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Minutes 81-04-13MINUTES OF A REGULAR MEETING OF TIE CYPRESS CITY COUNCIL HELD April 13, 1981 The regular meeting of the Cypress City Council was called to order at 6:04 p.m. on Monday, April 13, 1981, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Vickie Evans presiding. PRESENT: ABSENT: Councilmembers Coronado, Mullen, Rowan & Evans Councilman Lacayo Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following City staff members: Barrett, DeCarlo, Duke, Lamm, Powell and Schatzeder. EXECUTIVE SESSION: Mayor Evans called an Executive Session to discuss matters of personnel at 6:04 p.m. COUNCILMAN LACAYO ARRIVED AT 6:30 P.M. The meeting was called back to order at 6:34 p.m. with all Councilmembers present. PLEDGE OF ALLEGIANCE: Chief Duke led the pledge to the flag. ORAL COMMUNICATIONS: 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: The City Manager transmitted a communication to the Council from the Anaheim Union High School District Board responding to the Council's letter concerning a joint meeting. ~e Mayor added this item to the agenda. The City Manager also transmitted a communication from the Southern California Water Company regarding Item #20 on the agenda relating to water pollution. MINUTES: It was moved by Councilman Mullen, seconded by Councilman Coronado and unanimously carried to approve the minutes of March 23 and March 30. CONSIDERATION OF AWARD OF CONTRACT FOR PRINTING AND TYPESETTING OF THE CYPRESS RECREATION & PARK DISTRICT SU~ER BROCHURE, REQUEST FOR QUOTATION #8081-14RP: The City Manager presented a report from the Finance Director dated March 26 which outlined the four bids received. Councilman Mullen had questions concerning the cost differences in the quotes for a 16 page and 20 page brochure. Councilman Rowan stated that the cost increases were consistent among the four bidders. It was moved by Councilman Mullen and seconded by Mayor Evans, that the Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, continue this item to the April 20 meeting and request a staff report on the bidding costs. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, NOES: 1 COUNCI L)~MBERS: Rowan ABSENT: 0 COUNCILMEMBERS: None Lacayo, Mullen & Evans CONSIDERATION OF AWARD OF CONTRACT FOR TIlE REMOVAL OF STREET TREES AND REPAIRS OF CURB, GUTTER AND SIDEWALK ADJACENT TO CYPRESS COLLEGE, CITY OF CYPRESS PROJECT #8129-90: The City Manager presented a report from the Public Works Director dated Ap-~iW 7 outlining five bids received. It was moved by Councilman Mullen and seconded by Councilman Rowan to determine that the lowest responsible bidder for Project #8129-90 is J. T. Garza Construction~ Inc., 15520 Vermont Avenue, Paramount, California, and award them the contract in the amom~t of $34,955.50. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILHEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None City Council Minutes April 13, 1981 CONSIDERATION OF AWARD OF CONTRACT FOR BUS TRANSPORTATION FOR EXCURSIONS, REQUEST FOR QUOTATION #8081-13RP: The City blanager presented a report from the Finance Director dated April 9 outlining four bids received. Following discussion, it was moved by Councilman Mullen and seconded by Councilman Lacayo that the Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, accept the bid of California Charter Buses, Inc., 6400 Westminster Avenue, #223, Westminster, California~ as the lowest responsible bidder m~d award them the contract for a period of one year. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Lacayo, Mullen, Rowan & Evans 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. In regard to Item #9 concerning the recommendations from the Traffic Commission, and specifically the parking request for the east side of Bloomfield between Marion and Myra, Mayor Evans requested a staff report concerning enforcement of the no parking on the west side of Bloomfield by the Los Alamitos Police Department. It was moved by Councilman Coronado and seconded by Councilman Mullen to approve Items #4 through #16 on the Consent Calendar. 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 Item #4: Motion to Introduce and/or Adopt Ail Ordinances Presented for Considera- tion by Title Only, and to Waive Further Reading. Item #S: Consideration of a Request for Waiver of Admission Tax by the St. Mary's Hospital Guild, Inc. Recommendation: That the City Council waive the admission tax requirement for St. Mary's Itospital Guild, Inc. for the "Night at the Races" on June 3, 1981~ at the Los Alamitos Race Course. Item #6: Consideration of Proclamation for "Volunteer Recognition Week". Recommendation: April 27-May 3, requested. That the Mayor and City Council officially proclaim the week of 1981, as "Volunteer Recognition Week" in the City of Cypress as Item #7: Consideration of Resolution of Cmrm~endation for Steve Love. Recommendation: That the City Council adopt the Resolution by title only~ title as follows: RESOLUTION NO. 2374 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF CYPRESS COb¢IENDING STEVE LOVE FOR }tis HEROIC ACTIONS. Item #8: Consideration of Approval of Plans, Specifications, Agreement and Auth- orization to Solicit Bids for Traffic Signals at the Intersections of Crescent Avenue and Carob Street and Ball Road and Juanita Street, City of Cypress Project #8027-50. -2- City Council Minutes April 13, 1981 Recommendation: That the City Council: (1) approve the Plans and Specifications for the traffic signal installations at the intersections of Crescent Avenue and Carob Street and Ball Road and Juanita Street, Project #8027-50, and authorize the City Clerk to advertise for bids with bid opening date on May 5, 1981, at 2:00 p.m. in the Office of the City Clerk; and (2) approve the Agreement between the City of Cypress and the City of Buena Park for the installation and maintenance costs of the traffic signals at the intersection of Ball Road and Juanita Street, and authorize the Mayor to sign and the City Clerk to attest the signature, sub- ject to the approval of the City Attorney. Item #9: Consideration of Recommendations of the Traffic Commission Meeting of March 17, 1981. Recommendation: ~at the City Council approve the recommendations of the Traffic Commission as outlined in the staff report and adopt the Resolution by title only~ title as follows: RESOLUTION NO. 2375 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO PARKING" AREAS. (Walker Street, north and south of driveway at the Bowers Apartments, and Bloomfield Street, east side between Marion Avenue and Myra Avenue.) Item #10: Consideration of Acceptance of Final Tract Map #11082, Ball Road, North Side, East of Valley View Street. Recommendation: That the City Council approve Final Tract Map #11082 and accept t~e bond for public improvements in the amount of $8,300.00, 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 Claim Filed by Mr. Paul Rubin. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claim Adjuster, Carl Warren & Company, for appropriate disposition. Item #12: Continuation of Consideration of Resolution on the Elimination of the State and Federal Estate Tax. Recommendation: That the City Council adopt the Resolution by title only, title as follows: RESOLUTION NO. 2376 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE ELIMINATION OF THE FEDERAL AND STATE ESTATE TAX. Item #13: Continuation of Consideration of Ordinance Prohibiting Drinking in Certain Public Places. 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 SECTION 17-40 TO THE CODE OF THE CITY OF CYPRESS PROHIBITING DRINKING IN CERTAIN PUBLIC PLACES. Item #14: Consideration of Attendance of the Mayor and City Council Members at the Annual League of California Cities' Legislative Conference. Recommendation: That the City Council authorize the Mayor and Council Men~ers to attend the annual Mayors and City Com~cil Members Legislative Conference to be held in Sacramento on May 11-13, 1981, and to authorize reimbursement for all necessary and actual expenses. -3- City Council Minutes April 13, 1981 ~tem #1S: Consideration of Extension of the Agreement Between the City and Orange County for Animal Control Services. Recommendation: That the City Council approve the Agreement for the extension ~f animal control services with the County of Orange and authorize the Mayor to sign and the City Clerk to attest. Item #16: Consideration of Status Report Concerning Park Plaza Shopping Center, Ball Road between Valley View and Juanita Street. Recommendation: Receive and file. Councilman Rowan requested that staff investigate a possible sight distance problem on the west side of Grindlay Street, north of Canterbury Drive, and the possible need for a no parking area. Staff indicated they would refer this matter to the Traffic Commission for consideration. CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #81-5, ABC ANIMAL HOSPITAL, 9121 WALKER STREET: The City Manager transmitted a report from the Planning Director dated April 7 regarding the application, tie reported that the applicant was unable to attend tonight's meeting and had requested that the hearing be continued to the next regular meeting. It was moved by Councilman Lacayo and seconded by Councilman Mullen to continue the public hearing regarding Conditional Use Permit #81-5 to the April 27 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: S COUNCIL~MBERS: 0 COUNCIL~MBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None PUBLIC HEARING RE: VARIANCE #81-1, REAR YARD SETBACK FOR ROOM ADDITION, 5121 LAUREL AVENUE: Mayor Evans opened the public hearing. The Planning Director presented a report dated April 8 which described the variance application to permit the construction of a single-story room addition onto the rear of a single family dwelling, portions of which addition would encroach to within 5 feet of the rear property line. The new addition, with a five foot setback, would result in a rear yard area of 851 square feet. The Zoning Ordinance requires a 10 foot rear yard setback and 1100 square feet of open and usable rear yard area, in the RS-6000 Zone. Mr. Lamm reported that the proposed addition would be single-story, with no windows on the rear facing adjoining properties, and with one stained glass window on the side of the addition. The applicant's home faces the side yards of the two dwellings to the rear of his property. Mr. Charles Uouston, 5121 Laurel Avenue, Cypress, reported his family's need for additional room has grown, they cannot afford to move into a larger house, and they have lived in Cypress for 14 years and would like to remain. He reported the room addition would be located off the master bedroom and used as a family retreat for quiet activities as opposed to a family recreation room. He indicated that reducing the room she to provide for an 8-foot rear setback would not satisfy their space needs, lte reported that a second story addition would be too costly and would exceed their requirements. Mr. Houston stated that the arrangement of the tract, with two homes facing his rear yard located on cul-de-sacs, gives the appearance of a lot of open space. He reported his rear yard faces the side yards of the two adjoining properties to the rear. Mr. Houston reported there were no objections expressed from neighbors he has spoken to regarding his plans. Mayor Evans asked if anyone wished to speak in favor or in opposition to the appli- cation. No one wished to speak in support or in opposition. It was moved by Councilman Coronado and seconded by Councilman Lacayo to close the public hearing and adopt the following Resolution by title only, title as follows, and approve the five-foot rear setback: RESOLUTION NO. 2377 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING VARIANCE NO. 81-1. -4- City Com~cil Minutes April 13, 1981 motion m~animously carried by the following roll call vote: AY£S: 5 COUNCI LMEMBERS: Coronado, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCIL~MBERS: None Lacayo, Mullen, Rowan & Evans PUBLIC HEPdtlNG RE: WEED ABATEMENT PROGRAM FOR 198]: Mayor Evans opened the public hearing. The Public Works Director presented a report dated April 6 indicating the public hearing was scheduled to hear objections and individual protests to the weed abatement program. ~e attached resolution listed parcels which require weed abatement or rubbish removal work. Staff reported that no written protests were submitted. Mayor Evans asked if anyone wished to speak in support or in opposition to the proposed weed abatement program. No one wished to speak in support or in opposition. It was moved by Councilman Lacayo and seconded by Councilman Coronado to close the public hearing and adopt the Resolution by title only, title as follows: RESOLUTION NO. 2378 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON OR IN ERONT OF, AND RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING THE ABATEMENT THEREOF. The motion unanimously carried by the following roll call vote: AYES: 8 COUNCIL~MBERS: Coronado, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 CO[JNCIL~]BERS: None Lacayo, Mullen, Rowan & Evans CONTINUATION OF CONSIDERATION OF WATER POLL[~ION INFORMATION: ~l~e City Manager pre- sented a report dated April 9 which transmit ted various materials concerning water pollution as well as the test results of Cypress water submitted by the Southern California Water Company. Staff also presented the Council with samples of asbestos cement water pipes used in Cypress: one pipe section was 2 years old, the other 17 years old. Staff reported that the section which was installed in 1964 had adark metal coating from water deposits which would prevent the leaching or deposit of asbestos fibers into the water. Staff reported that, according to the tests performed by the Water Company, the water fro.m the Metropolitan Water District and City's wells was not aggressive~ meaning it would not corrode the asbestos cement pipes. Councilman Coronado requested that staff arrange for periodic tests of Cypress' water to be performed by the Southern California Water Company. It was moved by Councilman Lacayo and seconded by Councilman Mullen to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCIL~MBERS: 0 COUNCIL~MBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None CONTINUATION OF CONSIDERATION OF EXTENSION OF I,EASE WITH THE CYPRESS BOYS' CLUB: The City Manager presented a report dated Apri'l ~ indicating that Councilman Mullen had requested this item on the agenda. He reported that the president axed executive director of the 80ys' Club had been notified on the same day of Councilman Mullen's request. Mr. Essex reported that the Boys' Club had formed a lease committee and they were drafting a lease agreement for both properties which would be submitted for review by the City staff within the next week; following staff's review~ a report m~d reconm~endation would be made to the City Council.. Mayor Evm~s requested that staff expedite this matter and prepare a status report for the April 20 Council meeting on the Boys' Club lea se proposal, including infor- mation on the Anderson trust. Councilman Coronado expressed support for leasing the property at Moody and Cerritos to the VFW Post. Councilman Mullen stated it was his tmderstanding that the Boys' Club wished to lease only the property on Moody at Myra. -8- t City Council Minutes April 13, 1981 Mr. Itarold Lindamood, 6223 Lawrence, Cypress, reported that the Boys' Club planned to use the building at Moody and Cerritos for work projects for the boys~ and the Boys' Club representatives had also indicated at the joint meeting with the Council that they may consider moving the building to the Moody/Myra property. Mr. Lindamood reported a member of the Boys' Club Board was in the process of drafting the lease. He stated that no deadline was set at the joint meeting for submittal of the lease. Councilman Mullen expressed concern over the long delay by the Boys' Club in presenting a lease proposal and concern that the building at Moody and Cerritos was not being maintained. Me requested information regarding the legal status of the building on the Moody/Cerritos property. It was moved by Councilman bIullen and seconded by Councilman Lacayo that the Boys' Club be notified of the City Council's intention not to renew the lease for the Moody/Cerritos property. Mayor Evans stated she did not support the motion since the Boys' Club had not previously been provided with a deadline. She recommended that the Council review the status report at the April 20 meeting and make its decision at the April 27 meeting. Councilman Rowan also stated he did not support the motion. Councilman Coronado requested that the Council have at least 10 days to review the Boys' Club lease proposal. Mr. Francis Boykin, 5917 Noumea, Cypress, felt the Boys' Club could provide the CouncH with a letter from the Anderson trust clarifying the status of the building at Moody and Cerritos. He stated it was his anderstanding that if the building is not used for youth activities it must be removed from the property. Mr. Harold Lindamood stated he would request the Boys' Club to provide the Council with a copy of the letter from the Anderson trust. q~e motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEMBERS: 3 COUNCI LMEMBERS: 0 COUNCILMEMBERS: Lacayo & Mullen Coronado, Rowan & Evans None Mayor Evans ]ndicated she did not wish to make a decision regarding the property without hearing from other community organizations and having the Council determine the highest and best use For the property. CONSIDERATION OF CITY COUNCIL REORGANIZATION AND APPOINTMENTS: The City Manager presented a report dated April 8 listing the existing Council appointments to various organizations. Mayor Evans turned the Chair over to the City Clerk for reorganization of the Council. ~he City Clerk asked for nominations for the position of Mayor. Councilman Lacayo nominated Councilman Mullen as Mayor. Councilman Rowan nominated Councilwoman Evans as Mayor. There being no further nominations, the City Clerk announced that nominations for the position of Mayor were closed. ~e motion to elect Councilman Mullen as Mayor failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCI LMEMBERS: 3 COUNCILMEbIBERS: 0 COUNCILMEblBERS: Lacayo & Mullen Coronado, Evans & Rowan None ~he motion to elect Councilwoman Evans as Mayor carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Evans, Mullen & Rowm~ NOES: 1COUNCIL~MBERS: Coronado ABSENT: 0 COUNCILb~MBERS: None ABSTAINING: 1COUNCIL~MBERS: Lacayo -6- City Council Minutes April 13, 1981 The City Clerk turned the ~air Over to Mayor Evm~s. Mayor Evans announced that nominations were open for the position of Mayor Pro Tem. Councilman Lacayo nominated Councilman Mullen as Mayor Pro Tem. Mayor Evans nominated Councilman Rowan as Mayor Pro Tem. Councilman Rowan nominated Councilman Coronado as Mayor Pro Tem. Councilman Mullen withdrew his name from nomination. Councilman Rowan withdrew his name from nomination. Com~cilman Rowan moved that a unanimous ballot be cast to elect Councilman Coronado as Mayor Pro Tem. ~ere being no objections, Councilman Coronado was elected as Mayor Pro 'Fem. CONSIDERATION OF SUMMER NEWSLETTER DRAFT: ~le City Manager presented a report dated April 9 which t--ransm{-~ted~of the newsletter. Mayor Evans requested that the City Council highlights article be updated. It was moved by Councilman Mullen, seconded by Councilman Lacayo and unanimously carried to approve the draft of the summer newsletter. CONSIDERATION OF LEGISLATIVE BULLETINS #8, 9 AND 10 FROM ~tE LEAGUE OF CALIFORNIA CITIES ~'3, 1--981: ~ty" M--anager presented a report dated April 9 which reviewe~-~pro~ose~-Tegis]ation and recommended that the Council take action to support or oppose the various bills. It was moved hy Mayor Evans, seconded by Councilman Coronado and unanimously carried to direct staff to prepare responses for the Mayor's signature to the appropriate officials expressing the City's opposition to SB 426 - Compulsory and Binding Arbitration (Boatwright); opposition to SB 801 and AB 13S3 - Billboard Removal Moratorium Extension (Dills) and (Papan). and support of SB 46 - Off-set (Russell). ' PERS Pension Funds CONSIDERATION OF APPROVAL OF CO~4ERCIAL WARRANT LIST: It was moved by Councilman Coronado and s~-conded by Com~lman'La~ayo to approve the Warrant List for Warrants #S81S2 through #58S14 in the total amount of $662,632.14. The motion unanimously carried by the following roll call vote: AYES: S COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COF~4ERCIAL WARRANT LIST: Acting as the ex offic--{-oo Board of DirectOrs of the Cypress Recreation & Park District, it was moved by Com~cilman Lacayo and seconded by Councilman Coronado to approve the District Warrant List for Warrants #12979 through #13046 in the total amount of $25,075.71. I]ae motion unanimously carried by the following roll call vote: AYES: S COUNCILMEMgERS: Coronado, Lacayo, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCIL~MBERS: None RECESS: Mayor Evans recessed the meeting at 7:SS p.m. in order for the Council to c0~sider Item #27 on the agenda, Consideration of Status Report Concerning the Civic Center Redevelopment Plan, as the Cypress Redevelopment Agency. The meeting was called back to order at 8:13 p.m. with all Councilmembers present. The City Council continued their discussion of Item #22 on the agenda, Consideration of City Council Reorganization and Appointments. The Council held discussion concerning the appointments and agreed that they would continue to serve in their existing capacities on the various organizations. -7- City Council Minutes April 13, 1981 It was moved by Councilman Lacayo and seconded by Councilman Mullen to confirm the Mayor's appointments as follows: Orm~ge County Sanitation District Mayor - Representative Howard Rowan - Alternate League of California Cities, Orange County Division Mayor - Voting Representative Cornelius Coronado - Representative Santa Ana River Flood Protection Agency Cornelius Coronado - Representative Gerald Mullen - Alternate Unified Orange County Cities Disaster Organization Otto Lacayo - Representative ~e motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado~ Lacayo, Mullen, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Rowan & Evans The Council held discussion regarding the communication from the Anaheim Union High School District Board in reference to the Oxford Jr. High School property. The City Manager reported that he would contact Mr. Lattimer of the School District and attempt to arrange a meeting to discuss the alternatives for the property. Mayor Evans requested that staff prepare a status report on this matter for the April 20 meeting. EXECUTIVE SESSION: Hayor Evans called an Executive Session at 8:25 p.m. for matters of litigation. The meeting was called back to order at 9:05 p.m. with all Council- members present. ADJOURN~NT: Mayor Evans adjourned the meeting at 9:05 p.m. to Monday~ April 20, at 7:00 p.m. in the administrative conference room for a budget workshop meeting. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CL~RK b~ ~HE Cf~Y/0F CYPRESS -8-