Loading...
HomeMy WebLinkAboutMinutes 82-10-12i MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October tZ, 1982 Thr' ~ gular meeting of the Cypress City Council was called to order at 6:I0 p.m. on Tuesday, October lg. I98Z~in the Cypress City Council Chambers, 5Z75 Orange Avenu% Cypress, a!ifornia, Mayor Gerald Mullen presiding. PP 2SENT: ABSENT: Councilmembers Coronado, Partin and Mullen Councilmembers Lacayo and Rowan present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney~ and tollowing staff members: Barrett, DeCarlo, Dunn, Lamm, Lowenberg, Powell and S~ hatzeder. INTERVIEW OE APPLICANTS FOR APPOINTMENT AS AN ALTERNATE TO THE CYPRESS SENIOR CITIZENS COMMISSION: The City Council interviewed two applicants for the position of alternate on the Senior Citizens Commission. The Council scheduled a third interview for 6:00 p.m. at the October Z5 meeting. PLEDGE OE ALLEGIANCE: Mr. Murphy led the pledge to the flag. Mayor Mullen announced that Councilman Rowan had telephoned to indicate he would be 30 minutes late. f~i i:,4ENTATION OF RESOLUTIONS OF COMMENDATION TO CYPRESS SOFTBALL AND i ~SEBAI.L TEAMS: Mayor Mullen presented aresolution of commendation to repr{~se~taitiw~s of the Gordon's Junior Olympic Travel Girls Softball Team congratulating the te~m ~Jr~ ,tinning the National Junior Olympic Softball Tournament in Kansas City. The May~r presented a resolution to representatives of the Tri-City Gordon's women's softball t~am commending the team on its outstanding 1982 season and on becoming the Southern California Region 14 "A" Open Women's Fast Pitch Champions in the tournament held July 2- 5, 198Z. 'Fha, team also finished fourth at the Amateur Softball Association's National Women's "A" Open Fast Pitch Championship Tournament held in Grand Junction, Colorado, on ~u~u:~t g5-gg. { ()[JNCH,MAN ROWAN ARRIVED AT 6:36 P.M. Gordon Mullens, Manager of the Tri-City Gordon's team, presented the Council with st~ tvenb.s (a crate of California oranges) which the Gordon's Junior Olympic Team and Tri- (;Jt": Gnrdon's team had distributed to over 600 girls with whom they had competed during [.~[u }ournaments. Mayor Mullen presented a resolution of commendation to representatives of the Cs~press Federal Little League Senior Division All Star Team recognizing the team for winning its first District ~9 Senior League Double Elimination Championship Tournament. Mrs. Shirley Rosenkranz, President of the Cypress Federal Little League, thanked the City Council and Recreation & Park District for their support and interest and particularly for their cooperation in making the Oxford baseball fields available. Mrs. Rosenkranz presented the team's trophy to the Mayor to show their appreciation. Mayor Mullen presented a resolution to representatives of the Cypress Girls Softball League Mini Division All Star Team commending the team for its outstanding 1982 season in which the team won the Garden Grove All Star Mini Division Softball Tournament on July 14, the Cwpress Girls Softball League Invitational All Star Tournament on July Z4, and the Los ~lla~nitos A 11 Star Softball Tournament held on July 30. ORAL COMMUNICATIONS: Councilman Coronado reported that the Board of Directors of the Cypress Community Oriented Theatre had requested the City Manager to prepare a proclamation for the group. Mr. Essex distributed copies of the proclamation to the Council. Mr. Al Weinberg, 9303 Vista Serena, Cypress, requested that the Mayor read the proclamation. Mr. Weinberg stated the Community Oriented Theatre and Civic Theatre Guild deserve the recognition. He thanked the Council for their support as well as Recreation Supervisor Malcolm Johnson for his assistance. Mr. Weinberg presented the Council with a souvenir program from the play "See How They Run". Mayor Mullen read the proclamation which commended COT on its sixth season of presenting amateur theatrical productions for the cultural enrichment of the community. 23o City Council Minutes October 1Z, 198Z STAFF REPORTS & DISCUSSION: Hearing no objections, Mayor Mullen added the following items to the agenda: Item ~lSa regarding a proclamation for Community Oriented Theatre Week, Item #Zga regarding pavement deterioration on St. John Circle, Item #Z9b regarding Proposition 13 on the November ballot, and Item #3Z regarding an Executive Session for matters of litigation. MINUTES: It was moved by Mayor Mullen, seconded by Councilman Coronado and unanimously carried to approve the minutes of September ZT. CONSIDERATION OF AWARD OF CONTRACT TO PAINT ELEVEN CITY-OWNED VEHICLES: The City Manager presented a report from the Finance Director dated October 1 which outlined five bids received. Councilman Partin inquired about the durability of the one day paint job and asked if the painting was meant as a superficial cosmetic treatment or whether it would look good for several years. Staff indicated that there were no specifications for the work. The Council continued this item to the October Z5 meeting and requested an additional staff report. CONTINUATION OF PUBLIC HEARING RE: REVIEW OF CONDITIONAL USE PERMIT #78- ll~WIERSMA HAY COMPANY, 4Z5Z CRESCENT AVENUE~ CYPRESS: Mayor Mullenopened the public hearing. Mr. Lamm presented a report dated October S indicating that the six month period granted for the relocation of the business expires today. Mr. Lamm reported that no communications were received from the previous business owners, however, he reported the business was recently sold to Foster Feeds and they are in the process of removing hay from the property. He stated staff will present a status report at the next Council meeting. The Council continued this public hearing to the October 25 meeting. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #8Z-14~ CYPRESS CHRISTIAN FELLOWSHIP~ 9739 DENNI STREET~ CYPRESS: Mayor Mullen opened the public hearing. Mr. Lamm presented a report dated October 4 describing the application by Cypress Christian Fellowship to establish a private school for ages pre-school through 1gth grade at 4562 Lincoln Avenue in the CH-10,000/LC Commercial Heavy/Lincoln Avenue Combining Zcne. The property is located within Delmar Plaza on the south side of Lincoln east of Denni. The applicant currently leases space at the former Landell School and is seeking additional classroom facilities. Staff recommended approval of the application subject to nine conditions, provided that adjacent neighbors do not object to potential noise. Mayor Mullen announced that he had participated in the Bethany Manor jog-a-thon last Saturday and had met with the applicant, Pastor Dickson, but they had not discussed details of the subject application. Mayor Mullen asked if the applicant wished to speak. The applicant was not present. Hearing no objections, the Mayor continued the public hearing until later. PUBLIC HEARING RE: CONDITIONAL USE PERMIT ~8Z-15~ ANTIQUE FAIRE~ LOS ALAMITOS RACE COURSE: Mayor Mullen opened the public hearing. Mr. Lamm presented a report dated October 4 describing the application. He reported that the applicant, Mr. Don Henry, had verbally requested today that the public hearing be continued to the next meeting. Mr. Don Henry, 83 Corinthian Walk, Long Beach, the applicant, requested that the hearing be continued. It was moved by Mayor Mullen and seconded by Councilman Rowan to continue the public hearing regarding Conditional Use Permit ~8Z-15 to the October Z5 meeting. 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 PUBLIC HEARING RE: AMENDMENT NO. Z TO CONDITIONAL USE PERMIT ~77-14~ NAUGLES DRIVE-THRU RESTAURANT (FORMERLY GREENS RESTAURANT)~ 5981 ORANGE AVENUE~ CYPRESS: Mayor Mullen opened the public hearing. Mr. Lamm summarized a report dated October 4 describing the application by Naugles, Inc. to modify a condition of C.U.P. 77-14 to allow a Z4-hour daily operation of the Naugles restaurant. Mr. Lamm also transmitted a letter from Naugles dated September Z9 which described the operation and management of Naugles restaurants and indicated the dining room would not be open on a Z4-hour basis but would be closed between midnight and 6:00 a.m. Mr. Lamm -2- City Council Minutes October IZ~ 198Z ;rated that, because a 90-day trial period for the Z4-hour operation is unacceptable to the applicant and because of the substantial investment required for building modifications and property improvements, staff would recommend approval of the application with no time limit, subject to eight conditions including one which gives the Council ongoing authority to review the restaurant's hours of operation. Mayor Mullen asked if the applicant wished to speak. Mr. Gary Brown, regional manager for Naugles, 47 Sundance, Pomona, stated Naugles differs from the typical drive-thru restaurants because they employ mature adults, they pay a higher hourly wage, and they do not advertise but depend on word of mouth business. He reported the dining room would be closed between midnight and 6:00 a.m. to ensure the security of employees and avoid typical problems which might arise. Mr. Brown reported that, to minimize disturbances to neighbors, the drive-thru speaker box will have dual controls for indoor and outdoor sound levels, high walls and landscaping will be installed, lights will be shielded, and there will be pre-dawn litter patrols. He reported that Naugles has employed its own security guard to ensure that there will be no problems. He stated Naugles will do what it can to ensure that the neighbors are satisfied with the operation. Mayor Mullen asked if anyone wished to speak in support of the application. No one wished to speak in support. He asked for speakers in opposition. Mr. and Mrs. T. Maki, 5971 Orange Avenue, Cypress, stated they previously opposed the former restaurant's Z4-hour operation. Mrs. Maki reported that their sleep is disturbed in the early morning hours by the Z4-hour business across the street. She reported they are bothered by loud teenagers and adults, blaring car radios and bright lights. Mrs. Maki stated the Naugles drive-thru lane will be adjacent to their bedroom windows and the car fumes will be unhealthy. She requested that the Council deny the application. Mrs. Mannel, 5952 Lime, Cypress, reported that her home backs the restaurant property and, because of the way the homes are designed, noise carries directly from the restaurant to her windows. She stated noise is especially bad in the summer when doors and windows are open. Mrs. Manuel reported that lights from the restaurant shine into her living room. She stated she opposes all-night service. Mr. Malcolm Elliott, representing the property owner, spoke in support of the Naugles' application and felt they would succeed where the previous restaurants failed because Naugles has a strong operating history with 1Z6 restaurants in the western United States, they have name recognition, and they have the financial staying power. He reported the existing building is ideally suited to their use because the owner of Green's Restaurant was a former Naugles' franchisee in Long Beach and the kitchen is patterned after the Naugles' design. Mr. Elliott stated that Naugles' gross revenues are 25-30% higher than typical fast food chains because Naugles does Z4-hour business and their food prices are higher. He felt Naugles would provide the City with the maximum sales tax revenues available from this type of land use. Mr. Elliott stated the City previously approved a g4-hour operation for this property and that the City Council has the authority to control any problems. Mayor Mullen stated he was pleased with Naugles' interest in the property but that be could not support the application because of the neighbors' objections. He suggested that the hearing be continued and that the applicant meet with the neighbors to attempt to resolve their differences. He stated it is incumbent upon the applicant to convince the neighbors that Naugles can be a good neighbor. Mayor Mullen expressed concern that if the building remained vacant it would be susceptible to vandalism and deterioration and could become a nuisance and have a negative impact on neighboring property values. Mr. Brown, representing Naugles, stated Naugles cannot control the other Z4-hour business nearby. He stated that police officers are customers because Naugles is open Z4 hours and this is a deterrent to juveniles hanging around and also makes the property more secure. Mr. Brown reported that Naug]es, on its own initiative, has employed security guards to avoid problems. He stated their high price menu discourages a younger clientele. Mr. Brown stated the drive-thru canopy which they propose should help absorb car fumes and control noise. He reported the dining room windows will have blinds and lights in the dining room and parking area will be angled so that they do not shine on neighboring properties. Mr. Brown reported that Naugles is proposing to increase landscaping to further shield the restaurant. Mr. Mike Palmer, Vicksburg Street, Irvine, architect and project coordinator for Naugles, reported that lighting will be shielded and individually adjusted to not shine on adjacent properties, landscaping along the north property line will be increased from 5 feet wide to 1 1 1/Z feet wide to mitigate noise, and there will be a full height masonry wall. Mr. Palmer stated Naug]es is well aware of potential problems that may arise with their operation in close proximity to residences and they are attempting with landscaping and physical barriers to mitigate potential problems. -3- 233 City Council Minutes October 1Z, 198Z Mayor Mullen asked if anyone else wished to speak. Mr. Maki, 5971 Orange Avenue, suggested that the restaurant close at 11:30 p.m. rather than remain open Z4 hours. Councilman Coronado stated the subject property has the potential for a successful business and that he did not want it to go to ~vaste especially since the City needs more business and revenues. He appealed to the neighbors to work with the applicant and staff and attempt to reach an agreement regarding their concerns. It was moved by Mayor Mullen and seconded by Councilman Coronado to continue the public hearing regarding Amendment No. Z to Conditional Use Permit #77-14 to the October 25 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNC1LMEMBERS: Coronado, Partin~ Rowan & Mullen None Lacayo PUBLIC HEARING RE: FEDERAL HOUSING & COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION - NINTH YEAR: Mayor Mullen opened the public hearing. Mr. Lamm summarized a report dated September 29 which described the ninth year application. The application requested $300,000 for public improvements in the recently annexed Crescent/Walker area; $Z5,000 for housing rehabilitation; and $350,000 for site acquisition for affordable seniors housing. 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. It was moved by Mayor Mullen and seconded by Councilman Coronado to close the public hearing and adopt the Resolution by title only~ title as follows: RESOLUTION NO. 2569 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY'S PARTICIPATION IN THE 9TH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen 0 COUNCILMEMBEiqS: None 1 COUNC1LMEMBERS: Lacayo CONSIDERATION OF CODE CHANGES RELATING TO ADMISSION TAX AND BUSINESS LICENSE FEES FROM THE RACING ASSOCIATIONS CONDUCTING MEETS AT THE LOS ALAMITOS RACE TRACK: The City Manager summarized a report dated October 6 describing Assembly Bill 2780 which provides an option for racing associations other than state and county fairs to deduct up to 0.33 of 1% from all parimutuel pools and to distribute these amounts to the city where the racing meet is held. The parimutuel funds would be available to the city if it adopts an enabling ordinance and the city would be prohibited from collecting or assessing any other admissions tax or business license fee from the racing associations as long as the deduction is no less than 0.33 of 1%. The report described provisions of the proposed ordinance. Mr. Essex reported that the Los Alamitos Race Course and the Horsemen's Quarter Horse Racing Association submitted written requests for the City to adopt the ordinance. He transmitted a third request from the Southern California Racing Association and the draft ordinance to the Council. Mayor Mullen suggested that the Council take a recess to read these materials. RECESS: Mayor Mullen called a recess at 7:44 p.m. The meeting was called back to order at 7:46 p.m. with Councilmem Lacayo absent. Mr. Stevens, representing the Los Alamitos Race Course, stated all three of the racing associations conducting meets at the Los Alamitos Race Track support the legislation which would allow them to pay 0.33 of 1% of the total mutuel handle to the City in lieu of the admissions tax. Mr. Stevens stated the three associations had submitted figures to the City showing their mutuel handles for the last five years. He reported the parimutuel deduction by the three racing associations would provide approximately $200,000 in additional revenue to the City. Councilman Coronado stated he was suspicious of any legislation adopted as an urgency measure and he asked who the legislation would benefit. -4- City Council Minutes October 1Z, 198Z Mr. Stevens stated the parimutuel deduction would provide the City of Cypress with approximately SZ00,000 over what it now receives in admissions tax. He reported the legislation was supported by the City of Inglewood and its purpose was to protect cities with race tracks who were concerned about declining attendance during the current economic conditions. Mr. Stevens stated the deduction would benefit both the race track and the city and would not harm the bettors since it is such a small percentage. Mr. Stevens stated the City of Cypress could receive ew.n more revenue if the racing days are increased at Los Alamitos. It was moved by Councilman Rowan and seconded by Mayor Mullen to order the Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF CYPiPESS ADDING SECTION Z6-20.1 TO THE CODE OF THE CITY OF CYPRESS AND AMENDING SECTION 15-30(12) OF THE CODE OF THE CITY OF CYPRESS RELATING TO THE AMOUNT OF TAXES IMPOSED IN CONNECTION WITH THE CONDUCT OF CERTAIN HORSE RACING EVENTS. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINING: 3 COUNCILMEMBERS: Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Lacayo I COUNCILMEMBERS: Coronado PUBLIC HEARING RE: CONDITIONAL USE PERMIT ~8Z-14, CYPRESS CHRISTIAN 235 FELLOWSHIP, 9739 p_E.~_N_I. STREET_,_CY_!VR__E__SS: Mayor Mullen asked if the applicant was present. Pastor Michael Dixon, Cypress Christian Fellowship, stated he had nothing to add to the letter he submitted to the Council and that all of the conditions of approval were acceptable. He reported that students will not be outdoors earlier than I0:30 a.m. or later than 6:00 p.m. The pre-school will open at 6:30 a.m. but activities will be indoors. Pastor Dixon reported the maximum pre-school enrollment will be 35 students and 115 students for grades K-1Z. He reported the upper grade level students will have recreational activity classes on the Landell School pr,~perty. Mayor Mullen asked if anyone wished to speak in support of the application. No one wished to speak in support. He asked if anyone wished to speak in opposition. Ms. Judy Spolsky, 9032 Denni, Cypress, stated she would object to the great noise volume generated by 150 students and she felt it would create a loss of privacy. She reported she lives on Denni and her property abuts the proposed school site. Mr. Lamm presented slides of the proposed school site and identified the outdoor play areas, building layout and adjacent residences. Mr. Larry Hilbert, an upstairs tenant of Delmar Plaza, reported he has a contractors' engineering and design business which employs professional engineers, designers and draftspeople. He reported the firm meets with clients and makes engineering calculations on the property. He stated he is concerned over potential noise, children's safety, parking and traffic congestion problems. Mr. Hilbert reported that his business produces a continuous traffic flow which may conflict with parents dropping off and picking up children. He reported the eight upstairs units can accommodate a total of 64 people who will require parking spaces. Mr. Hilbert stated he was concerned about the noise impact particularly during daylight hours and morning and lunch breaks. He stated the school noise will only compound the Lincoln Avenue noise. Mr. Hilber~J stated his biggest concern is the enrollment number of I50; he felt a smaller number :night Pastor Dixon reported that he had spoken with about public school children passing her properi feet away from the sidewalk and she may experi looking in windows. He stated the proposed play property. He suggested that the wall could be e: reported that as a private school they have muct public schools. He reported their Landell school complaints about noise or the students' activitie: engineer tenant in the Delmar Plaza building ha( felt the building was sufficiently sound-proofed ~ distraction. Pastor Dixon reported that initially -5- more reasonable. ts. Spolsky and she had expressed concerns He reported her front door is just a few nee problems with children littering or iround area is quite a distance from her tended two feet in height. Pastor Dixon stricter dress and behavior codes than abuts residences and there have never been . Pastor Dixon reported that another no objections to the school's proposal and ~ that the children would not be a they plan a maximum of 35 pre-school ~ ~City Council Minutes October 12, 1982 students and approximately 75 junior and senior high students. He reported there are carpools and two and three children in a family attending the school which would reduce the amount of traffic. He stated the applicant feels the property is a safe location since the building is off the street and the play area is completely fenced in. Pastor Dixon stated there should be no parking problem because parents would spend only a few moments picking up or dropping off a child. Mr. David Davis, Administrator of Schools for the applicant, stated traffic flow should be limited because of carpooling and two and three children in a family. He reported there will be 35 pre-school students and a low number of junior and senior high school students. Mr. Davis stated the conduct of the students is very restricted because they are a private school. Councilman Coronado suggested that Pastor Dixon meet with Fr. Keller of St. Irenaeus parish to tour their new multi-purpose building and discuss how similar problems with the neighbors were resolved. Councilman Partin asked why the Landell School could not accommodate an expansion of the Christian Fellowship School Pastor Dixon reported that they share the Landell facilities with Bethany Manor which has an enrollment of Z3 students and which is restricted to having five or six students per classroom. He stated Bethany Manor enjoys above average facilities at Landell including ample open space and Cypress Christian Fellowship would not want them to relocate. Pastor Dixon stated it was his understanding that the School District would not allow mobile units on the Landell property. He reported the applicant cannot afford to construct a new building. He stated they have a five year lease with a five year option for the Delmar Plaza space. Pastor Dixon reported that when they discussed lease of the Morris School with the Cypress School District they were told no private education groups would be considered as a lessee. He reported the applicant conducted an extensive search for property to lease and could not find facilities as desirable and well maintained as De]mar Plaza. It was moved by Councilman Coronado and seconded by Councilman Partin to continue the public hearing regarding Conditional Use Permit ~82-14 to the October 25 meeting and request that the applicant confer with the City staff, representatives of St. Irenaeus parish and affected property owners to resolve potential problems and concerns. Mr. David Davis, 160Z Brookhurst, Anaheim, Administrator of Schools, stated that in addition to his administrative background, he is aware of the aesthetics of a school, the interior construction needs and what is necessary to make the Delmar facilities appropriate for their use. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen 0 COUNCI~MEMBERS: None 1 COUNCILMEMBERS: Lacayo CONSIDERATION OF AWARD OF CONTRACT FOR 100 A-FRAME TYPE BARRICADES~ REQUEST FOR QUOTATION ~8Z83-18: The City Manager presented areport from the Finance Director dated October 5 which indicated bids were requested from six vendors and only one bid was received. In response to questions from Councilman Partin, Mr. Schatzeder reported that the City lacks the manpower to construct the barricades in-house. He reported the barricades have flashing lights and are all plastic and should not damage vehicles if they are hit. He stated they can be more easily loaded than wood. barricades. It was moved by Councilman Partin and seconded by Mayor Mullen to accept the bid of Roadmarker Company, P. O. Box 5755, Sherman Oaks, California, and award them the contract in the amount of $3,498.00. 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 CONSIDERATION OF AWARD OF CONTRACT FOR POLICE COMMUNICATIONS CONSOLE: The City Manager presented a report dated October 6 which transmitted a report from Chief Lowenberg dated October 5 who recommended the purchase of Motorola equipment which would be compatible with the Police Department's existing hardware. It was moved by Mayor Mullen and seconded by Councilman Partin that the City Council dispense with formal competitive bidding for the reasons outlined in the staff report pursuant to City Code Section Z1A-8F and award the contract to manufacture and install the Communications Console to the Motorola Corporation in the amount of $46,674.00. The -6- 237 October 12, 1982 City Council Minutes motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Lacayo 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 #6 through #lSa on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNC]LMEMBERS: Coronado, Partin, Rowan & Mullen 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Lacayo Item 4*6: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item 4*7: Consideration of Proclaiming November 1982 as Veterans Call to Unity Month. Recommendation: That the Mayor and City Council officially proclaim November 198Z as "Veterans Call to Unity Month" in the City of Cypress as requested. Item 4t8: Consideration of an Application for an Original Alcoholic Beverage License Filed by Barbara Weinberger, DBA Varity the Discount Store, 5101 Ball Road, Cypress. Recommendation: Receive and file. Item 4*9: Consideration of an Application for an Alcoholic Beverage License Transfer Filed by Home Restaurants, Inc., DBA Straw Hat Pizza, 4185 Ball Road, Cypress. Recommendation: Receive and file. Item ~10: Consideration of an Application for an Alcoholic Beverage License Transfer Filed by Madhuri Gupta and Daniel Perea, DBA Omega Liquor Store, 4346 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item 4.11: Consideration of Claim for Damages Filed by John R. Cogorno, Attorney, On Behalf of Sam Abdul]a Saaidi. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claim Adjuster, Carl Warren & Company, for appropriate disposition. Item 4'12: Consideration of Proclaiming November 21-28, 1982, as Bible Week. Recommendation: That the Mayor and City Council officially proclaim the week of November Z]-Z8, 1982, as "Bible Week" in the City of Cypress. Item ~13: Consideration of Resolution Commending the Yamaha Corporation of Cypress for Printing of Crime Prevention/Community Relations Material. Recommendation: That the City Council adopt the Resolution by title only, title as follows: RESOLUTION NO. 2570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE YAMAHA CORPORATION OF CYPRESS FOR PRINTING OF CRIME PREVENTION/COMMUNITY RELATIONS MATERIAL. Item #14: Consideration of an Ordinance Amending the PERS Retirement System Contract. Recommendation: That the City Council approve the first reading of the Ordinance by title only, title as follows, amending the contract between the City of Cypress and the Public Employees' Retirement System which would exclude the following position classifications from membership in the retirement system: Administrative Intern, Engineering Intern, Maintenance Aide, Crossing Guard Coordinator, Crossing Guard, and Police Aide (Traffic Control): --7-- City Council Minutes October 1Z, 1982 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 #15: Consideration of Recommendations of Traffic Commission Meeting of September gl, 1982. Recommendation: That the City Council: (1) adopt the following Resolution by title only, title as follows, and (g) approve the recommendation of the Traffic Commission to install "Z5 mph" painted legends on Marion Avenue between Walker Street and Bloomfield Street at each arterial intersection: RESOLUTION NO. Z$71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A YIELD RESTRICTION AT THE INTERSECTION OF ANDROS STREET WITH DOMINICA AVENUE. Item #16: Consideration of Renewal of Long-Term Disability Insurance Policy with Standard Insurance Company. Recommendation: That the City Council and acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District authorize staff to renew the long-term disability insurance policy with Standard Insurance Company at the premium rates outlined in the report. Item gl7: Consideration of Status Report on Amusement Arcade Ordinance Compliance. Recommendation: Receive and file. Item #18: Consideration of Amending Property Insurance Provisions of Cypress Boys' Club Lease Agreement. Recommendation: That the City Council approve the First Amendment to the Ground Lease between the City of Cypress and the Boys' Club of Cypress for the property located at 10161 Moody Street. Item #18a: Consideration of Proclaiming October 11-17, 198Z, as Community Oriented Theatre Week. Recommendation: That the Mayor and City Council officially proclaim the week of October 11-17, 1982, as "Community Oriented Theatre Week" in the City of Cypress and further proclaim that each year the week of the opening performance of the season's first mainstage production will be "Community Oriented Theatre Week" in the City of Cypress. CONSIDERATION OF PROPOSITION 11~ BEVERAGE CONTAINERS RECYCLING INITIATIVE: The City Manager presented a report dated October 6 which transmitted materials submitted by Mr. Boykin regarding Proposition 11. Mr. Francis Boykin, 5917 Noumea Street, Cypress, spoke in support of Proposition 11 and requested that it be supported by the City Council. Mr. Boykin stated the proposition will encourage persons to return cans and bottles to collect the deposit, will eliminate litter along highways and potential safety hazards caused by broken bottles, and would reduce the amount of trash disposed of at landfills and save taxpayers' costs. Mr. Boykin stated that six other states have enacted such a law and it has been quite successful. Mayor Mullen expressed support for the proposition and stated it would prolong the availability of existing landfills, help eliminate litter and improve the appearance of roadways, and conserve energy and natural resources through recycling. Councilman Rowan stated the deposit on bottles and cans will encourage their return. The Councilmembers unanimously agreed to go on record in support of Proposition 11. CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS OF THE VALLEY VIEW STREET/LINCOLN AVENUE INTERSECTION~ CITY OF CYPRESS PROJECT #8133-10: The City Manager presented a report from the Public Works Director dated October 4 which described two contract changes for the project. -8- City Council Minutes October 1Z~ 198Z 239 It was moved by Mayor Mullen and seconded by Councilman Rowan to: (1) approve the contract change from $88,44Z.Z0 to $94,583.99, and (Z) accept the street improvements on the Valley View Street/Lincoln Avenue intersection, City of Cypress Project #8133-10, 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. 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 Councilman Rowan inquired about the status of the Walker Street cross gutter project. Mr. Schatzeder reported that the staff had to resubmit an application to the railroad on a corrected form and was now awaiting their approval. He reported that approval was received from the Public Utilities Commission, the project design is complete~ and staff will have to complete the specifications and bid documents to get the project ready for contract. CONSIDERATION OF CITY NEWSLETTER ARTICLES: Mayor Mullen questioned whether it would be appropriate to include the telephone number of Justice Electric in the article on aluminum wiring because of the fact that Mrs. Justice is a candidate in the November election. Councilman Coronado pointed out several typographical errors in the newsletter articles. Councilman Rowan stated the aluminum wiring issue arose before Mrs. Justice became a Council candidate and that the error in the newsletter article was made by the City. He stated both the article and newsletter are non-political. It was moved by Mayor Mullen and seconded by Councilman Coronado to approve the draft newsletter articles subject to correction of the typographical errors. 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 CONSIDERATION OF INTERVIEW SCHEDULE FOR APPOINTMENTS TO THE CYPRESS YOUTH COMMISSION: The City Manager presented a report dated October 5 and reported that Z1 applications had been submitted for the five vacancies on the Commission. He suggested that a committee of staff members could screen the applicants and recommend 10 individuals to be interviewed by the Council. It was moved by Mayor Mullen and seconded by Councilman Partin to direct staff to screen the Youth Commission applicants and recommend 10 for interviews with the Council, and to schedule the interviews for the November 8 Council meeting beginning at 6:30 p.m. 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 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Mayor Mullen and seconded by Councilman Coronado to approve the Warrant List for Warrants ~73059 through #73266 in the total amount of $3857236.55. 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 In regard to Item ~Z9a added to the agenda, Councilman Coronado provided the Council with copies of a letter he received signed by six residents of St. John Circle which described a serious problem of deteriorating asphalt paving and requested that it be corrected by the City. The City Council requested that staff investigate the problem and prepare a report for the Council. In regard to Item #Z9b added to the agenda, Councilman Rowan recommended that the Council adopt a Resolution expressing opposition to Proposition 13. He indicated that the Governor's appointment to the State Water Resources Control Board of persons who do not represent the best interests of Southern California will create an unbalanced water policy for the State. -9- City Council Minutes October 1Z, 1982 It was moved by Councilman Rowan and seconded by Mayor Mullen to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS OPPOSING THE WATER RESOURCES STATUTORY INITIATIVE KNOWN AS PROPOSITION NO. 13 ON THE NOVEMBER 1982 BALLOT. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Coronado, Partin~ Rowan & Mullen 0 COUNCILMEMBERS: None 1 COUNC1LMEMBERS: Lacayo SECOND READING OF ORDINANCE PROTECTING CANINES UTILIZED BY THE POLICE DEPARTMENT: 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. 695 AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF CYPRESS ADDING SECTION 20-3.1 'FO 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: 4 COUNCILMEMBERS: Coronado, Partin, Powan & Mullen 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Lacayo SECOND READING OF ORDINANCE RELATING TO THE ESTABLISHMENT OF A PERSONNEL SYSTEM: 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 adopt the Ordinance: ORDINANCE NO. 696 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 18-2, OF THE CYPRESS CITY CODE RELATING TO THE ESTABLISHMENT OF A PERSONNEL SYSTEM. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Partin, Rowan & Mullen None None WRITTEN & ORAL COMMUNICATIONS: There were no written or oral communications at this time. EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 9:15 p.m. to discuss matters of litigation. The meeting was called back to order at 9:35 p.m. with Councilman Lacayo absent. ADJOURNMENT: Mayor Mullen adjourned the meeting at 9:35 p.m. to Monday, October 25, at 6:00 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK Or THE CITY OE CYPRESS -10-