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HomeMy WebLinkAboutMinutes 82-01-11019 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 11, 1982 The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday, January 11, 198Z, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Gerald Mullen presiding. PI~ESENT: ABSENT: Councilmembers Coronado, Lacayo, Partin, Rowan & Mullen None Also present were Darrell Essex, Citv Manager/City Clerk, John Murphy, City Attorney, and the following staff members: Barrett, DeCarlo, Lamm, Lowenberg, Powe]l and Schatzeder. PLEDGE OF ALLEGIANCE: Mr. Murphy led the pledge of allegiance. ORAL COMMUNICATIONS: Mayor Mullen asked if anyone wished to speak in regard to any matter not on the agenda. Mr. John Kanel, 5502 Mildred Circle, Cypress, requested that the Council reconsider their decision concerning consolidation of the general municipal election and stated he would like to speak on this matter. Mayor Mullen added this matter to the agenda as Item ~31. Mr. Greg Diaz, 6121 Barbados, Cypress, reported that a rally will be held at Oak Knoll Park followed by a march to Senator Carpenter's office on January 10 to demonstrate support for A.B. 256, the child housing bill. Mr. Diaz requested the Council's support. Mayor Mullen added this matter to the agenda as Item i3Z. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, requested that the Council consider the fireworks prohibition issue which it has not taken any action on since reorganization. Mayor Mul]en requested that the fireworks issue be placed on the next regular agenda. MINUTES: It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried to approve the minutes of December 14, 1981. It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried to approve the minutes of December Z8, 1981. In regard to Item #31 concerning the consolidation of the April general municipal election, Mr. John Kanel, 5502 Mildred, Cypress, spoke in favor of consolidating the April election with the state general election in November mud felt the primary benefit of the change would be increased voter turnout in Cypress. Councilman Lacayo stated he supported the consolidation of the election. Councilmembers Rowan and Coronado indicated they did not favor a change and felt a consolidation would obscure local issues on the ballot. Councilman Partin stated he would not mind trying the change. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt that good government results from voters who are informed and care about the City. It was moved by Councilman Partin and seconded by Councilman Lacayo to consolidate the April general municipal election with the November state general election, to repeal Resolutions ~2473, 2474 and 2475, and to introduce the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CHANGING THE DATE OF THE GENERAL MUNICIPAL ELECTION TO COINCIDE WITH THE DATE OF THE STATE-WIDE GENERAL ELECTION. City Council Minutes January 11, 1982 The motion, pertaining to the repeal of the Resolutions, carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Lacayo, Partin & Mullen Z COUNCILMEMBERS: Coronado & Rowan 0 COUNCILMEMBERS: None The City Attorney advised that the motion had passed as it relates to repeal of the Resolutions but the portion relating to introduction of the Ordinance by title only had failed to carry since approval requires a unanimous vote by the Council It was moved by Mayor Mullen and seconded by Councilman Lacayo to order the following Ordinance read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CHANGING THE DATE OF THE GENERAL MUNICII~AL ELECTION TO COINCIDE WITH THE DATE OF THE STATE-WIDE GENERAL ELECTION. The motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen 1 COUNCILMEMBERS: Coronado 0 COUNCILMEMBERS: None Mayor Mullen requested the City Attorney to draft the Ordinance. In regard to Item ~32 concerning AB 256, Mr. Greg Diaz, 6121 Barbados, Cypress, reported that AB 256 would prohibit discrimination against children in specific rental housing. He reported that 80% of rental units in the County exclude children and he stated the legislation is needed now. Mr. Diaz requested the Council's support for the hill and felt it would encourage support by Senator Carpenter who presently opposed the bill. It was moved by Councilman Lacayo and seco:nded by Mayor Mullen that the Council adopt a Resolution in support of A.B. 256. Councilman Rowan stated he would like a copy of the bill and an impartial analysis by the City Attorney before the Council adopts a Resolution. Councilman Partin stated he could not support the Resolution without having more information and indicated he was also concerned over the rights of property owners.. Councilmembers Lacayo and Mullen withdrew, the motion and second. Following further discussion, it was moved by Mayor Mullen and seconded by Councilman Lacayo to transmit a communication to Senator Carpenter supporting the principles of A.B. 256 but indicating that the Council wishes to withhold support until it studies the measure, since the Council is interested in protecting the rights of children as well as the rights of property owners. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBE~IS: Coronado, Lacayo, Partin, Rowan & Mullen NOES: 0 COUNCILMEMBEItS: None ABSENT: 0 COUNCILMEMBEI{S: None At Councilman Rowan's request, Mayor Mullein added Item It33 to the agenda regarding the repair of crossgutters on Lincoln at Valley Vi.ew and Walker. PUBLIC HEARING RE: CONDITIONAL USE ?PERMIT ~81-36~ ON-SALE OF BEER & WINE~ THE BREAD BOARD SANDWICH SHOP~ 10533 PROGRESS WAY #D~ CYPRESS: Mayor Mullen opened the public hearing. The Com~aunity Development Director presented a report dated December 22 describing the applicatio:n to allow the on-site sale of beer and wine at The Bread Board sandwich shop, located at tlhe southeast corner of Walker and Cerritos Avenue. Staff received no communications regarding the application and recommended approval subject to two conditions. -2- 021 City Council Minutes January 11, 1982 Mr. William Rivera, 19938 Bushard, Huntington Beach, the applicant, stated they would like to serve beer and wine to their customers and felt it would benefit their business. He stated their operating hours are 9 a.m. to 3:30 p.m. Monday through Friday. Mayor Mullen asked if anyone wished to speak in support or in opposition to the application. No one 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, approving Conditional Use Permit #81-36 subject to the conditions recommended by staff: RESOLUTION NO. 2476 A RESOLUTION OF THE crrY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT ~81-36 - WITH CONDITIONS. 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT #81-38~ SIR WAXER AUTO GROOMING CENTER~ 9177-9181 VALLEY VIEW STREET~ CYPRESS: Mayor Mullen opened the hearing. Mr. Lamm summarized a report dated December ZZ which described the application to conduct a business for the cleaning and waxing of automobiles and sale of cleaning and waxing products in Lakeshore Plaza, opposite Cypress College. Staff received no communications regarding the application and recommended approval subject to four conditions. Mr. Joe Corder, 518 Ridgemont, Allen, Texas, a representative of Sir Waxer Automotive Grooming Centers, presented the Council with a brochure describing the company and their business operation. Mr. Corder stated the price of the waxing service includes a four-month written guarantee. Mayor Mullen asked if anyone wished to speak in support or in opposition. No one else wished to speak. It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the hearing and adopt the Resolution by title only, title as follows, approving Conditional Use Permit 4~81-38 subject to the conditions recommended by staff: RESOLUTION NO. 2477 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT {8]-38 - WITH CONDITIONS. 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 PUBLIC HEARING RE: AMENDMENT TO PARCEL MAP #81-1141~ CYPRESS LAND COMPANY~ GENERALLY LOCATED ON THE SOUTH SIDE OF KATELLA AVENUE BETWEEN HOLDER STREET AND VALLEY VIEW STREET~ CYPRESS: Mayor Mullen declared the hearing open. Mr. Lamm summarized a report dated January 4 which described a request by Cypress Land Company that the Council amend Condition #2 of Parcel Map #81- l ]41 by eliminating reference to Parcel l. Condition #2 required that the Specific Plan Development Agreement concerning the 30-acre commercial parcel be signed prior to issuance of building permits on Parcels 1, g and 3. The applicant indicated this restriction has forestalled the sale of property (Parcel 1t to the single large tenant. Staff indicated that the Development Agreement should be finalized and signed before building permits are taken out, and they recommended approval of the request. Mayor Mullen asked if anyone wished to spea~ in support or in opposition to the application. No one wished to speak. City Council Minutes January 11, 198Z It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. Z478 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN AMENDMENT TO PARCEL MAP NO, 81-1141. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None STAFF REPORTS & DISCUSSION: At the City Manager's request, the Mayor added the following items to the agenda: Item ~34 regarding an ad in the Progress Edition of the Community Advocate; Item ~35 regarding the annual City anniversary celebration; Item ~36 regarding annexation issues; Item ti37 regarding an Executive Session for litigation and personnel; Item ~38 regarding the budget workshop meeting date. CONSIDERATION OF RENEWAL OF CONTRACT FOR JANITORIAL SERVICES: The City Manager presented a report from the Public Works Director dated December Z3 which recommended renewal of the contract for another year at the current rates. It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve renewal of the existing contract for janitorial services at the same rate with Christy's Janitorial Service for one (1) year. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTR.ACT FOR THE RECONSTRUCTION OF THE WILLOW PARK POND PUMPING FACILITY~ C1TY OF CYPRESS PROJECT ~8ZZZ-90: The City Manager presented a report from the t~ublic Works Director dated December 23 which indicated that only one bid was received and the bid was $4,000 over the engineer's estimate. Staff recommended that the bid lbe rejected and the project readvertised. It was moved by Mayor Mullen and seconded by Councilman Lacayo that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District: (1) reject the bid of B. A. Potts & Sons, Inc. since it was the only bid received and substantially exceeded the estimate; and (Z) authorize the City Clerk to readvertise for bids with the bid opening date to be set for 3:00 p.m. on February 9, 198Z. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTR.ACT FOR THE DESIGN OF FIELD LIGHTING FOR ARNOLD/CYPRESS PARK~ CITY OF CYPRESS PROJECT 4~8ZZZ-90: The City Manager presented a report from the Publi(-- Works Director dated December 31 which outlined the low bid received and the scope of work. It was moved by Mayor Mullen and seconded by Councilman Lacayo that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, determine that Electri-P]anners, Inc., Zll East Columbine, Santa Ana, is the lowest responsible bidder and award them the cont~act for the design of field lighting at Arnold/Cypress Park per their proposal in the amount of $3,000.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMIIERS: Coronado, Lacayo, Partin, Rowan & Mullen NOES: 0 COUNCILMEME;ERS: None ABSENT: 0 COUNCILMEMI!;]ERS: None 023 City Council Minutes January 11, 1982 CONSIDERATION OF AWARD OF CONTRACT FOR FOLDING AUDITORIUM CHAIRS~ REOUEST FOR OUOTATION 4~818Z-11RP: The City Manager summarized a report from the Finance Director dated January 6 which outlined four bids received. It was moved by Mayor Mullen and seconded by Councilman Lacayo that the City Council, acting as the ex officio Board of Directors of the Cypress Recreatio & Park District, accept the bid of Wayne Journigan & Associates as the lowest responsible bidder and award them the contract in the amount of $9~032.Z6. The motion unanimously carried by the following roll all vote: AYES: NOES: ABSENT: 5 COUNCILMEMBER S: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None 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. It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve Items ~5 through #13 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBEFS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item ~5: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item ~6: Consideration of an Application for an Original Alcoholic Beverage License Filed by Constante T. and Gloria M. Dancel, DBA Big M Mini Mart, 4772 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item ~7: Consideration of Proclaiming March Z0~ 198Z~ as Physical Fitness Day. Recommendation: That the Mayor and City Council officially proclaim March Z0, 1982, as "Physical Fitness Day" in the City of Cypress. Item ~8: Consideration of Claim Filed by Clinton W. Holland, Attorney~ On Behalf of Francisco Godine z. Recommendation: That the City Council officially deny the Application for Leave to Present a Late Claim and reject the subject claim. Item 4~9: Consideration of Authorization for the Chief of Police to Attend the 1982 California Police Chiefs Association's Annual Conference. Recommendation: That the City Council authorize the Chief of Police to attend the 198Z California Police Chiefs Association annual conference to be held in Santa Barbara, California, on February 2-5, 198Z, and be reimbursed for all actual and necessary expenses. Item &10: Consideration of Amendments to the By-laws of the Cypress Youth Commission. Recommendation: That the City Council approve the Youth Commission's recommendations for the Commission's amended By-laws as submitted. Item ~] 1: Consideration of Approval of Plans and Specifications and Authorization to Advertise for Bids for the Construction of the Community Development Project~ 7th Year Program, to Improve Bishop Street from Watson Street to Grindlay Street, City of Cypress Project ~7938-10. Recommendation: That the City Council approve the Plans and Specifications for the construction of Project ~7938-10, the Community Development Project, 7th Year Program, to improve Bishop Street from Watson Street to Grindlay Street, and authorize the City Clerk to advertise for bids, with bids to be opened on February 9, 1982, at Z:00 p.m. in the Office of the City Clerk. 024 City Council Minutes January 11, 1982 Item ~12: Consideration of Authorization for the City Manager to Attend the 1982 City Managers Department Meeting of the League of California Cities. Recommendation: That the City Council authorize the City Manager to attend the 1982 City Managers Department Meeting of the League of California Cities to be held on February 3-5, 1982, in Coronado, California, and be reimbursed for all actual and necessary expenses incurred. Item ~13: Consideration of an Application for an Original Alcoholic Beverage License Filed by Darshan S. and Manjit Bhasin, DBA a Liquor Store (Unnamed), 6326 Lincoln Avenue "K", Cypress. Recommendation: Receive and file. RECESS: Mayor Mullen called a recess at 7:50 p.m. to allow the Council an opportunity to read the Ordinance drafted by the City Attorney concerning the consolidation of the general municipal election. The meeting was called back to order at 8:05 p.m. with all Councilmembers present. It was moved by Councilman Lacayo and seconded by Mayor Mu]]en to introduce the Ordinance and to adopt the Ordinance, title as follows: ORDINANCE NO. 685 AN ORDINANCE OF THE CITY COUNCII. OF THE CITY OF CYPRESS CHANGING THE DATE OF THE GENERAL MUNICIPAL ELECTION TO COINCIDE WITH THE DATE OF THE STATEWIDE GENERAL ELECTION. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Lacayo, Partin & Mullen Z COUNCILMEMBERS: Coronado & Rowan 0 COUNCILMEMBERS: None CONSIDERATION OF A COMMUNICATION FROM MR. D.A. WlLLIAMSON~ REQUESTING A RECONSIDERATION OF CONDITIONAL USE PERMIT ~81-Z1 (VIDEO & AMUSEMENT ARCADE AT THE LINCOLN SHOPPING CENTER): The City Manager presented a report dated January 5 indicating that Mr. Williamson had requested the Council's reconsideration of the conditional use permit for the video and amusement arcade. In response to questions from the Council, Mr. Lamm reported that the arcade moratorium will expire on March 24, 1982, and the staff will present the proposed arcade ordinance for the February 8 Council meeting. Mr. Irving Washington, 18186 Santa Adela Circle, Fountain Valley, requested approval for the arcade and stated it would be beneficial to have the building occupied because of the threat of vandalism. He stated the applicant is concerned over his business investment. He stated the applicant would agree to comply with the new arcade ordinance. Councilman Rowan pointed out that at the previous hearing on this matter the operator of the liquor store in the center had objected to the arcade. Mr. Drew Williamson, 15771 Pacific, Tustin, operator of a laundromat on the property, reported that the liquor store had vacated the tenant space and two other businesses had moved out of the center because of the lack of business. He stated an arcade would bring in more business. Mr. Wil]iamson state:d the property has been well maintained, vandalism has been controlled and he would like to see the building occupied. Following discussion~ it was moved by Mayor Mullen and seconded by Councilman Coronado to schedule a public hearing for the February 8 meeting to reconsider Conditional Use Permit ~81-21. The motion unanimously ,carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNfCILMEMBERS: None 0 COUb~CILMEMBERS: None -6- City Council Minutes January 11, 198Z Mr. Emery Schweighoffer, 7Z1Z Azalea, Carlsbad, spoke in support of the arcade and indicated that the arcade was an incentive for him to locate in the center. He stated the arcade would get business from the laundromat users. CONSIDERATION OF AN APPRAISAL OF PROPERTIES ADJACENT TO THE CIVIC CENTER: The City Manager presented a report dated January S which indicated that Mr. Planche, President of Fantastic Properties, Inc., had requested the City to consider the purchase of three parcels of land on the north side of Orange Avenue, east of the Civic Center. The City Manager recommended that appraisals of the land be made since the properties are in the proposed redevelopment project area and are adjacent to other parcels owned by the City. It was moved by Councilman Rowan and seconded by Councilman Coronado to authorize the City Manager to obtain a letter of appraisal for parcels AP 244-451-16, AP 244-451-17 and AP 244-451-18. Councilman Lacayo stated he would like to see a master plan developed for those parcels which the City is buying. He stated he did not support an appraisal until the Council has met with property owners in the area to determine if they are interested in selling their property. Mayor Mullen stated he did not support the purchase of property in this area but that he would consider taking advantage of favorable prices to purchase parcels which are in the area proposed for senior citizens housing, The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Coronado, Partin & Rowan g COUNCILMEMBERS: Lacayo & Mullen 0 COUNCILMEMBERS: None Councilman Lacayo recommended that the Council discuss what it intends to do with the property purchased by the City and also hold a meeting with the property owners. It was moved by Councilman Lacayo and seconded by Mayor Mullen to request staff to arrange a workshop meeting with property owners in the Civic Center area. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCI~MEMBERS: 0 COUNCILMEMBEkqS: Coronado, Lacayo, Partin, Rowan & Mullen None None CONSIDERATION OF LEASES WITH THE CYPRESS BOYS' CLUB AND THE V.F.W. POST · 9847: ~l~e City Manager presented a report regarding this matter dated January S and transmitted copies of the proposed lease agreements to the Council. It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried to request staff to transmit copies of the lease agreements to the Cypress Boys' Club and V.F.W. Post ~9847 for their review. Mr. Joe Sheets, 4802 Marten, Cypress, reported that the VFW will hold its ribbon cutting ceremony on January 23 at 10:45 a.m. He reported that the State Commander will be in attendance to present the Post's new charter. CONSIDERATION OF CITY ATTORNEY'S OP:INION RE: THE AUTHORITY OF THE MAYOR TO ORDER REMOVAL OF ANY COUNCILMEMBER FROM A MEETING: The City Manager presented a report dated January 5 which transmitted a copy of the City Attorney's opinion. Following discussion, it was moved by Mayor ~[u]len and seconded by Councilman Lacayo that the City Council authorize the Mayor to order the expulsion of any disorderly person from a Council meeting provided that, immediately following the order, the City Council take action to either ratify or overrule the Mayor's order. Councilman Rowan requested an opportunity t:o consider the motion and the Council agreed to table this matter. ¸--7-- 026 City Council Minutes January 11, 1982 CONSIDERATION OF SCHEDULING INTERVIEWS FOR THE AFFIRMATIVE ACTION COMMITTEE: The City Manager presented a report dated January 5 and requested that the Council schedule a date for the interviews. He reported that two applications were received. The Council agreed to schedule the interviews at the January 25 meeting following the joint session with the Traffic Commission, and to schedule the public hearings for 7:50 p.m. on that date. Mayor Mullen suggested that the committee vacancies be readvertised amd that minorities be encouraged to apply. It was moved by Mayor Mullen, seconded by Councilman Coronado and unanimously carried to request staff to readvertise for applicants to the Affirmative Action Committee and to schedule the interviews for the January 25 meeting. CONSIDERATION OF MINOR REORGANIZATION WITHIN THE PUBLIC WORKS DEPARTMENT: The City Manager presented a report dated January 5 describing the reorganization proposal in the Engineering Division which was prompted by the upcoming retirement of a Senior Public Works Inspector. It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the reorganization proposal of the Public Works Department as outlined in the staff report and authorize the City Manager to make the appropriate budget adjustments pursuant to this reorganization proposal. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen NOES: 0 COUNCIl. MEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Mullen continued Item ~Z3, Consideration of Cypress Civic Center Corporation, to the Executive Session. CONSIDEI~ATION OF POSITION CLASSIFICATION PLAN AMENDMENTS: The City Manager presented a report dated January 5 which transmitted the Position Classification Plan study prepared by Steve Dunn & Associates. The report described proposed amendments to the plan. Mr. Steve Dunn, representing Steve Dunn & Associates, responded to questions from the Council concerning the position classification study and plan. It was moved by Councilman Lacayo and seconded by Mayor Mu]len to adopt the following Resolutions by title only, titles as follows, and~ acting as the ex officio Board of Directors of the Cypress Recreation & Park District, authorize the c]assificatlons to be interchangeable between the City of Cypress and Cypress Recreation & Park District: RESOLUTION NO. Z479 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING I~ESOLUTION NO. 975 BY ADDING AND DELETING CERTAIN CLASS SPECIFICATIONS FROM THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTtAICT. RESOLUTION NO. 2480 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. Z4ZZ, BASIC COMPENSATION PLAN~ SECTION 3, CONCERNING SALARIES ESTABLISHED FOR CITY EMPLOYEES PLACED UNDER THE BASIC COMPENSATION PLAN. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Mullen continued Item #ZS, Consideration of Salary Resolution for City Management Personnel, to the Executive Session. --8-- City Council Minutes January 11, 1982 027 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve the Warrant List for Warrants #70366 through #70668 in the total amount of $710,964.69. 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 CITY ATTORNEY'S OPINION RE: THE AUTHORITY OF THE MAYOR TO ORDER THE REMOVAL OF ANY COUNCILMEMBER FROM A MEETING: The Council removed this item from the table. Mayor Mullen restated the motion which was that the Council delegate authority to the Mayor or chairperson to expel disorderly members of the Council or audience from a meeting provided that immediately following the Mayor's order the Council, with the exception of the member who is removed, act to either ratify or overrule the expulsion. Mayor Mullen amended the motion to include that the Council's action to either ratify or overrule the Mayor's order should be debated immediately following the order and should take precedence over any other business. Councilman Rowan suggested that the motion be reworded to state that the Mayor shall have authority to remove any person from the Chambers for purposes of order and discipline and shall have the authority to remove from the Chambers any member of the City Council with the concurrence of the Council. Councilman Coronado stated he felt the City Attorney's opinion was highly biased. He brought up six points which he stated were deficient and were not addressed in the opinion. Councilman Coronado stated for the record that, to his knowledge, no one in the Council Chambers had ever challenged the authority of the Council body to discipline its own membership, but what was challenged at the last Council meeting was the right of one elected individual, on a unilateral determination, to attempt to evict another elected official. Councilman Coronado stated that Section 75 of Robert's lqules of Order provide that no member shall be expelled from society by less than two-thirds vote. He stated for the record that he fully intended to comport himself in strictest accord with Robert's Rules of Order. The City Attorney responded to Councilman Coronado's comments. He indicated that Section 75 of Robert's Rules require a two-thirds vote to expel a member from a society or group, not to evict a disorderly member from the room. Ne stated the City Charter provides the Council with the right to evict any Councilmember or any other person for disorderly conduct at any of its meetings, and there is no requirement for a two-thirds vote. This does not refer to removal from the Council, only eviction from the Chambers for disorderly conduct. Mr. Murphy stated the removal of a Councilmember from the Chambers does constitute a disfranchisement of the member's rights, but this disciplinary action is in accordance with the City Charter. In regard to Councilman Coronado's charge that a successfully challenged eviction from the Council would render all business of the Council following the eviction illegal, Mr. Murphy stated he was not aware of any legal authority for this proposition. He stated the fact that a Councilmember is absent from a meeting does not invalidate the proceedings of that meeting, and if actions were taken by a majority they would be valid notwithstanding the fact that a member was evicted and that it was later determined he was wrongfully evicted. Mr. Murphy stated he confined his responses in the opinion only to questions directed to him by the Council. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 1 COUNCILMEMBERS: 0 COUNCILMEMBERS: Lacayo, Partin, t~owan & Mullen Coronado None SECOND READING OF ORDINANCE RELATING TO THE REGULATION OF AMBULANCES: It was moved by Councilman Lacayo and seconded by Mayor Mullen to order the following Ordinance read by title only, title as fo/lows, and to adopt the Ordinance: ORDINANCE NO. 686 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING VARIOUS SECTIONS OF CHAPTER ZA OF THE CODE OF THE CITY OF CYPRESS RELATING TO THE REGULATION OF AMBULANCES. -9- 028 City Council Minutes January ~l, 1982 The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacavo, Partin, Rowan & Mullen None None CONSIDERATION OF LIGHTING FEE INCREASE TO FACILITY USERS: The Recreation & Park Director presented a report dated December 21 which indicated that the Advisory Committee on Use of Athletic Facilities had considered a proposal by the Edison Company to increase lighting charges at a special meeting held on November 17. The Committee's recommendation, approved by the Recreation & Community Services Commission, was that the lighting fees for facility users be increased by 12% from $8.31 to $9.31, effective January 1 through December 1982. The Committee also requested that any proposed future increases be brought back to them for further discussion and recommendations. Mr. DeCarlo reported that six neighboring cities impose lighting user fees. It was moved by Councilman Rowan and seconded hy Mayor Mullen that the Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, approve the recommendation of the Recreation & Community Services Commission that athletic field light usage fees be increased by 12% from $8.3I to $9.31 per hour of light use per field effective January 1, 1982, and that any additional increases by the Southern California Edison Company during the next year be passed through immediately to all users in the form of appropriate light user fee increases. Mayor Mullen asked if anyone in the audience wished to speak on this matter. There was no one wishing to speak. Councilman Partin stated the fee charges are a real imposition to the leagues, especially if other cities do not charge fees. He recommended that the Council review the necessity of the fee when it considers the budget and eliminate the fee if possible. The Council agreed to proceed with the proposed fee increase and to continue this matter to the budget sessions for further review. 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 The Mayor continued Item ~Z9, Consideration of Salary Resolution for District Management Personnel, to the Executive Session. CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: Acting as the ex officio Board of Directors of the Cypress Recreation and Park District, it was moved by Councilman Rowan and seconded by Councilman Lacayo to approve the District Warrant List for Warrants #13770 through #13858 in the total amount of $461,991.21. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNC]LMEMBERS: Coronado, Lacavo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None In regard to Item ~33 concerning the repair of crossgutters on Lincoln at Valley View and Walker, Councilman Rowan requested that this item be discussed at this or the next Council meeting. He requested that staff prepare a report on possible funding sources for the project. The Council agreed to continue this item to the next budget workshop. In regard to Item {34 concerning an ad in the Community Advocate's Progress Edition, the City Manager reported that the cost of an ad would be $355. Mayor Mullen stated he did not support an expenditure of public funds in that amount. The Council agreed to receive and file this item. -10- O29 City Council Minutes January 11, 1982 In regard to Item ~35 concerning future City anniversary celebrations, the Recreation & Park Director summarized a report dated December 2Z which described the recommendations of the Recreation & Community Services Commission for an annual anniversary celebration to be held on the Civic Center grounds. The Commission recommended that the next celebration be held on Saturday, July 24, to begin the City's Z6th year. 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 accept the recommendation of the Recreation & Community Services Commission and approve the 1982 Cypress Family Festival to be held at the Civic Center facility on Saturday, July 24, 198Z. The Council inquired as to why the Civic Center and not Oxford School had been selected as the site. Mr. DeCarlo reported that the Commission recommended a smaller scale event for the Z6th celebration building up to the 30th anniversary celebration. The Commission felt the Oxford location would restrict the celebration activities because of the Folice Department and trade school's use of the facility. Oak Knoll Park was considered but it is heavily used in mid-July for tournament games. The Council discussed asking the Commission to reconsider the location. Councilman Lacayo felt the Oxford theater should be used for entertainment for the celebration. Mr. Francis Boykin, 5917 Noumea, Cypress, stated the Commission wanted a smaller event this year and felt a celebration at Oxford would interfere with the Police operations. Mr. Boykin reported the Commission proposed ho]ding a clogging competition in conjunction with the celebration, using a portable stage underneath the Councl] Chambers, and holding a chili cook-off in the Civic Center parking lot. The motion unanimously carried bv the following roll call vote: AYES: NOES: ABSENT: 5 COUNC]LMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNC1LMEMBERS: None In regard to Item ~36 concerning annexation issues, the City Manager reported that the City of Buena Park had filed a protest with LAFCO and requested that they reconsider the proposed annexation of eight acres of land at the northeast corner of Walker and Crescent to the City of La Palina. LAFCO's hearing on the matter is scheduled for January 13. The City Manager reported that the City of Buena Park is interested in the annexation of the County area south of Crescent which is located in Cypress' sphere of influence. He stated it is unknown how residents in this area feel about annexation. Councilman Rowan expressed concern over the intrusion into Cypress' sphere of influence. It was moved by Councilman Rowan and seconded by Councilman Coronado to direct that the City Manager or an appointed staff member to appear at the LAFCO hearing and transmit the City of Cypress' concern over intrusion into its sphere of influence. 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 In regard to Item ~38 concerning setting a budget workshop meeting date, the City Council agreed to schedule the budget workshop for Thursday, January Z1, at 7:30 p.m. in the administrative conference room. EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 10:25 p.m. for matters of litigation and personnel. COUNCILMAN LACAYO LEFT THE MEETING AT 10:25 P.M. The meeting was called back to order at 11:07 p.m. with Councilman Lacayo absent. -11- 050 City Council Minutes January 11, 198Z CONSIDERATION OF SALARY RESOLUTION FOR CITY MANAGEMENT PERSONNEL: The City Manager presented a report dated January 5 which transmitted a resolution establishing new management salaries. It was moved by Councilman Rowan and seconded by Mayor Mullen to adopt the Resolution by title only, title as follows, and approve a 10% increase for the City Manager: RESOLUTION NO. 2481 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTIONS 2373 AND 2432, ESTABLISHING SALARIES FOR CITY EMPLOYEES DESIGNATED AS MANAGEMENT PER S ON N EL. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen None Lacayo CONSIDERATION OF SALARY RESOLUTION FOR DISTRICT MANAGEMENT PERSONNEL: The City Manager presented a report dated January 5 which transmitted the salary resolution. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Rowan and seconded by Mayor Mullen to adopt the Resolution by title only, title as follows: RESOLUTION NO. 1ZO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING SALARIES FOR DISTRICT EMPLOYEES DESIGNATED AS MANAGEMENT PERSONNEL. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None ] COUNCILMEMBERS: Lacayo CONSIDERATION OF CYPRESS CMC CENTER CORPORATION: The City Manager transmitted a report regarding this matter dated January 5. It was moved by Councilman Rowan, seconded by Mayor Mullen and unanimously carried to table this matter. ADJOURNMENT: Mayor Mullen adjourned the meeting at ] 1:11 p.m. to Thursday, January Z1, at 7:30 p.m. in the administrative conference room. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK oF THE ~r~Y OF CYPRESS -1Z-