HomeMy WebLinkAboutMinutes 83-09-26MINUTES OF THE REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September Z6, 1983
011
The regular meeting of the Cypress City Council was called to order at 7:00 p.m. on Monday,
September Z6, 1983, in the Cypress City Council Chambers, 5Z75 Orange Avenue, Cypress,
California, Mayor Otto Lacayo presiding.
PRESENT: Council Members Coronado, Mullen, Partin and Lacayo
ABSENT: Council Member Kanel
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and
the following staff members: Barrett, DeCarlo, Durra, Eynon, Robertson and Schatzeder.
At this time the Council recessed to the Conference Room to conduct a joint meeting with
the Cypress Traffic Commission.
Commissioners Present: Belsky, Bloch, Kennedy, Sanchez and Carruthers
The Commission and the Council discussed the fact that citizen groups are bringing before
the Commission traffic problems concerning speed and reckless driving, requesting that speed
bumps be placed in the streets or numerous stop signs be installed in residential areas. The
Commission would like to make the citizens more aware of the fact that, while they are
sincerely sympathetic with their problems, it is also one of the prime responsibilities of the
Commission to insure that the streets permit the orderly flow of traffic without subjecting
the city to unnecessary liability. It was agreed that this would be made the subject of an
article for the Newsletter, the purpose of which would be to familiarize the public with the
Commission. Mr. Schiada was directed to prepare this article for the review of the
Commission and the Council prior to publication.
Also discussed was the possibility of setting up a program of public awareness in conjunction
with the Neighborhood Watch, asking the citizens themselves to assist the police department
in identifying traffic violators by copying down license numbers.
COUNCILMAN KANEL ARRIVED AT 7:10 P.M.
The Council thanked the Commission for its time and dedication in helping them resolve the
traffic problems of the community.
The Council continued the regular meeting at 7:30 p.m.
PLEDGE OF ALLEGIANCE: Mr. Essex led the Pledge to the flag.
PRESENTATION OF EMPLOYEE SERVICE PINS: Mayor Lacayo presented 5-year service
pins to Kathleen Tautkas and Mason Cox and a 10-year service pin to Sergeant Eugene
Komrosky and thanked them for their many years of service to the City,
MINUTES: It was moved by Councilman Mullen, seconded by Mayor Lacayo and unanimously
carried to approve the Minutes of September 12, 1983.
STAFF REPORTS & DISCUSSION: The City Manager requested an Executive Session for
matters of personnel and litigation before the Council considered items of New Business.
CONSIDERATION OF PUBLIC HEARING REGARDING PUBLIC NUISANCE CONDITIONS
LOCATED AT 5001 BALL ROAD. Ms. Eynou presented the staff report dated September 1S,
1983, and stated that the container has been removed. The staff inspected the site and found
that there is minimum damage to the asphalt; therefore it is recommended that the record
show that the public nuisance has been abated.
There being no testimony from the public and no further comment by the Council Members,
Mayor Lacayo moved that the public hearing be closed and no further action taken since the
nuisance has been abated. The motion was seconded by Councilman Mullen and unanimously
carried.
CONSIDERATION OF REHEARING FOR GENERAL PLAN AMENMENT NO. 83-2 AND
ZONE CHANGE NO. 83-2~ 904Z MOODY STREET. Ms. Eynon summarized the staff report
dated September 13, 1983.
City Council Minutes
September 26, 1983
In response to an inquiry by Councilman Mullen, Ms. Egnon stated that, in rechecking an
amended zoning ordinance, the constructitm of three or more units would require a
Conditional Use Permit and the item would be returned to the Council for consideration at
that time.
Mr. James Battle, attorney for the applicant, submitted a petiti(m signed by 200 residents of
the area supporting the zone change request, emphasizing the difficulty of selling the
property for commercial use because it fronts on Moody and is not visible from Lincoln.
Mr. Joe Monte, $123 Sequoia, and Ms. Helen Thomas, 9172 Sulie Beth, spoke in support of this
request, stating that residential development is needed more than commerical in this area.
There being no further testimony, Mayor Lacayo opened the matter to comments from the
Council.
Councilman Coronado stated that he did not feel that any new information has been
submitted supporting this request and that it is his desire to maintain a contiguous piece of
commercial property at this location. He stated that while he did not wish to impose a
hardship on Mr. Schwartz, he feels that the Council has a committment to the financial
security of the community and needs to concentrate on properties that would be of the
greatest monetary benefit to the City, and, based on this, he cannot support this change of
zoning.
Mayor Lacayo stated that, while he agrees that Cypress does need more residential property,
he does not feel that rezoning commercial property at this location for that purpose would in
the best interest of the future residents, considering the noise and traffic conditions that
might develop in the future.
Council Members Kanel, Mullen and Partin stated that they would support the request, based
on the fact that it does not appear that this property would be commercially viable in the
near future and that at least some financial benefits could accrue to the City from its use for
residential dwellings. Councilman Partin emphasized his opinion that apartments would be a
better choice than condominiums at this location.
Councilman Partin then moved to close the Public Hearing, approve General Plan
Amendment No. 83-2, and adopt the Resolution by title only, title as follows, amending the
Land Use Element of the Cypress General Plan as proposed in Exhibit "B" of the staff's report
and to approve the first reading of an Ordinance zoning the subject property as proposed in
Exhibit "B" of the staff report:
RESOLUTION NO. 2693
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING GENERAL PLAN AMENDMENT NO. 83-2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING ORDINANCE NO. 640,
BY PLACING CERTAIN PARCELS OF LAND IN THE
RM-Z0/A ZONE, KNOWN AS ZONE CHANGE NO. 83-2
The motion was seconded by Councilman Kanel and carried by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
3 COUNCIL MEMBERS: Kanel, Mullen and Partin
1 COUNCIL MEMBERS: Coronado
1 COUNCIL MEMBERS: Lacayo
0 COUNCIL MEMBERS: None
CONSIDERATION OF PUBLIC HEARING REGARDING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 83-Z~ VIDEO GAME MACHINES~ BARRO'S PIZZA
RESTAURANT~ 6191-95 BALL ROAD. The City Attorney stated that his interpretation is
that this is a modification of the original request since the applicant is merely asking for
additional use of a Conditicmal Use Permit that had already been approved.
City Council Minutes
013
September Z6, 1983
Councilman Kanel expressed his concern that the applicant might be under the impression
that the consensus of the Council had changed since his original application and inquired as to
the fees that had been paid in order to request reconsideration at this time
Ms. Eynon stated that the applicant had paid a SZO0 fee for a Conditional Use Permit filing.
Councilman Kanel suggested that the Council might allow a refund of the fee if the applicant
so desired since the consensus had not changed.
Councilman Mullen stated that he also felt the applicant should be aware that there has been
no change of opinion regarding this matter.
Mayor Lacayo announced that the public hearing would now be opened and requested the
staff report.
Ms. Eynon summarized the staff report dated September 16, 1983, indicating that this
business had been limited to three video game machines at its original hearing due to the
City's existing zoning ordinance. She further stated that no communications had been
received as a result of the the advertising for this hearing.
Ms. Eynon then added that there is a satellite disc that is located just north of Barro's and
that it has not been approved by the City; therefore, during this hearing the staff would like
to have a condition put on this disc for some type of screening or permit.
Mr. Milton Yates, attorney~ representing the applicant, stated that the satellite was put in
for Barro's by a contractor, who should have applied to the City for a permit, and that either
a permit would be obtained or the satellite would be removed.
Mr. Yates continued that his clients had applied for the additional video game machines to
help their business because, although the Council has limited most businesses in Cypress to a
maximum of three machines, there is a pizza restaurant in Cypress that has more than three,
and Barro's is at a disadvantage in competing with it. He further stated that he and his client
feel that this is an unfair discrimination.
Mayor Lacayo stated that the only other business in Cypress that has more video games is
Great Western Pizza, which has eleven because these were permitted before the present
ordinance was adopted and therefore was protected under a "grandfather~ clause. However,
since that time the City has limited all business to three machines as an incidental use.
Mr. Yates replied that it is his opinion that a condition may be allowed under a "grandfather"
provision, but not an activity. He then requested that the City Council consider continuing
this item for two weeks in order to allow him time to discuss this legal interpretation with
the City Attorney.
In reply to an inquiry by Mayor Lacayo, the City Attorney stated that, if the Council were to
grant a continuance, he would discuss this matter by telephone with Mr. Yates.
Ms. Gall Fogarty, 51Z1 Evergreen, stated that she is acting as spokesperson for the
Cypress Girls' Softball League, whose teams frequent Barro's for pizza parties, and that their
members have expressed the desire for more video game machines and they support this
application.
Mr. Paul Baker, 7462 Broden Lane, La Palina, stated that he owns property in Cypress and he
is opposed to allowing more than three game machines in a business.
Mr. Anthony Sanchez, owner of Barro's Pizza, stated that he needs the equipment to help his
business since 75 to 80 percent of his business is athletic teams, which come in large groups.
He further stated that he had solicited the assistance of Councilman Coronado in determining
whether the Council would reconsider this matter; that he had reapplied to make that request
but had definitely not been under the impression that the Council had changed its mind.
Mayor Lacayo stated that the applicant might be eligible to apply as a video arcade and pizza
restaurant which would mean that the business would be governed by two different types of
ordinances, and the Mayor asked the City Attorney to address this possibility.
The City Attorney stated that an amusement arcade is any business that has more than three
games, and that an applicant could seek a permit for such a business in addition to his present
conditional use permit.
Mr. Yates then stated that the applicant is prepared to accept any of the conditions set down
by the Council to divide off a portion of his business to accommodate these machines, if the
Council would consider the application in light of those conditions.
- 3 -
0~ity Council Minutes
September 26, 1983
Councilman Partin stated that he is not prepared to make any type of approval for the
additioual machines unless it is readvartised as a possible arcades because of the strong
opposition at the time of the original hearing.
Mayor Lacayo stated that he would be in favor of agreeing to hear this again without
prejudice~ and perhaps with a waiver of an additional filing fee.
Mr. Yates then asked that the Council allow the applicant to withdraw the present
application and refund his fee~ permitting him to make a new application at a future time.
Mayor Lacayo agreed that Mr. Sanchez may withdraw his applicationi however~ the fee would
not be refundable unless the Council wishes to waive it.
The City Attorney then stated that technically the applicant does not need to withdraw this
application in that~ by asking far more video machines~ he is actually asking for the right to
operate a video arcade and~ since such option would require a Conditional Use Permit~ it
could be granted under this present applications whether such activity were to take place in a
divided area or not.
Councilman Coronado stated that he would support this application because he feels it is
extremely important to assist businesses in the City in any way possible so that they may
succeed.
Councilman Mullen stated that he had hoped to hear some new evidence to substantiate that
adherence to the ordinance governing this activity would impose some unreasonable hardship
on this particular businessl however~ he did not believe that the success of this restaurant
should be based solely on obtaining permission far video game machines rather than,on i'~s
own merits as a restaurant.
Cetmcilman Kanel stated that he could not support this applicatiou, since the same limit is
imposed on other businesses in Cypress, but that he is willing to return the fee to the
applicant.
In answer to an inquiry by Councilman Mullen, the City Manager stated that the publication
and mailing costs involved in advertising for this hearing were somewhere between $00 and
$100.
Mr. Yates then stated that the applicant would request that the application be submitted as
presented.
Councilman Mullen moved to close the Public Hearing and adopt the resolution by title only~
title as follows~ denying the amendment to Cond±tional Use Permit: #83-2.
RESOLUTION NO. 2694
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CYPRESS DENYING AN AMENDMENT TO CONDITIONAL USE
PERMIT NO. 83-2
The motion was seconded by Councilman Partin and carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCIL MEMBERS: Kanels Mullens Partin and Lacayo
1 COUNCIL MEMBERS: Coronado
0 COUNCIL MEMBERS: None
CONSIDERATION OF PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 83-
18~ FIVE ADDA'rAoNAL APARTMENT UNITS/DENSITY BONUS~ 86g6 - 8648 WATSON
STREET. Ms. Eyn0n reviewed the staff report dated September 19j 1983, and presented a
plot plan showing the location of the proposed buildings. She stated that the staff has
researched what other cities have don% since this is Cypress' first request for a density bonus
and it appears that most cities are requesting a term of ten years in which the units be
maintained for families of low-to-moderate income~ and the staff believes this is
reasonable. She further stated that she would like to add one condition~ making it Item No.
18~ requiring a balcony proposed far Building C to be modified to Planning Department
standards.
In answer to an inquiry by Mayor Lacayo, the City Attorney stated that the Council may
specify the term of "ten years after initial occupancy" in Condition 14.
Councilman Coronado questioned the following items: Why is there no mention of facilities
for the handicappedl why was the cash deposit for a block wall not mentioned in this report
as it was in the request for Conditional Use Permit No. 83-19 in the following agenda iteml
City Council Minutes September 26, 1983
015
why were common trash containers indicated in this request but not in the second; why was
roof-top mechanical equipment obscuratica not mentioned; and what is meant dollarwise by
low-to-moderate income?
Mr. Schatzeder stated that in answer to the inquiry about the block wall, in the application
for Conditional Use Permit No. 83-19 the developer indicated he may acquire the property
next door and build another unit that will face this one, so the City agreed that if he did so,
the deposit would be refunded; in regard to the wheelchair ramps, the condition should be
stated in each application and should be added as Condition No. 19.
Ms. Eynon stated that on the existing plan no trash container was shown and that is why it
was indicated and in regard to the roof-top screening, it should be made Condition No. 20.
The City Attorney stated that the statutc~y definition of low-to-moderate income families
would be those which do not exceed 120% of median income in the area.
Mr. John Maddix, architect, 8081 Stanton Avenue, Buena Park, represented the owner, and
stated that he would agree to the three additional conditious.
Councilman Coronado moved to close the Public Hearing and adopt the Resolution by title
only, title as follows, approving Conditional Use Permit No. 83-18, subject to the 17
conditions contained in the staff report, the three added by the Council, and adding the
suggested wording of "ten years after initial occupancy" to Item No. 10.
RESOLUTION NO. 2695
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 83-18 - WITH CONDITIONS
The motion was seconded by Councilman Mullen and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, PartJn and Lacayo
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
CONSIDERATION OF PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
83-19~ 7-UNIT APARTMENT COMPLEX~ 5582 CRESCENT AVENUE. Ms. Eynon presented
the staff report dated September 15, 1983.
Mr. F. L. John Johnson, 12550 E. Carson, architect, representing the applicant, requested
that the $5,500 cash deposit that is required for the block wall be waived and that the
applicant will construct the six-foot-high block wall as soon as the permit is approved.
Ms. Eynon stated that the department has no objection to this change.
Mr. Johnson requested that the soils test not be required. He stated that he was not aware of
the condition regarding the posting of a bond to insure these tests will be performed.
Ms. Eynon stated that the soils test are required fe~ landscaping and irrigation to insure that
the plants will survive. She indicated that this is required by the City on all plans and the
staff would be oppesed to waiving it.
Mr. Johnson stated that a wheelchair ramp would be provided to the first floor and that a
sprinkler system will be installed in accordance with fire department requirements; and that
there is a block-wall trash container provided.
Mr. Paul Baker, 7462 Bryan Lane, Cypress, stated that he owns the property directly behind
the proposed development and he wanted to know whether the 6-foot wall would also be built
at the rear of the property as well as to the east, but otherwise he has no objection to this
project.
Ms. Eynon stated that this is a part of Condition 3.
There being no further discussion, Councilman Mullen moved to close the Public Hearing and
and adopt the Resolution by title only, title as follows, appproving Conditional Use Permit
No. 83-18, subject to the 23 conditions in Exhibit "A", with the specific understanding that
Condition No. 5 remain as recommended by the staff but deleting the $5,500 cash deposit in
Condition No. 4.
0~ City Council Minutes September 26, 1983
RESOLUTION NO. Z696
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 83-18 - WITH CONDITIONS
The mo[ion was seconded by Mayor Lacayo and adopted by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RECESS: Mayor Lacayo called for a recess at 10:00 p.m. The meeting was reconvened at
10:IZ p.m. with all Council Members present.
EXECUTIVE SESSION: Mayor Lacayo called an Executive Session on matters of personnel
and litigation at 10:14 p.m. The meeting was reconvened at 11:24.
Mayor Lacayo announced that Item Noo Z5 would be taken out of order and heard at this
time.
CONSIDERATION OF AN INTERIM ORDINANCE PROHIBITING THE INSTALLATION OF
CERTAIN ANTENNAE PENDING THE STUDY THEREOF. Ms. Eynon presented the staff
report dated September 19, 1983, and indicated that existing installations or requests for
permits are merely being held until the study is completed and then it will be determined
whether they are or can be brought into compliance.
Mr. Keith McCartney, 2829 Whispering Lakes Lane, Ontario, stated that he has applied for
permission to install a satellite station in Cypress and that he suggests that ordinances or the
lack of ordinances in surrounding communities should be investigated because some cities are
reducing their regulation and inspection of these antennae.
Councilman Coronado suggested, and the City Council agreed, that the language in the
Interim Emergency Ordinance include a definition of the antenna in the standard commercial
terms, to read "any antenna with a diameter greater than one meter."
After discussion, it was moved by Councilman Mullen to adopt an Interim Emergency
Ordinance by title only, title as follows, effective for forty-five (45) days, prohibiting the
installation of any antenna with a surface area greater than one meter; and that a public
hearing be set for October Z4, 1983, to extend the time of the initial Interim Ordinance .
ORDINANCE NO. 71Z
AN INTERIM ORDINANCE OF THE crrY OF CYPRESS
PROHIBITING THE INSTALLATION OF CERTAIN
ANTENNAE PENDING THE STUDY THEREOF
The motion was seconded by Mayor Lacayo and unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
CONSENT CALENDAR: Mayor Lacayo announced that all items listed on the agenda under
"Consent Calendar" were to be considered by the Council as routine and will be enacted by
one motion approving the recommendations on the agenda.
Councilman Coronado requested that Items 4~9, 16 and 17 be removed from the Consent
Calendar and discussed separately.
Councilman Partin moved to approve Items #7, 8, 10 - 1S, and 18 - 22 on the Consent
Calendar. The motion was seconded by Mayor Lacayo and unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
Item ~7: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
- 6 -
City Council Minutes September 26, 1983
017
Item #8: Consideration of a Resolution From the City of Fullerton Urging the League of
California Cities to Establish Long-term Local Government Financing as a Top Priority for
the League.
Recommendation: That the City Council authorize the City's voting delegate to the annual
League of California Cities Conference to vote in support of the Resolution of the City of
Fullerton establishing long-term local government financing as a #1 League priority.
Item #10: Consideration of Proclaiming October 9 - 15, 1983, as "Fire Prevention Week."
Recommendation: That the Mayor and City Council officially proclaim October 9 - 15, 1983,
as "Fire Prevention Week" in the City of Cypress.
Item #11: Consideration of Waiver of Conditional Use Permit Filing Fee Relating to the
Establishment of a Preschool/Day Care Center at the Arnold Elementary School, 9281 Denni
Street.
Recommendation: That the City Council authorize the waiver of the $250 conditional use
permit filing fee to the Cypress School District.
Item #12: Consideration of Claim for Indemnity, Contribution, Proration and Declaratory
Relief from the City of Hawaiian Gardens Pertaining to an Accident Which Occurred at the
Intersection of Bloomfield Street and Orange Avenue.
Recommendation: That the City Council officially reject the Claim for Indemnity,
Contribution, Proration and Declaratory Relief submitted by the City of Hawaiian Gardens.
Item 413: Consideration of New Candidate FAU Projects.
Recommendation: That the City Council approve submittal of the three projects described in
the report to the Orange County Transportation Commission for inclusion in the FAU
Transportation Improvement Program.
Item #14: Consideration of a Resolution Outlining the City's Commitment to Implement
"Reasonably Available Control Measures" from the South Coast Air Quality Management
Plan.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
outlining the City's commitment to the nineteen "Reasonably Available Control Measures:"
RESOLUTION NO. Z697
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
INDICATING ITS INTENT TO IMPLEMENT HEREIN DEFINED "REASONABLY
AVAILABLE CONTROL MEASURES" FROM THE 1982 REVISION OF THE
AIR QUALITY MANAGEMENT PLAN FOR THE SOUTH COAST AIR BASIN
Item #15: Consideration of a Resolution 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,
amending Resolution No. 970, recognizing a separate and distinct employee group which
would include all employees of the City whose positions are classified as police lieutenant
and police captain, and similar positions as may be adopted or reclassified in the future:
RESOLUTION NO. Z6~8
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 #18: Consideration of Potential Public Nuisance Located at 5450-5470 Orange Avenue,
Cypress.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
declaring its intent to conduct a Public Hearing to ascertain whether the property located at
5450-5470 Orange Avenue constitutes a public nuisance:
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City Council Minutes
September 26, 1983
RESOLUTION NO. 2699
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING THAT CERTAIN PREMISES WITHIN THE CITY OF CYPRESS
MAY BE MA/NTAINED 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 ~I OF CHAPTER 13 OF
THE MUNICIPAL CODE OF THE CITY OF CYPRESS
Recreation & Park District Matters:
Item 4~19: Consideration of New Programs for Winter Session.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, approve the two new classes as
outlined in the report at a fee for Energetics of SZ0 for two one-hour classes, four-week
session; and SZ0 for Ice Skating for eight-week, one-hour-each sessions, including skate
rental, as recommended by the Recreation and Community Services Commission.
Item ~Z0: Consideration of Mail-In Registration Policy.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, receive and file the report.
Item 4~Zl: Consideration of Proclaiming October 3 - 9, 1983, as "Community Oriented
Theatre Week."
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, officially proclaim October 3 - 9,
1983, as "Community Oriented Theatre Week."
Item 4~ZZ: Consideration of Proposed Name Change for Cypress Community Oriented
Theatre (COT).
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, approve the name change from
Cypress Community Oriented Theatre to Cypress Civic Theatre, effective as of the next
fiscal year beginning July 1, 1984.
In regard to Item No. 9 - Consideration of a Communication Requesting Support for Funding
for Freeway Landscaping, Councilman Coronado expressed uncertainty as to the amount of
money involved.
Mayor Lacayo stated that this is merely an endorsement of State funds being allocated for
minimal freeway landscaping.
Councilman Coronado stated that he could not support this as being fiscally responsible in
view of the fact he feels other matters should take priority over cosmetic improvements to
freeways.
Councilman Mullen moved that the City Council authorize the Mayor to transmit a letter to
the Orange County Transportation Commission supporting a minimal annual funding program
for freeway landscaping through the State Transportation Improvement Program. The motion
was seconded by Councilman Kanel and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCIL MEMBERS: Kanel, Mullen, Partin and Lacayo
1 COUNCIL MEMBERS: Coronado
0 COUNCIL MEMBERS: None
In regard to Item No. 16 - Consideration of a Resolution of Intention to Approve an
Amendment to the Contract Between the Board of Administratiou of the Public Employees'
Retirement System and the City Concil of the City of Cypress, Councilman Coronado
inquired as to what is meant by "miscellaneous employees" in the staff report.
The City Manager explained that this includes all except those employees designated as
"Public Safety."
- 8
City Council Minutes September 26, 1983019
Councilman Coronado moved that the City Council adopt the Resolution by title only, title as
follows, declaring its intention to approve the amendment to the retirement system contract
for miscellaneous employees:
RESOLUTION NO. 2700
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE
CITY OF CYPRESS
The motion was seconded by Mayor Lacayo and unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
In regard to Item 4q7 - Consideration of Capital Outlay Appropriation for Finance
Department, Councilman Coronado expressed his disapproval of an expenditure of $753 for
chairs.
The City Manager explained that this posture seating will reduce occupational hazards to
employees using computer terminals. These chairs are specifically designed for this type of
work station.
Councilman Coronado moved to disapprove this authorizaticaa to purchase the two task
chairs; which motion died for lack of a second.
Councilman Mullen moved that the City Council authorize the purchase of two task chairs
from McMahan Desk Company and appropriate $753 to Account 4710-90-658-38. The motion
was seconded by Councilman Partin and carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCIL MEMBERS: Kanel, Mullen, Partin and Lacayo
1 COUNCIL MEMBERS: Coronado
0 COUNCIL MEMBERS: None
CONTINUATION OF CONSIDERATION OF REQUEST FOR TREE REMOVAL AT 4028
CARDIFF DRIVE. Mr. Schatzeder presented the staff report dated September 20, 1983, and
stated that Mrs. Faraci is not present at this meeting. He shewed pictures of the tree under
consideration before and after the City had trimmed it, and stated that the tree had not
seriously damaged the sidewalk nor was it displacing the curb.
Councilman Mullen moved for denial of the request for tree removal at 4028 Cardiff Drive.
The motion was seconded by Councilman Partin and unanimously carried.
CONSIDERATION OF PARTICIPATION IN PUBLIC OFFICIAL BOND PROGRAM THROUGH
OCCRMA. Mr. Barrett presented the staff report dated September Z0, 1983.
Councilman Mullen moved that the City Council authorize participation in the OCCRMA
public official bouding program as outlined in the report. The motiou was seconded by
Councilman Coronado and unanimously carried.
CONSIDERATION OF CATV PROPOSAL EVALUATION PROCESS AND SCHEDULE. Mr.
Barrett summarized the staff report dated September 21, 1983, stating that the evaluation
process is expected to take 90 days, including the use of a consultant to provide a report to
the staff; however, if this can be done in a shorter period of time, the staff will return to the
Council with a revised schedule.
Councilman Mullen moved that the City Council instruct the staff to proceed with the CATV
proposal evaluation process as indicated in the staff report. The motion was seconded by
Councilman Kanel and unanimously carried.
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City Council Minutes September 26~ 1983
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS
NO. 1133 - 1328. It was moved by Mayor Lacayo and seconded by Councilman Mullen to
approve the Warrant List for Warrants No. 1133 - 1328 in the total amount of $327,089.10. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
0 COUNCIl. MEMBERS: None
0 COUNCIL MEMBERS: None
SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS AMENDING SECTION 15-30(16) OF THE CYPRESS CITY CODE RELATING TO
THE BUSINESS TAX RATE SCHEDULE. It was moved by Councilman Partin and seconded by
Councilman Coronado to order the following Ordinance read by title only, title as follows,
and to adopt the Ordinance:
ORDINANCE NO. 713
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 15-30(16) OF THE CYPRESS CITY CODE RELATING
TO THE BUSINESS TAX RATE SCHEDULE
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
ADJOURNMENT: It was moved by Mayor Lacayo~ seconded by Councilman Mullen~ and
unanimously carried to adjourn the meeting at 11:58 p.m. to Tuesday~ October lip 1983,
because of the Colombus Day Holiday on October 10.
~[AY~.~OFI~frHE CI~ OF CYPRESS
ATTEST:
CITY~CL~EI~K OF THEE' ~rY OF CYPRESS
10 -