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HomeMy WebLinkAboutMinutes 82-12-13288 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 13, 198Z The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday, December 13, 1982, in the Cypress City Council Chambers, 5Z75 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, DeCarlo, Durra, I.amm, Lowenberg and Schatzedar. PLEDGE OF ALLEGIANCE: Councilman Kanel led the pledge to the flag. PRESENTATION OF EMPLOYEE SERVICE PINS: Mayor Lacayo presented ten year service pins to Officer Gary Boldizar, Sergeant Richard Hobbs and Associate Civil Engineer Telesforo Alvarez. Mayor Lacayo presented a five year service pin to Officer Michael Idom. Employees not present to receive pins were Agent Byron Atkinson who earned a 10 year pin and Maintenance Worker Robert Chenarides who earned a five year pin. Mr. Dermis Mansfield, Administrative Assistant to newly elected Assemblywoman Doris Allen, introduced himself to the Council and indicated that Assemblywoman Allen was interested in establishing a series of meetings with the City Councils and developing close working relationships. He invited the Council to contact him at the District office, 5911 Cerritos Avenue, if they need assistance. Mr. Martin Figoten, Director of the Miss Cypress Pageant, introduced the new Miss Cypress, Laura Howard, and Junior Miss Cypress, Christy Klostriech. He indicated that this was the first year the Junior Miss Pageant was conducted in Cypress. Miss Howard stated she looked forward to working with the Mayor and City Council during the coming year. Miss Klostriech stated it was an honor to be selected Junior Miss Cypress and that she looked forward to working with Miss Cypress and representing the City of Cypress at the Junior Miss California Pageant. Mr. Figoten reported that Miss Howard would be competing in the Miss California International Pageant in April 1983 and the event will be televised. Mayor Lacayo announced that there was a request from staff for an Executive Session for personnel matters. Mrs. Susan Borges, 56ZZ Bishop Street, Cypress, asked if the Executive Session related to her grievance action. The City Attorney indicated that he was requesting an Executive Session to discuss matters of litigation, not personnel. EXECUTIVE SESSION: Mayor Lacayo called an Executive Session at 6:40 p.m. for matters of litigation. The meeting was called back to order at 6:52 p.m. with all Councilmembers present. Mayor Lacayo presented Councilman Mullen with a Mayor's gavel plaque in recognition of his term serving as Mayor. Councilman Mullen thanked the Council for the plaque. ORAL COMMUNICATIONS: Mayor Lacayo asked if anyone wished to speak in regard to any matter not on the agenda. Mrs. Susan Borges, 56ZZ Bishop Street, Cypress, announced that she was appealing the administrative decision relating to her discharge and she requested that the appeal matter be placed on the December Z7 agenda so that a date for a hearing may be established. She requested that she be notified of the issues which will be heard at the hearing so that she may be prepared to address them. She stated she would like the right to call and cross examine witnesses and she requested a list of witnesses who will be called by administration. Mrs. Borges asked that a transcript of the hearing be made and that she be afforded all of her constitutional, federal and state rights. Following discussion between the Council and City Attorney, it was moved by Councilman Kanel and seconded by Councilman Mullen that Mrs. Borges be granted an appeal hearing and that staff and the City Attorney make the appropriate arrangements to employ an independent hearing officer and advise Mrs. Borges of his availability. 289 City Council Minutes December 13, 198Z Mrs. Borges stated she felt she had a legal right to the appeal hearing. She stated she would like the Council to place her request for a hearing on the December Z7 agenda. Councilman Partin stated he would be on vacation on December Z7 and that the Council may not conduct a meeting on the ZTth. The City Attorney stated the Council would not be involved in scheduling a hearing date since the date would be established based on the availability of the independent hearing officer. He stated the hearing date would be mutually convenient for the hearing officer and employee. Mayor Lacayo stated he had no objections to keeping this matter on the agenda and he requested that staff present a status report at the next Council meeting. Mr. Essex reported that the normal procedure in such matters is that the hearing officer will advise the City of several dates on which he would be available and then the employee may select the most convenient date. Mrs. Borges stated she did not want to waive her right to a public hearing pursuant to the Brown Act which is why she questioned having a third party involved in the hearing. The City Attorney advised Mrs. Borges that the hearing would be public unless she requested that it be closed to the public. He also advised her that she would have the same rights to call or cross examine witnesses regardless of whether the appeal is conducted by the Council or an independent hearing officer and that a transcript would be kept of the hearing proceedings. 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 Mrs. Darlene Upton, 4638 Larwin, Cypress, described a charitable project she is involved in which assists an orphanage located south of Tia Juana, Mexico. She reported the project began in 1959 and is solely supported by various groups and churches although the orphanage is not affiliated with a particular church. The orphanage cares for about 100 children from infants to young adults. Mrs. Upton reported that the orphanage is in need of food, heating apphances, mattresses, and clothing. She indicated a radio is needed since the orphanage has no communication with the nearby town of Rosarita Beach. Mrs. Upton requested the community's assistance for the orphanage. CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT ~8Z-15 AND LIVE ENTERTAINMENT PERMiT - ANTIQUE FAIRE, LOS ALAM1TOS RACE COURSE: Mayor Lacayo opened the hearing. The City Manager presented a report dated December Z from the Community Development Director which indicated that Mrs. Vessels, owner of the Race Track, had requested withdrawal of the application. It was moved by Councilman Mullen and seconded by Councilman Kanel to approve withdrawal of the application for Conditional Use Permit ~8Z-15. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo 0 COUNCIl.MEMBERS: None 0 COUNCILMEMBERS: None CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT 4t8Z-16 - TACO BELL DRIVE-THRU RESTAURANT~ 5619 BALL ROAD: Mayor Lacayo opened the public hearing. Mr. Lamm presented a report dated December Z indicating that a meeting between Taco Bell and neighborhood representatives was held on December 1. At that meeting the applicant presented revised drawings and agreed to construct additional improvements on the property to help mitigate adverse impacts. The report transmitted a list of revised conditions suggested by the homeowners. Mr. Jim Middleton, representing Taco Bell, 16808 Armstrong Avenue, Irvine, stated the applicant attempted to respond to the homeowners' concerns at the meeting. 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 Councilman Kanel to close the hearing and adopt the Resolution by title only, title as follows, approving Conditional Use Permit #8Z-16 subject to the conditions contained in Exhibits A and B: -Z- City Council Minutes December 13, 198Z RESOLUTION NO. Z593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 8Z-16 - WITH CONDITIONS. Councilman Kanel stated he had listened to the tape recording of the hearing conducted at the October Z5 meeting. He asked if there was a standard condition which grants the Council authority to review the conditional use permit if similar problems for the neighbors develop at a later date. The City Attorney indicated that any violation of the City Code or conditions of approval would be subject to the Council's review~ amd Condition 4~8 specifically states that the Council shall maintain the right to review the restaurant's operating hours and hours of on-site security lighting. Councilman Partin inquired about Condition 4t14 which states the concrete block wall shall be extended in height if so requested by the adjoining homeowners. He asked why this was not a definite requirement. Staff reported that it was unknown whether the wall could accommodate another two courses of block. The homeowners had indicated that it would be nice if the wall was extended. Mr. Lamm indicated that if reconstruction of the wall is necessary, the homeowners may drop their request. However~ Taco Bell would have to reconstruct the wall if it was requested by the homeowners. Mr. Middleton stated there were other alternatives which could be considered such as adding a wood extension to the wall. He indicated the homeowners' concern was with the visual impact of the restaurant, not with noise. Councilman Mullen requested that Condition ~14 be amended to include that a maximum of two additional courses of concrete block "or, in the event the foundation of the wall will not accommodate concrete, the equivalent of some other type material" shall be added to the northerly property line block wall if so requested by the adjoining property owners, "subject to approval of the City staff and adjoining property owners and subject to the condition that the plans for the wall extension shall be submitted to the City's Building Division for structural check regardless of the material used". Councilman Kanel asked if the manager of Taco Bell attempted to control noise which may be created by customers, such as from loud car radios. He felt the management should make patrons aware that the restaurant risks losing its use permit if it creates problems for the neighbors. Mr. Middleton stated he will suggest to the management that they attempt to control noise by the patrons. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo 0 COUNCIl.MEMBERS: None 0 COUNCILMEMBERS: None CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT 4~8Z-18 - HYATT RECREATIONAL VEHICLE STORAGE YARD~ 4656 LINCOLN AVENUE: Mayor Lacayo opened the hearing. Mr. Lamm presented a report dated December Z which transmitted a list of revised conditions reflecting changes recommended by the property owners located to the west of Hyatt Die Cast. Mr. Essex reported that another communication was received today from residents on Julie Beth Street, located to the east of the Hyatt property, who recommended six additional conditions. Mr. Lamm outlined the six additional conditions which requested: (1) that the dump station be located at the entrance on Lincoln Avenue; that the hours of public access to the storage area be limited from 9 a.m. to 5 p.m. daily with no stipulation that these hours can be amended by the Council; (3) that a 16 foot high retaining wall be constructed along the east perimeter of the storage areal (4) that trees in the perimeter landscaping be removed and replaced with a Cypress-type evergreen that does not shed and be maintained by the applicant; (5) that a full-time manager be employed to supervisor the RV operation and that the operation not be supervised by employees of Hyatt Die Cast; and (6) that the dump station, retaining wall and landscaping improvements be completed prior to the opening of the storage yard. Dr. John Meschuk, representing the applicant, expressed concern over the new request for additional conditions and felt this indicated a desire by the neighbors to defeat the project. He responded to the proposed conditions and stated the 16 foot high wall would be out of the question and economically not feasible to construct. He stated the condition that Hyatt not manage the RV operation was impractical. Dr. Meschuk reported there are two existing dump stations on the property which are located far enough away from the residential properties. The dump stations are located over 100 feet from the southerly property line and 500 feet from the easterly property line. He stated the requested hours of 9 a.m. to 5 p.m. are no problem. With regard to the landscaping condition, Dr. Meschuk reported that -3- City Council Minutes December 13, 198Z whether or not the permit is granted, Hyatt intends to clean up the entire property and is negotiating for tree trimming service. He stated Hyatt would replace trees which were destroyed in the recent storm and repair the irrigation systems. He indicated that it would not be economical for Hyatt to remove existing healthy trees. He stated the dump stations and landscaping conditions can be met before the RV business opens. Dr. Meschuk stated the applicant could accept all of the recommended conditions except nos. 1, 3, 4 and 8 from the new list. Mr. Jack Wannebo, 9141 Julie Beth Street, Cypress, reported that he and his next door neighbor did not receive a public hearing notice. Mr. Wannebo stated he was made aware of the Hyatt application at his Neighborhood Watch meeting and the neighbors reviewed the revised conditions of approval and added conditions for improvements they would like. Mr. Wannebo explained why the neighbors recommended the six additional conditions. He stated he understood that the Council in the future may wish to amend the condition establishing the hours of operation and his request was that he be notified of a proposed change of the operating hours. Mr. Wannebo stated he does not oppose the project as long as it is done right. He stated he does not want his privacy invaded and he requested that Hyatt provide a phone number so the neighbors may phone in complaints. Mr. Robert Stack, 9151 Julie Beth, indicated that the design of the Warmington project to the north of his tract provides privacy via a 16 foot high building wall. Mr. Stack indicated that a 16 foot high wall on the easterly boundary of the Hyatt property would prevent an invasion of privacy for the homeowners and ensure that objects don't get thrown over the wall. Mrs. Ann Garrett, 9191 Julie Beth, stated the perimeter trees have been dead for two years and should be replaced. She stated it would be preferable to have the RV waste dumped at a station near Lincoln Avenue than elsewhere on the property. Mrs. Garrett stated the neighbors recommended that the 9 a.m. to 5 p.m. operating hours not be subject to change because they were unaware that they would be notified of a proposed change. Mrs. Garrett stated she was concerned about security. She indicated that RV lots are subject to break-ins and the wall can be easily climbed which may lead to an increase in burglaries in her neighborhood. She stated that security lighting shining onto her property would be hard to live with. Mrs. Garrett expressed concern over potential noise from the RV operation, stated the 10 foot high wall would provide privacy, requested the planting of Evergreen type landscaping which will not shed leaves, and requested a full-time supervisor for the RV business. Mrs. Garrett stated the neighbors were concerned that the business may start out looking attractive and then deteriorate. Mr. Joe Hardcastle, 4588 ]~lanca Drive, Cypress, stated the RV storage area was an impractical proposal and that if the property were developed with single-family homes it would eliminate problems for the neighbors. He stated a dump station is inexpensive to construct and can be placed anywhere on the Hyatt property. He suggested that Hyatt place the dump station near Lincoln Avenue and make it available for public use. Mr. Hardcastle stated there are no trees without problems since they all drop leaves. Mr. Hardcastle recommended that strict security measures be employed since RVs often contain valuable equipment and appliances. Mr. Howard Neill, 9171 Julie Beth Street, stated that several of the neighbors appeared before the Council to express concerns over Hyatt Die Cast's original application and despite Hyatt's promises to be a good neighbor the residents' greatest fears were realized. He stated the neighbors have been before the Council many times seeking redress on their grievances and now are being asked to suffer more. He asked that the Council put themselves in the homeowners' position and consider the noise, security and history of the property. Dr. Meschuk responded to the previous comments and stated Hyatt proposed the valet service so that vehicles being moved in or out during early or late hours will not create a disturbance for the neighbors. He reported that Hyatt will: hire an experienced, full-time employee to run the RV business, replace approximately 40 to 60 trees, trim all trees and remove trash from the property. Dr. Meschuk stated the applicant is open to the dump station location and will do what they have to. He stated a successful RV business depends on having an attractive facility and in addition Hyatt does not want the RV business to interfere with the die casting operation. Dr. Meschuk reported that there is a Z4-hour guard as well as a telephone at the gate and an arrangement will be worked out to handle neighbor complaints. Councilman Kanel asked questions about the proposed valet service and expressed concern that a great number of vehicles arriving at the same time could exceed the capacity of the holding area. Mayor Lacayo suggested that the Council could limit the number of vehicles which may be held in the holding area. Councilman Kanel pointed out to the applicant that the neighbors were raising numerous concerns because they have lost faith with Hyatt Die -4- 29Z City Council Minutes December 13, 198Z Cast. Mayor Lacayo stated he was concerned over the fence issue and with protecting the privacy of the homeowners and hoped that Hyatt would follow through with their landscaping plans. Dr. Meschuk pointed out that the conditions staff recommends are very restrictive and must be met before Hyatt can begin to store vehicles on the property. Councilman Mullen suggested that the applicant arrange a meeting with the neighbors to negotiate their differences. It was moved by Councilman Mullen and seconded by Mayor Lacayo to continue the public hearing regarding Conditional Use Permit ~8Z-18 to the January 10, 1983 meeting and request that the applicant meet with the neighbors on Julie Beth Street and City staff. Dr. Meschuk stated he felt the issues were clear and that there were no further questions to be resolved. He stated he may consider withdrawing the application and propose a different use for the property. He requested that the Council make a determination tonight on the RV application. Mrs. Wilma Wilson, 9190 Whitney Way, Cypress, asked what type of facilities would be provided for the washing of vehicles and whether the applicant proposed a typical car wash. Mr. Lamm reported there was no indication that the applicant intended to install a mechanical car wash. He reported that the washing of vehicles would be restricted to the open area within the easterly 316 feet of the property. Mr. Lamm indicated that any proposed cleaning facilities which may have an adverse impact on the neighbors would be subject to review by the Planning Department. Councilman Partin outlined areas where he felt a compromise could be reached. He stated the dump station location can be easily worked out between the applicant and City staff, and the valet service can be eliminated and the operating hours restricted to 9 a.m. to 5 p.m. to appease the neighbors. He stated a 16 foot high wall would be prohibitive and it was questionable whether it would stand. He indicated that a privacy problem is common to most homeowners and must be looked at logically. He stated the RV operation would be profitable for the applicant by putting empty land to use. Councilman Partin recommended that a condition be added requiring a City inspection of the Hyatt property twice a year. He stated the applicant had settled the concerns of property owners on the west and he felt the request for additional meetings was excessive. He stated he was ready to vote on the matter. Councilman Coronado stated that none of the neighbors had expressed opposition to the actual RV storage use and that he would like the project to proceed. He stated he supported a continuance of the hearing and he requested that staff provide a plot plan of the property identifying the dump station locations, vehicle washing areas and holding area and how many vehicles can be accommodated there. Councilman Kanel urged the applicant to meet with the adjacent homeowners to the east and accept a continuance of the hearing. Mayor Lacayo expressed a desire to close debate on this matter. The Councilmembers, with the exception of Councilman Partin, expressed their agreement that debate should be closed and that a vote on the motion should be taken. The motion to continue the hearing to the January 10 meeting unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECESS: The Mayor called a recess at 9:10 p.m. The meeting was called back to order at 9:2Z p.m. with all Councilmembers present. CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT ~80-Z7 - ELECTRONIC PALACE ARCADE: 9060 VALLEY VIEW STREET (SOUTHEAST CORNER OF VALLEY VIEW & LINCOLN AVENUE): The Community Development Director presented a report dated December 2 indicating that the owner of the arcade requested a two-year extension of the use permit. Mr. Lamm recommended approval of the extension for two years or for three years to coincide with the building lease since the business has not been detrimental to the neighborhood and the conditions of approval for the arcade are in compliance with the City's Arcade Ordinance. It was moved by Councilman Mullen and seconded by Councilman Partin to adopt the Resolution by title only, title as follows, approving a three-year extension of Conditional Use Permit #80-Z7: -5- City Council Minutes RESOLUTION NO. Z594 December 13, 198Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN EXTENSION OF CONDITIONAL USE PERMIT NO. 80-Z7 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: O COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo None None CONTINUATION OF CONSH)ERATION OF CABLE TV JOINT VENTURE FEASIBILITY AND DRAFT REQUEST FOR PROPOSAL: Mr. Essex presented a report dated December 7 indicating this item was continued from the December 1 workshop. He transmitted a report summarizing the questions and answers which were raised at the workshop meeting. Councilman Coronado stated that he did not support a joint venture and felt if one were pursued it would result in legal and other problems. He recommended that the Council update its cable TV ordinance and then proceed with a straight franchise. Councilmembers Mullen, Partin and Kanel expressed support for proceeding with the joint venture proposal and indicated that if there are no bidders, the City can seek a private franchise. It was moved by Councilman Mullen and seconded by Councilman Kanel to approve the draft Request for Proposal for the cable television system joint venture. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated the delay by the City Council in taking action on the issue of cable TV has been good because action taken when this issue was first brought up would have been premature. He stated the residents of Cypress want and need cable TV. He asked who would install the cable under the joint venture. The Mayor indicated that under the joint venture the City would have control over awarding the contract for the cable installation to either the franchisee or his contractor. Mr. Bob Hawkins, 4544 Shasta Circle, Cypress, stated he wholeheartedly supported the Council's interest in a joint venture. He asked if an unsuccessful sale of the bond issue would delay the cable TV program and cause the City to consider another alternative. The City Attorney indicated that an unsuccessful sale of the bonds was possible, but at an early stage the bond underwriter would be able to advise the City on the marketability of the bond issue and whether there was any fundamental problem with the concept. He indicated that an unreceptive market due to high interest rates could delay the financing and cause the City to reconsider its approach. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Kanel, Mullen, Partin & Lacayo 1 COUNCILMEMBERS: Coronado 0 COUNCILMEMBERS: None It was moved by Councilman Kanel and seconded by Councilman Mullen to order the following Ordinance read by title only, title as follows, and to approve the first reading: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING CHAPTER 6 OF THE CYPRESS CITY CODE. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIl.MEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None It was moved by Councilman Kanel and seconded by Councilman Mullen to adopt the Resolution by title only, title as follows: RESOLUTION NO. Z595 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROVIDING PROCEDURES FOR THE GRANTING OF CABLE TELEVISION FRANCHISES. -6- 294 City Council Minutes December 13, 198Z The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo 0 COUNCIl,MEMBERS: None 0 COUNCILMEMBERS: None MINUTES: It was moved by Councilman Mullen, seconded by Councilman Kanel and carried, with Councilman Coronado abstaining, to approve the minutes of November 18. It was moved by Councilman Mullen, seconded by Mayor Lacayo and unanimously carried to approve the minutes of November ZZ. STAFF REPORTS & DISCUSSION: The City Manager requested an Executive Session to discuss matters of litigation and personnel. Hearing no objections, Mayor Lacayo also added the following items to the agenda: Item 4~33 regarding Social Security refunds, Item 4~34 regarding the City Council meeting time, Item ~35 regarding the Traffic Commission membership~ Item #36 regarding political sign posting in public rights-of-way, and Item I~37 regarding a resolution of commendation for the State baton twirling champion. Mayor Lacayo requested that staff contact Supervisor Wieder's office in regard to obtaining the $35,000 proposed for the Cypress Nature Park and that staff present a report at the January meeting concerning a schedule for joint meetings with the City Commissions. Councilman Partin requested that staff contact the Anaheim Union High School District to determine if the sprinkler systems at Oxford can be changed to promote new grass growth and provide additional field areas for league play. He requested that staff report back on this item. CONSIDERATION OF AWARD OF CONTRACT FOR REPLACIiWG TOWING COUPLERS ON TRAILERS: Mr. Essex presented a report from the Public Works Director dated December 1 which indicated that five vendors were contacted and only one submitted a bid. Staff indicated that, following a recent accident, they investigated all couplers used for trailer hook-ups on City equipment that is towed behind a truck. Staff recommended the replacement of couplers on Z3 pieces of equipment. It was moved by Councilman Mullen and seconded by Councilman Kanel to determine that Steel-Craft Mfg., 989 North Batavia, Orange~ is the lowest responsible bidder and award them the contract for replacing couplers on City-owned trailers in the amount of $4,113.54. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR MOVING ALL OFFICE EQUIPMENT~ FURNITURE AND SUPPLIES OF THE CYPRESS POLICE DEPARTMENT~ REQUEST FOR QUOTATION ~8Z83-36: Mr. Essex presented a report dated December 7 and a supplemental report dated December 13 from the Finance Director which outlined three bids received. It was moved by Councilman Mullen and seconded by Councilman Partin to accept the bid of Apace Moving & Storage, 2150 Alton Avenue, h-vine, as the lowest responsible bidder and award them the contract in the amount of $3,031.81. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNC]LMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo None None CONSENT CALENDAR: The Mayor 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 Partin requested the removal of Item ttlS. -7- City Council Minutes December 13, 198Z 295 It was moved by Councilman Mullen and seconded by Mayor Lacayo to approve Items #4 through ~22 on the Consent Calendar with the exception of Item ~18. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIl.MEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item #4: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item ~5: Consideration of Proclaiming December 12-18, 1982, as Bill of Rights Week. Recommendation: That the Mayor and City Council officially proclaim December 12-18, 1982, as "Bill of Rights Week" in the City of Cypress as requested. Item #6: Consideration of Proclamation Endorsing the Safe Driving Program During the Holiday Season. Recommendation: That the Mayor and City Council officially endorse the Safe Driving Program from Christmas Eve, December 24, through the end of the New Year's Day weekend, which is being sponsored by the Peace Officers' Association of Los Angeles County in cooperation with the Greater Los Angeles Chapter of the National Safety Council. Item 4~7: Consideration of Acceptance of Weed Abatement of Seasonal and Recurring Weeds and Assessment for Weed and Rubbish Abatement for Phase I of the 1982-83 Program. Recommendation: That the City Council: (1) accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work and (Z) adopt the Resolution by title only, title as follows, confirming the weed abatement assessments and imposing special assessments as a lien on the parcels shown on Exhibit A: RESOLUTION NO. Z596 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item ~8: Consideration of Adoption of Resolution Relating to the Cypress Auxiliary Pump Station. Recommendation: That the City Council adopt the Resolution by title only, title as follows: RESOLUTION NO. 2597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING THAT THE ALIGNMENT AND STORM DRAIN OF THE COUNTY OF ORANGE ENVllRONMENTAL MANAGEMENT AGENCY'S PROPOSED AUXILIARY PUMP STATION WITHIN THE CITY OF CYPRESS ARE IN CONFORMITY wrrH THE ADOPTED GENERAL PLAN. Item 99: Consideration of Approval of Two Contracts with the County of Orange Re: Public Improvements in the Recently Annexed Crescent/Walker Area. Recommendation: That the City Council approve Contract Nos. C26608 and C26769 as submitted and request that the Mayor sign the agreements on behalf of the City Council of the City of Cypress. Item iq0: Consideration of Approval of the 7th and 8th Year CDBG Contracts. Recommendation: That the City Council approve Contract Nos. C26607 and C26768 as submitted and authorize the Mayor to sign the agreements on behalf of the City Council of the City of Cypress. Item ~11: Consideration of Report on Cinnamon Square Security Lighting. Recommendation: That the City Council direct staff to contact the property owner, Mr. Jack C. Chou, requesting repair and ongoing maintenance of the Cinnamon Square security lighting. --8-- 29t City Council Minutes December 13, 198~ Item ~lZ: Consideration of Status Report on Abatement of Public Nuisance at 9432 Alderbury Street. Recommendation: Receive and file. Item #13: Consideration of Recommendations of Traffic Commission Meeting of November 16, 198Z. Recommendation: That the City Council approve the recommendation of the Traffic Commission to establish a 90 foot "No Parking" restriction on the north side of Newman Street just west of the westerly driveway of the Swain Elementary School parking lot and adopt the Resolution by title only, title as follows: RESOLUTION NO. 2598 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A "NO PARKING" AREA ON NEWMAN STREET. Item 4~14: Consideration of Acceptance of Final Parcel Map t~SZ-11Z1 (Katella Avenue, North Side, Between Valley View and Walker Streets - McDonnell Douglas Corporation). Recommendation: That the City Council approve Final Parcel Map I~82-11Z1 and accept the bond for public improvements in the amount of $1,035,000.00 which is not less than 50% nor more than 100% of the total improvements and authorize the City Clerk to sign the record map. Item t~15: Consideration of Rate Adjustment for Traffic Signal Maintenance. Recommendation: That the City Council approve the request of Signal Maintenance, Inc. ZTZ0 E. Regal Park Drive, Anaheim, California, for a 6% increase in rates for routine maintenance and extraordinary maintenance of traffic signals. Item ~16: Consideration of Approval of Texaco Park Lease and Sub-lease Renewals. Recommendation: That the City Council approve the three-year extension of the existing lease between the City and Texaco, Inc., and the sub-lease between the City and the Cypress Recreation & Park District, and authorize the City Clerk to execute the appropriate documentations extending these leases to December 31, 1985. Item ~17: Consideration of Renewal of Lease for the Frank P. Noe Building to the Cypress Chamber of Commerce. Recommendation: That the City Council authorize a one-year extension of the current lease agreement between the City and the Cypress Chamber of Commerce for use of the Frank P. Noe Community Center building, which will expire on December 31, 1983. Item ~19: Consideration of Financial Statements for the Cypress Recreation & Park District for the Fiscal Year Ending June 30, 1982. Recommendation: Receive and file. Item ~Z0: Consideration of Contract Change Order for the Design of Field Lighting at Arnold/Cypress Park, City of Cypress Project 4~82ZZ-90. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, approve the contract change order to Electri-Plarmers, Inc. in the amount of $750.00 which increases the electrical contract from $3,000.00 to $3,750.00. Item ~ZI: Consideration of Acceptance of Donation. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, accept the SZ0 donation and appropriate the funds to Account ~1Z-4104-317.08 for the purchase of various special activity supplies for use at the Senior Citizens Center. Item ~ZZ: Consideration of Additional Appropriation for Purchase of an Upright Piano. -9- 297 City Council Minutes December 13, 198Z Recommendation: That the City Council, acting as the ex officio governing Board of DirectOrs of the Cypress Recreation & Park District, approve an additional appropriation of $500 from the General Fund to Account ~83-4554-653.38 for the purchase of a Kimball upright piano, Model ~4430. In regard to Item ttlS, Consideration of Renewal of Maintenance Contract for the Cleaning of Patio Home Cul-de-Sacs (Tract #81Z6, bounded by Grand Marian Drive and Southampton Drive), Councilman Partin asked why the small sweeper purchased by the City was not used to sweep the patio home cul-de-sacs and why the maintenance contract was necessary. Councilman Mullen asked why the large street sweeper cleaned the alleys in his neighborhood. Mr. Essex reported that the small sweepers cannot get into the cul-de-sacs and the maintenance contract is to provide hand sweeping of the parking stalls in the center landscaped islands of the patio homes. He reported the small sweepers were purchased to clean the alleys in condominium developments. Mr. Schatzeder indicated that the small sweeper is used in dead-end alleys, on bike trails and on wide sidewalks. The large sweeper is used in alleys where it can drive straight through. It was moved by Councilman Partin and seconded by Councilman Mullen to renew the Maintenance Contract with Suzuki Landscaping Enterprises, Inc. for weekly cleaning of the parking area in Tract 81Z6 for a period of twelve months at a monthly fee of SZZ0.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: S COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF CHANGE OF BUILDING CODE TO REQUIRE FIRE RETARDANT MATER/ALS FOR RE-ROOFING AND RETROFITTING OF SMOKE DETECTORS: Mr. Essex presented a report from the Pubhc Works Director dated November 30 inquiring if the Council wished to schedule a public hearing to consider Building Code amendments which would: (a) require Class C (fire retardant) or better roof materials for all re-roofing permits in excess of 10% of the area of existing roof and (b) require retrofitting of smoke detectors in all multiple family developments and upon resale of single family units. It was moved by Councilman Mullen and seconded by Mayor Lacayo to order the following Ordinance read by title only, title as follows, and approve the first reading of the Ordinance, and to schedule the public hearing for the January 24, 1983 meeting for the purpose of debating the proposed Building Code amendments: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 5-Z OF THE CYPRESS CITY CODE, THEREBY AMENDING BY REFERENCE THE UNIFORM BUILDING CODE, 1979 EDITION, AND THE UNIFORM FIRE CODE, 1979 EDITION. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Councilman Kanel stated that several Counties and cities which have adopted the amendments have provided a grandfather process which would make re-roofing less costly for the homeowner. He asked if Cypress would have this option. Mayor Lacayo asked that staff address this issue during the public hearing. CONSIDERATION OF RENEWAL OF SELF-FUNDED MEDICAL/DENTAL/LIFE INSURANCE PROGRAM: Mr. Barrett summarized a report dated December 7 which described the self- funded insurance program renewal proposal for the coming year. It was moved by Councilman Mullen and seconded by Councilman Kanel to authorize the renewal of the self-funded medical/dental/life insurance program as outlined in the report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo 0 COUNC1LMEMBERS: None 0 COUNCILMEMBERS: None -10- City Qouncil Minutes December 13, 1982 CONSIDERATION OF AUTHORIZATION TO CONDUCT A MANAGEMENT SYSTEMS ANALYSIS IN THE CYPRESS POLICE DEPARTMENT: The City Manager presented a report dated December 8 requesting approval to conduct the productivity study. The report indicated that the Law Enforcement Management Center of Stanton had agreed to conduct the study within the $1500 allocated in the budget. Chief Lowenberg reported that the Cities of Orange, Santa Aha and Tustin had utilized this firm and the consultant would provide the City with a written report. It was moved by Councilman Mullen and seconded by Mayor Lacayo to authorize the employment of the Law Enforcement Management Center in Stanton to conduct a Management Systems Analysis in the Police Department as outlined in the report from the Police Chief. 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 RESIGNATION OF RECREATION & COMMUNITY SERVICES COMMISSIONER LUCILE LEVY: Mr. Essex presented a report dated December 8 which transmitted a letter of resignation from Lucile Levy. Mayor Lacayo requested that staff order a community service plaque for Commissioner Levy. It was moved by Councilman Mullen and seconded by Councilman Kanel to accept the resignation of Lucile Levy and authorize staff to advertise for applicants to fill the vacancy. 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 N one CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: Staff responded to questions from Councilman Partin regarding several items on the Warrant List. With regard to an expenditure to replace Park District trash receptacles, the Council recommended that the receptacles be better identified to guard against theft. It was moved by Councilman Mullen and seconded by Mayor Lacayo to approve the Warrant List for Warrants 473748 through 473944 in the total amount of $627,570.14. 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 In regard to Item 433, Councilman Mullen reported that at the November 10 Senior Citizens Commission meeting, it was pointed out that Social Security beneficiary funds which are returned for any reason, such as death of recipient, are put into the Federal general fund rather than back into the Social Security fund. Councilman Mullen requested that the Mayor be authorized to write to Congressman Patterson to verify this information and that the Council then determine whether it is necessary to contact additional representatives urging that this practice be stopped. It was moved by Councilman Mullen, seconded by Mayor Lacayo and unanimously carried that a letter from the Mayor be directed to Congressman Patterson requesting clarification on the Social Security refunds. In regard to Item 434, the Council discussed changing the time at which Council meetings and public hearings are scheduled to begin. It was moved by Councilman Partin and seconded by Councilman Coronado to order the following Ordinance read by title only, title as follows, and approve the first reading of the Ordinance changing the starting time of Council meetings to 7:30 p.m., and to approve a policy change by scheduling public hearings to begin at 7:30 p.m.: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS Z-1 AND Z-Z OF THE CYPRESS CITY CODE RELATING TO THE TIME AND PLACE OF REGULAR COUNCIL MEETINGS. -11- City Council Minutes December 13, 198Z 299 Following further discussion, the motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None In regard to Item #35, Councilman Kanel stated he felt it would be more appropriate to have five citizen representatives on the Traffic Commission, rather than three, and to have staff representatives disconginue voting and act in an advisory capacity only. The Council requested that staff prepare a report for the January 24 meeting addressing the pros and cons of reorganizing the Traffic Commission. In regard to Item 4~36, Councilman Kanel stated he would like the Council to consider adoption of an Ordinance which prohibits the posting of political as well as commercial signs in the public right of way. He reported that other cities have adopted such an ordinance and it has been upheld in court. He requested that staff report back on model ordinances. Mayor Lacayo asked that the report address the possibility of having deposits posted by political candidates for sign removal. The Council requested that staff prepare the report for the February 14 meeting. In regard to Item 4~37, Councilman Kanel reported that a 13 year old Cypress resident, Susan Van Vorce, recently won the State baton twirling championship, and he requested that a resolution of commendation be prepared. It was moved by Councilman Kanel, seconded by Mayor Lacayo and unanimously carried to request that staff prepare a resolution of commendation for Susan Van Vorce. EXECUTIVE SESSION: The Mayor called an Executive Session at 10:35 p.m. for matters of litigation and personnel. The meeting was called back to order at 11:38 p.m. with all Councilmembers present. Hearing no objections, the Mayor added Item ~38 to the agenda regarding the purchase of a parcel of land located adjacent to the Civic Center. It was moved by Councilman Mullen and seconded by Councilman Coronado to approve the purchase of Parcel ~AP Z44-451-0Z (Sudderth property) and appropriate $126,000 for the purchase of said parcel and to cover all escrow costs associated with the purchase. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo 0 COUNC]LMEMBERS: None 0 COUNCILMEMBERS: None ADJOURNMENT: Mayor Lacayo adjourned the meeting at 11:40 p.m. ( i , d.~' ~-~ / /~.ldZ~'0 IVI~A~OR OF THI~CITY O~/CYPRESS ATTEST: CITY CLERK C~ THE ~ITY OF CYPRESS -1Z-