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Minutes 81-03-23MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 23, 1981 The regular meeting of the Cypress City Council was called to order at 6:36 p.m. on Monday, March 23, 1981 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Vickie Evans presiding. PRESENT: ABSENT: Councilmembers Coronado, Lacayo, }lullen, 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 of allegiance. ORAL COMMI~ICATIONS: Mayor Evans asked if anyone wished to speak in regard to any matter which was not on the agenda. Mr. George Rice, 9080 Bloomfield, Cypress, reported to the Council that the speeding problem in the Lincoln Center Mobilehome Park has not been resolved. He stated the owner has not taken any actions to remedy the problem. Mr. Rice stated that if cars are parked on both sides of a street within the park emergency vehicles cannot pass. The staff reported that the Traffic Commission reviewed this problem at their March 17 meeting and recommended that Mr. Rice and the other tenants contact the park owner to attempt to resolve the problem. Staff reported that, although the park owner has posted 10 mph speed signs in the park, the Police Department is only able to enforce a 25 mph speed limit in accordance with State law. Staff reported that the streets in the mobilehome park are private. ~ey indicated the owner would have the option of installing speed bumps which could effectively control speeding. The City Council indicated they would address a letter to the park owner requesting him to consider actions to eliminate the speeding problem. Mr. Fred Roth, representing the Affordable Development Corporation, reported that they have received conditional agreement from all of the property owners, except one, located east of the Civic Center for sale of their property for seniors rental housing. He reported ADC will meet with that one property owner tonight. Mr. Roth requested direction from the Com~cil on whether ADC should proceed with their proposal to 1IUD and he indicated they need an answer this week. The City Council agreed to add this matter to the agenda as Item #35 for discussion later in the meeting. ?lr. Paul Rubin, 70735 Ninth, Buena Park, reported on a series of incidents which he felt involved personal harassment by the Cypress Police Department and requested that the matter be investigated by the City Council. The staff reported that Mr. Rubin had filed a lawsuit against the City in State court. ~e City Attorney recommended that Mr. Rubin address his concerns in a letter to the City Council. ~,lr. Rubin indicated he would s[~mit a letter to the Council. >!r. Joe Mardcastle, 4588 Blanca Drive, Cypress, reported on the events which occurred when he failed to pay for his street sweeping parking ticket and indi- cated he objected to the new system where a fine is attached to the license renewal if a ticket is not paid. PRESENTAI'ION: Mayor Evans read a resolution which was adopted at the March 9 Council meeting commending the Cypress Youth Soccer Team for being selected as the U.S. representatives to attend the llamburg, Germany, Youth Soccer Club's 75th anniversary celebration this summer. The Mayor presented a resolution of conm~enda- tion to each team me~nber and stated a community service plaque would be prepared for presentation to the German team. Mr. Hetzger of the Cypress soccer team requested that a City resolution be prepared for the German city which they will visit. City Council Minutes March 23, 1981 Mr. iterb Stern, 6751 Yosemite, Buena Park, representing the Cypress VFW Post, reported that they have been restricted in their activities for the past two years because they lack a Post home and he indicated they are still interested in leasing the property at the corner of Moody and Cerritos. lle stated if they are granted the lease they will insure and maintain the building, repair windows and the plm~ing, paint the building, and make the grounds and building available for use by other groups, lie stated they have been offered parking area at the service station across the street. Mayor Evans advised Mr. Stern that the Council had recently met with the Cypress Boys' Club and had agreed to form a committee of Com~cil and Club representatives to review the Club's proposal for use of the City property. She stated the VFW Post would be kept informed of decisions made regardin~ the property. Com~cilmembers Mullen, Coronado and Lacayo expressed support for the VFW Post's efforts to lease the property. Councilman Lacayo indicated he would be willing to review a proposal from the VFW on how it intends to utilize the property. Councilman Coronado transmitted information to the Council regarding asbestos pollution in water and suggested that the Com~cil schedule a workshop on this matter after they review the data. Mayor Evans requested that this matter be placed on the agenda for the April 13 meeting. STAFF REPORTS & DISCUSSION: Mr. Davenport requested an Executive Session to discuss matters of litigation and personnel. PUBLIC ItEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - VILLA MEXICAN RESTAURANT, 6197 BALL ROAD, CYPRESS: Mayor Evans opened the public hearing. Mr. Davenport presented a report dated March 16 describing the application to allow For two or three electric guitar players and a singer to perform in the cocktail lom~ge daily from 9:00 p.m. to 12:00 midnight or 1:30 a.m. No conm~uni- cations were received regarding the application. ~lr. Robert Novelle, general manager of the Villa Mexican Restaurant, stated they felt live entertainment would enhmace dining at the restaurant. He reported they proposed entertainment until midnight on week days and until i:30 a.m. on weekends. He requested approval for three guitar players and one singer. The Council advised the applicant that any change in the number of entertainers would require an appli- cation to modify the live entertainment permit. Cir. Novelle requested approval for a maximum of six band members, and that entertainment be allowed until 1:30 a.m. Mayor Evans asked if anyone wished to speak in favor or in opposition to the application. No one wished to speak in support or in opposition. it was moved by Councilman Coronado and seconded by Cotmcilman Lacayo to approve the live entertainment permit for the Villa Mexican Restaurant, 6197 Ball Road, to allow entertainment by a six member band and a singer between the hours of 9:/10 p.m. and 1:30 a.m. as requested. ~e motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIl,MEMBERS: 0 COUNCILMEMBERS: () COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None PUBLIC HEARING RE: CONDITIONAL USE PERMIT #81-5, ABC ANIMAL ltOSPITAL, 9121 ;VALKER STREET: Mayor Evans opened the hearing. The Planning Director presented a report dated March 18 describing the application for a building addition and remodeling of the ABC Animal Hospital which will include a doctor's residence and 24-hour emergency service at 9121 Walker in the CG-10,000 Commercial General Zone. He presented slides of the subject property. Staff recommended approval of the project subject to 18 conditions. Mr. Anton Marinkovich, 332 N. I~oods, Fullerton, designer of the project, reported that the two southerly older dwellings will be demolished. Councilman Coronado recommended that a condition be imposed concerning the maximum number of animals which would be permitted to be kept on the property and requested that staff inves- tigate the County's regulations for this land use. Mr. Marinkovich reported that the doctor and his family planned to reside on the premises in order to provide the 24-hour service and he indicated he would agree with an additional condition stating -2- Jit} Co,moil Minutes March 23, 1981 that the residence s mil 60 limited to occupancy by a doctor or medical attendant. Staff indicated that the dwelling unit could not ho sold separately as a residence becallso of the way it ~s integrated in tbe development plans. Mayor Evans asked if aayonc wished to speak in favor of tile application. No one wished to speak in favor. She asked if anyone wished to speak in opposition. Mr. A] lfiIliams, 5541 Nelson, Cypress, reported that dog barking disturbs the neighbors M/o live adjacent to the animal hospital and he i nqnired about the number of dogs which would bo housed in the kennels outdoors and treated inside the hospital. Mr. Williams stated tBat presently the noise comes from inside the building and ts disturbing during late evening boars, blr. }~illiam stated he had a petition signed by 18 residents in the area wBo objected to an increase in dog kennels and doll facilities in this area. They ,Celt enlarged animal facilities wou]d decrease their property value. 'H~o applicant reported they planned to add 15 kennels and he stated thc animal facilities can be sound-proofed. I'hc City /x)uncil agreed to continue tile public hearing and requested that staff investigate and report on the County rcgnlations pertaining to tile animal facility. 'Hqo Council also requested a report on the location and total number of kennels proposed, what soundproofing measures will loe proposed, and during what hours are thc dogs located indoors and outdoors. Mayor Ewms recommended a restriction that dogs not be al lowed outdoors. City Council continued tile hearing to the April 13 meeting. PUBLIC IIEAR[NI; RE: CONDITIONAl, USE Pt!RblIT ~!81-6, FAMILY AMUSEMENT ARCADE, 6271 BAI,I, ROAD: Mayor Ewms declared thc bearing open. The Planning Director presented a report dated March 16 which described the application to establish a family amuse- merit arcade at 6271 Bail Road (the Park Plaza Center) in the C(;-10,000 Commercial General Zone. Staff noted that the center is the site of the Cypress [:~ily Billiards. Staff's recommendation ~as to deny the application. 5Ir. Vincent [!alley, 3(/(t S. llarbor, t!600G, Anaheim, regional manager for American ~;ame Exchange, /nc., proposed manager of the amusement arcade, presented a background on the company's partners, indicating they all had experience in dealing with children. Mr. Dailey stated they understand management proble~ns and they felt their strict management policies would result in a successful operation. Mr. Dailey explained in detai] the rules of operation of the arcade. Itc reported the business involves a $100,000 investment and that they would offer the most sophisticated, top-of-the line video machines which are enjoyed by adults as well as children. Mr. Dailey reported that a t)robibJtlon against loitering is one of their rules and that member- sBip to the arcade carl be withdrawn if the rules are broken. Mr. lians Rosscn, 23611 Tampico, I,aguna Nigucl, reported he was asked by the property owner to manage ibc arcade; Be reported ho manages a~l arcade in a shopping center which he owns in Poway and that arcade is managed properly. Mr. Rossen felt the arcade would helI) other businesses in the center, lie stated the lease would have gronndrules which wonld include patrol of the outdoors, trash pick-rip, and no smoking by the ~ninor patrons of the arcade, Mr. Rosson indicated he was familiar with the problems in the Park Plaza (:enter and he felt proper management of the arcade would solve many of the problems. Mayor [!vans asked if anyone wished to speak in opposition to tile application. Mr. ,Jim Seipplc, 4063 Via Encinas, Cypress, n tenant of the Park Plaza Center, felt the problems in the center could be control led with proper business management and stated he did not object to the manner in which the applicant proposed to manage the business. He stated he would not object to tBe business it' there is no loitering problem and if the business is closed if problems develop. Itc indicated he would object if problems are allowed to continue and if the City Council had to repeatedly consider resolutions to the problems over a period of time. Mr. Don Krates, 10022 Bernadette, Buena Park, also speaking for his neighbor, Mr. Hurl Ilo at 10012 Bernadette, spoke in opposition to the arcade, lie expressed concern over tulcontrollable noise iii the center's parking lot, COllCOrn over children crossing Ball Road, fightiag Jn the Center's parking area, and possible drug dealing. City Council ~Iinutes March 23, 1981 Mr. ,Joe llardcastle, 4588 Blanca Drive, Cypress, felt the arcade would attract youths from distant areas and that police resources could be better utilized for more pressing problems in the cormnunity than patrolling the arcade. Nit. Rick Warfield, 967[ Melinda, tlunt~ngton Beach, felt an arcade as large as the one proposed would significantly increase the problems in the Center and would not hello other tenants, lie reported tie has sold Cypress Family Billiards and had advised tile new owner of tile history of' problems. ,~]r. Warfield felt the Center was an inappropriate location for the arcade. Mr. Dailey and Mr. Rossen spoke in rebuttal to the comments of the previous speakers. 'l]le City Council held discussion on the application. Councilman Mullen felt tile arcade would compound existiog problems and he did not feel the site was a suitable location, lie felt there was insufficient police manpower to deal with problems in the Center. lie noted that patrons of the arcade over 18 years of age would have vehicles and could bring alcohol onto the property. it was moved by Councilman Mullen and seconded by Councilmaa Coronado to close tile public bearing and adopt the following Resolution by title only, title as follows: I{I~SO[,I/TION NO. 2.3(~1 A RI!SOLUTION OF 'DiE CITY COUNCIl. OF TIlE CITY OF CYPRESS I)ENYING CONDITiONAl, USE I~ERMIT NO. 81-6. The motion unanimously carried by tile following roll call vote: AYES: 5 COUNCIl,MEMBERS: Coronado, I,acayo, Mullen, Rowan & Evans NOES: !) COUNCII,MI!MBERS: None ABSENT: 0 COIINC[I,MEMBEI~S: None RE(if, SS: Mayor Evans called a recess at 8:~5 p.m. The meeting was called back to order at 9:00 p.m. with all Councilmemhers present. PUBLIC IIEARING RE: CONDITIONAL USE PERMIT It81-7, CAR WASll & OFFICE BII[LDING, 5020 LINCOLN AVENIJE AND 9020 MOODY STREET: Mayor Evans opened the public hearing. Tbe Planning Director presented a report dated March 17 describing the application to construct a self-service car wash at 5020 Liecoln and an 8800 square foot office condominium building at 9020 Hoody Street on a single parcel of land located in the CI1-10,000 Commercial I]eavy Zone. Mr. I,amm presented slides of the property. Staff reconnnended approval of the use permit suhjeet to 23 conditions. Mr..Jack Schwartz, 2347 lrvine Avenue, Newport Beach, the applicant, requested modifications to several of the conditions of approval. IIe stated he agreed that the existing billboard should be removed hut indicated he was investigating tile status of the billboard lease, lie requested that the billboard lease be allowed to expire prior to removal of the billboard. Hr. Schwartz also requested that he be able to use the exist[ng dwelling for materials storage Lmtil tile car wash is constructed. In regard to Condition #t¢ wh[ch requires a temporary 6-foot chain link fence around the site of the future offices, Mr. Schwartz requested that he be allowed to construct a 5-foot chah~ link fence which would be adequate to prevent dumping ca tl~e property, and would be Ness costly than a 6-foot fence, in regard to Condition ~'7 concerning the bouts of operation, the applicant requested that tile car wash be open on a 24-hr. basis tmless there are complaints or if problems arise. Mr. Schwartz stated the car wash would be lighted at night, lte reported he experiences no prohlems at tile car wash he owns in ltuntington Beach which is open 24-hours. Councilman I,acayo expressed concern that a 24-hour operation may cause disturbance to the adjacent homeowners. Mr. Lamm reported that the car wash r, ould he far enough removed from tile homes so as not to cause problems. He stated tile equipmenl and lighting could be placed on a timer. The Public Works Director recommended that the dwelling be demolished prior to the issuance of huilding per- ~aits so tha~ the entire property may be graded at once to establish a uniform grade. ,~layor Ewins asked if anyone wished to speak ia support or in opposition to tile application. No one wished to speak in support or in opposition. City Council Minutes March 23, 1981 Mr. Schwart:: indicated he wonld not want the construction delayed because of the billboard issue. Hayor Pvans recommended that, if the applicant experiences a problem with removing the billboard because of the lease, the applicant could later request a modification to the condition. It was moved hy Councihnan I.acayo 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 t~81-7 subject to the conditions reco~mnended by staff, with the change to Condition #6 to allow construction of a five-foot chain link £ence, and a change to Condition #7 to allow a 24-hour operation subject to the condition that the City Council will retain ongoing jurisdiction over tile hours and days of operation to protect the welfare of adjacent property owners: RESOLUTION NO. 2362 A RESOI,IJTION OF TIlE CITY CO/JNCIL OF T}fE CITY OF CYPRESS APPROVIN(; CONDiTIONAl, USE PERMJT NO. 81-7 - W1TIt CONDITIONS. Ihe motion unanimously carried by the following roll call vote: AYES: 5 COIJNCiI,MEMBERS: Coronado, Lacayo, Mullen, NOES: 0 CODNC I I,MEMBERS: None ABSENT: 0 COUNCI1,MEM}~IiRS: None Rowan & Evans PUBLIC IIEARING RE: CITY OF CYPRESS LIGltTiNG DISTRICT #2 (1981); Mayor Evans opened the public hearing. The Public Works Director presented a report dated March 19 recommendhli,, that the Conncil adopt two Resolutions concerning the Lighting Distr:ict for 1981: the first Resolution adopts tile City Engineer's report, approves the proposed assessment for the District, and orders the installation of electric current; the second Resolution determines that them' is only one contractor capable of furnishing electric current for the system and appoints the Southern Califon~ia Edison Company as the contractor withont bid. Mayor Evans asked if anyone wished to speak in support or in opposition to adoption of thc Resolutions. No one wished to speak in support or in opposition. It was moved by Councilman [,acayo and seconded by Cotmcilman Mullen to close the public hearing and adopt the Resolutions hy title only, titles as follows: IIESOLUTION NO. 2363 A RESO],DTION OF TIlE CITY OF CYPRESS, COUNTY OF ORKNGE, STATE OF CALIFORNIA, UETERMIN I NC; 'I]IAT TIIERE I S ONLY ONE CONTRACTOR I)RACTICALI,Y CAPABEE OF MAKING THE iNSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNiSHIN(; I!I,ECTRiC CURRENT FOR ~tE LIGHTING OF TIlE STREET I,IGHTING SYSTEM CYPRESS LIGttTING DISTRICT NO. 2 AND ORgERED 'FO Bll INSTAl,LED BY RESOLUTION NO. 2364 OF SAID COI/NC1L, ALE IN ACCORD WiTH ,kXlD PURSUANT TO TIIE PROVISIONS OF DIVISION 11, PART 1, STREETS ~%ND IIIGN~qAYS CODE, STATE O[; CAI,IFORNIA, AS AbIENDEI), REFERRED TO AS TIlE "STREET LIGI[TING ACT OF 1919". RESOLUTION NO. 2564 A RESOI.IJTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OE ORANGE, STATE OF CALIFORNIA, CONFIRMING TIlE REPORT OF 'FIIE CITY ENGINEER OF SAiU CITY, DATED FEBRUARY 27, 198l~ PREPARED PURSUANT TO RESOI.UTION NO. 2350 OF SAID COUNCIL .AND REFERRED TO IN RESOEUTION NO. 2356 OF SAID COUNCIL, AND 'DIE PLAX~S, SPECIFICATIONS, ESTIHATE AND ASSESS~IENTS CONTAINED IN SAiD RI!PORT: ORDERINC I'I]E INSTALLATION OF TIiE STREET LIGItTING SYSTEM OF TIlE CYPRESS NO. 2 LI(iIITiNG DISTRICT, ORDERING TME MAINTENANCE OF AND THE FURNiSHiNG OF ELECTRIC CURRENT 'FO 1,IGttT SAID STREET LIGHTING SYSTEM REFERRED TO IN RESOLUTION OF INTENTION NO. 2357 AND RESOIdlTION APPOINTING THE TIHE PdqD PLACE POR HEARING NO. 2358 ALL iN ACCORD WITII DIVISION 14, PART ], STREETS AND III(;IIWAYS CODE, STATE OF CALIFORNIA, AS 3dX~ENDI!D, REFERRED TO AS TIlE "STREET LI(;IFI'INC ACT OF 1919". -5- City Council Minotes March 23, 1981 motion unaoimously carried hy tile following roll call vote: AYES: 5 COUNCI hbI[:MBERS: Coronado, NOES: 0 COUNCILMEMBERS: None ABSI!N'I': 0 COIINC 11~MiiMBE RS: None Lacayo, Mullen, Rowau & Evans CONSIDERATION OF COMMIINICATION REGARDIN(; THE SALE OF FIREWORKS: The City Manager presented a report dated March 19 which transmitted a co~mnunication from Mr. Jim Dean of Boy Scout Troop #670 who requested an opportunity for community organizations to discoss the sale of fireworks in Cypress. Mr. Mark Mcl,ain, 9541 (iraham, Cypress, representing a Cypress Boy Scout Troop, requested that the City Ordinaace he changed to allow a four-day sale of fireworks instead of a two-day sale. lie stated that surrotmding clties allow four days of sales and some allow seven days. Mr. Joe tlardcastle, 4588 Blaaca Drive, Cypress, stated he objected to the sale of fireworks in Cypress altogether, lle stated f/reworks cause fires, property damage and personal injuries and are an inapprol)riate way to celebrate an American holiday. Cotincilman Mullen questioned the effectiveness of limiting sales to two days in Cypress while surrounding cities allow longer sale periods. It was moved by Councilman Coronado and seconded hy Mayor Evans to receive and file this matter. The motion carried by the following roll call vote: AY lis: NOES: ABSENT: 4 CO/JNCILMEMBERS: 1 COUNC [ LblEMBERS: 0 COLJNCI I,MI!MBERS: Coronado, J,acayo, Rowan & Evans Mul 1 en None CONSII)EI~,~TION OF STATUS REPORT CONCERNIN(; CONDITIONAL USE PERMIT #77-9, CYPRESS FAMILY BILI,IARDS, 6287 BAld, ROAD: 'I%e Planning Director presented a report dated March 16 which reviewed the status of Cypress Family Billiards and specifically the complaints received by the Police Department. l~e Police Department reported that complaints declined during the months of Novemher through January 1981; staff felt no further action leas necessary with regard to the business or use permit. Staff reco~rmlended that the owner rebuild the trash enclosure and the block wall adjacent to the trash enclosure as leas promised earlier by the owner. Mr. Rick Waffle]d, 9671 Melioda, tluntington Beach, former owner of Cypress Family Billiards, reported that the shopping center was proposed to be sold but when he last checked it was still trader the same ownership, tlc stated there was to be a new property manager. Mayor Evans recommended that the new owner and manager be advised of the repairs which are needed. It was moved by Cou~cilman hacayo and seconded by Councilman Mullen to direct staff to request the new property owner of Park Plaza Center to take the following act5ons: (1) rebuild the trash enclosure w[th 6-foot high 6-inch thick concrete block material and install 3-foot high htnnper guard posts where needed around the trash enclosure; tile commercial trash bin shall be maintained within the trash enclosure except at those times when it is being serviced by Cypress Disposal Company; and (2) the damaged block wall adjacent to the trash enclosure shall be reconstructed to a height of 6-Feet. 2~e motion unanimously carried by the following roll call vote: AYES: NOES: ABSEN~: 5 COIINCI [,MEMBERS: 0 COIJNC[LME, MBERS: 0 CODNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None 'lq~e City C0uncH considered Item !t35 at this time regarding the proposal by the Affordable Developmeat Corporation to build a senior citizen rental housing project. Mr. Fred Roth, President of Affordable Development Corporation, 9550 Warner, #250, Fountain Va l ley, reported they met earlier this evening with one of the property owners located to the east of the Civic Center to determine their interest in selling their property for ADC's proposed seniors rental housing project. The property owner, the Church of Christ, did not agree to sell their property (Parcel #10) at this tgme at the price offered by AD(; which was the maximum price ADC could afford. 'I%e Church City Council Minutes March 23, 1981 had requested that ADC provide them with an altem~ate site and Mr. Roth reported that ADC could not afford to do this. Mr. Roth stated ADC would have to determine whether it is worthwhile to proceed with building less than 100 units on a smaller site wbich would he further reduced because of the need to provide a loop traffic circo]ation plat~ on the property. Mr. Reed Flory, consultant for the Affordable Development Corporation, reported that the land needed for an intenml traffic loop design would reduce the nmnber of rental units to about 50. Combined with the need to relocate six residences and lacking an alternate access to Watson Street, Mr. Flory felt their project may not be feas- ihle for selection by PdlD. Mr. Flory stated that ADC would be able to offer a higher price for the City's parcels sioce tire Church is not interested in selling their property, lie stated the minimcmi price for the City's parcels would be $98,0D0. Mr. Roth reported that ADC had made offers of $8.50/square foot for unimproved parcels and $12.00/square Foot for improved parcels. ADC would be able to offer $1.58/square foot for tile City owned parcels. 'I~e Plaoniag Director reported that the portion of City-owned Parcel #12, 52 feet wide and 288 feet deep, which would not be included in ADC's proposal, would remain as a legal, non-conforming lot, and would not be a buildahle lot. Mr. Roth reported that ADC had planned to connnit a total of $300,000 of Housing & Community Development allocations from the 1981 and 1982 Fiscal years towards their project. Mr. F]ory reported that, with tile Federal subsidies, the average rent of the seniors units would De about $150 per month, tie reported the units would be about 600 square feet. '[~e City Council iodicated that, wbile they supported the concept of providing affordable rental housing for senior' citizens, they were concerned over the fact that Parcel #10 and a portion of #12 would not be included in the development proposal and that the portion of Parcel #i2 would remain as an Lu~developable strip of land. Councilmembers Mullen and Lacayo indicated that they would have supported the sale of tbe City-owned parcels at below the market value. Councilman Rowan indicated that the development criteria in ADC's proposal was inconsistent with the City's present zoning standards. Ite recommended that tile Council address this issue and formulate special zoning that would permit seniors housing similar to that proposed hy the Affordable Development Corporation. Mr. Flory offered to provide the Council with information on minimum property standards for seniors housing. '11~e Council expressed their regrets that ADC was ramble to proceed with their development proposal. MINUTES: It was moved by Councilman Coronado, seconded by Mayor Evans and unani- mously carried to approve the minutes of March 9. CONSENT CALENDAR: Mayor Evans annotmced that all items listed on the agenda under "Consent Calendar" were to be considered by the Com~cil as routine and enacted by one motion approving the recommendations on the agenda. Councilman Rowan requested the removal of Item #10 from the Consent Calendar. It was moved by CouncSlman Coronado and seconded by Councilman Mullen to approve Items #2 through #15 on the Consent Calendar with the exception of Item #10. The motion nnanimously carried by the following rol 1 call vote: AYES: 5 COUNCILHEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans NOES: 0 CODNCi I,HEMBERS: None ABSENT: 0 COIJNCI LMEMBERS: None Item #2: Motion to Introduce and/or Adopt All Ordinances Presented for Consid- eration By Title Only, and to Waive Further Reading. item #3: Consideration of an Application for an Original Alcoholic Beverage License Filed by Richard D. Flynn, Jr. and Gall F. Flynn, DBA Rick's Country Meats #2, 4131 Ball Road, Cypress. Recommendation: That the City CoLu~cil receive and file this application, subject to the applicants filing for a conditional use permit and the City Council's sub- sequent action of the approval or disapproval of the Conditional Use Permit. -7- City Council Minutes March 23, ]981 Item ti4: Consideration of Resolutions of Commendation for Eagle Scouts. Recommeadation: 'l]~at the City Council adopt the Resolutions by title only, titles as Follows: RESOLUTION NO. 2365 A RESOLUTION OP THE CITY COUNCIL O1; TIlE CITY OF CYPRESS COMMENDIN(; BOY SCOUT JEFFREY LYLE ISttII ON ACHIEVING TIlE RANK OE EAGLE SCOUT. RESOLDTION NO. 2366 A RESOI,UTION OF 'FilE CITY COUNCIl. OI; THE CITY OF CYPRESS COMMENDING BOY SCOIJT ItENRY MROCIt ON ACIIlEVING TIlE PdkNK OP EAGLE SCOUT. P, ESOI,UTION NO. 2367 A RESOLUTION OF TItE CITY CO/JNCIL OF THE CITY OF CYPRESS COHHENDING BOY SCOUT KENNETII B. BATDORF ON ACIIIEVING 'I]IE RANK OF EAGI,E SCO[JT. RESOI,IrI'ION NO. 2368 A RESOI,UTION OF TIIE CITY CO/JNCII. OE TIlE CITY OF CYPRESS COMbIENDINC BOY SCOUT BRIAN S. DEAN ON ACIflEVING 'DIE RANK O[,' EAGEE SCOUT. RESOI,IJT[ON NO. 23(59 A RESOLUTION OF THE CITY CO/INCIL OF File CITY OF CYPRESS CO~BiENI)ING BOY SCOUT DONALD S. WONG ON ACHIEVING TIlE RANK OF EAGLE SCOUT. Item #5: Consideration of Ordinance Amending the PERS Retirement System. Recommendation: That the City Council approve the first reading of the Ordlnaa~ce by title only, title as follows, amending the retirement system for public safety employees: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF CYPRESS AtJ31dORIZING AN )&IENDMENT 'FO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIRE~:.NT SYSTEM. Item t/6: Consideration of Acceptance of the Improvements of the Community Devel- opment Fifth/Sixth Year Program (Nelson Street, Camp Street, Watson Street, and Alley Between Nelson and Camp Streets), City of Cypress Project #7958-10. Recommendation: That the City Council accept the improvements of the Community Development F~fth/Sixth Year Program (Nelson Street, Camp Street, Watson Street and Alley between Neisoo and Camp Streets), Project #7958-10, as being satis- factorily completed in accordance with the Plans and Specifications and authorize the City Clerk to release the Labor and Material Bond upon expiration of the required lien period providing no liens have been filed and to release the Faith- ful Performance Bond upon expiration of one year's guarantee providing no defects in material and workmanship become evident. Item ~t7: Consideration of Administrative Policy Regarding Health Insurance Plan for Management Retirees~. Recommendatiou: That the City Council authorize the City Manager to implement tile administrative policy regarding continuation of the health insurance plan under the City's group policy for City/District management personnel at the retiring employees' cost. City Coumcil Minutes March 23, 1981 item #8: Coasideration of Request for Extension of Conditional Use Permit #80-3, Contractor Office Building and Equipment Storage Yard, 8851 Watson Street. Recommendation: 7ha~ the City Council grant a one year extension to Conditional Use Permit #80-3 whereby said use permit will expire on March 10, 1982. item #9: Consideration of Resolution from the City of Santa Ana Supporting Senate Bill 65 Which Would Exempt Emergency Vehicles from the Current State timission Standards. Recolmnendation: 'lhat Ehe City Council authorize the Mayor to send a letter to the appropriate State Legislators supporting Senate Bill 65. Ite~n #11: Consideration of a Request from the St. Irenaeus Fiesta Committee for Waiver-o-f I;ees for the St. lrenaeus Catholic Church Annual Fiesta. Recommendation: 'Ii, at the City Council grant the request to waive all required fees for the St. irenaeus Catholic Church Annual Fiesta on dune 20 and 21, 1981, with tile condition that no-fee building and electrical permits be ohtained for carnival activities. item #12: Consideration of Employment List - Maintenance Worker II. Recommendation: 'Ihat the City Cotmcil certify the Promotional Employment List ~ the posi~-~on of MaintenanL'e Worker II as submitted. Item #13: Consideration of Senior Citizen Conunission's Support of Senior Citizens l~sin~-in the City of Cypress. Recmmendat[on: ~at the City Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, approve the Senior Citizen Commission's request for the Commission to send a letter of support to the County of Orange stating full support for senior citizens housing in Cypress by the Commission. Item #14: Consideration of Donation from the Woman's Club of Cypress. Recommendation: 'ihat the City Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, accept the $50 donation from the Woman's Club of Cypress. Item #15: Consideration of Committees for the City of Cypress' 25th Birthday Ce~ehration. Recoramendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, encourage citizen participation in the Cypress 25th Birthday Celebration event planning through letters to service clubs and other community organizations, inviting participation on various planning committees for the two-day event. tn regard to Item ~ll) removed from the Consent Calendar, Consideration of a Resolu- tion from the City of Santa Aaa Supporting the Elimination of the Federal Estate Tax, Councilman Rowan recommended that the Council go on record in support of the elimination of the Federal and State Estate Tax. It was ~noved by Councilman Rowan, seconded by Councilman Lacayo and unanimously carried to direct staff to draft a Resolution for consideration at the April 13 meeting in support of the elimination of the Federal and State Estate Tax and that the Resolution then be transmitted to Cypress' legislative representatives. CONTINUATION OF CONSIDERATION OF AMENDMENT TO RESOLUTION NO. 2229 DECLARING CERTAIN PORTIONS OF THE CYPRESS LIGHTING DISTRICT OF ORANGE COUNTY LOCATED WITHIN TIlE BOUNDARIES OF TIlE CITY OF CYPRESS TO BE WITHDRAWN FROM SAIl) DISTRICT: The City Manager presented a report dated March 19 indicating this item was continued from the March 9 meeting. As requested by the Council, a map of the annexed areas which 'were withdrawn from the Cypress Lighting District of Orange County was transmitted with the report. -9- City Cotmcil blinutes March 23, 1981 It was moved by Councilman Coronado and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2370 A lltSOLIJTION OF TIlE CITY COUNCIL OE TIlE CITY OF CYPRESS 3MENDIN(; SECTION 2 O1: RESOLIJT1ON NO. 2229 PERTAIN1NC TO CERTAIN PORTIONS OE Tile CYPRESS LIGHTING DISTRICT OP ORAN/;E CO[INTY LOCATE[/ W1T}IIN THE BOUNDARIES OF TIlE CITY OF CYPRESS ~f) BE WITHDRAWN EROM SAID DISTRICT. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSIiNT: 5 CO[INC 11.HEbIBERS: 0 COIlNCII,bfEMBERS: 0 CO/JNCILMEMBERS: Coronado, Lacayo, Hullen, Rowan & Evans None None CONTIN/JATION OE CONSIDERATION OF AMENDMENTS TO TItE PERSONNEL RULES & REGULATIONS FOR CITY OE CYPRESS AND CYPRESS RECREATION f~ PARK DISTRICT EHPLOYEES: The City Manager presented a report dated blarch 19 indicating this matter was continued from the March 9 meeting. 7~]e City Hanager reported that the Resolutions would serve to implement the terms of the recently approved Memorandums of Understandi{~g with the employee gronps and would further outline City management rights. Councilman Coronado questioned staff w~th regard to the content of the Resolutions. Ile indicated he was awaiting ioformation From staff relating to City travel poIicies. Hayer }wins suggested that the Council schedule a workshop meeting to review City management policies and City Council and management roles. Councilman Lacayo rec- ommended that the Council also review the C~ty travel policy and expenses, personnel council meetiogs. The City Council agreed to schedule a workshop meeting For Monday, April It was moved Dy Councilman Rowan and seconded hy Councilman Mullen to adopt the Resolutions by title only, titles as follows: I~iSOI,UTION NO. 2371 A RESOLUTION OF TIlE CITY CODNCIL OF 'FilE CITY OF CYPRESS AHENDINC RESOI,DTION NO. 1635, R/JIES AND REGULATIONS, CIIAPTEI{S 5, (~, g, 9, 10, 11, 12, 13, 14 AND 16, CONCERNIN(; OVEIITIHE, ltOLIDAYS, CALL BACK PAY, COURT TIME, AND TRAININ/; TIME; REJECTION OE A PROBATIONARY EMPLOYEE; CESSATION OF ACCRUAL OF V,\CATION; ON-TIlE-JOB IN, JURY; AUT[IORIZED LEAVE OF ABSENCE WlTI[OUI' PAY; JDRY D//TY; SUSPENSION; GRIEVANCE PROCEEDINGS; CITY RIGIITS; EDUCATIONAL INCENTIVE PAY; AND INCOMPATIBLE ACTI¥ITIES FOR EHPI,OYEES OF TIlE CITY OF CYPRESS. RESOI,UTION NO. 112 A RESI)I,IITION OP THE CITY COUNCIL OF TIlE CITY OE CYPRESS, IiX OFFICIO BOARD OE DIRECTORS OE THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF TIIE CITY OE CYPRESS, AMENDING RESOLUTION NO. 52, PEI~SONNEI, ROLES AND REGULATIONS FOR I)ISTR[CT EMPLOYEES, CID\PTERS 5, 6, 8, 9, 10, 11, 12, 13 14 ,%ND 16, CONCERNING OVERT[ME, IIOLIDAYS, C3LL BACK PAY, COIJRT TItlE, AND TRAINING TIME; RE3ECTION OF A PROBATIONARY EHPEOYEE; VACATION ACCRUAL AND CESSATION OF ACCRUAl, OF VACATION; ON-THE-JOB INJURY; AUTHORIZED LEAVE OF ABSENCE WITII01JT PAY; JURY DUTY; $11SPENSION; GRIEVANCE PROCEEDINGS; D[SI'RICT RIG}iTS; EDUCATIONAL INCENTIVE PAY; AND INCOMPATIBLE ~SCTiVITIES FOR EMPI,OYEES OE TIlE CYPRESS RECREATION AND PARK DISTRICT. Thc motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 CODNCILMEMBERS: 1 COIlNCiI,blEblBERS: 0 CODNC[LMEMBERS: Lacayo, Mullen, Rowan & Evans Coronado None -lO- City Council Minutes March 23, 1981 CONTINUATION OF CONSIDERATION OF REQUEST OF THE ORANGE COUNTY CHAPTER OF THE BUILDING INDUSTRY ASSOCIATION OPPOSING TAX SUBSIDIES TO POLITICAL ACTION GROUPS: ~e City Manager presented a report dated March 19 which transmitted a reworded Resolution which was requested by the Council at the March 9 meeting. It was moved by Councilman Lacayo and seconded by Councilman Coronado to adopt the Resolution by title only, title as follows: RESOLUTION NO. 2372 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS OPPOSING THE M3UqDATING OF SOCIAL IMPACT SUITS AND DECLARING THAT IF SAID MANDATING IS NOT TERMINATED THE CITY WILL RECO~4END TO ~IE OP~GE COUNTY BOARD OF SUPERVISORS THAT FUNDS TO THE LEGAL AID SOCIETY BE DISCONTINUED. The motion unanimously carried by the following roll call vote: AYES: S COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCIL~MBERS: None The City Manager requested that Item #24, Continuation of Consideration of Resolu- tion Establishing Management Salaries, be continued to the Executive Session. CONSIDERATION OF ADOPTION OF AN ORDINANCE PROHIBITING DRINKING IN PUBLIC AND L~REASONABLE NOISE: ~e City Manager presented a report dated March 19 which transmitted the Ordinance drafted by the City Attorney. 't~e Council held discussion on the Ordinance. Councilman Rowan stated that presently drinking of alcohol by adults is allowed under certain circumstances on City parks and there have not been excessive problems with such use. He recommended deletion of this restriction from the Ordinance. He recommended that the Ordinance address the problem of drinking in public parking lots. Councilman Lacayo stated he did not wish to place a res- triction on residents drinking on their own property. Chief Duke reported that there are laws covering drinking by minors which do not cover drinking by adults. ~e City Attorney suggested that an ordinance could be drafted which addresses drinking of alcohol on public or private parking lots excluding one owned by the individual. Com~cilman Mullen stated he would support such an ordinance. It was moved by Councilman Mullen and seconded by Com~cilman Lacayo to direct the City Attorney to draft an Ordinance addressing a prohibition against drinking of alcohol on public or private parking lots excluding one owned by the individual. ~e motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, >iullen, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Rowan & Ewms CONSIUERATION OE SUMMER NEWSLETTER: 'l~ae City Manager presented a report dated March 19 which outlined topics proposed to be included in the sunm~er newsletter. It was moved by Councilman Coronado and seconded by Councilman Mullen to approve the topics for inclusion in the summer issue of the newsletter as presented in the staff report, and direct staff to employ a professional writer for its completion. Mayor Evans stated she objected to publishing the next newsletter without the City seeking bids for the design and writing of the newsletter. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 1COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen & Rowan Evans None Mayor Evans requested that staff investigate obtaining bids for the writing and design of the City newsletter. Councilman Lacayo requested that staff contact the graphic arts departments of local colleges to determine their interest in providing design services for the newsletter. -ll- City Council Minutes March 23, 1981 CONSIDERATION OF REORGANIZATION OF THE BUILDING DIVISION: The City Mm~ager pre- sented a report dated March 17 from the Public Works Director which recommended a reorganization of the Building Division personnel following the retirement of the Building Superintendent. The City Council agreed to continue this item to the April 6 Council meeting. CONSIDERATION OF APPROVAL OF COY~qERCIAL WARRANT LIST: It was moved by Co~mcilman Coronado and seconded by Councilman Lacayo to approve the Warrant List for Warrants #57997 through #58151 in the total amount of $443,205.23. The motion unm~imously carried by the following roi1 cai] vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILblEMBERS: Coronado, Lacayo, }lullen, Rowan & Evans None None CONSII)ERATION OF APPROVAL OF GIFT CATALOGUE: ~e City Manager presented a report from the Recreation & Park Director dated March 17 which indicated the Recreation & Park Commission recommended approval of a gift catalogue program for the District and the formation of an ad hoc con~ittee of private individuals to pursue the development of a fmmdation to promote the gift catalogue. ~e report transmitted examples of gift catalogues. The staff explained the operation of the gift catalogue program. '~e City Council agreed to continue this item to the budget workshop meetings. CONSIDERATION OF ALLOCATION OF FUNDS AND AWARD OF CONTRACT SERVICES AGREEMENT FOR CYPRESS' 25'1~ BIRTHDAY CELEBRATION: The Ci-ty Manager presented a report from the Recreation & Park Director dated March 18 which recon~ended that an allocation of $4,000 be made as seed money to cover initial expenses for Cypress' 25th birthday celebration activities. The Director also recommended the employment of a promotion consultm~t and attached to the report was a proposal from Michael Bower & Associates. The Council held discussion on the consultant's proposal and specifically the out- of-pocket expenses. Com~cilman Mullen felt the proposed contract should include a cap on out-of-pocket expenses. Staff reported that out-of-pocket expenses would not be incurred without prior staff approval. Cmmci]man Lacayo expressed objection to use of an outside promotional consultant and felt the birthday celebration should be supported and planned by a grassroots community effort through involvement of commm~ity clubs and organizations. He suggested that City Commissioners be re- quested to perform the necessary staff support services as identified in the consul- tant's proposal. Mayor Evans felt there may be difficulty in finding persons with the time and expertise to devote to this project to make it successful. It was moved by Com~cilman Lacayo and seconded by Cmmcilman Coronado, that the City Comic!l, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, direct staff to contact the City Commissions and community clubs and organizations and request their involvement in providing staff support services for the City's 25th birthday celebration. The motion carried by the following roi1 call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: I COUNCILblEMBERS: 0 COiJNCILMEMBERS: Coronado, Lacayo, Mullen & Rowan Evans None It was moved by Councilman I,acayo and secoaded by Councilman Mullen that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, allocate $4,000 from the City General Fund to Account #10-4187-117.02 (CommuMty Promotion) For initial £undlng £or the Cypress 25th Birthday Celebration. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: S COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILb~MBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None The City (]otu~cil agreed to waive the 11:30 p.m. adjoum~ment time and to continue with the agenda items. -12- City EounciI Minutes March 23, 1981 CONSII)EItVI'iON OF RESOI. UTION APPROVING APPLICATION FOR ROBERTI-Z'BERG URBAN, OPEN SPACI! BLOCK CRANT [:OR PARKS REIIABILITATION PROJECTS: The Recreation & Parks Director presented a report dated March 18 which reconm~ended that tile Council approve the block grant application for funding for improvements at Pinewood, W211ow and Ever- green Parks, It was moved by Conncilman Mullen and seconded by Councilman Lacayo that the Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, adopt the Resolution by title only, title as follows: I~SOLIlTION NO. II3 A RESOiAfTION 01: 'File CITY COUNCIl, OE TIlE CITY OE CYPRESS, ACTIN(; AS TIlE EX OFFICIO GOVERNING BOARD OE DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICF, A SUBSIDIARY I)ISTRICF OF TIlE CITY OF CYPRESS, APPROVING THE BI,OCK GRANT APPLICATION EOR GRANT FUNDS UNDER TIlE ROBERTI-Z~BERG URBAN, OPEN SPACE AND RECREATION PROGRAM FOR PARKS REItABILITATION PROJECTS. 'l~e motion unantmously carried by the following roll call vote: AYES: 5 COUNCI LMEMBERS: Coronado, NOES: () COIJNC1LMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Lacayo, Mullen, Rowan & Evans Councihnan Rowan advised the staff of some repairs whid~ are needed at Oak Knoll Park, and requested that they be completed. CONSII)ERATION OF APPROVAL OE RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Lacayo and seconded by Councilman Mullen to approve the Uistrict Warrant List for Warrants 012913 through #12978 in the total amount of $27,504.09. ~e motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCII,MI!MBERS: 0 COUNCILblEMBERS: 0 COIINCILbIEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None The City Council agreed to invite the cable television companies, consultants and individuals involved in cable TV to the CoLmcil meeting on Monday, April 6, at 6:00 p.;~. in order for them to make brief presentations to the City Council. EXECUTIVE SESSION: Hayer Evans called an Executive Session at 12:00 a.m. for matters of personnel and litigation. 'Dm meeting was called back to order at 1:14 a.m. wSth all Councilmembers present. CONTINOATION OE CONSIDERATION OF RESOLUTION ESTABLISttlNG blANAGEblENT SALARIES: It was moved by Councilman Lacayo and seconded by Councilman Mullen to adopt the Resolution hy title only, title as follows: RESOLIITION NO. 2375 A RESOLUTION OF 'FilE CITY COUNCIl, OF TIlE CITY OF CYPRESS ESTABI,ISHING SALARIES EOR CITY EMPI,OYEES DESICCATED AS MANAGEMENT PERSONNEL. ri~e motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILb~;MBERS: 0 COUNCIL}~EMBERS: 0 COUNCIL~bIBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None ADJOURNMENT: Hayer Evans adjourned the meeting at 1:15 a.m. to Monday, March 30, at 7:00 p.m. in the administrative conference room. MAYOR OF THE CITY OF CYPRESS ATTE ST: CI~--~-~Z'~TilE, ERK OF ' ' '- ~- cITY CITY OE CYPRESS -13-