Minutes 81-07-13MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
July 13,1981
The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on
Monday, July 13, 1981 in the Cypress City Council Chambers, 5Z75 Orange Avenue,
Cypress, California, Mayor Gerald Mullen presiding.
PRESENT:
ABSENT:
Councilmembers Coronado, Rowan and Mullen
Councilman Lacayo
Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy,
and the following City staff members: Barrett, Dalesandro, DeCarlo, Duke, Lam~n and
Powell.
PLEDGE OF ALLEGIANCE: The City Attorney led the pledge to the flag.
ORAL COMMUNICATIONS: Mayor Mullen introduced Assemblyman Chet Wray and his
staff assistant Steve Hallich. Assemblyman Wray thanked the Council for allowing
the Assembly Committee on Labor and Employment to use the Council Chambers for their
hearing on July 16, and thanked the Cypress Police Department for joining him in the fight
against crime. Assemblyman Wray stated the purpose of the hearing was to investigate
and seek solutions to the employment problems of veterans.
At the City Manager's request, Mayor Mullen added Item ~ZZ to the agenda regarding a
resolution commending the Hungarian freedom fighters on their Z5th anniversary.
Councilman Coronado reported that he attended a budget workshop with staff on July 7
and that he was pleased with the results of the meeting and with staff's support. He
stated he would complete his discussions with staff and submit his budget
recommendations for distribution to the Council.
MINUTES: It was moved by Councilman Rowan, seconded by Councilman Coronado and
carried, with Mayor Mullen abstaining, to approve the minutes of June 15.
It was moved by Mayor Mullen, seconded by Councilman Coronado and carried, with
Councilman Rowan abstaining, to approve the minutes of June
COUNCILMAN LACAYO ARRIVED AT 6:40 P.M.
STAFF REPORTS & DISCUSSION: The City Manager distributed a supplemental report
regarding Item ~19 concerning the parking restrictions on Moody between Park and
Camp. The City Manager also announced that the City was notified that it was one of Z3
agencies in the country to receive an award in the national "Keep America Beautiful"
contest. He stated details of the award will be forthcoming, and the staff will issue press
releases.
Mayor Mullen reported that the Council had received a letter from Mrs. Marjorie Russ
concerning the sale of fireworks which he requested be placed on the July Z7 agenda.
CONS]]DERATION OF AWARD OF CONTRACT FOR PUMP STATION MOTOR REPAIRS~
REQUEST FOR QUOTATION 4~8081-41: The City Manager presented a report from the
Finance Director dated July Z which outlined four bids received for the removal, overhaul
and reinstallation of eight vertical pump motors.
Following discussion in which staff identified the location of the pump stations, it was
moved by Councilman Lacayo and seconded by Councilman Coronado to accept the bid
from L.B. Pump & Maintenance, 236 North Sunset, Industry, California, as the lowest
City Council Minutes
July 13, 1981
responsible bidder and award them the contract in the amount of $9,846.50, and
appropriate the funds to Account ~10--4161-Z18.07. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Rowan& Mullen
None
None
Hearing no objections, Mayor Mullen took Item #Z?- out of order concerning the Resolution
commending the Hungarian freedom fighters.
Dr. Andrew Erdaly, Oxford Drive, Cypress, requested the Council's support of the
rc :nlution which honors the ZSth anniversary of the Hungarian peoples' fight against
communist occupation in 1956, a date coinciding with the City of Cypress' ZSth
anniversary. Dr. Erdaly also requested that a street in Cypress be named after the City of
Budapest, Hungary.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to adopt the
Resolution by title only, title as follows:
RESOLUTION NO. Z406
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS COMMENDING THE HUNGARIAN FREEDOM FIGHTERS
ON THEIR ZSTH ANNIVERSARY.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Rowan&Mullen
None
None
The Council advised Dr. Erdaly that they would like to make a presentation of the
Resolution to him during the Founders' Ball on July 24, and Dr. Erdaly stated he would be
available for the presentation. The City Manager stated he would transmit Dr. Erdaly's
request concerning the street naming to the staff's Street Naming Committee.
CONSENT CALENDAR: Mayor Mullen 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. Mayor Mullen requested
the removal of Item 4t9 from the Consent Calendar.
It was moved by Councilman Coronado and seconded by Councilman Lacayo to approve
Items #Z through ~17 on the Consent Calendar with the exception of Item 4t9. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Rowan & Mullen
None
None
Item #Z: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item 4~3: Consideration of Application for an Original Alcoholic Beverage License Filed by
Wilson Lou, DBA New China Restaurant, 4756 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item 4t4: Consideration of Application for an Original Alcoholic Beverage License Filed by
Anne Marie Waskow, DBA Pierre's Liquor, 5591 Ball Road, Cypress.
Recommendation: Receive and file, pending approval of the conditional use permit and
business license.
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City Council Minutes
July 13, 1981
Item #5: Consideration of Appropriation for Oxford Facility Lease Payment.
Recommendation: That the City Council appropriate $35,895 for the July lease payment
for the Oxford facility.
Item #6: Consideration of Recommendations of Traffic Commission Meeting of June 16,
1981.
Recommendation: Receive and file report on the proposed closure of Scandia and Safco
Streets.
Item #7: Consideration of a Claim from David J. Pettigrass, Attorney for Elena M.
Pettigrass, A Minor, 5181 Laurel Avenue, Cypress, in the Amount of $10,000.
Recommendation: That the City Council officially reject the subject claim as submitted
and refer the claim to the City's Claim Adjuster, Carl Warren & Company, for appropriate
disposition.
Item #8: Consideration of Employment List - Police Sergeant.
Recommendation: That the City Council certify the promotional employment list for the
position of Police Sergeant as submitted.
Item #10: Consideration of Establishment of Minority Business Enterprise Program for the
City of Cypress.
Recommendation: That the City Council approve the City of Cypress Minority Business
Program and authorize the Mayor to sign, subject to review and approval of the City
Attorney.
Item ~11: Consideration of Letter from the City Manager of La Palina Regarding the
Area at the Northeast Corner of Crescent Avenue and Walker Street.
Recommendation: That the City Council direct the City Manager to communicate to the
City of La Palina our lack of opposition to the proposed annexation by the City of La
Palina.
Item #lZ: Consideration of Application for a Person-to-Person Transfer of a Type "47" On
Sale General Public Eating Place Alcoholic Beverage License Filed by Robert E. Adams,
DBA Finicky's Restaurant, 4300 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item #13: Approval of Plans and Specifications and Authorization to Advertise for Bids on
Ball Road from Denni Street to Moody Street, City of Cypress Project ~8014-10, A.H.F.P.
#1017.
Recommendation: That the City Council approve the plans and specifications for
improvements on Ball Road from Denni Street to Moody Street, City of Cypress Project
#8014-10, A.H.F.P. #1017, and authorize the City Clerk to advertise for bids with bid
opening date to be set after receipt of approval from the County of Orange.
Item #14: Consideration of Tentative Calendar for the Special Municipal Election
Consolidated with the School District and U.D.E.L. Election on Tuesday, November 3,
1981.
Recommendation: Receive and file.
Item #15: Consideration of Legislative Bulletin #ZZ from the League of California Cities
Dated June Z6, 1981.
Recommendation: That the City Council direct staff to prepare responses for the Mayor's
signature to the appropriate officials expressing the City's opposition to S.B. 799 (Mello) -
State preemption of local ordinances prohibiting sale of fireworks.
Item #16: Consideration of Employment List - Recreation Specialist/Teen Programs,
Cypress Recreation & Park District.
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City Council Minutes
July 13, 1981
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
Recreation Specialist/Teen Programs as submitted.
Item ~17: Consideration of Employment List - Recreation Specialist/Adult Sports,
Cypress Recreation & 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
Recreation Specialist/Adult Sports as submitted.
In regard to Item ~9 removed from the Consent Calendar, Consideration of Designation of
St~+e Hearing Officer, Mayor Mullen stated he had received a request that the Council
hear this appeal, rather than the Hearing Officer. Councilman Coronado expressed
support for the Council hearing this matter. The City Attorney advised that the Council
had the option of hearing the appeal if they desired. The City Manager indicated that the
hiring of a hearing officer would serve to expedite the matter and, further, that lengthy
hearings could be burdensome to the Council. He advised that the Council retains the
final authority over any decision on the appeal. The City Attorney reported that, while
this appeal may involve a couple of hours of deliberation by the Council, another employee
appeal is pending which could extend beyond 15 hours of testimony. Councilman Lacayo
stated he did not object to the Council hearing the subject appeal but he did not wish to
establish a policy where the Council would hear all employee appeals because of the time
commitment. The City Manager requested an Executive Session to discuss concerns
regarding this matter.
EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 7:03 p.m. for matters
of personnel. The meeting was called back to order at 7:20 p.m. with ail Councilmembers
present.
It was moved by Councilman Rowan and seconded by Councilman Lacayo that the Council
authorize and direct a request to Mr. Bicknell Showers to furnish his services at the
hearing, take all evidence and prepare a proposed decision relating to the disciplinary
action, provide the Council with a transcript of the hearing for their review, and make
himself available for further discussion with the Council following the hearing.
The Council held discussion on the motion and Councilman Coronado stated he did not
support the motion. He recommended that the Council amend the employee rules and
regulations to clarify their position on appeal matters. He felt the employee in this case
had followed the proper procedures in requesting a hearing by the Council and that the
employee was being denied due process. Councilman Lacayo felt there was no need to
amend the rules and regulations since they provided the Council with the alternatives of
either hearing an appeal themselves or engaging a hearing officer, and the Council
retained authority over the appeal decision. He stated the rules and regulations allow any
employee to appeal a matter to the Council, and the Council would have the opportunity
to question an employee following a hearing and prior to the final decision.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 1 COUNCILMEMBERS: Coronado
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF FALL NEWSLETTER DRAFT: The City
Manager presented a report dated July 1 which transmitted the final draft of the Fall
Newsletter articles.
It was moved by Mayor Mullen and seconded by Councilman Coronado to approve the final
draft of the newsletter articles as submitted. Councilman Coronado requested that the
newsletter include an article on the national "Keep America Beautiful" award won by
Cypress. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Rowan & Mullen
None
None
City Council Minutes
July 13, 1981
CONSIDERATION OF PARKING RESTRICTION ON MOODY STREET BETWEEN PARK
AVENUE AND CAMP STREET: The City Manager presented a report regarding this
matter from the Public Works Director dated July 7 and a supplemental report from the
Assistant City Manager dated July 9 indicating this item was inadvertently placed on the
July 13 agenda and should be continued to the July g? meeting as requested by the
Council. Staff reported that the interested property owners were notified that the matter
will be on the July Z7 agenda.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to continue
the matter regarding the Moody Street parking restrictions to the July Z7 meeting. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Rowan & Mullen
None
None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by
Councilman Lacayo and seconded by Councilman Coronado to approve the Warrant List for
Warrants #58996 through #59119 in the total amount of $508,107.85. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Rowan & Mullen
None
None
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL
WARRANT LIST: Acting as the ex officio Board of Directors of the Cypress Recreation
and Park District, it was moved by Councilman Lacayo and seconded by Councilman
Coronado to approve the District Warrant List for Warrants #13Z54 through #131199 in the
total amount of SZ0,SZ6.ZT. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Rowan & Mullen
None
None
ORAL COMMUNICATIONS: Mr. Francis Boykin, 5917 Noumea, Cypress, spoke in regard
to the Resolution adopted tonight for the Hungarian freedom fighters ZSth anniversary
which the Council had suggested be presented at the Founders' Ball on July g4. Mr. Boykin
suggested that the Resolution be presented to Dr. Erdaly during the celebration on
Saturday, July gS, at which time other resolutions would be presented in a ceremony by
Cypress' legislative representatives. The Council requested that staff notify Dr. Erdaly
that the resolution would be presented to him during the July Z5 ceremonies.
ADJOURNMENT: Mayor Mullen adjourned the meeting at 7:34 p.m.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CIT~Y OF CYPRESS
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