Minutes 81-08-10MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
August 10, 1981
The regular meeting of the Cypress City Council was called to order at 6:33 p.m.
on Monday, August 10, 1981, in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Gerald Mullen presiding.
PRESENT:
ABSENT:
Councilmembers Lacayo, Rowan and Mullen
Councilman Coronado
Also present were Assistant City Manager Dennis Davenport, City Attorney John
Murphy, and the following City staff members: Barrett, Dalesandro, Duke, Jones
and Thomas.
PLEDGE OF ALLEGIANCE: The City Attorney led the pledge to the flag.
ORAL COMMUNICATIONS: Councilman Rowan requested that the identification signs at
the Civic Center and Community Center be repaired by replacing missing letters.
STAFF REPORTS & DISCUSSION: The Asst. City Manager requested an Executive Session
to discuss matters of litigation. He also transmitted a supplemental report for
Item #29 concerning senior citizens' housing, b~yor Mullen~also added Item #5a to
the agenda regarding reconsideration of award of contract for heater remix.
MINUTES: Mayor Mullen made several corrections to the minutes of July 27 regarding
the Miss Cypress Pageant item. It was moved by Mayor Mullen, seconded by Councilman
Lacayo and unanimously carried to approve the minutes of July 27 as corrected.
PRESENTATIONS: At this time, the Asst. City Manager presented a plaque to Mayor
Mullen which was received from the Los Alamitos City Council and Staff wishing
the City of Cypress a happy 25th Anniversary.
CONSIDERATION OF AWARD OF CONTRACT FOR ELECTRICAL WORK FOR POLICE RELOCATION TO
OXFORD JR. HIGH SCHOOL, REQUEST FOR~UOTATION #8182-05: The Asst. City Manager
presented a report from the Public Works Director dated August 10 indicating that
bids were requested from 10 vendors and only one bid was received. Staff reported
that the project included ail necessary electrical work for the Police facilities.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to accept the bid
of Schafer Electric, 307 N. Euclid Way, G4, Anaheim, California, as the lowest
responsible bidder and award them the contract in the amount of $7,150.00. ~he
motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR FURNISHING AND INSTALLING ELEVEN AIR CON-
DITIONING UNITS, REQUEST FOR QUOTATION #8182-06: The Asst. City Manager presented
a report dated August 10 from the Public Works Director indicating bids were
requested from six vendors and only one bid was received. Staff reported that
after the bids were mailed to the vendors, the Police Department requested one
additional air conditioning unit, and there was insufficient time to issue an
addendum. The bid submitted was in the amount of $13,800 for eleven units; the
additional unit cost is $1,480, for a total of $15,280. Staff recommended that
the bid be rejected and that staff be authorized to purchase the 12 units at a
cost not to exceed $8,000, and, further, that the Public Works Maintenance Division
be authorized to install the units which will result in an approximate savings of
$5,000.
City Council Minutes
August 10, 1981
It was moved by Mayor Mullen and seconded by Councilman Lacayo to: (1) reject the
bid of March Heating & Air Conditioning, Inc., 3160 E. La Palma, Unit G, Anaheim,
California, in the amount of $13,800; (2) in order to be able to install the air
conditioning units prior to the deadline date of August 29 which has been projected
for the Police Department relocation, authorize the Purchasing Officer to purchase
by telephone 12 air conditioning units as specified in the specifications with the
cost not to exceed $8,000; and (3) authorize the Maintenance Division of the Public
Works Department to install the air conditioning units. The motion unanimously
carried by the following roll call vote:
AYES: 3 CoUNcILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
PRESENTATION: Supervisor Harriett Wieder made a presentation to the Council, indi-
cating she was visiting all cities in the second supervisorial district to determine
their needs and how the County may respond with assistance. Supervisor Wieder
reported she recently returned from a meeting with 25 other supervisors and Presi-
dent Reagan. She reported that the President is in favor of returning control to
local government. She reported that, at present, federal block grant funds will
be brokered through the states; however, the supervisors' group is lobbying the
administration to develop a formula to broker the block grant funds through local
jurisdictions. Supervisor Wieder stated she is urging creation of a task force
of League officials, supervisors and State legislators to work out a formnla for
distribution of the grants to areas where they are needed, and she requested the
City's input in this effort. Supervisor Wieder reported that her second district
advisory group, which has merged to form the Affordable Development Corporation,
was given seed money by the County and is investigating sites in Orange County
for the construction of seniors affordable housing. She reported that she is
investigating the availability of federal funds to purchase equipment needed by
the Cypress Seniors Center. Supervisor Wieder introduced her staff Executive
Assistant, Mr. Bill Hodge. Supervisor Wieder responded to questions from the
Council regarding the federal support of the refugee program and status of block
grant funding. She reported that federal funding for a refugee terminates after
36 months. She reported that a County management team is developing data relative
to identifying refugees and their employment skills and on the impact of mass
irmnigration to California, with the goal of training and finding employment for
refugees. Supervisor Wieder expressed her pleasure in attending the City's 25th
anniversary celebration and recommended that the event be held annually.
PUBLIC HEARING RE: INTERIM ORDINANCE PROHIBITINC AMUSEMg~NT ARCADES: Mayor Mullen
opened the public hearing. The Asst. City Manager presented a report from the
Co~nunity Development Director dated Augnst 3 which transmitted the ordinance
that would temporarily prohibit the establishment of amusement arcades for a
period of 180 days until the City adopts uniform regulations concerning their
placement and operation. The interim ordinance would be rescinded upon adoption
of the arcade regulatory ordinance which may occur in less than 180 days.
Mayor Mu]len asked if anyone wished to speak in support of the ordinance. The
following persons spoke in support of adoption of the ordinance:
Mr. Gerald Ramos, 6330 Lincoln, Cypress
Mr. Francis Boykin, 5917 Noumea, Cypress
Mr. Steve Harsh, 6450 Lincoln, Cypress
Councilman Lacayo stated it was his understanding that four or more video game
machines constituted an amusement arcade. The City Attorney stated the Zoning
Ordinance designates two or more machines as an amusement arcade. He stated the
definition is not included in the City Code but is an administrative interpretation
by the planning department. Councilman Lacayo suggested that businesses in the
City, such as convenience markets which have several video machines, should be
notified that two machines is the limit and that the interim ordinance is in effect,
Mayor Mullen asked if anyone wished to speak in opposition to the ordinance.
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City Council Minutes
August 10, 1981
Mr. Land Wayland, attorney, 109 E. Harvard, Glendale, stated he represented appli-
cants who were requesting approval of a conditional use permit to establish an
amusement arcade. Mr. Wayland stated he did not feel the interim ordinance would
solve the problem of bicycles lying in front of and obstructing entrances to
convenience stores, donut shops and other businesses in the City. Mr. Wayland
stated other cities which allow arcades have not imposed a moratorium on their
construction but do impose strict controls on arcades on an individual basis and
monitor the operations. Mr. Wayland stated the first speaker in support of the
ordinance was biased since he wished to lease the property leased by his client,
and had offered to pay his client to relocate to another space in the commercial
Mr. Tom Khodzbzkhah, 13903 Sherman Way, Van Nuys, felt there was no need to enact
the ordinance since arcades provide a healthy pasttime for youngsters. He stated
the video machines are games of skill and businesses can be run in a clean manner.
Councilman Rowan stated the Council would have enacted the urgency ordinance
previously if all Councilmembers had been present at the last meeting. Councilman
Lacayo stated he felt the ordinance was needed because of the considerable amount
of interest that has been shown in establishing arcades in Cypress and the City's
need to evaluate potential problems created by arcades and develop proper controls.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to close the public
hearing, order the following Ordinance read by title only, title as follows, and
to approv~ the first reading of the Ordinance:
ORDINANCE NO.
~N INTERIM ORDINANCE OF THE CITY OF CYPRESS PROHIBITING
THE DEVELOPMENT OF ~MUSEMENT ARCADES PENDING A STb~Y THEREOF.
The motio~ unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #81-21, VIDEO AMUSEME~NT ARCADE, 6326
LINCOLN AVENUE (COLLEGE PARK CENTER): Mayor Mullen opened the hearing. The
Assistant Planner presented a report dated July 31 from the Co,m~unity Development
Director describing the application to establish a video amusement arcade at 6326
Lincoln Avenue located in the CH-10,O00 Commercial Heavy Zone. The arcade is
proposed to occupy a tenant space of approximately 1,950 square feet. The staff
report indicated that no communications in favor or in opposition to the applica-
tion were received. Due to the fact that the Council requested the preparation
of an ordinance placing a moratorium on conditional use permit requests for
amusement arcades, staff recon~ended that this application be denied without
prejudice and that the applicant's filing fees of $250 be refunded, with the
applicant having the opportunity to reapply at the end of the moratorium. Staff
reported that the applicant was informed of their recommendation.
Mayor Mullen asked if anyone wished to speak in support of the application.
Mr~ Land Wayland, 109 E. Harvard, Glendale, attorney representing the applicant,
urged the Council to approve the application subject to the terms and conditions
as recommended by staff. He reported that the applicant has three years' exper-
ience in owning and managing arcades, and stated the applicant will not endanger
his investment of $60,000 to $80,000 by allowing activities in the arcade that
will driw~ people away or cause revocation of the use permit. Mr. Wayland outlined
the applicant's regulations for operation of the arcade which included a police
background check of the arcade employees, and stated that with the conditions and
applicant's seriousness about the business he felt the arcade would be well managed
and operated.
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City Co~cil Minutes
August 10, 1981
Mr. Drew Wi]liamson, 6326 Lincoln, Cypress, one of the owners of the College Park
Center, stated he favors the application. He stated this applicant was selected
over several others because of the strict regulations he planned to impose which
could curtail problems. Mr. Williamson stated the shopping center is in need of
tenants and is 70% filled. He reported that a gourmet hot dog fast food restaurant
is also proposed for the center and will be complimentary to the arcade. The
fast food restaurant had expressed support for the arcade and Mr. Williamson stated
the operator of the mini-storage warehouse also favors the arcade.
Mr. Rene Vildosola, 6240 Romney, Woodland Hills, the applicant, stated there was
a need for relaxing activities such as video games. He felt the success of the
business depended on good management.
Mayor Mullen asked if anyone wished to speak in opposition to the application.
Mr. Steve Harsh, 6450 Lincoln, Cypress, stated he opposes the arcade because he
felt ~t creates a bad atmosphere. He reported there are many apartments in the
area and a liquor store next door and he did not feel the location was conducive
to amusement. Mr. Harsh recon~aended that the City proceed with their study of
amusement arcades.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated arcades are very noisy
and that he objected to placing them near residential areas. He stated that
because arcades are crowded they are difficult to patrol. He stated he favored
the moratorium on arcades.
Mr. Gerald Ramos, 6330 Lincoln, Cypress, stated he has had no police problems at
his liquor store up til now and did not want any created by the arcade. He stated
he has lost $30,000 in his business and did not wish to lose more. Mr. Ramos
stated there are two other arcades within a small radius and he did not feel more
were needed. Mr. Ramos stated Lincoln is a heavily traveled street and it could
be dangerous for children crossing the street to come to the arcade. He stated
he did not want minors asking his customers to purchase alcohol for them. Mr.
Ramos stated the west entrance to the center is the same entrance for the mini-
storage warehouse and this could create safety hazards for children or a parking
problem.
Mr. Jack Wannebo, 11521 Knott, Cypress, expressed concern that the applicant was
not a resident of the City and would not be concerned about the City. Mr. Wannebo
stated he has visited several arcades and there is usually a lack of adult super-
vision.
Mr. Wayland, representing the applicant, spoke in rebuttal to the cormnents in
opposition. In regard to Mr. Ramos' statement about other arcades in the area,
Mr. Wayland stated there are numerous liquor stores in the vicinity. Mr. Wayland
agreed that Lincoln is a heavily traveled street but stated this has not prevented
the establishment of other businesses. Mr. Wayland stated that persons of all
ages patronize arcades. Mr. Wayland reported that Mr. Ramos had stated he would
not object to the arcade if it was placed at the other end of the shopping center,
and Mr. Ramos was willing to pay his client to relocate. The relocation at the
other end of the center would be adjacent to the residents whom Mr. Ramos did not
wish to disturb.
Councilman Rowan moved to close the public hearing and approve Conditional Use
Permit #81-21 subject to the conditions recommended by staff with the following
additional conditions: (1) a required police background check of employees of the
arcade; (2) a requirement that the arcade comply with the City's Noise Ordinance
and, if necessary, that the applicant provide sound attenuation in the building;
(3) that the applicant provide proper parking facilities for bicycles to the
satisfaction of City staff; and (4) that the applicant's rules and regulations
be a condition of approval. The motion was not seconded.
Councilman Lacayo stated that the last two arcade conditional use permits had
been approved subject to different conditions and that he felt there was a need
for uniform regulations and guidelines. He stated he supported staff's recommen-
dation to deny this application without prejudice.
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City Council Minutes
August 10, 1981
413
It was moved by Councilman Lacayo and seconded by Mayor Mullen to close the public
hearing and adopt the following Resolution by title only, title as follows, denying
Conditional Use Permit #81-21 without prejudice, and to refnnd the applicant's
$250 filing fee:
RESOLUTION NO. 2417
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING CONDITIONAL USE PERMIT NO. 81-21.
Mayor Mullen stated this location did not satisfy the criteria which he felt should
apply in that the location was close to many residences and opposition had been
expressed.
The motion carried by the following roll call vote:
AYES: 2 COUNCILMEMBERS: Lacayo & Mullen
NOES: 1 COUNCILMEMBERS: Rowan
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR THE SIDEWALK ADDITION TO THE JUANITA STREET
BRIDGE OVER THE CARBON CREEK CHANNEL, CITY OF CYPRESS PROJECT #8030-10: The Asst.
City Manager presented a report from the Public Works Director dated July 30 which
outlined four bids received on July 28. Staff reported that during bid checking
by the Engineering Division, a discrepancy was noted in the apparent low bidder's
bid in that the unit price quoted did not add up to the total bid shown. The
contractor, Nobest, Inc., submitted a letter to the City dated August 7 indicating
that their unit prices were the result of a clerical error and that acceptance of
the contract at these prices would cause them substantial financial hardship.
Nobest requested that the contract be awarded to the second low bidder.
The City Attorney reported that the standard Public Works documents provide that,
where unit prices are requested, the determination of the lowest responsible
bidder is made on the basis of the various unit prices, not on the basis of the
total bid. Nobest was determined by staff to be the lowest responsible bidder
based on the individual unit prices quoted in their bid. The City Attorney
reported that, if a bidder has made an honest error and asks relief, the Govern-
ment Code provides that the Council need not grant relief but may award the contract
even with the error. If the bidder then refused to sign the contract, he would
risk forfeiture of his bid bond, ~n an amount of 10% of the bid. The Government
Code further'provides the contractor with a court opportunity to demonstrate that:
an error was made, it was brought to the City's attention within five days after
bids were opened, and that the error was a typographical error and not an error
of judgment. If the court determined that these criteria were met, the contractor
could be granted relief from forfeiture of the bid bond. Mr. Murphy stated that
the Council has the options of granting the contractor relief and awarding the
contract to the next lowest bidder based on their finding that a typographical
error was made, or may award the contract to Nobest.
Councilmembers Lacayo and Mullen felt that the contractor had made an honest error
in computation of the bid and indicated they did not wish to penalize the contrac-
tor, especially since no damage had resulted to the City. Councilman Lacayo
stated the important thing was to get the work done.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to: (1) determine
that the bid of Nobest, Inc. was submitted in error and that it be withdrawn in
accordance with their request; (2) award the contract for Project #8030-10 to the
next low bidder, Christopher Construction Company, 7751 Cairngrove, Glendora, in
the amount of $46,631.00; and (3) authorize a budget transfer from the General Fund
and appropriate $53,326 from the fund balance of the General Fund to Account
#10-415,21 as follows:
10-4001-415.21
10-4006-415.21
10-4114-415.21
10-4151-415.21
10-4186-415.21
10-4207-415.21
$ 1,290.00
632.00
10.00
50.00
51,294,00
50.00
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City Council Minutes
August 10, 1981
Councilman Rowan stated he did not support the motion because he felt the contrac-
tor had underbid the project and was attempting to increase the unit prices. He
felt that a contractor who submits a bid incurs a legal obligation to perform
under the project specifications or risk forfeiture of his bid bond.
The motion carried by the following roll call vote:
AYES: 2 COUNCILMEMBERS: Lacayo & Mullen
NOES: 1 COUNCILMEMBERS: Rowan
ABSENT: 1 COUNCILMEMBERS: Coronado
RECONSIDERATION OF AWARD OF CONTRACT FOR HEATER REMIX OF VARIOUS ARTERIAL STREETS
IN THE CITY OF CYPRESS, PROJECT #8201-90: The Asst. City Manager presented a
report from the Public Works Director dated August 6 indicating that the Council
had awarded a contract for heater remix at their July 27 meeting. The second
bidder on the project, G. J. Payne Company, was contesting the bid of Copperstate
Asphalt Heaters, Inc., who had been awarded the contract. Staff indicated that
Copperstate lacked the required State contractor's license and they recommended
that the contract to Copperstate be revoked and that the project be readvertised.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to: (1) revoke the
contract for the heater remix of existing A.C. (including rejuvenation) of various
arterial streets in the City awarded by the Council at the July 27, 198] meeting
to Copperstate Asphalt Heaters, Inc. in the amount of $53,132.20; and (2) authorize
staff to readvertise for bids for Project #820]-90. The motion unanimously
carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Laca¥o, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSENT CALENDAR: Mayor Mullen announced that ali items listed on the agenda
under "Consent Calendar" were to be considered by the Council as routine and
enacted bv one motion approving tile recommendations listed on the agenda.
In regard to Item #10, Consideration of Recommendations of Traffic Commission
Meeting of July 21, Councilman Lacayo requested that the recc.m~endation on this
item be changed, and that the Council adopt the Resolution pertaining to the
No Parking areas on Barry Drive, Milton Circle and Sunny Circle, but continue the
matter regarding the speeding problem at Karen and Nancy to the next meeting at
which time Mr. Villavicencio may be present.
Mr. Greg Diaz, 6121 Barbados, Cypress, spoke in regard to Item #11, Consideration
of Closure of the Stanton Channel Bike Trail, and recommended tha~ the letter
survey mailed to residents contain a date when the item will be considered by the
City Council. The Council instructed staff to provide the date in the letter.
It was moved bv Councilman Lacayo and seconded by Mayor Mu]len to approve Items
#6 through #20~on the Consent Calendar, with the change to the recommendations
for Items #10 and 11~ The motion unanimously carried by the following roll call
vote:
AYES: 3 COUNCILMEMBERS: Laca¥o, Rowan & Mulien
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
Item #6: Motion to Introduce and/or Adopt All Ordinances Presented for Consid-
eration by Title Only and to Waive Further Reading.
Item #7: Consideration of Contract Renewal for Codified Ordinance Supplement
Service.
Recommendation: That the City Council approve the renewal of the existing contract
for codifying Ordinance supplements to the Cypress City Code with the Municipal
Code Corporation, Tallahassee, Florida, for a one year period commencing August 1,
1981 through July 31, ]982, with no change in rates.
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City Conncil Minutes
August 10, 1981
Item #8: Consideration of Attendance of the Public Works Director at the Inter-
national Public Works Congress and Equipment Show.
Recommendation: That the City Council authorize the Public Works Director to
attend the International Public Works Congress and Equipment Show in Atlanta,
Georgia, from September 12-17, 1981, and be reimbursed for all actual and necessary
expenses.
Item #9: Consideration of Proclaiming October 23, 1981 as Hungarian Freedom
Fighters' Day.
Recommendation: That the Mayor and City Council officially proclaim October 23,
1981, as "Hungarian Freedom Fighters' Day" in the City of Cypress.
Item #10: Consideration of Recommendations of Traffic Commission Meeting of
July 21, 1981.
Recommendation: That the City Council continue the item regarding the speeding
problem at Karen and Nancy to the August 24 Council meeting, and adopt the following
Resolution by title only, title as follows, establishing "No Parking" areas during
school days only on Barry Drive, Milton Circle and Sunny Circle:
RESOLUTION NO. 2418
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING "NO PARKING" AREAS.
Item #11: Consideration of Closure of the Stanton Channel Bike Trail.
Recommendation: That staff be instructed to conduct an opinion survey by mail
to determine if the majority of persons living in the area near this bike trail
want it closed, and that the survey include all homes north of Orangewood and
south of the bike trail between Knott Street and Valley View Street, and that
staff provide notification in the letter to residents of the date when the City
Council will consider this matter.
Item #12: Consideration of Fiscal Year 1980/81 Arterial Highway Financing Program
Administrative Agreement, AHFP #1017, Ball Road between Denni Street and Moody
Street, City of Cypress Project #8014-10.
Recommendation: That the City Council: (1) approve the Administrative Agreement
for AHFP Project #1017, Ball Road between Denni Street and Moody Street, and
authorize the Mayor to sign the agreement and the City Clerk to attest; (2) auth-
orize the Mayor to sign the Right-of-Way Certification and the City Clerk to attest;
and (3) adopt the Resolution by title only, title as follows, establishing "No
Parking" areas on Ball Road north and south sides, from Denni Street to Moody Street:
RESOLUTION NO. 2419
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING "NO PARKING" AREAS.
Item #13: Consideration of Request for SB 821 Funds for Bicycle and Pedestrian
Facilities on Walker Street Bikeway from Cerritos Avenue to Katella Avenue, City
of Cypress Project #8115-90.
Recomm~endation: That the City Council adopt the Resolution by title only, title
as follows, authorizing submittal of a request to O.C.T.C. for funding from SCAG
for the Walker Street Bikeway:
RESOLUTION NO. 2420
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN
FUNDS AUTHORIZED UNDER SB 821 AND APPROVING THE ADOPTION
OF ITS BICYCLE AND/OR PEDESTRIAN PLAN.
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City Council Minutes
August 10, 1981
item #14:
~J7750-90.
Consideration of San Gabriel/Coyote Creek Bicycle Trail, Project
Recommendation: That the City Council adopt the Resolution by title only, title
as follows, requesting SB 821 funds in the amount of $170,000 for the construction
of the San Gabriel/Coyote Creek Regional Bicycle Trail:
RESOLUTION NO. 2421
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION
TO SELECT THE SAN GABRIEL/COYOTE CREEK BICYCLE TRAIL AS A
TOP PRIORITY PROJECT FOR FUNDING WITH SB 821 FUNDS IN THE
1981/82 FISCA~ YEAR.
It~15: Consideration of Appropriation of ]980-81 Encumbrances - City.
Recommendation: That the City Council authorize appropriations per the worksheet
totaling $397,334.71 to the General Operating Fund and $14,368~58 to the Central
Services Fund.
Item #16: Consideration of Basic Compensatien Plan Amendment.
Recommenda t ion:
as follows:
That the City Council adopt the Resolution by title only, title
RESOLUTION NO. 2422
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION NO. 2332, BASIC CO~PENSATION PLAN,
SECTION 3, CONCERNING SALARIES ESTABLISHED FOR CITY
E>~LOYEES PLACED UNDER THE BASIC COMPENSATION PLAN.
Consideration of Oxford Jr. High School Facility Use by Community Groups.
Recommendation: Receive and file.
Item #18: Consideration of Agreement for Cable Television Receiving Station and
Use of Public Rights-of-Way.
Recommendation: That the City Council approve the agreement with California
Cablesystems, Inc. and authorize the Mayor to sign and the City Clerk to attest
the subject agreement.
item #]9: Consideration of Resolution from the City of Vallejo Regarding Clayton
Moore (The Lone Ranger) Regaining His Right to Wear a Mask as Part of His Costume.
Recommendation: Receive and file.
Item #20: Consideration of Appropriation of 1980-81 Encumbrances - Park District.
Recommendation: That the City Council, acting as the ex officio Board of Directors
of the Cypress Recreation & Park District, authorize appropriations per the work-
sheet for encumbrances totaling $3,898.24 to the General Operating Fund and
$614.30 to the Central Services Fund.
CONTINUATION OF CONSIDERATION OF A COMMRJNICATION FROM MRS. MARJORIE RUSS RE: THE
SALE OF FIREWORKS: The Asst. City Manager presented a report dated August 4
indicating this matter was continued from the July 27 Council meetlng. Mrs. Russ
had expressed concerns over the use of fireworks and particular concern over
their eff~'~t on animals. Mrs. Russ had submitted a $50 check to the City to begin
a centralized community fireworks display.
Councilman Lacavo felt the donation by Mrs. Russ was a gracious offer but that
the Council should decline it and instead urge community organizations to organize
a communitv fireworks demonstration.
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City Council Minutes
August 10, 1981
It was moved by Councilman Lacayo and seconded by Mayor Mullen that the Council
transmit their appreciation to Mrs. Russ, refund her check, and solicit the
participation of community organizations to promote a cormnunity fireworks demon-
stration.
Mayor Mullen stated he felt a ban of safe and sane fireworks would cause a prolif-
eration in illegal fireworks such as bottle rockets. He stated a one-city ban
would not be effective but that he supported a total county-wide or state-wide ban.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, reported that a person was severely
injured this last fourth of July by fireworks which were considered safe and sane.
He felt fireworks designated as safe and sane, which have the potential for being
airborne, should be eliminated from the safe and sane category. Mr. Hardcastle
felt there was greater support at this time for a county-wide ban. He suggested
that the Council adopt a resolution and transmit it to State Legislators asking
them to investigate the fireworks problem and to delete fireworks which have the
potential of flying from the safe and sane list. Mr. Hardcastle also suggested
that the City reapproach the Orange County League and request that they reconsider
a county-wide fireworks ban.
Councilmembers Lacayo and Mullen moved to amend the motion to request staff to
draft a resolution for the next Council meeting to be transmitted to the State
Legislators urging them to impose a state-wide or a county-wide prohibition of
fireworks, or review the category of safe and sane fireworks and eliminate those
from the list which have the potential to be airborne.
Mr. Hardcastle stated that the fireworks which hurt dogs' ears are Piccolo Petes.
The motion, as amended, unanimously carried by the following roll call vote:
AYES: 3 COUNCILM~MBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONTINUATION OF CONSIDERATION OF DISCUSSION AT THE JOINT MEETING WITH THE RECREA-
TION & CO~MUNITY SERVICES COI~ISSION: The Asst. City Manager presented a report
dated August 4 indicating this item was requested to be placed on the agenda by
Councilman Lacayo at the July 27 meeting. The three matters which he requested
be placed on the agenda for the joint m~eting were: (1) problems created for non-
league park users during baseball tournaments and consideration of a policy of
fencing off areas within public parks; (2) Recreation and Parks policy relative
to parking of commercial vehicles on park property; and (3) consideration of
opening/closing recreational facilities, i.e., restrooms.
Councilman Lacayo also requested that consideration of a recreational use program
for the Oxford School site be placed on the agenda for the joint meeting.
The Council agreed to schedule the joint meeting for Monday, August 31, at 6:30
p.m. at the Cypress Community Center.
CONSIDERATION OF SISTER CITY PROGRAM: The Asst. City Manager presented a report
dated August 5 which transmitted a resolution to establish a sister clty affilia-
tion with the City of Noda, Japan, which the Council had requested at the July 27
meeting.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to adopt the
Resolution by title only, title as follows:
RESOLUTION NO. 2423
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A SISTER CITY AFFILIATION WITH THE CITY OF
NODA, JAPAN.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: LacayO, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
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City Council Minutes
August 10, 1981
CONSIDERATION OF CONTRACT CHANGE ORDER NO. 1 FOR PiFMP STATION REPAIRS, REQUEST FOR
O~TATION #8081-41: The Asst. City Manager presented a report from the Public Works
Director dated July 31 describing the change order for the repairs to the No. 1
pump station on Myra, east of Moody. Staff reported that after removal of the
pump motors, and during testing, staff observed that there was considerable vibra-
tion in the shaft and that there were worn bearings. The bearing repairs would
require bringing in a larger crane to completely pull the pump assembly to remove
the shaft and Edison wires. The amount of the change order, submitted by Long
Beach Pump and Maintenance, to cover time, equipment and material is not to exceed
$10,000.00.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve Con%ract
Change Order No. 1 in the amount of $10,000.00, and appropriate funds to Account
#10-4161-218.07. The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF COI~4IPNICATION REQUESTING DESIGNATION OF UNITED NATIONS DAY CHAIR-
MAN: The Asst. City Manager presented a report dated August 5 indicating that the
Mayor had received a communication from the National Chairman of the 1981 United
Nations Day Committee who requested the appointment of a citizen to serve as the
local UN Day Chairman. The Mayor had requested this item on the agenda for Council
consideration.
It was moved by Councilman Lacayo and seconded by Mayor Mullen that the Mayor be
authorized to make the appointment of a citizen to serve as the local United
Nations Day Chairman. The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: LacayO, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AFFORDABLE RENTAL HOUSING BALLOT ISSUE - SENIOR CITIZENS HOUSING:
The Asst. City Manager presented a report dated August 5 indicating that the Council,
at its August 4 joint meeting with the Senior Citizens Commission, had discussed
the possibility of removing the measure addressing senior citizen housing from the
November 3 ballot. Transmitted was a resolution which would provide for the
deletion of the ballot measure.
Councilman Lacayo asked the City Attorney to define whether the City can enter a
joint venture using public or other agency funds without the permission of City
voters. The City Attorney indicated that the question was to what extent the City
can be actively involved in the promotion of a housing project in which more than
49% would be for low income residents, whether they be senior citizens, handicapped
or other iow income families. Article 34 of the State Constitution provides that
no public agency can develop, construct or acquire a low rent housing project--one
in which more than 49% of the units are reserved for low income persons--without
voter approval. The City Attorney reported he felt that an Article 34 referendum
would not be required if the City were to sell its land to a private, non-profit
corporation which would construct, develop or acquire the low rent housing project.
However, the alternate proposal for which the seniors had previously expressed a
preference where the City (or Redevelopment Agency) would enter into a long-term
ground lease with the private, non-profit corporation for development of a low
rent housing project would require the Article 34 referendum. The City Attorney
suggested that the Council may wish to keep the seniors housing measure on the
ballot because it would provide the City with much greater flexibility in providing
aasistance to the seniors. For example, the referendum would allow the City to
provide a bond issue which would provide long-term financing for development of
the seniors rental project. In response to questions from the Council, the City
Attorney further reported that the Article 34 referendum as proposed in the broader
ballot measure was not required by the State but had been suggested by the State
Honaing & Community Development Department as a visible indication of the City's
willingness to pursue programs that will provide housing opportunities ~or all
~conom~c ~agments of the community. This would satisfy the Cityts Housing Element
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City Council Minotes
August 10, 1981
requirements. The City Attorney indicated that the selling price of the City's
land could be determined at the Council's discretion, however, sale at less than
fair market value should include adoption of a resolution setting forth the
Council's findings.
Mrs. Grace Lachina, 5821 Wellson Drive, Cypress, felt the Article 34 referendum
applied only to funds obtained from the state and indicated the seniors group was
applying for federal HUD block grant funds. She reported that the last date they
can apply for funds is September 25. She stated she hoped the Council would not
delay until that time in granting them site control. Mrs. Lachina stated she did
not see the need for the Article 34 referendum. She stated she had a petition
containing 600 signatures of persons who support low rent seniors housing in Cypress.
The Council and staff described the benefits of the Article 34 referendum in that,
if it passed, and the seniors were unsuccessful in obtaining the federal funds, the
referendum would allow the City to proceed with its own bond issue to provide
funding for the construction and permanent £inancing for the seniors housing
proiect. If the referendum were defeated, the seniors would be restricted to the
sale of Citv land to enable their non-profit group to proceed with the housing
project, with no further City assistance.
Mr. Morris Spatz, 4508 Larwin, Cypress, read from the Housing Directory which
describes the availability of state and federal funds, methods to apply, and
eligibility requirements. He stated the seniors would need site control to apply
for Section 202 federal funds which provide long-term direct loans to private
non-profit sponsors to finance rental or cooperative housing for the elderly and
handicapped persons. He stated the City would be eligible for Section 701 grants
for comprehensive planning assistance. Mr. Spatz indicated he supported the
seniors' current application which could provide funds by next year to construct
the 100 rental units. He felt that 5f their application is unsuccessful, the
seniors housing measure could be placed on the ballot for the next April election.
Councilmembers Lacayo and Mullen stated they supported the seniors housing project
on the property east of the Civic Center and Councilman Lacayo stated he would
support the seniors' request to remove the measure from the ballot.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to adopt the
following Resolution by title only, title as follows, removing the two housing
measures from the November 3 ballot:
RESOLUTION NO. 2424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION NO. 2414, CALLING AND GIVING NOTICE
OF THE HOLDING OF A SPECIAL MIJNICIPAL ELECTION TO BE HELD
IN SAID CITY ON TUESDAY, THE 3RD DAY OF NOVEMBER 1981.
Mr. Francis Boykin, 5917 Noumea, Cypress, asked for clarification as to which
measures would be removed from the ballot. Mayor Mullen read the following
two measures which were proposed to be removed:
(1)
Shall the City of Cypress, through its appropriate agencies or private
developers, develop, construct or acquire housing for rental for the
t~lderly, the handicapped, and households of low income, not to exceed
100 dwelling units?
(2)
Shall the City of Cypress, through its appropriate agencies or private
(tevelopers, develop, construct or acquire housing for rental for
elderly persons of low income, not to exceed 100 dwelling units?
The motion unanimously carried by the following roi1 call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
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City Council Minutes
August 10, 1981
CONSIDERATION OF SENIOR CITIZENS HOUSING: The Asst. City Manager presented a
report dated August 7 which responded to six questions asked by the Senior
Citizens Commission at their joint meeting with the Council held on August 4
which related to their senior citizens housing proposal. Mr. Davenport read the
list of questions and answers.
Mr. Morris Spatz, 4508 Larwin, Cypress, read from the housing directory and
indicated that federal revenue sharing funds would be available to the City for
the seniors housing project. He also indicated that federal and state monies
were available to pay the cost for relocating persons whose homes are displaced,
and the relocation would not be a cost to the City.
Mrs. Grace Lachina, 5821 Wellson Drive, Cypress, reported that the Affordable
Development Corporation is reviving their seniors housing project which was
previously supported by the City Council last February. She reported they were
now requesting firm commitments from the Council on the following three items:
(1) that the Council consolidate as many parcels of land as they see fit and
make three acres available for senior rental housing so that the Affordable
Development Corporation will have site control; (2) that the Council commit the
7th and 8th year block grant money, approximately $300,000~ toward the project;
and (3) that the Council give a full commitment on the joint venture with the
Affordable Development Corporation as to regulatory requirements including master
planning, streets, use permits and whatever else is involved for completion of
their project. Mrs. Lachina stated that the consolidation of parcels must be
accomplished before September 25, 1981, since that was their deadline to apply
for funds~
It was moved by Conncilman Lacayo and seconded by Mayor Mnllen that the City
Council support the three-point request of the Affordable Development Corpora-
tion. Councilman Lacayo stated the intent of the motion is to express the
Council's support and commitment to proceed with the project and not to appro-
priate funds at this time. He requested that the City Attorney respond with a
report for the next Council meeting ontHning the necessary steps and time
requirements to proceed with the joint venture.
Mrs. Lachina requested that the Council allocate the City's Housing & Community
Development block grant funds to enable their group to obtain site control of
the subject property.
Thc Council held lengthy discussion with the City Attorney on the motion. The
City Attorney reported that the City would be unab]e to acquire parcels through
eminent domain within the six week time limitation and that the City's acquisi-
tion ef parcels would first require that appraisals be made of the parcels.
He indicated that the September deadline was a tight schedule for the City to
acquire any parcels. He stated the City should bave the funds available when
it wlsbes to psrchase the property.
Councilman Lacayo indicated the intent of the motion was that the Council proceed
in the same direction as when they previously agreed to commit City property for
the seniors housing project which would provide the seniors with the site control
they needed to apply for funding. He stated that if the seniors are successful
in obtaining the funds, the Council can then determine M~at further actions are
necessary to proceed w~th the project and can commlt staff support and assistance.
The City Attorney reco~nended that the Council define the area in which they
would nttempt to consolidate the parcels. He suggested that the Council direct
the staff to commission the appraisals to enable the Council to make purchase
offers for the property and get the owners' responses before the September dead-
llne.
Councilman Lacayo withdrew the previous motion and Mayor Mullen withdrew the
second,
It was moved by Councilman Lacayo and seconded by Mayor Mullen that the Council
identify the area bounded by the library, Orange Avenue, Walker Street and the
newest single-family residential development to the north as the area in which
they wish to get site control of three acres including the City property in the
three acres, request that staff meet with representatives of the Affordable
Development Corporation to determine under what conditions the project will
proceed and, if necessary, direct staff to obtain appraisals of the subject
property.
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City Council Minutes
August 10, 1981
Councl]ma~ Rowan recommended that the Council identify the parcels which need
appraisals. He recommended that appraisals be made of Parcels #2, 3, 4, 8, 9,
24 and 26. He stated he supported the staff development alternative presented
tonight since it made good planning sense to him.
Mrs. Lacbina stated the staff's development alternative was presented last
February as one of several proposals and the seniors had no objection to this plan.
Conncilma~ Laca¥o recommended that the meeting between staff and the ADC repre-
sentative~ be held as soon as possible to determine if property appraisals are
necessary. He snggested that the Council could hold a special meeting to appro-
priate rux~ds to have the appraisals made. The Council held further discussion
on the motion.
Mr. Spatz stated the Housing & Community Development fnnds could be used to pay
for re]oc~ltion of persons in the Civic Center area and that Revenue Si~aring funds
would also be available to the City for the seniors housing project. Mayor Mullen
stated tho motion included a direction to staff to identify funding sources.
Mr. Francis Boykin, 5917 Noumea, Cypress, suggested that the Council consider the
sale el olber City parcels to purchase those needed for the project in the Civic
M~. Joe Hardcast]c, 4588 Blanca Drive, Cypr(ss, stated the Solidarity Party in
Poland is demanding that their government solve the food problem which the
governmen~ created. He felt the senior citizens were in the same position by
requesting government to solve the housing problem which it created.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
It was moved by Councilman hacayo and seconded by Mayor M~llen to direct staff
to prepare a resolution of commendation for the Senior Citizens Club's tenth
anniversary. The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacavo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1COUNCILMEMBERS: Coronado
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Mayor
Mallen a~nJ seconded by Councilman Lacayo to approve the Warrant List for Warrants
#59221 through #59365 in the total amoont of $340,785.12. The motion unanimonsly
carried by the following roil call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COM>IERCIAL WARRANT LIST:
Acting as the ex officio Board of Directors of the Cypress Recreation & Park
District, it was moved by Mayor Mullen and seconded by Councilman Lacayo to
approve tbe District Warrant List for Warrants #13368 throngh #13442 in the
total amount of $41,284.00. The motiom unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEMBERS: LacayO, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
The City Attorney transmitted drafts of the impartial analyses of the November 3
ballot measures and reqnested the Council's comments on the analyses.
City Council Minutes
August 10, 1981
EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 10:37 p.m. to
discuss matters of litigation. The meeting was called back to order at 10:55 p.m.
with Councilman Coronado absent.
ORAL COMMUNICATIONS: Mayor Mullen asked if anyone wished to speak at this time.
Councilman Rowan asked that staff investigate a problem with the traffic signal
on Valley View Street caused by a short green cycle for southbound traffic.
He stated the problem is intermittent.
ADJOURNMENT: Mayor Mullen adjourned the meeting at 11:00 p,m.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CI--~Y~ CLEPJ< OF ~H~ C~TY OF CYPRESS
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