Minutes 80-03-10489
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
March 10, 1980
The regular meeting of the Cypress C~ty Council was called to order at 6:31 p.m.
on Monday, March 10, 1980 in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Howard Rowan presiding.
PRESENT:
ABSENT:
Councilmembers Evans, Hudson, MscLain and Rowan
Councilman Lacayo
Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy,
and the following City staff members: Davenport, DeCarlo, Duke, Lamm, Powell and
Schatzeder.
PLEDGE OF ALLEGIANCE: Pam Lincoln of the News Enterprise led the pledge to the
flag.
RFCESS: Mayor Rowan recessed the meeting at 6:34 p.m, to allow the Council to
tour the Police Department's new cr~me prevention mobile unit. The meeting was
called back to order at 6:40 p.m. with Councilman Lacayo absent.
ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak in regard to any
matter which was not on the agenda. No one wished to speak.
ORESENTATIONS: Mayor Rowan presented a five year employee service pin to Police
Officer Michael Haas, and ten year service pins to Deputy City Clerk Lillian Haina
and Building Superintendent Ray Warren in recognition of their employment with
the City.
MINUTES: It was moved by Councilman Hudson, seconded by Councilwoman MacLain and
unanimously carried to approve the minutes of Februsry 25.
STAFF REPORTS & DISCUSSION: At the City Manager's request, Mayor Rowan added
Items #23a to the agenda regarding the VFW facility location and Item #24a regard-
ing the lease of the Cypress School. The City Manager also requested an Executive
Session for matters of litigation and personnel.
Mayor Rowan advised the Council that Mayor Jim Ward of Santa Ana was appointed to
serve as the 38th congressional district's representative to the League's revenue
sharing task force.
CONSIDERATION OF AWARD OF CONTRACT FOR TV SECURITY CAMERA WITH ATTACHMENTS, RE-
QUEST FOR QUOTATION #7980-33: The City Manager presented a report from the
Finance Director dated March 5 outlining four bids received for the security
equipment to be installed in the front area of the Police Department.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to accept
the bid of Pacific Video Products, Inc., 2600 E. Katella, Anaheim, California,
as the lowest responsible bidder and award them the contract in the amount of
$2,415.90. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEbiBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
CONSIDERATION OF AWARD OF CONTRACT FOR CONVERSION OF CITY-OWi~ED STREET LIGHTS
TO HPS, CITY PROJECT #8021-50: The City Manager presented a report from the
Public Works Director dated March 3 indicating that plans were sent to four con-
tractors and only one bid was received. The project involved about 60 City-owned
street lights. The City Manager corrected the recommendation on the report.
It was moved by Councilwoman MacLain and seconded by Mayor Rowan to: (1) appro-
priate $6,763.00 from the Lighting District fund to Account #10-4186-580-25; (2)
determine that Baxter Griffin, 8210 Monroe, Stanton, California, is the lowest
responsible bidder for conversion of City-owned street lights to HPS and award
March 10, 1980
them the contract in the smount of $28,694.00; and (3) transfer appropriations
of $24,800.00 from Project #538 to Account #10-4186-580.25. The motion unani-
mously carried by the following roll cai] vote:
AYES: 4 COUNCILMEMBERS: Evans, Hudson, MacLain & Rowan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
CONSIDERATION OF AWARD OF CONSTRUCTION SURVEY CONTRACT~ ORANGE AVENUE IM~ROVEY[ENTS~
AHFP NOS. 1003 & 1004~ CITY OF CYPRESS PROJECT #7726-10: The City Manager presented
a report from the Public Works Director dated March 5 which outlined the three bids
received.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to determine
that Duca and McCoy, 3840 E. Coast Highway, Corona del Msr, California, is the
lowest responsible bidder and award them the contract for the construction survey
of Orange Avenue, Project #7726-10-1003 and 1004 per their proposal in the amount
of $1,750.00. The motion unanimously carried by the fol]owing roll call vote:
AYES: 4 COUNCILMEMBERS: Evans, Hudson, MacLain & Rowan
NOES: 0 COUNCIL~MBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF ORANGE AVENUE FROM
DEbrNI STREET TO 850' WEST OF DENNI STREET~ AHFP NOS. 1003 & 1004} CITY OF CYPRESS
PROJECT #7726-10: The City Manager presented a report from the Public Works
Director dated March 5 outlining 1.4 bids received. Staff reported the project
included street improvements and sidewalk construction on the south side of Orange.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to deter-
mine that the lowest responsible bidder for Project #7726-10-1003 and 1004 is
Sully-Miller Contracting Company, P. O. Box 432, Orange, California, and award
them the contract for Orange Avenue street improvements in the amount of $60,764.00.
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
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, asked how the improvements would
be ftmded. The staff reported that the improvements would be funded by the City
based on the critical need in this area to improve pedestrian safety and further
indicated that the right-of-way was acquired at no cost to the City.
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 Hudson and seconded by Councilwoman MacLain to approve
Items #5 through #19 on the Consent Cslendar. 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
Item #5: Motion to Introduce and/or Adopt Ail Ordinances Presented for Considera-
tion By Title Only and to Waive Forther Resding.
Item #6: Consideration of Request for an Exemption from a Special Permit for the
American National Volleyball Association.
Recommendation: That the City Council grant the request of the American National
Volleyball Association to conduct a fund raising drive in the City of Cypress from
March 15, 1980 through March 15, 1981, and that they be granted an exemption from
a Special Permit pursuant to Section 15-57 A(1)(b) of the City Code, with solici-
tation limited to the hours of 9:00 a.m. to 6:00 p.m., Monday through Saturday,
on the condition that a list of the names and addresses of all solicitors and
responsible individuals be submitted immediately to the Cypress Police Department.
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City Council Minutes March 10, 1980
Item #7: Consideration of Resolution Commending Boy Scout Charlies Lystrup.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMM~NDING BOY SCOUT CHARLIE LYSTRUP ON ACHIEVING THE
RANK OF EAGLE SCOUT.
Item #8: Consideration of an Application for Alcoholic Beverage License Transfer
Filed by Merry C. Rangel, DBA Mr. T's, 10461 Denni Street, Cypress.
Recon~endation: Receive and file.
item #9: Consideration of an Application for An Original Alcoholic Beverage License,
Type "20" (Off Sale Beer & Wine), Filed by David A. Goettsch and Norman L. Jaynes,
Jr., DBA Mr. Keg, 5892 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
item #10: Consideration of Employment List - Community Service Officer.
Recommendation: That the City Council certify the employment list for the position
of Community Service Officer as submitted.
Item #11: Consideration of Employment List - Program Coordinator, Cypress Recrea-
tion & Park District.
Recommendation: That the City Council, acting as the ex officio Board of Directors
of the Cypress Recreation & Park District, certify the employment list for the
position of Program Coordinator as submitted.
Item #12: Continuation of Consideration of Compiaints Re: Activities at the
Cypress Plaza East Shopping Center (Ball & Valley View).
Recommendation: That the City Council continue consideration of this item to the
Council meeting of Monday, Harch 24, 1980.
Item #13: Consideration of City Participation in a County-Wide Law Enforcement
Entitlement Program.
Recommendation: That the City Council authorize the Mayor to sign and the City
Clerk to attest a contract creating a County-wide Entitlement Jurisdiction pursuant
to the Justice System Improvement Act 96-157.
ltem #14: Consideration of Planning Department Report Concerning Comprehensive
Amendments to the Zoning Ordinance.
Recommendation: That the City Council receive and file the staff report and con-
tinue this matter to the Council meeting of May 12, 1980.
Item #15: Consideration of Renewal of Service Agreement for Telephone Equipment
Maintenance.
Recommendation: That the City Council authorize staff to enter into a per cal
maintenance agreement with the ITT Company as outlined in the staff report.
item #16: Consideration of Legislative Bulletins #7-1980 and #8-1980 from the
League of California Cities Dated February 22, 1980 and February 29, 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 SB 937 (Public Employees' Retirement System Benefits) and the City's opposition
to AB 1000 (Registered Construction Inspectors Practice Act) and AB 2049 (Increased
Truck Weight for Vehicles Carrying Agricultural Products and Metal Cans).
-3-
Item #17: Consideration of Amendments to Memoranda of Understanding for Maint-
enance Personnel.
Recommendation: That the City Council: (1) ratify the amendment to Memorandum of
Understanding for the Cypress Maintenance Employees' Association relative to an
increase in safety shoes or boots reimbursement; and (2) acting as the ex officio
Board of Directors of the Cypress Recreation & Park District, ratify the amendment
to the Memorandum of Understanding for the Orange County Employees' Association
relative to an increase in safety shoes or boots reimbursement.
Item #18: Continuation of Consideration of Report on Street Sweeping.
Recommendation: That the City Council continue consideration of this street
sweeping report to the Council meeting of March 24, 1980.
Item #19: Consideration of Report on the Operation of the Cypress Pump Station.
Recommendation: That the City Council continue consideration of this matter to
the meeting of March 24, 1980.
CONTINUATION OF PUBLIC HEARING RE: MODIFICATION TO CONDITIONAL USE PERMIT #75-6~
CYPRESS LODGE MOTEL, 5601 LINCOLN AVENUE: The Planning Director presented a report
dated March 4 on staff's survey of motels and motel development standards in sur-
rounding cities. Most cities surveyed established a maximum percentage of motel
units which may contain kitchenettes. Staff indicated they felt the existing
Zoning Ordinance definitions were adequate for motels and hotels but they recom-
mended that a maximum 30 day occupancy limit be applied to the subject application
due to the high percentage of kitchenette units proposed.
Mayor Rowan opened the hearing and asked if the applicant wished to speak.
Mr. Roland Jensen, the applicant, 1010 E. Chestnut, Santa Ana, reported the mote]
[s operating at a 40% occupancy, and the kitchenette units are full. He requested
that the Council approve the increase in the number of kitchenette units which he
felt would be beneficial to both the City and applicant.
Mayor Rowan asked if anyone wished to speak in opposition to the application.
No one wished to speak in opposition.
Mayor Rowan stated that, following the last hearing on this matter, he noticed
a newspaper article advertising the Cypress Lodge units as unfurnished apartments
and he indicated one of the Council's major concerns was having tbe motel used
as apartments. The staff read the advertisement from the February 4 Register
newspaper. Mr. Jensen replied that the management company was seeking to increase
revenue from the project and that the units, without kitchenettes, were being
advertised as available. They felt there was a need for such units by persons
who are, for example, in the process of buying a new home and who need an interim
dwelling. Mr. Jensen stated he did not object to prohibiting occupancy in the
units over 30 days.
Councilwoman Evans stated she supported a percentage limit on the number of kitchc~n-
ette units and asked if other motels in the City would be non-conforming if this
standard was approved.
COI~CILMAN LACAYO ARRIVED AT 7:30 P.M.
The City Attorney advised that if the Council approved a percentage limit on
kitchenettes lower than what currently exists, the action would make existing
motels in the City legal but non-conforming. Councilwoman Evans stated she
objected to having the motel used as substandard housing.
It was moved by Councilwoman Evans and seconded by Councilman Hudson to close the
public hearing and adopt the following Resolution by title only, title as follows,
denying the Modification to Conditional Use Permit #75-6:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF CYPRESS
DENYING MODIFICATION TO CONDITIONAL USE PERMIT NO. 75-6.
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C~ty Council Minutes
March 10, 1980
Councilman Lacayo asked if he should abstain from voting since he had missed a
portion of the discussion and the City Attorney advised that he should abstain.
The motion failed to carry by the following roll call vote:
AYES: 2 COUNCILMEMBERS: Evans & Hudson
NOES: 2 COUNCILMEMBERS: MacLain & Rowan
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINING: 1 COUNCILMEMBERS: Lacayo
Councilman Lacayo stated for the record that he had read the staff report and
was present at the first public hearing on this matter. He stated he would listen
to the tape recording of tonight's hearing.
Hearing no objections, Mayor Rowan continued this item to the March 24 meeting.
Mr. Lou Santo, 4597 Everest, Cypress, asked why Councilman Lacayo voted on the
matter relating to adoption of the fireworks ordinance at the February 25 meeting
when he was absent at the February 11 meeting when the ordinance was presented for
its first reading. Councilman Lacayo responded that he had read the minutes of the
February 11 meeting and was familiar with the discussion that had taken place.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-3, CONTRACTOR'S YARD, 8851 WATSON
STREE%: The Planning Director presented a report dated March 5 describing the
application to establish a contractor's yard including construction of an indus-
trial building and outdoor storage of contractor's equipment at 8851 Watson Street
in the ML-10,O00 Industrial Light Zone. He presented the plot plan and elevations.
Staff recommended approval of the application subject to 17 conditions of approval.
Mayor Rowan opened the hearing and asked if the applicant wished to speak.
Mr. Ken Thompson, the applicant, 8312 Meadowlark Lane, La Palma, stated he wished
to build the office for himself and for three similar contractor's such as plumbing
and heating/air-conditioning.
Mayor Rowan asked if anyone wished to speak in support or in opposition. There
was no one wishing to speak in support or in opposition.
It was moved by Councilwoman MacLain and seconded by Councilman Hudson to close
the public hearing and adopt the following Resolution by title only, title as
follows:
RESOLUTION NO. 2204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 80-3 - WITH CONDITIONS.
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 #80-4, PRIVATE RECREATION FACILITY
JHEALTH CLUB), 6344 LINCOLN AVENUE: The Planning Director presented a report
dated March 4 describing the application to establish a private recreation fscil-
ity (Nautilus World health club) at 6344 Lincoln Avenue, south side, between
Valley View and Holder, in the CH-10,000 Commercial Heavy Zone. Staff recommended
approval subject to five conditions, one of which prohibited the installation
of "body tanning booths" until State and Federal safety regulations have been
established for such equipment.
Mayor Rowan opened the hearing and asked if anyone wished to speak in support or
in opposition to the application. No one wished to speak in support or in opposi-
tion.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to close
the public hearing and adopt the following Resolution by title only, title as follows:
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City Council Minutes March 10, 1980
494
RESOLUTION NO. 2205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 80-4 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILM~MBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 80-1~ PROPERTY DEVELOP-
MENT STANDARDS FOR THE RESIDENTIAL ZONES: The Planning Director presented a report
dated March 4 which transmitted an Ordinance incorporating modified setback require-
ments for the RS-6000 single-family and RM-20/A multiple family residential zones.
Mr. Lamm responded to questions from the Council regarding the new Ordinance pro-
visions. Councilwoman Evans expressed concerns about the proposed 10 foot rear
setback and stated she preferred a 15 foot setback to protect homeowners' privacy.
Mayor Rowan opened the hearing and asked if anyone wished to speak in support of
the application. No one wished to speak in support. He asked if anyone wished to
speak in opposition.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated be objected to the proposed
i0 foot rear setback as it relates to a two-story addition since it would infringe
on the privacy of an adjacent homeowner. He felt allowing for such additions would
increase the housing density and change the character of a neighborhood. He felt
the rear setback should be at least 20 feet. He recommended that the ordinance
contain a prohibition against windows on the side of a room addition which abut
an adjacent home.
Mayor Rowan asked if anyone else wished to speak. No one else wished to speak.
Following further discussion of the proposed amendment by the Council, it was
moved by Councilman Hudson and seconded by Councilwoman MacLain to approve staff's
recommendations, order the following Ordinance read by title only, title as follow~,
and to approve the first reading of the Ordinance:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING SUBSECTION 7 TO SECTION 9.2A, AMENDING SECTION 9.2B,
AND DELETING SECTION 17.7-1J OF ORDINANCE NO. 640, THE
ZONING ORDINANCE OF THE CITY OF CYPRESS.
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
In regard to Item #23a concerning the V.F.W. facility location, the City Manager
reported that the VFW Post 9847 requested that a two-member Council committee be
formed to meet with a committee from the VFW to discuss potential sites and build-
ing availability for a VFW meeting facility. Councilwoman Evans and Mayor Rowan
volunteered to serve on the Council committee and Mayor Rowan indicated that fol-
lowing their meeting, discussion could be held on scheduling a special meeting
between the VFW and entire City Council.
CONTINUATION OF CONSIDERATION OF FIREWORKS CONTROL ORDINANCE: The City Manager
presented a report dated March 6 indicating the City Attorney prepared an ordinan~:e
as directed by the Council at the February 25 meeting. The City Attorney reviewed
the provisions of the ordinance which incorporated the Council's recommendation~
made at the previous meeting. The proposed ordinance would reduce the hours of
fireworks sales from 36 hours to 24 hours, and change the age restriction of the
purchaser from 16 to 18. Councilwoman MacLain further recommended that the minimum
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City Council Minutes March 10, 1980
age of persons permitted inside a fireworks stand be 18, and not 16. The City
Attorney reported that paragraph 17 specifies the amount of insurance coverage
to be provided by a stand operator. Mayor Rowan recommended that the personal
injury amount be changed from $300,000 to $500,000. The City Attorney indicated
that the proposed ordinance would name the City as an additional insured. He
stated that paragraph 18 was new, containing an indemnification provision, as
well as paragraph 19 providing dates to move a fireworks stand on and off the
property. Paragraph 20 incorporated Councilman Hudson's suggestion and would
require a stand operator to post a cash deposit, bond or letter of credit to be
used as compensation in the event of personal injuries or property damage resul-
ting from fireworks' use. He indicated this payment would be supplemental to a
homeowner's insurance settlement.
Councilwoman MacLain recommended that the ordinance prohibit persons operating
a fireworks stand from going outside the stand and selling fireworks to persons
under 18 years of age. She also suggested that the hours of sales be noon to
8:00 p.m. on July 2, 10:00 a.m. to 10:00 p.m. on July 3, and 10:00 a.m. to 8:00 p.m.
nn duly 4. She felt fireworks stands probably would close earlier than 8:00 p.i'l. ~m
.7u]y 4. Councilman Hudson suggested that the total amount of cash deposits in
paragraph 20 be set at $100,000. He felt this ~rovision may set an example for
other cities to follow.
Councilwoman Evans stated the cash deposit requirement may prevent community
organizations from operating fireworks stands because of the high cost and would
penalize these groups. She felt the City should seek the support of fireworks
manufacturers to encourage State legislation controlling fireworks. She stated
she agreed with sale hours of 10:00 a.m. to 10:00 p.m. on July 3 and 4. Council-
man Hudson agreed that fireworks' manufacturers should be made responsible for
payment of the cash deposit. Councilman Lacayo felt the compensation pool of
funds should come from the fireworks' manufacturer and wholesaler but be felt
State legislation was necessary to effect this requirement.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt the proposed ordinance would
prevent persons who suffer damage from illegal fireworks from collecting compensations
from the City. He felt a total ban would at least reduce the number of fireworks
i~ the City and if the City's ban were successful, other ~'itles may take similar
action.
Mr. Lou Santo, 4597 Everest, Cypress, felt the proposed ordinance would be irmf-
~ective without other cities' cooperation. He felt the fireworks companies
be responsible for payment of the compensation pool since community organizati~ms
~'ould not afford to pay the cash deposits. He felt that limiting the number of
davs fireworks are sold may cause people to increase tbe~r use of fireworks
~be days that are available.
Councilman Lacayo suggested that the ordinance restrict the use of fireworks to
between sunset and 10:00 p.m. on July 4 only. Councilwoman MacLain stated she
~greed with paragraph 1 of Section 1 as prepared by the City Attorney, limitim/.
fireworks sales to between 10:00 a.m. and lO:O0 p.m. on July 3 and 4. She recom-
mended that the restriction on use of fireworks to sundown to 10:00 p.m. on lu]~
4 be included in paragraph 1. Councilwoman MacLain stated she agreed that the
~ash deposit should be paid by the fireworks manufacturers or wholesalers. Haw~r
!4owan requested that the City Attorney investigate what is an appropriate bondin~
am~mnt. Councilman Lacayo requested that the attorney address whether the c>rd-
inance conflicts with the regulation of trade. He also requested information ~-o~
staff on the revenue received from fireworks stands last year.
Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, reported that the American
' ireworks stand last year made a net profit ~of between $1300 to S16OO, ~r $200
$300 in sales tax revenue. He felt the proposed ordinance was so restrictive tt]at
it would be impractical for community groups to operate them. He did not feel
a total ban would result in a decrease of fireworks' use, and he felt the proposed
ordinance, with its numerous conditions on sales, would be subject to challenge.
The CouncJi directed the City Attorney to redraft the fireworks ordinance incor-
porating their recormmendations and prepare a report regarding the bonding and in-
demnification costs for consideration at the March 24 meeting.
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City Council Minutes
March 10, 1980
In regard to Item #24a concerning lease of the Cypress School. the City Manager
reported on the status of the Park District's grant request for the seniors center
remodeling and equipment and indicated the Board of Supervisors assured the District
that its proposal will be fully funded in the next round of funding which will
be available within six weeks. The City Manager recommended that the Council
communicate its interest in proceeding wlth the lease to the Cypress School Board.
He stated the School District had agreed to credit the City's costs for remodeling
the facility towards the lease amount. The City Manager stated the Council will
have another opportunity to review the lease and the rental amount for the City's
portion of the facility, tentatively established at $]4,000 annually, is still
subject to negotiation.
Following discussion by the Council, it was moved by Councilman Hudson and seconded
by Councilwoman MacLain that the Council advise the Cypress School Board of its
interest in proceeding with the lease of a portion of the Cypress School regard-
less of the grant from Orange County. 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 A RESOLUTION IN REFERENCE TO BUSINESSES IN THE CITY OF CYPRESS
CURRENTLY ENGAGED IN SELLING DRUG PARAPHERNALIA: The City Manager presented a
report dated March 6 indicating this matter was continued from the February 25
meeting. The City Attorney transmitted a resolution condemning the display and
sale of drug paraphernalia and reviewed the provisions of the resolution. He
reported that the owner of the record store was contacted today and the owner
indicated he would re-arrange his display of drug paraphernalia so that it is
not visible to minors; this should be completed within the next two weeks. The
owner proposed the rearrangement because of comments he received from customers
who raised legitimate concerns. The City Attorney reported that the owner was
advised of the contents of the Council's proposed resolution which identifies
It was moved by Mayor Rowan and seconded by Councilwoman Evans to adopt the fol-
lowing Resolution by title only, title as follows:
RESOLUTION NO. 2206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONDEMNING THE DISPLAY AND SALE OF DRUG PARAPHERNALIA
TO MINORS AND URGING ALL CITIZENS OF THE CITY TO ADDRESS
THEMSELVES TO THE PROBLEMS PRESENTED BY ILLEGAL DRUGS.
Councilwoman Evans expressed concern over the possibility that the primary use
of the property may be the sale of drug paraphernalia and the business may be
operating under the guise of a record store, which would be misleading to the
public. She suggested that the resolution address this issue. The City Attorney
indicated a determination would have to be made on what is the primary use of
the property. Councilman Lacayo recommended that the resolution address the dr~g
problem as it relates to the entire community and not just to minors. He suggested
the deletion of the words "to minors" in Section 2 of the resolution. Council-
woman Evans also recommended that the words be deleted in Section 4. She recom-
mended that, if the major portion of the business is determined to be the sale
of drug paraphernalia and not records, then the business should be required to
have exterior signing advising the public of this fact. She requested that th~s
matter be considered with adoption of the drug paraphernalia ordinance.
The motion to adopt the Resolution, as amended, unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
O COUNCILM~MBERS:
Evans, Hudson, Lacay0, MacLain & Rowan
None
None
Mr. Lou Santo, 4597 Everest, Cypress, felt the Council's resolution was a positive
statement to protect the public's welfare. He suggested that Mr. Mullen retract
his request to delay printing of the resolution in the newspaper until after the
April election and he suggested that Mr. Mullen add his name to the ad in support.
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City Council Minutes
March 10, 1980
Mrs. Loretta Calender, 9408 Danbury, Cypress, stated persons who were present 49
at the last meeting are still supportive of the Council's action relating to drug
paraphernalia.
The Council held discussion on the proposed newspaper ad and the letter to be
sent to community organizations soliciting their endorsement and voluntary
financial contributions.
Councilwoman Evans reported she received a letter from Mrs. David Houghton dated
March 10 which indicated the Cypress stake of the Church of Jesus Christ of Latter
Day Saints thanked the Council for their enactment of the ordinance and resolution
relating to the display and sale of drug paraphernalia, wished to sign their name
in support of the newspaper ad, and was submitted a contribution of $100 to help
with the cost of the newspaper ad.
CONSIDERATION OF PARTICIPATION IN ARTICLE XXXIV REFERENDUM ELECTION: The City
Manager presented a report dated March 6 and a supplemental report dated March 10
concerning Article XXXIV of the State Constitution which requires State public
bodies to obtain voter approval prior to developing, constructing or acquiring
low/moderate income housing. The Orange County Housing Authority proposed a ref-
erendumm on the June ballot concerning the Article. Staff indicated that Prop-
osition 4 (Willie Brown amendment) on the same ballot, if passed, would reform
Article XXXIV on a Statewide basis and make the referendum proposed by the Housing
Authority unnecessary.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to receive
and file the communication from the Orange County Housing Authority regarding
participation in the Article XXXIV Referendum Election and reexamine the issue
at such time as a decision is made regarding Proposition 4. 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
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 #54545 through #54665 in the total amount of $202,5A0.01. 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
SECOND READING OF ORDINANCE RE: MOBILE FOOD PREPARATION VEHICLES: It was moved
by Councilman Lacayo and seconded by Councilwoman MacLain to order the following
Ordinance read by title only, title as follows, and to adopt the Ordinance:
ORDINANCE NO. 655
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.
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
SECOND READING OF ORDINANCE RE: EXCLUSION OF MINORS FROM PLACES WHERE DRUG DEVICES
ARE DISPLAYED OR OFFERED FOR SALE: It was moved by Councilman Lacayo and seconded
by Councilwoman MacLain to order the following Ordinance read by title only, title
as follows, and to adopt the Ordinance:
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City Council Minutes March 10, 1980
498
ORDINANCE NO. 656
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.
Councilwoman Evans requested that the City Attorney prepare a modification to the
Ordinance addressing her concerns relating to appropriate signing for a business
which engages in sale of different products; in this instance, the sale of records
and the sale of drug paraphernalia. She felt that if the primary use of the prop-
erty is determined to be the sale of drug paraphernalia, then signing for the
business should be appropriate and standards should be included in the Zoning
Ordinance. The Council agreed with the request and directed the attorney to
prepare a modification to the Ordinance. The City Attorney felt it would be
appropriate to provide the business owner in question with a copy of the City's
ordinance and inform him of the proposed modification.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, inquired about the ordinance pro-
visions and whether a minor would be permitted in a store if drug paraphernalia
is stocked below the counter. The City Attorney reported that, pursuant to the
ordinance, minors would not be allowed in a room where drug paraphernalia is dis-
played or sold unless they are accompanied by a parent or guardian.
The motion to adopt the Ordinance 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 Dis-
trict, it was moved by Councilwoman MacLain and seconded by Councilman Lacayo to
approve the District Warrant List for Warrants #10198 through #10237 in the total
amount of $47,008.63. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCILM~MBERS:
0 COUNCILMEMBERS:
0 COUNCILMBMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
With regard to the drug paraphernalia issue, Councilwoman Evans recommended that
the letter sent to community organizations request them to write their State
legislators in support of AB 1986 and AB 2046 and in support of State regulation
of drug paraphernalia.
ORAL COMMUNICATIONS: There were no oral communications presented at this time.
EXECUTIVE SESSION: Mayor Rowan called an Executive Session at 10:35 p.m. for
matters of personnel and litigation. The meeting was called back to order at
10:46 p.mo with all Councilmembers present.
ADJOURNMENT:
The Mayor adjourned the meeting at 10:46 p.m.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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