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Minutes 80-09-08MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 8, 1980 The regular meeting of the Cypress City Council was called to order at 6:25 p.m. on Monday, September 8, 1980 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Vickie Evans presiding. PRESENT: ABSENT: Councilmembers Coronado, Lacayo, Mullen, Rowan & Evans None Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attor- ney, and the following City staff members: Barrett, DeCarlo, Duke, Kastenbaum, Lan~n, Powel] and Schatzeder. PLEDGE OF ALLEGIANCE: Councilman Lacayo led the pledge to the flag. ORAL COMMUNICATIONS: Mayor Evans asked if anyone in the audience wished to speak in regard to any matter which was not on the agenda. No one wished to speak. Councilman Lacayo reported he received a call from a resident in the housing tract located southwest of Cerritos and Knott regarding the condition of the medians between the two interior tract streets which parallel Cerritos and Knott. Councilman Lacayo requested that staff prepare a report, along with a visual presentation on the existing condition of the medians and possible land- scaping alternatives which would provide screening for the residences. At Councilman Mullen's request, Mayor Evans added Item #41 to the agenda re- garding SB 512 (separate Transportation District for Orange County). Councilman Rowan reported he received a call from Ms. Pam Powell on Rodeo Court regarding the dangerous traffic conditions and problems near Myra Avenue and he requested that staff investigate the traffic situation and prepare a report. At the City Manager's request, the Mayor added Item #4a to the agenda regarding the award of contract for the purchase of asphalt. At Councilman Lacayo's request, the Mayor added Item #42 to the agenda regarding the Carob Street fence. PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT~ VIA MARIA, 9969 WALKER ST~EET~ CYPRESS: The City Manager presented a report dated September 4 describing the application to allow for mariachi players, a live band consisting of a piano, electric guitar, drums and singer, and dancing by the patrons of the Via Maria Restaurant. No communications in opposition to granting of the permit were received and the Police Department investigation found no basis for denial. Mayor Evans opened the hearing and asked if the applicant wished to speak. Mr. Mike Natale, 10626 Rodeo Drive, Whittier, stated they have not received any complaints at the restaurant. He reported that entertainment was proposed Thurs- day through Saturday until 1:30 a.m. and on Sunday until 11:00 p.m. The rest- aurant would close at 11:00 p.m. Monday through Wednesday. 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. Dan Garvy, 9951 Barcelona, Cypress, requested that no amplified instruments be permitted or, if permitted, that they be limited to two watts, and that the Council be able to review the entertainment permit if there are complaints from the neighborhood. Mr. Garvy stated he did not object to the proposed hours for entertainment but indicated he was concerned that large crowds of young people or noisy cars may create disturbances. Mr. Garvy was advised that the Council has the authority to review, and revoke, the live entertainment permit in the event probit, ms are created for the neighbors. City Council Minutes September 8, 1980 Mr. Natale reported that a limitation imposed by the Alcoholic Beverage Control Board is that liquor sales may not exceed 50% of their total sales. He reported they enforce the age limitation for serving alcohol and request age identification and that they also have a strict dress code. Mr. Natale stated they will control the volume of the music so that it is not offensive. He reported the entertain- ment is located in the northeast corner of the building where there are no windows or building openings. The City Attorney recommended an additional condition to the permit reserving to the Council the right to reconsider granting of the live entertainment permit in the event that noise or other problems associated with the operation at the premises increases to a level which is of concern to the neighbors. It was moved by Councilman Rowan and seconded by Councilman Coronado to close the public hearing and approve the Live Entertainment Permit for Via Maria Restaurant subject to the condition recommended by the City Attorney approving entertainment during the hours 9:00 p.m. to 1:30 a.m. Thursday through Sunday. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None The Council requested that the condition recommended by the City Attorney be a standard condition applicable to the granting of all live entertainment permits. PUBLIC HEARING RE: ADOPTION OF UNIFORM PLUMBING~ SWIMMING POOL AND SOLAR ENERGY CODESz 1979 EDITIONS: Mayor Evans opened the public hearing. The City Manager presented a report dated September 3 indicating that the Council, at their August 11 meeting~ approved the first reading of the Ordinance and scheduled the public hearing for September 8 to consider adoption of the above Codes. No communica- tions were received in reference to adoption of the Codes and copies have been on file in the City Clerk's office. Mayor Evans asked if anyone wished to speak in support or in opposition to adoption of the Codes. No one wished to speak in favor or in opposition. It was moved by Councilman Lacayo and seconded by Councilman Mullen to close the public hearing, order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 666 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 19, CONSISTING OF SECTION 19-t THROUGH 19-20 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES: THE 1979 EDITION OF THE UNIFORM PLUMBING CODE INCLUDING THE 1979 EDITION OF UNIFORM SWIMMING POOL CODE AND THE 1979 EDITION OF THE UNIFORM SOLAR ENERGY CODE INCLUDING INSTALLATION AND MATERIAL STANDARDS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None PUBLIC HEARING RE: GENERAL PLAN AMENDMENT #80-3~ CIVIC CENTER AREA: Mayor Evans opened the public hearing. The Planning Director presented a report dated Septem- ber 3 which outlined three alternate land use proposals for the area east of the Civic Center. Staff indicated that no General Plan amendment was proposed at this time for the two school sites located in the redevelopment survey area and these sites would retain the PS1-A zoning designation. The three suggested land use alternatives were: office and professional for the entire area, public and semi- public for the entire area, and a combination office and professional and high density residential. Mr. Lamm reported that a communication was received from several homeowners on Vista Fortuna who supported the current General Plan desig- nation for the property and preferred single-family housing. -2- City Council Minutes September 8, 1980 Councilman Lacayo reported that the Council received a communication from resi- dents on Elderberry Street who objected to the redevelopment agency. Councilman Lacayo expressed concern over the lack of unanimous support by the Council for the redevelopment proposal and over the potential for litigation concerning the condemnation of properties. He recommended that the Council hold a work session to explore all options and perhaps a different approach towards development of the property. Councilman Mullen stated he felt zoning determinations for the property was premature and suggested that the Council could consider a general plan amend- ment without relating it to the redevelopment agency. Mayor Evans asked if anyone in the audience wished to speak. Mr. Tom Matlock, 1821 Derby, Huntington Beach, expressed support for multiple- family residential zoning of the property and felt this zoning would encourage private development by the property owners and also increase their land values. He recommended that development be allowed to occur through the private sector rather than through the redevelopment agency. Mr. Mike Belsky, 5427 Vista Fortuna, Cypress, expressed support for single-family and light commercial uses on the property and felt that single story buildings would be acceptable. Mr. Steve Holliday, 5502 Lime, Cypress, stated he favored low density residential zoning and felt this would be a preferable environment for his children than high density residential or commercial which would increase traffic. Mr. A1 Troncone, 5427 Oxford, Cypress, stated staff should study the impact of high density residential development which may increase traffic to Walker Street especially since there is no vehicular access from Wicker Drive. He stated he favored commercial development of the entire property which would help the tax base. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated he opposed the general plan amendment and felt the zoning designations should remain as they are. He felt the proposal would not benefit the community at large and that increased property values from multiple-family zoning would benefit only the property owners east of the Civic Center. Mrs. Christine Swain reported that the Cypress School Board would like to be in- volved in the redevelopment planning process. She asked if zone changes were proposed for the two school sites and whether these properties could be condemned by the redevelopment agency. Staff advised her that the agency did not have auth- ority to condemn the school properties and that zone changes were not proposed for the school sites at this time. Following further discussion, it was moved by Councilman Lacayo and seconded by Councilman Mullen to continue the public hearing regarding General Plan Amendment #80-3 to a workshop meeting on Saturday, October 4, at 9:00 a.m. and that the property owners be renotified of the continued hearing. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 1 COUNCILMEMBERS: 0 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans Coronado None RECESS: Mayor Evans called a recess at 8:25 p.m. The meeting was called back to order at 8:43 p.m. with all Councilmembers present. PUBLIC HEARING RE: FEDERAL HOUSING & COMMUNITY DEVELOPMENT BLOCK GRANT APPLICA- TION (7TH YEAR): The City Manager presented a report dated September 2 which described the 7th year application and the City's past HCD applications and uses of HCD funds. The proposed 7th year application requested funds for public improvements, housing rehabilitation, and site acquisition for affordable rental housing. Mayor Evans opened the public hearing and asked if anyone wished to speak in support or in opposition to the application. No one wished to speak in support or in opposition. -3- City Council Minutes September 8, 1980 It was moved by Councilman Coronado and seconded by Hayor Evans to close the public hearing and adopt the fo!lowim~ Resolution by title ~mlv, title as follows: · i' OF CYPRES~ A RES!)!,UT!ON OF TItE t I ['~ '~!iN( ti ~ iq, ( { v ,,kPPROV!NI; THE C[TY~ P'd '; ,P~ ' ...., [. ; '~, "}t YEAR H[),~.~ IN~, AND CO~N]TY DEVELOPM~ ~ if L ,]A[,~ :<ocj~X>I WiFH THE COUNR~ OF O~N(;E. The motion ,arrJed by the i,oi i ,~nL r~,~,! .t~ I ~otc: ,AYES: NOES: ABSENT! PUBLIC HEARING RE: AbIENI)MF. NT i:) )Hi, ;'i~Li;,~ q*DINANCE ~t8()-2: The Planning Director presented a report dated Se;~emb~ i 2 , ,~ ,-[ ~i~,~ thc proposed amendment which staff indicated included sevcr~i ~ ~ i m ,~endmt,, ~: ;md prey[om; recommendations of the City Cmmc[l. a GeneraJ Plan amendment f~,~ : :.:h .[~ ~in~ Council wishes to designate Mr. Joe Hardcastle, 4588 i~,;m by tile City's General Pisa in the manufacturing zone,. that a developer is guided public hearing regarding, aluendment ~ , i,, ,:~;utm', Ilrdlnancc ~80-2 to the September AYES: NOES: ABSEN'I: COl NC ! [,?ii:MB t'1t45 COIINCI ],bU]~ERS: CONSIDERATION OF NUISANCE COMFLA[N'IS ~' !~iA~ER'i'SON~S ~ARKET: The City Manager presented a report dated S, ptember , imiicacin~ tdat Mr. Kennedy had advised the City that deliveries to thc .~ibe~t:4~,',~ ,~lrhet ,it V~i].ey View and Ball continue to create disturbances to the adiacx,~ h*,meowneF,s. The City Manager transmitted a letter from the Senior U[c,~ PFe,~id- ~ ,,i iii, oFf,Oh'S Boise, Idaho office which Mr. Don Kennedy, 5843 Holmhy Court, C7~t~ss, !ell the letter from Albertson's con- rained inaccuracies about tile actual operat£ons at tile store and showed a lack of concern and commitment to re,solve the homeowners~ problems. }te reported that noise prob]ems still exist which ~: ~u~;e, i,, the street sweeper, the use of air hoYns }l~d early morning ,Jcl iveFi, ~ ~: ,' 3~~ md 5:l0 a.m. to Albertson's. He requested that the Connci[ enac~ the ordinance restricting truck deliveries. Mr. Robert Eames of tile Chamber ~)f fk,mlner, t :stated their Board previously took a position opposing the overall app] ica! i ,n ,,f such an ordinance on all shopping center properties in Cypress. He ask,'l ;! the problem con]d be resolved on an individual basis. The Ci[v httorn~,v sis: d that the ordinance as drafted would apply to stnopping centers within a specitied distance from residences and viola- tions would occur only if dt liveries cF~'ate a d[stnrbing noise level. Mr. Eames ting the o~dJnance for Cypress. City Council Minutes September 8, 1980 The Council held discussion with regard to adoption of the ordinance and the City Attorney described enforcement of the ordinance. Councilman Lacayo suggested that the staff investigate the possibility of requiring additional landscaping by the shopping center owner along the rear alley. Councilman Coronado stated he supported the ordinance and suggested that it incorporate Mr. Kennedy's eight points. Councilman Coronado moved to direct the City Attorney to prepare an ordinance restricting commercial truck deliveries which incorporates Mr. Kennedy's eight recommendations. The Council held discussion with regard to including the eight points. The motion was not seconded. Councilman Lacayo moved that a committee be formed to include Councilman Coronado and Mr. Kennedy to discuss the proposed ordinance and submit a recommendation to the Council. The motion was not seconded. Mr. Kennedy stated that the sweeper and trash collector have controlled their operations and the problem is primarily the diesel trucks. It was moved by Councilman Rowan and seconded by Councilman Coronado to request the City Attorney to prepare an ordinance addressing commercial truck deliveries. The Council also requested that the staff report on other cities' experience with such an ordinance and on the effects of Cypress' proposed ordinance, for example, on Police operations. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None COUNCILMAN LACAYO LEFT THE MEETING AT 10:24 P.M. CONTINUATION OF CONSIDERATION OF CITIZEN'S COMPLAINT RELATIVE TO VIBRATIONS TO HIS HOME NEAR DENNI AND ORANGE: The City Manager presented a report regarding this matter from the Public Works Director dated August 28 and reported that the staff was proceeding with the pavement repairs. He reported that the Orange County Transit District transmitted a letter indicating they would attempt to enforce the proper speed limit of their buses. Staff stated a progress report would be presented at the next regular meeting. The City Council agreed to continue this item to the September 22 meeting. CONSIDERATION OF RESOLUTION FOR UPDATING THE MASTER PLAN OF DRAINAGE FEE~ CITY OF CYPRESS PROJECT #7532-20: The City Manager presented a report from the Public Works Director dated August 28 who recommended an annual update of the drainage fee to reflect current construction costs. It was moved by Councilman Mullen and seconded by Councilman Coronado to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A METHOD AND INDEX FOR UPDATING THE DRAINAGE FEE FOR THE MASTER PLAN OF DRAINAGE TO REFLECT INCREASES IN CONSTRUCTION COSTS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans None Lacayo CONSIDERATION OF FORMAL POLICY ON PUBLIC OFFICIALS AND POLICE PROFESSIONAL LIABILITY COVERAGE: The City Manager presented a report from the Administrative Coordinating Team dated September 3 which recommended that the City decline to participate in the Orange County Cities Risk Management Authority's Public -5- City Council Minutes September 8, 1980 Officials/Police Professional liability program and instead adopt a policy confirming the City/District's self-insuring of Public Official/Police Profes- sional liability risk. It was moved by Councilman Mullen and seconded by Councilman Coronado to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A POLICY OF DEFENDING AND INDEMNIFYING CITY OF CYPRESS/CYPRESS RECREATION AND PARK DISTRICT PUBLIC OFFICIALS AND EMPLOYEES INDIVIDUALLY NAMED IN LAWSUITS ARISING OUT OF THE LAWFUL ADMINISTRATION OF THEIR OFFICIAL DUTIES. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans None Lacayo CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: Councilman Coronado addressed questions regarding miscellaneous items on the Warrant List to which staff responded. Councilman Coronado also inquired about the billings for the Civic Center air conditioning system. The City Council requested a report on the air conditioning maintenance contract expenses during the last year. It was moved by Councilman Mullen and seconded by Councilman Coronado to approve the Warrant List for Warrants #56155 through #56387 in the total amount of $564,580.70. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans None Lacayo SECOND READING OF ORDINANCE DECLARING THE CITY COUNCIL TO BE THE CITY'S PLANNING COMMISSION FOR CERTAIN PURPOSES: It was moved by Councilman Coronado and seconded by Mayor Evans to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 667 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTION 2-2.23 TO THE CODE OF THE CITY OF CYPRESS DECLARING THE CITY COUNCIL TO BE THE CITY'S PLANNING COMMISSION FOR CERTAIN PURPOSES. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, Rowan & Evans NOES: 1 COUNCILMEMBERS: Mullen ABSENT: 1 COUNCILMEMBERS: Lacayo CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARtLANT LIST: Councilmembers Mullen and Coronado inquired about several items on the District Warrant List and staff responded to the questions. It was moved by Councilman Mullen and seconded by Councilman Coronado that the City Council, acting as the ex officio Board of Directors of the Cypress Recrea- tion & Park District, approve the District Warrant List for Warrants #10718, and #10761 through #10878 in the total amount of $135,445.70. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans None Lacayo -6- City Council Minutes September 8, 1980 RECESS: Mayor Evans recessed the Council meeting at 10:45 p.m. in order for the Council to consider Item #40 on the agenda, Consideration of Initial Meeting of the Cypress Community Redevelopment Agency. The Council meeting was called back to order at 10:50 p.mo with Councilman Lacayo absent. In regard to Item #41 concerning S.B. 512, the City Council agreed to authorize the Mayor to transmit a letter to Governor Brown urging him to sign S.B. 512 which would establish a separate California transportation district for Orange County. In regard to Item #42 concerning the Carob Street fence, Councilman Mullen moved that the City proceed with the construction of the fence with the entire cost to be borne by the City. The Council held discussion as to whether this expendi- ture, as well as an expenditure for a Crescent/Carob traffic signal, were budgeted. The motion was not seconded. It was moved by Mayor Evans and seconded by Councilman Coronado to request staff to prepare a report regarding the Carob Street fence and a status report regarding traffic signal installations at various locations, including Crescent and Carob, for the October 13 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans None Lacayo MINUTES: Councilman Coronado corrected the August 11 minutes relating to the name of the homeowner he contacted concerning the vibrations near Denni and Orange. It was moved by Councilman Coronado, seconded by Councilman Mullen and unanimously carried to approve the minutes of August 11 as amended and the minutes of August 12 and August 25. CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR WORD PROCESSOR EQUIPMENT: The City Manager presented a report dated September 4 and recommended that the bids for this equipment be rejected and that staff reevaluate the City's needs and readvertise at a future date. It was moved by Councilman Mullen and seconded by Councilman Coronado to reject the bids for the word processor equipment and authorize staff to readvertise for the equipment with new specifications at a future date. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans None Lacayo CONSIDERATION OF AWARD OF CONTRACT FOR POLICE DEPARTMENT COMPUTER SYSTEM: The City Manager presented a report dated September 4 recommending the purchase of the Police Department Computer System. The City Manager reported the amount to be appropriated was $13,173.80, rather than $8,173.80. It was moved by Councilman Mullen and seconded by Councilman Coronado that the City Council determine, in accordance with Section 21A-8 of the Cypress City Code, that the computer system for the Police Department as offered by E.D.S./Compusource is the most effective for providing the needed automated record keeping program in the Police Department and, therefore, the City has dispensed with the bidding process on this equipment and hereby awards the contract for the necessary computer hardware and software as outlined in the staff report to E.D.So/Compusource in the amount of $43,173.80, and that the Council authorize an additional appropriation of $13,173.80 to Account #10-4185-170.05. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans None Lacayo -7- City Council Minutes September 8, 1980 CONSIDERATION OF AWARD OF CONTRACT FOR THE POLICE DEPARTMENT PARKING CITATION MANAGEMENT PROGRAM: The City Manager presented a report dated September 4 regarding this matter. Chief Duke explained the procedure of the contract service. It was moved by Councilman Coronado and seconded by Mayor Evans that the City Council determine, in accordance with Section 21A-8 of the Cypress City Code, that Science Applications, Inc. is the only available service of this type in the West Orange County Municipal Court Jurisdiction and, therefore, awards the contract for the Parking Citation Management Program to Science Applications, Inc. in an amount equivalent to $1.80 per parking citation. The motion unani- mously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans None Lacayo CONSIDERATION OF AWARD OF CONTRACT FOR ASPHALT AND RENTAL OF ASPHALT PAVING MACHINE~?__~__Q_~T FOR~UOTATION #8081-11: The City Manager presented a report from the Finance Director dated September 5 indicating bids were requested from three vendors and one bid was received. It was moved by Councilman Rowan and seconded by Councilman Coronado to accept the bid of Ail American Asphalt, 932 Town & Country Road, Orange, California, and award them the contract based on the unit prices as shown in the staff report for a period of one year. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans None 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. It was moved by Councilman Coronado and seconded by Councilman Mullen to approve Items #5 through #27 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEEMEERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans None Lacayo Item #5: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consid- eration by Title Only and to Waive Further Reading. Item #6: Consideration of Proclaiming September 17-23, 1980 as Constitution Week in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim the period of September 17-23, 1980 as "Constitution Week" in the City of Cypress as requested. Item #7: Consideration of Proclaiming October 1980 as United Way Month in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim the month of October 1980 as "United Way Month" in the City of Cypress as requested. Item #8: Consideration of City Debt Service Tax Rate. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE ACTUAL TAX RATE TO MEET DEBT SERVICE REQUIREMENTS FOR THE FISCAL YEAR 1980-81. -8- City Council Minutes September 8, 1980 Item #9: Consideration of Cypress Recreation & Park District Debt Service Tax Rate. Recommendation: That the City Council, acting as the ex officio Board of Direc- tors of the Cypress Recreation & Park District, adopt the following Resolution by title only, title as follows: RESOLUTION NO. 107 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, CONFIRMING THE ACTUAL TAX RATE TO MEET DEBT SERVICE REQUIREMENTS FOR THE FISCAL YEAR 1980-81. Item #10: Consideration of Acceptance of Final Tract Mmp #11034, Moody Street, West Side, North of Lincoln. Recommendation: That the City Council approve Final Tract Map #11034 and accept the bond for public improvements in the amount of $14,500.00 which is not less than 50% nor more than 100% of the total improvements and authorize the City Clerk to sign the record map. Item #11: Consideration of Approval of Plans and Specifications and Authorization to Advertise for Bids for the Construction of the Community Development Project, Fifth and Sixth Year Program, to Improve Camp Street, Portion of Watson Street, Nelson Street and Alley Between Camp Street and Nelson Street in County Island, City of Cypress Project #7938-10. Recommendation: That the City Council approve the plans and specifications for the construction of Project #7938-10, the Community Development Project, Fifth and Sixth Year Program, to improve Camp Street, portion of Watson Street, Nelson Street and the alley between Camp Street and Nelson Street in the County Island, and authorize the City Clerk to advertise for bids, with bids to be opened on October 7, 1980, at 2:00 p.m. in the office of the City Clerk. Item #12: Consideration of Service Agreement HES-L060(001) for Traffic Signal Modification at Ball Road and Walker Street, City of Cypress Project #8012-50. Recommendation: That the City Council execute the Service Agreement between the City and the State for the Traffic Signal Modification on Ball Road and Walker Street, City of Cypress Project #8012-50, subject to review of the Agreement by the City Attorney. Item #13: Consideration of Acceptance of Weed Abatement of Seasonal and Recur- ring Weeds and Assessment for Weed and Rubbish Abatement for Phase I of the 1980- 81 Program. Recommendation: That the City Council: (1) accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work; and (2) adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEbfENT OF WEEDS, RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item #14: Consideration of Grant Application for State Traffic Safety Funds, City of Cypress Project #8112-50. Recommendation: That the City Council approve the application to the State for High Hazard Location and Roadside Obstacles Funds for upgrading of the traffic signals at the intersections of Valley View Street with Lakeshore Drive, Orange Avenue, Fred Drive, Cerritos Avenue, and Orangewood Avenue. -9- City Council Minutes September 8, 1980 Item #15: Consideration of Claim for Damages Filed by Mr. John Jung. Recommendation: That the City Council reject the subject claim of Mr. John Jung in the amount of $58 and refer the claim to the City's Claim Adjuster, Carl Wurren & Company, for appropriate disposition. item #16: Consideration of Application for Leave to Present a Late Claim and a Claim for Damages Filed by Mr. Kenneth R. Sheehan, Esquire, on Behalf of Mr. John F. Clark III. Recommendation: That the City Council grant the application for leave to present a late claim, reject the subject claim for damages and refer the claim to the City's Claim Adjuster, Carl Warren & Company, for appropriate disposition. Item #17: Consideration of a Resolution Outlining the City's Commitment to Imple- ment "Reasonably Available Control Measures", Herein Defined, from the South Coast Air Quality Management Plan. Recommendation: That the City Council adopt the Resolution by title only, title as follows, outlining the City's commitment to the following "Reasonably Available Control Measures": Traffic Signal Synchronization, Bicycle and Pedestrian Facili- ties, Energy Conservation-Street Lighting, Modified Work Schedules, Carpool Preferential Parking, as well as the substitute measure, Electric Vehicle Demon- stration Program: RESOLUTION NO. 2291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS INDICATING ITS INTENT TO I~LEMENT PRIOR TO DECEMBER 31, 1982 HEREIN DEFINED "REASONABLY AVAILABLE CONTROL MEASURES" FROM THE SOUTH COAST AIR QUALITY MANAGEMENT PLAN. Item #18: Consideration of Proclaiming October, 1980 as Escrow Month in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim the month of October, 1980, as "Escrow Month" in the City of Cypress as requested. Item #19: Consideration of Acceptance of Installation of an Automatic Irrigation System at Peppertree Park, 6932 Reefton Avenue, Cypress, California; Cypress Recreation & Park District Project #7980-27RP. Recommendation: That the City Council, acting as the ex officio Board of Direc- tors of the Cypress Recreation & Park District, accept the irrigation system in- stalled at Peppertree Park as being satisfactorily completed in accordance with plans and specifications and, upon satisfactorily submitting all contract docu- ments, authorize payment to Ladd Modern Sprinkler Company in the amount of $7,400. item #20: Consideration of a Resolution of the City of A~aheim and the City of Pinole Requesting Governor Brown to Lift the Odd-Even Gas Distribution System. Recommendation: That the City Council authorize the City's voting delegate to the League of California Cities Conference to support any effort made to lift the odd-even gas distribution system imposed by the Governor. Item #21: Consideration of a Resolution of the City of Sacramento Requesting that the City Not Participate in the National League of Cities Conference Since it is Being Held in Atlanta, Georgia, Which is in a State that Has Not Ratified the Equal Rights Amendment. Recommendation: Receive and file. Item #22: Consideration of the Addition of a Unitrol and Speaker Unit to be Purchased in the 1980-81 Capital Outlay Budget. -10- City Council Minutes September 8, 1980 Recommendation: That the City Council authorize the addition of a Unitrol and sound speaker unit for the Police Department vehicle in the amount of $600, to be added to the Capital Outlay Account #90-4462-650.35 ($450 for Unitrol) and Account #90-4463-650.35 ($150 for sound speaker unit). item #23: Consideration of the Audit Report on the City of Cypress' Revenue Sharing Fund. Recommendation: Receive and file. Item #24: Consideration of Attendance at the League of California Cities Con- ference and Designation of a Voting Delegate and Alternate. Recommendation: That the City Council authorize the attendance of all members of the City Council at the Annual League of Cities Conference to be held in Los Angeles on October 19-22, 1980, and be reimbursed for all actual and necessary expenses and, further, that the Mayor be designated as voting delegate and the Mayor Pro Tem be designated as the voting alternate at the League business session. Item #25: Consideration of Confirmation of the City of Cypress Participating in the Orange County Litter Clean Up Program. Recommendation: That the City Council confirm the action of the City Manager in advising the State Solid Waste Management Board that the City of Cypress intends to participate in the Orange County Litter Clean Up Program and, therefore, auth- orizes the transfer of its entitlement funds, in the amount of $3,764, to the County of Orange. Item #26: Consideration of Communication from the Anaheim Union High School District Regarding the City's Interest in the Oxford Jr. High School Site. Recommendation: That the City Council authorize the City bianager to notify the Anaheim Union High School District Citizens Advisory Committee of the City Coun- cil's continued interest in obtaining the open space and facilities of the Oxford Jr. High School for community purposes. Item #27: Consideration of an Agreement with Goldstein, Freedman & Klepetar to Provide Professional Negotiation Services for the City. Recommendation: That the City Council approve the agreement for negotiation services with Goldstein, Freedman & Klepetar subject to approval as to form by the City Attorney and further confirm the expenses incurred to date which are in the amount of $1,125 for preparation for the negotiation sessions. Councilman Rowan requested that staff prepare a report for the September 22 meeting regarding annexation of property to the City, and particularly the prop- erty located north of Crescent and west of Moody Street. The City Manager reported that Supervisor Wieder requested a breakfast meeting with the City Council. The Council agreed to schedule this meeting for Friday, September 26, at 7:30 a.m. The Council also agreed to schedule the work session meeting of Monday, September 15, at 7:00 p.m. The City Manager advised that the joint meeting with the Recreation Commission on September 16 at 6:00 p.m. would be held at the Community Center. The Council waived the 11:30 p.m. adjournment time. ORAL CObIMUNICATIONS: Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, reported that he visited Willow Park on Labor Day and found the restrooms locked and some play equipment in disrepair and in need of painting. He felt the park was unusable. The Council requested a status report on the condition of the parks. ADJOURNMENT: Mayor Evans adjourned the meeting at 11:37 p.m. to Monday, September 15, at 7:00 p.m. in the Administrative Conference Room. MAYOR OF THE dI~ OF cYPRESS ATTEST: U~--TY CLE~YPRE S S -11-