Minutes 79-07-23MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
July 23, 1979
The regular meeting of the Cypress City Council was called to order at 6:40 p.m.
on Monday, July 23, 1979 in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Howard Rowan presiding.
PRESENT:
ABSENT:
Councilmembers Lacayo, MacLain and Rowan
Councilmembers Evans and Hudson
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City
Attorney, and the following City staff members: Bryant, Davenport, Duke, Lamm,
Powell and Schatzeder.
PLEDGE OF ALLEGIANCE: The City Attorney led the pledge to the flag.
ORAL COMMUNICATIONS: Mayor Rowan asked if anyone wished to speak in regard to
any matter which was not on the agenda.
Mrs. Geraldine Smith, 5805 Wellson Drive, Cypress, commended the quick response
of the Cypress Paramedics in recently providing 100 pints of blood and felt tbc~ir
service was excellent. She also reported that sbe had an opportunity to speak
to Police Officer Jeff Haas whom she felt has an excellent rapport with the
youth of the community and she felt he and the Police Department should be
applauded. Mrs. Smitb reported she is serving as a co-chairwoman of Bas-Bloc,
an anti-bussing group, which will hold a meeting on August 2 at 7:30 p,m. at
Arnold School, to discuss Los Angeles County's desegregation program and state
and federal action in the area of bussing. She reported that bussing is propose<l
for Cypress in 1982 or sooner. She urged the Councl] to familiarize themselves
on the bussing issue before it becomes a reality for Orange County. She stated
bussing would eliminate after-school extra-curricular activities because of
the time consuming bus ride.
Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, stated he protested the
initiation of the four-ten work plan for City Itall employees and he felt
be discontinued as soon as possible. He felt the plan was an inconvenience
City employees and to Cypress residents who may want to visit City ~la]l to
plete business before the weekend. He felt ten hours a day was too long
employees to work productively, and be questioned tile savings which wo[~l(]
to the City. Mr. Mullen also inqnired about the difference in the 1979-80
projected revenues in the City budget from the 1977-78 revenues, and be ask~?(l
why State bail-out funds were not shown for the 1978-79 fiscal year. The st;~t,
explained that the difference in revenues was primarily due to the f]u('tuatio~
of sales tax revenue from the Texaco tank farm sales. The staff also
that the bail-out funds were not included in the budget because of the
of the State's requirements regarding surplus and reserve funds. They indi(ra~,~'~l
that a recent bill to clarify bail-out funds was vetoed by the Coverner and
the regulations pertaining to these funds are still uncertain.
Mr. Lou Santo, 4597 Everest Circle, Cypress, asked that the Council consider
fireworks controls before the next fourth of July because of the rash of fires
which occurred in the City over this past fourth of July. Mayor Rowan stated
this item would be discussed after the public hearings.
Mrs. Rose McHugh, 5431 Cynthia Circle, Cypress, inquired [iow the ball amount
set for the fine for parking on street sweeping days and how the revenue 5s
expended. She suggested that the revenue be used for police and firemen's
pension funds. She stated she supported the parking prohibition on sweeping days.
The staff reported that the fine is determined by the recommendation of a county-
wide citizens committee which establishes bail amounts and most parking fines
throughout the county are $10. Staff reported that 2/3 of the amount goes to
the City and 1/3 goes to the county and state. They indicated that the funds
go into the City's General Fund and therefore indirectly a portion would go int~
the Police pension fund. Mrs. McHugh also expressed concern over the financial
responsibilities associated witb moped riding, such as the requirement for
driver's education.
City Council Minutes July 23, 1979
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, inqeired about the status of
staff's study regarding the riding of mopeds on the San Gabriel River bicycle
trail. The Council advised him that this matter was Item #19 on the agenda.
PRESENTATIONS: Mr. John Eager of the We Tip (We Turn in Pushers) organization
described the activities of the group which he reported started as an anti-drug
traffic effort but now includes work to combat arson and gang violence. He
presented two posters on arson and gang violence which will be published and
distributed by the Cypress Kiwanis Club to all businesses in the City along with
a brochure describing the We Tip organization. Mr. Eager stated they were re-
questing $500 from the City which would go into their reward fund. Mayor Rowan
stated the request for funding would be placed on a future agenda for considera-
tion by a full Council.
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. GARY JOHNSON, D.B.A.
FREE ENTERPRIZE~ 3627 W. 104th STREET, INGLEWOOD~ CALIFORNIA: Mayor Rowan
opened the public hearing and asked for the staff report.
The City Manager presented a report dated July 19 indicating the application was
for the door-to-door solicitation of candy sales. The Police Department's inves-
tigation found that the company employs minors which is in violation of the Labor
Code and, therefore, the Police Department recommended denial of the application.
Mayor Rowan asked if the applicant wished to speak.
Mr. Gary Johnson, 3627 West 104th Street, Inglewood, the applicant, stated he
owns Free Enterprize and they wish to sell candy door-to-door. He reported be
has a license in the Cities of Los Alamitos and Whittier. Mr. Johnson reported
that three of his seven employees are under sixteen years of age. He indicated
he would comply with the Labor Code provisions.
Mayor Rowan asked if anyone wished to speak in support of the application. No
one wished to speak in support. The Mayor asked if there were any speakers in
opposition.
Mr. Lou Santo, 4597 Everest, Cypress, stated that Cypress yonth sports leagues
will soon start their annual candy sales throughout the City as a fund raiser
and solicitation by Free Enterprize would create competition for Cypress youths.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated he objected to solicitation
by persons living outside Cypress and he felt the solicitors would be difficult
to control. He felt persons might be misled that this is a charitable organiza-
tion. He expressed concerns regarding possible burglaries and merchandise other
than candy being sold.
Mr. Johnson stated that he supervises his employees and they would not be in-
volved in burglaries, and no other products other than candy would be sold.
It was moved by Councilwoman MacLain and seconded by Mayor Rowan to close the
public hearing and deny the application for a special permit filed by Mr. Gary
Johnson on behalf of Free Enterprize subject to the finding that the operation
of the business, in accordance with Section 15-62 of the Cypress City Code,
would not comport with the peace, health, safety, convenience, good morals and
general welfare of the public based on the evidence that the business would
involve a violation of the State Labor Code. The motion unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
0 COUNCILMEMBERS:
2 COUNCILMEMBERS:
Lacayo, MacLain & Rowan
None
Evans & Hudson
PUBLIC HEARING RE: REVIEW OF AMENDMENT TO CONDITIONAL USE PERMIT NO. 77-14~
MACHO TACO RESTAURANT~ 5981 ORANGE AVENUE: Mayor Rowan opened the public hearing
and asked for the staff report.
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City~Fil Minutes July 23, 1979
The City Manager presented a report from the Planning Director dated July 17
indicating that the City Council approved an amendment to C.U.P. #77-14 on
April 9, 1979 to allow the 24-hour operation of the restaurant, seven days a
week, subject to the condition that the 24-hour operation would be reviewed in
90 days at a public hearing. Staff reported that the applicant has not initiated
the 24-hour operation and does not intend to do so for several months, due to
a lower trade level than anticipated. Staff recon~ended that the Council extend
approval of the amendment to C.U.P. #77-14, not to exceed 90 days from implemen-
tation of the extended 24-hour restaurant operation, and that the property owner
comply with Condition #1 of the amendment pertaining to relocation of the drive-
thru speaker intercom.
Mayor Rowan asked if anyone wished to speak in regard to this matter.
Mr. T. Maki, 5971 Orange Avenue, Cypress, stated a 90-day extension would be
acceptable to him and that he had no complaints about the operation. He stated
there were no problems with litter, noise or lighting, but that he would prefer
the restaurant to continue its schedule of closing at 11:00 p.m.
It was moved by Councilman Lacayo and seconded by Mayor Rowan to close the public
hearing and approve an extension of Amendment to Conditional Use Permit #77-14
not to exceed 90 days from implementation of the extended 24-hour restaurant
operation, subject to the matter being scheduled for a public hearing at tile end
of the 90-day period, and subject to the applicant complying with Condition #1
relating to the amendment. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
0 COUNCILMEMBERS:
2 COUNCILMEMBERS:
Lacayo, MacLain & Rowan
None
Evans & Hudson
RECESS: Mayor Rowan called a recess at 7:40 p.m. The meeting was called ba~k
to order at 7:47 p.m. with Councilmembers Evans and Hudson absent.
MINUTES: It was moved by Councilwoman MacLa~n, seconded by Councilman Lacayo
and unanimously carried to approve the minutes of June 25, July 2 and July 9.
The Council held brief discussion regarding the annual League of California
Cities conference and Councilman Lacayo recommended that Councilmembers' expenses
prior to Saturday, September 22 should be borne by tile individual Councilmembers.
Ne requested that this matter be scheduled as an agenda item for fnrther Council
discussion.
STAFF REPORTS & DISCUSSION: The City M~nager requested an Executive Session to
discuss matters of personnel and litigation.
In regard to Public Hearing #34 concerning the application for a special permit
by Free Enterprize, Mr. Gary Johnson, the applicant, inquired if the application
fee was refundable. Councilman Lacayo stated he discussed this matter with the
applicant during the recess. He asked if an application could be checked by staff
for compliance with the City Code before an applicant pays the fee. He felt
exceptional circumstances existed with this application and he recommended that
the fee be refunded to the applicant. The staff reported that the filing fee is
paid prior to the Police Department's investigation of the application.
It was moved by Councilman Lacayo, seconded by Mayor Rowan and unanimously
carried to approve the refund of tbe $25.00 application fee to Mr. Gary Johnson
on behalf of Free Enterprize.
CONSIDERATION OF AWARD OF CONTRACT FOR THE APPLICATION OF SLURRY SEAL TO VARIOUS
STREETS IN THE CITY - CITY OF CYPRESS PROJECT #8000-90: The City Manager pre-
sented a report from the Public Works Director dated July 19 which outlined the
two bids received and described project costs.
It was moved by Mayor Rowan and seconded by Councilwoman MacLain to determine
that the lowest responsible bidder for Project #8000-90 is Pavement Coatings
Company, P. O. Box 2777, Anaheim, California, and award them the contract for
the application of slurry seal in the amount of $79,744.80. The motion unani-
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City Council Minutes July 23, 1979
mously carried by the following roil call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, MacLain & Rowan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Evans & Hudson
CONSIDERATION OF AWARD OF CONTRACT FOR CIVIC CENTER TENNIS COURT COMPLEX -
335
PROJECT #76-30062: The Recreation and Park Director presented a report dated
July 17 which outlined the four bids received for the tennis court construction
and for the landscaping and irrigation work. Staff reported that approximately
a $3,000 savings resulted from splitting the contract.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to: (1)
award the contract for bid Schedule A for three tennis courts to Leonard South
& Son, Inc., 709 E. Sycamore, Anaheim, California, in the amount of $132,886;
(2) award bid Schedule B, landscaping and irrigation, to California Landscape,
inc., 32136 Miguelito Road, San Juan Capistrano, California, in the amount of
$12,150; (3) allocate an amount not to exceed $62,000 from the 1973 District
Park Bond Issue to be combined with the balance of approximately $84,000 re-
ceived from the 1976 State Park Bond Act to fund the tennis court complex; and
adopt the following Resolutions by title only, titles as follows:
RESOLUTION NO. 2121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROPRIATING CERTAIN RECREATION FACILITY FUNDS PREVIOUSLY
TRBHqSFERRED TO THE PARK BOND PROJECT TO REIMBURSE THE
DISTRICT FOR CONSTRUCTION COSTS RELATED TO THE INSTALLATION
OF TENNIS COURTS AT THE CIVIC CENTER COMPLEX.
RESOLUTION NO. 100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ACTING AS THE EX OFFICIO GOVERNING BOARD OF DIRECTORS
OF THE CYPRESS RECREATION AND PARK DISTRICT, APPROPRIATING
CERTAIN FUNDS RESERVED FOR PARK BOND PROJECTS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
0 COUNCILMEMBERS:
2 COUNCILMEMBERS:
Lacayo, MacLain & Rowan
None
Evans & Hudson
CONSENT CALENDAR: Mayor Rowan 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 listed on the agenda.
Hearing no objections, biayor Rowan removed Item #25, Consideration of Renewal
of Contract for Legal Advertisements, Request for Quotation #7677-84, from the
Consent Calendar and continued the item until the entire Council is present.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve
Items #4 through #33 on the Consent Calendar with the exception of Item #25.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
0 COUNCILMEMBERS:
2 COUNCILMEMBERS:
Lacayo, MacLain & Rowan
None
Evans & Hudson
item #4: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consid-
eration by Title Only and to Waive Further Reading.
Item #5: Consideration of Claims Filed by Charles Elias, Attorney, on Behalf of
Vincent Armond and James Timothy Pigneri.
Recommendation: That the City Council officially deny the subject claims and
refer them to the City's Claim Adjuster, Carl Warren & Company, for appropriate
disposition.
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336
City Council Minutes
July 23, 1979
Item #6: Consideration of Joint Employment List - Maintenance Worker I and
Park Maintenance Worker I.
Recommendation: That the City Council certify the joint employment list for the
positions of Maintenance Worker I and Park Maintenance Worker I as submitted.
Item #7: Consideration of Employment List - Clerk Typist.
Recommendation: That the City Council certify the employment list for the
position of Clerk Typist as submitted.
Item #8: Consideration of Fiscal Year 1979/80 Arterial Highway Financing Pro-
gram Administration Agreement, Holder Street at S.P.R.R. Crossing Between
Cerritos Avenue and Katella Avenue, City of Cypress Project #7844-90-0993.
Recommendation: That the City Council approve the Administration Agreement
for A.H.F.P. Project #7844-90-0993, Holder Street at S.P.R.R. Crossing between
Cerritos Avenue and Katella Avenue, and authorize the Mayor to sign the Agree-
ment and the City Clerk to attest.
Item #9: Consideration of Plans and Specifications and Authorization to Adver-
tise for Bids on Holder Street at S.P.RoR. Crossing Between Cerritos Avenue and
Katella Avenue, City of Cypress Project #7844-90-0993.
Recommendation: That the City Council approve the Plans and Specifications for
improvement of Holder Street at S.P.R.R. Crossing between Cerritos Avenue and
Katella Avenue, Project #7844-90-0993, and authorize the City Clerk to advertise
for bids with bld opening date to be set after receipt of approval from the
County of Orange.
Item #10: Consideration of Acceptance of Final Tract Map #10560 (Valley View
Street, West Side, at Lakeshore Drive).
Recommendation: That the City Council approve Final Tract Map #10560 and accept
the bonds for public improvements in the amount of $174,550.00, which is not
less tban 50% nor more than 100% of the total improvements and authorize the
City Clerk to sign the record map.
Item #11: Consideration of State of California Inspection Fees, Lincoln Avenue
Medians from Bloomfield Street to Denni Street, City Project #7022-10.
Recommendation: That the City Council authorize a budget transfer from the
Gas Tax (2106) Fund and appropriate $1,364.75 from the fund balance of the Gas
Tax (2106) Fund to Account #10-4186-520.27 to pay State inspection cost on
Lincoln Avenue.
Item #12: Consideration for the Public Works Department Maintenance Division
to Pave Camp Street, West of Moody Street, Portion of Tract #6559.
Recommendation: That the City Council: (1) authorize a budget transfer from
the General Fund and appropriate $4,500.00 from the fund balance of tbe General
Fund to Account #10-411-212.07, and (2) authorize the Public Works Maintenance
Division to pave the south side of Camp Street, west of Moody Street.
Item #13: Consideration of Proposal to Audit Revenue Sharing Funds.
Recommendation: That the City Council accept the proposal from Jamieson and
Watkins and select them to complete the audit of the City's Revenue Sharing
Program.
Item #14: Consideration of Acceptance of Final Parcel Map RST 9399, City Pro-
ject #8006-10, Annexation 79-1 (N/W Corner of Lincoln Avenue and Moody Street).
Recommendation: That the City Council approve Final Parcel Map RST 9399 and
authorize the City Clerk to sign the record map, subject to the exception as
indicated in the staff report dated July 17.
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C~ty Council Minutes July 23, 1979
Item #15: Consideration of Application for Waiver of Admission Tax, St.'-~'~Joh~[~-~~'~
the Baptist Greek Orthodox Church of Orange County.
Recommendation: That the City Council waive the admission tax requirements and
ail other fees for the St. John the Baptist Greek Orthodox Church of Orange
County in connection with their festival to be held on September 8 and 9, 1979,
at the Los Alamitos Race Course. This action by the City Council of waiving
fees in no way excludes or excuses compliance with the requirements of the
State Department of Alcoholic Beverage Control or compliance with the provisions
of Section 13 of the Zoning Ordinance which would require the applicants to
obtain a special use permit, at no fee, from the Planning Department.
Item #16: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Mr. Charles Bush, Jr., DBA Casa Buena Restaurants, Inc.,
4300 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item #17: Consideration of Financial Statement of the Cypress Recreation and
Park District for the Fiscal Year Ended June 30, 1978.
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
subject financial statement.
Item #18: Consideration of a Communication from Mrs. Jean Cooley Requesting
City Council's Support for the Cypress Centurion Marching Band and Drill Team
Booster Club's Run-a-Thon.
Recommendation: That the City Council support the concept of the Run-a-Thon
as ootlined in the communication from Mrs. Cooley and authorize the staff to
~ooperate with the Cypress Centurion Marching Band and Drill Team Booster Club
in coordinating this event.
Item #19: Consideration of Report on the Use of the San Gabriel River Bike
Trail by Mopeds.
Recommendation: Receive and file.
item #20: Consideration of a Resolution from the City of Buena Park Supporting
the League of California Cities' Position on the Allocation of Tax Revenues to
Cities.
Recommendation: Receive and file.
Item #21: Consideration of a Resolution from the City of Fountain Valley Sup-
porting the Orange County Youth Exposition.
Recormmendation: That the City Council authorize the Mayor to send a letter
of support of the second Orange County Youth Exposition to the Fountain Valley
and Garden Grove Youth Commissions.
Item #22: Consideration of a Request to Use the Council Chambers Plaza for
a Wedding Reception.
Recommendation: That the City Council authorize the use of the Council Chambers
plaza area for a wedding reception for Ms. Crystal Whitmore on Saturday, Septem-
ber 8, 1979, from 3:30 to 6:30 p.m., subject to the conditions as outlined in
the staff report dated July 17.
Item #23: Consideration of the City Manager's Vacation Request.
Recommendation: That the City Council authorize the City Manager's vacation
from August 6 to 16, 1979.
Item #24: Consideration of Safety Incentive Award Program.
Recommendation: That the City Council authorize staff to implement the Safety
Incentive Award Program as outlined in the staff report dated July 18.
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~ouncil Minutes July 23, 1979
Item #26: Consideration of Authorization to Employ Mechanical Engineer to
Design "Economizer" System, Project #7743-90.
Recommendation: That the City Council approve the award of contract to provide
mechanical and electrical engineering for the "Economizer" at the Cypress City
Hall to William Ishii & Associates, Inc., 4134 Atlantic Avenue, Long Beach,
California, for a fixed fee of $2,000.00.
Item #27: Consideration of Authorization to Employ a Traffic Engineer Part-
time for Traffic Signal Design.
Recommendation: That the City Council authorize the employment of a professional
Traffic Engineer from the firm of Linscott, Law and Greenspan, Inc., for the
work described in the staff report dated July 18 for a total amount not to
exceed $3,200.00.
Item #28: Consideration of Brochure Advertising Rate Discounts.
Recommendation: That the City Council, acting as the ex officio governing Board
of Directors of the Cypress Recreation and Park District, approve the advertising
rate discounts as recommended.
Item #29: Consideration of New 1979 Fall Programs.
Recommendation: That the City Council, acting as the ex officio governing Board
of Directors of the Cypress Recreation and Park District, accept the Recreation
and Community Services Commission's recommendation and approve the proposed new
1979 fall programs, fees and fee changes.
Item #30: Consideration of Proposed Position Classification and Compensation
Plan Amendments.
Reco,~endation: That the City Council adopt the following Resolutions by title
only, titles as follows, amending the Position Classification and Compensation
Plans as outlined in the staff report dated July 17:
RESOLUTION NO. 2122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION NO. 2058 ESTABLISHING SALARIES FOR
CITY EMPLOYEES DESIGNATED AS MANAGEMENT PERSONNEL.
RESOLUTION NO. 2123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION NO. 2089, BASIC COMPENSATION PLAN,
SECTIONS 3, 4 AND 5, CONCERNING SALARIES ESTABLISHED
FOR CITY EMPLOYEES PLACED UNDER THE BASIC COMPENSATION
PLAN; AND SEASONAL EMPLOYEES NOT PLACED UNDER THE BASIC
COMPENSATION PLAN.
RESOLUTION NO. 2124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDINC RESOLUTION NO. 975 BY ADDING CERTAIN CLASS
SPECIFICATIONS TO THE POSITION CLASSIFICATION PLAN FOR
EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS.
Item #31: Consideration of Resolution for the Visiting German Youth Soccer Team.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows, welcoming the visiting German Youth Soccer Team:
RESOLUTION NO. 2125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPPORTING THE VISITING GERMAN YOUTH SOCCER TEAM.
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City Council Minutes
Item #32: Consideration of Acceptance of Final Parcel Map #79-1112 (Lincol~
Avenue (5311), North Side, West of Watson Street).
Recommendation: That the City Council approve Final Parcel Map #79-1112 and
authorize the City Clerk to sign the record map.
Item #33: Consideration of Legislative Bulletins #25 - 28 from the League of
California Cities Dated June 22, June 29, July 6 and July 13, 1979.
Recommendation: That the City Council authorize staff to prepare communications
for the Mayor's signature in support of SB 823 (Stock Cooperative Conversions)
and in opposition to AB 1930 (Excessive Governmental Regulations) to the
appropriate State Legislators.
CONSIDERATION OF REAPPOINTMENT OF MR. FRANK LEE TO THE ORANGE COUNTY HEAL~!
PLANNING COUNCIL'S ASSEMBLY OF DELEGATES: The City Manager presented a report
regarding this matter dated July 19.
It was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unani-
mously carried to continue this item until the entire Council is present.
CONSIDERATION OF PROPOSED RESOLUTION RE: THE RECALL PROCESS: The City Manager
presented a report dated July 19 which transmitted a resolution to be considered
at the annual League of California Cities conference. Mayor Rowan spoke in
support of the resolution and felt it was not an attempt to restrict the recall
process but was to provide clarification of the process by setting a timeframe
for the period in which to file an official recall petition.
It was moved by Mayor Rowan and seconded by Councilwoman to adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 2126
A RESOLUTION OF THE CITY COUNCIL OF THE CI~f OF CYPRESS
ENCOURAGING LEGISLATION TO ENSURE REASONABLE TIME LIMITS
BETWEEN EACH STEP OF THE RECALL PROCESS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
0 COUNCILMEMBERS:
2 COUNCILMEMBERS:
Lacayo, MacLain & Rowan
None
Evans & Hudson
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was moved bv Council-
man Lacayo and seconded by Councilwoman MacLain to approve the Warrant~Lists for
Warrants #52472 through #52690 in the total amount of $1,000,220.17. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
0 COUNCILMEMBERS:
2 COUNCILMEMBERS:
Lacayo, MacLain & Rowan
None
Evans & Hudson
SECOND READING OF ORDINANCE RE: PERMITS FOR WORK IN PUBLIC RIGHTS-OF-WAY: It
was moved by Councilman Lacayo and seconded by Mayor Rowan to order the following
Ordinance read by title only, title as follows, and to adopt the Ordinance:
ORDINANCE NO. 646
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 24-8(d) OF THE CYPRESS CITY CODE
RELATING TO PERMITS FOR WORK IN PUBLIC RIGHTS-OF-WAY.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, MacLain & Rowan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Evans & Hudson
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City ~ouncil Minutes July 23, 1979
CONSIDE~ OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT
LISTS: Acting as the ex officio Board of Directors of the Cypress Recreation
and Park District, it was moved by Councilman Lacayo and seconded by Council-
woman MacLain to approve the District Warrant Lists for Warrants #9352 through
#9454 in the total amount of $167,759.41. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILI~EMBERS:
0 COUNCILMEMBERS:
2 COUNCILMEMBERS:
Lacayo, MacLain & Rowan
None
Evans & Hudson
ORAL COM>~NICATIONS: Mr. Lou Santo, 4597 Everest Circle, Cypress, reported
that the Executive Board of the Cypress Citizens' Association at a recent meeting
discussed the problem of fireworks related fires which occurred over this past
fourth of July holiday and they unanimously agreed to take a stand for the con-
trol of the use and sale of fireworks. He reported they conducted a telephone
sampling of 44 families in Cypress and found that 80% felt action was necessary
to minimize the threat of fires caused by fireworks including a possible prohibi-
tion on their sale. He felt if this sampling is representative of the rest of
the community, the Council should initiate proceedings to enact an ordinance
concerning the sale and use of fireworks. Mr. Santo requested the Council's
consideration of this matter.
Councilman Lacayo felt this was a county-wide problem and he suggested that
the Council bring this matter before the Orange County Division of the League to
discuss other cities' attitudes on fireworks. He stated he would favor consid-
ering an ordinance for control of fireworks and he felt the problem was caused by
bottle rockets and other illegal fireworks. He felt if Cypress was the only
city with a prohibition it would be difficult to enforce, since fireworks could
be obtained elsewhere.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, presented the Council with photo-
graphs of two residential fires which were caused by fireworks over this fourth
of July. Mr. Hardcastle discussed fire fighting methods and stated the Fire
Department is unjustly criticized because the public does not understand these
methods. He stated the firemen's primary attempts are to save the contents of
homes, which is why a roof fire may be left burning. He felt the City should
publicize the firefighting methods to educate the public. Mr. Hardcastle felt
the fire danger was caused by homemade fireworks made from pieces of legal fire-
works. He suggested that the use of fireworks be prohibited as a misdemeanor so
that the City can prosecute violators.
Mr. Lou Santo asked to what extent are parents of minors financially responsible
for damage they cause with fireworks. The City Attorney stated parents would
not be held responsible unless there was a demonstration of negligent conduct
by the parents themselves, and a change in this law would have to be made at the
State level. He stated City regulations prevent fireworks from being sold to
minors. Mr. Santo felt the problem was caused by illegal fireworks and he stated
he would oppose a ban on all fireworks and felt it would be impossible to enforce
by the Police Department. He suggested a public awareness program at the county
or state level during the fourth of July holiday to warn the public about the
dangers of fireworks.
Mrs. Rose McHugh expressed support for the Tri-Cities Fire Department.
The Council agreed to have the staff conduct a survey of other cities to deter-
mine their fireworks regulations.
EXECUTIVE SESSION: Mayor Rowan called an Executive Session at 8:37 p.m. to
discuss matters of personnel and litigation. The meeting was called back to
order at 9:20 p.m. with Councilmembers Evans and Hudson absent.
ADJOURNMENT: It was moved by Councilwoman MacLain, seconded by Councilman
Lacayo and unanimously carried to adjourn the meeting at 9:23
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ATTEST: