HomeMy WebLinkAboutMinutes 82-09-27MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
September Z7, 198Z
219
The regular meeting of the Cypress City Council was called to order at 6:34 p.m. on Monday,
September ZT, 1982, in the Cypress City CoUncil Chambers, 5Z75 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, John Murphy, City Attorney, and
the following staff members: Barrett, Dalesandro, DeCarlo, Dunn, Lamm and Lowenberg.
PLEDGE OF ALLEGIANCE: CoUncilman Coronado led the pledge of allegiance.
ORAL COMMUNICATIONS: No oral communications were presented at this time.
MINUTES: It was moved by Mayor Mullen, seconded by Councilman Lacayo and carried, with
Councilman Coronado abstaining, to approve the minutes of September 13.
STAFF REPORTS & DISCUSSION: At the City Manager's request, the Mayor added to the
agenda Item #Z9a regarding an appointment to the Orange County Solid Waste Management
Committee; Item ~29b regarding a presentation by the Orange County Fire Department on
smoke detectors; and an Executive Session for matters of personnel and litigation.
EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 6:37 p.m. to discuss
matters of personnel and litigation. The meeting was called back to order at 6:55 p.m. with
all Councilmembers present.
CONSIDERATION OF AWARD OF CONTRACT FOR ONE 16" BRUSH CHIPPER~ REQUEST
FOR QUOTATION ~8Z83-09: The City Manager presented a report from the Finance
Director dated September 13 outlining two bids received.
It was moved by Mayor Mullen and seconded by Councilman Coronado to accept the bid of
AspluncLh Manufacturing Division, Z$01 Nor[h Tyler Avenue, E1 Monte, California, as the
lowest responsible bidder and award them the contract in the amount of $8,493.90. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCK. MEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
CONSIDERATION OF AWARD OF CONTRACT FOR FOUR 3/4 TON PICK-UP TRUCKS~
REQUEST FOR (~UOTATION 4~8283-10.· The City Manager presented a report dated
September Z0 from the Finance Direct°r which outlined four bids received.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to accept the bid of
Maurice $. Sopp & Son, 5801 Pacific Boulevard, Huntington Park, California, as the lowest
responsible bidder and award them the contract in the amount of $31,067.76. The motion
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
1 COUNCIl. MEMBERS: 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 listed on the agenda.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve Items #3
through #16 on the Consent Calendar. The motion unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
COUNCIl.MEMBERS: None
COUNCILMEMBERS: None
City Council Minutes
September ZT, 198Z
Item #3: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item ~4: Consideration of Proclaiming November 7-14, 198Z, as Hospice Week.
Recommendation: That the Mayor and City Council officially proclaim the week of
November 7-14, 198Z, as "Hospice Week" in the City of Cypress as requested.
Item #S: Consideration of Claim for Damages Submitted by Mr. Rodney J. Offerman.
Recommendation: That the City Council officially reject the subject claim and refer it to
the City's Insurance Adjuster, Carl Warren & Company, for appropriate disposition.
Item ~6: Consideration of an Application for an Original Alcoholic Beverage License Filed
by Mark J. Benak, DBA Submarine Sandwich Building Co., 9187 Valley View Street, Cypress.
Recommendation: Receive and ]~ile.
Item i~7: Consideration of Proclaiming October and November 1982 as Shop Locally Months.
Recommendation: That the Mayor and City Council officially proclaim October and
November 198Z as "Shop Locally Months" in the City of Cypress.
Item itS: Consideration of Acceptance of Traffic Signal on Moody Street, North of Myra
Avenue, City of Cypress Project ~8311-50.
Recommendation: That the City Council accept the traffic signal on Moody Street, north of
Myra Avenue, as being satisfactorily completed in accordance with the plans and
specifications and authorize the City Clerk to release the Labor and Material Bond upon
expiration of the required lien period, providing no liens have been filed, and to release the
Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in
material and workmanship become evident.
Item ~9: Consideration of Authorization to Attend the Seventh Annual California Public
Employees' Labor Relations Association (CALPELRA) Conference on November 10-13, 198Z,
in Monterey, California.
Recommendation: That the City Council authorize the Administrative Assistant/Employee
Relations, Steve Duma, to attend the Seventh Annual Conference of the California Public
Employees' Labor Relations Association (CALPELRA) to be held on November 10-13, 198Z, in
Monterey, California, and be reimbursed for all actual and necessary expenses incurred.
Item ~10: Consideration of Resolutions of Commendation for Cypress Softball and Baseball
Teams.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follows, commending the Cypress Girls Softball League, Mini Division All-Star Team; the
Cypress Federal Little League Senior Division Thirteen-Year-Old All-Star Team; the Tri-City
Gordon's Women's Fast Pitch Baseball Team; and the Gordon's Junior Olympic Travel Girls
Softball Team:
RESOLUTION NO. Z560
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING CYPRESS GIRLS SOFTBALL LEAGUE FOR ITS
OUTSTANDING 198Z SEASON.
RESOLUTION NO. 2561
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING CYPRESS FEDERAL LITTLE LEAGUE SENIOR DMSION
ALL-STARS FOR THEIR OUTSTANDING ACCOMPLISHMENTS IN THE 198Z
SEASON.
RESOLUTION NO. Z56Z
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING THE TRI-CITY GORDON'S FOR AN OUTSTANDING 198Z
SOFTBALL SEASON.
-Z-
221
City Council Minutes September 27, 1982
RESOLUTION NO. 2563
A RESOLUTION OF THE crrY COUNCIL OF THE CITY OF CYPRESS
COMMENDING GORDON'S JUNIOR OLYMPIC TRAVEL GIRLS SOFTBALL
TEAM FOR ITS OUTSTANDING ACHIEVEMENT IN SOFTBALL.
Item # 11: Consideration of Proclaiming October 4-9, 1982, as Productivity Improvement
Week.
Recommendation: That the Mayor and City Council officially proclaim the week of October
4-9, 1982, as "Productivity Improvement Week" in the City of Cypress.
Item ~12: Consideration of Acceptance of Final Tract Map #11099, Orange Avenue, South
Side, East of Walker Street.
Recommendation: That the City Council approve Final Tract Map ~11099 and accept the
bond for public improvements in the amount of $]0,600.00, which is not less than 50% nor
more than 100% of the total improvements, and authorize the City Clerk to sign the record
Item ~13: Consideration of Resolution Commending Mr. Scott Livingstone on Being Selected
as Mr. U.S.A. in the Lightweight Body Building Competition.
Recommendation: That the City Council adopt the Resolution by title only, title as follows:
RESOLUTION NO. 2564
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING MR. SCOTT LIVINGSTONE ON BEING SELECTED AS MR.
U.S.A. IN THE LIGHTWEIGHT BODY BUILDING COMPETITION.
Item ~14: Continuation of Consideration of Report on the Straight Talk Clinic/Cypress
College Swap Meet.
Recommendation: That the City Council continue consideration of this item to the meeting
of October 1Z, 1982.
Item ~15: Continuation of Consideration of Public Utilities Commission Explanation of
Southern California Water Company's "Bill Insert".
Recommendation: That the City Council continue consideration of this item to the meeting
of October 12, 1982.
Item ~10: Consideration of Employment List - Motor Sweeper Operator.
Recommendation: That the City Council certify the employment list for the position of
Motor Sweeper Operator as submitted.
CONSIDERATION OF INTERVIEW SCHEDULE FOR APPOINTMENT OF AN ALTERNATE
TO THE SENIOR CITIZENS COMMISSION: Mr. Essex presented a report dated September
which indicated that two applications had been submitted.
The Council decided to schedule the interviews at the next regular meeting on Monday,
October 12, beginning at 6:00 p.m.
CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR.
MICHAEL R. CURRIN~ 5225 BRUNSWICK DRIVEr CYPRESS: Mayor Mullen opened the
public hearing. Mr. Essex provided the Council with copies of seven communications which
staff received following the September 13 meeting from neighbors of the applicant in support
of the business at this location. He reported that staff received one phone call from Mrs.
Zobel who indicated she had no objections to the applicant but did object to the gun
business. Mr. Lamm summarized a report dated September 17 which clarified the applicant's
home occupation permit and outlined options available for the issuance of a special permit
for the sale of used firearms. Staff responded to questions from the Council regarding the
nature of the secondhand gun business.
-3-
222
City Council Minutes
September ~,7, 198Z
Mr. Michael Currin, the applicant~ 5ZZ5 Brunswick Drive, Cypress, stated he contacted the
Firearms Coordinator in Sacramento who advised him that he could store weapons and
ammunition at another location as long as the request was submitted in writing. Mr. Currin
stated he wrote a letter on September Z0 and subsequently he has been storing all weapons,
including his personal weapons, at this remote location which is outside of Orange County.
He reported that if he gets a firearm or ammunition through the mail from another state or
locally, it must be delivered by UPS to his home; it would then be transported on the same
day to the remote location. Mr. Currin stated his records must be kept at this location so
nothing would be stored at his residence. He stated he is required to notify the Justice
Department and Cypress Police Chief of each sale of handguns. Mr. Currin stated he would
prefer being able to make a delivery to a customer at his home; this would require him to
bring the weapon from the storage location to his home to make a delivery on the same day.
He reported that two other options available to him would present hardships: one option to
sell through another dealer would not be profitable and the second option of making delivery
at the remote location would require an additional 7 day waiting period and the mailing of
additional registered letters which would be impractical because of the small amount of
business he does. He reported that he makes no more than two or three sales per month.
Mayor Mullen asked if anyone wished to speak in support or in opposition to the application.
No one else wished to speak.
Mayor Mullen reported that he and Councilman Coronado received one phone call from
different persons who objected to the application, and the Council also received two letters
of opposition.
Mayor Mullen stated he could not support the application unless the firearms could be stored
and delivered in a non-residential zone. Councilman Coronado stated he agreed and that he
felt the firearms being located in a residential zone may attract an undesirable element into
the City. Councilman Rowan stated he supported the application. He stated the applicant's
neighbors had attested to his good character and the applicant had complied with federal and
state laws which are stricter than City regulations. He suggested that the Council could
impose a time limit on how long the applicant may store the firearms in his home,
Councilman Lacayo stated he shared the neighbors' concerns regarding the storage of
weapons in the home and delivery from the home. Mayor Mullen indicated that he also
objected to the physical storage of firearms and ammunition in a residential neighborhood but
stated he would not object to the business if the firearms were stored and delivered from the
location outside the residential zone.
Mr. Currin stated he would not object to making deliveries away from his residence but
stated he cannot change the procedure which requires him to receive firearms through UPS
at his home. Councilman Lacayo asked if Mr. Currin would be willing to amend his request.
Mr. Currin stated he will make deliveries away from his residence and not store firearms at
his residence.
Following further discussion, it was moved by Mayor Mullen and seconded by Councilman
Coronado to close the public hearing and approve the special permit for Mr. Michael R.
Currin subject to the conditions that: (1) the storage of weapons is prohibited at the
residence, and (2) weapons and ammunition shall be permitted to be received by UPS delivery
at the residence provided that within 24 hours after receipt they be removed, with the
packages unopened, to the place of storage which is outside of the City limits.
Councilman Rowan asked for a clarification of the motion with regard to personal weapons
and ammunition. Mayor Mullen stated the motion was not intended to address the applicant's
personal weapons or ammunition.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIl.MEMBERS:
0 COUNCILMEMBERS:
0 COUNCIl-MEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT 4~8Z-9~ MINI-
WAREHOUSE STORAGE BUILDINGS~ 4801 LINCOLN AVENUE: Mayor Mullen opened the
hearing. Mi'. Essex presented a report dated September 21 indicating the hearing was
continued from the September 13 meeting. Transmitted with the report was the economic
analysis prepared by Alfred Gobar Associates. Mr. Essex also provided the Council with
copies of a letter from Forest Lawn Memorial Park-Cypress in opposition to the mini-
warehouse proposal. The Community Development Director summarized a report dated
September 16 which provided a financial analysis of alternative land uses for the subject
property.
-4-
City Council Minutes
September Z7, 198Z
228
Mr. Dwight Harper, representing Public Storage Inc., 990 South Fair Oaks, Pasadena, stated
their presentation at the last Council meeting included a description of the pre-requisite
conditions of the conditional use permit and parking variance, and a description of the
architectural and landscaping treatment and operation of the warehouse project. He stated
the applicant would like to address the staff report.
Mr. Carl Beckman of Public Storage, Inc. stated they felt staff's estimated $70/square foot
of annual gross sales was a high figure for the property and suggested that the Council
consider figures which the City could realistically expect to receive versus theoretical
revenue estimates. He stated that commercial strip centers typically have a tenant mix
which includes businesses providing a service which do not generate sales tax revenue. He
stated he performed a brief survey of six existing commercial strip centers on Lincoln
Avenue which had a total of 69 units available of which 16 were vacant as of today (a 25%
vacancy factor). Of the remaining leased units, Z8 were in the category of generating no
sales tax revenue. Mr. Beckman indicated that adding more small unit stores to an overbuilt
market will not help build the City's sales tax revenue or provide sufficient revenue to offset
high police and fire protection costs. He stated Mr. Gobar's analysis showed potential sales
tax revenue of $6,300 annually from retail facilities on the subject site which currently do
not exist in the area and which may be in demand. He stated that development of 34,000
square feet of retail space on the subject property would detract from existing retail outlets
and provide no net increase to the City. Mr. Beckman stated that the applicant made several
attempts to contact Mr. Llewelyn of Forest Lawn to describe their proposal but their calls
were unanswered.
Mayor Mullen asked if anyone wished to speak in opposition to the application.
Mr. Charles Pink, 870Z Acacia Drive, Cypress, Manager of Forest Lawn Memorial Park-
Cypress, stated Forest Lawn feels the mini-warehouse project is an inappropriate
development for the Lincoln Avenue location. He stated Lincoln Avenue is progressing into
an attractive main thoroughfare through Cypress, and the fine restaurants and commercial
developments along Lincoln are a credit to the City. He stated the mini-warehouses would
be appropriate elsewhere.
Councilman Coronado stated the economic studies did not present any new information and
the Council is aware of the desirability of retail commercial business. He stated the mini-
warehouse project would not enhance the appearance of Lincoln Avenue and he recommended
denial of the application without prejudice.
It was moved by Councilman Coronado and seconded by Councilman Partin to close the public
hearing and adopt the following Resolution by title only, title as follows, denying Conditional
Use Permit #82-9 without prejudice:
RESOLUTION NO. Z565
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING CONDITIONAL USE PERMIT NO. 8Z-9.
Councilman Partin stated he felt the applicant's estimate of $6300 annual revenue was a
more realistic figure than staff's estimate of $27,000 which was based on an optimistic
assumption of a highly successful business. He stated the project was a good one and was
needed in the City but Lincoln Avenue was the wrong location. Mayor Mullen agreed that the
project was needed in the City but stated the subject property was the wrong location. He
suggested that the applicant consider developing another deep lot on Lincoln Avenue with the
mini-warehouse buildings on the rear portion and commercial uses along the frontage.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Lacayo
PUBLIC HEARING RE: REVIEW OF CONDITIONAL USE PERMIT #81-19~ NIKKrS ARCADE~
4917 LINCOLN AVENUE~ CYPRESS: Mayor Mullen opened the public hearing. Mr. Lamm
presented a report dated September 17 indicating that C.U.P. ~81-19 was approved on July
27, 1981, subject to annual review by the City Council. At its August 23, 198Z, meeting the
Council scheduled this public hearing. Staff reported that no communications have been
received as of this date.
-S-
224
City Com~cil Minutes
September Z7, 198Z
Mr. Sam Gabriel, 4161 Calhoun, Huntington Beach, attorney for the applicant, stated be was
present to answer any questions.
The following persons spoke in support of the management and operation of Nikki's arcade,
indicated they are regular patrons of the arcade, and requested that the Council extend the
conditional use permit:
Mr. Manuel Antonakas, 4371 Jade, Cypress
Mr. Vern Fleming, 4111 Green Avenue, Los Alamitos
Mr. John Williams, 1007Z Berniece, Buena Park
Mrs. Mary Lou Harvey, 8555 Salisbury Lane, La Palina
Mark Murillo, 9Z30 Whitney Way, Cypress
Ms. Para Toderan, owner of Barro's Pizza, 4911 Lincoln, Cypress, located in the Cypress
Square Shopping Center, stated there are no problems with Nikki's Arcade and the manner it
is operated but there is a problem with the type of clientele it attracts. She reported that
the shopping center has had problems with juveniles loitering, using abusive language and
threatening customers. The juveniles have damaged and destroyed property in the center and
litter, fight and drink alcohol in the parking lot. Ms. Toderan reported that the Police
Department is familiar with the problem, and when the police arrive the juveniles
disappear. Ms. Toderan indicated that the juvenile problem is hurting her business.
Chief Lowanberg reported that the Police Department has frequently responded to calls from
businesses in the area but stated the calls are not unusual because arcade businesses seem to
require above average police service. He reported that as a result of information received
from mn informant, undercover police officers arrested a person for selling narcotics at the
Nikki's Arcade location.
Mr. Mark Murillo stated that the owner of Nikki's Arcade does his best to remove the bad
element from the arcade. He indicated that if a person returns after being asked to leave,
then the arcade owner calls the police. Mr. Murillo stated Nikki's is a family arcade and
many parents are patrons.
Mr. Vern Fleming stated Nikki's Arcade should not be singled out because the Jack in the Box
restaurant and pizza business attract the same group of juveniles who create problems.
Mr. Pete Cannon reported that he moved out of his real estate business which was located
next door to Nikki's Arcade because of the juvenile problem. He reported that he witnessed
drug transactions occurring in front of his business and the police responses did not do any
good. Mr. Cannon indicated he was especially bothered by the noise from the arcade. He
stated that for two years before the arcade opened there were no juvenile problems at Jack
in the Box or Barro's Pizza.
Mr. Tony P. ubelo, owner of Anthony's Hair Shop in the Cypress Square Center, stated the
arcade owner keeps the bad element out and calls the Police Department. He stated the
pohce report accurately describes the juvenile problem. Mr. Rubelo stated he has seen the
trouble and property damage caused by the juveniles.
Ms. Mary Lambreau, 9080 Candlestick Lane, Cypress, stated juvenile problems at the
shopping center are not new, and the same crowd has been causing trouble at Sambo's, Jack
in the Box, and Barro's Pizza. She stated that Nikki's is a family arcade and is well
supervised by Nikki and his wife. Ms. Lambreau stated the realtor probably moved out of the
center because the real estate market is slow. She requested that the conditional use permit
be extended.
Mr. Peter Cannon stated that the juvenile aggravation and high rents in the center combined
with the slow rea] estate market caused him to move out. tte stated the juvenile problems
were the last straw.
Mr. Antonakas stated there are more juvenile problems in the parking lot at Jack in the Box
than at Nikki's Arcade.
Councilma~ Lacayo stated he was very concerned about potential problems which arcade
businesses may create for the City. He suggested that the Council continue the hearing for a
month so that it may obtain further information relative to the operation of Nikki's Arcade
and investigate the problems which have been reported in order to determine whether the
arcade is a compatible business in the shopping center. He stated he was concerned about
the police problems, property damage and juvenile delinquency which are costly to businesses
and ultimately result in increased costs being passed on to the consumer.
-6-
City Council Minutes
September Z7, 198Z
225
Mr. Sam Gabriel, representing Nikki's Arcade, stated the alleged drug arrest occurred in the
parking lot of the shopping center and involved a person who had been barred from entering
Nikki's Arcade three months prior to the arrest. He stated the arcade owner keeps the
trouble-makers out but they return to other businesses in the center such as Sambo's and
Barro's. Mr. Gabriel stated Nikki and his wife personally manage the arcade and are there
constantly. He stated the owners have abided by the City's conditions, have carried through
with their original plans for the arcade and they would like a chance to continue with earning
their livelihood. Mr. Gabriel stated the arcade owner cannot control the juvenile activities in
the shopping center and should not be singled out and blamed for the drug problem which
occurred. He felt a continuance of the hearing would be unfair and that the arcade owner
was entitled to continue his business.
Following further discussion by the Council, it was moved by Mayor Mullen and seconded by
Councilman Lacayo to continue the public hearing to the November 8 meeting and request
that staff prepare a report which compares the nature and disposition of police calls for
Nikki's Arcade and all other arcades in Cypress, and compares the Cypress Square Shopping
Center with other shopping centers that have arcades and with shopping centers that do not
have arcades (such as the Mervyn's center). The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNC]LMEMBERS: None
0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF CABLE TELEVISION JOINT VENTURE
FEASIBILITY AND DRAFT REQUEST FOR PROPOSALS: The City Manager presented a
report dated September Z1 indicating this item was continued from the September 13
meeting. Attached was a communication from the Chairman of the Cypress College Cable
TV Committee outlining their concerns relative to the CATV franchise. Also transmitted
was a staff report dated September 3 describing features of a joint venture approach and a
revenue comparison of this approach with a conventional CATV franchise and a resolution
and ordinance needed in order to proceed with issuance of the RFP. Mr. Essex reported that
the joint venture concept proposes that the cable be City owned and leased by the franchise
holder which would generate greater revenues than a conventional franchise. In response to
questions, staff reported that several items on Cypress College's needs list were included in
the draft RFP. They indicated that a cable operator would normally provide these types of
services to a college as well as provide the local production facilities along the lines outlined
by the College. Staff indicated that the issue was to what degree the College would be
involved.
Councilman Lacayo stated the College's request was reasonable and could be
accommodated. He suggested that the City's cable TV committee review their request and
determine who will be responsible for what costs. Councilman Lacayo spoke in support of the
joint venture approach and indicated its most important advantage would be to achieve the
most reasonable subscriber rates possible. He stated the joint venture would permit City
ownership from day one rather than at the end of a typical 15-year franchise at which time
the cable system may be obsolete, would provide local control in the installation of the cable
lines, would exempt the City from some Federal regulations, and would allow the sharing of
profits with the subscribers. Councilman Lacayo asked that staff explain how installation of
the cable would be financed and whether the cost would be a liability to the City.
Mr. Essex reported that the joint venture approach proposed a revenue bond issue to finance
installation of the cable and that the RFP called for bidders to submit a financial plan
describing how they would guarantee a purchaser for the bonds or else post security to
guarantee an investment grade rating on the bonds. He stated the financing would not be an
obligation of Cypress taxpayers and would not be supported by the General Fund or other tax
dollars.
The City Attorney stated the joint venture partner (franchise holder) would be responsible to
guarantee payment of debt service on the bonds. He stated the bond issue would have no
impact on the City's credit rating.
Councilman Coronado recommended that the Council hold a workshop in order to educate
themselves on the cable TV issues. He also recommended that the residents of Cypress be
advised of the cable system plans as they relate to costs and installation of the cable lines.
-7-
226
City Cotmcil Minutes
September 27, 1982
Mr. Francis Boykin, 5917 Noumea Street, Cypress, suggested that the Council consider the
voters' response to the cable TV advisory measures which were on last November's ballot
which indicated that they opposed municipal ownership of a cable TV system. Mr. Boykin
expressed other concerns about whether the City would be financially liable in the event that
the cable company who ho]ds the franchise went out of business. Councilman Lacayo stated
the purpose of the joint venture proposal was that the taxpayers would own an asset in the
system. He stated the joint venture differed from the advisory measures which related to
the City operating the entire cable TV system. The City Attorney explained how there would
be no liability to the City, the taxpayers or the General Fund to pay debt service on the
bonds in the event that the franchisee failed to pay. He indicated that there could be a loss
of opportunity type risk where the City might be deprived of revenues if the City selected an
applicant who was less financially capable than another of operating a profitable system.
It was moved by Counciman Lacayo and seconded by Councilman Coronado to continue the
cable TV item to the November 8 meeting. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNC]LMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSIDERATION OF REOUEST TO ADOPT RESOLUTION ENDORSING PROPOSITION 1Z~
THE NUCLEAR WEAPONS FREEZE INITIATIVE: The City Manager presented a report dated
September 2] which transmitted a communication and materials from Ms. Jane Reifer
requesting the Council to adopt a resolution supporting the nuclear weapons freeze initiative
on the November ballot.
Ms. Jane Reifer, 12861 Dumont, Garden Grove, spoke in strong support of the nuclear
weapons freeze and requested that the Council adopt a resolution in support of the initiative
to express to world leaders the grassroots support there is for an end to the nuclear arms
race.
The following persons also expressed their opinions on the need for the nuclear arms freeze:
Mrs. Pat Hug, 9386 Fernbury, Cypress
Ms. Jackie Leonard, 9669 Avenida Monterey, Cypress
Mr. Joe Baca, 5131 Olga, Cypress
In discussing this matter, the Councilmembers all expressed their opposition to the threat of
nuclear war and support for continued negotiations between world leaders to end the arms
race. Councilman Lacayo suggested that the Council adopt a resolution expressing their
feelings against the possibility of nuclear war. Councilmembers Coronado and Rowan
indicated they did not support a weapons freeze in the interests of maintaining the country's
national defense.
Following further discussion with the proponents of Proposition 1Z, it was moved by Mayor
Mullen and seconded by Councilman Coronado to receive and file this matter. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBEt2 S:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
CONSIDERATION OF POTENTIAL PUBLIC NUISANCE LOCATED AT 610] BALL ROAD~
CYPRESS: The City Manager presented a report from the Community Development Director
dated September 15 which described the deteriorated conditions at the vacant commercial
office building located at 6101 Ball Road which included overgrown weeds and landscaping,
accumulation of trash and debris, and broken windows. Staff recommended that the Council
adopt a Resolution declaring its intent to conduct a public hearing on October 25 to
determine whether the property constitutes a public nuisance. Mr. Lamm reported that he
received a phone call today from the builder who indicated that the building was not
completed because of financial difficulties and could not be leased until the financial
problems are resolved.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to adopt the Resolution
by title only, title as follows, which sets a public hearing for October 25, 1982:
-8-
City Council Minutes
September ZT, 198Z
RESOLUTION NO. 2566
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING THAT CERTAIN PREMISES WITHIN THE CITY OF CYPRESS MAY
BE MAINTAINED IN SUCH A WAY AS TO CONSTITUTE A NUISANCE AND
DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ASCERTAIN
WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE
ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS OF
ARTICLE KI OF C, HAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF
CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNC1LMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNC]LMEMBERS: None
At Councilman Lacayo's request, Mayor Mullen announced that the following items would be
considered together: Item #24, Consideration of Report on the Neighborhood Watch Sign
Policy, and Item #25, Consideration of Report on Police Department's Policy for Dispatchers.
The City Manager presented reports dated September 21 which transmitted reports from the
Police Chief describing the Neighborhood Watch Sign Policy and the Police Department's
policy for dispatchers. In regard to the Neighborhood Watch sign po]icy, Councilman Lacayo
indicated that he did not wish neighborhoods to be penalized because they did not have the
required membership to qualify for the posting of Neighborhood Watch signs. He stated he
was assured by the Police Chief that signs would be available to neighborhoods which have a
high percentage of membership even though they are under the minimum requirement.
Councilman Lacayo indicated he was satisfied with the sign po]icy. Chief Lowenberg
reported that the Alderbury Street area has about 70% membership and the Neighborhood
Watch coordinator will hold meetings to develop the remainder of the area and signs will be
posted in the near future.
In regard to the policy for dispatchers, Councilman Lacayo stated he did not realize the
procedures were so extensive and indicated he was satisfied with them. He suggested that
the dispatchers' policy be publicized so that the public is aware of the procedures used by the
Po]ice Department in answering citizen telephone calls.
The Council requested that an article on the policy for police dispatchers be included in the
next City newsletter.
RECESS: Mayor Mullen called a recess at ]0:00 p.m. The meeting was called back to order
at 10:10 p.m. with all Councilmembers present.
CONSIDERATION OF AMENDING THE TRASH COLLECTION FRANCHISE TO OFFSET
227
COSTS OF THE ORANGE COUNTY BOARD OF SUPERVISORS' LANDFILL/TRANSFER
STATION FEE CHARGES: The City Manager presented a report dated September Z2 and
recommended that the Council approve a $1.66 increase in the monthly rubbish fee paid to
Cypress Disposal Company to offset the Orange County landfill amd transfer station fees
which will become effective October 11. The $1.66 figure was derived from a five-week test
period during which Cypress Disposal monitored the amount of rubbish collection from the
City of Cypress which was disposed at the County transfer station. Cypress Disposal had
tentatively agreed to the $1.66 rate increase with the understanding that the City would
advance to Cypress Disposal sufficient funds ($28,000) to cover the transfer station charges
which will be imposed in October and November but will not be collected by the City from
homeowners since the new rubbish rate cannot be implemented until the December 1 billing.
The City Manager recommended that the advance of $Z8,000 be repaid by establishing a new
monthly residential rubbish rate as of December 1 at SZ.00. He stated that the SZ.00 rate
will still be in line with the total rates charged by other cities. The City Manager requested
the Council's approval of five items to implement the new rubbish rates.
Councilman Lacayo expressed concern over the County's lack of cooperation and notification
to cities and fact that they proposed the collection fees without regard for the cities' billing
cycles which, in the case of Cypress, necessitated the $28,000 advance payment to the
disposal company. He suggested that staff prepare a City newsletter article describing the
need for the trash collection fee increases and the problems which were created by the
County's action. Councilman Lacayo further suggested: Item #6-that a trust fund be
established from the $.34 additional rate and that the Council refund any surplus to the
taxpayers if the fund exceeds the amount needed for an advance in the event of another
County increase, and Item ~7-that the City bill the County in the amount of $28,000 due to
their negligence in informing the City and residents of the increase in rubbish fees.
-9-
City Council Minutes
September Z7, 198Z
It was moved by Councilman Lacayo and seconded by Councilman Coronado to: (1) amend the
trash collection franchise to increase the monthly rubbish fee paid to Cypress Disposal by
$1.66, effective December 1, 1082; (Z) approve an advance of $28,000 to the Cypress Disposal
Company to be distributed in installments of $14,000 in November and $14,000 in December,
subject to a provision that any unpaid balance of these advance funds due the City would be
deducted from the rubbish fees collected in the event the Cypress Disposal Company would
no longer have the City franchise or offer rubbish service to the City; (3) approve the new
residential rubbish rate effective December 1, 198Z at SZ.00 per month; (4) adopt the
following Resolution by title only, title as follows, guaranteeing payment of the transfer
station charges; (5) authorize the City Attorney to draft a letter regarding the legal
responsibility of the City in reference to payment of the transfer station charges; (6)
establish a trust fund from the $.34 additional rate with any surplus amount of the fund to be
refunded to residential customers; and (7) bill the County in the amount of $28,000:
RESOLUTION NO. 2567
A RESOLUTION OF THE CITY COUNCil, OF THE CITY OF CYPRESS
AGREEING TO GUARANTEE CYPRESS DISPOSAL COMPANY'S DISPOSAL
FEE ACCOUNT.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCil,MEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
COUNCILMEMBERS: None
COUNCIl,MEMBERS: None
CONSIDERATION OF ADOPTION OF A POLICE CANINE ORDINANCE: The City Manager
presented a report dated September gl which transmitted the proposed Ordinance which is
intended to protect the Police Department canine unit and inform the public of the potential
punitive action which may result from interference with the canine unit. The City Attorney
reported that a violation of the Ordinance would be a misdemeanor punishable by six months'
imprisonment or a $500 fine.
It was moved by Mayor Mullen and seconded by Councilman Lacayo 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
ADDING SECTION Z0-3.1 TO THE CODE OF THE CITY OF CYPRESS
PROTECTING CANINES UTILIZED BY THE POLICE DEPARTMENT.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCil,MEMBERS: None
0 COUNC]LMEMBERS: None
CONSIDERATION OF A PROPOSED ORDINANCE AMENDING THE PERSONNEL SYSTEM
AND RULES AND REGULATIONS FOR EMPLOYEES: The City Manager presented a report
from the Administrative Coordinating Team dated September Z1 outlining various
amendments to the City/District Personnel Rules and Regulations which were recommended
by the Team. Councilman Rowan suggested that periodic checks be made of employee
drivers licenses.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to order the following
Ordinance read by title only, title as follows, and to approve the first reading of the
Ordinance, and adopt the following Resolutions by title only, titles as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS THE EX-OFFICIO GOVERNING BOARD OF DIRECTORS
OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY
DISTRICT OF THE CITY OF CYPRESS, AMENDING ORDINANCE NO. 556
AND CHAPTER 18, SECTION 18-Z, OF THE CYPRESS CITY CODE
RELATING TO THE ESTABLISHMENT OF A PERSONNEL SYSTEM.
-10-
229
City Council Minutes
September ZT, 1982
RESOLUTION NO. 2568
A RESOLUTION OF THE CiTY COUNCIL OF THE CiTY OF CYPRESS
AMENDING RESOLUTION NO. 1635 REGARDING THE ESTABLISHMENT
OF PERSONNEL RULES AND REGULATIONS FOR CITY EMPLOYEES.
RESOLUTION NO. 1Z8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX-
OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND
PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CiTY OF CYPRESS,
AMENDING RESOLUTION NO. 5Z REGARDING PERSONNEL RULES AND
REGULATIONS FOR DISTRICT EMPLOYEES.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: Staff responded to
questions from the Council regarding several of the warrants.
It was moved by Mayor M~ullen and seconded by Councilman Coronado to approve the Warrant
List for Warrants #TZ9Z7 through ~73058 in the total amount of $547,167.97. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In regard to Item #g9a concerning an appointment to the Orange County Solid Waste
Management Committee, Councilman Rowan stated he was interested in serving on this
committee.
It was moved by Mayor Mu]len and seconded by Councilman Lacayo that the Council support
the appointment of Councilman Rowan to the Orange County Solid Waste Management
Committee and notify the Orange Cotmty Division of the League. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
In regard to Item ~Zgb concerning a presentation by the Orange County Fire Department, Mr.
Essex reported that the Fire Department wished to make a presentation to the contract
cities on a retroactive requirement for smoke detectors and on untreated wood roof
shingles. Councilman Rowan requested that the Fire Department personnel also make a
report on the future status of the Fire Department.
The Council requested that the Fire Department presentation be scheduled for the October
Z5 meeting at 6:00 p.m.
SECOND READING OF ORDINANCE RE: DECREASING THE STATE SPEED LIMIT IN
CERTAIN AREAS (KNOTT AVENUE): Councilman Lacayo stated that several years ago the
City Council had agreed to establish constant speed limits on arterial streets for the purpose
of avoiding the creation of speed traps. He expressed concern over the fact that Valley View
Street has a speed limit of 45 mph which decreases to 40 mph between Ball Road and Orange
Avenue. The Police Chief responded to Councilman Lacayo's concerns and reported on the
department's practices for issuing speeding citations. Councilman Rowan indicated that the
Council had established the 40 mph speed limit on Valley View between BaH and Orange for
the benefit of Cypress High School
It was moved by Mayor Mullen and seconded by Councilman Lacayo to order the following
Ordinance read by title only, title as follows, and to adopt the Ordinance:
-11-
City Council Minutes
September ZT, 1982
ORDINANCE NO. 694
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REPEALING SECTION 16-86 OF CHAPTER 16 OF THE CODE OF THE CITY
OF CYPRESS, CALIFORNIA, AND ADDING SECTION 16-86 TO THE CODE
OF THE CITY OF CYPRESS~ CALIFORNIA, FOR DECREASING THE STATE
SPEED LIMIT IN CERTAIN AREAS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado~ Lacayo~ Partin~ Rowan & Mullen
NOES: 0 COUNCILMEMBEi~S: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: Mr. Francis Boykin) 5917 Noumea Street~ Cypress~ requested
that the Council consider supporting Proposition 11 on the November ballot and communicate
their support to the Californians Against Waste committee. Mayor Mullen requested that
this matter be placed on the October 1Z agenda.
EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 10:55 p.m. for matters
of personnel and litigation. The meeting was called back to order at ] l:Z2 p.m. with all
Councilmembers present.
ADJOURNMENT: Mayor Mullen adjourned the meeting at ll:ZZ p.m. to Tuesday, October
1Z, 19SZ, at 6:00 p.m.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY cILEI~K OF THE CITY
OF CYPRESS
-1Z-