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Minutes 86-04-2887 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 28, 1986 The regular meeting of the Cypress City Council was called to order at 7 :40 p.m. on Monday, April 28, 1986, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, by Mayor Otto Lacayo. PRESENT: Councilmembers Coronado, Kanel, Mullen, Partin & Lacayo ABSENT: None Also present were Darrell Essex, City Manager /City Clerk, Mark Huebsch, City Attorney, and staff members Barrett, Beardsley, DeCarlo, Eynon, Hurst, Krauss and Leonard. PLEDGE OF ALLEGIANCE: Councilman Kanel led the pledge of allegiance. ORAL COMMUNICATIONS: Mayor Lacayo asked if anyone wished to speak in regard to any matter that was not on the agenda. No one wished to speak. PRESENTATIONS: Mayor Lacayo read a Resolution commending the Cypress Raiders Division 3 Boys soccer team on their fine performance in the 1985 -86 season. The Raiders represented Cypress AYSO Region #154 in the Southern California AYSO Championship and went undefeated in the playoffs winning the Area, Section and, for the first time, the Southern California Finals. Mayor Lacayo presented the Resolution to coaches Doug Bogren and Vic Chavez and to the 13 team members. Councilman Partin read a Resolution commending the Cypress 5th Division Boys All Stars soccer team for their outstanding 1985 -86 season. The All Stars, in area "E" competition, went undefeated in winning the Area Championship, the Section Title and the Southern California Championship. Councilman Partin presented the Resolution to coaches Joe Early, Adan Covarrubias and Steve Mueller and to the 15 team members. RECESS: Mayor Lacayo called a recess at 7:59 p.m. The meeting reconvened at 8:00 p.m. with all Councilmembers present STAFF REPORTS & DISCUSSION: Mr. Essex requested an Executive Session for personnel and litigation matters. Hearing no objections, the Mayor added two items to the agenda: #27 regarding taxicab rates, and Item #28 regarding Proposition 51. CONTINUATION OF PUBLIC HEARING RE: PARCEL MAP NO. 85 -321, WARLAND INVESTMENTS, LTD., SOUTHWEST CORNER OF KATELLA AVENUE AND KNOTT STREET: Mayor Lacayo reopened the public hearing and announced that staff was requesting a continuance of the hearing to the May 12 meeting. Hearing no objections, the Mayor continued the public hearing regarding Parcel Map #85 -321 to the May 12 meeting. CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 86 -6, 52- UNIT MOTEL (SUN SHINE INN), 5651 LINCOLN AVENUE: Mayor Lacayo declared the hearing open. Councilman Mullen requested that the next public hearing ( #5 on the agenda) be considered prior to this one. Mayor Lacayo continued the hearing regarding C.U.P. #86 -6 until later. PUBLIC HEARING RE: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENACTING A ZONING MORATORIUM ON HOTELS /MOTELS IN THE CH COMMERCIAL HEAVY ZONE: Mayor Lacayo opened the public hearing. The Planning Director presented a report dated April 15 and recommended that the Council reinitiate a 45 -day zoning moratorium on hotels /motels in the CH Zone. She indicated that if staff's study on motels is not completed within the 45 days, staff may request that the moratorium be continued for another 10 months. Councilman Mullen indicated that he requested this hearing out of order because he did not want to prejudice the hearing by action taken on the motel application. He then apologized for requesting it out of order and asked that the Council return to the hearing on C.U.P. #86- 6. Mayor Lacayo reopened the public hearing ( #4) on Conditional Use Permit #86 -6. 88 City Council Minutes April 28, 1986 The Planning Director presented a report dated April 16 suggesting that, in view of the recommended 45-day moratorium, the Council either continue this hearing for 60 days or deny C.U.P. #86 -6 without prejudice and allow the applicant to refile when the moratorium is lifted. Mayor Lacayo asked if anyone wished to speak in support of the application. Mr. Cal Vanderhide, 9970 Barcelona, Cypress, representing Realty World and the property owners, reported that they were delayed two weeks from submitting their application when they intended because of the City's request that they re -do their plans and flip the building layout. He indicated the application was originally submitted before the moratorium was enacted and he felt the Council should take this into consideration. He asked that they be first in line for further consideration. Mr. Vanderhide reported his clients were willing to reduce the number of kitchenettes from 18 to 10. Mayor Lacayo asked if anyone else wished to speak in support or in opposition. There were no other speakers. Councilman Kanel stated he was not in favor of a long moratorium and he requested that staff try to expedite their study and submit it within 45 days. The Planning Director indicated it was unlikely the motel report would be finished within 45 days because of the number of major projects that are underway in the Planning Department at this time. Councilmen Partin spoke in favor of denying the application without prejudice and allowing the applicant to reapply after the Council has decided the moratorium issue. Councilman Coronado felt this would be fair to the applicant since it would prevent him from spending additional funds on a project that might not happen. Councilman Mullen recommended a waiver of fees if the applicant reapplies. It was moved by Councilman Mullen and seconded by Councilman Coronado to close the hearing and deny without prejudice Conditional Use Permit #86 -6, and waive the new filing fee. Councilman Kanel indicated he was not in favor of the motion and recommended that the hearing be continued. The City Attorney recommended that the Council set a date for the continuance and that the applicant be notified 10 days in advance before the application is reheard by the Council. Staff indicated that their report may be completed by the September 8 meeting and the hearing could be scheduled for September 22. An amended motion was moved by Councilman Mullen and seconded by Councilman Coronado to continue the public hearing regarding C.U.P. #86 -6 and request that the applicant be notified 10 days in advance of when the moratorium issue is to be returned to the Council. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilman Partin requested that this application be given priority when the moratorium is lifted and if the Council decides to allow more motel development. Mayor Lacayo reopened the public hearing ( #5) regarding the zoning moratorium urgency ordinance. Mayor Lacayo asked if anyone wished to speak in support or in opposition to the ordinance. No one wished to speak. It was moved by Councilman Mullen and seconded by Councilman Partin to close the hearing and adopt the Ordinance by title only, title as follows: ORDINANCE NO. 759 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENACTING A ZONING MORATORIUM ON HOTEL /MOTEL BUSINESSES IN THE CH- 10,000 COMMERCIAL HEAVY ZONE. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None -2- 89 City Council Minutes April 28, 1986 CONTINUATION OF CONSIDERATION OF LINCOLN CENTER MOBILEHOME PARK RENT INCREASE: Mr. Essex presented a report dated April 22 and summarized materials that were submitted by both the tenants and owners and alternatives that were available to the Council to resolve the issue. He reported that there was a misunderstanding on the part of the owner as to the role the mediator would play and at this time the mediator felt nothing would be gained by further dialogue between the parties. Mr. Essex indicated that the purpose of the mediator was to facilitate discussions, identify the issues of both sides and present a report to his office. The owners were under the impression that the mediator would serve as the fifth committee member. Mr. Essex indicated that with submittal of the recent petition this was the first time the rent resolution has been called into play. Mrs. Vickie Talley, 17845 Sky Park, J, Irvine, representing the Lincoln Center owners, reported that the tenants were advised that rent increases have averaged $15 annually over the last five years and because of the considerable improvements made to the property the owner did not feel the increases are unreasonable. According to the owners' survey, Lincoln Center's monthly rent is about $100 below market rates of comparable parks. She suggested that the Council ask the tenants if there are other problems at the park other than their unhappiness about the proposed rent increase. Mrs. Talley indicated that the owner is in compliance with the intent of the resolution which is to provide mitigating measures for tenants who are unable to pay the increased rent cost. Mrs. Talley requested that the Council review the facts and determine whether the resolution needs to be implemented. Mr. John Barr, represented the owners of Lincoln Center, reported on discussions held with the mediator. The tenants had indicated they were accustomed to the small annual increases and felt the proposed increase was considerably more. The owners explained that they had considerable additional maintenance costs and various other expenses in recent years and they had tested the reasonableness of their increase against the average rates of other family parks in Orange County. The tenants suggested that $12 would be a more reasonable increase, and the owners said they could not change the $30 increase. Mr. Barr stated that as owners they do not consider the establishment of rent to be a negotiable item with the tenants. Mr. Barr reported that the only other items discussed in the meeting with the mediator were the matter of security guards and reinstitution of the increased rate for new move -ins. The tenants were advised that the owner would monitor the move -in rate and possibly amend it if it is too high and prevents tenants from selling their coaches. Mr. Barr reported that the tenants are allowed to sell their coaches "in place" and tenants receive the increase in value of the space. Mr. Barr indicated that while the owners feel rents are not negotiable they want to demonstrate that they will listen to the tenants in good faith. Mr. Jim Stewart, 9080 Bloomfield, Cypress, a Lincoln Center tenant, addressed the fact that the tenants would like a fair return on their investment. Mr. Stewart reported that last weekend he collected additional signatures for the petition and 249 out of 301 coaches signed it. He stated the resolution has been ineffective and a fifth committee member cannot be appointed. He stated the owner has refused to negotiate with the fifth member unless it's required by law. Councilman Coronado asked if there were street maintenance or crime problems at the park. Captain Krauss stated he would have to investigate. Mr. Essex stated there is a Neighborhood Watch unit operating in the park and they work with the Police Department. Mr. Don Barrett, 9080 Bloomfield, a tenant, stated that the identification of problems should have occurred in the meeting with the mediator. He stated the park owner disagreed with having the mediator make decisions and recommendations to the Council and felt the mediation process would not change the rents. Mr. Barrett said the Dispute Center was a good idea but was futile considering the owner's philosophy. He stated the tenants would not object to the $30 increase if they were getting something in return. The Mayor indicated that the Council needed to gather facts and identify problems before taking any action. Councilman Kanel asked if the park owners would delay the rent increase. Mr. Barr said they would not. Councilman Mullen stated the Council needed to review the information they received earlier tonight. Mr. Upchurch, 9080 Bloomfield, a tenant, referred to the 18% turn -over rate at the park and asked what the owner has done about it. Mrs. Talley recommended that the Council continue their fact finding efforts and determine if there are other problems at the park besides concern over the rent increase. -3- 90 City Council Minutes April 28, 1986 Councilman Mullen suggested that the Council appoint an impartial fact finder who is agreeable to both sides and would report back to the Council. Mr. Barr said this was acceptable. Councilman Partin recommended that the City employ a professional negotiator. Mr. Jim Allen, 9080 Bloomfield, a tenant, offered to pay for the services of a fact finder and assist him with research and preparing a report. Mr. Barr stated he had no objection to the Council selecting the impartial fact finder. He suggested that this person be assigned a list of duties. It was moved by Councilman Partin and seconded by Councilman Kanel to direct staff to find an impartial fact finder who will be acceptable to all parties to collect the data required by the Council, and prepare a report for the May 12 meeting. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None EXECUTIVE SESSION: The Mayor called an Executive Session for litigation matters at 10:35 p.m. The meeting was called back to order at 11 :00 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF ENFORCEMENT OF CONDITIONS ON CONDITIONAL USE PERMIT NO. C -224 - ROYAL GARDEN APARTMENTS, 9352 HOLDER STREET, CYPRESS: Mayor Lacayo stated the Council had discussed with the City Attorney the matter of non - compliance with the conditions of approval for the apartment complex and the Council was advised of their options. He stated the Council would consider enforcing the conditions of the conditional use permit. Mrs. Pauline Allen, 6590 Via Gancho, Buena Park, thanked the Council for considering revocation of the conditional use permit. She stated the property owners were present to hear what the Council recommends. Mayor Lacayo explained that staff would be directed to return at the next meeting with a plan for reviewing the conditional use permit and those conditions which are no longer being met. He indicated that the property owner may decide to resolve the problems prior to a public hearing on the matter. It was moved by Councilman Kanel and seconded by Councilman Mullen to direct staff to report at the next meeting on the mechanism necessary to call for the public hearing to consider revocation of the conditional use permit, direct staff to negotiate with the property owner and request that the property be brought into compliance with the use permit or that the conflicts with the homeowners be abated, and request the City Manager to contact the City of Buena Park to see if they can lend assistance. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR INSTALLATION OF LPG FUEL TANK, PAD & DISPENSER, REQUEST FOR QUOTATION #8586 -38: Mr. Essex presented a report from the Finance Director dated April 18 listing three bids received. It was moved by Councilman Kanel and seconded by Councilman Mullen to: (1) appropriate $3,368.00 from the unreserved fund balance of the General Fund to Account 4186 -11- 478 -24; (2) accept the bid from Mutual Liquid Gas & Equipment, Inc., 17117 S. Broadway, Gardena, California, as the lowest responsible bidder meeting the bid specifications and award them the contract for the installation of LPG fuel tank, pad and dispenser in the amount of $13,976.74; and (3) authorize the purchase of data entry terminal card reader system from R.H. Alexander Company, 3001 E. 12th Street, Los Angeles, California, in the amount of $4,390.52. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR MOTOR GRADER REPAIRS: Mr. Essex presented a report from the Public Works Director dated April 21 indicating that specifications were sent to four companies who had the expertise for the job and only one bid was received. -4- 91 City Council Minutes April 28, 1986 It was moved by Councilman Coronado and seconded by Councilman Kanel to award a contract for engine repair of Motor Grader, Unit #302, to Quinn Equipment Company, 2300 N. Rose, Oxnard, California, in the amount of $4,126.69. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSENT CALENDAR: All items listed on the agenda under "Consent Calendar" are to be considered by the Council as routine and enacted by one motion approving the recommendations on the agenda. Councilman Partin requested that Item #18 be removed from the Consent Calendar. It was moved by Councilman Coronado and seconded by Mayor Lacayo to approve Consent Calendar Items #8 through 21 with the exception of Item #18. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item #8: Motion to Approve City Council Minutes of the Regular Meeting of April 14, 1986. Recommendation: That the City Council approve the Minutes of April 14, 1986, as submitted. Item #9: Motion to Introduce and /or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item #10: Consideration of Request from the Cypress Twirlers for Permission to Use the City Council Chamber Plaza Area for Square Dancing on June 29, July 26 and August 23, 1986. Recommendation: That the Mayor and City Council approve the request of the Cypress Twirlers for use of the City Council Chamber Plaza area on June 29, July 26 and August 23, 1986, between the hours of 7:00 p.m. and 11 :30 p.m., subject to the conditions that the organization be required to pay for any additional costs incurred in providing maintenance and utility services, as well as submitting a new Certificate of Insurance for liability coverage naming the City of Cypress as additional insured. Item #11: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Mario and Ralph Ienni, DBA Omega Liquor, 4346 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item #12: Consideration of Renewal of Towing Service Contract. Recommendation: That the City Council approve the renewal of the contract for auto towing service with Cypress Auto Tow for a period of one year, ending June 30, 1987, under the same conditions and rates in the existing contract. Item #13: Consideration of Proclaiming May 14, 1986, as "Day of the Teacher ". Recommendation: That the Mayor and City Council officially proclaim May 14, 1986, as "Day of the Teacher" in the City of Cypress. Item #14: Consideration of Proclaiming May 10, 1986, as "Fire Service Recognition Day ". Recommendation: That the Mayor and City Council officially proclaim May 10, 1986, as "Fire Service Recognition Day" in the City of Cypress as requested. Item #15: Consideration of Proclaiming May 18 -24, 1986, as "Traffic Safety Week ". Recommendation: That the Mayor and City Council officially proclaim May 18 -24, 1986, as "Traffic Safety Week" in the City of Cypress. Item #16: Consideration of a Resolution Making Certain Findings in Connection with an Industrial Disability Retirement Claim for William Roche. -5- 92 City Council Minutes April 28, 1986 Recommendation: That the City Council adopt the Resolution by title only, title as follows, setting forth the findings of the City that Police Officer William Roche be placed on industrial disability retirement with PERS, effective April 29, 1986: RESOLUTION NO. 3081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING CERTAIN FINDINGS IN CONNECTION WITH A CLAIM FOR INDUSTRIAL DISABILITY RETIREMENT. Item #17: Consideration of Resolution Commending Dr. Jack Alan Scott, President of Cypress College. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Dr. Jack Alan Scott for his outstanding contribution as President of Cypress College for the past eight years: RESOLUTION NO. 3082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING DR. JACK ALAN SCOTT FOR HIS OUTSTANDING CONTRIBUTION AS PRESIDENT OF CYPRESS COLLEGE FOR THE PAST EIGHT YEARS. Item #19: Consideration of Drainage Fee for Parcel Map #85 -425, City of Cypress Project #8679 -90, Gateway Drive. Recommendation: That the City Council approve the request to delay payment of drainage fees (Condition #46) on each parcel of Parcel Map #85 -425 until issuance of building permits. Item #20: Consideration of Employment List - Maintenance Worker II. Recommendation: That the City Council certify the Employment List for the position of Maintenance Worker II as submitted. Item #21: Consideration of Proclaiming May 4 -10, 1986, as "Hire -A- Veteran Week ". Recommendation: That the Mayor and City Council officially proclaim May 4 -10, 1986, as "Hire -A- Veteran Week" in the City of Cypress as requested. In regard to Item #18, Consideration of Acceptance of Improvements of the Katella Avenue and Valley View Street F.A.U. Project #M- 3041(202), City of Cypress Project #8430 -10, Councilman Partin said he was very disappointed with the way the new pavement did not blend in and he felt the contractor could have made a smoother transition. He reported that there is a dip and a lump in the #1 southbound lane south of the Stanton channel which was not corrected with the street improvement project. The Public Works Director stated he would investigate to see whether the problem can be corrected. It was moved by Councilman Partin and seconded by Councilman Mullen to continue this item. Following further discussion, an amended motion was moved by Councilman Partin and seconded by Councilman Mullen to: (1) accept the project subject to the condition that the pavement dip problem be resolved to the satisfaction of City staff; (2) authorize an appropriation from the fund balance of the Gas Tax (2106) Fund and appropriate $32,000 to Account #4186 -22- 402 -21; (3) approve a contract change to Blair Paving, Inc., from $1,501,855.80 to $1,617,260.99; (4) accept the Katella Avenue /Valley View Street F.A.U. Project #M- 3041(202), City of Cypress Project #8430 -10, as being satisfactorily completed in accordance with the Plans and Specifications; and (5) authorize the City Clerk to release the Labor and Material Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in material or workmanship become evident. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilman Mullen felt there was a hazardous condition for bike riders at the intersection of the bike lane with the right -turn traffic lane at Valley View /Katella because of the high speed of traffic. He asked if there was any device to warn bicyclists of the dangerous intersection. Mr. Beardsley said he would investigate the situation. -6- 93 City Council Minutes April 28, 1986 CONTINUATION OF CONSIDERATION OF RESOLUTION REQUESTING TEXACO, INC., TO CEASE ALL OPERATIONS AT THE TEXACO "TANK FARM WHICH PRODUCE OFFENSIVE ODORS: Mr. Essex presented a report dated April 22 transmitting the Resolution that was requested at the April 14 meeting. It was moved by Councilman Mullen and seconded by Councilman Coronado to adopt the Resolution by title only, title as follows: RESOLUTION NO. 3083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING TEXACO, INC., TO CEASE ALL OPERATIONS AT THE TEXACO TANK FARM WHICH PRODUCE OFFENSIVE ODORS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None EXECUTIVE SESSION: The Mayor called an Executive Session at 11:21 p.m. to discuss personnel matters. The meeting reconvened at 11:55 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF CREATION OF A COMMUNITY COORDINATING COUNCIL: Mr. Essex presented a report dated April 23 regarding establishment of the Community Coordinating Council. It was moved by Councilman Kanel, seconded by Councilman Coronado and unanimously carried to instruct the City Manager to coordinate with the City's Public Information Officer and Chamber of Commerce Executive Director in putting together a calendar of events for the community. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS #14447 - 14694: It was moved by Councilman Mullen and seconded by Councilman Coronado to approve the Warrant List for Warrants #14447 through #14694 in the total amount of $588,160.09. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None In regard to Item #27 added to the agenda, Councilman Kanel requested that staff prepare a report for the next meeting explaining why Cypress was not included in a recent taxicab rate increase. In regard to Item #28 added to the agenda, the Council requested staff to draft a Resolution in support of Proposition 51, the deep pocket initiative. Mayor Lacayo reported that he received a citizen's request for a left -turn pocket on Orange onto Juanita. He requested that this matter be referred to the Traffic Commission for study. ADJOURNMENT: Mayor Lacayo adjourned the meeting at 12 :00 a.m. to Monday, May 5, at 6:30 p.m. in the Administrative Conference Room. ATTEST: CITYvaLERK OF TH C Y OF CYPRESS MA ' 0 CI " OF CYPRESS