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Minutes 86-01-13MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 13, 1986 The regular meeting of the Cypress City Council was called to order at 7:05 p.m., on Monday, January 13, 1986, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: Council Members Coronado, Kanel, Partin and Lacayo ABSENT: Councilman Mullen Mayor Lacayo announced that because Miss Moyle had to leave the meeting the proclamation would be presented to her at this time. PRESENTATION OF PROCLAMATION TO MISS AMY MOYLE, JR. MISS CYPRESS - 1985: Mayor Lacayo presented Miss Amy Moyle, Jr. Miss Cypress - 1985 with a proclamation commending her for her outstanding contributions to the community. At 7 :10 p.m., Mayor Lacayo announced that the regular City Council meeting would now be called into session in a joint meeting with the Traffic Commission. The following members of the Traffic Commission were present: Commissioners Bloch, Carruthers, Kennedy, Sanchez and Chairman Belsky. Also present at this time were Darrell Essex, City Manager; Robert Beardsley, Director of Public Works; and Captain Daryl Wicker. Mr. Keith Lyon, 5122 Myra, reported that his neighbor had been parking and storing an excessive number of abandoned vehicles on the street and lawn which is next door to his property and was creating an unsightly condition. He indicated that the problem is resolved, but added that it was a very difficult process which involved the Planning Department and the Police Department. Mr. Lyon suggested an amendment to the Ordinance to provide the Police Department leverage to order the cars removed. Mr. Beardsley indicated that this item is on the agenda for the next Traffic Commission meeting and that Ordinances pertaining to this issue have been obtained from three other cities and a report has been compiled for study by the Commission. Councilman Partin indicated that the Ordinance should be reconstructed to limit the number of vehicles allowed to be parked in the garage, driveways and in front of the home. Mayor Lacayo indicated that the bi- monthly newsletter would be an excellent way for citizens to voice the concerns and problems of their areas. AT 7:28 P.M., COUNCILMAN MULLEN ARRIVED. Councilman Lacayo reported the difficulty in turning left from Hanover on to Walker due to cars from the business center at the corner of Walker and Orange parking on Walker. Commissioner Kennedy indicated that the Commission would look into the problem at their next meeting and asked that staff provide information regarding sight lines. Chairman Carruthers inquired as to the status of the Traffic Engineer position, and Mr. Beardsley indicated that the City is still in the process of recruiting. Councilman Coronado reported the difficulty in turning left on Ball Road from Grindlay. The Commission indicated that they have discussed the safety of the intersection in the past and found it would be more hazardous if a signal were installed. At 7:45 p.m. the Council reconvened into regular session with the following Council members present. PRESENT: Council Members' oronado, Kanel, Mullen, Partin and Lacayo ABSENT: None Also present at this time were Acting City AttornejSylvia Lautsch, and the following additional staff members: Barrett, DeCarlo, Eynon, Hurst, Leonard and Lowenberg. City Council Minutes January 13, 1986 PLEDGE OF ALLEGIANCE: Councilman Mullen led the Pledge to the Flag. ORAL COMMUNICATIONS: Mayor Lacayo asked if anyone wished to speak on any matter not on the agenda. Mr. Rizzie, 6268 Dalea Court, addressed the following concerns regarding the area at Valley View and Orangewood: Parks and streets are not properly maintained; improper police protection; and trash and weeds growing wild surrounding the perimeter of the track. He further reported that the trash and litter has remained in the area for months. Mayor Lacayo, hearing no objections, added this consideration to the agenda as Item No. 6 -A, to follow the public hearings. The Mayor announced that the introduction of the 1986 Miss Cypress and Jr. Miss Cypress would now be heard. OFFICIAL INTRODUCTION OF MELODY MARIE RYAN, MISS CYPRESS - 1986 AND SUSIE GRANAT: JR. MISS CYPRESS - 1986: Executive Director of the Cypress Chamber of Commerce, Ned Fox, introduced Miss Melody Marie Ryan, 1986 Miss Cypress, and Susie Granat, Miss Jr. Miss Cypress 1986. Mr. Fox additionally thanked the Council for honoring Miss Amy Moyle and apologized that 1985 Miss Cypress Debra Cobb could not be present. STAFF REPORTS AND DISCUSSION: Mr. Essex requested discussion on the scheduling of joint meetings, which the Mayor added as Item No. 37; discussion on the placement of TSM fees on Parcel Maps, added as Item No. 38; and a reminder to adjourn the meeting to January 27th, at 7:00 p.m., for a joint meeting with the Youth Commission. Mayor Lacayo added discussion on the 1985 -86 status report to the Cypress citizens, as Item No. 39. Councilman Partin added discussion on the capability and use of the cable system as Item No. 40; and a Sanitation District report regarding ocean pollution as Item No. 41. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 85- 425, WARLAND INVESTMENTS, LTD., GATEWAY DRIVE, EAST OF VALLEY VIEW STREET: Mayor Lacayo opened the public hearing and reported that the applicant has again requested a continuance to the meeting of January 27, 1986, in order to permit staff and the applicant sufficient time to discuss specific details relating to this application. It was moved by Councilman Mullen and seconded by Councilman Partin to continue consideration of Parcel Map No. 85 -425 to the Council meeting of January 27, 1986. Mayor Lacayo, hearing no objections, so ordered it continued. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 86 -1, ON- SALE BEER & WINE AT ROUND TABLE PIZZA RESTAURANT, 10101 VALLEY VIEW STREET: Mayor Lacayo opened the public hearing and the Planning Director summarized the staff report dated January 3, 1986, for a request to allow the operation of a Round Table Pizza Restaurant with the on- premise sale of beer and wine at 10101 Valley View Street. The applicant proposed to operate the same type of use that previously occupied the site. Since business activity has ceased for more than six months, the Cypress Zoning Ordinance states that the Conditional Use Permit shall become void. Therefore, the applicant is required to apply for a new Conditional Use Permit for the onsite sale of beer and wine. The applicant has indicated tentatively that the hours of operation would be from 11:00 a.m. to 1:00 a.m. Staff did not receive any communications, and therefore, recommended approval subject to conditions. Councilman Coronado asked whether a new Conditional Use Permit would be needed for the placement of video machines. Ms. Eynon responded that a new application would need to be submitted. Mr. Joe DeFelice, Real Estate Representative for Round Table Pizza, was present in support and to answer questions from the Council. Mr. DeFelice asked for clarification regarding the vending machines. The Planning Director suggested that Mr. DeFelice contact the Planning Department. There was no opposition to this Conditional Use Permit. -2- City Council Minutes January 13, 1986 4 It was moved by Councilman Kanel and seconded by Councilman Coronado to close the public hearing and to adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 86 -1 subject to conditions. RESOLUTION NO. 3030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86 -1 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 86 -2, 57- ROOM MOTEL WITH KITCHENETTES, 6262 AND 6282 LINCOLN AVENUE: Mayor Lacayo opened the public hearing and the Planning Director summarized the staff report dated January 6, 1986 for a request from Henry Wu to construct a two -story motel with 57 rooms, of which 22 would contain kitchenettes, at 6262 and 6282 Lincoln Avenue. Staff reported that a similar motel project is presently under construction approximately 835 feet west of the subject site. Staff expressed concern that the establishment of motel uses with kitchen facilities may result in long -term occupancy of rooms, which generally results in problems related to overcrowding and insufficient parking facilities on the site. The interest in this type of development currently being experienced could be the start of a trend toward additional motel uses along Lincoln Avenue. Staff alerted the Council to the potential impact that this could have upon the commercial and retail nature of the area. Staff had received one comment in opposition to the project from a property owner located directly across Lincoln to the north of the proposal, expressing concern over the compatibility of the use and the attraction for transients into the area, and a petition in opposition to approval. Councilman Coronado expressed concern over the kitchenettes, adding his belief that it would encourage long -term residency. Councilman Mullen inquired as to the number of motels with kitchenettes in the City and the Planning Director responded that, to her knowledge, the few small motels with kitchenettes in the City have encouraged long -term residency. Mr. Wen, 7481 La Palma, Buena Park, architect for the project, spoke in support of the project, adding that the motel was designed in compliance with the City code. Mr. Wen indicated that a motel would be the best use for the site and expressed his opinion that it would be beneficial to the community. Mr. Wen indicated agreement to all conditions. Mr. Wu, 5731 David Webster Circle, applicant, indicated that the intention of the motel would be to cater to the businessman or relocated employees of large firms and assured the Council that it would not be a low budget motel and they would not encourage long -term residency. Ms. Janet Munroe, 1 Lincoln Court, Buena Park, President of the Regency East Homeowners Association, referred to her letter dated January 10, 1986, and on behalf of the Association, urged denial of Conditional Use Permit No. 86 -2, expressing concern that the motel with kitchenettes would attract transient people who could not afford apartments; the security of all local residents and businesses would decrease; and cross traffic would increase with a decrease in available parking. Mr. Gervais Sbragia, 6265 Lincoln Avenue, Buena Park, spoke in opposition, indicating that several transient -type motels presently exist within the area and that severe traffic complications would occur with the approval of the permit. Mr. Thomas Buggie, 18 Lincoln Court, Buena Park, spoke in opposition to approval and indicated that the parking in and around the area would worsen and expressed concern that those occupying the motel would utilize the recreation facilities at the Regency East. Mr. Bill Davis, 9654 Amberwick Circle, Cypress, spoke in opposition to approval and pointed out that the City is attempting to renovate Lincoln and that the development of a motel would not be compatible with development plans. Mr. Davis further added that many people do live in those motels because of the financial difficulty in obtaining an apartment. Mr. Wyn again spoke in support of the request and reiterated his earlier comments of assuring the Council that the project would be an asset to the community. -3- City Council Minutes January 13, 1986 5 Mayor Lacayo asked whether the applicant would consider pursuing the project without the kitchenettes. Mr. Wu indicated that he would consider a reduction in the number of kitchenettes. Councilman Kanel suggested a continuance to the meeting of January 27 to enable staff to meet with the applicant. Councilman Mullen concurred with the suggestion of a continuance and asked that staff conduct a survey of how many motels with kitchenettes exist in the City and the average length of tenancy. Councilman Mullen added that staff may need additional time to obtain the requested information. Councilman Mullen concluded by briefly summarizing his thoughts on the issues raised from those in opposition. Councilman Coronado questioned whether the number of occupants per room could be regulated and the Planning Director indicated that the enforceability would be difficult. Councilman Partin indicated that the parking is insufficient for the site and would be a problem. Mayor Lacayo added that the continuance would provide the applicant with an opportunity to address the concerns. He further added that the site is a difficult parcel to build; the growth in Cypress will create a need for motels; and kitchens are good, but a low number would be ideal. It was moved by Councilman Mullen and seconded by Councilman Coronado to continue this public hearing to the meeting of February 10, 1986. The motion unanimously carried. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 86 -3, LIQUOR STORE AT 6928 AND 6932 KATELLA AVENUE: Mayor Lacayo opened the public hearing and the Planning Director presented a staff report dated January 7, 1986 for a request from Joseph Dibsy to operate a liquor store with an "off-sale" license in the Cypress Fashion Plaza, 6928 and 6932 Katella Avenue. The applicant had indicated that the business would also include a check cashing service and would offer a limited variety of convenience items and deli foods. The hours of operation would be from 8:00 a.m. to 10 :00 p.m., Monday though Thursday, 9:00 a.m to 11:00 p.m., Friday and Saturday, and 9 :00 a.m. to 10:00 p.m. on Sunday. The Planning Director reported that staff has received communications in opposition. Mr. Joseph Dibsy, 6985 Knott Avenue, Buena Park, applicant, spoke in support of approval and reported that he has operated a similar liquor store in Buena Park for the past three years and no problems have been experienced. Mr. Ralph Bretting, resident of Cypress Village, referred to a submitted petition and letter from those citizens in opposition to the proposal due to the number of liquor establishments in close proximity to the proposed site, and urged denial. Mr. Richard Gallad, 11282 Rome Court, Cypress, spoke in opposition to the proposal. Mr. Dibsy expressed concern that the residents are opposed, indicating that he has always enjoyed good relations with his customers. Mr. Dibsy added that the store would contain a limited amount of convenience items and, therefore, would offer more than liquor. The Council felt that this liquor store would be more like a convenience store and that the Center would benefit from having this business at that location. It was moved by Councilman Mullen and seconded by Councilman Coronado to close the public hearing and to adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 86 -3. RESOLUTION NO. 3031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86 -3 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None -4- City Council Minutes January 13, 1986 s CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 84 -8, FORMER JOSEPH BECK'S PIZZA RESTAURANT, ON -SITE SALE OF GENERAL LIQUOR, 5591 LINCOLN AVENUE: Mayor Lacayo opened the public hearing and the Planning Director summarized the staff report dated January 3, 1886 for a request from John and Diane Cooper to expand the existing restaurant serving onsale beer and wine to a restaurant and cocktail lounge serving onsale general liquor, located at 5591 Lincoln Avenue. A Conditional Use Permit is required because the use is being expanded from onsale beer and wine to onsale general liquor. The applicants propose to operate the restaurant /cocktail lounge daily from 7:00 a.m. to 9:00 p.m., with the bar open until 2:00 a.m. Staff indicated that should the Council approve this permit, the conditions would adequately regulate the proposed business. Diane and John Cooper, 21462 Pacific Coast Highway, Space 11, Huntington Beach, spoke in support of approval and agreed to all conditions. There was no opposition to this request. It was moved by Councilman Mullen and seconded by Councilman Kanel to close the public hearing and to adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 84 -8 subject to conditions. RESOLUTION NO. 3032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 84 -8 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: REVIEW OF CONDITIONAL USE PERMIT NO. 84 -14, RETAIL AUTO SALES AND REPAIR, 5431 LINCOLN AVENUE: Mayor Lacayo opened the public hearing and the Planning Director summarized the staff report dated January 6, 1986 for review of Conditional Use Permit No. 84 -14. In June of 1984 the City Council approved a Conditional Use Permit for a one year time period allowing the property owner to sell used cars in conjunction with an automotive repair business at 5431 Lincoln Avenue. The property has subsequently been leased to Mr. Moses and the Conditional Use Permit has expired. The CUP was approved, subject to eleven conditions, which staff indicated have not been fully performed. The subject site is extremely small and not capable of allowing the business to accommodate any growth without negative impacts to the surrounding area. Staff reported that the site is often full of vehicles which spill out into the public right -of- way and that no onsite provision has been made for the large trash dumpster which, until today, had been placed in the public right -of -way. Councilman Coronado indicated that the parkway contains oil and that the last time he passed the business the trash dumpster was in the public right -of -way. Mr. Merritt Sharp, property owner, explained that the hoist on the dumpster was broken and that is why it was placed in the right -of -way for so long, and that the oil was due to the broken hoist. He added that it is repaired and has been removed from the parkway and the area is being steam cleaned to remove the oil spill. Mr. Sharp indicated that he did not agree with the conditions of approval and would not conform. Following discussion, Mr. Sharp asked for withdrawal of the extension of Conditional Use Permit No. 84 -14. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the public hearing and accept the withdrawal of the Conditional Use Permit No. 84 -14, without prejudice, and to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Councilman Coronado expressed his concern over the aesthetics of the site and the Planning Director indicated that staff would check the site for code compliance, and contact the Orange County Health Department regarding the oil problems. -5- City Council Minutes January 13, 1986 Mayor Lacayo requested that staff report back with their findings. CONSENT CALENDAR: All matters listed under the "Consent Calendar" were considered by the City Council as routine and enacted by one motion approving the recommendations listed on the Agenda. It was moved by Councilman Kanel and seconded by Councilman Partin to approve Consent Calendar Item Nos. 10 - 29. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 10: Motion to Approve City Council Minutes of the Regular Meetings of December 9, 1985 and December 23, 1985. Recommendation: That the City Council approve the Minutes of December 9, 1985 and December 23, 1985, as submitted. Item No. 11: Motion to Introduce and /or Adopt All Ordinances Presented For Consideration by Title Only and to Waive Further Reading. Item No. 12: Consideration of Communication Notifying the City of the Merger of Pacific Lighting Gas Supply Company with the Southern California Gas Company. Recommendation: That the City Council officially acknowledge receipt of the merger notice filed by Southern California Gas Company. Item No. 13: Consideration of Claim Filed by F. Gordon Chytraus, Attorney, On Behalf of William Rice. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Adjuster, Carl Warren & Company, for appropriate disposition. Item No. 14: Consideration of Claim Filed by Robert B. Treister, Attorney, On Behalf of Patrick Crosby and Dennis Berdahl, Jr. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Adjuster, Carl Warren & Company, for appropriate disposition. Item No. 15: Consideration of Claims of Albert M. Fuentes for the Estate of Evalyn Fuentes, Deceased; Serena Fuentes; Joseph Fuentes; and Albert M. Fuentes Filed by Attorney Michael S. Sutton. Recommendation: That the City Council officially reject the subject claims and refer them to the City's Claims Adjuster, Carl Warren & Company, for appropriate disposition. Item No. 16: Consideration of Authorization for the City Manager to Attend the 1986 City Managers Department Annual Meeting sponsored by the League of California Cities to be held in San Diego on February 12 - 14, 1986 and be reimbursed for all actual and necessary expenses incurred. Item No. 17: Consideration of Resolution Establishing Salaries for City and District Temporary and Seasonal Employees. Recommendation: That the City Council, and acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, establishing salaries for City and District temporary and seasonal employees. RESOLUTION NO. 3033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTIONS NO. 2890 AND 2948 ESTABLISHING SALARIES FOR TEMPORARY AND SEASONAL EMPLOYEES NOT PLACED UNDER THE GENERAL COMPENSATION PLAN. -6- Cit Council Minutes January 13, 1986 Item No. 18: Consideration of Monthly Investment Report for the Month of November 1985. Recommendation: Receive and file. Item No. 19: Consideration of Approval of Texaco Park Lease and Sublease Renewals. Recommendation: That the City Council approve the three -year extension of the existing lease between the City and Texaco, Inc., and the sublease between the City and the Cypress Recreation and Park District, and authorize the City Clerk to execute the appropriate documentations extending these leases to December 31, 1988. Item No. 20: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Fuddruckers, Inc., to be Located at the Southwest Corner of Knott & Katella. Recommendation: Receive and file. Item No. 21: Consideration of an Application for an Original Alcoholic Beverage License Filed by Diane G. & John R. Cooper for the Former Joseph Beck's Pizza Site Located at 5591 Lincoln Avenue, Cypress. Recommendation: That the City Council receive and file this application contingent upon the approval /disapproval of the Amendment to Conditional Use Permit No. 84 -8. Item No. 22: Consideration of Cooperative Agreement No. D85 -195, Sumner Place Resurfacing - City of Cypress Project No. 8686 -90. Recommendation: That the City Council: 1) Approve the agreement with the County of Orange to resurface Sumner Place as described and authorize execution of the agreement, subject to the approval of the City Attorney; and 2) Authorize an appropriation from the fund balance of the General Fund and appropriate $6,300.00 to Account No. 4186 -11- 212 -08. Item No. 23: Consideration of Extension of Time to Complete Improvements at Valley View Street /Katella Avenue, F.A.U. M -3041 (202) - City of Cypress Project No. 8430 -10. Recommendation: That the City Council approve the extension of time requested by Blair Paving, Inc., adding an additional forty -two (42) working days to complete Project No. 8430- 10 (F.A.U. M -3041 (202)). Item No. 24: Consideration of Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1985. Recommendation: Receive and file. Item No. 25: Consideration of Approval of the Eleventh Year Community Development Block Grant (CDBG) Contract Regarding Public Facilities and Improvements on Danny Avenue. Recommendation: That the City Council approve Contract Number C40154 as submitted and authorize the Mayor to sign the Agreement on behalf of the City Council of the City of Cypress. Item No. 26: Consideration of Approval of Eleventh Year Community Development Block Grant (CDBG) Contract Regarding Rehabilitation of Private Properties. Recommendation: That the City Council approve Contract Number C40266 as submitted and authorize the Mayor to execute the Agreement on behalf of the City Council of the City of Cypress. Item No. 27: Consideration of a Resolution of the City Council Approving the Formation of a Project Area Committee for the Civic Center Redevelopment Project. Recommendation: That the City Council: A) Adopt a Resolution by title only, title as follows, approving the formation of a Project Area Committee for the Civic Center Redevelopment Project; and B) Appoint William Erskine, Ned Fox, Ann Millage, and Terry Scott as members of the Project Area Committee. RESOLUTION NO. 3034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING THE FORMATION OF A PROJECT AREA COMMITTEE FOR THE CIVIC CENTER REDEVELOPMENT PROJECT. -7- City Council Minutes January 13, 1986 Pt Item No. 28: Consideration of an Urgency Ordinance of the City Council of the City of Cypress, California, Establishing Regulations for Vesting Tentative Maps for Residential Subdivision. Recommendation: That the City Council adopt the Urgency Ordinance by title only, title as follows, establishing regulations for vesting Tentative Maps for Residential Subdivisions. ORDINANCE NO. 753 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS FOP RESIDENTIAL SUBDIVISIONS. Item No. 29: Consideration of Acceptance of the Final Contract Cost for the Removal and Replacement of Street Trees and Repair of Curb, Gutter, Driveways, and Sidewalk for Various Streets in the City of Cypress, Project No. 8520 -90. Recommendation: That the City Council approve the contract change form the original contract award to Walsh Engineering Company of $166,134.50 to the final cost of $190,292.40. Mayor Lacayo announced that Item No. 6 -A would now be heard. Mr. Rizzie, once again spoke regarding the unsightly condition of the perimeter of the track of homes located at Valley View and Orangewood. He added that trash has remained in the area for many months, the sand at the parks has eroded, and there are a number of bottles and weeds throughout the area. Mr. Rizzie reported that the cable company did a poor job in the installation of the cable into the streets, adding that the street condition is not good. Another gentleman added that the trash trucks are dripping hydraulic fluid in the streets on front of the homes. He explained that the residents want privacy, cleanliness and supervision to ensure that their area is not ignored. He added that, in particular, the weeds are growing out of the sidewalks on Tobago. Mr. Greg Stinis indicated that a parkway tree is leaning on his property at 11428 Mederis Street, which needs removal. He also reported that a portion of the sidewalk in front of his home was damaged by the cable company during installation. Mayor Lacayo directed staff to thoroughly investigate the concerns and report back with a recommendation. Mayor Lacayo recommended the formation of a fact finding committee to include one or two Council members and staff to meet with the three concerned gentlemen regarding the problems. The Mayor volunteered himself, as well as Councilman Partin to be a part of the com mittee. Mayor Lacayo directed the City Manager to contact Briggeman Disposal in an attempt to obtain improvement in their trash pick -up procedures, to repair the trucks to avoid the hydraulic fluid leakage, and to report back to Council at the next meeting. Councilman Partin asked that the schedule of street resurfacing be researched in relation to this area in question. RECESS: At 10 :15 p.m., Mayor Lacayo requested a recess and the meeting reconvened at 10:23 p.m. CONSIDERATION OF AWARD OF TWO YEAR CONTRACT FOR PRINTING CITY NEWSLETTER, REQUEST FOR QUOTATION NO. 8586 -26: A staff report was presented dated December 31, 1985, outlining the three bids received for the printing of a bi- monthly City Newsletter. It was moved by Councilman Mullen and seconded by Councilman Partin to authorize an appropriation from the fund balance of the general fund to Account No. 4152 -11- 117 -02, in the amount of $8,862.00, for 1985 -86 printing services, to Langdon Printing, 2500 E. Fender, Unit F, Fullerton. The motion carried unanimously by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None -8- City Council Minutes January 13, 1986 10 Mayor Lacayo, hearing no objections, announced that Item Nos. 30 and 40 would be heard at this time. CONSIDERATION OF CABLE TELEVISION ADVISORY COMMITTEE (CATV) RECOMMENDATIONS: Assistant City Manager Dave Barrett presented a staff report dated January 6, 1986, outlining the two issues recommended by the Cable Television Advisory Committee. The Committee recommended approval of the rough draft of the Public Access Guide and that the City request that Copley /Colony proceed to produce the final published version of the Guide. The second issue was the studio /video production equipment package to include an upgrade of the studio tripod systems; upgrade of the studio character generator; and the addition of a Sony complete beginner editing system. These recommended changes and additions would use all of the $21,000 in video discretionary funds, however, the City staff is in complete agreement with the Committee recommendations. Howard Martin, Chairman of the Cable Advisory Committee, indicated that the Committee unanimously agreed that the Guide was complete and recommended that the Committee remain as is for the time being. Mr. Martin reported that a public meeting would be held on January 29, 1986, at the Community Center to inform the various community groups of the public access, and invited the Council to attend. Mayor Lacayo, referring to the complaints received by Councilman Partin regarding the capability of the cable boxes, suggested the formation of a committee, consisting of two Council members, (on a rotation basis) the City Manager, and Assistant City Manager to meet for the next six months to gather and evaluate the input of those receiving cable. Councilman Partin reported that his neighbor was very upset because his VCR and television would not work as anticipated with the cable system. He questioned the definition of cable ready and Mr. Barrett indicated that cable ready electronics is useless, that in order to use remote control, one must purchase Copley's controller. Councilman Partin suggested informing the public of this fact before numerous complaints are received. Mr. Barrett indicated that he would research the concern and contact Copley regarding the allowances for video recording. Councilman Partin suggested incorporating the concern into the bi- monthly newsletter. Bill Davis, 9654 Amberwick Circle, expressed concern over the need to rent Copley's equipment in order to utilize his own equipment. Mayor Lacayo, hearing no objections, suggested proceeding with the Committee. It was moved by Councilman Mullen and seconded by Councilman Kanel to accept the Cable Television Advisory Committee recommendations as outlined in the report and to instruct the City staff to formally request that Copley /Colony Cablevision implement the recommendations. The motion carried unanimously by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CONSIDERATION OF AWARD OF TWO -YEAR CONTRACT FOR TYPESETTING OF NEWSLETTER, REQUEST FOR QUOTATION NO. 8586 -27: A staff report was presented dated December 31, 1985, outlining the six bids received for the award of' contract for a two year contract for typesetting the Newsletter. It was moved by Councilman Mullen and seconded by Councilman Partin to authorize an appropriation of $938.00, from the fund balance of the general fund to Account No. 4152 -11- 117-02, for 1985 -86 typesetting services to Sequoia Typesetting Service and Graphic Design of Cypress, 4750 Lincoln Avenue, Cypress. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMERS: None ABSENT: 0 COUNCIL MEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) NOISE HOOD FOR COMPUTER PRINTER: A staff report was presented dated January 2, 1986, outlining the four quotations received for one noise reduction hood for the Police Administration office. It was moved by Councilman Mullen and seconded by Councilman Kanel to award the contract for the purchase of one noise reduction hood to Quite Print, Inc., P. O. Box 11067, Santa Rosa and transfer $296 from the fund balance of the Central Services fund to Account City Council Minutes January 13, 1986 o X12 No. 4721 -90- 656 -35. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CONSIDERATION OF APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT: The City Council, at its meeting of November 25, 1985, approved the appointments to the various organizations, which included the Orange County Vector Control District of which Councilman Kanel's term of office expired on December 31, 1985. In order to clarify this action for notification to the Orange County Vector Control District, the City Council was requested to officially reappoint Councilman Kanel for the next two -year term of office ending December 31, 1987. It was moved by Councilman Mullen and seconded by Councilman Partin to officially reappoint Councilman Kanel to the Orange County Vector Control District for the next two - year term of office ending December 31, 1987. The motion carried unanimously by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CONSIDERATION OF RE- OPENING OF PUBLIC HEARING FOR A SPECIAL PER MIT TO PAINT ADDRESS NUMBERS ON STREET CURBS: The City Council, at its meeting of December 9, 1985, denied an application to allow door -to -door solicitation for painting address numbers on street curbs in the City. Mr. Lewis has contacted the City setting forth the reason that he did not appear at the hearing. The Council agreed that they did not wish to re -open the hearing, and therefore, Mayor Lacayo, hearing no objections, so ordered the report received and filed. CONSIDERATION OF CLARIFICATION OF TEACHING SCHOLARSHIP PROGRAM: A staff report was presented dated January 8, 1986 for consideration of clarification of the teaching scholarship program. The Council, at its meeting of November 25, 1985, authorized two $200 teaching scholarships as requested by Lawrence Spaulding on behalf of Cypress High School. The City Council had requested that Kennedy High School students be eligible for the scholarship program. Mr. Spaulding has indicated that the administration of the scholarship program is designed for competition and evaluation from within Cypress High School and there is no current mechanism established to provide an equitable joint multi - school evaluation process. Mr. Spaulding suggested splitting the City's scholarship offering between the two schools or establishing two separate full programs. It was moved by Councilman Mullen and seconded by Mayor Lacayo to clarify that the $400 is to be donated to Cypress High School only. The motion unanimously carried. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANT NOS. 12723 - 13142: It was moved by Councilman Mullen and seconded by Councilman Lacayo to approve the Warrant List for Warrant Nos. 12723 - 13142, in the amount of $1,255,954.56. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None SECOND READING OF AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA, ADDING ARTICLE IV TO CHAPTER 12 OF THE CODIFIED ORDINANCES OF THE CITY OF CYPRESS RELATING TO HAZARDOUS MATERIALS DISCLOSURE: It was moved by Councilman Mullen and seconded by Councilman Kanel to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance. ORDINANCE NO. 754 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING ARTICLE IV TO CHAPTER 12 OF THE CODIFIED ORDINANCES OF THE CITY OF CYPRESS RELATING TO HAZARDOUS MATERIALS DISCLOSURE. The motion unanimously carried by the following roll call vote: -10- City Council Minutes January 13, 1986 12 AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CYPRESS REDEVELOPMENT AGENCY: The Cypress City Council Acting as the Redevelopment Agency. At 10:55 p.m., Mayor Lacayo recessed the regular meeting of the Cypress City Council and Chairman Kanel called to order the meeting of the Cypress Redevelopment Agency, which adjourned at 10:58 p.m. The regular meeting of the City Council reconvened at 10:58 p.m. In regard to the item added to the agenda as Item No. 37, Mr. Essex suggested that three meetings should be scheduled: 1) School Board meeting; 2) mid -year budget review; and 3) meeting with a potential race track property developer. Mr. Essex suggested that all three meetings be conducted in one evening, recommending Monday, February 3, 1986, 6:30 p.m., with the School Board meeting held first. In regard to Item No. 38, TSM fees, Mr. Essex indicated that staff intended to apply the traffic fee formula which was developed in conjunction with the Specific Plan on the Arlan property as a condition to all future Parcel Maps within the Business Park. Mr. Essex requested the City Council to advise as to whether or not this policy would be supported by the Council. Following the general discussion of this issue, the City Council concurred that this policy would be appropriate. In regard to Item No. 39, Newsletter discussion, the Mayor asked the Chief to include the seatbelt law into his portion and indicated that he would rewrite the front page. Mr. Essex requested that the Council comments be submitted to staff no later than Friday, January 17, adding that an appropriation in the amount of $2,000 is necessary. It was moved by Councilman Mullen and seconded by Councilman Kanel to authorize an appropriation of $2,000 from the fund balance of the general fund to Account No. 4152 -11- 117-02. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Councilman Partin briefed the Council on the status of the Orange County Sanitation District regarding ocean pollution, adding that the District meets all requirements imposed by the State and is a roll model in setting guidelines. Mr. Essex informed the Council that a favorable summary judgment was made in the Camarena suit, adding that the appeal period has elapsed. ADJOURNMENT: It was moved by Councilman Mullen, seconded by Councilman Partin, and unanimously carried to adjourn the meeting 11:23 p.m., to January 27, 1986, 7:00 p.m. for a joint meeting with the Youth Commission. The motion unanimously carried. ATTEST: CITY Chi, 0 HE C Y OF CYPRESS CITY OF CYPRESS