Minutes 79-08-13341
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
August 13, 1979
The regular meeting of the Cypress City Council was called to order at 6:34 p.m.
on Monday, August 13, 1979 in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Howard Rowan presiding.
PRESENT:
ABSENT:
Councilmembers Evans, Hudson and Rowan
Councilmembers Lacayo and MacLain
Also present were Acting City Mmnager Dennis Davenport, City Attorney John Murphy,
and the following City staff members: Barrett, Bryant, Dalesandro, Duke, Lamm and
Powell.
PLEDGE OF ALLEGIANCE: Mr. Dalesandro 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. No one wished to speak.
COUNCILMAN LACAYO ARRIVED AT 6:35 P.M.
MINUTES: Mr. Davenport noted a correction on page four of the July 23 minutes
concerning the award of contract for the tennis court complex and stated the
minutes should reflect the 1973 District Park Bond Issue, not 1976.
It was moved by Councilman Lacayo, seconded by Mayor Rowan and carried, with
Counci]members Evans and Hudson abstaining, to approve the July 23 minutes as
corrected.
STAFF REPORTS & DISCUSSION: Councilman Hudson requested that two items be added
to the agenda regarding the Los Alamitos Armed Forces Reserve Center petition
drive and regarding the Santa ~aa River Flood Protection Project.
Mayor Rowan reported that at the meeting he attended organized by Supervisor
Wieder regarding the Los Alamitos airport, cities were instructed to follow the
lead of Seal Beach in preparing a petition. He indicated that a petition was
prepared for Cypress which differed from the others only in that it conformed to
the City's petition ordinance. He reported a copy was given to Mr. Richard Partin
who volunteered to head the drive in the south part of the City, and no further
action has been taken. Councilman Hudson stated that SCAG's removal of Los Alamitos
as a potential commercial airport site only represented a setting aside of the issue
for reconsideration in the future. He recommended that the City attempt to obtain
the maximum number of signatures on the petition of persons affected by the airport
to reflect the City's interest and position. He felt that since the petition was
not qualifying for the ballot, the only requirement for petition signers should
be their knowledge of the issue and sense of responsibility with regard to the
airport.
It was moved by Councilman Hudson and seconded by Councilman Lacayo that the City
initiate and support a petition drive and attempt to obtain as many signatures
as possible and, further, issue press releases advising the residents that the
City will be conducting the petition drive relative to the Los Alamitos airport.
Councilman Hudson also recommended that the Councilmembers obtain a copy of the
petition for their own use. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCIL~fEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, Lacayo & Rowan
None
MacLain
City~o~a~Ycil Minutes August 13, 1979
Councilman Hudson presented a status report on tbe Santa Aha River Flood Protec-
tion Project and reported that a bill introduced by Congressman Lewis of San
Bernardino County and Congressman Patterson of Orange County, and one being
released into committee on September 5 by Senator Cranston would move the project
ahead by two years. Be reported that Senator Cranston's bill calls for the old
formula of payment instead of the President's water policy and therefore the local
jurisdictions' share would be $100 million, not $280 million. He indicated there
would bc full funding through the end of the contract up to actual constructiot~.
Councilman Hudson reported that the Cranston bill removes the obligation for the
State to provide assurances that the $100 mil]ion of local funds will be available.
before going to Congress. He reported that the report back to Congress wi~I he
made by October of 1980, then construction will commence.
Mr. Davenport requested that an item be added to the agenda regarding a Recreation
activities brochure fee change. Mayor Rowan added this matter as Item #28. Mr.
Davenport also requested an Executive Session for matters of personnel.
Mayor Rowan distributed copies of a letter from Supervisor Miller to the Council
and requested that the matter be placed on the next agenda for discussion. Mayor
Rowan also read a July 27 letter from Mrs. Rowe, a resident of Huntington Beach,
who commended Cypress Police Officer John Schaefer for bis diligent and personal
efforts in recovering bet daughter's stolen bicycle.
(]ONS II/ERATION OF AWARD OF CONTRACT FOR SURVEY FOR THE DESIGN OF WALKER STREET
STORM DRAIN, PROJECT //7532-20: Mr. Davenport presented a report from tbe Publi~
Works Director dated ,July 30 which outlined the two bids received.
It wa~ ~oved by Councilwoman Ewms and seconded by Mayor Rowan to determine that
)uc:a ._p, McCoy, ~840 East Coast Highway, Corona del Mar, California, is the !owe
r~sponsible bidder and ~ward them the contract for the topographic survey for th~,
~si~n , i the Walker Street Storm Drain, Prn]ect J~7532-20, per Proposa] "A",
the amount of $7,000.00. ]'he motion unanimously carried by the following
x~i S: 4 COUNCILMEMBERS: Evans, Hudsnn, I,acayo & Rowan
;O!S: 0 COIINC1LMEMBE RS: None
AIlmENT: ] COUNCILMEMBI~iRS: .... lacLatn'
CJ)N~ENT ~ALENI)_A_R_: Mayor Rowan announced that all items listed on tbe agenda und~
Loosen,' Calendar" were to be considered hy the Council as routine and en,~cted
one mot!on approving the recommendations listed on the agenda. Hayer Rewire
quired :bout Item ~6 concerning the Building Superintendent's attendance at the
$263. !'ayor Rowan felt theft since the conference would be a worthwhi]e
It wns moved by Coun(tihnan Lacayo and seconded by, Councilman lludson to approw'
terns til through ~14 on the Consent Calendar with the exception of Items
~aiS. 'f ~, motion unanimously carried by the lo[lowing r~)ll call vote:
AY}S: 4 COUNCILMEMBERS: Evans, Hudson, hacayo & Rowan
N()[ S: 0 (.OUNCILMEMBERS None
ABSENT: ] COUNC[LPfEMBERS: MacLain
-.t~te. m_ ff_~: Motion to Introduce and/or Adopt A]i Ordinances Presented for Consid-
~ ',-a~ !,t ~-,, Title Only and to Waive Eurther Reading.
t_e.i~ *i :on~ideration of an Application for an Original Alcoholic Beverage
,~ ,*f Jvpe 41 On Sale Beer and Wine, Filed hv Mr. Robert Juil-lin Fan of the
,~ ! ;estment Corporation, DBA Chinese M;mdarine Restaurant, 9927 Walker
Recommendation: That tbe City CounciI receive and file this application, subject
to the condition that the applicant obtain a conditional use permit.
348
~,ObN(.tLWOMAN MACI, A[N ARRIVED AT 7:00
stay up L.J date on important issues which in tile long run will benefit the weLlTare
el the City. Sine felt the travel pollcy in Cypress )lad not been abused.
Rowan felt that [f the conference wns determined to be worthwhile then the CLty
should pa.' the travel expense which, in this case, he felt was reasonable and
[t was m(w.d by Mayor Rowan and seconded by Councilman Hudson to authorize ~[lc
Building Superintendent t.o attend the [CBO Conference in Ant:borage, Alask~t m
September ]6-21, 1979, subject to reimbursement for ali expenses. The motion
carried by the l ollowing roi [ call vote:
\Yt%~: 5 (,OLINLILMEMBLR, Evans Hudson, NacLain & Rowan
N£)E5: ] COI~NC II,MEMBERS: Lac~Wo
,XBSF N'I: 0 COIINC 11,MEMBERS: None
In re:zard t:o !tern ~,al5 on the Con~ent Calendar, Consideration of Possible
euancp el Pttb]ic Nuiaanco at 955[ Ho[der Street, Cypress, Mayor Rowan
tLon [h:~t mighl ;~ris~' which p:esc, nts a dangler to the pub]it. The City
adopt ltl, Io[[ow[ug t{,:~olution by title, only, Litle as £ollows, findin~,,
[,q{SOIAI'i'iON NO. 2127
,\ IU 501,[1] ION OF IHI; CI I'Y COUNCIL OF THE CIFY OF CYPRESS
i,'lNlilN(; TliAT (:t R['AIN PP, EMISES WITHLN THE CITY OF CYPRESS
HA1 [~I: ~51NTAiNF, i) IN ?;[CiI A WAY AS TO CONSTITUTE A NUISANCE
XNI) DI,i(iI,A}{INC IlS IN['J,,NT TO (]ONI)UCT A PUBLIC HEARIN(',
,',:;Ci RIA[N Whl I'IH.'[~ THE SAHE CONS[T['hTTES A PUBLIC NUISANCE,
lie 51~AI'I:MENT OV WHICII IS APPROPRIATE UNDER THE PROVISIONS
)[' }~ [Cfi i II [U: CIIAPI'}:[: i ~ O[: TllE C~ 7' CODE OF
City Council Minutes August 13, 1979
Councilman Hudson indicated that while he supported the organization, he opposed
a contribution of City funds since the taxpayers support Police protection services
in the City budget. He felt We Tip deserved the support of community groups and
the community at large.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to receive
and file the matter. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
1 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Hudson, Lacayo, MacLain & Rowan
Evans
None
Following further discussion, it was moved by Councilwoman Evans and seconded by
Mayor Rowan that the Council go on record in support of the We Tip organization
and direct staff to solicit support for We Tip by letters to community organiza-
tions and draft a press release on the We Tip organization. The motion unani-
mously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
CONTINUATION OF CONSIDERATION OF RENEWAL OF CONTRACT FOR LEGAL ADVERTISEMENTS,
~REQUEST FOR QUOTATION #7677-84: Mr. Davenport presented a report regarding this
item dated August 7 which transmitted additional data on newspaper circulations.
>Iayor Rowan requested that the staff obtain up to date data on the rates of the
various newspapers and on their adjudication status before the Council awards a
contract. Councilman Hudson felt all local newspapers should be polled for data,
including the Long Beach Press Telegram and Santa Ana Register. He also requested
cost information on publishing legal advertisements in two newspapers, one being
a throw-away type which is delivered to all homes in Cypress such as the Community
Advocate. He felt an evaluation could be made at the end of a year to determine
if the community's response to local affairs has increased with the double
notification.
It was moved by Mayor Rowan and seconded by Councilman Hudson to continue this
item to the next meeting and request that staff prepare a report providing the
information requested by the Council. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
CONTINUATION OF CONSIDERATION OF REAPPOINTMENT OF MR. FRANK LEE TO THE ORANGE
COUNTY HEALTH PLANNING COUNCIL'S ASSEMBLY OF DELEGATES: Mr. Davenport presented
a report dated August 7 indicating this item was continued from the last meeting.
It was moved by Mayor Rowan and seconded by Councilman Lacayo to reconfirm the
appointment of Mr. Frank Lee to the Orange County Health Planning Council Assem-
bly of Delegates and request that he submit to the City Council a suggestion for
an alternate as requested by the Health Planning Council.
Councilwoman Evans felt there should be a review of appointments at their expira-
tion and perhaps a limitation to provide an opportunity for other members of the
community to serve. She requested background information at the time of the next
appointment on the requisites of the Health Planning Council and on the attendance
record and performance of the incumbent appointee.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, inquired about the purpose of the
Health Planning Council and felt there would be more interested candidates if
persons were aware of the activities and commitments of the organization. The
Council advised him that the group acts as a clearing body and makes recommenda-
tions to the County and State on the regulation of hospitals.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
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City Council Minutes August 13, 1979
CONTINUATION OF CONSIDERATION OF REIMBURSEMENT OF CONFERENCE EXPENSES: Mr.
Davenport presented a report dated August 7 which indicated that Councilman
Lacayo requested this matter on the agenda for consideration by the entire Council.
Councilman Lacayo felt that the City received unfavorable publicity due to the
League conference expenses and that the Council could show a responsiveness to
the taxpayers through a policy whereby the City would pay transportation and
lodging costs for conference participants while they would pay their own personal
expenses. Councilman Hudson felt that the question of how to serve the public
best was the important consideration, not adverse newspaper publicity. He felt
that conference expenses could be excessive for individual Councilmembers to
bear and be expressed support for the current policy of City reimbursement for
actual and necessary expenses including transportation. Councilwoman Evans
indicated that she pays the cost of various Council activities and that the
League conference calls for personal expenditures by the Councilmembers. She
felt the conference was a justifiable obligation which was important to the
community.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated members of the community
have expressed concern over conference expenses and he felt the expenses should
be eliminated. He felt the conferences were of benefit to individual Council-
members but not to the public.
Councilman Lacayo moved to approve a policy for conference attendance which would
provide that the City would pay the transportation and lodging expenses for par-
ticipants and the City Council and staff participants would pay their own personal
expenses while attending a conference. The motion was not seconded.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to auth-
orize reimbursement to any Councilmember or staff member who attends a conference
for round-trip transportation at the most economical fare, registration and
lodging during the actual days of the conference. The motion carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
1 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
Lacayo
None
RECESS: Mayor Rowan called a recess at 7:57 p.m. The meeting was called back
to order at 8:15 p.m. with all Councilmembers present.
CONSIDERATION OF LEAGUE OF CALIFORNIA CITIES' PROPOSED BY-LAWS AMENDMENT: Mr.
Davenport presented a report dated August 7 which indicated this matter will be
considered at the August 16 General Meeting. Councilwoman MacLain indicated that
the intent of the proposed change, which reads "the general policy of the League
of California Cities as duly adopted by the Board of Directors and the General
Assembly at the Annual Conference of said League shall become the majority
position of the League of California Cities but shall not be construed to limit
or restrict the activities of the regional divisions", was to avoid problems
encountered at last year's General Assembly of the annual conference where the
General Assembly was locked into a position on a particular issue. She indi-
cated tbat she supported the by-laws change.
It was moved by Councilwoman MacLain and seconded by Councilman Hudson that the
Council go on record in support of the proposed By-Laws change. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILFiEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
None
None
CONSIDERATION OF DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE ANNUAL
CONFERENCE OF THE LEAGUE OF CALIFORNIA CITIES: ~r. Davenport presented a report
dated August 7 indicating the League has requested that the City designate a
voting representative and an alternate for the conference to be held September
22-25, 1979.
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City Council Minutes August 13, 1979
It was moved by Councilman Lacayo and seconded by Councilman Hudson to designate
Councilwoman MacLain as the voting representative and Mayor Rowan as the alternate
for the annual League conference. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, ~cLain & Rowan
None
None
CONSIDERATION OF APPOINTMENT TO THE RECREATION & COMMUNITY SERVICES COMMISSION:
Mr. Davenport presented a report dated August 7 indicating there were three
vacancies on the Commission: one commissioner was ineligible for reappointment,
another was eligible and interested in continuing to serve, and the third com-
missioner was moving out of the City. He indicated that two persons responded
to staff's advertisement for Commission applicants.
The City Council agreed to conduct interviews of the two applicants at 6:00 p.m.
on August 27, allotting 15 minutes for each interview.
CONSIDERATION OF CITIZEN PARTICIPATION COMPONENT OF THE HOUSING ELEFiENT UPDATE:
Mr. Davenport presented a report from the Administrative Coordinating Team dated
August 2 which described a program for citizen participation in updating the
Housing Element of the General Plan.
Councilman Hudson recommended that, because of the importance of the Housing
Element in the way it will guide and control City actions in the area of housing
for a five year period, the City should make a special effort to notify as many
persons in the community as possible of the citizen participation program. He
requested that staff prepare press releases describing the importance of the
Housing Element and the program of citizen participation, lie also recommended
that, in addition to the required public hearing notification, the City have
special announcements published in all local newspapers a week before the public
hearing to gain wider publicity of the program. Councilwoman Evans recommended
that the homeowners' association of Tract #6276 and local parent-teacher organi-
zations be added to the mail-out list seeking citizen participation.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to auth-
orize staff to implement the Citizen Participation Component of the Housing
Element update as outlined in the staff report and that press releases and the
special announcement in newspapers be included as part of the program of noti-
fication. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
CONSIDERATION OF AUTHORIZATION TO SUBMIT PROPOSAL FOR DOE ELECTRIC & HYBRID
VEHICLE DEMONSTRATION GRANT~ CITY OF CYPRESS PROJECT #7855-90: Mr. Davenport
presented a report from the Public Works Director dated August 2 which described
the City's proposal for a Department of Energy Electric and Hybrid Vehicle Demon-
stration Grant. Staff indicated that, following the denial of the first proposal
by the Department of Energy on February 5, 1979, the City was invited to submit
a proposal for a second round Demonstration Grant. Staff indicated the current
proposal was rewritten and included updated cost data. Staff further reported
that a copy of the proposal was forwarded to Congressman Patterson's office to
solicit assistance in advancing the proposal through the Department of Energy.
b~r. Joe Hardcastle, 4588 Blanca Drive, Cypress, expressed his opinion that the
project was a Federal boondoggle and represented a waste of taxpayers' dollars.
He felt evaluative data and statistics were already available on electric vehicles
since they have been in use for some time by handicapped and elderly persons.
Mr. Hardcastle felt efforts should be directed toward developing an economical
and pollution-free source of energy.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to approve
submittal of a proposal to the Department of Energy for fifteen EHV vehicles on
a 90% Federal and 10% City participation basis and authorize the City Manager to
-7-
City Council Minutes August 13, 1979
appoint a Program Manager. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, l~acLain & Rowan
None
None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by
Councilman Lacayo and seconded by Councilwoman MacLain to approve the Warrant
List for Warrants #52691 through #52842 in the total amount of $640,999.95.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, ilacLain & Rowan
None
None
CONTINUATION OF CONSIDERATION OF SENIOR CITIZEN AD HOC COMMITTEE'S RECOMMENDATION:
Mr. Davenport presented a report from the Recreation and Park Director dated
July 25 which described the recommendation of the Senior Citizens' committee for
expansion of the Cypress Community Center to contain a senior citizens'
facility for the sponsored meals and other senior programs.
It was moved by Councilman Hudson, seconded by Councilwoman MacLain and unani-
mously carried that the City Council, acting as the ex officio Board of Directors
of the Cypress Recreation and Park District, schedule a meeting with the Senior
Citizens Ad Hoc Committee, the Recreation and Community Services Commission and
staff on Tuesday, September 11, 1979 at 7:30 p.m. at the Cypress Community Center
to consider the recommendation of the ad hoc committee.
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST:
Acting as the ex officio Board of Directors of the Cypress Recreation and Park
District, it was moved by Councilman Lacayo and seconded by Councilwoman MacLain
to approve the District Warrant List for Warrants #9455 through #9561 in the
total amount of $44,968.45. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
CONSIDERATION OF FEE CHANGE FOR JAZZERCISE CLASS: The Recreation and Park
Director presented a report dated August 13 indicating the fall activities
brochure contained an error in the fee for the Jazzercise class. He reported
the fee would be $13.50, not $18.50.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain that the
City Council, acting as the ex officio Board of Directors of the Cypress Recrea-
tion and Park District, officially change the fee for the Jazzercise class from
$18.50 to $13.50. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
ORAL COMMUNICATIONS: There were no oral communications presented at this time.
EXECUTIVE SESSION: Mayor Rowan called an Executive Session at 8:45 p.m. to
discuss matters of personnel. The meeting was called back to order at 9:36 p.m.
with all Councilmembers present. Mayor Rowan stated the Council had discussed
a matter of personnel and was briefed by the City Attorney on an item of
possible litigation.
The Council held discussion regarding the nominations for second vice president
of the Orange County League. Councilwoman MacLain indicated that her recommenda-
tions, in order, were Councilmen Adler, Welsh and Schwartze. The Council was in
general agreement with the recommendations which will be considered at the
next League meeting.
-8-
349
i [ ~k OF THE C[TT OF CYPRESS