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HomeMy WebLinkAboutMinutes 83-05-184O4 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 18, 1983 The adjourned regular meeting of the Cypress City Council was called to order at 7:08 p.m., on Wednesday, May 18, 1983, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro-tem Richard Partin presiding. PRESENT: Council Members Kanel, Mullen and Partin ABSENT: Council Members Coronado and Lacayo Also present were Darrell Essex, City Manager/City Clerk and the following staff members: Barrett and Schatzeder. PLEDGE OF ALLEGIANCE: Councilman Kanel led the Pledge of Allegiance to the flag. Mayor Pro-tem Partin announced that since Mayor Lacayo and Councilman Coronado were not as yet present at the meeting, the Council would consider Items #4, 5, and 6 on the agenda at this time. Mr. Essex stated that he would like to add an item on the agenda concerning sub- mittal of an application under the Housing & Community Development Block Grant, which was added as Item #7. CONSIDERATION OF RESOLUTION OF' COMMENDATION FOR COMMUNITY DEVELOPMENT DIRECTOR DONALD D. LAMM: It was moved by Councilman Kanel and seconded by Councilman Mu]len to adopt the Resolutioh by title only, title as follows, commending Community Development Director Donald D. Lamm who will be leaving Cypress to become Community Development Director for the City of Tustin: RESOLUTION NO. 2648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING COMMUNITY DEVELOPMENT DIRECTOR DONALD D. LAMM FOR HIS OUTSTANDING SERVICE TO THE CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: Kanel, Mullen, and Partin None Coronado and Lacayo CONSIDERATION OF APPOINTMENT O¥ CITY COUNCIL REPRESENTATIVES TO A JOINT STEERING COMMITTEE WITH THE CYPRESS SCHOOL DISTRICT BOARD OF TRUSTEES: Mr. Essex stated that the School Board had suggested that a steering committee be established composed of two Council Members and two Board Members who would meet with the City Manager and the Superintendent on a monthly basis during the day to discuss matters of mutual concern, particularly in light of the number of school sites being available. He indicated that the School Board had appointed Mr. Ed Southfield and Mrs. Christine Swain. He further stated that Mayor Lacayo and Councilman Kanel had both volunteered to serve on the Committee. It was moved by Council Mullen, seconded by Mayor Pro-tem Partin and unanimously carried to appoint Mayor Lacayo and Councilman Kanel to the Joint Steering Committee with the Cypress School District Board of Trustees. CONSIDERATION OF AUTHORIZATION FOR THE MAYOR AND CITY MANAGER TO ATTEND THE MEETING OF THE CALIFORNIA HORSE RACING BOARD ON MAY 20, 1983, IN FRESNO, CALIFORNIA: Mr. Essex advised that two years ago a severe problem existed at the Race Track due to the fact that the Track had only a two-day transition period from the Harness Meet to the Quarterhorse Meet to prepare the track which caused a serious distur- bance to the adjoining neighborhood because of the all night movement of heavy equipment and other construction noise. At that time the City was advised that the Horse Racing Board had approved the three years schedule of the Meets which had provided only the two-day transition period. A temporary arrangement had been worked out between the CITY COUNCIL MINUTES May 18, 1983 Race Track and the residents to help alleviate the situation; however, overnight work is still required which could create a disturbance. In 1982, the Mayor was authorized to send a letter to the State Horse Racing Board requesting that the City be notified when the next three years scheduling would be considered in order to present testimony at the hearing. This meeting has been scheduled for Friday, May 20, 1983, in Fresno, to consider the scheduling for the 1984, 1985, and 1986 racing calendar. Mr. Essex further advised that he had notified the two residents who were appointed as the neighborhood representatives and had discussed this issue with the Race Track personnel who also oppose the short transition period. He stated that Mrs. Vessels had offered to pay all the expenses for the City Manager and the Mayor to attend this meeting. It was moved by Councilman Kane], seconded by Councilman Mullen, and unanimously carried to authorize the attendance of Mayor Lacayo and the City Manager to provide testimony at the State Horse Racing Board hearing on May 20, 1983, in Fresno, CA, and be reimbursed for all actual and necessary expenses incurred. In response to Mayor Pro-tem Partin, the City Manager advised that the motion was appropriate as the City does have to advance the expenses at this time which later will be reimbursed by the Race Track. Responding to Councilman Mullen's inquiry, David Barrett advised that the Cable TV Bidder's Conference is scheduled for Thursday, May 19, 1983, at i0 a.m., in the Administrative Conference Room, to discuss the basic format for submittal of proposals and answer any questions that potential bidders might have as well as to introduce members of the educational consortium. He further stated that any Council Member may attend. CONSIDERATION OF SUBMITTAL OF APPLICATION FOR THE SPECIAL EMERGENCY JOBS BILL UNDER THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT: Mr. Essex stated that the City had been notified that the County is making available additional funding under a Special Emergency Jobs Bill of the Housing and Community Development Block Grant and that the deadline to submit the application was Friday, May 20, 1983. The City proposed to submit an amount of $ 305,500 for public works improvements in the recently annexed area of Walker and Crescent which includes certain streets, i.e., St. Ann, Danny, and Vonnie which were not included for improvements under the previous County grant. He stated that this area had already been identified as a County priority before annexation and meets the criteria of the Jobs Bill in that it 1) provides 4,600 manhours of employment; 2) will hasten the initiation of a federal project; and 3) will benefit a low-moderate income target area within the City. It was moved by Councilman Kanel, seconded by Councilman Mullen, and unanimously carried to approve the submittal of an application for the Special Emergency Jobs Bill under the Housing and Community Development Block Grant appropriations and authorize the Mayor to sign the subject application. Councilman Kanel requested discussion regarding the letter received by all Council members from a resident of Cypress who had dined at the Dos Bandidos Restaurant and was upset about the shoot-out skit which he contended was not announced and that both he and his wife had suffered severe after effects from the sound of the gun which was fired directly from behind his chair. Councilman Kanel was concerned on whether or not the restaurant was complying with the conditions of approval of the Live Entertainment Permit. Mr. Essex stated that he had discussed that letter with Chief Lowenberg when it was received and that the Chief had indicated that it was completely different from what he and other officers had observed. At those times the skit was very clearly announced and that the gun was not fired near any tables or patrons. In talking with other people, the City Manager stated that no other adverse comments were received. It was moved by Councilman Kanel, seconded by Councilman Mullen, and unanimously carried to direct the City Manager and Police Department to evaluate the shoot-out performance at the Dos Bandidos Restaurant, advise the management of the incident, and return to Council with a report. EXECUTIVE SESSION: M~yor Pro-tem Partin called an Executive Session at 7:30 p.m. for matters of personnel. The meeting was called back to order at 7:45 p.m., with Council Members Coronado and Lacayo absent. Mayor Pro-tem Partin announced that Councilman Coronado was ill and would not be attending tonight's meeting. - 2 - 40B CITY CO~CIL MINUTES May 18, 1983 CONTINUATION OF CONSIDERATION OF CABLE TV CONSTRUCTION STANDARDS: Mayor Pro-tem Partin stated that this item was continued specifically on the request of Councilman Coronado who had questions about the construction standards and re- quested staff to present its report. Mr. Barrett summarized his staff report dated May 4, 1983, which stated that this issue was one of several key issues to be addressed in the Cable TV Ordinance. He stated that potential bidders will need to know what construction procedures will be allowed in order to incorporate these guidelines in their proposals. He advised that he had a slide presentation which will illustrate the street installation of cable and types of electronic housing. He commented that the passive electronics are those which contain the connections for drop lines to houses or the simple connection types of things and that active electronics would be line extenders an.d amplifying type of equipment which is better left above ground because the undergroud vaults have never proven to be totally waterproof. He advised that there are new iow profile cabinets available and that in regards to placement 'of pedestals, an inspection process starting with the plan review level can be established whereby staff or a consultant if necessary would review those plans and suggest changes on the placement of those pedestals after a field review so that the placement is in the best possible place within the restrictions of the electronics system. In response to Councilman Kanel, Mr. Barrett advised that in his estimation there would probably be representatives from four cable companies at the bidder~' conference on May 19. Mr. Essex indicated in response to Councilman Kanel's inquiry regarding who would be evaluating the proposals that if several proposals which appear complicated in their content and beyond the scope of the staff then we would take advantage of the motion that was approved by Council to employ someone with the expertipe to serve as a consultant/advisor to evaluate those proposals and submit a recommen- dation. If on the other hand, we receive only one proposal which we feel qualified to evaluate, we would probably attempt to evaluate it without outside assistance. Mr. Barrett proceeded with the slide presentation which showed streets in Santa Ana, Fountain Valley, and Westminster on the trenching procedures and on the various placement of the electronic boxes. MAYOR LACAYO ARRIVED AT 8:02 p.m. During the slide presentation, Council had discussion regarding vandalism and waterproofing of the electronic boxes and the condition of the street after slurry seal. Responding to Mayor Pro-tem Partin, Mr. Schatzeder stated that he did not see any problem with the crosscuts on the local streets and that the arterial streets would be bored and there would not be any open cuts in the arterial streets. He did not anticipate any problems if the recommendations in the report were adopted as the construction standards. He further stated that staff had not received any complaints from the residents when California Cablesystem made the cuts across Ball Road at Denni at the time they were laying the cable for the county area. Councilman Mullen moved to adopt the construction standards as outlined in the report. Mayor Lacayo asked if there were anyone in the audience who wished to speak on this issue. Mr. Kit Fremin representing Group W Cable Company, introduced Mr. Bill Rosenthal, Regional Director of Franchising and Markets Development; Mr. Mike Thatcher, District Construction Supervisor, and Mr. Ross Bocher, Regional Engineer. Mr. Mike Thatcher submitted an underground cost analysis for the City of Cypress for Council's review. Mayor Lacayo stated that in view of the absence of the City Attorney and since a bidder's conference was scheduled for Thursday, May 19, 1983, the Council should not give one cable company an advantage in discussing costs and requested that Mr. Thatcher limit his comments to the construction standards since the City had not begun its formal bidding process. At this time Mayor Lacayo seconded the motion to adopt the recommendation in the staff report and opened the floor for discussion. CITY COUNCIL MINUTES May 18, 1983 Mr. Thatcher stated that the price schedule reflected the whole industry and not only Group W's. He stated that there are basically three types of under- ground construction: 1) placing electronics on both sides of the street which will require a trench parallel to curb and gutter; 2) building on one side of the street with laterals across the street; and 3) a new item that City of Placentia is looking into which would be the use of a rocksaw to do the cuts with a backfill of epoxy which is in use in the City of Scottsdale. He further stated that Group W, as well as other cable companies are always looking for a way to save money and keep the integrity of the system. The City Manager advised that in the staff's opinion the recommendations were appropriate construction standards for the City of Cypress for inclusion in the ordinance and following the other workshops an ordinance will be prepared incor- porating all the directives agreed upon by Council. Mr. Barrett added that staff is asking Council's approval of the basic concept of the procedure to present to the cable companies in order for them to submit their proposals and that the cable companies require at least 30 days to complete a proposal. He advised Councilman Kanei that the deadline for the Request for Proposals was August 1. Responding to Councilman Partin's concern regarding guarantee of construction because of the state of the economy, Mr. Barrett advised that the purpose of holding off the ordinance was that the ordinance would be complete both as a cable TV ordinance and a franchise ordinance and it would have requirements for an installation schedule and penalties for failure to perform as well as require a performance bond for the duration of the construction period. Councilman Mullen asked if it would not be more economical to proceed with aerial installation in order to generate earlier revenues. Mr. Barrett stated that although the aerial approach would create a cash flow situation, recent experience has seen that undergrouding is proceeded simultaneously because it does not require the permits aerial installation does which takes up to nine months to get approval from the PUC for pole attachment. Mr. Schatzeder advised that the City would require that every trench be filled at the end of the working day because cars going over the open trench would cause dirt to slip from under the concrete causing the loss of support which will create a depression after the slurry seal application. Mayor reiterated that the Council desires a sound system with the most reasonable rates for the subscribers and with construction standards which would not create problems in the future. He requested information in regards to construction standards for overhead lines. Mr. Barrett stated that the industry's standards for overhead installation were acceptable. Responding to Mayor Lacayo, Mr. Barrett stated that if the staff's five recommendations were approved, he would indicate that these were the minimum standards required when addressing the potential bidders and if the bidders wished to submit something superior, there wouldn't be anything to restrict them from doing so. The motion made by Councilman Mullen and seconded by Mayor Lacayo to adopt the five recommendations for underground installation procedure as outlined in the staff report dated May 4, 1983 was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Kanel, Mullen, Lacayo and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: I COUNCIL MEMBERS: Coronado RECESS: Mayor Pro-tem Partin called a recess at 8:45 p.m. The meeting was called back to order at 8:53 p.m., with Mayor Lacayo presiding. CONTINUATION OF CONSIDERATION OF DISCUSSION ON HOLDER STREET OPENING, SOUTH OF KATELLA: Mr. Essex advised that the Council in February of 1981 considered the Holder Street issue along with the development of the Cypress Land Company, north to the flood control channel and north of the residential development surrounding Orangewood. He further stated that, at that time, Council required the developer to post a -4- 4O8 CITY COUNCIL MINUTES May 18, 1983 bond for that particular improvement and staff was requested to bring back this issue to Council within the three year bond period. At the end of the three year period, the developer would not be required to pay for or construct that crossing of the channel and opening of Holder Street. The City Manager advised that notification at that time was to the residents within a 300' radius along the south side of the channel and a 300' radius along Holder Street, forming a "T" shaped notification area. He stated that the three year period would end in February 1984 and that at the Traffic Commission meeting this issue was raised and they were recommending the opening of Holder Street. He suggested that if the Council wished to pursue a public hearing on the matter, it should consider notifying all those residents south of the channel who would be impacted by the opening of Holder Street, particularly in the vicinity of Orangewood and Valley View. He also submitted a sample letter with an attached survey that could be sent to residents in that area. Mayor Lacayo suggested continuing this matter to Monday, May 23~ 1983, and allow Council to review the letter and questionnaire. Hearing no objection, the continuance was so ordered by the Chair. CONTINUATION OF CONSIDERATION OF EMPLOYMENT AGREEMENT FOR THE CITY MANAGER: Since Councilman Coronado was absent from the meeting, Mayor Lacayo moved to continue this matter to Monday, May 23, 1983. With the Council's concurrence, the continuance was so ordered by the Chair. ADJOURNMENT: It was moved by Councilman Mullen, seconded by Mayor Lacayo and unanimously carried to adjourn the meeting at 8:57 p.m., to Monday, May 23, 1983, at 6:30 p.m. ATTEST: ~-~0~E-~Y OF CYPRESS CITY~L~P[K- ~ THE CI~ OF CYPRESS 5