Minutes 80-02-25MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
February 25, 1980
The regular meeting of the Cypress City Council was called to order at 6:30 p.m.
on Monday, February 25, 1980 in the Cypress City Council Chambers, 5275 Orange
Avenue, Cypress, California, Mayor Howard Rowan presiding.
PRESENT:
ABSENT:
Councilmembers Evans, Hudson, Lacayo, MacLain & Rowan
None
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney,
and the following City staff members: Davenport, DeCarlo, Duke, Lamm, Powell and
Sehatzeder.
PLEI)(;E OF ALLEGIANCE: Para Lincoln of the News Enterprise led the pledge to the
flag.
The (]ity Attorney introduced his brother-in-law, Mr. Fred Peters from Iowa, who
was visiting the meeting tonight.
()RAL CO~fMUNICATIONS: Mayor Rowan asked if anyone wished to speak in regard to
any matter which was not on the agenda.
Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, expressed his concerns over the
recent rainstorm on February 14 which flooded many garages and cars in the Tangle-
wood area. He addressed questions regarding the operation of the pump station
and retarding basin and specifically asked what remedial actions were taken fol-
lowing the heavy rainstorm and flooding in 1975. He felt it was incumbent upon
the Council to take action to safeguard residents' property in the future and he
offered several suggestions for flood control. The staff responded to the ques-
tions with a verbal report on the operation of the flood control facilities and
actions of the City and Orange County Flood Control District following the 1975
flooding.
Tl~e Council added this matter to the agenda and requested that staff prepare a
report on the flooding problem with recommendations for a solution.
Mayor Rowan opened the following public hearings and continued them until later:
CONTINUATION OF PUBLIC HEARING RE: MODIFICATION NO. 3 TO CONDITIONAL
USE PERMIT NO. C-206, SUPERENE FEED SUPPLEMENTS, INC., 5421 PHILO STREET;
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. ROBERT J. SKORA~
DBA THE PRECIOUS METAL EXCHANGE OF CALIFORNIA, 5899 CERRITOS AVENUE;
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 80-1, TRUCK & TRAILER RENTAL/
PUBLIC STORAGE, 4801 LINCOLN AVENUE.
PRESENTATION: Mr. John Ribble, President of the California Park & Recreation
Society, District 10, presented a plaque to Mayor Rowan and Mr. Alvin Weinberg of
the Cypress Civic Theatre Guild which received the Community Volunteer Award for
1979. Mr. Weinberg presented the Recreation and Park Director with the plaque
to be on display at the Cypress Community Center.
Hearing no objections, Mayor Rowan took Item #17 out of order for persons in the
audience.
CONTINUATION OF CONSIDERATION OF COMPLAINTS RE: THE ACTIVITIES AT THE CYPRESS
PLAZA EAST SHOPPING CENTER (BALL & VALLEY VIEW): The City Manager presented a
report dated February 21 which transmitted the truck delivery schedule for the
Albertson's market. The Albertson's store manager indicated that deliveries
had been changed so as not to occur between 10:00 p.m. and 6:00 a.m. The prop-
erty management firm also proposed to contact the street sweeping centractor to
ensure that sweeping does not occur in the early morning hours on weekends.
4?6
City Council Minutes
February 25, 1980
Staff indicated they and the Chamber Manager would continue to seek cooperation
from Albertson's, the sweeping contractor and rubbish contractor.
Mr. Robert Eames, manager of the Chamber of Commerce, reported that the sweeping
contractor was contacted by the property management firm and agreed to change
their schedule to sweep during the hours of 6:00 a.m. and 10:00 p.m. on week days
and 8:30 a.m. and 10:00 p.m. on weekends.
Mr. Don Kennedy, 5843 Holmby Court, Cypress, reported that on one occasion a
refrigerator truck, with its unit running, was parked behind the Mervyn's store
from 5:00 p.m. to 4:00 a.m. the next day, and that Councilman Hudson was called to
visit the site during this time. He also reported that recently the trash con-
tainers were steam cleaned at 2:00 a.m. He stated these isolated incidents only
emphasize the primary problem of truck noise, particularly in the early morning
hours on weekends. He felt 6:00 a.m. was too early an hour for truck deliveries
and he felt the delivery times could be changed. He stated that trucks still
blast their air horns during the day and refuse to enter the property from Ball
Road, instead of entering from Valley View.
The Council held discussion on possible remedies to the problems including the
possibility of establishing a no parking, tow away zone to prevent unauthorized
trucks and campers from parking overnight on the property, establishment of a
"quiet zone", similar to zones around hospitals, installation of a physical
harricade, sign posting or designation of one-way traffic to re-direct truck
entry onto the property, all of whicb would require the consent of the property
owner to implement.
It was moved by Councilman Lacayo, seconded by Mayor Rowan and unanimously
carried to continue this matter and direct staff to contact the owner of the
shopping center and affected businesses within the center to seek their coopera-
tion in establishing a signing program or installing a physical barrier to prevent
early morning truck deliveries.
Mr. Kennedy stated that the overnight parking of motor homes on the property was
not disturbing. He added that an 8:30 a.m. delivery time was acceptable.
CONTINUATION OF CONSIDERATION OF A REPORT ON RESTRICTING THE SALE AND DISPLAY OF
DRUG PARAPHERNALIA: The City Manager presented a report dated February 21 which
transmitted an ordinance prepared by the City Attorney relating to the exclusion
of minors from places where drug devices are displayed or offered for sale. Mayor
Rowan corrected the title of the Ordinance and stated it would add Sections 17-33
through 17-38 to the Cypress City Code. The City Attorney also summarized his
ietter dated February 21 transmitted with the staff report which indicated two
bills were introduced pertaining to this subject, AB 1986 and AB 2046. He stated
that either of these measures would pre-empt local control. The City Attorney
described the provisions of the City's proposed Ordinance.
Mayor Rowan asked if anyone in the audience wished to speak on this matter.
Mr. Jack Johnston, 10435 Greta, Buena Park, stated he is an advisor to nine Ex-
plorers and it is difficult to explain to them the discrepancy between the fact
that society discourages the use of drugs yet allows drug paraphernalia to be
sold openly in stores. He stated he favored a total ban on drug paraphernalia.
Ms. Joan Edwards, 4532 Victoria Court, Cypress, suggested a boycott of stores
selling drug paraphernalia and recommended that the Council adopt a Resolution
and print it in the newspaper expressing its objections to drugs and drug para-
phernalia.
Councilman Lacayo suggested that a citizens group could have an ad published
in the paper condemning the practice of selling drug paraphernalia and urging
businesses to cease the practice. Chief Duke reported that, following the last
Council meeting, he contacted the operator of the only store in Cypress selling
drug paraphernalia and appealed to him to stop the sale. He stated the operator
was concerned over a possible loss of sales and he reported the merchandise was
still offered for sale.
-2-
City Council Minutes
February 25, 1980
It was moved by Mayor Rowan and seconded by Councilman Lacayo to direct staff to
prepare a Resolution for consideration at the March 10 meeting expressing the
Council's objections to the sale of drug paraphernalia.
Councilman Hudson felt that if the Council adopts the Resolution it should also take
responsibility for the newspaper ad containing the Resolution. He suggested that
citizens groups or interested individuals could sign their names to the ad in support.
>Ir. Joe Hardcastle, 4588 Blanca Drive, Cypress, offered the assistance of his
church's committee on moral concerns which has a lobbyist in Sacramento.
Mr. Allen Brase, Principal of Cypress High School, stated he personally supports
adoption of the proposed Ordinance and that, in a vote taken of students, a
majority favored the Ordinance. He reported that drug abuse is a serious problem
w~thin the community. Mr. Brase stated he favored having the Council purchase the
newspaper ad. Mr. Brase reported that the first in a series of forums designed
to educate students and parents about the drug problem will be held at Cypress
High School on February 28 at 7:00 p.m. and he invited the Council to attend.
The following persons also expressed objection to the drug problem and support
for the City's proposed Ordinance:
Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress
Mrs. Gwendolyn Gates, 5171 Canterbury, Cypress
Mr. Dean Edgeworth, 5952 Karen, Cypress
Mr. Greg Diaz, 6121 Barbados, Cypress
Mr. Bill Steeber, 9451 Walker, Cypress
Mr. Creg Diaz reported that in a recent poll taken during a student senate class,
181 students favored the proposed City ordinance and 175 objected to it. Ne felt
that since the poll was taken during class, peer pressure may have caused students
to oppose the ordinance. Councilman Lacayo requested that Mr. Diaz continue his
poll of the students and attempt to get more specific answers on how the students
actually feel about drugs.
The motion to direct staff to prepare the Resolution unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
The Council was in agreement about publishing the newspaper ad concerning drugs
and Councilwoman MacLain suggested that the ad request community organizations to
publicize the Council's actions to their memberships.
It was moved by Councilwoman Evans and seconded by Councilman Lacayo to order the
fo]lowing Ordinance read by title only, title as follows, and to approve the first
reading of the Ordinance:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING SECTIONS 17-33 THROUGH 17-38 TO THE CODE OF THE
CITY OF CYPRESS RELATING TO THE EXCLUSION OF MINORS
FROM PLACES WHERE DRUG DEVICES ARE DISPLAYED OR OFFERED
FOR SALE.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL}~MBERS:
0 COUNCIL~MBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
It was moved by Councilman Hudson and seconded by Councilwoman MacLain that the
Council go on record in support of AB 1986 and AB 2046 and transmit this support
to the authors of the bills along with notice of the Council's actions dealing
with the drug issue. The motion unanimously carried by the following roll call
-3-
~7~q~ncil ~inutes February 25, 1980
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
RECESS: Mayor Rowan called a recess at 9:05 p.m. The meeting was called back
to order at 9:17 p.m. with all Councilmembers present.
CONTINUATION OF PUBLIC HEARING RE: MODIFICATION #3 TO CONDITIONAL USE PERMIT
#C-206, SUPERENE FEED SUPPLEMENTS~ INC., 5421 PHILO STREET: The City Manager
presented a report from the Planning Director dated February 20 and requested
that the hearing be continued to allow staff to seek participation from other
property owners on Electric Street to install public improvements and the re-
quired storm drain. The applicant, Mr. Verhoeven, agreed with the continuance
of the hearing.
It was moved by Councilman Hudson and seconded by Councilwoman Evans to continue
the public hearing regarding Modification #3 to Conditional Use Permit #C-206
to the March 24 meeting. The motion unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILME~ERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
PUBLIC HEARING RE: APPLICATION FOR A SPECIAL PERMIT - MR. ROBERT J. SKORA~ DBA
THE PRECIOUS METAL EXCHANGE OF CALIFORNIA~ 5899 CERRITOS AVENUE: The City Mana-
ger presented a report dated February 20 indicating the application was for the
conduct of a secondhand business.
Mayor Rowan opened the public hearing and asked if the applicant wished to speak.
Mr. Robert Skora, the applicant, 5899 Cerritos Avenue, Cypress, reported that
he purchases scrap metal such as gold, silver and platinum, and used articles
such as jewelry from the general public and industry. He reported they plan to
install a new security system since they recently experienced a robbery.
Mayor Rowan asked if anyone wished to speak in favor or in opposition to the
application for a special permit. There was no one wishing to speak in support
or in opposition.
It was moved by Councilman Lacayo and seconded by Councilman Hudson to close the
public hearing and approve the special permit for Mr. Robert J. Skora, on behalf
of The Precious Metal Exchange of California. The motion unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILME}~ERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
PUBLIC HEARING RE: CONDITIONAL USE PER~4IT #80-1~ TRUCK & TRAILER RENTAL/PUBLIC
STORAGE~ 4801 LINCOLN AVENUE: The Planning Director summarized a report dated
February 15 describing the application to establish a truck and trailer rental
yard (U-Haul) and public storage center (mini-warehouse) at the northeast corner
of Lincoln Avenue and Sumner Place in the CH-lO,000 Zone. Mr. Lamm presented
the plot plan and elevations and slides of the s~ject property. Staff expressed
concen~ that the property was the largest undeveloped commercial parcel in tl~e
City outside of the Bxsiness Park and the proposed use would not contribute sub-
stantSally to the City's tax base. Staff further felt the proposed use repre-
sented an underutilization of the property and staff did not support the appli-
cation.
Mayor Rowan opened the publSc hearing and asked if the applicant wished to speak.
Mr. George Nelson, president of U-Haul Company of Orange County, 860 S. Placentia,
P]acentia, the applicant, stated they considered Cypress as the hub city for the
western Orange County area and that they have looked for property over the last
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City Council Minutes
February 25, 1980
two years in the Cypress area for this size development. He reported the primary
business would be renting utility trucks for household moving, and they do not
rent commercial vehicles. Mr. Nelson stated the two U-Haul businesses currently
in Cypress serve only existing needs and have no growth potential. He felt that
with many service stations being changed to self-serve there would be fewer oppor-
tunities to rent U-haul vehicles by self-movers. Mr. Nelson felt it would be
many years before the community would sdpport retail business on the subject
property. He reported their investment would be approximately $2 million and
the rental business would generate about $500,000 annual taxable retail sales,
or $5,000 sales tax revenue to the City. He reported there would be 25 employees.
Mr. Dennis Spar, 5052 Pine Circle, La Palma, half owner of the property, reported
that the property has been ]n escrow twice and it has never closed for a con~ercial
development. He felt that Lincoln Avenue is saturated with commercial use and
there are many commercial vacancies. He stated he would like to improve the prop-
Mayor Rowan asked if anyone wished to speak in opposition to the application.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt the rental business would be
an improper use of commercial property and he felt it should be located in an
industrial zone. He stated the City needs a commercial tax base and the $5,000
annual sales tax revenue from this use would not be of great benefit.
Councilwoman Evans asked the City Attorney to review the purpose of a conditional
use permit. Mr. Murphy advised that a conditional use permit is required for uses
potentially acceptable in a particular zone because the characteristics of the
use may be detrimental, at certain locations, to the surrounding properties.
He stated the applicant must substantiate the application by presenting the Coun-
t:il with ~vidence so that they may make necessary findings relative to the use
at a particular location. Councilwoman Evans stated she felt the proposed bus-
incas was an industrial use which did not fit in tbe commercial area on Lincoln
and would not fulfill the City's need for commercial sales tax. She felt the
uae would require many conditions in order to make it compatible for the area
and that Jt would not serve the best interests of the community's long-range plans.
It was moved by Councilwoman Evans and seconded by Councilwoman MacLain to close
the public hearing and adopt the following Resolution by title only, title as
follows, denying the application:
RESOLUTION NO. 2198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING CONDITIONAL USE PERMIT NO. 80-1.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Evans,
NOES: I COUNCILMEMBERS: Rowan
ABSENT: 0 COUNCIL~MBERS: None
Hudson, Lacayo & MacLaln
Mayor Rowan expressed objection to the fact that the proposed use was permitted
in the zone, the applicant had agreed with the conditions attached to the use
permit, and the Council made decisions based on economic factors. (]oun<'ilman
Hudson stated he agreed with Councilwoman Evans' comments and he noted that cir-
cumstances have changed frequently on Lincoln Avenue. He recommend~,d a re, view of
the CH-lO,000 Zone to determine if it Js appropriate zoning for Lincoln Avcnut, and
a review of the permitted uses in that zone.
It was moved by Councllman Hudson, seconded by Councilwoman MacI,ain and unanimously
carried to direct staff to undertake a study of the CH-10,000 Zone in order to
d~termine appropriat0 uses for the zone and present a report (status) ~or the
March 10 meeting. Councilwoman MacLain recommended that staff present graphic
examples of the uses under consideration.
CONTINUATION OF CONSIDERATION OF REQUEST FROM THE V.F.W. FOR A FACILITY LOCATION:
The City Manager presented a report dated February 21 and stated the VFW requested
that this item be continued indefinitely. He reported the VFW will continue to
meet with the staff on potential sites for a VFW facility.
-5-
4~ty Council Minutes
February 25, 1980
It was moved by Councilman Lacayo and seconded by Councilwoman Evans to continue
the item regarding the VFW facility location. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacavo, MacLain & Rowan
None
None
CONTINUATION OF CONSIDERATION OF DETERMINATION OF UNLISTED USE PROPOSED IN THE
LIGHT INDUSTRIAL ZONE: The City Manager presented a report dated February 19
indicating this matter was continued from the February 11 meeting.
Mr. Norman Speer, owner of Cypress Lumber, reported he had investigated twelve
possible uses for the property and that he would like to develop the paper recycling
operation on the property. He felt the operation would be a good interim use and
he reported he is not negotiating a long-term lease with the applicant. Mr. Speer
stated he had slides to present of the area.
The Planning Director presented slides of the paper recycling plants staff visited
in the Cities of Westminster, Long Beach and Gardena and presented Mr. Speer's
slides which showed the property uses along Electric Street. The uses included
Superene Feed, a machine shop, roofing company, motor transport operation and an
excavation company. Mr. Speer stated their preperty is a poor retail location
since it is not visible from Walker Street. Mr. Speer reported he is negotiating
a five-year lease with options to renew providing the applicant can meet City
imposed conditions. Mr. Speer reported the applicant proposes to spend $100,000
for property improvements which include a seven-foot-high block wall across the
property frontage with screening. He stated the only other prospects for the
property have been truck lines and he did not wish to increase the truck traffic
on the street. Mr. Speer stated he did not object to having the Council review
the conditional use permit after a five-year period.
Following discussion by the Council, it was moved by Councilwoman Evans and sec-
onded by Councilman Hadson to determine that a waste paper recycling operation Cs
a conditionally permitted use in the ML-10,000 (Light Industrial) Zone. 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 LEASE AGREEMENT WITH THE CYPRESS SCHOOL DISTRICT FOR PORTION OF
THE CYPRESS SCHOOL FACILITY: The City Manager presented a report dated February
21 outlining the terms of the proposed lease. The City Attorney transmitted
copies of the lease to the Council. The City Manager reported that the School
District is anxious to proceed and plans to advertise this week and proceed with
the legal requirements to make the site available for lease.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to approve
the draft lease document and continue negotiations with the School District, with-
holding final approval of the lease until the Council is presented with mutually
agreed upon terms. The motion unanimously carried by the following roll call vote:
AYE S:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
Hearing no objections, Mayor Rowan took Item #24 out of order for the benefit of
persons in the audience.
SECOND READING OF ORDINANCE RELATING TO FIREWORKS: The City Manager stated the
Ordinance was on the agenda for adoption by the Council. Mayor Rowan asked if
anyone wished to speak on this matter.
Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, stated he felt both sides of the
issue were not adequately discussed at the last Council meeting and that the Council
heard emotional testimony from proponents of a fireworks ban. Mr. Mullen felt the
proposed ban would dramatically increase the use of illegal fireworks and that the
ban would be futile since residents could go to other cities to purchase fireworks.
-6-
City Councl] Minutes
48i
February 25, 1980
He stated the many community organizations whlch raise funds through fireworks
stands will lose revenue to other cities. Mr. Mullen stated be supported an
age restriction of 18 years for purchasers of fireworks and he indicated the
American Legion Post supported a sales period of 48 hours.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt that minors cannot be trusted
with fireworks and that the City's ordinance would make a difference in that it
would allow residents themselves to take action to prevent fireworks use.
Mr. Lou Santo, 4597 Everest, Cypress, recommended that the Council conduct a
publicity campaign if it adopts the Ordinance and not just depend on newspaper
coverage. He felt parents would enforce the Ordinance with their own children.
Mr. Bill Hargrove, representing the Red Devil fireworks Company, reported that a
resolution urging a total State-wide ban on fireworks was considered at a January
meeting of the League's Public Safety Committee and the committee took no action on
the resolution relating to safe and sane fireworks but instead indicated they would
encourage state legislators to provide funding and education to cities to combat
illegal fireworks. Mr. Hargrove stated the fireworks industry spends more money
than the State to fight illegal fireworks.
Mr. Mark MacLain, 4042 Marion, Cypress, a Scout Master for a Boy Scout Troop,
reported that the troop tried other fund raising projects such as delivering tele-
phone books, which was taken over by a professional agency, and door-to-door ticket
sa]es for Scout-o-Rama. He indicated many people are not receptive to door-to-door
solicitation because of the possibility of fraud and it can also be dangerous to
the children soliciting. He felt elimination of the fireworks stands as a revenue
source would be a dis-service to the boys' groups.
Mr. Bob Berkley, representing Freedom Fireworks Company, 13500 Excelsior, Norwalk,
reported that he was instrumental in recommending the four-day sale period and age
limitation that was applied in the Cities of Cypress, La Palma and Anaheim about
four years ago. He stated that safe and sane fireworks stands are closely controlled
by the State Fire Marshal and fires usually result from illegal fireworks. He felt
the City's proposed ordinance would be ineffective in solving the problem.
The Council held discussion on the fireworks problem and proposed Ordinance.
Councilmembers Hudson and Rowan spoke in support of adopting the Ordinance. Mayor
Rowan stated for the record that the Council received a letter from Ms. Pam Nagle
who did not feel the Ordinance would work, and a letter from Mr. John Young who
approved a total prohibition. Councilman Lacayo felt the Ordinance would be in-
effective without community support and similar action by neighboring cities.
It was moved by Councilman Hudson and seconded by Mayor Rowan to order the following
Ordinance read by title only, title as follows, and to adopt the Ordinance:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REPEALING SECTION 5-2(d)(4) OF THE CYPRESS CITY CODE
RELATING TO FIREWORKS.
The Council continued discussion of the matter. Councilwoman MacLain indicated
she felt uncomfortable with the action taken at the last meeting calling for a
total ban and she felt the proposed Ordinance lacked enforceability and the support
of the community. She stated she supported a 36-hour sales restriction and certain
conditions applied to fireworks permits including: (1) no fireworks stands may be
erected prior to three days before the fourth of July; (2) that the purchase age
be ]8 years and that this be posted on a sign at each stand, and that all vendors
be informed of the City and State regulations on age: (3) that a sign be posted
at each stand indicating that a driver's license will be required for fireworks
purchase as a proof of age; and (4) that when vendors apply for a fireworks permit
they be informed that selling fireworks to an under-age person may result in revo-
cation of their permit and their ineligibility for being granted a future permit.
Councilwoman MacLain felt that purchases of fireworks are being made by under-age
children from fireworks stands and she recommended that the fireworks stands be
monitored by the City to prevent this violation. Councilwoman Evans stated she
supported such an Ordinance as recommended by Councilwoman MacLain. She felt a
-7-
February 25, 1980
total prohibition lacked community support and would arbitrarily penalize City
service organizations and further it would be difficult to enforce. She stated
she still supported County-wide control and seeking a 24-hour sales restriction.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt fireworks manufacturers
should be responsible for informing the public about the dangers of fireworks.
He felt a total ban would reduce the hazards. He felt decreasing the sales hours
would not solve the problem since parents are able to buy fireworks for their
children. He felt Cypress should set a good example for other communities by
adopting the Ordinance.
The motion to adopt the Ordinance failed to carry by the following roll call vote:
AYES:
NOES:
ABSENT:
2 COUNCILb~MBERS:
3 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Hudson & Rowan
Evans, Lacayo & MacLain
None
It was moved by Councilwoman MacLain and seconded by Councilwoman Evans to direct
the City Attorney to draft an Ordinance for the March 10 meeting which restricts
the sale of fireworks, subject to the conditions recommended by Councilwoman MacLain,
with the time limitation to be determined by the City Council.
Councfflman Hudson suggested that the ordinance contain a requirement that fireworks
companies and fireworks stand operators show bonded indemnity before selling fire-
works in Cypress. The City Attorney indicated he would research this matter.
The motion carried by the following roll call vote:
AYES: 4 COUNCIL~MBERS: Evans, Lacayo, MacLain & Rowan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINING: 1 COUNCILMEMBERS: Hudson
SECOND READING OF ORDINANCE RE: AFFORDABLE HOMEOWNERSHIP & REHABILITATION PROGRAM:
It was moved by Councilman Lacayo and seconded by Councilwoman MacLa~n to order
the following Ordinance read by title only, title as follows, and to adopt the
Ordinance:
ORDINANCE NO. 654
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 650 RELATING TO THE CITY OF CYPRESS
AFFORDABLE HOMEOWNERSHIP AND REHABILITATION PROGRAM.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
() COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
CONSIDERATION OF TRANSITION OF CETA EMPLOYEE TO GARAGE MECHANIC'S HELPER: The
City Manager presented a report from the Public Works Director dated February 19
who recommended that the CETA employee be assigned a permanent position as Haint-
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to: (1)
authorize an additional Maintenance Man I position to be assigned to the City
Maintenance Garage; (2) authorize transition from CETA employee status to Maint-
enance Man I position for the present employee; and (3) appropriate funds to the
following accounts to cover the extra personnel costs for April, May and June
4001-621.07 -
400]-634.07 -
4006-621.07 -
4006-634.07 -
$1,450.00
1,450.00
820.00
820.00
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 CO[ff4C ILMEMBERS:
0 COUNC [LMEMBERS:
Evans, Hudson, Lacayo, MacI,a]n & Rowan
None
None
-8-
City Council Minutes February 25, 19848~
CONSIDERATION OF REQUEST FOR PURCHASE OF REPLACEMENT TYPEWRITERS: The City Manager
presented a report dated February 21 indicating that the County requested the
return of certain equipment used by CETA employees at the termination of the CETA
Program. Staff recommended that the City replace this equipment which is now in
use by former CETA participants in City and Park District departments.
It was moved by Councilman Lacayo and seconded by Mayor Rowan to: (1) authorize
a budgeted transfer from the General Fund fund balance in the amount of $3,340
to the Central Services Fund to the following accounts:
90-4116-651-36 -
90-4317-651-36 -
90-4318-651-36 -
$1,670
835
835
(2) acting as the ex officio Board of Directors of the Cypress Recreation and
Park District, authorize a budgeted transfer from the General Fund fund balance
in the amount of $835 to the Central Services Fund Account #90-4654-693-74. 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 APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman
Hudson and seconded by Councilman Lacayo to approve the Warrant List for Warrants
#54339, #54419 through #54544 in the total amount of $438,695.47. 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 APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST:
Acting as the ex officio Board of Directors of the Cypress Recreation & Park
D~str~ct, it was moved by Councilman Lacayo and seconded by Councilwoman MacLain
to approve the District Warrant List for Warrants #10164 through #10197 in the
total amount of $24,647.50. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCIL}~MBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
Nearing no objections, Mayor Rowan added Item #27 to the agenda regarding the
demonstration program for electric vehicles.
The City Manager presented a report from the Public Works Director dated February
22 indicating that Cypress was selected for the demonstration grant. Staff recom-
mended that certain forms be resubmitted to show a revised cost participation by
the City and Department of Energy.
It was moved by Councilwoman MacLain and seconded by Councilwoman Evans to auth-
orize staff to revise Form lA and Form 60 of the Cost Proposal for the Electric
Vehicle Demonstration Project as outlined in the staff report. 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
MINUTES: The City Manager advised the Council of a correction to the February
4 minutes regarding a proposed monthly, not hourly, increase in the rubbish
contractor's fee.
It was moved by Councilman Hudson, seconded by Councilwoman MacLain and unani-
mously carried to approve the minutes of February 4, February 5, and February 11,
with Coun~ilman Lacayo abstaining on the minutes of February 11.
Councilwoman Evans requested that a supply of City Council agendas be available
at tbe Police Department prior to meetings, and that staff issue a press release
stating tbat they are available.
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City Council Minutes
48 1 ehruary 198o
At Councilwoman MacLain's request, the Mayor added an item to the agenda regarding
street sweeping.
Councilwoman MacLain stated the Council received a letter from a Tanglewood resi-
dent who indicated there is a great deal of street parking in the development and
requested that opposite sides of a street be swept on different days to permit
parking on one side on a sweeping day. Mayor Rowan felt the City's ordinance
should contain special provisions for holidays and provisions for a permit system
for hardship cases. The Council requested a staff report on this matter for the
March 10 meeting.
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.
it was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve
Items #1 through #12 on the Consent Calendar. The motion unanimously carried by
the fo]lowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
Item #1: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consid-
eration by Title Only, and to Waive Further Reading.
item #2: Consideration of Proclaiming the Week of March 17-21, 1980 as Quality
Week.
Recoramendation: That the Mayor and City Council officially proclaim the week
of March 17-21, 1980 as "Quality Week" in the City of Cypress as requested.
Item #3: Consideration of Request to Proclaim the Month of March 1980 as Ameri-
can Red Cross blonth.
Recommendation: That the Mayor and City Council officially proclaim the month
of March 1980 as "American Red Cross Month" in the City of Cypress.
Item #4: Consideration of Resolution Commending Eagle Scout Sean Eyre.
Recommendation: That the City Council adopt the following Resolution by title
on]y, title as follows:
RESOLUTION NO. 2199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COb[MENDING BOY SCOUT SEAN EYRE ON ACHIEVING THE RANK
OF EAGLE SCOUT.
Item #5: Consideration of Employment List - Police Clerk.
Recommendation: That the City Council certify the employment list for the
position of Police Clerk as submitted.
item #6: Consideration of Cooperative Agreement for Repairs to Lincoln Avenue
in the Cities of Cypress and Buena Park, City of Cypress Project #8018-10.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows, approving execution of the Cooperative Agreement between
the City and the State for the repairs of Lincoln Avenue from the west City
Limit of Cypress at Bloomfield Avenue to Knott Awnue in the City of Buena Park
and County of Orange, City of Cypress Project #8018-10, subject to review of the
Agreement by the City Attorney:
RESOLUTION NO. 2200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DISTRICT AGREEMENT NO. 3525 BETWEEN THE CITY
OF CYPRESS AND THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR REPAIRS OF LINCOLN AVENUE.
-10-
City Council Minutes February,25.' 198048~
Item #7: Consideration of Weed and Rubbish Abatement Program Resolution Auth-
orizing Posting of Properties and Declaring City's Intention to Abate.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows, declaring that the listed properties constitute a public
nuisance; declaring the City's intention to abate; directing the Street Superin-
tendent to post notices; and setting the time and place for the public hearing
of objections to the proposed abatement:
RESOLUTION NO. 2201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND
RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN
PROPERTY IN THE CITY OF CYPRESS CONSTITUTE A PUBLIC
NUISANCE, DECLARING ITS INTENTION TO PROVIDE FOR THE
ABATEMENT THEREOF, AND SETTING A PUBLIC HEARING THEREON.
Item #8: Consideration of Agreement for Traffic Signal Modification at Ball
Road and Walker Street, Local Agency-State Agreement #07-5330-HES-L060(1) City
of Cypress Project #7720-50. '
Recommendation: That the City Council approve Supplement #8 to Local Agency-
State Agreement #07-5330 and authorize the Mayor to sign and the City Clerk
to attest.
Item #9: Consideration of Adoption of a Mobile Food Preparation Vehicle Ord-
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
AMENDING SECTIONS 13-1.1 AND 13-1.2 OF, AND ADDING SECTIONS
13-2 AND 13-3 TO THE CODE OF THE CITY OF CYPRESS RELATING
TO THE REGULATION OF MOBILE FOOD PREPARATION VEHICLES.
Item #10: Consideration of Resolution Commending Eagle Scout Asbish M. Mebta.
Recommendation: That the City Council adopt the following Resolution by title
on]y, title as follows:
RESOLUTION NO. 2202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING BOY SCOUT ASHISH M. MEHTA ON ACHIEVING THE
RANK OF EAGLE SCOUT.
Item #11: Consideration of Renewal of Contract for a Two-Year Period to Supply
and Launder Uniforms, Request for Quotation #7576-39.
Recommendation: That the City Council renew the contract for a two-year period
with Prudential Overall Supply, P. O. Box 11210, Santa Ana, California, total
contract not to exceed $17,500.00.
Item #12: Consideration of Legislative Bulletin #6-1980 from the League of
California Cities Dated February 15, 1980.
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
support of A.B. 2059.
ORAL COMMUNICATIONS: Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, requested
that the City Council's proposed newspaper advertisement objecting to drug para-
phernalia be published following the April 8 election.
-11-
City Council Minutes
February 25, 1980
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, inquired about Item #12 on the
Consent Calendar pertaining to Assembly Bill 2059. The City Attorney reported
that AB 2059 related to the lack of a requirement for a traffic study as a condi-
tion preceding radar enforcement on secondary streets.
ADJOURNMENT: Hayor Rowan adjourned the meeting at 11:54 p.m. to Monday, March 3,
1980 at 7:D0 p.m. in the Administrative Conference Room for a joint meeting with
the Cypress Boys' Club Board of Directors.
ATTEST:
CITY C--~R~ OF THE-CITY OF CYPRESS
-12-