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HomeMy WebLinkAboutMinutes 83-10-11021 MINUTES OF THE REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 11, 1983 The regular meeting of the Cypress City Council was called to order at 7:30 p.m. on Tuesday, October 11, 1983, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: Council Members Kanel, Mullen, Partin and Lacayo ABSENT: Council Member Coronado Also present were David Barrett, Acting City Manager; John Murphy, City Attorney, and the following staff members: DeCarlo~ Dunn, Jones, Lowenberg, Schatzeder and Schiada. PLEDGE OF ALLEGIANCE: Councilman Partin led the Pledge to the flag. CONTINUATION OF PRESENTATION OF A PEDESTRIAN SAFETY CITATION AWARD BY MR. AL WITTy DISTRICT MANAGER OF THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA. Mr. Al Witt presented the 1982 Pedestrian Safety Citation for the 44th Annual Pedestrian Protection Program competitiou, stating that Cypress has had no fatalities for the fifth consecutive year. Mayor Lacayo accepted the plaque on behalf of the Council and the citizens of Cypress. Mayor Lacayo announced that Item 4~15 would be removed from the Consent Calendar and heard at this time. CONSIDERATION OF INSTALLING AMERICAN LEGION "DRIVE SAFELY" SIGNS: Councilman Mullen requested that reference to this item be changed to reflect that this is a project of both the American Legion and the Women's Auxiliary. Commander George Baum, representing Cypress American Legion Post No. 295, indicated that the Legion intends to continue this program as an annual presentation until "Please Drive Safely - Protect our Children" signs are placed in front of every school in Cypress. Commander Baum announced that there will be a flag-raising ceremony on November 12 in front of the American Legion Hall and requested that Mayor Lacayo deliver the speech for the raising of the American flag. Councilman Mullen moved that the City Council accept the offer of the American Legion Cypress Post 295 and the Auxiliary to furnish "Drive Safely" signs and authorize installation at the elementary schools. The motion was seconded by Councilman Kanel and unanimously carried. CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MS. PATRICIA JANE WALLS~ D.B.A. NEW TO YOUr 4015 ORANGE AVENUE~ CYPRESS. Mr. Barrett presented the staff report dated October 5, 1983, and stated that no communications had been received nor did the police department find any reason to protest granting the application. Mayor Lacayo opened the public hearing on this matter. The applicant indicated she was present to answer any questions; however, there being no one else present who wished to testify, Councilman Mullen moved that the City Council approve the granting of this application. The motion was seconded by Councilman Kanel and unanimously carried. CONSIDERATION OF PUBLIC HEARING RE: CONSTRUCTION OF HOLDER STREET OPENING ACROSS STANTON STORM CHANNEL~ CITY OF CYPRESS PROJECT 4~8303-10. Mr. Barrett stated that the staff had received correspondence from the following individuals regarding this matter: 1) Mr. Gregg Diaz, in support of the opening; Z) L. H. Lieberman, M.D., indicating opposition; 3) Dr. and Mrs. Brooklet in opposition; and 4) Mr. Robert C. Gardemal, 6198 Pitcairn, had requested that his letter of opposition be read into the minutes. Mr. Barrett then read the letter from Mr. Gardemal, which is on file in the office of the City Clerk. 022 City Council Minutes October 11, 1983 Councilman Kanel requested that another letter be also read into the record, addressed to Mr. Robert Gardenal from a resident of the area who wished to support the position of the staff and the Director of Public Works but felt he must remain an(mymous. Mr. Barrett read this letter dated August 18, 1983. Mr. Schatzeder then presented the staff report dated September 28, 1983. He made a slide presentation showing the results of the opinion survey by mail which had been requested by the Council and stated that only (me area had a substantial majority opposed to the opening of Holder Street, and this was the Cypress Village area. Mr. Schatzeder stated that, since the costs of this opening and the traffic signals were included as a provision in the original arrangement with the developer, this opening could be done at no cost to the taxpayers if the decision to do so is made before February 1984. Dan Schiada, Traffic Engineer, then made a slide presentation regarding traffic volume and traffic flow patterns, stating that it is predicted that traffic increases would not be greater on Holder than other typical secondary arterials as a result of this opening. He showed the locations of parks and schools in Cypress which would be affected by this opening and distributed copies of a chart based on last year's Cypress Elementary School District figures for the number of children crossing busy intersections, including Valley View. He then reviewed the number of residential units which face Holder Street, indicating that the opening would not create a situation dissimilar to that of other residential developments facing or adjacent to arterials in the City. Mr. Schiada presented a manual traffic count chart entitled "Traffic Volume per each Signal Cycle", which he had personally made during A.M. peak hours at Orangewood and Valley View and Valley View and Katella indicating the severity of the congestion problems presently and stating that it is projected that congestion on Orangewood will increase substantially in the future if Holder Street is not opened. He then discussed the accident history at Holder Street and the channel crossing since 1980. He stated that there is an average of three accidents per year, that the major problem has been the severity of the accidents because of drivers going through the barricades. The chart indicated that each of the accidents had involved drivers under the influence of alcohol. In answer to an inquiry by Councilman Kanel, the City Attorney stated that the fact that the driver is under the influence does not reduce the City's lialbility if it can be shown that a dangerous condition is allowed to exist. Mayor Lacayo then declared the public hearing on this matter open and asked for testimony from those present. The City Attorney suggested that, since a large number of questions had been indicated from the audience, perhaps these could be entertained before the matter was opened to general discussion. The following persons indicated there were in opp.osition to, this opening and asked for clarification of issues raised by the staff: Mr. Robert Daws, 6441 Cantiles; Norm Haler, 6526 Jekyll Way; Ralph Bredding, 6769 Ossabaw Courtl Sharon Grant, 6575 Tangier Way; Michael Wellen, 11619 Malden Street; Don Carrison, 11371 Matinicus Court; Paul Edwards, 11371 Necatina Court; Michael Burgun, 6496 San Andres; Carol Stevenson, 6550 Grand Manan Drive; Jack Cates, 6505 Jalult, Stu Sutherland, 113 Nayshon Court. These opponents emphasized that they are gravely concerned about the fact that the children who live in Cypress Village attend school in Garden Grove and are required to cross Holder Street; that dangerous traffic conditions will exist as a result of the increased volume of cars and the commercial trucks that will drive down Holder; that property values will drop substantially in this area; that crime will increase because of the easy access to their homes; that the negative environmental impact on the neighborhood has not been considered by the staff. They also indicated that they did not feel that enough study had been given to developing alternate methods of reducing the traffic congestion on Valley View and Orangewood. RFCESS: Mayor Lacayo called for a recess at 9:50 p.m.. The meeting was reconvened at 9:58 with all Councilmembers present except Councilman Coronado. Mayor Lacayo then called on Elsie Carruthers, Chairperson of the Traffic Commission, who stated that the reason the Commission had recommended this opening is because there were so many complaints from the people in the southern part of Cypress who could not get in or out of their streets because of the traffic m~ Valley View and Orangewood. 023 City Council Minutes October 11, 1983 Peter Wittington, 6335 San Andres; Steve Flaken 6510 Grand Marion Drive; and Robert Giardina, 6542 Biak Street, then added their opposition to the project. Susan Kreiger, 5994 Fiji; and Roger Borgee, resident of Cypress Village, strongly supported this opening because of dangerous traffic conditions on Valley View and Orangewood. Michael Burgoon submitted a petition containing 610 signatures from residents in the area in opposition, and Vern Gatey, Past President of the Cypress Village Homeowner's Association asked that the resolutlon dated July 27, 1983, passed by that Association in opposition to this opening, be entered into the records. Mayor Lacayo announced that this would be done. Mr. Tom Seraphiny, 6498 Pitcairn Street, Gail Wainstein, 6478 Pitcairn; Steve Palmer, 11398 Madeira; Dennis Pickett, 6506 Deluth Street; Vernon Lowry, 6337 Sombrero; Katherine Berry, 11252 Lowell Court; Mary Burgoon, 6496 San Andres, also spoke in opposition. Councilman Kanel asked for comments by the Chief of Police as to the whether or not, in his professional opinion, the proposed opening would greatly affect the crime rate in this area. Chief Lowenberg stated that opening this street would enable police vehicles to respond faster to some areas in south Cypress but could also create the opportunity for more criminal activity because of easier access. He stated that the department would use radar enforcement to control speeding problems and that truck route ordinances would be enforced as they are in all areas of Cypress. Councilman Kanel stated that, in view of both the support shown in the postcard response and the opposition by those present and those who signed the petition, the matter should be continued until all Councilmembers are present, and he requested that a copy of the taped recording of this meeting be made and sent to Councilman Coronado so that he may have the benefit of hearing all testimony presented during this meeting. Councilmen Mullen stated that he agrees that all Councilmembers should be present to decide this matter and requested that the staff further study the problem of children crossing Holder Street in order to go to and from school Councilman Partin and Mayor Lacayo indicated that they would both favor the continuance and the further study into issues raised at this meeting. Councilman Kanel moved that this matter be continued to November 14 and that the staff be directed to bring back additional studies regarding the questions brought up in the testimony at this hearing. The motion was seconded by Mayor Lacayo and unanimously carried. RECESS: Mayor Lacayo called for a recess at 11:22 p.m. The meeting was reconvened at 11:30 p.m. with all Council Members present. MINUTES: It was moved by Councilman Mullen, seconded by Councilman Partin and unanimously carried to approve the Minutes of September 20, 1983. STAFF REPORTS & DISCUSSION: Mr. Barrrett requested that one additional matter be considered, that of authorization for the Public Works Administrative Assistant to attend the Site Operator's Workshop on Electrical Vehicles in Las Vegas, Nevada, on November 9 and 10, 1983. Mayor Lacayo stated that this would be Item 4t20-A. Mr. Barrett also asked that Item 4~19 be removed from the Consent Calendar and considered separately and that an Executive Session for matters of personnel be held prior to consideration of this item. Mayor Lacayo announced that this matter would be placed at the end of the agenda. CONSIDERATION OF AWARD OF CONTRACTS FOR PROPOSAL NO. 1 (ELECTRICAl, WORK) AND PROPOSAL NO. 2 (PLAY STRUCTURE) - ARNOLD/CYPRESS PARK~ CITY OF CYPRESS PROJECT NO. 8222-90. Mr. Schatzeder reviewed the staff report dated October 4, 1983, indicating that an additional amount of $12,300 will need to be appropriated to cover the cost of these improvements. 024 City Council Minutes October 11, 1983 Councilman Mullen moved that the City Council, and acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: Appropriate $12,300 from the City Open Space (Quimby) Fund for the following accounts: 4186-12-500.29 $8,600 4186-12-513.29 - $ 700 4186-1Z-570.29 $3,000 Determine that the lowest responsible bidder for Proposal No. 1, Project No. 8222-90 is Colsey Construction Co., and award a contract for the Arnold/Cypress Park, Proposal No. 1 - Electrical Work, to Colsey Construction Co., 249 Vista Del Parque, Redondo Beach, CA 90277, in the amount of $36,035. Determine that the lowest responsible bidder for Proposal No. Z, Project No. 8222-90 is Hanson Associates, Inc., and award a contract for the Arnold/Cypress Park, Proposal No. Z - Play Structure Work, to Hanson Associates, Inc., 1601 S. Ritchey Street, Santa Ana, CA 92205, in the amount of $4,200. The motion was seconded by Councilman Partin and adopted by the following roll call vote: AYES: 4 NOES: 0 ABSENT: I COUNCIL MEMBERS: Kanel, Mullen, Partin and Lacayo COUNCIL MEMBERS: None COUNCIL MEMBERS: Coronado CONSIDERATION OF AUTHORIZATION TO PURCHASE REPLACEMENT MOWER. Mr. Schatzeder presented the staff report dated September 27, 1983. After discussion, Councilman Partin moved that the City Council dispense with regular bidding procedure and authorize purchase of a Howard Price Model 727 Diesel Turf Blazer for $9,Z00 plus tax, from Bob Hicks Turf Equipment Co., 1345 N. Dynamics Street, Anaheim, CA. The motion was seconded by Councilman Kanel and unanimously carried. CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF BALL ROAD STORM DRAIN~ CITY OF CYPRESS PROJECT NO. 8417-20. Mr. Schatzeder reviewed the staff report dated September Z8, 1983, indicating that the staff believes that it would be advantageous to proceed with Phase I of this project at this time. Councilman Mullen moved and Councilman Kanel seconded that the City Council determine that the lowest responsible bidder for Project No. 7417-20, Phase I, is Matt J. Zaich & Sons, Inc., and award the contract for the construction of Ball Road Storm Drain Phase I to Matt J. Zaich & Sons, Inc., 309 West Broadway, Glendale, CA 91204 in the amount of $88,910. The motion unanimously carried. 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 will be enacted by one motion approving the recommendations on the agenda. Councilman Kanel moved to approve Items 4t7 - 14, 16 - 18, Z0 and Z0A on the Consent Calendar. The motion was seconded by Councilman Mu]len and unanlmously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL MEMBERS: Kanel, Mullen, Partin and Lacayo 0 COUNCIL MEMBERS: None 1 COUNCI~ MEMBERS: Coronado Item #7: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item 4~8: Consideration of Proclaiming November 1983, as "Veterans Unity Month - a Salute to Women Veterans." Recommendation: That the Mayor and City Council officially proclaim November 1983 as "Veterans Unity Month - A Salute to Women Veterans~, as requested. - 4 City Council Minutes October 11, 025 1983 Item #9: Consideration of Proclaiming Saturday, November 5, 1983, as "Bethany Manor Day" in the City of Cypress. Recommendaticm: That the Mayor and City Council officially proclaim Saturday, November 5, 1983, as "Bethany Manor Day" in the City of Cypress. Item ~10: Consideration of Proclaiming November 17, 1983, as "Great American Smokeout Day." Recommendation: That the Mayor and City Council officially proclaim November 17, 1983, as "Great American Smokeout Day" in the City of Cypress, as requested by the American Cancer Society. Item 4~11: Consideration of Attendance of the Assistant to the City Manager/Employee Relations at the California Public Employer Labor Relations Association (CALPELRA) 8th Annual Conference. Recommendation: That the City Council authorize the attendance of the Assistant to the City Manager/Employee Relations at the California Public Employer Labor Relations Association 8th Annual Conference to be held on November 16 - 19, 1983, in Monterey, California, and be reimbursed for all actual and necessary expenses incurred. Item ~12: Consideration of an Ordinance Amending the PERS Retirement Contract. Recommendation: That the City Council approve the first reading of the Ordinance by title only, title as follows, amending the contract between the City of Cypress and the Public Employees' Retirement System which would provide a survivor's continuance benefit for all miscellaneous employees. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Item 4~13: Consideration of Claim for Damages Filed by Graciela Leal, et al. Recommendation: That the City Council officially reject the subject claim and refer it to the City's claim adjuster, Carl Warren & Co., for appropriate disposition. Item 4q4: Consideration of Recommendations of Traffic Commission Meeting of September 20, 1983 ("One Hour Parking" Lakeshore Drive, West of Valley View Street and "No Parking Any Time" Walker Street, South of Vista Sierra). Recommendation: That the City Council approve the recommendations of the Traffic Commission as outlined in the report and adopt the Resolutions by titles only, titles as follow, establishing a "One Hour Parking" limitation on Lakeshore Drive, West of Valley View Street, and a "No Parking Any Time" area on Walker Street, South of Vista Sierra. RESOLUTION NO. ZTO1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A "ONE HOUR PARKING" LIMITATION ON LAKESHORE DRIVE~ WEST OF VALLEY VIEW STREET RESOLUTION NO. ZTOZ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A "NO PARKING ANY TIME" AREA ON WALKER STREET~ SOUTH OF VISTA SIERRA Item ~16 Consideration of Request for Encroachment Permit to Install facilities Within the Public Right-of-Way of Chip Avenue, Valley View Street~ and Future Plaza Drive. - 5 - City Council Minutes October 11, 1983 Recommendation: That the City Council authorize issuance of an encroachment permit to Contel Page Communications, Inc., to install facilities within the public right-of-way of Chip Avenue, Valley View Street~ and future Plaza Drive. Item ~17: Consideration of Request for SB 821 Funds for Bicycle and Pedestrian Facilities on Walker Street Bikeway from Cerritos Avenue to Katella Avenue, City of Cypress Project No. 8115-90. Recommendation: That the City Council adopt the Resolution by title only, title as follows~ authorizing submittal of a request to OCTC for funding from SCAG for the Walker Street Bike Trail. RESOLUTION NO. 2703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS AUTHORIZED UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN Item 4~18: Consideration of Coyote Creek Bicycle Trail from South Side of Lincoln Avenue to South Side of La Palma Avenue, City of Cypress Project No. 8219-90. Recommendation: That the City Council 1) Authorize the City of Lo~ Alamitos to submit a joint application to the Orange County Transportation Commission for SB 821 Bicycle Trail Funding for construction of Coyote Creek Regional Bicycle Trail, and 2) Approve allocation of the City of Cypress local SB 821 funds for 1983/84 in the amount of $9,072 for 1983/84 to the Coyote Creek Regional Bike Trail. Item ~20: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Hans-Juergan Zawodniak, D.B.A. The Hideaway, 4360 Lincoln Avenue, Cypress. Recommendation: Receive and file Item ~20-A. Consideration of request for the Public Works Administrative Assistant to attend the Site Operator's Workshop on Electrical Vehicles in Las Vegas, Nevada, on November 9 and 10~ 1983. Recommendation: That the City Council approve the request for the Public Works Administrative Assistant to attend the Site Operator's Workshop on Electrical Vehicles in Las Vegas, Nevada, on November 9 and 10, 1983. CONSIDERATION OF NEWSLETTER ARTICLES. Mr. Barrett presented the staff report dated October 4, 1983, and distributed corrected copies of pages 3 and 8. Hearing no objections, Mayor Lacayo announced that the newsletter articles as amended are received and filed. CONSIDERATION OF ADDENDUM TO MAINTENANCE AND SERVICE CONTRACT FOE CITY'S HVAC EQUIPMENT. Mr. Barrett summarized the staff report dated September 30, 1983. Councilman Kanel moved that the City Council approve the addendum to the Maintenance Contract with Scott Refrigeration Service, Inc, as described in the report. The motion was seconded by Councilman Mullen and unanimously carried. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 1329 - 1540. It was moved by Mayor Lacayo and seconded by Councilman Mullen to approve the Warrant List for Warrants No. 1329 - 1540 in the total amount of $650,680.25. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL MEMBERS: Kanel, Mullen, Partin and Lacayo 0 COUNCIL MEMBERS: None 1 COUNCIL MEMBERS: Coronado - 6 - City Council Minutes 027 October 11, 1983 SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 640~ THE ZONING ORDINANCE OF THE CITY OF CYPRESS~ BY PLACING CERTAIN PARCELS OF LAND IN THE RM-Z0/A ZONEr KNOWN AS ZONE CHANGE NO. 83-2. It was moved by Councilman Mullen and seconded by Councilman Kanel to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY PLACING CERTAIN PARCELS OF LAND IN THE RM-Z0/A ZONE, KNOWN AS ZONE CHANGE NO. 83-2 The motian was seconded by Councilman Kanel and unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL MEMBERS: Kanel, Mullen, Partin and Lacayo 0 COUNCIL MEMBERS: None 1 COUNCIL MEMBERS: Coronado EXECUTIVE SESSION: Mayor Lacayo called an Executive Session on matters of personnel at 11:45 p.m. The meeting was reconvened at 12:20 a.m. CONSIDERATION OF AN EMPLOYEE ASSISTANCE PROGRAM. Councilman Partin moved that the City Council, and acting as the ex-officio Board of Directors of the Cypress Recreation and Park District authorize the staff to contract with O.C.E.A.N. to provide all permanent City and District employees with an Employee Assistance Program as described in the report. The motion was seconded by Councilman Mullen and unanimously carried. ADJOURNMENT: Mayor Lacayo adjourned the meeting at 12:23 a.m. OF CYPRESS ATTEST: ..... ........................ CITY CLERK OF THE CIT~ OF CYPRESS - 7 -