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Minutes 88-10-11 -~ .---- 362 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 11, 1988 Mayor Arnold called the adjourned regular meeting of the c~ress City Council to order at 7:11 p.m. on Tuesday, October 11, 1988 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California. PRESENT: Councilmembers Coronado, Davis, Kanel, Mullen & Arnold ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Beardsley, Hurst, Krauss, Leonard and Thomas. PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Davis. Councilman Kanel stated that there were people here for some Agenda items and suggested those be moved forward. CONSIDERATION OF TRAFFIC ISSUES ON HOLDER STREET BETWEEN ORANGE AVENUE AND BALL ROAD: The Public Works Director summarized the staff report dated October 3, 1988, which indicated that the City Council directed staff to review the current traffic conditions on this section of Holder Street because of complaints received from several residents. Staff also received a letter from Mr. and Mrs. Gerringer which stated their concerns regarding overweight vehicles, the width of Holder Street, the lack of stop signs and the noise and speed of other vehicles using this section of Holder Street. He mentioned the numerous measures that have been taken to mitigate the problems expressed by the Holder Street residents living between Orange Avenue and Ball Road over the past two years. Responding to questions from Council, Captain Krauss commented on how speed limits are established, use of radar guns, speed traps and speed zone requirements. The City Attorney advised that speed limits in California must be set by a combination of what a reasonable and prudent driver would do and 85% of the median is used to set the speed zone. Councilman Coronado believed that this situation needs very careful review and possibly the County should become involved and perhaps Buena Park and Cypress could determine what should be done. Councilman Kanel asked the residents to come forward and state what they would like the Council to do and see if it can be done technically and legally. After further discussion, the Public Works Director responded to Councilman Mullen that if the City acted unilaterally to remove a section of Holder from the Master Plan the City's automatically ineligible for any arterial highway financing program funding. Mrs. Evelyne Weyhrich, 9783 Holder Street, Cypress, stated they would like the speed limit lowered to 25 mph. After some discussion, the City Manager explained how speed limits are set and the courts interpretation of val id speeding tickets is what the state law provides. Councilman Coronado remarked that there extenuating circumstances in this situation and we should be able to appeal to someone. The City Manager advised that the suggestion that the two cities meet and restrict that section of Holder to certain types of traffic is a better approach than trying to deal with the speed limit which is governed by a state law and other outside entities. Councilman Mullen commented that the Holder Street issue has manifested itself several times, something needs to be done and he is supportive of staff in their recommendation on speed and stop signs. Ms. Rosemary Pushnik, 9763 Holder Street, Cypress, appreciated the discussion of the Councilmembers and asked questions on speed limits, trucks and truck restriction signs. 1 _.~- City Council Minutes October 11, 19~3 Ms. Ann Gonzalez, 9753 Holder Street, Cypress, stated she has been talking to Harriett Wieder"s office about the problem and they are willing to work with the City however they can. She believed the stop sign was a good solution forcing the motorists to stop and, thus, unable to accelerate to high speeds. Ms. Weyhrich had talked to the County Roads Commission about Holder Street and they did some research and could not classify the street as an arterial highway because the houses were so close to the street and because of the width of the street. The Public Works Director explained that Holder Street is classified as a secondary arterial street. Ms. Weyrich stated that she believed stop signs were the answer. Councilman Kanel suggested the City Manager, the Police Department, Public Works Department meet with the City of Buena Park equivalents to determine if Holder Street, between Ball and Orange, can be removed from the secondary arterial designation. He suggested experimenting with the 25 mph speed zone, stop signs before the railroad tracks each way, no passing and signs restricting weights on trucks with strictly enforced signs and see what happens. Mayor Arnold remarked that we provide the trained traffic management people with suggestions, have them develop a plan and return to Council. Councilman Davis expressed concern about the safety issue regarding the stop sign and the exposure to liability by placing a stop sign somewhere between Orange Avenue and Ball Road. It was moved by Councilman Kanel and seconded by Councilman Coronado to take the mitigating measures suggested during the Council's discussion and have the staffs from the City of Cypress and the City of Buena Park work together in the experiment, and possibly the County, then return with a solution to the problem on November 14. Mr. Wayne Gerringer, 9809 Holder Street, Cypress, spoke about eliminating some of the traffic from the street and addressed overweights on the trucks that use Holder and presented a letter to the Council from Mrs. Gerringer. Ms. Mary Kluger, 9805 Holder Street, Cypress, asked about restrictions on a residential street as opposed to a secondary arterial, which were responded to by the Public Works Director. She also stated that this matter should be settled within a time frame because the Holder Street residents should not have to continue to approach Council and write letters. After additional discussion, Councilman Kanel amended his motion to have staff report to Council at the November 14 meeting. Ms. Pushnik suggested a warning sign before the stop signs and thanked the Council for taking an interest in their problem. The motion unanimously carried by the following roll call vote: AYES: 5 COIJNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF REPORT ON CITY MAINTENANCE YARD ACTIVITIES ADJACENT TO RESIDENTIAL AREAS: The Public Works Director recapped the staff report dated October 3, 1988 which indicated that, at the direction of the City Council on September 12, 1988, staff has researched the conditions at the City Yard, how those conditions are affecting the adjacent residents and how any annoyances can be remedied. The Public Works Department has maximized its efforts to operate with a minimum of annoyance to its surrounding residents. Spec if i c complaints regarding yard operations will be promptly investigated and remedial actions taken wherever possible. Councilman Coronado commented that he had visited the residence of Mr. Kernes and felt that he had a legitimate complaint about the maintenance yard block wa 11. 2 ~-- _._~- ..~---~---- City Council Minutes October 11, 1988 364 Mr. Robert Kernes. 8762 Grindlay Street, Cypress, complained about the garbage trucks dumping into an eight foot high bin just behind his house. Mayor Arnold suggested that the Councilmembers visit the site, view the problem area and determine exactly what is being discussed. Responding to Councilman Davis, the Public Works Director answered that the dumpsters are depressed three to four feet below ground. He stated there is a ramp that elevates the vehicle and the full dumpsters have to be pulled out so there would be a problem if they were depressed more than the three to four feet. Mr. Kernes suggested that the dumping bin be moved to the commercial side of the maintenance yard. Councilman Davis stated he would be agreeable to viewing the site. Mayor Arnold requested this be done so the Councilmembers would be better able to discuss this matter. It was moved by Councilman Coronado and seconded by Councilman Kanel to have Councilmembers visit the Grindlay Street address to view the site and consider the matter on November 14, 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 COUNCI LMEMBERS: None Councilman Kanel requested a video be taken of the site when trucks are dumping the garbage. CONSIDERATION OF COHMUNICATION FROM MR. C. F. IRVING. JR.. PRESIDENT OF THE BOWERS OWNERS ASSOCIATION: The staff report dated October 5, 1988 indicated that Councilman Hullen requested this item be placed on the agenda and this matter has been a subject of discussion at previous Traffic Commission meetings. Mr. C. F. Irving, Jr., 9785 Walker Street, Cypress, current President of the Bowers Owners Association, requested that the traffic situation on Walker Street be reconsidered as it appeared there was more traffic moving fastpr after the restriping. He had asked for a discussion with the staff to find an amicable compromise. He asked for an explanation of the parking situation, why it was taken away and nobody has explained it or attempted to reach a compromise. The Public Works Director stated it was considered unsafe to transition in and out from a parking situation to a left turn pocket within the distance that was available on the street and with that in mind the only solution was all or nothing. He remarked that it was an improved situation and should stay the way it is. Councilman Kanel asked Mr. Irving if he wanted some parking on the Bowers side of the street and Mr. Irving replied that if all feasible they would like parking for six to ten cars. He also commented that they were not notified of the change in striping. Mayor Arnold commented that the intersection at Hanover and Walker has been a very unsafe area and there was discussion on putting in a traffic signal. Councilman Mullen remarked that Mr. Irving was upset about the manner in which the restriping change was made and perhaps a compromise could be found. The City Manager suggested that the Public Works Director and the Traffic Engineer meet with Mr. Irving to explain why the decision was made on the no parking on Walker Street. Councilman Davis asked staff to determine if the width of the street would allow the bike lanes to be painted as part of the discussion with Mr. Irving. RECESS: Mayor Arnold called a recess at 9:13 p.m. 3 t/ City Council Minutes October 11, 1988 365 MAYOR ARNOLD LEFT THE MEETING AT 9:19 P.M. The meeting was reconvened at 9:24 p.m. by Mayor Pro Tem Davis. Mayor Pro Tem Davis commented that Councilman Coronado brought up the Recreation & Community Service Commission and whether or not a two term maximum had been created. He suggested that the following items be continued to November 14 because Mayor Arnold is not present and a code determination is required on the question of the number of terms served. Continuation of Consideration of Method of Filling Vacancies on City Commissions, Continuation of Consideration of Appointments to the Cypress Recreation & Community Services Commission, Continuation of Consideration of Appointments to the Cypress Cultural Arts Commission, Continuation of Consideration of Appointment to the Cypress Cable Television Commission, Continuation of Consideration of Scheduling an Interview Session For Appointment to the Cypress Traffic Commission. After further discussion, the City Manager will verify the maximum number of terms Commissioners are allowed to serve as dictated by the City codes. Mayor Pro Tern Davis asked staff to research Commission terms. It was moved by Councilman Coronado and seconded by Councilman Kanel to continue all Commission appointment matters to the November 14, 1988 meeting. The City Attorney asked if all Boards and Commission have a two term limitation, except the Recreation & Community Commission did the Council desire an Ordinance to establish conformity. After further discussion, the motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Mullen NOES: 0 COUNCIlMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Arnold CONTINUATION OF CONSIDERATION OF COMMUNICATIONS FROM THE CYPRESS SCHOOL DISTRICT'S BOARD OF TRUSTEES REGARDING THE CYPRESS SCHOOL PROPERTY AND THE SCHOOL FACILITIES/TANK FARM DEVELOPMENT: The City Manager advised that he and the City's consultant had met with the Cypress School District Superintendent and their consultant and have basically agreed to attempt to provide alternatives to present to the Council and the Board of Trustees for their respective first meetings in December with a joint agreement at staff level to present to the policy making bodies. After some discussion, Councilman Mullen expressed his disappointment 011 the school board's announcement to lease their property father than honoring the tacit agr"eement to sell to the City for a senior facility. He said that both bodies, as public officials, have an obligation to the Community to provide facilities at truly affordable costs. He feels that the only feasible thing to accomplish the intent of the school board and the City Council for senior housing/facilities is a sale of the land at market value. Councilman Coronado commented that long term leasing of property is a fine thing to do for the school board, but it doesn"t do the City any good. He stated that if the City is to be involved, it should be an outright purchase of the property at fair market value. He stated these are things that can be worked out that would be of benefit to both sides and should be in the interest of the senior community. Councilman Kanel believed that a compromise could be reached and there is no reason why a straight purchase can't be accomplished. The City Manager stated that the school board's intentions are akin to the Council's when it [ames to senior citizen concerns and the Superintendent feels the matter will be satisfactorily concluded. 4 ----~.~- - -- ----~-- ----._-~._- .-- / . .-- City Council Minutes Oc tober 11, 1988 366 Councilman Mullen reminded the Council of the issue of a land swap. It was moved by Councilman Mullen and seconded by Councilman Kanel to continue this matter to December 12, 1988. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Arnold CONTINUATION OF CONSIDERATION OF DENSITY BONUS MAKING PROVISIONS FOR AFFORDABLE HOUSING AS ALLOWED BY CITY OF CYPRESS' ZONING ORDINANCE SECTION 9.2 AND STATE OF ~ALIFORNIA REQUIREMENTS: The City Manager presented the staff report dated October 6, 1988, which represented a request to review the City Ordinance, General Plan and State Laws pertaining to various provisions related to granting a density allowance in connec~ion with approval of applications for new residential construction. The City Manager recommended this matter be continued to the meeting of November 14, 1988 because the Planning Director is returning and he desired she review this issue. The City Attorney asked for clarification on the long term policies and changes the Council may wish to take. He has done some research and believes the Council may want to consider a change in the policies, which will require study sessions on the part of the Council. Councilman Kanel stated that each project has to be looked at individually with the density issue because it is an incentive for the small builders. After further discussion, it was moved by Councilman Coronado and seconded by Councilman Kanel to continue this item to November 14, 1988. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Arnold CONSIDERATION_OF STATUS REPORT ON CITY YARD FUEL FACILITY SOIL RECLAMATION. FILE NO. 8426: The Public Works Director recapped the staff report dated October 3, 1988, which indicated that the City Council authorized a six month continuance of the soil bioreclamation operation for the City Yard fuel facility. Complicating the current effort is the recent evidence that a new, small volume leak has occurred in the facility's unleaded gasoline storage tank and several alternatives have been identified as feasible options and policies for completing the cleanup operation. I Councilman Coronado stated his initial suggestion was to remove the dirt from the City yard, bring in clean fill and it would have been a positive and absolute approach to correct the problem. Responding to Mayor Pro Tern Davis, the Public Works Director stated that by treating the material on site, it could be used as fill dirt. After further discussion, Councilman Mullen commented that the situation is difficult, the condition exists and there is no rational choice but to move the staff recommendation. It was moved by Councilman Mullen and seconded by Councilman Kanel to (1) approve proceeding with performing on-site treatment of contaminated soil and reuse at $600,000, (2) authorize Staff to ~ecure proposals for the necessary consultant services to develop new soil clt'anup plans and design the removal I and replacement of the facilities; and (3) appropriJte $25,000 from the fund balance of the General Fund to Account No. 4186-11-446-24 to provide for continued, minimal treatment operations~ required until approval of a new National Pollutant Discharge Elimination System permit by the State. I Responding to Councilman Kanel, the Public WorKs Director emphasized that the I costs are accurate with relationship to one another and are based on I engineering estimates, but only bidding the job will provide the exact figures. 5 City Council Minutes October 11, 1988 367 Councilman Coronado commented, for the record, that he would have preferred moving the dirt out initially. The Public Works Director would obtain a report from Southern California Water Company on well tests as requested by Councilman Coronado. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Arnold CONSIDERATION OF AN ADDITIONAL APPROPRIATION TO REFURBISH A POLICE UNIT FOR THE D.A.R.E. PROGRAM.: The staff report dated October 4, 1988, which represents a request for an additional appropriation to refurbish a station wagon to serve the senior volunteers and be shared by other police personnel when not being used by Retired Senior Volunteer P~ogram (RSVP). It was moved by Councilman Mullen and seconded by Councilman Coronado to (1) authorize an additional appropriation of $2,400 from the unreserved fund balance of the General Fund and transfer the funds.to the Internal Service Fund to the following accounts: 4488-90-656-35 Light Bar 350.00 4489-90-656-35 Unitrol 350.00 4490-90-656-35 Electronics 675.00 4107-90-634-08 Spotlights 200.00 4107-90-634-08 Cage 350.00 4107-90-634-08 Decals 100.00 4107-90-634-08 Misc. 375.00 (2) authorize the transfer of $800.00 from the R.S.V.P. Account, 4167-11-174- 05 to Account 4159-90-634-08 for the paint job. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Arnold CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 28746 - 28989: It was moved by Councilman Mullen and seconded by Councilman Kanel to approve the Warrant List for Warrant Nos. 28509 through 28745 in the amount of $625,871.05. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COllNC IL~IEMBERS: Arnold ORAL COMMUNICATIONS: For Matters Not on the Agenda. Ms. Gail Kerry, 5196 Edgemont Circle, Cypress, asked for another update on the progress being made on the cleanup of the Texaco tank farm. I Councilman Kanel referred to a letter received from Mr. and Mrs. Lonnie Hansen relative to being residents of Cypress and attending schools in districts other than those in Cypress and felt that an answer would be forthcoming. I Councilman Mullen suggested the letter be answered by the Mayor. Councilman Kanel asked the City Manager to analyze the different school districts. Mayor Pro Tern Davis cautioned that if funds are spread to schools not in the City of Cypress and we are dealing with Cypress citizens taxes, there is exposure to criticism and we should not be the funding agency for general requests. Councilman Kanel requested a statistical breakdown of how many Cypress residents are students attending schools outside the City of Cypress. I I 6 i - -- -------~,.~- ~~ City Council Minutes October 11, 1988 368 Councilman Mullen suggested the Council establish a firm policy of not grantirig these types of requests as it is the responsibility of the school district's fund raising. The City Attorney suggested this item be continued and be heard in a closed session of the City Council. ADJOURNMENT: Mayor Pro Tem Oavis adjourned the meeting at 10:30 p.m. ~~~~F~--- ATTEST: /) rC1/;1 A / (fT~t'~l~t1fft OFCYPRESS---- "