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HomeMy WebLinkAboutMinutes 83-04-11MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 11, 1983 The regular meeting of the Cypress City Council was called to order at 7:35 p.m., on Monday, April 11, 1983, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro-tem Richard Partin presiding. PRESENT: Council Members Coronado, Kanel, Mullen, and Partin ABSENT: Mayor Lacayo Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following staff members: Barrett, DeCarlo, Dunn, Eynon, Powell, Schatzeder, and Shumard. Mayor Pro-tem Partin announced that Mayor Lacayo would be late and the Council would proceed without him. PLEDGE OF ALLEGIANCE: Councilman Coronado led the Pledge of Allegiance. Mayor Pro-tem Partin requested the Council consider the items on the Consent Calendar at this time. CONSENT CALENDAR: Mayor Pro-tem Partin 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 Councilman Mullen and seconded by Councilman Coronado to approve Items #5 through #21 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 1 COUNCIL MEMBERS: Coronado, Kanel, Mullen, and Partin None Lacayo Item #5: Motion to Introduce and/or Adopt All Ordinances Presented for Conside- ration by Title Only, and to Waive Further Reading. Item #6: Consideration of a Request From the St. Irenaeus Fiesta Committee for Waiver of Fees for the St. Irenaeus Catholic Church's Annual Fiesta. Recommendation: That the City Council grant the request to waive all required fees for the St. Irenaeus Catholic Church's 20th Annual Fiesta to be held on June 25 & 26, 1983, with the condition that no-fee building and electrical permits be obtained for carnival activities. Item #7: Consideration of Request From the Cypress Twirlers for Permission to Use the City Council Chambers Plaza Area for Square Dancing on July 2, August 6, and September 3, 1983. Recommendation: That the Mayor and City Council approve the request of the Cypress Twirlers for use of the City Council Chambers Plaza area on July 2, August 6, and September 3, 1983, between the hours of 7:00 p.m. - 11:30 p.m., subject to the condition that the organization be required to pay for any additional costs incurred in providing maintenance and utility services, as well as submitting a new Certificate of Insurance for liability coverage naming the City of Cypress as additional insured. Item #8: Consideration of Police Chief's Attendance at the California Peace Officer's Association's 63rd Annual Training Conference on May 15 - 18, 1983, in Concord, California. Recommendation: That the City Council authorize the attendance of Police Chief, Ronald E. Lowenberg, to the California Peace Officer's Association's 63rd Annual Training Conference, and be reimbursed for all actual and necessary expenses incurred. City Council Minutes April 11, 1983 Item #9: Consideration of Proclaiming April 17 - 23, 1983, as "Victims Rights Week". Recommendation: That the Mayor and City Council officially proclaim the period of April 17 - 23, 1983, as "Victims Rights Week" in the City of Cypress. Item #10: Consideration of Proclaiming April 18 - 24, 1983, as the "Great California Resource Rally Week". Recommendation: That the Mayor and City Council officially proclaim the week of April 18 - 24, 1983, as the "Great California Resource Rally Week" in the City of Cypress as requested. Item #11: Consideration of Attendance at the Public Risk and Insurance Management Association (PRIMA) Fourth Annual Conference Scheduled for June I - 4, 1983, in St. Paul, Minnesota. Recommendation: That the City Council authorize the Assistant to the City Manager/Management Services David Barrett to attend the Fourth Annual Con- ference of the Public Risk and Insurance Management Association to be held in St. Paul, Minnesota on June 1 - 4, 1983, and be reimbursed for all actual and necessary expenses incurred. Item #12: Consideration of Proclaiming May 1983, as "Neighborhood Watch Month". Recommendation: That the Mayor and City Council officially proclaim the month of May 1983, as "Neighborhood Watch Month" in the City of Cypress. Item #13: Consideration of Proclaiming May 1 - 7, 1983, as "Week of the Young Child". Recommendation: That the Mayor and City Council officially proclaim the period of May 1 - 7, 1983, as the "Week of the Young Child" in the City of Cypress as requested. Item #14: Consideration of Proclaiming May 21, 1983, as "Armed Forces Day". Recommendation: That the Mayor and City Council officially proclaim May 21, 1983, as "Armed Forces Day" in the City of Cypress. Item #15: Consideration of a Negative Declaration Regarding the Use of CDBG Funds for Senior Citizen Housing at Cypress Elementary School. Recommendation: That the City Council approve the Negative Declaration as submitted and authorize the Community Development Director to file the Notice of Determination as required. Item #16: Consideration of Extension of Time for Weed Abatement. Recommendation: Receive and file. Item #17: Consideration of Acceptance of Improvements and Release of Bonds for Tract No. 10740(southwest corner of Orange Avenue and Grindlay Street). Recommendation: That the City Council accept the public improvements for Tract 10740 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 their required lien periods, providing no mechanic liens are filed with the Performance Bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship. 2 37f City Council Minutes April 11, 1983 Item #18: Consideration of a Resolution Amending Resolution No. 970 Pertaining to Relations and Communications Between the City of Cypress and Its Employees. Recommendation: That the City Council adopt the Resolution by title only, title as follows, and addendum to the Memorandum of Understanding between ~he City of Cypress and the Cypress Maintenance Employees' Association adding all employees in the classification of custodian to the recognized employee group represented by the Cypress Maintenance Employees' Association. RESOLUTION NO. 2635 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 970 PERTAINING TO RELATIONS AND COMMUNICATIONS BETWEEN THE CITY OF CYPRESS AND ITS EMPLOYEES. Item #19: Consideration of Position Classification Amendment. Recommendation: That the City Council adopt the Resolution by title only, title as follows, amending the Position Classification Plan changing the classification title of Buyer to Purchasing Officer/Buyer. RESOLUTION NO. 2636 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 975 BY DELETING THE CLASSIFICATION SPECIFICATION OF BUYER AND ADDING THE CLASSIFICATION SPECI- FICATION OF PURCHASING OFFICER/BUYER TO THE POSITION CLASSI- FICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. Item #20: Consideration of Proclaiming April 10 - 16, 1983, as "National Boys' Club Week". Recommendation: That the Mayor and City Council officially proclaim April 10 - 16, 1983, as "National Boys' Club Week" in the City of Cypress. Recreation & Park District Matters: Item #21: Consideration of Adoption of Resolution Approving Application for 19 83-84 Land and Water Conservation Fund Program Project Entitled "Arnold/ Cypress Park Phase III Electrical Project". Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the Resolution by title only, title as follows, and authorize the Director of the Cypress Recreation & Park District to submit an application for Federal Land and Water Conservation Funds for Arnold/Cypress Park Phase III Electrical Project. RESOLUTION NO. 131 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, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE PROGRAM PROJECT ENTITLED "A~,NOLD/CYPRESS PARK PHASE Iii ELECTRICAL PROJECT". Councilman Kanel requested that the City Council present Heather Su~ey with a Resolution of Con~nendation at the next Council meeting for being named the 1983 Petite Majorette Princess of California, and with the Council's concurrence, this item was added to the agenda. - 3- 374 City Council Minutes April 11, 1983 MINUTES: It was moved by Councilman Mullen, seconded by Councilman Coronado and unanimously carried to approve the Minutes of March 21, 1983. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Mullen and seconded by Councilman Kenl to approve the Warrant List for ~arrants No. 75255 - 75455 in the total amount of $390,010.04. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: i COUNCIL MEMBERS: Coronado, Kanel, Mullen, and Partin None Lacayo ORAL COMMUNICATIONS: Mayor Pro-tem Partin asked if there were anyone in the audience wishing to address the Council relative to any item that was not listed on the agenda. Ms. Susan Mercier, 5131 Canterbury Drive, Cypress, requested that the City Council explain the changes being made to the Oxford sports field and running track. Mr. Essex informed the Council that staff had a presentation on this item which could be addressed at this time or added to the agenda for a later discussion. Mayor Pro-tem Partin requested that this be added to the agenda as an item of New Business. CONSIDERATION OF HEARING OFFICER'S PROPOSED DECISION IN THE MATTER OF THE APPEAL BY DAVID M. SOIFER: Mr. Essex advised that the hearing on this matter was held on March 8, 1983 and that the City Council had received a copy of the Hearing Officer's decision which was to deny the appeal. Following discussion on the Hearing Officer's recommendation, it was moved by Councilman Mullen, seconded by Councilman Kanel and unanimously carried to adopt the decision of the Hearing Officer and deny the appeal of David M. Soifer. EXECUTIVE SESSION: Mayor Pro-tem Partin called an Executive Session at 7:48 p.m. for matters of litigation. The meeting was called back to order at 7:55 p.m., with Mayor Lacayo absent. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CYPRESS CITY CODE(FIRE RETARDA_NT MATERIALS FOR REROOFING AND RETROFITTING OF SMOKE DETECTORS): Since a presentation on this issue has been scheduled for the Council meeting of April 25, 1983, it was moved by Councilman Mullen, seconded by Councilman Kanel and unanimously carried to continue this Public Hearing to the April 25 meeting. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - DOS BANDIDOS RESTAURANT~ 6197 BALL ROAD, CYPRESS: Mayor Pro-tem Partin opened the Public Hearing and requested staff to present its report. Mr. Essex advised that Chief Lowenberg had observed the live entertainment involving the shoot-out skit and recommended that under the conditions as outlined in his memorandum dated April 5, 1983, he would re- move his objection to the granting of this permit. Following discussion, it was moved by Councilman Mullen and seconded by Councilman Coronado to close the Public Hearing and approve the Live Enter- tainment Permit for the Dos Bandidos Restaurant, 6197 Ball Road, Cypress, in accordance with Chief Lowenberg's memorandum dated April 5, 1983, and subject to the condition that the Council reserves the right to reconsider the granting of the permit in the event that noise or other problems associated with the operation at the premises rises to a level which is of concern to the adjacent property owners. The motion was unanimously carried by the following roll call vote: -4- 375 City Council Minutes April 11, 1983 AYES: 4 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 1 COUNCIL MEMBERS: Coronado, Kanel, Mullen, and Partin None Lacayo CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 82-13 - MITSUBISHI MOTOR SALES OF AMERICA, INC.(SOUTHWEST CORNER OF KATELLA AND HOLDER): Mayor Pro-tem Partin opened the Public Hearing and asked staff to present its report. Mr. Essex announced that staff had met with representatives of Mitsubishi Motor Sales and although there is concern over the delay in construction of the front office building, it was apparent that it could not be avoided. Mr. Essex stated that they have negotiated a fair compromise wherein the applicant will pay the City a partial compensation for the delay and additionally will provide liquidated damages after April 1, 1985 to assure the City that they will proceed with the project at that time. Mr. Dick Recchia, Executive Vice-President and Chief Operating Officer for Mitsubishi Motor Sales of America responded that he hopes that the restraints on importing will enable the Company to proceed with this operation in the near future. Mr. Recchia stated that they are disappointed in not being able to build the office building at this time as they have a substantial investment in the land and the four other buildings that are currently under construction. Mayor Pro-tem Partin requested anyone else in the audience wishing to address the Council on this item to do so. Councilman Mullen congratulated the staff and the applicant in negotiating this agreement and moved to close the Public Hearing and adopt the Resolution by title only, title as follows, approving,the amendment to Conditional Use Permit No. 82-13, subject to the condition as recommended in the staff report dated March 31, 1983. RESOLUTION NO. 2637 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT NO. 1 TO CONDITIONAL USE PERMIT NO. 82-13. The motion was seconded by Councilman Coronado and unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 1 COUNCIL MEMBERS: Coronado, Kanel, Mullen, and Partin None Lacayo CONSIDERATION OF PUBLIC HEARING RE: REVIEW OF CONDITIONAL USE PERMIT NO. 82-4~ FUN ARCADE NO. 4, MISSION CENTER SHOPPING CENTER~ 4480 LINCOLN AVENUE (BUILDING C__)): Mayor Pro-tem Partin opened the Public Hearing and requested staff to present its report. Ms. Chris Eynon announced that this Conditional Use Permit was originally approved on April 12, 1982 and one provision of this approval was that the conditional use permit be reviewed at the end of one year. Ms. Eynon stated that the residents within 300 feet of this Center have been notified of this Public Hearing, as well as the business owners in the Center and there had been no comments received. She further stated that during the last year staff had no record of complaints relating to this arcade. MS. Eynon informed the Council that there is an illegal wall sign and if the conditional use permit were to be approved the applicant be given 30 days with which to alleviate the problem with the sign. Mr. Murphy informed Councilman Coronado that there is no legal conflict with an eighteen year old owning an arcade. Ms. Adena Deitrich, 481 South Bedford, La Habra, owner of the arcade, requested direction as to what is the problem with the wall sign. 5 376 City Council Minutes April 11, 1983 Mayor Pro-tem Paytin informed the applicant that the City's Sign Ordinance is fairly strict and requested she contact the Planning Department regarding the specifics of what is required. Mr. Tom Deitrich, 600 N. Harbor, La Habra, inquired if it would be possible for an 18 year old to be the only person present during the operation of this arcade. Mayor Pro-tem Partin informed Mr. Deitrich that this would be against the City Ordinance. Councilman Kanel inquired if there would be a conflict with the responsibility for the illegal sign due to the fact that the applicant does not own the building. Mr. Murphy responded that it would ultimately be the responsibility of the owner of the business. Mayor Pro-tem Partin asked if there were anyone in the audience who wished to address the Council regarding this matter. There was no one in the audience who wished to speak. It was moved by Councilman Mullen to close the Public Hearing and approve the extension of Conditional Use Permit No. 82-4, Fun Arcade No. 4, 4480 Lincoln Avenue (Building C), Cypress, subject to another review in one year and with the condition that the wall sign be corrected in accordance with the Sign Ordinance within 30 days. The motion was seconded by Councilman Kanel and unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 1 COUNCIL MEMBERS: Coronado, Kanel, Mullen, and Partin None Lacayo CONSIDERATION OF RENOVATION OF THE OXFORD JUNIOR HIGH SCHOOL PROPERTY: Mr. De- Carlo explained to the Council that there are four fields at this site shared by Tri-City Soccer and AYSO Soccer and stated that the reason for adjusting the location of these fields was to alleviate problems which had created disturbances for the adjacent residents on the south side of the Oxford site. Mr. DeCarlo further explained that although the running track is in poor condition, it is the staff's intention to grade the entire track and to allow runners to use the track even though grass will be planted in that portion of the area which was previously in the running track. Mr. DeCarlo indicated that the runners could still use the area which would not conflict with the work being done. In response to questions from the Council, staff indicated that the track could be used for jogging and in fact the staff intended to maintain the track at a higher standard than it had been in the past. Mrs. Maxine Blackburn, 96 72 Salisbury Lane, Cypress, advised the Council of the problems of persons climbing over the fence and balls that come over the fence into the yards of the adjacent residences. Mrs. Blackburn suggested that the Council consider a portable fence that might be located in the area to prevent these disturbances. Councilman Coronado agreed with Mrs. Blackburn that there could be quite an inconvenience experienced by the residents and possibly some type of protection may be the way to alleviate the problem. Councilman Mullen suggested that the appropriate sports leagues be contacted and request that they refrain from creating the disturbances to the residents. Mayor Pro-tem Partin stated that the joint meeting with the Parks and Recrea- tion staff and the leaders of the sport groups resulted in this renovation plan for improvement of the playing fields. - 6 - City Council Minutes April 11, 1983 Mayor Pro-tem Partin made a motion to continue this item which was seconded by Councilman Kanel. Councilman Mullen stated that he would not support a motion to continue this item at this time but he would rather hear the comments of the audience this evening and seek a compromise that would benefit all concerned as was the intent of the City when the lease of the property was obtained. Councilman Kanel withdrew his second and Mayor Pro-rem Partin withdrew his previous motion. Ms. Susan Mercier, 5131 Canterbury Drive, Cypress, indicated that runners would prefer a dirt surface being maintained in lieu of grass on the portion of the track and that a petition is being circulated requesting that a portion of the track be maintained for jogging. Mayor Pro-tem Partin stated that he felt that a 4 to 6 foot wide lane could be left around the entire track in dirt surface for the runners use. Councilman Mullen suggested that staff address the issues of persons sitting on the fence, the continuation of jogging on the track, and the prevention of balls from entering onto the adjacent private properties. It was moved by Councilman Mullen, seconded by Councilman Kanel and unanimously carried to continue this matter to allow staff to consider the three issues as stated and possibly reach a compromise agreeable to all concerned. The Council concurred that the Public Works Department will continue the grading at the Oxford School site and to delay the actual planting until a decision is reached. CONSIDERATION OF HEARING OFFICER'S PROPOSED DECISION IN THE MATTER OF THE APPEAL BY SUSAN BORGES: Mr. Essex advised the City Council that the hearing on this matter was held on March 16, 1983 and the Council had a copy of the Hearing Officer's decision which was to deny the appeal. Councilman Coronado requested that this item be continued until Ms. Borges could be in attendance. Mr. Essex informed the Council that the staff, including the City Attorney, did not receive a copy of the latest correspondence from Ms. Borges. The Mayor Pro-rem called for a recess at 9:25 p.m., in order that the staff and City Attorney could familiarize themselves with this latest correspondence. The City Council reconvened in regular session at 9:38 p.m. Mr. Murphy informed the Council that Ms. Borges was given a Public Hearing and would not be entitled to any other hearings. If the Council wished to allow a Public Hearing to take place during a Council meeting, it would probably cover the issues and material already presented before the Hearing Officer. Councilman Kanel stated that he would support a motion to continue this item until the Mayor and MS. Borges were present. It was moved by Councilman Coronado, seconded by Councilman Kanel and unani- mously carried to continue this matter to the next meeting. CONSIDERATION OF CATV RFP STATUS REPORT: Mr. Essex advised that since there had not been any bidders on the joint venture cable television proposal, staff is requesting the City Council to authorize developing a request for proposals for a normal franchise agreement. 5?8 City Council Minutes April 11, 1983 Councilman Coronado requested that this item be continued until the next meeting for the benefit of hearing the Mayor's input as he was on the team selected to study the cable television issue. Mr. Essex informed the Council that he was not aware of any objection the Mayor might have in the City proceeding with this project. Councilman Kanel inquired why a time extension was not requested to accom- modate the need to negotiate questions and issues on behalf of interested companies. Mr. Barrett advised the Council that although there was initial interest in the joint venture concept, staff had not been able to obtain a bidder and he felt that even with additional time none of the companies would be interested in the joint venture program at this time. Councilman Kanel moved to continue this item which was seconded by Councilman Coronado and unanimously carried. Mr. David Able, 617 So. Olive, Los Angeles, addressed the Council and indicated that he felt several cable companies would be interested on bidding on the proposal for cable television in Cypress. In response to a question from Councilman Kanel, Mr. Able indicated that he was a consultant and attorney who represents several cable television com- panies in processing local franchises. CONSIDERATION OF RESOLUTION OF COMMENDATION FOR HEATHER SUMMEY: It was moved by Councilman Kanel and seconded by Councilman Mullen to adopt a Resolution by title only, title as follows, commending Heather Summey for being named the 1983 Petite I~ajorette Princess of California. RESOLUTION NO. 2638 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MISS HEATHER SUMMEY ON BEING SELECTED AS THE PETITE MISS MAIORETTE OF CALIFORNIA, 1983. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL MEMBERS: 0 COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Coronado, Kanel, Mullen, and Partin None Lacayo Mr. Essex informed the Council that Mr. Ed Clark who had been appointed Chairman of the Political Sign and Campaign Contribution Limitation Study Cormnittee is unable to serve on the Committee. The Committee met on April 7 and appointed Mr. Greg Diaz as interim chairman. The Committee will meet again on April 28 and the Council may wish to discuss and appoint a permanent chairperson at their next meeting. ADJOURNMENT: Mayor Pro-tem Partin adjourned the meeting at 10:23 p.m. to April 12, 1983 at 6:30 p.m., at the Community Center ~or a joint meeting with the Recreation Commission and the sport leagues. K"I~YOR/O~ ~{E CITY OF CYPRESS ATTEST: - 8-