Minutes 80-07-14MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
,July 14, 1980
The regular meeting of the Cypress City Council was called to order at 6:33 p.m.
on Monday, July 14, 1980 in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Vickie Evans presiding.
PRESENT:
ABSENT:
Councilmembers Coronado, Mullen, Rowan & Evans
Councilman Lacayo
A~so present were Darrell Essex, City Manager/City Clerk, John Murphy, City
Attorney, and the following City staff members: Davenport, DeCarlo, Duke,
Lamm, Powell and Schatzeder.
Mayor Evans announced that Councilman Lacayo was out of town and would be absent.
PLEDGE O? ALLEGIANCE: The Mayor led the pledge to the flag.
ORAL C0~fUNICATIONS: Mayor Evans asked if anyone wished to speak in regard to
any matter which was not on the agenda. No one wished to speak.
STAFF REPORTS & DISCUSSION: At the City Manager's request, Mayor Evans added
Item #33 to the agenda regarding an interim urgency ordinance prohibiting the
development of certain properties pending a study thereof (Civic Center area),
item #34 regarding the Vector Control District appointment, and #35 regarding
an Executive Session for matters of personnel.
PRESENTATION: Mr. Gilbert Smith, Assistant Director of Government and Public
Affairs of the Southern California Association of Governments, described the
SCAG organization as a regional planning agency which performs planning functions
£or 129 of the 157 clt~es in the region. Mr. Smith reported SCAG is the A 95
grant review agency, it has the area-wide planning designation from HUD, it bas
transportation planning responsibilities from the Federal Highway Administration
and State Department of Transportation and has the designation from EPA and the
State for review of air and water quality programs. Mr. Smith reported that
SCAG has attempted to improve communications and their ability to assist local
governments in Orange County and recently opened an Orange County service office.
Mr. Smith stated that cities' involvement in SCAG was necessary for it to be
responsive and to maintain cities' eligibility for federal funding. Mr. Smith
reported on SCAG's general and executive corranittee memberships and voting repre-
sentation and held discussion with the Council on the SCAG organization. Council-
man Rowan stated he would not support the City rejoining SCAG until it demon-
strated greater responsiveness to Orange County cities with r~,gard to Federa]
funding. Mr. Smith stated he would transmit the Council's concerns to the
executive committee. The City Council agreed to place this item on the agenda
when Mr. Donald Hudson can be present to discuss the City's membership in SCAG.
PUBLIC HEARINC RE: CONDITIONAL USE PE~4IT #80-16 - AMUSEMENT ARCADE, 9911
WALKER STREET: The Planning Director presented a report dated July 8 describing
the application to establish an amusement arcade within the Cypress Plaza Shopping
Center located at the southwest corner of Walker and Ball in the CG-IO,000 Commer-
cial General Zone. The proposed business site is adjacent to Thrifty Drug Store.
Staff recommended approval of the permit subject to six conditions and indicated
the Council could establish the hours of operation in one of the conditions.
The applicant requested hours of 10 a.m. to 10 p.m. daily,
Mayor Evans opened the public hearing and asked if the applicant wished to speak.
Hr. George Chami, the applicant, 161 To~n & Country, Orange, stated his plans
are outlined in his July 1 letter to the City Council. Mr. Chami reported that,
from his personal experience in arcades, there does not appear to be a problem
City Council Minutes
July 14, 1980
of older children harassing younger children. He reported that repaving of the
parking lot has been completed. Mr. Chami objected to hiring a security guard
for the business but requested the options that if the center becomes offensive
he would either close the business or hire a security guard. Mr. Chami
reported his investment for tbe equipment would be approximately $100,000 and
he requested approval of the permit for five years.
Mayor Evans asked if anyone wished to speak in favor of the permit. No one
wished to speak in favor. She asked if anyone wished to speak in opposition.
Mrs. Pat Gross, 9937 Barcelona, Cypress, presented a petition expressing opposi-
tion to the conditional use permit signed by homeowners in the neighborhood. She
reported there is a juvenile drug problem occurring behind the theater and pizza
parlor and constant noise and vandalism in the rear alley. She felt the proposed
adult supervision at tbe business was inadequate and that the center would attract
more juveniles to the area. She stated the residents object to increased noise,
traf£i~ and vandalism. She reported that when Cypress High School goes on a split
schedul~, children will be out of school at 1:00 p.m.
Mr. James Duncan, 9787 Rome, Cypress, reported that conditions outside the theater
at night are a nuisance with bicycles making the sidewalks impassable, juveniles
congregating, smoking pot or intimidating older persons walking by. He felt the
arcade would attract more children and stated he objected to the permit.
Mr. Fluz, 5414 Rome, Cypress, stated there are drug problems near the theater
and elderly persons have been threatened at night near the center. He stated
the arcade was not needed.
Mr. Dan Garvey, 9951 Barcelona, Cypress, stated he supported the petition sub-
mitted by Mrs. Gross. He reported the Via Maria restaurant will have a complete
bar and beer and wine may be purchased at the other restaurants and drug store in
Mr. Chami stated he would have as many employees necessary for control in the
arcade and they would be in an office behind the shopping center. He urged the
residents who had concerns about the arcade to visit others that are similar.
Mayor Evans stated that public hearing notices were mailed to all property owners
within ~00 feet of the subject property (arcade). Sbe asked if curfew applied to
this establishment. Chief Duke responded that curfew applied to loitering and
travel by minors to and from a location would not be a violation of curfew. The
City Attorney stated he reviewed the petition submitted by Mrs. Gross and it did
not conform to the City's petition ordinance.
Councilman Mullen moved to close the public hearing and continue it to the next
regular Council meeting to allow the applicant an opportunity to meet with the
property owners to determine if their concerns can be resolved. The motion was
not seconded.
It was moved by Councilman Mullen and seconded by Councilman Coronado to close
the hearing and deny the application.
Councilman Rowan stated he would oppose the motion since there was no evidence
that tile arcade would create problems and he objected to businessmen being given
the responsibility to discipline minors. Councilman Mullen stated he agreed
and felt that denial at this time was premature and he would prefer the applicant
to meet with the property owners. Councilman Coronado stated he was concerned
that the split high school sessions may worsen the situation and over possible
harassment of younger children by older ones. Councilman Mullen withdrew his
motion to deny the application. He requested a report from the Police Department
concerning the activities by minors at the shopping center.
It was moved by Councilman Mullen and seconded by Mayor Evans to continue the
public hearing regarding conditional use permit #80-16 to the July 28 meeting
to allow the applicant to meet with the property owners and to request a report
from the Police Department. The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Mullen, Rowan & Evans
NOES: 1 COUNC[LMEMBERS: Coronado
ABSENT: 1 COUNCILMEMBERS: Lacayo
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City Council Minutes
July 14, 1980
Mr. James Duncan stated he objected to the sidewalks near the center being ob-
structed by youths and bicycles and indicated the owner of the amusement arcade
would have no control over activities on the sidewalks. He stated he was con-
cerned over the amount of minors which the arcade would attract. Mayor Evans
requested that the Police Department report address the issue of harassment by
juveniles.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated residents of the City
depend upon the City Council to create the proper atmosphere in the community
and that the Council does have responsibility over the conduct of juveniles.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-17~ CHURCH MEETING HALL~ 9121
VALLEY VIEW STREET: The Planning Director presented a report dated July 7 which
described the application to establish a temporary church meeting hall for
"The Church in Cypress" as an accessory use in the PCM Planned Commercial/Light
Industrial Zone. Staff recommended approval of the application subject to nine
conditions, one which restricted the use permit to a period of two years.
Mayor Evans opened the bearing and asked if the applicant wished to speak.
Mr. Dan Leslie, 6291 Rosemary Drive, Cypress, representing the Church in Cypress.
reported the Church's congregation of 42 are young adults and residents of Cypress.
He indicated the Church receives voluntary contributions from the members. Mr.
Leslie reported they wish to lease the Valley View Street property for two years
and the Church is in the process of buying property within the City as a permanent
location.
Mayor Evans asked if anyone wished to speak in favor or in opposition to the
application. No one wished to speak in support or in opposition.
It was moved by Councilman Mullen and seconded by Councilman Coronado to close
the public hearing and adopt the following Resolution by title only, title as
follows:
RESOLUTION NO. 2259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 80-17 - WITH CONDITIONS.
M~yor Evans recommended that a standard condition for conditional use permit
approvals be the requirement that all conditions of approval must be met prior
to granting of the certificate of occupancy.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-18~ AUTOMOTIVE REPAIR, GO-LO
SERVICE STATION~ 9511 VALLEY VIEW STREET: The Planning Director presented a
report dated July 7 describing the application to bring the existing noncon-
forming Go-Lo Service Station at 9511 Valley View into conformance with the
CG Commercial General Zone and expand the land use by establishing an automotive
repair and service business. Mr. Lamm also presented slides of the property.
Staff recormmended approval of the application subject to 13 conditions.
Mayor Evans opened the hearing and asked if the applicant wished to speak.
Mr. James Cochrane, representing Gulf Oil Company, 2730 W. Compton, Redondo
Beach, stated they have been negligent in the past but hope to operate the
business so that it is an asset to the community. He reported they are pro-
ceeding with the conditions regarding repaving and clean-up and they will
repaint the entire building. Mr. Cochrane stated that inoperable vehicles
left on the property over night will be covered, and he expected his tenant to
comply. He Indicated their lease provides a 30 day cancellation clause
and the lease would be cancelled if there is a violation. Mayor Evans
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City Council Minutes
July 14, 1980
recommended that the Council reserve the right to review the use permit after
one year. Mr. Cochrane stated he would comply with a one year limitation.
Mayor Evans asked if anyone wished to speak in support of the application.
No one wished to speak in support. She asked if anyone wished to speak in
opposition.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, suggested that the Council add
a condition that the restrooms be available to the public during business hours.
Mr. Warren Bodwell, 4931 Orange, Cypress, stated service station restrooms are
locked to prevent vandalism.
It was moved by Councilman Mullen and seconded by Councilman Rowan to close the
public hearing and adopt the following Resolution by title only, title as follows,
approving Conditional Use Permit #80-18 subject to the conditions recommended
by staff and two additional conditions: one requiring an automatic review of the
conditional use permit in one year initiated by the Council and the second
requiring all conditions to be met before the certificate of occupancy is granted:
RESOLUTION NO. 2260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 80-18 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
PUBLIC HEARING RE: GENERAL PLAN AMENDMENT #80-2~ CHANGING LOW DENSITY RESIDEN-
TIAL TO HIGH DENSITY RESIDENTIAL~, 4871 - 4931 ORANGE AVENUE: The Planning
Director presented a report dated July 8 describing the application by four
property owners to amend the Land Use Element of the General Plan by changing
the present "low density residential" designation on the properties to a "high
density residential" designation. The properties are in the RS-6,000 Residential
Single-Family Zone. Staff recommended denial of the application since they felt
the present General Plan designation and zoning were appropriate for the property.
Mayor Evans opened the hearing and asked if the applicant wished to speak.
Mr. Steven Hadrych, 4871 Dove Circle, La Palma, a property owner, reported he
planned to demolish the existing structures and provide affordable housing for
the elderly or young families. He stated condominium development would provide
a controlled environment under a homeowners association. He indicated construc'-
tion probably would not start for three or four years. Mr. Hadrych stated that
single-family construction would not be profitable.
Mr. Warren Bodwell, 4931 Orange, Cypress, stated he would not sell his property
for single-family development.
Mr. Don Doltz, 4921 Orange, Cypress, spoke in support of the application. He
felt the proposed Ashbury street extension plan was obsolete.
Mayor Evans pointed out that rezoning to a high density multiple-family designation
would permit the construction of apartments as well as condominiums and the Council
would have no assurances that the applicants would proceed with condominium
development.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, expressed opposition to the
change of zone and felt the property was inappropriate for low cost housing.
Ne felt that logical development would be single-family residential since the
property is adjacent to a single-family zone. He felt the application was
based on the profit motive of the applicants.
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City Council Minutes
July 14, 1980
Councilman Rowan stated that the profit issue was not a factor to be considered
by the Council but the issue was whether the proposal served the best interests
of the cormmunity and the General Plan. Councilman Mullen stated he supported
staff's position and felt that multiple-family residential zoning would be
incompatible with surrounding land uses.
It was moved by Councilman Mullen and seconded by Mayor Evans to close the public
hearing and adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 2261
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING GENERAL PLAN AMENDMENT NO. 80-2.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILM~MBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
RECESS: Mayor Evans called a recess at 8:50 p.m. The meeting was called back
to order at 9:00 p.m. with Councilman Lacayo absent.
CONTINUATION OF PUBLIC HEARING RE: THE APPROPRIATION OF REVENUE SHARING FUNDS:
The City Manager presented a report dated July 10 regarding this matter.
It was moved by Councilman Mullen and seconded by Councilman Coronado to continue
the public hearing to July 28 to allow consideration by the entire Council.
Councilman Coronado stated he had many questions regarding the revenue sharing
funds. Councilman Mullen stated he wished to hear public input before the
Council acts on the matter. The City Manager stated that a workshop discussion
on the revenue sharing funds could be a separate action from the public hearing
on allocation of the revenue sharing funds. He reported that $200,000 of the
$850,000 total must be expended before June 30, 1981, and that the allocation of
the remainder of the funds would not be a final commitment.
Councilman Mullen withdrew his motion.
Mr. Robert Eames of the Cypress Chamber of Commerce requested a continuance
so that he could review the documentation on revenue sharing funds.
Mr. James Duncan, 9787 Rome, Cypress, stated he agreed with Councilman Mullen
that public input was needed and he felt response from public hearlng notices
was minimal. Mayor Evans requested that staff prepare a press release announcing
the meeting when the item will be discussed. She also requested that press
releases be issued as a standard procedure on other issues of concern.
It was moved by Councilman Coronado and seconded by Mayor Evans to continue the
public hearing regarding the appropriation of revenue sharing funds to a meeting
on August 12. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
CONTINUATION OF CONSIDERATION OF ADOPTION OF THE 1980-81 BUDGET FOR THE CITY
OF CYPRESS: The City Manager presented a report dated July 9 which indicated
that the final City budget documents would contain all changes made by the City
Council during the budget workshop meetings.
It was moved by Councilman Coronado and seconded by Mayor Evans to adopt the
following Resolution by title only, title as follows:
RESOLUTION NO. 2262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING
JULY 1, 1980 AND FIXING THE LIMITATIONS OF EXPENDITURES
FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND
ACTIVITIES CARRIED ON UNDER SUCH FUNDS.
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City Council Minutes
July 14, 1980
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Coronado. Mullen & Evans
NOES: 1 COUNCILMEMBERS: Rowan
ABSENT: 1 COUNCILMEMBERS: Lacayo
CONTINUATION OF CONSIDERATION OF MODIFICATION OF CHANNELIZATION STRIPING ON
BALL ROAD~ WEST OF VALLEY VIEW: The City Manager presented a report from the
Public Works Director dated July 7 which transmitted a report from the traffic
engineering consultant on the matter of changing the traffic striping on Ball
Road. The Public Works Director indicated that he did not agree with the con-
clusions in the consultant's report.
It was moved by Councilman Coronado and seconded by Councilman Rowan to approve
a change in the striping to provide a two-way left turn lane at the Albertson's
driveway on Ball Road for a trial period of one year, and that staff report to
the Council if severe traffic problems occur as a result of the change. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
CONSIDERATION OF A COMMUNICATION FROM THE CYPRESS HIGH SCHOOL'S ATHLETIC BOOSTER
CLUB REQUESTING A CONTRIBUTION FOR PROGraM ADVERTISEMENT: The City Manager pre-
sented a report dated July 10 which transmitted the letter from the Booster Club
and indicated that Councilman Mullen requested this item on the agenda.
Councilman Mullen reported that he received a call from the Booster Club which
inquired if the Council would purchase an ad for the high school. He stated he
was uncertain about the current Council policy regarding donations. The staff
reported that the Council had deleted contributions in the budget following the
passage of Proposition 13 and had notified the leagues. They indicated there
was no legal prohibition against the Council purchasing space in a publication.
Councilman Mullen indicated he supported the current City Council policy and
that he would make a personal contribution for the ad.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman
Coronado and seconded by Councilman Mullen to approve the Warrant List for Warrants
#55707 through #55856 in the total amount of $437,816.66. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILME~,~ERS: None
ABSENT: 1 COUNCILMEMEERS: Lacayo
CONSIDERATION OF ATHLETIC USER FEES AND LIGHTING COSTS: The City Manager pre-
sented a report from the Recreation and Park Director dated July 9 which indicated
the Recreation & Community Services Commission recommended a graduated increase
in lighting fees for athletic facility users. The Recreation and Park Director
reported that the leagues were receptive to this alternative at the ~u]v 8 Com-
mission meeting. He also stated the leagues were advised that this matter was
on tonight's City Council agenda.
It was moved by Councilman Coronado and seconded by Councilman Mullen that the
City Council, acting as the ex officio Board of Directors of the Cypress Recrea-
tion and Park District, accept the recommendation of the Recreation & Community
Services Commission and adopt alternative #1 as outlined in the staff report.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Coronado, Mullen & Evans
NOES: 1 COUNCILMEMBERS: Rowan
ABSENT: 1 COUNCILMEEMEERS: Lacayo
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRAN% LIS%:
Acting as the ex officio Board of Directors of the Cypress Recreation & Park Dis
trlct, it was moved by Councilman Mullen and seconded by Councilman Coronado to
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City Council Minutes
July 14, 1980
approve the District Warrant List for Warrants #10569 through #10653 in the total
amount of $39,679.70. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
MINUTES: It was moved by Councilman Mullen, seconded by Councilman Coronado
and unanimously carried to approve the minutes of June 12, June 14 and June 16,
with Councilman Rowan abstaining on the minutes of June 12.
CONSIDERATION OF AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL MODIFICATION AND
INTERCONNECT SYSTEM ON LINCOLN AVENUE FROM BLOOMFIELD STREET TO VALLEY VIEW
STREET, F.A.U. PROJECT #M-6214(1)~ CITY OF CYPRESS PROJECT #7927-50: The City
Manager presented a report from the Public Works Director dated July 9 whicb
outlined seven bids received.
it was moved by Councilman Mullen and seconded by Councilman Coronado to deter-
mine that the lowest responsible bidder for Project #7927-50 is Grissom & Johnson,
Inc., P. O. Box 10040, Santa Aha, California, and award them the contract for the
Traffic Signal Modification and Interconnect System on Lincoln Avenue from Bloom-
field Street to Valley View Street in the amount of $266,000.00, subject to the
approval of the Department of Transportation (CALTRANS). The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
CONSIDERATION OF AWARD OF CONTRACT FOR THE REPAIRS OF LINCOLN AVENUE FROM THE
WEST CITY LIMIT OF CYPRESS AT BLOOMFIELD STREET TO KNOTT STREET IN THE CITY OF
BUENA PARK, CITY OF CYPRESS PROJECT #8018-10: The City Manager presented a
report from the Public Works Director dated July 9 outlining six bids received.
it was moved by Councilman Mullen and seconded by Councilman Coronado to deter-
mine that the lowest responsible bidder for Project #8018-10 is All American
Asphalt, 932 Town & Country Road, Orange, California, and award them the contract
for the repairs of Lincoln Avenue in the amount of $287,530.00, subject to approval
of the State of California (CALTRANS). The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILM~MBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
CONSENT CALENDAR: Mayor Evans 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.
Councilman Coronado requested the removal of Items #12 and 14 and Mayor Evans
requested the removal of Item #21 from the Consent Calendar.
It was moved by Councilman Mullen and seconded by Councilman Coronado to approve
items #4 through #20 on the Consent Calendar with the exception of Items #]2, 14
and 21. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
Item #4: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consid-
eration by Title 0nly and to Waive Further Reading.
ltem #5: Consideration of Proclaiming July 21, 1980 as Veterans Administration
50th Anniversary Day.
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City Cm~ncil Minutes July 14, 1980
Recommendation: That the Mayor and City Council officially proclaim July 21,
i980 as "Veterans Administration 50th Anniversary Day" in the City of Cypress
as requested.
Item #6: Consideration of Request to Proclaim September 14-20, 1980 as Leukemia
Week in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim the week
of September 14-20, 1980 as "Leukemia Week" in the City of Cypress.
Item #7: Consideration of Claim for Damages Filed by Mr. Edward H. Spurgeon.
Recommeudation: That the City Council allow the Claim of Edward H. Spurgeon in
the amount of $227.62 plus expenses and instruct the City's Claim Adjuster to
settle this Claim accordingly.
Item #8: Consideration of the Adoption of a Resolution Calling for an Urgency
Measure to Amend Chapter 976 of the Health and Safety Code.
Recommendation: That the City Council adopt the Resolution by title only, title
as follows, and forward a request to the California Legislature calling for the
passage of an Urgency Measure to amend Chapter 976 of the Health and Safety Code
by deleting Article 2, Section 19832:
RESOLUTION NO. 2263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CALLING FOR THE PASSAGE OF AN URGENCY MEASURE IN THE
STATE LEGISLATURE TO AMEND CHAPTER 976 OF THE HEALTH
AND SAFETY CODE.
item #9: Consideration of San Gabriel/Coyote Creek Bicycle Trail, Project
#7750-90,
Recommendation: That the City Council adopt the Resolution by title only, title
as follows, requesting S.B. 821 funds in the amount of $60,000 for the construc-
tion of the San Gabriel/Coyote Creek Regional Bicycle Trail:
RESOLUTION NO. 2264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
RE~)UESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION
TO SELECT THE S~N GABRIEL/COYOTE CREEK BICYCLE TRAIL
AS A TOP PRIORITY PROJECT FOR FUNDING WITH SB 821 FUNDS
IN THE 1980/81 FISCAL YEAR.
Item #i0: Consideration of Extension of Contract for the Restoration of Traffic
Signal ~t the Intersection of Ball Road and Moody Street, City of Cypress
P~oi~ct ~t7937-50.
Recommendation: That the City Council approve Baxter-Griffin's request for a
ten (10) working day extension of time.
I tern #] 1:
Contract.
Consideration of Approval of Delegation and Assignment of Construction
Recommendation: That the City Council approve the "Delegation and Assignment of
Construction Contract", authorize the Mayor to execute, and the City Clerk ta
~ttest ~he contract, subject to the approval of the City Attorney.
I~em #~]3: Consideration of City Manager's Request for Vacation.
Recommendation: That the City Council approve the City Manager's request for
vacati0~ for the period commencing July 21, 1980 and ending August 8, 1980.
#]5: Consideration of Fall Activity Brochure Insert.
Recommendation: That the City Council, acting as the ex officio Board of Directors
of the Cypress Recreation & Park District, accept the $325.00 from the Cypress
Civic Theatre Guild to provide Community Oriented Theatre season ticket information
as a one-page insert in the 1980 Fall Recreation & Park District's Special
Activities Brochure.
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City Comlcil Minutes
July 14, 1980
Item #16: Consideration of Amendment of Agreement Between the Cities of Garden
Grove and Cypress - Nutrition Services.
Recommendation: That the City Council, acting as the ex officio Board of Directors
of the Cypress Recreation & Park District, authorize the Mayor to sign and the
City Clerk to attest the subject agreement amendment, subject to the approval
of the City Attorney.
Item #17: Consideration of Resignation of Mr. Frank J. Lee as the Cypress Dele-
gate to the Orange County Health Planning Council.
Recommendation: That the City Council accept the resignation as submitted and
authorize the staff to advertise for applicants for consideration of appointment
to the Orange County Health Planning Council.
Item #18: Consideration of an Amendment to the Purchasing Ordinance Regarding
Bidding Requirements.
Recommendation: That the City Council approve the first reading of the Ordinance
by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING SUBSECTION (f) TO SECTION 21A-8 OF THE CYPRESS
CITY CODE RELATING TO PURCHASING.
Item #19: Consideration of New Fall Programs and Class Revisions.
Recommendation: That the City Council, acting as the ex officio Board of Directors
of the Cypress Recreation & Park District, ratify the recommendation of the Recrea-
tion & Community Services Commission and adopt the programs, class revisions and
fees as outlined in the staff report.
Item #20: Consideration of Legislative Bulletins #25-1980, #26-1980 and #27-1980
from the League of California Cities Dated June 20, June 27 and July 3, 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
opposition to S.B. 1656 (closer scrutiny for cities' general plan and zoning
decisions), A.B. 2982 (proposal to repeal statutory cost-of-living increases in
health and welfare benefits and State subventions to local government), and
S.B. 462 (billboards).
in regard to Item #12, Consideration of Planning Department Report Concerning
Amendment to the Zoning Ordinance Regarding Solar Energy Panels in Residential
Zones, Councilman Coronado expressed concern over staff's recommended amendment
that roof top solar collector panels be painted to match the existing roof color.
Councilman Coronado stated that most solar heaters on the market have a black body
and should be retained in their original state for maximum efficiency. The Plan-
ning Director reported that the collector panels were not meant to be painted a
matching color but this requirement referred to the collector panel cabinets and
associated plumbing.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated there are many varieties of
solar heaters and nothing is standard in the industry yet.
it was moved by Councilman Mullen and seconded by Councilman Rowan to initiate
an amendment to Section 9.3.A of the City's Zoning Ordinance permitting the in-
stallation of roof top solar collector panels when painted to match the existing
roof color. Councilman Rowan requested that staff check the ordinances of other
cities on this matter before the Councilts public hearing on the amendment.
The motion unanimously carried by the following r011 call vote:
AYES: 4 COUNCILM~MBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
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City Council Minutes
July 14, 1980
In regard to Item #14, concerning adoption of an Ordinance and Resolution adopting
by reference the 1979 Editions of the Building Codes, Councilman Coronado re-
quested that the ordinance and resolution provisions regarding residential re-
roofing be changed to require fire retardant roofing construction on new residences
only, in compliance with the Council's previous action regarding fire retardant
materials. Councilman Coronado also expressed concern over the ordinance provisions
granting authority to the Orange County Health Officer to enforce provisions of
the Uniform Housing Code. The City Attorney stated he would research and report
back to the Council on whether they can vary from the Uniform Building Code in
regard to this provision. Councilman Coronado also stated that the City's fire-
works ordinance contained a discrepancy since fireworks' sales were permitted
until 10:00 p.m. yet the discharging of fireworks was prohibited after 10:00 p.m.
The City Council agreed to amend the ordinance to provide that fireworks shall
not be discharged affer 11:00 p.m. on the fourth of July.
It was moved by Councilman Mullen and seconded by Councilman Coronado to adopt
the following Resolution by title only, title as follows, and approve the first
reading of the following Ordinance, as amended, by title only, title as follows,
and establish August 11, 1980 as the date for the Public Hearing to consider
the final adoption of this Code:
RESOLUTION NO. 2265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SETTING FORTH THE LOCAL CONDITIONS AND THE PUBLIC SAFETY
FACTORS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE
CITY COUNCIL THAT CERTAIN MODIFICATIONS TO THE 1979 EDITION
OF THE UNIFORM BUILDING CODES: UNIFORM BUILDING CODE,
UNIFORM MECHANICAL CODE~, UNIFORM HOUSING CODE, UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND UNIFORM BUILDING
CODE STANDARDS ARE REASONABLY REQUIRED BY LOCAL CONDITIONS
AND PUBLIC SAFETY FACTORS WITHIN THE CITY OF CYPRESS.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS
CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING 1979
EDITIONS OF THE UNIFORM BUILDING CODES: UNIFORM BUILDING CODE,
UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM BUILDING
CODE STANDARDS AND UNIFORM FIRE CODE WITH SUPPLEMENTS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMEERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
In regard to Item #21, Consideration of Proposed Position Classification and
Compensation Plan Amendments, Mayor Evans requested that staff prepare a report
regarding the employee mileage reimbursement rate after making cost comparisons
with other public and private agencies to determine an appropriate amount.
It was moved by Mayor Evans and seconded by Councilman Mullen to request the
staff report regarding mileage reimbursement and to adopt the following Resolu-
tions by title only, titles as follows:
RESOLUTION NO. 2266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION 975 BY ADDING, AMENDING AND DELETING
CERTAIN CLASS SPECIFICATIONS TO THE POSITION CLA§gI¥ICATION
PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS.
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City Council Minutes
July 14, 1980
RESOLUTION NO. 2267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING SALARIES FOR CITY EMPLOYEES DESIGNATED AS
~IANAGEMENT PERSONNEL.
RESOLUTION NO. 2268
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
RESCINDING RESOLUTION NO. 2123, AND AMENDING RESOLUTION
NO. 2089, BASIC COMPENSATION PLAN, SECTIONS 3, 4 AND 5,
CONCERNING SALARIES ESTABLISHED FOR CITY EMPLOYEES PLACED
UNDER THE BASIC COMPENSATION PLAN; AND SALARIES FOR LIMITED
TERM AND TEMPORARY AND SEASONAL EMPLOYEES NOT PLACED UNDER
THE BASIC COMPENSATION PLAN.
RESOLUTION NO. 104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF
CYPRESS, ESTABLISHING SALARIES FOR DISTRICT EMPLOYEES
DESIGNATED AS MANAGEMENT PERSONNEL.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, reported that the gas company
pays twenty-five cents per mile and the Hertz Company has estimated that it
costs forty-five cents per mile to operate a vehicle.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCIL~MBERS: Lacayo
In regard to Item #33 concerning adoption of an interim urgency ordinance for
properties adjacent to the Civic Center located west of Walker, north of Orange,
east of Grindlay and south of the northerly property line of the Cypress Civic
Center, the City Attorney presented the ordinance which the Council requested
at their July 12 meeting.
it was moved by Councilman Rowan and seconded by Councilman Mullen to order the
following Ordinance read by title only, title as follows, and to adopt the Ord-
inance:
ORDINANCE NO. 663
AN INTERIM URGENCY ORDINANCE OF THE CITY OF CYPRESS PRO-
HIBITING THE DEVELOPMENT OF CERTAIN PROPERTIES PENDING A
STUDY THEREOF.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
In regard to Item #34 concerning the appointment to the Vector Control District,
Mayor Evans stated the Council received a communication from Senator Carpenter
and asked if the Council wished to pursue the matter. The Council agreed that
they would seek legislation during the next legislative session which would
change the manner of appointment and removal of appointments to the Vector
Control District.
ORAL COMMUNICATIONS: No oral communications were presented at this time.
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City Council Minutes
July 14, 1980
EXECUTIVE SESSION: Mayor Evans called an Executive Session at 10:25 p.m. for
matters of personnel. The meeting was called back to order at 11:01 p.m. with
Councilman Lacayo absent.
The City Council scheduled the joint meeting with the Recreation and Community
Services Commission for Tuesday, August 12, and to also consider the Housing
Element at that meeting. The Council also agreed to reschedule the meeting on
revenue sharing funds to Monday, September 15. Councilman Rowan requested
staff to review current State legislation pertaining to housing elements.
ADJOURNMENT: Mayor Evans adjourned the meeting at 11:07 p.m.
~AS~OR OF THE CIT~O~ CYPRESS
ATTEST:
CITY C~EP~K 0~ THE CITY OF CYPRESS
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