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Minutes 84-04-23 MINUTES OF THE REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 23, 1984 The regular meeting of the Cypress City Council was called to order at 6:40 p.m. on Monday, April 23, 1984, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro-Tern John Kanel presiding. PRESENT: Council Members Coronado, Kanel, Lacayo, and Mullen ABSENT: Mayor Partin Also present were Darrell Essex, City Manager; and the following staff members: DeCarlo and Eynon. Mayor Pro Tern Kane] announced that the regular City Council meeting would now be called into session in a joint meeting with the Senior Citizen Commission. The following members of the Senior Citizen Commission were present: Berlin, Hayes, Mason, Newton and Spatz. The major item of discussion was that of the senior citizen housing project which is proposed to be built at the present Cypress Elementary School site. The members of the Commission thanked the Council for its strong support of this project. MAYOR PARTIN ARRIVED AT 6:48. Mayor Pro Tern Kanel turned the meeting over to the Mayor for further items of discussion. Possible expansion of the Senior Citizen Community Center and the possibility of increased sales tax revenue being derived for this purpose from new businesses locating in Cypress were also mentioned as items of interest to the Commission, as well as the possibility of "affordable" condominiums being built by private investors under a City bond-funded program. Councilman Lacayo requested that the Planning Department submit to the Council the alternative methods of expanding the Senior Center facilities. The Planning Director stated that once the housing project is approved, money from the Block Grant Program could be applied for this purpose under the Master Plan for the site. The members of the Council and Commission then discussed methods of staggering terms of future appointees to the Commission to provide continuity and stability. At ?:g0 p.m. the Council reconvened into regular session with all members present. Also present at this time were City Attorney John Murphy and the following additional staff members: Barrett, Beardsley, Hurst, and Lowenberg. PLEDGE OF ALLEGIANCE: Councilman Kanel led the Pledge to the flag. ORAL COMMUNICATIONS: Mayor Partin asked if anyone wished to speak in regard to any matter not on the agenda. Mr. Essex requested that an Executive Session be held for matters of personnel and litigation. CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - DUKE THE JEWELER~ 5488 LINCOLN AVENUE~ CYPRESS. Mr. Essex presented the staff report dated April 17, 1984, requesting that this matter be continued to Monday, May 14, 1984. Mayor Partin so ordered. CONSIDERATION OF PUBLIC HEARING RE; CONDITIONAL USE PERMIT NO. 84-11 (PROFESSIONAL FABR/CATORS~ INC.~ 569Z LINCOLN AVENUE~ CYPRESS). Mr. Essex presented that staff report dated April 16, 1984, recommending that the City Council continue this public hearing to Monday, June ZS, 1984. Mayor Partin so ordered. 180 City Council Minutes April 23, 1984 EXECUTIVE SESSION: The Mayor called an Executive Session at 7:40 p.m. for matters of personnel and litigation. The meeting was reconvened at 7:53 p.m. CONSENT CALENDAR: Mayor Partin 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 Lacayo moved to approve Items #3 - 13 on the Consent Calendar. The motion was seconded by Councilman Mullen and unanimously carried by the following roll call vote: AYES: $ COUNCIL MEMBERS: Coronado, Kanel, Lacayo, Mullen and Partin NOES 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 3: Motion to Approve City Council Minutes of the Adjourned Regular Meeting of April Z, 1984, and Regular Meeting of April 9, 1984. Item No. 4: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item No. $: Consideration of Proclaiming May 1984, as "American Business Women's Association's Education Month". Recommendation: That the Mayor and the City Council proclaim May 1984, as "ABWA Education Month" in the City of Cypress as requested. Item No. 6: Consideration of Extension of Employment List - Maintenance Worker I. Recommendation: That the City Council extend the employment list for the position of Maintenance Worker I to July 24, 1984. Item No. 7: Consideration of Proclaiming May lZ, 1984, as "Fire Service Recognition Day". Recommendation: That the Mayor and City Council proclaim Saturday, May lg, 1984, as "Fire Service Recognition Day" in the City of Cypress. Item No. 8: Consideration of Claim Filed by David Ure, Attorney, on Behalf of William Richard Copsey. Recommendation: That the City Council offcially reject the subject claim and refer it to the City's Claim Adjuster, Carl Warren & Company, for appropriate disposition. Item No. 9: Consideration of Proclaiming May Z0 - 26, 1984, as "Public Works Week". Recommendation: That the Mayor and City Council officially proclaim May Z0 - 26, 1984, as "Public Works Week" in the City of Cypress. Item No. 10: Consideration of Request from the Cypress Twirlers for Permission to Use the City Council Chambers Plaza Area for Square Dancing on July 7, August 4, and September 1, 1984. Recommendation: That the City Council approve the request of the Cypress Twirlers for use of the City Council Chambers Plaza area on July 7, August 4, and September 1, 1984, 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 No. 11: Consideration of Renewal of Towing Service Contract. Recommendation: That the City Council approve the renewal of the contract for auto towing service with the Cypress Auto Tow for a period of one year, ending June 30, 1985, with the same conditions and rates existing in the current contract. - 2 - City Council Minutes April Z3, 1984 Item No. ]Z: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Masaru & May Takeuchi, D.B.A. New Harima Japanese Cuisine (formerly Sasa Restaurant), 4009 Bail t~oad, Cypress. Recommendatim: Receive and file. Item No. 13: Consideration of Resolutiem in Support of Proposition 18 (Funding for State and Local Recreation & Park Agencies). Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, supporting Proposition 18, and authorize issuance of a Press Release in this regard. RESOLUTION NO. 138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT SUPPORTING PROPOSITION 18, WHICH PLACES BEFORE THE VOTERS OF CALIFORNIA ON JUNE 5, 1984, A BOND MEASURE TO PROVIDE FUNDING FOR PARKS AND RECREATIONAL LAND ACQUISITION, DEVELOPMENT AND OTHER RELATED PURPOSES CONTINUATION OF CONSIDERTION OF CATV NEGOTIATIONS STATUS REPORT. Mr. 131 Barrett presented the staff report dated April 18, 1984, and stated that the negotiating team has gone through all items contained in the proposal and draft ordinance for clarification and all major areas of difference have been resolved. He stated that the final document can be presented for Council approval by May 14, 1984. Sharon Browning, West Coast Manager of Public Affairs for Copley/Colony, introduced Mr. Barry Kerr, the new Regional Manager for the West Coast, who will be in charge of building the Cypress CATV system. Mayor Partin announced that the report would be received and filed. CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE CYPRESS RECREATION AND COMMUNITY SERVICES COMMISSION. Mayor Partin opened this matter for discussion by moving for approval of the following appointments to the Recreation and Community Services Commission: Ms. Redman, Mr. Diaz and Mr. Heinz. The motion was seconded by Councilman Lacayo. Councilman Coronado indicated his concern regarding maintaining a balance in emphasis of both sports and cultural activities and stated that Mr. Weinberg had mentioned to him personally that he would be interested in continuing as a member of the Commission. Councilman Mullen requested that the motion and second by withdrawn so that each appointment could be considered separately, indicating that he feels presenting all three appointments under one vote forces approval or denial without adequate discussion of each applicant's qualifications and that, in his opinion, this could be construed as a "power play" rather than a desire to consider the various reasons why the Council members might wish to vote for candidates other than those included in the motion. Mayor Partin then ruled Councilman Mullen out of order. After considerable discussion, Councilman Mullen moved to reappoint Mr. A1 Weinberg to the Recreation and Community Services Commission for one additional term; which motion was seconded by Councilman Coronado. Councilman Kanel requested that this matter be continued to the meeting of May 14, in order to allow further discussion and consideration of Mr. Weinberg's request. Councilman Mullen stated that he would so amend his motion and this was agreed to by Councilman Coronado. The motion unanimously carried. Councilman Partin then moved that Ms. Redman and Mr. Diaz be appointed as members of the Recreation and Community Services Commission. The motion was seconded by Councilman Lacayo and adopted by a vote of four ayes with one abstention by Councilman Coronado. 132 City Council Minutes April 23, 1984 Councilman Lacayo stated ~Lat it has been the policy of the Council in the past for the Mayor to present a slate of candidates for appointment to Commissions and he does not desire to see this method changed; however, he would request that each Councilman submit a ballot to the Mayor indicating his individual choice for the appointment to the remaining vacancy on this Commission prior to the matter being presented for vote at the next Council meeting. Mr. Essex stated that Major Bill Davies, Los Alamitos Reserve Airbase, had requested an opportunity to make a presentation before the Council regarding the request for installation of a microwave dish at the McAuto Building. The City Attorney stated that this matter could be presented as an oral communicaton regarding a matter not on the agenda for Council consideration at this time. Major Davies stated that the Airbase is concerned that there might be some future interference with the air navigation system at the base resulting from the installation of this dish. He further stated that a survey will be conducted by the Federal Aeronautics Board to make this determination and that he would request that this installation not be approved by the staff until this study has been completed. In response to an inquiry by Councilman Kanel, Mr. Phil Arroyo, representing McDonnell Douglas, stated that his company is concerned about any hazardous conditions being potentially created by this installation and would cooperate completely with the airbase and the FAA testing. In regard to the matter of the appointment of members to the Recreation and Community Services Commission, Councilman Mullen requested that the City Attorney listen to the official tape recording of tonight's meeting and comment at the next Council meeting on the propriety of his being ruled "out of order" by the Mayor during that discussion. CONTINUATION OF CONSIDERATION OF STATUS REPORT ON THE BUSI~IESS PARK DEVELOPMENT. Ms. Eynon presented the staff report dated April 17, 1984, a~d reviewed the proposed development of the following properties in the Cypress Business Park: Warland Land Co., McDonnell Douglas Land Co., Arlan Land Co., KoI1 Center, and John D. Lusk & Son. Mayor Partin announced that this report would be received and filed. CONSIDERATION OF AUTHORIZATION TO ADVERTISE FOR BIDS FOR SLURRY SEALING OF VARIOUS CITY STREETS~ ALLEYS~ AND PARKING LOTS~ CITY OF CYPRESS PROJECT NO. 8405-90. Mr. Beardsley presented the staff report dated April 1g, 1984. It was moved by Councilman Lacayo and seconded by Councilman Mullen that the City Council: (1) authorize an appropriation from the Fund Balance of the General Fund and appropriate $110,300 to Account 4186-11-Z1Z.0; and (Z) authorize the City Clerk to advertise for bids for the slurry seal of various streets, alleys and parking lots (Exhibit "A"), Project No. 8405-90, with bid opening to be at 2:00 p.m., May 30, 1984. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: Coronado, Kanel, Lacayo, Mullen and Partin 0 COUNCIL MEMBERS: None 0 COUNCIL MEMBERS: None CONSIDERATION OF CITY-INITIATED STUDY CONCERNING THE PROLIFERATION OF LIQUOR LICENSES IN CYPRESS AND REGULATION PROCEDURES USED BY OTHER MUNICIPALITIES. Ms. Eynon presented the staff report dated April 16, 1984, and Mr. Essex presented Mr. James Kim's communication requesting reconsideration of his application for approval of a Conditional Use Permit for the off-site sale of alcoholic beverages at the A-4 Market. Councilman Lacayo stated that he would support this application in view of the fact that alcoholic beverages were previously sold at this location. Councilmen Coronado and Kanel and Mayor Partin all stated that, in view of the large number of existing establishments indicated in the staff report as currently licensed to sell alcoholic beverages in the City, they were not in favor of approving any additional permits for the sale of liquor in this area. - 4 - 133 City Council Minutes April 23, 1984 Mr. George Bescon, President of the Cypress Chamber of Commerce, spoke in support of approval of Mr. Kim's application and indicated that Mr. Klm had purchased a liquor license without being aware that its use would have to be approved by the Council. Mr. James Kim, owner of the A-4 Market, stated that the escrow had not been closed, on the purchase of this liquor license, but a deposit had been made and application made to the Alcoholic Beverage Control Board. In response to an inquiry by Councilman Kanel, he stated that the purchase was being made through a licensed liquor broker. Councilman Lacayo moved that appropriate public notice be given and that this matter be reconsidered by the Council at a future meeting. The motion was seconded by Councilman Mullen and carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCIL MEMBERS: Lacayo, Mullen and Partin 2 COUNCIL MEMBERS: Coronado and Kanel 0 COUNCIL MEMBERS: None Councilman Coronado then cautioned Mr. Kim regarding closing the escrow for the purchase of this liquor license prior to the reconsideration of his Conditional Use Permit by the Council. Mayor Partin announced that the staff report would be received and filed. CONSIDERATION OF INFORMATION REPORT REGARDING DEVELOPER INTEREST IN INDUSTRIAL DEVELOPMENT BONDS. Ms. Eynon presented the staff report dated April 16, 1984, and deferred to the City Attorney to respond to any legal questions from the Councilmembers regarding this matter. After considerable discussion by the Council, Councilman Lacayo moved that the City Council direct the staff to present at the meeting of May 14, 1984: (1) an Ordinance establishing an Industrial Development Authority (to be utilized in eonjunction with industrial issues), and (2) an Ordinance establishing the framework for issuing commercial Industrial Development Bonds. The motion was seconded by Councilman Coronado and unanimously carried. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARP, ANTS NO. 3992 - 4223. It was moved by Councilman Mullen, seconded by Councilman Coronado to approve the Warrant List for Warrants No. 3992 - 4223 in the total amount of $372,874.51. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: Coronado, Kanel, Lacayo, Muilen and Partin 0 COUNCIL MEMBERS: None 0 COUNCIL MEMBERS: None SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN SAID CITY AND CYPRESS LAND COMPANY. It was moved by Councilman Lacayo and seconded by Councilman Mullen to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 724 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN SAID CITY AND CYPRESS LAND COMPANY The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: Coronado, Kanel, Lacayo, Mullen and Partin 0 COUNCIL MEMBERS: None 0 COUNCIL MEMBERS: None - 5 City Council Minutes April 23, 1984 Councilman Kanel then announced that he had been asked by Golden West Mobile Home Owners' Association to introduce a motion that the City Council adopt a proclamation declaring May 5, 1984, as "Mobile Home Owners' Day" in the City of Cypress as a day of recognition of mobile home owners and of the accomplishment of this Association in building chapters all over the state, and that the Council encourage and support similar action by other cities. The motion was seconded by Councilman Mullen and unanimously carried. CONTINUATION OF CONSIDERATION OF CHAMBER OF COMMERCE CONTRACT. Councilman Coronado stated that, in regard to this matter, he had discussed with Mr. Paul Erskine, editor of the News Enterprise, a newspaper article in the April 19, 1984, regarding the Cypress Chamber of Commerce. Councilmen Lacayo, Kanel, Mullen and Mayor Partin all emphasized their concern over the implications of this article and the effect it might have on the readers' opinion of the advisability of the City entering into this contract with the Chamber. Mr. George Boscon, President of the Chamber of Commerce, was urged to make a timely response to this article in order to clarify for the public the actual figures which should have been printed and to assure continued confidence in the Chamber by the newspaper's readers and the business community. The Council members also emphasized that this published response should be written in a positive, informative manner. Mr. Boscon agreed that this matter would receive his and the Chamber's Board of Directors immediate attention. Mayor Partin, City Manager Darrell Essex, and Chamber President Bc~con then formally signed the contract between the Chamber of Commerce and the City of Cypress to become effective July 1, 1984. EXECUTIVE SESSION: The Mayor called an Executive Session at 9:45 p.m. for matters of personnel and litigatic~. The meeting was reconvened at lhZ9 p.m. ADJOURNMENT: There being no further business, Mayor Partin adjourned the meeting at Ih30 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK-OF 'I"HE CIT/Y/OF CYPRESS