Minutes 79-09-11MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
September 11, 1979
The regular meeting of the Cypress City Council was called to order at 6:33 p.m.
on Tuesday, September 11, 1979 in the Cypress City Council Chambers, 5275 Orange
Avenue, Cypress, California, Mayor Howard Rowan presiding.
PRESENT:
ABSENT:
Councilmembers Evans, Hudson, Lacayo and Rowan
Councilwoman MacLain
Also present were Darrell Essex, City Manager/City Clerk, Tom Clark, Deputy City
Attorney, and the following City staff members: Bryant, Dalesandro, Davenport.
Duke, Lamm, Powell and Schatzeder.
PLEDGE OF ALLEGIANCE: The City Manager led the pledge to the flag.
INTERVIEW FOR RECREATION & COMMUNITY SERVICES COMMISSION: The City Council
conducted an interview of Gall Turett, an applicant for the Recreation Comm~ssiono
ORAL COMJMUNICATIONS: Mayor Rowan asked if anyone wished to speak regarding
any matter not on the agenda. No one wished to speak.
MINUTES: It was moved by Councilman Hudson, seconded by Councilwoman Evans and
carried, with Councilman Lacayo abstaining, to approve the minutes of August
27.
STAFF REPORTS & DISCUSSION: ~layor Rowan asked if there were items to add to
the agenda. The City Manager requested an executive session for matters of
litigation. The City Manager further reported that the Senior Citizens Ad Hoc
Committee had a conflict with the September 17 joint meeting date and requested
.~ rescheduling of the meeting. The Council agreed to conduct the September 17
meeting for regular business items and to reschedule the joint meeting at a
CONSIDERATION OF AWARD OF CONTRACT FOR OIL TREATMENT ON CITY STREET: Tbe City
Manager presented a report from the Public Works Director dated September 6
describing the project and the capability of various contractors to perform the
necessary work. Councilman Lacayo noted that the Council had received a letter
from a resident regarding the poor quality of slurry seal work on her street.
I~e requested that staff prepare a report describing the benefits and technical
aspects of the oil treatment and slurry seal projects so that the Counc~il may
have background material when responding to citizen calls.
COUNCILWOMAN MACLAIN ARRIVED AT 7:00 P.M.
It was moved by Councilman Lacayo and seconded by Mayor Rowan to approve
treatment on residential streets in the City as described in the staff report
and authorize the award of contract to G. J. Payne Company, 400 West Victoria
Street, Carson, California for purchase of "Reclamite" and trailer renta] to
Keu's Oil Company, 11622 Margie Lane, Garden Grove, California for oil dis-
tributor rental as outlined in the report. 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
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-10~ MARION T. & MARTHA D.
JUSTICE: Mayor Rowan opened the public hearing and asked for the staff report.
The City Manager presented a report from the Planning Director dated September
4 recommending that the hearing be continued to the October 9 meeting to allow
the applicant to submit revised plans for the proposed multiple residential
units at 5412 Camp Street.
City Council Minutes September 11, 1979
358
It was moved by Councilman Lacayo and seconded by Councilman Hudson to continue
the public hearing regarding Conditional Use Permit #79-10 to the October 9
meeting. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
O COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - }~. MARY LOU WATTERS, ON
BEHALF OF WATTERS THRIFT SHOP~ 8858 WALKER STREET~ CYPRESS: Mayor Rowan opened
the public hearing and asked for the staff report. The City Manager presented
a report dated September 6 indicating the application was for the operation of
a secondhand store dealing with merchandise for the home. The Police Department
found no reason to protest the granting of the permit, and the Planning Depart-
ment recommended two conditions of approval for the operation. The staff
reported the property is located in the Commercial General Zone on the east
side of Walker Street, north of Lincoln.
Mayor Rowan asked if anyone wished to speak in support of the application.
Ms. ~Iary Lou Watters, 401 S. Knott, F2, Anaheim, the applicant, stated she
agreed with the two conditions of approval and intended to maintain an attractive
business with no outdoor storage.
Mayor Rowan asked if anyone wished to speak in opposition. No one wished to
speak in opposition.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close
the public hearing and approve the special permit for Watters Thrift Shop, 8858
Walker Street, Cypress, subject to the following conditions: (1) All sa]es sholl
take place within the building; (2) There shall be no outdoor storage of any
items. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
None
None
PUBLIC HEARING RE: PUBLIC NUISANCE CONDITIONS AT 9551 HOLDER STREET, CYPRESii,
A.P. #134-181-04: ~layor Rowan opened the hearing and asked for the staff ~cp, I
The City Clerk stated that all testimony presented during this hearing must bc
under oath and he requested that any staff members or members of the audience
who wish to speak stand and be sworn. The City Clerk administered the oath
the Office Engineer, Frank Dalesandro. The Office Engineer presented ~ report
from the Public Works Director dated September 6 regarding the nuisance ~ondit
at 9551 Holder which indicated that, following the August 13 Council meet
City maintenance crews nailed doors on the building shut, boarded a brok~.n window
and removed an abandoned refrigerator. The property owner, after receiving
of the public hearing, completed only a minimal amount of work and staff reported
they received no further communications from the owner. Staff recommended
the property be declared a public nuisance.
Since no other persons wished to be sworn to present testimony, it was moved by
Councilman Lacayo and seconded by Councilwoman MacLain to close the public
hearing and adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 2131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING AND DECLARING CERTAIN PREMISES WITHIN THE CITY
TO BE A NUISANCE, AS DEFINED IN ARTICLE III OF CHAPTER
13 OF THE CYPRESS CITY CODE, AND ORDERING THE ABATEMENT
OF THE SAME BY THE OWNER THEREOF.
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 September 11, 1979
PUBLIC HEARING RE: MODIFICATION TO CONDITIONAL USE PER~IT NO. 74-17, 40$~P~q~~
ERSELIA MELILLI: >~yor Rowan opened the public hearing and asked for ~H~staff
report. The Planning Director presented a report dated August 29 which described
the application to modify C.U.P. #74-17 by allowing automobile mechanical repair
in conjunction with an existing automotive body repair shop at 8900 Walker Street
in the CG-10,000 Commercial General Zone. Staff recommended approval of the
modification subject to four conditions.
Mayor Rowan asked if anyone wished to speak in support of the application.
blrs. Carol Sharp, real estate agent speaking on behalf of the applicants, stated
the applicant wishes to relocate his present automotive repair business to the
Walker Street location. She expressed agreement with the conditions of approval.
Mrs. Sharp responded to questions from the Council and stated the storage period
for inoperable vehicles would not exceed three or four days. She stated only
minor repairs would be performed and the applicant proposes no permanent or
long-term storage of vehicles on the property.
Mayor Rowan asked if anyone wished to speak in opposition. There were no speakers
in opposition.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close
the public hearing and adopt the following Resolution by title only, title as
follows:
RESOLUTION NO. 2132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO.
74-17 - WITH CONDITIONS.
Councilwoman MacLain reported that the previous operator of the body shop at
8900 Walker had family members using the upper floor of the building as living
qL~arters and she requested that staff notify the new business owner that such
a use is a violation of the use permit and City Codes. The Deputy City Attorney
ind~ated that if there is an apparent violat~on of the use permit it can be
recalled by the Council for consideration of possible revocation of the permit.
Councilwoman Evans expressed concern over whether there was sufficient storage
space and parking space on the property for the combined uses and stated sbe
would like to review a plot plan. The Planning Director reported that the
parking provisions meet the Code for both uses. He stated that overflow parking
onto adjacent streets is characteristic of this type of business. Councilwoman
Evans suggested that the Council consider a condition to limit the storage of
I~operable vehicles to approximately two to three weeks.
A substitute motion was moved by Councilwoman Evans and seconded by Councilman
Hudson to approve the modification subject to the four conditions with a change
to Conditi~n #3 to read: The storage of automobile parts and accessories,
whether new or used, is prohibited outside of the main building and, further,
the storage of disabled or inoperable vehicles is limited to a period of one
month.
Mr. Sharp stated it is common for an auto repair business to have one vehicle
stored on the property for a long period of time, such as 90 days or six months,
but usually there is a quick turn-over of vehicles since long-term storage
handicaps the normal business. He indicated the applicant p£oposes only minor
repairs such as they conduct at their service station.
Following further discussion, the substitute motion carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
2 COUNCILMEMBERS:
0 COUNCILMEMBERS:
~vans, Hudson & MacLain
Lacayo & Rowan
None
-3-
PUB~I~ ~EARING RE: SIXTH YEAR APPLICATION/HOUSING & COMMUNITY DEVELOPMENT BLOCK
GR~OGRAM: Mayor Rowan opened the public hearing and asked for the staff
re~{~ The City Manager presented a report dated September 5 describing the
application for the sixth year Federal funds available through the Housing and
Com~nunity Development Act of 1977. The City of Cypress, having a population
under 50,000, will be included in the program under the urban county application.
The public hearing notice was mailed to affected property owners and residents
of the target area which is located south of Lincoln between Grindlay and Walker
Street and internally consisting of Bishop, Camp and Nelson Streets. The appli-
cation proposes public improvements and housing rehabilitation in the target area.
Mayor Rowan asked if anyone wished to speak in support of the application.
Mr. Tom Justice, 5412 Camp, Cypress, expressed support for the proposed public
improvements and asked when Camp would be improved and whether the project
required cost participation by the property owners. He requested that funds
be allocated for alley improvements. Staff reported on the work schedule,
indicating improvements on Camp Street were proposed in the 1978-79 funding.
They reported the project would be 100% Federally funded with no cost partici-
pation by the property owners.
Mayor Rowan asked if anyone wished to speak in opposition to the application.
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, thereby assuring compliance with all pertinent applications and
requirements as they relate to the use of Federal funds under the program, and
authorize the Mayor to sign the necessary agreements between the City of Cypress
and the County of Orange regarding this program:
RESOLUTION NO. 2133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE CITY'S PARTICIPATION IN THE SIXTH YEAR
HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WITH THE COUNTY OF ORANGE.
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
Councilman Hudson suggested that alley improvements throughout the City should
be considered in future Federal grant applications.
RECESS: Mayor Rowan called a recess at 7:50 p.m. The meeting was called back
to order at 8:00 p.m. with all Councilmembers present.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-9 AND ASSOCIATED VARIANCES,
THE ROBERT P. WARMINGTON COMPANY, 9951 HOLDER STREET, CYPRESS: Mayor Rowan
announced that the applicant had requested a continuance of the public hearing.
He declared the hearing open and asked if the applicant wished to speak.
Mr. Jim Christensen, representing the Warmington Company, 3822 Campus Drive,
Newport Beach, indicated they were requesting a continuance to allow them to
meet with the staff, Councilmembers and City Attorney to resolve problems with
their application. Mr. Christensen stated the applicant has been open and above-
board with the tenants and staff in explaining their proposal, they have held
meetings with the staff and the tenants prior to the hearing and they have also
sent letters to residents of the neighborhood requesting their opinions on the
proposal. Mr. Christensen indicated that there was a misunderstanding with staff
concerning their application meeting all criteria and he felt the staff report
was biased and would not allow for a fair hearing. He requested that persons
presenting testimony during the hearing be sworn. Mr. Christensen stated that
he read the City's condominium conversion ordinance. He indicated that the
staff report did not accurately reflect the variances which they were requesting.
-4-
~cy Council Minfitd~ Septembe~ if, i~79~
Councilman Hudson stated he favored continuing the hearing since the applicah~
had just received the staff report earlier today. He requested that the City
Manager and City Attorney investigate the problems identified by the applicant.
The City Manager stated that he had not been advised previously by the applicant
of any problems with the staff report.
It was moved by Councilman Hudson and seconded by Councilman Lacayo to continue
the public hearing regarding Conditional Use Permit #79-9 and Associated Variances
to the October 9 meeting. 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
Ms. Nancy Potember, 9951 Holder #15, Cypress, reported the tenants were given
only one day's advance notice of the proposed meeting with the applicant.
Councilman Lacayo noted that there were persons in the audience interested in
Item #30 on the agenda and he requested that it be taken out of order.
CONSIDERATION OF CAROB STREET FENCE: The City Manager presented a report dated
September 6 indicating that Councilman Lacayo requested that the Council discuss
the status of the fence on Carob Street. Councilman Lacayo stated the fence
has been a longstanding problem with the nuisance conditions getting worse, and
City residents in this area feel neglected. He recommended that the Council
investigate the expenditure of City funds to resolve the problem and what
assurances the City would have against the County residents removing or modi-
fying the wall. He reported he has received calls from residents of the area
regarding law enforcement incidents and police patrol.
Mr. John Vesperman, 8194 Carob, Cypress, presented the Council with photographs
of the existing fence and reported he discussed this problem with the Council
about 18 months ago. He reported the fence is old, made of wood and backs up
to seven dwellings. The area along it is usually littered. Mr. Vesperman also
reported there is a street maintenance problem on Carob with a lot of dirt in
the street which turns to mud, and there are drainage problems in certain areas
on the street. Ne stated the fence presents a serious problem and he requested
the Council's assistance.
Councilman Hudson favored negotiations between the City and property owners re-
garding the fence but indicated he objected to expending public funds to correct
nuisance conditions on private properties. He asked if the City could institute
nuisance abatement procedures against the County or if the City could take legal
action for the County's failure to perform its responsibilities. Councilman
Lacayo felt this was a good avenue to research. He suggested that staff be
directed to prepare specifications for the wall construction, that the wall be
constructed without gates, and that any funds expended by the City be repaid by
the County.
It was moved by Councilman Hudson and seconded by Councilman Lacayo to: (1)
request the City Attorney to prepare a report and necessary documentation for
the next meeting for a formal filing against the County of nuisance abatement
procedures to be followed with a review by the Council of the City's available
legal remedies to require the County to perform its responsibilities on the
County properties; (2) request staff to prepare a report to include: an update
of the agreements with property owners on Gay Street regarding the wall con-
struction, investigation of a procedure for the City to acquire Carob Street
for its entire width to allow for the expenditure of public funds if necessary,
and specifications for the wall construction. Councilman Hudson requested
regular staff reports on this matter until it is resolved and that the affected
property owners be notified regularly of its status. Councilwoman Evans also
requested that the staff report address the issue of possible annexation of
this area to the City.
Mayor Rowan stated he was concerned over the issue of expending public funds on
private properny in the county and indicated he supported annexation because it
could relieve problems which the county is not addressing. Councilman Hudson
clarified that his motion proposed no expenditure of funds. Councilman Lacayo
requested information regarding the police patrol schedule and needs of the area.
-5-
City Council Minutes September 11, 1979
Mr. Vesperman reported on an incident which occurred about three weeks ago when
the Police Department was unable to respond quickly to an attempted burglary call
on Carob Street. He reported that spe~ding and reckless driving are problems
on the street.
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
It was moved by Mayor Rowan and seconded by Councilman Hudson to direct staff
to prepare a report regarding possible annexation of this property to the City
of Cypress which is located in Cypress' sphere of influence. 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 AWARD OF CONTRACT FOR LEGAL ADVERTISING, RE_([UEST
FOR QUOTATION #7980-09: The City Manager presented a report dated September 4
from the Finance Director which outlined bids received on September 4.
It was moved by Mayor Rowan and seconded by Councilman Lacayo to determine that
the News Enterprise, 3722 Catalina, Los Alamitos, California, is the lowest
responsible bidder and award them the contract for the publication of legal
advertisements per their proposal as outlined in the staff report. 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
CONSENT CALEND~Jt: 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.
With regard to Item #8, Consideration of an Application for an Original Alcoholic
Beverage License, Type 41 On Sale Beer and Wine, Filed by Mr. Danny Ray Fauchier,
D.B.A. Littlefield's Restaurant, 6151 Ball Road, Cypress, the City Manager
reported that the recommendation should include a notice that a conditional use
permit is required. With regard to Item #17, Consideration of a Communication
from Mayor Seymour of Anaheim Regarding Assembly Bill 8, Councilwoman Evans
reported she serves on the League Revenue and Taxation Committee which met
recently and prepared a resolution for consideration at the League conference.
She indicated that hopefully a League position on A.B. 8 can be formulated at
the conference.
It was moved by Councilman Hudson and seconded by Councilwoman Evans to approve
Items #3 through #21 on the Consent Calendar with the change to the recommendation
on Item #8. 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
Item #3: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consid-
eration by Title Only and to Waive Further Reading.
Item #4: Consideration of Employment List - Principal Engineering Aide.
Recommendation: That the City Council certify the employment list for the
position of Principal Engineering Aide as submitted.
Item #5: Consideration of Employment List - Police Officer.
Recommendation: That the City Council certify the employment list for the
position of Police Officer as submitted.
-6-
City Council Minutes September 11, 1979
Item #6: Consideration of a Claim Filed by Mr. Darr Shellberg On Behalf *~g~'~
of Craig Allen Maloof.
Recommendation: That the City Council, acting as the ex officio Board of Direc-
tors of the Cypress Recreation and Park District, officially deny the subject
claim and refer it to the City's claim adjuster, Carl Warren & Company, for
appropriate disposition.
Item #7: Consideration of Legislative Bulletins #32, 33 and 34 from the League
of California Cities.
Recommendation: That the City Council direct the staff to prepare a response
for the Mayor's signature to the appropriate officials expressing the City's
opposition to A.B. 699 (Young).
Item #8: Consideration of an Application for an Original Alcoholic Beverage
License, Type 41 On Sale Beer and Wine, Filed by Mr. Danny Ray Fauchier, DBA
L~ttlefield's Restaurant, 6151 Ball Road, Cypress.
Recommendation: That the City Council receive and file this application, sub-
ject to the condition that the applicant obtain a conditional use permit.
Item #9: Consideration of an Application for a Person-to-Person Transfer of
Alcoholic Beverage License, Type 42 On Sale Beer and Wine, Filed by Mr. Jay
Hoerer, DBA Cypress Inn, 5731 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item #10: Consideration of an Application for a Person-to-Person Transfer of
Alcoholic Beverage License, Type 20 Off Sale Beer and Wine Conditional 7, Filed
by Mr. .loseph Lenggiere, DBA Friendly Altadena Dairy, 5792 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item #1[: Consideration of Renewal of Third Party Contract for Funding the
Cypress Diversion Program.
Recommendation: That the two contracts be renewed for fourth year funding.
Item #12: Consideration of a Request to Proclaim September 16-22, 1979 as
Constitution Week.
Recommendation: That the Mayor and City Council officially proclaim September
16-22, 1979 as "Constitution Week" in the City of Cypress as requested.
Item #13: Consideration of Approval of First Reading of the Ordinance Amending
the Contract Between the City Council and the Board of Administration of the
California Public Employees' Retirement System.
Recommendation: That the City Council approve the first reading of the following
Ordinance by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE
CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
Item #14: Consideration of Employing a Business License/Code Enforcement Clerk
Typist in the Planning Department.
Recommendation: That the City Council authorize the employment of a Business
License/Code Enforcement Clerk Typist at the position's lowest adopted salary
schedule: Range 10 - $806.00 monthly.
Item #15: Consideration of Tentative Parcel Map #79-1147, Psomas & Associates
for Louis Warschaw.
-7-
September 11, i979
~commendation: That the City Council adopt the following Resolution b title
V--only, title as follows, approving Tentative Parcel Map #79-1147 subjectYto the
following condition: Ail applicable conditions of approval of Parcel Map #78-1
establishing the Warland Industrial Park are included within the approval of
Tentative Parcel Map #79-1147:
RESOLUTION NO. 2136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE PARCEL MAP #79-1147 - WITH CONDITIONS.
Item #16: Consideration of Proposed Yost Property Detachment from the City of
La Palma.
Recommendation: That the City Council authorize the City Manager to notify the
Local Agency Formation Commission that the Cypress City Council would request
that, in the event the Yost detachment is approved, the area be included in the
City of Cypress' sphere of influence.
Item #17: Consideration of a Communication from Mayor Seymour of the City of
Anaheim Re: Assembly Bill 8.
Recommendation: That the City Council authorize the staff to work in conjunction
with the Mayor to support those modifications to AB 8 which would be beneficial
to the City of Cypress.
Item #18: Consideration of the Adoption of a Resolution Setting Forth New
Electrical Fee Schedule.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
RELATING TO THE ESTABLISHMENT OF A FEE SCHEDULE TO BE
USED WITH THE LATEST EDITION OF THE NATIONAL ELECTRIC CODE.
Item #19: Consideration of Acceptance of Improvements and Release of Bonds for
Parcel Map #109/19-23, City Project #7810-10.
Recommendation: That the City Council accept the public improvements in Project
#7810-10 as being satisfactorily completed in accordance with plans and specifi-
cations and authorize the City Clerk to release the Monumentation Bond and the
Labor and Material Bond upon expiration of their required lien period, providing
no mechanic liens are filed, with the Performance Bond to be held for one year
from the date of acceptance to guarantee against any defects in material or
workmanship.
Item #20: Consideration of Approval of Supplement #6 of Local Agency-State
Agreement (Pavement Marking) #07-5330, City Project #8002-90.
Recommendation: That the City Council approve Supplement #6 of the Local Agency-
State Agreement #07-5330 and authorize the Mayor to execute the Agreement.
Item #21: Consideration of Installation of Underground Storm Drain - Tract
#9743.
Reconnnendation: That the City Council authorize a budget transfer from the
General Fund and appropriate $5,248.00 from the fund balance of the General Fund
to Account #10-4186-514.23 to cover the City's share of storm drain costs.
CONTINUATION OF CONSIDERATION OF COMMUNICATION CONCERNING THE APPOINTMENT OF
SUPERVISOR EDISON W. MILLER: The City Manager presented a report dated Septem-
ber 6 indicating this item was continued from the August 27 meeting. The Mayor
stated he requested this item on the agenda for Council discussion. Council-
woman MacLain reported that a bill was introduced by State Assemblyman Ross
Johnson on behalf of northern Orange County cities which addresses the issue of
gubernatorial appointments. The bill proposes to remove the Governor's authority
by requiring that a special election be held for appointment of a supervisorial
replacement. Councilwoman MacLain suggested that the Council contact the State
representatives and request support of the bill.
-8-
City Council Minutes
September 11, 1979
365
Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, stated he protested the gover~o~'~
appointment of Supervisor Miller and he urged the Council to express its opposi-
tion. He felt there was massive opposition to the appointment from County resi-
dents and that the appointment was offensive and not indicative of their desires.
Councilwoman MacLain felt the major point being overlooked was the fact that the
appointment represented another reduction of local government authority. She
recommended that the Council continue to oppose state and federal intervention
in local authority and affairs. Councilman Hudson agreed and reported that,
according to today's L.A. Times, the governor appointed two judges in Orange
County who were previously voted out of office by the electorate. He suggested
that the Council vote a censure of the governor and transmit its position of a
lack of faith with his administration for its lack of sensitivity and contra-
vention with the wishes of Orange County residents.
It was moved by Councilwoman MacLain and seconded by Councilman Lacayo that the
City Council adopt the following Resolution by title only, title as follows, in
support of the Johnson bill, request the author of the bill to include the same
election requirement for Judicial appointments, send letters to the City's State
Legislators requesting support for the bill, and to transmit the Resolution to
other Orange County cities soliciting support:
RESOLUTION NO. 2135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPPORTING ASSEMBLY BILL 1955 CALLING FOR A SPECIAL
ELECTION TO FILL COUNTY BOARD OF SUPERVISORS' VACANCIES.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, tludson, Lacayo, }~cLain & Rowan
None
None
It was moved by Councilman Hudson and seconded by Councilman Lacayo that the
City Council transmit a vote of censure to the Governor for his appointment of
the two judges in Orange County whom the electorate had voted to remove from
office.
Mr. Jerry Mullen congratulated the Council on their statements of objection to
the judges' appointments but he felt the Miller appointment was the more impor-
tant issue. He asked that the Council's censure include objection to Supervisor
Miller's appointment.
Councilwoman Evans felt that if the Council feels strongly about the inappro-
priateness of the governor's appointments then they should include objection to
the Miller appointment in their censure. Councilman Hudson felt there was a
difference in the appointments since the governor had the authority to appoint
a replacement supervisor and it was made prior to expressed public sentiment,
but the judges' appointment was an overriding of the wishes of Orange County
voters. Councilman Lacayo also felt the judges' appointment preempted the voters.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMBMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
It was moved by Mayor Rowan and seconded by Councilwoman Evans to transmit a
vote of censure to the Governor regarding the appointment of Supervisor Miller
for the reason that the appointment was inappropriate by not being representative
of the wishes of Orange County residents. The motion carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Evans, Hudson, MacLain & Rowan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINING: 1 COUNCILMEMBERS: Lacayo
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City Council Minutes
September 11, 1979
J--CoUncilman Lacayo stated he abstained because he felt innocent persons, like the
families of the appointees, were being hurt by governmental actions. He indi-
cated that Supervisor Miller did not violate any requirements for holding public
office.
It was moved by Councilman Hudson, seconded by Councilwoman Evans and unanimously
carried that copies of the Council's two censures be sent to all City Councils
in Orange County and that they be requested to consider taking similar action.
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 Councilwoman MacLain and seconded by Councilman Lacayo
to approve the District Warrant List for Warrants #9608 through #9666 in the
total amount of $35,405.00. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMBMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Council-
woman MacLain and seconded by Councilman Lacayo to approve the Warrant List for
Warrants #52964 through #53067 in the total amount of $631,393.78. 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: bfayor Rowan asked if anyone wished to speak in regard to
any matter not on the agenda.
fir. Joe Hardcastle, 4588 Blanca Drive, Cypress, discussed Consent Calendar items
on the agenda and felt some items were important enough for separate discussion
and should not be placed on the Calendar. He felt the Consent Calendar provided
insufficient information on some of the items and the public is unaware of what
actions the Council is taking. Mr. Hardcastle also asked that full copies of
all staff reports in the agenda packet be available in the Council Chambers.
The Council indicated that this is the current practice and they further noted
that any member of the audience may request the removal of any item from the
Consent Calendar for separate discussion by the Council.
Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, felt Mr. Hardcastle's sugges-
tions were positive and stated he had similar concerns. He suggested that the
Council consider adopting a policy to preclude them from taking actions at the
conclusion of the agenda, such as after an Executive Session, or limiting them
to actions which pertain only to matters discussed in the Executive Session.
Mr. Mullen felt such a policy would be of benefit to persons in the audience.
Mayor Rowan indicated that the Council adds items to the agenda at the beginning
of the meeting so the members of the audience know what is on the agenda.
EXECUTIVE SESSION: The Mayor called an Executive Session at 10:10 p.m. to
discuss matters of litigation. The meeting was called back to order at 10:36 p.m.
with all Councilmembers present.
ADJOURNMENT: It was moved by Councilwoman MacLain, seconded by Councilman Hudson
and unanimously carried to adjourn the meeting at 10:36 p.m. to Monday, Septem-
ber 17 at 6:30 p.m. in the Administrative Conference Room.
ATTEST:
CITY CLERK OF TH~ CITY/OF CYPRESS
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