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HomeMy WebLinkAboutMinutes 83-02-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 14, 1983 321 The regular meeting of the Cypress City Council was called to order at 7:30 p.m. on Monday, February 14, 1083, in the Cypress City Council Chambers, 5275 Orange Avenue~ Cypress, California~ Mayor Otto Lacayo presiding. PRESENT: ABSENT: Councilmembers Coronado~ Kanel, Mullen and Lacayo Councilman Partin Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following staff members: Barrett, DeCarlo, Dunn, Lamm, Lowenberg and Schatzeder. Mayor Lacayo announced that Councilman Partin was ill and would not be present. PLEDGE OF ALLEGIANCE: Councilman Mullen led the pledge of allegiance. ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak in regard to any matter not on the agenda. Mrs. Mary Simms, 4841 Ashbury, Cypress, advised the Council that she had a petition requesting that the City complete landscaping adjacent to the Tank Farm on the south side of Orange Avenue between Moody and Julie Beth Street. The Mayor added this matter to the agenda as Item ~44. STAFF REPORTS & DISCUSSION: The City Manager requested an Executive Session to discuss matters of personnel. PRESENTATION: Mayor Lacayo presented a Community Service Plaque to Miss Lori Smith in appreciation for her serving as Miss Cypress 1982. Miss Smith expressed her pleasure in having served as Miss Cypress. MINUTES: It was moved by Councilman Kanel, seconded by Councilman Coronado and carried, with Councilman Mullen abstaining, to approve the minutes of January 24. CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. DAVID AMBROSE ARAGON~ DBA SUNWIZARD: Mayor Lacayo opened the public hearing. Mr. Essex presented a report dated February 7 indicating that the hearing was continued from the January 24 meeting because the applicant was not present to discuss his application. Mr. David Aragon, 4522 Petite Lane, Cypress, the applicant, stated he would like to conduct door-to-door solicitation to speak to homeowners about the energy and money saving benefits of solar heating. Mr. Aragon stated he was not aware of the Police Department's recommendation concerning his application, although he had spoken to an investigating officer. Mr. Aragon stated he has a special permit issued by the City of La Palina in December 1982. He reported that he does not possess a contractor's license and that he refers potential customers to Sunwizard International of Orange County, a State licensed contracting firm, which does the actual installation. Mr. Aragon reported that his transactions thus far have occurred in the unincorporated area of Cypress. Councilman Coronado stated it was difficult to make a decision on the application with the limited information provided in the staff report. The City Manager reported that, in this case, the Police Department made a negative report because pertinent information concerning past criminal activities was not included in the special permit application. Mr. Aragon stated he misunderstood the application and included information on only his most recent offense. Councilman Mullen indicated that he could not support the application at this time but that he would support a continuance of the hearing if the applicant wished to make a further presentation in support of his application. Mr. Aragon stated he would like to make such a presentation at a future date and that he may bring in character witnesses on his behalf. Mayor Lacayo suggested that the applicant meet again with the Police Department to explain the circumstances relating to his application. Mr. Mike DeVries, 12252 Garden Grove Boulevard, Garden Grove, stated he works with the applicant for a professional marketing company and they represent the sales force for Sunwizard. Mr. DeVries stated the applicant was unaware of the Police Department's recommendation for denial and he felt the applicant should be given a further opportunity to present his case. 322 City Council Minutes February 14, 1983 Mr. Tom Justice, 9632 Salisbury, Cypress, reported that as a contractor he has four licenses. He stated that anyone doing business in the State is required to have a C-61 non- limited specialty contractor's license. He reported that he has a C-44 solar license; however, the State is in the process of changing the exam requirement for this license. Mr. Justice reported that State law requires a contractor to be licensed in order to sell to the public. Mayor Lacayo stated he supported a continuance of the hearing and allowing the applicant to meet with the Police Department so that a further report may be submitted to the Council. He requested that staff investigate the licensing requirements for the applicant's type of work and determine if the applicant is in compliance. It was moved by Mayor Lacayo and seconded by Councilman Mullen to continue the public hearing to the February 28 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Partin CONTINUATION OF PUBLIC HEARING RE: AMENDMENTS TO THE CYPRESS CITY CODE COVERING FIRE RETARDANT MATERIALS FOR REROOFING AND RETROFITTING SMOKE DETECTORS: Mayor Lacayo opened the hearing. Mr. Essex presented a report from the Public Works Director dated February 2 which transmitted a revised ordinance. He reported that Mr. Maggi of the Apartment Association had requested that the public hearing be continued. It was moved by Councilman Mullen and seconded by Councilman Kanel to continue the public hearing to the February 28 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNC]LMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo None Partin PUBLIC HEARING RE: GENERAL PLAN AMENDMENT ~83-1 AND ZONE CHANGE #83-1 (DE LONG STREET): Mayor Lacayo opened the public hearing. Mr. Lamm presented a report dated February 4. He reported that several residents have changed their opinions on zoning since the original survey was taken: nine favor slngle-family zoning and nine favor multiple-family zoning. Mr. Lamm reported that three letters were submitted expressing opposition to a zone change to multiple-family zoning and today staff received three telephone calls in opposition to multiple-family zoning. Mayor Lacayo asked if anyone wished to speak in support of the General Plan amendment. Mr. Jess Black, 5422 De Long, Cypress, stated he favors a zone change to RM-15 zoning since it would correspond with existing zoning of the larger area to the east of Watson Street. He stated this area still retains a single-family appearance. Mr. Black stated a zone change to RM-15 would not force a property owner to build an additional unit on his property but would provide this option. Mr. Black stated single-family zoning is a hindrance to the area and multiple-family zoning will increase property values. He reported that he owns two lots west of Watson Street and sometime in the future he would like to add one or two units. Mr. Black stated he favors maintaining the single-family appearance of the neighborhood. Mayor Lacayo asked if anyone wished to speak in opposition to the General Plan amendment. Mr. Don Burnhart, 5252 De Long, stated he disagreed that multiple-family zoning will increase property values. He reported that at present it is difficult to find parking space on the street, the water pressure is low and the water is dirty, and increasing the population will only detract from the area. Mr. Burnhard stated he opposes the development of multiple- family dwellings since the area is at its saturation point. Mrs. Helen Cruz, 5272 De Long, stated she is inconvenienced by the apartment tenants who park in front of her home. She stated she would prefer leaving the area as it is. Mrs. Alice Kaulen, 5271 De Long, stated she has lived here 30 years. She reported that she is disturbed by the girls' softball games and indicated that the diamond is behind her yard and balls are constantly coming over her fence or hitting members of her family. She reported that during tournaments it is difficult to drive in and out of the neighborhood. Mrs. Kaulen stated multiple-family zoning would increase traffic on the street and that she wanted to keep the area zoned single-family. -2- 323 City Council Minutes February 14, 1983 Mr. Don Mosby, 5302 De Long, stated he opposes a zone change and sees no advantage in a zone change. He stated he has lived here 28 years and can see only disadvantages with a zone change. Mr. Tsugu Endo, 5301 De Long, stated he has lived here and raised his family since 1961 and that he prefers single-family zoning to avoid over-crowding which would create problems. Mr. Endo stated he enjoys the quiet and uncongested neighborhood and would like it maintained. Councilman Mullen stated it was clear that a majority of the single-family property owners did not support a change. He suggested that the Council may wish to hold a separate public hearing to consider rezoning only properties on the south side of De Long Street to the multiple-family zone to have them conform with the rest of the RM area. Councilman Kanel stated that while several people supported a zone change, there were a large number who opposed a zone change. He felt this was an inappropriate time for a zone change and that the area should be left as it is. Councilman Coronado felt a zone change to RM-15 would be a drastic change and stated he would like the area to remain as is. He suggested that the property owners be given time to consider whether they would like a zone change to RM-15 at a later date. Mayor Lacayo indicated that he agreed with maintaining the status quo and stated the property owners always have the ability to request a zone change. It was moved by Councilman Kanel and seconded by Councilman Coronado to close the public hearing and withdraw the application for General Plan Amendment #83-1 and Zone Change #83-1. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCIl. MEMBERS: 1 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo None Partin Mayor Lacayo announced that Councilman Partin had requested a continuance of Item #29 (political sign regulation survey) and Item #30 (campaign contributions limitation ordinance). He moved to continue these items to the next meeting. Councilman Coronado stated that he received many calls and there were several persons present to discuss these items. Mayor Lacayo withdrew his motion. RECESS: The Mayor called a recess at 8:22 p.m. The meeting was called back to order at 8:28 p.m. with Councilman Partin absent. CONSK)ERATION OF A POLITICAL SIGN REGULATION SURVEY OF ORANGE COUNTY CITIES: Mr. Essex presented a report from the Community Development Director dated February 3 which transmitted the survey. Councilman Kanel indicated that he requested the survey in view of potential problems which political signs can create such as visual clutter or being improperly posted and being blown down and hitting someone. He noted that cities impose a variety of regulations for political sign posting. Councilman Kanel suggested that a Council and/or citizens committee be formed to come up with an ordinance that proposes some types of regulations so that political signing is not overdone in the City. Mayor Lacayo asked if anyone wished to speak on this matter. Mr. Tom Justice, 963Z Salisbury Lane, Cypress, stated that each Councilmember is a corporation and under State law a corporation must have insurance against wind damage. He stated that the utility poles were paid for with subsidized funds from the government. Mr. Justice stated the City has a right to control things but he felt the Council should be aware that they will be controlling themselves and everyone else. Mr. Justice reported that a political sign posted at the end of Oxford Street at the beginning of the last election was just removed last week. Mr. Larry Wuebker, 8661 Acacia Drive, Cypress, stated he felt some type of ordinance was necessary and indicated he favored the City of Buena Park's ordinance. He felt a reasonable time limit should be applied for the posting of political signs. Mr. Wuebker stated a recent court case found that political signs can be posted in the public right of way. Mrs. Martha Justice, 9632 Salisbury Lane, suggested that Councilmembers Kanel and Partin be appointed to the committee if it is formed since they seem to be most concerned about political sign posting. Councilman Kanel suggested that the committee be formed with one or two Councilmember$ and three citizen members and that they explore this issue and present recommendations to the Council. Councilman Mu]len stated he felt some type of ordinance was necessary but he suggested that the regulations be as minimal as possible. Hearing no objections, Mayor Lacayo continued this item to the February 28 meeting. -3- 324 City Council Minutes February 14, 1983 CONSIDERATION OF CAMPAIGN CONTRIBUTIONS LIMITATION ORDINANCE: Mr. Essex presented a report dated February 8 which transmitted a copy of the City ordinance and an analysis of the ordinance as it relates to campaign expenditures made in the last municipal election. Mayor Lacayo stated he requested this item on the agenda because of the last election and expenditures which were made. He indicated that the City adopted its ordinance as a supplement to the 1974 Political Reform Act and the intent of the ordinance was to prevent special interests from influencing the outcome of local elections. The Mayor stated that in the last municipal election, two political committees spent substantial funds to either support or defeat Council candidates. He felt such action should be prohibited by the City ordinance. The Mayor indicated that the current ordinance correctly expresses the Council's intent but contains improper language; he asked for the Council's support in repealing the ordinance because of the unconstitutional language and adopting an ordinance which is more enforceable. In response to a question from Councilman Kanel, the City Attorney reported that the current ordinance was included in the City Code but not the Charter and was submitted to the voters on the ballot as a binding measure. His opinion was that another vote of the people would be required to amend the ordinance, subject to further research. Councilman Kanel stated that when the ordinance was originally adopted he recognized areas which he felt were unconstitutional, particularly Section 2-95(b) relating to a limitation on contributions in support or in opposition to ballot measures. He also noted that the $100 limitation amount did not make any allowance for inflationary factors. Councilman Kanel suggested that the ordinance be repealed and that a new one be drafted for submittal to the voters which lacks ambiguity and unconstitutional sections and possibly increases the $100 cap. He suggested that a Council and/or citizens committee could be appointed to analyze the ordinance and then draft one to be presented to the voters. Mayor Lacayo stated the rationale behind the current ordinance was to prevent someone from raising outside special interest money and using it to support/defeat a Council candidate or "buy" an election. He asked the City Attorney to identify the unconstitutional sections of the ordinance. Mr. Murphy indicated that Section g-95(b) addressing a limitation on contributions for a ballot measure is unconstitutional according to a Supreme Court decision; Section g-95(a) is allowable since the courts have upheld the concept of limiting contributions for a candidate. Councihnan Kanel stated he supported a limitation which is reasonable. He felt the $100 amount was low and that the ordinance was ambiguous as it relates to "loans". Mayor Lacayo stated the $100 amount was unimportant and that the issue was influencing the outcome of an election. At the Mayor's request, the City Attorney discussed the contributions made in the last election by Senator Paul Carpenter, a political action committee. He indicated that if it could be demonstrated that the committee raised funds for the expressed purpose of supporting or defeating a Cypress Council candidate, then that expenditure is probably a violation of the City ordinance. If the money was raised to be used politically state-wide without the intent that it was to be used in Cypress, then the expenditure is probably not a violation. Councilman Mullen stated he agreed that the $100 limitation was low and that a more reasonable limit should be set which is geared to inflation.. Councilman Coronado felt the $100 limitation was adequate. He felt that Cypress is a small community and a candidate can walk the City to meet voters without expending large sums of money to get elected. Councilman Coronado stated the City Attorney had not pointed out any irregularities during the last election; he stated that if illegal acts occurred then he would support rectifying the problems. Mayor Lacayo pointed out that the City ordinance contains an unconstitutional provision which cannot be enforced. Councilmembers Kanel and Mullen felt the provisions relating to loans needed clarification. Mayor Lacayo asked if anyone in the audience wished to speak on this matter. Mrs. Alice MacLain, 4Z19 Dover Circle, Cypress, stated the most important issue is whether further restrictions should be imposed on the freedom of expression. She stated she was surprised to find that she had to file a form showing how much money she spent in the last election. Mrs. MacLain stated she doubted whether the $100 limitation is always followed. She indicated that following each municipal election, the Council attempted to investigate candidates' actions during the election and this was a futile exercise because it could not serve to correct people's behavior. Mrs. MacLain suggested that before the Council proceeds with this ordinance they should determine whether it would be superseded by federal law. Mrs. MacLaln reported that in the last election she received campaign literature which was not identified with the name or address of the sender as required by law. City Council Minutes February 14, 1983 325 Mr. Larry Wuebker, 8661 Acacia Drive~ Cypress, stated he felt that incumbent Councilmembers' support of Council candidates could be more influential than the expenditure of funds. He suggested that if the Council considers a limitation they should also address who may publically support a candidate. Mr. Wuebker stated he felt the Council should stop going to the voters for opinions; he stated the Council was elected to advise the citizens on what is best for the City. Mr. Wuebker felt that not placing issues on the ballot will decrease the likelihood of private/special interests influencing an election. He felt that the two-term limitation and the staggered terms of Councilmembers provided less opportunity for a group to 'buy'~ a Councilmember. Mr. Wuebker suggested that the Council be careful about initiatives it places on the ballot in order to contrul the problem of outside influence. He stated he did not support an ordinance which proposes a limitation on campaign contributions. Mrs. Jane Carpenter, 5851 Karen Avenue, Cypress, stated she and Senator Carpenter have been residents of Cypress since 1965, the Senator has his district office in Cypress and they are not "outside interests". She reported that in the last City election, the Carpenter committee spent $2500 trying to defeat Councilmember Lacayo and $2500 in support of two other candidates. Mrs. Carpenter stated she is familiar with state and federal campaign finance and disclosure laws; she reported that federal law limits contributions to $1,000 per person per election. Mrs. Carpenter stated the Supreme Court has held it is unconstitutional to prevent people from making independent expenditures during an election; however, there are strict disclosure restrictions. She stated that the Carpenter committee followed these laws in the Cypress election and complied with all reporting requirements. Mrs. Carpenter stated that restrictions on contributions can be good but they can also hamper some candidates from freely raising funds. Mrs. Grace Lachina, 5821 Wellson Drive, Cypress, felt that in a city the size of Cypress it would be possible for each community organization to sponsor a "candidates' night" during the election where candidates could speak, become acquainted with the people and distribute campaign literature. Mrs. Lachina felt the campaign materials should contain only the qualifications of the candidates. Mrs. Lachina felt it was appropriate for the Council to place advisory measures on the ballot since the Council is supposed to be responsive to the citizens. Mr. Howard Rowan, 5831 Shirl Street, Cypress, felt the Council's discussion on this matter related to protecting an incumbent Councilmember, not the community. He stated he supported the ordinance relating to the circulation of petitions which requires an identification of the circulator. Mr. Rowan stated the campaign contribution ordinance will not encourage or discourage honesty in an election. He stated that some people will spend what they want and declare what they want. Mr. Rowan stated the contributions ordinance is worthless and should be repealed; he suggested that the Council consider something more reasonable. Mayor Lacayo requested that this matter be continued in order to have a full Council. It was moved by Mayor Lacayo, seconded by Councilman Kanel and unanimously carried to continue this item to the February 28 meeting. In regard to Item #44 added to the agenda regarding landscaping around the Tank Farm, Mrs. Mary Simms, 4841 Ashbury, Cypress, presented a petition to the Council which requested that the City complete landscaping on the south side of Orange Avenue, between Moody and Julie Beth Street, adjacent to the Tank Farm. The Public Works Director estimated that the cost to complete the landscaping would be $20-25,000 since about two feet of topsoil would have to be removed and replaced. Mayor Lacayo requested that staff prepare a report describing the work which would be required and a cost estimate for discussion during the budget sessions. RECESS: The Mayor called a recess at 9:50 p.m. The meeting was called back to order at 10:00 p.m. with Councilman Partin absent. CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM MR. TULEPAN REGARDING CHANGES IN THE BINGO ORDINANCE: The City Manager presented a report dated February 8 which transmitted an analysis of Mr. Tulepan's proposal prepared by the City Attorney. The City Attorney summarized his opinion that Mr. Tulepan's proposal would be inconsistent with State law, and the City Code, since State law requires that an authorized organization may conduct bingo games on leased property as long as that property is used by the organization for an office or for the performance of the purposes for which the organization is formed. Mr. Murphy indicated that there should be a substantial connection between the organization and the property it leases other than the conduct of bingo games. -5- City Council Minutes February 14, 1983 Mr. Philip Tulepan, 10718 Thomas Circle, Cypress, discussed his proposal and stated he would comply with whatever is required by the City's ordinance and State law. Mr. Tulepan stated the organizations which would lease his facility could comply with the ordinance by occupying an office for their record keeping function or holding brief meetings prior to conducting the bingo games as is currently done by two other organizations in Cypress. Mr. Tulepan indicated that this was not expressly stated in his letter to the Council since it was an understood requirement of the City ordinance. Councilman Mullen stated he did not at present support a large scale bingo operation in the City and that he would be more responsive if a demand was expressed by several community organizations. He suggested that Mr. Tulepan determine if there is grassrnots support for his proposal. Councilman Coronado felt the two existing bingo operations in Cypress met the needs of Cypress residents and that the community would not benefit from a larger bingo facility which may attract persons from outside the community. He stated he preferred the status quo. Mayor Lacayo advised Mr. Tulepan that the Council did not appear to support changes to the City ordinance based on his individual request but that they may be more responsive if there is support for his proposal from a number of community organizations. Mr. Tulepan indicated that he would like to conduct a survey of community organizations to determine their interest. He stated his proposal was intended to benefit Cypress organizations. It was moved by Councilman Kanel, seconded by Councilman Mullen and unanimously carried to receive and file this matter. CONSIDERATION OF AWARD OF CONTRACT FOR CARPETING PUBLIC USE AND SECRETARIAL AREAS OF CYPRESS CMC CENTER~ REQUEST FOR QUOTATION #8283- 48: Mr. Essex presented a report from the Finance Director dated February 2 outlining four bids received. It was moved by Councilman Kanel and seconded by Councilman Mullen to accept the bid of Custom Floors, 13902 Seaboard Circle, Garden Grove, as the lowest responsible bidder and award them the contract for carpeting specified areas of the Civic Center in the amount of $19,125.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen ir Lacayo 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Partin CONSIDERATION OF AWARD OF CONTRACT TO SOUTHERN CALIFORNIA WATER COMPANY FOR NEW FIRE LINE AND FIRE HYDRANT~ CITY OF CYPRESS PROJECT t~8036-90 (POLICE BUILDING): Mr. Essex presented a report from the Public Works Director dated February Z which indicated that installation of the fire line and hydrant by the Water Company rather than by the general contractor will save the City over $6,000. It was moved by Councilman Mullen and seconded by Councilman Coronado to approve deletion of "Alternative #Z: Provide a New Fire Hydrant" from the contract with Pinnar Construction Company and approve the award of contract for the new fire line and fire hydrant to the Southern California Water Company in the amount of $9,700.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen ir Lacayo 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Partin CONSIDERATION OF AWARD OF CONTRACT FOR TWO OFFICE COPIERS~ REQUEST FOR QUOTATION t~8Z83-37: Mr. Essex presented a report dated February 4 outlining seven bids received for the replacement copier machines. It was moved by Councilman Mullen and seconded by Councilman Kanel to: (1) reject the bids of Toshiba and Edgemont gales/gharp Distributor as failing to meet bid specifications, (2) appropriate $7,894.44 from the Intergovernmental Service Fund to Account ~90-4467-650.35, and (3) award the contract for the purchase of two (Z) office copiers to Edgemont Sales/Panasonic D/stributor, 10581 Bloomfield Avenue, Los Alamitos, in the amount of $15,894.44. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Partin -6- City Council Minutes February 14, 1983 327 CONSIDERATION OF AWARD OF CONTRACT FOR COMMUNICATIONS EQUIPMENT: Mr. Essex presented a report from the Finance Director dated February 7 which recommended a purchase of communications equipment for the Maintenance Division from Motorola. The staff report indicated that the existing mobile units in maintenance vehicles are Motorola equipment and this equipment, along with Police communications equipment, is maintained by Orange County Communications. It was moved by Councilman Mullen and seconded by Councilman Kanel to: (1) dispense with formal competitive bidding for the reasons outlined in the report, (2) appropriate $453.87 from the Intragovernmental Service Fund to Account #90-4464-650.35, and (3) award a contract for the purchase of communications equipment as listed in the report to Motorola Communications & Electronics Inc., 171 S. Anita, ~Z01, Orange, in the amount of $6,453.87. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo 0 COUNCELMEMBERS: None ] COUNC]LMEMBERS: Partin CONSIDERATION OF AWARD OF CONTRACT FOR CARPETING EAST AND WEST LOBBIES AND GALLERY OF THE CYPRESS COMMUNITY CENTER, REQUEST FOR QUOTATION 98283-48: Mr. Essex presented a report from the Recreation & Parks Director dated February 3 outlining four bids received. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Kanel and seconded by Councilman Mullen to: (1) authorize an appropriation of $8,325 from the General Fund to Account 4~12-4180-57824, and (2) accept the bid of Custom Floors, 13c)02 Seaboard Circle, Garden Grove, as the lowest responsible bidder and award them the contract for carpeting in specified areas of the Cypress Community Center in the amount of $10,1Z5.00. The motion unanimously carried by the following roil call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo None Partin CONSIDERATION OF AWARD OF CONTRACT FOR TWO MODIFIED SETS OF PLAY STRUCTURES, REQUEST FOR QUOTATION ~8283-50: The City Manager presented a report from the Finance Director dated February 3 indicating that bids were requested from six vendors and two bids were received. Mr. DeCarlo reported that the "rocketship" equipment is deteriorating and soon will be unsafe; it is anchored in rocks and must be removed. He stated the proposed "playbooster" is a sturdy, high-quality steel and wood platform structure and the price quoted for it was the lowest staff could find. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Muilen and seconded by Councilman Kanel to accept the bid of Hanson & Associates, Inc., 1601 S. Ritchey Street, Santa Aha, as the lowest responsible bidder and award them the contract in the amount of $23,990.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo 0 COUNCILMEMBERS: None 1 COUNC]LMEMBERS: Partin CONSIDERATION OF AWARD OF CONTRACT FOR LIGHTING FOR VOI3.EYBALL COURT, OAK KNOLL PARK~ REQUEST FOR QUOTATION 4~8283-51: The City Manager presented a report from the Finance Director dated February 2 indicating bids were requested from five contractors and two bids were received. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it wa~ moved by Councilman Mullen and seconded by Councilman Kanel to accept the bid of Calico Electric, 18500 Vallarta, Huntington Beach, as the lowest responsible bidder and award them the contract in the amount of $3,840.00. The motion unanimously carried by the following roil call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Partin 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 on the agenda. -7- 328 City Council Minutes February 14, 1983 It was moved by Councilman Mullen and seconded by Councilman Kanel to approve Items ~lZ through 25 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo 0 COUNCIl.MEMBERS: None 1 COUNCIl.MEMBERS: Partin Item ~12.: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only, and to Waive Further Reading. Item #13: Consideration of Proclaiming February Z0-Z6, 1983, as Engineers' Week. Recommendation: That the Mayor and City Council officially proclaim February Z0-Z6, 1983, as "Engineers' Week" in the City of Cypress as requested. Item ~14: Consideration of an Application to File Late Claim and a Claim for Property Damage Filed by Michelle S. Nicotera, Attorney, on Behalf of Allstate Insurance Company. Recommendation: That the City Council officially deny the Application to File Late Claim and reject the subject claim. Item #15: Consideration of Resolution Establishing the Order of Business of City Council Meetings. Recommendation: That the City Council adopt the Resolution by title only, title as follows: RESOLUTION NO. Z607 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING RESOLUTION NO. 1706 AND ESTABLISHING THE ORDER OF BUSINESS OF CITY COUNCIL MEETINGS. Item 4~16: Consideration of Resolution Making Certain Findings in Connection with an Industrial'Disability Retirement Claim for Walter F. Hampton Jr. Recommendation: That the City Council adopt the Resolution by title only, title as follows, setting forth the findings of the City that Police Sergeant Walter F. Hampton Jr. be placed on industrial disability retirement with PERS effective February 14, 1983: RESOLUTION NO. Z608 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING CERTAIN FINDINGS IN CONNECTION WITH A CLAIM FOR INDUSTRIAL DISABILITY RETIREMENT. Item ~17: Consideration of Extension of Current Promotional Employment List - Police Agent. Recommendation: That the City Council extend the employment list for the position of Police Agent to August 8, 1983. Item #18: Consideration of Street Name Changes within the Cypress Business Park (Katella/Valley View). Recommendation: That the City Council approve the recommendation of the Traffic Commission to establish a policy of uniformity for street names within the Cypress Business Park. Item ~19: Consideration of Rental Agreements for 5361 Wicker Drive and 5363 Wicker Drive. Recommendation: That the City Council approve the rental agreements with the existing tenants at 5361 Wicker Drive and 5363 Wicker Drive and authorize the City Manager to execute the subject agreements. Item ~Z0: Consideration of Orange County Cooperative Equipment Sharing Agreement. Recommendation: That the City Council adopt the Orange County Cooperative Equipment Sharing Agreement. -8- City Council Minutes February 14, 1983 Item ~ZI: Consideration of Recommendations of Traffic Commission Meeting of January 18, 1983. Recommendation: That the City Council adopt the Resolution by title only, title as follows, which incorporates the recommendations of the Traffic Commission to establish a four-way stop at the intersection of Saint Ann Avenue with Cypress Avenue: RESOLUTION NO. 2609 A RESOLUTION OF THE CITY COUNCIL OF THE crrY OF CYPRESS ESTABLISHING A FOUR-WAY STOP AT THE INTERSECTION OF SAINT ANN AVENUE WITH CYPRESS AVENUE. Item ~22: Consideration of Plans and Specifications and Authorization to Advertise for Bids for the Removal of Street Trees and Repair of Curb, Gutter and Sidewalk for Various Streets in Districts Z1, 23, 25, 26, 27, 28 and 35, City of Cypress Project ~8300-90. Recommendation: That the City Council approve the Plans and Specifications for the removal of street trees and repair of curb, gutter and sidewalk for various streets in Districts 21, 23, 25, 20, 27, 28 and 35, Project #8300-90, and authorize the City Clerk to advertise for bids with bids to be opened on March 15, 1983. Item ~23: Consideration of Proclaiming April 1983 as Handicapped Awareness Month. Recommendation: That the Mayor and City Council officially proclaim the month of April 1983 as "Handicapped Awareness Month" in the City of Cypress as requested. Item 4~24: Consideration of Authorization for the Public Works Director to Attend the 18th Public Works Officers Institute. Recommendation: That the City Council authorize the Public Works Director to attend the 18th Public Works Officers Institute to be held on March 23-25, 1983, in Monterey, California, and be reimbursed for all actual and necessary expenses incurred. Item 4t25: Consideration of Approving Eighth Year CDBG Contract for Housing Cost Reduction: Acquisition of Real Property. Recommendation: That the City Council approve Contract 4~C26766 regarding Housing Cost Reduction: Acquisition of Real Property and the filing of the Negative Declaration in conjunction with the project, and authorize the Mayor to sign the agreement on behalf of the City Council. CONTINUATION OF CONSIDERATION OF REPORT CONCERNING CITY POLICY ON THE EXPUNGING OR DESTRUCTION OF ADVERSE/DISCIPLINARY MATERIALS FROM PERSONNEL FILES: Hearing no objections, Mayor Lacayo continued this matter to the February 28 meeting for consideration by a full Council. CONTINUATION OF CONSIDERATION OF TRAFFIC COMMISSION REORGANIZATION ISSUES: The City Manager presented a report dated February 8 which summarized the positions of the current Traffic Commissioners on the issue of reorganizing the Traffic Commission. Councilman Kanel indicated he was in favor of adding citizen representatives to the Commission to allow for greater citizen input and in having staff act in an advisory capacity. The remaining Councilmembers expressed support for a five citizen member Commission with a citizen Chairperson. The Council requested that staff draft an Ordinance to provide for a five citizen member Traffic Commission and a citizen Chairperson with staff to serve in an advisory capacity with no voting power, and that staff review previously submitted Commission applications as well as advertise for applicants in the newspapers. CONSIDERATION OF HEAT PUMP/AIR CONDITIONER AT BOYS' CLUB: The City Manager presented a report from the Public Works Director dated February 4 which summarized repair work needed on the heating/air conditioning units at the Cypress Boys' Club. The report indicated that the Boys' Club can probably afford the estimated $1,000 repair cost. Mr. Essex indicated that if the repairs exceed this amount the Boys' Club will probably reapproach the Council. The Council received and filed this matter. -9- City Council Minutes February 14, 1983 CONSIDERATION OF A RESOLUTION ESTABLISHING A FORMAL POLICY STATEMENT FOR THE PROCESSING OF CONDITIONAL USE PERMITS: The City Manager presented a report from the Com~nunity Development Director dated February 3 transmitting a resolution which staff recommended be adopted as a policy statement for the processing of conditional use permits. Mayor Laca¥o stated he requested the preparation of this policy statement in response to a recent article published by the Chamber of Commerce president which criticized the Council's handling of certain conditional use permit applications. He stated the resolution outlines the type Of conduct the Council will follow in reviewing applications for uses which will impact their adjoining neighbors and the resolution is a restatement of the practices the Council has followed in the past. Councilman Mullen asked if the proposed resolution was in compliance with State law. The City Manager indicated that the resolution restates current City Zoning Ordinance requirements relating to conditional use permits which have been followed by the Council for some time. Councilman Mullen stated the Chamber article seemed to infer that the Council was not complying with State law. He expressed concern that the Chamber newsletter was used for a political purpose without the approval of the Chamber membership. He suggested that the Council meet with the Chamber's Executive Board. Mr. Larry Wuebker, 8661 Acacia Drive, Cypress, stated he is on the Executive Board and is the Legislative Chairman for the Chamber and that he would be willing to meet with the Council. Mr. Wuebker reported that the president's letter was to have been mailed directly to the City Council without going through the Chamber newsletter; however, the president decided to use his prerogative and issued his statement in the newslettar. Mr. Wuebker stated the Board of Directors was disturbed that the letter was issued in the newsletter and in the future the Board would like the president to express views as directed by the Board. Mayor Lacayo felt the Chamber's concerns about the business community or Council policy should be discussed in a meeting with the Council. Councilman Mullen spoke in support of the Council's past practice where it has encouraged meetings between applicants and adjoining property owners in order for them to reach compromises. He stated that such meetings have resulted in all parties being satisfied and in better relationships between businesses and their neighbors. It was moved by Councilman Mullen and seconded by Mayor Lacayo to adopt the following Resolution by title only, title as follows, to request a joint meeting with the Chamber's Executive Boards and request staff to transmit a copy of the Resolution to the Executive Board: RESOLUTION NO. 2610 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUMMARIZING THE STATE PLANNING ACT AND crrY OF CYPRESS ZONING ORDINANCE NO. 640 REQUIREMENTS FOR THE PROCESSING OF CONDITIONAL USE PERMITS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Partin Mayor Lacayo requested that Mr. Wuebker contact the Executive Board in regard to determining available dates for the meeting with the City Council. CONSIDERATION OF PRELIMINARY REPORT FOR THE CYPRESS LIGHTING DISTRICT · 2~ 1983: The City Manager presented a report from the Public Works Director dated January Z5 which recommended the adoption of four Resolutions pertaining to the Lighting District for 1983. The City Engineer's Preliminary Report recommended the withdrawal of one area from the Lighting District and the annexation of another area (Annexation #8Z-l). One resolution established the date and time for a public hearing on February 28 at 7:30 p.m. It was moved by Councilman Mullen and seconded by Councilman Kanel to adopt the Resolutions by title only, titles as follows: RESOLUTION NO. 2611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING CERTAIN PORTIONS OF THE CYPRESS LIGHTING DISTR/CT OF ORANGE COUNTY LOCATED WITHIN THE BOUNDARIES OF THE CITY OF CYPRESS TO BE WITHDRAWN FROM SAID DISTRICT. -10- City Council Minutes February 14, 1983 33i RESOLUTION NO. Z61Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVING THE PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. Z601 OF SAID COUNCIL. RESOLUTION NO. Z613 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DECLAR!rNG ITS INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS TO BE INSTALLED AND MA]I'~TAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 1983, TOGETHER WITH ANNEXATION NO. ZZ WHICH STREET LIGHTING SYSTEM IS TO BE ANNEXED TO THE CYPRESS LIGHTING DISTRICT NO. Z. RESOLUTION NO. 2614 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT REFERRED TO IN RESOLUTION OF INTENTION NO. Z613 AND DIRECTING THE C1TY CLERK OF SAID CITY OF CYPRESS, CALIFORNIA, TO GIVE NOTICE OF SAID HEARING. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo None Partin CONSIDERATION OF INTERVIEW SCHEDULE OF APPLICANTS FOR APPOINTMENT TO THE RECREATION & COMMUNITY SERVICES COMMISSION: Hearing no objections, Mayor Lacayo continued this item to the March Z1 budget workshop meeting. CONSIDERATION OF DATE FOR WORKSHOP RE: AFFORDABLE HOUSING: The City Manager presented a report dated February 8. The Council decided to schedule the workshop on affordable senior citizens housing for Monday, March 7, at 7:00 p.m. Mr. Larry Wuebker, 8661 Acacia Drive, Cypress, requested clarification of whether this item on the agenda related to affordable housing or senior citizens housing. He reported that he serves on an Orange County council which has done an in-depth study of "affordable" housing and which opposes inclusionary housing. The Mayor advised him that this item related to senior citizens housing. Mayor Lacayo recommended that Items ~36, 37, 42 and 43 which relate to the Redevelopment Agency and senior citizens housing project be continued to the March 7 workshop meeting. He indicated that he had questions for the City Attorney and he suggested that the Council forward any questions they have to the staff for a response at the workshop. Hearing no objections, the Mayor continued the following items to the March 7 meeting: Item 4~36, Consideration of Resolution Conveying City Owned Property to the Cypress Redevelopment Agency; Item ~37, Consideration of Resolution Extending a Line of Credit on Behalf of the Cypress Redevelopment Agency; Item ~42, Consideration of Resolution Accepting the Conveyance of City Owned Property Located in the Civic Center Project Area; and Item ~43, Consideration of Resolution Accepting a Line of Credit from the City for Acquisition of Property. CONSIDERATION OF ADOPTION OF RESOLUTIONS ESTABLISHING SALARIES AND WORKING CONDITIONS FOR CITY AND DISTRICT EMPLOYEES: The City Manager presented a report dated February 8 which outlined the terms of the agreements reached with the three employee associations. -11- 332 City Council Minutes February 14, 1983 It was moved by Councilman Mullen and seconded by Councilman Kanel to adopt the Resolutions by title only, titles as follows: RESOLUTION NO. 2615 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTR/CT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE EMPLOYEE ASSOCIATIONS CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. RESOLUTION NO. Z616 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 1635, RULES AND REGULATIONS, CHAPTERS 5, 9 AND 14, CONCERNING OVERTIME~ ON- THE-JOB INJURY, AND EDUCATIONAL INCENTIVE PAYMENT FOR EMPLOYEES OF THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK DISTRICT. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Partln CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Mullen and seconded by Councilman Kanel to approve the Warrant List for Warrants ~74469 through ~74669 in the total amount of $ 520,106.44. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Partin CONSIDERATION OF ATHLETIC FIELD LIGHT USAGE FEES: Mr. Essex presented a report from the Recreation & Park Director dated February 7 which indicated that the Recreation & Community Services Commission, following the recommendation of the Advisory Committee on Use of Athletic Facilities (ACUAF), recommended that user fees not be increased in 1983 with the stipulation that if fees increase by more than 10% over 1982 fees, the added fees be passed on to the youth leagues. The ACUAF further recommended that if 1983 lighting costs are 10% or more below the current fees, that the fees be refunded to each league. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Kanel and seconded by Councilman Mullen to maintain the 1983 athletic field light use fees at the 1982 rate, subject to the following: (1) if fees increase more than 10%, the cost will be passed on to the athletic field light users and (2) if fees decrease by more than 10%, the athletic field light users will be given a credit for that amount. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Kanel, Mullen & Lacayo 0 COUNCILMEMBERS: None I COUNCILMEMBERS: Partin RECESS: Mayor Lacayo recessed the meeting at 11:27 p.m. in order for the Council to convene as the Cypress Redevelopment Agency and consider Items ~41--43 on the agenda. The meeting was called back to order at 11:30 p.m. with Councilman Partin absent. The Council waived the 11:30 p.m. adjournment time. EXECUTIVE SESSION: Mayor Lacayo called an Executive Session at 11:30 p.m. for personnel matters. The meeting was called hack to order at 12:Z7 a.m. with Councilman Partin absent. -12- City Council Minutes February 14, 19s3 3 3 3 ADJOURNMENT: Mayor Lacayo adjourned the meeting at 12:27 a.m. to Monday, February ZS, at 0:30 p.m. M~O~OF T~E CITY,~OF CYPRESS ATTEST: C1TY'GL]~R'K OF TR'E'C~Y OF CYPRESS -13-