporate headquarters and generating a demand for attractive retail developments, and the flyover could impact whether this trend continues or changes to industrial warehouse uses. According to their marketing consultants, if tte flyover is developed the retail center planned by Cypress Lanel Company will not be developed and the office develop:nent planned at the northeast and southwest corners will not be viable and the structure of the Business Park will be transformed to a lower end use. ]VTr. Robertson reported that they anticipate their development will generate revenues of about $800,000 annually to the City which may be lost if the flyover is built. Mr. l1obertson stated he reviewed the flyover proposal with the tenants \."ho are listed in the report and they all oppose the flyover and feel it '\^lould adversely affect their corporate image and access to their properties. He stated he spoJ<e with the senior management of each of these companies and all are uniformly opposed to the flyover. J\1r. Robertson felt the negative impacts to the Business Park outweighed the potential improvement of tre traffic situation. Mr. Brian Harvey, general partner of Cypress Land Company, stated he opposes the flyover anc1 emphatically feels it would have a negative impact on the area. He stated it would not be aesthetically pleasing nor would it attract retail business. Mr. Harvey indicated that his development agreement with the City calls for a certain amount of commercial acres and he felt the property would not attract retail business because the flyover would result in a lack of high visibility. ~'~r. JVTerle Pautsch, representing McDonnell Douglas Realty, stated they are uncertain of the total negative effects of the flyover, but at this time they are not in favor of it. He stated the flyover appears unnecessary based on development proposals which existed when they initiated their master plan. Mr. Pautsch submitted aerial photographs showing peak morning and afternoon traffic at the intersection and indicated the traffic does not appear cong-ested. Mr. Pautsch described the off-site improvements done by !\1cDonnell Douglas to comply with their Specific Plan and stated they are surprised with the flyover project which was not proposed at the time of their development and would have major impacts. He felt that if cevelopment of the Face Track property is generating the traffic then that property owner should pay for the improvements. !\1r. Bart Brown, Coldwell Banker, stated he has been working with Mr. Farvey on the proposed retail center at the southeast corner of Valley View/Katella anc:1 his two primary concerns are the flyover's impact on visibility of tenants in the center and fact that a high speed of traffic could deter patrons from turning into the businesses. Mr. Buck .Jones, Coldwell Banker, stated that retailers are not risk takers and they would prefer a competitor to take a chance on property that is affected by a flyover. . a7B City Council Minutes January 12, 1987 Ms. Lisa Mills, Orange County Transportation Commission staff member, presented a video of a flyover located in Clearwater, Florida, which separates two major interstates. She reported the structure took 18 months to construct, it is all concrete and does not have see- through columns as proposed for Cypress, and it is surrounded by major development on all four corners. Ms. Mills asked that the Transportation Commission be notified as soon as possible if the City decides not to proceed with the project. Mayor Kanel asked if the City's traffic consultant had any comments. - Mr. Herman Basmaciyan stated their report looked at the traffic impacts associated with full development of the Business Park, and the Valley View/Katella intersection was identified as heavily congested and the grade separation was identified as one method of solving the traffic problems effectively along with other improvements. He stated that proposed development on the Race 'rrack property was included in their analysis. Mr. Basmaciyan described the traffic level of service designations. Mr. Essex encouraged the property owners to attend the meeting on Thursday when sta.ff will discuss all traffic mitigation efforts. The Coldwell Banker representative asked why the flyover "vas not proposed at an intersection with an "F" level of service. Ms. Mills indicated that with on-going development, the level of service will be at "E" or "F" by the time the project is completed which she estimated \Nould take two years. Mayor Kanel stated the Council vdll have the opportunity to get more input at Trursday's meeting and may make a decision on the flyover at the January 26 meeting. RECESS: Mayor Kanel recessed the meeting at 7:33 p.m. The meeting was called back to order at 7 :44 p.m. in the City Council Chamber with all Councilmembers present. Also present were City M:anager/City Clerk DarrelJ Essex, City Attorney Mark Huebscp, and staff members Barrett, Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg. Mayor Kanel announced that the Councill:ad held a workshop meeting with Business Park - property owners on the proposal for building an overpass at Valley View/Katella. ;fl PLEDGE OF ALLEGIANCE: Councilman Davis lee the pledge to the flag. ORAL COMMUNICATIONS: Mayor Kanel asked if anyone wished to speak in regard to any matter that was not on the agenda. He stated that Councilman Coronado had requested that Item #43, Consideration of Acquisition of the Los Alamitos Golf Course, be removed from the agenda, and that the Council would not (liscuss the item. Councilman Mullen asked 'Arhy the item was being removed. Councilman Coronado stated he would like to take action to acquire the property so that it remains in the City's care, but he was requested by Mayor Kanel not to bring the matter up for discussion tonight for various reasons. Members of the audience requested that Item #45 and Item #39 be taken out of orcler. Mr. Jack Swank, 9849 Via Sonoma, Cypress, expressed his concerns over the closure of the Los Alamitos golf course. I"~r. Swank questioned why Hollywood Park closed the golf course and stated he expected the Council to consider this matter now and, in addition, make cleily inspections of the golf course. Mr. Swank reported that there is inadequate security on the property and many hazards exist there at night. He stateci Hollywood Park has options available to them rather than destroying the golf course. He stated the concerned Cypress citizens are requesting the Council to protect the golf course as well as the safety and welfare of the citizens. He asked if eaily inspections are possible. Mayor Kanel informed him that under new amendments to the Brown Act, the Council cannot place an item on the agenda and act on it right aVlay. ....""~ The City Attorney reported that under amendments to the Brown Act, effective January 1, agenda items must be posted 72 hours in advance of the Council meeting; the Council no longer has the ability to add items to the agenda and take action on them, but an item which arose after the a.genda v'as prepared which meets the emergency criteria of the Act can be added to the agenda by a majority or 2/3 vote. He stated that if the Council added an item and took action on it in viola.tion of the 72 hour notice requirement, then potentially the action would be invalid. l\~r. Huebscn indicated that for items coming from the audience the Council could place the item on a subsequent agenda or direct staff to study the matter. He stated the Council lacks authority to act on the golf course maintenance item tonight because the item was not on the agenda and does not seem to fit the exception criteria. -2- . 279 City Council Minutes January 12, 1987 ]\"~r. Essex asked if staff could acknowledge that they heard the concerns expressed by the puhlic and that they will proceed with the matter and report hack at the next meeting. J\1fr. Huebsch stated there would be no prohlem with that action. Councilman Mullen asked the City Attorney if the Council could discuss the golf course maintenance since this matter seems related to the item regarding acquisition of the golf course. The City Attorney indicated that he felt maintens.nce of the p:olf course and acquisition of the golf course were separate issues, and a conservative course of action would be to discuss the item at a subsequent meeting'. Pe also indicated that, based on the facts presented tonight, he did not feel there was a showing of emergency as provided in the Brown Act. Mavor Kanel stated that the Citv !\~anager has heard the concerns and is aware of the safety ... . . ~ . and welfare of the community, an~ staff has in<Ucated how they will proceed on matters that are not of an emergency nature. Mr. Swank reported that he visited the golf course twice recently after 9:30 p.m. and did not see any security personnel. He reporte0 that over the ~1ears ki~s have fished in a lake on the property which is about 14 feet deep and on occasion they hac to be pulled from the lake by golfers. He stated he assumed that there still was liquor in the clubhouse. ~/'r. Swank stated that a greenskeeper is present and will discuss ways that a golf course can he destroyed. He felt there was some way the City could stop destruction of the golf course. l\Jr. Gene Falsith, 4122 Green Street, Los Alamitos, golf superintendent for 25 years, reporter} that the greens must be maintained with fungicide, pesticide and insecticide treatment, tree trimming, air circulation, and mowing everv two or three days or they will be destroyed. He reporte~ that resodding the greens would cost $20,000 8nd it would take 6 months before play could resume. ''Ir. Swank requested that the City inspect the golf course daily or every other day if legally possible. Councilman Davis asked abollt the City's abilitv to enter private property. 'T'he City Attorney stated the f'ity is not entitled to enter the property unless it's enforcing' some code at the time. He indicated that the City would have to prepare declarations and describe the potential hazardous condition and seek a court order that the property be inspected, but he doubted that a court would approve an on-going inspection program if the purpose is to assure that the greens aren't deteriorating rather than ascertaining if there is a hazardous situation which can be done on one visit. He stated the other alternative would be obtaining the property oy'ner's consent to enter tl1e property. Mr. Huebsch addressed the issue of juveniles entering the property anc stated that would not create municipal exposure since it is private property; just as the City has limited ability to enter the property it also has no responsibility for maintenance of the property. He indicated that if the court felt there was a hazard it may allow a City inspection once but it probably VJould not order security posted or property inspection on a weekly basis. Councilman Coronado felt it was wrong that the City was not taking action because this is private property. Pe stated the public is insisting that something be cone because the property owner is posing a danger to the citizens. Mayor Kanel stated the City Manager will contact Hollywood Park and investigate the concerns. !V'r. Essex indicated that removing the lake as a hazard could cause further deterioration of the golf course. He stated that if the City began daily inspection of the golf course it could be assuming the liability Associated with that on-"-going inspection, and there may be questions about the City using public funds on private property. He stated he would investigate these issues, and staff will proceed with the idea of mitigating the hazards and protecting the community's general welfare. Mr. L. Tice, 4584 Shasta Circle, Cypress, asked how the number of golfers in Cypress compared to the total population, and whether it was the Council's concern what property owners do with private property. He stated the speakers are not necessarily representing all people in Cypress. Councilman Mullen moved to close discussion of this item. The City Attorney stated that the limitation on what the Council can act on is not applicable to subjects which the public may address. He indicated that at present there is no rule to limit talk from the public, and this is an area where the Council may wish to adopt rules limiting the time for public participation. -3- 280 City Council Minutes January 12, 1987 It was moved by Councilman Mullen and seconded by Councilwoman Arnold to close debate on the matter of the golf course. The motion carried by the following roll call vote: A YES: 3 COUNCILMEMBERS: Arnold, Davis & Mullen NOES: 2 COUNCIL MEMBERS: Coronado & K anel ABSENT: o COUNCILMEMBERS: None Mr. Anthony Hughes, 4991 Newman Avenue, Cypress, stated that if the Council didn't talk so - much more people in the audience could speak. RECESS: The I\'Tayor called a recess at 8:50 p.m. 'rhe meeting was ca1Jed back to order at 9:05 p.m. with all Councilmembers present. Mayor Kanel asked if there were any more Oral Communications. Mr. lV'ike Gritchen, 11691 Malden, Cypress, asked if the public would be allowed to speak on Item #40 regarding cable television. Mr. Anthony Hughes, 4991 Newman Avenue, stated that it is unsafe for children to cross Moody Street opposite the park because of the high speed of traffic. He stated the OJlly protection there is a painted crosswalk, and a flashing yellow signal is needed. Mayor Kanel stated that staff will investigate this item and it will he referred to the Traffic Commission. CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE #86-5, RETIREMENT HOTELS: Mayor Kanel opened the public hearing and the Planning Director presented a report dated December 29 transmitting the original report dated October 9. She requested policy guidance from the Council in determining standards, regulations and zoning for retirement hotels. Councilman Coronado requested that there be a clear definition of "elderly" occupants and how the determination is made. Mayor Kanel stated that the type of retirement hotel under consideration is for ambulatory tenants, and the person interested in developing one owns ~ property in the RM-20 zone. Mr. Jess Black, 5422 DeLong Street, Cypress, stated a retirement hotel would not make great demands for City services or be a noisy development. He stated he owns 1 3/4 acres on the west side of Walker, south of DeLong. Mr. Black suggested that the City ordinance permit retirement residences in the multiple-family zone and contain the following standards: a minimum one acre site, a density of 50 units/acre, .25 parking spaces/unit, and an age limit of 62 for occupants. There was no further public testimony. Councilman Davis recommended that there be a clear distinction between retirement hotels v'hich are commercial husinesses and private homes for the elderly. Councilman Mullen stated he favored this type of facility being allowed subject to a conditional use permit but limited to the CH Zone since it is a commercial operation. He felt the parking criteria should be related to the age restriction. He suggested one parking space per unit and a minimum dwelling unit size of 400 square feet. Mayor Kanel suggested that the parking standards determined by the age restrictions could be addressed in individual conditional use perm it applications. Council members Arnold and Davis agreed that the use should be restricted to the commercial zones. I\~ayor Kanel expressed support for allowing the use in a non-commercial zone and suggested that older properties in the City might be ideally suited and tt1is would not reduce commercial acreage on Lincoln Avenue. Councilman Coronado stated he did not want to - restrict the use to commercial zones only and he would like flexibility. He indicated there may be potential sites in the County area or on problem lots. He felt that .25 parking spaces per unit was inadequate. Councilman Mullen indicated that the loss of commercial property was a valid point and he was not adamant about his suggestions. Mayor Kanel suggested that photographs be taken of existing facilities and that staff investigate other cities' experiences with retirement hotels. He expressed concern about spill-over parking. Councilwoman Arnold expressed concern that a residential area might not have easy access for medical care/emergency vehicles. Councilman Mullen stated that for those reasons the use should be located on an arterial street, and it should also be located close to public transportation. -4- . 281 City Council I\Hnutes January 12, 1987 The Planning Director suggested that an overlay zone could be established for this use. She indicated that staff will draft the Ordinance based on the Council's recommendations. Mr. Essex stated that staff wiJ) recommend a standard for unit size. It was moved by Councilman lVullen, seconded by Councilwoman Arnold and unanimously carried to continue the public hearing to the February 23 meeting. PUBLIC HEA RING BE: APPLICATIO~ FOR SPECIAL PERMIT - SECONDHAND BUSIt-TESS - CARNATION'S THRIFT & GIFT SHOP, 5519 LINCOLN AVENUE, CYPRESS: Mayor Kanel opened the hearing and the City J\,lJanager presented a report dated January 6 indicating that no communications regarding the application were received and the Police Department's investigation found no reason to protest granting of the permit. The applicant, Carnation De Antonio, 5652 Thelma, La Palma, was present to answer questions. There were no other speakers. It was moved by Councilman Coronado and secol1derl hy Councilman Davis to close the public hearing and approve the Special Permit for Carnation's Thrift & Gift Shop. 'T'he motion unanimously carried by the following roll call vote: A YES: 5 COUNrILMFMBERS: Arnold, Coronado, Davis, lVTullen &. Kanel NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILr,1EMBEPS: None PUBLIC HEAPING RE: CONDITIONAL USE PERl\'!IT #86-35 AND PARCEL MAP #86-0412, 180-ROOM T-TOTEL INCLUDING RESTAURANT, COCKTAIl, LOPNGE, AND IV'EETJNG ROOlVS, NORTHWEST CORNER OF VALLEY VIEW STREET AND KATELLA AVENUE: Mayor Kanel opened the public hearing. The Planning Director stirn marized a report dated January 5 describing the application to construct a seven-story hotel and divide a 6.26 acre parcel into two parcels containing 2.91 acres and 3.35 acres each to facilitate future development. The applicant proposes the hotel on Parcell (2.91 acres) and a commercial office building on Parcel 2 (3.35 acres). The FAA issued a Determ ination of No Ha7.ard to Air Navigation for the proposed hotel on November 3 and recommended that it be obstruction marked and lighted in accordance with FAA standards. The Public Works Director transmitted a report dated January 12 recommending revised Conditions #6, 8 and 9. He explained the amended conditions and stated they were discussed with the applicant. Councilman Mullen requested that amended Condition #9 include the following language as contained in the original condition: "Perpetual maintenance of the landscaping and irrigation system on Katel1a A venue and Valley View Street parkways shall be the responsibility of the developer". Staff responded to questions from the Council concerning the development. r.lls. Joy Berry, Director of Corporate Development for Ramada Inc., 3838 E. Van Buren, Phoenix, Arizona, stated this is a commercially oriented hotel and they feel this is an ideal location. She described features of the hotel and reported it contains 4,000 square feet of meeting space which can accommodate 150 people. Mr. Bill Goltermann, Project Development Manager for McDonnell Douglas Realty, requested clarification of Condition #13 regarding TS1H measures. Staff explained the TSM program and indicated that the hotel is exempt from the assessment fee. Mayor Kanel asked if anyone wished to speak in support or in opposition to the application. Mr. Mike Gritchen, 11619 ""alden, Cypress, expressed concern whether adequate parking was provided for the hotel. Staff reviewed the parking requirements for the various hotel uses. Ms. Berry reported that Ramada's usual parking ratio is 1.] 8 spaces/room and 1.5 spaces/room are proposed for this hotel which is more than adequate. It was moved by Councilman Mullen and seconded by Councilwoman Arnold to close the public hearing and adopt the Resolutions by title only, titles as follows, approving C.lT.P. #86-35 and Parcel !\'ap #86-0412 suhject to the conditions, as amended, in Exhibits A, B, and c: RESOLUTION NO. 3176 A RES0LUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86-35 - '^lI'T'H CONDITIONS. -5- A 28~~ City Council Minutes January 12, 1987 RESOLUTION NO. 3J 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL !\'lAP NO. 86-0412 - WITH C0NDITIONS. The motion unanimously carried by the following roll call vote: A YES: 5 COVNCILIVTEMBERS: Arnold, Coronado, Davis, l\~ullen & Kanel ~ NOES: o COUNCILMEMBERS: None ABSENT: o C0UNCILMEMBERS: None PUBLIC HEARING HE: CONPITIONAL USE PERMIT #86-36, PJ1ESCHOOL, 6169 RALL ROAD: l\'Tayor Kanel opened the hearing. Mr. Essex reported that the applicant requested a continuance of the hearing to the February 9 meeting. It was moved by Councilman Mu1len, seconded by ('ouncilwom3n Arnold and unanimously carried to continue the puhlic hearing regarding r.u.p. #86-36 to the February 9 meeting. PUBLIC HEARING HE: ('ONDITIONAL USE PERMIT #86-37, LIQUOR STORE AND ('ONVENIENCF MA RKET, 5491 BALL ROAD, SUITES B & C: Mayor Kane] opened the hearing. The Planning Director presentee a report dated December 30 indicating that the application is to establish a liquor store and convenience market in a new shopping center at 5491 Ball Road in the CG-1 0,000 Commercial General Zone. "'he ('ity Manager reported that a letter protesting the application was received from Lucy Connor, 5224 Melbourne Drive. Mr. Ed Snow, 5610 E1 Parque, Long Beach, representing the applicant, Mr. To, indicated that they will have no prohlems complying with the conditions. He stated ~!fr. To has experience managing this type of business and they foresee no problems. Councilwoman Arnold stated she had problems with a convenience market/1iquor store at this location. She expressed concern over delivery truck maneuverability in the parking lot, their lack of visibility of pedestrians and kids on bikes, the safety hazard caused by trucks blocking parked cars, and the fact that there are only two driveways into the property. Councilman ~ Coronado stated he shared the concerns about ingress/egress and truck deliveries and felt this was not a good location for the store. Councilman Mullen stated he did not have concerns with the liquor store but the blueprint plans were difficult to read, and he requested that the hearing be continued so that he could review the circulation plan. Mr. Snow responded to the comments and indicated that customers spend a short time shopping at a convenience market, parking in the center is ample, access to the property is easy because of no median islands, the number of deliveries is less than 3 per day, and trucks can drive through the parking lot without having to turn around. Mayor Kanel asked if anyone wished to speak in support. There were no speakers. He asked for speakers in opposition. Mr. Cal Vanderhide, 9970 Barcelona, Cypress, stated he opposes the convenience TTlarket and liquor store, and there are 6 alcohol outlets on that corner. He suhmitted a petition signed by residents in the area opposing the store and stated more traffic is not needed. Mr. Steven Craig, ~958 Barcelona, Cypress, stated he opposes the convenience market and liquor store. The City Attorney indicated that the petition does not contain all the information required by the City's petition ordinance. ]\1rs. Donna 1\'1anuel, 9980 Barcelona, Cypress, stated there is extensive traffic behind the ..~ shopping center and another liquor store is not needed because there are three large supermarkets in the vicinity. Councilman Davis stated he could not support the project, he agreed abcut the proliferation of liquor stores, and he was concerned with the poor ingress/egress on the property. Councilmembers Kanel and Coronado indicated they did not support the project because of concerns over possible loitering and police problems, traffic problems, and the proliferation of liquor stores in the City. j\;lr. Snow spoke in rebuttal to the Council's comments. It was moved by Councilwoman Arnold anc seconded by Councilman Coronado to close the hearing and adopt the Resolution by title only, title as follows, denying ~.U.P. #86-37: -6- J- 283 City Council Minutes January 12, 1987 RESOLUTION NO. 3178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING CONDITIONAL USE PERMIT NO. 86-37. The motion carried by the fonO\~.'ing roll call vote: A YES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis & Kanel NOES: o COUNCILMEl\mERS: None ABSENT: o COUNCIL MEMBERS: None ABSTAINING: 1 COUNCILl\1EMBERS: Mullen PUBLIC HEAPING HE: ALLOCATION OF SPECIAL DISTRICT AUGMENTATION FUNDS: Mayor Kanel opened the public hearing. The Finance Director presented a report dated November 26 indicating that $697,979 of special district augmentation funds are available and recommending that they be allocated as fo]Jows: $190,000 to the Cypress Street Lie:hting District #2, and $507,979 to the Cypress Recreation and Park District. The Mayor asked if anyone wished to speak in support or in opposition to allocation of the funds. No one wished to speak. It was moved by Councilman Mullen and seconcied by Councilman Coronado to close the public hearing and adopt the Resolution by title only, title as follows: RESOLUTION NO. 3179 A PESOLUTION OF TPE CITY COUNCIL OF THE CITY OF CYPT?ESS ALLOCATING SPECIAL DISTRICT AUGMENTATION FtTND. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCII.1VIEMBERS: Arnold, Coronado, Davis, Mullen & Kanel NOES: o COUNCIL MEMBERS: None ABSENT: o COUNCIL1\1TErlBEFS: None CONTINUATION OF CONSIDEPATION OF TANK FARM STATUS REPORT: Mr. Essex presented a report dated .January 6 indicating that the City was advised by both the Air Quality Management District and Orange County Health Department that Edison's cleaning operation was not in violation of the air quality standards nor l1azardous to the health of the adjacent residential area, and the agencies will continue to monitor the situation. l\1rs. Katie Roethel, 5163 Melbourne, Cypress, asked where the test samples were taken and if they were taken while the operation was in progress. She reported the odor is still present and causes nausea and bronchial prohlems. l\/lrs. Roethel asked what process Texaco will use to clean their tanks and requested that the City monitor their cleaning operation. Councilman Coronado stateci he has requested that Texaco submit a plan informing the City how their tanks will be emptied and dismantled. l\!'ayor Kanel stated that the City will require an EIR for dismantling the tanks and he assured Mrs. Roethel that the Council shares her concerns. l\'Jayor Kanel requested that Tank Farm committee members Arnold and Coronado meet with the City Manager and provide tile Council with a committee report on the Tank Farm. CONSIDERATION OF REPORT ON INCOMPATIBILITY OF OFFICE: The City Manager presented a report regarding this matter dated January 6. Councilman Coronado stated that in September he requested the City Attorney's opinion on the legislative counsel's opinion on this matter. He indicated that he received a privileged com munication from the City Attorney and he was awaiting a public report by the City Attorney. The City Attorney indicated that he needed a consensus of the Council to waive the privilege from disclosure attached to attorney's advice. It was the consensus of the Council to hear the City Attorney's report. Mr. Huebsch stated the question he reviewed was whether the position of City Councilmember and member of the governing board of a community college district were incompatible. He stated it was his conclusion that the positions were incompatible, but the circumstance of an individual holding incompatible positions does not invalidate actions taken. \ -7- 284 City Council Minutes January 12, 1987 Councilman Coronado asked about the funds received as a Councilmember and 'whether the Councilman should be asked to make restitution. The City Attorney indicated that he researched this matter and the wei~ht of authority is that the money paid would have to be returned, however, he reported that there is a Charter provision (Section 103) which suggests that the person might continue to receive compensation based on service rendered until a successor is qualified and appointed. He stated there is ambiguity because of that Charter provision and he cannot answer yes or no. He stated the Charter does not affect the conclusion that the positions were incompatihle but it may affect whether or not an ~~ individual is entitled to retain monies or compensation he received for the discharge of his duties. The City Attorney also indicated that he felt the City Council compensation was a small amount and the costs of litigation very probably would exceed any cost of recovery. Councilman Mullen moved to receive and file this item. Councilman Coronado stated that he has received phone calls as to whether the rounciJ is trying to cover up the issue which he denied, an<" he asked why staff had not advised the Council that this was an illegal process which had been allowed to continue. Mayor Kanel stated that the former Councilman was advised of his position and was willing to continue to serve until challenged. Councilman navis indicated that it was improper to redress staff for operational policies that the Council should have established long ago. Pe stated the problem would not have occurred if there were written poJj('ies on how the Council members should operate within certain restrictions. He felt that the Councilman's request for information from the rity Attorne~l should have come from the entire Council. Councilwoman Arnold stated she agreed that there should be a rouncil ruling on ~'hat actions are al!ceptable for Councilmembers. Mr. Felix Lopez, 5661 Orange, Cypress, read a letter asking: what v'as the City Attorney's opinion on the holding of two offices and v.'hen was it renderecl.; why was no action taken by the Council or Attorney on the legislative counsel's opinion; were the City Manager and Cit~T Attorney aware of the Councilman's actions and why didn't they question him during the college board race; are certain Councilmembers or staff trying to cover up the breech of conduct; and why has the Council waited for a citizen to bring up the issue and not taken ~: remedial action. Mr. Lopez asked what the Council intended to do about the concerns addressed in Mrs. Talbott's letter. Fe staten that it is the feeling of many that only public censure can rectify the situation and the Councilman should he directed to make full restitution of all City monies received since taking office on the community college district board. Fe requested that the rouncil proceed with these remedial actions at the earliest opportunity. Mr. Lopez stated that two Councilmembers indicated that they questioned the former Councilman, and this constituted a challenge. Mrs. Alice Talbott, 421!l Dover Circle, Cypress, stated that the item was not brought up as a political issue because a Councilman was runninp; for higher office, and she became aware of the matter durinp: the past campaign. She indicated that it was not her job AS a private citizen to do what should have been done by the staff. ]\~rs. 'ralhott stated this political cover-up began a year ago when the Councilman took office, and the challenge should have been made then and should not have been left up to her to do. lHrs. Talbott asked that the Council take action to prevent such a situation from reoccurring. Councilman Mullen asked if the intent was to adopt a Council policy whereby the Council will be informed of any discussions of substance between the City Attorney anc an individual Councilmember. Councilman Davis indicated that such policy guidelines would not relate to minute issues. Councilman ~1ullen indicated that he supported such a policy. The City Attorney indicated that there are amhiguities when an individual Councilmember makes requests and it is unclear whether it reflects a consensus of the Council, and it would be easier if there were regular procedures concerning how advice is requested. Hearing no objections, the Mayor requested that the City Manager propose some guidelines. - !\1rs. .Jane Wosnik, 4480 Avenida Grenada, Cypress, also expressed concern with this issue. Mrs. Talbott asked to be informed when the report returns to the Council. CONSIDERATION OF COPLEY/COLONY CABLE SYSTEMS STATUS REPORT: Mr. Essex presented a report dated .J anuary 5. . -8- 285 . City Council Minutes January 12, 1987 Ms. Denice McCafferty, General Manager of Cypress Cablevision, 5595 Corporate Drive, Cypress, reported on problems with the cable system and steps they are taking to correct them. She stated that, as with any new technology, there are hugs that need to be worked out; she reported on some equipment failure that could not he foreseen and on manufacturer problems. Ms. l\"'cCafferty reported that the intermittent snow problem has improvec but the intermittent scrambling still exists and one possibility for this problem which affects Phase 3 mostly and part of Phase 2 is Edison's power supply. She reported that some subscribers have had power outages, and there may be some defective standby power which creates the temporary snow. She reported that they are investig-ating the power supplies, and Magnavox has a power line monitor unit which can be left in a home to determ ine if that is the problem. She reported that the automatic gain controls which relate to weather fluctuations are not working properly, and as soon as they are brought back with Magnavox they will finish sweeping the system and giving the proof of performance to the City, and at that point any problem within the City should be corrected. Ms. I\TcCafferty reported that SA1'COM 4F is going out and needs to be replaced; some channels like Nickelodeon and Bravo are coming in grainy at times; and the City is in a very high microwave path and once in awhile there is noise from that source. She stated most of the problems are corrected and the remainder should be corrected by early February. IV's. McCafferty reporte<'l that there was a 49% penetration rate hy the end of December; all institutions, except for a few schools, were given their free drops; and they increased the number of drops at the high school to 3. She reported that on 1\~arch 1 they are launching a new cable magazine that includes all satellite services; they are looking at doing a PaperVie\~' experiment in Cypress which will be Copley's first in California; and all Orange and Los Angeles County cable operators have agTeec on channel realignment where the first 35 channels will have the same designation. Ms. 1\.1cCafferty reported that the pay TV services prohibit Copley from providing their services to non-residential areas such as the fire stations, but Copley will discuss this matter when the contracts come up for renewal. Mr. Mike Gritchen, 11619 Malden, Cypress, stated that everything with his system goes wrong, and although the cable company has been cooperative and helpful it appears they don't know how to handle their equipment. He stated that all of the problems cited by Ms. McCafferty still exist at the south end of Cypress, and it is tJ'le consensus of everyone he has spoken to in the general area plUS others who live outsi<'le his area that the company's ability to correct the problems is inadequate. Mr. Gritchen stated this system does not give the features, performance, or reliability of half a dozen other systems. He objected to not being able to receive HBO in the early morning hours and the fact that the company does not have night personnel and a problem cannot be reported to them in the evening hours or on weekends. 'VTr. Gritchen stated he did not expect a repair man out at 2:30 a.m. but he expected someone in their operation to handle a problem if their equipment malfunctions. He stated the company is selling their service as a 24-hour service, but they are not providing it. Mayor Kanel requested that the Council receive a copy of Mr. Gritchen's comments and indicated that they would be transmitted to Copley Colony. He suggested that Ms. McCafferty could report back to the Council. Mr. Gritchen stated the system doesn't work as expected and he requested that the rouncil investigate the problems mentioned. He indicated that there has been more activity and response from the company since Ms. McCafferty became general manager. CONTINUATION OF CONSIDERATION OF CATV ADVISO'PY COfliTMITTEE REPORT ON CABLECAS'fING CITY COUNCIL l\"'EETING~: Mr. Essex presented a report dated .Tanuarv 6 which outHned additional equipment staff recommended for the proposed prograJTI. ,. Mr. Howard ]\;~Artin, 11530 Panay, Cypress, Chairman of the CATV Advisorv Committee, recommended that the Council cablecast their meetings as a means of informing the public about City business. He also recommended that the Council approve the Committee's proposal to fund public access programs. Council members ]\'1ullen, Kanel and Davis expressed support for the two programs, and Councilman Mullen requested that the items be continued to the next meeting. Hearing no objections, Mayor Kanel continued the item regarding cablecasting the Council meetings, and Item #41, Consideration of CATV Advisory Committee Proposal to Fund Public Access Pror.rams, to the January 26 meeting. EXECUTIVE SESSION: 1V'ayor Kane] called an Executive Session at 1:15 a.m. to discuss personnel and litigation matters (Items #49, 50 and 51). The Council reconvened at 2:20 a.m. with all ~VI em bers present. -9- 286 City Council l\Hnutes January 12, 1987 In regard to Item #51, Consideration of Potential Litigation Concerning Employment, a motion was macle by Councilman Mullen and seconded by Councilwoman Arnold that the Council take under submission the proposed decision by the Hearing Officer regarding Gary Gay, and that staff prepare propos~d findings. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILME~mEFS: Arnold, Coronado, Davis, Mullen & Kanel NOES: o COUNCIJ...ME!\-1BERS: None - ABSENT: o COUNCILMEl"RERS: None C'ONSIDEP ATION OF RENEWAL OF SUBSC'RIPTION TO THE LOCAL GOVERNMENT INFORlV!ATI0N NETWOl;'K (LOGIN): The Fimmce Director presented a report datec December 24 recommending renewal of the suhscription to LOGIN. It was moved by Councilman Mullen and seconded by Councilman Davis to authorize the renewal of LOGIN Service subscription with Control Data Corporation, Login Services, Box 0/MEV04A, l\HnneapoJis, Minnesota, for the period February 2, 1987 through February 1, 1988, in the amount of $2,800.00. The motion unanimously carriecl by the fol1owing rol1 call vote: A YES: 5 COUNC'ILMEMBEPS: Arnold, C'oronado, Davis, ]\.1uJ1en &. Kanel NOFS: o C0UNCILME)\,'RERS: None ABSENT: o COUNCIL MEMBERS: t--Tone CONSIDERATION OF AWARD OF CONTRACT FOR FOUR (4) PICK-UP TRUCKS, REQUEST FOR QU01'ATI"N #8687-18: The Finance Director presented a report dated Decemher 31 listing' four bids received for three 1/2 ton pick-up trucks and one 3/4 ton pick- up truck. It was moved by Councilman 1"1ullen and seconded by Councilman Coronado to accept the bid received from Gateway Chevrolet, 6125 Manchester Boulevard, Buena Park, and award them the contract to purchase four (4) pick-up trucks in the amount of $49,933.40. The motion unanimously carried by the following roll ca)) vote: ~ A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, l\.1ullen &. Kane] NOES: o COUNC'ILMF.MBERS: None ABSENT: o COUNCILMEMBEP.S: None CONSIDERATION OF A,^7ARD OF CONSTRUCTION COl':TPACT FOR THE PEl\IIOVAJ. AND REPLACEMENT OF STREET TREES AND REPAIR OF CURB, GUTTER, DRIVEl'lAYS, AND SIDEWALK FOR VA PIOUS STREETS IN DISTRICTS 13, 22, 23, 46 &. 47, CITY OF CYPRESS PROJECT #8717-90: The Public Works Director presented a report dated December 19 outlining 7 bids receiv~d. It was moved by Councilman Mullen and seconded by Councilwoman Arnold to determine that the lowest responsible bidder for Project #8717-90 is Pinco Construction Company, 4001 Mt. Vernon Avenue, Pomona, and award them the eontract in the amount of $186,534.03. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCJLMEMBEPS: Arnold, Coronado, Davis, Mullen & Kanel NOES: o COUNCILMEMBEHS: None ABSENT: o COUNCIL!\IIEMBERS: None CONSIDERATION OF RETENTION OF PPOFESSIONAL INSPECTION SERVICE FOP THE TREE REMOVAL PROJECT AT VARIOUS LOCATIONS IN THE CITY OF CYPRESS, PROJECT #8717-90: The Public Works Director presented a report dated December 18 and recommended that former City employee Taylor Moore be retained to perform the inspection servi ces. - It was moved by Councilman Mullen and seconded by Councilman Davis to: 0-> authorize a transfer of funds from the following accounts to Account #4018-11-496.27: 4001-11-496.27 $3,120.00 4006-11-496.27 1,622.00 4186-11-496.27 1,258.00 -10- 287 City Council Minutes January 12, 1987 (2) retain the professional inspection services of Taylor ~-Toore, 8536 Kern Canyon Road, Space 232, Bakersfield, California, per his proposal in an amount not to exceed $6,000.00. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILMEMBERS: None CONSIDERATION OF REQUEST FOR AN AMENDMENT TO THE TWO-YEAR FLECTmCAJ" MAINTENANCE CONTRACT WITH CALICO FLECTRIC: lVr. Beardsley presented a report dated December 23 requesting that the Council amend the contract by increasing the single project limit from $300 to $600. It was moved by Councilman Mullen and seconded by C:ouncilwoman Arnold to authorize an increase in the single project cost limit in its current open contract with Calico Electric from $300.00 to $600.00. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILME1\/TBERS: Arnolc1, Coronado, Davis, Mullen & Kanel NOES: o COUNCILlVEMBERS: None ABSENT: o COUNCIL\VIEMBEHS: None CONfHDERATION OF RETENTION OF PROFESSIONAL SERVICES FOR TRAFFIC COUNT DATA COLLECTION CITY-WIDE: l\:lr. Bear<lsley presented a report dated December 30 outlining two quotations received for performing traffic counts on the arterial streets. It was moved by Councilman Jlt~ullen and seconded by Councilman Davis to: (l) authorize a fund transfer of $8,779.00 from Account #4001-11-264.07 to Account #4186-11-264.07; and (2) retain the professional services of Newport Traffic Studies, 177 Riverside Avenue, Suite F, Newport Beach, for Traffic Count Data Collection City-wide, per tl1eir proposal in the amount of $8,779.00. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILMEIV'BERS: Arnol0, Coronado, Davis, lI:Tullen & Kanel l\J'OES: o COUNCILMEMBEnS: None ABSENT: o COUNCILMEMBERS: None CONSENT CALENDAR: All items ]jste<l on the agenda under "Consent Calendar" are to be considered by the ('ounci1 as routine and enacted hy one motion approving the recommendations on the agenda. It was moved by Councilman C:oronado and seconded by Councilman Davis to approve Consent Calendar Items #13 through #35. The motion unanimously carried by the following roll call vote: A YES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, !Vfullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: o COUNCJLME~BEnS: None Item #13: Motion to Approve City Councill'.'Hnutes of the Pegular ~:Teeting of December 8, 1986, Adjourned Fegular Meeting of December 15, 1986, and the Regular Meeting of December 22, 1986. Recom mendation: That the C:ity rouncil approve the Minutes of December 8, ] 986, December 15, 1996, and December 22, 1986, as suhmitted. Item #14: Motion to Introduce and/or A<lopt All Ordinances Presented for Consideration bv Title Only and to Waive Further Reading. ~ Item # 15: Consideration of Reappointment of Mr. George Unan as an Alternate to the Orange County Senior Citizens Advisory Council. Recommendation: That the City Council confirm the re-nomination of Mr. George Unan to serve as an alternate to the Orange C:ounty Senior Citizens Advisory C:ouncil. Item #16: Consideration of an Application for Alcoholic Beverage License Transfer Filed hy Stephen Floyd Farrier, DBA Deep's Liquor, 6326 Lincoln Avenue, #K, Cypress. Recommendation: Receive and file. -11- 288 rity Council Minutes January 12, 1987 Item #17: Consideration of an Application for an Original Alcoholic Beverage License Filed by Coast Development Corp., DBA C.A. Chicken's, 10205 Valley View Street, Cypress. Recommendation: ~eceive and file. Item #18: Consideration of an Application for Alcoholic Beverage License Transfer Filed hy Jae Ean ~f Soon Ja Park, DBA Liquor Shanty, 4982 Lincoln Avenue, Cypress. "'.... RecommendHtion: Peceive and file. Item #] 9: Consideration of Montl1ly Investment Report for the Month of Novemher 1~86. RecommeTldation: Receive and file. Item #20: Consideration of Penewal of the City/District Life Insurance Program Through Canaca Life. "Recommendation: That tl1e City Council authorize the rene",,'al of the City/District Life Insurance Program tl1rou~h Canada Life. Item #21: Consideration of Fmployment List - Police Dispatcher. Recommendation: That the rity rounci1 certify the Employment List for the position of Police Dispatcher as suhmitted. Item #22: Consideration of Employment List - Police Officer Trainee. Recommendation: That the City Council certify the Employment List for the position of Police Officer Trainee as submitterl. Item #23: Consideration of Resolution Commending Eagle Scout Peter H. Pang. Recommendation: That the City C'ouncil adopt the Resolution hy title only, title as follows, - commending Eagle Scout Peter H. Pang: PESOLUTION NO. 3180 A RESOLUTION OF THE CITY COel-JCIL OF THE CITY OF rYPRESS COJ\11\1FNDING BOY 8COPT PETER H. PANG ON ACHIEVING THE RANK OF EAGLE SCOUT. Item #24: Consideration of Claim for Indemnity Filed by the Law ()ffices of Madory, Bootl1, Zell and Pleiss on Behalf of Leon Powell. Recommendation: That the City Council officially reject the subject Claim for Indemnity. Item #25: Consiceration of Communication from the City of Inglewooc'! Relating to Assembly Bill No. 22, Which Repeals the January 1, 1988 ~unset Clause of the Parimutuel LegiSlation. Recommendation: That the City Council authorize the Mayor to transmit letters of support for Assembly Bill No. 22 to the appropriate State Lerislators. Item #26: Consideration of Agreement for Employment Relations Services as a Part of the Orange County Consortium. Recommendation: That the City Council approve the City's membership in the Orange County Employment Relations Consortium for 1987 and aut!1orize the Assistant to the City - J\,1anager to execute the Agreement with Liebert, Cassidy and Frierson for services as outlined in the report in the amount of $1,290. Item #27: Consideration of Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1986. Recommendation: Receive and file. Item #28: Consideration of the City Manager's Attendance to the League of California Cities' 1987 City Managers Department Annual Meeting. -12- 289 City Council Minutes January 12, 1987 Recommendation: That the City Council authorize the attendance of the City l\1anager to the League of California Cities' 1987 City Managers Department Annual Meeting to be held on February 18-20, 1987, in Monterey, California, and reimhursement for all actual and necessary expenses incurred. Item #29: Consideration of Acceptance of Weed Abatement of Seasonal and Recurring Weeds and Assessment for Weed and Rubhish Abatement for Phase II for the 1986-87 Program. Recommendation: That the City Council: (1) approve the contract change with Edlft'in ,vebber, Inc., of Huntington Beach, CaliforniEl", from the original award of $f\,8?0.OO to thE" final cost of $8,J 1 0.07; (2) accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work: Rn~ (3) adopt the Resolution by title only, title as follows, confirming weed abatement assessments and imposing special assessments as a lien on the parcels shown on Exhibit "A": FE~0LUTI0N NO. 3181 _. ~, f . A RESOLUTION OF 'rHE CITY COUNCIL OF 'T'HE CITY OF CYP'PESS CONFIRl\HNG THE REPORT 0F COSTS OF ABATE!\1ENT OF WEEDS, RUBBISH, 'REFUSE AND DIRT PUBLIC NUISANCES AND IMPOSINO SPECIAL A~SESSMENTS AS LIENS ON PA~CEL~ WITHIN THE CITY OF C;YPRESS. Item #30: Consideration of City of Cypress Lighting District No.2 - 1987. Recommendation: That the City C;ollncil adopt the Resolutions by title only, titles as follows: (1) Ordering the City Engineer to prepare a Preliminary T'?p.port for Cypress Lighting District ~TO. 2; and (2) Postponing the termination date of Cypress Lighting District No.2: RESOLUTION NO. 3182 A ~ESOLUTION OF THE CITY rOUNCIL OF TJ-lF. CITY OF CYPRES~, COUNTY OF O'RANGE, STATE OF CAT.JFOIlNIA, ORDERING THE CITY ENGINEER T() PREPA P.E A MAP, PLAf\TS, ~PErIFICATIONS, ESTIMATE AND PT?ELIMINARY REPORT, PURSUANT TO TITE PR0VISIONS OF DIVISION 14, PA ~T I, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AlI~ENDED, REFERRED 1'0 AS "STREET LIGHTING ACT OF 1919", FOR TBE INSTALLATION OF, THE FURNISHING OF ELECTnIC CURRENT FOR AND THE MAINTENANCE ()F A STREET LIGPTING SYSTEJ\If IN SAID CITY FOR A PERIOD OF ONE (]) YEAR, BEGINNING ,TANUA BY 1, IP-87, A NT' ENDING .JANUA RY 1, 1988. RESOL UTION r-U). 3183 A PESOLPTION ()F THE CITY COUNCIL OF THE CfT'Y OF CYPRESS POSTPONING THE TERMINATION DATE OF CYPRESS LIGHTING DISTRICT NO.2. Recreation &. Park District Matters: Item #31: Consideration of Claim Filed by Claire Weinherg. Recommendation: That the City Council, Acting as the ex officio governing Board of Directors of the Cypress Recreation &. Park District, receive and file this matter. Item #32: Consideration of Attendance of the Director of Recreation &- Park District to the 1987 California and Pacific Southwest Recreation anrl Park Conference. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation &- Park District, authorize the attendance of the Director of Recreation and Park J)istrict to the 1987 California and Pacific Southwest Recreation and Park Conference to be held on March 12-15, 1987, in San Francisco. Item #33: Consideration of 1987 Athletic Field Light Usa~e Fees. -13- / . f180 (!.,1. City Council Minutes January 12, 1987 ~ Recommendation~ That the City Council, acting as the ex officio governing Bo~rd of Directors of the Cypress Recreation & Park District, continue the athletic light usage fee at $6.42 for the calendar year 1987, as recommended by the Recreation and Community Services Commission. Item #34: Consideration of Concern of Rports Field Usage. Recommendation: Receive and file. ,..... Item #35: f;onsicleration of Employment List - Secretary (Cypress Recreation and Park District). Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park J1istrict, certify the Employment List for the position of Secretary as submitted. CONTINUATION OF CON~IDERA'T'ION OF SCHEJ1ULlt-TG AN IN1'EPVIElV SESSION FOR 1'RAFFIC COr/MISSION AND RECREATION & C0MMPNITY SERVICES COMMISSION APPLIC:AN1'S: Mayor Kanel requested that the Councilmembers determine alternate dates when they woulei be available for the interviev's, and he continued this item to the January 26 meeting. CONTINUATION OF C0NSlnERA1'ION OF THE TAXABLE INVES'T'~IfEN1' PEVENUE BONDS: Hearing no objections, Mayor Kanel continued this item to the ,Tanuary 26 meeting. CONSIDERA'T'I0N OF DESIGN "REVIEW COM'iTl1'1'EE NO. 86-47, 1'HPF.E-UNIT MUT,1'IPLF F ^ MIL Y DWELLING, 5592 (m ANGE A VE~PE: 'T'he Planning Director presented a report dateei Decem her 19 Clescrihing the application to construct two apartm ent units in back of an existing single-fam ily dwelling on property located at 5592 Orange A venue in the R NT-20 ResidentialllJ1ulti-Family Zone. She described the location of the parcel and aCljacent land uses. - It was moved by Councilman Mullen, seconded by Councilwoman Arnold ano unanimously carried to receive and file Design Review Committee No. 86-47. CONSIDERATION OF PROCESS FOR CONFOR!'v'!ING 1'0 THE NEW PROVISIONS OF THE BPOWN Af;T: Hearing no objections, I\"ayor Kane! received and filed this item. CONSIDERATION OF COMMENTS ON THE DRAFT ORANGE COUN1'Y HAZAP,POUR WASTE MANAGEMENT PLA N: The Public ~Vorks Director presented a report c'atec' ,January 6 describing the draft Ha7,ardous Waste Management Plan and transmittin~ staff's comments on the Plan. It was moved by Councilman Mullen, seconded by Councilman Davis and unanimously carrieei to receive and file the draft Orange County Hazardous Waste Management Plan anci authorize the Mayor to execute the letter (Exhibit A) which contains the rity's comments on tl1e draft Plan. CONSIDERATION OF SOIL RECLAMAl'IO!': AT THE C:ITY Y AnD FtTEL DISPENSING FACILITY, PROJECT #8426-90: Mr. Beardsley presented a report dateCl January 7 requesting authorization to unciertake one year of soil bio-reclamation at the City Yard Fuel Facility, and a supplemental appropriation from the General Fun<i of $17,200 to pay current invoices incurred in pump tests, and $208,000 for the hio-reclamation operation. Mr. Beardsley stated the soil will be treated on-site versus hauling it away which would triple the cost. He statec' the work may take longer than one year. It was moved by Councilman !V1ullen and seconded by Councilman Coronado to: (1) authorize """"" an appropriation from the fund balance of the General Fund and appropriate $226,000.00 to Account #4186-11-446.24 to cover the cost of the pump tests and one (1) year of bio- reclamation operation; (2) approve Contract rhange Order No.5 in the amount of $226,000.00 to Oil Recovery Systems, Inc., 20675 South Western A venue, Suite 204, Torrance, California; and (3) request a staff report on the total amount of funns expended to date on this project. Councilman Coronado asked if the bio-reclamation will correct the prohlem and whether it has been used on a similar scale elsewhere. -14- -, \, 291 . City Council Minutes January 12, 1987 Councilmembers Mullen and Coronado withdrew the motion and second. J; The Council continued this item to the next meeting and requested that staff report on the total costs of the project to date and on past experience with bio-reclamation. CONSIDERATION OF A JOINT MEETING '''liTH THE CYPRESS ELEMENTAP.Y SCHOOL DISTRICT'S BOARD OF TRUSTEES: The Council agreed to schedule the joint meetinl5 with the Board for 6:30 p.m. on Monday, February 2 at the Educational Media Center, to be followed by a budget workshop at the Civic Center. The Council will meet with the r.hamber of Commerce Board of Directors at 5:45 p.m. on February? before the School Board meeting. CONSIDERATION OF ACOUISITION OF PROPERTY AT 5406 WICKER DRIVF: Pearing no objections, 1\1ayor Kanel continued this item to the Januarv 26 meetim;. . COf\!SIDERATI()N OF APPROVAL OF COMMERCIAL WARRANT LISTS FOT? WARRA~'rS #18179 - #186J 3: It was moved by ("ouncilman Mullen an~ seconded by Councilman ("oronado to approve the ,,,Tarrant Lists for Warrants #18179 through #18613 in the total amount of $1,174,678.07. The motion unanimously carried by the following roll ("all vote: A YES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, ]\lfullen &- J(llnel NOES: o COUNCILlVTEMBERS: None ABSE~T: o COUNCILMEMBRRS: None In regard to Item #47 concerning the Soil Reclamation at the City Yard Fuel Facility, the Public Works Director requested that the Council authorize payment to the consultants, System Maintenance and Monitoring, Ground Water Technology, Inc., in the amount of $17,200.00. It was moved by Councilman Mullen and seconded by Councilmen Coronado to Authorize paym ent to the City's consultants for Project #8426-90 in the amount of $] 7,200.00. The motion unanimously carried by the following roll call vote: A YES: 5 C'OUNCIL1\"ErVTBEFS: Arnold, Coronado, Davis, Mullen &: Kanel NOES: o COUNCILMEMBERS: None ABSENT: o COUNCII,I\!fE,\IfBEP.S: None REC'ESS: 1\.-Tayor Kanel called a recess at 2:44 a.m. in order for the Council to convene as the Cypress Redevelopment A~ency. The Council meeting WAS called back to order at 2:45 a.m. with all Members present. ADJOURNMENT: Mayor Kanel adjourned the meeting at 2:45 a.m. to Monday, .Tamlary 26, at 6:45 p.m. l\'IA Y0 , ATTEST: -15- ". " ~