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HomeMy WebLinkAboutMinutes 82-07-26MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 26, 1982 The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday, July Z6, 198Z, in the Cypress City Council Chambers, 5Z75 Orange Avenue, Cypress, California, Mayor Gerald Mullen presiding. PRESENT: ABSENT: Councilmembers Coronado, Lacayo, Partin, Rowan & Mullen None Also present were David Barrett, Acting City Manager, John Murphy, City Attorney, and the following staff members: DeCarlo, Dunn, Lamm, Lowenberg, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: Mr. Murphy led the pledge of allegiance. ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak in regard to any matter not on the agenda. No one wished to speak. MINUTES: It was moved by Mayor Mullen, seconded by Councilman Partin and carried, with Councilmembers Coronado and Lacayo abstaining, to approve the minutes of July 12. It was moved by Mayor Mullen, seconded by Councilman Partin and carried, with Councilman Coronado abstaining, to approve the minutes of July 19. STAFF REPORTS & DISCUSSION: Mr. Barrett made a correction to the report recommendation for Item ~15 concerning the Willow Park pond, and reported that the correct account number should be ~12-4186-587.29. Hearing no objections, Mayor Mullen added the following items to the agenda: Item #36 regarding gate fees at the Orange County landfills; Item #37 regarding an Executive Session for personnel matters CONSIDERATION OF AWARD OF CONTRACT FOR THE IMPROVEMENTS TO ELIMINATE THE CROSS GUTTER AT 'l'liE INTERSECTION OF VALLEY VIEW STREET AND LINCOLN AVENUE~ CITY OF CYPRESS PROJECT ~8133-10: Mr. Barrett summarized a report from the Public Works Director dated July 15 which listed seven bids received. It was moved by Councilman Rowan and seconded by Mayor Mullen to determine that the lowest responsible bidder for Project #8133-10 is Red-hill Construction Company, Inc., 308 N. Sullivan Street, Santa Aha, California, and award them the contract in the amount of $88,44Z.Z0. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSENT CALENDAR: Mayor Mullen announced that all items listed on the agenda under "Consent Calendar" were to be considered by the Council as routine and enacted by one motion approving the recommendations listed on the agenda. Councilman Rowan requested the removal of Item ~14 for discussion. It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve Items ~Z through #18 on the Consent Calendar, with the exception of Item #14. 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 Item #Z: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item #3: Consideration of Proclaiming August 1982 as Ostomy Awareness Month. Recommendation: That the Mayor and City Council officially proclaim the month of August 1982 as "Ostomy Awareness Month" in the City of Cypress. 175 City Council Minutes July 26, 1982 Item ~4: Consideration of Claim Submitted by Attorney Gregory A. Lee of Cesena & Lee on Behalf of James Parker. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Insurance Adjuster, Car] Warren & Company, for appropriate disposition. Item ~5: Consideration of Resolution of Commendation for Mr. Lawrence J. B]och. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Mr. Lawrence J. BIoch for his outstanding professional achievements: RESOLUTION NO. 2541 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR. LAWRENCE J. BLOCH ON HIS OUTSTANDING ACHIEVEMENTS. Item #6: Consideration of Claim Filed by Stephen H. Smith, Attorney-at-Law, on Behalf of Nancy Johnson, Guardian for Bobbi Johnson. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Insurance Adjuster, Carl Warren & Company, for appropriate disposition. Item #7: Consideration of Proclaiming September 19-25, 1982, as Civic Responsibility Week. Recommendation: That the Mayor and City Council officially proclaim the week of September 19-25, 1982, as "Civic Responsibility Week" in the City of Cypress as requested. Item #8: Consideration of Authorization to Attend the Street Superintendents' Conference and Equipment Show on September 29 to October 1, 1982. Recommendation: That the City Council authorize the Public Works Superintendent, Terry Kempton, to attend the Street Superintendents' Conference and Equipment Show scheduled to be held on September 29, 30 and October 1, 1982, in Stockton, California, and be reimbursed for all actual and necessary expenses incurred. Item #9: Consideration of Contract Renewal for Looseleaf Supplements with the Municipal Code Corporation. Recommendation: That the City Council authorize the Mayor to sign and the City Clerk to attest the contract to renew the looseleaf supplement service with the Municipal Code Corporation for a period of one year, ending July 31, 1983, subject to approval as to form by the City Attorney. Item ~10: Consideration of Audit Services for the Federal Revenue Sharing Program. Recommendation: That the City Council select Jamieson & Watkins, per their letter dated June 22, 1982, to complete the audit of the City's Revenue Sharing Fund. Item ~11: Consideration of Potential Public Nuisance Located at 9432 Alderbury Street, Cypress. Recommendation: That the City Council adopt the Resolution by title only, title as follows, declaring its intent to conduct a public hearing to ascertain whether the subject property constitutes a public nuisance: RESOLUTION NO. 2542 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN THE CITY OF CYPRESS MAY BE MAINTAINED IN SUCH A WAY AS TO CONSTITUTE A NUISANCE AND DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS OF ARTICLE III OF CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF CYPRESS. -2- City Council Minutes July 26, 1982 Item #1g: Consideration of Staff Attendance at the Annual League of California Cities Conference. Recommendation: That the City Council authorize the attendance of the City Manager, Finance Director and Police Chief to the annual League of California Cities Conference scheduled to be held on October 17-20, 198Z, in San Diego, and that they be reimbursed for all actual and necessary expenses incurred. Item #13: Consideration of Adoption of a Resolution Re: State Funding of Certain Portions of the Costs of the 911 Emergency Telephone System. Recommendation: That the City Council adopt the Resolution by title only, title as follows: RESOLUTION NO. 2543 A RESOLUTiON OF THE CITY COUNCIL OF THE CiTY OF CYPRESS REQUESTING THE STATE TO FUND CERTAIN PORTIONS OF THE COSTS OF THE 911 EMERGENCY TELEPHONE SYSTEM. Item #15: Consideration of Contract Change Orders #1 and 2, Reconstruction and Acceptance of Improvements of Willow Park Pond Pumping Facility, City of Cypress Project #8322-90. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District: (1) approve Contract Change Orders #1 and 2, and authorize an appropriation from the Open Space Acquisition and Improvement Funds (Quimby Act) and appropriate a total of $2,554.73 to Account #12-4186-587.29; and (Z) accept the reconstruction of Willow Park Pond Pumping Facility, Project #8222-90, as being satisfactorily completed in accordance with the plans and specifications. Item #16: Consideration of Recreation Drill Team Fee Increase and Organizational Change. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, approve the proposed fee increase from $10 to $15, and the extended instruction from 10 1/Z to 18 hours. Item #17: Consideration of Youth Leader Craft Workshop. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, approve the proposed new program, Youth Leader Craft Workshop, and that registration fees be set at $7 per person. Item #18: Consideration of Six-Month Extension of Sub-lease Agreement with United Cerebral Palsy. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, approve extension of the sub-lease agreement with the United Cerebral Palsy Association of Orange County Inc. for a six-month period only, through March 1983, until negotiations have been completed with the Cypress Elementary School District. In regard to Item #14, Consideration of Detachment #8Z-1 from the Cypress County Water District (Crescent/Walker Island Annexation), Mrs. Christine Swain, 536Z Crescent, Cypress, a Director of the Cypress County Water District, reported that the District Board was interested in operating a water department for the City of Cypress and dissolving the District. She asked if the Council had considered such a proposal. Mayor Mullen advised her that the Council had not discussed this matter. He indicated that the Resolution on the agenda would approve detachment of the recent annexation area from the District, but the remainder of the District would remain intact. It was moved by Councilman Lacayo and seconded by Mayor Mullen to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF ORANGE COUNTY FOR THE INITIATION OF PROCEEDINGS FOR THE DETACHMENT OF CERTAIN TERRITORY FROM THE CYPRESS COUNTY WATER DISTRICT. -3- 177 City Council Minutes July 26, 198Z The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM MR. & MRS. GERSH RE: A PARKWAY TREE AT 9675 DOREEN DRIVE~ CYPRESS: Mr. Barrett presented a report dated July Z0 which indicated this matter was continued from the July IZ meeting. It was moved by Councilman Rowan and seconded by Mayor Mullen to receive and file the matter. Mr. Schatzeder reported that Mr. and Mrs. Gersh had attended the July 12 meeting but had left before it ended. He reported that he met with them last week and explained his recommendation regarding the street tree, and had advised them that the matter would be on tonight's agenda. Mr. Schatzeder reported that no agreement was reached. He presented the Council with photographs of the tree. Councilman Coronado stated he supported staff's recommendation on the tree. He stated the street trees are an asset to the City and that he did not support their removal unless they create a hazard or a nuisance, which does not apply in this case. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCI/.MEMBERS: 1 COUNCILMEMBERS: 0 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen Coronado None Mayor Mullen requested that staff contact Mr. and Mrs. Gersh and invite them to discuss the tree at 6:30 p.m. at the August 9 meeting. CONTINUATION OF CONSIDERATION OF REPORT CONCERNING THE STRAIGHT TALK CLINIC/CYPRESS COLLEGE SWAP MEET: Mr. Lamm presented a report dated July 20 and a report dated June 29 which outlined 15 conditions which staff would have recommended for the swap meet. Mr. Bruce Robbins of Straight Talk Clinic was present. Mayor Mu]len recommended that the Council seek a response from Cypress College and Straight Talk Clinic, operators of the swap meet, and determine whether they would be willing to voluntarily comply with the 15 conditions. Councilman Lacayo stated the swap meet has not presented problems thus far, but if problems do arise, he would request the swap meet operators to alleviate and correct them. It was moved by Mayor Mullen and seconded by Councilman Lacayo to request Straight Talk Clinic and Cypress College to respond to the conditions and indicate whether they are willing to comply voluntarily and indicate if they have objections to any of the conditions. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIl, MEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCr~MEMBERS: None Hearing no objections, Mayor Mullen took Item #30 out of order. CONSIDERATION OF A REQUEST FOR TREE REMOVAL AT 9Z83 VISTA MESA: Mr. Barrett presented a report from the Public Works Director dated July 16 which reported on the condition and treatment provided for the parkway tree. Mr. Schatzeder recommended that the tree not be removed. He presented photographs of the tree to the Council. Mr. Lawrence Turner, 9Z83 Vista Mesa, Cypress, stated the street tree was recently sprayed for bugs but should have been sprayed at the beginning of the season. He reported that he is still annoyed by the dripping sap and sticky leaves which are falling off. Mr. Turner asked that the tree be removed, He stated it will be costly to keep spraying the tree and reported the tree has had problems for over two years. Mr. Schatzeder reported that tree spraying used to be a regularly scheduled activity but now trees are sprayed only if there is a request or complaint from a resident. He stated the dripping and aphids were eliminated from this tree but the leaves are still sticky from the aphid secretions. Mr. Schatzeder stated the policy is not to remove trees which are healthy and create no damage or hazard, and he recommended that this tree not be removed. 178 City Council Minutes July Z6, 1982 Councilman Lacayo requested that staff prepare a report identifying the problem trees and outlining a policy for tree spraying which includes program costs. Mr. Schatzeder stated staff is preparing a comprehensive street tree policy which will include an Ordinance. It was moved by Councilman Lacayo and seconded by Mayor Mullen to continue this matter to the August 23 meeting and request that staff prepare the report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNC1LMEMBERS: 0 COUNCILMEMBERS: Coronado~ Lacayo, Partin, Rowan& Mullen None None CONTINUATION OF PUBLIC HEARING RE: REVIEW OF CONDITIONAL USE PERMIT ~78- lip WlERSMA HAY COMPANY, 4ZSZ CRESCENT AVENUE~ CYPRESS: Mayor Mullen opened the hearing. Mr. Lamm presented a report dated July 16 which indicated that the applicant had not requested an extension of the six-month deadline to relocate the business. Mr. Lamm reported that the applicant had experienced medical problems over the last three months. He recommended that this matter be continued until the expiration of the six-month period at which time the use permit would terminate. It was moved by Mayor Mullen and seconded by Councilman Coronado to continue the public hearing regarding Conditional Use Permit ~78-11 to the October ll meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None PUBLIC HEARING RE: CONDITIONAL USE PERMIT #82-9~ MINI-WAREHOUSE STORAGE BUILDINGS (N/E CORNER LINCOLN AVENUE AND SUMNER PLACE - 4801 LINCOLN AVENUE): Mayor Mullen opened the public hearing. Mr. Lamm transmitted a report dated July 16 describing the application. Mr. Barrett reported that the applicant requested that the hearing be continued to the September 13 Council meeting. It was moved by Councilman Lacayo and seconded by Mayor Mullen to continue the public hearing regarding Conditional Use Permit {82-9 to the September 13 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None PUBLIC HEARING RE: CONDITIONAL USE PERMIT 4P8Z-10~ ROMAN CATHOLIC CHURCH AND MISSION~ 4901 AND 4911 ORANGE AVENUE: Mayor Mullen opened the public hearing. Mr. Lamm summarized a report dated July 16 describing the request to establish a church and mission and pastor's residence in conjunction with an existing recreational vehicle storage yard at 4901 and 4911 Orange Avenue in the RS-6,000 Residential Single-Family Zone. Mr. Lamm reported that the existing RV storage yard would be reduced in area by 7,800 square feet to allow for church parking. The two residences on the property would be retained and used for a pastor's residence and as a meeting hall. Staff recommended approval of the permit subject to eight conditions. Mayor Mullen asked if anyone wished to speak in support of the application. Mr. Mike Wilson, President of the St. Irenaeus Church Council and representing the Diocese of Orange, stated he had no public statement to make. Fr. Philip Raska of the North Hollywood Melchite Church stated the applicant is the Holy Cross Melchite Catholic Mission which is an eastern rite Catholic Church. He stated their parishioners would not attend St. Irenaeus Church. Fr. Raska stated the Diocese of Orange was assisting the Church in obtaining property for their congregation. He reported that the Church would conduct its liturgy as well as Sunday school on Sunday, and their Church Council, Youth Club and Ladies Club would each hold a monthly meeting. Mayor Mullen asked if anyone wished to speak in opposition. -5- 179 City Council Minutes July Z6, 1982 Mr. Warren Bodwell, 4931 Orange Avenue, Cypress, reported that he had supported a zone change for the property to multiple-family residential but the request was denied. He felt multiple-family development would provide more revenue than the Church. Mr. Bodwe]l stated he opposed the Church and he asked for further clarification of the mission's activities. Mr. A. E. Peterson, 4871 Orange Avenue, Cypress, stated he operates the RV storage business west of the property and he expressed concern that the Church will create traffic congestion and noise. He asked for an explanation of the mission and its activities. Mr. George Abutti, 5949 Los Nietos, Buena Park, a member of the Holy Cross Church, reported that the mission was started nine years ago by immigrants from the Middle East who wished to retain their own heritage and traditions which are different from the Latin Church. He reported their prayer service lasts one-half hour on Sunday and the parish consists of Z0-30 people. Mr. Abutti stated their three groups meet once a month during the week and that the Church activities will not congest the area with traffic. In response to questions from Councilman Lacayo, the City Attorney indicated that the RV storage business on the property would be subject to taxation regardless of the Church use. Mr. Bodwell stated the property is a small commercial acre and the Church parking will eliminate much of the RV storage space. Mrs. Delores Bodwell, 4931 Orange Avenue, expressed concern over the need for additional parking space if the Church congregation grows. Mr. George Abutti stated that if the congregation grows in number, the Church intends to eliminate the RV storage area and possibly remove the two residences. Councilman Lacayo stated that any future expansion plans by the Church would be subject to City Council approval. He stated he did not envision great commercial growth in this area and that he had no objections to the proposed Church use. It was moved by Councilman Lacayo and seconded by Councilman Coronado to close the public hearing and adopt the following Resolution by title only, title as follows, approving Conditional use Permit ~SZ-10 subject to the eight conditions: RESOLUTION NO. Z545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 82-10 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None PUBLIC HEARING RE: DEVELOPMENT AGREEMENT #8Z-l~ CYPRESS LAND COMPANY (South of Katella~ East of Valley View): Mayor Mullen opened the public hearing. Mr. Lamm presented a report dated July 15 transmitting the draft Agreement which was required as a condition of Specific Plan ~81-]. He reported that the term of the Agreement has been calculated from the date of the Specific Plan requirement and the agreement will be in effect for a period of eight years. Staff recommended adoption of an Ordinance to approve the Development Agreement. Councihnan Coronado stated that the marketing of the property for commercial use was supposed to be vigorously pursued as a team effort and he asked what efforts staff had made. Mr. Lamm reported that during the first six months following the Specific Pla~ approval, Cypress Land had negotiated the land sale to Mitsubishi. He reported that subsequently Cypress Land has been attempting to market the property for commercial uses although no formal applications have been submitted. Councilman Lacayo stated for the record that the City Council and City staff are not responsible to market the property commercially but that their role is to assist the developer. -6- 180 City Council Minutes July 26, 1982 Mr. Richard Meyer, representing Cypress Land Company, Z630 E1 Presidio, Long Beach, stated that considerable time was involved with the Mitsubishi sale which he felt was important for the City and will enhance the area. He stated Cypress Land realizes that the property has a higher use value than at the time they presented their specific plan. Mr. Meyer indicated that projects such as Mitsubishi and Panasonic are cornerstones of the industrial area and will result in the types of uses which the City desires for Valley View/Katella. He stated the McDonnell Realty development should attract more high technology uses and enhance the a~ea. Mr. Meyer reported that he has been working with staff and the Chamber of Commerce to seek commercial tenants and that he is attempting to document their efforts. He reported that discussions have been held with a large department store user as well as a hospital and medical supply business. Mr. Meyer stated he has contacted other realty brokers to obtain more exposure for the property. Mr. Meyer stated that many people are interested in the property but are hampered by the current interest rates. Mayor Mullen asked if anyone wished to speak in support or in opposition to the Development Agreement. No one wished to speak in support or in opposition. It was moved by Councilman Lacayo and seconded by Councilman Coronado 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 APPROVING A DEVELOPMENT AGREEMENT BETWEEN SAID CITY AND THE CYPRESS LAND COMPANY. 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 CONTINUATION OF CONSIDERATION OF TABLED ITEM RE: SENIOR CITIZEN HOUSING: The Associate Planner summarized a report dated July 14 which described characteristics of the five senior housing projects visited on the tour including the financing techniques utilized and provided a cost analysis for constructing a 100-unit senior project, and recommendations on methods to proceed. Councilman Lacayo stated he favored the City participation with a non-profit corporation/bond issue/management company approach. He recommended that the Council determine the physical characteristics of the project it wishes to develop then submit the specifications to contractors to obtain cost estimates, and investigate a bond issue. Councilman Coronado inquired about minimum size units for single persons and couples. The Associate Planner reported that a one-bedroom, 550 square foot unit was preferred by the seniors for both single persons and couples and this size unit was based on other senior projects. Mr. Morris Spatz, 4508 Larwin, Cypress, stated a 550 square foot unit is comfortable and many existing units have an additional 60 square feet of open patio or balcony area which is em added amenity. Mayor Mullen suggested the formation of a committee to work with staff on the seniors housing project with the committee to return in a month with recommendations on how to proceed. Councilman Lacayo and Mayor Mullen volunteered to serve on the committee with senior citizen and staff representatives and to report back to the Council within a month with recommendations for a Cypress seniors project and a financing plan. CONTINUATION OF CONSIDERATION OF REORGANIZATION OF BOUNDARY LINE BETWEEN LOS ANGELES AND ORANGE COUNTIES: Mr. Lamm presented a report dated July 16 and reported that questionnaires were sent to 30 property owners in the Los Angeles County area north of Crescent on the east side of the Coyote Creek Channel and Z0 responses were received. Ten property owners favored annexation to Cypress and ten opposed it. Mr. Lamm stated staff would pursue the boundary change requested by Forest Lawn. -7- 181 City Council Minutes July 26, 1982 It was moved by Councilman Lacayo and seconded by Mayor Mullen to receive and file the report and request that staff transmit letters responding to the questions raised by the property owners and advising them that the City will proceed with annexing a portion of the Forest Lawn property. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCrLMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan& Mullen None None CONTINUATION OF CONSIDERATION OF REPLACEMENT OF FOUR PICK-UP TRUCKS PROPOSED IN THE 1982/83 BUDGET: The Public Works Director presented a report dated July 20 and a report dated July Z which addressed the need to replace the four trucks. It was moved by Councilman Rowan and seconded by Councilman Lacayo to authorize staff to advertise for bids for the Durchase of the four pick-up trucks. Councilman Coronado stated he opposed purchasing replacement trucks and felt the existing trucks should be refurbished. He also recommended that staff keep better maintenance records on the vehicles. The Council held discussion on the maintenance records of the four vehicles under consideration. Councilman Rowan stated the vehicles should not he kept beyond their life expectancy to avoid higher maintenance costs. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 1 COUNCILMEMBERS: 0 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen Coronado None CONTINUATION OF CONSIDERATION OF AUTHORIZING THE FILING OF WRITTEN ARGUMENTS FOR CITY MEASURES ON THE NOVEMBER 2~ 1982 BALLOT: Mr. Barrett presented reports dated July 6 and July 20 which indicated this matter was continued from the July 1g meeting. He reported that August 16 was the deadline to file arguments and August 26 was the deadline to file rebuttal arguments. The staff report indicated that the priority for filing written arguments is provided pursuant to the State Elections Code as follows: "the legislative body, or any member or members of the legislative body authorized by that body, or any individual voter or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against any City measure". Councilmembers Rowan and Coronado stated they intended to file arguments of opposition on the ballot measures. Mayor Mullen asked if the two Councilmembers should attempt to agree on having both their signatures on a ballot argument. The City Attorney responded that such action would probably be preferred by the City Clerk who otherwise would have to make a selection between both Councilmembers' arguments as to which would appear on the ballot. He stated that two Councilmembers may co-author an argument and affix their signatures. Councilman Lacayo stated this method would solve any problem. It was moved by Councilman Rowan and seconded by Councilman Lacayo to adopt the Resolution by title only, title as follows: RESOLUTION NO. Z546 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING THE CITY MEASURES. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None CONSIDERATION OF COMMUNICATION FROM MR. WALTER F. CUNHA RE: THE EMERITUS PROGRAM OF CYPRESS COLLEGE: Mr. Barrett presented a report dated July Z0 which transmitted a copy of Mr. Cunha's letter and indicated that Mayor Mullen had requested this matter on the agenda. -8- 182 City Council Minutes July Z6, 1982 Mr. Walter Cunha, 7532 Tulare Street, Buena Park, described the Emeritus and Ca1 Heritage Programs which provide tours of educational, historical, recreational and other points of interest for a group of about 50-60 senior citizens. He reported the program will no longer be sponsored by Cypress College because of budget cuts, and he requested financial assistance from the City. Mr. Cunha reported that the tuition cost is $75 per person, and 95% of the participants are Cypress residents. He stated the program is very worthwhile in helping seniors to get out and visit places and teaches them about California history. Mayor Mullen indicated that the program is an exciting and worthwhile one but stated he did not support an expenditure of City funds to underwrite a college course. He reported that the Counci] had established a policy against the improper expenditure of Cypress taxpayers' dollars for activities which benefit residents outside of Cypress. Councilman Lacayo stated he agreed with the Mayor's concerns about the proper expenditure of taxpayers' dollars. He suggested that Mr. Cunha contact the Chamber of Commerce to determine if individual Chamber members would each be willing to sponsor a participant in the program. He also suggestod that Mr. Cunha contact community service groups for the same purpose. CONSIDERATION OF APPEAL OF TEMPORARY USE PERMIT DENIAL2 ~T t~_RE_V_ENT-A- C_AR__Ez INC. (MOBILE TRAILER UNIT): Mr. Lamm presented a report dated July 15 concerning the request to operate a low-cost animal vaccination clinic on a temporary basis. He reported that staff's policy is to withhold approval of a temporary permit i~ complaints about the permit are received and refer the matter to tbe Council for their decision. Mayor Mullen stated that he had received a letter in opposition to the application from a Cypress resident whose husband operates a veterinary business in a neighboring con] in unity. Mr. Daniel Brosler, 31149 West Via Colinas, #606, Westlake Village, General Manager of Pet Prew~nt-A-Care, reported they are the largest operation in California offering the low-cost vaccination clinics for dogs and cats and that they also provide the service in Nevada and Oregon. He stated their request is to conduct clinics for three hours a day~ four times a year. tlc stated a veterinarian is present at each clinic anti their prices are substantially lower than local veterinarians which makes tbe service available to persons wl~o cannot afford a local veterinarian. Mr. Brosler stated that during the last six months, Pet Prevent- A-Care has received opposition from the Southern California Veterinary Medical Association which has attempted to put them out of busines. He cited several news articles indicating that Pet Prevent-A-Care has not caused a decline in regular veterinary lmsiness. Mr. Brosler reported that most people visiting their clinic will not use or cannot afford local veterinarians, and that the clinic vaccinates more amimals which have never received medical treatment. He stated copies of their rabies vaccination certificates are sent to Orange County Animal Control which enables the County to collect revenue from persons whose animals need to be licensed and also reduces the City's liability for animal control costs. Mr. Brosler stated their clinic refers pet owners to local veterinarians for kitten and puppy follow-up shots and for other animal diseases and disorders. The clinic also provides pet owners with information on proper pet care. Mr. Brosler reported that over 1,g00 vaccinations were administered during the last day amd a half clinic in Cypress, and the tremendous response they receive State-wide shows there is a great desire for low cost vaccinations. Mr. Brosler reported on vaccination costs charged by local veterinarians and by the County's rabies clinic. He reported that Pet Prevent-A-Care is in the process of instituting low-cost animal examinations at their clinics to meet the demand. In response to questions from the Council, Mr. Lamm reported that the complaints came from local veterinarians and not from the owners of the shopping cent,~rs where the clinics were cond-ucted. Councilmembers Lacayo and Mullen expressed support for the clinic since it would offer low- cost services to persons who might otherwise not be able to afford them. Councilman Coronado stated he felt obligated to support established businesses in Cypress and that he could not support the clinic's request. Councilman Rowan stated he did not want to interfere with the process where persons can take advantage of lower cost services. He stated the clinic serves to make people aware and seek minimal treatment for their pets and may provide the first and only medical treatment animals receive. He felt the clinic's limited operation of lZ hours a year would not be a major intrusion into local business. It was moved by Councilman Rowan and seconded by Mayor Mullen to approve the temporary use permit for Pet Prevent-A-Care~ Inc. for a maximum of four days, totaling 1g hours, during the 198Z-83 fiscal year. -9- City Council Minutes July 26, 1982 Dr. John Hardison, 5839 Ball Road, Cypress, stated he made a substantial investment in his veterinary practice in Cypress and was required to meet strenuous conditions for his conditional use permit. He felt the same requirements should be applied to the clinic. Dr. Hardison reported that he lost clients as a result of the clinic. He reported there is a non- profit animal clinic at BaH and Knott which offers vaccinations at similar low prices. Dr. Hardison expressed concern over the temporary nature of the clinic and stated that, unlike his practice, the clinic is not available to provide 2,4-hour emergency treatment and consultation. Dr. Hardison reported that he volunteers at the $3.00 rabies clinic given every year by the County at a Cypress park. Dr. Hardison felt the clinic was getting preferential treatment by not hav'ing to comply with zoning requirements and felt he was being discriminated against. Mayor Mullen advised Dr. Hardison that the City's Zoning Ordinance contains specific provisions for the conduct of temporary uses and stated he felt there was a need for such provisions. Councilman Lacayo noted that the Council cannot deny a business from operating unless it violates the zoning laws. He stated he would not approve a temporary use if local veterinarians were willing to undertake and offer the low-cost vaccination services. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen 1 COUNCI~MEMBERS: Coronado 0 COUNCILMEMBERS: None CONSIDERATION OF COMMUNICATION FROM THE WE TIP ORGANIZATION: Mr. Barrett presented a report dated July Z0 indicating that the Mayor had requested this item on the agenda. Mayor Mullen reported that he received a communication from We Tip requesting financial support from the City. He stated he supports the organization but does not feel a City expenditure is an appropriate use of taxpayers' funds. It was moved by Councilman Lacayo and seconded by Mayor Mullen to receive and file the request. Councilman Coronado asked for the Police Department's opinion of the We Tip organization. The Police Chief reported that We Tip has an excellent reputation and has supplied the Police Department with information leading to arrests or the closing of cases. Chief Lowenberg reported that his department is putting together an anonymous crime tip program where anonymous callers can leave messages on a recording machine about law violations which will be followed up by the officers. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNC~LMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None CONSIDERATION OF PURCHASE OF SMALL STREET SWEEPER AND TRAILER: The Public Works Director presented a report dated July 16 and recommended the purchase of a small street sweeper to sweep the alleys in townhouse projects in the City. He reported the City would receive a $5,000 discount from the manufacturer of the equipment. It was moved by Councilman Lacayo and seconded by Mayor Mullen to: (1) authorize the purchase of a Tennant 9ZAA Power Sweeper (Demonstrator) from the Tennant Company, 1080 N. Kraemer Place, Anaheim, California, for the quoted price of $24,322.07; and authorize the purchase of a trailer for transporting the sweeper from Small Fry, Inc., 1030-A S. Cypress Street, La Habra, California, for the quoted price of $3,498.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCELMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None -10- 184 City Council Minutes July 26, 1982 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the Warrant List for Warrants #72265 through #72435 in the total amount of $566,956.89. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronad% Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None In regard to Item #36 concerning the County's proposal for gate fees at landfills and transfer stations, it was moved by Councilman Lacayo, seconded by Mayor Mullen and unanimously carried that the Mayor be authorized to attend the special League of California Cities meeting on July 29 and communicate the City's opposition to the fees and to the lack of notification to Orange County cities and opportunity for them to participate in the fee discussions. Councilman Rowan requested that staff provide the Council with copies of a letter from the Orange County Sanitation District which addresses actual costs versus the proposed fees and fact that the fees may be illegal pursuant to Proposition 13. The City Attorney reported that an attorneys group had met to determine whether there was a basis for legal action against the County and the committee had recommended the use of outside counsel in the event of litigation. The Council agreed to have the Mayor represent the City in the matter of possible litigation and to call a special meeting if there is a need to allocate City funds for this purpose. Councilman Lacayo requested that an item be placed on the August 9 agenda regarding a letter from Assemblyman Larry Stirling dealing with a date for finalizing the State budget. Councilman Lacayo suggested that the staff report include a proposed letter which could be sent to Assemblyman Stifling notifying him of the closing date of Cypress' budget and suggesting a date for the State's budget to be finalized. EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 9:36 p.m. to discuss matters of personnel and Item #25. The meeting was called back to order at 10:27 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF THE HEARING OFFICER'S RECOMMENDATION ON THE APPEAL BY RICHARD G. LOPEZ ON HIS DISMISSAL AS A POLICE OFFICER~ Mr. Barrett presented a report dated July 20 indicating this matter was continued from the July 12 meeting. It was moved by Mayor Mullen and seconded by Councilman Coronado that the Council uphold the decision of the Hearing Officer in the matter of the appeal by Officer Lopez. 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 ADJOURNMENT: It was moved by Councilman'c6i-onad, o, seconded by Councilman Lacayo and unanimously carried to adjourn the meeting at 10:30 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THECITY OF CYPRESS -11-