HomeMy WebLinkAboutMinutes 82-06-14MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
June 14, ] 982
The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday,
June 14, I98Z, 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 City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and
the following staff members: Barrett, DeCarlo, Dunn, Lamm, Lowenberg, Powell and
Schat zeder.
PLEDGE OF ALLEGIANCE: Mr. Murphy led the pledge to the flag.
ORAL COMMUNICATIONS: Mayor Mullen asked if anyone wished to speak in regard to any
matter not on the agenda.
Mrs. Ann Cobb, 10401 St. Alban Street, Cypress, indicated she would like to discuss
disposition of the multi-purpose building at Eucalyptus Park. The Council advised her that
this matter was on the agenda (Item #7).
MINUTES: Mayor Mullen requested corrections in the minutes of May 24 concerning the
ballot measure to establish a sales tax for transportation purposes.
It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried to
approve the minutes of May 24 as amended.
STAFF REPORTS & DISCUSSION: Hearing no objections, the Mayor added the following
items to the agenda:
Item ~21 a regarding the State Budget,
Item #2lb regarding the Orange County Sanitation Districts,
Item #22a regarding an Executive Session for litigation matters, and
Item 4~21c regarding a Southern California Water rate increase
The City Manager reported that Congressman Patterson was planning a reception for City
Councils in the area on July 6 which may conflict with the Mayors and Councilmembers
Institute in Monterey. He suggested that the Council advise Congressman Patterson if they
would like to request changing the date of the reception.
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 ~4; Councilman Lacayo requested the
removal of Item ~7.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve Items ~1
through #14 on the Consent Calendar with the exception of Items #4 and 7. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
S COUNCILMEMBEiqS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item ~1: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item #Z: Consideration of an Application for an Original Alcoholic Beverage License Filed
by Hea Boong and Kwan Kyu Chung, DBA Cypress Farms Produce, 5491 Cerritos Avenue,
Cypress.
Recommendation: That the City Council receive and file this application contingent upon
the future approval or disapproval of a conditional use permit.
City Council Minutes
June 14, 1982
141
Item #3: Consideration of an Application for an Original Alcoholic Beverage License Filed
by The J.W. Cass Corporation, DBA Uncle John's Family Restaurant, 4498 Lincoln Avenue,
Cypress.
Recommendation: Receive and file.
Item 45: Consideration of Resolution Determining that Park and Recreation Fees May be
Used as Appropriated in the 1981-82 Budget.
Recommendation: That the City Council adopt the Resolution by title only, title as follows:
RESOLUTION NO. 2522
A RESOLUTION OF THE CITY COUNCIL OF THE crry OF CYPRESS
DETERMINING THAT PARK AND RECREATION FEES MAY BE USED AS
APPROPRIATED IN THE ]981/82 BUDGET.
Item 46: Consideration of Resolution Directing Year-End Transfers to the General Fund
Reserve.
Recommendation: That the City Council adopt the Resolution by title only, title as follows:
RESOLUTION NO. 7,523
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DIRECTIAIG YEAR-END TRANSFERS TO THE GENERAL FUND RESERVE.
Item 48: Consideration of Agreement for Custodial Services with the Orange County Board
of Education for the Cypress Community Day School.
Recommendation: That the City Cotmcil approve Amendment 41 to the agreement for
custodial services for the Cypress Community Day School and authorize the Mayor to
execute and the City Clerk to attest.
Item 49: Consideration of Reduction of Bonds for City of Cypress Projects 48124-10 and
~8130-10, the Panasonic Development (Katella Avenue, south side, east of Holder Street).
Recommendation: That the City Council authorize the reduction in bonds and authorize the
City Clerk to notify the Bonding Company to reduce bonds to ten percent and submit an
amended certificate.
Item 410: Consideration of Resolution of the City of Santa Ana Opposing Assembly Bill 3011
Which Provides that Cancer in Firefighters is Job Related.
Recommendation: That the City Council authorize the Mayor to transmit a communication
to the appropriate State Legislators opposing AB 301l.
Item 411: Consideration of Communication from the Foothill Corridor Marketing
Consortium, Inc. Requesting Support of Their Effort to Obtain U.S. Customs and Immigration
Services at the Ontario International Airport.
Recommendation: That the City Council adopt the Resolution by title only, title as follows:
RESOLUTION NO. 2524
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPPORTING EFFORTS TO OBTAIN CUSTOMS AND IMMIGRATION
SERVICES AT THE ONTARIO INTERNATIONAL AIRPORT.
Item 412: Consideration of Request from the Orange County Housing Authority to Appoint a
Representative and Alternate to Serve on the Advisory Committee of the Orange County
Housing Commission.
Recommendation: That the City Council appoint Associate Planner Christine Eynon as the
~ty s representative and Assistant Planner Vern Jones as the alternate to the Advisory
Committee of the Orange County ~ousing Commission.
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142
City Council Minutes
June 14~ 1982
Item 4~13: Consideration of an Application for au Original Alcoholic Beverage License Filed
by Nikolaos A. Vestakis, DBA Angelo's, 9935 Walker Street, Cypress.
Recommendation: That the City Council receive and file this application subject to the
future approval or disapproval of a conditional use permit by the City Council.
Item ~14: Consideration of Resolution Directing Year-End Transfers to the General Fund
Reserve - Cypress Recreation & Park District.
Recommendation: That the City Council, acting as the ex officio Board of Directors of the
Cypress Recreation & Park District, adopt the Resolution by title only, title aS follows:
RESOLUTION NO. 12,5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX
OFFICIO GOVERNING BOAI~D OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE
CITY OF CYPRESS, DIRECTING YEAR-END TRANSFERS TO THE
GENERAL FUND RESERVE.
In regard to Item ~4, Consideration of Employment List for Account Clerk I, Councilman
Coronado asked how long the vacancy has existed for the position. The Finance Director
reported that, upon the termination of an employee from the City, a temporary replacement
was made until a new recruitment list could be established for the Account Clerk I which has
always been a permanent position. He stated there is a need in the Finance Department to
fill the position.
It was moved by Councilman Coronado and seconded by Mayor Mullen to certify the
employment list for the position of Account Clerk I as submitted. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, l~owan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
In regard to Item ~7, Consideration of Gift of Existing Multi-Purpose Recreation Park
Building Located at Eucalyptus Park, 5900 Orangewood Avenue, City of Cypress Project
~8222-90, Mrs. Ann Cobb, 10401 St. Alban, Cypress, discussed her interest in forming a
community activity board which would consist of one representative from each community
and sports organization in Cypress. She reported that she organized the Los Alamitos-
Rossmoor Youth Athletic Association which includes a member from each community
organization. She stated it conducts fund raisers if a member organization needs support or
financial assistance. Mrs. Cobb reported that the Association had planned to donate the
building to be used as a snack bar and restroom facilities on the Los Alamitos High School
campus, but the School Board had declined, their offer.
It was moved by Mayor Mullen and seconded by Councilman Coronado to grant the request
for extension of time by the Los Alamitos-Rossmoor Youth Athletic Association and continue
this matter to the Council meeting of June 28. 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 USE OF ALUMINUM CONDUCTORS: The City ManaMer presented a
report from the Public Works Director dated June Z which discussed the history of use of
aluminum wiring in residences, problems associated with its use and two alternative methods
of correcting problems. Mr. Schatzeder reported that he would prepare a list of supply
houses which stock the copper/aluminum (CO-ALR) devices that includes price ranges. He
stated he would also contact contractors and prepare a listing of their estimated bid prices
for replacing receptacles. Mr. Schatzeder stated the intent was not to encourage
homeowners to perform the electrical work themselves but was to provide homeowners with
information on contractors' costs and supply sources. Mr. Schatzeder reported that City
plans do not indicate what type of wiring was used in home construction and home inspections
would be the only method of determining what type of wiring was used.
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145
City Council Minutes
June 14, 1982
It was moved by Councilman Coronado and seconded by Councilman Lacayo to request staff
to make an inspection of tracts in the City to determine which homes have aluminum wiring,
and that staff prepare information for residents which identifies the tracts where aluminum
wiring is used.
Councilman Rowan requested that staff provide a cost estimate for the inspections and
determine the number of tracts where aluminum wiring is used. He suggested that an
inspection could be made of one home in each tract to determine the extent of the problem.
Councilman Partin agreed that the Council should first determine the extent of the problem.
Councilmembers Coronado and Lacayo withdrew the motion and second.
Hearing no objections, Mayor Mullen requested that staff determine which homes were built
during the period when aluminum wiring was in use and report back to the Council on an
inspection program.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to receive and file the
staff report. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
$ COUNCILMEMBERS: Coronado, Laca¥o, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSIDERATION OF STATUS REPORT ON STREET TREE REPLACEMENT~ CITY OF
CYPRESS PROJECT 4~8Z09-10: The City Manager presented a report from the Public Works
Director dated June 3 which described a tree replacement policy as recommended by the
Council at the May Z4 meeting.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to concur with the policy
as outlined in the report. The motion unanimously carried by the followinR roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
CONSIDERATION OF RECOMMENDATIONS OF TRAFFIC COMMISSION MEETING OF MAY
18~ 1982: The City Manager summarized a report from the Public Works Director dated June
4 which described the Commission's actions concerning the Cypress School District traffic
requests, request for a crosswalk and/or signal at Orange and Peach, and the traffic problems
in the District 41 neighborhood.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to: (l) approve the
recommendations of the Traffic Commission as outlined in the report and adopt the
Resolution by title only, title as follows, (2) authorize staff to prepare plans and
specifications and obtain bids for the traffic signal on Moody Street, (3) authorize issuance of
a change order to Account ~10-4186-420.27 in the amount of $3,$80.00 to G. L. I<el]ar
Company, P. O. Box 5667, Long Beach, California, for removals and sidewalk construction on
the east side of Walker Street south of Orange, and (4) appropriate $3,725.00 to Account #10-
4186-$38.22 for the purchase of a used two-phase controller and cabinet and award a
contract for such equipment to Signal Maintenance, Inc., 2720 Regal Park Road, Anaheim,
California:
RESOLUTION NO. 2525
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A YIELD RESTRICTION AT THE INTERSECTIONS OF
GRENADA AVENUE WITH TOBAGO STREET AND GRENADA AVENUE
WITH MARACA STREET.
Councilman Coronado felt that students would probably take the shortest route to Swain
School by crossing Orange Avenue at Peach. He felt the Orange/Peach location presented a
dangerous situation for children and he expressed concern over potential accidents.
Councilman Lacayo felt children should not be encouraged to cross at Orange/Peach and
stated a worse hazard would be created if children cross there when school is not in session
and no crossing guard is present. Councilman Coronado asked if school children obeyed the
safe route to school directions.
144
City Council Minutes
June ~4, 198Z
Mr. William Calton, Cypress School District Superintendent, stated the District prefers to
have a route which children can consistently be directed to use. He reported that safe school
route maps are distributed to students and reviewed by students and teachers and the District
monitors the routes during the school year. Mr. Ca]ton reported that usually chl]dren comply
with the routes hut occasionally there are offenders.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen
1 COUNCILMEMBERS: Coronado
0 COUNCILMEMBERS: None
CONSIDERATION OF REPORT CONCERNING THE STRAIGHT TALK CLINIC~ INC. SWAP
MEET: The Community Development Director presented a report dated June 3 describing
the status of the conditlona] use permit application filed by Straight Talk Clinic. The report
also presented a summary of the swap meet activities conducted at two community colleges
in Orange County. Mr. Lamm reported there were no major problems with the two swap
meets conducted at Cypress College thus far. Chief Lowenberg reported there was a slight
traffic increase and that parking appeared to he the biggest problem, t~e reported that
several parking citations were issued. The Chief reported that the College and Straight Talk
Clinic were notified to correct the problems and that they are monitoring the situation well.
Councilman Lacayo felt the Council should be informed when the College plans to conduct
non-educational type activities.
Mr. Bruce Robbins, Director of Straight Talk Clinic, reported that the clinic is a non-profit
agency which provides family counseling and drug and alcohol treatment for adolescents. He
reported that proceeds from the swap meets will be shared by Straight Talk, Cypress College
and the Community College District, and there are provisions for other community non-profit
agencies to share in the proceeds of the event. Mr. ]~obbins reported that it is difficult to
estimate the amount of gross sales generated by the swap meet. He indicated that sellers
who participate on three or less occasions are exempt from sales tax; sellers who participate
four or more times require a resale permit which Straight Talk carefully monitors. Mr.
Robbins reported that they collected 80 resale numbers at the first swap meet and I1 were
Cypress residents.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to direct staff to prepare
a report outlining the conditional use permit conditions which the City recommends for the
swap meet. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacavo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNC]J~MEMBERS: None
Councilman Rowan indicated that he had attended both swap meets and reported there
appeared to be more than adequate parking and no major traffic problems. He felt
participants may be confused with the one-way traffic circulation on the property.
CONSIDERATION OF REPORT RE: SENIOR CITIZEN HOUSING TOUR: The Community
Development Director presented a report dated June 4 which described five senior housing
facilities included in the May 15 tour. Associate Planner Chris Eynon gave a slide
presentation which included a physical description of each project, funding methods, rental
rates, eligibility requirements, and types of amenities such as security, handicapped and
recreational facilities.
Mr. Morris Spatz, 4508 Larwin Avenue, Cypress, expressed concern about the quality of
construction of the Breal complex in Bred and indicated he notice8 exposed plumbing at this
development. He felt such construction would result in quick deterioration of the project.
Mayor Mullen stated his impression of the Heritage Park complex was that it was built
according to less stringent apartment standards and was designated as a seniors project for
marketing purposes.
Mrs. Spatz, 4508 Larwin Avenue, reported that Heritage Park was called an "adult" project,
not a seniors project, by the managers and that it would have been subject to different
regulations if it was developed as a senior citizens project.
Mayor Mullen requested that staff provide the Council with information on each of the
facilities toured including the size of the property, number of units built, and total cost of
the project including the funding sources and extent of city participation.
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City Council Minutes
June 14, 1982
145
Mr. Spatz stated the Senior Citizens Commission supported a project for Cypress residents
which can be built with a variety of private funding such as pension funds. Mr. Spatz felt an
ideal project would be similar to the Woodbridge complex. F~e suggested that Cypress'
project be built according to construction standards used in the federally funded projects.
Councilman Lacayo stated he preferred no ~overnrnental financing of a seniors project so
that the City would have control in providing housing for local residents. I-Ie requested that
staff investigate different financing methods such as bonds and present a report on the total
costs and rental charges for a typical 100-unit complex. He suggested that the seniors group
investigate the availability of State retirement funds. Councilman Coronado expressed
support for the City retaining its property and perhaps granting a 50-year lease. He
expressed support for a minimum 100-unit project to serve local residents. Councilman
Rowan requested staff to investigate the use of Revenue Sharing funds.
The City Council tabled, this item until staff presents its report.
CONSIDERATION OF REORGANIZING BOUNDARY LINE BETWEEN LOS ANGELES AND
ORANGE COUiN'flES: Mr. Lamm presented a report dated June 4 which summarized actions
that are necessary to effect the boundary change and annexation of property located north of
Crescent Avenue on the east side of the Coyote Creek Channel.
It was moved by Councilman Rowan and seconded by Mayor Mullen to request that staff send
letters to the 30 single-family homeowners inquiring if they are interested in annexation to
the City of Cypress. Councilman Coronado recommended that tbe letter to residents explain
the advantages of annexation. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNC]I. MEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacavo, Partin, Rowan &Mullen
None
None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by
Mayor Mullen and seconded by Councilman Coronado to approve the Warrant List for
Warrants 4~71880 through ~72013 in the total amount of $831,903.47. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
$ COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNC]LMEMBERS: None
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 414295 through ~14353 in the total amount of
$36,663.95. 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
In regard to Item 421a concerning the State budget, Councilman Lacayo stated he had
received letters relating to the State budget from the Assembly Republican Leader and
Chairman of the Ways and Means Committee which presented bi-partisan viewpoints. He
recommended that the Council address letters to the authors and the Governor requesting
their rebuttals to the opposing party's budget proposal and an explanation of their own budget
proposal. He recommended that the Council express its opposition to the loss of revenues
exceeding the bail-out funds and urge that the State make reductions in its programs as cities
have done.
It was moved by Councilman Lacayo and seconded by Mayor Mullen that staff prepare a
letter to the Assembly Republican Leader and to the Chairman of the Ways and Means
Committee requesting an explanation of their budget proposal and a rebuttal to the opposing
party's budget proposal, with copies of the letters to be sent to the Governor and members of
the joint legislative budget committee. The motion unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacavo, Partin, ROwan & Mullen
0 COUNC1LMEMBERS: None
0 COUNC]I. MEMBERS: None
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146
City Council Minutes
June 14,~q82
In regard to Item 4~21b concerning the Orange County Sanitation Districts, Mayor Mullen
reported that, as a result of a dispute with the Orange County Sanitation Districts over
collection of an ad valorem tax, the County Board of Supervisors had proposed legislation
(A.B. 1601) which would remove the sanitation districts from city control and place them
directly under the control of the Board. The Orange County Sanitation District requested the
Council to adopt a resolution opposing the legislation. Mayor Mullen reported that the ad
valorem tax issue has since been resolved but the Board of Supervisors is pursuing the
legislation.
It was moved by Councilman Rowan and seconded by Councilman Lacayo to adopt the
following Resolution by title only, title as follows:
RESOLUTION NO. 2526
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
OPPOSING ASSEMBLY BILL 1601 WHICH WOULD CHANGE THE
ORGANIZATIONAL STRUCTURE OF THE COUNTY SANITATION
DISTRICTS OF ORANGE COUNTY.
The Council further requested staff to transmit a letter to Supervisor Wieder and the Board
of Supervisors expressing their objections to the County's attempt to usurp the rightful
responslbility of the cities.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mu!len
0 COUNCILMEMBEiRS: None
0 COUNCILMEMBERS: None
In regard to Item ~21c concerning a Southern California Water Company rate increase,
Mayor Mullen read a notice he received with his water bill which indicated the rate increase
was due to federal tax law changes. Included in the tax changes was a requirement that
utility rate payers be charged for certain corporate taxes. Mayor Mullen requested that staff
obtain a more detailed explanation of the tax change.
ORAL COMMUNICATIONS: Mr. Greg Diaz, 6121 Barbados, Cypress, spoke in regard to
Congressman Patterson's reception for Councilmembers and indicated that he is contacting
City Councils to determine their availability. He stated Congressman Patterson will be
advised if there are schedule conflicts for a number of the Councilmembers.
EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 9:05 p.m. for matters of
litigation. The meeting was called back to order at 9:20 p.m. with all Counci]members
present.
ADJOURNMENT: Mayor Mullen adjourned the meeting at 9:20 p.m.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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