Minutes 81-07-27MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
July 27, 1981
The reg,,lar meeting of the Cypress City Council was called to order at 6:30 p.m. on
Monday, July 27, 1981 in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, Callfornia, Mayor Gerald Mu]len presiding.
PRESENT:
ABSENT:
Councilmembers Lacayo, Rowan and Mullen
Councilman Coronado
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney,
and the fo]lowing City staff members: Davenport, DeCarlo, Duke, Lam m, Powell and
Schatzeder.
PLEDGE OF ALLEGIANCE: The City Attorneyled the pledge of allegiance.
ORAL COMMUNICATIONS: Mayor Mullen asked if anyone wished to speakin regard to
any matters not on the agenda.
Mr. George Boscon, 10432 Saratoga, Cypress, reported that a delegation from the Cypress
Rotary Club visited the City of Noda, Japan, in May and officials there were very
enthusiastic about a Sister City program with the City of Cypress. Mr. BoScon requested
that the City Council proceed by approving in principle a sister city affiliation, and he
indicated the Rotary Club would lend its a~tance. Mr. Boscon felt the program would
require minimal staff time for preparing the appropriate documents. He reported that
officials from Noda will be visiting Cypress in November. He suggested that Cypress plan
a welcoming ceremony for the officials from Noda.
Mayor M ullen stated he supported the sister city affiliation providing that the costa to
Cypress would be minim aL The City Council requested that staff draft a Resolution to
implement the sister city program.
Mr. Francis Boykin, 5917 Noumea, Cypress, reported that the City's 25th anniversary
celebration this past weekend was very successful Mr. Boykin complimented the
following Recreation District staff members who were involved in the various activities:
Director Marvin DeCarlo, Ron Thomas, Sheryl Puryear, Malcolm Johnson, Sue Markel and
Ruth Raheb.
Councilm an Rowan stated that interest had been expressed by participanta in the
celebration for holding the event on an annual basis, and having a two-day event. He
requested that the corn mittee provide the Council with a sum mary report which evaluates
the advantages and disadvantages of ~ year's program which could be used for reference
if such a program i~ planned in the future.
Councilman Rowan expressed kis condolences over the recent passing away of Cypress
resident Jam es Duncan, who regularly attended and participated at City Council meetings.
The City Manager advised the Council of the death of Mr. Ed Just who had been involved
with the Santa Ana River flood control project.
MINUTES: It was moved by Councilman Lacayo, seconded by Mayor Mullen and carried to
approve the minutes of June 29 and July 13, with Councilman Rowan abstaining on the
minutes of June 29.
CONSIDERATION OF RENEWAL OF CONTRACT WITH SIGNAL MAINTENANCE, INC.:
The City Manager presented a report from the Public Works Director dated July 14
recom mending that the City renew the contract for traffic signal maintenance for a
three-year period with Signal Maintenance, Inc.
City Council Minutes
July 27, 1981
It was moved by Councilman Lacayo and seconded by Mayor M ullen to approve the renewal
of the traffic signal malntenance contract with Signal Maintenance, Inc. for a three-year
period as outlined in the staff report. The motion unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF MATERIALS TESTING AND CONTROL FOR HEATER
REMIX AND A.C. OVERLAY ON VARIOUS ARTERIAL STREETS IN THE CITY OF
CYPRESS, PROJECT 98201-90: The City Manager presented a report from the Public
Works Director dated July 15 which outlined the two bids received.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to determine that the
lowest responsible bidder for Project #8201-90 ~s Smith-Emery Company, 3148-Q La
Palm a Avenue, Anaheim, California, and award them a contract in the amount of
$2,800.00. The motion unanimously carried by the fo]lowing roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR THE HEATER REMIX AND
OVERLAY OF VARIOUS ARTERIAL STREETS IN THE CITY, CITY OF CYPRESS
PROJECT 98201-90: The City Manager presented a report from the Public Works
Director dated July 16 outlining two bids received.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to: (1) determine that
the lowest responsible bidder for heater remix ~ncluding rejuvenation) for Project #8201-
90 is Copperstate Asphalt Heaters, Inc., P. O. Box 17627, Tucson, Arizona, and award
them the contract in the amount of $53,132.20, and (2) determine that the lowest
responsible bidder f(x cold planing for Project #8201-90 is G. J. Payne Company, P. O. Box
4906, Carson, C~]~ornia, and award them the contract for the cold planing equipment
rental including operation for various arterial streets in the City, in the amount of
$10,740.00. The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR MOVING THE CYPRESS POLICE
DEPARTMENT TO TEMPORARY FACILITY AT OXFORD JR. HIGH SCHOOL, REQUEST
FOR QUOTATION #8182-01: The City Manager presented a report from the Finance
Director dated July 20 outlining the two bids received.
It was moved by Mayor M ullen and seconded by Councilman Lacayo to accept the bid of
Bekins Moving and Storage, 2510 Main Street, Santa Ana, California, as the lowest
responsible bidder and award them the contract in the amount of $3,910.00. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR TELEPHONE MODIFICATIONS-
POLICE DEPARTMENT: The City Manager presented a report dated July 21
recom mending that a contract be awarded to the ITT Corporation for the relocation of the
Police Department's telephone and corn m unications equipment to Oxford School Staff
reported the City currently has a maintenance agree m ent for the City-owned telephones
with ITT, and the majority of the cost is for labor.
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City Council Minutes
July 27, 1981
It was moved by Councilman Lacayo and seconded by Mayor Mullen to award a contract to
the ITT Corporation in an amount not to exceed $12,958 for the installation of telephone
equipment- The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR FURNISHING AND INSTALLING
CARPETING FOR CYPRESS POLICE DEPARTMENT TEMPORARY FACILITY, REQUEST
FOR QUOTATION #8182-02: The City Manager presented a report from the Finance
Director dated July 27 outOining three bids received.
It was move by Councilman Lacayo and seconded by Mayor Mullen to accept the bid of
Fredericks Floors, Inc., 10532 Walker Street, Cypress, as the lowest responsible bidder and
award them the contract in the amount of $3,560.00. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Lacayo, Rowan & Mullen
N one
Coronado
CONSENT CALENDAR: Mayor Mullen announced that allitems listed on the agenda
under "Consent Calendar" were to be considered by the Council as routine and enacted by
one motion approving the recom m endations on the agenda.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve Items #7
through #21 on the Consent Calendar. The motion unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
Item #7: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item #8: Consideration of a Request by the Leukemia Society of America, Inc., Tri-
County Chapter, to Proolal m the Week of Septe m ber 15-22, 1981 as Leuke mia Week.
Recommendation: That the Mayor and City Council officially proolalm the week of
September 15-22, 1981 as "Leukemia Week" in the City of Cypress as requested.
Item #9: Consideration of Providing Interim Custodial Services at Cypress School on
G rin~lay Street.
Recommendation: That the City Council authorize the Public Works Maintenance Division
to provide interim custodial services to the Orange County Board of Education at the
Cypress Elementary School with the City to be fully reimbursed for all costs.
Item #10: Acceptance of Lincoln Avenue from Bloomfield Street to valley View Street
Traffic Signal~, City of Cypress Project #7927-50, FAU Project M-6214(1).
Recommendation: That the City Council accept the Lincoln Avenue traffic signa]~ from
Bloomfield Street to Valley View Street as being satisfactorily completed in accordance
with plans and authorize the City Clerk to release the Labor and Material Bonds upon
expiration of the required lien period providing no liens have been filed and to release the
Faithful Perform ance Bonds upon expiration of one year's guarantee providing no defects
in material and workmanship become evident.
Item #11: Consideration of a Claim Filed by Thomas P. Dovidio, Esq., Attorney for
Madeline Jeno and Douglas Jeno, A Minor.
Recommendation: That the City Council officially reject the subject claim as submitted
and refer the ~lalm to the City's claim adjuster, Carl Warren & Company, for appropriate
d~po~tion.
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City Council Minutes
July 27, 1981
Item ~12: Consideration of an Application for Leave to Present a Late Claim and a Claim
for Damages Filed by H. Stephen Hostetler, Inc., On Behalf of John Andrew Beglin.
Recom m endation: That the City Council officially deny the application for leave to
present a late claim and reject the subject claim, and refer the claim to the City's claim
adjuster, Carl Warren & Company, for appropriate disposition.
Item 913: Consideration of Lease Agreement for Office Space for OCCRMA
A d m inistr ator.
Recommendation: That the City Council approve the lease agreement with the Orange
County Cities Risk Management Authority and authorize the Mayor to sign and the City
Clerk to attest.
Item #14: Consideration of Request for Adjustment in the Maximum Annual Payment for
City Audit Service~
Recommendation: That the City Council grant the request of Jamieson & Watkins to raise
the maximum annual amount to $4,000.00 for City audit services.
Item ~15: Consideration of a Resolution of the City of Anaheim Re: A Proposed State
C onstitutional A m endm ent Relating to Local Agency General Obligation Bonds.
Recommendation: That the City Council direct the City's voting representative to the
League of California Cities to vote in support of the Resolution at the August 13 General
Meeting.
Item #16: Consideration of Resolutions from the Cities of Lawndale and San Juan
Capistrano in Support of Ratification of the Peripheral Canal Referendum.
Recommendation: That the City Council direct staff to prepare responses for the Mayor's
signature to the appropriate officials expressing the City of Cypress' support for
ratification of the Peripheral Canal R eferendu m.
Item # 17: C onsideration of For m er "~{ ot Line" Telephone Recording Equipment.
Recommendation: That the City Council concur with staff's proposed use of the telephone
recording equipment-
Item #18: Consideration of Appointment to the Orange County Health Planning Council
Recom m endation: That the City Council authorize staff to readvertise the vacancy for a
representative to the Health Planning Council and seek applications through August 21.
Item # 19: Consideration of Agreement for Litter Cleanup Program.
Recommendations: That the City Council authorize the City Manager to enter into a
contract agree ment with the 0 range County Probation Department for a litter cleanup
program (JC W P).
Ita m ~ 20: Consideration of D esignation of State Hearing officer.
Recom m endation: That the City Council authorize and direct a request to Bicknell
Showers to furnish his services at the hearing, take ~]1 evidence and prepare a proposed
decision relating to the disciplinary action.
Item 921: Consideration of Request for Adjustment in the Maximum Annual Payment for
Audit Services for the Cypress Recreation & Park District.
Recommendation: That the City Council, acting as the ex officio Board of Directors of
the Cypress Recreation and Park D£~trict, approve the request of Jamieson & Watkins to
raise the maximum annual amount to $700.00 for audit services for the D~strict.
CONTINUATION OF CONSIDERATION OF A RESOLUTION ESTABLISHING THE CITY'S
APPROPRIATIONS LIMIT FOR THE 1981-82 FISCAL YEAR: The City Manager presented
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City Council Minutes
July 27, 1981
a report dated July 22 indicating this item was continued from the June 29 meeting. He
reported that adoption of the appropriations limit was a require m ent of the G ann
Initiative.
It was moved by Mayor Mul~en and seconded by Councilman Lacayo to adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 2407
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT
FOR THE 1981-82 FISCAL YEAR.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONTINUATION OF CONSIDERATION OF A RESOLUTION DETERMINING THAT PARK
AND RECREATION FEES MAY BE USED AS APPROPRIATED IN THE 1981-82
BUDGET: The City Manager presented a report dated July 21 indicating this item was
continued from the June 29 meeting.
It was moved by Mays Mullen and seconded by Councilman Lacayo to adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 2408
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS DETERMINING THAT PARK AND RECREATION FEES
MAY BE USED AS APPROPRIATED IN THE 1981-82 BUDGET.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONTINUATION OF PUBLIC HEARING RE: APPROPRIATION OF REVENUE SHARING
F U N D S: Mayor M ullen opened the public hearing. The City Manager presented a report
dated July 21 indicating that the hearing was continued from the June 29 meeting. Staff
recom mended that an appropriation of $1~150,800 of Revenue Sharing funds be used to
f/nance an expansion and rem odeling pr(~ect to the exL~ting Police Department facility.
Mayor M uilen asked if anyone wished to speak in support or in opposition to the proposed
appropriation of Revenue Sharing funds. No one wished to speak in support or in
opposition.
Councilm an Rowan stated that the one-tim e expenditure of the Revenue Sharing funds was
for positive capital im prove m ents needed by the Police Depart ment, and the funds would
not be used fc~ on-going operational expenditures. Mayor Mullen stated that the proposed
expenditure of the funds had been discussed in detail previously by the City Council
It was moved by Councilman Lacayo and seconded by Mayor Mullen to close the public
hearing and approve the expenditure of $1,150,800 of Federal Revenue Sharing funds for
the remodeling of the Cypress pa]ice building. The motion unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
City Council Minutes
July 27, 1981
CONTINUATION OF PUBLIC HEARING RE: ADOPTION OF THE 1981-82 BUDGET FOR
THE CYPRESS RECREATION AND PARK DISTRICT: Mayor Mullen opened the hearing.
The City Manager presented reports dated July 21 and June 16 and recom mended approval
of the Park District budget. The City Manager also read acom munication from
Councilman Coronado dated July 15 which read as follows:
Recom mendations--Budget Adjustment, FY 81-82, for City of Cypress. Introduction.
Gentle men, with your concurrence at the tim e of our budget overview session with staff, I
arranged a second session on June 20, 1981 to review in detail our City's finances and
proposed expenditures for the f~scal year 1981-82. In deference to the City Manager's
request, I did agree to a postponement and the budget review session was held on July 11,
1981. The review sessions were lengthy and detailed and m any of the questions I raised
were satisfactorily answered. Indeed, over~l]: I would like to say this year's proposed
Budget has been well prepared, is generally consistent with long standing Council
direction, and the ent/re staff is to be highly corn mended. Proposed Budget
Modifications. Nevertheless, there were areas of the Cypress Budget where I believe'the
proposed increases to be excessive, for which staff was unable to provide adequate
jus~cation in our detailed discussions. I recom mend that the proposed budget for these
items be reduced to the amount suggested in Attachment 1. For the Com missions, the
reductions result from a lack of a definitive program, and I am also recom mending a mid-
year review. I have provided, attendant to each item, a brief discussion to substantiate
my recommendation. I am prepared tD offer additionalinformation, as you may desire. In
addition, I recom mend a delay in the capital expenditures of $71,500 for Police cars, with
each car's condition to be reviewed quarterly, as indicated in Attachment 2. Discussion. I
wish to emphasize that my suggested budgets are quite libera]~ perhaps overly so. For the
items addressed, my recom mended level of expenditures totals about $700,000 versus last
year's expenditures of about $534,000. Corresponding staff proposals total about
$1,010,456 ~ncluding the car capital expenditures). The net reduction is nearly $328,000.
Statements have been made that the City is in excellent financial condition, with high
reserves, and there is therefore no need to cut back on the budget. My response to ~ is
simply there is never justification for loose control of expenditures of taxpayers' monies.
Money saved on operational costs, while maintaining quality services, can be used to
provide other services and benefits to the citizens of Cypress. Facilities at the Oxford
School property is one example. Recommendations for the Future. Having concluded my
arduous review and sessions with staff, as I prepare thi~ final report, I am strongly
cognizant of the fact that we must seek to give staff new direction. To hesitate, I fear,
will result in the waste of untold thousands of dollars and may bring forth strong financial
repurcussions in the not too distant future. I ask you to review and consider the following
recommendations and suggestions for the future in the spirit in which I present them. This
spirit I am sure we share in corn mon--it is the determination to maintain our City in a
stable and strong financial position. Most of these items have been previously d~cussed
with the City Manager and the Finance Director. (1) Perform a cost benefit study, for all
departments, to assess the benefits to be derived through outside contract services. A
sm ooth transition is suggested, as attrition opportunities might arise. Under no
circumstances are reductions in personnel otherwise contemplated. An im mediate
opportunity to place this reco m m endation into effect is with the Oxford School property.
Rather than employ six new maintenance employees, as has been expressed, a custodial
service contractor should be retained. The cost savings in contracting is well
established. The City of La Mirada, as an example, very much akin to Cypress--40,986
population, 7.8 square miles in area, County median income level--is a "Contract City". It
maintains a total work force of only 55 full time employees. This flscalyear their
proposed budget is $8,300,000 compared to the Cypress budget of $9,984,000. It has
received statewide acclaim as the most efficiently run city in southern California.
Another example of the benefits derived through out~ide contracting ~s our very own
experience with the City Hall custodial contractor. The cost savings realized with th~
outside firm, when compared to retaining a full time employee, is phenomenal (2)
Investigate the feasibility and cost effectiveness of instituting a program for licensed
vehicle recycling. The obvious candidates are the Police vehicles. These units, having
served maximum usefullife, necessary refurbishment would be performed and the vehicles
then reas~gned to City departments with less demanding application. It can be
appreciated that paint and engine overhau~ are far cheaper than investing in new
vehicles. (3) Benef/ts derived from services provided by our Collection Consultant have
been negligible. If by mid-f~scal year the results of his efforts do not reflect positive
benefits, his services should be terminate~k (4) Review the equipment sharing program and
evaluate its equity, in fair trade or hard dollars. Report to Council (5) Restructure the
Parks and Recreation fee split so that more income is realized for City application. The
District is clearly in,need of revenue and decided imbalances are recognized in several
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City Council Minutes
July 27, 1981
current operations. Sum mary. In sum mary, following detailed review of the 1981-82
proposed Budget and expenditures, I am recom mending reductions in the proposed Budget
in the areas and amounts contained in Attachments 1 and 2, amounting to cuts of about
$328,000. Recommendations are also presented for Council redirection to staff for the
future. I ask your serious consideration of these items. Attachment i~FY 81-82 Budget
Adjustments, Pages 1-5; Attachment 2--Memo to City Council from Cornelius Coronado
"Report-Licensed vehicle Replacement FY 81-82" dated July 11, 1981.
Copies of these reports are on file in the City Clerk's office. The City Manager explained
that C ouncilm an Coronado's recom m endations could be categorized as monetary and non-
monetary reductions. His propcsed reductions relating to City corn mission costs would not
result in real dollar savings since these costs referred to staff support services in the form
of employee salaries and fringe benefits. Under the program budget, staff suppOrt
-~moved from one program would be transferred to another budget program. A cost
reduction would be realized only through elimination of employee positions.
Mayor M ullen asked if anyone wished to speak in support of adoption of the budget.
Mr. Francis Boykin, 5917 Noumea, Cypress, stated the Recreation &Com munity Services
Com mission reviewed the District budget in detai~ and that he wholeheartedly supported
the budget. He com mended the District staff for their job performance and stated the
only way to reduce the budget would be to eliminate staff positions.
Mayor Mullen asked if anyone wished to speak in opposition.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, complained about the fact that the
restrooms at willow Park are locked and unusable which is an inconvenience for users of
the park. He requested that the restroom be opened. Councllm an Lacayo advised that the
restrooms are locked because of the considerable amount of vandalism which occurs to
park facilities. He suggested that this matter be discussed at a joint meeting of the
Council and Recreation Com mission. Mr. Hardcastle suggested that personnel be
reassigned from other duties to patrol the parks to prevent vandalism.
Mr. James Allen, 9080 Bloomfield, Cypress, suggested that the City consider installing
low-cost portable potties in the parks which would not be costly to replace if vandalized.
Mr. Mario Salazar, 9701 S~l~bury, Cypress, expressed concern over the loss of State
funding to municipalities and stated he welcomed Councilman Coronado's
recom m endations and hoped they would be seriously considered by the Council
The City Manager reported that one of C ouncilm an Coronado's budget recom m endations
was to appropriate $5,000 f(x a marqui~ sign at the Community Center to advertise
cultural arts activitie~
Councilman Rowan stated cities are only beginning to feel the impacts of the passage of
Proposition 13, that the recreation programs had been severely cut back, and cities are
unable to increase their tax revenue. Be stated he supported the Park District budget but
requested that staff prepare a report for the Council on Councilm an Coronado's budget
recommendations. Councilman Lacayo felt Councilman Coronado's proposed reductions in
corn m~on costs would not result in real dollar saving~ He felt the District staff was
minim al in comparison to their workload. He pointed out that the City had adopted
program budgeting six years ago.
It was moved by Councilman Lacayo and seconded by Mayor Mullen that the Council~
acting as the ex officfo Board of Directors of the Cypress Recreation and Park District,
close the public hearing and adopt the 1981-82 Budget for the Recreation and Park
District, including the three additions as listed in the June 16 staff report. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
The Council requested that staff prepare a report evaluating Councilman Coronado's
budget recom m endations, and also place on the next agenda the matter regarding the
appropriation for a marquis sign at the Community Center.
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City Council Minutes July 27, 1981
PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT-
FINICKY'S RESTAURANT~ 4300 LINCOLN AVENUE, CYPRESS: Mayor Mullen opened the
public hearing. The City Manager presented a report dated July 21 describing the
application to allow entertainment by a two or three piece musical group and dancing by
the restaurant patrons during the hours of 9:00 p.m. to 1:30 a.m. No written
corn m unications in support or in opposition to the application were received and the Police
Department's investigation found no basis to protest the granting of the permit.
Mayor Mullen asked if anyone wished to speak in support. No one wished to speak in
support- He asked if anyone wished to speak in opposition.
Ms. Margaret Anderson, representing the owner of Lincoln Plaza Shopping Center, located
adjacent to Finicky's Restaurant, requested that the patrons of the restaurant be
~Tohibited from parking at the shopping center, and that the restaurant clean up the debris
~nd beer bottles which litter the parking area nightly.
Mr. Bob Adams, 3443 Del Monte, Anaheim, the applicant, stated he was unaware that any
problems existed. He reported that the restaurant serves alcohol only on the premises and
that beer bottles m ay originate fro m the liquor store in the shopping center. Re stated
parking will be difficult to control He reported the restaurant's parking lot is cleaned
every morning.
Ms. Connie Bruns, 4306 Lincoln Plaza Way, Cypress, stated she was concerned over noise
which m ay originate from the entertainment and asked that a noise level limit be
impcsed. The Mayor advised that the original permit for the restaurant required
soundproofing of the building and that live entertainment had been previously provided by
past owners. Staff reported they had received no noise complaints in the past.
Mr. James Allen, 9080 Bloomfield, Cypress, suggested that the entertainment permit be
reviewed by the Council in six months to determine if problems are created. The Mayor
stated a live entertainment permit is subject to review at any time.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to close the public
hearing and approve the Live Entertainment Permit for Finicky's Restaurant to allow
entertainment during the hours of 9:00 p.m. to 1:30 a.m., with the condition that the
permit is subject to review by the Council at its discretion. The motion unanimously
carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Laca¥o, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT- CAMINO
O'BRIEN'S MEXICAN RESTAURANT~ 6197 BALL ROAD, CYPRESS: Mayor Mullenopen,'d
the public hearing. The City Manager presented a report dated July 21 describing the
application to allow entertain m ent by a single m usician/singer or a four-piece co m bo and
dancing by the restaurant patrons during the hours of 9:00 p.m. to 12:00 a.m. Staff
reported no written corn m unications in favor or in opposition to the per mit were received
and the Police Department's investigation found no basis to protest granting of the permit.
Mayor M ullen asked if anyone wished to speak in support or in opposition to the
applicatioru No one wished to speak in support or in OppOsition.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to close the public
hearing and approve the Live Entertainment Permit for Camino O'Brien's Mexican
Restaurant to allow entertainment during the hours of 9:00 p.m. and 12:00 a.m., with the
condition that the permit is subject to review by the Council at its discretion. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
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City Council Minutes
July 27, 1981
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #81-18, VIDEO AMUSEMENT
ARCADE, 6387 BALL ROAD (SCOTTY'S MARKET SHOPPING CENTER): Mayor M~en
opened the public hearing. The Community Development Director presented a report
dated July 20 describing the application to establish a video amusement arcade at 6387
Ball Road in the CG-10,000 Corn mercial General Zone. The proposed arcade would occupy
approximately 890 square feet. Staff indicated that the family owning the shopping center
would personally operate the business and would have the option of terminating it if it
became detrimental to other tenants in the center.
Mayor Mullen asked if anyone wished to speak in regard to the application.
Mr. James Allen, 9080 Bloomfield, Cypress, expressed concern over the proximity of the
proposed arcade to the ele m entary school and felt it m ay cause children to play hooky
from school and spend their lunch money.
Mr. Harry Nlm, 6381 Ball, Cypress, the applicant, stated he has operated the shopping
center for 10 years and if granted the permit he will operate the arcade in a busine~lfke
manner. He rep(xted there will be adult supervision during the business hours of 10 a.m.
to 10 p. m., no alcoholic beverages will be served, and no school children will be admitted
in the arcade during school hours. Mr. Nim stated he felt the staff's recom mended
conditions were reasonable.
Mr. James Allen stated his comments were made prematurely and that based on the
applicant's state m ents he withdrew his objections to the business if it is operated as
described by the applicant.
There was no one e/se wishing to speak.
Following discussion by the Council, it was moved by Mayor Mullen and seconded by
Councilm an Lacayo to close the public hearing and adopt the following Resolution by title
only, title as follows, approving Conditional Use Permit #81-18 subject to the conditions
recom m ended by staff and the additional condition that incorporates the com mitm ents
contained in the applicant's letter of June 30, 1981, including the condition that school
children not be admitted to the premises during school hours:
RESOLUTION NO. 2409
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 81-18-
WITH CONDITIONS.
The motion unanimou~y carried by the fo]lowing roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 81-19, VIDEO AMUSEMENT
ARCADE, 4917 LINCOLN AVENUE (CYPRESS SQUARE SHOPPING CENTER): Mayu~
Muilen opened the hearing. The Community Development Director presented a report
dated July 20 describing the application to establish a video amusement arcade at 4917
Lincoln Avenue in the C H-10,000 Com merciel Heavy Zone. The proposed arcade would
occupy approximately 800 square feet on the west side of the shopping center. The staff
report indicated no co m m unications w ere received regarding the application, and staff
recom m ended approval of the use per mit subject to seven conditions including a two-year
time limitation. The City Manager read a letter from Mr. Peter Cannon of the Reel
Estate Network who objected to i~suance of the permit based on h~ opinion that it would
be incompatible with existing stores in the center and noise could be detrimental to his
business next door.
Mayor Mullen asked if anyone w~shed to speak in support of the application.
Mr. Mike Jochum, 9461 Grind]ay, Cypress, consultant to the applicant, reported the arcade
wo~d be a family oriented business and they hoped to attract families and community
groups for which special evenings would be set aside. He reported the arcade would be
tastefully designed, with plants, indoor skateboard and bicycle parking racks, and
soundproofing on the w~l~m and ceiling. He felt the location was ideal since there was
-9-
City Council Minutes
July 27, 1981
ample parking and the business would not adjoin a high density residential area or be close
to a school Mr. Jochu m stated their rules would be strictly enforced, an adult will be on
the premises during operating hours, and they will implement a clean-up program for the
sidewalks and parking lot. He stated they wanted to avoid disturbing other businesses and
loitering. Mr. Yochum requested an extension of the 10:00 p.m. closing hour on the
evenings when the parents or community groups have exclusive use of the arcade. He also
requested that the use permit be granted for a five year period to coincide with the five
year lease and stated the applicant recognizes the Council's right to review the operation
at any time.
Councilm embers Lacayo and Rowan indicated they would not support approval of the
permit for a five year period and Councilman Lacayo expressed concern in having the
arcade open when other businesses in the shopping center are closed. Mr. Yochum stated
the applicant would support a review of the business by the Council earlier than two
years. Councilman Lacayo felt the City needed the control provided by the two year
limitation and he pointed out that neighbor ok~ections may be raised when the adjacent
condominiums are sold.
Mayor Mullen recom mended adding a condition (#8) to incorporate the corn mitments
contained in the applicant's July 15 letter to the Council
Mr. Carl Kulyk, a partner of Mr. Yochum, stated the applicant did not object to review by
the Council and recognizes that the use permit can be revoked at any time if there are
problems. He stated the design plan is a good one and the applicant realizes he must
operate the business properly.
Mr. James Allen, 9080 Bloomfield, Cypress, requested a response from the applicant
regarding school age children using the arcade during school hour~ Mayor Mullen stated
this would be prohibited pursuant to the rules outlined in the applicant's letter.
Mr. Sam Gabrie]~ 947 Pine, Long Beach, attorney for the applicant, felt the substantial
monetary invest m ent was an indication that the applicant was serious about the business
and would encourage him to satisfy the neighbors and the City. He stated the arcade
would provide a worthwhile activity for youth. Mr. Gabriel requested the same privilege
which is granted under other per mits whereby the business is not limited to a certain tim e
period.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, inquired about the distance between the
proposed arcade and the condominiums, and rear entrances to the arcade. Mr. Lam m
repc~cted the distance was 150 feet. Mr. Yoehum reported the arcade would have a front
entry for patrons and the rear door would be a service entry only or fire exit.
Mr. Rodney Patton, 72715 Mallul Drive, Anaheim, stated he supports the arcade and that
wh~]e he is not a minor he enjoys playing the games. He felt the Council had the authority
under a use permit to require proper supervision of the operation by the management.
M r. Robert Ar m on d, representing Fa m ily A m use ment C enters, Woodland Hills, stated hi~
company was approached by the applicant for a~tance in investing his savings in a
busines~ M r. Ar m ond stated his company spends considerable tim e in training their
clients to keep the businesses clean and to strictly enforce their rules and regulations
which are the most comprehensive in southern C~l~fornia. He stated their arcade games
use tokens rather than cash which helps prevent thefts. Mr. Armond stated their arcades
are controlled, maintained and profitable.
Mr. James Allen, 9080 Bloomfield, Cypress, recom mended a two year limit on the use
permit. He expressed concern over hang-outs for children.
Mr. John Perkins, 9219 Esther, Cypress, recom mended a time limit of two years for the
arcade. He pointed out that Mr. Nlm at Scotty's Market has owned the property for 10
years and was sat/sfied with a two year approval for his arcade.
Mr. Jim Stewart, 9080 Bloom f/eld, Cypress, felt the Council should be consistent in their
approval of arcades and he recom mended a two year limit on the use permit.
City Council Minutes
July 27, 1981
Mr. Mike Yochum, 9461 Grindlay, Cypress, stated that according to the City ordinance
there is no tim e limit on a conditional use per mit and that if the applicant had been aware
of the proposed two year limit they would have tried to negotiate a two year lease. He
requested that their use permit be reviewed at the end of two years, rather than expire.
Mr. Yochum reported the lease has been signed but it is subject to approval of the
conditional use per mit.
Councilman Rowan stated he reviews applications on an individual bas~ baaed on their
merit and he noted that the Council has the authority to review a use per mit at any tim e,
regardless of the two-year limit. He stated the shopping center in question has not been
too successful and co,~d use assistance. He stated he supports the application subject to
the corn mitments in the applicant's letter as a condition of approval~ subject to an annual
review of the business, and subject to the condition that the business will automatically be
reviewed upon receipt of complaints about the operation.
Mr. Yochum requested approval of hours of operation of 10:00 a.m. to midnight. Mayor
Mullen suggested that the hours could be extended as requested by the applicant following
the one year review. Councilman Rowan recom mended that the arcade could close at
midnight on Friday and Saturday nights only.
Mr. Sam Gabriel felt the applicant would agree with the compromise closing hour of
midnight on Friday and Saturday nights.
It was moved by Councilman Rowan and seconded by Mayor Mullen to close the public
hearing and adopt the following Resolution by title only, title as follows, approving
Conditional Use Permit #81-19 subject to the conditions recom mended by staff, with the
change to Condition ~6 to waive the two-year limit and require that the operation be
reviewed by the Council on an annual basi~; to change Condition 91 by including a closing
hour of midnight on Friday and Saturday nights; and to add Condition 98 which
incorporates the stipulations in the applicant's July 15 letter to the Council:
RESOLUTION NO. 2410
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 81-19-
WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
RECESS: Mayor Mullen called a recess at 9:30 p.m. The meeting was called back to order
at 9:45 p.m. with Councilman Coronado absent.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT ~81-20, PENNY RENT-A-CARt
INC., 5862 LINCOLN AVENUE, CYPRESS: Mayor Mullen opened the public hearing. The
C om m unity D evelopm ent Director presented a report dated July 17 describing the
application to establish a truck, trailer and automobile rental business at 5862 Lincoln
Avenue in the C H-10,000 Corn m ercial Heavy Zone. The applicant is requesting to park the
vehicles on the asphalt display area which was previously used by Dick Barbour Datsun.
The use permit application was submitted following the staff's notice to the applicant of
the illegality of corn mencing the business without a use permit and business license. The
applicant indicated he thought the necessary permits had been obtained by his business
manager and that he had no intentions of vialating City code~
Mr. Les Bechtold, 11 Odyssey Court, Newport Beach, the applicant, reported that he
proposed to use 20,000 square feet of the parcel for hi~ business on an interim basis for
approximately 24 to 36 months and that he did not propose any major structural changes.
He indicated the use would be on a short-term basis because it is anticipated the entire
property will be developed in the near future. Mr. Bechtold requested deferral of
Conditions ~2 and 6 based on h~s temporary use of the property. Mr. Lam m indicated
these conditions were imposed without staff's knowledge of the proposed temporary nature
of the business, and he indicated staff would not object to deferral of Conditions #2 and 6
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City Council Minutes
July 27, 1981
until a development plan is submitted for the property. The City Attorney suggested that
the Council limit the use permit to a three-year period and delete Conditions #2 and 6. If
the applicant wished to extend the business past the three years, or if another
develop m ent plan was proposed, the Council could consider im posing the conditions at that
time.
Mayor Mullen asked if anyone else wished to speak in support or in opposition to the
application. No one else w~shed to speak in favor or in opposition.
It was moved by Mayor Mu]len and seconded by Councilman Lacayo to close the public
hearing and adopt the following Resolution by title only, tine as follows, approving
Conditional Use Permit #81-20 subject to Conditions 81, 3, 4, 5 and 7, and the additional
condition that Conditional Use Permit 881-20 shall expire at the end of 36 months:
RESOLUTION NO. 2411
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 81-20-
WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
PUBLIC HEARING RE: ADOPTION OF THE FINAL HOUSING ELEMENT OF THE CITY'S
GENERAL PLAN: Mayor Mullen opened the public hearing. The Community Development
Director presented a report dated July 17 which transmitted the final draft of the Housing
Element. Staff indicated the Element conforms with the State Department of Housing &
Corn munity Development's guidelines, and should be transmitted to the State by August 1.
Mayor Mullen asked if anyone wished to speak in regard to the Housing Element.
Mr. Morris Spatz, 4508 Larwin, Cypress, inquired about the Housing Element provisions
relating to senior citizen housing. Staff reported that seniors housing was addressed on
pages 53 and 58 of the Element~
It was moved by Mayor Mullen and seconded by Councilman Lacayo to close the public
hearing and adopt the Resolution by title only, title as follows:
RESOLUTION NO. 2412
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS ADOPTING THE 1981 HOUSING ELEMENT OF THE
GENERAL PLAN FOR THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONTINUATION OF CONSIDERATION OF PARKING RESTRICTION ON MOODY
STREET BETWEEN PARK AVENUE AND CAMP STREET: The Public Works Director
sum m arized a report dated July 7 which described the request of the property owner at
9191 Moody Street for a change in the 24-hour parking restriction in front of hi~ home to a
7 a.m. to 6 p.m. parking restriction. The request was approved by the Traffic Corn mission
atits April 21 meeting and approved by the City Council on May 11 as a Consent Calendar
item. Follow~ng the receipt of a citizen complaint regarding the change in the parking
restriction, the Council requested th~s matter on their agenda for reconsideration. Staff
reported that from the centerline of Park Avenue to 140 feet northerly there exists a No
Parking Any Time restriction which they felt provides adequate sight distance for
motorists exiting Park onto Moody.
Mayor M ullen asked to hear from proponents requesting the parking restriction change.
-12-
City Council Minutes
July 27, 1981
Mrs. Therese McCormick, 9130 Esther, Cypress, asked how the 140 feet of No Parking
area was measured and stated she felt the area was less than 140 feet when measured
from the corner of Park/Moody ~o the first northerly driveway. The Council explained
that the 140 feet was measured from the centerline of Park Avenue since this is the point
at which vehicles exit onto Moody and from which sight distance is measured. Mrs.
McCormick related her concerns over the illegal parking in front of 9191 Moody which
occurs during the parking prohibition hours, the fact that area residents were not informed
of the propped change in the prohibition, the problem of poor visibility in this area
especially at night if cars are parked on Moody, the laxity in ticketing illegally parked
cars, the danger to bicycl~ts if cars are parked in the bike lane, and the problem of large
trucks parking frequently on Moody and in the parking lot of Evergreen Park. Mrs.
McCormick stated the residents are disturbed by the air brakes, refrigeration unite and
~arting up and running of motors in the early morning. Mrs. McCormick also reported
that a sight distance problem exists on Park Avenue at Esther which creates a problem for
motorists making a left turn onto Park when cars are parked on the north side of Park
Avenue. Mr. Schatzeder repo~ted that staff recom mended that the north side of Park
Avenue between Moody and Esther be signed for No Parking Any Time to alleviate th~
problem. Mrs. McCormick submitted a petition to the Council containing 100 signatures
and representing 64 homes. She stated these persons were primarily concerned about the
problem of exiting from Park onto Moody and over the laxity in ticketing illegally parked
cars. The petition stated that the Traffic Com mission had recently changed the parking
restriction on Moody without any representation from the community directly involved
and, because the signers did not feel this was done in their best interests, they requested a
reassessment of the entire traffic situation by the Traffic Corn mission and City Council as
soon as possible.
Chief Duke stated it is the Police Department's practice, except for the street sweeping
prohibition, to seek cooperation from parking offenders. He reported the police have
contacted the individuals parking a truck at Evergreen Park and requested that they stop,
and to hi~ knowledge they have stopped~ Chief Duke indicated he was not acquainted with
any of the persons involved. Chief Duke reported there is no prohibition against trucks
parking at the Park; however, there is a prohibition against trucks over 6000 pounds
driving on residential streets.
Mr. John McCormick, 9130 Esther, stated that when the property owner at 9191 Moody
petitioned the Council to permit parking for limited time periods in front of his home, the
Council mandated against it. Mr. McCormick expressed concern for children's safety in
the narrow bike lane. He stated it is difficult to exit Park Avenue because of cars parked
on Moody, and cars exiting Park must pass the white line. Mr. McCormick recom mended
that no parking-tow away signs be posted at Evergreen Park.
Mr. John Roper, 9140 Esther, stated his major concern was about the problem in exiting
Park Avenue since motorists' view was obstructed by a telephone pole and cars parked on
Moody. He stated cars exiting Park must pull out into oncoming traffic on Moody and this
i~ especially dangerous if northbound cars on Moody are turning left into Park. Mr. Roper
stated the noise from running refrigeration unite and idling engines is a nuisance. Mr.
Roper stated he would not o~ect to a/lowing a couple of parking spaces in front of 9191
Moody as long as there are limitations on what type of vehicles and who may park there
and providing there is v~sibility for cars making left turns out of Park Avenue.
Mr. John Perkins, 9219 Esther, stated the two problems are the lack of sight distance fo~
vehicles exiting Park Avenue and the trucks parking at Evergreen Park. Mr. Perkins
presented photographs of trucks parking at the Park and reported on the times and dates
they were parked He stated no citations were issue(l Mr. Perkins requested that trucks
be prohibited from parking on Moody and at Evergreen Park.
Mr. Roper submitted photographs tD the Council showing the obstructions of the telephone
pole and parked cars on Moody.
Mayor Mu]len asked if anyone wished to speak in support of the existing 7 a.m. to 6 p.m.
parking restriction.
-13-
City Council Minutes
July 27, 1981
Mr. Jacob Rynsburger, 9191 Moody, Cypress, indicated he felt he was entitled to parking
space in front of his home. He stated that when the City purchased his property, he was
required to install the public improvements on Esther Street and waive his access rights to
Esther. He stated he would not have sold the property if he had known that the City was
going to prohibit parking in front of his horn e. Mr. Rynsburger reported that the City
Council had approved his previous request for a co m bination bicycle/par king lane which
allowed parking in front of his home between 6 p.m. and 7 a.m. He stated this was not
accomplished because a neighbor had complained to the Council Mr. Rynsburger reported
that he parks a motorhome in his yard and there is room for only three vehicles to park in
the front yard. He reported the truck parking began during the last year when he
purchased his one truck. He reported he now stores this truck in Signal HiLL
C ouncilm an Lacayo stated the ho m eowners' concern was that the residential property on
~4oody was being used improperly for the parking of com m ercial vehicles. Mr. Rynsburger
stated he felt he was entitled to a 100 foot parking area in front of h/s property, since he
lacked access to Esther Street. He stated the sight distance at Park and Moody was no
worse than other corner locations in the City. He stated the sight obstruction is created
by the telephone pole and wall at the corner, not by vehicles parked on Moody. Mr.
Rynsburger suggested that a traffic signal could be installed at Park and Moody if
motorists have a problem exiting onto Moody. Mr. Rynsburger stated he was not
requesting permission to park trucks on the street and indicated he would not oppose an
ordinance prohibiting truck parking on the street and at the Park.
C ouncilm an Rowan reco m m ended that the Council proceed with the horn eowners' request
and refer the sight distance problem and truck parking problem to the Traffic
Corn mission. He requested that the City Attorney draft the truck parking ordinance for
the Council's consideration. Councilm an Rowan stated he would like to personally verify
the distance between the centerline of Park Avenue and the driveway at 9191 Moody.
C ouncilm an R o w an requested that the T raffic C o m m ission consider the possible
alternative of a right turn only f(x vehicles exiting Park Avenue.
The City Manager reported that an ordinance regarding truck parking had been drafted by
the City Attorney's office and was scheduled to be placed on the Traffic Com mission's
agenda for August 18.
Councilman Lacayo recom mended that the Traffic Com missioners listen to the City
Council tape recording of their discussion on this item. He recom mended that the Traffic
Corn mission consider a ban against truck parking on Moody since this has created a
problem for residents in the area. He also requested that the Com mission consider an
ordinance to prohibit truck traffic on arterial streets such as Orange and Walker except
for incidental purposes, and recom m ended that if such a prohibition is approved, the
appropriate signs be posted.
May(x Mullen asked if vehicle parking in bicycle lanes was acom mort situation. The
Public Works Director reported that permitted parking in bike lanes between 6 p.m. and 7
a.m. is a corn mon occurrence throughout the City. He stated the extent of parking
allowed was determined at specific locations when the bicycle lane was adopted. In areas
where there was a need for parking, the parking restriction was adjusted to accommodate
parking by the horn eowner; in other areas where there was no need for parking, such as
adjacent to a block wall and with no access to the street, no parking at any time was
posted.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to refer the matter
regarding the Moody Street parking restriction to the Traffic Corn mission for their review
and request that they submit a recommendation to the City Council Councilman Rowan
requested that staff provide statistical data on this location when the matter is again
reviewed by the Council He also requested that the Traffic Corn mission consider the
option of a right turn only out of Park Avenue. The motion unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
The staff stated they would place this item on the agenda for the Traffic Com mission
meeting of Tuesday, August 18, at 3:00 p.m.
-14-
City Council Minutes
July 27, 1981
CONTINUATION OF CONSIDERATION OF REQUEST FOR JOINT MEETING WITH THE
SENIOR CITIZENS C 0 M MISSIO N: The City Manager presented a report regarding this
matter dated July 22.
Mr. Morris Spatz, 4508 Larwin, Cypress, stated the Seniors Corn mission had many items to
discuss with the Council
The City Council agreed to schedule the joint meeting with the Senio~ Citizens
Com mission on Tuesday, August 4, at 7:00 p.m. in the Administrative Conference Room.
CONSIDERATION OF ALTERNATES FOR THE CYPRESS SENIOR CITIZENS
CO M MISSION: The City Manager presented a report from the Recreation & Park Director
dated July 16 indicating that the Senior Citizens Corn missioners recom mended a change to
Ordinance ~670 to provide four alternate Senior Com missioners at large, who shall attend
all meetings but vote only when acting in place of an absent Com missioner. The
Corn missioners felt the alternates would provide more input on the interests of senior
citizens and that potential absences of regular Com missioners necessitated the
appoint m ent of alternates.
Mr. Morri~ Spatz, 4508 Larwin, Cypress, recom mended that the four alternates be
appointed to serve in the absence of regular Corn missioner~ He stated the Seniors
Com mission had recom mended a procedure on how the alternates should serve.
It was moved by Councilman Lacayo, seconded by Mayor Mullen and unanimously carried
that the Council, acting as the ex officio Board of Directors of the Cypress Recreation
and Park District, direct staff to draft the Ordfnance to provide four alternate members
to the Senior Citizens Com mission.
CONSIDERATION OF SENIOR CITIZENS CENTER USE POLICY: The Recreation & Park
Director presented a report dated July 16 outlining a proposed use policy and priorities for
the Senior Citizens Center which was recom mended by the Senior Citizens Corn mission
and supported by the Recreation &Com munity Services Com mission.
It was moved by Councilman Lacayo and seconded by Mayor Mu]len that the Council,
acting as the ex officio Board of Directors of the Cypress Recreation & Park District,
adopt the Senior Citizen Center Use Policy as recom mended by the Senic~ Citizens and
Recreation & Corn munity Services Corn missions as outlined in the staff report.
Mr. Morris Spatz, 4508 Larwin, Cypress, stated the Seniors Com mission wished to restrict
usage to responsible adult groups in order to preserve the facilities against damage or
misuse and to ensure a profitable operation.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONTINUATION OF CONSIDERATION OF SPONSORSHIP OF THE MISS CYPRESS
PAGEANT: The City Manager presented a report dated July 22 which transmitted
information from Mr. Figoten of the Miss Cypress Pageant Corn mittee and from the
Manager of the Cypress Chamber of Corn merce. Mr. Figoten requested that the Council
rescind their action taken at the April 27 Council meeting in which they supported the
C ha m ber's sponsorship of the Miss Cypress Pageant.
It was moved by C ouncilm an Rowan, seconded by C ouncilm an Lacayo and unanimously
carried to waive the 11:30 p.m. adjournment time.
Mr. Figoten discussed his concerns over the fact that the Chamber of Commerce had
proposed to act as sponsor of the pageant when the Miss Cypres~ Pageant Corn mittee was
already in existence. H e stated the C ha mber only recently beca m e interested in
sponsoring the pageant after the form er Jaycees group and Miss Cypress Pageant
Committee had worked for several years to make the pageant successful Mr. Figoten
stated the Committee has demonstrated that it can conduct a successful
pageant and he felt the Committee should sponsor the next pageant.
City Council Minutes
July 27, 1981
Mr. Milton Y ates, president-elect of the C ha m bet of C om m erce, stated the Board has
formed acom mittee and budgeted funds for the Miss Cypress Pageant and the Chamber
would like to sponsor the contest. He stated the Chamber did not wish to restrict
participation by any groups or individuals and welcom ed participation by the entire
corn munity. Mr. Yates felt the matter of sponsorship was not under the Council's
jurisdiction.
M~ Doris Peterson, Manager of the Chamber, stated the Chamber had requested the
Council's approval for their sponsorship of the pageant because the Chamber was using the
City's nam e.
Councilmembers Lacayo and M ullen recom mended that the City refrain from involvement
in determining which community group, if any, would have responsibility for
sponsorship of any pageant or pageants.
It was moved by Mayc~ Mullen and seconded by Councilman Lacayo that the City Council
rescind their April 27 action of assigning responsibility for the Miss Cypress Pageant to
the Cypress Chamber of Corn merce and further, that the Council estahllmh a policy of non-
involvement in determining sponsorship of the }{iss Cypress Pageant. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONTINUATION OF CONSIDERATION OF ADOPTION OF THE 1981-82 BUDGET FOR
THE CITY OF CYPRESS: The City Manager presented a report dated July 22 and
recom mended adoption of the 1981-82 City budget. He reported the budget proposes total
expenditures amounting to $9,984,135 including major capital projects amounting to
$2,606,389, and total revenues are estimated to be $9,704,842. He stated staff felt this
was a reasonable and conservative budget compared to the last fiscal year during which
the City expended considerably less than the amount budgeted and the City received
considerably more revenue than what was anticipated in revenue pr~ections. Mr. Essex
reported that this year's departmental budget requests were reduced by $442,000 in order
to balance revenues and expenditures. He stated staff took a conservative approach in
preparing the budget, with the budget including only those requests previously approved by
the Council in the prior year, incorporating the salary corn mitre ents made during the last
meet and confer sessions and limiting e m ployee increases to only those previously
approve~ He stated the one exception was in the conversion of part-time custodian help
to a full-time basis which was needed to provide maintenance for the Community Center.
The City Manager stated the budget attempted to maintain the same service levels.
Councilman Lacayo suggested that the Council schedule a workshop meeting if they wish
to review the budget in detail Councilman Rowan suggested that the Council proceed
with adopting the budget but direct the staff not to exceed the expenditure limits as
recom m ended by C ouncilm an Coronado until the staff has responded with a report
describing the justification for those budget expenditure~
Councilm an Lacayo requested that the staff investigate the availability of funding
participation for the Lincoln Avenue cross gutter improvement project and for the use of
the 0 xford School facilities and include this inform ation in the report on the budget item s.
Mayor M ullen responded to several of the recommendations in Councilman Coronado's
letters of July 11 and July 15. He expressed support for investigating the
recommendations relating to outside contracting for services, and institution of a program
for licensed vehicle recycling, and indicated he would like to consider these and
Councilman Coronado's other recommendations at a workshop meeting. Mayor Mullen
questioned the source of the statement in Councilman Coronado's letter which indicated
that the City of La Mirada, a contract city, had received state-wide acclaim as the most
efficiently run city in southern California.
-16-
City Council Minutes
July 27, 1981
It was moved by Councilman Rowan and seconded by Mayor Mullen to adopt the following
Resolution by title only, tine as fallows, direct the staff not to exceed the appropriation
limits as suggested by C ouncilm an Coronado prior to further deliberations by the City
Council, and to request that staff prepare a report reviewing each of Councilman
Coronado's budget recom m endations for consideration at the August 24 Council meeting:
RESOLUTION NO. 2413
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL
YEAR COMMENCING JULY 1, 1981, AND FIXING THE
LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND
THE FUNCTIONS, DEPARTMENTS AND ACTIVITIES CARRIED ON
UNDER SUCH FUNDS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 C OUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
Mrs. Adrea Coronado, 5315 Yorkshire Drive, Cypress, stated the quote regarding the City
of La Mirada was from a recent Western Cities magazine article.
The City Manager indicated he would provide Mayor Mullen with a copy of the magazine
article.
CONSIDERATION OF RESOLUTIONS REGARDING THE NOVEMBER 3, 1981 MUNICIPAL
ELECTION: The City Manager presented a report dated July 22 which proposed suggested
language fa the measures which the Council requested to be placed on the ballot
concerning cable television, affordable rents1 housing and mall ballot elections. Staff
requested that the Council approve the wording of the ballot measures and adopt the
appropriate Resolutions calling fc~ the election.
Councilm an Lacayo requested that another advisory measure be placed on the ballot
dealing with the ~]l~ng of City Council vacancies, to read as follows: Should the City
Council of the City of Cypress be mandated to fill all vacancies on the City Council by
appointment rather than through special election? Councilman Rowan stated he did not
support placing this measure on the ballot.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to place the following
measures on the November 3 ballot~
M EASU R E: Shall the City of Cypress, through its appropriate agencies or private
developers, develop, construct or acquire housing for rental for the elderly, the
handicapped, and households of low income, not to exceed 100 dwelling unite?
M EASU RE: Sha/1 the City of Cypress, through its appropriate agencies or private
developers, develop, construct or acquire housing for rental for elderly persons of
~-~w income, not to exceed 100 dwelling units?
ADVISORY MEASURE: Should the City of Cypress conduct special elections by
m ail, as oppcsed to the traditional method utilizing polling places, when the City
Council deter mines that such special elections can be m ore efficiently and
effectively conducted by m ail?
ADVISORY MEASU RE: Should the City of Cypress conduct special elections by
m ail, as opposed to the traditional method utilizing polling places, when such
special elections concern a single ballot proposition and do not involve the election
of city council m e m bers?
ADVISORY MEASURE: Should the City of Cypress provide cable television
services to its residents?
ADVISORY MEASURE: Should the City of Cypress provide cable television
services by awarding a franchise to a private concern?
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City Council Minutes
July 27, 1981
A D VIS O R Y M E A S U R E: Should the City of Cypress provide cable television
services through a m unicipally ow ned cable television system ?
The m orion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 C O U N CIL M EMBERS: Coronado
It was moved by Councilman Lacayo and seconded by Mayor Mullen to place the following
advisory measure on the N ove m ber 3 ballot:
A DVISO R Y M EASU RE: Should the City Council of the City of Cypress be
mandated to ~]] all vacancies on the City Council by appoint m ent rather than
through special election?
The motion carried by the following roll call vote:
AYES: 2 COUNCILMEMBERS: Lacayo & Mullen
NOES: 1 COUNCILMEMBERS: Rowan
ABSENT: 1 COUNCILMEMBERS: Coronado
It was moved by Councilman Lacayo and seconded by Mayor Mullen to adopt the fallowing
Resolution by title only, title as follows
RESOLUTION NO. 2414
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN
SAID CITY ON TUESDAY, THE 3RD DAY OF NOVEMBER 1981.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 C OUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
It w as moved by C ouncilm an L acayo and seconded by Mayor M ullen to adopt the following
Resolution by title only, title as fallows:
RESOLUTION NO. 2415
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL
ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 3, 1981,
WITH THE COUNTY-WIDE GENERAL DISTRICT ELECTION TO BE
HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE
ELECTIONS CODE.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
It was moved by Mayor Mullen and seconded by Councilman Lacayo to adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 2416
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, AUTHORIZING CERTAIN OF ITS
MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING CITY
MEASURES.
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City Council Minutes
July 27, 1981
The m orion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
It was moved by C ouncilm an Lacayo and seconded by Mayor M ullen to direct the City
Attorney to prepare an impartial analys~ of all measures on the November 3 ballot,
excluding the three measures relating to cable television. The motion unanimously carried
by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF GROUP MEDICAL INSURANCE PREMIUM INCREASES: The City
Manager presented a report dated July 21 which described the proposed increases by
PrudentialInsurance Company and Family Health Program for City employees' health
insurance. Staff recom m ended approval of a one-year agree m ent with Family Health
Program fez health insurance, and a 30-day continuation of the Prudential Insurance
Company services to August 31, during which time staff will explore other alternatives for
provision of health insurance and report their findings to the Council.
It was moved by Mayor Mullen and seconded by Councilman Rowan to authorize staff to
enter into a one-year agreement with the Family Health Program for health insurance; and
authorize the continuation of the services of the PrudentialInsurance Company for a
thirty day period concluding on August 31, 1981. The motion unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF A COMMUNICATION FROM MRS. MARJORIE RUSS RE: THE
SALE OF FIREWORKS: The City Manager presented a report dated July 22 which
~ransmitted a corn m unication from a Cypress resident concerning the sale of fireworks.
It was moved by Councilman Rowan, seconded by Councilman Lacayo and unanimously
carried to continue th~s matter to the August 10 Council meeting.
CONSIDERATION OF INTERIM URGENCY ORDINANCE: AMUSEMENT ARCADES: The
City Manager presented a report from the Corn munity Development Director dated July
17 who recom mended the adoption of an interim urgency ordinance declaring the need to
withh~ld the processing of any future conditional use per mits for am usem ent arcades
during the next 120 days. Staff recom mended adoption of the ordinance due to the
numerous applications for amusement arcades being submitted to the City and the fact
that the City lacks uniform regulations concerning the establishment and operation of
amusement arcades. Staff advised that the adoption of an interim urgency ordinance
would require four affirmative votes of the Council
It was moved by C ouncilm an L acayo, seconded by Mayor Mullen and unahimously carried
to schedule a public hearing f(x the August 10 meeting to consider the ordinance declaring
the need to withhold processing conditional use permits for amusement arcades for a 120
day period.
CONSIDERATION OF UTILIZATION OF OXFORD JR. HIGH SCHOOL FACILITY: The
City Manager presented a report from the Administrative Coordinating Team dated July
22 which described tJ%e Team's recom mended priorities for use of the Oxford School
facility.
It was moved by Councilman Lacayo and seconded by Councilman Rowan to authorize the
relocation of the Cypress Police Department to the ground floor of Building A of the
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City Council Minutes
July 27, 1981
Oxford School as outlined in the staff report, and to continue this item to the August 24
Council meeting. The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by
Councilman Lacayo and seconded by Councilman Rowan to approve the Warrant List for
Warrants #59120 through 959220 in the total amount of $693,880.19. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mu]len
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 C OUNCILMEMBERS: Coronado
CONTINUATION OF CONSIDERATION OF A RESOLUTION ESTABLISHING THE
CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE
1981-82 FISC AL YEA R: The City Manager presented a report dated July 21 indicating
thi~ item was continued from the June 29 Council meeting.
Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it
was moved by Councilman Lacayo and seconded by Councilman Rowan to adopt the
Resolution by title only, title as follows:
RESOLUTION NO. 115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, ACTING AS THE EX OFFICIO BOARD OF DIRECTORS
OF THE CYPRESS RECREATION AND PARK DISTRICT, A
SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING
THE CYPRESS RECREATION AND PARK DISTRICT'S
APPROPRIATIONS LIMIT FOR THE 1981-82 FISCAL YEAR.
The motion unanimously carried by the fo]lowing roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mu]len
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF FEES AND CHARGES POLICY STATEMENT: The City Manager
presented a report from the Recreation & Park Director dated July 16 which described a
fees and charges policy state ment explaining the methods used in setting various fees and
charges for Recreation & Park District programs. The po]icy statement was developed by
the Recreation & Corn munity Services Corn mission at the request of the City Council
Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it
was moved by Councilman Lacayo and seconded by Mayor Mullen to receive and file the
report. The motion unanimously carried by the fo]lowing roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mu]len
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL
W A R R A N T LIST: Acting as the ex officio Board of Directors of the Cypress Recreation &
Park District, it was moved by Councilman Lacayo and seconded by Mayor M u]len to
approve the District Warrant List for Warrants ~13300 through ~13367 in the total amount
of $28,403.64. The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Mu]len
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
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City Council Minutes
July 27, 1981
Councilm an Lacayo recom m ended that the Council schedule a joint meeting with the
Recreation & Corn munity Services Corn mission and indicated he had received citizen
inquiries and complaints concerning public access to parks and the use of the Oxford
School facilities. He requested that the Councilmembers suggest discussion items for a
joint meeting and that this matter be placed on the August 10 Council agenda.
Councilm an Lacayo reported that he had received citizen complaints from residents living
adjacent to the bicycle trail along the Stanton Storm Channel concerning debris being
thrown over the side of the channel and the lack of patrol The residents also inquired
about the extent to which the hike trail was being used. Councilman Lacayo requested
that staff prepare a report f(~ the August 10 meeting concerning use of the bike
Councilm an Lacayo requested that staff provide him wit31 a copy of the latest flight
activity schedule f(x the Los Alamitos Armed Forces Reserve Center.
ADJOURNMENT: Mayor Mullen declared the meeting adjourned at 12:45 a.m. in memory
of Mr. Ed Just. The meeting was adjourned to Tuesday, August 4, at 7:00 p.m. in the
Administrative Conference Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE ~ITY OF CYPRESS
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