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Minutes 87-03-23 01li8 ,f {1 \J MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 23, 1987 The regular meeting of the Cypress City Council was called to order at 6:50 p.m. on Monday, March 23, 1987, in the Cypress City Council Chamber, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmembers Arnold, Davis, Mullen & Kanel ABSENT: Councilman Coronado Mayor Kanel announced that Councilman Coronado was on a business trip and would not be present. JOINT MEETING WITH THE CYPRESS YOUTH COMMISSION: Youth Commissioners Ashley, Doi, Espinoza, Jenniches, Margetich and Miller were present. The Commissioners described two major projects they are currently working on: developing a Senior Citizens' pass to special high school events such as sports games and music and drama shows, and a drug awareness video aimed at elementary age students. Chairperson Miller indicated that one problem with the Senior Citizens' pass is that the Cypress High principal felt the school may lose money. The Commission is drafting a letter about the program to be sent to other schools. Councilman Mullen suggested that the Council send a letter of support for the pass program, and Mayor Kanel requested that this item be placed on the next agenda. The Commissioners described the drug awareness video and indicated that they are seeking assistance from Copley-Colony. They reported that elementary school principals are enthusiastic but wish to review the video before making a commitment and they requested that the D.A.R.E. program be incorporated in the Commission's video. The Commissioners indicated that if the video is not completed by June, they would like next year's Commission to continue with the project. The Commissioners reported that their members have been attending the meetings of other City Commissions in order to get better acquainted. They reported that the Commission has been very active this year, and Youth Commissions from surrounding cities look to them for guidance. They indicated that they would like to be involved in recruiting new Commissioners for next year and they suggested that members be recruited from other schools such as Kennedy and Pacifica. The Commission asked about the status of the Senior Citizens' housing project and staff provided an update. RECESS: Mayor Kanel recessed the meeting at 7:17 p.m. The meeting was called back to order at 7:28 p.m. with Councilman Coronado absent. Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Celeste Brady, and staff members Barrett, Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg. PLEDGE OF ALLEGIANCE: Councilman Mullen led the pledge to the flag. PRESENTATION OF CERTIFICATES OF APPOINTMENT TO NEW COMMISSIONERS: Mayor Kanel presented the certificates of appointment to newly appointed Cultural Arts Commissioner Sandra Allen, Recreation & Community Services Commissioner Sheila Elkin, and Traffic Commissioner Ed Betar. PRESENTATION OF "SELECTIVE SERVICE MONTH" PROCLAMATION TO REPRESENTATIVES FROM THE CALIFORNIA SELECTIVE SERVICE SYSTEM: Mayor Kanel read a proclamation proclaiming April 1987 as "Selective Service Month" in the City of Cypress and he presented it to a representative of the California Selective Service System. The representative thanked the Council and stated that peace-time registration will lessen the time it takes to mobilize the country if there is a national emergency. ORAL COMMUNICATIONS: No Oral Communications were presented. PUBLIC HEARING RE: APPLICATION FOR A NON-EXCLUSIVE TAXICAB FRANCHISE- YELLOW CAB COMPANY: Mayor Kanel declared the hearing open and the City Manager presented a report dated March 16 describing the application. Mayor Kanel asked if anyone wished to speak in support or in opposition to the application. No one wished to speak. ~.I 349 City Council Minutes March 23, 1987 It was moved by Councilman Mullen and seconded by Councilman Davis to close the hearing and approve the Non-exclusive Taxicab Franchise to the Yellow Cab Company for a period of one year. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado PUBLIC HEARING RE: CONDITIONAL USE PERMIT #87-5, CHINESE FAMILY-STYLE RESTAURANT, 11515-11517 KNOTT STREET: Mayor Kanel opened the public hearing and the Planning Director presented a report dated March 13 describing the application. Mrs. Eynon reported that a letter was received today from Mr. and Mrs. Schreiber, 6911 Orangewood, who did not feel it was fair to place a Chinese restaurant at this location because there are three others at Knott and Katella. Mr. Joe Wolf, 526 Rimpau, Los Angeles, the property owner, asked if the Council had any questions. Mr. Jack Thompkins, 11511 Knott, Cypress, owner of the printing shop in the center for nine years, stated that he is looking forward to the aoplicant's business. There were no other speakers in support or in opposition. It was moved by Councilman Mullen and seconded by Councilwoman Arnold to close the hearing and adopt the Resolution by title only, title as follows, approving C.U.P. #87-5 subject to the ten conditions recommended by staff: RESOLUTION NO. 3211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87-5 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado PUBLIC HEARING RE: CONDITIONAL USE PERMIT #87-7 AND DESIGN REVIEW COMMITTEE #87-13, RETAIL/OFFICE BUILDING AND RESTAURANT WITH ONSITE BEER & WINE SALES, 5735 LINCOLN A VENUE (NORTHWEST CORNER OF LINCOLN A VENUE AND LOS ALTOS DRIVE): Mayor Kanel opened the hearing. The Planning Director presented a report dated March 16 describing the proposal to construct a two-story retail/office building, and a one-story restaurant with onsite beer and wine sales. Mr. Tom Bruno, representing Isacc Inc., 1665 E. Fourth Street, Santa Ana, presented a colored drawing and slides showing the elevations and design features they propose. He reported that the dark green color of the awnings is less likely to fade, and the canvas awnings have a lifespan of 5 to 7 years after which they can be replaced. Mr. Bruno indicated that the applicant intends to maintain ownership of the project. He reported that the Sizzler Restaurant will have a sign composed of individual letters mounted on the building as well as a pole sign, and a ground monument sign is proposed for the other tenants. Mayor Kanel expressed support for a condition that would ensure that the canopies are maintained to community standards, and he requested that staff prepare a report for the next meeting regarding a maintenance standards ordinance. Mr. Bruno stated that the tenants are interested in seeing that the center does not deteriorate and they will call the owner if something needs to be repaired. Councilwoman Arnold stated that she was strongly in favor of new standards being developed for commercial centers. Mayor Kanel asked if anyone wished to speak in opposition. Mr. Leon Taylor, Danny Avenue, Cypress, owner of property to the north of the proposed development, asked if there will be windows on the north side of the two-story bUilding. Mrs. Eynon reported that there will be no second story windows facing residentially zoned properties (Condition #35). -2- '/ 350 City Council Minutes March 23, 1987 .. It was moved by Councilman Mullen and seconded by Councilman Davis to close the public hearing and adopt the Resolution by title only, title as follows, approving C.U.P. #87-7 subject to the 35 conditions, and receive and file Design Review Committee #87-13: RESOLUTION NO. 3212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87-7 - WITH CONDITIONS. ~:i~ The motion unanimously carried by the following roll call vote: A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado PUBLIC HEARING RE: CONDITIONAL USE PERMIT #87-4, ACUPRESSURE & HERB STORE, 4552 LINCOLN A VENUE: Mayor Kanel opened the public hearing and the City Manager reported that the applicant requested a continuance of the hearing to April 13. It was moved by Councilman Mullen, seconded by Councilwoman Arnold and unanimously carried to continue the public hearing regarding Conditional Use Permit #87-4 to the April 13 meeting. PUBLIC HEARING RE: WEED ABATEMENT PROGRAM FOR 1987: The Mayor opened the public hearing. The Public Works Director presented a report dated March 17 indicating that the hearing is to consider protests to the Weed Abatement Program, and no written protests have been received to date. Mayor Kanel asked if anyone wished to spea)( in support or in opposition. There were no speakers. It was moved by Councilman Mullen and seconded by Councilman Davis to close the hearing and adopt the Resolution by title only, title as follows: ~ RESOLUTION NO. 3213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING THE ABATEMENT THER EOF. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE #87-2: The Mayor opened the public hearing. The Planning Director presented a report dated March 16 indicating that the amendment would provide for a minimum structural lot coverage for existing dwellings on optional design lots of record in the RS-6,000 Residential Single-Family Zone. The amendment would allow 40% maximum structural lot coverage, or a minimum of 2,400 square feet of gross floor area, whichever is greater. Mayor Kanel asked if anyone wished to speak in support or in opposition. No one wished to speak. ~'~ Councilman Davis requested that the hearing be continued and indicated that he would like to discuss his concerns with staff. It was moved by Councilman Mullen, seconded by Councilwoman Arnold and unanimously carried to continue the public hearing regarding Amendment to the Zoning Ordinance #87-2 to the April 13 meeting. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #87-6, MINI-MARKET WITH OFF- PREMISES BEER AND WINE SALES, 5491 CERRITOS AVENUE: Mayor Kanel opened the hearing. Mr. Essex requested that the hearing be continued to April 13. -3- "\ :( 351 City Council Minutes March 23, 1987 It was moved by Councilman Mullen, seconded by Councilman Davis and unanimously carried to continue the public hearing regarding Conditional Use Permit #87-6 to the April 13 meeting. CONSIDERATION OF COMMUNICATION REGARDING THE BERM ADJACENT TO THE STANTON STORM CHANNEL: Mr. Essex presented a report dated March 18 which transmitted a letter from Mr. Bob Rizzie concerning the berm. Mr. Bob Rizzie, 6268 Dalca Court, Cypress, stated that there is a group of citizens concerned about issues coming up in the Business Park and one issue of concern is the berm. Mr. Rizzie provided the Council with a packet of information they prepared on the history of the berm issue. Mr. Brad Andrews, 11261 Montserrat, Cypress, stated that the residents want a commitment from the Council to reinstate the full berm on the north side of the channel between the homes and industrial development. He stated that their immediate concern is the Council's approval of the half berm concept which was made in conjunction with approval of Warland's parcel map. Mr. Andrews reviewed a chronology of Council actions relating to the berm design. He stated that the berm issue has brought to light the problem of lack of community involvement in initial planning stages. He requested that any further developments in this area be considered only with public input. Mr. Andrews stated that the half berm design would reduce by half the landscaping originally recommended by staff, move the business's parking lot, with attendant noise, 17 feet closer to the homes, and allow for placement of a maintenance access road immediately behind the berm. Mr. Andrews requested reinstatement of the full berm which had been committed to by the Council. He indicated that when an item, such as a parcel map, appears on the Council's agenda, citizens are usually unaware of the issues involved. Mayor Kanel explained that the additional area gained by the half berm would be used for parking and the area would not be used for more building. Mr. Andrews reported that a questionnaire concerning the bike trail was mailed to residents of the area but the berm was not addressed in the questionnaire because the residents had the impression that the Council had made a decision to stay with the full berm. Staff displayed drawings of three berm designs which had been considered by the Council. Mr. Rizzie expressed concern that the access road along the berm might be used as a detour if the arterial streets are congested. He stated that the half berm concept will bring cars 17 feet closer to the homes and create dirt, dust and noise problems. Mr. Rizzie stated that the residents near Valley View and Katella want the full berm. He asked how affected residents can become more involved in the planning process for the undeveloped land in the Business Park. The Council pointed out that public hearing notices are published in the News Enterprise and they suggested that citizens contact the planning staff to learn about pending activity in the Business Park. The Council also advised that residents can follow a procedure to have the Council agendas mailed to them. The Public Works Director described the three berm design plans. Mr. Carl Robertson, representing Warland Investments, reported that the key reason he proposed a half berm was because he felt the full berm that was built on the south side of the Cypress Land development was unsightly, and he was told by staff that citizen complaints had been received about its maintenance. He stated that he felt the half berm design is more attractive because it's heavily landscaped and it will contain more mature trees than the Cypress Land berm. Mr. Harold Diaz, 6121 Barbados, Cypress, stated that the residents appeared before the Council and received their commitment for the full berm. He stated that the residents want the landscaping to obscure the industrial buildings. Mr. Diaz stated that the half berm landscaping will not hide the development and he felt the residents will experience a lot of noise from the parking lot. He stated that a full berm will have denser foliage than a half berm. Mrs. Claudia Martinique, 6361 Cantiles, Cypress, reported that her home is the first one to the west of Mitsubishi and overlooks a beautifully landscaped area. She reported that the undeveloped land is being used for dumping, and she requested that the garbage be removed before construction begins. She expressed concern that a half berm will not provide a noise buffer, and she requested that the new building not contain windows facing her property. -4- 352 City Council Minutes March 23, 1987 It was moved by Councilman Mullen and seconded by Councilman Davis to refer this item to staff for study of the City's options and request that this item be placed on the next agenda. Mr. Fred Gerlach, 6391 Cantiles, Cypress, reported that dumping is occurring on the north side of the channel near Panasonic and he asked when this will be cleaned up. The Council requested that staff investigate the dumping problem. Mr. Beardsley reported that a grading permit was issued for the entire Warland parcel and lI1';;'''';~~ Warland can proceed with construction. Mayor Kanel asked if Warland could delay the construction. Mr. Robertson reported that this project is being developed concurrently with Phase 2 of the Fashion Plaza, they are already 30 days behind schedule, and he is reluctant to defer the matter for long. He stated that it is imperative that they complete this project and Cypress Fashion Plaza by November in time for the Christmas season, and he offered to meet with staff to examine the issue. Councilmembers Mullen and Davis amended the motion to request that the Mayor meet with Mr. Robertson and report back to the Council. The motion unanimously carried. Mayor Kanel stated that the spokesmen for the residents will be informed about what is happening. RECESS: Mayor Kanel called a recess at 9:20 p.m. The Council reconvened at 9:30 p.m. with Councilman Coronado absent. Mayor Kanel noted that persons were present for Item #21 on the Consent Calendar and he indicated that the Council's rejection of a claim and referral to the City's claims administrator is a routine action. Mr. Essex stated that following the Council meeting, a letter will be sent explaining the Council's action and a course of action that the claimants may wish to consider. 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. Councilman Davis requested that Item #29 be removed from the Consent Calendar and discussed in Executive Session. It was moved by Councilman Mullen and seconded by Councilman Davis to approve Consent Calendar Items #15 through #31 with the exception of Item #29. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCIL MEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado Item #15: Motion to Approve City Council Minutes of the Regular Meeting of March 9, 1987. Recommendation: That the City Council approve the Minutes of March 9, 1987, as submitted. Item #16: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item #17: Consideration of Resolutions of Commendation for Eagle Scouts Kevin Patrick Keough and Dale Michael Conner. - Recommendation: That the City Council adopt the Resolutions by title only, titles as follows, commending Eagle Scouts Kevin Patrick Keough and Dale Michael Connor: RESOLUTION NO. 3214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT KEVIN PATRICK KEOUGH ON ACHIEVING THE RANK OF EAGLE SCOUT. -5- :-',' .. 353 City Council Minutes March 23, 1987 RESOLUTION NO. 3215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT DALE MICHAEL CONNOR ON ACHIEVING THE RANK OF EAGLE SCOUT. Item #18: Consideration of Proclaiming April 3 - 10, 1987, as "Cypress Celebrates the Arts Week". Recommendation: That the Mayor and City Council officially proclaim the period of April 3 - 10, 1987, as "Cypress Celebrates the Arts Week" as requested. Item #19: Consideration of Resolutions Commending North Orange County Community College District's Board President Chris Loumakis and Immediate Past President Wallace R. Hardy. Recommendation: That the City Council adopt the Resolutions by title only, titles as follows, commending North Orange County Community College District's Board President Chris Loumakis and Immediate Past President Wallace R. Hardy for their service to the NOCCCD and to their fellow citizens: RESOLUTION NO. 3216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR. CHRIS LOUMAKIS FOR HIS DEDICATED SERVICE TO THE NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT. RESOLUTION NO. 3217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR. WALLACE R. HARDY FOR HIS DEDICATED SERVICE TO THE NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT. Item #20: Consideration of Proclaiming March 30 - April 4, 1987, as "9-1-1 Appreciation Week". Recommendation: That the Mayor and City Council officially proclaim March 30 - April 4, 1987, as "9-1-1 Appreciation Week" in the City of Cypress. Item #21: Consideration of Claim Filed by Daniel and Antoinette Puglia. 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 #22: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Custom Cuisines, Inc., DBA Pizza Pub, 6332 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item #23: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Chun-Ching Chen and Nobbert Yu, DBA Empress of China Restaurant, 4756 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item #24: Consideration of Proclaiming April 19 - 25, 1987, as "Consumers Week" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim the week of April 19 - 25, 1987, as "Consumers Week" as requested. Item #25: Consideration of Proclaiming April 25 - May 10, 1987, as "Imagination Celebration" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim April 25 - May 10, 1987, as "Imagination Celebration" period in the City of Cypres". Item #26: Consideration of Authorization for the Assistant City Manager to Attend the 8th Annual PRIMA (Public Risk and Insurance Management Association) Conference. -6- ., '-I , / 351 City Council Minutes March 23, 1987 Recommendation: That the City Council authorize the attendance of David Barrett, Assistant City Manager, to the 8th Annual PRIMA Conference to be held on May 17 - 20, 1987, in Seattle, Washington, and that he be reimbursed for all actual and necessary expenses incurred. Item #27: Consideration of Resolution Establishing Salaries for Temporary and Seasonal Employees. Recommendation: That the City Council, and acting as the ex officio Board of Directors of the Cypress Recreation & Park District, adopt the Resolution by title only, title as follows, - establishing salaries for temporary and seasonal employees: RESOLUTION NO. 3218 A RESOLUTION OF THE rITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION & PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTIONS NO. 3033, 3123 AND 3161, ESTABLISHING SALARIES FOR TEMPORAR.Y AND SEASONAL EMPLOYEES NOT PLACED UNDER THE GENERAL COMPENSATION PLAN. Item #28: Consideration of Parking Restrictions Along the North Side of Cerritos Avenue from Santa Clara Street to Santa Elise Street. Recommendation: That the City Council receive and file the report. Item #30: Consideration of Amendment to Design Review Committee #86-31 - 9105-9119 Valley View Street. Recommendation: That the City Council approve the Amendment to Design Review Committee #86-31, subject to the amended and additional conditions outlined in the report dated March 13, 1987. Item #31: Consideration of 1987 Neighborhood Watch Challenge Seminars. - Recommendation: That the City Council approve the allocation of funds in the amount of $1,320 for participation in the 1987 Neighborhood Watch Challenge Seminars as outlined in the report. In regard to Item #29, Consideration of Acceptance of the Heater Scarification, Overlay, and Reconstruction of Various Streets in the City of Cypress, Project #8704-90, Councilman Mullen expressed concern over the $200,000 contract change on a million dollar project which was submitted after completion of the project. The Public Works Director stated that staff is working on a policy procedure relative to contract change orders which should prevent a reoccurrence of this problem, and a report will be submitted to the Council in about one month. Mr. Beardsley reported that street sections can vary and the City does not always have data on streets built before the City was incorporated. He stated that the City was not required to have a lab report from the County for this project but staff requested their recommendations on the design. Councilman Mullen questioned why the item was placed on the Consent Calendar and requested that staff recommend some policy guidelines for items involving significant expenses. CONSIDERA TION OF REJECTION OF BID RECEIVED FOR ONE (1) TRAFFIC P AIN'T' TRUCK WITH UTILITY BODY, REQUEST FOR QUOTATION #8687-35: The Finance Director presented a report dated March 16 which indicated that bids were mailed to 10 companies and the Chamber of Commerce and one bid was received. Staff recommended that the item be re-bid to seek additional competition in the purchase of the specially designed paint truck. ~ Mr. Doug Russell, 10371 St. Albans, Cypress, representing the Bauer Coatings Division of the Whittaker Corporation, stated that their company worked hard during this bid process. He reported that during the writing of the specifications they brought two demonstration vehicles to the Corporation Yard to identify options and equipment, a rity crew visited the factory to see three different units being built, and they took the crew into the field to show trucks in different operations so that they could identify the City's needs. He reported that Bauer then called the Purchasing Department to make sure that: they were on the bid list. Mr. Russell provided the Council with a list of bid quotes accepted by other cities over the last 18 months, and he stated that their bid price was in line with what cities have been paying. Mr. Russell stated that Bauer submitted a competitive bid, and if the item is re-bid they cannot be competitive because their quoted price was given to a competitor. Mr. Russell asked why their bid was given out over the telephone and stated that they worked hard to qualify and meet the City's equipment needs. -7- 355 City Council Minutes March 23, 1987 In response to questions, staff reported that the notice inviting bids was published in the News Enterprise and also sent to the Green Sheet; bids were mailed on February 13 to companies and the Chamber of Commerce and the bid opening was held on March 6. Councilwoman Arnold asked if bids are sent by certified mail so that the City is informed that they are received. Staff indicated that they are sent by regular mail. Staff reported that they recom mended a re-bid because of the Council's previous concern and because a complaint was received from a company on the bid list who did not receive a bid. Councilwoman Arnold stated that she is concerned when the City receives only one bid and she requested that the Council review the bid procedure. She recommended that bids be sent out by certified mail, and that consideration be given to extending the time for bids to be submitted. Councilman Mullen requested that staff prepare a report on the bid procedure for the April 27 meeting. It was moved by Councilman Mullen and seconded by Councilman Davis to accept the bid from Bauer Coatings Division, Whittaker Corporation, 1021 N. Mission Road, Los Angeles, as the lowest responsible bid and award them the contract for one (1) Traffic Paint Truck with Utility Body in the amount of $31,794.70, and request that staff prepare a report on the bidding procedure for the April 27 meeting. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado CONTINUATION OF CONSIDERATION OF PETITION OBJECTING TO THE DEVELOPMENT IN THE CITY OF LOS ALAMITOS ON CERRITOS A VENUE, WEST OF DENNI: Mr. Essex presented a report dated March 18 and indicated that the Council's concerns were transmitted in a letter to the Los Alamitos City Council and he discussed the matter with their City Manager. He reported that the building met all Los Alamitos' zoning and setback requirements, and the Los Alamitos requirements meet and in some cases exceed Cypress' standards. Mr. Essex reported that the Police Department investigated the truck parking problem. Mayor Kanel reported that he spoke with the Mayor of Los Alamitos and their staff is working with the developer. They did not foresee a problem with the sight line and will do what they can with the windows and with landscaping. Mr. Fred Barker, 4244 Theresa, Cypress, indicated that Los Alamitos did not anticipate the sight line problem because the building is located across the street from the homes. He requested a ban on 18-wheeler truck parking on the north side of Cerritos Avenue. Councilman Mullen stated that staff will monitor the truck parking and if there is a problem the City will restrict parking. The Council received and filed the report. CONSIDERATION OF COMMUNICATION FROM MAYOR SAPIEN OF THE CITY OF STANTON REQUESTING POLICE ASSISTANCE: Mr. Essex presented a report dated March 18 which transmitted a letter from the Mayor of Stanton describing their police enforcement needs. Mayor Kanel reported that the letter was also sent to other surrounding cities. The Mayor read into the record a letter from Councilman Coronado dated March 23 which is on file in the City Clerk's office. Councilman Coronado indicated that he was in sympathy with Stanton's problem but the Council's first duty is to Cypress residents and he did not support reducing those police services which would result from Stanton's request. Chief Lowenberg reported that Cypress has a mutual aid agreement with Stanton whereby Cypress will supply limited police service when required, and in the past Cypress has used undercover officers for the prostitution problem. He stated that his concerns are whether a patrol check of Beach Boulevard for traffic or prostitution problems is a wise use of Cypress resources, and with the fact that Cypress officers helping with minor violations would have difficulty ignoring felonies being committed. Chief Lowenberg stated that Stanton's Police Chief understands Cypress' position. He recommended that Cypress not supply Stanton with uniformed officers in marked units for other than emergency situations. The Council requested that the Mayor send a letter to the City of Stanton supporting the Police Chief's recommendation. -8- 35ti City Council Minutes March 23, 1987 CONSIDERATION OF RESOLUTION ESTABLISHING SALARIES FOR. POLICE MANAGEMENT EMPLOYEES: Mr. Essex presented a report dated March 11 indicating that a one year salary agreement has been reached with the Police management group and Police Chief. Mayor Kanel read into the record a letter from Councilman Coronado dated March 23 which is on file in the City Clerk's office. Councilman Coronado indicated that he did not support the proposed salary increases because they are unjustifiably excessive for this period in time, and he expressed concern that the increases are based on maintaining a comparable and - competitive salary structure with the surrounding area. He noted that the financial positions of Orange County cities differ, and he recommended that the Orange County League of Cities be requested to formulate and implement a sensible and common wage scale for all Orange County city employees. It was moved by Councilman Davis and seconded by Councilwoman Arnold to adopt the Resolution by title only, title as follows, establishing salaries for Police management employees: RESOLUTION NO. 3219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 2884, ESTABLISHING SALARIES FOR CITY EMPLOYEES DESIGNATED AS MANAGEMENT PERSONNEL. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado CONTINUATION OF CONSIDERATION OF DESIGN R.EVIEW COMMITTEE #87-3, NEIGHBORHOOD SHOPPING CENTER NEAR THE NORTHEAST CORNER OF WALKER STREET AND BALL ROAD: The Planning Director presented a report dated March 17 and stated that the applicant wished to make a presentation regarding the development. Mr. ..... Essex submitted a report regarding vancancies in small commercial centers which showed 9 vacancies out of 92 units. Mr. John Swint, 707 W. North Street, Anaheim, architect for the applicant, presented five color options for the building. He reported that the canopies they propose are heavy plastic with a lifespan of 10 years and they are more durable and fade-resistant than canvas. Councilwoman Arnold stated that her orig-inal concern was that commercial centers were being approved on a case by case basis without uniformity. She suggested that the proposed center be integrated with the colors and design of the shopping center across the street and that the Council address future commercial centers. Mr. Swint indicated that uniformity of design can be monotonous and he suggested that his development could set the standard. He reported that he proposes a monument sign and 15- gallon Cypress trees and an 8-foot-high wall adjacent to the residences. Mrs. Eynon reported that the front landscaping area will be bermed. Mayor Kanel suggested sending a letter to the adjacent residents notifying them that a second wall will be constructed, and he inquired about planting taller trees for the homeowners' privacy. Mr. Shurish Patel, the applicant, stated that he would have to discuss a landscaping change with his partner. He stated that he would like to meet all City requirements and make the property beautiful. The Planning Director indicated that staff has found Cypress trees to be satisfactory. She lI!'!"IIlI recommended that the trees could be planted 12 feet apart. She stated that staff will contact the homeowners to get their response to the 8-foot-high wall and screening plan. Councilman Mullen suggested that the question of landscaping be continued until after staff has contacted the neighbors. Councilwoman Arnold expressed concern about banner signs being displayed at the rear of the building and suggested that the rear exits be used for emergen('ies only. She suggested that the canopy color be harmonious with the earth tones across the street and indicated that the orange canopy color is most acceptable. -9- ") '. , 357 City Council Minutes March 23, 1987 It was moved by Councilman Mullen and seconded by Councilman Davis to approve the architectural style of the building, continue the matter of the canopy color, landscaping plan and signing plan to the April 27 meeting, and that staff notify the homeowners of the proposed development. Mr. Essex recommended that the homeowners be invited to a meeting at City Hall to review the development plans. Mrs. Eynon stated that this would include review of the 20 foot setback, the wall, and type of landscaping. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONTINUATION OF CONSIDERATION OF THE STATUS OF THE LOS ALAMITOS GOLF COURSE: Mr. Essex presented a report dated March 18 and a copy of the minutes of the March 16 meeting held with Hollywood Park representatives. Mayor Kanel stated that he reported on the meeting to each Councilmember. Mr. Essex reported that there are parties interested in purchasing a portion or the entire property. Hollywood Park was advised that they may follow normal procedures and file a development application, and upon submittal the City Attorney will determine if the new plan is different from the original plans. Councilwoman Arnold reported that Hollywood Park does not consider the land to be a golf course any longer, and the Council suggested that Hollywood Park issue a press release to that effect. Hollywood Park indicated that they have discussed a possible sale of the land with several groups but no decision has been made. Mayor Kanel stated that Hollywood Park will issue a statement explaining why they closed the golf course. He reported that Hollywood Park has received several offers from organizations willing to buy the race track and perhaps lease it back, and there are other offers to purchase the entire property and close the track. The Mayor stated that new development proposals may be submitted within the next few weeks. Mr. Jim Broder, 4412 Patricia Drive, Cypress, suggested that the Council be aware when negotiating with a new buyer that the residents who live adjacent to the green area want it maintained, and the Council should be more informed about the plan they will be voting on. Mr. Broder stated that he is very concerned about the green area, and the Council should be aware of what's going to happen because it is a beautiful and valuable piece of property. Mayor Kanel suggested that if there is a new buyer, the Council should meet with them in a special session to find out what they plan for the property. The Council received and filed this item. CONSIDERATION OF AWARD OF AN ANNUAL SERVICE CONTRACT FOR REMOVAL AND DISPOSAL OF CITY-GENERATED HAZARDOUS WASTE: The Public Works Director presented a report dated March 16 outlining the bid results. It was moved by Councilman Mullen and seconded by Councilman Davis to award a one (1) year contract to Disposal Control Service, Inc., 1369 W. 9th Street, Upland, California, to provide quarterly removal and disposal of the City's hazardous waste located at the Corporation Yard, at the rates outlined in the report. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF A WARD OF CONTRACT FOR THE CONSTRUCTION OF STORAGE FILES, REQUEST FOR QUOTATION #8687-38: The Finance Director presented a report dated March 16 indicating that bids were mailed to six contractors and the Chamber of Commerce and one bid was submitted. Bids were mailed out on March 3 and the bid closing date was March 16. In response to Councilwoman Arnold's question, staff indicated that there was no urgency but they would like to complete the project. Funds for the purchase are included in the current budget. -10- 358 City Council Minutes March 23, 1987 It was moved by Councilman Mullen and seconded by Councilman Davis to accept the bid from McDonald Construction, 1743 Douglass, Suite H, Anaheim, for the construction of storage files at the Maintenance Yard and award them the contract in the amount of $5,700.00. The motion carried by the following roll call vote: A YES: 3 COUNCILMEMBERS: Davis, Mullen & Kanel NOES: 1 COUNCIL MEMBERS: Arnold ABSENT: 1 COUNCILMEMBERS: Coronado P'''I#.M, CONSIDERATION OF AWARD OF CONTRACTOR TO SUPPLY STREET SWEEPERS: Mr. Beardsley presented a report dated March 16 indicating that bids were requested from nine vendors and three bids were received. He reported that the City of La Palma is not interested in purchasing Cypress' used equipm ent and was included on Cypress' bid to purchase their own sweeper. It was moved by Councilman Mullen and seconded by Councilman Davis to: (1) approve a transfer of $3,345.00 from the unreserved fund balance of the General Fund to the Internal Service Fund and appropriate $3,345.00 to Account #4372-90-659-39; and (2) accept the bid of Public Works, Inc., 29 N. Olive Street, Ventura, California, as the lowest responsible bid and award them a contract for two (2) 1987 Tymco Model 600 Street Sweepers in the amount of $158,344.60 (including trade-in allowance of $5,000.00). The motion unanimously carried by the following roll call vote: A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado CONSIDERATION OF CHANGE OF CONTRACT WITH RICHARD L. WALKER, INC., FOR SEWER CLEANING SERVICES: The Public Works Director presented a report dated March 18 requesting a contract change to cover the additional cost of removing lime deposits which were restricting sewage flow in 75 manholes. It was moved by Councilman Mullen and seconded by Councilman Davis to approve the *""-"~ change of contract to Richard L. Walker, Inc. from $18,562.00 to $51,275.00. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCILlVTEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCIL MEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF A WARD OF CONTRACT FOR PURCHASE OF TROPHIES, REQUEST FOR QUOTATION #8687-32: The Recreation & Park Director presented a report dated March 11 listing three bids received. 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 Davis to accept the bid from G & G Trophy Company, 11791 Quartz Circle, Fountain Valley, as the lowest responsible bidder and award them the contract for the purchase of trophies for a two (2) year period from March 24, 1987 through March 31, 1989, in the amount of $4,407.40. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado CONSIDERATION OF A WARD OF CONTRACT FOR D.A.R.E. T-SHIRTS: The Police Chief presented a report dated March 17 recommending award of contract for the D.A.R.E. T- shirts to Boje Silk Screen. ""'"'" It was moved by Councilman Mullen and seconded by Councilwoman Arnold to authorize an appropriation of $3,127 from the unreserved fund balance of the General Fund to Account #4104-11-174-05, and award a contract to Boje Silk Screen, 9242 Walker Street, Cypress, in the amount outlined in the report. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado -11- 359 City Council Minutes March 23, 1987 CONTINUA'l'ION OF CONSIDERATION OF A JOINT MEETING WITH THE CABLE ADVISORY TV COMMIT'l'EE: Mr. Essex presented a report dated March 18 indicating that the item was continued from the March 9 meeting. The City Council scheduled the joint meeting with the Cable Advisory TV Committee for Monday, April 13, at 6:30 p.m. CONTINUATION OF CONSIDERATION OF CITY COUNCIL'S CONCERNS REGARDING THE RECENT BROWN ACT AMENDMENTS: Mr. Essex presented a report dated March 18. There being no objections, the Mayor continued the item to the April 13 meeting. CONTINUA TION OF CONSIDERATION OF FINANCING PUBLIC IMPROVEMENTS WITHIN THE CYPRESS BUSINESS PARK: Mr. Essex presented a report dated March 18 and recommended that the property owners who have land yet to be developed and who would be subject to the new ordinance fees be invited to attend the April 6 meeting. lIe stated that a subsequent meeting can be held with the property owners who have developed land and would be included in the assessment district. The Council scheduled the meeting for Monday, April 6, at 6:30 p.m. There being no objections, the Mayor continued the following items to the April 13 meeting: Item #40 - Consideration of Design Criteria for Small Commercial Developments in the CG Commercial General and CN Commercial Neighborhood Zones of the City of Cypress; Item #41 - Consideration of Change in Council Meeting Time. CONSIDERATION OF CITY COUNCIL'S CONSENT TO PURCHASE BY THE CYPRESS REDEVELOPMENT AGENCY OF CERTAIN REAL PROPERTY FROM THE CYPRESS SCHOOL DISTRICT AND AUTHORIZING A LOAN FROM THE CITY TO THE REDEVELOPMENT AGENCY: Mr. Essex presented a report dated March 18 and reported that the Cypress School District is requesting that escrow close on March 31. He reported that although the City has not yet received the HUD funds, there is minimal risk because the City could proceed with a housing project on the property using other funding sources. The Planning Director reported that the City's consultant submitted the final application to HUD and, in case escrow could not close by March 31, the consultant requested a continuance of up to six months but hopes to close escrow as soon as possible. Staff reported that v everything else is moving forward and the project looks favorable. It was moved by Councilman Mullen and seconded by Councilman Davis to adopt the Resolution by title only, title as follows, approving the agreement of sale and the loan hy the City to the Redevelopment Agency: RESOL UTION NO. 3220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONSENTING TO THE ACQUISITION OF REAL PROPERTY BY THE CYPRESS REDEVELOPMENT AGENCY AND APPROVING A LOAN BY THE CITY TO THE AGENCY. Councilman Davis noted that there were conflicting figures in the Note and Repayment Agreement. Mrs. Eynon stated that the amount in both documents should be $652,283. Councilman Davis recommended that the City exercise its right to a 30 day extension on the close of escrow and invite HUD representatives as well as Mrs. Lachina to the next meeting to discuss the status of the HUD funding. It was moved by Councilman Mullen and seconded by Councilman Davis to amend the motion and approve a 30 day extension for the close of escrow, and correct the purchase amount in the Repayment Agreement to $652,283. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado Hearing no objections, the Mayor continued the following items to the April 13 meeting: Item #43 - Consideration of the Cultural Arts Commission Terms; Item #44 - Consideration of Senior Citizens Commission Appointments. -12- C't 86-0'1 M' 1 Y ouncl mutes March 23, 1987 CONSIDERATION OF A NO SMOKING ORDINANCE IN CYPRESS: Mr. Essex presented a report dated March 18 indicating that the Mayor requested a discussion of this item. Mayor Kanel requested that staff be directed to survey other cities and the County and submit a model ordinance at the April 27 meeting. Councilman Mullen indicated that he was willing to consider a no smoking policy for the Council Chamber but he was not in favor of a City-wide policy because there was no pressure or requests from the community for such a prohibition. Councilman Davis stated that the Council can begin with a policy for the Council Chamber but he had not expected a policy for the entire City. Councilwoman Arnold indicated that she supported the Mayor's request to have staff survey other no smoking - ordinances. Mayor Kanel continued this item to the April 13 meeting. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS #19530 - #19791: It was moved by Councilman Mullen and seconded by Councilman Davis to approve the Warrant List for Warrants #19530 through #19791 in the amount of $501,960.24. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen &. Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado SECOND READING OF ORDINANCE RE: AMENDJVTENT TO THE ZONING ORDINANCE #87-1: It was moved by Councilman Mullen and seconded by Councilman Davis to adopt the Ordinance by title only, title as follows: ORDIN ANCE NO. 771 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 9.2 PROPERTY DEVELOPMENT STANDARDS: RESIDENTIAL ZONES; SECTION 9.3 PERFORMANCE STANDARDS: RESIDENTIAL ZONES; SECTION 16.1 LACK OF OFF-STREET PARKING; AND SECTION 17.7 ADJUSTMENTS; OF ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS - AMENDMENT TO THE ZONING ORDINANCE NO. 87-1. The motion unanimously carried by the following roll call vote: A YES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen &. Kanel NOES: o COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado RECESS: Mayor Kanel recessed the meeting at 12:20 a.m. in order for the Council to convene as the Cypress Redevelopment Agency. The meeting was called back to order at 12:22 a.m. with Councilman Coronado absent. EXECUTIVE SESSION: Mayor Kanel called an Executive Session at 12:22 a.m. to discuss the following litigation and personnel matters: Item #29 - Consideration of Acceptance of the Heater Scarification, Overlay, and Reconstruction of Various Streets in the City of Cypress, Project #8704-90; Item #38 - Continuation of Consideration of Employer/Employee Negotiations; Item #48 - Consideration of Possible Litigation Settlement in Pending Action Before the Orange County Superior Court. The Mayor called the meeting back to order at 1:03 a.m. with Councilman Coronado absent. ADJOURNMENT: Mayor Kanel adjourned the meeting at 1:04 a.m. to Monday, March 30, at ,ll'Y-'~ 6:30 p.m. in the Administrative Conference Room. ATTEST: 1 crr~i1iGt~~Y OF CYPRESS -13-