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Minutes 87-06-23 445 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 23. 1987 Mayor Kanel called the adjourned regular meeting of the Cypress City Council to order at 7:05 p.m. on Tuesday. June 23, 1987, in the Cypress City Council Chambers, 5275 Orange Avenue. Cypress, California. PRESENT: 4 COUNCILMEMBERS: Arnold, Coronado, Davis & Kanel ABSENT: 1 COUNCILMEMBER: Mullen Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Barrett, Beardsley, DeCarlo, Hamlin, Hurst, Leonard and Wicker. PLEDGE OF ALLEGIANCE: Councilwoman Arnold led the pledge. CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM THE CYPRESS HIGH SCHOOL BUSINESS DEPARTMENT REQUESTING FINANCIAL ASSISTANCE TO PURCHASE A DESKTOP PUBLISHING SYSTEM. Mayor Kanel asked the status of this request and the City Manager responded that this item was a part of the budget discussion which was not addressed. Councilwoman Arnold requested that when this item is discussed, the Council be provided a list of all recepients of City contributions this fiscal year. Hearing no objection. the Mayor continued this item to the next Council meeting. CONSIDERATION OF AWARD OF A TWO-YEAR SERVICE ORDER CONTRACT FOR ELECTRICAL MAINTENANCE AND MINOR ELECTRIC ALTERATIONS. The Public Works Director presented a report dated June 9, 1987, advising that during the year, the Public Works Department requires a certain amount of electrical repairs or alterations which require the services of an electrician but since the amount of the work does not warrant the employment of a full-time electrician. a service order contract system has been utilized since 1982. He further advised that Requests for Quotation were mailed to 12 companies and six bids were received. with the proposal from Calico Electric being the lowest responsible bid received. It was moved by Councilman Davis and seconded by Councilwoman Arnold to accept staff's recommendation and award a two (2) year contract to Calico Electric, 1362 E. Edinger, NC. Santa Ana, CA 92705, to provide electrical services as needed at the rates quoted in Quotation No. 8687-047. The annual contract amount shall not exceed $9,800. The motion unanimously carried by the following role call vote: AYES: 4 COUNCILMEMBERS: Arnold, Coronado, Davis & Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBER: Mullen COUNCILMAN MULLEN ARRIVED AT 7:13 P.M. CONSIDERATION OF AWARD OF CONTRACT TO CONSTRUCT MULTI-USE COURT AT CEDAR GLEN PARK, CITY OF CYPRESS PROJECT NO. 8722-90. Mr. Beardsley presented a report dated June 15, 1987 wherein three bids were received and the apparent low bid is from A.J. Labourdette & Son in the amount of $5,422.60 and is within the Engineer's estimate. The work consists of furnishing labor, materials, services and equipment to build a multi-use court at Cedar Glen Park for team sports such as basketball and volleyball. In response to a question by Councilman Davis, the Park and Recreation Director stated that metal nets are very expensive and noisy. It was moved by Councilman Coronado and seconded by Councilman Davis that the City Council, acting as the ex officio governing board of Directors for the Cypress Recreation and Park District, determine that the lowest responsible bidder for Project No. 8722-90 is A.J. Labourdette & Son, and award a contract for the multi-use court at Cedar Glen Park to A.J. Labourdette & Son, 11412 Cherry Street, Los Alamitos. California 90720, in the amount of $5,422.60. The motion unanimously carried by the following roll r.all vote. 1 ~ !Cit44tGncil Minutes June 23, 1987 AYES: 5 COUNCILMEMBERS: Arnold. Coronado, Davis. Mullen & Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF RENEWAL OF CONTRACT FOR DATA PROCESSING SERVICES. The Finance Director summarized a report dated June 15. 1987, stating there has been a contract with A.H. Consultants since 1983 and they perform all of the programming on the prime computer, do some training and are familiar with all the equipment. The hourly rate will remain the same, but there is an increase of guaranteed hours of service per month. The City will transfer ownership rights of the Community Development software to the contractor so they are free to market the system as a proprietary product. The City cannot be held legally responsible for the proprietary software that is installed at another site. thereby relieving the City of any liability. Responding to questions from Council, Mr. Hurst stated the system is very sophisticated and is keyed into all the City parcels so all necessary information on each property is in the computer and it is possible to generate a report on any particular segment of the community. It was moved by Councilman Davis and seconded by Councilwoman Arnold to approve the renewal of the data processing service contract with A.H. Consultants. Inc., 12631 East Imperial Highway, Santa Fe Springs, CA 90670 for the fiscal year 1987/1988 in the amount of $3,750 per month for the first one hundred hours. additional hours to be billed at $40.00 per hour, and authorize the City to transfer ownership rights to the Community Development System to A.H. Consultants, Inc. in exchange for the building permit system as outlined in the above report. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR ENGINEERING SERVICES FOR COUNCIL CHAMBERS VIDEO PRODUCTION FACILITY. Mr. David Barrett summarized the staff reported dated June 16, 1987 stating that Council approved the Cable Advisory Committee's recommendation for cable casting and authorized the issuance of a request for proposal for video engineering services to design and oversee the construction of the video production facility in the Council Chambers. Four proposals were received and it was determined that Communicable Consultants has the most extensive background involving work with projects similar to this one. After further discussion, it was moved by Councilman Mullen and seconded by Councilman Davis to accept the proposal of Communicable Consultants, P.O. Box 3855, Mission Viejo, CA 92690, and 1) award a contract in the amount of $3,217.50 for Phase 1 and $2,475.00 for Phase 2 of the Council Chambers Video Production Facility design and construction oversight project; and 2) appropriate $6,000.00 from the unreserved General Fund balance to Account 1#4189.11-488-24. Councilman Coronado, in order to remain consistent with a previously stated position during discussion of the budget on June 22, stated he was opposed to the project. AYES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel NOES: 1 COUNCILMEMBERS: Coronado ABSENT: 0 COUNCIL.MEMBERS: None CONTINUATION OF CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS OF WALKER STREET FROM LINCOLN AVENUE TO 400 FEET NORTH OF LINCOLN AVENUE - CITY OF CYPRESS PROJECT NO. 8133-10-1158. The Mayor announced that this item was continued from the June 22, 1987 meeting at the request of Councilman Davis. Councilman Davis stated that he he had received clarification regarding this item from the Finance Director and was now prepared to act on the item. It was moved by Councilman Davis and seconded by Councilman Mullen to 1) authorize final payment to Southern Pacific Transportation Company in the amount of $33,345.91; 2) adopt the Resolution by title only, title as follows, requesting that the County of Orange increase its allocation to $89,921.02; and 3) accept the Walker Street project, City of Cypress Project No. 8133-10- 2 City Council Minutes June 23. 1987 14', 1158. as being satisfactorily completed in accordance with the plans and specifications. RESOLUTION NO. 3258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATION FROM THE ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF WALKER STREET FROM LINCOLN AVENUE TO 400' NORTHERLY. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold. Coronado. Davis. Mullen & Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF UPDATE ON STATUS OF SIGN VIOLATIONS AT 5491 BALL ROAD. Ms. Holly Hamlin summarized the staff reported dated June 17, 1987 stating letters have been sent to the business owners of the shopping center at 5491 Ball Road requesting them to remove illegal signs. Councilwoman Arnold stated the concern was the lack of taste shown in signage and the staff being embarassed in their attempts to enforce the ordinance and not being able to do so. After further discussion, it was determined that there is a definite need to come to an agreement on what is acceptable and what is not and then start enforcing that agreement in a professional way. Councilman Mullen stated that from the merchants standpoint, the signs are very important; however, he expressed support for reasonable control of signs, but with some degree of permissiveness. Councilman Davis suggested isolating all the various infractions that are detected so a determination can be made to deal with the problems; the separation of window. sidewalk, sandwich board signs; banners on fronts and backs of buildings and begin with the area that is the most offensive and then approach each of the areas separately. Mayor Kanel supported directing the Planning Department to incorporate Councilman Davis suggestions in a report, and to contact the Chamber for input. The City Attorney stated that it would be very costly to patrol the entire city and enforce the existing ordinance and stated he would work with the Planning Department, pursuing Councilman Davis' suggestions and consider a new ordinance which clarifies the three areas suggested and provide some direction. This matter was referred back to staff to prepare a report outlining Councilman Davis suggestions. CONTINUATION OF CONSIDERATION OF PUBLIC WORKS CONTRACT ADMINISTRATION CHANGE ORDER POLICY. The Public Works Director summarized the staff report dated June 12. 1987 continuing this item from June 8 to allow further study by Councilmembers and staff has prepared a recommended formal policy to administer contract change orders on public works capital projects. The elements are that a project would be classified into one of three magnitudes based on contractual dollar amount and each level would be subject to increasing checks and balances with maximum limits. After further discussion, Councilman Davis suggested: 1) the Director of Public Works be accountable in all three contract categories rather than a designee; 2) in minor contracts, the percentage dropped from 15% to 10% consistent with the percentage under major contracts; 3) that the City Manager and/or the Assistant City Manager be notified of and concurrence indicated for all three categories and City Council be apprised of the change orders, perhaps on a monthly basis. In response to a question, Mr. Beardsley stated there is documentation on all change orders for construction contracts. 3 - , ~ 448 City Council Minutes June 23, 1987 After hearing further comments, Mr. Essex suggested the policy be referred back to. staff. reworded and brought before Council with suggestions incorporated. Councilman Coronado requested assurance that the policy not imply a guaranteed 10% increase on all contracts. Mayor Kanel stated there is a concensus from Council to incorporate Council's suggestions into the Public Works Contract Change Order Administration Policy. Hearing no objection. the Mayor referred the matter back to staff for rewording and to be brought back to Council at the next meeting. CONSIDERATION OF REVIEW OF CONDITIONAL USE PERMIT NO. 86-17, VEHICLE STORAGE YARD FOR CYPRESS AUTO BODY AND PAINT CUSTOMERS' VEHICLES, 8862-8882 WALKER STREET. Mayor Kanel referenced the staff report dated June 15, 1987 which stated that Condition 11 of C.U.P. 86-17, allowing an automotive storage yard to be used for Cypress Auto Body and Paint customers~ vehicles, terminates the C.U.P. after one year unless Council approves an extension. The applicant wishes to continue to store his customers vehicles on the vacant lot at 8862- 8882 Walker Street in the CG-I0,OOO Commercial General Zone. In response to Councilwoman's Arnold's question, staff stated there have been no complaints received from neighbors. After further discussion, it was moved by Councilman Mullen and seconded by Councilman Davis to accept staff's recommendation to renew Conditional Use Permit No. 86-17 subject to the conditions in Exhibit "A" attached. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF COMMUNICATION FROM FORMER COUNCILMAN OTTO LACAYO REGARDING REFUND OF COUNCIL SALARY. Mr. Felix Lopez. 5661 Orange Avenue, Cypress, stated he had approached Council previously on the illegality of Mr. Lacayo being a member of the North Orange County College Board and the Mayor of Cypress simultaneously and was paid a salary by both offices. The City Attorney stated he has looked at this matter from 1) how much will it cost to collect the monies, and 2) will it be collected. The question is that of an incompatibility of office, on which there is no statute, no law and no court case and Mr. Lacayo no longer holds the office of Mayor. Therefore, the only issue is the collection of the salary paid him during the time he held both offices and no one has said he didn't do the job. In response to questions, Councilmembers Coronado, Kanel and Mullen volunteered information as to when they first became aware of the Lacayo situation. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, remarked that possibly the City Attorney at that time should have expressed his views to the entire Council. Mr. Roger Geyer, 4433 Via Majorca, Cypress, expressed dissatisfaction with the previous City Attorney because he neglected to inform the Councilor the citizens of Cypress what was transpiring. EXECUTIVE SESSION: Mayor Kanel called an Executive Session at 9:20 p.m. to discuss the following litigation matters referencing Consideration of Communication from Former Councilman Otto Lacayo regarding Refund of Council Salary, Consideration of Alleged Violations at the Machado Community Care Facility and Consideration of Authority for Possible Claim Settlement. THE MEETING WAS CALLED BACK TO ORDER AT 10:00 P.M. WITH ALL COUNCIL MEMBERS AND STAFF MEMBERS PRESENT AS BEFORE. Continuing the discussion on the Consideration of Communication from Former Councilman Otto Lacayo regarding Refund of Council Salary, it was the City Attorney's recommendation that the Council not take any action regarding the Lacayo matter. 4 4-19 City Council Minutes June 23, 1987 It was moved by Councilman Mullen and seconded by Councilman Davis to follow the City Attorney's recommendation that it would not be in the best interests of the City of Cypress to pursue the Lacayo matter. For the record. Mr. Coronado stated he would abstain. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Davis, Mullen & Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBER: Coronado CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 20965 - 21229. It was moved by Councilman Mullen and seconded by Councilman Davis to approve the commercial warrant list for warrants no. 20965 - 21229 in the amount of $540,671.43. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF ALLEGED VIOLATIONS AT THE MACHADO COMMUNITY CARE FACILITY. Mayor Kanel stated that this item was discussed during the Executive Session and the City Attorney then stated Council was briefed on all aspects of this matter and the litigation in terms of the use permit and no action is recommended by the City at this time. CONTINUATION OF CONSIDERATION OF DISCUSSION ON WRITTEN BID PROCEDURES. This item was continued from the May 26 and June 8 Council meetings and by using the current system, Council would continue to award or reject an item on the particular circumstances in each situation. Also discussed on May 26, was the suggestion of sending bids by certified mail. Hearing no objections, Mayor Kanel continued this item to the next Council meeting. CONTINUATION OF CONSIDERATION OF EXPIRATION OF TERMS OF RECREATION AND COMMUNITY SERVICE COMMISSIONERS. Mayor Kanel stated the terms of Messrs. Castro and Stange as Recreation & Community Services Commissioners will expire on June 30, 1987. It was moved by Councilman Mullen and seconded by Councilman Coronado and hearing no objections, Mayor Kanel continued this item to the next meeting. CONSIDERATION OF PARTICIPATION PLAN FOR LINCOLN AVENUE CORRIDOR STUDY. The Mayor referenced the Administrative Coordinating Team report dated June 15, which summarized a recommended "participation plan" for the Lincoln Avenue Corridor Study. All property owners and tenants with the Lincoln Avenue Corridor will be invited to attend the public "Town Hall" meetings. The first meeting is to review the existing Lincoln Avenue Study and will be held Thursday, July 9. The second meeting will be to update the Lincoln Avenue Study and will be held Monday, August 17 and the third meeting will be to identify implementation methods for the revised Lincoln Avenue study and will be held Monday, September 21. It was moved by Councilman Mullen and seconded by Councilman Davis and hearing no objections, Mayor Kanel approved the adoption of the Participation Plan for the Lincoln Avenue Corridor Study as outlined in the report dated June 15, 1987. CONSIDERATION OF APPOINTMENT OF ASSISTANT CITY ATTORNEYS. In response to a question posed by Mayor Kanel, the City Attorney stated he had designated two assistant City Attorneys. It was moved by Councilman Mullen and seconded by Councilman Coronado to appoint Mr. Thomas W. Allen and Mr. Peter M. Thorson as Assistant City Attorneys as recommended by Jerry Patterson. The motion unanimously carried by the following roll call vote: ~ AYES: 5 COUNCILMEMBERS: Arnold, Coronado, Davis, Mullen & Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 5 l ctv Qounc i 1 Mi nutes June 23, 1987 RECESS: Mayor Kanel recessed the meeting at 10:15 p.m. in order for the Council'to convene as the Cypress Redevelopment Agency. The meeting was called back to order at 10:18 p.m. COUNCILMAN MULLEN LEFT THE MEETING AT 10:18 P.M. Mr. Essex suggested a brief discussion on the order of the Agenda as it refers to Oral Communications. The City Attorney stated that those matters on the Agenda should take precedence over matters not on the Agenda and suggested allowing Oral Communications at a later time. If anyone had an oral communication, they could: 1) put on the Agenda for next Council meeting, or 2) wait until after the entire Agenda had been considered. Mayor Kanel requested the City Attorney provide Council with a memo on the Agenda and Oral Communications discussion. ADJOURNMENT: Mayor Kanel adjourned the meeting at 10:22 p.m. to Monday, July 13, 1987. MAYO ATTEST: / " ~! I J?, ,;<,',/ 'l . / 'L>t:1'y'{il/ .-{ ~.--t. / CIty "CLERK ". F lrFI c IT~-6F CYPRESS / 6