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HomeMy WebLinkAboutMinutes 82-11-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 22, 1982 The regular meeting of the Cypress City Council was called to order at 6:35 p.m. on Monday, November 22, 1982, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: ABSENT: Councilmembers Coronado, Kanel, Mullen, Partin & Lacayo None Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following staff members: Barrett, Dalesandro, DeCarlo, Dunn, Lamm, Lowenberg and Powell. PLEDGE OF ALLEGIANCE: Councilman Coronado led the pledge to the flag. ORAL COMMUNICATIONS: Mayor Lacayo asked if anyone wished to speak in regard to any matter not on the agenda. Mr. Michael Flipp, 8752 Sumner Place, Cypress, spoke in regard to the campaign contributions limitation and stated that in the November municipal election there were several persons who contributed in excess of $2,500 to the campaign. Mr. Flipp submitted materials to the Council and asked that the Mayor direct the City Attorney to pursue this matter pursuant to the City's ordinance. Mayor Lacayo referred this matter to the City Attorney and requested that he review the expenditure information and determine ~hether or not the expenditures are in conformance with the $100 expenditure limitation and report back at the December 13 meeting. Mrs. Susan Borges, 5622 Bishop, Cypress, read a statement to the Council indi- cating that she is employed as the Zoning Inspector for the City of Cypress and that because of departmental reorganization she is being discharged effective November 26, 1982. Mrs. Borges asked that the Council defer her termination until the grievance procedure which she has initiated is completed. The City Manager reported that he would conduct a grievance hearing tomorrow with Mrs. Borges and the department head and that he planned to make a decision prior to November 24, Wednesday. The City Attorney advised that, since the City has responded to the employee's request, it would be inappropriate for the Council to interfere in the personnel process at this time, and the grievance process should be allowed to proceed to its conclusion. Councilman Coronado stated for the record that he was concerned over newspaper reports relating to his absence at the November 18 Council meeting. Councilman Coronado stated that he had advised the Council of a prior commitment which would prevent his attendance at the Council meeting. He stated he would have attended the meeting if he was able. MINUTES: It was moved by Councilman Mullen, seconded by Councilman Partin and carried, with Councilman Kanel abstaining, to approve the minutes of November 8. STAFF REPORTS & DISCUSSION: Mr. Essex transmitted a report to the Council regarding City Council appointments. Mayor Lacayo suggested that the Council review the report and he requested that this item be placed on the December 13 agenda. Mr. Essex also transmitted a letter from the Cypress School District Board relating to the Walker/Crescent area annexation zone change which indi- cated the Board would appreciate the Council considering another zone classi- fication when disposing of the Mackay School property. ~earing no objections, Mayor Lacayo added Item #28 to the agenda regarding an Executive Session for personnel and litigation matters, and Item #29 regarding City Council expenses. City Council Minutes November 22, 1982 CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT TO PAINT ELEVEN CITY-OWNED VEHICLES: Mr. Essex presented a report from the Public Works Director dated November 12 who recommended that the remaining ten vehicles be painted by the low bidder, based on the satisfactory painting of one truck and the two-year warranty against peeling and crinkling to be provided by the bidder. It was moved by Councilman Mullen and seconded by Councilman Kanel to determine that 1 Day Paint and Body Center, 205 N. Euclid Way, Anaheim, is the lowest responsible bidder and award them the contract for repainting the balance of the eleven vehicles in the amount of $2,314.26. The motion unanimously carried. CONSIDERATION OF AWARD OF CONTRACT FOR ONE TWO-WHEEL DRIVE, 30 H.P. DIESEL TRACTOR, REQUEST FOR QUOTATION #8283-32: The City Manager presented a report from the Finance Director dated November 15 which indicated bids were requested from six vendors and only one bid was received. It was moved by Councilman Partin and seconded by Councilman Mullen to: (1) appropriate $7,157.28 from the Intragovernmental Service Fund to Account #90-4482-650.35 and (2) accept the bid of McCoy Ford Tractor, 13261 Garden Grove Boulevard, Garden Grove, as the lowest responsible bid and award them the contract in the amount of $7,157.28. The motion unanimously carried. CONSIDERATION OF AWARD OF CONTRACT FOR THE RELOCATING, INSTALLATION OF THE TELEPHONE COMMUNICATIONS SYSTEM IN THE NEW POLICE DEPARTMENT FACILITY: Mr. Essex presented a report dated November 17 outlining three bids received and a supplemental report dated November 22 which described staff's reference investigation of the bidders. Following discussion regarding the bid results and performance history of the bidders, it was moved by Councilman Mullen and seconded by Councilman Kanel to: (1) approve an appropriation of $17,634 from the fund balance of the General Fund to Account #11-4189-410.24; (2) authorize an award of contract to Western Tel Comm., 5244 Avenida Palma, Orange, in the amount of $17,634 for the relo- cation and installation of the Police Department telephone system; and (3) authorize staff to terminate the City's telephone system maintenance agreement with ITT Terryphone Corporation as soon as possible and enter into a telephone system "per-call" maintenance agreement with Western Tel Comm. The motion unanimously carried. Mayor Lacayo requested that staff provide the Council with a report at the end of one year comparing the Western Tel Comm. and ITT maintenance service. CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #82-15 AND LIVE ENTERTAINMENT PERMIT - ANTIQUE FAIRE, LOS ALAMITOS RACE COURSE: Mayor Lacayo opened the hearing. Mr. Essex presented a report dated November 17 indicating the hearing was continued from the November 8 meeting. Mr. Lamm reported that the applicant was not present and staff had received no communication from the applicant since the last Council meeting. Hearing no objections, Mayor Lacayo continued the public hearing until later. CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #82-16, TACO BELL RESTAURANT DRIVE THRU, 5619 BALL ROAD: Mayor Lacayo opened the hearing. Mr. Essex presented a report dated November 17 indicating the hearing was continued from the November 8 meeting. Ms. Nancy Reed, representing Taco Bell, reported that the neighbors had agreed to attend a meeting with her tomorrow night to discuss their concerns. Hearing no objections, Mayor Lacayo continued the public hearing regarding Conditional Use Permit #82-16 to the December 13 meeting. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #82-18, HYATT DIE CAST RECREATIONAL VEHICLE STORAGE YARD, 4656 LINCOLN AVENUE: Mayor Lacayo opened the hearing. Mr. Lamm summarized a report dated November 12 describing the application to allow the outdoor storage of recreational vehicles, including boats, trailers and cars, on the easterly five-acre portion of the Hyatt Die Cast property located in the ML-iO,000 Industrial Light Zone. No communications regarding -2- City Council Minutes November 22, 1982 the application were received and staff recommended approval of the permit subject to 15 conditions. Mr. Lamm presented slides of the property showing existing uses/structures and the proposed RV storage area. He outlined various improvements which the applicant would be required to make to the property and responded to questions from the Council concerning the proposal. Mayor Lacayo asked if the applicant wished to speak. Dr. John Meschuk, representing the applicant, stated the RV storage business will provide an opportunity to clean up the property, refurbish the landscaping and eliminate nuisance problems which have irritated the neighbors in the past. He reported the RV operation will have a 24-hour guard and will be open from 9 a.m. to 5 p.m. only. He stated the applicant agrees with all the recommended conditions. Dr. Meschuk stated there is a need for RV storage areas in the City. Mayor Lacayo asked if anyone wished to speak in support. No one wished to speak in support. He asked if anyone wished to speak in opposition to the application. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated Hyatt Die Cast has been irritating the neighbors for 14 years with noise and inadequate landscape screening and he questioned whether they will fulfill their promises. He suggested that many restrictions be placed on the RV operation and that Hyatt be forced to comply with the conditions. Mr. Les Wilson, 9190 Whitney Way, Cypress, stated he had concerns about the applicant living up to their promises. He reported the trees have never been maintained properly. He suggested that there be a height limit for RVs stored on the property and that they be parked an adequate distance from perimeter walls to avoid being an eyesore or fire hazard. Mr. Wilson stated the hours of operation are acceptable if they are restricted. Mrs. Jan Prather, 9180 Whitney Way, stated she has been displeased in the past with the odors, noises and lack of landscaping maintenance on the Hyatt property. She stated she was concerned about lighting at night and that she wanted the RVs parked more than 15 feet from her property line. She questioned how long the proposed operating hours will be in effect and felt the RV operation will be detrimental to her neighborhood. Mrs. Carol Murello, 9230 Whitney Way, expressed concern about the dumping of waste from the RVs into the storm drain on the Hyatt property and over the use of security guard dogs. She reported her fence is lower than her neighbors' and there is no landscaping. She asked that RVs not be parked adjacent to the wall but near the center of the property. Mr. Hardcastle stated the proposed hours of 9 to 5 are impractical for RV owners. He recormmended that a dump station be provided on the property. Mrs. Prather asked that the neighbors be given an opportunity to review the conditions of approval. She stated the hours of 9 to 5 would be nice for the neighbors but an inconvenience to RV owners and she did not think these hours would be maintained. Mayor Lacayo continued the public hearing until later and asked that the neigh- bors get together to review the conditions and discuss their concerne regarding the application. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #82-19~ CYPRESS EVANGELICAL FREE CHURCH~ 9952 GRAHAM STREET (JULIET MORRIS SCHOOL SITE): Mayor Lacayo opened the hearing. Mr. Lamm presented a report dated November 12 which described the request to establish a church, Sunday School and related educational uses at the vacant Juliet Morris School site located in the PS-IA Public and Semi- Public Zone. The Church currently has 150 to 200 members but anticipates a growth in membership. Staff recommended approval of the permit subject to etx conditions. Staff responded to questions from the Council regarding the appli- cation. Councilman Coronado suggested that the conditions contain a requirement -3- · 273 City Council Minutes November 22, 1N82 for security lighting in the parking lot at night. Councilman Partin inquired about the applicant's plans for a pre-school. Mr. Lar~n reported that at present the applicant has no plans to establish a private elementary school but in the future may wish to establish an elementary school up to grade 6. He indicated that the application was worded to accommodate an expanded use in the future. Mr. Steven Highfill, Pastor of the Cypress Evangelical Free Church, reported they have been in the community for five years and are rapidly outgrowing their present facilities. He reported they have been approached by three organiza- tions who would like to establish a private school on the property but they have no present plans for a sub-lease. He reported that the sub-lease and sub-lease tenant are both subject to approval of the Cypress School Board. Mr. Highfill reviewed the conditions of approval. He indicated there are existing lights on the corners of the buildings which can be hooked up to provide nighttime security. He reported the applicant has no objection to making the playing fields available for publicly scheduled recreational uses when the Church is not using them. Mr. Highfill reported that the Cypress School District plans to resurface parking area B next summer. He requested that the applicant be allowed to slurry coat and restripe Lot B at that time. Mr. Lamm suggested that Condition #4 be modified to require that Let B be slurry coated and restriped prior to August 31, 1983. Mr. Highfill reported that parking areas A and B will be connected when the paving work is done next summer. Mayor Lacayo asked if anyone wished to speak in support or in opposition to the application. No one wished to speak. Councilman Partin expressed concern about the scheduling of the playing fields for youth leagues and stated he would like to maintain the orderly scheduling which has existed in the past. Mr. Highfill responded that the applicant will work with the Recreation & Park District who will determine scheduling priorities. Councilman Mullen suggested that Condition #2 be ~mended to include that the scheduling of the fields will be controlled by the Recreation & Park District with the Church having first priority for scheduled use. The Council discussed security lighting of the property and Mr. Essex reported that the School District had implemented a policy of turning off all lights at night as a pre- caution against vandalism. Mr. Highfill stated the applicant will add lighting in the parking lot if existing lighting is found to be inadequate. It was moved by Councilman Mullen and seconded by Councilman Partin to close the public hearing and adopt the following Resolution by title only, title as follows, approving Conditional Use Permit #82-19 subject to the conditions recommended by staff with changes to the following conditions: Condition #2 to state that scheduling of the playing fields shall be controlled by the Cypress Recreation & Park District with the understanding that the Church has first priority for scheduled use; Condition #4 to include that the slurry coating and restriping of Lot B shall be completed before September 1, 1983 and a driveway shall be provided at that time connecting Parking Lots A and B; and Condition #7 to state that security lighting shall be provided to the satisfaction of the City staff: RESOLUTION NO. 2584 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 82-19 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo None None Mayor Lacayo reopened the Public Hearing regarding Conditional Use Permit #82-18, Hyatt Die Cast RV Storage Yard. -4- City Council Minutes November 22, 1982 Mrs. Wilma Wilson, 9190 Whitney Way, requested a prohibition against RV storage, employee parking and the placement of dumpsters in the area along the westerly property line between the Hyatt buildings and residences. Mr. Joe Hardcastle, 4588 Blanca Drive, stated the condition requiring vehicle wheelstops to be placed 15 feet from the walls is vague. He stated that RVs can overhang the wheelstops and cause potential damage to the walls. He recom- mended that the RVs be parked further than 15 feet from the walls. Mr. Jim Eyre, 9100 Whitney Way, reco~mnended that RV access be prohibited along the westerly property line between the Hyatt buildings and the residences and that propane storage be prohibited adjacent to the residential property lines. Mr. Les Wilson, 9190 Whitney Way, requested a clarification of Condition #8 and what type of normal routine maintenance of RVs would be permitted on the property. Mr. Lamm stated that routine maintenance would involve oil changes and repair of minor accessories, etc., but would not include major engine overhauls. Mrs. Prather, 9180 Whitney Way, requested that RV and other vehicle parking be prohibited along Hyatt's westerly property line between their buildings and the residences. She requested that an additional solid landscaping screen be planted along the westerly property line. Mr. Les Wilson, 9190 Whitney Way, requested that the public hearing be continued for two weeks. Dr. John Meschuk, the applicant, responded to the comments of the previous speakers. He reported that the applicant proposes a valet service manned by a 24-hour guard whereby vehicles can be dropped off or picked up from a holding area during off-business hours. Dr. Meschuk reported that the applicant will provide two holding tanks on the property located near the southerly building. He stated there will be no RV storage on the westerly or southerly property lines. He stated the applicant plans to fertilize and provide irrigation systems for all landscaped areas. He stated the applicant would not object to a condition requiring the installation of irrigation systems for all landscaped buffers within one year. Dr. Meschuk stated the washing of vehicles will be done within the existing paved area. He reported that the issue of odors was previously raised by the homeowners and it was determined that the odors did not originate on the Hyatt property. It was moved by Councilman Mullen and seconded by Mayor Lacayo to continue the public hearing regarding Conditional Use Permit #82-18 to the December 13 meeting, to modify and add the following conditions of approval, and direct staff to consult with the homeowners and recommend any additional conditions which are necessary: Condition #1 revise to state that all perimeter landscaping shall be maintained in a healthy, weed free condition to the satisfaction of City staff; Condition #8 revise by deleting "and normal routine maintenance"; add a condition requiring that vehicle storage shall be limited to the easterly 316 feet of the property; add a condition prohibiting vehicles over six feet in height from being stored within 25 feet of any residential property line; add a condition requiring that sanitary waste dumping facilities shall be provided in locations to the satisfaction of City staff and in accordance with Health Department requirements; and add a condition requiring that irrigation systems shall be installed in all perimeter landscape areas within one year from commencement of the storage business. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo None None The Council requested that the homeowners be provided with a copy of the revised conditions of approval prior to the December 13 meeting. -5- City Council Minutes November 22, 1982 PUBLIC HEARING RE: CONDITIONAL USE PERMIT #82-20~ BUILDING MATERIAL SALES & DISTRIBUTION, 8941 ELECTRIC STREET: Mayor Lacayo opened the public hearing. Mr. Lamm presented a report dated November 15 describing the request to establish a building material sales and distribution business at 8941 Electric Street in the ML-10,000 Industrial Light Zone. The property is currently vacant and was previously occupied by the Cypress Recycling Transfer Station. Staff recommended approval of the permit subject to six conditions. Mr. Ole Graum, representing the owner of Building Material Liquidators, Inc., reported that their operating hours coincide with daylight savings time and are based on customer needs. He reported they have never done business on Sundays. Mayor Lacayo asked if anyone wished to speak in support or in opposition to the application. No one wished to speak. It was moved by Councilman Mullen and seconded by Mayor Lacayo to close the public hearing and adopt the Resolution by title only, title as follows, approving Conditional Use Permit #82-20 subject to the six conditions: RESOLUTION NO. 2585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PE~IT NO. 82-20 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEM_BERS: Coronado, Kanel, Mullen, Partin & Lacayo None None In regard to Item #11, Continuation of Public Hearing Re: Conditional Use Permit #82-15 and Live Entertainment Permit - Antique Faire, Los Alamitos Race Course, staff reported that the applicant was not present. It was moved by Councilman Kanel, seconded by Councilman Mullen and unanimously carried to continue the public hearing to the December 13 meeting and request that staff transmit a letter to the applicant inquiring about the status of his application. RECESS: Mayor Lacayo called a recess at 8:45 p.m. The meeting was called back to order at 8:52 p.m. with all Councilmembers present. CONSENT CALENDAR: Mayor Lacayo 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 agendat It was moved by Councilman Mullen and seconded by Councilman Kanel to approve Items #4 through #10 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo None None Item #4: Motion to Introduce and/or Adopt All Ordinances Presented for Con- sideration by Title Only and to Waive Further Reading, Item #5: Consideration of Resolutions of Commendation for Eagle Scouts. Recormnendation: That the City Council adopt the following resolutions by title only, titles as follows: -6- City Council Minutes November 22, 1982 RESOLUTION NO. 2586 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COM~NDING BOY SCOUT JOHN DERRICK MCCLELLAND ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 2587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT CHARLES JOSEPH KEELING, II, ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 2588 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT DANA PATRICK CONNER ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 2589 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT KEITH TODD HANDA ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 2590 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CO~4ENDING BOY SCOUT KEITH JOSEPH KUNTZ ON ACHIEVING THE RANK OF EAGLE SCOUT. Item #6: Consideration of Proclaiming December 1 - 20, 1982, as Toys for Tots Official Campaign Period. Recommendation: That the Mayor and City Council officially proclaim December 1 - 20, 1982 as the "Toys for Tots" official campaign period. Item #7: Consideration of Application for an Original Alcoholic Beverage License Filed by Ralph Petersen for Sambo's Restaurants, Inc., 4991 Lincoln Avenue, Cypress. Recommendation: That the City Council receive and file the application subject to the Council's approval/disapproval of a conditional use permit at a future meeting. Item #8: Consideration of Proclaiming December 6 - 10, 1982 as Lungs for Life Week. Recommendation: That the Mayor and City Council officially proclaim December 6 - 10, 1982 as "Lungs for Life Week" in the City of Cypress as rsquestsd, Item #9: Consideration of Cypress School/Senior Citizens Center Improvements. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, approve a trans- fer of $10,000 from Account #12-4278-317.08 to #12-4186-592,24 for the Senior Citizens Center project. Item #10: Consideration of Acceptancs of Donation of Funds. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, accept the gift of funds in the amount of $150, and designate it for purchase of tables and chairs to be located at Arnold/Cypress Park. -7- City Council Minutes November 22, 1982 CONTINUATION OF CONSIDERATION OF CABLE TELEVISION JOINT VENTURE FEASIBILITY AND DRAFT REQUEST FOR PROPOSALS: The City Manager presented a report dated November 17 indicating this item was continued from the November 8 meeting. Councilman Coronado requested that the City Attormey prepare a report for the workshop meeting concerning the legal implications of the joint venture proposal. Following general discussion regarding the purpose and format of the workshop session, the Council decided to schedule the workshop for Wednesday, December 1, at 7:00 p.m. in the City Council Chambers. CONTINUATION OF CONSIDERATION OF YOUTH COMMISSION APPOINTMENTS: Mr. Essex presented a report regarding this matter dated November 17. Councilman Mullen suggested that the Council appoint all of the persons who were interviewed to the Cor~nission. It was moved by Councilman Mullen and seconded by Councilman Coronado to appoint the persons who had been interviewed to the Youth Commission. Following dis- cussion in which staff pointed out difficulties in having such a large member- ship on the Commission, Councilmembers Mullen and Coronado withdrew the motion and second. It was moved by Councilman Partin, seconded by Councilman Mullen and unanimously carried to: (1) appoint Lisa Osheski, Judith Rudner, Rosalia Rodriguez, Suzanne Hawkins and Jimmy Goodgome as members of the Youth Commission and (2) appoint Julie Souder, Rebecca Ebert, Robin Chambers and Amy Lehner as alternates to the Youth Commission. Councilman Kanel stated for the record that he would concur with the Council's appointments since the applicants had been interviewed by the Council. He requested copies of the applications which were submitted. CONSIDERATION OF ANNUAL ARTERIAL HIGHWAY FINANCING PROGRAM, CITY OF CYPRESS PROJECT #8400-10: The City Manager presented a report from the Public Works Director dated November 9 describing the proposed improvement project on Cerritos Avenue from Santa Clara to Denni Street and from Denni to Moody Street which staff recommended be included in the 1983/84 Arterial Highway Financing Program. It was moved by Councilman Mullen and seconded by Councilman Kanel to adopt the Resolution by title only, title as follows: RESOLUTION NO. 2591 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF CERRITOS AVENUE FROM SANTA CLARA STREET TO DENNI STREET AND FROM DENNI STREET TO MOODY STREET. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMBMBERS: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo None None CONSIDERATION OF REQUEST FOR SB 821 FUNDS FOR BICYCLE AND PEDESTRIAN FACILITIES ON WALKER STREET BIKEWAY FROM CERRITOS AVENUE TO KATELLA AVENUE~ CITY OF CYPRESS PROJECT #8115-90: The City Manager presented a report from the Public Works Director dated November 10 which recommended that the Council adopt a resolution approving the application for SB 821 funds for the bike trail~on Walker Street between Cerritos and Katella. Staff indicated that the resolution will allow funds to be accumulated for this project over a period of several years, beginning with the 1980/81 fiscal year. -8- 278 City Council Minutes November 22, 1982 It was moved by Councilman Mullen and seconded by Councilman Kanel to adopt the Resolution by title only, title as follows, authorizing submittal of a request to the Orange County Transportation Commission for funding from SCAG for the Walker Street bike trail: RESOLUTION NO. 2592 A RESOLUTION OF THE CI?Y COUNCIL OF THE CITY OF CYPRESS APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS AUTHORIZED UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo None None CONSIDERATION OF COYOTE CREEK BICYCLE TRAIL FROM SOUTH SIDE OF CERRITOS AVENUE TO SOUTH SIDE OF CRESCENT AVENUE, CITY OF CYPRESS PROJECT #8219-90: The City Manager presented a report dated November 10 from the Public Works Director which described the bike trail project and recommended that the Cypress/Los Alamitos joint project be submitted for SB 821 funding. It was moved by Councilman Mullen and seconded by Councilman Kanel to: (1) authorize the City of Los Alamitos to submit a joint application to the Orange County Transportation Commission for SB 821 Bicycle Trail Funding for the construction of the Coyote Creek Regional Bicycle Trail and (2) approve allocation of the City of Cypress' local SB 821 funds for 1982/83 in the amount of $9,914 for the Coyote Creek Regional Bicycle Trail. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo None None CONSIDERATION OF INSPECTION OF PUBLIC IMPROVEMENTS AT MCDONNELL PLAZA AND MITSUBISHI DEVELOPMENTS: The City Manager presented a report dated November 10 from the Public Works Director who requested that a Public Works Inspector be employed for approximately 500 manhours to inspect the public improvements for the two projects. It was moved by Councilman Mullen, seconded by Councilman Kanel and unanimously carried to authorize an appropriation from the fund balance of the General Fund and appropriate $10,000.00 to Account #11-4018-261.07 to cover the cost to employ a Public Works Inspector for inspection of the public improvements in connection with the McDonnell Plaza and Mitsubishi .developments. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Council- man Mullen and seconded by Mayor Lacayo to approve the Warrant List for Warrants #73610 through #73747 in the total amount of $223,692.24. The motion unani- mously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMEERS: Coronado, Kanel, Mullen, Partin & Lacayo None None SECOND READING OF ORDINANCE RE: AMENDMENT TO THE ZONING ORDINANCE #82-3: It was moved by Councilman Mullen and seconded by Mayor Lacayo to order the following Ordinance read by title 0nly, title as follows, and to adopt the Ordinance: ORDINANCE NO. 699 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 9 RESIDENTIAL ZONES OF ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS AMENDMENT TO THE ZONING ORDINANCE NO. 82-3. -9- City Council Minutes November 22, 1982 The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINING: 1 COUNCILMEMBERS: Kanel Councilman Kanel stated he abstained since he did not participate in the public hearing relating to Zoning Ordinance Amendment #82-3. SECOND READING OF ORDINANCE RE: ZONE CHANGE #82-2: It was moved by Councilman Mullen and seconded by Mayor Lacayo to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 700 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. Mr. Jess Black, 5422 DeLong Street, Cypress, stated he preferred the RM-15 Residential Multiple Family Zone designation for the property on DeLong Street west of Watson, consistent with the remainder of the area. He pointed out that there are existing apartment complexes in the area even though the area was zoned single-family by the County. Mr. Lamm reported that the survey will be mailed tomorrow to residents in the area to determine their opinions on zoning for this area. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Partin & Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINING: 1 COUNCILMEMBERS: Kanel Councilman Kanel stated he abstained because he was not present for the first reading of the Ordinance or the public hearing on the zone change. CONSIDERATION OF CYPRESS COMMUNITY CENTER USE POLICY: The Recreation & Park Director summarized a report dated November 10 which outlined various changes to the Cormmunity Center use policy as recommended by the Recreation & Community Services Commission. He reported that the revised policy clarifies past written and undefined policies and adds a definition of terms, and one major change relates to the rental fee charged for local City Council candidate fund raising events. Mayor Lacayo felt that classifying Council candidate fund raising events in the non-profit category, subject to the $70 rental fee, would provide an unfair advantage to Council incumbents. Councilman Mullen stated he did not support the proposed $70 fee for candidate fund raising events and he recom- mended the elimination of references which give special treatment to Council candidates. Following further discussion, it was moved by Mayor Lacayo and seconded by Councilman Mullen that the Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, approve the Cypress Community Center Use Policy changes as proposed by the Recreation & Community Services Commission, subject to deleting Council candidate fund raising events from the Non-profit Resident category and including them in the Resident Private category. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo None None -10- City Council Minutes November 22, 1982 CONSIDERATION OF CYPRESS COMMUNITY COUNTRY FESTIVAL EVALUATIONS AND FUTURE CONSIDERATIONS: The Recreation Director presented a report dated November 10 outlining six recommendations of the Recreation & Community Services Commission for future community festival events. Following discussion, it was moved by Councilman Mullen and seconded by Council- man Kanel that the Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, approve Recommendations #1, 2, 5 and 6; approve Recommendation #4 relating to booth rental revenues subject to the condition that the City Finance Director shall have direct authority and involvement in the supervision of these funds; and continue Recommendation #3 relating to a permanent banner and poles to the next budget meetings. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Kanel, Mollen, Partin & Lacayo None None CONSIDERATION OF CARPORT SHELTER FOR TRANSPORTATION COACH: The Recreation Director presented a report dated November 15 which described a proposed carport shelter to be constructed at the Community Center for the 18-passenger van. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Mullen, seconded by Councilman Kanel and unanimously carried to approve an appropriation of $2,800 from the General Fund to Account #12-4186-593.24 for the purchase of a carport shelter to be placed at the Cypress Community Center. In regard to Item #29 concerning Councilmembers' expenditures, Councilman Mullen stated that, following the last regular meeting, he had reconsidered his request for reimbursement for attendance at the space shuttle landing. He pointed out that the expenditure for his attendance was minimal and the landing was attended by over 300 mayors and elected officials from across the country which provided a valuable communication exchange of benefit to the Cypress community. He felt his participation warranted a City expenditure. Mayor Lacayo indicated that the space shuttle landing was well attended by U.S. and international representatives and that publicity of the program was impor- tant to understand its beneficial commercial aspects. He stated it was an honor to have the Mayor represent the City at the event. Mayor Lacayo moved that Councilman Mullen submit his reimbursement request to the City for inclusion on the warrant list. Mayor Lacayo then withdrew the motion. It was moved by Councilman Kanel and seconded by Mayor Lacayo to approve a reimbursement of expenses for Councilman Mullen's attendance at the space shuttle landing. Councilman Coronado stated the City did not benefit by Councilman Mullen's attendance and he felt this was a frivolous expenditure of taxpayers' dollars. He stated he will continue to oppose these types of expenditures. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL~MBERS: 1 COUNCILMEMBERS: 0 COUNCILM~EMBERS: Kanel, Mullen, Partin & Lacayo Coronado None ORAL COMMUNICATIONS: No oral communications were presented at this time. EXECUTIVE SESSION: Mayor Lacayo called an Executive Session at 10:15 p.m. to discuss matters of personnel and litigation. The meeting was called back to order at 11:40 p.m. with all Councilmembers present. -11- 281 City Council Minutes November 22, 1982 ADJOURNMENT: It was moved by Mayor Lacayo, seconded by Councilman Mullen and unanimously carried to adjourn the meeting at 11:40 p.m. to Wednesday, December 1, 1982, at 7:00 p.m. ? ~'~ ~Tm~ c~f~ o~ ~R~SS ATTEST: -12-