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HomeMy WebLinkAboutMinutes 82-07-12162 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 12, 198Z The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday, July 12, 198~, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress~ California, Mayor Gerald Mullen presiding. PRESENT: ABSENT: Councilmembers Coronado, Partin, Rowan & Mullen Councilman Lacayo Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, Barney Allison, Asst. City Attorney, and the following staff members: Barrett, Dunn, Lamm, Lowenberg, Powell, Schatzeder and Thomas. Mayor Mullen announced that Councilman Lacayo had a business conflict and would be absent from the meeting. PLEDGE OF ALLEGIANCE: Councilman Partin led the pledge to the flag. PRESENTATION OF EMPLOYEE SERVICE PINS: Mayor Mullen presented ten-year service pins to Police Agent Hugh Patty and Assistant to the City Manager David Barrett, and presented a Z0-year service pin to City Manager Darrell Essex. Employees not present who received five-year service pins were Mary Thoman and Sandra Weuve, and employees receiving 10-year service pins were Jim Weuve, Andy Jackson, Ed Herbold and Howard Crisp. MINUTES: It was moved by Mayor Mullen, seconded by Councilman Partin and unanimously carried to approve the minutes of June 28. STAFF REPORTS & DISCUSSION: The City Manager requested an Executive Session to discuss matters of personnel and litigation. CONSIDERATION OF AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF MOODY STREET~ NORTH OF MYRA AVENUE~ CITY OF CYPRESS PROJECT ~8311-50: The City Manager presented a report from the Public Works Director dated July 6 which outlined four bids received. The City Manager made a correction to the recommendation portion of the report. It was moved by Mayor Mullen and seconded by Councilman Coronado to: (1) authorize an appropriation from the fund balance of the 2106 Gas Tax Fund and appropriate $14,420.00 to Account {22-4180-538.22; and (2) determine that the lowest responsible bidder for Project #8311-50 is Baxter-Griffin Company, Inc., 8210 Monroe Street, Stanton, California, and award them the contract in the amount of $14,420.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen None Lacayo ORAL COMMUNICATIONS: Mayor Mullen asked if anyone wished to speak in regard toany matter not on the agenda. Mr. Larry Turner, 9283 Vista Mesa, Cypress, reported on problems he is having with his street tree which drips sap and is a messy nuisance. He stated the tree is unhealthy and the Maintenance Department has sprayed it twice. He requested that it be removed and replaced. The Council requested that staff check the tree and present a report at the July 26 meeting. CONSIDERATION OF AWARD OF CONTRACT FOR RIDE-ON TURF MOWER: The City Manager presented a report dated July 0 from the Finance Director who recommended the purchase of the turf mower from C. R. Jaeschke, Inc. at last year's quoted price. It was moved by Mayor Mullen and seconded by Councilman Partin to award the contract for purchase of a ride-on turf mower to C. R. Jaeschke, Inc. in the amount of $4,690.50. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo City Council Minutes July 1Z, 1982 CONSIDERATION OF AWARD OF CONTRACT FOR POLICE PATROL CAR: The City Manager presented a report from the Finance Director dated July 6 and a supplemental report from the Police Chief dated July 9 which outlined two price quotes. It was moved by Mayor Mullen and seconded by Councilman Partin to authorize the immediate purchase of the police vehicle from Love Chevrolet, 9871 Greenback Lane, Folsom, California, in the total amount of $9,183.00. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINING: 3 COUNCIl.MEMBERS: Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Lacayo 1 COUNCILMEMBERS: Coronado 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 on the agenda. It was moved by Mayor Mullen and seconded by Councilman Coronado to approve Items 4~5 through #9 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Lacayo Item #5: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item #6: Consideration of Appointment of the Delegate and Alternate to the Orange County Health Planning Council. Recommendation: That the City Council authorize staff to solicit applications for the appointment of a delegate and an alternate to the Orange County Health Planning Council. Item #7: Consideration of Authorization for the Public Works Director to Attend the 1982 International Public Works Congress. Recommendation: That the City Council authorize the attendance of the Public Works Director to the 1982 International Public Works Congress to be held in Houston, Texas, from September 11-16, 1982, and be reimbursed for all actual and necessary expenses incurred. Item #8: Consideration of Authorization to Attend the Annual League of California Cities Conference, October 17-20, 1982. Recommendation: That the City Council authorize the Mayor and Members of the City Council to attend the 84th Annual Conference of the League of California Cities to be held on October 17-20, 1982, in San Diego, and be reimbursed for all actual and necessary expenses incurred. Item #9: Consideration of Renewal of Agreement with the Family Health Program for Medical Services for City and District Employees. Recommendation: That the City Council and acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District authorize continuation of the agreement with the Family Health Program at the new rates outlined in the report. CONSIDERATION OF THE HEARING OFFICER'S RECOMMENDATION ON THE APPEAL BY RICHARD G. LOPEZ ON HIS DISMISSAL AS A POLICE OFFICER: At the request of the employee's attorney, Mayor Mullen announced that this matter would be continued to the Executive Session. CONSIDERATION OF CiTY NEWSLETTER ARTICLES: The City Manager presented a report dated July 7 which transmitted the newsletter articles. The Council asked staff to verify the runway length mentioned in the article on Los A]amitos AFRC. Councilman Partin asked about the base's response to telephone calls concerning air traffic over homes. Col. James Ghorm]ey of Los Alamitos ARFC stated the air station does have responsibility for the air traffic regardless of the fact that the Katella Avenue flight pattern has been raised. He stated the officers should be responding with this information. The Council approved the newsletter articles as submitted subject to verification of the air station article. -2- City Council Minutes July 1Z, 198Z CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #8Z-5 AND PARCEL MAP ~8Z-11Z1, MCDONNELL PLAZA-CYPRESS~ 5701 KATELLA AVENUE: Mayor Mullen opened the public hearing. The City Manager presented a report from the Community Development Director dated July 2 which indicated that, following the last Council meeting, the applicant and City engineering staff had met to review the proposed conditions of approval. The applicant and staff had reached agreement on the conditions, and the staff report transmitted the revised conditions. Mr. Merle Pautsch, Project Manager for MDC Realty, stated the applicant met with the public works staff and is in agreement with the conditions as presented. He reported their design team members are present. Mr. Pautsch provided the Council with a handout summarizing the economic benefits of the project for the City. In addition to public improvements which would be installed by McDonnell, Phase I would generate annual property tax revenue of SZ4-Z5,000, and annual sales tax revenue of $64,000 to the City. Mayor Mullen asked if anyone wished to speak in support or in opposition to the application. No one wished to speak. Staff reported for the record that a letter dated July 8 from Mr. Michael Simondi addressed to the City Attorney had been received which outlined additional arguments in support of the applicant's position. Lt. Col. James Ghormley, Los Alamitos AFRC, described the appeal which the Army had submitted to the FAA in Washington and reported that the FAA must first determine whether or not they will hear the appeal. If the FAA denies hearing the appeal, the decision by the FAA's western regional office becomes final. If the appeal is granted, the FAA will reopen the process which can take as long as six months. Mayor Mullen inquired about the consequences of the FAA upholding the Army's appeal. The Asst. City Attorney reported that if the FAA redetermines there is a hazard by sustaining the Army's appeal, the Airport Land Use Commission may find an inconsistency between the City's approval of the project and the airport land use plan and may call a public hearing after which the matter would be returned to the Council Councilman Rowan noted that the Airport Land Use Commission's decision can be overridden by a 4/5 vote of the Council. He stated he supported the project since it had been determined it would not change the air station operations. With regard to the building height setting a precedent, Councilman Rowan stated he would judge each development proposal individually on its own merits. It was moved by Councilman Rowan and seconded by Mayor Mullen to close the public hearing and adopt the Resolution by title only, title as follows, approving Conditional Use Permit ~8Z-5 subject to the conditions recommended by staff: RESOLUTION NO. Z537 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 8Z-5 - WITH CONDITIONS. Councilman Coronado stated that although he is committed to maximum utilization of the industrial property and enhancing the City's economic position, he opposed the variance request based on his feeling that the air space should be protected from obstruction. Mayor Mullen stated he supported the project since it will establish a theme of development for the McDonnell property and quality standards for the entire industrial area. He stated no testimony was presented indicating that the project would create a hazard or threaten the mission of the air station. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Partin, Rowan & Mullen NOES: 1 COUNCILMEMBERS: Coronado ABSENT: 1 COUNCILMEMBERS: Lacayo PUBLIC HEARING RE: ANNEXATION ~8Z-l~ COUNTY UNINCORPORATED ISLAND SOUTH OF CRESCENT AVENUE ALONG WALKER STREET: Mayor Mullen opened the public hearing. The Community Development Director presented a report dated July Z describing the annexation procedure. He reported the annexation would align the City boundaries with the existing Cypress Recreation & Park District boundaries, and would provide the residents with City services including police and fire protection and street sweeping at an estimated cost of $5.00 per year per property owner. He reported that public hearing notices were mailed to 273 property owners and to date no written protests were received. -3- City Council Minutes July lZ, 1982 Mayor Mullen announced that the Council had neglected to take action on the MDC Realty parcel map. It was moved by Mayor Mullen and seconded by Councilman Partin to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2538 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL MAP NO. 8Z-1121 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Partin, Rowan & Mullen 1 COUNCILMEMBERS: Coronado i COUNCILMEMBERS: Lacayo With regard to Annexation 4~8Z-1, Mayor Mullen asked if anyone wished to speak in support. Mr. Ed Southfield, President of the Cypress County Water District, stated the Board would like a smooth transition of the annexation area from the County to the City. Mr. Jerry Jehoich, 56Z2 St. Anne, Cypress, stated that after discussions with all affected agencies, he favors the annexation. Mayor Mullen asked if anyone wished to speak in opposition. Mr. Ted Cornish, 54ZZ Crescent, Cypress, stated he has doubts about the advantages of annexation and stated the only gain will be street sweeping service since there are adequate fire and sheriff services. He questioned the City's motive in desiring the annexation and stated he is concerned about redevelopment and the City coming in and taking property. Mr. Barry Cannata, 5331 De Long, Cypress, asked for the Council's assurance that there is no plan for redevelopment in the annexation area or plans for rezoning. He reported that he had purchased properties in Cypress under an R-Z listing but cannot develop them residentially because the properties were rezoned without notification to him. Mr. Cannata felt the annexation area has adequate police protection from Cypress, La Palrna and the Sheriff's Department. Mr. Cannata expressed concern that he did not receive a hearing notice about the proposed use of Mackay School, located in the County area. Mr. Cannata recommended that there be further discussions on the annexation issue. He stated there has never been a petition or a vote taken. He stated there are several people who have lived in the County area for many years, do not want to change, and do not feel the City is offering anything Mayor Mullen advised Mr. Cannata that the Council had never considered and had no plans for redevelopment and rezoning in the annexation area. Mr. Cannata reported that at one of the public meetings on annexation held at Mackay School, the residents were advised about the availability of low-interest home improvement loans. He stated this suggests a need for him to fix up his home. Councilman Rowan advised that a County employee had attended the meeting and had reported on the availability of the loans County-wide. Mr. Cannata stated he opposed the annexation and felt that other persons present opposed it. The Community Development Director reported that the public hearing notice, mailed to 273 property owners, requested that written protests be submitted prior to the public hearing. Mr. Lamm reported that staff has been monitoring the submittal of protests and as of this afternoon no written protests had been received. Mayor Mullen stated the proposed annexation area is located in the City of Cypress' sphere of interest and the Council is interested in establishing the logical City boundaries. He stated annexation would provide the residents with more accessible government services. Councilman Rowan stated that some of the area residents felt the sheriffs' response time was too long. He stated the Council had adopted a resolution expressing their intent to support and continue the public improvement {HCD) projects begun in the annexation area. Councilman Rowan stated the City provides more than adequate notice for public hearing matters. /ci6 6c · y ouncil Minutes July 1Z, 198Z Councilman Rowan reported that the annexation process began following Buena Park's attempt to annex the subject area. Since the property is located within Cypress' sphere of influence, the Local Agency Formation Commission requested that Cypress initiate the annexation. Councilman Rowan stated he was in favor of resolving the City boundary problems. He indicated the County is interested in de-annexing areas which are uneconomical to support. He stated the City must follow legal requirements relating to property owner/voter protests to the annexation. Mayor Mullen stated he would support a continuation of the hearing if there are persons who wish to file written protests. Mr. Ralph Goldsbury, 5261 La Luna, La Palina, stated that all of the persons present are not here on the annexation issue. Mrs. Christine Swain, 536Z Crescent, Cypress, stated she is a 50-year resident of Cypress and has supported the annexation for a number of years. She reported that the main concern of some residents is that they would like to remain as they are. Mrs. Swain felt annexation would be advantageous and stated she would like government services to be more local She stated annexation to Cypress would be preferable to annexation to other cities. It was moved by Mayor Mullen and seconded by Councilman Coronado to close the public hearing, adopt the following Resolution by title only, title as follows, and direct staff to complete the processing of the annexation: RESOLUTION NO. Z539 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS "ANNEXATION NO. 8Z-l" TO THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen 0 COUNCrLMEMBERS: None 1 COUNCILMEMBERS: Lacayo In regard to Item #iZ, Public Hearing Re: Application for Special Permit-Dorothy K. Boone, DBA Precious Metal Exchange of California, 5899 Cerritos Avenue, Cypress, the City Manager requested that this matter be continued to the Executive Session. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. CHARLES C. CARLSON ON BEHALF OF WATKINS PRODUCTS: Mayor Mullen opened the publlc hearing. The City Manager presented a report dated July 6 describing the application to allow door-to-door solicitation for the sale of Watkins Products, i.e., spices, health food, soap, extracts and other non-perishable items, by Mr. Charles C. Carlson. No written communications were received regarding the application and the Police Department's investigation found no basis for protest. Mayor Mullen asked if anyone wished to speak in support or in opposition. No one wished to speak. It was moved by Mayor Mullen and seconded by Councilman Coronado to close the public hearing and approve the Special Permit for Mr. Charles C. Carlson on behalf of Watkins Products, with the condition that solicitation shall be limited to Monday through Saturday from 9:00 a.m. to 6:00 p.m. (daylight hours only). The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen 0 COUNCIl.MEMBERS: None 1 COUNCILMEMBERS: Lacayo PUBLIC HEARING RE: CONDITIONAL USE PERMIT #8Z-7~ CYPRESS FARMS PRODUCEr 5491 CERRITOS AVENUE~ CYPRESS (OFF-SITE SALE OF ALCOHOLIC BEVERAGES); Mayor Mullen opened the public hearing. The City Manager presented a report from the Community Development Director dated July 1 describing the application. Mayor Mullen announced that the Council had received a communication from the applicant who requested that the application be withdrawn. -5- City Council Minutes July 12~ 198Z It was moved by Mayor Mullen and seconded by Councilman Coronado to approve the applicant's request to withdraw the application for Conditional Use Permit ~8Z-7. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Lacayo JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONCERNING THE CMC CENTER REDEVELOPMENT PLAN: Mayor Mullen opened the 167 public hearing. Mr. Lamm summarized a report dated July Z which outlined previous Council/Agency actions towards implementing the Civic Center Redevelopment Plan and procedures for conduct of the joint public hearing. Mr. Lamm described the redevelopment project area which encompasses 71 acres. He reported the Plan has been reviewed at three Council meetings and five meetings were held with the property owners. Mr. Lamm reported that the Council presently has no plans to condemn property. He reported that all acquisitions by the City of property adjacent to the Civic Center have been on the open market. He indicated that if the City wished to acquire property in the project area, State law requires the City to provide financial and physical relocation assistance and pay fair market value for the property. Mr. Lamm reported that in order to take advantage of the 1981-82 tax assessment base year, the plan must be adopted before August Mayor Mullen explained the public hearing procedure on the Redevelopment Plan. The City Manager read a letter dated July 9 from Cypress School District Superintendent William Calton which indicated the Board wishes to work closely with the City on the Redevelopment Plan and hopes the District's property can be developed to benefit both agencies. Councilman Coronado advised the Council that he had a flight tonight and would leave the meeting early. Mayor Mullen asked if anyone wished to speak on the Redevelopment Plan. Mr. Henry Davis~ President of the Happiness Foundation~ 5202 Lincoln~ Cypress~ stated the day school and church are successfully functioning on their property~ they do not consider the property blighted~ and they would like the property deleted from the project area. Mr. Davis stated the property is totally dedicated to the education of young people and that redevelopment offers them no benefit at present. In response to Councilman Coronado's question regarding earthquake dangers, Mr. Davis described the building construction and stated it meets all current building standards and it is earthquake-proof. Mr. Davis expressed concern over the lateness of the hearing notice which he received on June 15. Chairman Rowan reported that the Council/Agency had never considered making any changes to the school property~ and the Council had included the property in the project area because they were advised that the Happiness Foundation was considering sale of the property to commercial interests. He stated the present church/school activities can continue since the City has no plans for the property. COUNCILMAN CORONADO LEFT THE MEETING AT 8:40 P.M. Mr. Davis asked questions regarding the redevelopment tax increment and staff reported that the church property could be included in the plan at some future date through a plan amendment and the base year upon which tax increment is calculated for their property would be following the date of the amendment. Mr. Davis stated the Happiness Foundation does not want to sell their property. Mr. Davis cited the Redevelopment Plan objectives which are to promote commercial development along the Lincoln Avenue frontage of the redevelopment area. He felt that if his property is proposed for redevelopment, the two neighboring churches should also be included in the plan. Chairman Rowan stated the Council/Agency had never discussed changing the use of the Happiness Foundation property and did not support condemnation. He stated the primary area of blight identified in the plan is the area east of the Civic Center. He reported that the City has acquired property only when the owners offered it for sale. Mayor Mullen asked if Mr. Davis' only objection was to condemnation. Mr. Davis stated he felt the Agency's powers would exceed eminent domain. He expressed concern that his property could be affected if there was a change on the Council. Chairman Rowan stated that~ unlike the City, -6- July 12, 1982 the Agency has no zoning powers and the Agency cannot restrict the Foundation's sale of their property. Mr. Allison advised that written assurances are available to the property owners through the Agency's Owner Participation Rules which provide that if the Agency determines a property is in conformance with the Redevelopment Plan, the property is not subject to eminent domain as long as it conforms to the plan. Mr. Murphy stated that while the Agency cannot guarantee that a property will not be subject to condemnation, the Agency can have protective devices which limit its right to proceed with eminent domain. Mr. Davis stated the Foundation feels it is being discriminated against for economic reasons and feels the other two churches should be included in the redevelopment plan since they have more vacant land. Mr. Davis identified several commercial properties along Lincoln Avenue which he felt were in blighted conditions and were more appropriate for redevelopment. Mr. Jack Stevens, 7533 E1 Cortez, Buena Park, Pastor of Calvary Chapel at 5202 Lincoln, stated he violently opposes the redevelopment plan as it applies to their property. He felt the redevelopment plan went beyond the intent of promoting senior citizen housing. Mr. Stevens objected to the Church's inclusion in the plan for economic reasons and stated the Church property was not intended to facilitate seniors housing. He felt the Church received insufficient hearing notice to allow them to respond to the redevelopment plan. Mr. Stevens stated blighted conditions do not apply to the Church property and he asked that it be deleted from the project area. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, expressed concerns over the authority and growth potential of a redevelopment agency and stated an agency can get out of control Mr. Hardcastle objected to the Church's inclusion in the project area and stated he opposes the total redevelopment agency concept. He stated the agency has no purpose and he suggested that it be ended now. Mr. Ralph Goldsbury, 5Z61 La Luna, La Palma, stated the Redevelopment Plan contains inaccurate information about the commercial potential for the Church property. He requested that the property be deleted from the project area. Chairman Rowan stated the Church property can be deleted from the plan and that he had no intent to pursue something that is objectionable. He stated the seniors housing proposal has no relation to the Lincoln Avenue property. Chairman Rowan stated the Agency had no intents to do anything on the Church/school property as long as the current use remained. He indicated the Agency had considered the benefits of including the property in the plan in the event that the property owner would consider selling the property. Mr. Bob Conway, 9090 Moody, #Z5Z, Cypress, inquired if the Councilmembers were members of the Redevelopment Agency and when the environmental impact report was first made available to the public. Mr. Conway asked how conclusions about environmental impacts could be made in the EIR since there were alternative land use proposals for the Lincoln Avenue property. Mr. Conway felt the Council would not be protecting the rights of citizens if the Redevelopment Agency allowed a land use proposal that was not environmentally or aesthetically beneficial Mr. Conway stated a responsible approach by the Agency should involve more detailed study of the options, rights and privileges of the property owners, City and Agency according to the various proposals. He suggested establishment of community committees and further meetings. Mrs. Alice Vandermeer, 9375 Walker, Cypress, stated she is very much against redevelopment and feels it is unfair. She asked if she would receive a 198Z price for her property if it was purchased by the Agency in several years. The Council advised her that the Agency must pay the current fair market value for property it purchases, and that 198Z was the base year for the tax increment calculation. Mrs. Vandarmere stated she and many other property owners misunderstood the tax freeze. Mr. Michael Gonzalez, 5406 Wicker Drive, Cypress, stated he opposes redevelopment. He stated his property is almost paid for and he is hesitant to upgrade it because of the threat of condemnation. Mayor Mullen responded that the Council did not support forced condemnation of property east of the Civic Center. Chairman Rowan stated the Agency would like to have first option when parcels are being offered for sale. The City Manager stated for the record that the City had not condemned any property nor had it solicited or contacted any property owner to determine if they were interested in selling their property. He stated the properties which the City has purchased were ones where the initial contact was made by the property owner. -7- City Council Minutes July 12, 1982 Mr. Francis Madore, 9192 Windsor, Cypress, stated the Council, as elected representatives, should be responsive to the residents who have expressed opposition to the redevelopment proposal Mrs. Christine Swain, 536Z Crescent, Cypress, Board Member of the Cypress School District, stated she would like to be able to assure the Board that the City will discuss the Board's concerns regarding the District property. Mayor Mullen stated the Council will participate in a joint meeting with the Board at their request. Mr. Herb Monroe, 6597 Myra, Buena Park, asked if the Redevelopment Agency would receive any Federal grant money. The Council advised him that the Agency would not receive Federal funds, and that the Council did not support a Federally-funded seniors housing project. Mr. Monroe inquired about the proposed use of properties the City was acquiring and expressed concerns over inverse condemnation. RECESS: Mayor Mullen called a recess at 10:15 p.m. The meeting was called back to order at 10:30 p.m. with Councilmernbers Coronado and Lacayo absent. It was moved by Mayor Mullen and seconded by Councilman Partin to delete the Happiness Foundation property from the redevelopment project area. Following Council discussion on the motion, the motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: 0 COUNCILMEMBERS: Z COUNCILMEMBERS: Partin, Rowan & Mullen None Coronado & Lacayo Mr. Doug Richardson, 563Z Bonfair, Lakewood, Assistant Pastor of Calvary Church, stated his concern is that redevelopment agencies begin with good intentions and appear beneficial to property owners who are selling their ]and, but problems usually appear in the later stages. Mr. Henry Davis of Happiness Foundation thanked the Council for their action of protecting the Church's interests. Mr. Joe Hardcastle, 4588 B]anca Drive, Cypress, expressed concern that redevelopment would deprive other agencies of tax dollars. He stated these agencies will find other means of raising revenue to the detriment of taxpayers. Mr. Francis Madore, 919Z Windsor, Cypress, thanked the Council for their action and said they were on the right track. Mr. William Calton, Superintendent of the Cypress School District, stated that because of the state-wide impact which redevelopment agencies have on funding levels of counties and schools, the School District is interested in working closely with the City/Agency in regard to the District's property. He stated that as funding becomes more difficult in the future, hopefully the two agencies can jointly provide quality education for Cypress residents. Mr. Jack Stevens, Pastor of Calvary Church, thanked the Council for responding to the Church with appropriate action. He stated the Church cares about senior citizens and will do everything it can to assist them. RECESS: Mayor Mullen recessed the City Council meeting at 10:47 p.m. and convened the meeting of the Cypress Planning Agency. It was moved by Councilman Rowan, seconded by Mayor Mullen and unanimously carried that the Planning Agency waive its right of review of amendments to the Redevelopment Plan. Mayor Mullen called the City Council meeting back to order at 10:50 p.m. with Councilmembers Coronado and Lacayo absent. It was moved by Mayor Mullen and seconded by Chairman Rowan to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. CRA-1Z A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY APPROVING THE REDEVELOPMENT PLAN FOR THE CMC CENTER PROJECT AREA AND CERTIFYING AS TO ITS REVIEW OF THE FINAL EIR WITH RESPECT TO THE REDEVELOPMENT PLAN AND MAKING CERTAIN FINDINGS. -8- 170 City Council Minutes July 17., 198Z The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Partin, Rowan & Mullen NOES: 0 COUNC]LMEMBERS: None ABSENT: Z COUNC]LMEMBERS: Coronado & Lacayo It was moved by Mayor Mullen and seconded by Councilman Partin to adopt the following Resolution by title only, title as follows: RESOLUTION NO. Z540 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND CERTIFYING AS TO ITS REVIEW OF THE FINAL EIR WITH RESPECT TO THE CMC CENTER PROJECT AREA AND MAKING CERTAIN FINDINGS. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Partin, Rowan & Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: Z COUNCILMEMBERS: Coronado & Lacayo It was moved by Mayor Mullen and seconded by Councilman Partin to order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE CMC CENTER PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT AREA. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Partin, Rowan & Mullen NOES: 0 COUNCILMEMBERS: None ABSENT: Z COUNCILMEMBERS: Coronado & Lacayo EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 10:53 p.m. for matters of personnel and litigation. The meeting was called back to order at 11:41 p.m. with Councilmembers Coronado and Lacayo absent. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - DOROTHY K. BOONE~ DBA PRECIOUS METAL EXCHANGE OF CALIFORNIA? 5899 CERRITOS AVENUE~ CYPRESS: Mayor Mullen opened the hearing. It was moved by Mayor Mullen and seconded by Councilman Rowan to continue the public hearing to the August Z3 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: 0 COUNCILMEMBERS: Z COUNCILMEMBERS: Partin, Rowan & Mullen N one Coronado & Lacayo Mr. James Boone, 8391 Ridgeway, Buena Park, previous owner of Precious Metal Exchange, reported that he had received a favorable report from the Police Chief on his application two years ago but subsequently a new law was passed in 1982 and he was denied a State license to operate a secondhand business. Mr. Boone stated he no longer has an interest in running the business but asked that his wife, the applicant, be given favorable consideration. He stated his wife is capable of operating the business on her own and will employ a gemologist. Hearing no objections, Mayor Mullen continued the following items to the July 26 meeting for consideration by a full Council: Item 4~16, Continuation of Consideration of Communication from Mr. & Mrs. Gersh Re: A Parkway Tree at 9675 Doreen Drive, Cypress; Item #17, Continuation of Consideration of Report Concerning the Straight Talk Clinic/Cypress College Swap Meet; Item #18, Continuation of Consideration of Replacement of Four Pick-up Trucks Proposed in the 1982/83 Budget; and -9- 171 City Council Minutes July 1Z, 198Z Item 419, Continuation of Consideration of Authorizing the Filing of Written Arguments for City Measures on the November Z, 1982 Ballot. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Mayor Mullen and seconded by Councilman Rowan to approve the Warrant List for Warrants 472137 through 47ZZ64 in the total amount of $583,397.96. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: 0 COUNCILMEMBERS: Z COUNCILMEMBERS: Partin, Rowan & Mullen None Coronado & Lacayo CONSIDERATION OF THE HEARING OFFICER'S RECOMMENDATION ON THE APPEAL BY RICHARD G. LOPEZ ON HIS DISMISSAL AS A POLICE OFFICER: The City Manager presented a report dated July 6 which indicated that the Hearing Officer had sustained the Police Chief's dismissal action. It was moved by Mayor Mullen and seconded by Councilman Rowan to continue this matter to the July 26 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: 0 COUNCILMEMBERS: Z COUNCILMEMBERS: Partin, Rowan & Mullen None Coronado & Lacayo SECOND READING OF ORDINANCE RE: AMENDMENT TO PERS CONTRACT: It was moved by Mayor Mullen and seconded by Councilman Rowan to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 691 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. The motion unanimously carried by the following roll call vote: AYES: 3 COUNC]LMEMBERS: Partin, Rowan & Mullen NOES: 0 COUNC]LMEMBERS: None ABSENT: Z COUNCILMEMBERS: Coronado & Lacayo CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: Acting as the ex officio Board of Directors of the Cypress Recreation and Park District, it was moved by Mayor Mullen and seconded by Councilman Partin to approve the District Warrant List for Warrants 414411 through 414488 in the total amount of $28,092.23. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 2 COUNCILMEMBERS: Coronado & Lacayo ADJOURNMENT: Mayor Mullen adjourned the meeting at 1Z:00 a.m. to Monday, July 19, at 6:30 p.m. in the administrative conference room. MAYOR OF THE CITY OF CYPRESS REDEVELOPMENT AGENCY ATTEST: , c ,, ~,~,// , ~ r ( /~ CITY CLERK OF THE CITY OF CYPRESS -10-