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HomeMy WebLinkAboutMinutes 82-06-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 28, 1982 The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday, June 28, 1982, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Gerald Mullen presiding. PRESENT: ABSENT: Councilmembers Coronado, Lacayo, Partin, Rowan & Mullen None Also present were Darrell Essex, City Manager/City Clerk, Tom Clark, Assistant City Attorney, and the following staff members: Barrett, DeCarlo, Dunn, Lamm, Lowenberg and Powell. PLEDGE OF ALLEGIANCE: The pledge to the flag was led by Councilman Coronado. ORAL COMMUNICATIONS: Ms. Jo Redmon, Chairperson of the Recreation & Community Services Commission, stated she had a slide presentation regarding Item 421 on the Consent Calendar relating to the donation of sculpture. MINUTES: Councilman Coronado pointed out an error in the minutes of June 7 relating to the Council's vote on the Resolution initiating Annexation 482-1. It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried to approve the minutes of June 7 as corrected. It was moved by Councilman Coronado, seconded by Mayor Mullen and unanimously carried to approve the minutes of June 14. STAFF REPORTS & DISCUSSION: Hearing no objections, Mayor Mullen added the following items to the agenda: Item 432a regarding purchase of the Goldman property; Item 432b regarding earthquakes; and Item 432c regarding widening of the Santa Ana Freeway CONSIDERATION OF AWARD OF CONTRACT FOR FIFTY-FIVE (55) GENERAL DUTY HELMETS~ REQUEST FOR QUOTATION 48182-44: The City Manager presented a report from the Finance Director dated June 14 which outlined three bids received for the Police safety helmets. It was moved by Mayor Mullen and seconded by Councilman Coronado to accept the bid of Adamson Industries, Inc. as the lowest responsible bidder for the specified McHal 6000 Helmet and award them the contract in the amount of $2,565.Z0. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen None None CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE VALLEY VIEW STREET/ORANGEWOOD AVENUE INTERSECTION IMPROVEMENTS~ CITY OF CYPRESS PROJECT 48209-10: The City Manager presented a report from the Public Works Director dated June 17 which outlined four bids received for the project. Councilman Rowan felt the expenditure for this project was unnecessary and wasteful and stated that, as pointed out in the staff report, the amount of traffic turning left will only be reduced by the extension of Holder Street across the channel. Councilman Coronado stated that he has opposed this project from the start because it does not address the real problem of how to relieve the traffic congestion. It was moved by Mayor Mullen and seconded by Councilman Lacayo to determine that the lowest responsible bidder for Project 48209-10 is Sully-Miller Contracting Company, P. O. Box 432, Orange, California, and award them the contract in the amount of $45,251.50. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Lacayo, Partin & Mullen 2 COUNCILMEMBERS: Coronado & Rowan 0 COUNCILMEMBERS: None City Council Minutes June 28, 1982 CONSIDERATION OF CONTRACT RENEWAL FOR WEED ABATEMENT FOR 1982/83 FISCAL YEAR: The City Manager presented a report dated June 17 from the Public Works Director who recommended award of contract to Edwin Webber, Inc. at the same contract unit prices as in the current contract. It was moved by Mayor Mullen and seconded by Councilman Coronado to award a contract for weed abatement for the 1982/83 fiscal year to Edwin Webber, Inc., 8742 Rembrandt Drive, Huntington Beach, California, at the same contract unit prices as the 1981/82 fiscal year. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 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. Councilman Coronado requested the removal of Items #11, 1Z and 19; Councilman Partin requested the removal of Item ~15, and Mayor Mullen requested the removal of Item ~Zl. In regard to Item #8 concerning the Part-time Legislature, Councilman Coronado reported that Senator Richardson intended to proceed with a referendum on this issue. He suggested that the Council table this matter and discuss it again when it is brought up by Senator Richardson. Mayor Mullen stated that if the Council receives and files the matter they have the ability to reconsider it at any future time. It was moved by Councilman Lacayo and seconded by Councilman Coronado to approve Items ~4 through ~Z0 on the Consent Calendar with the exception of Items ill, 1Z, 15, 19 and Z1. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item ~4: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item ~5: Consideration of Proclaiming September 198Z as Leukemia Month. Recommendation: That the Mayor and City Council officially proclaim the month of September 198Z as "Leukemia Month" in the City of Cypress as requested. Item ~6: Consideration of Proclaiming September 7, 1982, as Peace Day. Recommendation: That the Mayor and City Council officially proclaim September 7, 198Z, as "Peace Day" in the City of Cypress. Item ~7: Consideration of Ordinance Amending the PERS Retirement System. Recommendation: That the City Council approve the first reading of the Ordinance by title only, title as follows, amending the contract between the City and PERS which would provide Section Z0983.6 (Waiver of Age 70 Retirement) for local miscellaneous members, thus enabling the City's employer contribution rate to be on an unpooled basis: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Item #8: Consideration of Tabled Item Re: Part-Time State Legislature. Recommendation: Receive and file. Item 4~9: Consideration of Ground Lease Between the City and VFW Post 9847 for Property Located at 10491 Moody Street. Recommendation: That the City Council authorize the Mayor to sign and the City Clerk to attest the lease between the City and VPW Post 9847 for the property located at 10491 Moody Street for a period of 15 years commencing on January 1~ 198Z. -Z- City Council Minutes June 78, ]987 Item #10: Consideration of Resolution from the Cit¥of Garden Grove Ne: Ballots and Ballot *,~ateria]s to he Printed in English Only and that Sample Ballots be Printed in At Least Ten- Point Recommendation: Receive and file. Item #13: Consideration of Recommendation of Traffic Commission Meeting of June !987. Pecommeudation: That the City Council approve the recommendation of tbe Traffic Commission as outlined in the report and adopt the Resolution by title only, title as follows: PESOLUTION NO. 2527 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FSTABLISHING A THREE-WAY STOP AT THE INTERSECTION OF MARGARET STREET AND LAW]RENCF DRIVE. Item #14: Consideration of Ouitclaim, Tract ~]0678 (Oranffe Avenue, south side, east of Juanita Street). Pecoromendation: That the CitvCouncil approve the Ouitclaim of the private water and sewer system to Palm Park Homeowners' Association and authorize the ~,~avor and City Clerk to sian the Ou~tc!aim Deed. Item #16: Consideration of an A~reement Between the City of Clr0ress and the Cypress Recreation & Park District for Accounting, Payroll and Financial Services. Recommendation: That the City Counci! and acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District approve the agreement between the City and District for accountinR, payroll and financial services and authorize the Mayor to siffn for the City an0 the General Manager to sign for the District. Item #17: Consideration of Application for an Alcoholic Beverage License Filed by Derrich and Lorraine B. Newton, DBA Honest Lawyer, 5009 Ball Road, Cypress. Recommendation: That the City Council receive and file this application suhiect to the approval/disapproval of Conditional Use Permit ~8~-6 scheduled for a public hearing at ?:00 p.m. on Monday, June 28, ~982. Item ~18: Consideration of Application for an Alcoholic Beverage License Fi]ed by Blanche and Daniel Valle, DBA T. J.'s, 4502 Lincoln Avenue, Cypress. Recommendation: ]Receive and file. Item #20: Consideration of Amendment to Proiect ~8Z?g-00, Senior Center Shade Shelter Project. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress ]Recreation K~ Park District, approve the amendment to Project #82~2-q0 awarded to James David Schene Construction for an additional amount of In re~ard to Item #l 1, Consideration of Annual Pequalification of Participating Cities in the County of Orange Arterial Highway Financing Program (AHFPI, Councilman Coronado inquired about the relation of Holder Street to the Arterial Highway Master Plan. Mr. Essex reported that the City of Cypress designates Holder Street on its master plan as a through arterial street planned for ultimate construction. He stated that for purposes of the Conntv master plan it is unimportant whether or not Il'older Street is constructed at present. It was moved by Councilman Coronado and seconded bv Mayor Mullen to adopt the Pesolntion by title only, title as follows: RESOLUTION NO. 2528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPPESS INFOPMING THE COUNTY APTERIAL FI'NANCINO ADVISORY COMMITTEE THAT NO CHANGES APE ]REOt~ESTED FO]R INCLUSION IN THE COUNTY ARTERIAL HIGHWAY MASTER PLAN. 149 -3- Council Minutes June 28,1982 The motion unavimousl¥ carried by the following roll call vote: AYES: NOES: ABSENT: S COUNCILMEMBER S: 0 COIINCILMEMBFRS: 0 COUNCILMEMBERS: Coronado, Lacavo, Psrtin, Rowan & Mullen None None In regard to Item # l Z, Consideration of Resolution Establishing the Citv's Appropriations Limit for the 1982-83 Fiscal Year, and Item 4~19, Consideration of Resolution Fstablishint? the Pecreation & Park District's Appropriations Limit for the I qs?.-g2 Fiscal 'gear, Councilman Coronado suggested that these items he considered after review of the budget. He questioned the base fiffure which was being used to determine the limitation and asked if the figure should be altered because of the $1.5 million savings in the 1081/8~ bud~_et. The ~inance Director responded that the $1.5 million fiffure is irrelevant in calculating the limitation and reported that the base for the current year, as nrescribed hv law fProposition 41, is the previonsyear. 14e reported that the State provides a percentage fixate each year which the City is re~luired to apply to the actual expenditures of the previous base year. stated cities have no discretion or control over the formula. Staff reported that the intent of Proposition 4 !the Oann Initiative) was to limit expenditures of governmental entities. It was moved bv Mayor Mullen and seconded by Councilman Lacayo to adopt the Resolutions by title only, titles as follows: RESOLUTION NO. 25?0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OYPRESS ESTABLISHING THE CITY'S APPPOPRIATIOIqS LIMIT FOR TI4E 1 q8?-83 FISCAL YEAR. RESOLUTION NO. 12.6 A RESOLUTION OF THE CITY COUNCIL OF THE CIT'g OF CYPRESS~ EX- OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPPES$ RECREATION AND PAP~ DISTRICT, A SUBSIDIARY DISTRICT OF TFE CITY OF CYPRESS, ESTABLISI-rING THE CYPRESS RECREATION AND PARY DISTRICT'S APPROPRIATI©NS LIMIT FOR THE 1087-8~ FISCAL YEA~. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lacavo, Partin, Rowan & Mullen ] COIJNCILMEMBERS: Coronado 0 COUNCILMFMBFPS: None In re?ard to Item ~]5, Continuation of Consideration of Gift of Existing Building at Eucalyptus Park~ City of Cypress Project ~8222,-00, Councilman Partin spoke against continuing this matter indefinitely and recommended that, in the absence of Council action at the next meeting, the matter he continued for a period of o0 days and that the building he demolished at the end of that time. It was moved by Mayor Mullen and seconded by Councilman Coronado to continue this matter for 00 days and have the building demolished at the end of the 90 days. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILME1VBERS: Coronado, Lacavo, Partin, Powan & Mullen 0 COUNCILMEMBERS: None 0 COUNCII_,MEMBEPS: None In regard to Item sg?l, Consideration of Acquisition of Donated Art Work (Sculpture), Chairperson Jo Redmon of the Pecreation & Community Services Commission reported that a committee had visited the artist's studio and had selected three sculptures which the artist wished to donate to the City. Ms. Pedmon presented slides of the three sculptures and possible locations for their placement which included the Civic Center, Community Center and Cultura? Arts Center. Ms. Redmon reported that the City would have to pick up the scmlptures and provide bases for them. Mayor Mullen requested that the Recreation Commission submit their final recommendations on locations for the sculpture to the City Council. City Council Minutes June 28, 1082 151 Acting as the ex officio Board of Directors of the Cypress Recreation g~ Park District, it was moved by Councilman Lacayo and seconded by Mayor Mu]leu to approve acrmisition of the sculptures donated to the City of Cvl~ress by Mr. Harold Roach, and that recluired funds he obtained through a cooperative effort of various local patrons as recommended by the r~ecreation & Commumitv Services Commission. The motion unanimously carried h¥ the following roll cml vote: AYES: IxTOES: ABSENT: 5 COUNCILMEIv'BEP.q: Coronado, Lacavo, Partin, Nowan 8, Mullen 0 COUNCILMEMBEPS: None 0 COUNCILI~EMBERS: None PUBLIC HEARING RE: CONDITIONAL USE PEPMIT #8Z-5 AlXTB PARCEL 5~AP #82-~ 121, MCDONN~'LL PLA?A-CYPRESST ~701 ~CATELLA AlrENUE: Mayor Mullen opened the hublic hearing. The Community Development Director summarized a report dated June l~ descrihing the application to construct a five-story commercial ofqce building which includes a variance request to allow an 8~,-foot high building where a maximum of 35 feet is allowed by zone. The parcel map ~roposes the initial subdivision for Phase I of the project. Mr. Merle Pautsch, Project Manager for ~DC Realty, stated members of their design team including the aviation consultant are present to answer cmestions. He reported that McAuto will be the prime tenant of the Phase I building, occupying 8a~- of the space. }:re stated thev hm)e to have the building ready by September 1983 with the initial move-in hy December. Mr. Pautsch repo~ted that the hui]din£ height issue was reviewed twice by the FAA and their determination was that the building_ would not create a hazard for aircraft operations at Los Alamitos. He stated McDonnel]'sproposed improvements durinffPhaselinclude the widenin~ of Katella to provide an additional westbound lane as well as landscaped medians and underaroundingof Edison poles on F~atella. Mr. Pautsch reported that the applicant has concerns with Conditions #12, 13, 1~, ~7 and lc/ which relate to traffic and lmblic improvement issues. He stated the applicant accel~ts al! of the other conditions. The City Manager recommended that discussion of these items he continued so that the Public Works Director may respond. The Asst. City Attorney advised that, since this is a public hearing, both sides of the engineerin~ issoes should be debated and the issues should be contimled. Councilman Coronado asked what the impact would be if the Council decided to limit the building height to 46 feet per staff's recommendation #?. Mr. Bob Young, Executive Vice President of MDC Realty, stated that reduction of the building, height would he a serious setback to their program and would result in a l?,0 day delay to redesign the building. He stated the buildinR, with a height reduction, would accommodate half their people and would make the project infeasible. He stated this alternative would have to be examined and it would be a disastrous blow to the entire project. Councilman Lacayo asked what type of aircraft operations were considered in the FAA's study. Mr. Jack Chevalier, aviation consultant with Aviation Svstems Associates, 1650 S. Pacific Coast Highway, Pedondo Beach, stated the FAA's ana!vsis took into account fixed-winff, helicopter and jet aircraft landings and departures as well as the existing runway configurations at Los Alamitos and their finding was that any type of aircraft would clear the proposed office building. Mr. Chevalier explained the FAA's review process, indicating that the FAA regional office receives and studies about ~S,000 applications annually and of these about (~0-70% exceed one or more of the FAA standards. Following the FAA's study, he reported that 90~ of the applications are approved; the remainder are modified or declared a hazard. Mr. Chevalier reported that if an application, like l,~cDonnell's, exceeds any of the standards in the FAA'sPart 77 regulation, it issuhject to a complete FAA study. He stated the $0-1 slope is not an approach and departure slope but is a plannin~ guideline in the regulation. Mr. Chevalier reported that the minimum instrument approach to runway 2~ is 480 feet above sea level, and the office building is ~ 10 feet below that standard. He stated that for instrument operation departures, the FAA applies a 40-1 slope from 35 feet above the end of the runway and the building is below the 40-I slope. He stated the building does not exceed any of the instrument or visual flight rule operations at Los A!amitos. Mr. Chevalier indicated that although the proposed building exceeds the BOM approach surface, the FAA determined it was no hazard to navigation. Mr. Chevalier reported the building would not require that revisions be made to authorized rotary wing fliRht patterns at Los Alamitos, and any such requirement would bare been identified by the FAA. lie stated that in addition to the building's penetration of the .q0-1 slope, there would have to be an operational effect in order for the FAA to declare the building a hazard. He stated no operational change at Los Alamitos is needed to accommodate the building. -5- 152 City Council Minutes June ?8, 1087. Mayor Mu]leo asked if anyone else wished to speak in support. No one else wished to speak. He asked if anyone wished to speak in opposition. Mr. Pierre Tiernev, 10401 Sande, Cypress, stated the Los Alamitos airfield was established in an unpopulated area so that it would not encroach on homes. He expressed concern over the housing, development which was built at the end of the runway for the benefit of developers which places the homeowners in jeopardy. Mr, Tierney stated the City's ordinance should he upheld and the high rise building should not be allowed to restrict the normal flight patterns for fixed-wing aircraft. He recommended that the Council deny the building unless it is relocated out of the flight path. Lt. Col. James Ghormley of the Armed Forces Reserve Center stated he does not obiect to the development itself but that he is appealing the FAA's decision with re~,ard to the building. Col. Chormlev stated the military's concern is over aircraft departures and penetration of the S0-I MoDe. He reported that while the FAA computes the departure surface from 35 feet above the runway, the Air Force computes it from ground level. /Je felt the Air Force criteria should be applied because Los A]amitos takes heavv car~o Air Force aircraft as well as jets and any DOD aircraft with the exception of afterburner aircraft. Col. Ghormlev stated the proposed building would not chanl~e their aircraft approaches. He stated his position is that the Army has a responsihilitv to the public to l~rotect its air space. Col. Gbormlev reported that the appeal process with the FAA will take about a month and if the Army receives a negative response they will abide by the FAA's decision, c'ol. ~hormlev stated the other armed forces at Los Alamltos share the same regulations as the Army. Ne expressed another concern that approval of the high rise huitdin~ could set a precedent and lead to similar approvals. Mr. Roger MacI, ain~ 0891 Newcastle~ Cvpress~ stated the Council appeared to pav less attention to the comments of the previons civilian speaker than they did to Col. C, horm]ev's comments. h~r. Bob Young of MDC Nealtv stated he appreciated the Colonel's comments and hoped the military would remain at Los Alamitos and that their development will be compatible, lie stated their development should have no impact on the airfield's mission and operations and that they will build a beautiful Building which will generate tax revenue to the City. He stated the FAA did exhaustive research on the aircraft safe:psi:ua:ion. Mr. YounF. stated that appeals, such as the Colonel's, are routinely submitted and that he had no concerns because all of the aviation people who studied their vroDosal indicated the only thing they are violating is are. gulat on. He stated the buildin~ presents no practical vrohlems. In resvonse to a cmestion from Councilman Lacayo, Mr. Young stated thot if it is ~etermined By the FAA at, peal that the building is a hazard to aviation, MDC Realtv would witbdraw its application. Conncilman Lacayo stated the Conncil had received a legal opinion indicatin~ that it could disreb, ard the input from other ~overnmental a~encies and make its own determination as to what is best for the community. It was moved by Councilman Lacavo and seconded by Councilman Rowan to continue the public hearing regarding, C'onditional Use Permit ~82-~ and Parcel Ma~ 4~87-1121 to the July 1g meeting. The motion unanimously carried By the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMPERS: Coronado~Lacavo~ Partin~ Rowan & Mul]en 0 COUNCILMEMPERS: None 0 COUNCILMEMBERS: None RECESS: Mayor l%~ullen called a recess at 8:?0 p.m. The meeting was called hack to order at 8:30 p.m. with all Councilmembers present. PUBLIC HEAPING RE: CONDITIONAL USE PERI~IT ~82-(, AND LIVE ENTEPTAINMENT PERMIT~ "HONEST LAWYER" t~ESTAU~ANT~ ~000 BALL POAD~ CYPPESS (ON-S1TE SAI.E OF ALCOHOLIC BEVERAGES): Mayor Xaullen opened the public hearinp.. ~Xr. Lamm presented a report dated June 18 describing the request to Operate the restaurant including the on-site sale of alcoholic beverages and provide live entertainment by a two or three piece musical or comedy ~ronp. Staff recommended seven conditions for the conditional use permit. The City Manager reported that a letter was received from Mr. John *~odaffari who indicated he has operated Cannon Realty for six years in the shopping center and would support the restaurant, but not a beer bar, as long as it does not disturb his business or clients. Mr. Lamm reported that one of the recommended c.u.p, conditions would provide the Council with on-going jurisdiction over the husiness's hours of o'Oeration, and conditions recommended for the live entertainment permit would prohibit the use of amplifiers hv the entertainers and prohibit dancing by the patrons. -6- City Council Minutes June 153 Mr. Derrick Newton, 1 ~ Z16 Park Street, Cerritos, the applicant, stated be plans to operate an En~,]ish pub type restaurant serving l~rimarilv seafood, English food and alcoholic beverages. Mr. Newton said he plans to keep the rear (emeraencv) door locked in the evening to discourage persons from parking in the rear alley. I-t'e reported there is ampte parking in the p~trking lot south of the building. 14e stated be plans to have two guitar players. ~&. iXlewton reported that most of the business will be in the evening which should not disturb ~'annon Feealtv or other tenants of the center. Mr. Newton said be would like to bare amnlifiers for the musicians because the room is large. Mayor Mullen asked if anyone wished to speak in support of the application. No one wished to speak in support. Fe asked if emyone wished to speak in opposition. Mr. John Fall, S00R Cumberland Drive~ CWress, stated the rear door of the business is 125 feet away from bis bedroom and that be opposes live entertainment because it would create noise. Fe stated he opposed the sale of alcohol but did not object to a restaurant. Mr. Fall reported that his sleep is disturbed by cars driving in the alley. He felt the restaurant would create much traffic especially if it is o~en late in the evening. Mr. James DeVita, 5038 Cumberland~ stated heonposes the entire anvlication. 1~!e reported that the liquor store in the center is open until 2:00 a.m. and that iuveniIes create nroblems in the alley hv drinking, breakingbott]es~ starting fires, and smoking marijuana. Iie stated be obiects to the noise level and traffic in the alley which is continuous. ~rs. Josenhine PrJdmar, 5077 Cumberland, stated sbe opposes liquor sales and live entertainment but does not object to the restaurant. She felt the restaurant would attract an outside element who will be drinkin? and speeding on the streets which wiH lead to moral decay of the neighborhood that up until now has been safe. Mrs. Pridmar reported that many nersons in the neighborhood object to the proposal and a petition is being prepare0. She stated the shopping center is an inapprovriate location for a bar and live entertainment. In r~=sponse to a question from the Council, ~'hief Lowenberg reported that the Police Department's investigation was on the Back,round of the a!op!icant although the department works c!oselv with the Planning Department to examine environmental issues. He reported this shoppin~ center has not attracted any more juvenile activity than similar locations. ~r. Verle Farlan, 5018 Cumberland, stated he opposes live entertainment because it will create too much noise and he objects to alcohol consomption because it is usually carried to excess. Mr. Farlan felt that often people do not ~o directlvhome when a restaurant closes. Ja'e stated that if the restaurant is sold then another applicant will bare to he dealt with. Mrs. Carol Miles, 5088 Cumberland, stated she objects to liquor sales and live entertainment and that she would like the nice neighborhood maintained. She indicated she would object to beer and wine bein~ served with dinner. I~lrs. Miles reported that ~uveniles sveed down the alley and she felt persons would park in the alley because there is insufficient space in the parkin~ lot south of the building. Mr. Pager McLain, qRq] Newcastle, Cypress, stated the restaurant will not increase property values and that more frequent po]ice patrol will be necessary to maintain the !aw. Mr. Newton, the applicant, stated he was under the impression that this was a nice, safe shopping center and indicated he was unaware of anvprohlems. Mr. I~Jewton stated his patrons are responsible people in an older age ~roup and he did not fee] they would be speedin~ or parking in the alley since there is ample space in the front parking lot. ~e reported that the kitchen, restrooms and office are located on the north side of the hui]din~ which should provide a noise buffer. ~Jr. Newton reported that entertainment was planned for weekends only and that the two gmitar players would entertain with !ow-kev music, not her(" pc, ck. He felt the restaurant would not attract a voun~ crowd. Councilman Laeavo a:~ked if the restaurant would be operated as a cocktail lonn~e after the dinner crowd had ief~. b%. 'fqe~,ton stated the kitchen would remain open until q:00 p.m. on weekdays and 10:flt3 i~.n~ on weekends and that alcohol would he served as reqnested by the customers. ~X,~r. Joe Wild, manager of the shopping center, reported that the apvlicant's lease contains strict conditions to prevent the establishment from becoming a beer bar. He stated that if it hecam ~ a beer bar there may he some validity to the complaints. Mr. Wild reported that there are over 100 l~arkin~ spaces in front of the hui]ding and there is no need for patrons to park in tt!o alley. ~e stated it would be impractical for patrons to !oark in the alley and walk around the building. ~%. Wild stated the allevparking area is used by the store tenants and is ~lot tlsed for customer parking. He reported that he bas never received complaints about the ail~w during the four years be has owned the center. He indicated be would be willine to ~ost si+.~ns tv) restrict parking in the alley to tenants only. -7- 154 City (~ouncil Minutes June 28, 1982 Mayor MuBen declared the hearing closed. Mayor Mullen stated he did not feel a neighborhood sho-0ping center whlcb is close to residences is a proper location for a pub-type bar and live entertainment such as that prorosed. He indicated he could anpport the restaurant provided that beer and wine only is served and there is no live entertainment. Councilman Coronado made a motion that a condition be added to require that the restaurant close at 9:30 p.m. He felt that if the restaurant remained open past 9:30 p.m. and offered beer and live entertainment, it would attract a different clientele into the area. Councilman Lacayo stated that his suggestion for a restaurant with incidental sales of beer and wine had received a negative response from the applicant, l-;e stated the ~ouncil bas no authority to subject an auplicant to its wishes and must act on the application as submitted. Councilman Coronado's motion was not seconded. Councilman Lacavo stated the Council had adopted an ordinance to require a conditional use permit for alcoholic beverape sales which gives them the authority to deny an application which they feel will result in problems for adjacent residents. ~Ie stated he opposed the subject application because the adiacent neighbors had voiced their objections. We indicated that in the nest businesses serving alcohol have been established with good intentions and later create problems and once a permit is granted it is difficult to retract. Councilman Rowan stated he supported the application subject to staff's recommended conditions and felt the applicant should he given a chance to operate the business. He stated the Council retains the right to review the business if it creates problems. He stated the concerns expressed by the homeowners were over pre~xistin~ problems in the shopping center which did not relate to the restaurant. Cmmcilman Powan pointed out the absence of nroblems at similar restaurants serving alcoholic beverages which are located in shopping centers adjacent to residential neiahborhoods. Councilman Coronado stated he could not support the restaurant without an hourly limitation. It was moved by Mayor Mu]len and seconded by Councilman Lacavo to adopt the Pesolution by title on!v, title as follows, denying without prejudice Conditional Use Permit RESOLUTION NO. 2530 A RESOLUTION OF TIlE CITY C'OUNCIL OF TIlE CITY OF CYPRESS DENYING CONDITIONAL USE PERMIT NO. 82-6. The motion carried by the follo-,ing roll call vote: AYES: NOES: ABSENT: 4 COUNCILkaEMBERS: 1 COUNCILMEMBEP S: 0 COIINCILI~aEX~BER S: (~oronado, Lacavo, Partin & Mullen Rowan None It was moved by Councilman Lacavo and seconded bv Mayor Mullen to deny the live entertainment permit application for the Honest Lawyer Pestaurant. The motion carried by the following roll call vote: AYFS: NOES: ABSENT: 4 COIJNCILMEMBEI~S: Coronado, Lacavo, Partin & Mullen 1 CO[INCI'LMEMBE~S: Rowan 0 COUNtC~MEMBE~S: None PUBLIC HEARING RE: CONDITIONAL IISE PERMIT ~82-8~ ANGELO'S BURGERS, 0935 WALKER STPEET (ON SALE OF BEER & WIIx;E): l~aayor Mullen opened the bearing. Lamm presented a report dated June llq describing the application to allow the on-site sale of alcoholic beverages (beer and wine) at Angelo's Burgers located in the Cypress Plaza shopping center at the northwest corner of BaH and Walker. Mr. Lamm reported that no communications concerning the application were received and staff recommended approval subject to two conditions. Mr. Nikolaos Vestakis, 0935 Walker Street, Cypress, the applicant, reported he bas operated the restaurant for one year and would like to serve beer and wine because it has been requested by his customers. He reported he will post signs regarding the prohibition against serving alcohol to minors and that he w;!l also request identification. Mayor Mullen asked if anyone wished to speak in support or in opposition to the application. No one wished to speak in support or in opposition. -8- City Council ~Xiuutes June 2g, 108g 155 It was moved by Mayor Mullen and seconded bv Councilman Coronado to dose the public hearing and adopt the Pesolution by title only, title as follows, approving C.U.TM. f~g2-8 subject to tl, e two conditions: PESOLUTION NO. ?~3I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPPF$S APPPOVUqG CONDITIONAL ll,qE PERMIT NO. 87-8 - WITH CONDITIONS. The motion unanhnouslv carried bv the following roll call vote: AVES: NOES: ABSENT: r; COIINCIL~SEMBERS: 0 COUNCILMEMBER$: O COtJNCIL MEMBER S: Coronado, Lacavo, 'Oartin, Rowan g~ B~ullen None None PUBLIC HEAPBqC~ RE: APPROPRIATION OF PFVENUF SIiAPlNO FUNDS: tSavor opened the publiclneaHnE. The CityManafmr presented a report dated June ?2 which i~dicated that, at the c'itv Manager's May 3 public hearing regardin~ the proposed use of Revenue Shying Funds, it was announced that $~,245~000 of Revenue Sharin~ Funds were available in !987-83. The City Manager proposed that $1,107,500 of these funds be appropriated in the 1982-83 budget for modifications to the Police building, which would leave a balance of $47,q00 in the fund as of June 30, 1083. There was no public testimony at the ~,av Mayor ~ul~en ask(~d if anyone wished to speak in support or in opposition to the proposed expenditur,- of Pc, v~ role ,ql'laring. Funds. There was no one wishinp to speak in suoport or in opposiri~,; , It wa r:~; : :i!:'n and seconded by Counci]mazn Coronadr; to ct,qsc the public the t:><,:::~ t ~ ::~ the Police huildin? modification ,qroject. 7'~,e motic, n '1;( ';('iLMEMBERS: Coronado, Lacavo, Partin~ Rowan ~, Mullen i,~i;'ILME~BERS: None ,,; ~'.~ x(('IL~EMBERS: None REc'ret,~ }: : ;,~ : ':?l(-~-~a~o~Mullen opened the ~eaiina., T~:e,,*~[v l~anager pres~ ,1, , ,: : :;~: 22 which summ~ized the District budget. 'Tk~ Finance Dir(< q¢~ ; :> : 'e ';i ire budget funding for special districts was ki line x~,it1~ the assuri; ,~i ; ' ¢3trict budget, although staff bas not receiv-d tl~e exact budget Conncth v :,_ ,,: :-;i z,<s(ed the deletion of a $5,00C~ expeuditure t~> ~ncl:se',he funds !: ;:: <' i~, i]ahle from the Ouimby Act ,~rished to speak in support or in opposition to th-, [~,istHct support or in opposition. public ,~ , : };:. i087-83 District budget as proposed includir;g fondmff for the mezz:.,: , r:: "ie motion carried by the following roll eau vote: ,~ OiiN( iLMEMBEPS: Lacavo, Partin, Rowan & I~Sullen ~ ~'OUNCILMEMBERS: Coronado ~ t {')iN"iiC'ILMEMBEIRS: None f)t':~f if¢}~iI','ATION OF SOURCES OF SUPPLY FOR RETPOFITTING ALUM~IJM CONDUCTOPS: The Cilv ~anager Sllmm~ized a P,hlic Works Director which outlined retail sources for the who submitted quotations to retrofit dwel[im,:s with the ! ,, etlon would beincluded in the ('ltv newslettt~, -9- Citv Council ]Minutes June 7g, 1982 It was moved by Councilman Lacavo and seconded hv Mayor Mullen to receive and file the report. The motion ~manimouslv carried hy the following roll call vote: AYES: NOES: ABSENT: ~ COUIXlCILMEMBERS: Coronado, Lacayo, Partin, Powan 8~ ~.lullen 0 COUNCIZ,~FMBE~S: None 0 COUNCII_,'~E~BEPS: None CONSIDERATION OF COMMUNICATION FPOM MR. gt MRS. GERSH RE: A PAPKWA¥ TPEE AT 0675 DO1REEN DPlVE.~ CYPPESS: The City Manager presented a report dated June Z? a, bich transmitted a communication from the homeowners concerning their parkway tree. ~le reported the homeowners were unable to attend tonight's meeting and he recmested that the matter he continued to the Julv 1 ? meeting. It was moved by Councilman Lacavo, seconded hv Mayor 5,*ullen and unanimouslv carried to continue this item to the July ~ 2 meeting. PECESS: Mavor Mullen called a recess at 0:45 mm. The meeting was called back to order at 9:50 p.m. with all Councilmembers present. CONSIZnERATION OF ADOPTION OF TI4E 1082-83 BUDGET: The City ]~anager presented a report dated June 23 which summarized the 1982-83 Citvhudget. ~,'r. Essex reported that the loss of Stat~ revenues was consistent with projections in the hud~.et which projected no bail-out funds for 1982-83. He states that if there are other impacts as a result of the State budget, staff will request reconsideration of the Citv Budget by the Council. Mayor k~ullen suggested that the Council review each of Councilman Coronado's Budget recommendations individually. Councilman Coronado summarized his memorandum to the Council dated June 2Z. Ne indicated that Cvpress will lose ~320,000of State financial assistance in 1982-83 and that this will not be the end of the financial impact on the City. ~'e stated he did not feel the economy will perk up in the next few months as anticipated hy some economists and he recommended that the City proceed cautiously with its budget r)larming. C'ouncilman Coronado recommended that the budget reserves remain intact. In regard to the proposed caloita! improvement l~roject to eliminate the cross flutters on Lincoln Avenue at Valley View and Walker, Councilman Coronado recommended that the schedule be reversed and that the Walker Street flutter improvements be constructed in FY 1082-83 and the Valley View improvements be delayed until FY 1983-84. rte felt the less expensive Walker Street project should be included in the 1082-83 budget, l~ayor Mullen felt the Walker Street project could not be accomplished in the 1~82-~3 fiscal year because of the delay involved in dealing with the railroad. He stated the cross flutters are hazardous and the improvements are worthwhile projects which should be accomplished now while the City has the capabilitv. ~ouncilman Powan stated that Both locations present serious traffic hazards, that the projects were approved a year ago a~d the City has the necessary funds. He indicated that delaying the proiects will make them more costly in the future. He felt both projects needed to be done and would involve a one-time expenditure which would result in a permanent solution to the problems. In regard to the Electric Vehicle Program, Councilman Coronado recommended that the program be immediately terminated since he felt the program was impractical, unsuccessful from a technical standpoint and wasteful of taxpayers' dollars. Councilman Partin requested that staff present data on total City costs relating to the program. Mayor Mullen suggested that the program he ]eft in the budget but that staff return with a complete economic analysis of the program. Councilman Lacayo stated he did not favor de-funding the program at mid-stage and recmested that staff provide cost data on a substitute vehicle program. Councilman 5'owan requested a cost comparison of the electric vehicles vs. conventional City vehicles and data on what costs and terms are involved in terminating the DOE contract. The Council requested that staff prepare its report on the Electric Vehicle Program for the August 9 meeting. Councilman Coronado stated his concern was that the electric vehicle program did not reflect state--of-the-art technology and he reported that there have been problems with the test vehicles across the country. 14e expressed concern over expending C~itv funds for the program and over the need for additional future funding. He stated the Department of Ener~Jr's contribution is still taxpayers' money. Councilman Coronado moved to delete the Electric Vehicle Program from the Budget. The motion was not seconded. City Council l~ainutes June 28, 1982 157 In regard to the proposed canine program in the Police Department Budget, Councilman Coronado recommended that the program be postponed and deleted from the 1987-83 budget in view of the State's current economic situation. 14e felt the ex'0enditure for this program was ~mderestimated hv staff. He indicated he would support the program only if there was a corresponding rednction in another police program. Councilmemhers Lacayo, l~owan and Mullen expressed their support for the canine program. They indicated the program would Be beneficial in preventing crimes in the growin~ industrial park area and would Be less costly than an additional police officer position. Councilman Coronado moved to delete the Canine Pro,ram from the Budget. The motion was not seconded. In regard to Councilman Coronado's recommendation to retain and not replace City vehicles #117~ 803, 80~ and 116, Councilman Lacavo stated the Council bad insnected these vehicles on the budget tour and had discussed the need for their replacement during the budget workshop meetings. He stated he supported the vehicle reDlacementsbased on his inspection. ~4e indicated that, if the Council has concerns;staff can present areport justifvin~ the need for the vehicles prior to their individualpurcbases. Councilman Coronado reported that he had reviewed the maintenance records on these vehicles and that each vehicle's average annual mileage was4,~60. Fe stated the vehicles require cosmetic refurbishment bdt do not require mechanical repair. Mayor Mullen stated he favored leaving the vehicle replacements in the budget and having staff prepare a report on the need for the replacements. Councilman Coronado moved to delete the replacement of Vehicles #lJ7, 803, 805 and 115 from the Budget. The motion was not seconded. [/~ayor ~ullen requested that staff present a report on the proposed vehicle replacements at the July l ~ meeting. It was moved bv Councilman Rowan and seconded by Councilman Lacavo to adopt the following Resolution hV title on!v, title as follows, adopting the ~ 982-83 budget: P. ESOLUTION NO. 2532 A RESOLUTION OF THE CITY COUNCIL OF TI4E CITY OF CYPRESS APPROVING THE A~'NIIAL BUDGET FOR ~rgE FISCAL YEAR COMMENCING JULY 1, 1982, AND FIXING THE LIMITATIONS OF EXPENDrFURES FOP THE SEVERAL FUNDS AND THE FIINCTIONS~ DEPARTMENTS AND ACTIVITIES CARRIED ON UNDER SUCI4 FUNDS. Councilman Coronado stated for the record that he was prompted to run for office in order tn be very attentive to his fiscal responsibilities to the Citv and this is what he Bas been trying to accomplish. He stated he does this in a fashion which he feels the residents of Cypress expect and that he will continue to do so whether or not the rest of the Council ~oes along with his recommendations. I4e stated be presents his fair assessment after in-dept~ studv and can hack up his comments. F:e stated that, in view of the State's financial situation and the "iffv" budget which has been approved, the C~itv at the very minimum should ~roceed to make a 1.7~- reduction in the City budget. Mayor ~ullen asked that Councilman Coronado synopsize his statement. Cooncilman Coronado stated that in regard to budgets as a plan, they are a plan hut are also authorization to spend. He stated he has reviewed staff's plan and is submitting his plan in turn. Mayor Mullen asked what exactly Councilman Coronado wanted for the record. Councilman Coronado stated be wanted the statement be was making for the record. Mayor 5~ullen stated he disagreed with includin~ the lengthy statement for the record. Councilman Coronado stated be wanted bis letter of recommendation to the Council for this fiscal year included in the minutes. It was moved by Mayor [~ullen and seconded By Councilman Lacavo that the request to have Councilman Coronado's statement put in the record Be disapproved. Councilman Lacavo stated that for years the Council has debated the question of how much of their rhetoric goes into the minutes and that the Council has Been judicious enough to make very short statements for the record which are to the point and are not just rhetoric. He stated he disagreed with putting Councilman Coronado's statement in the record Because the Councilman was venturing opinions on which the rest of the Council had no chance to debate. Councilman Lacavo stated his responsibility has Been to attend budget workshops and voice his opinions then and there for everyone to bear. Councilman Lacayo stated Councilmembers should cooperate ~md work together in open sessions which is the reason for having workshops. ~e stated the Cotmcil had discussed all the Budget items as well as the status of the State Budget during the workshops. -ll- City Council Minutes June Z8, 1082 Councilman Coronado stated the sum and substance of his review rlata is in part what came out of the budget sessions and that it is difficult to make intelligent assessments during the group budl~et workshops. Mayor I~ullen pointed out that Councilman Coronado had attended three of the six budget workshops and indicated he objected to Councilman Coronado's action of working on his own without deliberatin~ with the rest of the Council as the system calls for. Councilman t*owan noted that since Councilman Coronado's written statement was discussed bv the Council it is part of the budget hearing reeardless of whether or not it is printed in the minutes. The motion to deny the request to include the statement in the record carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILI~E~BEPS: Lacavo, P~trtin, Rowan & lXlullen ] COI~NCILMEMBERS: Coronado 0 COUNCILMEMBERS: None The motion to adopt the ] 987.-83 budget carried by the following, roll call vote: AYES: NOES: ABSENT: 4 CODNCILMEMBERS: Lacavo, Partin, Rowan & ~Sullen 1 COUNCtLb~EMBERS: Coronado 0 COUNCILMEMBERS: None Councilman Partin expressed his feelin~ that a budRet is not authorization to spend and that authorization to spend comes from the Council. Councilman Lacavo stated he understood Councilman Coronado's concern hut thor it was his method which he ohiected to. Councilman Coronado stated for the record that he voted no on the two al~propriation limitation items (#l g and !01 because he felt the budget should have been discussed and settled before action was taken on these items. He stated it was possible that the Council may have taken different action on the budget than what they di~. CONSIDERATION OF RESOLUTIONS REOIIIRED FOR TC'F CONDUCT OF THE NOVEMBER 982 ELECTION AND BALLOT PROPOSITIONS PEGAPDING GENERAL MUNICIPAL ELECTION DATES AND TERM OF OFFICE FOR THE MAYOR: The CitvManager presented a report dated June 27 which transmitted four Resolutions required for the conduct of the election and a communication from the Citv Attorney outlining alternative ballot propositions. Councilman Coronado inquired about the deadline for submitting ar~ments on the ballet measures. Mayor Mu]]en reauested that staff provide the Council with a calendar of dates for the election. Mr. Clark felt the deadline to submit arguments was q0 days prior to the election. It was moved by Mayor Mullen and seconded by Councilman Lacavo to adopt the following Resolutions by title only, titles as follows: I~ESOLUTION NO. ;?¢33 A RESOLUTION OF ~rME CITY COIINCIL OF THE CITY OF CYPI~SS, CALIFORNIA, CALLINC- AND GIVIblG NOTICE OF TI4E I~OLDINC'- OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY~ NOVEMBER 2~ 108Z, FOR THE ELECTION OF CERTArN OFFICERS OF SAID CITy AS RFOUIRED BY ~rl4E PROVISIONS OF TI4E CHARTER AND FOR TI4E SUBMISSION TO TI-IE OIJALIFIED ELECTORS OF SAID CITY MEASURES RI*LATING TO GENERAL MUNICIPAL ELECTION DATES AND THE TERM OF OFFICE FOR 'rile MAYOR. I~ESOLUTION NO. 7~34 A RESOLUTION OF TI4E CITY COUI\!CIL OF THE CITY OF CYPRESS, CALIFOPNIA, PEOUESTrNG TI-IE BOARD OF SUPERVISORS OF TI-IE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVE~BEP g~ ] oSZ~ WITF THE STATEWIDF GENEI~AL ELECTION TO BE ~ELD ON SAID DATE PURSUANT TO SECTION 73302 OF TiqE ELEC'rlONS CODE. -17.- City Council Minutes June 28, 1087 159 RESOLUTION NO. ?636 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING REC, IJLATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO TI~E ELECTORATE AND THE COSTS TI4EREOF FOR THE GENERAl, MUNICIPAL ELECTION TO BE HELD IN SAID ClTY O1~ TUESDAY, NOVEMBER ?, ]Rg?. The motion carried bv the following roll call vote: AYES: NOES: ABSENT: 4 COIINCILMEMBERS: Coronado, Lacavo, Partin 8, Mullen 1 COU~XTCILMEMBERS: Rowan 0 CC)UNC1/,ME~BEPS: None It was moved by Mayor Mullen and seconded hy C'ounci]man Lacavo to anprove the City Attorney's suggested language for the two ballot measures on the proposed Charter amendment, reading as follows: "Shall Section 900 of the Charter of the City of Cypress be amended to provide that the City's ~,eneral municipal election shall be held on the first Tuesday following the first Monday in November of each even-numbered year?" and "Shall Section q00 of the Charter of the C'itv of Cypress be amended to provide that the Cqtv's ~eneral municipal election will be held on the second 'tuesday in April of each even-numbered year?" The motion unanlmouslv carried bv the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBE}~S: Coronado, Lacayo, Partin, Rowan & Mullen 0 COUNCILMEMBEPS: None 0 COUNCILMEMBEI~S: None The Asst. City Attorney stated that the suggested advisory measures regarding the election date would be an alternative to a Charter amendment and an advisory measure would not be binding on the Council. Councilman Lacavo expressed preference for the advisory measures because of the fact that any desired change in the election date in the future would not require another Charter amendment. Mayor Mullen withdrew bls motion and Councilman Lacavo withdrew his second. Mayor Mullen and Councilman Rowan expressed support for the advisory measures on the election date. Councilman Rowan recommended that the ballot measure concerning the selection of Mayor be included as a Charter amendment proposition with language as recommended in the Citv Attorney's letter. We indicated this would lock the Mayor's selection in the Charter and would avoid the potential problem of the l%~ayor serving four months or twenty months as pointed out in the City Attorney's letter. It was moved hv Councilman Rowan and seconded by Mayor Mullen to place a Charter amendment proposition on the ballot to read as follows, and request the City Attorney to write the argument in favor of the measure: "Shall Section 404 of the Charter of the Cit¥of Cypress be amended to provide that the term of office of the Mayor shall generally be of approx~matelv the same length regardless of whether the Mayor is selected in an even- numbered year or an odd-numbered year?" In response to concerns expressed by Mayor Mullen and Councilman Lacayo~ the Asst. City Attornev advised that the above Charter amendment proposition would not preclude the Council from reorganizing "at such other times as a majority of the Council shall so order". Councilman lVowan stated the intent of his motion is that the Charter amendment proposition would include the language which ffives the Council the option of electing the Mavor at such other times as a majority of the Council shah so order. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lacavo, Partin, Ro~,an & Mullen 1 COUNCIL~EMBE][~S: Coronado 0 COUNCILMEMBERS: None -13- City Council Minutes June Z8, ]082 It was moved hv Councilman Rowan and seconded bv Councilman Lacavo to place the following advisory measures on the ballot: "Should the City Council of the City of Cypress establish the date for the general municipal election of the City on the second Tuesday in April of each even-numbered year?" and "Should the City Council of the City of Cypress establish the date for the Feneral municipal election of the City on the first Tuesday following the first Monday in November of each even-numbered year?" The motion carried By the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: ] COIJNCILt~EMBER S: 0 COUNCILMFMBERS: Lacayo, Partin, Rowan & Mullen Coronado None Mayor Mullen continued consideration of the Resolution authorizing certain C'ou~cilmembers to file written ar~ments on the hallot measures to the July 12 meeting and reauested that staff provide the Conncil with the election calendar of dates. CONSDDERATION BY THE CITY COITNCIL~ ACTING AS THE PLANNING COMMISSION~ OF A RESOLUTION APPROV~,IG q'l-!E REDEVELOPMENT PLAN~ DETERMINING CONFORMITY WITH THE GENERAL PLAN~ AND CER'rlF¥ING REVIEW OF THE DRAFT EIP~ FOR THE r'IVIC CENTER PROJECT AREA: The CitvManager presented areport from the Corem:miry Development Director dated June lg which recommended that the City Council, acting as the Planning Commission, adopt the Resolution approving the Redevelopment Plan. It was moved bv Councilman !.acavo and seconded hv Mayor Mullen that the City Council~ acting as the Planning Commission, adopt the following Resolution bv title onl¥~ title as follows: RESOLUTION NC). A RESOLUTION OF THE CITY COUNCIL OF TP'E Cyry OF CYPRESS~ ACTING AS THE PLANNING COMMISSION OF SAID CI~y~ APPROVING THE REDEVELOPMENm PLAN FOR THE CMC CENTEP REDEVELOP~IENT PROJECT ARFA~ MAKING ITS REPORT AS TO THE CONFORMITY WITH THE GENERAL PLAAI AND CERTIFYING AS TO TIlE REVIEW OF THE DRAFT EIR. The motion unmnimouslv carried by the fo]lowing roll call vote: AYES: NOES: ABSENT: ~ COUNCILMI~MBERS: Coronado, Lacavo, Partin, Powan& Mullen 0 COUNCILMEMBEPS: Alone 0 COUNCILMEMBBRS: None CONSIDERATION OF APPROVAL OF C'OMMERCIAL WARRANT LIST: It was moved by Mayor Mnllen and seconded bv Councilman Lacavo to approve the Warrant List for Warrants {72014 through #77,136 in the total amount of $35!,~64.74. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: $ COUNCILMEMBERS: Coronado, Lacavo, Partin, Rowan & Mullen 0 COIlNCILME~/rBEPS: None 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF RECREATION & PARF DISTRICT COMMERCIAL WARRANT LIST: Actin~ as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved bV Mavor Mullen and seconded hy Councilman Lacayo to approve the District Warrant List for Warrants #143~4 through #144~0 in the total amount of $34,869.g2. The motion unanimously carried bv the following roll call vote: AYES: NOES: A BSEIXTT: a C©UNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen 0 COIINCIL~EMBERS: None (~ CC)UNCB'.5~E~aBERS: ATone In re~ard to Item #32a concerning purchase of the Goldman property adjacent to the Civic Center, Mr. Essex reported that the property owner had accepted the City's appraised value of the property and the property was in escrow. He requested Council authorization to proceed with purchase of the propertv at the appraised value and requested that an appropriation he carried forward to the 1~8Z-83 budget if the funds are not expended in this fiscal year. City Council Minutes June ?8, 1082 It was moved bV Councilman Lacavo and seconded bv l~ayor Mu]]en to approve an appropriation of $8~,Z90 for purchase of the Goldman property and direct that if the funds are not expended in this fiscal year thevbe carried forward to the 7qg2-83 fiscal year. The motion unanimously carried bv the fo]lowing roll ca]] vote: AYES: NOES: ABSFNTT: COUNCILMEMBERS. Coronado, Lacavo, Partin, Powan & Mullen 0 COUNC[LMEMBERS: None 0 COUNC]LMEMBFP~S: None In regard to Item #32h concerning earthquakes, Councilman Lacayo reported that Sacramento has been studying the impacts of a major earthcmake in California and he recommended that staff collect data from this study and also determine in which intensity zone Cypress is located. He recommende0 that tbe City then publish a booklet for the public which outlines earthquake dangers and instructions on what to do durinl~ an earthquake. Councilman Coronado suggested that residents be advised about the availability of earthquake insurance. It was moved bv Councilman Lacavo and seconded bv Mayor Mullen to direct staff to conduct the earthquake study and prepare a report for the Council. The motion unanimously carried bv the following roll call vote: AVES: NOES: ABSEIX T: q COIJNCILIxaEMBEPS: 0 COUNCILMEMBEP,q: 0 c-OUNCIL ~I~'MBER S: Coronado, Lacayo, Partin, Powan & Mn!leo None None RECESS: Mavor Mul]en recessed the meetina at 11:?,~ D.m. in order for the Council to consider Item {34 as the Pedevelonment Agency. The meeting was called hack to order at ] ]:2g p.m. with all Councihvembers present. In reaard to Item #Tt, ('onsideration of Neport to the Redevelopment Agency Concerning the Civic Center Proiect Area, it was moved hvMavor Mullen and seconded hV Councilman Lacavc~ that the City Cmmci] accept the renort from the Cypress Community Redevelovment Agency on the Pedevehmmont Plan for the Civic Center Project Area. The motion unanimously carried bv the following roll call vote: AYES: NOES: ARSFNT: (~O[TNCH. Ix~EMBERS: Coronado, Lacavo, Partin, IPov, an & !~ullen COUNCIIfiX~EMBEP S: None CO! NOILS~E[aBERS: None In regard to Item #3Zc concerning a comm~mication from the City of Anaheim requestinff the City Council to ~o on record in opposition to the 10-lane widening of the Santa Aha Freeway, it was moved hv Mayor Mnl!en and seconded by Councilman Lacayo to receive and file this matter. The motion unanimouslv carried hy the following roll call vote: AVES: NOES: ABSENT: n cOU NCIL~EMBEP S: 0 C(3~INCILMEI~BERS: 0 COUNCII.,MFIXXBER S: C'oronado, Lacayo, Partin, Rowan & Mullen None None ORAl, COtx]MIJNICATIOI',iS: C(mncilman Lacavo reported that he received a communication an--d~bt~tion fro-~-'~'~]dents of the Lincoln Center mobilehome hark who objected to the Cwpress Postmaster's proposal to have a centralized mail delivery location in the park and discontinue mail delivery to individual coaches. The letter pointed out the residents' concerns over the proposal. It was moved by Councilmam Lacayo and seconded by Mayor Mullen to recmest the Mayor to send a communication to the Cypress Postmaster reauesting that he reconsider the proposed change far mail delivery at the mobJlehome park. The motion unanimously carried h¥ the followin~ roll call vote: AYES: NOES: ABSENT: 5 COUNCIL~EMBERS: Coronado, Lacavo, Partin, Rowan gr Mullen 0 ('OUNCILMEMBEI~S: None 0 COUb!CILI~EMBERS: None ADJOIJR~xI~x~ENT: Mayor Mullen adSourned the meeting at MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK '(3F THE O~TY OF CYPPFSS