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HomeMy WebLinkAboutMinutes 83-03-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 28, 1983 ~e regular meeting of the Cypress City Council was called to order at 6:36 p.m. on Monday, March 28, 1983, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: ABSENT: Councilmembers Coronado, Kanel, Mullen, Partin and Lacayo None Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following staff members: Barrett, DeCarlo, Dunn, Lamm, Lowenberg, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: Reporter Pam Lincoln led the pledge of allegiance to the flag. The City Council recessed to the Administrative Conference Room to conduct a joint meeting with the Board of Directors of the Cypress Chamber of Commerce. JOINT MEETING WITH THE CYPRESS CHAMBER OF CO~ERCE EXECUTIVE BOARD: Mayor Lacayo stated he would like the Chambe~ and Council to hold an annual meeting to discuss mutual concerns. He indicated that the Council was disturbed over the Chamber's recent newsletter article which criticized the Council's method of processing conditional use permits and he felt the Chamber should have discussed their concerns in a meeting with the Council before publishing the article. The Mayor described the Council's practice of encouraging meetings between an applicant and adjacent property owners when there are issues to be resolved with a development application and he stated the results of these meetings have been positive and the solutions could not have been reached during formal public hearings. Councilman Mullen indicated that he would not have been able to support certain applications because of the objections raised by homeowners at the Council meetings and that the applicant/homeowner meetings provided an opportunity to reach compromises leading to approval of projects. Mrs. Wilma Wilson, Whitney Way, Cypress, stated the Council had acted in a professional manner in considering Hyatt Die Cast's conditional use permit. She stated that dialogue between an applicant and adjacent neighbors is never a waste of time. Mrs. Wilson indicated that Hyatt's meeting with the neighbors improved relations between them and helped resolve a recent problem concerning a fire bell. Councilman Coronado stated he appreciated the intent of the Chamber's message but he felt the City administration and business community should cooperate in order to stimulate business in Cypress and convey to prospective businesses that they are attuned to their needs. Mr. Milton Yates, President of the Chamber, stated the purpose of the article was to get the Council to take another look at a procedure the Chamber felt was questionable. He stated the Council has the duty to determine whether conditional use permits should be issued and that public meetings, not a private home, are the place to discuss the pros and cons of an application. Mr. A1 Hyatt, representing Hyatt Die Cast, stated he supported dialogue between a business and its neighbors. He stated he wanted to develop a business on his property which is least objectionable to the neighbors which is why the RV storage business was chosen. He indicated that he wanted to develop the business in stages in order to determine whether it would be successful. Mr. Hyatt discussed his concerns over the fact that he must spend thousands of dollars for City-required property improvements, such as installation of curbs, a street light and repaving a driveway, without knowing whether the RV business would succeed and provide a return on his investment. Mr. Hyatt also expressed concern that he cannot utilize the street between his two buildings as access to the RV area. He reported that Mercury Rentals and Cypress Auto Tow are able to use this street. Mr. Hyatt indicated that if there is insufficient interest in his RV business, then he may not proceed with it or he may consider an alternate use. 36O City Council Minutes March 28, 1983 Councilman Mullen stated that Mr. Hyatt's concerns with the recommended conditions were not brought up as issues during the public hearing. He suggested that Mr. Hyatt initiate a request to amend the conditions and that the Council consider the possibility of having the applicant bonded for the improvements. Mr. Yates stated the Council has the responsibility to rule on all conditional use permits and this decision-making authority should not be delegated to property owners. He stated the Council was adding another step by having the applicant meet with the neighbors. Mr. Yates suggested that the staff can speak with an applicant and the neighbors, establish what their differences are, and then bring back recommendations to the Council. Mr. Yates stated that all statements relating to an application should be made in public, and if an applicant or neighbors have any objections they should come before the Council. Mr. Larry Wuebker stated that representatives of large businesses are afraid of conflicting with the City Council and instead voice their opinions to the Chamber. Mayor Lacayo suggested that if the Chamber feels there is a misconception about what the Council is trying to do then they should request a meeting to discuss problems that the Council may be creating. Mr. Wuebker stated the Council should take a more businesslike outlook and not be concerned with the political impact of their decisions. Mr. Wuebker stated the Council does not show a "pro business" attitude when it anticipates problems that may not occur and requires an applicant to make expenditures for solutions that may not alleviate the problems. Mr. Yates inquired about the procedure for filing a conditional use permit application and the Mayor explained the filing procedure including the public hearing process. Mayor Lacayo stated that the Council does not delegate its responsibility to anyone and that their approach in suggesting voluntary meetings is advisory only. Mr. Yates suggested that Chamber members speak out about opinions expressed in the newsletter and that they approach the Board if they have concerns about the Chamber's philosophy. The Councilmembers expressed their desire to schedule an all-day work session with the Chamber board members to discuss issues raised at tonight's meeting. PRESENTATION: The City Clerk administered the Loyalty Oath to newly appointed Recreation and Community Services Commissioner Henry Castro,Jr. ORAL CO~UNICATIONS: Mayor Lacayo asked if anyone wished to speak in regard to any matter not on the agenda. No one wished to speak. PUBLIC HEARING RE: WEED ABATEMENT PROGRAM FOR 1983: Mayor Lacayo opened the public hearing. The City Manager presented a report from the Public Works Director, dated March 16, indicating that the purpose of the hearing was to hear protests to the proposed weed abatement program. Mayor Lacayo asked if anyone wished to speak in support or in opposition to the weed abatement program. Mr. Jess Black, 5422 De Long Street, Cypress, stated he supports the weed abatement program and that he was glad the notification card contained a deadline date by which to complete the work. Mr. Black recommended that the April 4 deadline be extended another month for all property owners because of the fact that the recent rains have left the ground wet and weeds would be difficult to remove. Mr. Essex reported that the weed abatement program includes a procedure whereby property owners may request and receive approval of an extension of the deadline date due to extenuating circumstances. Councilmembers Coronado and Lacayo expressed support for delaying the deadline until early May as suggested by Mr. Black. The Public Works Director felt the weed removal should be done while the ground is still moist and suggested that mid-April be set as the deadline. -2- City Council Minutes March 28, 1983 The City Council requested that staff investigate this matter and prepare a report for the next meeting which reco~umends an appropriate deadline date for the weed abatement work to be completed. It was moved by Councilman Coronado and seconded by Mayor Lacayo to close the hearing and adopt the Resolution by title only, title as follows: RESOLUTION NO. 2631 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING THE ABATEMENT THEREOF. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - DOS BANDIDOS RESTAURANT (FORMERLY GRINGO JIM'S), 6197 BALL ROAD, CYPRESS: Mayor Lacayo opened the Public Hearing. The City Manager presented his report dated March 21, 1983, which indicated that this was a request to allow a four - five piece Country/Western band to entertain on the premises and to also allow dancing by the patrons daily from 8 p.m. - 2 a.m. He stated that after the application was filed, a request was received to allow the applicant to present a live theatrical western gunfight skit involving actors from Knott's Berry Farm using blank gun cartridges to perform daily inside of the establishment at 7:30 p.m. 'i~e City Manager advised that upon receipt of a written request from the applicant to waive the requirement for a live entertainment permit for their grand opening days which was scheduled prior to the conduct of this public hearing, a temporary permit was granted for March 4, 5, and 6, 1983. A subsequent request to extend the temporary permit until March 28 was also granted since the applicant had already signed contracts with the entertainers. THe City Manager stated that the affidavits of posting, publication, and mailing of the Public Hearing Notices are on file in the office of the City Clerk and no written communications either in favor or in opposition to the requested permit have been received. He stated that the Police Chief had conducted an investigation of the applicant and had no basis to protest the band and dancing portion of the application; however, did not recommend the continuance of the theatrical gunfight beyond the initial opening period due to possible accidents that might occur should someone misunderstand or not be familiar with the presentation. ~erefore, the Police Chief's recommenda- tion was that this type of entertainment not be granted on a permanent basis. Mayor Lacayo asked if the applicant wished to make a presentation. Mr. James Gennette, 2529 Ft. Gallop, Laguna Hills, the applicant, advised that the shoot-out is held once in the evening at 7:30 p.m. and that the blank cartridges do not contain any powder. The skit is announced twenty minutes before the performance which is held in the dining room area and no problems have been encountered thus far. In response to a question from Councilman Mullen, Chief Lowenberg advised that even if the performance was announced immediately before it occurred, he still felt that a potential for an unfortunate accident exists since the firearms are visible to any patrons entering the area. Following questions from the Council, the applicant described the skit as presented by the two costumed men. Chief Lowenberg advised that he believed that the guns used were operable Western type 45's and that the primer cap in the cartridge is used only -3- City Council Minutes March 28, 1983 which would not be strong enough to force anything out of the barrel of the gun. The sound is muffled but it is still a firearm which does d±scharge. Mr. Ed Garcia, 9818 Juanita, Cypress, stated that he lived about 1/2 a block away from the restaurant and would oppose live entertainment being conducted there until 2 a.m. He felt that the traffic was already heavy on that street and that with this use it would greatly increase and he would not like the noise that would be generated from the live entertainment. Councilman Mullen stated that he had been in the establishment several times and the noise was very loud inside but that the building apparently was well insulated since the noise did not carry to the adjacent neighbors. Mr. Garcia was advised that the Council had the right to place conditions on the permit and also to revoke it if it causes a problem to the adjacent neighborhood. Councilman Mullen stated that the Police Department could increase enforcement on Juanita Street and commented that in the past that street had been given a great deal of attention in terms of traffic safety and control. The Mayor requested the Police Chief to increase enforcement on Juanita Street and report back to Council at a later date. ~e applicant stated that he wants to cooperate with the adjoining neighbors regarding any noise problems and advised that he does have two security guards on the lot daily until 2 a.m. and they have not had any problems. In response to Councilman Coronado's question, Chief Lowenberg advised that traffic on Juanita Street had been a problem for years and the Police Department continues to run radar enforcement there on a regular basis. Regarding accident statistics, the Chief advised that since the traffic signals were installed there, no significant problems have occurred. Mayor Lacayo stated that he understood the value of promotional activities due to the present bad economic conditions and asked the Police Chief if any officer had been present during the shoot-out performances and whether his concerns were based on the display of the weapons or on the actual performance. Chief Lowenberg advised that his concern was with the public safety factor associated with the performance which may be mistaken for an actual gunfight and his recommendation was to deny the continuance of this skit. Councilman Mullen suggested that rather than flatly denying the request, perhaps, a solution could be worked out whereby toy cap pistol type of weapon could be used. Councilman Kanel expressed his concern also for public safety since alcoholic beverages are served there which may lead to a misunderstanding of the shoot-out. The applicant suggested that a member of the Police Department attend a performance and review the performance before a final decision is made on this matter. It was moved by Councilman Mullen and seconded by Mayor Lacayo to approve the live entertainment permit for Dos Bandidos Restaurant subject to the condition that the City Council reserves the right to reconsider the permit if noise or other problems associated with the operation rises to a level of concern to the neighbors, to continue consideration of the gun fight portion of the application to the next meeting and request the Police Chief or his representative to view the gun fight show and return with recommendations that alleviate the Police Department's concerns. The City Attorney recommended that the motion be to continue the public hearing with the understanding that the music and gun fight will be allowed to continue on a "grace" basis pending the Council's final decision. It was moved by Councilman Mullen and seconded by Mayor Lacayo to amend the motion to continue the public hearing to the meeting of April 11, in order to allow the Police Chief or his representative to attend a performance of the shoot-out skit and extend the temporary permit until a final decision is reached on this issue. The motion was unanimously carried by the following roll call vote: -4- 363 City Council Minutes March 28, 1983 AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT- MR. WILLIAbt }~RRY ROBERTS, D.B.A. SYSTEMS DEL SOL, 10933 LOS ALAMITOS BLVD., LOS ALAMITOS: The Mayor opened the Public Hearing and asked the City Manager to present his report. Mr. Essex presented his report dated March 23, 1983, which indicated that this was a request for door-to-door solicitation for solar heating sales and service in the City of Cypress. The Affidavits of Publication and Posting of the Public Hearing Notices were on file in the Office of the City Clerk and no written communications either in favor or in opposition to the application have been received. The City Manager further stated that the Police Chief had conducted an investigation of the applicant and found no basis for protest. '~e applicant, Mr. William Harry Roberts, 4543 Sherington Court, Cypress, was present and was available to answer any questions regarding his application. It was moved by Councilman Mullen and seconded by Councilman Kanel to close the Public Hearing and approve the application for a Special Permit as requested by Mr. William Harry Roberts, D.B.A. Systems Del Sol, 10933 Los Alamitos Blvd., Los A]amitos, for door-to-door solicitation of solar heating sales and service with solicitation limited to Monday - Saturday, from 9 a.m. - 6 p.m. (daylight hours only). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO, 83-2, ON-SALE BEER & WINE/VIDEO MACHINES, BARR0'S PIZZA RESTAURANT, 6191-95 BALL ROAD (CINNAMON SQUARE SHOPPING CENTER): Mayor Lacayo opened the public hearing. Mr. Essex reported that a petition was submitted to the City Clerk's office this morning expressing opposition to the proposed video games. He reported that public hearing notices were mailed on March 17, which was 10 days prior to the hearing and followed the normal procedure. r~e City Attorney reviewed the petition and advised the Council that it did not include the necessary certification to be appropriately filed pursuant to the City's petition ordinance. He stated the Council should disregard the petition and it should not be considered as part of the official record concerning this application. Mr. Lamm summarized a report dated March 21, describing the application to allow the on-site sale of alcoholic beverages (beer and wine only) at Barro's Pizza Restaurant, 6191-95 Ball Road, located within the Cinnamon Square shopping center. Also i~cluded in the application was a request for 12 video game machines. Mr. Lamm reported that after reviewing the floor plan today, it was determined that there was space for a maximum of nine video games. He indicated that Condition #4 would give the Council the right to order the removal of all video games if they create problems for adjacent neighbors. Mr. and Mrs. Anthony Sanchez, 1727 North Mountain View Place, Fullerton, the applicants, stated Barro's Restaurants offer a good product, they have been beneficial anchor tenants in other centers and the restaurant will have a positive effect in this center where several other businesses have failed. Mr. Sanchez stated they understand the permit can be revoked if the business is out of line. Mr. Sanchez responded to questions from the Council and stated he was aware that three video machines are allowed without a permit, but they still wished to have 12 games in order to be competitive with other pizza businesses. Mr. Sanche2 stated they would abide by the Council's decision. Mr. Sanchez stated he and his wife will personally manage the business. He reported that the video games, supplied by a distributor, will be under their control and they will receive 50% of the revenues. Mayor Lacayo asked if anyone wished to speak in support of the application. Mr. Dan Rendino,Operations Supervisor for Barro's Pizza, Inc., 1181 N. Tustin Avenue, Anaheim, stated beer and wine and video games are offered in most of their 52 other stores and they have never created any problems for the community. -5- 364 City Council Minutes March 28, 1983 The Mayor asked if anyone wished to speak in opposition. Mr. Garcia, 9818 Juanita, Cypress, stated that he was misinformed by staff regarding the petition requirements. Mr. Garcia expressed objections to the video games and felt they would make the business susceptible to drug related activities which would result in increased police calls. Mr. Garcia suggested that only three video games be permitted. Mr. Dragopolous, 9818 Juanita, Cypress, stated he objects to video games. He reported that juveniles throw bottles on his lawn and the serving of beer and wine will make the situation worse. He stated he does not object to the pizza restaurant. Mr. Frank Avilar, 9832 Juanita, Cypress, stated he opposes the video games and that there is too much traffic in the area already. Mr. Sanchez, the applicant, stated they realize the potential problems with video games. He stated the games will be positioned in front of the kitchen so that they can be supervised. He reported that a manager will always be on the premises. Mr. Sanchez stated the video games would be incidental to the restaurant operation. He reported that beer and wine will be sold only on the premises so there will be no bottles or cans to carry out. Responding to a question from the Mayor, Mr. Sanchez stated that a limit of three video games would be a hardship since their restaurant will have sit-down dining unlike the other Bsrro's Restaurants which serve carry-out food. Councilman Mullen stated that 12 video games would constitute an arcade and that he could not support the request because of the objections which had been expressed by the neighbors. Councilman Kanel indicated that the Council did not favor a proliferation of video games. He stated he hoped the applicant's business was not predicated on the video games. Mr. Sanchez stated the games would be for paying customers only and outside use would be discouraged. It was moved by Councilman Mullen and seconded by Mayor Lacayo to close the hearing and adopt the following Resolution by title only, title as follows, approving Conditional Use Permit #83-2 subject to the conditions recommended by staff with the deletion of Condition #4, and approving a maximum of three video game machines With the restaurant: RESOLUTION NO. 2632 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 83-2 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None RECESS: The Mayor called a recess at 9:15 p.m. The meeting was called back order at 9:25 p.m. with all Councilmembers present. PUBLIC HEARING RE: AMENDMENT 'FO CONDITIONAL USE PERMIT #83-13, MITSUBISHI MOTOR SALES OF AMERICA, INC. (Southwest Corner of Katella and Holder): Mayor Lacayo opened the public hearing. The City Manager presented a report dated March 22 and requested that the hearing be continued to the April 11 meeting to allow the applicant to meet with staff to resolve certain problems. It was moved by Councilman Mullen, seconded by Councilman Partin and unanimously carried to continue the public hearing to the April 11 meeting. 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. Councilman Coronado requested that Items #15 and 16 be removed from the Consent Calendar. City Council Minutes March 28, 1983 It was moved by Councilman Mullen and seconded by Mayor Lacayo to approve Items #9 through #21 on the Consent Calendar with the exception of Items #15 and 16. 'Fhe motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Partin and Lacayo Item #9: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item #10: Consideration of Proclaiming May 1983 as Older Americans Month. Recommendation: That the Mayor and City Council officially proclaim the month of May 1983 as "Older Americans Month" in the City of Cypress. Item #11: Consideration of an Original Application for an Alcoholic Beverage License Filed by Anthony J. and Theresa M. Sanchez, DBA Barro's Pizza, 6191-95 Ball Road, Cypress. Recommendation: That the City Council receive and file this application subject to the approval/disapproval of Conditional Use Permit #83-2 which is the subject of a public hearing at the March 28 Council meeting. Item #12: Consideration of Claim and Amendment Filed by W. Michael Hayes, Attorney, On Behalf of Guadalupe Leal. Reco~endat]on: That the City Council officially reject the subject claim and amendment and refer it to the City's Claim Adjuster, Carl Warren & Company, for appropriate disposition. Item #I3: Consideration of Proclaiming April 1983 as Fair Housing Month. Recommendation: That the Mayor and City Council officially proclaim the month of April 1983 as "Fai? !lousing Month" in the City of Cypress as requested. Item #14: Consideration of Acceptance of Improvements and Release of Bonds for Tract #11082 (Ball Road, north side, east of Valley View). Recommendation: ~at the City Council accept the public improvements in Tract #11082 as being satisfactorily completed in accordance with the Plans and Specifications and authorize the City Clerk to release the Monumentation Bond and the Labor and Material Bond upon expiration of their required lien periods, providing no mechanic liens are filed, with the Performance Bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship. Item #17: Consideration of Position Classification Amendment. Recommendation: ~hat the City Council adopt the classification specification and Resolution by title only, title as follows, amending the Position Classifi- cation Plan for the position of Assistant to the City Manager/Employee Relations RESOLUTION NO. 2633 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 975 BY ADDING, AMENDING AND DELETING CERTAIN CLASS SPECIFICATIONS TO THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. Item #18: Consideration of AB 187 and SB 778 - Compulsory Binding Arbitration for Peace Officers; and SB 142 - Preemption of City Control of Signs. Recommendation: That the City Council authorize the Mayor to send letters of opposition to AB 187, SB 778 and SB 142 to the appropriate State legislators. Item #19: Consideration of an Application for an Alcoholic Beverage License Transfer Filed by Mohsen Shoamanesh and Abbass Zali, DBA Granny's Grotto, 4356 Lincoln Avenue, Cypress. -7- 866 City Council Minutes March 28, 1983 Recommendation: Receive and file. Item #20: Consideration of a Memorial to Former Commissioner. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, designate this year's Juried Art City Purchase Award as the Lucile Levy Award, and appropriate $300 from the General Fund to Account #12-4104-313.08 for purchase of a base and plaque to be placed with the portable traveling sculpture. Item #21: Consideration of Campaign to Encourage Donations for Sculpture Bases. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, approve the campaign to encourage donations for bases on which to mount donated sculptures as recommended by the Recreation and Community Services Commission. In regard to Item #iS, Consideration of Car Allowance for the Assistant to the City Manager/Management Services, Councilman Coronado asked why mileage reimburse- ment would not be adequate instead of a car allowance. Mr. Essex reported that the recommended car allowance was discussed during management salary negotiations. He stated it was consistent with the City's general mileage policy for manage- ment positions which was based on a past study which determined an appropriate amount to give staff members who use their vehicles on City business. Council- man Mullen felt the Council should give fair and equal treatment to employees in a similar management category and should not deprive this employee of the car allowance. It was moved by Councilman Mullen and seconded by Councilman Kanel to authorize a monthly car allowance for the position of Assistant to the City Manager/Man- agement Services. %he motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Kanel, Mullen, Partin & Lacayo NOES: 1 COUNCILMEMBERS: Coronado ABSENT: 0 COUNCILMEMBERS: None In regard to Item #16, Consideration of Automobile Liability for City Street Sweepers While in the City of La Palma, Councilman Coronado asked if the City of La Palma paid for the extra insurance and for claims settlement. Mr. Barrett reported that the agreement with La Palma calls for each city to pay half the deductible, which has been r~duced from $1,000 to $250 through this policy renewal change. It was moved by Councilman Coronado and seconded by Mayor Lacayo to authorize a replacement of Automobile Liability Insurance for the street sweepers with EmpSre Fire and Marine Insurance Company. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE POLITICAL SIGN AND CAMPAIGN LIMITATIONS STUDY CO~ITTEE: ~he City Manager presented a report dated March 23 which listed the Council's nominations for appointees to the committee. Mayor Lacayo announced that Councilman Mullen had nominated Greg Diaz, Councilman Kanel had nominated John Kennedy, Councilman Coronado had nominated Martha Justice, Councilman Partin had nominated Howard Rowan and the Mayor had nominated Tony Dragonetti. Mayor Lacayo stated his nominations for the two members to serve at-large were Jim Smith and Ed Clark. Mayor Lacayo nominated Mr. Tony Dragonetti as chairman of the committee. It was moved by Councilman Mullen and seconded by Councilman Kanel to ratify the seven appointments to the committee as nominated by the Mayor and City Council. The motion unanimously carried by the following roll call vote: -8- City Council Minutes March 28, 1983 AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBER$: ABSENT: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None It was moved by Mayor Lacayo and seconded by Councilman Mullen to appoint Mr. Tony Dragonetti as chairman of the committee. Councilman Coronado recommended that the committee members select their own chairman. Councilmembers Partin and Kanel stated they had other recommendations for chairman. Mayor Lacayo stated he was nominating the chairman because Councilman Kanel's original motion called for the Mayor to select the chairman of the committee, subject to approval by the Council. Mayor Lacayo withdrew his motion and Councilman Mullen withdrew the second. Mr. John Kennedy, 10002 St. Vincent Circle, Cypress, stated the committee members do not know each other and that it was appropriate to have the City Council appoint a chairperson. It was moved by Mayor Lacayo and seconded by Councilman Coronado to direct that the committee convene and that Councilman Kanel suggest guidelines for the committee's activities. Councilman Mullen stated he felt the committee chairperson should be appointed by the Council. He felt this would reduce the potential of having a chairperson use the committee as a personal political forum. Mayor Lacayo stated he wished to avoid creating any controversy with the committee. Mayor Lacayo withdrew his motion and Councilman Coronado withdrew his second. It was moved by Councilman Mullen and seconded by Councilman Kanel to appoint Mr. Tony Dragonetti as chairman of the committee. Councilman Coronado stated he opposed having the Council appoint the chairperson. Councilman Partin stated he did not support the nomination and he recommended that the committee select the chairperson. He stated the committee needs a chairperson who has been active and has an understanding of the problems. Councilman Mullen suggested the nomination of Mr. Ed Clark as chairman. Councilman Mullen withdrew his motion and Councilman Kanel withdrew the second. It was moved by Mayor Lacayo and seconded by Councilman Mullen to appoint Mr. Ed Clark as chairman of the committee. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: 1 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Kanel, Mullen, Partin and Lacayo Coronado None Councilman Kanel proposed the following guidelines for the committee. He recommended that the committee convene and determine a meeting schedule and that the committee, assisted by staff and the City Attorney's office: (1) study the merits and flaws of Cypress' existing campaign contributions ordinance in comparison.with the ordinances of other cities, study the appropriateness of the existing "cap" on contributions, and return with a recommendation within 90 days on whether to amend or revoke the ordinance, and [2) study the politica! sign' ordinances of other cities, determine whether amendments to Cypress' sign ordinance are necessary, and return within 90 days with recommendations. MINUTES: It was moved by Councilman Mullen, seconded bM Councilman Kanel and carried, with Councilman Coronado abstaining, to approve the minutes of March 7 and March 14. CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT FOR THE REMOVAL OF STREET TREES AND REPAIR OF CURB, GUTTER, AND SIDEWALK FOR VARIOUS STREETS IN DISTRICTS 21, 23, 25, 26, 27, 28 and 35, CITY OF CYPRESS PROJECT #8300-90: The City Manager presented a report from the Public Works Director dated March 16 which outlined eight bids received. -9- 368 City Council Minutes March 28, 1983 It was moved by Councilman Mullen and seconded by Councilman Kanel to determine that the lowest responsible bidder for Project #8300-90 is Langston Construction, 518 N. First Street, Covina, California, and award them the contract in the amount of $52,707.19. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Partin and Lacayo CONSIDERATION OF REPLACEMENT OF LOST PAGER UNIT: Mr. Essex presented a report from the Finance Director dated March 21 which requested an appropriation to replace a lost pager unit used by a Public Works Supervisor. It was moved by Councilman Coronado and seconded by Councilman Partin to award a contract for a new pager unit to Orange County Radiotelephone, 401S. Santa Fe Street, Santa Ana, California, in the amount of $164.30, and appropriate $164.30 to Account #90-4708-653.38. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None CONSIDERATION OF AWARD OF CONTRACT FOR ANNUAL TYPEWRITER MAINTENANCE CONTRACT, REQUEST FOR QUOTATION #8283-58: Mr. Essex presented a report from the Finance Director dated March 22 outlining that the low bidder, which is the than satisfactory service and they five bids received. The staff report indicated current contract company, has provided less recommended that their bid be rejected. It was moved by Councilman Mullen and seconded by Councilman Partin to: (1) reject the bid received from Yan's Continental Business Machines for the reasons outlined in the report, and (2) award an annual contract for typewriter service to PM Business Equipment Company, 2041S. Grand Street, Santa Ana, California, for the period April 1, 1983 through March 31, 1984 in the amount of $1,785.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Partin and Lacayo CONSIDERATION OF RECO~4ENDATIONS OF TRAFFIC CO~4ISSION MEETING OF MARCH 15, 1983: The City Manager presented a report dated March 18 from the Public Works Director which outlined the actions of the Traffic Commission and recommended that the Council establish a "no parking any time" restriction on Lakeshore Drive west of Valley View. It was moved by Councilman Mullen and seconded by Councilman Kanel to approve the recommendations of the Traffic Commission as outlined in the report and adopt the Resolution by title only, title as follows: RESOLUTION NO. 2634 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A "NO PARKING ANY TIME" AREA ON LAKESHORE DRIVE WEST OF VALLEY VIEW STREET. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None CONSIDERATION OF INTERVIEW SCHEDULE OF TRAFFIC COMMISSION APPLICANTS: Mr. Essex presented a report dated March 22 which transmitted copies of five applications. Mr. Essex suggested that the joint meeting with the Youth Commission scheduled for April 11 be postponed and that the Council conduct the interviews at the April 11 meeting. Councilman Kanel stated that he may be absent from the April 11 meeting and he suggested that the interviews be held at the April 2S meeting. -10- City Council Minutes March 28, 1983 The Council scheduled the Traffic Commission applicant interviews for the April 25 meeting and scheduled the joint meeting with the Youth Commission for the May 9 meeting. CONSIDERATION OF PROVIDING BUSINESS CARDS FOR CITY COMMISSIONERS: The City Manager presented a report dated March 23 indicating that Mayor Lacayo had requested this item on the agenda. Mayor Lacayo recommended that business cards be provided to all City Commissioners who deal in public relations as part of City related business. Councilman Coronado indicated that he did not support providing business cards to the Commissioners since the Council, in reactivating the Commissions, had agreed that the Commissions would not create expenditures for the City. Councilmembers Mullen and Partin stated they did not support business cards for the Youth Commission because the membership changes every year. It was moved by Mayor Lacayo and seconded by Councilman Kanel to authorize business cards for the Traffic Commission and Recreation and Community Services Commission. the motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: 1 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Kanel, Mullen, Partin and Lacayo Coronado None CONSIDERATION OF CITY NEWSLETTER ARTICLES: The City Manager presented a report dated March 22 which transmitted the summer brochure newsletter articles. Mayor Lacayo requested that staff prepare a newsletter article which encourages parents' attendance at youth sports league games. Councilman Mullen requested that an article be included in the newsletter describing the new pump at Nature Park and how it will alleviate flooding problems. He also requested that the article on aphids be clarified so that it refers to aphid problems in the public right of way and not on private property. Councilman Kanel recommended that the newsletter include an article describing the proposed re-roofing ordinance and implementation date for the ordinance so that homeowners may take advantage of re-roofing their homes at a less expensive cost. Mr. Essex suggested that this article be included in the next newsletter or that the Council consider sending a supplemental letter to homeowners. The Council received and filed the newsletter articles. CONSIDERATION OF APPROVAL OF COb~ERCIAL WARRANT LIST: Staff responded to questions from Councilman Coronado regarding several items on the warrant list. It was moved by Mayor Lacayo and seconded by Councilman Mullen to approve the Warrant List for Warrants #75060 through 75254 in the total amount of $417,694.28. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo None None SECOND READING OF ORDINANCE RELATING TO THE TRAFFIC COMMISSION: It was moved by Mayor Lacayo and seconded by Councilman Mullen to order the following ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 704 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 16-8 AND 16-9 OF THE CODE OF THE CITY OF CYPRESS RELATING TO THE TRAFFIC COMMISSION. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None SECOND READING OF ORDINANCE REGARDING STREET TREES: It was moved by Mayor Lacayo and seconded by Councilman Mullen to order the following Ordinance read by title only, title as follows, and tO adopt the Ordinance: -11- City Council Minutes March 28, 1983 ORDINANCE NO. 705 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING ARTICLE IV TO CHAPTER 24 OF THE CYPRESS MUNICIPAL CODE REGARDING PLANTING, REMOVING, PRUNING, INJURING, OR DESTROYING OF STREET TREES. motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Kanel, Mullen, Partin and Lacayo EXECUTIVE SESSION: Mayor Lacayo called an Executive Session at 10:15 p.m. for matters of personnel. The meeting was called back to order at 10:20 p.m. with all Councilmembers present. ADJOURNMENT: It was moved by Councilman Mullen, seconded by Councilman Coronado and unanimously carried to adjourn the meeting at 10:20 p.m. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS -12-