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Minutes 80-09-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 22, 1980 The regular meeting of the Cypress City Council was called to order at 6:35 p.m. on Monday, September 22, 1980 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Vickie Evans presiding. PRESENT: ABSENT: Councilmembers Coronado, Lacayo, Mullen, Rowan & Evans None Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following City staff members: Barrett, Davenport, DeCarlo, Duke, Lamm, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: The City Attorney led the pledge to the flag. ORAL COMFOJNICATIONS: Mayor Evans asked if anyone wished to speak in regard to any matter which was not on the agenda. Mr. Truman Philips, 9868 Via Sonoma, Cypress, requested that the Nature Park on Ball Road be maintained as a park facility where children can learn about nature. He expressed concern that the maintenance work being undertaken in the Park may harm the natural environment. The Council advised that Nature Park will be main- tained as a nature park facility although the primary purpose of the retarding basin is a flood control facility. Staff indicated that the maintenance work is done regularly at this time of the year. PRESENTATIONS: Mr. Randolph Berry, Assistant Manager of the Cerritos office of the Automobile Club of Southern California, presented a pedestrian safety citation plaque to Mayor Evans and stated this is the fourth year during the past 11 years that Cypress has won the award for having no pedestrian fatalities. Mr. Walt Donovan, District Manager of the Southern California Edison Company, presented Mayor Evans with an Energy Management Award plaque for the City's outstanding achievement in energy conservation. Mr. Donovan introduced Mr. Tony Aguilar, the conservation consultant for Edison. Mr. Donovan reported that the City's conservation measures saved the City 450,000 kilowatt hours, or about $25,000, annually. Hearing no objections, Mayor Evans took Item #24 out of order for the benefit of persons in the audience. PUBLIC HEARING RE: REESTABLISHMENT OF CITIZENS ADVISORY COMMISSIONS: The City Manager presented a report dated September 18 indicating the Council scheduled the public hearing in order to receive community input regarding the need for citizen advisory commissions. Mayor Evans opened the public hearing and asked if anyone wished to speak in favor of reestablishing the citizen advisory commissions. The following persons spoke in support of reestablishing the commissions: Mrs. Grace Lachina, 5821 Wellson Drive, Cypress Mr. George Hallak, 5452 Marion, Cypress Mr. Creg Diaz, 6121 Barbados, Cypress Ms. Sara Wilson, 7340 Pierce Street, Buena Park Mr. Harold Wood, 4079 Larwin Avenue, Cypress Mrs. Geraldine Smith, 5805 Wellson Drive, Cypress Ms. Elsie Carruthers, 10480 Gregory Circle, Cypress Ms. Sue Zerela, 10450 Jeanine Lane, Cypress Mr. Scott Adler, 9760 Graham, Cypress September 22, 1980 City Council Minutes Mr. Hilliard Warren, 5275 Vista Real, Cypress Mrs. Lucille Levy, 5348 Hanover Drive, Cypress Mr. Sam Freselkowitz, 11348 Madera, Cypress Mr. Francis Boykin, 5917 Noumea, Cypress Mrs. Jeanne Hawkins, 4544 Shasta, Cypress Mayor Evans asked if anyone wished to speak in opposition to reestablishment of the commissions. The following persons spoke in opposition: Mr. Don Hudson, 6153 Lawrence Street, Cypress Mr. Earl Beck, 6127 James Alan, Cypress Mrs. Vivian Van Allen, 4641 Newman Avenue, Cypress Mr. A1 Dilley, 5132 Canterbury, Cypress Mr. George Morita, 9852 Sunny Circle, Cypress Mayor Evans asked if any of the proponents wished to speak in rebuttal. Mrs. Geraldine Smith stated she felt many citizens would be willing to serve on the commissions on a volunteer basis and at no cost to the City. Mr. Francis Boykin felt that members of a commission could contribute their individual exper- tise as professionals in various fields, and that their non-political involvement would be beneficial in their decision-making. Mr. Hilliard Warren stated that Commissioners file a statement of economic interests and that he did not encounter problems in this area while he was a Commissioner. The Council held discussion on the matter of reestablishing the commissions. Councilman Mullen stated he favored reestablishment of the traffic and youth commissions and establishment of a senior citizens commission. He recommended that the Council hold a study session meeting to discuss reestablishment of the other commissions. Councilman Lacayo stated he supported a youth, traffic and senior citizen commission and discussing at a later meeting the issue of a Planning Commission. Councilman Coronado stated he did not support reestablish- ment of the Planning Commission and that he felt the City Council should continue to perform the planning functions. He stated he supported a senior citizens commission and he recommended the establishment of an advisory committee on cable television. Councilman Rowan stated he did not see a demonstrated need to reinstitute the commissions. He stated he would consider selected areas, such as the need for a Senior Citizens Commission. Mayor Evans stated she supported reinstating citizen involvement on the planning, youth, senior citizen, traffic and cable television commissions as long as the integrity of the commissions is maintained and the commissions have real responsibilities and authority. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the public hearing and direct the staff to take the necessary steps to establish a traffic, youth and senior citizens commission and to schedule a work session to discuss the matters of a planning commission and cable television committee. Councilmembers Mullen and Lacayo then amended the motion to include that the Council will consider the organizational structure and details of all the com- missions at the work session. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 1 COUNCILb~EMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen & Evans Rowan None RECESS: Mayor Evans called a recess at 8:30 p.m. The meeting was called back to order at 8:45 p.m. with all Councilmembers present. Mayor Evans announced that Item #3 on the agenda, a Presentation on SCAG by Mr. Donald Hudson, would be continued. Councilman Coronado reported that he attended a neighborhood meeting on Septem- ber 19 at Patton School which was attended by over 70 homeowners in the area as well as by a Police sergeant and Park Ranger from the staff. The homeowners reported on numerous problems with juveniles which included threatening behavior and spe~,ding. It was suggested that the homeowners organize a Neighborhood Watch program. Councilman Coronado recommended that the City Council schedule a meeting with the homeowners to discuss the problems. -2- City Council Minutes September 22, 1980 Mr. Walt Zwonitzer, 6890 Tahiti, Cypress, reported that the neighborhood problems center around Peppertree Park. He stated that many homeowners in that area feel neglected by the City and request assurances that a meeting will be scheduled. It was moved by Councilman Coronado and seconded by Councilman Lacayo that the City Council schedule a meeting with the homeowners for Monday, October 6, at 7:00 p.m. and that notices of the meeting be mailed to homeowners in the area. Councilman Coronado stated he had a list of the homeowners who attended the meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None The City Manager stated staff would prepare a press release on the upcoming meeting. Chief Duke reported that a special team of officers is working in the area until further notice. COUNCILMAN CORONADO LEFT THE MEETING AT 9:00 P.M. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-21 (CONVENIENCE MARKET~ BLOOMFIELD STREET & ORANGE AVENUE): The Planning Director presented a report dated Septem- ber 16 describing the application to establish a convenience market engaging in the off-site sale of beer and wine at 4021 Orange Avenue in the CN-10,000 Conanercial Neighborhood Zone. Included in the application was a request to maintain four video amusement machines. Staff recommended denial of the appli- cation based on their feeling that the site was best suited for limited retail and service oriented businesses which operate during daytime and early evening ~,~.+:~4~ars. The staff read a letter to the City Council from the former property owner indicating that he advised the applicant of the neighboring homeowners' opposition to liquor sales and the fact that conditional use permit applica- tions had been denied several times. Mayor Evans opened the hearing and asked if the applicant wished to speak. Mr. Herbert Papenfuss, attorney representing the applicant, stated their business is a convenience market and not a liquor store; only beer and wine will be sold. He stated their business would serve as an anchor tenant and attract the other businesses to the remaining units. Mr. Wedemeyer, the applicant, reported that the video games would be located opposite the cashier who would be able to supervise the games. Mayor Evans asked if anyone wished to speak in support of the application. Mr. Maurice Schmit, one of the property owners, reported he has several prospec- tive smaller tenants for the center who are waiting for the occupancy of the major tenant. Mr. ?apenfuss reported that the applicant felt that if their application is denied, Stop n Go would proceed with plans to open a liquor store on the west side of Bloomfield at Orange in the City of Hawaiian Gardens. Mayor Evans asked if anyone wished to speak in opposition. Ms. Judy Satterfield, 4096 Orange, Cypress, a resident of Tanglewood, reported that an armed robbery occurred at the liquor store located in Hawaiian Gardens and that she was concerned for the safety of the many children who reside in Tanglewood. She felt school children would be attracted by the video games and would ~ongregate at the store. Mr. Mark Lane, 9416 Cambridge, Cypress, stated he did not object to the conven- ience store or video games per se but he did object to the games at the proposed location since the site is located within 10 feet from the community pool and park of the adjacent residential tract. He felt the store would attract loiterers and reported the pool and park have already experienced vandalism. Ms. Elizabeth Follett, 9476 Cambridge, Cypress, stated she dld not feel there was a need for a store selling beer and wine since there were many in the area. She expressed concern over the proximity of the proposed store to the neighbor- hood's pool and park and concern that the games would attract the junior high -3- City (]ouneil Minutes September 22, 1980 Ms. Jean Beckett, 4068 Avenida Seville, Cypress, stated she agreed with the previous speakers and that she felt the proposed location was inappropriate for the stor~ since it was surrounded by single-family homes. She reported that youths c~ngregated at the liquor store in Hawaiian Gardens and the stor~ lost its liquor license for selling to minors. She expressed concern that similar problems may develop at the store in Cypress. Mr. Wedemeyer, the applicant, stated the store in Hawaiian Gardens was susceptible to prob]<.ms since they sold both liquor and gas, neither of which would be sold at their store. He felt development of their store would preclude development of the Stop n Go market with its liquor sales and amusement games. Mr. Wedemeyer reported that Pump 'n' Pantry is a small chain with 13 other stores operating in Los Angeles County, and that all stores have video games. He reported they do not tolerate mischief or loitering and their stores are weI1 supervised. Mr. Schmit reported his property has been subject to much vandalism by children in the a~ea sod he has spent thousands of dollars for repairs. He felt an occu- pied building would attract less vandalism and trash dumping than a vacant building. Cotincilman Rowan moved to close the public hearing and approve Conditional Use Permit #80-21 subject to the conditions recommended by staff. The motion was not seconded. it was moved by Council~nan Mullen and seconded by Councilman Lacayo to close the public hearing and adopt the following Resolution by title only, title as follows, denying (]onditional Use Permit #80-21: RESOLUTION NO. 2292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING CONDITIONAL USE PEF~MIT NO. 80-21. Councilman Rowan expressed objections that the businessman was being penalized because ~f the concerns over unsupervised ~uveniles. Tile motinn carried by the following roll call vote: AYES: 3 COI~CILMEMBERS: Lacayo, Mullen & Evans NOES: 1 COUNCILMEMBERS: Rowan ABSENT: 1 COUNCILMEMBERS: Coronado Mayor Evans asked to be informed as to when a development proposal is presented for the property in Hawaiian Gardens on the west side of Bloomfield Avenue. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-22 (CONVENIENCE M~RKET~ CINNAMON SQUARE SHOPPING CENTER, 6153/6155 BALL ROAD): The Planning Director presented a report dated September 16 describing the application to establish a convenience market engaging in the off-site sale of beer and wine at 6153-6155 Ball Road in the CG-10,000 Commercial General Zone. Included was a request to maintain a maximum of four video amusement games as an accessory use to the market. Staff recommended approval of the application, with the deletion of the video amusement games, subject to six conditions. Mayor Evans opened the hearing and asked if the applicant wished to speak. Mr. Herbert Papenfuss, attorney representing the applicant, felt the fact that the convenience store and beer and wine sales would be separated from single- family residences by the drainage channel buffer should apply as well to the proposed video games. He felt that since Skateway draws many children to the area their store would have no effect on increased juvenile activity. Mr. Papenfuss requested an opportunity to install the video games on a probationary basis and stated if problems develop the machines would be removed. Mayor Evans asked if anyone wished to speak in support of the application. Mr. Jerry Reynolds, 2507 Lighthouse Lane, Corona del Mar, owner of the Cinnamon Square S]~opping Center, requested that the applicant be given an opportunity to operate t~ business as proposed. Mr. Reynolds stated he is sensitive to problems -4- City Council Minutes September 22, 1980 in the center and would not wish to create a detrimental environment for his tenants. He reported there have been problems in the center with vandalism and trash but he stated the problem is not the type of business that comes into the City but a lack of supervision of juveniles. Mr. Reynolds stated he felt the applicant would accept a condition stating that if his operation creates problems the Council may revoke the permit, and he stated he would be willing to include the condition in his lease agreement with the applicant. Mr. Reynolds stated he felt the proposed business would be beneficial for his center as it would attract other tenants and provide revenue. Mayor Evans asked if anyone else wished to speak in support or in opposition to the application. Mr. Robert Eames of the Cypress Chamber of Commerce inquired if the Recreation & Park District still operated pinball games at the Community Center. Staff advised that there are two pinball machines at the center. It was moved by Councilman Lacayo and seconded by Councilman Mullen to close the public hearing and adopt the following Resolution by title only, title as follows, approving Conditional Use Permit #80-22 subject to the conditions recommended by staff, with Condition #2 revised to state: The Cypress City Council shall maintain ongoing jurisdiction over the hours of operation as well as the type and number of video amusement games which shall be allowed, with the right to review or limit the hours of operation and the number of video amusement games should this use become detrimental to surrounding businesses or properties; with Condi- tion #5 to state: A maximum of four video amusement games are permitted to be maintained or operated on the premises at any time; and with the addition of Condition #7 to state: The City Council may modify or revoke Conditional Use Permit #80-22 should it determine that the business is being operated or main- tained in a manner detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity: RESOLUTION NO. 2293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PE~IT NO. 80-22 - WITH CONDITIONS. Mayor Evans stated that Councilman Coronado objected to the proposed video amusement games portion of the application. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans None Coronado PUBLIC HEARING RE: CONDITIONAL USE PER>lIT #80-23 (ORANGE COUNTY FALL FAIR~ LOS ALAMITOS RACE COURSE~ 4961 KATEL~A AVENUE): Mayor Evans declared the hearing open. The Planning Director presented a report dated September 12 which des- cribed the application by the 32nd District Agricultural Association to conduct its 1980 Orange County Fall Fair at the Race Course on November 19 through December 1. Thoroughbred racing would be conducted in conjunction with the Fair except on November 25. Included in the application was a request for waiver of the $150 per day carnival business license fee. Staff recommended approval of the application subject to 11 conditions, and suggested that the Council may wish to limit the use permit to a maximum of one year. The City Manager recom- mended the addition of another condition requiring the applicant to file a certificate of insurance naming the City as an additional insured. Mayor Evans asked if the applicant wished to speak. Ms. LaVergne Rosow, Manager of Fair Operations, reported that the Fair proposes to be located in a new location this year at the request of the Race Track manage- ment and that it is uncertain whether the carnival will participate at this new location. The new site is located easterly of the race track. She stated the carnival operators verbally indicated they would not participate at the new location since they felt the relocation would result in a loss of revenue. She reported the Fair is in its third and last year of commitment to the carnival. -5- City Council Minutes September 22, 1980 Mayor Evans asked if anyone wished to speak in support of the application. No one wished to speak in support. She asked if anyone wished to speak in opposi- tion to the application. Mr. Jim Young, 5120 Laurel Avenue, Cypress, stated he preferred that the carnival and music not be relocated closer to Walker Street as proposed but that they be located at their original location with perhaps shorter hours than the previous years. Mayor Evans advised that the fair and carnival activities would terminate at 9:00 p.m. and this was included in a condition attached to the use permit. Ms. Sally Peterson, 1047~ Saratoga, Cypress, stated she would like the fair and carnival at their original location and that she hoped they would improve their sound system. She reported she can hear all announcements during the races. Mayor Evans recommended adding a condition which would allow the fair and carni- val at their original location but would allow the fair at the new location only without the carnival operation. The City Attorney indicated that such a condi- tion would be appropriate in order to protect the surrounding residents. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the public hearing and adopt the following Resolution by title only, title as follows, approving Conditional Use Permit #80-23 subject to the conditions recommended by staff, with the addition of Condition #8c to state: A certificate of insurance, naming the City of Cypress as an additional insured, shall be filed with the City Clerk's office a minimum of ten days prior to the opening day of the Fair demonstrating that the applicant has all risk public liability insurance issued by an acceptable company with a minimum combined single limit of $500,000, and with the addition of Condition #12 which approves the carnival operation at the same location as held at the 1979 Fall Falr southerly of the race course club- house but prohibits the operation of the carnival at the proposed 1980 location northerly of the railroad tracks adjacent to Walker Street and requires that City staff be notified 10 days in advance of the opening date of the Fair of the final location for the Fair and carnival: RESOLUTION NO. 2294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 80-23 - WITH CONDITIONS. Following further discussion, Councilmembers Mullen and Lacayo amended the motion to approve a waiver of fees for the carnival as requested, to modify Condition #10 to include that the carnival activities shall terminate by 9:00 p.m., to modify Condition #3 to state: City building permits shall be obtained for any Fall Fair construction on the race course property 10 days in advance of the proposed opening date of the Fair. The City Building Department shall inspect and approve all Carnival rides prior to their public operation. The names of all subcontractors working at the Fair shall be submitted to the City Business License/Code Enforcement Department. The Fall Fair Carnival permit shall also be permitted with the appropriate plot plans 10 days in advance of the opening date of the Fair or said Carnival will not be approved to operate at the 1980 Fall Fair, and to add Condition #13 to state that Conditional Use Permit #80-23 shall expire on December 2, 1980 and require a new conditional use permit application if the applicant wishes to conduct a 1981 Fall Fair. Ms. Rosow expressed agreement to the recommended conditions. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEN~BERS: 1 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans None Coronado CONTINUATION OF PUBLIC HEARING RE: AbiENDMENT TO THE ZONING ORDINA~NCE #80-2 (VARIOUS AMENDMENTS TO THE ZONING ORDINANCE): The Planning Director presented a report dated September 16 which recommended two additional amendments to be include~! with those amendments presented at the September 8 meeting. -6- City Council Minutes September 22, 1980 Mayor Evans opened the hearing and asked if anyone wished to speak in support of the amendments. Mr. Mark Lane, 9416 Cambridge, Cypress, stated he agreed with the amendments updating the Zoning Ordinance and specifically the amendment which would bring the solar energy performance standards into conformance with State law. Mayor Evans asked if anyone wished to speak in opposition to the amendments. No one wished to speak in opposition. It was moved by Councilman Lacayo and seconded by Councilman Mullen to close the public hearing, order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance: ORDINARqCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT #80-12 (PRESCHOOL~ CYPRESS CHRISTIAN FELLOW.SHIP CHURCH~ 9739 DENNI STREET~ CYPRESS): The Planning Director presented a report dated September 16 describing the application to amend the conditional use permit to allow the operation of a public pre-school as an acces- sory use to the Cypress Christian Fellowship Church. Staff recommended approval of the amendment subject to six conditions. Mayor Evans opened the public hearing and asked if the applicant wished to speak. Reverend Dixon, 9739 Denni, Cypress, reported that State law limits their enroll- ment to a maximum of 64 students, and they felt they would be able to attain this number of students in the pre-school. ~,~yor Evans asked if anyone wished to speak in support or in opposition to the application. No one wished to speak in favor or in opposition. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the public hearing and adopt the following Resolution by title only, title as follows, approving amendment to Conditional Use Permit #80-12 subject to the conditions recommended by staff: RESOLUTION NO. 2295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 80-12 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans None Coronado PUBLIC HEARING RE: PARCEL MAP #80-1145 (NORTHEAST CORNER OF VALLEY VIEW & KATELLA AVENUE): The Planning Director presented a report dated September 15 describing the application by Warland Investments to consolidate five parcels of land into two parcels generally located at the northeast corner of Valley View and Katella. The applicant proposed to construct a 78,000 square foot industrial building on one parcel and retain the other parcel for retail commercial purposes. Staff recommended approval of the parcel map subject to one condition. -7- City Council Minutes September 22, 1980 Mayor Evans opened the public hearing and asked if the applicant wished to speak. Mr. John Murray, Civil Engineer for Warland Investments, 2324 Vermont, Los Angeles, stated he would respond to questions from the Council. Mayor Evans asked if anyone wished to speak in favor or in opposition to the Parcel Map. No one wished to speak in support or in opposition. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL MAP NO. 80-1145 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado CONSENT CALENDAR: Mayor Evans 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 recon~endations listed on the agenda. It was moved by Councilman Mullen and seconded by Councilman Lacayo to approve Items #6 through #23 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILM~MBERS: Lacayo, Mullen, Rowan & Evans None Coronado Item #6: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consid- eration by Title Only, and to Waive Further Reading. Item #7: Consideration of Proclaiming the Week of October 5-11, 1980 as Consumer Education Week. Recommendation: That the Mayor and City Council officially proclaim the week of October 5-11, 1980, as "Consumer Education Week" in the City of Cypress. Item #8: Consideration of an Original Application for Off-Sale Beer & Wine Alcoholic Beverage Licenses Filed by Mr. Albert J. Wedemeyer, DBA Pump 'n' Pantry Food Stores, Inc., 4021 Orange Avenue and 6153 Ball Road, Cypress. Recommendation: That the City Council receive and file the subject application, contingent upon the Council's approval of Conditional Use Permits #80-21 and 80-22. Item #9: Consideration of a Three-Way Stop at the Corner of Saltair and Myra. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A THREE-WAY STOP AT THE INTERSECTION OF MYRA AVENUE AND SALTAIR DRIVE. Item #10: Consideration of Abandonment #80-1, Vacation of Alley East of Walker Street, Extending from Camp Street to Bishop Street. -8- City Council Minutes September 22, 1980 Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO ORDER THE VACATION OF THE FIRST ALLEY EAST OF WALKER STREET EXTENDING FROM CAMP STREET TO BISHOP STREET. Item #11: Consideration of Compensation Plan Amendments. Recommendation: That the City Council adopt the following Resolutions by title only, titles as follows: RESOLUTION NO. 2299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 2267 ESTABLISHING SALARIES FOR CITY EMPLOYEES DESIGNATED AS MANAGEMENT PERSONNEL. RESOLUTION NO. 2300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING RESOLUTION NO. 2176, AND AMENDING RESOLUTION NO. 2268 WHICH AMENDED RESOLUTION NO. 2089, BASIC COMPENSATION PLAN, SECTION 4, CONCERNING SALARIES ESTABLISHED FOR TEMPORARY AND SEASONAL EMPLOYEES NOT PLACED UNDER THE BASIC COMEENSATION PLAN. Item #12: Consideration of Agreement for Professional Services - Newsletter. Recommendation: That the City Council authorize the City Manager to enter into an agreement for the preparation of the newsletter as specified in said agreement. Item #13: Consideration of Authorization to Participate in the OCCRMA Liability Program Policy Extension. Recommendation: That the City Council authorize the City/District's participation in the Orange County Cities' Risk Management Authority's Liability Program excess insurance policy extension as outlined in the staff report. Item #]4: Consideration of Status of Workers' Compensation Excess Insurance Renewal. ~ecommendation: That the City Council receive and file the report. Item #15: Consideration of Audit Reports for Revenue Sharing Funds for 1978 and 1979. Recommendation: Receive and file. Item #16: Consideration of Appointment to the Orange County Health Planning Council. Recommendation: That the City Council confirm the appointment of Mr. Robert Garcia to the Orange County Health Planning Council. Item #17: Consideration of Status Report on Park Conditions. Recommendation: That the City Council continue this matter until such time as the Council receives the report from the Recreation & Community Services Commission. Item #18: Consideration of Paving Project for the Associated General Contractors of California, Orange County District. City Council Minutes September 22, 1980 Recommendation: That the City Council confirm the staff's action of submitting the repaving of the parking lot adjacent to the Boys' Club facility as a 1980 project to the Associated General Contractors of California, Orange County District. Item #19: Continuation of Consideration of Citizen's Complaint Relative to Vibrations to his Home near Denni and Orange. Recommendation: Receive and file. Item #20: Consideration of Report on Annexations. Recommendation: That the City Council continue this matter until the staff report is completed. Item #21: Consideration of a Communication System for the Deaf. Recommendation: That the City Council approve the utilization of the City of Los Alamitos' deaf communication system and authorize the staff to take the necessary steps to implement the program. Item #22: Consideration of Vehicle Purchase Policy. Recommendation: That the City Council establish a policy of replacing the City Manager's and Police Chief's vehicles every tbree years. Item #23: Consideration of Renewal of Contract for Ambulance and Convalescent Transport Service. Recommendation: That the City Council approve the contract renewal for Ambulance and Convalescent Transport Service. CONSIDERATION OF AWAJtD OF CONTRACT FOR LEGAL ADVERTISEMENT~ REQUEST FOR ~OTATION #8081-12: The City Manager presented a report from the Finance Director dated September 17 which outlined the bids received for publication of legal advertise- ments. It was moved by Councilman Lacayo and seconded by Councilman Mullen to accept the bid of the News Enterprise, 3729 Catalina, Los Alamitos, and award them the contract for a period of one year based on the unit prices as outlined in the staff report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans None Coronado Mr. Sam Vicenzio, 5932 Karen, Cypress, reported that a traffic speeding problem exists on Karen Avenue and recently a child was hit by a car. Mr. Vicenzio stated that motorists do not obey the stop signs at Karen and Peach and the yield sign at Nancy and Karen does not help. Mr. Vicenzio stated he would bring this problem to the attention of the Swain School PTA on Wednesday and suggest that volunteers be placed at the crosswalk at Nancy and Karen. He requested that the City take action to resolve the traffic problems. The City Council requested that staff prepare a report, including traffic diagrams, for the next regular meeting concerning this matter. CONSIDERATION OF AN URGENCY ORDINANCE DECLARING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS IN THE MP-20~000 INDUSTRIAL PARK ZONE: The Planning Director presented a report dated September 17 indicating that the Council, at their September 15 study session meeting, directed the preparation of an ordinance which would place a moratorium on the issuance of building permits within the industrial park zone. The City Attorney discussed provisions of the ordinance, indicating the term of the ordinance would be 120 days with the possibility of an extension after a public hearing. He indicated that the ordinance would expire prior to the 120 days if the Council rezones any property in the MP Zone to a comn~rcial zone. He added that the ordinance allows for two exceptions: -10- City Council Minutes September 22, 1980 one for any building or construction which has been approved by the City's design review committee and the other for any building which the Council determined would experience an unreasonable hardship due to application of the ordinance. Mr. Louis Warschaw, a property owner in the industrial park zone, spoke in oppo- sition to the proposed moratorium. He reported he has canvassed every major market and drug store with regard to locating in Cypress and has had no response. He felt development of a shopping center at Valley View and Katella was impossible now and in the future but that such development may be possible at the southeast corner of Katella and Knott. Mr. Warschaw stated the moratorium would restrict the property owners in attempting to get tenants for their property. He asked that the property owners be given an opportunity to seek commercial tenants on their own. Mr. Warschaw indicated the reasons he felt commercial development was not viable were that there was an inadequate residential market support in the vicinity and most major market chains were already located within two and a half miles of the site. Mr. A1 Weinberg, 9303 Vista Serena, Cypress, asked if Mr. Warschaw's comments referred to the southwest corner of Valley View and Katella. Mr. Warschaw stated he was addressing the northeast corner of the intersection. Mr. Weinberg indi- cated he may be able to provide information on prospective tenants. Mr. Warschaw requested that a meeting be set up between the City Council and affected property owners and developers to discuss the development potential for the industrially zoned property. He indicated he could accept a moratorium of 30 days during which time the meeting between the City and developers could be held. The City Attorney stated that the Council could consider enactment of the urgency ordinance at such time as a development application for the subject property is submitted. Mr. Warschaw stated he would not object to such a procedure. It was moved by Councilman Mullen, seconded by Councilman Lacayo and unanimously carried to schedule a meeting with the property owners in the industrial park zone for Saturday, October 4, at 8:00 a.m., and that staff notify the Council in the event a development application for property in tbat zone is submitted. It was moved by Councilman Mullen and seconded by Councilman Lacayo to table the urgency ordinance declaring a moratorium in the MP-20,000 Industrial Park Zone. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans None Coronado It was moved by Councilman Lacayo, seconded by Councilman Mullen and unanimously carried to waive the 11:30 p.m. adjournment time and continue with the agenda items. CONSIDERATION OF AWARD OF CONTRACT FOR THE IMPROVEMENTS OF VALLEY VIEW RAILROAD CROSSING~ BBN 516.05 BETWEEN KATELLA AVENUE AND CERRITOS AVENUE~ F.A.U. PROJECT M-L097(2)~ qlTY OF CYPRESS PROJECT #7853-90: The City Manager presented a report dated September 17 from the Public Works Director which outlined seven bids received. It was moved by Councilman Lacayo and seconded by Councilman Mullen to determine that the lowest responsible bidder for Project #7853-90 is Sully-Miller Contracting Company, Po O. Box 432, Orange, California, and award them the contract for the improvements of Valley View Railroad Crossing, BBN 516.05 between Katella Avenue and Cerritos Avenue, F.A.U. Project M-L097(2), in the amount of $31,340.55, subject to the approval of Caltrans, and approve the closure of Valley View Street between Cerritos Avenue and Katella Avenue for a period of 48 hours subject to advance warning. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILME~IBERS: 1 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans None Coronado -11- City Council Minutes September 22, 1980 Councilman Mullen reported he read a recent Letter to the Editor from Mr. Leapley on Marion Avenue concerning numerous burglaries and speeding cars in that area and he recommended that Mr. Leapley be invited to a Council meeting to discuss the problems with the Council. It was moved by Councilman Mullen and seconded by Councilman Lacayo to request staff to contact Mr. Leapley and invite him to the October 14 Council meeting. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Lacayo, Mullen & Evans NOES: 1 COUNCILMEMBERS: Rowan ABSENT: 1 COUNCILMEMBERS: Coronado MINUTES: It was moved by Councilman Mullen, seconded by Councilman Lacayo and unanimonsly carried to approve the minutes of September 8 and September 15. PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT, O'KEEFE, MIONE & YEE RESTAURANT~ 4300 LINCOLN AVENUE~ CYPRESS: The City Manager presented a report dated September 17 describing the application to allow for a guitar player and singer to entertain at the restaurant on Friday and Saturday evenings only~ from 7:00 p.m. to 11:00 p.m. No coi~unications were received regarding the application and the Police Department investigation found no basis to protest granting of the permit. Mayor Evans opened the hearing and asked if anyone wished to speak in favor or in opposition to granting of the permit. No one wished to speak in support or in opposition. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the public hearing and approve the Live Entertainment Permit for the O'Keefe, Mione & Yee Restaurant to allow entertainment during the hours as requested by the appli- cant. %he motion unanimo~sly carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILM~MBERS: 1 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans None Coronado PUBLIC HEARING RE: ALLOCATION OF SPECIAL DISTRICT AUGMENTATION FUND: The City Manager presented a report dated September 15 indicating the amount and proposed allocation of the Special District Augmentation Fund. Staff recommended that $227,000 be allocated to the Street Lighting District, and $337,935 be allocated to the Recreation & Park District. Mayor Evans opened the public hearing and asked if anyone wished to speak in support or in opposition to the proposed allocation. There was no one wishing to speak in support or in opposition. Councilman Mullen requested that staff provide him and Councilman Coronado with background information concerning the Lighting District. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the public bearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ALLOCATING SPECIAL DISTRICT AUGMENTATION FUND. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Coronado -12- City Council Minutes September 22, 1980 CONTINUATION OF CONSIDERATION OF THE BOYS' CLUB LEASE: The City Manager presented a report dated September 18 indicating that the Boys' Club lease for the facility located at 10491 Moody expires on September 30. Staff recommended a renewal of the lease for a 60 day period and that the Council establish a date for the joint meeting with the Boys' Club Board of Directors. Mr. A1 Weinberg, 9303 Vista Serena, Cypress, treasurer of the Cypress Boys' Club, reported the Club has completed a five year plan for the Club's facilities in- cluding the gymnasium. Mr. Weinberg discussed with the Council the scheduling of the joint meeting and indicated he would not object to a date after January 1. It was moved by Councilman Lacayo and seconded by Councilman Mullen to extend the lease with the Cypress Boys' Club for the facility at 10491 Moody Street for a period of 60 days, expiring on November 30, 1980. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans None Coronado Mayor Evans requested that staff provide the Council with monthly status reports concerning the Boys' Club plans prior to the joint meeting. Mayor Evans announced that Councilman Coronado had requested a continuance of Item #34, Continuation of Consideration of a Prohibition of Late Night Deliveries. Hearing no objections, Mayor Evans continued Item #34 to the October 14 meeting. cONSIDERATION OF RECREATION & COMMUNITY SERVICES COMMISSION APPOINTMENT: The City Manager presented a report dated September 18 indicating the term of Com- missioner Joan Schlaich will expire on September 27, 1980 and that Commissioner Schlaich was unable to serve another term on the Commission. He reported that Commissioner Crotteau bad submitted a resignation and therefore there are two Mr. A1 Weinberg, 9303 Vista Serena, Cypress, suggested that the Council make appointments from the list of applicants who were previously interviewed by the City Council. Mayor Evans requested that the staff submit a report to the Council on the eligibility list for Commission appointments. CONSIDERATION OF THE REESTABLISHMENT OF THE COMMUNITY THEATRE FACILITY STUDY ADVISORY COMMITTEE: The City Manager presented a report dated September 18 indicating the Council was requested to consider reestablishment of the committee at their September 16 meeting with the Recreation & Community Services Commission. Mr. A1 Weinberg, President of the Cypress Civic Theatre Guild, requested that the Council reestablish the committee in order to promote an active theatre program in the City. He stated the committee could investigate construction of a theatre to serve Cypress and the surrounding area. He indicated that two Recreation & Community Service Commissioners would like to serve on the committee. It was moved by Councilman Mullen and seconded by Councilman Lacayo to reestablish the Community Theatre Facility Study Advisory Committee with Councilmen Coronado and Rowan as the Council representatives. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans None Coronado CONSIDERATION OF IMPLEMENTATION OF CITY COUNCIL HOT LINE: The City Manager pre- sented a report dated September 18 which suggested a procedure for implementing the City Council answering service equipment. The City Council agreed to receive and file the report. -13- City Council Minutes September 22, 1980 Hearing no objections, Mayor Evans continued Item #38, Consideration of Summary of Bear State Air Conditioning Service Costs Directed to the City of Cypress, to the October 14 meeting for the benefit of Councilman Coronado. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Council- man Lacayo and seconded by Councilman Mullen to approve the Warrant List for War- rants #56388 through #56506 in the total amount of $194,962.15. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILM~biBERS: 1 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans None Coronado CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: b~yor Evans stated that Councilman Coronado had questions regarding items on the Warrant List. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Mullen and seconded by Councilman Lacayo to approve the District Warrant List for Warrants #10879 through #10929 in the total amount of $64,280.86. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEF[BERS: 1 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans None Coronado Mayor Evans reported she was contacted by one of the business owners in the shopping center on Ball Road, east of Juanita Street, regarding problems which he felt were associated with the billiard parlor in the center. Mayor Evans requested that staff prepare a report for the October 14 meeting regarding the status of the billiard parlor and addressing the conditional use permit conditions. ADJOURNMENT: Mayor Evans adjourned the meeting at 12:15 a.m. to Monday, September 29 at 7:00 p.m. in the City Council Chambers. MAYOR OF THE CiTY 0~F CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS -14-