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Minutes 95-01-23 ~3.o MINUTES OF A REGULAR COUNCIL MEETING OF THE CYPRESS CITY COUNCIL HELD January 23, 1995 The Regular Meeting of the cypress City Council was called to order at 4:30 p.m., Monday, January 23, 1995 in the Administrative Conference Room, City Hall, 5275 orange Avenue, cypress, Mayor pro Tem Walter Bowman presiding. PRESENT: ABSENT: Council members carroll, Jones, Kerry and Bowman Mayor Age Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff member Eynon. WORKSHOP SESSION: Discussion Regarding Establishment of Advisory Committees. The City Manager made some introductory remarks preceding the discussion. It was decided to announce the formation of a large committee, between 30 to 50 members, to create an overall view of the City In terms of its image, future, community planning, financing, Infrastructure, Including transportation, and other issues which should be enhanced through citizen Involvement and participation. Residents, business owners and property owners will all be asked to volunteer to serve on this extensive committee. Staff will return to Council with a draft announcement that will run for a 30 to 60 day period seeking applications. FOllowing that criteria, standards will be developed. Council members also requested that the City Newsletter be placed on the next Council agenda for reinstatement action for the reestablishment of communication with the residents. RECESS: Mayor Pro Tem Bowman recessed the workshop session at 5:15 p.m. to enable to the Council to reconvene in the Council Chamber. The meeting reconvened at 5:30 p.m. with all Council members present, except Mayor Age. Also present were staff members Bacock, Decarlo, storey, vazquez and Wicker. ORAL COMMUNICATION: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF ANNUAL PURCHASE AGREEMENT FOR ASPHALT CONCRETE MATERIALS: The City Manager presented the staff report dated January 10, 1995, stating the contract renewal prices of All American Asphalt Co. and comparing that pricing with that of two other vendors. It was moved by Councllmember Jones and seconded by Councilmember Kerry to award an annual purchase contract for asphalt concrete products to All American Asphalt co., 14274 Magnolia Ave., P.O. Box 2229, corona, California 91718-2229, in an amount not to exceed $26,000.00, for a one year period ending January 31, 1996. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: carrOll, Jones, Kerry and Bowman o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age CONSIDERATION OF RENEWAL OF MAINTENANCE CONTRACT FOR THE CLEANING OF CYPRESS VILLAGE PUBLIC PARKING AREAS: The City Manager referred to the staff report dated January 13, 1995, which indicated that the present landscaping company, Larry Sweeden'S, has provided weekly cleaning of 56 public parking areas In cypress Village since 1983. The monthly fee of $300.00 being proposed is the same as charged in 1993. It was moved by Council member Kerry and seconded by Councilmember Jones to renew the maintenance contract with Larry Sweeden'S Landscape Maintenance Company, 15189 Sierra Bonita, Chino, California 91710, for the weekly cleaning of the public parking areas in cypress Village <Tract 8126) for a one year period from February 1,1995 through January 31, 1996, at $300.00 per month. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age CONSIDERATION OF RENEWAL OF CONTRACT FOR CAR WASH SERVICES: The City Manager reviewed the staff report dated January 13, 1995, noting that the cypress car Wash has /- -' "'{~ .Ii-...,.,I ..-.. 21 CITY COUNCIL MINUTES January 23, 1995 offered to renew this contract for a one year period, with a 25 cent increase in the cost of car washing only. costs for truck/van washing, vacuuming and air fresheners will remain the same. It was moved by Council member Kerry and seconded by Council member Jones to authorize the renewal of the car wash service contract with cypress Car Wash, 9971 valley view street, cypress, california 90630, for a one year period from February 1,1995 through January 31, 1996, with the proposed price increase. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age CONSIDERATION OF AWARD OF CONTRACT FOR THE ASPHALT PAVING OF THE CYPRESS MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 9435: Four bids were received for the asphalt paVing of the cypress maintenance yard as reported by the City Manager referencing the staff report dated January 16, 1995. It was moved by Councilmember Kerry and seconded by Council member Jones to find the lowest responsible bidder to be Copp contracting, Inc., and award a contract for Public Works project No. 9435 in the amount of $26,391.20 (award amount of $23,992.00 plus 10% contingency) to copp contracting, Inc., 12507 Carmenita Road, whittier, California 90605. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age 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. Councilmember Jones asked that: Items No. 14, Audit Report of the City of cypress' Appropriation Limit for the Year, Ended June 30, 1994; No. 16, Acceptance of Final Tract Map No. 14834, 6172 orange Avenue, cypress; NO. 17, Single Audit Report for the Fiscal Year, Ended June 30, 1994; NO 18, Monthly Investment program for the Month of December 1994; and No 20, Audit Report of the cypress Recreation and Park District's Appropriation Limit for the Year, Ended June 30, 1994 be removed. Councilmember Carroll requested that Item No. 21, 1995 MUlti-Agency July 4th Fireworks Celebration be pulled. It was moved by Councllmember Kerry and seconded by Councilmember Jones to approve the Consent Calendar Items NO.5 through 21, with the exception of Items No. 14,16,17,18,20 and 21. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age Item NO.5: Motion to Approve City Council Minutes of January 7, 1995 and January 9, 1995. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of January 7, 1995 and the Regular Meeting of January 9, 1995, with Mayor Age abstaining on the January 9, 1995 Minutes due to her absence at the meeting. Item NO.6: Motion to Introduce and/or Adopt All Ordinances and Resolutions presented For Consideration by Title Only and To Waive Further Reading. Item NO.7: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Govindbhai Somdas & Lllavatiben Govindlal Patel, D.B.A. cypress Plaza Liquor, 11521 Knott Avenue, Cypress. Recommendation: Receive and file. 2 ~- 322 CITY COUNCIL MINUTES January 23, 1995 Item NO.8: Consideration of City Manager's Attendance at the League of California Cities' City Managers Department Meeting. Recommendation: That the City Council authorize the City Manager to attend the League of California cities' City Managers Department Meeting, scheduled for February 22-24,1995, in Monterey, CA, and be reimbursed for all actual and necessary expenses incurred. Item NO.9: Consideration of Adoption of Resolution RecogniZing the Solid Waste Reduction and Composting Efforts of Home Depot and the Los Alamitos Race Track. Recommendation: That the City Council adopt the attached Resolution recognizing the solid waste reduction and composting efforts of Home Depot and the LOS Alamitos Race Track. RESOLUTION NO. 4434 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE SOLID WASTE REDUCTION AND COMPOSTING EFFORTS OF HOME DEPOT AND THE LOS ALAMITOS RACE TRACK. Item No. 10: Consideration of Design Review Committee's Approval of DRC #95-4, Recommendation: That the City Council adopt the Resolution approving DRC #95-4, contingent upon approval by the Design Review Committee. RESOLUTION NO. 4435 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-4. Item No. 11: Consideration of Attendance of the Public Works Director to the League of California Cities' Public Works Officers Institute. Recommendation: That the City Council authorize the attendance of the Public Works Director to the Public Works Officers Institute sponsored by the League of California cities, scheduled for March 8-10, 1995, in Monterey, CA, and be reimbursed for all actual and necessary expenses incurred. Item No. 12: Consideration of Adoption of Resolution of Commendation for Eagle Scout Jason A. Hansen. Recommendation: That the City Council adopt the Resolution commending Eagle Scout Jason A. Hansen. RESOLUTION NO. 4436 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT JASON A. HANSEN ON ATTAINING THE RANK OF EAGLE SCOUT. Item No. 13: Consideration of Contract Renewal for Professional photographic Services. Recommendation: That the City Council authorize staff to renew its contract with Edward H. spurgeon of Cypress Photo Art, 6179 B Ball Road, Cypress, CA 90630, for annual professional photographic services for the period of March 1, 1995 - February 29, 1996, with no change to the existing contract rates, pursuant to his proposal dated January 17,1995. Item No. 15: Consideration of Withdrawal and Refund of Application Fees for Conditional Use Permit NO. 93-19, Water Vending Machine, 4901-4991 Lincoln Avenue. Recommendation: That the City Council accept the request for withdrawal of the application for Conditional Use permit NO. 93-19 and approve a partial refund of the associated application fees to McKesson Water projects in the amount of $200.00. Item No. 19: Continuation of Consideration of Acceptance of the Street Rehabilitation and Slurry Seal of Various Alleys, Civic Center Parking Lot, and Wellson Drive, PUblic Works Project No. 9316. 3 CITY COUNCIL MINUTES / - .!;' -- 323 January 23, 1995 Recommendation: That the City Council continue this item until such time as the additional work is completed. END OF CONSENT CALENDAR Regarding Item No. 14, Audit Report of the City's Appropriation Limit for the Year, Council member Jones asked what the specific audit reports are and what is required of the City. The Finance Director explained that under Prop 111 (the Gann limit), the City is required to have the appropriation limit audited annually and submitted to the State verifying that an appropriation limit has been adopted. It was moved by Councilmember Jones and seconded by Council member Kerry to receive and file the report. The motion unanimously carried by the follOwing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age In regard to Item No. 16, Acceptance of Final Tract Map No. 14834, 6172 orange Avenue, Council member Jones asked what the final tract map did and what it was replacing. The City Manager said that the final tract map is to be consistent with the tentative tract map, which the Public Works Department determines to be in compliance with the bonds for all of the improvements. Council member Carroll asked the level of confidence insuring that all the neighbors were properly noticed by the City. The City Manager stated that the City Clerk is provided with an affidavit and a listing showing where the notices were mailed and it is made a part of the record. It was moved by Councilmember Jones and seconded by Councilmember Kerry to approve the Final Tract Map No. 14834 and accept the bond for public improvements, in the amount of $9,800.00, which is 100% of the total improvements and authorize the City Clerk to sign the Record Map, The motion unanimously carried by the fOllOWing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age With regard to Item NO. 17, single Audit Report for the Fiscal Year, Councilmember Carroll had some questions on the Federally Assisted Grant program audits. The Finance Director commented that all federal funds require audits and instead of separate audits, they will have a single audit on all grants. It was moved by Council member Jones and seconded by Councilmember Kerry to receive and file the audit. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age Regarding Item NO. 18, Monthly Investment program for December 1994, Councilmember Carroll continued to express concern about $23 million invested in a single fund, Local Agency Investment Fund. He asked if the investment pool by fund report could be expanded to reflect a three month period and the Finance Director will be providing this revised report in the future. Mayor Pro Tem Bowman asked when the fund would be further diversified, I.e., T-bills. It was moved by Councilmember Jones and seconded by Council member Kerry to receive and file the report. The motion unanimously carried by the following roll all vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age With regard to Item No. 20, Audit Report of the cypress Recreation and Park District's Appropriation Limit for the Year, Council member Jones asked for an explanation of the limit. The Finance Director explained this report is the same as the City's except the District Is a separate entity also under the Prop 111 Gann limit reporting requirements. It was moved by Council member Jones and seconded by Council member carroll that the City Council, acting as the ex-officio governing Board of Directors for the cypress Recreation and park District, receive and file said report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age 4 2 324 CITY COUNCIL MINUTES January 23, 1995 Regarding Item No. 21, 1995 Multi-Agency JUly 4th celebration, Council member Carroll questioned the increase in cost of the fireworks by 34% as not being reasonable or prudent. The Director of Recreation & Parks District explained that the additional funding will serve to increase the intensity of the aerial fireworks display. Council member Jones felt that this was a worthwhile expenditure. The Director stated that there are also logistics issues involved because there are between 12,000 to 15,000 people attending this event. Council member Carroll would oppose this kind of an increase, It was moved by Councilmember Jones and seconded by Council member Kerry that the City Council, acting as the ex-officio governing Board of Directors for the cypress Recreation and park District, direct staff to continue to work with the Multi- agency July 4th Fireworks Committee for the planning of the 1995 fireworks celebration. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCllMEMBERS: Jones, Kerry and Bowman 1 COUNCILMEMBERS: Carroll 1 COUNCILMEMBERS: Age Mayor Pro Tem asked about signature block on the Resolution of Commendation for Eagle Scout Jason Hansen in Item No. 12. The Personnel Director advised that the signatures had been corrected. ORDINANCE (Second Reading): It was moved by Council member Kerry and seconded by Council member Jones to order the fOllowing Ordinance read by title only, title as follows and to adopt the Ordinance establishing rules and regulations applicable to newsracks. The City Attorney advised that the clarification requested by Council member Carroll on the placement of the newsracks had been made. ORDINANCE NO. 934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ESTABLISHING RULES AND REGULATIONS APPLICABLE TO NEWSRACKS, The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: carrOll, Jones, Kerry and Bowman o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age CLOSED SESSION: Mayor Pro Tem Bowman recessed the meeting at 6:00 p.m. to allow the Council members to enter Into Closed Session to consider those Agendized items of Conference with Legal Counsel on existing litigation (Government Code Section 54956.9(a), Workers compensation Appeals Board Case No. VNO 0276257, William H. MCCUllers; and three separate Liability Claims (Government Code Section 54956.95) Mercury Insurance Group (Lori Shnayderman), Hien Van Huynh and Mercury Insurance Group (Robert A. Feltham) vs. the City of cypress. MAYOR AGE ARRIVED AT 6:30 P.M. The meeting was reconvened at 7:32 p.m. with all councilmembers, the City Manager/City Clerk, City Attorney and staff members Bacock Decarlo, Eynon, storey and Wicker present. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Bowman led the pledge. At the Mayor's request, Police Chief Wicker announced $500 was donated to the D.A.R.E. program by American Legion Post No. 295, Cypress, who has long been a staunch supporter of the program. Mayor Age thanked everyone who had sent cards and flowers wishing her a speedy recovery. PRESENTATION: Mayor Age presented a Certificate of special Recognition and Appreciation to Mr. George Briggeman, Jr. and thanked him for all his cooperation and help during the recent storms in proViding trash bins at no charge to the residents who were flooded. The City Manager reported on the WorkShop Session held at 4:30 p.m. regarding the establishment of AdviSOry Committees. He then summarized those actions taken by the Council during the 5:30 session of the Council meeting. 5 /- L ::/~ 325 CITY COUNCIL MINUTES January 23, 1995 The City Attorney reviewed discussions held by the Council during Closed Session on those items identified on the Agenda. Four of the items were pending litigation, three pending liability claims and workers compensation claim of William MCCullers in which Council approved the amount of $7,500. NO other items were discussed in Closed Session. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mrs. Danielle Galanter, 11512 Samoa street, cypress, expressed her support of the recall movement and her opposition to living 100 feet from the health hazard of the proposed Shaw Industries warehouse/distribution center. Mr. Steve Galanter, 11512 samoa Street, cypress, requested that he be a member of the Advisory Committee that will be established. He then read his comments on the unclear framework for selecting projects for the City and suggested the City adopt the methods used by private enterprise. He didn't believe the Council had the facts when they made their decision on the Shaw warehouse. He expressed support for a Planning commission, VOluntary or otherwise, and the recall of Council members Age and Kerry. Mrs. Jane wozniak, 4480 Avenida Granada, cypress, asked several questions about the Pump Station near the Sorrento Homes development, its problems and asked for a projected completion date. Mayor Age reported that they met with AsSemblywoman Doris Allen and asked for funding to line the channel, upgrade the pumps at the Nature park and Sorrento. The promise of some funding was received from ASSemblywoman Allen. She also has asked the City Manager to compose a letter to congressman Royce asking for federal funding to subsidize any state funding. Mrs. Delores Grau, 9333 vista serena, cypress, expressed her opposition to the proposed warehouse and her support for the south side of the City. She felt the warehouse would have a detrimental effect on the entire City and supported the recall of Councilmembers Age and Kerry. Mrs. Kathy Simcox, 6143 Trinidad Avenue, cypress, addressed three issues, I.e., Mayor Age's response to the recall, implementation of all the Citizens Fiscal Advisory suggestions and the quality of life of the citizens on the south side. She also questioned the two recall responses by Councilmember Kerry, cost of the recall election and made some response to newspaper article quotes by Council member Bowman. Mayor Age clarified with the City Attorney the status of comments made regarding Shaw and the pending litigation. Councilmember Kerry responded to the question on the difference in her recall responses. Mrs. Victoria Conde, 11301 Anegada street, Cypress, commented on the attention given to some public hearings, which did not exercise the same level of responsibility and depth of consideration in addressing the citizens concerns to the proposed Shaw Industries warehouse. Mrs. Joan Edwards, 4224 Via Norte, cypress, commented that she has not seen the City Council do anything irregular or wrong. She wondered why people bought houses backed up to a vacant lot and expressed her support for the Council. Ms. JOAnne west, 9375 cambridge street, Cypress, spoke on behalf of the Council that made a decision to approve a business that involved the use of large trucks on a regular delivery basis. She trusted the Council's jUdgement in approving the Shaw Industries project. Mrs. Therese McCormack, 9130 Esther street, cypress, thanked the City Manager for his letter and said that the problem had greatly diminished. She reported that the property still has a rusted metal building and would request that consideration be given to change the zoning to light industry due to the closeness of a residential area. She also mentioned the barking guard dog. Mrs. Regan smith, 6033 Trinidad Avenue, cypress, remarked that the recall is not a personal attack on either Councilmembers Age or Kerry, but because accountability has not taken place. She commented on the projected revenues, vehicle trips and pUblic review time of the Shaw Industries project. Council member Kerry suggested that further Oral Communications be deferred after Mr. Sundwall speaks, to the end of the meeting so Agendized items can be heard. It was 6 326 CITY COUNCIL MINUTES January 23, 1995 moved by Councilmember Kerry and seconded by Councilmember Bowman to defer further oral communications to the end of the Council meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Mayor Age stated that Mr. Sundwall would be the last person to speak at this time. Oral communications continued with Mr. Don wesling, 11431 Anegada street, cypress, chastising the Council for not listening to the citizens concerns about the Shaw warehouse and he did not want a Council like that representing him. The proposed warehouse will have an impact on the entire City, no one would want to live where he lives and it will eventually affect all the citizens. Mr. Reynold Elkin, 4034 orange Avenue, cypress, addressed the issue of the proposed Shaw project, his support of that development and he enumerated the reasons, He then addressed the recall issue. He stated that a committee for fiscal and political stability in cypress has been activated and invited all interested citizens to participate. Mr. Bob Sundwall, 5486 Vista Sierra, cypress, spoke in support of the Shaw Industries project and in opposition to the recall. Councilmember Bowman commented about the facts of the proposed Shaw Industries warehouse/distribution center that were discussed prior to the November election and the facts, as he understood them, are the same now as when he voted on the project in September. Nothing has changed. He referred to the conditional use process, the amount of sales tax revenue and pUblic improvements. RECESS: Mayor Age recessed the meeting at 9:00 p.m. and reconvened at 9:20 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Clarification Of Matters on the 7:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. JAMES M. HAAS. D.B.A. YOUTH WORK PROGRAM. 3330 WEST HARVARD, SANTA ANA, CA 92704: Mayor Age opened the public hearing. The City Manager summarized the staff report dated January 16, 1995, which indicated an application had been received for a special permit to allow the sale of candies and seasonal items door-to-door in the City of Cypress, filed by Mr. James M. Haas, dba Youth Work program, 3330 West Harvard, Santa Ana. The Affidavits of Publication and posting of the Public Hearing Notice on this matter are on file in the Office of the City Clerk and, as of this date, no written communications have been received either in favor or in opposition to this Special Permit application. The Chief of Police has conducted an investigation and a copy of the Department's report is attached. In accordance with Section 15-62 of the cypress City code, the City council, having received the report from the Chief of police and conducting a Public Hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. Mr. James Haas, 3330 west Harvard, Santa Ana, representing Youth Work Program, advised that this was a for profit program teaChing youth a variety of job skills. Mayor Age asked if anyone wished to speak in support of or opposition to the application. Mrs. Regan Smith spoke in opposition to the application because the neighbors do their fundraising from each other. She had a problem with the organization being for profit and she opposed the application. Mr. Jerry Sharber, 11615 Lakia Drive, cypress, stated that their neighborhood has been inundated by a number of these groups. The youth are only making 25% and he expressed his opposition to the application. Mr. Haas commented that he is coming from a surrounding city and some of his youth do live in cypress, He is asking for permiSSion to sell once a month or every other month and he is doing it for the kids. 7 /- ~. (J 327 CITY COUNCIL MINUTES January 23, 1995 Councilmember Bowman advised that he did not approve of for profit organizations coming into the community and going door-to-door. The competition is the non-profit organization, there are many in this City and he would continue to support the non- profits. It was moved by Councilmember Bowman and seconded by Council member Jones to close the pUblic hearing and deny the permit. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: RENEWAL OF CONDITIONAL USE PERMIT NO. 93-3, CHURCH USE AT 6381 BALL ROAD, CYPRESS: The public hearing was opened by Mayor Age. The staff report dated January 13, 1995 indicated the applicant is requesting that this item be continued. The City Manager noted that the date of February 26, 1995 should be February 27, 1995. It was moved by Councilmember Jones and seconded by Councilmember Kerry to continue this item to the City Council meeting of February 27, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUED CONSIDERATION OF PROCLAMATION OF LOCAL EMERGENCY IN THE CITY OF CYPRESS: Mayor Age asked the City Manager to provide the audience an update on the local emergency. The Mayor will be on "Your City, Your police" and it will be an opportunity to stress the importance of neighborhood involvement in times of extreme emergencies and ideas that will be incorporated into a Standard operating Procedure. There was a meeting held with Assemblywoman Allen in an effort to secure funding and congressman Ed Royce will be contacted for federal funding. The City Manager reported that assessment from the flood damage was 331 homes, in excess of 200 vehicles, in the amount of approximately $1,100,000. There was an overflow at Moody creek, which is a County facility; the final EMA diagram showed the cypress area as having the heaviest concentration of rain and it is now being reported as a 200 year storm. The action tonight will extend the time to file claims with the federal agency. There was volunteer assistance from Briggeman Disposal, cypress Auto TOW, citizen amateur radio emergency services and Red cross preliminary damage assessment teams. The pumps were not inoperative. The power went out but they were powered by backup propane generators and they were in full operation. The Police Chief reported that, so far, 20,000 claims have been received from Southern California for damages to private property. He provided the 'phone number for those people requiring grants, loans or any assistance that might be needed to recover and he provided the information FEMA would require. The corrected date of the storm has been provided to FEMA and some of those teams are already coming into the area to meet with people who have filed claims. The City Manager asked for direction from Council on a communication that was discussed at their January 7 meeting. Mayor Age suggested a letter be prepared with relevant information and send that communication to the people that were affected by the storm. Councilmember Kerry would like to see the communication sent City-wide to all businesses and homes. Councilmember Carroll asked about the level of inquiry to the City. The Chief reported that the inquiries are limited to the FEMA telephone number. The phone numbers and process have been published in the local newspapers. Council member Bowman felt that the letter should go to everyone. The city Manager clarified if this would be a special City Newsletter dedicated to emergency services. He would have a letter composed and have the Mayor review it. Mayor Age did sent a letter to the Edison company aSking for a discount. cypress Auto Tow replied that they did not charge any fee during the storm for motorists who needed assistance and will continue to service damaged vehicles and the discount policy for those tows through the end of January. A letter received from the Edison company today indicated they are unable to deviate from the billing process but are prepared to establish payment arrangements on a case-by-case basis. The City Manager reported 8 ~ - 328 CITY COUNCIL MINUTES January 23, 1995 that he just received a note informing him that FEMA inspectors will come out without the paperwork being filed once the location is called in, which is something else that might be noted in the letter. It was moved by Council member Bowman and seconded by Councilmember Kerry to ratify the Proclamation of Local Emergency to stand as was originally proclaimed on January 5, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None The Police Chief reminded the Council that the Proclamation must be ratified every 14 days and the next regular Council meeting is beyond that period. Regarding CONSIDERATION OF DESIGN REVIEW COMMITTEE PERMIT NO. 95-1, ESTABLISHMENT OF A DENTAL OFFICE, 5352 LINCOLN AVENUE, CYPRESS, the Planning Director advised that Item No. 29 should be heard first. CONSIDERATION OF POLICY REGARDING THE DEVELOPMENT/REVITALIZATION OF SUBSTANDARD LOTS WITHIN THE LINCOLN AVENUE STUDY AREA: The Planning Director summarized the staff report dated December 29, 1994, which advised that the development/revitalization of substandard lots became a priority when an application was received for the conversion and expansion of an existing vacant office to a dental office on a substandard lot. Staff is requesting policy direction for the interim period until the speCific plan is approved. Due to the difficulty in developing these lots under existing code standards and the fact that the draft specific plan is being developed, staff identified three interim policy options to address the issue of development/redevelopment of small, undersized lots on Lincoln Avenue: (1) require strict adherence to existing development standards, (2) allow administrative adjustments, or (3) continued evaluation on a case-by-case basis. Council member Carroll complimented staff on the report and he opted for the POliCY option 2A, which would allow staff some latitude in allowing people to improve the property. Councilmember Jones remarked that she preferred option 3 so the Council could review development on a case-by-case basis. Councilmember Bowman mentioned that he might not be able to vote on this item because he has one of the lots for sale. He believed the requests would have to be done on a case-by-case basis and the public be made aware that the City is encouraging these lots to be developed individually. Council member Kerry stated that the subject office has been improved dramaticallY, it is the best building on the block and any further improvement will not change the rest of the block. The Council is very close to concluding the specific Plan and she expressed her support of option 1 or delay this item until after review of the Lincoln Avenue SpeCific Plan. Councilmember Bowman stated he didn't believe consolidation of those lots would help and there seems to be a desire for small office use. Mayor Age voIced her support of Option 3. Council member Carroll stated that option 3 was not a policy direction and Council should be looking in directing staff in long-range planning. It was moved by Councilmember Bowman and seconded by Council member Kerry to direct staff to continue with Option 3 which is evaluating each project on a case-by-case basis. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Jones, Kerry and Age 1 COUNCILMEMBERS: Carroll o COUNCILMEMBERS: None CONSIDERATION OF DESIGN REVIEW COMMITTEE PERMIT NO. 95-1, ESTABLISHMENT OF A DENTAL OFFICE. 5352 LINCOLN AVENUE, CYPRESS: The City Manager noted that the address as stated on the Agenda should be 5352 Lincoln and he asked the Planning Director to proceed with the staff report dated January 6, 1995. The application represented a request for design review approval for the establishment of a dental office at an 9 /'';./10 329 CITY COUNCIL MINUTES January 23, 1995 existing office use site. As currently developed, this site is designated "Legal Nonconforming" due to the reduced street sideyard setback along Watson street and inadequate landscaping at the perimeter of the existing parking area. The applicant revised his proposed site plan to bring it into closer conformance with applicable development standards. However, even as modified, the proposed project will require approval of certain administrative adjustments before it can proceed. staff deferred action on this application until City Council had reviewed POliCY issues regarding development/redevelopment of substandard lots along the Lincoln Avenue Corridor. The applicant, Dr. Don Wood, 5394 Vista Hermosa, cypress, stated he wished to work with staff and welcomed any suggestions. Responding to Councilmember Jones' question on parking, the Planning Director replied that the parking is adequate for the current use. Council member Kerry commented that if a fund for parking issues on Lincoln Avenue were established, she would be in agreement with this plan. The Council asked the applicant if he would agree to participate or not protest the formation of a district or other financing mechanism for parking in the future. Dr. wood agreed. The City Manager remarked that the City doesn't know what the needs are yet, but a mechanism needs to be established so all the property owners are treated fairly in the future. The City Attorney made a request that the applicant, for the record, agree not to protest the formation of parking funding. The Planning Director restated the condition as fOllOWS, "That the applicant agrees to participate and will not protest in any parking financing mechanism that is designed by the City or the Redevelopment Agency." Dr. Wood, for the record, agreed not to protest and to participate in the resolution of the parking problems. It was moved by Councilmember Kerry and seconded by Councilmember Jones to adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 95-1, with the added condition on parking financing. Council member Bowman announced that he had been advised by the City Attorney that he had a conflict of interest so he would abstain. RESOLUTION NO. 4437 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-1 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: o COUNCILMEMBERS: o COUNCILMEMBERS: 1 COUNCILMEMBERS: carroll, Jones, Kerry and Age None None Bowman CONSIDERATION OF AUTHORIZATION TO NEGOTIATE CHANGE ORDER FOR SEAL COAT OF TANGLEWOOD ALLEYS, STREET REHABILITATION AND SLURRY SEAL OF VARIOUS ALLEYS, CIVIC CENTER PARKING LOT, AND WELLSON DRIVE, PUBLIC WORKS PROJECT NO. 9316: The City Manager reviewed the staff report dated January 16, 1995, which indicated the acceptance of the project had been continued due to complaints raised concerning the condition of the Type II slurry seal. To remedy the current condition of the slurry seal, it was recommended that a seal coat of emulsified asphalt be applied to the alleys to penetrate the slurry seal and help bind the aggregate material in place. This work could be accomplished as a change order to the general contract with SUlly-Miller. In the future, staff will consider the use of this product only for arterial highways where it has been used successfully. It was moved by Council member Bowman and seconded by Council member Kerry to authorize staff to negotiate a contract change order, for an amount not to exceed $30,000.00, for the application of a seal coat to the Tanglewood alleys. The motion unanimOUSly carried by the following roll call vote: 10 .,.( . 330 CITY COUNCIL MINUTES January 23, 1995 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF DI$CUSSION TO AMEND RESOLUTION NO. 3431, ESTABLISHING THE ORDER OF BUSINESS OF CITY COUNCIL MEETINGS: Mayor Age said that she had asked that this matter be placed on the agenda for discussion by the City Council. At this and the last Council meeting, Oral Communications ran fairly long in spite of the two minute time periOd. A person that has a scheduled item on the Agenda should not have to wait two hours to be heard. She suggested hearing oral communications for one-half hour at the beginning of the meeting and anyone else who would like to speak after that, would wait until the end of the Agenda. Councilmember Kerry expressed a desire to strictlY maintain the two minutes, each person speaking only once and further communication can be taken at the end of the meeting. Council member Jones concurred with the additional communication at the end of the meeting; however, two minutes is not enough time. People who have items on the agenda are forced to wait through oral communications. council member carroll agreed that two minutes was not enough time for oral communications. He suggested limiting each speaker to three minutes, end oral communications after one-half hour and apply the rule consistently. Councllmember Bowman said that he was in favor of limiting the total amount of time, limiting the individual to three minutes and speaking only once. They are welcome to speak again at the end of the Agenda. After additional discussion, Council member Bowman suggested limiting by degrees, with the three minutes for each speaker and if it does not work, then a time limit will be Imposed. It was moved by Councilmember Bowman and seconded by Councllmember Kerry to limit oral communications at 7:30 p.m. to three minutes per speaker, speaking only once with unlimited time to speak during the oral communications at the end of the meeting. The motion unanimously carried by the fOllOWing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carrOll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Responding to Mayor Age, the City Attorney answered that he will provide the Council with the Resolution and an Ordinance repeal at the next Council meeting. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 13476- 13627: It was moved by Councilmember Bowman and seconded by Councilmember Kerry to approve the Warrants No. 13476 through 13627 in the amount of $876,177.82. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, JOneS, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF JOINT POWERS AGREEMENT FOR THE FIRE AUTHORITY: The City Manager advised that the Council had previously approved the Joint Powers Agreement with the county for creating the Fire Service Authority. The County did approve the creation of the Joint powers Fire Authority. The issue following that was the declaration of bankruptcy by the Orange County Investment Pool and there was concern as to what would happen to the funds that were a part of this agreement which were put into the authority by the various cities as members of the prior joint power agreement with the County Fire Department. That issue is still one of concern and in order to expedite this, it became apparent that action was needed prior to the February 3 deadline. The Council has appointed Council member Carroll to this AgenCY as the City's representative. The City Manager pointed out some minor changes that were made to the agreement. Mr. Pat Walker, representing the Fire Department, was available to answer any questions. He mentioned the fax received from the City of San Clemente that had just arrived but there was little time to deal with the issues raised in that communication but Mr. Walker did have some answers. 11 /. L3i!2 331 CITY COUNCIL MINUTES January 23, 1995 Mayor Age noted that supervisor Roger Stanton voted no and with that vote he should not serve as a Board of Supervisor member representative on this particular committee. She asked that Councilmember Carroll make the committee aware of the no vote. Councllmember Carroll said that the Joint powers would give the City more of a pOlicy voice about what happens in the fire department in the various cities' areas. The county would transfer assets to the authority and an operating budget; however, there was some concern about that because of the bankruptcy. He asked the City Attorney's and Finance Director's opinion on various sections of the proposed agreement. Councilmember Kerry commented that the cities want to have more control over something as critical as their fire services and the filing of bankruptcy has added incentive for fast action. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to adopt the Resolution by title only, title as fOllOWS, creating the joint powers agreement. RESOLUTION NO. 4438 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE JOINT POWERS AGREEMENT CREATING THE JOINT POWERS AGREEMENT CREATING THE ORANGE COUNTY FIRE AUTHORITY AND DESIGNATING AND APPOINTING A REPRESENTATIVE AND AN ALTERNATE TO THE BOARD OF DIRECTORS. Council member Bowman remarked that there has been discussion about restructuring County government and the Fire Services District is one of the first measures. The power of the orange county Fire Department is being changed into a Fire District, removing it from the control of the Board of supervisors and the joint powers agreement is made up of 18 cities each having a representative on the Board. He had no problem with the agreement. The motion unanimously carried by the fOllOWing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mr. Tony smith, 6033 Trinidad Avenue, cypress, referred to the Council's shortening the length of the Oral Communications at the beginning of the meeting which is in direct violation of the City code. He asked the Council to rescind the decision to adopt the shortened speaking time until the City code is changed to reflect a shorter period of time and then adopt a POliCY consistent with the law. The City Attorney explained that the Council had directed him to bring back an Ordinance to repeal the 10 minutes in that Section and then a Resolution implementing the policy. Council member Jones stated that Oral Communications would be unlimited at the end of the meeting. No one is trying to suppress the right to speak. Councilmember Kerry advised that an overall time limit was not set, the same speakers are coming back, taking as long as they want and three minutes is an adequate time for matters not on the agenda. If someone has more to say, then the end of the Agenda is the appropriate time. Mrs. Kathy Simcox, 6143 Trinidad Avenue, Cypress, thanked Mr. Larimer from Shaw Industries for attending the City Council meeting. She said the Association is not opposed to Shaw, just to the proposed warehouse'S location. She then read a statement made by council member Bowman and, in response to that statement said she does have the information and she does have the facts. Councilmember Bowman asked the City Attorney if it would be appropriate if he reviewed the facts with the Association. The City Attorney agreed as long as the discussions were confined to the facts only. Mr. Loren Van Tuyl, 9542 Margaret Street, cypress, said that when those people bought homes, they didn't know what they were buying and now they want the rest of the City to help them out. He did not want to help them out and hoped everyone got the number because they are going to back their Councllmembers. 12 1- .::... 332 CITY COUNCIL MINUTES January 23, 1995 Mrs. Simcox asked to clarify what she had said previously and she would be happy to share with Council member Bowman the information the Association has acquired from staff and asked that a meeting be set. Mr. Jerry Sharber, 11615 Lakia Drive, cypress, remarked that he did check the area before he bought in 1986, looked at what was planned for the vacant land and what was planned is not what is proposed. Mayor Age stated that the zoning of the property was not changed. Mr. Sharber advised that the zoning has not changed but the magnitude and scope of the project has certainly changed. There ensued discussion by the Councilmembers with Mr. Sharber on vehicle trips, floor area ratio and traffic studies. Councilmember Bowman asked the City Attorney if it were permissible to bring the traffic studies and project them onto the screen sometime during the next meeting. The City Attorney concurred. Mr. Don wesllng, 11431 Anegada street, cypress, said he did check with the City before he purchased his home and he would rather have 14 one stOry building than one large 45 foot high building. Councllmember Bowman suggested that at the next meeting, the elevations approved by the Council also be projected on the screen. After some further discussion, Mayor Age asked for a motion to continue the meeting past 11:30 p.m. It was moved by Councilmember Kerry and seconded by Councllmember Jones to continue the Council meeting past the hour of 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Mr. wesllng suggested that the warehouse should have been located on Katella and valley View Street Instead of Orangewood and valley View. He stated that he would continue to voice his objections to this project until the matter is settled in the courts. He voiced his displeasure on not being afforded the time at the september 26 council meeting to look Into this matter further. After considerable discussion, Councllmember Bowman suggested that Mr. wesllng obtain an appraisal on his property now and after the building is built have another appraisal done. The measurable loss would be whatever the difference in value Is. Mr. wesling asked if he does get this appraisal and his property value drops any measurable amount, could he obtain recourse through a lawsuit. The City Attorney responded that, for the record, Council member Bowman is not recommending any course of action. Mrs. Linda sunley, 4266 Via Verde, cypress, voiced her support of the proposed Shaw warehouse/distribution center project. The property had been zoned for over 20 years for this type of development. She felt It would be helpful for all citizens who wanted the facts to be able to consider them at the next meeting. She did not want her tax dollars to be spent on a recall election. Mrs. Regan smith, 6033 Trinidad Avenue, cypress, reported that she had the traffic study, which is based on one Shaw facility and two facilities are being combined. She asked if the conditional use permit could be amended to limit the entire project to 900 truck trips a day. She asked if the Council had Investigated the State Board of Equalization's ruling on point of sale at a will-call facility. After some discussion on point of sale, the Finance Director clarified that as long as Shaw gives the City their sales tax record, it is no longer privileged information; therefore, there Is a way of verifying it at any point in time. On a normal basis, he would be aware of what it was, but he cannot reveal that information. The State Board of Equalization sends the City a tape each quarter of Shaw's sales. A resident, no name or address given, explained that FEMA inspectors are arriving much earlier than expected and they are dealing with the situation before the paperwork is being turned in and people are concerned that it is not a legitimate visit. 13 / L-133 CITY COUNCIL MINUTES January 23, 1995 Council member Bowman mentioned that former Councilmember Richard Partin was U'le liaison for Friends of the Cultural Arts and Friends of Recreation and Parks and someone from the Council needs to become the liaison. The City Manager suggested this item be on the next Agenda. council member Kerry commented on the new City map put out by the Chamber of Commerce. Mayor Age reminded Council that D.A.R.E. graduations are coming up beginning January 30. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. The City Manager announced that there will be a workshop session on Monday, February 13,1994 at 4:30 p.m. to discuss redevelopment and investment strategy. Mayor Age reminded the audience that there will be a roast for former Council member Richard Partin on January 27. ADJOURNMENT: Mayor Age adjourned the meeting at 12:15 a.m. to Monday, February 6, 1995 at 6:00 p.m. in the Administrative Conference Room. ~/~~ ~~ AYOR OF THE cl OF {SS ATTEST: /i~ CITY CL K F E C OF CYPRESS 14