Minutes 78-08-28MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY CO[JNCI!,
llELD
August 28, 1978
The regular meeting of the Cypress City Council was called to order
at 6:45 p.m. on Monday, August 28, I978 in the Cypress City Council
Chambers, 5275 Orange Avenue, Cypress, California, Mayor Donald
Hudson presiding.
PRESENT: Councilmembers I,acayo, MacLain, Rowan & [tudson
ABSENT: Councilwoman Evans
Also present were City Manager/City Clerk Darrell Essex, City
Attorney dohn Murphy, and the following City staff members: Bryant,
Davenport, Duke, Lamm and Schatzeder.
PLEDGE OF ALLEGIANCE: Mr. Essex led the pledge of allegiance.
ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to speak
in regard to any m~tter which was not on the agenda.
Mr. Gerald Mullen, 4190 Elizabeth Court, Cypress, speaking on behalf
of Cypress American Legion Post #295 and Cypress Veterans of Foreign
Wars, addressed the Council with regard to the proposed ¥iet Nam
Veterans' Memorial to be located at the Santa Ana Civic Center and
the Council's August 14 action on this matter. The groups encouraged
the remembrance of Vier Nam veterans and asked the Council to recon-
sider their receive and file action and to take more positive action
to commemorate veterans. Mr. Mullen suggested that community gruups
he requested to send representatives to the memorial dedication a,d
contribute towards Cypress' 5200.00 share of the memorial cost.
Councilwoman MacLain suggested that a contribution may he possible
From Bicentennial Committee excess funds.
Mr. John Bach, 9682 Juanita, Cypress, requested that Cooncilman
Lacayo serve as chairman of a committee to coordinate Cypress'
eEforts For the veterans memorial.
Mr. Bill Riddle, District Commander for American Legions o£ Orange
County, asked that the Council take appropriate action to honor the
Viet Nam veterans. He stated he would check with Supervisor Anthony
on the amount of Cypress' share for the memorial.
The Councilmembers expressed their apologies for the misunder-
standing and adverse publicity regarding their previous actiun.
Councilmembers Lacayo and MacLain agreed to serve as Chairman and
Treasurer of the committee.
It was moved by Mayor ltudson, seconded by Councilman Lacayo und
unanimously carried to direct the preparation of a resolution
commemorating Viet Nam Veterans and supporting the efforts of the
Cypress American Legion Post and Cypress Veterans of Foreign Wars
for the veterans memorial.
PRESENTATIONS:
Mayor ttudson read and presented a resolution of commendation to
Councilwoman Alice MacLain congratulating her election as President
of the Orange County Division of the League of California Cities.
MINUTES:
it was moved by Councilman Lacayo, seconded by Councilman Rowan
and unanimously carried to approve the minutes of August 14.
City Council Minutes
CONSIDERATION OF AWARD OF CONTRACT FOR TWO LAWN MOWERS, REQIlEST
FOR QUOTATION #7879-05RP: The City Manager presented a report
from the Finance Officer dated August 25 which indicated three
bidders were contacted and only one bid was received.
It was moved by Councilman Rowan and seconded hy Councilman Lacayo
to accept the bid of B. llayman Company, Inc., 9525 Sorensen Avenue,
Santa Fe Springs, California, and award them the contract in the
amount of $7,295.96. The motion unanimoosly carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Lacayo,
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Evans
MacLain, Rowan & Iludson
CONSIDERATION OF AWARD OF CONTRACT FOR A TttREE YEAR PERIOD FOR
SEWER CLEANING, REQUEST FOR QUOTATION #7879-03: The City Manager
presented a report from the Finance Officer dated August 23 which
outlined the two bids received.
It was moved by Councilman Rowan and seconded hy Councilwoman
MacLain to accept the bid of Richard L. Walker, 414 N. Philadelphia
Street, Anaheim, California, as the lowest responsible bid and
award them the contract for a three year period in the annual amount
of $16,062.00. The motion unanimously carried by the following
roll call vote:
AYES: 4 CODNC ILMEMBERS: Lacayo,
NOES: 0 COIJNC ILMEMBERS: None
ABSENT: I CODNC ILMFHBERS: Evans
MacLain, Rowan & [tudson
CONSENT CALENDAR: Mayor Hudson annonnced that all items listed on
the agenda under "Consent Calendar" were to be considered by the
City Council as routine and enacted by one motion approving the
recommendation on the agenda.
With regard to Item #8, Councilwoman MacLain recommended that the
recommendation be changed from receive and file to support of the
City of Adelanto resolution opposing State mandated costs and that
the Council transmit a copy of their previous action on the matter.
It was moved by Councilman Lacayo and seconded
MacLain to approve Items #4 through #14 on the
the correction to Item #8.
by Councilwoman
Consent Calendar,
wi th
Councilman Lacayo stated he would vote no on Item #5~
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Lacayo,
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Evans
MacLain, Rowan & Iludson
Item #4: Motion to introduce and/or adopt all ordinances presented
for consideration by title only, and to waive further reading.
Item #5: Consideration of Employment List - Secretary.
Recommendation: That the City Council certify the employment list
for the position of Secretary as submitted.
Item #6: Consideration of a Claim Submitted by Jeffrey Peter Dettmer.
Recommendation: That the City Council officially deny the subject
claim and refer the claim to the City's Claim Adjuster, Carl Warren
and Company, for appropriate disposition.
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· ~ ~y Council Minutes August 28, 1978
Item #7: Consideration of a Communication from the Midway City
Sanitary District Re: the Closing of the Transfer Stations.
Recommendation: That the City Council transmit a communication to
the Orange County Board of Supervisors requesting continuation of
the program to allow the public to use the Transfer Stations on
Saturday for dumping purposes.
Item #8: Consideration of a Resolution from the City of Adelanto
Opposing State Mandated Costs.
Recommendation: That the City Council go on record in support
of the City of Adelanto's Resolution opposing State mandated costs
and transmit a copy of their previous action on this matter.
Item #9:
Records.
Consideration of Destruction of City of Cypress Personnel
Recommendation: That the City Council adopt the following Resolu-
tion by title only, title as follows:
RESOLUTION NO. 2016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AUTHORIZING TIlE DESTRUCTION OF
CERTAIN CITY OF CYPRESS PERSONNEL RECORDS.
Item #10: Consideration of Destruction o£ Cypress Recreation ~nd
Park District Personnel Records.
Recommendation: That the City Council, acting as the ex officio
Board of Directors of the Cypress Recreation and Park District,
adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 92
A RESOLUTION OF THE CITY COUNCIL OF Tile CITY
OF CYPRESS, ACTING AS THE EX OFFICIO BOARD OF
DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY
OF CYPRESS, AUTHORIZING THE DESTRUCTION OF
CERTAIN DISTRICT PERSONNEL RECORDS.
Item #11: Consideration of Approval of Plans and Specifications
and Authorization to Advertise for Bids for the Improvements of
Valley View Street Katella Avenue, 350' N/O to 650' S/O Katell~t
on Valley View and 650' W/O to 350' E/O Valley View Street on
Katella Avenue, F.A.U. Project No..M 030-Phase I, Including Traf-
fic Signal Interconnect System from Lincoln Avenue to Orangewood.
City of Cypress Project No. 7505-10-0000.
Recommendation: That the City Council approve the plans and speci-
fications for the improvements of Valley View Katella Project
including the traffic signal interconnect system, F.A.D. Project
M030, Phase I, City of Cypress Project No. 7505-10-0000, and auth-
orize the City Clerk to advertise for bids with bid opening date
to be set after receipt of approval from the Federal Highway
Administration.
Item #12: Consideration of Setting the
Establishment of an Underground Utility
City of Cypress Project No. 7920-90.
Public Hearing for the
District on Katella Avenue,
Recommendation: That the City Council set a Public Hearing for
consideration of establishing an Underground Utility District on
Katella Avenue extending from Knott Street to Valley View Street
and that the time ard place for the Hearing of all persons inter-
ested in, or objecting to, the establishing of such a District is
hereby fixed at 7:00 p.m. at the regular meeting place of the
City Council of the City of Cypress, 5275 Orange Avenue, Cypress,
California, on September 11, 1978.
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City Council Minutes August 28, }978
Item #13: Consideration of Acceptance of Final Tract Map ~/9849,
6101 Orange Avenue.
Recommendation: That the City Council approve Final Map #9849
and accept the bond for public improvements in the amount of
$5,000.00 which is not Iess than S0% nor more than 100% of the
total improvements, and authorize the City Clerk to sign the
record map.
Item #14: Consideration of a Resolution Commending
Alice J. MacLain for Being Elected President of the
Division of the I, eague of California Cities.
Coun c i l woman
Orange County
Recommendation: That the City Council adopt the following Resolu-
tion by title only, title as follows:
RESOLUTTON NO. 2017
A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY
OF CYPRESS COMMENDING COUNCILWOMAN ALICE d.
MACLAIN FOR BEING ELECTED PRESIDENT OF THE
ORANGE COUNTY DIVISION OE THE LEAGUE OF
CAI, IEORNIA CITIES.
CONTINUATION OF CONSIDERATION OF BUILDING INSPECTION PRIOR TO
RESALE OF RESIDENTIAL PROPERTY: The City Manager summarized a
report from the Public Works Director dated August 24 which des-
cribed the building inspection procedures of eight other cities.
The City Attorney recommended that disclaimer language be included
in the proposed ordinance, if one is adopted by the Council.
Mayor Hudson stated his concern was that, because of Proposition 15
impacts on property owners, home improvements may be made without
the issuance of a building permit and this would jeopardize the
public safety and could be a liability for the City. lie requested
that staff study the matter further and report on the assets and
liabilities of the program and determine when it would be useable.
The Public Works Director estimated the program would involve about
100 inspectJons per month and would probably require a full-time
inspector.
Mr. ,Joe Hardcastle, 4588 Blanca Drive, Cypress, felt the proposed
program would discriminate against persons selling their home and
that if inspections are made they should be city-wide. He stated
the program should not be used to raise revenue.
Councilman Rowan suggested that the staff obtain feedback from the
community on their reaction to the proposed inspection program and
that the matter be tabled until more data is obtained.
It was moved by Councilman Rowan, seconded by Councilwoman MacLain
and unanimously carried to table the matter and direct staff to
investigate it further and report back.
CONTINUATION OF CONSIDERATION OF RENEWAL OF CONTRACT FOR TRAEFIC
SIGNAL MAINTENANCE: The City Manager presented a report from the
Public Works Director dated August 22 regarding this matter.
It was moved by Councilman Rowan and seconded by Councilwoman
MacLain to approve renewal of the contract for traffic signal
maintenance with Signal Maintenance, Inc. at the quoted price of
$24.59 per intersection per month for a three year period, which
guarantees no more than a 6% annual increase. The motion unani-
mously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Lacayo,
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Evans
MacLain,
Rowan & ttudson
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Council Minutes August 28, 1978
CONSIDERATION OF A REPORT FROM MAYOR HUDSON RE: MEETING OF WESTERN
ORANGE COUNTY CITIES' MAYORS: Mayor Hudson stated reports were
transmitted to the Council on liability insurance coverage and on
the Police Chiefs' meeting held to evaluate common areas of needs
and services. Mayor IIudson reported that the Mayors were consid-
ering cooperative efforts in many areas which included cities con-
tracting with each other for services. The Mayors requested that
the Public Works Directors of cities meet to review possible areas
of cooperation. Ile stated the Mayors will continue to meet the
third Saturday of each month and he felt it would be appropriate
for one Councilmember to participate in the meetings on a rotating
basis.
CONSIDERATION OF PROPOSED BY-LAW CHANGES FOR THE NATIONAL LEAGUE
OF CITIES: The City Manager presented a report dated August 24
which transmitted the proposed by-law changes.
It was moved by Councilman Lacayo, seconded by Councilman Rowan
and unanimously carried that the Council support Changes A, B
and D and oppose C.
CONSIDERATION OF DESIGNATION OF VOTING DELEGATE AND ALTERNATE
FOR THE ANNUAL CONFERENCE OF THE LEAGUE OF CALIFORNIA CITIES:
The City Manager presented a report dated August 24.
It was moved by Councilman Lacayo, seconded by Councilman Rowan
and unanimously carried to name Councilwoman MacLain as the voting
delegate and Mayor Hudson as the alternate for the annua~ l,eague
Conference to be held September 26.
CONSIDERATION OF AGREEMENT BETWEEN JOHN D. LUSK & SONS, INC. AND
THE CITY OF CYPRESS FOR UNDERGROUNDING OF UTILITIES ON KATELLA
AVENUE BETWEEN KNOTT AND VALLEY VIEW STREET: The Clty Manager
presented a report from the Public Works Director dated August 24.
The staff reported that the agreement implements the Counc]l's
previous approval to underground the utilities and stipulates that
Cypress' financial involvement will not exceed $60,000.
It was moved by Councilman Lacayo and seconded by Councilwoman
MacLain to authorize execution of the agreement with John 1). Lusk
and Sons, Inc. by the Mayor with attest by the City Clerk. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Lacayo,
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Evans
MacLain, Rowan
& liud son
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was
moved by Councilwoman MacLain and seconded by Councilman Lacayo
to approve the Warrant List for Warrants #49878 through #49993
in the total amount of $205,284.64. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Lacayo,
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Evans
MacLain, Rowan
& ttudson
SECOND READING OF ORDINANCE AMENDING CITY CODE RELATING TO SUB-
DIVISION IMPROVEMENT SECURITIES: It was moved by Councilwoman
MaeLain and seconded by Councilman Lacayo to order the following
Ordinance read by title only, title as follows, and to adopt the
Ordinance:
ORDINANCE NO. 630
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING SUBSECTION (c) OF SECTION
25-40 OF THE CYPRESS CITY CODE RELATING TO
SUBDIVISION IMPROVEMENT SECURITIES.
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City Council Minutes August 28, 1978
The motion unanimously carried by the following roil cal! vote:
AYES: 4 COUNCILMEMBERS: Lacayo,
NOES: 0 COHNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Evans
MacLain, Rowan & Iludson
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL
WARRANT LIST: It was moved by Councilman Lacayo and seconded by
Councilwoman MacLain to approve the District Warrant List for
Warrants #8297 through #8359 in the total amount of $37,717.50.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Lacayo,
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Evans
MacLain, Rowan & ttudson
Counci!man Rowan requested that an item
regarding information on a breakdown oF
salary ranges and that this material be
be added to the agenda
employee salaries and
included with the budget.
It was moved by Councilman Rowan, seconded by Councilwoman MacLain
and unanimously carried to add this matter to the agenda and to
include the material on the breakdown of salaries and salary ranges
in the budget review process.
The City Manager requested that an item be added to the agenda
regarding Senate Bill 1082 which proposes to give the Little
Hoover Commission legislative powers over cities.
It was moved by Councilman Rowan, seconded by Councilwoman MacLain
and unanimously carried that the Council go on record in opposition
to SB 1082 and to notify the appropriate agencies of this position.
The City Manager reported that the staff received a request for
use of the City Council Chambers for church services on Sunday
morning. The Council directed staff to investigate and report
back on the matter of leasing government facilities to private groups.
ORAL COMMUNICATIONS: Mr. Joe Hardcastle, 4588 Blanca Drive, re-
ported on a problem relating to the fence height around his swim-
ming pool. He reported a five-foot-high fence is required around
the pool and that his neighbor installed a pool and raised the
grade on his property which made his own fence four feet in height.
He felt the ordinance should be changed to require that the neigh-
bor raise the fence and restore his privacy°
The Council directed the staff to investigate the problem and then
refer it to the Planning Commission after getting an opinion from
the City Attorney.
EXECUTIVE SESSION: Mayor Hudson called an Executive Session a.t
8:38 p.m, for matters of litigation. The meeting was called back
to order at 8:50 p.m. with Councilwoman Evans absent.
ADJOURNMENT: Mayor Hudson adjourned the meeting at 8:50 p.m. to
Tuesday, September 5 at 8:00 p.m. at the Cypress Community Center
for a joint meeting witb the Recreation and Park Commission and
sports leagues.
ATTEST:
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MAYOR OF THE/CITY OF CYPRESS ~'
/
CITY CLERK~ OF THE CITY OF CYPRESS
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