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HomeMy WebLinkAboutMinutes 82-01-25038 MINUTES OF A REGULAR I~AEETING OF THE CYPRESS CITY COUNCIL HELD January 25, ] q82 The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday, January ZS, 198Z, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Gerald Mullen presiding. PRESENT: ABSENT: Councilmembers Coronado, Lacayo, Partin, Rowan & Mullen None Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the fol]owingstaff members: Barrett, DeCarlo, Lamm, Powell, Robertson & Schatzeder. PLEDGE OF ALLEGIANCE: City Attorney John Murphy led the pledge to the flag. JOINT MEETING WITH THE CYPRESS TRAFFIC COMMISSION: Chairman David Barrett called the meeting of the Traffic Commission to order at 6:31 p.m. with the following members in attendance: PRESENT: Citizen Commissioners Belsky, Carruthers & Kennedy Staff Commissioners Robertson & Schatzeder ABSENT: None Mayor Mullen announced that the Council had decided that it would be beneficial to hold periodic meetings with each City Commission to reacquaint themselves and maintain communication. He asked if the Traffic Commissioners had any concerns they wished to address to the Council. Commissioner Kennedy expressed appreciation to the staff members who assist the Commission and indicated they devote considerable time and work on behalf of the Commission as well as the City. Commissioner Belsky stated that most of the issues coming before the Traffic Commission are of a similar nature and most involve citizen requests for traffic control devices in their particular neighborhood. He indicated the Commission has considered one controversial issue which involved the possible closure of two streets in the south part of Cypress due to residents' concerns over speeding. He indicated that residents of Garden Grove supported closure of the streets while Cypress residents wanted them to remain open. In response to a question from Councilman Coronado, Commissioner Kennedy stated the staff keeps the Commission informed about traffic signal projects and requests the Commission's input. Commissioner Belsky stated the Traffic Commissioners often bring up concerns they see in the City for discussion at their meetings, such as the problem with the cross gutter dips on Walker Street and Valley View. The Council indicated that the repair of these cross gutters had been included in the City budget and they briefly described the scope of the projects. Mayor Mullen indicated that the Traffic Commission did lighten the workload of the Council and provided a great service to the City. He stated the Commission is able to devote more study to traffic issues and come up with creative solutions to problems. Commissioner Kennedy stated the informal nature of Commission meetings makes it easier for citizens to present and discuss their traffic concerns and the Commission receives good input. Commissioner Belsky stated he had concerns relating to large trucks and had questions as to whether the Commission was overstepping its responsibilities. Mayor Mullen indicated the Commissioners' concerns could be addressed to the staff or Council members and that he felt it was appropriate for the Commission to consider any traffic related issues. Councilman Lacayo stated that, as part of its budget preparation, the City Council planned a tour of the City to check the condition of public improvements, streets and parks. 14e invited the Commissioners to join in the tour and also invited them to submit their budget recommendations. Chairman Barrett adjourned the Traffic Commission meeting at 6:51 p.m. INTERVIEWS FOR THE AFFIRMATIVE ACTION COMMITTEE: The City Council conducted interviews of three applicants for the Affirmative Action Committee. ORAL COMMUNICATIONS: Mayor Mullen asked if anyone wished to speak in regard to any matter which was not on the agenda. There was no one wishing to speak. City Council Minutes January ZS, 1982 MINUTES: Councilman Coronado made two corrections to the minutes of January Il regarding the item on the Mayor's authority to order the removal of persons from City Council meetings. It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried to approve the minutes of January l 1 as corrected. STAFF REPORTS & DISCUSSION: At the request of the City Manager, Mayor Mullen added Item #18a to the Consent Calendar regarding a request to proclaim February 198Z as Children's Dental Health Month. PUBLIC HEARING RE: PRE-ANNEXATION ZONE CHANGE #8Z-l~ 4942. LINCOLN AVENUE: Mayor Mullen opened the public hearing. The Community Development Director summarized a report dated January 18 which described the application by the property owner of the County unincorporated island for a City zoning designation of CH-l 0,000 LC (Commercial Heavy-Lincoln Avenue Combining Zone) from the current County zoning designation of Light Industrial. The property consists of .78 acres and extends from Lincoln Avenue to Bishop Street to the south. The property owner has expressed his willingness to annex the property to the City of Cypress subject to Council approval of his requested zoning classification. Mr. Lamm reported that all properties along Lincoln Avenue, with the exception of a mobilehome park in the County area, are zoned CH-10,000. Mr. Anthony Chiovare, 9845 Triangle Street, South E1 Monte, the applicant, stated they have owned the property for one year and that, upon approval of the zone change and annexation, they propose to build a commercial shopping center similar to those along Lincoln Avenue. Mayor Mullen asked if anyone wished to speak in support. Mr. George Ross, residing on the south side of Bishop Street, asked what type of development is proposed by the applicant. Mr. Ross stated the previous ]umber yard on the property was an eyesore and that he hoped such a use would be restricted. Mr. Chiovare stated the applicant will have to comply with the City Codes, that their development will be compatible with surrounding uses and that they hope to enhance the community and attract good tenants. Councilman Rowan stated for the record that the pre-annexation zoning request is not directly related to development of the property and a public hearing wilt be required to consider the development proposal. Mr. Frank Cree, 4906 Bishop, Cypress, stated the property has been an eyesore and that he would like to know exactly what the applicant proposes. Mayor Mu]len indicated that the City is desirous of maintaining an attractive environment along Lincoln Avenue and that the Council will have control over the proposed development since a conditional use permit wi]I be required. Councilman Lacayo pointed out that the City development standards are stricter than those of the County. Mayor Mullen asked if anyone wished to speak in opposition. No one wished to speak in opposition. It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the public hearing, 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 COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY DESIGNATING A CERTAIN PARCEL OF LAND IN THE CH-] 0,000 LC COMMERCIAL HEAVY-LINCOLN AVENUE COMBINING ZONE, KNOWN AS PRE-ANNEXATION ~ONE CHANGE NO. 8Z-1. City Council Minutes January ZS, 1982 The motion unanimously carried by the following roll call vote: AYES: $ COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNC1LMEMBEPS: None CONSIDERATION OF FOLLOW-UP REPORT CONCERNING ACACIA DRIVE ZONING: The Community Development Director summarized a report dated January 18 which addressed Acacia Drive zoning and land use issues. Mayor Mullen stated that the intent of his previous motion made at the October 19 meeting was to have staff investigate the possibility of changing the RS-I 5,000 zone requirements to make certain non-conforming uses legal, as opposed to changing the zoning designation. He stated that he was interested in maintaining the status quo of the street in ma_ny respects. Mr. Lamm reported that staff had studied the possibility of a zone change but felt that changes in the development regulations at this time would not promote good will on the street. The City Attorney indicated that the Council could amend the RS-15,000 zone to make existing uses legitimate by designating those uses which would be permitted as a matter of right and those which would be subject to a conditional use permit. Mayor Mullen asked if anyone wished to speak on this matter. The following persons addressed the Council in regard to zoning issues on Acacia Drive: Mr. G. W. Sinclair, 8602 Acacia Drive, Cypress Mr. Larry Wuebker, 8661 & 8681 Acacia Drive, Cypress Mrs. Judy Daniels, 8542 Acacia Drive, Cypress Mr. Everett Weerheim, 855t Acacia Drive, Cypress Mayor Mullen stated he supported a review of the hay business but that he did not desire to see a great change on the street. He stated it did not appear that the majority of residents on the street were disturbed because of uses which interfere with their health, safety and enjoyment of their property. Mayor Mullen stated it was time for a review of the zoning requirements and permitted uses in the RS-IS,000 zone. Councilman Coronado stated that he felt it would be unfair for the Council to stir up the neighborhood to make the uses conform to zoning which the City had not enforced in the past. Councilman Coronado moved that the Council schedule a public hearing to review Conditional Use Permit ~t78-11 (hay business) and that the remaining properties on Acacia Drive remain as is. Mayor Mullen stated he supported the motion except as it relates to leaving the other properties as they are. An amended motion was moved by Councilman Coronado and seconded by Mayor Mullen that the Council schedule a public hearing to review Conditional Use Permit ~78-11. 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 It was moved by Mayor Mullen and seconded by Councilman Coronado to direct staff to review the requirements of the RS-I 5,000 zone with the objective of determining which land uses and zoning requirements should be updated in order to comply with the Council's desires for this area, and that staff return with a recommendation. Councilman Rowan indicated that he did not support overall modifications to the Zoning Ordinance which would promote the status quo on Acacia Drive. He stated that a public hearing to reconsider the hay business was appropriate. He recommended that the Council study the uses on Acacia Drive and determine equitable amortization periods for those uses which are non-conforming. The Council heard further testimony from the following persons. -3- O88 City Council Minutes January 25, 1982 Mrs. Mary Van den Raadt, 8644 Acacia Drive, Cypress, stated the Espinoza business has been in existence for many years and she felt the owner should be granted a long amortization period. She stated she did not object to getting a conditional use permit for her stable business. She reported that she has initiated plans to landscape her property. Mr. John Bernard, 8617 Acacia Drive, stated the Espinoza business is a quiet operation and deserves to be on the property since the owner has lived there longer than any other property Mr. Charles Pink, 870Z Acacia Drive, speaking as Vice President of the Forest Lawn Company, stated they have no desire to see a zone change and they are happy with the street and get along well with their neighbors. Mr. Sal Espinoza, 8641 Acacia Drive, reported that his family has operated the business since 1944. He reported that he is interested in buying commercial property elsewhere but that will take time and money. Mr. Espinoza stated he tries to cooperate with his neighbors and keep his property clean. He reported that he begins work at 7:30 or 8:00 a.m. which is later than other companies and this has sometimes caused him to lose business. Mr. Harold Daniels, 8542 Acacia Drive, stated that a lonl~ amortization period for the Espinoza business would be appropriate. Mr. G. W. Sinclair, 8602 Acacia Drive, requested that the zoning regulations be enforced. He stated land uses which do not comply degrade the entire zone. Mr. Sinclair expressed concern that abatement of uses was never pursued following past zone changes. Mr. Everett Weerheim, 8551 Acacia Drive, discussed the fact that he was never granted any privileges following a previous zone change and reported that he abated his chicken ranch business even though there was a moratorium on the abatement. Mr. Weerheim stated he lost money on his property because he was unable to build multiple housing units following another zone change. He stated he supported the amortization of non-conforming uses. Mr. Weerheim indicated that zoning violations and personal harassment still occur. Mr. Larry Wuebker, 8661 Acacia Drive, reported on activities of Mr. Sinclair and Mr. Weerheim which he felt were inconsistent with zoning regulations. Mr. Dan Cardoza, 8591 Acacia Drive, stated he has no complaints with the Espinoza business. He reported the business does not begin until 7:30 or 8:00 a.m., the business is clean and organized and it does not bother anyone. Mr. Cardoza reported that he recently paved the street in front of his home with asphalt and he invited the Council to see it. Mrs. Judy Daniels, 8542 Acacia Drive, asked if an amortization period or conditional use permit could he renewed if granted to the Espinoza business. Staff reported that an amortization period could not be renewed. The Mayor stated that issuance of a conditional use permit would have to be preceded by a zoning ordinance amendment which would make this use permitted subject to a conditional use permit. The City Attorney suggested that the Council could request staff to review the Zoning Ordinance provisions relating to non-conforming uses, which would address uses such as the Espinoza business. Councilmembers Mullen and Coronado amended the motion to include a direction to staff to investigate the non-conforming use requirements for the RS-15,000 zone. Councilman Rowan stated he would oppose the motion with reservations since he felt the Council should review and try to correct the existing problems and make exceptions where needed instead of making overall changes for the RS-15,000 zone. Mayor Mullen restated the motion which was to direct staff to review the uses in the RS-I 5,000 zone and determine which uses are desirable, return with recommendations for 2oning Ordinance amendments and appropriate requirements for the RS-15,000 zone which redefine the uses that are desirable in that zone, and to review the policy for the abatement of non-conforming uses. The motion, as amended, carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 1 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin & Mullen Rowan None -4- 039 City Council Minutes January 25, 1982 In regard to Item 42 concerning the interviews for the Affirmative Action Committee, the City Attorney advised that the Council's deliberations must be done publicly. Councilman Rowan suggested that each Councilmember prioritize his choices and that the top two candidates could then be appointed. Councilman Lacavo recommended that this ballot process be adopted as the Council's policy for making appointments. It was moved by Mayor Mu]len and seconded by Councilman Lacayo that the Councilmembers submit their recommendations to the City Manager who will report back to the Council and that the Council then make their selection at a public meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: $ COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Councilman Lacayo requested that staff prepare a policy statement outlining the rating method the Council will use to select applicants which provides that the Council will submit their recommendations to the City Manager followed by a report from the City Manager to the Council CONSIDERATION OF RENEWAL OF CONTRACT FOR A TWO YEAR PERIOD TO SUPPLY AND LAUNDER UNIFORMS~ REOUEST FOR OUOTATION 47576-39: The City Manager presented a report from the Finance Director dated January 14 who recommended renewal of the existing contract subject to the same conditions and prices. Councilman Coronado expressed concern over renewing the contract without going to bid and asked on what determination staff's recommendation was made. The City Attorney reported that the City may dispense with the bidding process pursuant to Section 21 A-SF of the City Code providing that certain findings are made. Staff reported that their recommendation was based on the fact that no price increase was proposed for another two years and on the excellent service record of the company. Councilman Coronado asked, if the staff had checked with other companies to determine the fairness of the proposed rates and how many units were included in the contract. He requested that this item be continued and that staff provide additional information to support a renewal of the contract and to establish that the renewal is allowed by the City Code. It was moved by Councilman Coronado and seconded by Mayor Mullen to continue this item to the February 8 meeting and request an additional staff report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEML~ER S: 0 COUNCILMEMBERS: Coronado, Lacavo, Partin, Powan & Mullen None None CONSIDERATION OF AWARD OF CONTRACT FOR THE MATERIALS CONTROL, TESTING~ LABORATORY WORI( AND INSPECTION SERVICE FOR THE POLICE BUILDING ADDITION AND REMODELING~ CITY OF CYPRESS PROJECT 48036-90: The City Manager presented a report from the Public Works Director dated January 22 which outlined three bids received. It was moved by Mayor Mullen and seconded by Councilman Lacayo to determine that the lowest responsible bidder for Project ~8036-90 is Southern California Soil and Testing, Inc., 165 West Orangethorpe, Placentia, California, and award them the contract in the amount of $11,950.50. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILIvIEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None CONSIDERATION OF AWARD OF CONTRACT FOR THE MODIFICATION OF TRAFFIC SIGNALS AND IIqTERCONNECTION AT THE INTERSECTIONS OF VALLEY VIEW STREET WITH LAKESHORE DRIVE~ ORANGE AVENUE~ FRED DRIVEr CERRITOS AVENUE AND ORANGEWOOD AVENUE~ LOCAL AGENCY-STATE AGREEMENT NO. 07-5330-HES-L097 (004)~ CITY OF CYPRESS PROJECT 48112-50: The City Manager presented a report from the Public Works Director dated January 18 which listed three bids received. -5- 040 City Council Minutes January 25, 1982 It was moved by Mayor Mullen and seconded by Councilman Coronado to determine that the lowest responsible bidder for Project &811Z-S0 HES-L097 (004) is Smith Electric Supply, P. O. Box 68, Stanton, California, and award them the contract in the amount of $41,160.00 subject to approval by the Department of Transportation (Ca]trans). 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 FOR THE CONSTRUCTION OF A WROUGHT IRON FENCE AND WALKWAY AT PEPPERTREE PARK~ CITY OF CYPRESS PROJECT #8ZZZ-90: The City Manager presented a report dated January 15 from the Public Works Director which outlined eight bids received. It was moved by Mayor Mullen and seconded by Councilman Lacayo to determine that the lowest responsible bidder for Project ~SZ2Z-90 is Howard Reinard Landscaping, Z049 Kallin Avenue, Long Beach, California, and award them the contract in the amount of $Z0,311.20. 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 Councilman Lacayo reouested that the summer newsletter include an article which describes the amount of money spent to repair the fence and walkway and requests the assistance of park users. CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE WALKWAY SHELTER AT THE SENIOR CITIZENS CENTER ON GRINDLAY STiqEE'r: C1TY OF CYPRESS PROJECT #8ZZZ-90: The City Manager presented a report from the Public Works Director dated January 15 which outlined two bids received. Following discussion, 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) transfer $1,500.00 from Account 10-4186-szg.z4 to Account 10-4186- 530.24; (Z) transfer $Z50.00 from Account 10-4186-528.24 to Account 10-4186-530.24; and (3) determine that the lowest responsible bidder for Project 4t8gZg-90 is James David Schene, 9655 Mango Avenue, Fontana, California, and award them the contract in the amount of $4,240.00. 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 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 on the agenda. Councilman Coronado requested the removal of Item #13. It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve Items #8 through &18a on the Consent Calendar with the exception of Item #13. 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 Item 4t8: Motion to Introduce and/or Adopt Ali Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item #9: Consideration of Proclaiming the Week of March 14-21, 1982, as Week of the Handicapped. Recommendation: That the Mayor and City Council officially proclaim the week of March 14-21, 1982 as the "Week of the Handicapped" in the City of Cypress as requested. -6- City Council Minutes January ZS, ]98Z 04:1 Item ~]0: Consideration of Acceptance of Weed Abatement of Seasonal and Recurring Weeds and Assessment for Weed and Rubbish Abatement for Phase I of the ]981-8Z Program. Recommendation: That the City Council: (]) accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work, and (Z) adopt the Resolution by title on]y, title as follows, confirming weed abatement assessments and imposing special assessments as a lien on the parcels shown in Exhibit "A": RESOLUTION NO. Z48Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPPESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item ~]1: Consideration of Employment List - Associate Planner. Recommendation: That the City Council certify the employment list for the position of Associate Planner as submitted. Item ~lg: Consideration of Acceptance of Final Parcel Map ~81-]141, Cypress Land Company, Katel]a Avenue, South Side between Valley View Street and Holder Street. Recommendation: That the City Council approve Final Parcel Map ~81-] 141 and accept the letter of credit for public improvements in the amount of $159,600.00 which is not ]ess than 50% nor more than ]00% of the total improvements a_nd authorize the City Clerk to sign the record map. Item ~14: Consideration of Rental Agreement for 5452 Wicker Drive. Recommendation: That the City Council approve the rental agreement for 5452 Wicker Drive as outlined in the report and authorize the City Manager to execute. Item #15: Consideration of Preliminary Report for the Cypress Lighting District ~Z, 1982. Recommendation: That the City Council adopt by title only, titles as follows: (l) the Resolution approving the Preliminary Report for the Cypress Lighting District, (2) the Resolution of Intention to install improvements and maintain Cypress Lighting District ~Z for calendar year ] 982, and (3) the Resolution establishing the time and place for the public hearing on Cypress Lighting District #2: RESOLUTION NO. 2483 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVING THE PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REOUIREMENTS OF RESOLUTION NO. Z469 OF SAID COUNCIL. RESOLUTION NO. 2484 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ORDER A STREET LIGHTING SYgTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS TO BE INSTALLED AND MAINTAINED AND ELECTRIC CURI~ENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF ONE (1) YEAP BEGINNING JANUARY 1, ] 982 AND ENDING JANUARY 1, 1983. -7- City Council Minutes January 25, lq82 RESOLUTION NO. 2485 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT REFERRED TO IN RESOLUTION OF INTENTION NO. Z484 AND DIRECTING THE CITY CLERK OF SAID CITY OF CYPRESS, CALIFORNIA, TO GIVE NOTICE OF SAID HEARING. Item ~16: Consideration of Publicity Program for Ordinance Prohibiting Glass Containers. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, approve the methods of publicizing the prohibition of glass and other park rules and regulations. Item 417: Consideration of Facility Name. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, ratify the recommendation of the Recreation & Community Services Commission and adopt the name of "Cypress Cultural Arts Center" for the newly acquired facility. Item 418: Consideration of New Activity Classes and Fees for the Spring Session. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, ratify the recommendation of the Recreation & Community Services Commission and accept the new Spring classes and fees as outlined in the report. Item #] 8a: Consideration of Proclaiming the Month of February 1082 as Children's Dental Health Month. Recommendation: That the Mayor and City Council officially proclaim the month of February ] 982 as "Children's Dental Health Month" in the City of Cypress as requested. In regard to Item f~13, Consideration of Sub-lease Between the City of Cypress and the Cypress Teachers' Association for Use of a Classroom at the Oxford Facility, Councilman Coronado addressed questions relative to the term of the sub-]ease and the lease payments. The City Manager reported that the Teachers' Association was aware that the sub-lease would extend from January to July, and that the technical school would occupy the building in July. He reported that the lease amount was equal to that which the Teachers' Association paid at their previous location. It was moved by Councilman Coronado and seconded by Mayor Mullen to approve the sub- lease between the City of Cypress and the Cypress Teachers' Association for use of a classroom at the Oxford facility. 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 FIREWORKS BAN: The City Manager presented a report dated January 19 which outlined actions that the Council had taken relative to a ban of fireworks. The City Attorney reported that S.B. 999 would soon go to the Governor and the League urged cities to communicate their opposition to the Governor and Senate. S.B. 999 would repeal city ordinances which ban fireworks sales. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, spoke in support of a ban on the sale, use and possession of fireworks and felt that action taken by the City of Cypress would influence what action is taken by the State. Mr. Ilardcastle recommended that Cypress take a stand on this issue before the next fourth of July. He stated many fireworks which are designated as safe and sane by the State Fire Marshal are actually not safe and have been responsible for starting fires. -8- 043 City Council Minutes January ?5, 1982 Councilmembers Coronado and Lacayo indicated that the City's ordinance would be an effective tool in controlling fireworks and felt the ordinance should be enforced. Councilman Rowan suggested that the Council communicate to our State Senator its disapproval of S.B. 999 and the progosed preemption of local control of fireworks. Mayor Mullen agreed that the Council should contact Senator Carpenter and express its opposition to the removal of local control. He felt a total ban on fireworks would, increase the use of illegal fireworks which present a greater threat to lives and property. It was moved by Mayor Mullen and seconded by Councilman Coronado to direct the Mayor to send a commtmication to Senator Carpenter expressing the City's vehement opposition to S.B. 999 for reasons that it would invade local control and invalidate Cypress' fireworks ordinance. The motion unanimously carried by the fo}lowing roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & ~ullen NOES: 0 COUNCILME~BERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF CITY NEWSLETTER ARTICLES: The City Manager presented a report dated January ] 9 which transmitted the draft Spring newsletter articles. Mayor Mullen requested that the Ball Road bike trail article be rewritten to reflect that the project is completed, and he made a typographical correction to the article on the Cypress Youth Commission. Councilman Coronado suggested that the newsletter include another reminder about cleaning up after 0ogs. The City Council received and filed the report. CONSIDERATION OF CITIZENS COMMITTEE ON BEAUTIFICATION AND SPRING CLEAN UP CAMPAIGN~ 198Z: The City Manager presented a report from the Community Development Director dated January 1Z describing the proposed spring clean up campaign for 1982 which included formation of a citizens committee. Councilman Lacayo suggested that the Los Alamitos-Cypress Disposal Company be contacted to determine if they would participate in this annual program which may help reduce the costs. I4e also suggested that the annual spring clean up campaign be included in the refuse collection contract and discussed at the contract renewal time. It was moved by Councilman Lacayo and seconded by Mayor Mullen that the Council direct the formation of a citizens committee on beautification and approve an appropriation of $7,11Z.00 to Account ~193.06 for funding of the 198Z Spring Clean Up Campaign, and request that the City Manager contact the Los Alamitos-Cypress Disposal Company to seek their participation in the annual program. 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 APPIROVAL OF COMMERCIAL WARRANT LIST: It was moved by Mayor Mullen ant] seconded by Councilman Partin to approve the Warrant List for Warrants ~70669 through ~708Z1 in the total amount of $565,10Z.29. The motion unanimously carried by the following roll call vote: AYES: $ COUNCILMEMBERS: Coronado, Lacayo~ Partin, Rowan & Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBEI~S: None SECOND READING OF ORDINANCE I~E: CHANGING THE DATE OF THE GENERAL MUNICIPAL ELECTION: It was moved by Councilman Lacayo and seconded by Mayor Kullen to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: OPDINANCE NO. 685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CHANGING THE DATE OF THE GENEI~AL MUNICIPAL ELECTION TO COINCIDE WITH THE DATE OF THE STATEWIDE GENERAL ELECTION. --9- 044 City Council Minutes January Z5, 1982 The motion carried by the fo]lowing roll call vote: AYES: NOES: ABSENT: 3 COUNC]LMEMBERS: Lacayo, Partin & Mullen Z COUNCILMEMBERS: Coronado & Rowan 0 COUNCILMEMBERS: None 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 Mayor Mullen and seconded by Councilman Lacayo to approve the District Warrant List for Warrants 4~13859 through #13888 in the total amount of $115,526.29. 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 Mayor Mullen announced that the Council had received a letter of resignation from Recreation & Community Services Commissioner Francis Boykin. It was moved by Councilman Lacayo, seconded by Mayor Mullen and unanimously carried to receive and file the letter of resignation and to direct the staff to advertise for applicants to fill the vacancy. The City Manager stated that he would also provide the Council with a list of persons who had previously applied, after determining if they are still interested in serving on a commission. ORAL COMMUNICATIONS: No oral communications were presented at this time. ADJOURNMENT: Mayor Mullen adjourned the meeting at 10:05 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: ITY CLERK OF THE CITY OF CYPRESS -I0-