Minutes 81-08-24MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
August Z4, 1981
The regular meeting of the Cypress City Council was called to order at 6:40 p.m. on
Monday, August 24, 1981, in the Cypress City Council Chambers, 5Z75 Orange Avenue,
Cypress, California, Mayor Gerald Mullen presiding.
PRESENT: Councilmembers Lacayo, Rowan and Mullen
ABSENT: Councilman Coronado
Also present were Art Schatzeder, Public Works Director, John Murphy, City Attorney,
and the following City staff members: DeCarlo, Duke, Lamm and Powell.
PLEDGE OF ALLEGIANCE: Mr. Murphy led the pledge to the flag.
ORAL COMMUNICATIONS: Mayor Mullen asked if anyone wished to speak in regard to
any matter not on the agenda. No one wished to speak at this time.
STAFF REPORTS & DISCUSSION: At staff's request, and hearing no objections, Mayor
Mullen added the following items to the agenda: ~Z0a regarding a request by S.L.A.M.
(Stronger Legislation Against Child Molestors) for Council endorsement of their fund-
raising flier; 4~Z0b regarding a requested proclamation for Water Watch Week; 4~31a
regarding adoption of the City's debt service tax rate; ~35a regarding adoption of the Park
District's debt service tax rate; and ~41, an executive session for matters of litigation.
Councilman Rowan requested that staff prepare a report for the Council on Assembly Bill
#1693.
MINUTES: It was moved by Mayor Mullen, seconded by Councilman Lacayo and
unanimously carried to approve the minutes of August 4.
Councilman Rowan clarified a request he had made of staff at the August 4 meeting
concerning "dish" antennas, an item unrelated to cable television. He indicated that the
mass production and sale of dish antennas for personal use could obviate the necessity for
cable television. He requested that staff investigate the matter and prepare a report
evaluating the long-range impact of the dish antennas.
CONSIDERATION OF AWARD OF CONTRACT FOR THE ADDITIONAL TRAFFIC
SIGNAL INSTALLATION AT THE INTERSECTION OF KATELLA AVENUE AND HOLDER
STREET~ CITY OF CYPRESS PROJECT ~8Z06-50: Mr. Schatzeder presented a report
dated August 14 which outlined six bids received. He reported the apparent low bid was
substantially below the Engineer's cost estimate and that the construction would be
financed from funds previously deposited by the developer.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to: (1) authorize a
budget transfer from the General Fund and appropriate $6,380.00 from the fund balance of
the General Fund to Account ~10-535.ZZ; and (Z) determine that the lowest responsible
bidder for Project 4~8Z06-50 is Signal Maintenance~ Inc., 2720 E. Regal Park Drive,
Anaheim, California, and award them the contract in the amount of $6,380.00. The
motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR DATA PROCESSING SERVICES: Mr.
Schatzeder presented a report from the Finance Director dated August 17 which evaluated
seven proposals received. Councilman Lacayo requested that this item be continued to the
next regular meeting, indicating he would like the City Manager to be present and that he
had several comments to make on the matter.
City Council Minutes
August Z4, 1981
It was moved by Councilman Lacayo, seconded by Mayor Mullen and unanimously carried
to continue the item to the September 14 Council meeting.
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 listed on the agenda.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve Items ~3
through 4bg0b on the Consent Calendar. The motion unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
Item #3: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item #4: Consideeration of Request for an Exemption from a Special Permit for the
United States Volleyball Association.
Recommendation: That the City Council grant the request of the United States Volleyball
Association to solicit door-to-door sale of tickets to exhibition volleyball games in the
City of Cypress on a determination in accordance with Section 15-57 A(1)(b) of the
Cypress City Code, subject to the condition that all persons associated with the
solicitation program register with the Cypress Police Department and that solicitation be
limited to Monday - Saturday during the hours of 9 a.m. and 6 p.m. (daylight hours only)
from September 1, 1981 through August 31, 198Z.
Item ~fi: Consideration of an Application for a Private Patrol Permit - Moore Security
Service, Inc.
Recommendation: That the City Council authorize the issuance of a permit for Private
Patrol Services in the City of Cypress to Moore Security Service, Inc., 1740 S. Anaheim
Boulevard, #Er Anaheim, California, subject to the provisions of the City Code relative to
the operation of private patrol services.
Item #6: Consideration of Proclaiming October 1981 as United Way Month.
Recommendation: That the Mayor and City Council officially proclaim the month of
October 1981 as "United Way Month" in the City of Cypress as requested.
Item #7: Consideration of a Resolution Determining the Median Income in the City.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, determining the median household income in the City to be $30,189:
RESOLUTION NO. Z4Z5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS DETERMINING THE MEDIAN HOUSEHOLD INCOME IN
THE CITY.
Item #8: Consideration of Claim Filed by Mr. Ruben R. Lopez.
Recommendation: That the City Council officially reject the subject claim and refer it to
the City's claim adjuster, Carl Warren & Company~ for appropriate disposition.
Item #9: Consideration of Resolution Urging Legislation Banning the Sale of Fireworks.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows:
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City Council Minutes
August Z4, 1981
RESOLUTION NO. Z4Z6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS URGING LEGISLATION BANNING THE SALE OF
FIREWORKS.
I_te~__u_ #~1~0: Consideration of Resolution Supporting an Analysis of the Investment Policies
of the California Public Employees Retirement System.
Recomm,mdation: That the City Council authorize the Mayor to notify Mayor Teglia of
Daly City of the City Council's support and further authorize the City's voting delegate to
support the Resolution at the anmml League conference.
Item #11:_ Consideration of Adoption of an Ordinance Adding Alternate Members to the
Senior Citizens Commission.
Recomm(~ndation: That the City Council approve the first reading of the Ordinance
adding four alternate members to the Senior Citizens Commission by title only, title as
follows:
ORDINANCE NO.
Ai'4 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS AMENDING SECTION g-61 OF THE CYPRESS CITY CODE
PERTAINING TO THE SENIOR CITIZENS COMMISSION.
Item #IZ: Consideration of Authorization to Attend the Annual League of California
Cities Conference, October 17-Z0, 1981.
Recommendation: That the City Council authorize the Mayor and Members of the City
Council t() attend the 83rd Annual Conference of the League of California Cities to be
held on October 17-~0~ 1981, in San Francisco and be reimbursed for all actual and
necessary expenses incurred.
Item #13: Consideration of Communication from Mr. Edmond B. Buster~ Chairman of the
Community Airport Council, Requesting Support for Changes in the Takeoff Rules at John
Wayne Airport.
Recommendation: Receive and file.
Item #14: Consideration of Authorization for the City Manager to Attend the ICMA
Annual Conference at Anaheim, California.
Recommendation: That the City Manager be authorized to attend the ICMA Annual
Conference in Anaheim, California~ on September Z0-Z4, 1981, and be reimbursed for all
actual and necessary expenses.
Item #15: Consideration of Resolutions of the Orange County League of Cities.
Recommendation: That the City Council request the City's voting delegate to vote in
favor of the Resolutions regarding parental responsibility for minor children and support of
SCA 7 at the League meeting of September 10, 1981 and~ further, authorize transmittal of
the Resolution on parental responsibility for the misconduct of minor children to the State
League of Cities for consideration at the annual League conference.
Item #16: Consideration of Attendance of the Police Chief at the Annual Conference of
the Chiefs of Police in New Orleans, Louisiana.
Recommeudation: That the City Council authorize Chief Duke to attend the Annual
Conference of the International Association of Chiefs of Police in New Orleans, Louisiana,
on September Z6-30, 1981, and be reimbursed for all actual and necessary expenses
incurred.
Item ~P17: Consideration of Purchase of Recreation & Parks Maintenance Equipment.
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City Council Minutes
August 24, 1981
Recommendation: That the City Council appropriate $5Z~179 from the fund balance of the
General Fund for the purchase of park maintenance equipment from the Cypress
Recreation & Park District.
Item #18: Continuation of Consideration of Group Medical Insurance Premium Increases.
Recommendation: That the City Council approve a month-to-month extension of the
group medical insurance program with Prudential Insurance Company and request staff to
complete the feasibility report on the possible self-funding medical insurance.
I?_tn _~ 1~9: Consideration of Contract Change Order gl for Additional Carpet Installation,
Police Reh)cation - Oxford Jr. High School, Quotation #8182-02, City of Cypress Project
#8036-90.
Recommendation: That the City Council approve Contract Change Order gl for
additional carpet installation at the Oxford Jr. High School for the Police relocation,
Qnotation #818Z-0Z, in the amount of $615.00.
Item #Z0: Consideration of Resolution Commending the Tri-Cities "Cypress Gamblers"
Softball Team for Placing Second in the 1981 National Tournament.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows:
RESOLUTION NO. Z4Z7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS COMMENDING THE TRI-CITIES "CYPRESS GAMBLERS"
SOFTBALL TEAM FOR PLACING 2ND IN THE 1981 NATIONAL
TOURNAMENT.
Item #Z0a: Consideration of Request for Council Endorsement of Fund Raiser by S.L.A.M.
(Stronger I,egislation Against Child Molestors).
Recommendation: That the City Council grant their endorsement of the fund raiser to be
held by S.L.A.M. at the Cypress Skateway on September g6, 1981.
Item /~g0b: Consideration of Proclaiming September 13-g0, 1981, as Southern California
Water Watch Week.
Recommendation: That the Mayor and City Council officially proclaim the week of
September 13-Z0, 1981, as "Southern California Water Watch Week" in the City of Cypress
as requested.
RECESS: Mayor Mullen called a recess at 6:54 p.m. The meeting was called back to order
at 7:00 p.m. with Councilman Coronado absent.
PUBLIC HEARING RE: PARCEL MAP #81-1128~ NORTHWEST CORNER OF KATELLA
AVENUE AND HOLDER STREET: Mayor Mullen opened the public hearing. The
Community Development Director presented a report dated August 14 describing the
request by John D. Lusk & Son to consolidate seven parcels of land into four parcels
generally located at the northwest corner of Katella and Holder Street. The parcel map
was submitted because John D. Lusk & Son had reconsidered their original plan to
construct small industrial buildings and now proposed to construct larger office
structures. The parcel map would consolidate seven previously subdivided parcels into
four parcels, two of which would be Z+ acres in area. Staff recommended approval of the
parcel map subject to one condition.
Mayor Mullen asked if anyone wished to speak in support or in opposition to Parcel Map
#81-11Z8. No one wished to speak in support or in opposition.
It was tnoved by Councihnan Rowan and seconded by Mayor Mullen to close the public
hearing and adopt the Resolution by title only~ title as follows:
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City Council Minutes
August Z4, 1981
RESOLUTION NO. Z428
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING PARCEL MAP NO. 81-1128 - WITH
CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #81-Z3~ VIDEO AMUSEMENT
ARCADE~ 9191 VALLEY VIEW STREET: Mayor Mullen opened the public hearing. The
Community Development Director presented a report dated August 14 describing the
application to establish a video amusement arcade in the Lakeshore Plaza located in the
PCM Planned Commercial Light Industrial Zone. Staff reported that one telephone
complaint against the application was received. Staff recommended denial of the
application without prejudice and a refund of the applicant's filing fee.
Mr. Ron Harford, 8780 Warner, Fountain Valley, the applicant, reported the arcade will be
family oriented and patrons must abide by their rules and regulations as outlined in their
application. He reported they are leasing the space from the Warmington Company which
also has imposed rules. Mr. Harford reported that loitering will be prohibited and, if it
occurs, the applicant ~vill hire an outside security service. He stated their lease prohibits
the sale of food and alcohol. He reported adult supervision will be provided at all times,
and he and his partner will manage the arcade. Mr. Harford reported they will have from
60 to 70 game machines which involves about a $1Z0,000 investment. He requested
approval of the permit since he reported they had applied to the City about three months
ago, the application took two months to put together, and the interim ordinance will not
be effective until September
Mr. Chip Cuthbert, representing the Warmington Company, 3090 Pullman, Costa Mesa,
stated the company has imposed restrictions in order to maintain a pleasurable and
effective business environment for the arcade. He stated the company wants to keep all
the tenants happy. Mr. Cuthbert stated the applicant will patrol the arcade so that it does
not become a burden for the City's Police Department.
Mr. Bill Ross of Ashwill Burke, 171 Anita, Orange, the leasing agent, reported they had a
strict screening process before selecting this client. He stated the Warmington Company
is a responsible corporation and wishes to maintain a good profile in the City as well as
good tenant relationships. He stated a disruption in the center would be economically
disadvantageous. Mr. Ross stated the Warmington lease is extraordinarily restrictive and
could be used in the City's study of arcades.
Mayor Mullen asked if anyone wished to speak in opposition to the application.
Ms. Cindy Warnes, 9193 Valley View, Cypress, a tenant in Lakeshore Plaza, stated she did
not feel the arcade would help the center. She felt that skateboards, bicycles and skates
lying about, and littering would create problems for her clientele. She reported there was
one break-in and an attempted break-in of shops in the center and that she opposed the
ar cade.
Councilman Lacayo stated the Council proposed the moratorium because of the substantial
number of applications which were being submitted to the City and the Council's desire to
prepare proper guidelines to control this type of business.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to close the hearing
and adopt the Resolution by title only, title as follows, denying Conditional Use Permit
,~81-Z3 without prejudice, and to refund the applicant's filing fee:
RESOLUTION NO. Z4Z9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS DENYING CONDITIONAL USE PERMIT NO. 81-Z3.
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City Council Minutes
August Z4, 1981
Councilman Rowan stated he supported the moratorium ordinance but felt this application
was entitled to a fair and impartial hearing. He stated the Lakeshore Plaza. has a need for
tenants and he did not feel the arcade would present a problem for the center. He stated
h~, would have ror'ommemh,d mlditionaI conditions for d~is applicaticm which would have
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City Council Minutes
August Z4, 1981
PUBLIC HEARING RE: FEDERAL HOUSING AND COMMUNITY DEVELOPMENT BLOCK
GRANT APPLICATION - 8TH YEAR: Mayor Mullen opened the hearing. The Community
Development Director presented a report dated August 17 describing the City's 8th year
application for HCD funds. He reported the 8th year application differs from previous
years' applications on three points: the amount requested in the 8th year was greater, the
Housing Assistance Plan goals were revised to place more emphasis on assisting the elderly
and handicapped, and in the HUD requirement for the statement of assurances that the
funds will be expended properly by the City. Mr. Lamm responded to questions from the
Council concerning the 8th year application. He reported that the City had requested one-
half million dollars for site acquisition last year and only received $150,000; the 8th year
application attempted to acquire the balance of that request. He reported it is staff's
understanding that the HCD funds are distributed by the County towards a project that
appears feasible in the near future. The County is interested in cities which will actively
perform a project and it discourages the banking of the HCD funds. Mr. Lamm felt the
8th year application represented the most funds for which the City could qualify. He
indicated the seniors group may be able to acquire their own HCD funding or funding
through the Supervisor's office. In response to questions from Councilman Rowma, Mr.
Lamm reported that the staff was investigating other communities' development standards
for senior citizens housing. Councilman Rowan asked that staff continue their study and
indicated he was interested in potential zoning modifications, such as increased housing
densities, which would encourage private sector participation in housing programs on a
larger scale.
Councilman Lacayo felt the City's funding potential would be greater if the City identified
a specific project, such as the seniors affordable rental project. He requested that the
City's application for funds be increased beyond the $350,000 requested for site acquisition
and that emphasis be placed on the seniors project.
The Council agreed to add a paragraph in the Resolution approving the application to
state: Whereas, the City of Cypress is committed to building 100 units of subsidized senior
citizens housing.
Mayor Mullen asked if anyone wished to speak in support of the application.
Mrs. Grace Lachina, 58Z1 Wellson Drive, Cypress, and Mr. Morris Spatz, 4508 Larwin,
Cypress, spoke in favor of the application.
Mayor Mullen asked if anyone wished to speak in opposition. No one wished to speak in
opposition.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to close the hearing
and adopt the following Resolution, as amended, by title only, title as follows:
RESOLUTION NO. 2431
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING THE CITY'S PARTICIPATION IN THE 8TH
YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM WITH THE COUNTY OF ORANGE.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
The Community Development Director stated this hearing would be scheduled again for
the next regular meeting since the County requires two public hearings on the HCD
application.
CONTINUATION OF CONSIDERATION OF TRAFFIC COMMISSION'S
RECOMMENDATION FOR TRAFFIC PROBLEM AT KAREN AVENUE AND NANCY
STREET: Mr. Schatzeder presented a report from the City Manager dated August 18
indicating this item was continued from the August 10 meeting to allow the concerned
resident to be present. Mr. Schatzeder reported that Mr. Villavicencio was mailed a copy
of the staff report on this matter and a copy of tonight's agenda. Mr. Villavicencio was
not present at tonight's meeting.
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City Council Minutes
August Z4, 1981
It was moved by Councilman Lacayo and seconded by Mayor Mullen that the Council
approve the Traffic Commission's recommendation to provide selective enforcement by
the Police Department to reduce speeding in this area and to advise Mr. Villavicencio that
a crossing guard at this intersection is not warranted at this time. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONTINUATION OF CONSIDERATION OF REPORT ON UTILIZATION OF THE OXFORD
JR. HIGH SCHOOL FACILITY: Mr. Schatzeder presented a report from the City Manager
dated August 18 indicating this item was scheduled for discussion at the August 31 joint
meeting with the Recreation & Community Services Commission.
Hearing no objections, Mayor Mullen continued the item to the August 31 meeting.
CONTINUATION OF CONSIDERATION OF STAFF REPORT ON COUNCILMAN
CORONADO'S BUDGET RECOMMENDATIONS: Mr. Schatzeder presented a report from
the City Manager dated August 19 who requested that the matter be continued to the
September 14 Council meeting.
Hearing no objections, Mayor Mullen continued the item to the September 14 meeting.
CONSIDERATION OF STATUS REPORT ON SENIOR CITIZENS HOUSING: Mr.
Schatzeder presented a report from the City Manager dated August 19 which reported on
staff's meeting with representatives of the Affordable Development Corporation which
was held on August 1Z. The City Attorney reported that the deadline to apply for the
HUD funds was some time in late spring or early summer of 198Z. The September 1981
deadline, announced by the seniors group at the August 10 meeting, related to the
application for 8th year Housing ir Community Development funding. Mr. Murphy stated
staff win monitor the application requirements to ensure that deadlines are met.
Councilman Lacayo requested that the Council be provided with regular status reports on
the funding applications.
The Council agreed to receive and file the staff report.
CONSIDERATION OF AMENDING THE CITY'S RESOLUTION ESTABLISHING
MANAGEMENT PERSONNEL: Mr. Schatzeder presented a report from the City Manager
dated August 19 describing two recommended amendments to the management resolution
involving the Victim Assistance Counselor and Senior Planner positions. Also transmitted
was a report from the Community Development Director dated August 14 who
recommended the reclassification of the Senior Planner position to an Administrative
Assistant/Community Development position.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to adopt the
Resolution by title only, title as follows:
RESOLUTION NO. Z43Z
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS AMENDING RESOLUTION NO. Z373, ESTABLISHING
SALARIES FOR CITY EMPLOYEES DESIGNATED AS MANAGEMENT
PERSONNEL.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan ir Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
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City Council Minutes
August Z4, 1981
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by
Councilman Lacayo and seconded by Mayor Mullen to approve the Warrant List for
Warrants #59366 through #59505 in the total amount of $498,407.90. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan ar Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
Mayor Mullen announced that the Council would consider Items #3la and #35a at this time
since they both related to establishing debt service tax rates.
CONSIDERATION OF CITY DEBT SERVICE TAX RATE FOR THE 1981-8Z FISCAL YEAR
AND CONSIDERATION OF THE CYPRESS RECREATION AND PARK DISTRICT DEBT
SERVICE TAX RATE FOR THE 1981-8Z FISCAL YEAR: Mr. Schatzeder presented reports
from the Finance Director dated August Z1 recommending that the Council adopt
Resolutions establishing the City and District's debt service tax rates for fiscal year 1981-
8Z.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to adopt the
Resolutions by title only, titles as follows:
RESOLUTION NO. Z433
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS FIXING THE VOTER APPROVED INDEBTEDNESS TAX
RATE FOR THE FISCAL YEAR 1981-82.
RESOLUTION NO. 116
A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF
CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF
THE CITY OF CYPRESS, FIXING THE VOTER APPROVED
INDEBTEDNESS TAX RATE IN SAID DISTRICT FOR THE FISCAL
YEAR 1981-8g.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan ar Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
SECOND READING OF INTERIM ORDINANCE RE: AMUSEMENT ARCADES: It was
moved by Councilman Lacayo and seconded by Mayor Mullen to order the following
Ordinance read by title only, title as follows, and to adopt the Ordinance:
ORDINANCE NO. 682
AN INTERIM ORDINANCE OF THE CITY OF CYPRESS
PROHIBITING THE DEVELOPMENT OF AMUSEMENT ARCADES
PENDING A STUDY THEREOF.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan ar Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEM BERS: Coronado
CONSIDERATION OF RECOMMENDATIONS FOR YOUTH ATHLETIC USE OF THE
OXFORD JR. HIGH SCHOOL FACILITY: Mr. Schatzeder presented a report from the
Recreation ar Park Director regarding this matter dated August 1Z.
It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried
to continue the item to the August 31 Council meeting.
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City Council Minutes
August Z4, 1981
CONSIDERATION OF SUB-LEASE OF THE CYPRESS ELEMENTARY SCHOOL
CLASSROOMS: The Recreation & Parks Director presented a report dated August 1Z
which indicated that the sub-lease of the four Cypress School classrooms twice went to
competitive bids unsuccessfully. Problems identified were: no sole restroom, limited
parking, and school lease restrictions of recreational/educational use. On staff's
recommendation, the Recreation & Community Services Commission unanimously
recommended that the classroom use be negotiated on an individual contract agreement
basis by the District staff. Mr. DeCarlo stated negotiations would be for a short-term
rental t~asis (less than one year) similar to other facilities which the District rents out.
Councilman Lacayo requested that the Council be kept advised of the groups which enter
the sub-leases and the conditions of the sub-leases. Councilman Rowan requested that
staff notify the Council of any potential interested users who do not meet the School
District's lease criteria. He felt that if it is advantageous to the City and acceptable to
the District, the City could request a lease amendment to accommodate other users.
Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it
was moved by Mayor Mullen and seconded by Councilman Lacayo that the Cypress
Elementary School classrooms be negotiated on an individual contract basis by the Cypress
Recreation & Park District as recommended by the Recreation & Community Services
Commission. The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF APPROVAL OF 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 Mayor Mullen to
approve the District Warrant List for Warrants g13443 through ~1349Z in the total amount
of $14,099.99. The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
RECESS: Mayor Mullen called a recess at 8:06 p.m. in order for the Council to conduct
the meeting of the Cypress Community Redevelopment Agency (Items ~36 through ~40 on
the agenda). The meeting was called back to order at 8:38 p.m. with Councilman
Coronado absent.
At the request of staff, it was moved by Mayor Mullen, seconded by Councilman Rowan
and unanimously carried that the Council reconsider Item ~19 on the Consent Calendar
regarding the contract change order for carpeting for the Police facility at Oxford Jr.
High School.
Mr. Schatzeder indicated he neglected to advise the Council of an addition to the change
order which was recommended by the Finance Director. He reported that Change Order
#1 should include the installation of an additional 1Z0 square yards of carpeting, at $11.00
per square yard, for Room #13Z at the Oxford School. The room will be used by the Police
investigators.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve the
modification to Change Order ~1, Quotation ~818Z-0Z, for the installation of an additional
1g0 square yards of carpeting at a cost of $11.00 per square yard, for Room ~13Z at the
Oxford Jr. High School. The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBEIZS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
ORAL COMMUNICATIONS: Mayor Mullen asked if anyone in the audience wished to
speak at this time.
Mr. Pierre Bertilino, 7310 W. Ocean Front, Newport Beach, stated he represented the
applicant for Item ~3 on the agenda regarding the Conditional Use Permit application for
a liquor store at 5591 BaH Road. He apologized for being late for the public hearing.
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City Council Minutes
August Z4, 1981
It was moved by Councilman Lacayo, seconded by Mayor Mullen and unanimously carried
that the Council reconsider their previous motion to continue the public bearing to the
September 14 meeting and reopen the public hearing to consider the application at this
tim~.
RECONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT ~81-Z4:
The Co~nmunity Development Director summarized a report dated August 14 describing
the application to convert an existing convenience market into a retail liquor store
allowing the off-site sale of general alcoholic beverages at 5591 Ball Road in the CG-
10,000 Commercial General Zone. He indicated no communications in support or in
opposition to the application were received. Mr. Lamm reported that staff was concerned
over the lack of property maintenance and general disrepair of the present convenience
market and staff recommended several conditions to correct the unsightly conditions.
Mr. Pierre Bertilino, 7310 W. Ocean Front, Newport Beach, stated the applicant was his
fiancee, he had power of attorney and he would manage the liquor store. He stated the
liquor store would be operated as an independent business and would not be part of a
chain. Mr. Bertilino stated there would be no problem in complying with the recommended
conditions and that he proposed to repair the driveway, wall, signs and landscaping.
Mayor Mullen expressed his concern over the unsightly condition of the property and felt
the deteriorated exterior appearance was a discouragement to patrons. He stated he
hoped the new mm~agement would restore his confidence in the business by providing a
more pleasurable shopping environment.
Chief Duke recommended that Mr. Bertilino be included as an applicant for the conditional
use permit for purposes of the Police Department's investigation concerning the liquor and
business licenses.
Mayor Mullen asked if anyone wished to speak in support or in opposition to the
application. No one else wished to speak in support or in opposition.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to close the public
hearing and adopt the Resolution by title only, title as follows, approving Conditional Use
Permit #81-24 subject to the conditions recommended by staff and an additional condition
requiring the Police Department's routine investigation of the applicants:
RESOLUTION NO. 2434
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 81-Z4 -
WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 8:47 p.m. for matters
of litigation. The meeting was called back to order at 9:14 p.m. with Councilman
Coronado absent.
ADJOURNMENT: Mayor Mullen adjourned the meeting at 9:14 p.m. to Monday, August
31, at 6:30 p.m. at the Cypress Community Center, $700 Orange Avenu% Cypress.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE ~CITY OF CYPRESS
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