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Minutes 80-11-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 10, 1980 The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday, November 10, 1980 in the Cypress City Council Chambers, 5275 Orange Aveaue, Cypress, California, Mayor Vickie Evans presiding. PRESENT: ABSENT: Councilmembers Coronado, Lacayo, Mullen, Rowan & Evans None Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following City staff members: Barrett, Davenport, DeCarlo, Duke, Lamm, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: Councilman Coronado led the pledge of allegiance. ORAL COMM1JNICATIONS: Mayor Evans asked if anyone wished to speak in regard to any matter which was not on the agenda. No one in the audience wished to speak. Councilman Coronado discussed the report submitted to the Council regarding the quality of water in Cypress and indicated he felt the report from the Health Depart- ment was incomplete. He expressed concern over possible toxic chemicals in the water and requested that the Health Department perform a further water analysis. The Council agreed to direct the City Manager to contact the Southern California Water Company to request that a representative be present to discuss the water quality at the next meeting. Councilman Mullen stated he supported such a study but requested that the Council set a policy whereby requests for special studies by the staff are made by the entire Council rather than individual Councilmembers. It was moved by Councilman Mullen and seconded by Councilman Lacayo that the City Council establish a policy where the Council will give direction to staff on re- quests for research studies which involve a commitment of considerable staff time, rather than individual Councilmemberso Councilman Mullen indicated that the policy need not pertain to urgency matters. 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 Councilman Rowan expressed concern over the lack of news coverage of Orange County news events by Los Angeles County television channels, as evidenced during the recent elections. He reconnnended that staff draft a resolution voicing this con- cern and that the resolution be transmitted to all other Orange County cities re- questing their support, with copies sent to the television stations. He also recommended that the Council address their concerns to the stations at the time their licenses are up for renewal. It was moved by Councilman Rowan, seconded by Councilman Coronado and unanimously carried to request staff to draft the resolution for consideration at the November 24 meeting, and that the resolution be transmitted to other Orange County cities. STAFF REPORTS & DISCUSSION: Hearing no objections, Mayor Evans added Item #29 to the agenda regarding the City ordinance on drug paraphernalia sales; Item #30 re- garding the Council's policy on resolutions of commendation for community youths; Item #31 regarding the Americana Award nomination; Item #32 regarding the County affordable housing project on Crescent Avenue; Item #33 regarding a request for an Executive Session for personnel matters; and Item #15a to the Consent Calendar re- garding a resolution for Eagle Scout Michael Henderson. The City Manager reported that Valley View Street, between Cerritos and Katella, will be closed for the street repairs during November 12-14, and signs have been posted. He also reported that staff redrafted the resolutions for Item #10 on the Consent Calendar. City Council Minutes November 10, 1980 PUBLIC HEARING RE: REVIEW OF CONDITIONAL USE PERMIT #77-9~ CYPRESS FAMILY BILLIARDS~ 6287 BALL ROAD: Mayor Evans opened the public hearing. The Planning Director pre- sented a report dated November 3 indicating the Council on October 14 requested that the public bearing be scheduled in order to review the conditional use permit and hours of operation of Cypress Family Billiards. Also transmitted was a report dated October 7 which outlined the conditions attached to the use permit and a listing of Police calls made regarding activities at the business and in the shop- ping center. Mr. Lamm reported public hearing notices were mailed to all businesses in the shopping center as well as property owners within 300 feet, and the owner of Cypress Family Billiards was present. Mayor Evans reported she was advised of ~us' ~ssmen's concern over conditions in the shopping center relating to trash, broken bottles and lights and general disruption in the center's parking lot. The Mayor presented photographs of conditions in the center. The City Attorney advised that if the activities in the center constituted a violation of the use permit con- ditions, tbe Council had the authority to consider revocation of the permit. He indicated that nuisance abatement procedures could address the problems of trash and broken glass. Mr. Rick Warfield, owner of Cypress Family Billiards, 6287 Ball Road, Cypress, stated he was unaware of recent complaints concerning activities in the center. He reported that the security guard service which he employed for six months seemed to solve the problem of youths congregating in the center. Mr. Warfield stated each tenant pays $25 per month for maintenance service of the center and he felt this service was inadequate. Mr. Warfield stated that patrons of the billiard hall who pnrchase beer drink it indoors; he stated he has no control over persons who purchase alcohol elsewbere then drive into the center and drink it there. He indicated that damage to the lights and rear wall was not done by patrons of the billiard ball. Mr. Jim Siep]e, 4063 Via Encinas, Cypress, owner of Alphabet Printing in the shop- ping center, reported that rowdiness is still occurring in the center and that he felt the security guard was going to be continued. He reported that youths con- gregate outside in front of the billiard hall and in the rear alley and be felt they were responsible for knocking the wall down. He stated the billiard hall owner does not request the youths to leave the center. He reported the youths drive motorcycles on the alley and ride skateboards on the sidewalk in the center. Mr. Sieple felt the problems were caused by patrons of the billiard hall since the other businesses in the center close early. Mr. Sieple reported that maintenance is being performed by a new company and the maintenance problem has been taken care of. Mr. Mike Murillo, 10012 Bernadette, Buena Park, reported he lives across Ball Road and that there is a problem with youths congregating at the billiard hall, even after closing hours. He reported this occurs several nights a week, and the youths bring alcohol onto the property and have frequent parties. Mr. Don Krates, 10022 Bernadette, Buena Park, reported he has contacted the bil- liard hall several times regarding excessive noise and the owner has dealt with the problem when he called. He reported that youths congregate at the billiard hall during and after business hours and they are not patrons of the billiard hall. Mr. Krates felt there was evidence that drug dealing may be occurring in his neighborhood and he felt the billiard hall may attract youths to the area. He reported that youths also drink alcohol on the Dickerson School grounds. Councilman Lacayo suggested that the businessman's cooperation may help eliminate the problems. He suggested that the rear door of the billiard hall remain closed to prevent access to the rear alley, that the business owner post signs indoors prohibiting loitering and instruct employees to warn the patrons that loitering jeopardizes the continuance of the business. He also requested that the business owner cooperate by cleaning the parking lot in front of the billiard hall. Mr. Warfield responded that the rear door cannot be permanently closed since it is required for fire access and it is usually open for ventilation. He offered to post a sign stating that the door should remain closed. Mr. Warfield stated that if problems develop with loitering, he usually goes outside and requests that per- sons not loiter. He stated often his requests are not obeyed and he has called the -2- City Council Minutes November 10, 1980 Police Department several times. Mr. Warfield stated he would attempt to increase his parking lot control. He felt patrons of the billiard hall were not creating the problems and he felt the problems involved isolated incidents. Mr. Warfield noted that bis business differs from others in the center in that patrons are not in and out but remain for some time for entertainment. It was moved by Councilman Lacayo and seconded by Councilman Mullen that the Police Chief arrange a meeting with the business owner and owner of the shopping center to J-termine measures to eliminate the problems, and that the Police Chief prepare a report for the November 24 meeting with recommendations for remedies. Councilman Rowan recommended that the Council pursue adoption of an ordinance to address the problems of loitering, drinking of alcohol and the riding of bicycles and skateboards on private shopping center properties and that the Chamber of Commerce provide input on how businessmen would feel about such an ordinance. Mr. Sieple stated a loitering ordinance would help eliminate the loitering problem. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILb~MBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None Councilman Rowan requested that staff prepare an ordinance addressing the problems of loitering, alcohol consumption, riding of bicycles and skateboards and vehicle parking in fire lanes on private shopping center property. Mr. Robert Eames, manager of the Chamber of Commerce, offered to conduct a survey of shopping center property owners to determine their response to the ordinance proposing regulations on shopping center properties. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-25~ OFFICE CONDOMINIUMS, 5401 - 5481 ORANGE AVENUE: Mayor Evans opened the public hearing. The Planning Director presented a report dated November 4 describing the application for a tentative site plan and land use approval for the construction of commercial office condo- miniums to be located at 5401 through 5481 Orange Avenue. The application was submitted by Mr. Robert Medearis of G. A. Construction Company who represented several private property owners in the area, and the proposal included several City owned parcels. Staff reported that the application included all parcels on Orange Avenue between Walker Street and the Civic Center excluding the two Erskine parcels, and that these parcels could be developed compatibly with the subject proposal in the future. Staff recommended approval of the spplication subject to 23 conditions. The City Attorney advised the Council that if their consideration of the land use proposal was favorable, it would not predetermine the City's willingness to participate in the development and the Council could reserve-the right to decide whether the City will participate and on what basis. Councilman Lacayo suggested that the Council consider the application on its merits and then make a decision concerning the City's participation. Mayor Evans indi- cated that she was not prepared to discuss the question of the City's participation and that there were unanswered concerns with the proposal. Councilman Mullen also indicated he did not wish to consider the financial aspects of the City's parti- cipation in the proposal at this time. Councilman Coronado addressed questions regarding the parking requirements and development of the Erskine parcels to which staff responded. Mayor Evans asked if anyone wished to speak in support of the application. Br. Robert Medearis, Vice President of C. A. Construction Company, 9267 Walker, Cypress, stated the development company and property owners feel their proposal will be an enhancement to the area. He reported that he has spoken to Mr. Erskine several times and he felt that once their development is approved, Mr. Erskine would be ready to develop his property. Mr. Medearis reported that the financial data they submitted was based on the cost factors for the office development across the street on Orange Avenue. He stated the office buildings would have attractive front and rear facades. Mr. Medearis stated the applicant was prepared to make a cash purchase of the City owned parcels. -3- City Council Minutes November 10, 1980 Mayor Evans asked if anyone else wished to speak in support or in opposition to the application. No one else wished to speak Jn favor or in opposition. Councilman Lacayo stated he favored giving further consideration to the proposal and continuing the matter so that the staff could prepare an analysis and report on the applicant's two proposals as well as the proposal of the City's sale of its property. He requested a report from the City Attorney concerning the City's participation in the development proposal. It was moved by Councilman Lacayo and seconded by Mayor Evans to continue the public hearing regarding Conditional Use Permit #80-25 to the December 8 meeting and request a staff analysis and report on the applicant's Proposals A and B, thc proposal for the sale of City owned parcels, and the proposal for a reciprocal agreement by which the City may acquire office space through a trade of its property. Councilman Mullen stated the plan had many positive aspects such as the consolida- tion of several parcels, its conformance with his desire for redevelopment of the properties through private enterprise, and its potential to serve as an incentive for development of the two remaining parcels on Orange Avenue. Councilman Rowan expressed support for the proposal and felt it was consistent with the City's redevelopment plan. He noted that the City had no obligation to accept the finan- cial terms as outlined in the applicant's proposal. Councilman Rowan inquired about the status of rezoning the properties and staff reported that the hearing to consider rezoning of the properties was scheduled for the December 8 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mul]en, Rowan & Evans None None ~EC~E~: Mayor Evans called a recess at 8:40 p.m. The meeting was called back to order at 8:50 p.m. with all Councilmembers present. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #8_Q~_6~CHURCH BUILDING~ 6322 ORANGE AVENUE: Mayor Evans declared the hearing open. The Planning Director presented a report dated November 3 describing the application to construct a church meeting hall for "The Church in Cypress" on a .43 acre parcel of land located at 6322 Orange Avenue in the RM-20/A CC Residential Multiple-Family (Civic Center Combining) Zone. Staff presented the plot plan and elevations of the church building. Staff recommended approval of the application subject to 19 conditions. Mr. Dan Leslie, representing The Church in Cypress, 9121 Valley View, Cypress, and Mr. Dave Lewis presented slides illustrating a model of the church and its elevations and described the structural design and architectural treatment. They indicated the building would have wood siding and would be similar in design to buildings at Cypress College. Mr. Lewis reported there are five concrete columns supporting the second floor and the building construction would be plywood sheer wall which provides strong support. Mr. Leslie stated the site would meet their congregation size requirements for several years. He stated they wished approval of the building design before they close escrow for the property on November 15. Mr. Leslie stated the applicant agreed with the conditions of approval. Mayor Evans asked if anyone wished to speak in support or in opposition to the application. No one wished to speak in support or in opposition. Mayor Evans inquired if the parcel was a buildable lot in the RM-20/A Zone and staff responded that it was a buildable lot and had been previously approved for condominium development. It was moved by Councilman Coronado 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 #80-26 subject to the 19 conditions recommended by staff: Council Minutes November 10, 1980 RESOLUTION NO. 2309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 80-26 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Lacayo, Mullen & Rowan NOES: 1 COUNCILMEMBERS: Evans ABSENT: 0 COUNCILMEMBERS: None .'~NTINUATION OF CONSIDERATION OF PRELIMINARY REPORT ON CABLE TELEVISION ISSUES: ~'~i~y Manager presented a report dated November 5 which outlined various issues to he addressed in consideration of a cable television franchise. Staff indicated they would continue to study these issues of concern before recommending an approach to be taken by the City Council, that they woald concentrate their efforts on studying the public input process utilized in other communities and then present their findings at a future Council study session. Councilman Coronado recommended the formation of the cable television ad hoc citizens committee followed by a Council public hearing on cable television. Mayor Evans felt formation of the committee should be delayed until the Council is able to provide it with direction. The Mayor recommended that school districts and Chamber of Commerce members be represented on the con~nittee as well as City Council and staff representation. It was moved by Mayor Evans and seconded by Councilman Coronado to continue this matter to allow staff to proceed with its study and that, following receipt of the staff report on the public input process, the Council schedule a study session to review the staff report and consider the formation of the ad hoc committee. Mr. Charles Callendar, 9408 Danbury Street, Cypress, stated he was interested in serving on the ad hoc committee and felt citizens should provide input on this issue. He reported that he attended a meeting in Huntington Beach where residents were unaware that a cable television system was being installed and they were con- cerned over the streets being torn up. Mr. Callendar stated that if more people are involved and are aware of what is occurring then the City will have better results. Councilman Lacayo stated he would like to study the cable television issue and then have the Council provide the ad hoc committee with guidance. He stated that if the issue becomes controversial he would support placing it to a vote of the people. Councilman Mullen stated he hoped the committee would be open to any citizen who expresses interest in serving on it. Councilman Rowan suggested that ex-Councilmember Frank Fry of Westminster be invited to discuss cable television with the Council because of his experience in the field. The Council further requested staff to provide them with periodic progress reports on their study. 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 CONTINUATION OF CONSIDERATION OF STATUS REPORT ON ACTIVITIES IN THE AREA SOUTH OF ORANGEWOOD AVENUE BETWEEN KNOTT AND HOLDER STREETS: The City Manager presented a report dated November 6 indicating a letter was mailed to all residents in this area reporting on the actions taken by the City Council to deal with the problems. Also transmitted was a report from the Police Chief on the Select Neighborhood Involvement Program initiated in this area, a communication from the City Attorney regarding the civil liability of parents for the intentional wrongful acts of their children, and a copy of the Huntington Beach ordinance. Chief Duke reported that the first Neighborhood Watch meeting for this area was scbeduled for November 19 and that Agent Hobbs, the officer assigned to this area, had started contacting the residents who have attended the neighborhood meetings and the juvenile offen- ders. He reported that all homeowners in the area would be contacted. Chief Duke -5- City Council Minutes November 10, 1980 also reported that probation officers responsible for juveniles in this area had been contacted and informed of problems in the area and they had offered their assistance. Chief Duke reported that the department has been receiving more calls from residents in this area and recently narcotic arrests were made after the department was called by residents who were watching the park. The Council held discussion with regard to adopting an ordinance similar to the Huntington ?~ach ordinance. The City Attorney advised that adoption of an urgency ordinance dealing with the juvenile problem would be effective immediately. The City Manager recommended that the Council evaluate the effectiveness of the special ~nfercement program before it considers adoption of the ordinance. Mrs. Mary Nohlme, 6741 Reefton, Cypress, stated the situation has improved. She reported the juveniles continue to meet in three or four homes which have no parental supervision, but their activities have been quieter. Mrs. Nohlme recom- mended that the parents of these juveniles be contacted by Agent Hobbs to let them know that the juveniles are congregating at their homes. She reported that groups of 50 juveniles are no longer congregating outdoors. Mrs. Nohlme felt there was still a lack of cooperation among the neighbors and many were unaware of the problems. She stated many persons do not want to become involved because of their fear of retaliation by the youths. She stated the Neighborhood Watch program is supported. Mrs. Nohlme requested that homeow~ners who have debris or inoperable vehicles in their driveways be contacted. Staff ~ndicated they were pursuing nuisance abate- ment for such properties. Mrs. Nohlme felt the police contacts of parents was the key to resolving the problems. Councilman Rowan requested that the Police Chief provide the Council with the confidential reports concerning the juvenile offenders and families so that the Council could decide whether to pursue legal action. It was moved by Councilman Rowan and seconded by Councilman Lacayo that the City establish a $500 reward for information leading to the arrest and conviction of persons responsible for the damage to the home on Tahiti and the two vehicles on Reefton Drive. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans None Coronado Councilman Lacayo requested that Agent Hobbs present the Council with a status report at the November 24 meeting during an executive session. Mrs. Trudy Smith, 6892 Reefton, Cypress, thanked the Council and Police Chief for their cooperation and reported the problem has subsided during the last few weeks. She expressed appreciation for the offering of the reward. Mrs. Smith inquired about the posting of signs at Peppertree Park. Staff advised that this matter was referred to the Recreation & Community Services Commission for their recommendation which would then be considered by the Council. Mrs. Mary Crowder, 6881 Reefton, Cypress, stated the situation has quieted down but she felt the problems would begin again. She reported that four homes are causing the problems and that the parents do not want to cooperate. She stated she appreciated the actions taken by the City Council. It was moved by Councilman Lacayo and seconded by Councilman Coronado to continue this matter to the November 24 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEb~ERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None -6- City Council Minutes November 10, 1980 CONSIDERATION OF SOUND MONITORING STUDY FOR SENATOR CARPENTER'S COUNTRY WESTERN CONCERT AT THE LOS ALAMITOS RACE COURSE: The Planning Director presented a report dated November 3 which transmitted the Orange County Environmental Health Depart- ment's study results of the sound monitoring performed during the three day concert event. The sound study was performed on Laurel Avenue and the results showed that the City's Noise Ordinance was exceeded between 10 and 11 p.m. on Friday, September 26, between 10 and 11 p.m. on Saturday, September 27, and between 4 and 5 p.m. on Sunday, September 28. Staff recommended that the Council receive and file the report and that it permit no future concerts without a conditional use permit. Mr. i~ilwyn Brickson of the County Environmental Health Division, reported he had nothing further to add to the report, but he advised the Council of one typo- graphical correction. Mr. Jim Young, 5120 Laurel Avenue, Cypress, stated he hoped the Council would not allow such an event to reoccur. He indicated the homeowners were very dis- turbed by the concert and he stated the race course was not designed to accommodate such concerts. Mr. Charles Houston, 5121 Laurel, Cypress, stated for most of the concert the noise was not loud but the residual sound from that distance was annoying and it could not be blocked out by the homeowners. He stated he hoped the Council would not allow a concert again. Mrs. Sue McPherson, 5141 Laurel, Cypress, stated she agreed with the previous speakers and that the noise was very annoying. She reported the concert hot line telephone number was incorrect. Mr. Stuart Rugner, 5080 Laurel, Cypress, stated he could not rest during the concert and hoped the concert does not reoccur. He asked if the concert was a political or private fund-raiser. Mr. Patrick Howard, 5140 Laurel, Cypress, stated he agreed with the other speakers concerning the noise levels. He stated a special music amplification system was used for the country western concert but the noise levels still exceeded the City's ordinance. He stated that other events held at the race track have been worse and were held without a conditional use permit. It was moved by Councilman Lacayo and seconded by Councilman Mullen to establish a policy to ban future concerts at the race course. Councilman Rowan expressed concern over a general ban and noted that school bands will be performing at the Fall Fair. Councilman Lacayo stated the intended policy would not address such events but would address concerts similar to the one which just occurred. He stated an applicant may always approach the Council for approval of an event. The City Attorney stated he would prepare a report concerning events which are allowed at the race course and those which would require a conditional use permit. Mr. Charles Houston, 5121 Laurel, stated some protection is needed for the residents of the area and that he hoped the City would consider regulations for all events at the track other than racing. He stated the charitable cook-off event noise was twice as loud as the country concert and was more offensive. Mrs. Sally Peterson, 1~474 Saratoga, Cypress, stated the loudspeaker at the race course is poor and too loud for the patrons to hear and it transmits the noise to their neighborhood. She stated the track personnel should be made aware of this. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullep, Rowan & Evans None None The Mayor requested the staff to draft a communication to the appropriate race course personnel regarding the sound problem. CONSIDERATION OF AN ORDINANCE ESTABLISHING A SENIOR CITIZENS COMMISSION: The City Manager presented a report dated November 6 transmitting the draft ordinance from the City Attorney. -7- City Council Minutes November 10, 1980 It was moved by Councilman Lacayo and seconded by Councilman Mullen to order the following Ordinance read by tite only, title as follows, and to approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTIONS 2-61 - 2-65 TO THE CODE OF THE CITY OF CYPRES~ ESTABLISHING A SENIOR CITIZENS COMMISSION. Councilman Coronado spoke in favor of the senior citizens cormnission and cable television ad hoc committee and stated he supported the commissions if they served a purpose and were ~ot an undue cost to the City or burden to staff. Councilman Rowan stated he would support the commission as long as it is a pro- ductive body. Councilmembers Lacayo and Mullen amended the motion to state in the ordinance that the commission meetings shall be held during the regular City business hours at least once a month in the City Council Chambers. 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 CONSIDERATIO~ OF REESTABLISHj~!~ADVISOjI%_~$ - YOUTH COMMISSION: The City Manager presented a report dated November 6 which transmitted a copy of the draft ordinance reestablishing the commission. The Council determined that the commission would consist of seven members and that the commission would meet regularly at least once a month throughout the academic year during regular City business hours at the Community Center. It was moved by Councilman Mullen and seconded by Councilman Lacayo to order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance, as amended: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTIONS 2-90 - 2-95, INCLUSIVE, TO THE CODE OF THE CITY OF CYPRESS ESTABLISHING A YOUTH COMMISSION. Councilman Coronado stated he would support the commission only if he saw produc- tive results. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: 2 COUNCILMEMBERS: 0 COUNCILMEMBERS: Lacayo, Mullen & Evans Coronado & Rowan None CONSIDERATION OF STATUS REPORT ON OXFORD JR. HIGH SCHOOL SITE: The City Manager presented a report dated November 6 indicating that Councilman Coronado requested this item on the agenda. Councilman Coronado reported that the advisory committee's last meeting was held October 30 and that a public meeting was scheduled at Cypress High School on November 19 at 7:30 p.m. He felt strong representation by the City was needed to express the City's interest in preserving the property for community use. He reported that the School District received one proposal for the property which includes office and public agency use with the remaining portion of the property to contain condominiums. Councilman Coronado reported that other uses under consideration included single-family homes, a mobilehome park, and commercial storage use, which he felt were unacceptable land uses. He reported that the staff mailed meeting notices to property owners within 300 feet of the school site and to youth sports leagues, and a Cypress High School student would distribute fliers in the City. The City Manager advised that arrangements were made for a tour of the school on Friday, November 14, at 9:00 a.m. -8- City Council Minutes November 10, 1980 Mr. Felix Lopez, 5202 Belle, Cypress, reported that the VFW and a local boxing club are interested in using the school facility. CONSIDERATION OF CONTROL OF TRUCK TRAFFIC ON ORANGEWOOD AVENUE: The City Manager presented a report dated November 6 indicating that Councilman Mullen requested this item on the aganda. Councilman 17'llen reported he was contacted by Mr. Krause at 6450 Dominica re- garding a considerable amount of heavy truck traffic on Orangewood Avenue. He stated the homeowners were present but had to leave the meeting. He requested ~hat the matter be continued to allow the homeowners an opportunity to speak. It was moved by Councilman Mullen and seconded by Councilman Lacayo to continue the item to the November 24 meeting and request staff to investigate the problem and prepare a report and recommendations for the meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILb~MBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilman Mullen to approve the Warrant List for Warrants #56748 through #56890 in the total amount of $411,181.51. Councilman Coronado inquired about the warrant regarding the installation of police radios. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILb~MBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None SECOND READING OF ORDINANCE ESTABLISHING A TRAFFIC COMMISSION: It was moved by Councilman Lacayo and seconded by Councilman Mullen to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 669 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTIONS 16-8, 16-9, 16-10 AND 16-10.1 TO THE CODE OF THE CITY OF CYPRESS ESTABLISHING A TRAFFIC COMMISSION. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: 2 COUNCILMEMBERS: 0 COUNCILMEMBERS: Lacayo, Mullen & Evans Coronado & Rowan None CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: Acting as the ex officio Board of Directors of the Cypress Recreation and Park District, it was moved by Councilman Lacayo and seconded by Councilman Mullen to approve the District Warrant List for Warrants #11027 through #11092 in the total amount of $175,668.39. 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 In regard to Item #29 concerning the City's ordinance on drug parapbernalia sales, Councilman Mullen reported he read a newspaper article concerning a community which had adopted an ordinance requiring businesses licensed to sell drug paraphernalia to keep a record of the names of persons buying the merchandise. He stated the ordinance had been upheld in court. Councilman Mullen requested that the City Attorney research this matter and that staff prepare a status report regarding compliance with Cypress' ordinance. -9- City Council Minutes November 10, 1980 In regard to Item #30, the Council held discussion on the City Council's policy of presenting resolutions of commendation to scouts who have attained the rank of Eagle Scout or a corresponding rank in the Girl Scouts. Councilman Coronado was in favor of presenting a resolution to Eagle Scouts who were residents of Cypress or members of scout troops located in Cypress. Following discussion, it was the consensus of the Council to continue with the current policy of preparing resolutions for Cypress residents~ In regard to Item #31, Mayor Evans announced that she would nominate Mr. John Kanel, former Councilmember, for the Americana Award sponsored by Cypress College. In regard to Item #32, the Planning Director presented a plot plan and elevations for the County's affordable housing condominium project on Crescent Avenue, west of Moody Street, and described the project. >~r. Lamm reported that staff's concern was over the Housing Authority's proposed exchange of garages and carports for solar heating and equipment in the 60 units. He reported that 122 exterior parking spaces would be provided, rather than 150 as required by the Cypress City Code. Mr. Lamm stated that November 14 was the deadline to submit comments on the plan to the County Planning Commission. Following discussion, it was moved by Councilman Mullen, seconded by Councilman Rowan and unanimously carried that the Council's objections to the development plan be transmitted to the County Planning Commission along with a request for compliance with the City's parking requirements. It was moved by Councilman Rowan, seconded by Councilman Coronado and unanimously carried to waive the 11:30 p.m. adjournment time and continue with the agenda items. MINUTES: It was moved by Councilman Lacayo, seconded by Councilman Mullen and unanimously carried to approve the minutes of October 27. 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 recommendations on the agenda. Councilman Coronado requested the removal of Items #5, 14 and 15 from the Consent Calendar. It was moved by Councilman Lacayo and seconded by Councilman Coronado to approve Items #2 through #15a on the Consent Calendar with the exception of Items #5, 14 and 15. 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 Item #2: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consideration by Title Only and to Waive Further Reading, Item #3: Consideration of Request for an Exemption from a Special Permit for the Purple Heart Veterans Rehabilitation Services, Inc. Recommendation: That the City Council grant the request of the Purple Heart Veterans Rehabilitation Services, Inc. to solicit home salvage items on a deter- mination in accordance with Section 15-57 A(1)(b) of the Cypress City Code, from January 1 - December 31, 1981, Mondays through Saturdays during the hours of 9:00 a.m. to 6:00 p.m., with the condition that a current list of solicitors be filed at the Cypress Police Department. Item #4: Consideration of a Claim Filed by Mr. Enrique Armesto. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claim Adjuster, Carl Warren & Company, for appropriate disposition. Item #6: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Robert Williamson Duff, Jr., DBA Omega Liquor, 4346 Lincoln, Cypress. Recommendation: Receive and file. -10- City Council Minutes November 10, 1980 Item #7: Recommendation: Consideration of Resolution Honoring Mrs. Mildred N. Vessels. That the City Council adopt the Resolution by title only, title as follows: RESOLUTION NO. 2310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS HONORING MRS. MILDRED N. VESSELS. item #8: Consideration of Proclaiming November 19, 1980, as Sergeant Donald Sowma Memorial Day. Recommendation: That the Mayor and City Council officially proclaim November 19, 1980, as "Sergeant Donald Sowma Memorial Day" in the City of Cypress. Item #9: Consideration of Claims Filed by Dana D. Denton, Attorney, On Behalf of David L. Cordova and Gary Calzaretta. Recommendation: That the City Council officially reject the subject claims and refer them to the City's Claim Adjuster, Carl Warren & Company, for appropriate disposition. Item #10: Consideration of Resolutions of Commendation for Iris Thiemann and Derrith Young. Recommendation: That the City Council adopt the Resolutions by title only, titles as follows: RESOLUTION NO. 2311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MS. IRIS THIEMANN ON BEING SELECTED AS THE 1980 GIRLS' STATE DELEGATE TO SACRAMENTO. RESOLUTION NO. 2312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING DERRITH M. YOUNG ON BEING SELECTED AS THE 1980 BOYS' STATE DELEGATE TO SACRAMENTO. Item #11: Consideration of Acceptance of Ball Road and Moody Street Traffic Signal, City of Cypress Project #7937-50. Recommendation: That the City Council accept the Ball Road and Moody Street Traffic Signal as being satisfactorily completed in accordance with Plans and authorize the City Clerk to release the Labor and Materials 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 #12: Consideration of Employment List - Engineering Aide. Recommendation: That the City Council certify the employment list for the posi- tion of Engineering Aide as submitted. Item #13: Consideration of No Parking Area on Holder Street, West Side, 250 Feet South of and 50 Feet North of Mt. Ripley Drive. Recommendation: That the City Council adopt the Resolution by title only, title as follows: RESOLUTION NO. 2313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A "NO PARKING" AREA ON HOLDER STREET, WEST SIDE, 250 FEET SOUTH OF AND 50 FEET NORTH OF MT. RIPLEY DRIVE. -11- City Council Minutes November 10, 1980 Item #15a: Consideration of Resolution of Commendation for Eagle Scout Michael S. Henderson. Re~co~m~m~j~io~n: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT MICHAEL A. HENDERSON ON ACHIEVING £HE RANK OF EAGLE SCOUT. In regard to Item #5, Consideration of Claim for Damages Filed by Mr. Michael Allen Saunders, Councilman Coronado inquired about the claim involving the City's street sweeper, and staff described the claim and incident. It was moved by Councilman Coronado, seconded by Mayor Evans and unanimously carried that the City Council allow the subject claim and instruct the City's Claim Adjuster, Carl Warren & Company, to settle this claim accordingly. In regard to Item #14, Consideration of Request for One-Year Extension of Cypress Skateway All Night Skate-A-Thons (at 6143 Ball Road), Councilman Coronado inquired about the number of complaints received concerning this event. Mr. Lamm reported that staff bad not received any complaints regarding the all night skate-a-thons but a few reports of injuries were received. It was moved by Councilman Coronado, seconded by Councilman Rowan and unanimously carried to approve a one-year extension of Modification to Conditional Use Permit #76-7 which will expire on November 26, 1981. In regard to Item #15, Consideration of Ongoing Development Status within the Cypress Business Park (Valley View & Katella), Councilman Coronado inquired as to when the master plan for Cypress Land Company would be presented for Council review. Mr. Lan~n reported that the matter will be on the Council's agenda for the January 12, 1981 meeting. It was moved by Councilman Coronado, seconded by Councilman Rowan and unanimously carried to receive and file the staff report. CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE ELECTRIC STREET STORM DRAIN AND STREET IMPROVEMENTS FROM 185 FEET NORTH OF PHILO STREET NORTH TO THE EXISTING COUNTY DAIRYLAND STORM CHANNEL RIGHT-OF-WAY, CITY OF CYPRESS PROJECT #8026-10: The City Manager presented a report from the Public Works Director dated November 5 which outlined seven bids received. He reported that the devel- oper's contribution has been received into the Drainage Fund. It was moved by Councilman Coronado and seconded by Councilman Mullen to: (1) authorize a budget transfer from the Drainage Fund and appropriate $13,145.00 from the fund balance of the Drainage Fund to Account #10-4186-423.23; and (2) determine that the lowest responsible bidder for Project #8026-10 is W. Ro Company, P. O. Box 761, Ontario, California, and award them the contract for the construction of the Electric Street Storm Drain and Street Improvements in the amount of $28,688.90. 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 EXECUTIVE SESSION: Mayor Evans called an executive session at 11:45 p.m. for matters of personnel. The meeting was called back to order at 12:31 a.m. with all Councilmembers present. -12- City Council Minutes November 10, 1980 ADJOURNMENT: Mayor Evans adjourned the meeting at 12:32 a.m. to Monday, November 17, at 9:00 p.m. in the Administrative Conference Room. MAYOR OF THE CITY OF CYPRESS ATTES2: CITY CLERK OF THE CITY OF CYPRESS -13-