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Minutes 87-12-14 99 "INUTES OF A REGULAR "EETING OF THE CYPRESS CITY COUNCIL HELD December 14, 1987 The regular meeting of the Cypress City Council was called to order at 5:44 p.m. on "onday, December 14, 1987, in the Cypress City Council Chambers. 5275 Orange Avenue, Cypress, California, "ayor "argaret Arnold presiding. PRESENT: Councilmembers Davis. Kanel and Arnold ABSENT: Councilmembers Coronado and "ullen Also present were City Clerk/City "anager Darrell Essex. Assistant City "anager David Barrett, City Attorney Jerry Patterson and staff members Beardsley, Hurst and Lowenberg. ORAL COM"UNICATIONS: There were no oral communications. CONSIDERATION OF RETENTION OF PROFESSIONAL SERVICES FOR "ATERIALS TESTING AND CONSTRUCTION CONTROL FOR THE HEATER SCARIFICATION. OVERLAY AND RECONSTRUCTION OF VARIOUS STREETS IN THE CITY OF CYPRESS. PROJECT NO. 8754-90: The City "anager referred to the staff report dated November 20. 1987. which indicated that the services of Smith-Emery Co., in the amount of $15.900 will be approximately two percent of the construction cost. This firm.s work is satisfactory based on similar services performed for the City on previous jobs. COUNCIL"AN "ULLEN ARRIVED AT 5:49 P.". It was moved by Councilman Kanel and seconded by Councilman Davis to: 1 ) authorize a budget transfer from Account No. 4186-11-212.08 in the amount of $4,000 to Account No. 4189-11-212.08; and 2) retain Smith-Emery Company, 3148- Q La Palma Avenue, Anaheim, CA for the materials testing and construction control of Project No. 8754-90 and 8672-10-1193 per that firm's proposal in an amount not to exceed $15,900. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: . 1 COUNCILMEMBERS: Coronado ABSTAINED: 1 COUNCIL"E"BERS: Mullen Councilman Mullen abstained as he was not present for the full discussion of thi s item. CONSIDERATION OF AWARD OF CONTRACT FOR THE HEATER SCARIFICATION. OVERLAY. AND RECONSTRUCTION OF VARIOUS STREETS IN THE CITY OF CYPRESS. PROJECT NO. 8754-90 AND 8672-10-1183 (BALL ROAD): The Public Works Director presented a report dated November 20, 1987, which indicated the bid of R. J. Noble Company in the amount of $817,754.77 is the apparent low bid. It was moved by Councilman Kanel and seconded by Councilman "ullen to: 1) determine the lowest responsible bidder for Project No. 8754-90 and 8672-10- 1183 to be R.J. Noble Company and award a contract for the heater scarification, overlay and reconstruction of various streets in the City of Cypress to R. J. Noble Company, P.O. Box 620, Orange, CA in the amount of $817,754.77; and 2) approve Contract Change Order No.1 to R.J. Noble Company in the amount of $54,545 far Juanita Street. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF PURCHASE OF D.A.R.E. T-SHIRTS: The City "anager referred to the staff report dated November 30, 1987, which stated that D.A.R.E. T-shirts are provided to graduating sixth grade students and the D.A.R.E. logo will be stenciled on the T-shirts by Boje Silk Screen at a cast of $.75 per shirt, making the total cast per T-shirt $3.89 plus tax. 1 1 /~ City Council Minutes December 14. 1987 It was moved by Councilman Mullen and seconded by Councilman Davis to authorize an appropriation of $1.230 from the unreserved fund balance of the General Fund to account number 4104-11-174-05 and award the contract to Jack Nadel. Inc.. 9950 West Jefferson Blvd.. Culver City. CA for the D.A.R.E. AMERICA T-shirts and to Boje Silk Screen for the additional logo. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None .~ ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF ORANGEWOOD FLOOD CONTROL CHANNEL CLEANING CONTRACT: The Public Works Director referred to a report dated December 3. 1987 which described a situation in the Orangewood Channel that needs immediate attention. Growth of weeds and water plants have gone unchecked for an extended period to the point that the water flow is substantially checked and due to the flooding potential and approaching rainy season. staff recommended that the project be performed immediately. It was moved by Councilman Kanel and seconded by Councilman Mullen to waive the formal bidding process and award a contract for cleaning the Orangewood Flood Control Channel to Jimmie's Tree Service & Maintenance Co.. 4056 NA W. 135th Street. Hawthorne. CA in the amount of $4.485.00. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF AWARD OF ANNUAL PURCHASE CONTRACT FOR ASPHALT CONCRETE: The City Manager referred to the staff reported dated December 4. 1987 which indicated that All American Asphalt Co. will continue its prices at the present contract rate. All American offered the best price. their Westminster plant is close which reduces travel time and provides fresher. hotter material ~.~ and more productive crew time. It was moved by Councilman Mullen and seconded by Councilman Kanel to approve the renewal of an annual purchase contract with All American Asphalt Co.. P.O. Box 2229. Corona. CA for asphalt concrete for the period December 9. 1987 through December 8. 1988 at the rates quoted in the report not to exceed $5.600 for the contract period. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF RENEWAL OF MAINTENANCE CONTRACT FOR THE CLEANING OF CYPRESS VILLAGE PUBLIC PARKING AREAS (TRACT 8126): Mayor Arnold referred to the staff report dated December 4. 1987 which reviewed the weekly cleaning of 56 parking areas in District 42 by Larry Sweeden's Landscape Gardening Service. The gardening service is asking for a $10 a month increase to $240 per month. which would be the first increase since 1983 and amounts to 10S of the contract price. It was moved by Councilman Mullen and seconded by Councilman Kanel to renew the Maintenance Contract with Larry Sweeden's Landscape Gardening Service. 15189 Sierra Bonita. Chino. CA for weekly cleaning of the public parking areas in Tract 8126 for a period of 12 months at a monthly fee of $240. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF AWARD OF CONTRACT TO PURCHASE TWO ROLLING TOOL CABINETS: The staff report dated December 7. 1987 indicated that the two rolling tool cabinets will be used by staff in the City garage to store tools. testing and power equipment and provide mobile work benches. Snap On Tool Company indicated they can supply a roll tool cabinet per the specifications set by the City staff. 2 "; -- l /0/ City Council Minutes becember 14. 1987 It was moved by Councilman Hullen and seconded by Council~an Davis that Snap On Tool Company. P.O. Box 2700. Brea. CA is the lowest responsible bidder and award the contract to supply two S~ap On Hodel KR560 rolling tool cabinets to that company in the amount of $2.790.42. including tax. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILHEHBERS: Davis. Kanel. Hullen and Arnold NOES: 0 COUNCILHEHBERS: None ABSENT: 1 COUNCILHEHBERS: Coronado CONSIDERATION OF AWARD OF CONTRACT TO FABRICATE AND INSTALL CONFIDENTIAL FILE CABINETS. REQUEST FOR QUOTATION NO. 8788-27: The staff report dated December 7. 1987 indicated that bids were received to fabricate and install confidential file cabinets at the Cypress Police Department. It was moved by Councilman Hullen and seconded by Councilman Kanel to accept the bid received from G A Contracting. 1788 N. Neville St.. Orange. CA as the lowest responsible bidder and award the contract to construct and install file cabinets to this contractor in the amount of $4500. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCIlHEHBERS: Davis. Kanel. Hullen and Arnold NOES: 0 COUNCILHEHBERS: None ABSENT: 1 COUNCILHEHBERS: Coronado CONSIDERATON OF AWARD OF CONTRACT FOR PRINTING OF NEIGHBORHOOD WATCH NEWSLETTER. REQUEST FOR QUOTATION NO. 8788-28: The staff report dated December 7. 1987 indicated that bids for the printing of 12 issues of the Cypress Police Department Neighborhood Watch Newsletter. which is printed on a bi-monthly basis. were received in the Purchasing Office. It was moved by Councilman Mullen and seconded by Councilman Kanel to accept the bid received from Langdon Press. 2500 E. Fender. Fullerton. CA as the lowest responsible bidder and award the contract to this company for the printing of the Neighborhood Watch Newsletters for a two (2) year period (12 issues) beginning January 1. 1988. price per issue set at $786 for a total contract award of $9432. Councilman Davis suggested that if Langdon Press also prints the Cypress Newsletter. the combination of the two publications in future bids might be advantageous. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEHBERS: None ABSENT: 1 COUNCILMEHBERS: Coronado CONSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL POLICE BACKGROUND INVESTIGATIONS: The staff reported dated December 7. 1987 indicated that recruitment and background investigations have become a full-time job and the one person assigned to do backgrounds cannot complete all of the necessary backgrounds in a timely manner. Based on a Police Officer's top step salary plus benefits, a thirty hour investigation would cost $930 while the same cost from a private vendor would cost between $500 to $750. It was moved by Councilman Mullen and seconded by Councilman Kanel to award a contract to Crackel Investigative Services for professional service of police personnel background investigations at a cost of $500 per investigation plus $.26 for mileage. Partially completed investigations will cost $16 an hour with a minimum of five hours. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEHBERS: None ABSENT: 1 COUNClLHEMBERS: Coronado CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) POLICE ENFORCEHENT HOTORCYCLE: The City Hanager referred to the staff report dated December 8. 1987. which indicated the Police Department had secured a grant from the State of California. Office of Traffic Safety. to implement a Traffic Management Program. However. it was determined that the grant provides no funds for the purchase of a motorcycle and related equipment. The City of Costa Hesa and Champion Kawasaki have agreed to allow the City of Cypress to purchase one motorcycle under a competitive bid package at the unit price of $6014.30. including sales tax. 3 f., .-i /02- City Council Minutes December 14, 1987 It was moved by Councilman Mullen and seconded by Councilman Kanel to: 1) transfer $2500 from Account 4870-90-656-35. $1500 from Account 4877-90-656-35 . $1200 from Account 4878-90-656-35. $1000 from Account 4879-90-656-35. $750 from Account 4912-90-656-35. $1800 from Account 4381-90-6596-39 and $700 from Account 4387-90-659-39 to Account 4389-90-659-35; 2) determine that it is in the best interest of the City to dispense with formal competitive bidding pursuant to City Code Section 21A-8f; and 3) authorize the purchase of one police enforcement motorcycle under the City of Costa Mesa's contract with Champion Kawasaki. 1590 Newport Blvd.. Costa Mesa. CA in the amount of $6014.30. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold - NOES: 0 COUNCIlMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilman Mullen requested the removal of Item #17. Consideration of Claim Filed by Judith Albert Burton as Guardian Ad Litem for Clay Jeffrey Albert. a Minor. and Item #19. Consideration of Claim Filed by Bill Poppin. D.B.A. Pineo Construction Company for discussion during the Executive Session. Councilman Kanel requested the removal of the Minutes of the November 30. 1987 be held until the next meeting for further clarification. It was moved by Councilman Kanel and seconded by Councilman Davis to approve the Consent Calendar Items #12 through #29 with the exception of Items #17 and #19 and the Minutes of the Adjourned Regular Meeting of November 30. AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado - Item #12: Motion to Approve City Council Minutes of the Regular Meeting of November 23-24. 1987. Recommendation: That the City Council approve the Minutes of November 23-24. 1987 as submitted with Councilman Coronado abstaining on the November 24. 1987 section of the Minutes due to his absence at the meeting. Item #13: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item ##14: Consideration of Proclaiming December 13-19, 1987. as "Drunk and Drugged Driving Awareness Week" and Urging the Public to Drive Safely and Defensively During the Holiday Season. Recommendation: That the Mayor and City Council officially proclaim December 13-19. 198/. as "Drunk and Drugged Driving Awareness Week" in the City of Cypress and urge all citizens to drive safely and defensively during the holiday season, beginning Christmas Eve. December 24. and concluding at the end of the New Year's weekend. Item ##15: Consideration of Claim Filed by Paul Kline. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator. Carl Warren & Co., for - appropriate disposition. Item ##16: Consideration of Claim Filed by Robert Niederberger. Jr. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator. Carl Warren & Co.. for appropriate disposition. Item ##18: Consideration of Designating December 14. 1987 Through January 2. 1988. as "The Red Ribbon Season." Recommendation: That the Mayor and City Council officially designate December 14. 1987 through January 2, 1988. as "The Red Ribbon Season" by placing a red ribbon on the outside of the automobile as a reminder to not drink and drive. 4 / - - City Council Minutes December 14. 1987 103 Item ##20: Consideration of a Negative Declaration of Environmental Impact for Project No. 8803-10 - Lincoln Avenue Improvements Recommendation: That the City Council certify the Negative Declaration for Project No. 8803-10 - Lincoln Avenue Improvements. Item #21. Consideration of City Council Direction to Call Upon Property Owners. Residents. Business Owners and Existing Community Organizations in the Civic Center Redevelopment Project Area and the Area Proposed to be Added by Amendment Number One to Fill Vacancies on the Project Area Committee. Recommendation: That the City Council direct staff to call upon property owners. residents. business owners and community organizations within the existing and proposed Project Area to expand and fill the existing vacancies on the Project Area Committee. Item #22: Consideration of Annual Arterial Highway Financing Program Submittal - City of Cypress Project No. 8803-10 (lincoln Avenue). Recommendation: That the City Council adopt the Resolution by title only. title as follows. requesting inclusion in the 1988/89 Fiscal Year Arterial Highway Financing Program the improvements of Lincoln Avenue from Moody Street to the West City Limits. RESOLUTION NO. 3323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF LINCOLN AVENUE. Item ##23: Consideration of Preliminary City Engineer"s Report for Cypress Lighting District No.2 - 1988. Recommendation: That the City Council adopt the Resolutions by title only. title as follows: 1) Approving the City Engineer's Preliminary report for Cypress Lighting District No.2; 2) Intention to install improvements and maintain Cypress Lighting District No.2 for calendar year 1988; and 3) ~ Appointing the time. date and place for the public hearing on Cypress Lighting District No.2. as 7:30 p.m., January 11, 1988. in the City Council Chamber. RESOLUTION NO. 3324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. COUNTY OF ORANGE. STATE OF CALIFORNIA. APPROVING THE PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 3316 OF SAID COUNCIL. RESOLUTION NO. 3324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. COUNTY OF ORANGE. STATE OF CALIFORNIA. DECLARING ITS INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS. TO BE INSTALLED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1. 1988 AND ENDING JANUARY 1. 1989. RESOLUTION NO. 3326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. COUNTY OF ORANGE. STATE OF CALIFORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTEST IN RELATION TO THE PROPOSED IMPROVEMENT REFERRED TO IN RESOLUTION OF INTENTION NO. 3325. TO GIVE NOTICE OF SAID HEARING. Item ##24: Consideration of Employee Personnel File Record Retention Policy. Recommendation: That the City Council. and acting as the Ex Officio Board of Directors for the Cypress Recreation and Park District: 1) Adopt the Resolution by title only, title as follows. authorizing a procedure for the destruction of City and District employee personnel records; and 2) Authorize the destruction of the personnel records of the former employees set forth in 5 /.-- /L//f:o 10~ity Council Minutes December 14. 1987 Attachment A to the report in accordance with Government Code Section 34090.5 and the, City Council Resolution. RESOLUTION NO. 3327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. AND ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT. AUTHORIZING A PROCEDURE FOR THE DESTRUCTION OF CERTAIN PERSONNEL RECORDS. "....,... Item ##25: Consideration of Employee Assistance Program Contract Renewal. Recommendation: That the City Council. and acting as the Ex Officio Board of Directors for the Cypress Recreation and Park District. authorize staff to renew the contract with O.C.E.A.N. to continue to provide City and District employees with an Employee Assistance Program. Item ##26: Consideration of an Application for Alcoholic Beverage license Transfer Filed by Richard O. Munoz. D.B.A. Andy's Beer & Wine. 6271 Ball Road. Cypress. Recommendation: Receive and file. Item ##27: Consideration of the City of Cypress Investment Policy. Recommendation: Receive and file. Recreation & Park District Matters: Item ##28: Consideration of the Cultural Arts Commission's Cypress Friends of the Arts and "Cypress Celebrates the Arts 1988" Kick-Off Event. Recommendation: That the City Council. acting as the Ex Officio governing Board of Directors of the Cypress Recreation and Park District. appropriate - $2.700.00 from the fund balance of the General Fund to Account No. 4104-12- 331-10 for the Cypress Cultural Arts Commission"s "Picnic in January" themed party. which will be a one-time only event to recruit a broad based core group for establishing a not-for-profit friends of the arts support group. Item ##29: Consideration of a Fee Increase for the Youth and Adult Dance Classes. Effective Winter 1988. Recommendation: That the City Council. acting as the Ex Officio governing Board of Directors of the Cypress Recreation and Park District. approve the proposed fee increase for the Youth and Adult Dance Classes. effective Winter 1988. ORDINANCE: (Second Reading) It was moved by Councilman Mullen and seconded by Councilman Kanel to order the following Ordinance ready by title only. title as follows and to adopt the Ordinance: ORDINANCE NO. 791 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 8.A AND 14.2.A.4 OF ORDINANCE NO. 640. THE ZONING ORDINANCE OF THE CITY OF CYPRESS. KNOWN AS AMENDMENT TO THE ZONING ORDINANCE NO. 87- 8. ...,....."''''1'/1 The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF RENEWAL OF THE CITY LIFE INSURANCE AND LONG TERM DISABILITY PROGRAMS: The Assistant City Manager referred to the staff report dated December 4. 1987 which advised that the City/District"s Life Insurance and Long Term Disability Programs were placed with Canada Life Insurance Company in 1984 and there have been no rate increases since that time. Canada Life proposes to increase the LTD rate from $1.34/$100 payroll to $1.809/$100 6 / - / _, / "'7J , ,~- City Council Minutes December 14. 1987 105 payroll and would result in an annual premium of about $89.780 or an increase of $23.280. Staff recommended renewal of both plans through Canada life Insurance Company. It was moved by Councilman Mullen and seconded by Councilman Kanel to authorize the renewal of the City/District Life Insurance and LTD Programs through Canada Life Insurance Company at the rates indicated in the report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF RENEWAL OF THE CITY"S SELF-FUNDED MEDICAL INDEMNITY PLAN: The Assistant City Manager summarized the staff report dated December 4. 1987 which stated the City/District has successfully partially self-funded its indemnity medical plan since 1982 and the total insurance/administrative operating and maximum claims to be funded in 1988 will be $473.909. which is a 9.91 increase. The staff recommended the plan be renewed as outlined. It was moved by Councilman Mullen and seconded by Councilman Kanel to authorize the renewal of the self-funded medical program as outlined in the report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF RENEWAL OF THE FHP HEALTH MAINTENANCE ORGANIZATION PLAN: The Assistant City Manager recapped the staff report dated December 8. 1987 which described the FHP as the City/District pre-paid health maintenance organization medical plan. Annual increases since the inception of the plan in 1974 have been between 41 and 181 and this year. FHP has increased the cost for coverage 6.651 and added the In-Hospital Mental Health and Corrective Appliances benefits. It was moved by Councilman Mullen and seconded by Councilman Davis to authorize the renewal of the FHP pre-paid Health Maintenance Organization Program at the rates outlined in the report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel, Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF A PROPOSAL FOR A SAFEGUARD DENTAL PROGRAM: The Assistant City Manager recapped the staff report dated December 9, 1987 which advised that in 1984. the City/District"s Dental Program became fully self-funded since the dental experience was and has been very predictable. Safeguard Health Enterprises. Inc. has proposed a pre-paid FHP style dental plan with comparable benefits at significantly lower dependent premiums and somewhat lower employee rates. Staff recommended approval of the Plan since Safeguard is guaranteeing the rates for four years and will provide a dental plan for employees with dependents who cannot afford dental coverage at this time. It was moved by Councilman Mullen and seconded by Councilman Davis to authorize the placement on January 1. 1988 of a pre-paid dental program through Safeguard Health Enterprises. Inc. for four years at the rates and service levels indicated in their proposal of August 6. 1987. The motion unanimously approved by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis. Kanel. Mullen and Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado EXECUTIVE SESSION: At 6:34 p.m., Mayor Arnold called an Executive Session to discuss matters of litigation and personnel. COUNCILMAN CORONADO ARRIVED AT 7:34 P.M. 7 / r\ I /1 1 Q~y Counc i 1 Mi nutes December 14. 1987 The meeting reconvened at 7:45 p.m. with all Councilmembers present and staff members ,Beardsley. DeCarlo. Eynon. Hurst. leonard and lowenberg. PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Davis. In regard to Consideration of Claim Filed by Judith Albert Burton as Guardian Ad Litem for Clay Jeffrey Albert. a Minor. it was moved by Councilman Mullen and seconded by Councilman Davis to accept the staff recommendation to officially reject the subject claim and refer it to the City's Claims - Administrator. Carl Warren & Co.. for appropriate disposition. Regarding Consideration of Claim Filed by Bill Poppin. D.B.A. Pinco Construction Company. it was moved by Councilman Mullen and seconded by Councilman Davis to accept the staff recommendation and officially reject the subject claim and refer it to the City Attorney for appropriate action. The motions were unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None PRESENTATIONS: Mayor Arnold introduced Ms. Joan Edwards. Chairperson of the Cypress Heritage Committee. presented the members of the Committee: Elizabeth Van Hunnick. Maria Demaray. Carl Burden and Rose Feliciano who received an offical welcome from Mayor Arnold. Mayor Arnold. representing the entire staff and City Council. presented Councilman Kanel with a plaque honoring him as Mayor of Cypress and he expressed his pleasure and appreciation to the staff and Council for their assistance during the past year. ORAL COMMUNICATIONS: Mayor Arnold asked if anyone desired to speak of matters on the 7:30 Agenda. ....... Mr. Frank Simon. 9262 Nancy Street. Cypress stated the home he recently purchased in Cypress has a leaning block wall. which the City Inspector told him needed to be restored to its original condition. Mayor Arnold suggested and Mr. Simon agreed to bring his problem to the City Manager for inclusion on the next Agenda. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-19. SIX APARTMENT UNITS. 9532 WALKER STREET. It was moved by Councilman Mullen and seconded by Councilman Kanel to open the public hearing and continue Conditional Use Permit No. 87-19 to the meeting of January 11. 1987. The motion unanimously carried by the fol lowing roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: PUBLIC NUISANCE CONDITION LOCATED AT THE NORTHEAST CORNER OF CERRITOS AVENUE AND BLOOMFIELD STREET: It was moved by Councilman Mullen and seconded by Councilman Kanel to open the public hearing and continue this item to February 8. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None I""'~ ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-31. REYNOLDS RECYCLING CORPORATION. MOBILE RECYCLING FACILITY. It was moved by Councilman Kanel and seconded by Councilman Mullen to open the public hearing and continue Conditional Use Permit No. 87-31 to the City Council Meeting of January 11, 1988. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 8 107 City Council Minutes December 14. 1987 CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87- 27. RESTAURANT. 4453 CERRITOS AVENUE: Mayor Arnold declared the public hearing open. The Planning Director summarized the staff report dated December 8, 1987 which described revised plans indicating that two restrooms will be located in the rear of the restaurant and leasing an additional 307 square feet in order to obtain sufficient room. Staff recommended the approval of C.U.P. 87-27 subject to conditions. Mayor Arnold invited the applicant to step forward. Mr. John McCaughey. 3342 Bradbury. Rossmoor. stated that the restaurant would be serving char broiled chicken. Mayor Arnold asked if anyone wished to speak in support of or opposition to the application. No one wished to do so. It was moved by Councilman Kanel and seconded by Councilman Mullen to close the public hearing and adopt the Resolution by title only. title as follows approving Conditional Use Permit No. 87-27 subject to conditions. RESOLUTION NO. 3328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87-27 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87- 23 AND DESIGN REVIEW COMMITTEE NO. 87-44. RETAIL CENTER. MINI-STORAGE UNITS. AND THE SALE OF ALCOHOLIC BEVERAGES. 5892 LINCOLN AVENUE/9105 VALLEY VIEW STREET: Mayor Arnold declared the public hearing open. The Planning Director referred to the staff report dated December 8. 1987, which advised that this item was continued from the November 30. 1987 City Council meeting to separate the issues. The subject request has been broken down into five alternatives: 1) conditional use permit and design review approval of a retail center on the northern portion of two parcels at 5892 Lincoln Avenue; 2) conditional use permit and design review approval of a 108,550 square foot mini-storage facility on the southern portion of the two parcels at 5892 Lincoln Avenue; 3) design review approval of two additions totaling 8,663 square feet to the proposed retail center on a separate 33.450 square foot parcel; 4) conditional use permit approval of the offsite sale of general alcoholic beverages at a proposed liquor store/delicatessen at the retail center now under construction at 9105-9111 Valley View Street; and 5) conditional use permit approval of the onsite sale of beer and wine at a proposed Italian restaurant at the retail center now under construction on Valley View Street. Mayor Arnold invited the applicant. Mr. Herb Andrews. 18025 Skypark East. Irvine to speak and asked if there was any new testimony that Mr. Andrews wished to present. Mr. Andrews suggested focusing on Items ##4 and ##5 of the conditional use permit as these items relate to the portion of the project which is already well under construction. Councilman Kanel commented that Items #4 and #5 addressed permits for the sale of alcoholic beverages which are normally requested by the applicant and not the developer of the property. Mr. Andrews advised that he was unable to develop a new site plan prior to the Council meeting and none of the peripheral issues relating to the Nissan dealership have been resolved although some efforts have been made. He further advised that there have been no substantive changes since the last meeting on the Lincoln Avenue portion of the development. Councilman Mullen advised he was interested in knowing more about the specific uses of the permits for the sale of alcoholic beverages. Responding to Councilman Davis. the City Attorney advised that the items could be separated and some could be continued. others denied. Councilman Davis suggested resolving Items ##4 and ##5 then proceeding with the remainder of the items. Mr. Andrews. in response to Mayor Arnold. gave his permission to continue Items #1. ##2 and #3. 9 108 City Council Minutes December 14. 1987 After further discussion, the Planning Director stated the City Council can deny the application without prejudice, waive the filing fees and reapply under the separate conditional use permits. which would address the issues on this project without putting undue hardship on the applicant. The City Attorney advised several alternatives: deny without prejudice all the alternatives and allow the applicant to return with different proposals or take Alternatives ##4 and ##5. deny them without prejudice and then dispose of Alternatives ##1, ##2 and ##3. He recommended a denial without prejudice on all items. Mayor Arnold asked if anyone wished to speak in opposition to the application. ..... Mr. Gordon Mullens. 9340 Pecan Street. Cypress. owner of Nissan of Cypress. listed several issues that he had discovered and he would like the City Council to address ~<-~ those items at the next meeting. It was moved by Councilman Mullen and seconded by Councilman Davis that the public hearing on Items ##1. ##2 and ##3 remain open and these items be continued to the meeting of January 25. 1988 and to close the public hearing on Items ##4 and ##5 and adopt the Resolution by title only. title as follows denying, without prejudice. with re-application fees waived. RESOLUTION NO. 3329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING CONDITIONAL USE PERMIT NO. 87-23 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote. AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 81-4. PANASONIC FACILITY PHASE II. 6550 KATELLA AVENUE: Mayor Arnold opened the public hearing. The Planning Director recapped the staff report dated ....... December 3. 1987, which described an application that was continued to allow the applicant additional time to address design issues and the applicant chose to further address noise concerns in a revised plan by shifting all truck docks to the north side of the building. Staff believed this proposed revision provides the maximum possible protection for residents while still establishing a workable design for Panasonic's warehouse and distribution operations. Other similar warehouse buildings in the business complex could not provide truck docks on the north side of the building because the truck docks were not permitted to face a street; however. in this case. the new building would be behind the existing bUilding. The staff recommended C.U.P. 81-4 subject to conditions. The Mayor invited the applicant to step to the podium. Mr. Ben Riling. Zelman Development Company. 515 South Figueroa Street, Los Angeles. representing Panasonic, offered to answer any questions from the Council. Councilman Davis expressed his appreciation to the applicant for the revised plan which shifted all the truck docks to the north side of the bUilding. Mayor Arnold asked if anyone wished to speak in support of the application. Mr. James Sutherland, 11260 Providencia Street. Cypress. thanked the developer for his sensitivity to the neighbors by moving the loading docks to the north side of the building without opposition or demand. - Mayor Arnold asked if anyone wished to speak in opposition to the application. No one wished to do so. ;0; -,,'iJj 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 Conditional Use Permit No. 81-4, subject to conditions. 10 .~' ~ City Council Minutes December 14. 1987 109 RESOLUTION NO. 3330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 81-4 - WITH CONDITIONS. The motion unanimously carried with the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 87-11. AIR CONDITIONING UNIT IN SIDE YARD. 11521 LUZON STREET: Mayor Arnold declared the public hearing open. The Planning Director recapped the staff report dated December 7. 1987. which represented a request for a variance from Section 9.3.A. of the City of Cypress Zoning Ordinance to allow an existing air conditioning unit to remain within the side yard area. Because of the unusual circumstances. staff recommended a variance be granted with conditions. Notices of this public hearing have been posted. published and mailed to all property owners within a 300-foot radius and to date the staff has not received any communication regarding this matter. Mayor Arnold invited the applicant to come forward. Ms. Barbara La Favor. 11521 Luzon Street. Cypress explained that escrow cannot close unless the variance is granted. Mayor Arnold asked if anyone wished to speak in support of or opposition to the application. No one wished to do so. It was moved by Councilman Mullen and seconded by Councilman Kanel to close the public hearing and adopt the Resolution by title only. title as follows to approve Variance No. 87-11 subject to conditions. RESOLUTION NO. 3331 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING VARIANCE NO. 87-11 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: Non CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-26. CYPRESS EVANGELICAL FREE CHURCH. CYPRESS SKATEWAY PROPERTY. 6143 BALL ROAD. Mayor Arnold declared the public hearing open. The Planning Director summarized the staff report dated December 8. 1987 which represented a request to convert the existing Cypress Skateway property into a church and to partially fulfill the necessary parking requirements through the use of a shared parking agreement with an adjacent property owner. The parking requirements for the proposed two-story church include a minimum of 7.24 parking spaces. Because the existing property contains only 122 spaces, the applicant has entered into an agreement with the office building property owner on the west side of the site for shared parking of 102 spaces and is currently pursuing an agreement with the property owner to the east to serve as a reserve plan but no agreement has been reached. Copies of the notice of public hearing were published. posted and mailed to all property owners within 300 feet of the subject property and no comments have been received. The staff recommended approval subject to conditions. Mayor Arnold requested the applicant come forward. Mr. Bob Gilbert. Gilbert Engineering. 4552 Lincoln. Cypress expressed his appreciation for the cooperation and assistance from the staff and the City Counc il . He requested that the 60 day time frame for a landscape plan be modified. Mayor Arnold recommended addressing both the parking backup plan and the landscaping time frame requirement. 11 - --- (J / ,::- 11(}y Council Minutes December 14. 1987 The Planning Director suggested that the landscaping condition be amended to the effect that prior to the issuance of the building permit. the landscape plan would have to be submitted and approved and a cash deposit estimated by staff would have to be provided by the applicant. Mr. Gilbert stated he believed they had a backup parking agreement similar to the shared parking agreement already in effect and with this agreement. there would be surplus parking. The Planning Director explained that the conditional use permit will not be in - effect until the backup parking plan is received. The City Attorney suggested amending the license agreement to indicate the signatory had the authority of the organization. with notarization and position title. Mayor Arnold asked if anyone desired to speak in support of or opposition to the application. No one wished to do so. It was moved by Councilman Kanel and seconded by Councilman Mullen to adopt the Resolution by title only. title as follows to approve Conditional Use Permit 87-26 subject to the various conditions. and with the amendments to Condition ##15 and the license agreement. RESOLUTION NO. 3332 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87-26 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None - CONSIDERATION OF PUBLIC HEARING RE: DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) SORRENTO PLANNED COMMUNITY (TEXACO TANK FARM) 4743 E. BALL ROAD: Mayor Arnold opened the public hearing. The Planning Director emphasized that the purpose of the public hearing tonight on the Texaco Tank Farm site is for the City Council to review. take testimony on and to certify, if satisfied. the final Environmental Impact Report (EIR). In order to insure that all possible significant impacts are addressed in the document. the studies and the mitigation measures are aimed at the highest proposed density and specific review of the project plan. including the issues regarding the density. the landscaping. the parks. the sizes, etc.. of the parks, will be considered at a separate meeting. The Senior Planner summarized the staff report dated December 8. 1987 which described a request for the certification of the draft Environmental Impact Report for the proposed Sorrento Residential Planned Community. was made available for public review during a 45-day period from October 15. 1987 through November 30, 1987 and copies were sent to public agencies for comments and these comments are incorporated within the Final EIR. On November 17. 1987 the City conducted a special community meeting to share information on the Draft EIR and proposed Specific Plan. Specific comments on the Draft fIR are addressed in detail in the attached "Response to Comments" prepared by RBF, which include both written and the oral comments received at the special community meeting. The major issues ~. were: 1) soil and water contamination, 2) project density. and 3) traffic. The Senior Planner added two additional findings to the Resolution. Section 3. Items j and k. and were also added to the "Statement of Overriding Considerations" as ##7 and ##8. The additional items help to clarify the role of the EIR in the cleanup process of the tank farm site and that without a certified EIR 1) the removal of the tank floors and underground pipes cannot take place, and 2) continued cleanup of the project site including contaminated soil and water cannot take place. Staff recommended the City Council adopt the attached Resolution certifying the Draft EIR for the proposed Sorrento residential development. ,.. 12 ILl/ City Council Minutes December 14. 1987' 111 Responding to Councilman Kanel's questions. Ms. Katherine Bisch. Supervising Hazardous Waste Specialist. Orange County Health Care Agency. stated California is instituting more stringent regulations than the federal law and the County of Orange follows the state regulations. She further advised that the Agency will look at those areas identified as contaminated and take whatever remediation efforts necessary to return those levels to background. Ms. Barbara Eljenholm. RBF. advised that the EIR has taken a year to complete. has undergone a very thorough processing and addressed all the impacts as far as the site and development are concerned. There is also a 130 page "Responses to Comments" document that addresses matters not addressed previously in the EIR and the final EIR addresses all the environmental impacts and is adequate under CEQA. Ms. Dixie lass. Regional Quality Control Board. responding to Councilman Coronado's question on the possibility of well water contamination fro~ the contaminated water seeping down through fissures in the ground caused by earthquakes. stated she would have to look at a fault map to determine what the hazard would be and she further advised that she didn"t think it was a very likely possibility. Councilman Coronado asked that she look at the fault map and inform the staff of her findings. Councilman Davis asked if the contamination could move down through the soil over a period of time and asked that she also provide that information to staff. Mr. Lyn Liddell. Manager of Special Projects for Texaco Refining and Marketing. Inc.. 10 Universal City Plaza. Universal City responding to the possible contamination of drinking water. stated the remediation plan as submitted proposed that Texaco would remove and cleanup any contaminated water to the level of federal drinking water standards. Mr. Phil Cusell. Tri Hydro Corp.. Laramie. WY. stated that after the tank floors are removed and the soil is cleaned up along the known areas of contamination then the entire site will be bladed to a depth of one foot to see if there is any other contaminated soil. In response to Councilman Kanel. he answered that samples would not be taken of every tank bottom unless it was visibly contaminated and the principle contaminant on this site is crude oil or fuel oil which stains dark brown or black. Councilman Mullen indicated the prudence of conducting soil testing based on a grid to assure there are no nonvisual contaminants. Mr. Cusell advised that the proposal is to do a sampling plan on a grid across the exposed excavations of the known contaminated areas with a frequency of at least one sample per 2000 square feet and there will be further testing on all the soils that are stockpiled for transportation off the site. In answer to Councilman Mullen's question on offsite pipelines. Mr. Liddell responded that the pipelines are in active use and will continue to be used but will bypass the tank farm and any sections of piping that were made obsolete will be removed. The Planning Director explained that all the testing by the various organization is under the auspices of the County Health Care Agency and if this agency is not satisfied. everything will stop. Mayor Arnold asked if anyone else wished to speak in support of the EIR. No one wished to do so. Mayor Arnold asked is anyone wished to speak in opposition to the EIR. Ms. Gail Kerry. 5196 Edgemont Cr.. Cypress stated that the EIR submitted on the Texaco Tank Farm is not complete and has several inaccuracies and she further stated she wished to address several of the issues and provided the Council with copies of her letter. Mayor Arnold stated that the Specific Plan for building homes is another issue that will be dealt with later and would welcome all comments from the citizens and the Council regarding that issue at that time. The City Attorney explained that the EIR is not an action document and it doesn"t approve any Specific Plan. The Specific Plan will be before the Council at another time and the EIR is a process of awareness to the community and the information being received tonight will be a part of the record. Hr. Bruce Seaton, 4338 Via Largo. Cypress remarked that he has read the document. reviewed the plans and stated that it was incomplete, not adequate 13 - --~ / ;dj ...../ 1 lay Council Minutes December 14. 1987 and inconsistent. Mr. Seaton further advised the drafter appeared to be quite insensitive to many of the issues in Cypress which are significant. that would have to be mitigated and he proceeded to address those issues. Mr. Paul Hertz 4284 Paseo de Oro. Cypress put into the record a letter he posted on November 15. 1987 to the City Council for a response. He indicated he wished to address several issues and does not have a warm feeling. particularly about the work performed in the EIR by Hydro Tech and his questions which were not satisfactorily answered. He further suggested the - City Council have the City Attorney determine who will bl liable. Mr. Roger Geyer. 4433 Via Majorca. Cypress stated he would like to know what , is going to happen to the junior high school and Cypress High School. Mr. Robert Stoner. 4085 Larwin. Cypress stated he took exception to relocating the eucalyptus trees which is the commonest way to kill them. Ms. Kerry asked if the EIR were approved at 885 units and zoning was not approved to allow that number of units. would there be any legal repercussions to the city on that basis and legal implications regarding toxicity. In response to Ms. Kerry. the City Attorney advised that the legal liability question goes with the approval of the project. which is not before the Council tonight and the EIR is an informational and awareness document upon which the Council will make its final determination at another hearing on the specific project and from within the confines of the EIR. Mr. Jack Swank. 9849 Via Sonoma, Cypress believed that many things were pointed out as being wrong with the EIR and wanted to know why it would be approved. Councilman Kanel stated he was not going to approve the EIR this evening and asked if staff would be responding to the questions asked by the citizens. -~, The City Manager advised that this would be treated as a public input session. taking the questions and the issues that have been raised. provide responses from those agencies that deal with the specific issues and return at a subsequent meeting with the answers. Councilman Mullen advised that he would support a continuance of the EIR. Ms. Mary Pohl. 5163 Sequoia Avenue. Cypress perceived the EIR as limiting the developer and the contraints will be on cleaning up the environment, but believed that the community is stating that the worst case will not be acceptable. She further advised that the parameters or boundaries were too board and needed to be narrowed. )Mr. W. C. Wedgeworth. 5462 Mildred Cr.. Cypress. suggested sending a city inspector to the site, making a report and returning to Council with that report. Mr. Liddell stated that Texaco fully understands that the EIR is just a starting point and when the work actually starts, many governmental agencies will be working very closely with them giving direction. advising of things that need to be done. Texaco is anxious to meet the obligation to clean up the site and asked for the opportunity to start so it can be finished to the benefit of the community. Mr. Seaton asked for discussion on the verbal amendments linking the approval ~ of the EIR to the cleanup. The City Attorney explained that a certification of the Environmental Impact Report is required before the tank lines and pipelines can be removed which is a matter of law and fact in this instance. Councilman Mullen advised that the approval of the negative declaration for tank wall removal specifically contained provisions to prohibit the removal of the tank floors or any underground pipes until the EIR was certified. It was moved by Councilman Mullen and seconded by Councilman Coronado to continue the certification of the Environmental Impact Report to January 11 with direction to the staff to accumulate all of the concerns that were 14 J :"",i' // -. ..-,', City Council Minutes December 14. 1987 113 expressed and provide appropriate responses from the City staff or the outside agencies who have a responsibility for the land cleanup. Mayor Arnold asked that the report being made to the Council be shared publicly at the January 11 meeting before any decisions are made and also be available to the public prior to the meeting. Councilman Coronado asked for a deadline requirement for inputs to staff as requested by the Planning Director. which would be December 21 at 5:00 p.m. Responding to a question posed by Mr. Geyer. Councilman Mullen suggested the public hearing not be closed and those responses from the public at the January 11 meeting be limited to those questions posed tonight and so amended the motion with Councilman Coronado concurring. Ms. Eljenholm advised that a majority of the comments from the public on the EIR are addressed in the "Responses to Comments" packet and she will provide copies of this report for the Planning Department counter. Police Department and library. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold NOES: 0 COUNCILHEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Arnold. in response to Hr. Gene Madore. 9192 Windsor Cr.. Cypress. stated that there was no reluctance in changing the EIR and the hearing was to obtain all input and the discussion will be continued at the next Council meeting. The results of that meeting will determine whether the EIR is to be accepted or denied. RECESS: Mayor Arnold called a recess at 11:05 p.m. The Mayor called the meeting back to order at 11:37 p.m. with all Councilmembers present. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 87-30. GYM INCLUDING WEIGHT TRAINING AND LOCKER ROOM FACILITIES. 6169-75 BALL ROAD: Mayor Arnold declared the public hearing open. The Planning Director referenced the staff report dated December 8. 1987 which represented a request to locate a gym. including weight training and locker room facilities in an 8,000 square foot lease space in the Cinnamon Square Shopping Center. Staff feels this would be an appropriate use for the Cinnamon Square Center; that this use will not present compatability or parking problems and recommended approval of this project subject to conditions. Mayor Arnold invited the applicant to come forward. Mr. Jack Chou. 1771 Fitch Street. Irvine stated he has been attempting to acquire a tenant for the shopping center space and it has taken a year to accomplish. Mayor Arnold asked if anyone wished to speak in support of or opposition to the application. No one wished to do so. It was moved by Councilman Mullen and seconded by Councilman Davis to adopt the Resolution by title only, title as follows to approve Conditional Use Permit No. 87-30. subject to the conditions in Exhibit "A." RESOLUTION NO. 3333 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 87-30 - WITH CONDITIONS. Councilman Kanel asked if the gym and the restaurant became busy. would it cause a problem with the church parking agreement and the applicant replied that he had only agreed to 60 days on the church parking. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE CYPRESS CITY CODE. PROHIBITING THE SALE. DISTRIBUTION AND DISCHARGE OF FIREWORKS: Mayor Arnold 15 . l1dtty Council Minutes December 14. 1987 opened the public hearing. The staff report dated December 3. 1987 which recomme~ded that the City Council hold a public hearing to consider repealing Section 5-2(E)(9) of the Cypress City Code and adding new Sections 17-51. 17- 52 and 17-53. prohibiting the sale. distribution and discharge of fireworks within the City limits. Mayor Arnold asked if anyone wished to speak in support of the amendment. Mr. Charles Hicks. 10669 Charles Cr.. Cypress requested that the Council delay -' their decision on the fireworks issue until the first meeting in February so they can prove that there is support for the continued sale and use of fireworks by responsible people. Councilman Mullen stated he would support a continuance on the basis of Mr. Hicks" request. Councilman Coronado explained that the hearing was extended before and was not in favor of another continuance. Ms. Maryann Jones. 6872 Jonathan Avenue. Cypress advised that she found out about the hearing through a phone call from the fireworks industry and requested a postponement so she could come back in January with signatures to show support to place this matter on the ballot. It was moved by Councilman Kanel and seconded by Councilman Coronado to close the public hearing and approve the first reading of the Ordinance by title only. title as follows to repeal Section 5-2(E)(9) of the Cypress City Code and adding new Sections 17-51. 17-52 and 1753. prohibiting the sale. distribution and discharge of fireworks within the City limits. Counci lman Mullen stated he would support a continuance; however. it was obvious there is not the support on the Council, so he would support the motion. ORDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 5-2 OF THE CODE OF THE CITY OF CYPRESS BY REPEALING SECTION 5-2(E)(9) ~ (WHICH WAS ADOPTED AS ORDINANCE NO. 779 ON AUGUST 24. 1987) AND BY THE ADDITION OF A NEW SECTION PROHIBITING THE SALE. DISTRIBUTION. OR DISCHARGE OF FIREWORKS WITHIN THE CITY LIMITS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilman Kanel stated if there were an overwhelming situation to reverse the action of the Council, he would reconsider but at this point he couldn"t. Ms. Ann Fowler. 4792 Ashbury Avenue. Cypress commented that when she first heard about this. she called the City Hall. she was told this was the second meeting and was not aware there had been a prior meeting. Mayor Kanel stated that the Council had suggested the City consider sponsoring a fourth of July fireworks display. CONSIDERATION OF PUBLIC HEARING RE: ALLOCATION OF SPECIAL DISTRICT AUGMENTATION FUNDS: Mayor Arnold declared the public hearing open. The Finance Director summarized the staff report dated November 18. 1987 which indicated notification of Special District Augmentation Funds available to the City has been received requesting the City Council adopt a Resolution which ~l allocates these funds between the two special districts governed by the City Counc i 1 : the Cypress Recreation and Park District and the Cypress Street Lighting District No.2. The actual amount available is $700.051 and staff recommended adoption of the Resolution allocating the Special District Augmentation Funds. Mayor Arnold asked if anyone wished to speak in support of or opposition to the allocation of funds. No one wished to do so. It was moved by Councilman Kanel and seconded by Councilman Mullen to close the pubic hearing and adopt the Resolution by title only. title as follows allocating the Special District Augmentation Funds. 16 /' / L// --, City Council Minutes December 14. 1987 115 RESOLUTION NO. 3334 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AllOCATING SPECIAL DISTRICT AUGMENTATION FUND. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCIlMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF REVIEW OF MONETARY SUPPORT TO THE CYPRESS CHAMBER OF COMMERCE: Mayor Arnold advised that this item was placed on the Agenda by Councilman Coronado and there has been a request from the Cypress Chamber of Commerce to postpone this item until January 25. However. two Councilmembers will not be present at that meeting and the Mayor asked if this item could then be postponed to the January 11 Council meeting. Councilman Coronado agreed to the continuation of the discussion to January 11 and hearing no objection. it was so moved by Mayor Arnold. CONTINUATION OF CONSIDERATION OF CITY COUNCIL APPOINTMENTS: Mayor Arnold opened the discussion and asked for the Council"s assistance in resolving these appointments. She advised that the Bylaws of the Orange County Sanitation District and the Orange County Division of the League of California Cities require the Mayor to be the City's Delegate and after further discussion. the City Council confirmed the following appointments: Orange County Sanitation District Mayor - representative William Davis - alt. League of California Cities. Mayor - representative Orange County Division Cornelius Coronado - alt. Santa Ana River Flood Protection William Davis - representative Agency Gerald Mullen - alt. Southern California Association Cornelius Coronado - delegate of Governments Gerald Mullen - alt. City/Cypress School District Margaret Arnold Joint Steering Committee Willi am Da vis It was moved by Councilman Mullen and seconded by Councilman Davis to reappoint Councilman Kanel to the Orange County Vector Control District for a two year term. expiring December 31. 1989. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE CYPRESS CABLE TELEVISION COMMISSION: The City'Council. at its meeting of November 30. 1987. continued consideration of appointing the two additional citizen members of the Cable Television Commission to the meeting of December 14, 1987. It was moved by Councilman Mullen and seconded by Councilman Kanel to appoint Mr. Richard Adams and Ms. Karen Tufnell as the two additional citizen members of the Cable Television Commission. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF REIMBURSEMENT AGREEMENT FOR SONY. INC.. STREET IMPROVEMENTS ON VALLEY VIEW STREET AND PAYMENT OF FUNDS FOR SAID WORK - MDC REALTY CO.. CITY OF CYPRESS PROJECT NO. 8713-90: The Public Works Director presented a staff report dated November 19. 1987 which indicated the City Council approved a revised Condition No. 32 of DRC 86-21 requiring the subdivider to enter into an agreement with the City to construct street widening improvements on Valley View Street beyond normal development standards which have been completed and the subdivider has submitted a breakdown of costs for said work totalling $34.325.52. 17 ~ / /1 ' ~- /,/--. '-' ';. I1Gy Council Minutes December 14. 1987 It was moved by Councilman Mullen and seconded by Councilman Davis to: 1 ) approve ,the reimbursement agreement with MDC Realty Co. and authorize the Mayor to sign the agreement and the City Clerk to attest to the signature. subject to the approval of the City Attorney as to form; 2) authorize an appropriation from the fund balance of the Gas Tax Fund and appropriate $34.325.52 to Account No. 4186-22-450-21; and 3) authorize payment to MDC Realty Co. in the amount of $34.325.52. The motion unanimously carried by the following roll call vote: .,.". AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF ANNEXATION NO. 87-1/REORGANIZATION NO. 105. ANNEXING PORTION OF FOREST LAWN MORTUARY PROPERTY INTO THE CITY OF CYPRESS AND OTHER ORANGE COUNTY DISTRICTS: At its meeting of October 7. 1987. the Orange County Local Agency Formation Commission approved Reorganization No. 105 to the City of Cypress. Prior to this date. a portion of Forest Lawn property was located in Los Angeles County and Forest Lawn petitioned the County of Los Angeles to have the subject property removed from that County to the County of Orange and subsequently has requested to have the property annexed into the City of Cypress. This action will enter the subject property into the City of Cypress and into several Orange County Districts and staff recommended City Council approve Reorganization No. 105. It was moved by Councilman Mullen and seconded by Councilman Kanel to adopt the Resolution by title only. title as follows approving Reorganization No. 105. RESOLUTION NO. 3335 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. COUNTY OF ORANGE. CALIFORNIA. ORDERING TERRITORY DESIGNATED AS "FOREST LAWN MUNICIPAL REORGANIZATION NO. 105" TO BE ANNEXED TO THE CITY OF CYPRESS; - AND TO THE ORANGE COUNTY PUBLIC LIBRARY; HARBORS. BEACHES, AND PARKS DISTRICT; ORANGE COUNTY TRANSIT DISTRICT; ORANGE COUNTY VECTOR CONTROL h: DISTRICT; ORANGE COUNTY CEMETERY DISTRICT; MUNICIPAL WATER DISTRICT OF ORANGE COUNTY; ORANGE COUNTY SANITATION DISTRICT NO.3; AND ORANGE COUNTY WATER DISTRICT. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado. Davis. Kanel. Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AUTHORIZATION TO SECURE AN APPRAISAL FOR THE CYPRESS SCHOOL PROPERTY: The staff reported dated December 9, 1987 indicated the City Council is requested to determine whether or not to proceed with the acquisition of the remainder of the Cypress School property located on Grindlay Street. south of Lincoln Avenue. In order to continue negotiations with the District on the acquisition of this property. it would be desirable to obtain a City appraisal to compare with the appraisal now being sought by the Cypress School District. Staff recommended the City Manager be authorized to obtain an appraisal. It was moved by Councilman Mullen and seconded by Councilman Kanel authorizing the City Manager to obtain an appraisal in an amount not to exceed $5.000 for the remainder of the Cypress School property as outlined in this report. The ~' motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Davis. Kanel. Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 23575 - 23805: It was-moved by Councilman Mullen and seconded by Councilman Davis to approve the commercial warrant list for Warrants No. 23575 - 23805 in the amount of $613.428.97. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel. Mullen & Arnold 18 City Council Minutes December 14, 1987 117 NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Arnold recessed the'meeting at 12:25 p.m. in order for the Council to convene as the Cypress Redevelopment Agency. The meeting was called back to order at 12:29 p.m. with all Councilmembers present as before. ORAL COMMUNICATIONS: Responding to Mayor Arnold. the City Attorney advised that the nomination for Mayor Pro Tem is an item for the Agenda at the next Council meeting. Mayor Arnold stated. for the record. at the last City Council meeting an exciting thing happened. There was a lady here from La Mancha Development her name was Martha Brundage and during the course of the conversation we talked about her responsibility in our local Ball and Walker development and we asked. based on some comments that she made. if there was anything that she could do to clean up that site and I'm here to tell you ladies and gentlemen that site has been clean for three weeks. As of today. it was still clean; I appreciate that and I would like that in the record. WRITTEN COMMUNICATIONS: Mayor Arnold asked if there were any written communications. The City Manager advised that there was a request from the Cultural Arts Commission for a joint meeting in January. Mayor Arnold asked if that meeting could be postponed and the City Manager suggested February 22 at 5:30 p.m. ADJOURNMENT: Mayor Arnold adjourned by meeting at 12:30 p.m. ~.~ MAYOR F THE CITY OF CYPRESS ATTEST: 19