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Minutes 81-04-27MINUTES OF A REGULAR MEETING OF TIlE CYPRESS CITY COUNCIL HELD April 27, 1981 The regular meeting of the Cypress City Commil was called to order at 6:30 p.m. on Monday, April 27, 1981 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Vickie Evans presiding. PRESENT: ABSENT: Councilmembers Coronado, Mullen, Rowan and Evans Councilman Lacayo 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: The City Attorney led the pledge of allegiance. PRESENTATIONS: Mayor Evans read a resolution adopted at the April 13 Council meeting and presented it to Cypress resident Steve Love commending him for providing first aid to a young girl who was seriously cut by glass at her home. ORAL COMMUNICATIONS: Mayor Evans asked if anyone wished to speak in regard to any matter not on the agenda. Mr. Gregory Diaz, 6121 Barbados, Cypress, a member of the Orange County Citizens Direction Finding Commission, presented the Council with copies of their annual report and reported on several activities in which the Commission is involved. He invited the Council to a special presentation on the history of Orange County which will be made by the Irvine Company at the Commission's next meeting on May 4. COUNCILMAN LACAYO ARRIVED AT 6:40 P.M. Mayor Evans read a statement regarding her resignation from the City Council, which will be effective May 1, indicating that her resignation from City Council responsi- bilities was because of her family commitments. The Mayor introduced her two children, Tammie and Robbie, and thanked them for their support during her community involvement, and she thanked her friends for their support and encouragement. Mayor Evans expressed the wish that elected officials in Cypress make decisions which are in the best interests of the community as a whole, and concluded by praising the dedicated professional staff of the City. Mayor Evans requested that the Council take Item #20 out of order relating to her resignation. It was moved by Councilman Mullen and seconded by Councilman Coronado that the Council accept Mayor Evans' resignation with regret. The motion mmnimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None It was moved by Councilwoman Evans and seconded by Councilman Lacayo to elect Councilman Mullen as Mayor. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Evans, Lacayo and Mullen NOES: 1COUNCILMEMBERS: Rowan ABSENT: 0 COUNCILMEMBERS: None ABSTAINING: 1COUNCILMEMBERS: Coronado At this time Mayor Mullen presented Councilwoman Evans with a community service plaque and a plaque with a gavel in appreciation for her service on the Council and her term as Mayor. COUNCILWOMAN EVANS LEFT THE MEETING AT 6:45 P.M. City Council Minutes April 27, 1981 Councilman Lacayo moved to nominate Councilman Coronado as Mayor Pro Tem. It was moved by Councilman Rowan and seconded by Councilman Lacayo to close nomina- tions and to elect Councilman Coronado as Mayor Pro Tem by acclamation. ~t~e motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Evans ABSTAINING: 1COUNCILMEMBERS: Coronado CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR PRINTING AND TYPESETTING OF THE CYPRESS RECREATION & PARK DISTRICT'S SUMMER BROCHURE, fLEQUEST FOR QUOTATION #8081-14RP: ~e City Manager presented a report dated April 21 which transmitted a report from the Recreation & Park Director dated April IS explaining the cost differences between a 16 and 20 page brochure. It was moved by Comlcilman Lacayo and seconded by Commilman Coronado that the Com~cil, acting as the ex officio Board of Directors of the Cypress Recreation and Park District~ accept the bid of First Impression Typesetting Service, 6950 Aragon Circle, #6, Cypress, as the lowest responsible bidder and award them the contract per their quotation. ~e motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILbiEMBERS: Coronado, Lacayo, Rowan & Mullen None Evans CONSIDERATION OF AWARD OF CONTRACT FOR WORD PROCESSING SYSTEM, REQUEST FOR QUOTATION #8081-36: The City Manager presented a report dated April 20 which outlined ten bids received. Councilman Lacayo had questions concerning the potential uses of the word processing equipment and requested that the item be continued to the budget sessions. It was moved by Councilman Lacayo and seconded by Councilman Coronado to continue this item to the next budget workshop. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCI Lb~MBERS: 0 COUNCILMEMBERS: 1COI~CILMEMBERS: Coronado, Lacayo, Rowan & Mullen None Evans MINUTES: Cmmcilman Coronado requested that a correction be made to the April 6 minutes to indicate that the Council had agreed to place the issue regarding cable TV as an advisory measure on a future ballot. It was moved by Councilman Lacayo, seconded by Councilman Coronado and unanimously carried to approve the minutes of April 6 as corrected, and to approve the minutes of April 13 and 20. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #81-8, MULTI-PURPOSE ROOM ADDITION~ ST. IRENAEUS CHURCH, 5201 EVERGREEN AVENUE: Mayor Mullen opened the public hearing. ~e Commm~ty Development Director presented a report dated April 20 describing the application by the St. Irenaeus Church to construct a 4~350 square foot multi- purpose building and kindergarten play yard on their property, located in the PS-IA Public and Semi-Public Zone. Staff recommended that the layout of the building be rotated so that the proposed play area is not adjacent to the resi- dences, and recommended approval of the permit subject to three conditions. Fr. John Keller, Pastor of St. Irenaeus Church, described the proposed building and. the designer of the building responded to questions from the Council. The designer reported that the windows would be double-glazed if necessary to meet energy require- ments. He reported that the proposed kindergarten play area located in the 25 foot setback between the new building and residences is presently used as a children's play area. He did not feel the proposed use would increase the noise level. Fr. Keller stated that, whether or not the building is rotated, they intended to use the 25 foot area between the building and the residential wall as a children's play area. -2- (;ity Cou~cil Minutes April 27, 1981 Fr. Keller stated that the 25 by 25 foot U-shaped courtyard area in front of the proposed building would be inadequate to meet the recreational needs of the children at all times. Fr. Keller reported children play during the hours of 9:00 a.m. to noon and noon to 2:30 p.m. Fr. Keller stated that, if the building is rotated, the large room which might produce any noise would face the residences to the west. Fr. Keller stated the new building would be air conditioned, eliminating the need to open doors and windows for ventilation. Mayor Mullen asked if anyone wished to speak in support of the application. No one wished to speak in support. He asked if anyone wished to speak in opposition. Mr. Robert Erickson, 9144 Evergreen, stated five of the eight property owners who abut the Church property were present. He stated they were concerned about an lncrease in noise which may be generated from the new building during evening group activities such as dances, wedding receptions or bingo, or by the congregation of persons outside the building. Mr. Erickson stated the proposed building layout would block the view of the play area from the classroom area which could provide increased opportunities for children to throw objects over the common wall. He felt the l~otential noise and nuisance problems could detract from their property value. Mr. Erickson reported there is presently a problem with children climbing the wall and entering the private yards to retrieve balls and toys, damage to landscaping, and children throwing trash and rocks into the yards. He reported the Church has been contacted about this supervision problem but there has been no long-term improvement. Mr. Erickson suggested four alternate sites for the proposed building and requested that the following conditions be imposed to minimize noise: that the building have no windows left open, that it be air conditioned, and that there be no other outside entrances other than the main entrance and a fire exit For emergencies. Mr. Erickson recommended that~ if the building i.s relocated to the northeast corner of the grass field, with the entrance facing Grindlay, an 8 to 10 foot wide buffer zone be provided between the building and residences and a 6 foot high chain link fence. Mr. Mike Fogerty, 5121 Evergreen, stated the noise level will be distracting if the building is used for evening social activities such as dances or receptions or ~f persons congregate in the U-shaped courtyard. He reported that evening activities in the existing multi-purpose hall create a substantially high noise level for the eight residences. He indicated he would prefer one of the alternate locations. Councilman Lacayo suggested that the hearing be continued to allow the applicant and neighbors an opportunity to meet and work out a compromise proposal. Fr. Keller reported the new building would not be used for dances or receptions. lie reported there would be one large room to seat 100 adults for instructional purposes. This learning center room would be an annex to the school and also used for the kindergarten class. Fr. Keller agreed to meet with the adjacent homeowners. Mr. Fogerty stated the homeowners would not object to a meeting with the applicant. Mrs. Sue Bradford, 5111 Evergreen, felt the residents may have a loss of privacy if the proposed building has windows facing their property. it was moved by Councilman Lacayo and seconded by Councilman Coronado to continue the public hearing regarding Conditional Use Permit #81-8 to the May 11 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen None Evans RECESS: b{ayor Mullen called a recess at 7:45 p.m. The meeting was called back to order at 8:00 p.m. with Cotmcilwoman Evans absent. Hearing no objections, Mayor Mullen persons in the audience. The Mayor sideration of Item #21. took Item #21 out of order for the benefit of continued the Public Hearings until after con- CONSIDERATION OF COMMUNICATION RE: NEIGHBORHOOD PROBLEM IN THE RESIDENTIAL AREA NORTH OF CRESCENT AVENUE: The City Manager presented a report dated April 21 which transmitted a communication from Mrs. Force who requested an opportunity to discuss the neighborhood problems of vandalism and harassment in the Glenpark tract. The -3- ~itJ Council Minutes April 27, 1981 City Manager stated the Police Department was aware of some of the problems, they had instituted special patrolling of the area, and a neighborhood meeting had been held. Mrs. Phyllis Force, 8051 Acacia Street, Cypress, reported that a problem of harass- ment by teenagers in her area began four years ago and that vandalism and harassment continue to be daily problems. She reported there has been $4,000 worth of property damage to her home on seven occasions. Mrs. Force described incidents of property damage in the neighborhood, harassment, loitering during late evening hours, theft of appliances and other property from homes, slashed tires, trees and trash cans set on fire, obstruction of traffic, and loud motorcycles speeding up and down the street. Mrs. Force reported that a group of 12 to 18 teenagers is involved. She reported that last week her home was vandalized for over $750 worth of damages by five youths between the ages of 12 and 15, and all five youths admitted to the police that they had been responsible. Mrs. Force stated that without proof they cannot prosecute or recover their damages. Mrs. Force stated the residents have tried talking to the teenagers and their parents personnally but it has not helped the situation, nor has the filing of police reports helped. She requested assistance from the City Council. Mr. Harold Umholtz, 4381 Pearl Court, Cypress, stated most of the persons in the audience live in the Glenpark tract. He stated the residents need ideas on how to control the problems and he suggested a concentrated police effort similar to that used to control similar problems in the south part o~ Cypress. Mr. Umholtz stated one home was being used presumably for marijuana sales. Mr. Albert Kemp, 8291 Acacia Street~ reported that speeding, noisy and reckless driving occurs in the neighborhood and the motorcycle noise is unbearable. He reported that the last week has been ideal because the police have been visible and have issued warnings or citations. Mr. Kemp stated residents in the area are aware of the times that drug dealing is occurring at the one home. He asked if there were laws regarding loitering on private property. Mr. ,Jeff Owens, 8412 Carob Street, Cypress, felt the oleander landscaping on Carob would collect a lot of debris and indicated he would prefer more police protection to the landscaping, tle reported that damage has been done to his home. Councilman Lacayo requested a report from the Police Chief on the nature and number of violations which have occurred in this neighborhood. Chief Duke generally des- cribed the types and numbers of arrests made and stated the Police Department has isolated five homes where the teenagers congregate. He reported that arrests were made for drunk driving, resisting arrest, burglary and being drunk in public. Chief Duke reported the Police Department planned to implement the same techniques used in the south part of Cypress. He reported that additional officers have been assigned to the area, resulting in arrests, citations and information coming into the depart- Mr. Tom Force, 8051 Acacia Street, asked if there was an ordinance which would prevent the teenagers from congregating on private properties, and whether curfew could be enforced. The City Attorney responded that curfew is not applicable to occupied private property except if there is a disturbance of the peace~ and that constitutional rights allow the assembly of a large number of people unless it results in a disturbance of the peace. Mr. Murphy stated the State Penal Code addresses a disturbance of the peace but enforcement requires a complaint, witnesses and evidence. The City Attorney stated that ordinances could be drafted to address problems which are not presently covered in the Penal Code or City Code. Councilman Lacayo recommended that the Police Department intensify their patrol of this area and maintain liaison with persons involved in Neighborhood Watch and encourage them to continue with Watch meetings. He requested that staff transmit a letter to all residents in the area identifying the types and numbers of violations which have occurred, making them aware of the Council's support, and informing them of proper methods to contact the Police Department when violations are occurring. Mr. Jeff Owens stated he would support an ordinance which requires juveniles to remain in jail for several days after they are arrested and makes their parents responsible for the costs. -4- City Council Minutes April 27, 1981 Mr. Umholtz stated the Glenpark tract does not have a Neighborhood Watch program but he hoped one would be formed~ with a Councilmember or the Police Chief to assist them. Mr. Umholtz requested that the Police Department provide aggressive enforce- ment of all violations in his neighborhood. Chief Duke stated the two extra Police Officers would be assigned to the area for an indefinite period of time until the problems are resolved to an acceptable level. He invited residents of the area to participate in a ride-along with a Cypress Police Officer. Mr. A1 Williams, 5441 Nelson~ Cypress~ inquired about citizen arrests. Mr. Williams suggested that guard dogs, such as Dobermans, can be helpful. Following discussion by the Council, it was moved by Councilman Lacayo and seconded by Councilman Rowan to direct the Police Department to intensify and continue their patrol of the area as described by Chief Duke, direct the staff to draft a letter citing the problems that have been reported to the Council~ with the letter to be sent to each homeowner in the area and to include information on the Neighborhood Watch Program and fact that a Neighborhood Watch Program is in the process of being established, inform the residents that the Council will spend police power to resolve the problems and request the residents' assistance, and request a status report at the May i1 Council meeting including a report regarding arrests made. ~e motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado~ NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Evans Lacayo, Rowan & Mullen CONTINUATION OF PUBLIC HEARING RE: SPECIFIC PLAN #81.-1, CYPRESS LAND COMPANY (SOUTH OF KATELLA BETWEEN VALLEY VIEW & KNOTT STREETS): Mayor Mullen opened the public hearing. The Community Development Director presented a report from the Administra- tive Coordinating Team dated April 20 which responded to the proposal made by Cypress Land Company at the joint Council meeting on March 30. Mr. Richard Meyer, representing Cypress Land Company, stated their intent in pro- posing the development agreement was to satisfy the City's requirements and enable Cypress Land to proceed with development of their property adjacent and westerly of Holder Street. He stated Cypress Land did not feel the 30 acres east of Valley View would support commercial use, but that they would agree to the two-year waiver period if they may proceed with the industrial development. Mr. Meyer stated that rezoning the 30 acres to commercial would be an unworkable situation for them. Mayor Mullen asked if anyone else wished to speak in support or in opposition to the Specific Plan. No one else wished to speak. Councilman Coronado moved to approve the rezoning of the 30 acres south of Katella, between Valley View and Hope Street, to CG-10,000 Commercial General, and that streets within this area be private streets. The motion was not seconded. Mr. John Howitt, attorney representing Cypress Land, stated it was his understanding that the Council would be considering only the development agreement ordinance at tonight's meeting. Mr. Meyer stated Cypress Land was going to request that the development agreement ordinance and report on expenditures relating to street maint- enance be continued from this meeting to a work session for further discussion. Councilman Lacayo asked on what basis the City could rezone the 30 acres for commer- cial use without being challenged by the property owner. The City Attorney stated that a city's General Plan and Zoning Ordinance could be subject to challenge by a property owner who felt the zoning applied to his property was an invalid exercise of the city's police power. He reported that in a recent U.S. Supreme Court decision, five judges suggested that a property owner has a right to recover damages if a community imposed regulations that constitute an unwarranted burden leaving the property owner with no economic use of his property. Mr. Murphy stated the Council should consider the information which has been presented by Cypress Land and other property owners in the south part of the City during the course of the Council meetings ~en it attempts to determine how much commercial development can be reason- ably expected. Com~cilman Lacayo stated he was not prepared at this time to support the rezoning oF 30 acres for commercial use. ~t~Cotmc~l Minutes April 27, 1981 Mr. Brian llarvey~ a partner with Cypress Land Company, stated the findings of their economic real estate consultants showed the property would support only 16 acres of commercial use. Mr. Harvey stated he favored a development agreement because it would show both the City and Cypress Land where they stand in a few years. Mr. ltarvey stated he would like the Council to make a determination with regard to his entire property, lie stated he would continue to work to seek con~ercial tenants. Councilman Coronado stated he felt two years was too short a period of time to seek con~ercial users. Mayor Mullen stated he would like more discussion of the develop- ment agreement concept and issue regarding the dedication of streets and he suggested that another work session be scheduled. It was moved by Mayor Mullen and seconded by Councilman Lacayo to continue the public hearing regarding Specific Plan #81-1 to a workshop meeting on Wednesday, April 29, at 7:00 p.m. in the administrative conference room. The motion unani- mously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Lacayo, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Evans Rowan & Mullen The Council also decided to schedule a budget workshop for the April 29 meeting. CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #81-5, ABC ANIMAL HOSPITAL~ 9121 WALKER STREET: Mayor Mullen opened the hearing. The Community Development Director presented a report dated April 21 indicating the applicant was unable to be present at this meeting. He suggested that the permit application be withdrawn or denied without prejudice by the Council. Mr. A1 Williams, 5441 Nelson Street, Cypress, requested that the neighbors in the area be notified when this item is on the Council's agenda. It was moved by Councilman Lacayo and seconded by Mayor Mullen to close the public hearing and adopt the following Resolution by title only, title as follows~ denying Conditional Use Permit #81-5 without prejudice, and that, if the applicant reapplies, the Council consider waiving the filing fee and renotify the persons who signed the petition of the date when the hearing is rescheduled: RESOLUTION NO. 2379 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING CONDITIONAL USE PEP~4IT NO. 81-5. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen None Evans PUBLIC HEARING RE: A~NDMENT TO THE ZONING 0RDIN~dqCE NO. 81-1, DEVELOPMENT AGREE- MENTS: Mayor Mullen opened the public hearing. The Community Development Director presented a report dated April 20 which transmitted an Ordinance which would amend the Zoning Ordinance and adopt procedures for the processing of development agree- Mayor Mullen asked if anyone wished to speak in support or in opposition to adoption of the Ordiuance. No one wished to speak in support or in opposition. It was moved by Councilman Lacayo and seconded by Councilman Rowan to close the public hearing, order the following Ordinance read by title only, title as follows, and approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTION 20, "DEVELOPMENT AGREEMENTS", TO ORDINANCE NO. 640, THE ZONING ORDINANCE OF SAID CITY. -6- City Council Minutes April 27, 1981 The motion unanimously carried by the following roll call vote: AYES: 4 COUNCIL~4EMBERS: Coronado, NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Evans Lacayo, Rowan & Mullen CONSENT CALENDAR: Mayor Mullen 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 regarding each item. Councilman Coronado requested that Item #7 be removed from the Consent Calendar. It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve Items #4 through #i1 on the Consent Calendar with the exception of Item #7. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado~ Lacayo~ NOES: 0 COUNCILMEMBERS: None ABSENT: 1COUNCILMEMBERS: Evans Rowan & Mullen Item #4: ~{otion to Introduce and/or Adopt Ail Ordinances Presented for Considera- tion by Title 0nly, and to Waive Further Reading. Item #5: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Noboru Jim and Anne Asato, DBA Sasa Restaurant, 4009 Ball Road, Cypress. Recommendation: Receive and file. Item #6: Consideration of Extension of Contract for the ~odification of Traffic Signals on Lincoln Avenue from Bloomfield Street to Knott Street, City of Cypress Project #7927-50. Recommendation: That the City Council approve Grissom & Johnson's request for a thirty (30) working day extension of time, with the project to be completed by June 5, 1981. Item #8: Consideration of Approval of Agreement Between the City of Cypress and the City of Buena Park for Maintenance of Traffic Signal at the Intersection of Lincoln Avenue and Valley View Street, City of Cypress Project #7927-50. Recommendation: That the City Council approve the Agreement between the City of Cypress and t~e City of Buena Park for maintenance costs of the traffic signal at the intersection of Lincoln Avenue and Valley View Street, and authorize the Mayor to sign and the City Clerk to attest the signature, subject to the approval of the City Attorney. Item #9: Consideration of Request from the Cypress Chamber of Commerce to Sponsor t-~"Miss Cypress" Pageant. Recommendation: That the City Council concur with the request of the Cypress Cham- ber of Commerce in their sponsorship of the annual "~iss Cypress" Pageant. item #10: Consideration of Citizen Participation Plan (Timetable of Events) for the Eighth Year Housing & Community Development Block Grant Program. Recommendation: That the City Council approve the Citizen Participation Plan for the Eighth Year Housing & Community Development Block Grant Program. Item #11: Consideration of Declaring June as Recreation and Park Month in the City of Cypress. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, proclaim June 1981 as "Recreation and Park Month" in Cypress consistent with the declaration by the National Recreation and Park Association. In regard to Item #7 removed from the Consent Calendar, Consideration of Approval of Plans and Specifications and Authorization to Advertise for Bids for the Sidewalk Addition to the Juanita Street Bridge over the Carbon Creek Channel, City of Cypress -7- City Council Minutes April 27, 1981 Project #8030-10, Councilman Coronado asked if the proposed sidewalk would be level with the bridge if the bridge is enlarged and improved some time in the future. Mr. Schatzeder stated the walkway would be level with future bridge improvements; however, the bridge improvements may be delayed for a long time because of the lack of funding available for bridge rebuilding, tie stated the ultimate improvements may combine the bridge and walkway as one structure. It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve the Plans and Specifications for the sidewalk addition to the Juanita Street Bridge over the Carbon Creek Channel, Project #8030-10, and authorize the City Clerk to advertise for bids, with bids to be opened on May 26 at 2:00 p.m. in the office of the City Clerk. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCI LMEMBERS: Coronado, NOES: 0 COUNCILb~MBERS: None ABSENT: 1COUNCILMEMBERS: Evans Lacayo, Rowan & Mullen CONTINUATION OF CONSIDERATION OF STATUS REPORT ON THE CYPRESS BOYS' CLUB: The City Manager presented a report dated April 21 which transmitted materials from the Boys' Club which the Council had requested at the April 13 meeting. Transmitted were a proposed lease agreement and a communication addressing the status of the Anderson trust fund. Mr. Steve Hoffman, President of the Board of the Boys' Club, Mr. Don Lusk, Executive Director, and Mr. Milton Yates, Chairman of the Boys' Club Lease Committee, held discussion with the Council and responded to questions concerning the status of the Anderson trust. Mr. Hoffman stated that if the Council denied the relocation of the Moody/Cerritos building to the park site property and the Club had to relinquish the building, the Club would lose its share of the final distribution of trust funds when the trust is dissolved in the near future. Mr. Hoffman stated he was unaware of a scheduled date for dissolvement of the trust, but he felt there was a definite term of existence for the trust. Mr. Lusk reported that when the trust is dissolved, approximately $3 and a half million will be divided among 36 Boys' Clubs in Orange and San Diego Counties. ~le City Attorney stated for the record that his understanding of the lease between the City and Boys' Club was that the Boys' Club has the right to remove the building from the property for a limited time period following termination of the lease if the building will be used for youth activity purposes for the benefit of the Cypress community. He felt the City's right was superior to that of the Anderson trust. Mayor Mullen expressed concern that the Anderson trust was unable to produce docu- mentation of their rights. Mr. Hoffman stated the City Attorney's interpretation of the lease was correct; however, the Boys' Club felt that if the building was used for non-Boys' Club purposes the Boys' Club would lose its funding. Councilman Coronado requested clarification of the terms of the trust and whether the Boys' Club was in jeopardy of losing funding. He also indicated he would oppose moving the building to the Myra/Moody property. Mr. Yates stated the Boys' Club would like a long-term lease for the Moody/Myra property since contributors are unwilling to contribute based on a short-term lease. Councilman Rowan requested that the Boys' Club determine the minimum number of years they could operate under a long-term lease. It was moved by Com~cilman Lacayo and seconded by Mayor Mullen to continue this matter to the May 11 meeting and request that the Boys' Club present a plan for relocation of the building at Moody/Cerritos and documentation outlining the Club's agreement with the Anderson trust. Following further discussion, the motion was amended to continue this matter to the May 26 meetings with the Boys' Club directed to submit the materials requested by the Council. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen None Evans CONTINUATION OF CONSIDERATION OF STATUS OF OXFORD JR. HIGH SCHOOL FACILITY DISCUS- SIONS: The City Manager presented a report dated April 21 outlining the results of his April 15 meeting with Mr. Lattimer of the Anaheim Union High School District. -8- City Council Minutes April 27, 1981 ~e City Manager reported that the School Board had directed their staff to meet with City staff and explore a lease for all of the land and buildings on the Oxford site, under the provisions of Education Code Section 39470 which sets a limit for the lease period of five years with options for renewal. ~e School District would allow the City to enter into subleases for portions of the facility which the City does not need, and expressed a desire that the final lease agreement be completed by July 1. ~e District reserved the right of approval of major structural changes to ensure that the facility could be reconverted for use as an educational institution if necessary at a later date. It was moved by Councilman Lacayo and seconded by Councilman Coronado to authorize the City Manager and City Attorney to proceed with negotiating with the Anaheim Union High School District's staff for the preparation of the lease agreement for the Oxford Jr. High School facility. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen None Evans CONTINUATION OF CONSIDERATION OF SU~ER NEWSLETTER DRAFT: The City Manager presented a report dated April 20 which transmitted the final draft of the newsletter which incorporated changes recommended by the Council. Mayor Mullen requested that staff delete any articles which are out-dated. It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve the final draft of the summer newsletter articles as submitted. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Lacayo~ NOES: 0 COUNCILMEMBERS: None ABSENT: 1COUNCILMEMBERS: Evans Rowan & Mullen CONSIDERATION OF RESIGNATION OF M~YOR VICKIE EVANS: The City Manager presented a report regarding this matter dated April 21. Mayor Mullen requested that the matter regarding City Council appointments be placed on the May 11 agenda. It was moved by Mayor Mullen and seconded by Councilman Lacayo that the Council advertise for applicants for the vacant Council position through newspaper announce- ments and set May 15 as the deadline for receiving applications. The City Attorney pointed out that the City Charter allows a 30 day period, following a resignation, for the Council to fill a vacancy on the Council by an appointment. lie reported that in the absence of an appointment, the earliest date to hold an election would be November 3, 1981, if the Council follows General Law provisions. motion to seek applications failed to carry by the following roll call vote: AYES: 2 COUNCILMEMBERS: Lacayo & Mullen NOES: 2 COUNCILMEMBERS: Coronado & Rowan ABSENT: 1COUNCILMEMBERS: Evans CONSIDERATION OF ATTENDANCE AT THE ~J~NUAL CABLE TELEVISION CONVENTION: The City Manager presented a report dated April 21 which transmitted the convention program schedule. He reported that the registration cost for City officials was $250, not $450. It was moved by Councilman Lacayo and seconded by Mayor Mullen to authorize the Assistant to the City Manager to attend the cable TV annual convention on May 29 - Jane 1. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, NOES: 0 COUNCILMEMBERS: None ABSENT: 1COUNCILMEMBERS: Evans Lacayo, Rowan & Mullen -9- City Council Minutes April 27, 1981 CONSIDERATION OF LEGISLATIVE BULLETIN #11 FROM THE LEAGUE OF CALIFORNIA CITIES DATED APRIL 10, 1981: The City Manager presented a report dated April 20 which recommended that the Council oppose three pending State bills. It was moved by Mayor Mullen and seconded by Councilman Lacayo to direct staff to prepare responses for the Mayor's signature to the appropriate officials expressing the City's opposition to AB 1192 - Municipal Debt Advisory Committee (Costa); oppo- sition to AB 950 - State Highway Financing (Imbrecht); and opposition to SB 469 - Collective Bargaining, Retirees (Russell). The motion m~animously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen None Evans CONSIDERATION OF APPROVAL OF CO~ERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve the Warrant List for Warrants #58315 through #58446 in the total amount of $693~447.26. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, NOES: 0 COUNCILb4EMBERS: None ABSENT: 1 COUNCIL~EMBERS: Evans Lacayo, Rowan & Mullen SECOND READING OF ORDINANCE RE: PROHIBITION OF DRINKING IN CERTAIN PUBLIC PLACES: It was moved by Councilman Lacayo and seconded by Council'm~n Coronado to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 677 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTION 17-40 TO THE CODE OF THE CITY OF CYPRBSS PROHIBITING DRINKING IN CERTAIN PUBLIC PLACES. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen None Evans CONSIDERATION OF REVISION OF FEES AND CHARGES FOR THE 1981 SUeR PROGRAM: The City Manager presented a report from the Recreation ~ Park Director dated April 15 out- lining the Recreation Commission's proposed program/class fee increases for the summer program of 1981. Councilman Lacayo requested that the Recreation Commission submit a policy statement to the Council regarding the method of increasing fees and whether they are intended to make programs self-sustaining or provide revenue to the District. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Lacayo and seconded by Mayor Mullen to accept the recom- mendations of the Recreation & Community Services Commission and approve the proposed fees and charges revisions for the 1981 summer program. ~e motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen None Evans CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT CO~dERCIAL 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 Coronado to approve the District Warrant List for Warrants #13047 through #13078 in the total amount of $20,134.67. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Evans Lacayo, Rowan & Mullen -10- City Council Minutes April 27, 1981 RECESS: Mayor Mullen called a recess at 10:50 p.m. in order for the Council to consider the Community Redevelopment Agency matters on the agenda. The meeting was called back to order at 10:56 p.m. with Councilwoman Evans absent. EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 10:56 p.m. to discuss matters of litigation. The meeting was called back to order at 10:59 p.m. with Councilwoman Evans absent. ORAL COMMUNICATIONS: There were no oral communications presented at this time. STAFF REPORTS & DISCUSSION: The City Manager reported that the Cypress Chamber of Commerce had offered to act as the recipient of donations for Cypress' 25th anniver- sary celebration. It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried that this matter be placed on the April 29 agenda. ADJOURNMENT: Mayor Mullen adjourned the meeting at 11:00 p.m. to Wednesday, April 29, at 7:00 p.m. in the administrative conference room. MAYOR OF THE CITY OF CYPRESS ATTEST: cITY'c~E~K OF THE CItY OF CYPRESS -11-