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Minutes 95-11-27CITY COUNCIL MINUTES CITY OF CYPRESS November 27, 1995 Page ABC LICENSE--R/F transfer app filed by Howard To dba A&TS Mkt, 4502 Lincoln CABLE TV--COnt adopt of Reso in re approval of transfer of Copley to Continental to 12/11 CITY COUNCIL MEETINGS-Cont discussion of City newsletter to 1/8 CITY COUNCIL REORGANIZATION--COUnCil appt Mayor Bowman Mayor & Mayor Pro Tern Kerry CUP NO. 91-3--Cont P/H, Grace Church, 5100 Cerritos to 12/11 FAMILY OF THE YEAR-AdOpt ReSO recognizing Nieto Family as 1995 Family of the Year FINANCE, COMM WARRANT LIST--Apprv Warrants NO. 18152-18335 LEAGUE OF CA CITIES-AUth attendance of City Mgr at meeting in San Diego, Feb 14-16 LEASH LAW--Citizen spoke on the need for posting leash law PAVEMENT REHAB-Apprv master agree & supplement, Mayor to execute & adopt Reso, PW Proj 9303 PRESENTATION-Present "1995 Cypress Family of the Year" to the Nieto Family REC & PARK DIST--Purchase of portable scoreboard & allocation of funds STOP SIGN-Cont discussion of stop sign on Larwin Avenue to 12/11 TAXICABS--Cont P/H on Red Top Cab Co to 12/11 TAXICABS--COnt P/H on South Coast Cab Co. to 12/11 UTILITIES--Workshop session on PacBell fiber optics, personal communications & easements ZONING MATTERS--Apprv DRC NO. 95-37, Bandai Corp Headquarters, 5551 Katella Ave 2 4 2,3 4,5 3 2 7 2 2 3 1,2 5,6 3,4 4 1,4 6 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 27, 1995 The Regular Meeting of the Cypress City Council was called to order at 5:02 p.m. in the Administrative Conference Room, City Hall, West Wing, 5275 Orange Avenue, Cypress, Mayor Cecilia L. Age presiding. PRESENT: ABSENT: Councilmembers Bowman, Carroll, Kerry and Age Councilmember Jones AlSO present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and Public Works Director Mark Christoffels. COUNCILMEMBER JONES ARRIVED AT 5:05 P.M. WORKSHOP SESSION: Consideration of Fiber Optic and Personal Communications Services. The City Manager introduced the representatives from Pacific Bell who discussed the issues of review of the fiber optic program which is currently underway in the City and the personal communication services. There would be further discussion later in the evening addressing the request for the two easements. RECESS: Mayor Age recessed the workshop session at 5:42 p.m. to allow the Council to reconvene in the Council Chamber. The meeting reconvened at 5:50 p.m. with all Councilmembers present. Also present were staff members Bacock, Christoffels, DeCarlo, Storey and Wicker. ORAL COMMUNICATIONS: FOr Matters on the 5:30 P.M. Agenda. The City Manager announced that Item No. 1, CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF PORTABLE SCOREBOARD AND ALLOCATION OF APPROPRIATION OF FUNDS FOR CAPITAL OUTLAY., need not be considered because it is a duplication of Item No. 9 on the Consent Calendar, so the only Council action necessary is to receive and file. It was moved by Councilmember Jones and seconded by Councilmember Kerry to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 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 requested that Item No. 6, Consideration of Adoption of Resolution Establishing the Order of Business of City Council Meetings, be removed from the Consent Calendar. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to approve the Consent Calendar Items NO. 2 through 9, with the exception of Item NO. 6. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 2: Motion tO Approve City Council Minutes of October 23, 1995, November 13, 1995, and November 14, 1995. Recommendation: That the City Council approve the Minutes of the Regular Meetings of October 23, 1995, November 13, 1995, and the Adjourned Regular Meeting of November 14, 1995, as submitted, with Mayor Age abstaining on the November 14, 1995 meeting due to her absence at the meeting. Item NO. 3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 4: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Howard Hoang TO, D.B.A. A & T S Market, 4502 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item NO. 5: Consideration of Authorization to Attend the League of California Cities' City Managers Department Meeting. Recommendation: That the City Council authorize the attendance of the City Manager to the League of California Cities' City Managers Department Meeting to be held in San Diego on February 14-16, 1995, and be reimbursed for all actual and necessary expenses incurred. Item No. 7: Consideration of AdOption of Resolution Recognizing the Nieto Family as the 1995 Cypress Family of the Year. Recommendation: That the City Council adopt the Resolution by title only, title as follows, recognizing the Nieto Family as the "1995 Cypress Family of the Year." RESOLUTION NO. 4570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE NIETO FAMILY AS THE 1995 CYPRESS FAMILY OF THE YEAR. Item No. 8: Consideration of Approval of the State-Local Entity Master Agreement No. SLTPP-5330 and Program Supplemental Agreement No. 001 and Adoption of a Resolution Approving Said Agreements for Public Works Project No. 9303. Recommendation: That the City Council: 1) Approve the State-Local Entity Master Agreement No. SLTPP-5330; 2) Approve the Program Supplement No. 001 to the Master Agreement; 3) Authorize the Mayor to execute said agreements; and 4) Adopt the Resolution by title only, title as follows, approving the State-Local Entity Master Agreement NO. SLTPP-5330 and Program Supplement No. 001 which identifies the eligible project as the Pavement Rehabilitation of Cerritos Avenue from Valley View Street to Walker Street. RESOLUTION NO. 4571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE STATE- LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5330 AND PROGRAM SUPPLEMENT NO. 001 FOR THE IMPLEMENTATION OF THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR PUBLIC WORKS PROJECT NO. 9303. Recreation & Park District Matters: Item No. 9: Consideration of Grant Money Received from the PacifiCare Foundation. Recommendation: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District: 1) Formally accept the grant in the amount of $7,500 from the PacifiCare Foundation; and 2) Appropriate $1,100 to Activity Supplies Account NO. 4104-12-310-10 for purchase of supplies, $1,900 to Internal Services Fund No. 4310-83-650-35 for purchase of portable scoreboard, and $4,500 to Contract Services ACCOUnt NO. 4187-12-310-10 for contractual services incurred for upgrades from the Cypress Recreation and Park District's General Fund Unrestricted Fund Balance. END OF CONSENT CALENDAR Regarding Item No. 6, Consideration of Adoption of Resolution Establishing the Order of Business of City Council meetings, Councilmember Jones advised that she was absent when this item was discussed previously and she wanted to voice her opinion. She expressed concern for the regular citizen and their ability to speak to the Council if Oral Communications were moved to the end of the meeting. She suggested discussing once more the possibility of sending out a newsletter to the community because she felt the citizens needed to know how to reach the Council. Councilmember Kerry suggested that this item be placed on the January 8, 1996 agenda. She also suggested that an announcement be made at the beginning of the 7:30 portion that if the public had concerns, to contact staff directly. It was moved by Councilmember Jones and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, revising the order of business of City Council meetings. RESOLUTION NO. 4572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RESCINDING RESOLUTION NO. 4446 AND ESTABLISHING THE ORDER OF BUSINESS OF CITY COUNCIL MEETINGS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CLOSED SESSION: Mayor Age recessed the meeting at 5:55 p.m. to enable Council to enter into Closed Session to discuss those agendized items of: Conference with Labor Negotiator (Government Code Section 54957.6); Conference with Legal Counsel, One Anticipated Litigation (Government Code Section 54956.9(b) and Liability Claim (Government Code 54956.95), Janay Scales, et al vs. City of Cypress. The meeting reconvened at 7:30 p.m. with all Councilmembers present. Also present were staff members Bacock, Christoffels, DeCarlo, Kelly, Storey and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Jones. PRESENTATIONS: Mayor Age read and presented a Resolution to the Nieto Family recognizing them as the "1995 Cypress Family of the Year." Mr. Nieto thanked all the people who supported him and the great honor it was for him to receive this award. MS. Joan Edwards, representing the "Family of the Year" Committee, explained some of the background of Family of the Year week, the families chosen and the criteria that is sought when choosing a family of the year. Mayor Age announced the passing of Mr. Ned FOX last week and Mr. Leon Scott last night. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one spoke. The City Manager reviewed discussions held during the workshop session and he then summarized the actions taken by the Council during the 5:30 p.m. portion of the agenda. The City Attorney reviewed discussions held during Closed Session on: Personnel Matters regarding Employee Negotiations with the Public Safety Employees Association and the Public Works Maintenance Supervisors Association and a claims issue under the Tort Liability Claims Act in which the City of Cypress approved the settlement amount for the claim. The conference with legal counsel on an anticipated litigation matter was not discussed. CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 91-3, ADDITIONAL PARKING LOT - GRACE CHURCH, 5100 CERRITOS AVENUE, CYPRESS: The City Manager advised that there has been a request to continue this item. It was moved by Councilmember Bowman and seconded by Councilmember Jones to continue this item to the Council meeting of December 11, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A NON-EXCLUSIVE TAXICAR FRANCHISE - RED TOP CAB CO.: The staff report dated November 22, 1995 requested a continuation of this item for completion of the Police Department's investigation. It was moved by Councilmember Jones and seconded by Councilmember Bowman to continue this item to the City Council meeting of December 11, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: NON-EXCLUSIVE TAXICAB FRANCHISE - SOUTH COAST CAB CO.: The staff report dated November 22, 1995 requested this hearing be continued due to the fact that the Police Department's investigation is not complete. It was moved by Councilmember Jones and seconded by Councilmember Bowman to continue this Public Hearing to the meeting of December 11, 1995. AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age None None CONTINUATION OF CONSIDERATION OF ADOPTION OF RESOLUTION REGARDING THE APPROVAL OF THE TRANSFER OF THE CATV FRANCHISE FROM PROVIDENCE JOURNAL COMPANY, A PARENT COMPANY OF COPLEY COLONY CABLEVISION, TO CONTINENTAL CABLEVISION, INC.: The staff report dated November 21, 1995 indicated that a recommendation would be announced at the Council meeting but Mayor Age advised there had been a request to continue this item to the meeting of December 11, 1995. It was moved by Councilmember Kerry and seconded by Councilmember Jones to continue this item to the City Council meeting of December 11, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF GRANTING OF TWO EASEMENTS TO PACIFIC BELL: The City Manager reported that this item was continued from the City Council meeting of November 13, 1995, the item was the subject of the workshop session and he suggested consideration of a continuance in order to deliberate on the issues raised at that meeting. Members of Pac Bell were present to discuss this ma~ter. Mayor Age stated that the Council had given direction to the City Attorney and she asked him when he would be able to respond. The City A~torney requested a continuance to the first meeting in January. The Councilmembers reiterated some of the items to be considered: compensation for the easements, language limiting the use of the easements to boxes and not towers, video uses and reviewing the legality of a long term relationship and the San Diego contract. The City Manager suggested all the issues raised at the workshop session be considered by the City Attorney. Councilmember Bowman recommended that the code regarding the height, density and location of towers be reexamined. It was moved by Councilmember Jones and seconded by Councilmember Bowman to continue this item to the meeting of January 8, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF CITY COUNCIL REORGANIZATIONS: At this time, Mayor Age resigned from the office of Mayor. The City Clerk asked for nominations for the office of Mayor. It was moved by Councilmember Carroll and seconded by Councilmember Kerry to nominate Councilmember Bowman for the office of Mayor and to close the nominations. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None The City Clerk declared the position of Mayor filled by Councilmember Bowman by a unanimous vote. Mayor Age said that, during her last year on the City Council, she would concentrate her efforts on supporting qualified people to run for City Council and she will not be supporting anyone that ran in the recall election. She has taken papers out to run for the 67th Assembly District. 4 Mayor Bowman assumed his seat and opened the nominations for Mayor Pro Tern. It was moved by Councilmember Jones and seconded by Councilmember Age tO nominate Councilmember Kerry for Mayor Pro Tern and close the nominations. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATIONS FOR THE INSTALLATION OF STOP SIGNS ON LARWIN AVENUE AT ELIZABETH COURT: The City Manager called upon the Public Works Director to summarize the action taken by the Traffic Commission on this item. The Public Works Director advised that this was a request from a citizen for a stop sign on Larwin Avenue, which was denied by the Traffic Commission. At the request of former Mayor Age, it was agendized to be heard by the City Council. He asked Mr. Keith Carter, Associate Engineer, to provide Council with an overview of what the Traffic Commission considered at their meeting of November 21, 1995. Mr. Carter advised that a letter has been received from Mr. David Crawford, 4091 Larwin Avenue, requesting the installation of stop signs on Larwin Avenue at Elizabeth Court out of concern with the increasing speeding problem on Larwin Avenue. Mr. Crawford noted the presence of a school bus stop at this intersection which added to his concerns about speeding on Larwin Avenue. Mr. Carter said that the process for determining if a multi-way stop should be installed at an intersection is to conduct a traffic volume study and review the accident history. A field review of this intersection showed that there is currently a stop sign for northbound Elizabeth Court at Larwin Avenue. The field review also found that what appeared to be a private school bus did drop off approximately three children near the intersection of Larwin Avenue and Elizabeth Court. Overall, the situations do not meet any of the recommended warrants for the installation of a multi-way stop. Also, an increase in City liability occurs when stop signs are installed without meeting the warrants. One common, and dangerous, misuse of stop signs is to arbitrarily interrupt through traffic. Staff also conducted a radar speed survey on Larwin Avenue. The Traffic Commission recommended several options that could be utilized, such as, the City's Speed Monitoring Radar Trailer, follow- up selective enforcement by the Police Department, noticing residents through the association newsletter requesting adherence to the 25 mph speed limit, adopting a resolution providing for the installation of 30 feet of "No Parking Anytime" area on the south side of Larwin Avenue, east of Elizabeth Court, review the possibility of installing additional street lighting at the intersection and the Traffic Engineer attending Neighborhood Watch meetings. The Public Works Director stressed the importance of viewing this situation in terms of access control at the intersection. Councilmember Kerry asked about the concept of speed humps as used in other cities and she suggested they be looked into as a method of controlling speed. Mr. James Hagenbach, stated that their main concern was speed because of the change in demographics in Tanglewood. There are more older people and children going back and forth across Larwin. There is an activity area across the street and they are afraid for the children and older citizens. They do need a street light at that intersection and he referred to an identical situation in the Sorrento Homes tract. Mr. Dave Crawford, 4091 Larwin Avenue, Cypress, said that it is the people in the neighborhood that are speeding and his wife is probably one of the biggest offenders. He said the neighborhood is changing and there are younger families with children. He urged the Council to consider the situation and take another look at it. Mr. Carter responded to requests from Councilmember Age to explain the difference between the Larwin Avenue and Sorrento Homes situation and from Mayor Bowman to explain a similar situation on Grand Manaan and South Hampton Streets. Councilmember Kerry posed some questions on the grounds that might be used to install a stop sign and she requested the City Attorney provide additional information. She had asked the location of the recreation areas and existing stop signs be identified. She asked that this item be continued to the next meeting. Councilmember Jones asked about the request for the installation of a street light at the intersection. The Public Works Director advised that a report could be made at the next Council meeting. Councilmember Carroll asked that the Public Works Director speak to the safety issues. The Public Works Director commented on the definition of the problem, is it speeding or access control or a combination of both. Councilmember Age urged staff to look at all avenues and bring back the information requested for the next meeting. The City Manager recommended that, in the interim, the items suggested by the Traffic Commission be implemented. It was moved by Councilmember Kerry and seconded by Councilmember Jones to approve the recommendations as follows: Concur with the use of the City's Speed Monitoring Radar Trailer with follow-up selective enforcement by the Police Department, o Send a notice to residents in the Tanglewood area through their association newsletter requesting them to adhere to the 25 mph speed limit on local streets; o Recommend to the City Council the adoption of a resolution providing for the installation of thirty (30) feet of "No Parking Anytimef' area on the south side of Larwin Avenue east of Elizabeth Court; Have Staff review the possibility of installing additional street lighting at the intersection; and o The Traffic Engineer available to attend Neighborhood Watch Meeting to discuss speeding on Larwin Avenue. and to continue further discussion on the issues raised by the Council to the meeting of December 11, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCiLMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 95~37, CORPORATE HEADQUARTERS BUILDING FOR BANDAI AMERICA, 5551 KATELLA AVENUE: The City Manager asked the Community Development Director to summarize the staff report dated November 16, 1995 which represented a request to add approximately 19,500 square feet of office floor area to the approved building resulting in a total building area of approximately 76,616 square feet. Councilmember Kerry asked to be excused from the dais due to a conflict of interest because her business is directly across the street from this project. The Community Development Director continued with the report advising that the increase in square footage is proposed as additional office area and will not change the intended use of the building. It was determined that the proposed project meets all of the development codes and standards as set forth in the McDonnell Center Amended Specific Plan. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. The Design Review Committee has reviewed the architectural and site design of the revised building and recommended approval of the project design, subject to conditions in Exhibit "A". Mr. Randy Gustufson, counsel for Bandai America, Inc., introduced some of his colleagues from Takenaka U.S.A. Inc. and Bandai. Mr. Steve Grimes, the Vice President of Finance, advised that they have decided to move one of the companies from Cerritos to Cypress and, hopefully, there won't be any additional changes. It was moved by Councilmember Jones and seconded by Councilmember Age to approve the Negative Declaration and direct staff to file a Notice of Determination and adopt the Resolution by title only, title as follows, approving Amendment to Design Review Committee NO. 95-37, subject to conditions. RESOLUTION NO. 4573 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 95-37 - WITH CONDITIONS. The motion unanimousIv carried bv the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Age, Carroll, Jones, and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Kerry 6 CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 18152 - 18335: It was moved by Councilmember Age and seconded by Councilmember Carroll to approve the Warrant Lists for Warrants NO. 18152 through 18335 in the amount of $726,632.97. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: FOr Matters NOt on the Agenda. Mrs. Mary Crowder, 6881 Reefton Avenue, Cypress, reported that her granddaughter was bitten in the face by a dog while in the park. She felt thati all Cypress parks should have signs posted directing people to have their dogs on a leaS~l because something needs to be done. The City Attorney responded that the City does have a leas~ law which incorporates the County of Orange regulations into the City of Cypress code. The Police Chief stated that every park needs to be posted with the leash law, the police can enforce it but that regulation is only applicable in City parks. MrS. Crowder stated that she would like the law to apply to the City streets as well. The consensus of the Council was that all parks be posted and they directed staff to see that they are properly posted. The City Manager commented that it was a matter of enforcement. Councilmember Kerry asked that this item be placed on a future agenda for further Council review for the January 8, 1996 meeting. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Bowman adjourned the meeting at 8:50 p.m. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS