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Minutes 81-11-23MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 23, 1981 The regular meeting of the Cypress City Council was celled to order at 6:30 p.m. on Monday, November 23, 1981, in the Cypress City Council Chambers, 5275 Oran~.e Avenue, Cypress, California, Mayor Gerald Mullah presiding. PRESENT: ABSENT: Councilmembers Coronado, Lacayo, Row~m and Mullah None Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following City staff members: Barrett, DeCarlo, Lamm, Robertson and Schat zeder. PLEDGE OF ALLEGIANCE: Mr. Murphy led the pledge to the flag. PRESENTATIONS: Mayor Mullah introduced Miss Lori Smith, a Cyprese resident, who was crowned Miss Cypress at the Miss Cypress Pageant held on November 21. Mayor Mullen read a proclamation designating the week of December 7-17, ~ 981, as "Lungs for Life Week" in the City of Cypress and presented the proclamation to Dr. ]Paul Eng]e of the American Lung Association. ORAL COMMUNICATIONS: Mr. Don Dombrowski, 5033 Evergreen, Cypress, stated he was present to answer any questions relating to the Cypress Little League's proposal for the baseball diamond at Oxford School (Item ~30 on the agenda). CONSIDERATION OF A RESOLUTION DECLARING THE RESULTS OF THE SPECIAl, MUNICIPAL ELECTION HELD ON NOVEMBER 3~ 1981 AND INSTALLATION OF THE NEWLY ELECTED COUNCIL MEMBER: The City Manager presented a report dated November 18 which transmitted the resolution declaring the results of the November 3 election. It was moved by Mayor Mullen and seconded by Councilman Lacayo to adopt the Resolution by title only, title as follows: RESOLUTION NO. 2456 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE COUNTYWIDE GENERAL DISTRICT ELECTION HELD IN SAID CITY OF CYPRESS ON THE 3RD DAY OF NOVEMBER 1981, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. The motion carried by the following roi1 call vote: AYES: 3 COUNCILMEMBERS: Coronado, Lacayo &Mullen NOES: 1 COUNCILMEMBERS: Rowan ABSENT: 0 COUNCILMEMBERS: None In accordance with Section 7 of the above Resolution #Z456, the following is a statement of the results of said election: 1. The whole number of votes cast in the City was 3,857. The names of the persons voted for at said election for member of the City Council of said City are as follows: Joe D. Hardcastle Ern Wiley Richard Partin Francis R. Boykin Jim Corey City Council Minutes November 23, 1981 The measures voted upon at said election are as follows: Proposition B Proposition C Proposition D Proposition E Proposition F Proposition G The number of votes given at each precinct and the number of votes given in the City to each of such persons above named for the office of member of the City Council, and for and against each Measure, are as follows: -2- City Council Minutes November Z3, 1981 Elected as member of the City Council to fill the unexpired term of Councilwoman Vickie Evans was: Richard Partin 1,515 votes As a result of said election, a majority of the qualified voters voting on said Proposition B did not vote in favor thereof, and said proposition was not carried, and shall not be deemed adopted and ratified. As a result of said election, a majority of the qualified voters voting on said Proposition C did not vote in favor thereof, and said proposition was not carried, and shall not be deemed adopted and ratified. As a result of said election, a majority of the qualified voters voting on said Proposition D did vote in favor thereof, and said proposition was carried, and shall be deemed adopted and ratified. As a result of said election, a majority of the qualified voters voting on said Proposition E did not vote in favor thereof, and said proposition was not carried, and shall not be deemed adopted and ratified. As a result of said election, a majority of the qualified voters voting on said Proposition F did not vote in favor thereof, and said proposition was not carried, and shall not be deemed adopted and ratified. As a result of said election, a majority of the qualified voters voting on said Proposition G did not vote in favor thereof, and said proposition was not carried, and shall not be deemed adopted and ratified. ADMINISTRATION OF LOYALTY OATH TO NE'~rLY ELECTED COUNC1LMEMBER RICHARD PARTIN: The City Clerk administered the Oath of Office to Mr. Richard Partin and presented him with the Certificate of Election. Councilman Partin took his seat at the podium. Councilman Coronado suggested sending a request to the County Registrar of Voters to remove the mobilehome park location as a polling place, in order to avoid any controversy in future elections. It was moved by Councilman Coronado and seconded by Councilman Rowan to direct staff to transmit a letter to the Registrar of Voters requesting that the mobilehome park be removed as a polling place. The Councilmembers held discussion on the motion. Mayor Mullen interrupted the discussion in order to introduce Congressman Jerry M. Patterson who was in the audience. Congressman Patterson read a statement which he had entered into the Congressional Record of October 28, 1981, in which he invited his colleagues to join in congratulating the City of Cypress on its ZSth anniversary. Congressman Patterson stated a framed copy would be presented to the City. At this time, Mayor Mullen opened the public hearings on the agenda and continued them until later. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, recommended that an alternate location to the mobi]ehome park be designated as a polling place in that district which would be easy to identify and find by voters and where ample parking space is available. Following further discussion of the motion concerning removal of the mobilehome park as a polling place, the motion failed, to carry by the following roll call vote: AYES: NOES: At'SENT: z COUNCILMEMBERS: Coronado & Rowan 3 COUNCILMEMBERS: Lacayo, Partin & Mullen 0 COUNCILMEMBERS: None -3- City Council Minutes November 23, 1981 Councilman Lacayo stated for the record that his no vote was not out of consideration for the convenience or inconvenience of the voters but because of the untimely manner in which this subject had been brought up, splashed before the media, and had marred a big victory of the new Councilmember. He stated that when the investigation matter is settled he intended to look into the appropriateness of this and other polling places in the City to ensure that the polling places are ones that can be easily found by the voters. Councilman Partin made a statement indicating he had entered the Council race with good intentions and was anxious to get on with the business of the City. He stated it was an honor and privilege to be elected to the Council with the vote of confidence from the voters and that he intended to pursue his Council tasks with the same dedication and honesty that he has given to his other community activities. Councilman Partin introduced his wife, Dani, and their twins Dobi and Dick, and thanked them for their support and help in the election. He also thanked his volunteer election workers who came from all walks of life and the citizens for turning out at the polls and showing their broad support. Mayor Mullen requested that staff place the ballot measure items on the next regular agenda. MINUTES: It was moved by Councilman Coronado, seconded by Mayor Mullah and carried, with Councilman Partin abstaining, to approve the minutes of November 5. It was moved by Mayor Mullen, seconded by Councilman Coronado and carried, with Councilman Lacayo abstaining, to approve the minutes of November 9. STAFF i~EPORTS & DISCUSSION: At the City Manager's request, Mayor Mullah added Item ~13a to the Consent Calendar regarding a resolution of commendation for Ea[~le Scout Darren $ohnson, and added an Executive Session for matters of personnel. EXECUTIVE SESSION: Mayor Mullah called an Executive Session at 7:$0 p.m. for matters of personnel. The meeting was called hack to order at 8:10 p.m. with all Councilmen present. PUBLIC HEARING RE.' APPLICATION FOR SPECIAL PEP,MIT - MS. MARIE RArNWATER: DBA RAINWATER WINDOW WASHING: 1044Z VERNON COURT: CYPRESS: Mayor Mullah opened the public hearing. The City Manager presented a report dated November 17 describing the application to allow door-to-door solicitation for window washinl~ services. No written communications for or against the application were received. Mayor Mulish asked if the applicant wished to speak or if anyone wished to speak in support or in opposition to the application. The applicant was not present and no one else wished to speak. It was moved by Councilman Lacayo and seconded by Councilman Coronado to close the public hearing and approve the special permit for Ms. Marie Rainwater, DBA Rainwater Window Washing, subject to the condition that solicitation shall be limited to the hours of 9 a.m. to 6 p,m. (daylight hours only) Monday through Saturday. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENTs 5 COUNCILMEMBERS~ Coronado, Lacayo, Partin, Rowan & Mullah 0 COUNCILMEMBERS, None 0 COUNCILMEMBERS: None PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MS, I~ARIANNE CLARK~ DBA NEW TO YOU: 4015 ORANGI~ AVENUE~ CYPRESS~ M~7o~ ~ullen opened th~ public h~ing, The City Manage~ p~s~nt~d t ~po~t dated Nov~mbe~ 16 d~sc~tbin~ th~ ~pplication to allow the conduct of a secondhand ~st~ss d~lt~ with th~ sal~ o[ factory [law~d o~ sit.fly used women's and children's clothing, No written comm~ic~ttons ~ltc~tton w~r~ =eceived. ~ Pl~tn~ Dep~tm~nt ~eco~m~ded a~ov~l. Ms. Mal'ianne Cl~k, 4433 Rutgers, Long Beach, the ~pplie~t, !~eported ~he will tigi~ Me~,ehandise that is not sold. will be returned to the owne~ or d~nated to ehartty, Ms. Cl~k stated her lease contains restrictions relating to signing. She indicated she was unaware of any state or county health regulations pertaining to the sale of used clothing but stated the clothing must be freshly laundered before she will accept it. Mayor Mullen asked if anyone wished to speak in support or in opposition to the application. No one wished to speak in support or in opposition. -4- City Council Minutes November 23, 1981 It was moved by Councilman Lacayo and seconded by Councilman Coronado to close the public hearing and approve the special permit for Ms. Marianne Clark, DBA New to You, subject to the condition that any plans for future signs for the site must be submitted to, and approval received from, the Planning Department prior to installation, and the condition that the apparel must be dry cleaned or laundered before being offered for sale. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNC]LMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None PUBLIC HEARING RE: CONDITIONAL USE PERMIT %81-31 - MAGIC FINGERS MASSAGE) 6336 LINCOLN AVENUE) CYPRESS: Mayor Mullen opened the public hearing. The Community Development Director presented e report dated November describing the application to establish a physical and therapeutic massage parlor on the south side of Lincoln Avenue between Valley View and Holder Street. Mr. William Runneals, 414 Hillcrest, Placentia, the applicant, stated the therapeutic massage they propose can help persons with health problems, such as diabetes, to engage in activities which might otherwise be restricted to them. The services will be available to men and women. Mr. Runneals stated their other business in Anaheim is open from 10 a.m. to ~ 1 p.m. daily. He indicated that evening hours are convenient for persons who work during the day. Ms. Tu Thi Nguyen, 1021 Fowler Circle, Westminster, the applicant, stated they would like to be open seven days a week. She reported she has operated the Anaheim business for two years. Mr. Runneals answered questions regarding the floor plan, He reported he is working to obtain a license as a technician. He stated six therapy rooms are proposed which could accommodate up to six clients at a time. Mr. Rurmeals stated their technique is an Oriental type which involves deep muscle massage. The applicants indicated they proposed two work shifts: from 9 a.m. to 5 p.m. and $ p.m. to midnight. Mayor Mullen expressed his concern regarding the availability of parking and the City's lack of control if the business were to change hands due to the fact that the conditional use permit would run with the land. Councilman Lacayo expressed concern regardinl~ the extent of the proposed business hours. It was moved by Mayor Mullen and seconded by Councilm~n Laca7o to close the public hearing and adopt the Resolution by title only, title as followsl RESOLUTION NO. A RESOLUTION OF THE CITY COUNCI~ OF THE CITY OF CYPRESS DENYING CONDITIONAL USE PERMIT NO. 81-31. The motion ca,tied by the followinl~ roll call AYES~ NOESs AISSI~NT~ 4 COUNCI~MEMBERS~ Coronado, Lacayo, P~ttn & Mullon ! COUNCILMEMB]~RS~ Rowan 0 COUNCILMEMB~,RS! Nono PUBLIC I-II~ARINO R]~ CONDITIONAL USI[ PI~ItMIT ~8~-3Z - ON 8~ ~AL~ B~R & h~in~. M~. L~mm ~esent~d ~ ~po~t d~t~d Novemb~ )6 which d~c~ib~d th~ ~ltc~tto~ b~v~e~, St~ff ~e~mmend~d ~pp~ewl ~bJect to ~l~ eondttto~, Mt~yor Mullen asked if anyone wished to apeak ir~ support to speak in support or in opposition. -5- City Council Minutes November 23, 1981 It was moved by Councilman Lacayo and seconded by Mayor Mu]lea to close the public hearing and adopt the Resolution by title only, title as follows, approving Conditional Use Permit ~81-3Z subject to the conditions recommended by staff: RESOLUTION NO. 2458 A RESOLUTION OF THE CITY COUNCIL OF TI4E CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 81-3Z - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBER S: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None PUBLIC HEARING RE: CONDITIONAL USE PERMIT ~81-33 - LIQUOR STORE; OFF SALE OF GENERAL ALCOHOLIC BEVERAGESI 9173-9175 VALLEY ¥1~w STREET; CYPRESS: The Mayor opened the public hearing. Mr. Lamm summarized a report dated November 13 describing the application to establish a retail liquor store which will allow the off-sale of alcoholic beverages (general liquor license) in the Lakeshore Plaza Shopping Center. No written communications for or against the application were received and staff recommended approval subject to two conditions. Mr. Timoleon Lifos, 646? Sombrero, Cypress, reported he has been in the business for 16 years and that he will operate the store with his wife. Mayor Mullen asked if anyone wished to speak in support or in opposition to the application. No one wished to speak in support or in opposition. Mr. Chip Cuthbert, representing the Robert P. Warmington Company, property owner, responded to a question from Councilman Coronado concerning · ft~e in the Lake{Bore Plaza and reported that a fire had occurred in one building due to a short in the box sign, Mayor Mullen felt the business should not be discriminated a~ainst with regard to the ban on video games (condition #2). The City Attorney indicated that the City's moratorium ordinance would p~ohibit the development of an a~cade consisting of more than two machines, but one or two video games on the premises would be allowable. It was moved by Mayor Mullan and seconded by Councilman Lacayo to close the public hea~tng and adopt the Resolution by title only, title as follows, approvin~ Conditional Use Permit #81-33 subject to Condition #1 stating that the applicant shall satisfy all nece#a~y requirements of the State Department of Alcoholic Beve~a{~e Control p~{o~ to the conditional use permit becoming effective, and with the deletion of Condition #ih RESOLUTION NO. Z4,q9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE P~RMIT NO. 81-1t3 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote{ AYES{ NOES{ ABSENT{ S COUNCILMEMBERS~ Coronado, L&cayo, Par{in, Rowan & Mull~n 0 COUNCI~MEMEERS! Non~ 0 COUNCILMI~M~EI~S{ Non~ PUBLIC HEAItlNO REt PARCEL MAP #81=1141~ CYPRESS CORPORAT]~ (BOUTII SIDE OF KAT~LLA B~TWE~N VAlLeY ~w & ~OLDE~ ~T~T}I M~yo~ MuII~ op~n~d th~ public h~inK, M~, L~mm p~s~nt~d · ~o~t dlt~d Nov~mb~ 11 which d~s~ib~d t~ p~p~d ~ubdivis{~ o{ ~ 70-~cr~ p~c~l into w~st~ly ~O-ac~ p~c~l is included tn the p~in~ d~wlo~m~ut ~ubdivid~d to lllow C~.s ~i~ to n~Kotiit~ with =6- City Council Minutes November 23, 1981 Plan. Mr. Lamm reported that the conditions, as originally drafted, attempted to bond and guarantee that aH improvements on the property be instal]ed, which would create a substantial cost to the developer. Staff felt that letters of credit and conditions on future development, in lieu of a cash deposit, would adequately ensure future improvements and also free the developer's funds for curb and gutter improvements on Katel]a at the present time. Therefore, the conditions of approval had been revised. Mr. Lamm also reported there was a change in street alignments since the prospective single user of the easterly 28-acre parcel did not wish to have a through street on the parcel. Mr. Richard Meyer, representing Cypress Land Company, Z630 E1 Presidio, Long Beach, stated they agree with staff's report and the conditions. Mr. Meyer reported that Cypress Land is in the process of reviewing the development agreement which contained substantial revisions made by the City staff. He stated the agreement must be signed before building permits will be issued to Cypress Land. Mayor Mullen asked if anyone wished to speak in support or in opposition to the parcel map. No one else wished to speak. It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2460 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL MAP NO. 81-1141 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None CONSIDERATION OF AWARD OF CONTRACT FOR TWO SELF-PROPELLED TRACTOR LAWNMOWERS~ REOUEST FOR QUOTATION ~818Z-Z3: The City Manager presented a report from the Finance Director dated November 13 which outlined three bids received. It was moved by Mayor Mullen and seconded by Councilman Lacayo to accept the bid of C. R. Jaeschke, Inc., 89Z3 Complex Drive, San Diego, as the lowest responsible bidder and award them the contract in the amount of $9,358.54. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT TO REUPHOLSTER MODULAR FURNITURE AT THE COMMUNITY CENTER~ REOUEST FOR QUOTATION ~8182-Z5: The City Manager presented a report dated November 16 from the Finance Director which outlined three bids received. It was moved by Mayor Mullen and seconded by Councilman Lacayo to accept the bid of Town & Country Upholstering Company, 6292 Lincoln Avenue, Cypress, as the lowest responsible bidder and award them the contract in the amount of $2,560,00, The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSENT CALENDAR: Mayor Mullen 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. -7- City Council Minutes November 23, 1981 It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve Items ~4 through {14 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBEI~ S: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None Item {4: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item ~5: Consideration of an Application for an Original Alcoholic Beverage License Filed by Andrew Burpee, DBA Cypress Racquetball & Health Center, 6269 Ball Road, Cypress. Recommendation: That the City Council receive and file this application contingent upon the future approval or disapproval of a conditional use permit. Item #6: Consideration of an Application for an Original Alcoholic Beverage License Fi]ed by Dennis Demascio for a Liquor Store at 6153-55 BaH Road, Cypress. Recommendation: That the City Council receive and file this application contingent upon the City Council's action of approving or disapproving the conditional use permit. Item ~7: Consideration of Proclaiming D~cember 7-] 1, 198l, as Lungs for Life Week. Recommendation: That the Mayor and City Council officially proclaim the week of December 7-1], 1981, as "Lungs for Life Week" in the City of Cypress as requested. Item ~8: Consideration of Request for an Exemption from a Special Permit for Youth Camps of America, Inc. Recommendation: That the City Council grant the request of the Youth Camps of America, Inc. for door-to-door solicitation on a determination in accordance with Section ]5-57 A(1)(b) of the Cypress City Code, subject to the condition that all persons associated with the solicitation program register with the Cypress Pollce Department and that solicitation be limited to Monday - Saturday during the hours of 9 a.m. to 6 p.m. (daylight hours only), from November 25, ]981 through November 24, ]982. Item #9: Consideration of Proclaiming the Week of November ZZ, 198~, as Family Week. Recommendation: That the Mayor and City Council officially proclaim the week of November ZZ, 1981, as "Family Week" in the City of Cypress. Item #10: Consideration of Update Concerning Senior Citizen Housing. Recommendation: Receive and file. Item ~11: Consideration of Agreement with the Orange County Human Services Agency for Health Services. Recommendation: That the City Council approve the agreement with Orange County for health services and authorize the Mayor to sign and the City Clerk to attest the agreement. Item ~IZ: Consideration of Report on Investigation of Alleged Election Violations. Recommendation: ]~eceive an(] file. Item ~13: Consideration of Appointment of City's Representative to the Orange County Health Planning Council. Recommendation: That the City Council confirm the appointment of Mrs. Carol DuPont as the City's representative to the Orange County Health Planning Council. Item ~13a: Consideration of lqesolution of Commendation for Boy Scout Darren Johnson. -8- City Council Minutes November 23, 1981 Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2461 A t~ESOLUTION OF THE CITY COUNCIl OF THE CITY OF CYPRESS COMMENDING BOY SCOUT DARREN JOHNSON ON ACHIEVING THE RANK OF EAGLE SCOUT. Item ~14: Consideration of Transfer of Funds to Youth Commission Program. Recommendation: That the Cypress City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, transfer $147 from the General Fund balance to the Youth Commission program. CONTINUATION OF CONSIDERATION OF STAFF REPORT ON COUNCIlMAN CORONADO'S BUDGET RECOMMENDATIONS: The City Manager presented a report dated November 18 indicating this matter was continued from the November 9 Council meeting. Mayor Mullen stated he would like to review each of Councilman Coronado's budget recommendations which were outlined in a staff report dated October 15 along with staff's responses. In regard to the police vehicles recommendation, Mayor Mullen stated the Council had continued this item to the mid-year budget review work session. Councilman Coronado stated his position on his recommendations had not changed and that he would comment on the recommendations and staff responses following the Council's discussion of the items. Mayor Mullen introduced each of the budget recommendations and made brief comments, which was followed by Council action on each of the recommendations. It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the original budget allocation for Program 117-Community Promotion. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lacayo, Pm'tin, Rowan & Mullen 1 COUNCILMEMBEi~S: Coronado 0 COUNCILMEMBERS: None It was moved by Mayor Mutlen and seconded by Councilman Lacayo to approve the original budget allocation for Program Zig-Street Maintenance. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen 1 COUNCIIMEMBERS: Coronado 0 COUNCIIMEMBERS: None It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve the original budget allocations for Program 107-Senior Citizens Commission and Program 108-Youth Commission, The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen 1 COUNCILMEMBERS: Coronado 0 COUNCILMEMBERS: None It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the original budget allocation for Program 114-Team Management. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIIMEMBERS: Lacayo, Partin, Rowan & Mullen 1 COUNCILMEMBEI~S: Coronado 0 COUNCIIMEMBERS: None -9- City Council Minutes November 23, 1981 It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the original budget allocation for Program ll8-Records Management. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCI~MEMBERS: Lacayo, Partin, Rowan &Mullen 1 COUNCILMEMBERS: Coronado 0 COUNCILMEMBERS: None It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the original budget allocation for Program 165-Police Investigations. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lacayo, Partin, Rowan &Mullen 1 COUNCILMEMBERS: Coronado 0 COUNCILMEMBERS: None It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the original budget allocation for Program ! 67-Police Training. The motion carried by the following ~eH call vote: AYES: 4 COUNCILMEMBERS: Lacayo, Pa~tin, Rowan & Mullah NOES: 1 COUNCILMEMBERS: Coronado ABSENT: 0 COUNCH, MEMBERS: None It was moved by Mayor Mullah and seconded by Councilman Lacayo to approve the original budget allocation for Program 217-Parkway Maintenance. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBEI~S: Lacayo, Partin, Rowan & Mullan NOES: 1 COUNCILMEMBERS: Coronado ABSENT: 0 COUNCILMEMBERS: None Councilman Rowan questioned the Council's review of the individual budget recommendations and felt that the Council had continued them to the mid-year budget review session with the exception of critical items which required Council approval of expenditures prior to that time. Councilman Coronado stated he did not object to the Council's item by item review. Councilman Lacayo requested that staff prepare a report for the mid-year budget review which provides a total overview of the budget status. It was moved by Mayor Mullan and seconded by Councilman Lacayo that the Council consider the budget recommendations item by item and continue the recommendation regarding police vehicle replacement to the mid-year budget work sesgon. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNC1LMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Pa~tin, Rowan & Mullah None None It was moved by Mayor Mu,lien and seconded by Councilman Laca¥o to approve the oril~inal budlet allocation for Program 227-Perimeter Wall Upkeep. The motion ca~ied by th~ followin~ ~oll call vote~ AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lacayo, Parttn, Rowm~ & Mullah 1 COUNCILMEMBERS: Coronado 0 COUNCILMEMBERS~ None It was moved by Mayor Mullan and secondod by~ouneilman taeayo to approve the o~iltnel t~udlet allocations ~o~ P~oi~am. 228,230 & Z6S Park Facilities Maintenance, The motion c&~ted by the followin~ Toll ceil vote; ABS~NTI 4 COUNCI~MI~Mi~I/I~S: L~ce¥o, P~ttn, ~ow~n & Mull.n I COUNCILMI/MBI[I~$; Co~on~do 0 COUNC~,MF, MB~; None City Council Minutes November 23, ] 981 It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the original budget allocations for Program 3ZS-Recreation & Community Services Commission, Program 329-Youth Commission~ and Program 330-Seniur Citizens Commission. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen ] COUNCILMEMBERS: Coronado 0 COUNCILMEMBERS: None Councilman Rowan requested a report on the activities of the Youth Commission to date. Mayor Mullen recommended that a joint meeting with the Youth Commission be scheduled. It was moved by Mayor Mullen and seconded by Councilman Lacayo to request the City Manager to arrange a joint meeting with the Youth Commission at the earliest date. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Councilman Coronado spoke in support of his budget recommendations. He indicated his concern was not over the City's present financial status but over the City's economic future particularly in light of the financial problems faced by the state~ county and nation. Councilman Coronado presented a chart which displayed total City expenditure trends from 1968 to 1982. Mayor Mullen felt the chart should have separated operating and capital expenditure costs. Councilman Lacayo felt the Council's budgetary philosophies and recommendations should be discussed in a budget work session. Councilman Coronado stated the City budget had seen 200~ growth in three years. He felt the City was headed for disaster unless the Council begins better fiscal management. Hearing no objections, Mayor Mullen continued the following items until later: Item ~gZ, Continuation of Consideration of Appointment of Alternates to the Cypress Senior Citizens Commission, and Item ~23, Continuation of Consideration of Scheduling Interviews for Youth Commission Applicants. CONTINUATION OF CONSIDERATION OF THE APPEAL BY FELIX M. LOPEZ OF A ONE-DAY SUSPENSION: The City Council agreed to remove this item from the table. Mayor Mullen reviewed the actions of the Council at their October 26 meeting relative to this item. It was moved by Mayor Mullen and seconded By Councilman Lacavo that the matter of the reprimand be maintained in Mr. Lopez' personnel file and that th~ one-day suspension be overruled. Councilman Coronado moved a substitnte motion that the one-day suspension be upheld and that the record of this incident be removed from the employee's personnel file. The motion was not seconded. Councilman Rowan moved a substitute motion that the Council reaffirm the finding of the Hearing Officer regarding this matter. The motion was not seconded. The original motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Lacavo, Partin & Mullen 2 COUNCILMEMBERS: Coronado & Rowan 0 COUNCILMEMBERS: None It was moved by Councilman Lacayo and seconded by Mayor Mullen to request staff to prepare a report concerning a proposed policy and procedures for the purgSng of personnel records relating to City employee violations. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBEES: Coronado, Lacayo, Partin & Mullen 1 COUNCILMEMBERS: Rowan 0 COUNCILMEMBERS: None City Council Minutes November 23, 1981 Mayor Mullen took Item ~30 out of order for the benefit of persons in the audience. CONSIDERATION OF ALLOCATION OF FUNDS FOR THE OXFORD JR. HIGH SCHOOL FACILITY/PROGRAM COST: The Recreation & Park Director summarized a report dated November 16 indicating that the Recreation & Community Services Commission on November 10 approved the revised Cypress Little League proposal for the baseball diamond at Oxford and an appropriation of funds for the multi-purpose room/cultural center improvements. Staff recommended approval of the Little League proposal and that it be funded with Open Space Acquisition and Improvement Funds. The report outlined the proposed Oxford building use and estimated costs to maintain the facility for a one-year period. It was moved by Councilman Rowan and seconded by Councilman Coronado that the City Council, acting as the ex officio governing Board of Directors of tbs Cypress Recreation & Park District, appropriate a sum of $15,000 for the major baseball diamond development at Oxford ,Ir. High School from the Open Space Acquisition and Improvement Funds (Quimby Act); and appropriate $24,500 from the General Fund l~eserve for the multi- purpose room/theatre building area improvements and equipment needs as recommended by the Recreation & Community Services Commission. Mr. Don Dombrowski, 503~ Evergreen, Cypress, stated the Little League proposal would create no conflicts for Trt-Cities Soccer's use of the Oxford facilities. Mr. Dombrowskt recommended that the major youth groups be notified of the next vacancy on the Recreation & Community Services Commission . The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Ps, tin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None With regard to Item ~2~, Continuation of Consideration of Appointment of Alternates to the Cypress Senior Citizens Commission, and Item ~23, Continuation of Consideration of Scheduling Interviews for Youth Commission Applicants, the City Council a~reed to consider these two items on Thursday, December 3, at ?,00 p.m. tx the Administrative Conference I~oom. The Council also al{reed to conduct a Joint meeting with the Youth Commission on that date. CONSIDERATION OF COMMUNITY DEVELOPMENT DEPARTMENT POSITION TITLE CHANGEI The City Manager presented a report from the Community Development Director dated November 12 who recommended a reclassification of the Administrative Assistant/Community Development position back to an Associate Planner position. Star! indicated that their prior recruitment for tbs Administrative Assistant/Community Development position resulted in a lack of candidates meeting the City's needs. It was moved b~ Mayor Mullen and seconded by Councilman Parttn to approve the reclassification of the Administrative Assistant/Community Development position back to the Associate Planner position at a non-management annual sal~y of $1~,808. TB~ motion ~ant~ouslv ca~t~ by tb~ tollowtn~ ~oll call vote~ AYESI NOESt ABSENTt ~ COUNClLMEMBER~ 0 COUNCILMEMBER$~ 0 COUNCILMEMBI~R~ Coronado~ Lacayo, P~tin~ l~ow~ & Mullen None None CONSIDERATION OF INCR~AS~ IN CONTRACT FOR CONCRZT~ PUMPINOt Th~ Public Works Dtwct~ p~em~nt~d perfumed th~ work. City Council Minutes November Z3, 1981 It was moved by Councilman Coronado and seconded by Mayor Mullen to authorize payment in the amount of $3,687.$0 to National Concrete Cutting, Inc., 63 Beacon Place, Pasadena, California, pursuant to the invoice submitted. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBER S: 0 COUNCILMEMBER S: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None Mayor Mullen continued Item #27, Consideration of Police Department Organization, to the Executive Session. CONSIDERATION OF APPROVAl, OF COMMERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilman Coronado to approve the Warrant List for Warrants #70080 through #70g7.7 in the total amount of Sg8Z,409.48. The motion unarimously carried by the following roll call vote: AYES: NOES: ABSENT: q COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado~ Lacayo, Partin, Rowan & Mullen None None SECOND READING OF ORDINANCE RE: RESTRICTED USE OF CERTAIN STREETS - TRUCK ROUTES: It was moved bv Conncilman Lacayo and seconded by Councilman Coronado to order the following Ordinance read by title on]y, title as follows, and to adopt the Ordinance: (3RDINANCE NO. 684 AN ORDINANCE OF THE CITY COUNCIL OF TIYE CITY OF CYPRESS REPEALING SECTION 16-74{e) OF CHAPTER 16 OF THE CODE OF THE CITY OF CYPRESS~ CALIFORNIA~ AND ADDING SECTION 16-74(e) 'FO THE CODE OF THE CiTY OF CYPRESS~ CALIFORNIA, FOR RESTRICTED USE OF CERTAIN STREETS - TRUCK ROUTES. The motion carried bv the following roil call vote: AYES: NOES: ABSENT: ABSTAINING: 4 COUNCIl.MEMBERS: 0 COUNCILMEMBERS: 0 COUNC1LMEMBERS: 1 COUNCILMEMBERS: Coronado, Lacavo~ Rowan & Mul]en None None Partin CONSIDERATION OF ALLOCATION OF FUNDS FOR WILLOW PARK IMPROVEMENTS: The Recreation & Park Director vresented a report dated November I6 which indicated the Recreation & Community Services Commission at its November 10 meeting recommended an allocation of funds to reconstruct the Willow Park pond pumping facility. Staff indicated that the redesign and reconstruction will eliminate constant repair costs and interruptions in the operation of the pond. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Mayor Mullen and seconded by Councilman Coronado to accept the recommendation of the Recreation & Community Services Commission and appropriate $15,000 for reconstruction of the existing Willow Park pond pumping facility from the Open '~pace Acquisition and Improvement Ftmds (Ouimby Act). The motion tmanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNC1LMEbJBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCIl. MEMBERS: None 0 COUNCILMEI~BERS: None CONSIDERATION OF LIABILITY PROTECTION FOR DISTRICT/CITY FACILITY USERS: The Assistant to the CitvManager presented a report dated November 17 from the Recreation & Park Director whicb indicated that the Recreation & Community Services Commission on November l0 recommended that all District special events sponsors and facility lessees serving alcoholic beverages be offered participation in the OCCPMA Special Events Liability Insurance Program to meet the District/City mandatory insurance requirements. The report described the insurance program. City Council Minutes November 23, 1981 Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Mayor Mullen and seconded by Councilman Coronado to accept the recommendation of the Recreation & Community Services Commission and authorize that all District special events sponsors and facility lessees serving alcoholic beverages be offered participation in the OCCRMA Special Events Liability Insurance Program to meet the District/City mandatory insurance requirements. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None CONSI1DERATION OF AN ORDINANCE PROHIBITING GLASS CONTAINERS IN PARKS: The City Manager presented a report dated November 1 8 transmitting an ordinance which would provide as follows: No person shall possess, use, consume a beverage from, abandon, or break any glass container in any park or recreational area. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Lacayo and seconded by Councilman Coronado to order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCEL OF THE CITY OF CYPRESS, ACTING AS THE EX OFFICIO GOVERNING BOARD OF DIPECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING ORDINANCE NO. 3 OF SAID DISTRICT PROHIBITING GLASS CONTAINERS IN PARKS. The motion tmanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNC]LMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCIl. MEMBERS: None Councilman Rowan requested that staff send out press releases describing the new ordinance and suggested that the Council consider posting the park entrances at some future date. CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Lacayo and seconded by Mayor Mullen to approve the District Warrant List for Warrants ~13699 through ~13731 in the total amount of $19,326.04. The motion unanimously carried by tee following roll call vote: AYES: NOES: ABSENT: COUNCIl. MEMBERS: Coronado, Lacayo, Partin, Powan & Mullen COUNCILMEMBERS: None COUNC]LMEMBERS: None ORAL COMMUNICATIONS: Mr. A1 Weinberg, 9303 Vista Serena, Cypress, congratulated Councilman Partin on his election to the Council and also complimented the Recreation Department staff on their work this year. He stated they have done a fantastic job. Mr. Weinberg spoke in regard to the suggestion to appoint a representative from sports leagues to fill the next vacancy on the Recreation & Community Services Commission. He recommended against an eight-member Commission since this could result in tied- decisions. Mr. Weinberg recommended that a liaison person, selected by the leagues, be appointed to the Commission. He felt a liaison person would be able to provide valuable, non-partisan input to the Commission. The City Council suggested that the matter of a league representative to the Commission be discussed by the Recreation Commission and Mr. Weinberg stated he would place the matter on their next agenda. -14- City Council Minutes November 23, 1981 At the City Manager's request, Mayor Mullen added items to the aEenda re~arding two proposals for use of the Oxford School facilities and an agreement with the City of La Palma for use of their jail facilities. The City Manager reported on a request from the Cypress School District Teachers' Association for use of one room in Building B at Oxford Jr. High School for a six month period which will terminate July 1, 1987,. The Association proposed a rental fee of $150.00 per month. He stated their use would create no conflicts for other users of the facility. It was moved by Mayor Mullen and seconded by Councilman Lacayo to request the staff to draft the agreement between the City and the Cypress School District Teachers' Association for use of the Oxford School facility. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIl, MEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None The City Manager reported that the Guild of St. Irenaeus Church had requested the use of two rooms at the Oxford School on an interim basis. The rooms would be used for the storage of items for the Guild's rummage sale. The City Manager stated no charge was proposed. The City Council agreed to approve the use of the rooms at Oxford School by the St. Irenaeus Church Guild. The City Manager reported that a lease had been drafted by the City of La Palma allowing for the City of Cypress' use of the La Palina jail facilities. He stated Mr. Murphy had reviewed and approved the agreement which would provide for Cypress' use of the jail facilities and installation of City equipment. It was moved by Councilman Lacayo and seconded by Councilman Coronado to authorize the City Manager to sign and the City Attorney to attest the agreement with the City of La Palma for use of their jail facilities. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado~ Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 11:23 p.m. to discuss matters of personnel relating to Item #7,7, Consideration of Police Department Organization. The meeting was called back to order at 12:7,0 a.m. with all Councilmen present. ADJOURNMENT: Mayor Mullen adjourned the meeting at 1Z:20 a.m. to Thursday, December 3~ 1981, at 7:00 p.m. in the Administrative Conference lPoom. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLEI~K OF ~HE Ci~Y OF CYPRESS -15-