Minutes 79-08-27850
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
August 27, 1979
The regular meeting of the Cypress City Council was called to order at 6:02 p.m.
on Monday, August 27, 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 Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney,
and the following City staff members: Barrett, Duke, Lamm, Powelt and Schatzeder.
PLEDGE OF ALLEGIANCE: Reporter Pam Lincoln of the New Enterprise led the pledge
to the flag and Mr. Robert Eames, Manager of the Chamber of Commerce, led the
invocation.
The City Council conducted an interview of Mrs. Geraldine Smith, an applicant
for the Recreation and Community Services Commission.
COUNCILWOMAN MACLAIN ARRIVED AT 6:30 P.M.
Mayor Rowan announced that the Council had scheduled another interview of an
applicant for the Commission for a future meeting and that this matter would be
continued.
PLEDGE OF ALLEGIANCE: Councilwoman MacLain led the pledge to the flag.
ORAL CO~NICATIONS: Mayor Rowan asked if anyone wished to speak in regard to
any matter not on the agenda. No one wished to speak.
PRESENTATION: Mayor Rowan announced that a presentation by the Lions Club would
be made later in the meeting.
MINUTES: It was moved by Councilman Hudson, seconded by Councilwoman MacLain and
unanimously carried to approve the minutes of August 13, 1979.
STAFF REPORTS & DISCUSSION: Mayor Rowan asked if there were items to add to the
agenda. The City Manager requested an Executive Session to discuss matters of
personnel and litigation, and Mayor Rowan added this matter as Item #27.
CONSIDERATION OF AWARD OF CONTRACT FOR BUS SHELTERS~ BUS PASSENGER SHELTER PROGRAM
UMTA CAPITAL GRANT PROJECT #CA-03-0064~ CITY OF CYPRESS PROJECT #7636-90: The
City Manager presented a report from the Public Works Director dated August 20
which outlined four bids received for bus shelters at eight locations.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to (1)
authorize a budget transfer from the General Fund and appropriate $22,000.00 from
the fund balance of the General Fund to Account #10-4186-575.21, and (2) determine
that the lowest responsible bidder for Project #7636-90 is Community Bus Shelters,
Inc., 47 Heisser Lane, Farmingdale, New York 11735, and award them the contract
in the amount of $16,294.32. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMBMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
CONSIDERATION OF AWARD OF CONTRACT FOR ONE STAGE PRODUCTION LIGHTING SYSTEM+
REQUEST FOR QUOTATION #7980-04RP: The City Manager presented a report from the
Finance Director dated August 22 outlining three bids received. Due to the fact
that the apparent low bidder had submitted a bid which included reconditioned
equipment, and the specifications did not address reconditioned equipment,
Councilman Hudson recommended that the bids be rejected and the contract readver-
tised to provide all bidders with the option of bidding on reconditioned equipment.
City Council Minutes August 27, {~ 85I
It was moved by Councilman Hudson and seconded by Mayor Rowan to reject all bids
and readvertise for the stage production lighting system with the specifications
to provide the options of new or reconditioned equipment. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
CONSIDERATION OF AWARD OF CONTRACT FOR ONE STANDARD AUTOMOBILE, REQUEST FOR qUOTA-
TION #7980-07: The City Manager presented a report from the Finance Director dated
August 23 which outlined four bids received.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to accept
the bid of Fletcher Jones Chevrolet, 6633 Westminster Avenue, Westminster, Calif-
ornia, as the lowest responsible bidder and award them the contract in the amount
of $6,673.00. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILM~MBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
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. The
staff responded to the Mayor's questions concerning Items #7 and #12.
It was moved by Councilman Hudson and seconded by Councilwoman Evans to approve
items #6 through #14 on the Consent Calendar. The motion unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowa~
None
Lacayo
Item #6: Motion to Introduce and/or Adopt all Ordinances Presented for Consid-
eration by Title Only and to Waive Further Reading.
Item #7: Consideration of Appropriation of 1978-79 Encumbrances - City.
Recommendation: That the City Council authorize appropriations per the worksheet
totaling $736,506.38 to the General Operating Fund and $8,772.31 to the Central
Services Fund.
Item #8: Consideration of Appropriation of 1978-79 Encumbrances - Park District.
Recommendation: That the City Council, acting as the ex officio Board of Directors
of the Cypress Recreation and Park District, authorize appropriations per the
worksheet for encumbrances totaling $150,980.40 to the General Operating Fund.
Item #9: Consideration of a Request to Proclaim September 1979 as Apprenticeship
Month.
Recommendation: That the Mayor and City Council officially proclaim September
1979 as "Apprenticeship Month" in the City of Cypress as requested.
Item #10: Consideration of Acceptance of Improvements on Orange Avenue from
640' West of Grindlay Street to Graham Street and Portion of Graham Street,
AHFP Nos. 910 and 911, City Project #7667-10-0910-0911.
Recommendation: That the City Council accept the street improvements on Orange
Avenue from 640' west of Grindlay Street to Graham Street and portion of Graham
Street, Project #7667-10-0910 amd 0911, as being satisfactorily completed in
accordance with Plans and Specifications and authorize the City Clerk to release
the Labor and Material Bond upon expiration of the required lien period providing
no liens have been filed and to release the Faithful Performance Bond upon expira-
tion of one year guarantee providing no defects in material or workmanship become
evident.
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City Council Minutes
August 27, 1979
Item #11: Consideration of a Request to Proclaim October 1979 as United Way Month.
Recorm~endation: That the Mayor and City Council officially proclaim the month of
October 1979 as "United Way Month" in the City of Cypress as requested.
Item #i2: Consideration of a Resolution of the Santa Ana City Council in Support
of AB 1721, the Issue of Amending the Public Employees' Retirement Law.
Recommendation: That the City Council authorize the Mayor to transmit a letter
of support for AB 1721 regarding the public employee retirement system to the
appropriate State legislators.
Item #13: Consideration of Conducting a One-Day Seminar on the Cypress Economy.
Recommendation: That the City Council authorize the Administrative Coordinating
Team to proceed with the plans for conducting a one-day seminar on the community's
economy as outlined in the staff report.
Item #14: Consideration of a Resolution Amending the Retirement System for
Public Safety Employees.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2128
A RESOLUTION OF THE CITY COUNCIL OF %~HE CITY OF CYPRESS
DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND SAID CITY.
PUBLIC HEARING RE: APPROPRIATION OF SPECIAL DISTRICT AUGMENTATION FUND: Mayor
Rowan opened the public hearing and asked for the staff report.
The City Manager presented a report dated August 23 which indicated that Assembly
Bill 8, Chapter 289, establishes a Special District Augmentation Fund to augment
the tax revenues of special districts, and requires that the governing body of
special districts hold a public hearing to determine the distribution of the funds
within 15 days of the County's notice of the amount that is available. Staff
reported that the County Controller has notified the City that its amount is
approximately $460,000. The staff recommended the following fund allocation:
$141,194 to the Cypress Recreation and Park District; $290,000 to the Cypress
Lighting District #2; and the remainder of funds to the Cypress Recreation and
Park District in the amount of $28,806. Staff indicated that this allocation
represented a commitment for this year only.
Mayor Rowan asked if anyone wished to speak in support of the proposed allocation.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, addressed several questions about
the nature of the funds to which staff responded. He eexpressed support for the
funding and felt it was a better alternative than user fees.
Mayor Rowan asked if anyone wished to speak in opposition. No one wished to
speak in opposition.
It was moved by Councilman Hudson and seconded by Councilwoman Evans to close the
public hearing and adopt the following Resolution by title only, title as follows,
setting forth the funding allocations as recor~nended by the City Manager:
RESOLUTION NO. 2129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DISTRIBUTING SPECIAL DISTRICT AUGMENTATION FUND.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
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City Council Minutes
Augus~57,~ ~ 1979
PRESENTATION: Mr. Steve Robbins of the Cypress Lions Club, 6172 Rosemary Drive,
Cypress, presented Mayor Rowan with a portable PA system which the Lions Club was
donating to the Recreation and Park District for use by the youth sports leagues.
Mayor Rowan expressed the City's appreciation and indicated that the PA system
was designed by Mr. Robbins.
CONTINUATION OF CONSIDERATION OF RENEWAL OF CONTRACT FOR LEGAL ADVERTISEMENTS~
REQUEST FOR QUOTATION #7677-84: The City Manager presented a report dated August
23 indicating bids would be received on Tuesday, September 4. He recommended
that the item be continued to the September 11 Council meeting.
Hearing no objections, Mayor Rowan continued this item to the September 11 meeting.
CONTINUATION OF CONSIDERATION OF REVIEW OF ORANGE COUNTY CITIES~ FIREWORKS
ORDINANCES: The City Manager presented a report from the Public Works Director
dated August 22 which evaluated the fireworks ordinances of other Orange County
cities and alternative methods of fireworks control. He indicated that repre-
sentatives from the Orange County Fire Marshal's office were present to discuss
this item.
Mr. Trotter of the County Fire Marshal's office held discussion with the Council
regarding the general problem of fireworks, the problem of enforcement by the
Fire and Police Departments; he described the position and programs of the Fire
Department in combating fireworks and reported on state and local fireworks laws.
Mr. Trotter reported their public awareness program on fireworks dangers resulted
in low fireworks damage losses ($695) for their contract cities in 1976. However,
this figure has steadily climbed to $1/2 million last year. He reported the
department conducts student education programs emphasizing the dangers of illegal
fireworks and intends to conduct a crash program in June before the end of the
school year. He felt the only solution to the problem would be a total ban on
ali fireworks, and ideally a state-wide ban. He suggested that the issue be
considered by the League of California Cities. Mr. Trotter also suggested that
the manufacturers and distributors of fireworks should be solicited for help
with the public education programs to relieve taxpayers of this financial burden
and allow for better use of fire and police department resources. Mr. Trotter
indicated that since the public has expressed its desire for fireworks, the Fire
Department can only try to ensure that they are as safe as possible and try to
eliminate illegal fireworks. He reported that when the Council considers adoption
of the 1979 Fire Code it will have the opportunity to decide on a total fireworks
prohibition.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated he supported a total ban
on fireworks and felt a fireworks law should be enacted and enforced. He felt
Cypress could set an example for other cities to follow. He noted that the
problem in Cypress is the highly flammable shingle roofs used on dwellings.
Councilwoman Evans suggested that the City prepare a fireworks resolution for
consideration at the annual League conference. Councilwoman MacLain suggested
a limitation on the sale of fireworks to a 24 hour period. Councilman Hudson
felt this suggestion should be considered by the League since only uniform action
by cities would be effective. He felt the question of residential roofing mater-
ials could be addressed when the Council considers the new Fire Code. Chief Duke
responded to questions and stated the Police Department cannot respond to all the
telephone calls regarding fireworks and enforcement is difficult since young
children often are involved and it is difficult to be on the scene in time to
respond. He stated his experience has been the same in four other cities and he
indicated he favored a complete ban. Mayor Rowan stated he would present the
fireworks issue at the Orange County cities mayors' meeting.
It was moved by Councilwoman Evans and seconded by Councilman Hudson to direct
staff to prepare a resolution incorporating the 24 hour sale restriction on f~re-
works and to prepare a report prior to consideration of the adoption of the 1979
Fire Code regarding the possible adoption of an ordinance dealing with residential
roofing materials. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
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City Council Minutes
August 27, 1979
RECESS: Mayor Rowan called a recess at 8:15 p.m. The meeting was called back
to order at 8:25 p.m. with Councilman Lacayo absent.
Hearing no objections, Mayor Rowan continued Item #18, Consideration of Communica-
tion Concerning the Appointment of Supervisor Edison W. Miller, until the entire
Council is present.
CONSIDERATION OF EMPLOYMENT OF A COMMUNITY SERVICE OFFICER IN THE POLICE DEPART-
MENT: The City Manager presented a report dated August 23 which indicated that
staff recommended the employment of a Community Service Officer which would allow
a sworn officer to be assigned to the School Resource Officer Program at Cypress
High School, in accordance with the Council's recommendations during the budget
It was moved by Councilman Hudson and seconded by Councilwoman Evans to auth-
orize the employment of a Community Service Officer in the Police Department
which will allow for the assigmment of a sworn officer to the School Resource
Officer Program at Cypress High School. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEM_BERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
CONSIDERATION OF THE ESTABLISHMENT OF VOTER APPROVED INDEBTEDNESS TA~ RATE
(DRAINAGE BOND): The City Manager presented a report from the Finance Director
dated August 14 which indicated that a tax rate of four cents ($.04) was suffi-
cient to finance this year's debt service for the 1968 Drainage Bond Issue,
which was the same rate established for the 1978-79 fiscal year.
It was moved by Councilwoman MacLain and seconded by Councilman Hudson to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 2130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FIXING THE VOTER APPROVED INDEBTEDNESS TAX RATE FOR THE
FISCAL YEAR 1979/80.
Th~ motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Evans, Hudson, MacLain & Rowan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
CONSIDERATION OF INTERIM URGENCY ORDINANCE A~NDING ZONING ORDINANCE INDUSTRIAL
ZONES: The City Manager presented a report from the Planning Director dated
August 22 which indicated staff recommended the adoption of an interim urgency
ordinance which amends the City's Industrial Zones by requiring a conditional
use permit for projects 10 acres or greater in area. Staff felt that large scale
industrial development typically occupying land greater than 10 acres in area
necessitated the public hearing process and City Council review. The urgency
ordinance would require conditional use permits for such projects which would
allow the City to impose conditions mitigating possible adverse environmental
impacts and conditions requiring the developer to provide certain property
improvements, such as upgrading of traffic signalization. Staff indicated that
the urgency ordinance would be followed by adoption of a permanent ordinance,
which may contain a modified staff recommendation with regard to the size of
parcels. Staff responded to questions from the Council regarding the need for
the ordinance.
It wa~ movad by Councilman Hudson and seconded by Mayor Rowan to order the fol-
lowing Ordinance read by title only, title as follows, and to adopt the Ordinance:
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City Council Minutes August 27, 1979
ORDINANCE NO. 647
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING SECTION 11.1 OF ORDINANCE NO. 640,
THE ZONING ORDINANCE OF THE CITY OF CYPRESS, REQUIRING
A CONDITIONAL USE PERMIT FOR LARGE INDUSTRIAL DEVELOPMENTS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Council-
man Hudson and seconded by Councilwoman MacLain to approve the Warrant List for
Warrants #52843 through #52963 in the total amount of $464,819.58. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMEERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
CONTINUATION OF CONSIDERATION OF A JOINT MEETING - SENIOR CITIZEN AD HOC COMMIT-
TEEtS RECOMMENDATION: The City Manager presented a report dated August 21 from
the Recreation and Park Director which recommended that the joint meeting between
the Council, senior citizens committee and Recreation and Community Services Com-
mission be rescheduled from September 11, a Council meeting date because of the
September 10 holiday, to another date.
It was moved by Councilman Hudson and seconded by Councilwoman Evans to schedule
the Joint meeting for Monday, September 17 at the Cypress Community Center. The
Council also requested that important items be placed on the September 17 agenda
due to the conflict between the annual League conference and the Council's Septem-
ber 24 meeting date. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMEERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
CONTINUATION OF CONSIDERATION OF SCHOOL MINI-PARK MAINTENANCE: The City Manager
presented a report regarding this matter from the Recreation and Park Director
dated August 21.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to continue
this item to the September 17 meeting. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
4 CONCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMEERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
CONSIDERATION OF THE ESTABLISHMENT OF VOTER APPROVED INDEBTEDNESS TAX RATE
(PARK BOND): The City Manager presented a report from the Finance Director
dated August 14 indicating that a tax rate of ten and one-half cents ($.105)
would be sufficient to finance the 1979-80 debt service for the 1973 Park Bond
Issue, which is the same rate as for fiscal year 1978-79.
It was moved by Councilman Hudson 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, adopt the following resolution by title only, title as
follows:
RESOLUTION NO. 101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF
CYPRESS, FIXING THE VOTER APPROVED INDEBTEDNESS TAX RATE
IN SAID DISTRICT FOR THE FISCAL YEAR 1979/80.
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city mnut s
August 27, 1979
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 CoUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT CO~4ERCIAL WARRANT LIST:
Acting as the ex officio Board of Directors of the Cypress Recreation and Park
District, it was moved by Councilwoman MacLain and seconded by Councilwoman Evans
to approve the District Warrant List for Warrants #9562 through #9607 in the
total amount of $37,632.18. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
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 and litigation.
COUNCILWOMAN EVANS LEFT THE MEETING AT 8:54 P.M.
The meeting was called back to order at 8:57 p.m. with Councilmembers Evans and
Lacayo absent.
ADJOURNMENT: It was moved by Councilwoman MacLain, seconded by Councilman
Hudson and unanimously carried to adjourn the meeting at 8:57 p.m.
ATTEST:
CITY CLERK OF THE CITY~ OF CYPRESS
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