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HomeMy WebLinkAboutMinutes 82-08-23MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August Z3, 1982 The regular meeting of the Cypress City Council was called to order at 6:10 p.m. on Monday, August 23, 1982, in the Cypress City Council Chambers, 5Z75 Orange Avenue, Cypress, California, Mayor Gerald Mullen presiding. PRESENT: Councilmembers Coronado, Rowan & Mullen ABSENT: Councilmembers Lacayo and Partin Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following staff members: Barrett, DeCarlo, Dunn, Lamm, Lowenberg and Schatzeder. INTERVIEWS OF APPLICANTS FOR APPOINTMENTS TO THE ORANGE COUNTY HEALTII PLANNING COUNCIL: The Council interviewed three applicants to the Health Planning Council. COUNCILMAN PARTIN ARRIVED AT 6:15 P.M.; COUNCILMAN LACAYO ARRIVED AT 6:35 P.M. At the completion of the interviews, Mayor Mullen announced that the Council had selected Mr. Arthur Kopp as the representative and Ms. Karen Winneberger as the alternate to the Orange County Health Planning Council. PLEDGE OF ALLEGIANCE: The City Attorney led the pledge of allegiance. ORAL COMMUNICATIONS: Mayor Mullen asked if anyone wished to speak in regard to any matter not on the agenda. Councilman Coronado discussed a recent City newsletter article regarding residential aluminum wiring and pointed out inaccuracies with the color coded map, the telephone number for one electrical company, and the mislabeling of Denni and Moody Streets. He requested that staff verify the information and the map. The Council requested that staff publish corrections in a future City newsletter article. MINUTES: It was moved by Mayor Mullen, seconded by Councilman Partin and unanimously carried to approve the minutes of August 9. Hearing no objections, Mayor Mullen added Item ~32a to the agenda regarding a ballot argument in favor of Proposition J. CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF STREET STRIPING AND PAVEMENT MARKERS AT VARIOUS LOCATIONS~ CITY OF CYPRESS PROJECT ~8ZZ9-90: The City Manager presented a report from the Public Works Director dated August 10 which outlined bids received from six vendors. It was moved by Mayor Mullen and seconded by Councilman Lacayo to determine that the lowest responsible bidder for Project ~8~29-90 is J & S Sign Company, Inc., 822 W. Katella Avenue, Orange, California, and award them the contract for Proposal A in the amount of $14,823.75. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNC]LMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None CONSIDERATION OF AWARD OF CONTRACT FOR ONE 36" POWER MOWER WITH GItAS.q CATCHER ATTACHMENT~ REQUEST FOR QUOTATION ~8283-03: The City Manager presented a report from the Finance Director dated August 13 outhning bids received from three vendors. It was moved by Mayor Mullen and seconded by Councilman Coronado to accept the bid of C. R. Jaeschke, Inc., 89Z3 Complex Drive, San Diego, California, as the lowest responsible bidder on the Kees Model 361100 power mower with Honda engine as specified and award them the contract in the amount of $2,517.50. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBEIIS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None City Council Minutes August 23, 1982 CONSIDERATION OF AWARD OF CONTRACT FOR TRAFFIC PAINT: The City Manager presented a report dated August 16 from the Public Works Director which outlined two bids received. Staff recommended that only 100 gallons of paint be purchased from Pervo Paint Company for demonstration in the City's striping machine, and if its performance is satis- factory that an order be placed for the total annual requirement. Staff indicated that they will advise the Council on the results of using Pervo paint. It was moved by Mayor Mullen and seconded by Councilman Coronado to: (1) determine that Pervo Paint Company, 6624 Stanford Avenue~ Los Angeles~ California~ is the apparent low bidder for supply of traffic paint; (Z) authorize award of contract for 100 gallons of traffic paint at the unit price quoted to be used for a performance test in the City's striping machine; and (3) authorize award of contract to Pervo Paint Company in the amount of $14,ZZ1.60 providing that the paint evidences satisfactory performance in the City's striping machine. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNC]I. MEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None CONSIDERATION OF AWARD OF AN ANNUAL SERVICE ORDER CONTRACT FOR VARIOUS ITEMS OF ELECTRICAL MAINTENANCE AND MINOR ELECTRICAl. ALTERATIONS ON AN AS-NEEDED BASIS: The City Manager presented a report from the Public Works Director dated August 16 which outlined five bids received. It was moved by Mayor Mullen and seconded by Councilman Lacayo to determine that the lowest responsible bidder for the annual electrical service order contract is Calico Electric, 18541 Vallarta, Huntington Beach, California, and award them the contract in the amount of $4,540.00 for electrical maintenance and alterations. 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 AWARD OF CONTRACT FOR THE PURCHASE OF A GAMEFIELD JOGGING COURSE: The City Manager presented a report dated August 17 from the Recrea- tion and Park Director which indicated that the District had been awarded a $Z,000 grant by Wells Fargo Bank towards the purchase of the jogging course. Mr. DeCarlo reported that the course would be situated on about five acres adjacent to the Community Center building. 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 purchase of the Gamefield Jogging Course from The Gamefield Concept in the amount of $5,638.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None CONSENT CALENDAR: Mayor Mullen announced that all items listed on the agenda under "Consent Calendar" were to be considered by the Council as routine and enacted by one motion approving the recommendations on the agenda. Councilman Lacayo requested the removal of Item ~14 from the Consent Calendar. It was moved by Mayor Mullen and seconded by Councilman Coronado to approve Items #7 through #18 on the Consent Calendar with the exception of Item 4~14. 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 #7: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item ~8: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Maiman Enterprises, Inc., DBA Omega Liquor, 4346 Lincoln Avenue, Cypress. Recommendation: Receive and file. -2- City Council Minutes August Z3, 198Z 199 Item ~9: Consideration of Designation of Voting Delegate for the Annual League Conference. Recommendation: That the City Council authorize the Mayor to serve as the voting delegate and the Mayor Pro Tem as the alternate for the General Business Session at the Annual League Conference. Item {10: Consideration of Resolution of the City of Garden Grove Commending the California State Legislature for 'its Responsible Handling of State Financing for FY 1082-83. Recommendation: Receive and file. Item #11: Consideration of Resolution of the City of Westminster Supporting AB 3584 Relating to an Alternative Voters' Registration Purge Plan. Recommendation: Receive and file. Item #iZ: Consideration of Property Tax Resolution Regarding Cypress County Water District Detachment. Recommendation: That the City Council adopt the Resolution by title only, title as follows, seeking property tax allocation to the City of Cypress which tax was formerly allocated to the Cypress County Water District: RESOLUTION NO. 2549 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PERTAINING TO PROPERTY TAX ALLOCATION FOR THE CRESCENT AND WALKER STREET ANNEXATION NO. 8Z-1. Item 4~ 13: Consideration of Citizen Participation Plan Timetable of Events for 9th Year Housing & Community Development Block Grant Program. Recommendation: That the City Council approve the Citizen Participation Plan Timetable of Events for the 9th Year Housing & Community Development Block Grant Program. Item 4~15: Consideration of an Update Evaluation Report of the City of Cypress and Cypress Recreation & Park District Affirmative Action Program. Recommendation: Receive and file. Item ~16: Consideration of an Amendment to an Agreement Between the City of Cypress and California Vision Service Plan for Continued Administration of Vision Care Benefits for City and District Employees in the Cypress Employees' Association Group and City and District Management Employees. Recommendation: That the City Council authorize staff to continue the contract with California Vision Service Plan with the 10% increase. Item ~17: Consideration of City's Debt Service Tax Rate for the 198Z-83 Fiscal Year. Recommendation: That the City Council adopt the Resolution by title only, title as follows, fixing the City's debt service tax rate to be .0066 percent (.000066) of the full value: RESOLUTION NO. 2550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FIXING THE VOTER APPROVED INDEBTEDNESS TAX RATE FOR THE FISCAL YEAR 198Z-83. Item ~18: Consideration of the Cypress Recreation & Park District's Debt Service Tax Rate for the 198Z-83 Fiscal Year. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, adopt the Resolution by title only, title as follows, fixing the District's debt service tax rate to be .0]8 percent (.00018) of the full value: -3- 200 City Council Minutes August 23, 1982 RESOLUTION NO. 127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, FIXING THE VOTER APPROVED INDEBTEDNESS TAX RATE IN SAID DISTRICT FOR THE FISCAL YEAR 1982-83. In regard to Item #14, Consideration of Proposed Cable Telecommunications Act of 1982, S.B. 2172, Councilman Lacayo spoke in opposition to the proposed legislation and stated it would remove local and state control of cable TV franchises and would provide consumers with no protection against fees charged by CATV operators. He recommended that the Council, in addition to sending the letter, adopt a Resolution expressing strong opposition to S.B. 2172. It was moved by Councilman Lacayo and seconded by Mayor Mullen that the City Council oppose the Cable Telecommunications Act of 1982, S.B. 2172, and authorize the Mayor to communicate the City's opposition to the appropriate representatives in the Senate and the House of Representatives, and adopt the Resolution by title only, title as follows: RESOLUTION NO. 2551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING A NO VOTE ON THE PROPOSED CABLE TELECOMMUNICATIONS ACT OF 1982 (S. 2172 AND H.R. 5008, A COMPANION BILL YET TO BE INTRODUCED IN THE HOUSE OF REPRESENTATIVES). 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 PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - DOROTHY K. BOONE, DBA PRECIOUS METAL EXCHANGE OF CALIFORNIA, 5899 CERRITOS AVENUE~ CYPRESS: Mayor Mullen opened the public hearing. He announced that the applicant had requested withdrawal of her application. It was moved by Mayor Mullen and seconded by Councilman Coronado to close the public hearing and approve withdrawal of the special permit application for Precious Metal Exchange of California without prejudice. 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: APPLICATION FOR SPECIAL PERMIT - MR. MICHAEL R. CURRIN~ 5225 BRUNSWICK DRIVE1 CYPRESS: Mayor Mullen opened the hearing. The City Manager reported that the applicant was unable to attend tonight's meeting and had requested that the hearing be continued to the next meeting. It was moved by Mayor Mullen and seconded by Councilman Lacayo to continue the public hearing regarding the application for a special permit by Mr. Michael R. Currin to the September 13 meeting. 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 PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. TERRY M. WELLS~ DBA THE PLANKHOUSE RESTAURANT~ CYPRESS, 10011 VALLEY VIEW STREET: Mayor Mullen opened the public hearing. The City Manager presented a report dated August 17 describing the application to allow disco dancing to records by patrons of the Plankhouse Restaurant. No communications regarding the application were received and the Police Department's investigation found no basis for protest. Mayor Mullen asked if anyone wished to speak in support or in opposition to the application. No one wished to speak. 201 City Council Minutes August 23, 1982 It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the hearing and approve the Special Permit for Mr. Terry M. Wells on behalf of The Plankhouse Restaurant, 10011 Valley View, Cypress. 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: APPLICATION FOR SPECIAL PERMIT - MR. A. BURTON CLEVID. ENCE~ DBA GALLOPING GOURMETS, 700 N. VALLEY~ ANAHEIM~ CALIFORNIA: Mayor Mullen opened the hearing. The City Manager reported that the applicant had requested that the hearing be continued to the September 13 meeting. Hearing no objections, Mayor Mullen continued the public hearing regarding the application for a special permit for Mr. A. Burton Clevidence to the September 13 meeting. The Council held discussion regarding the report that the applicant had not obtained required health permits. It was moved by Mayor Mullen and seconded by Councilman Coronado to request staff to send a letter to the applicant requesting that he immediately cease solicitation in the City of Cypress until he obtains approval of a permit by the Council. Th~ motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT ~79-14~ CONTRACTOR'S STORAGE YARD~ 5300 CYPRESS STREET: Mayor Mullen opened the public hearing. Mr. Lamm summarized a report dated August 13 describing the application to expand the existing paving contractor's equipment storage yard at 531Z Cypress Street to include the adjacent lot at 5300 Cypress Street in the CH-10,000 (LC) Commercial Heavy/Lincoln Avenue Combining Zone. Staff recommended approval subject to 16 conditions. Mr. Don Greg, representing Pavement Coatings Company, 977Z Stonybrook, Anaheim, stated the applicant feels fortunate to be in Cypress and to be able to expand their business and feels it will beautify the neighborhood. Mayor Mullen asked if anyone wished to speak in support or in opposition. No one else wished to speak. It was moved by Mayor Mullen and seconded by Councilman Coronado to close the public hearing and adopt the Resolution by title only, title as follows, approving the amendment to C.U.P. #79-14 subject to the 16 conditions: RESOLUTION NO. 2552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN AMENDMENT TO CONDITIONAL USE PEP~M1T NO. 79-14. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCIl, MEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None PUBLIC HEARING RE: PUBLIC NUISANCE CONDITIONS LOCATED AT 9432 ALDERBURY STREET: Mayor Mullen opened the public hearing. Mr. Lamm presented a report dated August 10 which described nuisance conditions on the property and the progress of work performed by the property owner's daughter who has moved into the house. Mr. Lamm reported that nuisance conditions have been an annual problem on the property. Mayor Mullen asked if anyone wished to speak in favor of the proposed abatement. No one wished to speak in support. He asked if anyone wishad to speak in opposition. -5- 202 City Council Minutes August Z3, 198Z Ms. Lorraine Aydelotte, 943Z Alderbury Street, Cypress, reported she previously lived in San Diego and moved into the Cypress house last week on a permanent basis. She reported that her father, who resides in New York, was unaware of problems on the property and has been paying for lawn and garden service for the last five years. Ms. Aydelotte reported there is extensive vandalism damage both indoors and outdoors and that she has begun rehabilitation to make the house livahle. She requested a period of 60 days to complete the work. Councilman Lacayo suggested that Ms. Aydelotte complete exterior repairs first so that the house is not a nuisance to the neighbors. It was moved by Mayor Mullen and seconded by Councilman Coronado to close the public hearing and adopt the Resolution by title only, title as follows, with the provision that the property owner be given 00 days to bring the property into compliance: RESOLUTION NO. 2553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING AND DECLARING CERTAIN PREMISES WITHIN THE CITY TO BE A NUISANCE, AS DEFINED IN ARTICLE ~I OF CHAPTER 13 OF THE CYPRESS CITY CODE, AND ORDERING THE ABATEMENT OF THE SAME BY THE OWNER THEREOF. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: 0 COUNCIl. MEMBERS: 0 COUNCII~MEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None CONTINUATION OF CONSIDERATION OF FOLLOW-UP REPORT CONCERNING THE STRAIGHT TALK CLINIC/CYPRESS COLLEGE SWAP MEET: Mr. Lamm presented a report dated August 9 which transmitted Straight Talk Clinic's response to staff's recommended conditions for the swap meet. Mr. Robbins indicated that the swap meet will be operated in a manner which complies with the conditions with minor variations. Staff also received a letter from Dr. Scott of Cypress College who expressed agreement with Mr. Robbins' comments. Mr. Lamm reported that staff feels the operation of the swap meet with commercial vendors is subject to legal reporting requirements relating to the sale of serialized items. He reported that this is a uniform requirement applied to swap meets by other cities. Mr. Robbins' opinion was that Straight Talk Clinic and the College are exempt from this requirement. The City Attorney advised that he and the Police Department felt the reporting requirement should be applicable to the swap meet vendors regardless of the fact that non-profit agencies sponsor the swap meet. The City Council requested that the City Attorney transmit a letter to Straight Talk Clinic, with a copy to the President of Cypress College, which outlines the City's position and requests that the swap meet vendors comply with the legal reporting requirement on serialized items sold at the swap meet. The Council agreed to continue this matter to the September Z7 meeting and requested a status report at that time. Mayor Mul]en suggested that the Council consider sending letters of appreciation to Straight Talk Clinic and Cypress College for their voluntary compliance with the conditions when this matter is resolved. CONTINUATION OF CONSIDERATION OF SPRAY PROGRAM FOR APHID CONTROL: The Public Works Director summarized a report dated August 16 which discussed the feasibility of an aphid spraying program for all City trees. His opinion was that the extent of the aphid infestation problem did not warrant a City-wide preventive spraying program. He reported that only a few trees are attacked by aphids usually during late spring or early summer {May through July) when the weather is cool and he recommended spraying only the trees that are attacked. Councilman Lacayo suggested that City personnel could perform a quick walking tour of neighborhoods to identify trees which are infested with aphids. Mr. Schatzeder reported that the 1150 City trees which are subject to infestation are scattered throughout the City and a walking inspection would be time-consuming. Councilman Coronado suggested that staff alert homeowners of potential aphid problems before the months of May -July when the problem occurs. Mayor Mullen summarized the discussion he had held with the Public Works Director regarding the aphid problem. He suggested that press releases be issued advising residents of the potential of aphid infestation. He felt trees should be sprayed on an as- needed basis. -6- City Council Minutes August 23, 198Z It was moved by Mayor Mullen and seconded by Councilman Lacayo to request staff to send letters to the residents on Vista Mesa Street advising them of the following: (1) control of the aphid infestation problem depends upon early reporting of the problem so that staff may spray the trees early, (Z) the problem of sticky residue can be ameliorated by periodically hosing the tree with water during the infestation period, (3) the months when infestation is most likely to occur are May through July, (4) this neighborhood contains an alkaline soil and ultimately the salt will be leeched out and normal plant growth will resume. Councilman Rowan stated the City should spray trees when it receives complaints and an entire a~ea can be checked if one homeowner reports a problem. Councilman Coronado felt the City should send letters to homeowners who have trees which are subject to aphid infestation and warn them of the potential of infestation during May - July. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 1 COUNCILMEMBERS: 0 COUNC1LMEMBERS: Lacayo, Partin, Rowan & Mullen Coronado None Hearing no objections, Mayor Mullen took Item #33 out of order for the benefit of persons in the audience. CONTINUATION OF CONSIDERATION OF EUCALYPTUS PARK BUILDING PROJECT: Mr. DeCarlo presented a report dated August 16 which transmitted a proposed citizen participation plan submitted by the Neighborhood Watch group in District 46 for utilization of the Eucalyptus Park building. Staff supported the plan and recommended that plans and specifications be prepared for renovation of the building. Staff also recommended repair of the security lighting at the park. Councilman Coronado asked if consideration had been given to the need for a termite inspection of the building. Mr. DeCarlo stated there is no evidence of termites and no inspection has been made. Councilman Coronado suggested that the cost estimates for renovation include a possible termite inspection. Ms. Phyllis Hawkins, real estate agent and Neighborhood Watch coordinator for District 46, estimated that a termite inspection would cost approximately $40 and fumigation with a tent less than $500. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Lacayo and seconded by Mayor Mu]len to approve proceeding with preparation of plans and specifications for renovation of the Eucalyptus Park building for open bid contract, and approve expanding the park lighting improvements to include two high vandal-resistant lighting fixtures to be placed at the play area west of the park's Eucalyptus trees and near the center of the park, just east of the Eucalyptus trees. Mr. Charles Bell, 5984 Fiji Street, Cypress, stated he read and agrees with the staff report. He reported that the neighbors have held meetings and have generated much support for patrolling and using the park. In response to questions from the Council, Mr. Bell stated that the major vandalism occurs at night because the park is not well lighted. He stated that minor vandalism occurs during the day. Mr. Bell suggested that sprinklers be turned on when the lights go off to discourage loitering after 10:00 p.m. Mr. Jerry Guardado, 5843 Lakia Drive, Cypress, indicated that he supports removal of the building. He stated the park is an attractive nuisance because of the lack of lighting which shields it,from the street and patrol cars. Mr. Guardado reported that the school bus stop presents a problem because the youngsters have idle time and have thrown rocks into his pool. Mr. Guardado stated he has not seen the residents' plan but stated it could possibly work. Mrs. Nancy Paulsen, 5968 Noumea, Cypress, stated the school bus stop problem is unrelated to the park problems. She suggested that the City contact the Garden Grove School District to request relocation of the bus stop. She reported this bus stop is overcrowded and is a dangerous location because children run out into the street. Mayor Mullen requested that staff contact the Garden Grove School District concerning relocation of the school bus stop and report back to the Council. Councilman Rowan recommended that the Eucalyptus Park security lighting be left on all night and requested that staff present the renovation plans and specifications for the Council's review. -7- 204 City Council Mir, August Z3, 1982 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 REPLACEMENT OF STREET TREES: The Public Works Director presented a report dated August 1Z which discussed a possible street tree replacement program. Staff reported that there are 680 trees classified as missing and estimated that a tree replacement program would cost approximately $15,000. It was moved by Councilman Lacayo and seconded by Mayor Mullen to authorize staff to purchase 50 replacement street trees to be provided, upon request, to homeowners who will be responsible for their planting, and to appropriate $1,600 for the 50 replacement trees. Mr. Schatzeder reported that, when staff receives a request for a replacement tree, staff will check the location to determine the appropriate species of tree to be planted. 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 requested that staff send a communication to Ms. Adler of Graham Street advising her of the Council's action on this item. CONTINUATION OF CONSIDERATION OF PUBLIC UTILITIES COMMISSION EXPLANATION OF SOUTHERN CALIFORNIA WATER COMPANY'S "BILL INSERT": The City Manager presented a report dated August 17 indicating this matter was continued from the August 9 meeting. Mr. Greg Diaz, staff assistant to Congressman Patterson, 34 Civic Center Drive, #921, Santa Ana, reported that the Congressman's :staff was analyzing the provisions of the legislation (Economic Recovery Tax Act of 1981) including its implications in this year's budget. He stated they will provide the Council with their findings. Hearing no objections, Mayor Mu]fen continued this matter to the September 27 meeting. CONSIDERATION OF REVIEW OF CONDITIONAL USE PERMIT ~81-19~ NIKKrS ARCADE~ 4917 LINCOLN AVENUE~ CYPRESS: The City Manager presented a report from the Community Development Director dated August 16 which indicated that a condition of C.U.P. ~81-19 was that the conditional use permit would be reviewed by the City Council on an annual basis and the Council would reserve the right to modify or revoke the conditional use permit. It was moved by Councilman Lacayo and seconded by Mayor Mullen to direct staff to schedule a public hearing within forty days to consider modification or revocation of Conditional Use Permit #81-19. 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 COUNCILMEMBERS: None CONSIDERATION OF APPROPRIATION OF 1981-82 ENCUMBRANCES -CITY: The City Manager presented a report from the Finance Director dated August 1Z which outlined supplies and services encumbered in FY 1981/82 which needed to be appropriated to the 1982/83 budget. It was moved by Mayor Mullen and seconded by Councilman Lacayo to authorize appropriations pursuant to the worksheet totaling $341,107.86 to the following funds: General Fund 11 Z106 Gas Tax Fund ZZ Central Services Fund $119,080.64 Zll,6ZZ.40 10,404.82 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 -8- City Council Minutes August 23, 198Z 2O6 CONSIDERATION OF CONVERTING TEMPORARY CUSTODIAN AT COMMUNITY CENTER TO A PERMANENT POSITION: The City Manager presented a report dated August 11 from the Public Works Director who recommended that the temporary Custodian at the Community Center be changed to a permanent position as authorized in the 1982/83 budget. Following discussion, it was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the conversion of one temporary Custodian position to a permanent position. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNC1LMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: Staff responded to questions from Councilman Coronado regarding several items on the Warrant List. Councilman Coronado requested a report on Warrant #72644 regarding a McCoy Ford tractor. It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the Warrant List for Warrants #79459 through #7Z708 in the total amount of $585,11Z.31. 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 #3Za concerning a ballot argument in favor of Proposition J on the November Z ballot, Councilman Lacayo recommended that the Councilmembers lend their names to an argument in favor of Proposition J in rebuttal to the argument in opposition written by Councilmm~ Coronado. It was moved by Councilman Lacayo and seconded by Mayor Mullen that the Councilmembers co-author an argument in support of Proposition J to read as follows: "The following members of the City Council of Cypress agree that this Proposition is not political in any aspect and is simply a housekeeping measure that provides that the term and selection of the Mayor shall coincide with whichever date the voters prefer to elect their City Council, that is either November or April". Councilman Coronado stated that his argument in opposition had been written in haste and he would have preferred to have been more explicit. He stated he disagreed with the Council's previous action of changing the election date to November. Councilman Lacayo stated the Council had a responsibility to the voters to respond with a rebuttal argument. He stated he did not want the voters to think there was something wrong with the Council's method of selecting the Mayor. He stated his suggested argument points out that Proposition J is a housekeeping measure and is not a political issue. The City Attorney indicated that the deadline to submit ballot arguments was passed but that he would have to review the Elections Code to determine if the Council may submit the rebuttal argument. Mayor Mullen continued this item m~til later. CONSIDERATION OF SENIOR CITIZEN COMMISSION'S REQUEST FOR BUSINESS CARDS: The City Manager presented a report from the Recreation & Park Director dated August 16 indicating that the Senior Citizens Commission had requested business cards and identification badges for the Commissioners and alternates. Staff informed the Commission that the Council had established a policy when the various Commissions were recreated that no monies would be expended for the various Commissions. Mr. Essex reported that this issue had been raised by other City Commissions and all were advised that business cards could be purchased at the Commissioners' own expense. Mayor Mullen indicated he would support providing business cards to the Senior Citizen Commissioners but not the alternates. Mr. Morris Spatz, 4508 Larwin Avenue, Cypress, stated he represents the City of Cypress before the County and various agencies and would like some form of identification. He reported that he recently contacted all retail businesses in Cypress requesting their participation in a senior citizens discount program, and that he had no identification as a City Commissioner. Mr. Spatz reported that the Chamber of Commerce had agreed to pay for ZS0 decals for the discount program and he requested that the Council consider donating funds for the printing of 500 booklets at a cost of $300. -9- City Council Minutes August 23, 1982 Councilman Coronado stated the Council had approved reestablishment of City Commissions with the intent of providing citizens with a forum and with the understanding that the Commissions would not involve expenditures of City funds. It was moved by Mayor Mullen and seconded by Councilman Lacayo to authorize business cards and identification badges for the Senior Citizen Commissioners. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINING: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Lacayo, Partin~ Rowan & Mullen N one None Coronado Councilman Rowan requested that staff investigate having the City's print shop print the senior citizens brochure. Mayor Mullen requested that staff place this item on the September 13 agenda. In regard to Item #3ga concerning an argument in favor of Proposition J, the City Attorney stated that he reviewed the Elections Code and his conclusion was that the Council cannot at this time submit an argument pertaining to Proposition J. He advised that Elections Code section 5015 pertaining to arguments in municipal elections provides that "the City Clerk shall fix and determine a reasonable date prior to the election after which no argument for or against any city measure may be submitted for printing and distribution to the voters as provided in this article. Arguments may be changed or withdrawn by the proponents until and including the date fixed by the City Clerk". With respect to rebuttal arguments, Mr. Murphy reported that section 5014.5 provides that a person who submits an argument against a city measure has a~n opportunity to submit a rebuttal if there is an argument filed in favor of it and vice versa. He indicated that this does not extend to situations where an argument has been snbmitted on one side only. CONSIDERATION OF APPROPRIATION OF 1981-8Z ENCUMBRANCES - PARK DISTRICT: The City Manager presented a report from the Finance Director dated August 1Z which outlined services and supplies encumbered during FY 1981-8Z which needed to be appropriated to the 198Z/83 budget. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Mayor Mul]en and seconded by Councilman Lacayo to authorize appropriations pursuant to the worksheet for encumbrances totaling $110,109.98 to the General Fund and $1,856.76 to the Central Services Fund. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNC1LMEMBERS: None 0 COUNCILMEMBERS: None Councilman Rowan reported that he was contacted by the Cypress High School Boosters Club who inquired if the Council wished to place an ad in their paper. The Councilmembers discussed this matter and indicated they would be willing to make personal donations but would not support expending City funds for this purpose. ADJOURNMENT: Mayor Mullen adjourned the meeting at 9:45 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: , , ~ ~/, 5z:'m~-/; CITY CLERK OF' THE'CITX/OF CYPRESS -10-