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HomeMy WebLinkAboutMinutes 82-03-22O82 ~INUTES OF A I~EGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 22, 1982 The regular meeting of the Cypress City Council was called to order at 6:32 p.m. on Monday, March 22, 198Z, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Gerald Mu]len presiding. PR ESENT: ABSENT: Councilmembers Coronado, Lacavo, Partin, Rowan and Mullen None Also present were City Manager/City Clerk Darrel] Essex, City Attorney John Murphy, and the following staff members: Barrett, DeCarlo, Dunn, Lamm, Lowenberg, Powell and Schat z ed er. PLEDGE OF ALLE~IANCF: The City Attorney le0 the pledge to the flag. PRESENTATION OF WINNERS OF TIlE CRIME PPEVFNTION POSTER CONTEST SPONSOPED BY TI4E CYPRESS PUBLIC SAFETY EMPLOYFES ASSOCIATION: Mayor Mullen displayed the winnin~ posters and presented a first place tronhv to Amy Ciesinski of Luther School and a second place trophy to Tracy Matsuo of Morris School. Oina Gonzalez of Vessels School was the winner of the third pIace trophy. PRESENTATION BY MR. GORDON ELSEP OF THE ORANGE COUNTY WATER DISTPICT REGARDING THE STATE WATER ACT OF 1980: Mr. Gordon Elser gave a slide presentation describing, the proposed Peripheral Canal project in the Sacramento-San Joaquin Delta area. Mr. Elser stated there is a drive to educate peovle in Southern California about the need for the project since Southern Californians are complacent about the project as opposed to residents of Northern California who are emotional about the issue. Mr. Etser rec~uested a copy of the City's resolution in support of the Peripheral Canal project which will appear as Proposition 9 on the June 8 ballot. ORAL COMMUNICATIONS: Mayor Mullen asked if anyone wished to speak in regard to any matter not on the agenda. Commander Bill Hamlin and Mr. Joe Sheets of the Cypress VFW Post presented Mayor Mullen with a Certificate of Appreciation thanking the City Council for their cooperation and efforts in helping the VFW find a new Post home in Cypress. Mrs. Mary Van den Raadt, 8644 Acacia Drive, Cypress, expressed her concern with an accusation made by another property owner on Acacia Drive that she was in collusion with the City Council. She stated she had never discussed the Acacia Drive prchlems personally with any Councilmemher. Mrs. Van den Raadt described a series of harassment-type actions by her neighbor Sinclair and reported that this harassment has continued for five years. MINUTES: It was moved by Mayor Mullen, seconded by Councilman Lacavo and carried, with Councilman Coronado abstaining, to approve the minutes of March 8. STAFF REPORTS & DISCUSSION: At tbe City Manager's request, Mayor Mullen added Item #]4a to the agenda regarding a proclamation for Fair Housing Month and Item 4~4b regarding a proclamation for General (Women's Club) Federation Month. Mr. William Sinclair, 8602 Acacia Drive, Cypress, requested that the Public Hearings regarding Amendment to the Zoning Ordinance #8Z-2 and Review of Conditional Use Permit ~78-11, Wiersma Hay Company, be continued until his legal representative is present. Hearing no objections, Mayor Mullen continued these public hearings until later. EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 7:08 p.m. for matters of litigation. The meeting was called back to order at 7:25 p.m. with ali Councilmembers present. Mr. Perez, 9Z92 Lime Circle, Cypress, representing the Cypress Pony Colt League, invited the Councilmembers to attend their opening day ceremonies on Saturday, March ZT, at 9:30 a.m. at Oak Knoll Park. City Council Minutes March 2Z, ]982. 083 PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MP. MICHAEL D. BUEL ON BEHALF OF ROSE HILLS MEMORIAL PARK ASSOCIATION: Mayor Mullen opened the public hearing. The City Manager presented a report dated March ] 6 indicating that an application was submitted for a Special Permit to allow door-to-door solicitation for the sale of cemetery plots by the Pose Hills Memorial Park Association. No communications were received regarding the application and the Police Department's investigation found, no basis to protest [,ranting of the permit. Mr. Bob Speer, ] ?403 Rose Drive, V~hittier, representing the applicant, stated they will conform to the solicitation hours of 9 a.m. to 5:30 p.m. Monday through Friday. Mayor Mnllen asked if anyone wished to speak in support or in opposition to the application. No one else wished to speak. It was moved by Mayor Mullen and seconded by Councilman Laca¥o to close the bearing and approve the Special Permit for Rose Hills Memorial Park Association subject to the condition that solicitation shall be limited to the hours of q a.m. to (~ p.m. (daylight hours onlyl Monday through Saturday. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBE12S: Coronado, Lacavo, Partin, Powan & Mullen 0 COUNCILMEMBEPS: None 0 COUNCILMEMBEPS: None PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PEPMIT i'81-3, CAELE TV RECEIVING STATION, LOS ALAMITOS COUNTRY CLUB, 4961 KATELLA AVENUE~ CYPRESS: Mayor Mullen opened the public hearing. The City Manager requested that the hearing be continued to the April Z6 meeting to allow staff to meet with the applicant to study the proposal and status of the current conditional use permit. Hearing no objections, Mayor Mullen continued the public bearing to the April 26 meeting. PUBLIC HEARING RE: ADOPTION OF RESOLUTION TO PROVIDE FOR ENFORCEMENT OF CERTAIN VEHICLE CODE SECTIONS AT CYPPESS SOIJARE SHOPPING CENTER~ NORTHWEST CORNEi~ OF LINCOLN & MOODY: Mayor Mullen opened the public bearing. The Public Works Director summarized a report dated March 8 indicating that the Traffic Commission recommended adoption of the Resolution to increase the City's enforcement capability of Vehicle Code Section El 107.8 in the Cypress Square center parking lot. The Police Department bas experienced minor problems in the lot and requested the increased enforcement ability. The property manager agreed to install the necessary signs at the parking lot entrances. Councilman Rowan recommended that the City request a letter from the property owner authorizing the City's entry onto the property. He felt such a letter may clear up any possible misunderstandings on the part of tenants in the center. Mayor ~aullen recommended that the Resolution contain a hold harmless clause to address the City's enforcement activities on the private property. Mayor Mullen asked if anyone wished to speak in support or in opposition to adoption of the Resolution. There was no one wishing to speak. It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the public hearin~ and adopt the Pesolution by title only, title as follows, enabling enforcement of California Vehicle Code Section 21107.8 on the parking lot at the northwest corner of Lincoln Avenue and Moody Street, and to approve the inclusion of a bold harmless clause in the Resolution and an additional provision in Section 3 requiring that, prior to the City's enforcement, the propertv owner shall submit a letter granting the City permission to enter the proper tv: I~ESOLUTION NO. ?-498 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROVIDING FOR THE ENFORCEMENT OF CEPTAIN PI~OVISIONS OF THE VEHICLE CODE ON PRIVATELY OWNED OFF-STPEET PARFING FACILITIES. -2- 084 City Council Minutes March ~?, 198Z The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: q COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado~ Lacayo~ Partin~ Rowan 8~ Mullen None None PUBLIC HEAPING I~E: grEED ABATEMENT PROGt~AM FOR 1982: Mayor Mullen opened the public hearing. The Public Works Director presented a report dated March 8 indicating that the purvose of the public bearing was to hear any objections or individual protests to the greed Abatement Program. He reported that tbe properties in need of abatement were posted and the owners were mailed a certified letter advising them of the public hearing date. He reported that theprolaerty ownersbave a period of approximately 30 days after receiving notice in ~vhich to clear their property or the nroperty is cleared by the City's contractor. Mr. Jess Black~ 54Zg De I.ong, Cypress, reported that his property was posted and he received a weed abatement postcard but the card lacks a deadline date before which DroDertv owners should clear their property. Mr. Black recommended that a deadline date be inc.luded on the card for the property owners' information. Mr. Black reported that he prefers to clear the weeds himself since 'at one time his driveway was damaged by the City's contractor. Staff reported that the postcard contains the information specifically reouired bV Government Code Section 39566. Mayor 5Sullen requested that the card provide the date when the contractor is expected to begin his weed abatement work. The Mayor asked if anyone else wished to speak. There were no other speakers. It was moved bv Mayor Mullen and seconded by Cmmcilman Coronado to close the public hearing and adopt the Resolution by title onlv~ title as follows: RESOLIJTION NO. 7400 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLAPING THAT WEEDS GROWING UPON OR IN FRONT OF~ AND RUBBISH, ]REFUSE AND DIRT UPON O12 IN FRONT OF CERTAIN PROPERTY IN THE CITY CONSTITIJTE A PUBLIC NUISANCE AND ORDERING WIlE ABATEMENT THEREOF. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBEt~ S: Coronado, Lacayo, Partin, Powan &-- Mullen None None It was moved by Mayor Mullen and seconded by Councilman Lacavo to adovt a policy that future weed abatement postcards shall contain a statement notifying property owners of the date when the City proposes to commence the weed abatement work. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacavo, Partin, r?owan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE ~8Z-Z (ACACIA DRIVE): Mayor Mullen ovened the public hearing. The City Manager ¢resented a report dated March 16 indicating that the bearing had been continued from the ivlarch 8 meeting. The report transmitted the Ordinance which the City Attorney had been requested to prepare. The City Attorney stated the Ordinance attempts to provide a special amortization period for non-conforming uses in the RS-I5~000 Zone. Uses which have been in business for at least Z0 years are provided a five-year amortization period. Councilman Rowan stated the Ordinance did not address non-conforming uses which have been in operation for less than Z0 years because no such uses existed in the RS~I~%000 Zone, Mayor Mullen asked if anyone wished to speak in regard to the proposed Ordinance. -3- City Council Vinutes March 2Z, 1982 Mr. Richard Knickerbocker, attorney representing Mr. Bill Sinclair of 86011, Acacia Drive, stated his client opposes the Ordinance. He stated they feel the amendment wonld he an improper change to the detriment of the neighborhood since it would permit a non- residential, incompatible use that would violate the City's Zoning Ordinance as well as various sections of State and Federal law. Mr. Knickerbocker felt the one commercial business on Acacia was an illegal use and not a licensed non-conformin~ use. He stated the proposed Ordinance, by making the use leeal~ would violate the State Planning Act which requires zoning to be uniform. [te felt the amendment would constitute spot zoning designed to provide a special favor to a special person in a zone where the use is not permitted, and such action would violate the State anti-trust act (Cartright Act) and possibly the Federal civil rig. bts act. Mr. Knickerbocker indicated that adoption of the special use wonld create a public nuisance for which the City could be liable, lqe stated that approval of the commercial use in the midst of a residential zone would not achieve compatibility and that the commercial rise was in violation of the lam'. He indicated that his client has asked him to proceed if the Council does not enforce the la,x,. Mayor l~q~llen asked for an explanation of the alleged violation of the anti-trust law. ~r. Knickerbocker stated that By virtue of the special legislation in granting the particular commercial business a special favor~ the special favor creates a monopoly by the individual since no one else can operate a similar business in that zone. The City Attorney responded to the comments and reported that the Ordinance would apply only to non-conforming uses which are defined in the City Code as those which were legal when first in operation but which do not conform to the current provisions of the Zoning Ordinance. He stated the Ordinance seeks to establish an appropriate amortization period for the legal non-conforming use, and the Ordinance would not apply to an illegal use. Mr. Knickerbocker stated he had found no evidence that the commercial use was licensed under the County prior to its incorporation into the City. He indicated that, regardless of the use's present status, the use would gain a sense of legality if the Council approved one of the three alternative proposals suggested by staff. Mr. l(nickerbocker indicated that his client intended to pursue a lawsuit in order to stop the use and its encroachment upon the residential nature of the neighborhood and stated the City could avoid involvement in the legal action. The following persons spoke in support of adovtion of the Ordinance. All of the speakers indicated they had no comvlaints with the Espinoza business and reported that it is a clean and quiet operation, the trucks do not use excessive soeed, and the business creates less traffic than the pre-school: Mrs. Judy Daniels~ 8542 Acacia Drive Mr. Chris Van den Raadt, 8644 Acacia Drive Ms. Joyce Dubbs~ an employee of the Esvinoza business Councilman Lacayo requested an Executive Session to discuss litigation mattera relating to this item. EXECUTIVE SESSION:. Mayor Mullen called an Executive Session for litigation matters at 8:05 p.m. The meeting was called back to order at 8:25 p.m. with all Councilmembers present. At the Council's request, the City Attorney summarized the proposed Ordinance. I4e indicated that the Ordinance does not attempt to determine whether any of the uses on Acacia Drive have a legal non-conforming status. The Ordinance addresses legal non- conforming uses in the RS-I 5~000 gone and provides a five-year amortization period for those which have been in continuous o¢eration for 20 or more years. Mr. Murphy stated that he and the City Council have not received information to demonstrate that the sewer contracting business is illegal. It was moved by Councilman Rowan and seconded by Councilman Coronado to close the public hearing, order the followin? Ordinance read. by title only, title as follows, and to approve the first readln~ of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 16.8 OF ORDINANCE NO. 640, THE ZONING OPDINANCE OF SAID CITY, RELATING TO NONCONFORMING USES. -4- 086 City Council Minutes March ZZ, 1982 The motion unmnimously carried by the following roll call vote: AYES: 5 COUNCILMEI~BERS: Coronado, Lacayo, Partin, Rowan & Mullen NOES: 0 COUNCILMEMBEi~S: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF PUBLIC HEARING RE: REVIEW OF CONDITIONAL USE PERI~IT it78- ]l~ WIERSMA HAY COMPANY~ 425Z CRESCENT AVENUE, CYPRESS: lkaavor Mullenopened the public hearing which had been continued from the l~.%rch 8 meeting at the applicant's request. The Community Development Director summarized a report dated March I which reviewed the hay sales operation from the time of its a~proval in l 978 to the present. Mr. Lamm reported that, for the past two years, continuous complaints have been received from two property owners whose primary objection was to the increase in truck activity on the property. Ne reported that the original business was sold and the new business owner had agreed to abide by the use permit conditions. }.ar. Lamm presented slides showing, the extent of truck activitv on the property and stated they indicate that there is considerable truck activity which is a source of irritation to neighbors. He reported that Condition iil of the use permit states that the hay sales business shall be an accessory use on the property and must be conducted in a manner which does not constitute a nuisance to adjacent neighbors. Mr. Lamm indicated that staff no longer feels the hay sales are an accessory use because tbe large number of trucks outweighs the principal land use, and the on-goin~ complaints to the Police Department have been verified. He reported complaints have been received about hay deliveries occurring on Sunday, which are prohibited by Condition iii', and the new owner has assured staff that the Sunday deliveries will not reoccur. Mayor lX~ullen asked if anyone wished to speak in suvport of the conditional use permit. Mr. H. V. Lawmaster, 4252 Crescent, Cypress, the applicant and business owner, stated he has assured the staff that Condition it2 will be corrected. With re~ard to Condition itl, l~r. Lawmaster stated he did not know the basis of the complaints other than the presence of trucks on the propertv. He stated the trucks are a necessary ingredient of the business. Mr. Lawmaster stated there is no condition which prohibits the use of trucks in the conduct of the business and no condition which stipulates a specific quantity of hay. He stated he will make every effort to clean up the operation to aPeviate the neighbors' concerns. Lawmaster reported that the residence on the property is the principal residence of his partner and that the hay sales are an incidental use. He stated their position is that they would prefer the revocation of the permit with sufficient time for them to relocate rather than an amendment which prohibits trucks on the property. Mr. Lawmaster reported that they would need a minimum of two years in which to relocate the business. The City Attorney stated that if the Council finds that the use permit conditions or terms have been violated, then the Council may revoke the use permit or modify it by imposing a time limitation. In the absence of these findings, the Council's ability to modify the C.U.P. is contingent upon an agreement with the holder of the conditional use permit. Mrs. Judy Daniels, 8542 Acacia Drive, stated she is the only property owner whose home directly faces the hay business. She did not favor elimination of the business becmme it is a convenience to the neighborhood but stated she'd like to see the operation reduced and truck activity limited to the extent when the previous owners operated the business. She suggested that the trucks could be stored on a lot elsewhere. Mayor Mullen requested an opportunity to read the conditions of the use permit. RECESS: The Mayor called a recess at 8:40 p.m. The meeting was called back to order at 8:47 p.m. with all Councilmembers present. Councilman Partin reviewed the reasons for the Planning Commission's approval of the conditional use permit in 1978. He reported that the original applicants were unable to store feed on their lot in Cerritos because of their fear of theft and they wished to store bay for personal use on the Acacia property. He indicated the Commission had approved the permit because many of the Acacia Drive residents had requested tbe convenience of buying hay locally for their animals and because the only other retail feed store in Cypress }{ad gone out of business. Councilman Partin stated the permit was approved on good faith that the business would be a local neighborhood use beneficial to the community. Mayor Mullen agreed that the Planning Commission intended the use to be a local neighborhood business to serve the needs of the street. He stated many of the Acacia Drive residents testified as to the need for this service in the local community. -5- City Council Minutes March ?.Z, 198Z 087 Mayor Mullen asked if anvone wished to speak in opposition to the conditional use permit. Mr. Richard Knickerbocker stated bis client, Mr. Sinclair, favors revocation of the conditional use permit. Mr. Knickerbocker stated the hay business has become illegal because it is no longer complimantarv to or harmonious with existing uses as required by the Zoning Ordinance and it is a commercial exploitation of the residential area. }Se stated the truck deliveries create a nuisance situation and there are clear violations of the use permit conditions. Mr. Everett Weerheim, 8551 Acacia Drive, reported that he had complained about the bay business in 1977 to the City's Zoning Inspector and had 0uestioned the status and location of the Wiersma cattle company, l~.'r. Weerheim stated he opposes the hay business and would favor its immediate termination. He expressed objection to the amount of bay deliveries and stated the truck noise is a nuisance especially during the summer. Mr. Bill Sinclair, 860Z Acacia Drive, stated that any use, including the bay business and all non-conforming uses, which de~rades any part of a zone degrades the entire zone which is the reason behind his action. Mrs. Mary Van den I~aadt, 8644 Acacia, and Mrs. Judy Daniels, 854? Acacia Drive, stated that Mr. Knickerbocker did not represent them in his testimony to the Council. Mr. Chris Van den Raadt, 8644 Acacia Drive, reported that several property owners on Acacia had received offers to buy their property and that Mr. Sinclair did not wish to sell. There were no further speakers from the audience. In response to a question from Councilman Lacayo, the City Attorney stated that~ if the use permit was revoked due to a violation of a condition, no new application for the same or substantially similar use on the subject property could be filed within one year. He stated any of the other property owners in the RS-I 5~000 Zone could apply for a conditional use permit to allow the sale of feed for animals permitted in the zone. Councilman Lacavo stated he felt the hay. business had far exceeded the original intended use. He recommended that a period of six months be provided for relocation of the business and that the revocation be effective six months following the Council's action. It was moved by Councilman Lacayo and seconded by Mayor Mullen to continue the public hearing to the April IZ meeting and request the City Attorney to prepare a Resolution which outlines the findings which are the basis for revocation of the conditional use permit, declares that the use permit is revoked and provides that the use shall cease within a period of six months. Mr. Lawmaster stated that six months is not enough time to relocate the business. Councilman Rowan pointed out that there was almost unanimous support from residents for the original hay business and that the Council's termination of the business may not be serving the needs of many people in the area. Mayor Mullen stated that the applicant may address the relocation period and the residents may express their support for the business at the next meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMFI~BERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF STORAGE BUILDING AT THE COMMUNITY CENTER AT 5700 ORANGE AVENUR~ (~l'r~ OF CYPR~:SS PROJECT #SZZZ-90: The City Manager presented a report from the Public Works Director dated March 11 which listed 14 bids received. The Pecreation & Park Director responded to questions regarding the need for the additional storage facility. He reported that the locks to the District's storage facilities are periodically changed to avoid thefts. -6- O88 City Council Minutes March 22, 1982 Acting as the ex officio Board of Directors of the Cv-press Recreation & Park District, it was moved by Councilman Coronado and seconded by Mayor l~&lllen to determine that the lowest responsible bidder for Project ~821;1Z-90 is Larsen & Leaverenz, Inc., P. O. Box 56!, Monrovia, California, and award them the contract to construct the storage building at the Community Center in the amount of $76,q48.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacavo, Partin, Rowan & Mullen 0 COUNC1LMEMBERS: None 0 COUNCIJ~MEMBERS: None CONSENT CALENDAR: Mavor Mullen announced tbat ali items listed on the agenda under "Consent Calendar" were to be considered bv the Council as routine and enacted hy one motion approving the recommendations on the agenda. It was moved by Mayor Mullen and seconded bv Councilman Coronado to approve Items #4 through ~14b on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIl, MEMBERS: 0 COUNCIl, MEMBER S: 0 COUNCII. MEMBERS: 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 Alcoholic Beverage License Transfer Filed by Kuru Cha Kin, DBA Cypress Inn, 5731 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item ~6: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Kenneth M. Fuiimoto, DBA Cypress Family Billiard Room, 6287-89 Ball Road, Cypress. Recommendation: Peceive and file. Item ~7: Consideration of Authorization to Attend the 1982 I'!ational Planning Conference. Recommendation: That the City Council authorize the Community Development Director, Don Lamm, to attend the National Planning Conference scheduled to be held in May 1082 in Dallas, Texas, and be reimbursed for all actuaI and necessary expenses. Item #8: Consideration of Agreement for Engineering Design of C'ovote Cree~r Bike Trail, City of Cypress Project {821q-o0. Recommendation: That the City Council approve the Agreement for engineering design of the Coyote Creek Bike Trail, Project ~gZl9-q0, and authorize the Mayor to sign the Agreement and the City Clerk to attest the Agreement, subject to approval of the City Attorney. Item ~9: Consideration of Employment List - Custodian. Recommendation: That the City Council certify the employment list for the position of Custodian. Item #10: Consideration of Authorization to Attend the 34th Annual California Transportation and Public Works Conference. Recommendation: That the City Council authorize the attendance of the Assistant City Engineer to the 34th Annual California Transportation and Public ~¥orks Conference to be held on A~ril 28-30, 198Z, in Oakland, California, and be reimbursed for all actual and necessary expenses. Item # 11: Consideration of Walker-Crescent Northeast Annexation #SZ-I to the City o£ Buena Park. Recommendation: Receive and file. -7- City Council ~inutes March 22, 1982 089 Item ~12: Consideration of Resolution Urging a Yes Vote on the Referendum or the ]080 State Water Act (SB Z00) Appearing on the June 8, ]982 13allot. Recommendation: That t}'e City Council adopt the Resolution by title only, title as follows, urging a Yes vote on the Referendum designated as Proposition 9 on the June 8, 1982 ballot: RESOLUTION NO. 2500 A ]~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS UPGING A YES VOTE ON THE I~EFERENDUM ON THE 1980 STATE WATER ACT (St~ ~00) APPEARING ON THE JUNE 8~ 1982 BALLOT. Item #13: Consideration of Proc]aiming the Month of April l OR7, as Neighborhood Watch Month. Recommendation: That the Mayor and City Council officially proclaim the month of April 1982 as "Neighborhood Watch Month" in the Citv of Cypress. Item ¢]4: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Eunsook and Hakno Lee, DBA Antony's Italian Foods, 5l ~ 1 l~al] Poaa, Cypress. Recommendation: Receive and file. Item ¢]4a: Consideration of Reeuest from the Orange County Fair Housin~ Council to Proclaim April 1982 as Fair Housing Month. Recommendation: That the Mayor and City Council officially proclaim the month of April 1982 as "Fair Housing Month" in the City of Cypress as requested. Item ¢]4b: Consideration of Request from t}~e ~.romen's Club of Cypress to Proclaim April 1982 as General Federation Month. l~ecommendation: That the Mayor and City Council officially proclaim the month of April ! 982 as "General Federation Month" in the City of Cypress as requested. CONTINUATION OF CONSIDERATION OF INVESTIGATIVE REPORTS ON THE TEXACO TANK FARM EMISSIONS: The City Manager presented a report dated March 16 which transmitted communications from the South Coast Air Oua]it¥ Management District and the Orange County Health Department relating to the investigation of emissions from the Tank Farm. The City Manager also transmitted an additional communication from the Health Department which provided vital statistics for the residential areas adjacent to the Tank Farm. The Health Department's analysis of the vital statistics found nothing unusual in the area relative to deaths or birth defects. Mayor Mullen stated the supplemental report was complex and that be would like additional time to review it. It was moved hv Mayor Mullen, seconded by Counc{lman Lacayo and unanimouslv carried to continue this matter to the April IZ meeting. CONTINUATION OF CONSIDERATION OF RECOMMENDATIONS OF TRAFFIC COMMISSION MEETING OF FEBRUARY ]6~ ]982: The City Manager presented a report dated March 16 indicating that this item had been continued from the March 8 Council meeting at the request of Councilman Coronado. Councilman Coronado spoke in regard to the Traffic Commission's denia] of a crosswalk request for the intersection of Vralker Street and Aspen Street. He stated that it is quite a distance for persons wishing to visit the shopping center to have to ~a]k to either Ball Road or Orange Avenue in order to cross Walker at a signal. Councilman Coronado reported that he has seen persons crossing Walker in heavy traffic and he felt the lack of a marked crosswalk could encourap~e jaywalkin~ or lead to serious accidents for children. Councilman Coronado felt striping~ signs or a flashing signal should be installed to warn motorists of the crosswalk location. Mr. Schatzeder stated that the extension of a sidewalk to an intersecting street is a legal crosswalk whether or not it is marked and that crossing at this location would not be considered jaywalking. -8- 050 City Council Minutes March Z2, 1982 Councilman Rowan stated he would oppose a marked crosswalk at this location because his experience has been that crosswalks at mid-block can result in accidents because they give pedestrians a false sense of security. Councilman Coronado pointed out that there is a marked crosswalk across Ball l~oad at Grindla¥ Street and Ball Road is difficult to cross because of the high speed of traffic. The City Manager stated staff was of the opinion that a marked crosswalk would give pedestrians a false sense of security. Mr. Schatzeder indicated that the Walker/Aspen intersection presents a hazardous situation because there are many conflicting traffic movements in the area and because of the high speed of traffic on Walker. He felt that this hazardous situation causes pedestrians to Day more attention to oncoming traffic in the absence of a marked crosswalk. Mr. Schatzeder reported that the Ball/Orindla¥ striped crosswalk has been established for several years and a change would be difficult to make since pedestrians are accustomed to tbe marked crosswalk. The Police Chief reported that recently radar has been in the area of Grindlav and Pall often. }~e renorted the accident rate is low at this location. Mr. Schatzeder reported that there have been no pedestrian accidents at Walker and Aspen according to the accident blstorv for this location. It was moved by Mayor ~ullen and seconded by Councilman Lacayo to approve the recommendations of the Traffic Commission as outlined in the staff report dated March 1 and adopt the Resolution by title only, title as follows, establishing a "No Parking" area on the south side of Orange Avenue from Via Entrada to 50 feet westerly, and on the east side of Valley View from Lincoln Avenue to 250 feet south of Lincoln: RESOLUTION NO. 2501 A RESOLUTION OF THE CITY COUNCIL OF TPE CITY OF CYPRESS ESTABLISHING "NO PAPKIN©" AREAS. The motion carried by the fo]lowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen 1 COUNCILMEMBERS: Coronado 0 COUNCIL}~EMBERS: None Councilman Rowan requested that the matter of the P, all/C-rindlav crosswalk be referred to tbe Traffic Commission for their review and recommendations. CONTINUATION OF CONSIDERATION OF CONTRACT FOR MAINTENANCE SEI~VICE OF POLICE VEHICLES: The City Manager presevted a report dated March ] 6 which transmitted a supplemental report from the Public Works Director dated March 15. The Public Works Director summarized the supplemental report which outlined staff's reasons for recommending the outside contract for tune-ups and electronic ignition work on eight Police patrol vehicles. The City Manager reported that, if the Council approves the request, an appropriation of $3,800 to the garage operation will be necessary for the remainder of the fiscal year. Councilman Rowan indicated that an outside garage which services many types of vehicles is more likely to have the sophisticated equipment which is required to detect problems with the electronic ignitions and new fuel systems. It was moved by Councilman Rowan and seconded by Councilman Lacavo to approve the award of a purchase order in the amount of $3,800.00 to Lyons Automotive ]Repair, Inc., 8080 Moody Street, Cypress, for automotive service as outlined in the staff report, and to appropriate $3,800 from the 90 Fund balance to Account #q0-4159-634.07. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCH~MEMBEI~S: None 0 COUNCILMEMI~ERS: None CONSIDERATION OF SELECTION OF AN IN-HOUSE, ON-LINE COMPUTER SYSTEM: .The Finance Director summarized a report dated March 16 which outlined the results of his analysis of data processing system proposals. He reviewed three charts showing the proposed departmental applications over a five-year period, the expansion capabilities of the proposed system, and a cost comparison of the ]? proposals which had been submitted. Mr. Powell -q- City Council Minutes M~tvch ZZ, 1982 091 reported that one of the goals of an in-house system was to educate all management personneI in the use of the computer which will provide them with better access to information. He reported that the proposed system will realize significant cost savings over the current service bureau, and the system did not include hiring additional personnel. Staff proposed to acquire the system through a lease/purchase arrangement. Mr. Powe]l responded to questions from the Council. Councilman Lacayo stated he felt that staff was committed to the in-house system, the in-house system would cost less than the service bureau and the system would provide the hardware cspabilitv to meet the City's future needs and could he shared with other cities. It was moved by Mayor Mullen and seconded bv Councilman Lacayo to authorize staff to undertake the contract negotiations necessary for the installation of an in-house com!0uter system witb Government Systems Group, Inc. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mu]len None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the Il'arrant List for Warrants #71178 through #71311 in the total amount of SZ52,fi79.41. 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 Mayor Mullen took Item ~31 out of order for the benefit of persons in the audience. CONSIDERATION OF PURCHASE OF ADDITIOI'TAL ANGEL MIX TRACTION (DIRT) FOR OXFORD BASEBALL DIAMOND PROJECT: The Recreation & Park Director presented a report dated March 11 which indicated that the placement of 100 tons of angel mix traction was necessary to complete the baseball diamond project. He reported that sufficient funds are available and no additional allocation is required. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Coronado and seconded by Mayor Mullen to approve the Cypress Federal Little League's request for the purchase of an additional 100 tons of Angel Mix traction as recommended by the Recreation & Community Services Commission. The motion unanimously carried by the follow~ng roll cai1 vote: AYES: NOES: ABSENT: 5 COUNCILMEMBER S: 0 COUNCILMEMBERS: 0 COUNCILMEMBER S: Coronado, Lacavo, Partin~ Rowan & Mullen None None CONSIDERATION OF NEW RECREATIONAL PROGRAMS: The Recreation Director presented a report dated March 11 describing five new recreational programs which would be provided on a self-supporting basis. The programs included: Cypress Centurion Basketball Camp, Spirit Camp, Aerobic Dancing, Copperplate Workshop and Bookbinding. Acting as the ex officio Board of Directors of the Cypress l~ecreation & Park District, it was moved by Mayor Mullen and seconded by Councilman Coronado to approve the new recreational program classes as recommended hV the Recreation & Community Services Commission. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacavo, Partin, Rowan & Mullen 0 COUNC]LMEMBERS: None 0 COUNCILMEMBERS: None -10- City Council Minutes March ;)g) ]982 CONSIDERATION OF PROPOSED FEE AND OPGANK~,ATIONAL CI4AMGES ~vO TEE INSTRUMENTAL MUSIC PROGRAM: The Recreatio~ Director presented a report dated March ] ] which described the proposed fee and organizational changes to the instrumental music program which includes the Youth ©rcbestra. The proposal included changing the nature and title of the program from Instrumental Music Instruction to the Cypress Community Youth Conservatory, the biting of specialists to teach separate music classes accordin~ to their specialization, creation of a Conservatory Coordinator/Conductor position and Conservatory Teacher position, restructuring of the instructor pay scale and participant fee increases. Acting as the ex officio Board of Directors of the Cypress Recreation ~- Park District, it was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the instrumental music program reorganization and fee increase as recommended by the Recreation & Community Services Commission. The motion unanimously carried bv the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBE]R S: 0 COUNCILMEMBERS: 0 COUNCILMEMBER S: Coronado, Laca¥o, Partin, .Rowan & Mu]]en None None CONSIDERATION OF DAY CAMP AND PRE-SCHOOL PROGRAM FEF INCPEASE: The Recreation Director presented a report dated March 1 ] describing proposed fee increases in the Day Camp and Pre-School programs. Staff indicated the increases were in response to rising costs and would allow the programs to continue on a self-sustaining basis. Acting as the ex officio Board of Directors of the Cypress ]Recreation b Park District, it was moved hV Councilman Coronado and seconded by Mayor Mullen to approve the fee increase and reorganization of the Day Camp Pro,ram and the fee increase for the Patchwork Pre- School Program as recommended by the Recreation & Community Services Commission, with the changes to be implemented in the Summer ~ 98Z session. The motion ananimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBEPS: Coronado, Lacayo, Partin, Powan & Mullen 0 COUNCILMEMBERS: None 0 COUNC]LMEMBERS: None CONSIDERATION OF CULTURAL ARTS CENTER ROOM FEES: The Pecreation & Park Director presented a report dated March ] I which described the proposed fees for use of the Cultural Arts Center facilities. He indicated the Cultural Arts Center will be utilized in the same manner as the Community Center for receptions~ socials and special meetings and similar user fee schedules would be applied. Acting as the ex officio Board of Directors of the Cypress ]Recreation & Park District, it was moved by Mayor Mul]en and seconded hv Councilman Coronado to approve the Cultural Arts Center room fees outlined in the staff report as recommended by the ]Recreation & Community Services Commission. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNC1LMEMBERS: 0 COUNCILMFMBERS: Coronado, Lacavo, Partin, Rowan & Mullen None None CONSIDERATION OF APPROVAL OF RECPEATION & PARK DIST]RICT COMMERCIAL WARRANT LIST: Acting as the ex officio Board of Directors of the Cypress l~ecreation & Park District, it was moved hy Mayor Mullen and seconded by Councilman Lacavo to approve the District Warrant List for Warrants 4~]4020 through #~4076 in the total amount of $48,819.87. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILb~EMBER S: 0 COUNCILMEMBERS: 0 COUNC]LMEMBERS: Coronado, Lacavo, Partin, Rowan & Mullen None None ORAL COMMUNICATIONS: No members of the audience spoke at this time. City Council Minutes March 22, 1982 093 The City Manager reported that Councilman Coronado had been appointed to the League's Committee on Revenue and Taxation and was requesting Council authorization for his participation and attendance at the Committee meeting on April 1. It was moved by Mayor Mullen and seconded by Councilman Lacayo to authorize Councilman Coronado to attend the April ~ meeting of the Committee on Revenue and Taxation and be reimbursed for all actual and necessary expenses. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCU~MEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None The City Mana~er reported that staff has planned a five-hour tour of senior citizens housin!a projects and he requested that the Council determine a date for the tour. The City Council decided to schedule the bus tour for Saturday, May 15. Councilman Coronado requested that the Casa Santa Maria seniors housing project in the City of Buena Park be consi0ered for the tour. EXECUTIVE SESSION: Mayor ,%~ullen called an Executive Session at 10:30 p.m. for matters of litigation. The meeting was called back to order at 10:45 p.m. with all Councilmembers present. It was moved by Mayor Mullen and seconded by Councilman Coronado to authorize staff to obtain an appraisal of the C-o]dman property located on Walker Street in the Civic Center area. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBER S: 0 COUNCILMEMBER S: 0 COUNC]LMEMEER S: Coronado, Lacayo, Partin, Powan & Mullen None None ADJOURNMENT: Mayor Mullen adjourned the meetin~ at 10:46 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK O~I~ THE CITY OF CYPPESS