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Minutes 80-07-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD ,July 14, 1980 The regular meeting of the Cypress City Council was called to order at 6:33 p.m. on Monday, July 14, 1980 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Vickie Evans presiding. PRESENT: ABSENT: Councilmembers Coronado, Mullen, Rowan & Evans Councilman Lacayo A~so present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following City staff members: Davenport, DeCarlo, Duke, Lamm, Powell and Schatzeder. Mayor Evans announced that Councilman Lacayo was out of town and would be absent. PLEDGE O? ALLEGIANCE: The Mayor led the pledge to the flag. ORAL C0~fUNICATIONS: Mayor Evans asked if anyone wished to speak in regard to any matter which was not on the agenda. No one wished to speak. STAFF REPORTS & DISCUSSION: At the City Manager's request, Mayor Evans added Item #33 to the agenda regarding an interim urgency ordinance prohibiting the development of certain properties pending a study thereof (Civic Center area), item #34 regarding the Vector Control District appointment, and #35 regarding an Executive Session for matters of personnel. PRESENTATION: Mr. Gilbert Smith, Assistant Director of Government and Public Affairs of the Southern California Association of Governments, described the SCAG organization as a regional planning agency which performs planning functions £or 129 of the 157 clt~es in the region. Mr. Smith reported SCAG is the A 95 grant review agency, it has the area-wide planning designation from HUD, it bas transportation planning responsibilities from the Federal Highway Administration and State Department of Transportation and has the designation from EPA and the State for review of air and water quality programs. Mr. Smith reported that SCAG has attempted to improve communications and their ability to assist local governments in Orange County and recently opened an Orange County service office. Mr. Smith stated that cities' involvement in SCAG was necessary for it to be responsive and to maintain cities' eligibility for federal funding. Mr. Smith reported on SCAG's general and executive corranittee memberships and voting repre- sentation and held discussion with the Council on the SCAG organization. Council- man Rowan stated he would not support the City rejoining SCAG until it demon- strated greater responsiveness to Orange County cities with r~,gard to Federa] funding. Mr. Smith stated he would transmit the Council's concerns to the executive committee. The City Council agreed to place this item on the agenda when Mr. Donald Hudson can be present to discuss the City's membership in SCAG. PUBLIC HEARINC RE: CONDITIONAL USE PE~4IT #80-16 - AMUSEMENT ARCADE, 9911 WALKER STREET: The Planning Director presented a report dated July 8 describing the application to establish an amusement arcade within the Cypress Plaza Shopping Center located at the southwest corner of Walker and Ball in the CG-IO,000 Commer- cial General Zone. The proposed business site is adjacent to Thrifty Drug Store. Staff recommended approval of the permit subject to six conditions and indicated the Council could establish the hours of operation in one of the conditions. The applicant requested hours of 10 a.m. to 10 p.m. daily, Mayor Evans opened the public hearing and asked if the applicant wished to speak. Hr. George Chami, the applicant, 161 To~n & Country, Orange, stated his plans are outlined in his July 1 letter to the City Council. Mr. Chami reported that, from his personal experience in arcades, there does not appear to be a problem City Council Minutes July 14, 1980 of older children harassing younger children. He reported that repaving of the parking lot has been completed. Mr. Chami objected to hiring a security guard for the business but requested the options that if the center becomes offensive he would either close the business or hire a security guard. Mr. Chami reported his investment for tbe equipment would be approximately $100,000 and he requested approval of the permit for five years. Mayor Evans asked if anyone wished to speak in favor of the permit. No one wished to speak in favor. She asked if anyone wished to speak in opposition. Mrs. Pat Gross, 9937 Barcelona, Cypress, presented a petition expressing opposi- tion to the conditional use permit signed by homeowners in the neighborhood. She reported there is a juvenile drug problem occurring behind the theater and pizza parlor and constant noise and vandalism in the rear alley. She felt the proposed adult supervision at tbe business was inadequate and that the center would attract more juveniles to the area. She stated the residents object to increased noise, traf£i~ and vandalism. She reported that when Cypress High School goes on a split schedul~, children will be out of school at 1:00 p.m. Mr. James Duncan, 9787 Rome, Cypress, reported that conditions outside the theater at night are a nuisance with bicycles making the sidewalks impassable, juveniles congregating, smoking pot or intimidating older persons walking by. He felt the arcade would attract more children and stated he objected to the permit. Mr. Fluz, 5414 Rome, Cypress, stated there are drug problems near the theater and elderly persons have been threatened at night near the center. He stated the arcade was not needed. Mr. Dan Garvey, 9951 Barcelona, Cypress, stated he supported the petition sub- mitted by Mrs. Gross. He reported the Via Maria restaurant will have a complete bar and beer and wine may be purchased at the other restaurants and drug store in Mr. Chami stated he would have as many employees necessary for control in the arcade and they would be in an office behind the shopping center. He urged the residents who had concerns about the arcade to visit others that are similar. Mayor Evans stated that public hearing notices were mailed to all property owners within ~00 feet of the subject property (arcade). Sbe asked if curfew applied to this establishment. Chief Duke responded that curfew applied to loitering and travel by minors to and from a location would not be a violation of curfew. The City Attorney stated he reviewed the petition submitted by Mrs. Gross and it did not conform to the City's petition ordinance. Councilman Mullen moved to close the public hearing and continue it to the next regular Council meeting to allow the applicant an opportunity to meet with the property owners to determine if their concerns can be resolved. The motion was not seconded. It was moved by Councilman Mullen and seconded by Councilman Coronado to close the hearing and deny the application. Councilman Rowan stated he would oppose the motion since there was no evidence that tile arcade would create problems and he objected to businessmen being given the responsibility to discipline minors. Councilman Mullen stated he agreed and felt that denial at this time was premature and he would prefer the applicant to meet with the property owners. Councilman Coronado stated he was concerned that the split high school sessions may worsen the situation and over possible harassment of younger children by older ones. Councilman Mullen withdrew his motion to deny the application. He requested a report from the Police Department concerning the activities by minors at the shopping center. It was moved by Councilman Mullen and seconded by Mayor Evans to continue the public hearing regarding conditional use permit #80-16 to the July 28 meeting to allow the applicant to meet with the property owners and to request a report from the Police Department. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Mullen, Rowan & Evans NOES: 1 COUNC[LMEMBERS: Coronado ABSENT: 1 COUNCILMEMBERS: Lacayo -2- City Council Minutes July 14, 1980 Mr. James Duncan stated he objected to the sidewalks near the center being ob- structed by youths and bicycles and indicated the owner of the amusement arcade would have no control over activities on the sidewalks. He stated he was con- cerned over the amount of minors which the arcade would attract. Mayor Evans requested that the Police Department report address the issue of harassment by juveniles. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated residents of the City depend upon the City Council to create the proper atmosphere in the community and that the Council does have responsibility over the conduct of juveniles. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-17~ CHURCH MEETING HALL~ 9121 VALLEY VIEW STREET: The Planning Director presented a report dated July 7 which described the application to establish a temporary church meeting hall for "The Church in Cypress" as an accessory use in the PCM Planned Commercial/Light Industrial Zone. Staff recommended approval of the application subject to nine conditions, one which restricted the use permit to a period of two years. Mayor Evans opened the bearing and asked if the applicant wished to speak. Mr. Dan Leslie, 6291 Rosemary Drive, Cypress, representing the Church in Cypress. reported the Church's congregation of 42 are young adults and residents of Cypress. He indicated the Church receives voluntary contributions from the members. Mr. Leslie reported they wish to lease the Valley View Street property for two years and the Church is in the process of buying property within the City as a permanent location. Mayor Evans asked if anyone wished to speak in favor or in opposition to the application. No one wished to speak in support or in opposition. It was moved by Councilman Mullen and seconded by Councilman Coronado to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 80-17 - WITH CONDITIONS. M~yor Evans recommended that a standard condition for conditional use permit approvals be the requirement that all conditions of approval must be met prior to granting of the certificate of occupancy. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-18~ AUTOMOTIVE REPAIR, GO-LO SERVICE STATION~ 9511 VALLEY VIEW STREET: The Planning Director presented a report dated July 7 describing the application to bring the existing noncon- forming Go-Lo Service Station at 9511 Valley View into conformance with the CG Commercial General Zone and expand the land use by establishing an automotive repair and service business. Mr. Lamm also presented slides of the property. Staff recormmended approval of the application subject to 13 conditions. Mayor Evans opened the hearing and asked if the applicant wished to speak. Mr. James Cochrane, representing Gulf Oil Company, 2730 W. Compton, Redondo Beach, stated they have been negligent in the past but hope to operate the business so that it is an asset to the community. He reported they are pro- ceeding with the conditions regarding repaving and clean-up and they will repaint the entire building. Mr. Cochrane stated that inoperable vehicles left on the property over night will be covered, and he expected his tenant to comply. He Indicated their lease provides a 30 day cancellation clause and the lease would be cancelled if there is a violation. Mayor Evans -3- City Council Minutes July 14, 1980 recommended that the Council reserve the right to review the use permit after one year. Mr. Cochrane stated he would comply with a one year limitation. Mayor Evans asked if anyone wished to speak in support of the application. No one wished to speak in support. She asked if anyone wished to speak in opposition. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, suggested that the Council add a condition that the restrooms be available to the public during business hours. Mr. Warren Bodwell, 4931 Orange, Cypress, stated service station restrooms are locked to prevent vandalism. It was moved by Councilman Mullen and seconded by Councilman Rowan to close the public hearing and adopt the following Resolution by title only, title as follows, approving Conditional Use Permit #80-18 subject to the conditions recommended by staff and two additional conditions: one requiring an automatic review of the conditional use permit in one year initiated by the Council and the second requiring all conditions to be met before the certificate of occupancy is granted: RESOLUTION NO. 2260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 80-18 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo PUBLIC HEARING RE: GENERAL PLAN AMENDMENT #80-2~ CHANGING LOW DENSITY RESIDEN- TIAL TO HIGH DENSITY RESIDENTIAL~, 4871 - 4931 ORANGE AVENUE: The Planning Director presented a report dated July 8 describing the application by four property owners to amend the Land Use Element of the General Plan by changing the present "low density residential" designation on the properties to a "high density residential" designation. The properties are in the RS-6,000 Residential Single-Family Zone. Staff recommended denial of the application since they felt the present General Plan designation and zoning were appropriate for the property. Mayor Evans opened the hearing and asked if the applicant wished to speak. Mr. Steven Hadrych, 4871 Dove Circle, La Palma, a property owner, reported he planned to demolish the existing structures and provide affordable housing for the elderly or young families. He stated condominium development would provide a controlled environment under a homeowners association. He indicated construc'- tion probably would not start for three or four years. Mr. Hadrych stated that single-family construction would not be profitable. Mr. Warren Bodwell, 4931 Orange, Cypress, stated he would not sell his property for single-family development. Mr. Don Doltz, 4921 Orange, Cypress, spoke in support of the application. He felt the proposed Ashbury street extension plan was obsolete. Mayor Evans pointed out that rezoning to a high density multiple-family designation would permit the construction of apartments as well as condominiums and the Council would have no assurances that the applicants would proceed with condominium development. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, expressed opposition to the change of zone and felt the property was inappropriate for low cost housing. Ne felt that logical development would be single-family residential since the property is adjacent to a single-family zone. He felt the application was based on the profit motive of the applicants. -4- City Council Minutes July 14, 1980 Councilman Rowan stated that the profit issue was not a factor to be considered by the Council but the issue was whether the proposal served the best interests of the cormmunity and the General Plan. Councilman Mullen stated he supported staff's position and felt that multiple-family residential zoning would be incompatible with surrounding land uses. It was moved by Councilman Mullen and seconded by Mayor Evans to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING GENERAL PLAN AMENDMENT NO. 80-2. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILM~MBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo RECESS: Mayor Evans called a recess at 8:50 p.m. The meeting was called back to order at 9:00 p.m. with Councilman Lacayo absent. CONTINUATION OF PUBLIC HEARING RE: THE APPROPRIATION OF REVENUE SHARING FUNDS: The City Manager presented a report dated July 10 regarding this matter. It was moved by Councilman Mullen and seconded by Councilman Coronado to continue the public hearing to July 28 to allow consideration by the entire Council. Councilman Coronado stated he had many questions regarding the revenue sharing funds. Councilman Mullen stated he wished to hear public input before the Council acts on the matter. The City Manager stated that a workshop discussion on the revenue sharing funds could be a separate action from the public hearing on allocation of the revenue sharing funds. He reported that $200,000 of the $850,000 total must be expended before June 30, 1981, and that the allocation of the remainder of the funds would not be a final commitment. Councilman Mullen withdrew his motion. Mr. Robert Eames of the Cypress Chamber of Commerce requested a continuance so that he could review the documentation on revenue sharing funds. Mr. James Duncan, 9787 Rome, Cypress, stated he agreed with Councilman Mullen that public input was needed and he felt response from public hearlng notices was minimal. Mayor Evans requested that staff prepare a press release announcing the meeting when the item will be discussed. She also requested that press releases be issued as a standard procedure on other issues of concern. It was moved by Councilman Coronado and seconded by Mayor Evans to continue the public hearing regarding the appropriation of revenue sharing funds to a meeting on August 12. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo CONTINUATION OF CONSIDERATION OF ADOPTION OF THE 1980-81 BUDGET FOR THE CITY OF CYPRESS: The City Manager presented a report dated July 9 which indicated that the final City budget documents would contain all changes made by the City Council during the budget workshop meetings. It was moved by Councilman Coronado and seconded by Mayor Evans to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1980 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. -5- City Council Minutes July 14, 1980 The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado. Mullen & Evans NOES: 1 COUNCILMEMBERS: Rowan ABSENT: 1 COUNCILMEMBERS: Lacayo CONTINUATION OF CONSIDERATION OF MODIFICATION OF CHANNELIZATION STRIPING ON BALL ROAD~ WEST OF VALLEY VIEW: The City Manager presented a report from the Public Works Director dated July 7 which transmitted a report from the traffic engineering consultant on the matter of changing the traffic striping on Ball Road. The Public Works Director indicated that he did not agree with the con- clusions in the consultant's report. It was moved by Councilman Coronado and seconded by Councilman Rowan to approve a change in the striping to provide a two-way left turn lane at the Albertson's driveway on Ball Road for a trial period of one year, and that staff report to the Council if severe traffic problems occur as a result of the change. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo CONSIDERATION OF A COMMUNICATION FROM THE CYPRESS HIGH SCHOOL'S ATHLETIC BOOSTER CLUB REQUESTING A CONTRIBUTION FOR PROGraM ADVERTISEMENT: The City Manager pre- sented a report dated July 10 which transmitted the letter from the Booster Club and indicated that Councilman Mullen requested this item on the agenda. Councilman Mullen reported that he received a call from the Booster Club which inquired if the Council would purchase an ad for the high school. He stated he was uncertain about the current Council policy regarding donations. The staff reported that the Council had deleted contributions in the budget following the passage of Proposition 13 and had notified the leagues. They indicated there was no legal prohibition against the Council purchasing space in a publication. Councilman Mullen indicated he supported the current City Council policy and that he would make a personal contribution for the ad. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Coronado and seconded by Councilman Mullen to approve the Warrant List for Warrants #55707 through #55856 in the total amount of $437,816.66. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILME~,~ERS: None ABSENT: 1 COUNCILMEMEERS: Lacayo CONSIDERATION OF ATHLETIC USER FEES AND LIGHTING COSTS: The City Manager pre- sented a report from the Recreation and Park Director dated July 9 which indicated the Recreation & Community Services Commission recommended a graduated increase in lighting fees for athletic facility users. The Recreation and Park Director reported that the leagues were receptive to this alternative at the ~u]v 8 Com- mission meeting. He also stated the leagues were advised that this matter was on tonight's City Council agenda. It was moved by Councilman Coronado and seconded by Councilman Mullen that the City Council, acting as the ex officio Board of Directors of the Cypress Recrea- tion and Park District, accept the recommendation of the Recreation & Community Services Commission and adopt alternative #1 as outlined in the staff report. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, Mullen & Evans NOES: 1 COUNCILMEMBERS: Rowan ABSENT: 1 COUNCILMEEMEERS: Lacayo CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRAN% LIS%: Acting as the ex officio Board of Directors of the Cypress Recreation & Park Dis trlct, it was moved by Councilman Mullen and seconded by Councilman Coronado to -6- City Council Minutes July 14, 1980 approve the District Warrant List for Warrants #10569 through #10653 in the total amount of $39,679.70. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo MINUTES: It was moved by Councilman Mullen, seconded by Councilman Coronado and unanimously carried to approve the minutes of June 12, June 14 and June 16, with Councilman Rowan abstaining on the minutes of June 12. CONSIDERATION OF AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL MODIFICATION AND INTERCONNECT SYSTEM ON LINCOLN AVENUE FROM BLOOMFIELD STREET TO VALLEY VIEW STREET, F.A.U. PROJECT #M-6214(1)~ CITY OF CYPRESS PROJECT #7927-50: The City Manager presented a report from the Public Works Director dated July 9 whicb outlined seven bids received. it was moved by Councilman Mullen and seconded by Councilman Coronado to deter- mine that the lowest responsible bidder for Project #7927-50 is Grissom & Johnson, Inc., P. O. Box 10040, Santa Aha, California, and award them the contract for the Traffic Signal Modification and Interconnect System on Lincoln Avenue from Bloom- field Street to Valley View Street in the amount of $266,000.00, subject to the approval of the Department of Transportation (CALTRANS). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo CONSIDERATION OF AWARD OF CONTRACT FOR THE REPAIRS OF LINCOLN AVENUE FROM THE WEST CITY LIMIT OF CYPRESS AT BLOOMFIELD STREET TO KNOTT STREET IN THE CITY OF BUENA PARK, CITY OF CYPRESS PROJECT #8018-10: The City Manager presented a report from the Public Works Director dated July 9 outlining six bids received. it was moved by Councilman Mullen and seconded by Councilman Coronado to deter- mine that the lowest responsible bidder for Project #8018-10 is All American Asphalt, 932 Town & Country Road, Orange, California, and award them the contract for the repairs of Lincoln Avenue in the amount of $287,530.00, subject to approval of the State of California (CALTRANS). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILM~MBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo CONSENT CALENDAR: Mayor Evans announced that all items listed on the agenda under "Consent Calendar" were to be considered by the Council as routine and enacted by one motion approving the recommendations listed on the agenda. Councilman Coronado requested the removal of Items #12 and 14 and Mayor Evans requested the removal of Item #21 from the Consent Calendar. It was moved by Councilman Mullen and seconded by Councilman Coronado to approve items #4 through #20 on the Consent Calendar with the exception of Items #]2, 14 and 21. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo Item #4: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consid- eration by Title 0nly and to Waive Further Reading. ltem #5: Consideration of Proclaiming July 21, 1980 as Veterans Administration 50th Anniversary Day. -7- City Cm~ncil Minutes July 14, 1980 Recommendation: That the Mayor and City Council officially proclaim July 21, i980 as "Veterans Administration 50th Anniversary Day" in the City of Cypress as requested. Item #6: Consideration of Request to Proclaim September 14-20, 1980 as Leukemia Week in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim the week of September 14-20, 1980 as "Leukemia Week" in the City of Cypress. Item #7: Consideration of Claim for Damages Filed by Mr. Edward H. Spurgeon. Recommeudation: That the City Council allow the Claim of Edward H. Spurgeon in the amount of $227.62 plus expenses and instruct the City's Claim Adjuster to settle this Claim accordingly. Item #8: Consideration of the Adoption of a Resolution Calling for an Urgency Measure to Amend Chapter 976 of the Health and Safety Code. Recommendation: That the City Council adopt the Resolution by title only, title as follows, and forward a request to the California Legislature calling for the passage of an Urgency Measure to amend Chapter 976 of the Health and Safety Code by deleting Article 2, Section 19832: RESOLUTION NO. 2263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALLING FOR THE PASSAGE OF AN URGENCY MEASURE IN THE STATE LEGISLATURE TO AMEND CHAPTER 976 OF THE HEALTH AND SAFETY CODE. item #9: Consideration of San Gabriel/Coyote Creek Bicycle Trail, Project #7750-90, Recommendation: That the City Council adopt the Resolution by title only, title as follows, requesting S.B. 821 funds in the amount of $60,000 for the construc- tion of the San Gabriel/Coyote Creek Regional Bicycle Trail: RESOLUTION NO. 2264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RE~)UESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO SELECT THE S~N GABRIEL/COYOTE CREEK BICYCLE TRAIL AS A TOP PRIORITY PROJECT FOR FUNDING WITH SB 821 FUNDS IN THE 1980/81 FISCAL YEAR. Item #i0: Consideration of Extension of Contract for the Restoration of Traffic Signal ~t the Intersection of Ball Road and Moody Street, City of Cypress P~oi~ct ~t7937-50. Recommendation: That the City Council approve Baxter-Griffin's request for a ten (10) working day extension of time. I tern #] 1: Contract. Consideration of Approval of Delegation and Assignment of Construction Recommendation: That the City Council approve the "Delegation and Assignment of Construction Contract", authorize the Mayor to execute, and the City Clerk ta ~ttest ~he contract, subject to the approval of the City Attorney. I~em #~]3: Consideration of City Manager's Request for Vacation. Recommendation: That the City Council approve the City Manager's request for vacati0~ for the period commencing July 21, 1980 and ending August 8, 1980. #]5: Consideration of Fall Activity Brochure Insert. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, accept the $325.00 from the Cypress Civic Theatre Guild to provide Community Oriented Theatre season ticket information as a one-page insert in the 1980 Fall Recreation & Park District's Special Activities Brochure. --8-- City Comlcil Minutes July 14, 1980 Item #16: Consideration of Amendment of Agreement Between the Cities of Garden Grove and Cypress - Nutrition Services. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, authorize the Mayor to sign and the City Clerk to attest the subject agreement amendment, subject to the approval of the City Attorney. Item #17: Consideration of Resignation of Mr. Frank J. Lee as the Cypress Dele- gate to the Orange County Health Planning Council. Recommendation: That the City Council accept the resignation as submitted and authorize the staff to advertise for applicants for consideration of appointment to the Orange County Health Planning Council. Item #18: Consideration of an Amendment to the Purchasing Ordinance Regarding Bidding Requirements. Recommendation: That the City Council approve the first reading of the Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SUBSECTION (f) TO SECTION 21A-8 OF THE CYPRESS CITY CODE RELATING TO PURCHASING. Item #19: Consideration of New Fall Programs and Class Revisions. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, ratify the recommendation of the Recrea- tion & Community Services Commission and adopt the programs, class revisions and fees as outlined in the staff report. Item #20: Consideration of Legislative Bulletins #25-1980, #26-1980 and #27-1980 from the League of California Cities Dated June 20, June 27 and July 3, 1980. Recommendation: That the City Council direct the staff to prepare a response for the Mayor's signature to the appropriate officials expressing the City's opposition to S.B. 1656 (closer scrutiny for cities' general plan and zoning decisions), A.B. 2982 (proposal to repeal statutory cost-of-living increases in health and welfare benefits and State subventions to local government), and S.B. 462 (billboards). in regard to Item #12, Consideration of Planning Department Report Concerning Amendment to the Zoning Ordinance Regarding Solar Energy Panels in Residential Zones, Councilman Coronado expressed concern over staff's recommended amendment that roof top solar collector panels be painted to match the existing roof color. Councilman Coronado stated that most solar heaters on the market have a black body and should be retained in their original state for maximum efficiency. The Plan- ning Director reported that the collector panels were not meant to be painted a matching color but this requirement referred to the collector panel cabinets and associated plumbing. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated there are many varieties of solar heaters and nothing is standard in the industry yet. it was moved by Councilman Mullen and seconded by Councilman Rowan to initiate an amendment to Section 9.3.A of the City's Zoning Ordinance permitting the in- stallation of roof top solar collector panels when painted to match the existing roof color. Councilman Rowan requested that staff check the ordinances of other cities on this matter before the Councilts public hearing on the amendment. The motion unanimously carried by the following r011 call vote: AYES: 4 COUNCILM~MBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo -9- City Council Minutes July 14, 1980 In regard to Item #14, concerning adoption of an Ordinance and Resolution adopting by reference the 1979 Editions of the Building Codes, Councilman Coronado re- quested that the ordinance and resolution provisions regarding residential re- roofing be changed to require fire retardant roofing construction on new residences only, in compliance with the Council's previous action regarding fire retardant materials. Councilman Coronado also expressed concern over the ordinance provisions granting authority to the Orange County Health Officer to enforce provisions of the Uniform Housing Code. The City Attorney stated he would research and report back to the Council on whether they can vary from the Uniform Building Code in regard to this provision. Councilman Coronado also stated that the City's fire- works ordinance contained a discrepancy since fireworks' sales were permitted until 10:00 p.m. yet the discharging of fireworks was prohibited after 10:00 p.m. The City Council agreed to amend the ordinance to provide that fireworks shall not be discharged affer 11:00 p.m. on the fourth of July. It was moved by Councilman Mullen and seconded by Councilman Coronado to adopt the following Resolution by title only, title as follows, and approve the first reading of the following Ordinance, as amended, by title only, title as follows, and establish August 11, 1980 as the date for the Public Hearing to consider the final adoption of this Code: RESOLUTION NO. 2265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SETTING FORTH THE LOCAL CONDITIONS AND THE PUBLIC SAFETY FACTORS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT CERTAIN MODIFICATIONS TO THE 1979 EDITION OF THE UNIFORM BUILDING CODES: UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE~, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND UNIFORM BUILDING CODE STANDARDS ARE REASONABLY REQUIRED BY LOCAL CONDITIONS AND PUBLIC SAFETY FACTORS WITHIN THE CITY OF CYPRESS. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING 1979 EDITIONS OF THE UNIFORM BUILDING CODES: UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM BUILDING CODE STANDARDS AND UNIFORM FIRE CODE WITH SUPPLEMENTS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILMEMEERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo In regard to Item #21, Consideration of Proposed Position Classification and Compensation Plan Amendments, Mayor Evans requested that staff prepare a report regarding the employee mileage reimbursement rate after making cost comparisons with other public and private agencies to determine an appropriate amount. It was moved by Mayor Evans and seconded by Councilman Mullen to request the staff report regarding mileage reimbursement and to adopt the following Resolu- tions by title only, titles as follows: RESOLUTION NO. 2266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION 975 BY ADDING, AMENDING AND DELETING CERTAIN CLASS SPECIFICATIONS TO THE POSITION CLA§gI¥ICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. -10- City Council Minutes July 14, 1980 RESOLUTION NO. 2267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING SALARIES FOR CITY EMPLOYEES DESIGNATED AS ~IANAGEMENT PERSONNEL. RESOLUTION NO. 2268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING RESOLUTION NO. 2123, AND AMENDING RESOLUTION NO. 2089, BASIC COMPENSATION PLAN, SECTIONS 3, 4 AND 5, CONCERNING SALARIES ESTABLISHED FOR CITY EMPLOYEES PLACED UNDER THE BASIC COMPENSATION PLAN; AND SALARIES FOR LIMITED TERM AND TEMPORARY AND SEASONAL EMPLOYEES NOT PLACED UNDER THE BASIC COMPENSATION PLAN. RESOLUTION NO. 104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING SALARIES FOR DISTRICT EMPLOYEES DESIGNATED AS MANAGEMENT PERSONNEL. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, reported that the gas company pays twenty-five cents per mile and the Hertz Company has estimated that it costs forty-five cents per mile to operate a vehicle. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCIL~MBERS: Lacayo In regard to Item #33 concerning adoption of an interim urgency ordinance for properties adjacent to the Civic Center located west of Walker, north of Orange, east of Grindlay and south of the northerly property line of the Cypress Civic Center, the City Attorney presented the ordinance which the Council requested at their July 12 meeting. it was moved by Councilman Rowan and seconded by Councilman Mullen to order the following Ordinance read by title only, title as follows, and to adopt the Ord- inance: ORDINANCE NO. 663 AN INTERIM URGENCY ORDINANCE OF THE CITY OF CYPRESS PRO- HIBITING THE DEVELOPMENT OF CERTAIN PROPERTIES PENDING A STUDY THEREOF. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo In regard to Item #34 concerning the appointment to the Vector Control District, Mayor Evans stated the Council received a communication from Senator Carpenter and asked if the Council wished to pursue the matter. The Council agreed that they would seek legislation during the next legislative session which would change the manner of appointment and removal of appointments to the Vector Control District. ORAL COMMUNICATIONS: No oral communications were presented at this time. -11- City Council Minutes July 14, 1980 EXECUTIVE SESSION: Mayor Evans called an Executive Session at 10:25 p.m. for matters of personnel. The meeting was called back to order at 11:01 p.m. with Councilman Lacayo absent. The City Council scheduled the joint meeting with the Recreation and Community Services Commission for Tuesday, August 12, and to also consider the Housing Element at that meeting. The Council also agreed to reschedule the meeting on revenue sharing funds to Monday, September 15. Councilman Rowan requested staff to review current State legislation pertaining to housing elements. ADJOURNMENT: Mayor Evans adjourned the meeting at 11:07 p.m. ~AS~OR OF THE CIT~O~ CYPRESS ATTEST: CITY C~EP~K 0~ THE CITY OF CYPRESS -12-