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HomeMy WebLinkAboutMinutes 82-11-0825i MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 8, 1982 The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday, November 8, 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 Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following staff members: Barrett, DeCarlo, Dunn, Lamm, Lowenberg, Powel] and Schat zeder. INTERVIEW OF YOUTH COMMISSION APPLICANTS: The Council interviewed nine applicants for the Youth Commission. PLEDGE OF ALLEGIANCE: Mr. Murphy led the pledge to the flag. MINUTES: It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried to approve the minutes of October 25. STAFF REPORTS & DISCUSSION: At the City Manager's request, the Mayor added Item #Z6 to the agenda regarding an Executive Session for personnel and litigation matters, and Item ~Z7 regarding a notice in the water bill concerning the trash fee change. Mr. Essex indicated that Councilman Partin had requested a comparison of this year's City election with the last two elections and he transmitted information concerning voter turnout to the Council. ORAL COMMUNICATIONS: Mrs. Richard Vogle, 9866 Joel Circle, Cypress, stated she was upset with campaign material she received from Councilman Partin which was mailed in an envelope bearing the City of Cypress' name. Mrs. Vogle asked that Council candidates in the future be discouraged from mailing campaign literature in envelopes which look like official City of Cypress stationery. The City Attorney indicated that there was no prohibition against an incumbent distributing campaign material in envelopes which resemble City stationery as long as it was not at the taxpayers' expense and the material was not misleading. Councilman Coronado inquired about a recent Times newspaper article regarding redevelopment agencies and Supervisor Wieder's interest in legislation which would allow the County to receive some of the tax increment funds which are accruing to cities. He asked if such legislation would impact Cypress' redevelopment project. The City Attorney stated his understanding was that Supervisor Wieder's efforts were directed at future redevelopment project areas and not at obtaining funds from established redevelopment projects. He indicated the Supervisor intended to have Orange County take a more aggressive look at future redevelopment projects. He reported that the Board of Supervisors reviewed Cypress' redevelopment project and did not have any questions or call for a fiscal review. Mayor Mullen announced that it was time for the public hearings. Mr. Essex reported that the applicant for Public Hearing #16, regarding Conditional Use Permit #82-14, Cypress Christian Fellowship, 9739 Denni Street, requested withdrawal of his application. It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the public hearing and receive and file the application, without prejudice, for Conditional Use Permit ~8Z-14, Cypress Christian Fellowship. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNC]LMEMBERS: 0 COUNCILMEMBERS: 0 COUNC1LMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None Mr. Essex reported that the applicants for Public Hearings ~17 and 18 requested that the hearings be continued to the November Z2 meeting. 252, City Council Minutes November 8, 198Z It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried to continue the following public hearings to the November gZ meeting: Continuation of Public Hearing Re: Conditional Use Permit ~8Z-15 and Live Entertainment Permit - Antique Faire, Los Alamitos Race Course. Continuation of Public Hearing Re: Conditional Use Permit {8~-16, - Taco Bell Restaurant Drive-Thru, 5619 Ball Road. CONTINUATION OF PUBLIC HEARING RE: REVIEW OF CONDITIONAL USE PERMIT #81- 19~ NIKKI'S ARCADE~ 4917 LINCOLN AVENUE~ CYPRESS: Mayor Mullen opened the public hearing. The City Manager presented a report dated November 3 which transmitted the Police Department's study comparing police activities in certain business areas and video arcades. Also transmitted were two letters expressing support for renewal of the conditional use permit. Mr. Sam Gabriel, 4161 Calhoun, Huntington Beach, attorney representing the owner of Nikki's Arcade, discussed the results of the police study and felt some of the alleged incidents did not occur at or near the arcade and should not be attributed to the arcade. Mr. Gabriel stated Nikki's is a family-run and well supervised business and the owners offer incentives to students by providing game tokens for good grades. In response to questions from the Council, Chief Lowenberg reported that there was some connection between the police calls and Nikki's arcade. He indicated that officers initiated the patrol checks based on past statistics relating to the arcade. He reported that 0 of the 16 disturbing the peace calls were made by the arcade owner which indicated the owner recognized there was a problem or felt the need for police action. Mayor Mullen asked if anyone wished to speak in support of the arcade conditional use permit. The following persons spoke in support of the operation and management of NikkCs Arcade and recommended that the use permit be extended: Mr. Vern Fleming, 4111 Green Avenue, Los Alamitos Ms. Paula Cregan~ 9166 Gregory Street, Cypress Mr. Mark Murillo, 9Z30 Whitney Way, Cypress Mr. E. Antonaras, 4371 Jade, Cypress Ms. A. Pierce, 3832 Sharon, Orange Mr. Nicholas Russos, owner of Nikki's Arcade, reported that he called the police several times because of problems created by the same group of six juveniles. Mr. Russos reported on several incidents involving harassment of himself by the group and damage to his property. Mayor Mullen asked if anyone wished to speak in opposition to the conditional use permit. No one wished to speak in opposition. Mayor Mullen stated he was convinced by the statistics that many problems occurred at Nikki's Arcade which did not occur at other locations. He stated no one had attempted to manipulate the statistics. He felt the number of police calls indicated there was a management problem at the arcade. It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the public hearing and adopt a resolution revoking Conditional Use Permit ~81-19. Mayor Mullen stated he had a responsibility to see that the peaceful enjoyment of the community is maintained. He stated the motion is for the immediate closure of the arcade. Councilman Coronado indicated he did not favor taking such drastic action against the business and he suggested that the arcade owner employ a security guard until the juvenile problem is resolved. Mr. Sam Gabriel stated the owner would be willing to hire a security guard for the evening hours when the problems occur. He did not feel there was a need for a guard during the daytime. It was moved by Councilman Coronado mad seconded by Councilman Lacayo to amend the motion to request that the arcade owner hire a security guard from 6:00 p.m. until the arcade closes and that the Council reconsider the conditional use permit at the end of 60 days. Councilman Coronado felt the Council should determine whether the security guard alleviates the problem within the 60 day period. Councilman Lacayo felt the motion was to grant the arcade owner 60 days in which to terminate the business with the conditional use permit to be revoked at the end of 60 days. Councilman Lacayo withdrew the second to the motion. -2- 253 City Council Minutes November 8, 198Z Councilman Rowan suggested that the arcade owner be given 90 days in which to arrange for termination of the business. Councilman Rowan moved to amend the motion that the conditional use permit be revoked at the end of 90 days. The motion was not seconded. A substitute motion was moved by Councilman Partin and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows, revoking Conditional Use Permit #81-19 at the end of 30 days: RESOLUTION NO. 2577 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REVOKING CONDITIONAL USE PERMIT NO. 81-19 - WITH CONDITIONS. The substitute motion was accepted by the following roll call vote: AYES: 3 COUNCILMEMBERS: Lacayo, Partin & Mullen NOES: Z COUNCILMEMBERS: Coronado & Rowan ABSENT: 0 COUNCILMEMBERS: None The motion as substituted carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Lacayo, Partin & Mullen NOES: Z COUNCILMEMBERS: Coronado & Rowan ABSENT: 0 COUNCILMEMBERS: None PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE 4~8Z-3, MODIFICATION TO RESIDENTIAL ZONES (WALKER/CRESCENT AVENUE ISLAND ANNEXATION): Mayor Mullen opened the public hearing. Mr. Lamm summarized a report dated October Z8 describing the staff-initiated request to amend various elements of Section 9, Residential Zones, of the Zoning Ordinance. Staff indicated that the County residents were assured that City zoning designations, comparable to the County's, would be established after annexation. Therefore, the amendment included a proposed new residential zone, designated RM-15 Residential Multiple-Family, which is similar to the County's R-4 Zone and permits 14 units per acre. Mr. Lamm reported that the RM-15 Zone is slightly less restrictive than the County zone. He reported that the amendment proposes stricter standards requiring that only licensed, operable vehicles may be parked on the paved driveway to a garage. Mayor Mullen asked if anyone wished to speak in support of the amendment to the Zoning Ordinance. Mrs. Christine Swain, 536Z Crescent Avenue, Cypress, asked if existing structures on her property such as the house and fence would be allowed to remain under the amendment and how the amendment applied to future construction or a future sale of the property. The City Attorney responded that an existing land use, structure or accessory structure would be classified as legal but non-conforming and would be provided an amortization period, pursuant to the City Code, at the end of which it must be brought into conformance. He reported that with the destruction of such a structure there may be a limitation on building the same structure and at that time it might be required to meet Code. He stated the sale of the property does not require that the use or structure be brought up to Code. Mr. Shala, 867Z La Homa, Cypress, asked what zoning designations would be applied to the Cypress/Arnold Park and Mackay School property. Staff advised him that the question was more related to the next public hearing on the agenda which addressed a General Plan amendment and zone changes for the island annexation area. Mayor Mullen stated that the park and school property were designated as PS-IA Public and Semi-Public. Mayor Mullen asked if anyone wished to speak in opposition to the Zoning Ordinance am endm ent. Mr. Barry Cannata, 5541 Camp Street, Cypress, presented a petition to the Council signed by seven property owners on DeLong Street and Watson Street requesting that the neighborhood not be rezoned for high density housing or apartments and that those parcels which are over 130 feet in length or that were zoned by the County as R-Z retain that designation. The petition stated that this will allow the residents to retain the peaceful family neighborhood atmosphere and allow them to build a second dwelling on their lot for older family members. Mayor Mullen pointed out that the petition related to the next public hearing regarding zone changes and a General Plan amendment for the annexation area. Hearing no objections, Mayor Mullen opened the following Public Hearing (Item -3- City Council Minutes November 8, 198Z PUBLIC HEARING RE: GENERAL PLAN AMENDMENT ~8Z-1 AND ZONE CHANGE ~8Z-Z - WALKER/CRESCENT AVENUE ISLAND ANNEXATION. Mr. Lamm summarized a report dated October Z8 which compared existing County zoning and proposed City zoning designations for the annexation area. The Council held lengthy discussion with Mr. Cannata regarding the requests in the petition. Mr. Cannata stated the petition signers want to maintain a quiet single-family environment and oppose high density housing on DeLong and Watson Streets. Mr. Cannata reported that there have been numerous police problems associated with the condominium units at the end of DeLong and the apartments at the end of Watson. Mr. Cannata stated the petition signers favor a zone change which would allow no more than two dwelling units per lot on DeLong and Watson Streets. Mrs. Christine Swain, 536Z Crescent, stated there are multiple-family units on DeLong and Watson and she has always been under the impression it is a multiple-family zone. She indicated she supported the RM-15 zoning along Watson Street as proposed in the amendment. She stated she did not want her property zoned as single-family. Mr. Jess Black, 54ZZ DeLong, Cypress, stated he was unaware that the petition was circulated. He expressed support for the RM-15 Zone and stated it would meet the needs of persons wishing to add a second dwelling unit on their lot. Mr. Black felt the RM-15 Zone could be extended on DeLong west of Watson Street. In response to comments from the Council, staff reported that a second dwelling could not be constructed on a single-family lot through a variance procedure. They reported that the RM- 15 Zone would permit one unit per 3,000 square feet and a 7,000 square foot lot would be limited to two dwelling units. Mrs. Christine Swain, 536Z Crescent, reported that the Cypress School District Board has concerns about leaving the Mackay School property as open space and plans to discuss the matter at their meeting tomorrow. She asked if the Council would defer action on the school property until it hears from the Board. Mrs. Swain indicated the Board is interested in residential use of the property for low cost or senior housing in the event that the property is sold. Mr. Essex reported that staff had suggested that the PS-lA designation remain for the Mackay property until the School Board proposes a specific alternate use for the property. Staff felt the Board's proposal should be considered separately from this amendment. Mr. Shala, 867Z La Homa, Cypress, stated he agreed with staff's suggestion for the Mackay property. Councilman Lacayo stated he supported maintaining the single-family zone along DeLong west of Watson Street. He stated the property owners can request a change to the RM-15 Zone when they are ready to propose development plans. Mr. Cannata stated the single-family zone will not permit the construction of two dwelling units per lot. He stated the petition signers would like the ability to build a maximum of two units per lot if the lot is large enough in area. It was moved by Councilman Lacayo and seconded by Mayor Mullen to: (1) close the public hearing regarding Amendment to the Zoning Ordinance 487-3, Modification to Residential Zones, and approve the first reading of the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 9 RESIDENTIAL ZONES OF ORDINANCE NO. 640, TIlE ZONING ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS AMENDMENT TO THE ZONING ORDINANCE NO. 8Z-3. (Z) close the public hearing regarding General Plan Amendment 4~8Z-1 and Zone Change 4~SZ-Z and adopt the following Resolution by title only, title as follows, amending the Land Use Element of the Cypress General Plan as proposed in Exhibit B of the staff report, and approve the first reading of the following Ordinance by title only, title as follows, zoning those properties annexed to the City under Annexation #dZ-1 as proposed in Exhibit B of the staff report: City Council Minutes November 8, 1982 RESOLUTION NO. 2578 A RESOLUTION OF THE CrFY COUNCIL OF THE CITY OF CYPRESS APPROVING GENERAL PLAN AMENDMENT NO. 82-1. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 640~ THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY PLACING CERTAIN PARCELS OF LAND IN THE RS-6,000 RESIDENTIAL SINGLE FAMILY ZONE, RM-15 RESIDENTIAL MULTIPLE FAMILY ZONE AND PS-lA PUBLIC AND SEMI-PUBLIC ZONE AND KNOWN AS ZONE CHANGE NO. 82-2. Councilman Rowan stated the motion did not address the requests presented in the petition. He noted that the single-family zone would not allow the property owners to build a second dwelling unit on their lots. He stated he would support the RM-15 zoning designation on DeLong Street west of Watson Street. Councilman Lacayo expressed concern that an RM-15 designation west of Watson would change the current zoning status and indicated he was unwilling to approve a change tonight since the Council had not received input from many of the property owners on Delong Street. He stated if there is interest, the property owners west of Watson can submit a zone change request to the City and their development proposals should be considered in public hearings. Mayor Mullen stated he did not support changing the status quo at this time and he suggested that the property owners be polled as to their desires for the property. 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 the property owners on DeLong Street, west of Watson, to determine what their desires are for zoning of the area, and that staff report back to the Council in a month. PUBLIC HEARING RE: EXTENSION OF MODIFICATION TO CONDITIONAL USE PERMIT #76-7~ CYPRESS SKATEWAY~ 6143 BALL ROAD~ CYPRESS: Mayor Mullen opened the public hearing. Mr. Lamm presented a report dated November 1 describing the request by Cypress Skateway to modify the conditional use permit to allow extended daily operating hours and specific all-night skate-a-thons on nine dates throughout the year. Staff recommended approval of the extension to the modification without any time restriction and indicated the City Council would retain authority to review or modify the business's operating hours. Mr. Roger Clark, 1Z49A East Imperial Highway, Placentia, representing the Cypress Skateway, stated the staff report correctly outlined their proposed hours of operation. Mayor Mullen asked if anyone wished to speak in support. No one wished to speak in support. He asked if anyone wished to speak in opposition. Mrs. Sue Raymond, 5082 Marcella, Cypress, reported that fliers were distributed on school campuses advertising the all-night skate-a-thons and the fliers listed the names of several junior high schools. Mrs. Raymond stated the schools did not give permission to have their names used and the fliers gave the wrong impression that the all-night skating sessions were sanctioned by these schools. Mrs. Raymond felt 12-year-old children were too young to attend all-night skating sessions and she expressed concern over inadequate supervision at the Skateway. She felt 10:00 p.m. was an appropriate curfew for children under 18. She stated she would not object if the all-night skating sessions were sanctioned by the schools. Mrs. Richard Vogle, 9866 Joel Circle, Cypress, stated the all-night skating sessions have not been a problem but she has been bothered by activities in the alley behind the building. She reported that juveniles drink in the alley and then jump the fence and hide in the channel. Mrs. Vogle stated that noise creates a disturbance when Skateway's rear doors are left open. Mrs. Vogle expressed concern over extending the hours of operation. Mr. Lamm advised that Skateway was requesting the same hours of operation which have been in effect for the last three years. Mrs. Vogle felt the original use permit required Skateway to hire an outdoor security guard. She reported that emergency vehicles which are called to Skateway arrive at the rear of the building and the flashing lights and loudspeakers are disturbing. -5- City Council Minutes November 8, 198Z Chief Lowenberg reported that the Police Department supplies a Police Aide to Skateway during their busiest hours which are usually on weekends. He reported there have been isolated drinking incidents but overall there are no significant problems at Skateway. Mr. Lamm reported that a condition of the original use permit gave the City Council authority to require that a security guard be hired if the Council decided it was necessary. He reported that another condition required the rear emergency doors at Skateway to remain closed during business hours. Mr. Roger Clark responded that their all-night session advertising was aimed at junior high schoolers because 90% of those attending the all-night sessions are in the 7th - 9th grades. He stated Skateway management realized its mistake and regretted that their flier contained the names of schools. He indicated that distributors of the flier were directed not to enter the school campuses but some may not have followed instructions. Mr. Clark reported that Skateway likes to keep the rear doors closed because they are concerned with maintaining security during the all-night sessions and also over the possible theft of skates. He stated the patrons may open the doors occasionally. Mr. Clark reported that Skateway employs its own security guard to prevent people from congregating in the parking area. Mr. Clark stated he will discuss with the Fire Department the possibility of having emergency vehicles arrive at the front entrance. Mr. Clark responded to questions regarding the all-night sessions and reported that no one may enter or leave the building after 11:00 p.m. unless picked up by a parent. He reported this does not present a problem. Mr. Barry Raymond, 508Z Marcella, Cypress, asked what type of adult supervision is available after 10 p.m., what type of emergency training the supervisors receive, and whether children are more susceptible to injuries due to fatigue during the all-night sessions. He felt the 1Z- year-old group of children should be eliminated from the all-night sessions. Mr. Raymond reported he has seen several skating accidents occur and the supervisors socializing on the rink instead of supervising the skaters. Mr. Clark responded to Mr. Raymond's questions and reported on the ages, Red Cross first- aid training and work shifts of the supervisors and part-time employees. He reported that there is a full-time manager on duty at all times including the all-night sessions. Mr. Clark reported that he reviews all accident reports and there are fewer injuries during the all-night sessions than during regular hours. Ne reported Skateway provides one floor guard per 150 skaters, compared to the national average of one per ZOO skaters. Mayor Mullen suggested that Mrs. Vogle and Mr. and Mrs. Raymond meet with Mr. Clark to resolve their concerns. Mrs. Vogle stated she had no objections to Skateway's operations but felt the Council should maintain authority over the business. Mrs. Raymond stated she felt the supervision at Skateway was inadequate. She stated the elimination of ail-night skate-a-thons and elimination of the 1Z-year-old age group would not ruin Skateway's business. Mrs. Raymond asked that the Council prohibit Skateway from allowing the junior high group to participate in the all-night sessions because of the poor supervision. Mayor Mullen stated that he and Councilmembers Lacayo and Coronado had personally visited the Skateway and were familiar with the operation and what occurs there. Councilman Lacayo indicated that a prohibition of the all-night skate-a-thons at the request of one person would be unfair to the many people who allow their children to participate. He stated if there were problems with the skate-a-thons he would support eliminating the event. Councilman Rowan noted that Skateway has been conducting the skate-a-thons for the past three years and no complaints have been received except for those made by the one couple tonight. Mayor Mullen agreed that there was an absence of evidence to indicate that the ail-night sessions are a problem. It was moved by Councilman Lacayo and seconded by Councilman Partin to close the public hearing and adopt the Resolution by title only, title as follows, approving an extension of the modification to Conditional Use Permit 4~76-7 without a restriction of duration: RESOLUTION NO. 2579 A RESOLUTION OF THE CITY COUNCIl. OF THE CITY OF CYPRESS APPROVING AN EXTENSION OF MODIFICATION TO CONDITIONAL USE PERMIT NO. 76-7 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: $ COUNC1LMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen NOES: 0 COUNC1LMEMBERS: None ABSENT: 0 COUNCIl-MEMBERS: None -6- City Council Minutes November 8, 1982 257 PUBLIC HEARING RE.' RESUBMITTAL OF CONDITIONAL USE PERMIT ~8Z-7~ CYPRESS FARMS PRODUCEr OFFSITE SALE OF ALCOHOLIC BEVERAGES: Mayor Mullen opened the hearing. Mr. Lamm presented a report dated October Z9 describing the application to allow Cypress Farms Produce to become a convenience market including the off-site sale of alcoholic beverages (beer and wine). Staff recommended approval of the permit subject to six conditions which included requirements to correct several zoning violations on the property. Mr. Hea Boong Chung, 900 Sierra Madre Avenue, #147, Azusa, the applicant, stated he concurred with all of the conditions except #3 which requires the applicant to obtain design review approval and necessary building permits for the recent building addition. Mr. Chung stated the property owner built the addition as an office extension and the addition does not relate to the convenience market. Mr. Lamm reported that the applicant is leasing a portion of the building from the owner who constructed the office extension without obtaining a building permit. He recommended that the condition remain and he stated staff will seek compliance by the property owner. No one else wished to speak in support or in opposition to the application. 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 Conditional Use Permit #8Z-7 subject to the six conditions: RESOLUTION NO. 2580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 8Z-7 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNC]LMEMBERS: None 0 COUNC]LMEMBERS: None PUBLIC HEARING RE: ALLOCATION OF SPECIAL DISTRICT AUGMENTATION FUNDS: Mayor Mullen opened the public hearing. Mr. Essex presented a report from the Finance Director dated October 18 which indicated that $678~963 of special district augmentation funds were available to the City. Staff recommended that $195,000 be allocated to the Cypress Street Lighting District No. Z, and that $483,963 be allocated to the Cypress Recreation & Park District. Mayor Mullen asked if anyone wished to speak in regard to allocation of the funds. No one wished to speak. It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the public hearing and adopt the Resolution by title only, title as follows, allocating the special district augmentation funds as recommended by staff: RESOLUTION NO. Z581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ALLOCATING SPECIAL DISTRICT AUGMENTATION FUND. 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 CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR LPG FUEL~ REQUEST FOR QUOTATION ~8283-20: The City Manager presented a report from the Finance Director dated November 1 which outlined four bids received. Staff reported that the low bidder does not have the required rental tanks and they recommended award of contract to the second low bidder. -7- 258 City Council Minutes November 8, 1982 It was moved by Mayor Mullen and seconded by Councilman Lacayo to accept the bid of Glenco Gas Service, Z16 East Dyer Road, Santa Ana~ as the lowest responsible bidder for LPG fuel and tank and award them an annual contract at the rate of $.6Z per gallon with an escalation clause accepting refinery price increases only. 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 REVISED RECOMMENDATIONS FOR AWARD OF CONTRACT FOR SCHEDULE "B" (HVAC) FOR RENOVATION OF PARK BUILDING~ CITY OF CYPRESS PROJECT #8222-90: The Public Works Director summarized a report dated October 28 which indicated that the second low bidder who was awarded the contract for heating, ventilation and air conditioning (Schedule B) for the Eucalyptus Park building had determined he was unable to perform the work at the price quoted and had submitted a letter with- drawing his p~oposal. Mr. Schatzeder reported that the third low bidder is ready and able to perform the work at the price he quoted. Since both the first and second bidders withdrew their bids, he recommended that the contract be awarded to the third low bidder. It was moved by Councilman Lacayo and seconded by Mayor Mullen to determine that Dickson Inc., 1918 South Main Street, Santa Ana, is the lowest responsible bidder for Schedule "B", Project ~8Z22-90, and award them the contract in the amount of $4,754.00. 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 CONSIDERATION OF AWARD OF ANNUAL CONTRACT FOR RENTAL OF PASSENGER VEHICLES AS REQUI~ED BY THE CYPRESS POLICE DEPARTMENT: The City Manager presented a report from the Finance Director dated October 28 which indicated that the Police Department requested an annual contract for the rental of two passenger vehicles to be used for undercover/surveillance operations on an as needed basis. The report outlined quotes for the monthly rental from three local car dealers. Staff indicated that, because the annual rental costs may exceed $2,500, the contract was presented for Council approval pursuant to City Code provisions. In past years, the Police Department has utilized one rental vehicle at a cost below $2,500 which did not require Council authorization. It was moved by Councilman Rowan and seconded by Mayor Mullen to authorize an annual contract with Dick Barbour Datsun, 5800 Lincoln Avenue, Cypress, to provide rental passenger vehicles on an as needed basis at a rate of $200.00 monthly per vehicle used. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINING: 4 COUNCILMEMBERS: Lacayo, Partin, Rowan &Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Coronado CONSIDERATION OF AWARD OF CONTRACT FOR ASPHALT AND RENTAL OF ASPHALT PAVING MACHINE~ REQUEST FOR QUOTATION ~8283-27: Mr. Essex presented a report from the Finance Director dated October 28 indicating that bids were requested from four vendors and one bid was received. It was moved by Mayor Mullen and seconded by Councilman Coronado to accept the bid of All American Asphalt, 932 Town & Country Road, Orange, for asphalt and equipment rental and award them the contract for a period of one year at the following unit prices: $22.25 per ton $25.05 per ton $142.00 per hour $142.00 per move Asphalt (City picks up) Asphalt (Delivered) Rental of asphalt paving machine Machine transportation charge 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 -8- 259 City Council Minutes November 8~ 1982 CONSIDERATION OF AWARD OF CONTRACT FOR ONE 18 PASSENGER VAN~ REQUEST FOR QUOTATION ~8283-26: Mr. Essex presented a report from the Finance Director dated October 29 indicating that bids were requested from four vendors and two bids were received. Staff reported that the 18 passenger van will replace the 14 passenger van which will be sold. Councilman Partin expressed ~oncern about parking the van outdoors where the upholstery and roof can be damaged by t~.e elements. He suggested that consideration be given to providing a garage or carport, for the van. The Council requested that staff prepare a report and recommendations regardimg this matter. Acting as the ex officio Boar~l of Directors of the Cypress Recreation & Park District, it was moved by Councilman Lacay~ and seconded by Mayor Mullen to: (1) authorize an appropriation of $Z,Z28.64 fr6m the General Fund to Account 83-4381-654.39 and (Z) accept the bid of National Coach Co~poration, 130 West Victoria, Gardena, as the lowest responsible bidder and award them the contract in the amount of $26,228.64. The motion unanimously carried by the following roll ~a]l vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS Coronado, Lacayo, Partin, Rowan & Mullen None None CONSIDERATION OF AWAR~ OF ANNUAL TROPHY CONTRACT, REQUEST FOR QUOTATION ~8283-28: Mr. Essex presented a report from the Finance Director dated October 28 which outlined quotes received from two trophy companies. The report indicated that the president of Los AltOs Trophy Company had been on vacation and therefore submitted a bid upon his return, following the bid opening date. Los Altos' bid was lower than the other bid received and included a 40% discount for trophies not itemized on the bid. Acting as the ex officio Boar~ of Directors of the Cypress Recreation & Park District, it was moved by Councilman Lacaya and seconded by Mayor Mullen to: (1) reject the bid from Sun West Industries and (Z) dispense with the formal competitive bidding process pursuant to City Code Section ZIA-8F and award an annual contract for the purchase of trophies to Los Altos Trophy Company, 10871 Bloomfield, Los Alamitos, in the amount of $Z,529.00. The motion unanimously carried by the fdllowing roll cai1 vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCr~MEMBERS: 0 COHNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None CONSENT CALENDAR: MaNor 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 ~14. It was moved by Mayor Mulle~ and seconded by Councilman Lacayo to approve Items ~8 through 13 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 COUNC1LMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None Item #8: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Furt}~er Reading. Item ~9: Consideration of PrOclaiming November 14-20, 1982, as American Education Week. Recommendation: That the Mayor and City Council officially proclaim the week of ~ ~ '1982, as "A~erican Education Week" in the City of Cypress as requested. Item ~10: Consideration of Authorization for the Chief of Police to Attend the All Committee/Training Conferehce Sponsored by the California Peace Officers' Association. Recommendation: That the City Council authorize the Chief of Police to attend the All Committee/Training Conference sponsored by the California Peace Officers' Association and be reimbursed for all actual and necessary expenses incurred. -9- City Council Minutes November 8, 198Z Item 411: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Deborah P. Rucks, DBA Sizzler Family Steak House, 5894 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item #IZ: Consideration of Recommendations of Traffic Commission Meeting of October 19, 198Z Re: "No Parking" Restriction on Lincoln Avenue, West of Cobblestone Way; Installation of "Z5 mph" Painted Legends on Angela Street between Myra Avenue and Cerritos Avenue; and Establishing a Three-Way Stop Restriction at Intersection of Angela Street and Mildred Recommendation: That the City Council: (1) approve the recommendation of the Traffic Commission to reduce the existing "no parking" restriction on Lincoln Avenue, west of Cobblestone Way, from 295 feet to Z15 feet; and (Z) approve the recommendation of the Traffic Commission to install "25 mph" painted legends on Angela Street between Myra Avenue and Cerritos Avenue, and adopt the Resolution by title only, title as follows, establishing a three-way stop restriction at the intersection of Angela Street with Mildred Lane: RESOLUTION NO. Z58Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A THREE-WAY STOP ATTHE INTERSECTION OF ANGELA STREET WITH MILDRED LANE. Item 413: Consideration of Acceptance of Street Striping and Pavement Marker Installation at Various Locations, City of Cypress Project 48229-90. Recommendation: That the City Council accept the project to install street striping and pavement markers, City of Cypress Project 48ZZ9-90, as being satisfactorily completed in accordance with the Plans and Specifications and authorize the City Clerk to release the Labor and Material Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in material and workmanship become evident. In regard to Item 414, Consideration of Participation of Mayor Mullen at the Landing of the Space Transportation System Flight at the NASA Dryden Flight Research Facility, Edwards, California, Councilman Coronado felt an expenditure for this purpose was unnecessary and would not be of benefit to the City. He expressed concern over spending the funds in view of the many persons who are unemployed. It was moved by Councilman Coronado and seconded by Councilman Rowan to deny authorization for the Mayor's attendance and reimbursement for expenses. Mrs. Maxine Blackburn, 967Z Salisbury, Cypress, stated it would not be to the City's advantage to have the Mayor attend unless he was officially representing the City or making a presentation. Councilman Lacayo inquired about the costs involved. The Mayor stated costs would be for one night's hotel accommodations. He reported the purpose of the invitation was to explain to Mayors and city officials how the space program is intended to affect and benefit cities. Mayor Mullen stated he would withdraw his request. CONTINUATION OF CONSIDERATION OF CABLE TELEVISION JOINT VENTURE FEASIBILITY AND DRAFT REQUEST FOR PROPOSALS: The City Manager presented a report dated November 1 indicating this item was continued from the September 27 meeting. Councilman Coronado stated he would be interested in having representatives from cable companies make a presentation to the Council on equipment used for cable installation so that homeowners will be aware of what is involved with cable installation and how their properties will be affected. Councilman Lacayo suggested that this item be continued to the November ZZ meeting so that the Council may schedule a date with the new Councilmember. It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried to continue this item to the November 2Z meeting. -10- City Council Minutes November g, 198Z 26i 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 #73455 through #73609 in the total amount of $6Z0,593.87. 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 In regard to Item #ZT, the Council had no objection to the wording of the water bill notice relating to the change in the trash collection fee. ORAL COMMUNICATIONS: The City Manager reported that the City should receive the election certification notice by November 15 or 16. The Council agreed to schedule a meeting for Thursday, November 18, at 7:00 p.m. for City Council reorganization and certification of the election results. EXECUTIVE SESSION: Mayor Mullen called an Executive Session for personnel a_nd litigation matters at 10:45 p.m. The meeting was called back to order at 11:30 p.m. with all Councilmembers present. ADJOURNMENT: The Mayor adjourned the meeting at 11:30 p.m. to Thursday, November 18, at 7:00 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE~CITY OF CYPRESS -11-