HomeMy WebLinkAboutMinutes 83-10-24O28
MINUTES OF THE REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
October 24, 1983
The regular meeting of the Cypress City Council was called to order at 7:35 p.m. on Monday,
October 24, 1983, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress,
California, Mayor Otto Lacayo presiding.
PRESENT: Council Members Coronado, Kanel, Mullen, Partin and Lacayo
ABSENT: None
Also present were Darrell Essex, City Manager/City Clerk; David Barrett, Assistant to the
City Manager; John Murphy, City Attorney; and the following staff members: DeCarlo,
Dunn, Hurst, Jones, Lowenberg, and Schatzeder.
PLEDGE OF ALLEGIANCE: Councilman Kanel offered a prayer in honor of the American
Marines who were killed in Beirut this week and then led the Pledge to the flag.
ORAL COMMUNICATIONS: There were no oral communications.
MINUTES: It was moved by Councilman Mullen and seconded by Councilman Kanel to
approve the Minutes of October 11, 1983. Councilman Coronado stated that he wished to
abstain from voting since he was absent from this meeting. The motion carried with one
abstention by Councilman Coronado.
STAFF REPORTS & DISCUSSION: Mr. Essex introduced the new Finance Director, Mr. Larry
Hurst, and he was welcomed by the Council.
Mr. Essex then requested that certification of the employment list for the position of
Assistant Planner, a resolution honoring Mr. Duane Winters for his service on the League of
California Cities Board of Directors, and a request from the League of Cities requesting
support for their resolution protecting the Orange County Coastline from oil exploration be
added to the Consent Calendar. Mayor Lacayo announced that these would be Items ~17-A ,
· 17-B and 417-C.
Mr. Essex then requested an Executive Session at the end of the meeting for matters of
personnel and litigation.
Mayor Lacayo asked for those individuals present on certain items to identify themselves
and, because of the large number of persons interested in Item 4~21, he announced that this
matter would be taken out of order and heard as Item 42.
PUBLIC HEARINGS:
CONSIDERATION OF PUBLIC HEARING RE: PUBLIC NUISANCE CONDITIONS LOCATED
AT 5450-5470 ORANGE AVENUE~ CYPRESS. The City Manager administered the Oath to all
those who would be testifying at this public hearing.
Mr. Jones then presented the staff report dated October 14, 1983, and stated that, while the
property has been upgraded, the staff is concerned because it seems to be maintained on an
irregular basis and not all the landscaping was completed. He further indicated that all
attempts to contact the property owner have failed.
The City Attorney advised the Council that, in the event that it does find that the property is
being maintained in such a manner as to constitute a public nuisance and direct its abatement
as outlined in the staff report, the Council should be aware that the City may not be able to
recover the full cost for upgrading.
Mayor Lacayo announced that testimony would now be taken from the public.
Ms. Penny Moore of American West Realty testified as agent for the owner, Mr. Danny
Brose, stating that the property has been improved and placed on the market for sale. She
further stated that Mr. Brose has informed her that he intends to maintain the property in
accordance with City standards.
City Council Minutes
October 24,
029
1983
After discuission by the Council, Councilman Mullen moved to continue the public hearing to
January Z3, 1984, to ascertain that the property is being maintained in accordance with the
requirements of the City. The motion was seconded by Councilman Coronado and
unanimously carried.
CONTINUATION OF CONSIDERATION OF CYPRESS HIGH SCHOOL LIGHTS: Mr. DeCarlo
presented the staff report dated October 18, 1983.
Mr. Rodger Richardson, Vice President of RJM Associates, Lighting Consultants, made a
slide presentation showing the placement of the proposed lighting fixtures on the athletic
field and photometric charts showing the footcandle levels and the lighting impact on the
surrounding area. He stated that two meters would be installed, one for AYSO and one for
the school district so that each group could use the field on its own meter. The lights could
then be turned on manually and time-switched off so that there would not be occurrences of
the lights being on beyond the predetermined time established by the City. He presented
three alternate proposals for poles and fixtures and stated that his firm would recommend
Alternative No. 3, which is based on five to six footcandles and has poles on one side of the
field only. The fixtures would be facing the field, their backs to the housing area to the west
of the field. There are three fixtures per pole and the poles are 50 feet high. The estimated
construction cost would be $41,000. He suggested that light shields be used surrounding the
top of the fixture and the sides to catch the "spill" lighting that reflects from the fixture and
direct it back onto the playing surface.
Councilman Coronado stated his concern that the staff had decided upon a negative
declaration rather than the environmental impact report requested by the citizens at the last
meeting. The City Attorney stated that it is ultimately the Council's decision as to whether
or not an environmental impact report is necessary.
Mayor Lacayo then stated that this matter would be opened for comment from the public.
Mr. Loren J. Mickle, 9934 Newport Way, stated concern about the height of the poles, and
the intensity of the lights, and indicated that he was not satisfied with the explanations by
the consultant.
Mr. Art Ramescroft, 5814 Playa Way, stated that he is not in favor of the project, but if it is
approved, he would request the use of shields and that the poles be 50 to 00 feet in height.
Ms. Kathryn Holt, 5793 Laguna Way, read a personal statement of opposition to this project.
She stated that she had requested the environmental impact report and indicated that she
does not feel that the City is considering the negative impact on the quality of life of the
many senior citizens living in this area.
Mr. Matthew Madnick, 5831 Wellsom Drive, stated that he is concerned about the method of
payment of the $25,000 by AYSO and whether any interest will be charged if City funds are
used for the original cost and later repayed by the organization.
Mr. Joe Hardcastle, 4588 Blanca Drive, stated that he does not feel the City should fund this
project.
Mr. Jerry Pulmett, 96(~8 Balboa Way, President of Monterey Cypress Homeowners'
Association, stated that his major concern is in regard to the vandalism by nonparticipants,
and requested that the City consider installing a higher barrier at the fence line.
Mr. David Martin, K-League Coach, stated that there is no excessive noise during a soccer
practice sessions and the children are well supervised by parents.
Mr. Bruno Metzger, soccer coach, stated that it is the parents' responsibility to stop
vandalism.
Ms. Jackie Gardener, 5806 Wellsom Drive, spoke in opposition due to the noise and lights.
RECESS: Mayor Lacayo called for a recess at 10:10 p.m. The meeting was reconvened at
10:ZZ p.m. with all Council Members present.
Ms. Ellen Willett, 9851 Newport Way, stated she is opposed because of the lights and the
excessive noise on Sundays, when the soccer games are held.
Ms. Billie Rennett, 6ZOz Lime, working mother, spoke in support of Sunday games.
- 2 -
03O
City Council Minutes
October Zi, 1983
Doug Bogren, 5985 Suva, AYSO Coach, spoke in support of the project.
There being no further persons in the audience who wished to be heard, Mayor Lacayo then
asked for comments from the Council Members.
Councilman Coronado expressed his concern regarding the following matters: (1) the City
funding the initial project and whether interest would be collected from AYSO during the
period of repayment; (Z) ownership of the fixtures deriving to the school district after 20
years or possibly upon sooner termination; (3) noise generated by users; (4) lack of focused
environmental impact report; (5) the problems of vandalism and property damage; (6) seven
day use of the field.
Councilmen Mullen, Partin, Kanel and Mayor Lacayo all stated that they were in favor of this
project, with mitigating factors introduced and safeguards written into the agreements which
will eliminate or alleviate potential threats to the enjoyment of life by the surrounding
residents.
Councilman Mullen moved and Councilman Kanel seconded that the City Council, acting as
the ex-officio governing Board of Directors for the Cypress Recreation and Park District: (1)
approve a proposal for lighted facilities at Cypress High School Field #Z as presented by R. J.
M. Associates as Alternative No. 3, with the inclusion of light shields on the south side of the
field, and with consideration of the inclusion of a landscape buffer along the edges of the
field adjoining the Monterey-Cypress Condominiums and the single-family residences; and
approve allocation from the General Fund to include final design (Phase II) and construction
costs for the project; (Z) award Phase II of the contract, final design and installation, to
R.J.M. Associates, subject to approval of the project by the Cypress High School/Anaheim
Union High School District; and (3) approve, in concept, contract agreement conditions to
the Anaheim Union High School District/Cypress High School, including specific provisions
limiting the use of the field when it is lighted to athletic practice activities and prohibiting
the use of the field under the lights by the school band or other significant generators of
noise; also, approve Joint Venture Agreement payback and facility use with the Cypress
AYSO ~154 organization. It was further moved that consideration be given to negotiating
provisions with respect to the ownership of the facilities at the expiration or termination of
the agreement, if sooner; that the sum of $800 for a soils test and a ten percent (10%)
contingency be included; and that the staff be directed to make a report to the Council on
the noise levels, traffic, and number of participants in practice sessions, prior to approval of
the final conditions of the subject contracts.
After discussion, it was decided that no provision would need to be included regarding
payment of interest on money advanced by the City since the project is for the benefit of the
residents and constituents of Cypress and since the City Attorney indicated that a letter of
credit would be supplied by AYSO as a provision of the agreement.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
RECESS: Mayor Lacayo called for a recess at 11:27 p.m. The meeting was reconvened at
11:30 p.m. with ail members present.
CONSIDERATION OF PUBLIC HEARING RE: ZONE CHANGE NO. 83-3~ CHANGING THE
BP-Z0,000 BUSINESS PARK ZONE TO THE PC PLANNED COMMUNITY
COMMERCIAL/LIGHT INDUSTRIAL ZONE NO. Z (CYPRESS CORPORATE CENTERt
S/KATELLA~ E/VALLEY VIEW). Councilman Coronado requested that Items ~Z and ~3 be
continued.
Lieutenant Colonel Brand, Los Alamitos Air Station, indicated that he would like to obtain a
copy of the staff report on this item and would be cooperating with the staff on this matter
since it might affect or be affected by the military installation.
Mayor Lacayo announced that this item would be continued until November 28, 1983.
CONSIDERATION OF PUBLIC HEAiqJ[NG RE: ZONE CHANGE NO. 83-4~ CHANGING THE
BP-Z0~000 ZONE TO 'i'I-IE PC PLANNED COMMUNITY COMMERCIAL/LIGHT INDUSTRIAL
ZONE NO. 3 (MC DONNELL CENTER CYPRESS~ N/KATELLA BETWEEN VAIJ.~y VIEW
AND WALKER). Mayor Lacayo announced that this item would be continued until November
28, 1983.
- 3 -
City Council Minutes
October 24, 1983
CONSEDERATION OF PUBLIC HEARING RE: ADOPTING AN ORDINANCE AMENDING
ORDINANCE NO. 71Z, PROHIBITING THE INSTALLATION OF CERTAIN ANTENNAE
PENDING THE STUDY THEREOF, BY EXTENDING THE TERM FOR A PERIOD OF ONE
HUNDRED TWENTY (1Z0) DAYS. Mr. Jones summarized the staff report dated October 17,
1983.
Since no one from the audience wished to testify, it was moved by Councilman Partin and
seconded by Councilman Kanel to close the public hearing and approve the first reading of
the Ordinance by title only, title as follows, amending Ordinance No. 71Z.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 71Z, PROHIBITING THE INSTALLATION
OF CERTAIN ANTENNAE PENDING THE STUDY THEREOF, BY EXTENDING
THE TERM FOR A PERIOD OF ONE HUNDRED TWENTY (1Z0) DAYS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) ASPHALT ROLLER, REQUEST
FOR QUOTATION #8384-10. Mr. Essex reviewed the staff report dated October 11, 1983.
Councilman Mullen moved that the City Council accept the bid from Essick Machinery
Company as the lowest responsible bidder and award the contract to this company for the
purchase of (1) asphalt roller in the amount of $9,010. The motion was seconded by Mayor
Lacayo and unanimously carried.
CONSIDERATION OF AWARD OF CONTRACT FOR THE OVERHAUL OF EXISTING
RECORDING EQUIPMENT AND THE PURCHASE OF 24-HOUR TAPES. The City Manager
presented the staff report dated October 13, 1983.
Councilman Coronado moved that the City Council dispense with formal competitive bidding
pursuant to City Code Section Z1A-SF and award the contract for the repair of existing
recording equipment and the purchase of 100 Z4-hour tapes to Pacific Arepco, Inc., P.O. Box
1083, E1 Toro, California 92630, in the amount of $6,615.96. The motion was seconded by
Councilman Mullen and unanimously carried.
CONSIDERATION OF AWARD OF CONTRACT FOR COMMUNICATIONS EQUIPMENT. Mr.
Essex summarized the staff report dated October 14, 1983.
Councilman Mullen moved that the City Council: 1) dispense with formal competitive bidding
for the reasons outlined in the report pursuant to City Code Section 21A-8F; and Z) award the
contract for the purchase of the communications equipment listed above to Motorola
Communications and Electronics, Inc., in the amount of $4,533.62. The motion was seconded
by Councilman Kanel and unanimously carried.
CONSIDERATION OF AWARD OF CONTRACT FOR INSTALLATION AND CONNECTION
OF LIGHTING POLES~ REQUEST FOR QUOTATION #8384-15. The City Manager presented
the staff report dated October 17, 1983.
Councilman Mullen moved that the City Council, acting as the ex-officio governing Board of
Directors for the Cypress Recreation and Park District, accept the bid from Calico Electric
as the lowest responsible bidder and award the contract for the installation and connection of
lighting poles to this company in the amount of $2,790. The motion was seconded by Mayor
Lacayo and 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.
- 4 -
032
City Council Minutes
October 24, 1983
Councilman Mullen moved to approve Items ~9 through lq7-C on the Consent Calendar. The
motion was seconded by Mayor Lacayo and unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
Councilman Coronado stated that he wished the record to indicate his abstention from voting
on Item ~15 only.
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 October 24 - 28, 1983, as "Safe Schools Week."
Recommendation: That the Mayor and City Council officially proclaim October 24 - 28,
1983, as "Safe Schools Week."
Item ~11: Consideration of Claim for Indemnity for any Liability Resulting from Revocation
of Conditional Use Permit No. 81-19 {Nikki's Family Amusement Arcade, 4917 Lincoln
Avenue, Cypress).
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 4~12: Consideration of Claim for Damages Filed by Christian M. Dillon, Attorney, on
Behalf of Erin C. Sage and Wallace Sage.
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 #13: Consideration of Proclaiming November 1983 as "Alzheimer's Disease Month."
Recommendation: That the Mayor and City Council officially proclaim November 1983 as
"Alzheimer's Disease Month" in the City of Cypress, as requested.
Item ~14: Consideration of Acceptance of the Removal of Street Trees and Repair of Curb,
Gutter, and Sidewalk for Various Streets in Districts Z1, 23~ 25~ Z6~ 27, 28 and 35, City of
Cypress Project No. 8300-90.
Recommendation: That the City Council 1) Appropriate $1,683 from the General Fund to
Account 4186-11-467-27, and 2) Accept the removal of trees and repair of curb, gutter, and
sidewalk, City of Cypress Project No. 8300-90, as being satisfactorily completed in
accordance with the Plans and Specifications, and authorize the City Clerk to release the
Labor and Material Bond upon expiration of the required lien period, providing no liens have
been filed, and to release the Faithful Performance Bond upon expiration of one year's
guarantee, providing no defects in material and workmanship become evident.
Item #15: Continuation of Consideration of Acceptance of the Community Development
Project, Eighth Year Program, Bishop Street from Watson Street to Walker Street; Alley
between Nelson and Newman Streets; Alley between Walker and Graham Streets; Watson
Street between Lincoln Avenue and S.P.R.R., City of Cypress Project No. 7938-10.
Recommendation: That the City Council accept the street improvements on Bishop Street
from Watson Street to Walker Street; Alley between Nelson and Newman Streets, Alley
between Walker and Graham Streets; Watson Street between Lincoln Avenue and S.P.R.R.,
Cypress Project t~7938-10, as being satisfactorily completed in accordance with the Plans and
Specifications, and authorize the City Clerk to release the Labor and Matarial Bond upon
expiration of the required lien period, providing no liens have been filed, and to release the
Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in
material and workmanship become evident.
Item #16: Consideration of Citizen Participation Plan and Timetable of Events for Tenth
Year Housing and Community Development Block Grant Program.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
approving Year 10 Citizen Participation Plan and Timetable of Events for the Tenth Year
Housing and Community Development Block Grant Program.
- 5 -
City Council Minutes
033
October 24, 1983
RESOLUTION NO. 2704
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE 10TH YEAR CITIZEN PARTICIPATION PLAN AND
TIMETABLE OF EVENTS FOR THE HOUSING AND COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
Recreation & Park District Matters:
Item #17: Consideration of Claim Filed by Terry Kirkley.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of Cypress Recreation and Park District, officially reject the subject claim and
refer it to Dunkin Construction Company's insurance carrier for appropriate disposition.
Item #17-A: Certification of employment list for the position of Assistant Planner.
Recommendation: That the City Council certify the employment list for the position of
Assistant Planner as submitted above.
Item ~17-B: Consideration of Adoption of Resolution honoring Mr. Duane Winters for his 15
years of service on the League of California Cities Board of Directors.
Recommendation: That the City Council adopt the Resolution by title only, title as follows:
RESOLUTION NO. 2705
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
HONORING MR. DUANE WINTERS FOR HIS 15 YEARS OF SERVICE
ON THE LEAGUE OF CALIFORNIA CITIES BOARD OF DIRECTORS.
Item ~17-C: Request from League of California Cities for support of their resolution which
would protect the Orange County coastline from oil exploration until Congress enacts
adequate safeguards.
Recommendation: That the voting delegate of the Council be authorized to vote in support
of the League of California Cities coastline protection resolution.
CONSIDERATION OF CATV PROPOSAL EVALUATION SCHEDULE REVISION. Mr. Essex
presented the staff report dated October 18, 1983.
Mr. Barrett stated that the due date of November 11 indicated for the clarification responses
by applicants would be changed to November 14 because of the Veterans' Day holiday.
Councilman Mullen moved that the City Council approve the revised CATV proposal
evalu, ation/franchise award schedule. The motion was seconded by Mayor Laca¥o and
unamm ously carried.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
NOS. 1541 - 1721. It was moved by Mayor Lacayo and seconded by Councilman Mullen to
approve the Commercial Warrant List for Warrants Nos. 1541 - 1721 in the total amount of
$397,606.53. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIl. MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
SECOND READING OF 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. It was moved by Councilman Mullen and seconded by
Mayor Lacayo to order the following Ordinance read by title only, title as follows, and to
adopt the Ordinance:
6
034
City Council Minutes
October Z4, 1983
ORDINANCE NO. 715
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
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
EXECUTIVE SESSION: The Mayor called an Executive Session at 1Z:00 a.m. for matters of
personnel and litigation. The meeting was reconvened at 12:56.
ADJOURN~MENT~: It was moved by Councilman ,.M, ullent seconded by Mayor Lacayo, and
unanimously carried to adjourn the meeting at 1Z.5' a.r~ to November 14, 1983.
ATTEST:
CITY CLERK OF HE OF CYPRESS