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Minutes 81-05-26MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 26, 1981 The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Tuesday, May 26, 1981 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tem Cornelius Coronado presiding. PRESENT: ABSENT: Councilmembers Coronado, Lacayo and Rowan Mayor Mullen Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following City staff members:Barrett, Davenport, Dalesandro, DeCarlo, Jones, Powell and Shumard. PLEDGE OF ALLEGIANCE: Eagle Scout Carl Houghton led the pledge to the flag. ORAL COMMUNICATIONS: At Councilman Lacayo's request, Mayor Pro Tem Coronado added Item #26 to the agenda concerning the election to fill the Council vacancy. The City Manager requested that the Council discuss dates for meetings on the Budget, Cable TV, and with Supervisor Wieder. Councilman Rowan requested a staff report at the next regular meeting regarding the City Council's hot line telephone service. PRESENTATION: Mayor Pro Tem Coronado read a resolution adopted at the May 11 Council meeting and presented the resolution to Miss Cypress 1981, Carolyn Turigliatto, who was a runner up in the 1981 Miss California International Beauty Pageant and received the title of Miss California Beauty - 1981. MINUTES: It was moved by Councilman Rowan, seconded by Councilman Lacayo and unanimously carried to approve the minutes of April 29. It was moved by Councilman Rowan, seconded by Councilman Lacayo and unanimously carried to approve the minutes of May 11. STAFF REPORTS & DISCUSSION: Mayor Pro Tem Coronado requested a staff report con- cerning a recent shooting incident in the vicinity of Glenbrook Street and Hanover Drive. Captain Shumard reported on the incident, indicating a car window had been shot out by a BB or pellet gun by a juvenile from the area. Area residents reported that similar incidents had occurred in the past, although not recently. Captain Shumard reported the Police Department would continue its patrol of the neighborhood and attempt to identify the individual in order to take further action. CONSIDERATION OF AWARD OF CONTRACT FOR CONVERSION OF STREET SWEEPERS TO USE OF LPG: The City Manager presented a report from the Public Works Director dated May 15 indicating bids were requested from four vendors and only two bids were received. It was moved by Councilman Lacayo and seconded by Councilman Rowan to determine that Mutual Liquid Gas & Equipment Company, 17117 S. Broadway, Gardena~ California, is the apparent low bidder for the conversion of street sweepers to the use of LPG and award them the contract in the amount of $4,379.54. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, Lacayo & Rowan NOES: 0 COUNCILMEMBERS: None ABSENT: 1COUNCILMEMBERS: Mullen Councilman Rowan requested that staff submit a report after a period of about one year on the economics of the conversion in order for the Council to determine the feasibility of converting other City vehicles to LPG. CONSENT CALENDAR: Mayor Pro Tem Coronado 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. City Co~mcil Minutes May 26, 1981 It was moved by Councilman Rowan and seconded by Councilman Lacayo to approve Items #3 through #14 on the Consent Calendar. The motion ~animously carried by tile following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, Lacayo & Rowan NOES: 0 COUNCILMEMBERS: None ABSENT: 1COUNCILMEMBERS: Mullen Item #3: Motion to Introduce and/or Adopt All Ordinances Presented for Considera- tion by Title Only, and to Waive Further Reading. Item #4: Consideration of Legislative Bulletins #14 and 15 from the League of California Cities Dated May 8 and May 15, 1981. Recommendation: ~lat the City Council direct the staff to prepare responses for the Mayor's signature to the appropriate officials expressing the City's opposition to AB 1721 - Binding Arbitration/Agency Shop (Lockyer); and the City's support of SB 500 - Tort Reform Legislation (Beverly). Ite~n #5: Consideration of Acceptance of Orange Avenue/Denni Street and Orange Avenue/Bloomfield Street Traffic Signals, City of Cypress Project #8104-50. Recommendation: That the City Council accept the Orange Avenue/Denni Street and Orange Avenue/Bloomfield Street signals as being satisfactorily completed in accor- dance with the Plans and Specifications and authorize the City Clerk to release the Labor and Materials Bonds upon expiration of the required lien period providing no liens have been filed and to release the Faithful Performance Bonds upon expiration of one year's guarantee providing no defects in material and workmanship become evident. Item #6: Consideration of Acceptance of Improvements and Release of Bonds for Tract #10411 (Walker Street, West Side, North of Lincoln Avenue). Recommendation: That the City Council accept the public improvements in Tract #10411 as Deing satisfactorily completed in accordance with the Plans and Specifica- tions and authorize the City Clerk to release the Monumentation Bond and the Labor and Material Bond upon expiration of their required lien period, providing no mechanic liens are filed, with the Performance Bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship. item #7: Consideration of Resolution Re: Parents' Responsibility for Actions of Minors. Reconm~endation: That the City Council adopt the Resolution by title only, title as follows, and authorize staff to transmit copies to the appropriate State Legis- lators: RESOLUTION NO. 2389 A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF CYPRESS RECOMMENDING LEGISLATION TO INCREASE PARENTAL RESPONSIBILITY FOR THE MISCONDUCT OF MINOR CHILDREN. Item #8: Consideration of a Request from the Consumer Coalition of California to Support Item Price Marking. Recommendation: That the City Council request the Mayor to transmit letters to the appropriate State Legislators in support of item price marking as requested by the Consumer Coalition of California. Item #9: Consideration of an Amendment to the Agreement between the City of Cypress and the City of Garden Grove for Nutrition Services for Senior Citizens. Recommendation: '~at the City Council approve the amendment to the agreement between the City of Cypress and the City of Garden Grove to provide nutrition services for the period of July 1, 1981 to June 30, 1982 and authorize the Mayor to sign and the City Clerk to attest the subject amendment. -2- City Council Minutes May 26, 1981 Item #10: Consideration of Communication from the Orange County Division of the League of California Cities Regarding Resolutions to be Considered at the June 18, 1981 General Meeting. Recommendation: ~at the City Council go on record in support of the California Partnership Act concept and authorize the City's voting delegate to vote in support of this measure at the ()range County Division League of California Cities' General Meeting of June 18, 1981. Item #il: Consideration of Ordinance Regulating Pawnbrokers and Secondhand Dealers. Recon~endatkon: 'I~at the City Council approve the first reading of the Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF 'File CITY COUNCIL OF THE CITY OF CYPRESS ADDINC SECTIONS 1SD-1 THROUGH 1SD-12 TO TIlE CODE OF THE CITY OF CYPRESS RELATING TO THE REGULATION OF PAWNBROKERS AND SECONDINND DEALERS AND THE REQUIREMENT OF REPORTS THEREFROM. item #12: Consideration of Orange County Cities Risk Management Authority Administrator Office Lease. Recommendation: That the City Council instruct the City Attorney to prepare a lease agreement between the City of Cypress and the Orange County Cities Risk Management Authority for consideration at the next regular Council meeting. Item #13: Consideration of Employment List - Accounting Assistant I. Recommendation: That the City Council certify the employment list for the position of Accounting Assistant I as submitted. Item #14: Consideration of Employment List - Maintenance Worker I. Recommendation: That the City Council certify the employment list for the position of Maintenance Worker I as submitted. CONSIDERATION OF POSITION CLASSIFICATION STUDY: The City Manager presented a report dated May 18 which requested the Council's approval to contract for a posi- tion classification study. Councilman Lacayo expressed concern about the City incurring additional costs as a result of the study and requested a further staff report. It was moved by Councilman Lacayo and seconded by Councilman Rowan to continue the item to the next budget workshop meeting. 'D~e motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Mullen Lacayo & Rowan CONTINUATION OE PUBLIC HEARING RE: CONDITIONAL USE PERMIT #81-8~ MULTI-PURPOSE ROOM ADDITION, SI'. IRENAEUS CHURCtt, 5201 EVERGREEN AVENUE, CYPRESS: Mayor Pro Tem Coronado opened the public hearing. ~e City Manager presented a report from the Community Development Director dated May 19 indicating the hearing was continued from the May 11 meeting to allow the applicant to meet with adjoining property owners to resolve conflicts over placement of the proposed building. A meeting was held and the applicant had submitted revised plans which indicate that the proposed building has been relocated easterly and adjoins the convent building yard area, and the buildkng layout was rotated as previously recommended by staff. Staff recommended approval of the revised plans subject to the previously recom- mended conditions. -3- City Council Minutes May 26, 1981 Fr~ John Keller, 5201 Evergreen, Cypress, representing the applicant, reported a meeting was held about two weeks ago and the Church agreed to one of the alternate locations suggested by the homeowners, and the plans were revised to reflect this. He stated the Church is pleased with the alternate proposal. The Assistant Planner stated staff had reviewed the revised plans and found them acceptable. He reported that a minimum 40 foot separation would be maintained between the new building and adjacent residences. Councilman Coronado asked if anyone wished to speak in support or in opposition to the app!ication. 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 and adopt the following Resolution by title only, title as follows, approving Conditional Use Permit #81-8 subject to the three conditions recommended by staff: I~SOLUTION NO. 2390 A RESOLIJTION OF THE CITY COUNCIL OF TIlE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 81-8 - WITII CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, Lacayo & Rowan NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCI Lb~MBERS: Mul len PUBLIC t~ARING RE: CONDITIONAL USE PERMIT #81-10, OFF-SALE GENERAL LIQUOR AND CONVENIENCE MARKET~ 4772 LINCOLN AVENUE (SUMMER PLACE SHOPPING CENTER): Mayor Pro Tem Coronado opened the public hearing. The Assistant Planner presented a report dated May 18 describing the request to establish a neighborhood convenience store, including the off-sale of general alcoholic beverages, at 4772 Lincoln Avenue in the CH-10,000 Commercial lleavy Zone. Staff received no communications in support or in opposition to the application and they recommended approval of the permit subject to six conditions. The Assistant Planner read the conditions for the benefit of the applicant who was present. Mr. Jack Alhadeff, Controller for the applicant, Washington Trust Deed Service Corporation, 2283 W. Lincoln, Anaheim, reported that they purchased the center last August and that they will work to gain full occupancy of the center within three months. He reported that all but the end 2060 feet is occupied. Mr. Alhadeff stated the store is easily accessible to the condominium residents to the south and they hope the store will increase business for the other shops. Mr. Alhadeff expressed agreement with the recommended conditions but indicated they may wish to discuss the signing program for the entire center at a future date. The Council advised the applicant that any proposed variations from the City's Sign Ordinance would require review by the Council. Councilman Eoronado asked if anyone wished to speak in support or in opposition to the application. No one wished to speak in support or in opposition. It was moved by Councilman Lacayo and seconded by Councilman Rowan to close the publSc hearing and adopt the following Resolution by title only, title as follows, approving Conditional Use Permit #gl-10 subject to the conditions recommended by staff: RESOLUTION NO. 2391 A RESOLUTION OF TIlE CITY COt~CIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 81-10 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, Lacayo & Rowan NOES: 0 COUNCILMEMBERS: None ABSENT: 1COUNCILMEMBERS: Mullen -4- City Council Minutes May 26, 1981 PUBLIC HEARING RE: CONDITIONAL USE PERMIT #81-11, CONVENIENCE MARKET, OFF-SALE BEER AND WINE AND GASOLINE SALES, 9511 VALLEY VIEW STREET: Mayor Pro Tem Coronado opened the public hearing. The Assistant Planner presented a report dated May 18 describing the application to convert the existing Go-Lo Service Station into a convenience market, and to permit the off-sale of beer and wine and gasoline. The property is located at the southwest comler of Valley View and Orange Avenue in the CG-10,000 Commercial General Zone. ~le application calls for the removal of the Julius Foreign Car Repair Service from the property. Staff received no co~nunica- tions in support or in opposition to the proposal and recommended approval subject to 20 conditions. Mr. Paul Westberg, representing the applicant~ Best California Gas, Ltd., 2865 East Coast Ilighway, Corona del Mar, addressed questions regarding several of the conditions. In regard to Condition #2, he requested that the store and gas sales be open on a 24-hour basis. In regard to Condition #9 which requires four striped parking stalls on the north side of the store, he expressed agreement with the condition but advised the Council that the area north of the store was the former site of the pump islands and the applicant may, at a future date, wish to reinstall the pump island if their sales warrant it. In regard to Condition #11, Mr. Westberg reported that an $800 bond was posted by the previous property owner, Gulf Oil, and he asked whether the bond could be applied to their development. The staff advised Mr. Westberg that the City Attorney would have to determine the adequacy of the previous bond which was posted. Mr. Murphy stated the question of relocating the parking stalls and reinstalling the pump island would require an application to modify the conditional use permit. Mr. Westberg stated this was acceptable. Councihnan Coronado asked if anyone wished to speak in support or in opposition to the application. 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 and adopt the following Resolution by title only~ title as follows, approving Conditional Use Permit #81-11 subject to the conditions recommended by staff: RESOLUTION NO. 2392 A RESOLINION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 81-11 - WITtt CONDITIONS. ~e motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, Lacayo & Rowan NOES: 0 COUNCILMEMBERS: None ABSENT: 1COUNCILMEMBERS: Mullen CONTINUATION OF CONSIDERATION OF BOYS' CLUB LEASE: ~e City Manager presented a report dated May 19 which transmitted a communication from the Boys' Club con- cerning the Anderson Trust. Mr. Milton Yates, Board Member o£ the Cypress Boys' Club~ stated he would respond to questions. Councilman l,acayo stated he did not object to relocating tho building at Moody/ Cerritos to the park site and he recommended that this matter be referred to the Recreation and Community Services Commission for their review and recommendations on the building relocation proposal and the long-term lease of the facility at the former library site. He asked that the Cm~ission evaluate what impact the building relocation would have on use of the park facility. Mr. Milton Yates stated the Cypress Boys' Club would have first priority for use of the Moody/Cerritos building if it is relocated and they would not be excluded from receiving Anderson trust funds. Mr. Yates stated there would be more personnel at the park site to maintain the building. Mr. Yates requested approval of a 2S-year lease for the facilities leased at the park site since contributors are reluctant to donate funds on a short- term lease basis. Mr. Yates stated the temporary building would be used as a mini- gym until the Boys' Club has sufficient funds for a permanent gymnasit~. -5- City Council Minutes May 26, 1981 It was moved by Councilman Lacayo and seconded by Councilman Rowan to refer the item regarding the Cypress Boys' Club to the Recreation and Community Services Con~ission and request that they evaluate and submit their recommendations to the Council within 30 days on the 25-year lease proposal for the former library building and on the proposed relocation of the temporary building and its impact on use of the recreation facilities. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, Lacayo & Rowan NOES: 0 COUNCILMEMBERS: None ABSENT: 1COUNCIL~MBERS: Mullen CONTINUATION OF CONSIDERATION OF NOISE PROBLEM AT THE LOS ALAMITOS RACE TRACK: The City Manager presented a report dated May 19 which transmitted a copy of the City Attorney's communication to Mrs. Vessels describing the problems which were reported by residents at the May 11 Council meeting. He reported that the race track's attorney intended to snbmit a written response to the City. The City Attorney reported that he contacted the race track attorney and advised him of the three areas of noise problems: the all-night construction equipment use, the loud- speaker, and motorcycle noise. The race track's atton~ey was unaware of the possi- bility of the all-night construction problem reoccurring next year during the race meet changeover and indicated he would verify next spring's racing schedule. The attorney indicated he would attempt to obtain information which the track may have generated in the past regarding noise studies or methods to attenuate noise. He also indicated that the suggestion for an informal meeting between City, race track m~d homeowner representatives had merit and would be recommended to his clients The attorney indicated that motorcycle riding on the track property was unacceptable and he offered their cooperation to address the problem; he indicated the track would tighten their security and devise a method for receiving and disposing of complaints regarding this problem. The attorney agreed to respond to the City after gathering the information on the noise problem. Mro Jim Young, 5120 Laurel Avenue, Cypress, stated the homeowners were still hope- ful that a meeting with the track representatives would solve the problems. He requested the City's continued involvement with the homeowners and he requested that a meeting be scheduled as soon as possible. Mr. Young reported that the the Race Track was posting fliers advertising a chili cook-off, including co~try western music, to be held on Sunday, .June 7. ~e City Attorney stated he would contact the track's attorney regarding this event. Mr. Tom HcNamara, 5150 Laurel Avenue, reported that during the period following the last Council meeting, personnel at the Race Track were shooting firearms. Staff reported that the track has a permit from the Fish and Game Department to shoot mudhens on their property. ~e Council requested that staff investigate the shooting and present them with a report. The Council requested the City Attorney to pursue his follow-up contacts with the attorney representing the race track during the next week. CONSIDERATION OF ADDITION OF ADMINISTRATIVE OFFICES T0 CUSTODIAL CONTRACT: The City Manager presented a report from the Public Works Director dated May 13 who recommended that the custodial contract for the Police Department be amended to include the administrative offices and City Council ~ambers. The staff indicated that this proposal would save approximately $7,400 annually compared to filling the vacant Custodian position. It was moved by Councilman Lacayo and seconded by Councilman Rowan to approve amending the present contract with Christy's Janitorial Service, P. 0. Box 3323, Orange, California, in the amount of $1,325.00 per month to provide custodial services for the Council Chambers and Administrative offices. ~1~e motion unani- mously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, Lacayo & Rowan NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen -6- City Council Minutes May 26, 1981 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilman Rowan to approve the Warrant List for Warrants #58593 through #88732 in the total amount of $622,917.41. The motion m~animously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, Lacayo & Rowan NOES: 0 COUNCILb~MBERS: None ABSENT: 1COUNCILb~MBERS: Mullen SECOND READING OF ORDINANCE PERTAINING TO DOG CONTROL: It was moved by Councilman Lacayo and seconded by Councilman Rowan to order the Ordinance read by title only, title as Eollows, and to adopt tile Ordinance: ORDINANCE NO. 679 .kN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CIIAPTER 3 OF ~tE CYPRESS CITY CODE TO ADD SECTION 3-3 THERETO PERTAINING TO DOG CONTROL. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, Lacayo & Rowan NOES: 0 COUNCILMEMBERS: None ABSENT: 1COUNCILMEMBERS: Mullen Councilman Rowan reported that the Post Office was experiencing a problem regarding dog bites from loose dogs in the community and he requested that staff investigate the extent of the problem. SECOND READING OF ORDINANCE RE: CONDITIONALLY PERMITTED USES WITHIN RS-15,000 ZONE: It was moved by Councilman Lacayo and seconded by Councilman Rowan to order the Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 680 AN ORDINANCE OF THE CITY CO[~CIL OF THE CITY OF CYPRESS AMENDING SECTION 9.1.B.2 OF ZONING ORDINANCE NO. 640 CONCERNING THE CONDITIONALLY PERMITTED USES WITHIN THE RS-iS,000 RESIDENTIAL SINGLE FAMILY ZONE, KNOWN AS Ab~NDMENT TO TIlE ZONING ORDINANCE NO. 81-2. ~e motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado, NOES: 0 COUNCILMEMBERS: None ASSENT: 1COUNCILMEMBERS: Mullen Lacayo & Rowan Councilman Rowan requested a status report regarding Acacia Drive zoning problems. CONSIDERATION OE APPROVAL OF RECREATION & PARK DISTRICT COb~4ERCIAL 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 Rowan to approve the District Warrant List for Warrants #13138 through #13178 in the total amount of $22,714.58. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Coronado~ NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mullen Lacayo & Rowan In regard to Item #26 added to the agenda regarding the election to fill the City Council vacancy, Councilman Lacayo requested that the staff prepare a report for consideration at the June 1 meeting on the mail ballot such as the one used in the recent San Diego election. The Council requested that the report specifically address any problems that were encountered with the mail ballot, such as the possi- bility of fraud. The City Attom~ey advised that a mail ballot would require adop- tion of an ordinance but would not require a Charter amendment. He further reported -7- City Com~cil Minutes May 26, 1981 on limitations the Council faces in having only three members present, indicating that three Council members would be unable to adopt ordinances on an urgency basis since they require four affirmative votes. ~e Council requested that staff obtain feedback From the City of San Diego on its mail ballot and information on how the deadline is estM~lished for submitting the mail ballot to the post office. Councilman Lacayo expressed his concerns over existing legislation which requires that instructional training classes on the use of tear gas may be taught only by certain individuals: those associated with a particular teaching institution or the manufacturers of tear gas devices. He reported that proposed legislation, A.B. 1771, would change the restrictions regarding training and use of tear gas devices. Councilman Lacayo requested that the Council be provided with a copy of the bill and that staff prepare a resolution for consideration at the next regular meeting supporting A.B. 1771. He recommended that the Orange County League be requested to support the bill. Councilman Rowan requested a brief executive session to discuss a matter of liti- gation which was considered at the last Mayors' meeting. EXECUTIVE SESSION: Mayor Pro Tem Coronado called an Executive Session at 8:31 p.m. for matters of litigation. 'lhe meeting was called back to order at 8:40 p.m. with Mayor Mullen absent. 'D~e Council beld discussion in regard to scheduling a budget workshop meeting. ~e Council agreed to schedule the meeting for Monday, June 1, at 7:00 p.m. in the Administrative Conference Room. ADJOURNmeNT: it was moved by Councilman Rowan, seconded by Councilman Lacayo and unanimously carried to adjourn the meeting at 8:40 p.m. to Monday, June 1, at 7:00 p.m. in the Administrative Conference Room. ~¢YOR OF THE CITY OF CYPRESS ATTE ST: CITY dLE~ OF' THE CITY/OF CYPRESS -8-