Minutes 81-10-26q4 7
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
October Z6, 1981
The regular meeting of the Cypress City Council was called to order at 6:31 p.m. on
Monday, October Z6, 1981, in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Gerald Mu]len presiding.
PRESENT:
ABSENT:
Councilmembers Coronado, Lacayo, Rowan and Mullen
None
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney,
and the following City staff members: Barrett, Davenport, DeCarlo, Duke, Lamm, Powell
and Schatzeder.
PLEDGE OF ALLEGIANCE: The pledge to the flag was led by members of Den 1 of
Webeloh Pack #662.
PRESENTATION: At this time Mayor Mullen presented a community service plaque to
Assistant City Manager Dermis Davenport, who was leaving after serving lZ years in
Cypress to accept a position with the City of Lancaster, California. The Council
expressed their appreciation for Mr. Davenport's fine service to the City of Cypress.
ORAL COMMUNICATIONS: Mayor Mullen asked if anyone wished to speak in regard to
any matter not on the agenda. No one wished to speak.
MINUTES: Councilman Coronado made two typographical corrections to the minutes of
October 13 concerning his budget recommendations.
It was moved by Mayor Mullen, seconded by Councilman Lacayo and unanimously carried
to approve the minutes of October 13 as corrected.
STAFF REPORTS & DISCUSSION: The City Manager reported that the Cypress School
District Board had confirmed their November 5 meeting with the City Council. At the
City Manager's request, Mayor Mul]en added Item ~30 to the agenda regarding
appointment of a City Treasurer, and Item ~31 regarding an Executive Session for matters
of personnel and litigation.
CONSIDERATION OF AWARD OF CONSTRUCTION SURVEY CONTRACT~ BALL ROAD
IMPROVEMENTS~ AHFP NO. 1017~ CITY OF CYPRESS PROJECT ~8014-10: The City
Manager presented a report dated October 14 from the Public Works Director outlining
three bids received. Councilman Coronado stated he would abstain from voting until the
next item, relating to the same project, is considered.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to determine that
Duca and McCoy, 3840 East Coast Highway, Corona del Mar, California~ is the lowest
responsible bidder and award them the contract per their proposal in the amount of
$3,200.00. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Coronado
CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF BALL
ROAD FROM DENNI STREET TO MOODY STREET~ AHFP ~1017~ CITY OF CYPRESS
PROJECT 4~8014-10: The City Manager presented a report from the Public Works
Director dated October 19 which outlined 13 bids received. Councilman Coronado inquired
why the construction survey work and actual construction were not combined as one
contract. The staff reported that the contracts were separated in order to obtain the
lowest bids for each portion of the work, and this is staff's normal practice. Staff
indicated the construction contractor would probably employ a sub-contractor to perform
the construction survey which would increase costs by ] 0 to 15%.
City Council Minutes
October 26, 1981
It was moved by Councilman Lacayo and seconded by Mayor Mullen to determine that the
lowest responsible bidder is All American Asphalt, 93Z Town & Country Road, Orange,
California, and award them the contract in the amount of $Z59,389.70. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR PARKING CITATION
MANAGEMENT PROGRAM~ REQUEST FOR QUOTATION ~818Z-Z0: The City Manager
presented a report from the Finance Director dated October Z1 outlining five bids
received.
Councilman Lacayo recommended that the City seek support from other California cities
in requesting that the State institute a policy of automatically placing a lien on the
driver's license renewal for unpaid parking citations. He felt this would save cities the
cost of awarding contracts to outside agencies.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to accept the bid of
Vertical Management Systems as the lowest responsible bidder and award them the
contract for a period of two years, with a 60 day written cancellation clause, at a cost of
$.70 per citation, and that the City solicit support from the Orange County League of
Cities in requesting the State to undertake the service of enforcing parking citations.
Councilman Coronado stated he felt the State's involvement in performing the service
would be more costly. Councilman Lacayo agreed to separate the motion.
Councilmembers Lacayo and Mullen withdrew the motion and second.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to accept the bid of
Vertical Management Systems as the lowest responsible bidder and award them the
contract for a period of two years, with a 60 day written cancellation clause, at a cost of
$.70 per citation. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNC~LMEMBERS: None
It was moved by Councilmam Lacayo and seconded by Mayor Mullen that the Council
solicit support from other California cities to have the State automatically place a lien on
drivers' licence renewals for unpaid parking citations, to avoid cities paying the costs to
outside agencies. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Mayor Mullen reported that the City's resolution urging a State-wide barn on all types of
fireworks had been transmitted to the League of California Cities. The League had
declined the City's request for support based on their support of local control of fireworks
and the fact that fireworks are legal in a number of California cities.
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. Councilman Lacayo
requested the removal of Item #10.
It was moved by Councilman Coronado and seconded by Mayor Mullen to approve Items ~4
through 9 on the Consent Calendar with the exception of Item 4~10. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mul]en
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
-Z-
City Council Minutes
October Z6, 1981
Item #4: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item #5: Consideration of Proclaiming Thursday, November 19, 1981, as Great American
Smokeout Day.
Recommendation: That the Mayor and City Council officially proclaim Thursday,
November 19, 1981, as "Great American Smokeout Day" in the City of Cypress.
Item ~6: Consideration of National Bible Week Proclamation.
Recommendation: That the Mayor and City Council officially proclaim November Zz-zg,
1981, as "Bible Week" in the City of Cypress as requested.
Item ~7: Consideration of an Application for Alcoholic Beverage License Transfer Filed
by Issa Mustafa Badawiya, DBA Convenience Market, 50] 1 Ball Road, Cypress.
Recommendation: Receive and file.
Item ~8: Consideration of the Proposed Amendment to the By-Laws of the Orange County
Division, League of California Cities.
Recommendation: That the City Council request the City's voting delegate to support the
proposed amendments to the By-Laws of the Orange County Division, League of California
Cities.
Item ~9: Consideration of Water Conservation Resolution of the Metropolitan Water
District of Southern California.
Recommendation: Receive and file.
In regard to Item ~10 removed from the Consent Calendar, Consideration of Resolution of
the City of Hawthorne Urging the State Board of Prison Terms to Rescind the Early
Release Date for Sirhan Sirhan, the Convicted Murderer of Robert F. Kennedy,
Councilman Lacayo recommended that the Council adopt a similar resolution. He felt the
City should go on record opposing this type of threat to the American political system.
Mayor Mu]len recommended the deletion of the seventh whereas clause as written in the
Hawthorne resolution.
It was moved by Councilman Lacayo and seconded by Mayor to adopt the Resolution by
title only, title as follows, with the amendment recommended by the Mayor:
RESOLUTION NO. Z449
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS URGING THE STATE BOARD OF PRISON TERMS TO
RESCIND THE EARLY RELEASE DATE FOR SIRHAN SIRHAN, THE
CONVICTED MURDERER OF ROBERT F. KENNEDY.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
For the benefit of persons arriving late, Mayor Mullen asked if there were any Oral
Communications at this time.
Mr. Don Dombrowski, 5033 Evergreen, Cypress, read a proposal from the Cypress Little
League to improve the major baseball diamond at the Oxford facility. The cost of the
improvement program amounted to $11,551 compared to staff's estimate of $53,000. Mr.
Dombrowski stated the improvements would turn the diamond into a usable field, and that
the Little League would provide voluntary labor to make several of the improvements. He
stated they would llke the field ready by next February.
Councilman Lacayo requested that the League's proposal be considered together with Item
4~Z5 relating to the use policy for the Oxford facility.
-3-
City Council Minutes
October Z6, 1981
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #81-Z8, ON-SITE SALE OF
ALCOHOLIC BEVERAGES (BEER & WINE ONLY)~ CALIFORNIA SPORTS
DELICATESSEN~ 455Z LINCOLN AVENUE~ SUITES 10] & 10Z: Mayor Mullen opened the
public hearing. The Community Development Director summarized a report dated
October 16 describing the application to allow the on-site sale of beer and wine at the
California Sports Delicatessen located on the south side of Lincoln, east of Denni, in the
CH-10,000 Commercial Heavy Zone. No communications regarding the application were
received and staff recommended approval subject to one condition.
Mr. Gary Estrada, llZZ0 E. Candor Street, Cerritos, the applicant, reported they will
serve a wide variety of sanwiches and that they specialize in catering. Ne stated they
have a video tape machine and they will film local league activities and invite the
participants back to watch the tapes at the restaurant.
Mayor Mullen asked if anyone else wished to speak in support or in opposition to the
application. No one wished to speak in support or in opposition.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to close the hearing
and adopt the Resolution by title only, title as follows, approving Conditional Use Permit
#81-28 subject to the condition recommended by staff:
RESOLUTION NO. 2450
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 81-Z8 -
WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT ~81-Z9~ ON-SITE SALE OF
GENERAL ALCOHOLIC BEVERAGES~ 4925-492? LINCOLN AVENUE: Mayor Mullen
opened the public hearing. The Community Development Director presented a report
dated October 16 describing the application to allow the on-site sale of general alcoholic
beverages in a restaurant located in the Cypress Square Shopping Center at the northwest
corner of Lincoln and Moody Street. No communications regarding the application were
received and staff recoommended approval subject to one condition.
Mr. Derrick Newton, llg16 Park, Cerritos, the applicant, reported the restaurant will
serve English food for lunch, dinner and Sunday brunch, and there will be light
entertainment on weekends.
Staff indicated the applicant proposed to file for a special permit for the entertainment.
Mayor Mullen asked if anyone wished to speak in support or in opposition to the
application. No one wished to speak in support or in opposition.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to close the
public hearing and adopt the Resolution by title only, title as follows, approving
Conditional Use Permit ~81-Z9 subject to the condition recommended by staff:
RESOLUTION NO. Z451
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 81-29 -
WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COIJNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Rowan & Mullen
None
None
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City Council Minutes October 26, 1981
CONSIDERATION OF FACILITY USE POLICY FOR OXFORD JR. HIGH SCHOOL
FACILITY: The Recreation & Park Director presented a report dated October Z6 which
outlined four recommendations of the Recreation & Community Services Commission
concerning use of the Oxford School facility. Mr. DeCarlo stated staff would like an
opportunity to review the Cypress Little League's proposal, particularly the costs, lie
stated their proposal would create no conflicts for other youth sports leagues using the
Oxford facility. The Public Works Director stated the engineering division had no
objections to the Little League proposal although the staff would like to verify the
League's cost estimates since an appropriation by the Council will be necessary. Mr.
DeCarlo stated the Recreation Commission was primarily concerned with costs for
improving the Oxford playing field and with revenue sources, and he felt the Commission
would be open to a review of the Little League's proposal
Mr. Don Dombrowski, 5033 Evergreen, Cypress, representing the Cypress Little League,
identified cost-saving items in their proposal which included using the existing backstop,
diamond positions and sprinklers. He stated the Little League will contribute labor and
materials towards the improvement project amounting to about $5,000.
Councilman Lacayo stated he supported the proposal and felt it was a good example of
citizen involvement and cooperation.
Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it
was moved by Councilman Lacayo and seconded by Councilman Coronado to approve the
Oxford facility use as recommended by the Recreation & Community Services
Commission, with the addition of Item #5 requesting a staff report on a verification of the
cost figures and a timetable for implementation of the proposal, and to refer this matter
to the Recreation it Community Services Commission for their recommendation back to
the Council,
Councilman Rowan stated he supported the concept of the Little League's proposal but he
recommended that the Council consider the total of all park related costs, such as costs
for vandalism repair. He also requested a report on the Anaheim Union High School
District's response to the Little League proposal.
The motion ~manimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF CYPRESS BOYS' CLUB LEASE AGREEMENT
AND RELOCATABLE BUILDING PLACEMENT: The City Manager presented a report
dated October Z0 which indicated that the Boys' Club and VFW Post had reached an
agreement on the sale of the small Moody/Cerritos building. Transmitted with the report
was a letter from Mr. & Mrs. Stein concerning relocation of that building to the Boys' Club
Moody/Myra location. The City Manager suggested that the Council determine whether
any additional buildings will be allowed on the Moody/Myra site.
Mr. Larry Wuebker, 8661 Acacia Drive, Cypress, speaking on behalf of the Cypress Boys'
Club, stated an arrangement was worked out to everyone's satisfaction. He indicated
there may be a buyer for the small storage shed and this matter should be resolved by the
end of the week.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to request the
City Attorney to prepare the appropriate leases with the Cypress Boys' Club and the
Cypress V.F.W. Post 9847 for the properties located at 10161 and 10491 Moody Street.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCIl.MEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Rowan & Mullen
None
None
-5-
City Council Minutes October 26, 1981
CONTINUATION OF CONSIDERATION OF THE APPEAL BY FELIX M. LOPEZ OF A ONE
DAY SUSPENSION: The City Manager presented a report dated October Z0 indicating this
matter was continued from the October 13 meeting at the employee's request. Also
transmitted was a letter from Mr. Jeff Baird explaining his status in regard to the
disciplinary action. The City Manager related the City's policy against the use of City
vehicles for personal use and the specifics of the one-day suspension of Mr. Lopez.
The City Attorney summarized the position of Mr. Richard Goodman, the City's legal
representative during the personnel hearing, in defense of the disciplinary action. He
reported that the employee acknowledged that he did use a City vehicle on a personal
errand, however, the employee was disputing the appropriateness of the disciplinary action
taken by his supervisor. The professional arbiter who conducted the personnel hearing
concluded that, based on the lack of evidence concerning the employee's allegations of
bias because of his political activities and ethnic background, the history of the case
dating from the first offense in Spring of 1978, the Ske]ly letter, and admission of
improper use of a City vehicle by the employee, the one-day suspension imposed was fair.
Mr. Jeff Baird, 7182 C Melrose, Buena Park, stated he is a candidate for the bar and is not
representing Mr. Lopez in a professional capacity but as a friend and spokesman. Mr.
Baird spoke in defense of Mr. Lopez. The major points he raised were that he felt the
violation was a minor one, the City's enforcement of its vehicle policy is inconsistent and
sporadic, and that City vehicles have been improperly used by other City employees. Mr.
Baird requested that Mr. Lopez' personnel record be cleared.
The City Manager responded to Mr. Baird's statements and stated his policy is to
discourage the personal use of City vehicles. He reported that employees have been
disciplined for first offences and if there is a reoccurrence then stricter action is taken.
He reported that dismissals have occurred in the past for this type of violation. In the
case of Mr. Lopez, this was a second offense which the employee was told not to repeat.
Mr. Baird elaborated on his points that the employee was not disputing that a technical
violation occurred but questioned the fair and equal enforcement of the City policy.
Councilman Rowan pointed out that the issues raised by Mr. Baird were issues considered
by the hearing officer. Councilman Lacayo stated the City cannot condone a violation of
City policy. He stated the employee's record should reflect the violation of City policy
but that the one-day suspension should be removed since it would serve no further purpose.
Ms. Lillian Linvidia, 81ZZ Fillmore, Anaheim, reported she is a personnel manager and her
practice is to retain the record of an employee's infraction in the personnel file for a year
and if there are no further infractions the record is cleared. She stated other employees
may have misused City vehicles and she indicated that in Mr. Lopez' case he may have
been on a break.
The Council held discussion on the matter. Councilman Coronado felt the City had been
lax in its enforcement and he recommended that the employee's record be purged. Mayor
Mullen stated he could not support a clearing of the employee's record but suggested that
the one-day suspension be removed since fairness did not call for such a severe
punishment.
It was moved by Mayor Mullen and seconded by Councilman Lacayo that the reprimand
remain in Mr. Lopez' file and that the one-day suspension be withdrawn.
The Council held further discussion relative to disposition of this matter. The Public
Works Director expressed his opinion as to why the Council should support management
staff's decision. He stated the disciplinary action was based on staff's careful
consideration of all facts. The Council also discussed the matter of releasing personnel
record information to prospective employers. Staff reported that the only information
released over the phone is to verify information given by the caller and is usually for
purposes of a credit check. Written information on an employee is only released with the
employee's written consent. Councilman Lacayo recommended that the Council consider
at a future date the matter regarding purging personnel files after a specific time period.
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City Council Minutes
October 26, 1981
The motion failed to carry by the following roll call vote:
AYES: g COUNCILMEMBERS: Lacayo & Mullen
NOES: Z COUNCILMEMBERS: Coronado & Rowan
ABSENT: 0 COUNCILMEMBERS: None
Councilman Coronado moved that Mr. Lopez' personnel record be purged.
Councilman Lacayo asked if such a motion would apply to other employees and whether
such action was covered in the Memoranda of Understanding with employee associations.
The City Attorney stated he did not recall any provisions in the Memoranda relating to the
maintenance of personnel records. He suggested that any change dealing with the
maintenance of personnel records be considered in the meet and confer process. He
reported that an employee's personnel file is maintained for the duration of his
employment with the City. He also indicated that if the Council approved the purging of
records for one employee it could expect to receive similar requests from other
employees.
Councilman Coronado's motion died for lack of a second.
Councilman Rowan moved that the Council uphold the findings of the hearing officer. The
motion died for lack of a second.
It was moved by Mayor Mullen and seconded by Councilman Lacayo that the reprimand be
retained in Mr. Lopez' personnel file but that the one-day suspension be withdrawn.
Mr. Jeff Baird suggested that the reprimand be deleted from the personnel file after a
specified period of time. He stated Mr. Lopez was more concerned with his personnel
record than the one-day suspension.
The motion failed to carry by the following roll call vote:
AYES: Z COUNCILMEMBERS: Lacayo & Mullen
NOES: Z COUNCILMEMBERS: Coronado & Rowan
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Mullen called a recess at 8:55 p.m. The meeting was called hack to order
at 9:03 p.m. with all Councilmembers present.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to continue this
matter to the November 9 meeting. The motion failed to carry by the following roll call
vote:
AYES:
NOES:
ABSENT:
Z COUNCILMEMBERS: Lacayo & Mullen
Z COUNCILMEMBERS: Coronado & Rowan
0 COUNCILMEMBERS: None
The City Attorney advised that, unless overruled by the Council, the disciplinary action
would remain in effect.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to table this item.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
I COUNCILMEMBERS: Coronado
0 COUNCILMEMBERS: None
In response to a question from Councilman Coronado, the City Attorney advised that the
new member appointed to the Council in November would be able to act on this matter if
he reviews the hearing officer's transcript. He stated he would submit this opinion in a
letter to the Council.
-7-
City Council Minutes
October 26, 1981
CONTINUATION OF CONSIDERATION OF ZONING AND LAND USE STATUS FOR
PROPERTIES LOCATED ON ACACIA DRIVE: The Community Development Director
summarized a report dated October 19 indicating that attorney Alan Burns, on behalf of
Mr. G.W. Sinclair, had requested the City to commence litigation for removal of the sewer
contracting business located on Acacia Drive. Staff indicated their present analysis was a
repetition of the last major review by the City Council in 1978 at which time the Council
reviewed, considered and rejected the other alle~ations of zoning violations on Acacia
Drive. Staff transmitted their 1978 zoning analysis for the Acacia Drive property with the
staff report. Staff's update of the properties concluded that the only outstanding violation
was the parking of excavating equipment in the rear yard by the sewer contracting
business. Mr. Lamm reported that a home occupation permit was issued in error to the
sewer contracting business since the business has been in operation on the property since
1947, is a non-conforming use, and it cannot comply with the provisions of the home
occupation permit. He stated the Council could revoke the home occupation permit or
determine that the business is a non-conforming use and require a three-year amortization
period.
Mr. Alan Burns, 1055 N. Main, Suite 10Z0, Santa Ana, attorney representing Mr. G. W.
Sinclair of 8602 Acacia Drive, stated they would like to reaffirm their request for vigorous
enforcement of the City's zoning laws. He specifically asked for prosecution of the sewer
contracting business violation. Mr. Burns felt that, if the business's home occupation
permit was revoked, the property could not revert to a legal non-conforming use status.
The City Attorney stated he held a different opinion on this point in that he felt the
property would revert to a legal non-conforming status.
Mr. Everett Weerheim, 8551 Acacia Drive, Cypress, described activities and conditions on
Acacia which he felt constituted violations of the City's zoning regulations involving the
sewer business and hay business. He stated the City has never followed-up on his previous
colnplaints. Mr. Weerheim expressed concern over the number of trucks involved in the
hay business and the noise they create. He was also concerned over the expansion of the
sewer contracting business which creates excess employee traffic, and over high speeds of
traffic on Acacia Drive.
Mr. G. W. Sinclair, 8602 Acacia Drive, spoke on the purpose of the RS-15,000 Zone as
contained in the Zoning Ordinance. Mr. Sinclair complained that zoning violations existed
at the horse stable operation on Acacia and cited health problems resulting from animal
waste and structures constructed without City permits. Mr. Sinclair also felt violations
existed with the hay business and indicated it was no longer an accessory use on the
property. He expressed concerns about the speeding traffic and dust originating from the
sewer contracting business and the gas pumps located on that property. Mr. Sinclair
requested enforcement of the City's zoning regulations. Mr. Sinclair asked that the
residential character of the RS-15,000 Zone be maintained and that only complementary
and harmonious uses be permitted.
Mr. Alan Burns expressed his opinion that the amortization period should begin from the
date of adoption of the ordinance which makes the land uses legal and non-conforming.
Mr. Larry Wuebker, 8661 Acacia Drive, stated Acacia Drive is a unique and atypical street
in the City and is non-conforming in its nature. Mr. Wuebker rebutted several comments
of the previous speakers regarding alleged zoning violations. He stated he felt provisions
of the RS-15,000 zoning were restrictive. Mr. Wuebker felt the persons with complaints
were in the minority.
Mr. Howard Allmaster, 4252 Crescent, Cypress, reported he is the new owner of the hay
business and that he leases the property. He reported he has met with City staff on
several occasions regarding his conditional use permit, that he recognizes the problems
and has taken steps to correct the complaints made against the business. Mr. a. llmaster
stated he wants to preserve harmony on the street and will do what he can to abide by the
conditional use permit.
Mr. Howard Daniels, 8542 Acacia Drive, stated he moved to his property with the
understanding that he would not be able to have a business in his yard but that he would be
able to have animals in the yard. Mr. Daniels stated he had no objections to any businesses
on the street but that he would object to permitting random uses in the zone.
-8-
475
City Council Minutes
October 26, 1981
Mrs. Judy Daniels, 8542 Acacia, stated all the residents were aware of conditions on the
street when they moved in. She stated the sewer contracting equipment and the dwelling
on the property are immaculate and the equipment is kept out of sight. She felt the
complainers should accept the conditions on the street or move elsewhere.
Mr. Weerheim stated he liked the RS-IS,000 zoning and felt other property owners should
live up to the zoning which they requested. Mr. Sinclair stated the planning department's
report contained many misleading inaccuracies which should be corrected.
In response to a question from Mayor Mullen, Mr. Lamm stated the Council had the
authority to amend the Zoning Ordinance and to determine permitted and conditional uses
in the RS-15,000 Zone, or to rezone the properties. Mayor Mullen indicated he wished to
preserve the unique nature and atmosphere on Acacia Drive. Councilman Coronado stated
he would like to maintain the status quo and that he did not feel the sewer contracting
business constituted a serious violation.
Councilman Coronado moved to receive and file the staff report, with the understanding
that staff will continue its work in this area and attempt to resolve the problems. The
motion was not seconded.
It was moved by Mayor Mullen and seconded by Councilman Lacayo that the Council
determine it is their policy to preserve the status quo on Acacia Drive and direct staff to
undertake a study of land uses in the RS-15,000 Zone to achieve that goal.
Councilman Coronado felt the staff should be allowed to work with the property owners to
resolve the problems.
Mr. Alan Burns stated they are requesting prosecution of the zoning violation. He asked if
the Council wished to preserve the status of the violation. Mayor Mullen stated this
matter would be discussed during a public hearing.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Lacayo, Rowan & Mullen
I COUNCILMEMBERS: Coronado
0 COUNCILMEMBERS: None
Councilman Coronado stated he did not support the motion since he felt it was aggravating
the situation unnecessarily.
CONTINUATION OF CONSIDERATION OF STANTON CHANNEL BIKE TRAIL: The City
Manager presented a report from the Public Works Director dated October 15 which
described actions which staff is implementing to improve the bicycle trail. Chief Duke
reported that, during the period January 1, 1981 to the present, four robberies had
occurred in homes which abut the Stanton Channel.
Mrs. Cherie Hippler, 6271 Barbados, Cypress, stated she did not favor the bike trail
remaining open. She expressed concerns over possible robberies and personal injuries
especially to women who are home alone. She recommended that the Police Department
patrol the area better and she suggested that they use a three-wheeled motorcycle along
the drainage channel.
Councilman Lacayo stated that a homeowner in the area who had attended the last
Council meeting planned to pursue a Neighborhood Watch program in the area. Chief
Duke suggested that possibly the homeowners who abut the channel could increase the
height of their rear walls to eight feet. He further reported that, according to the police
computer readouts, the majority of burglaries during the first six months of 1981 occurred
in the townhouse area. Councilman Rowan requested that staff prepare a: port
comparing the number of burglaries which have occurred before and after the development
of the bicycle trail.
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City Council Minutes
October Z6, 1981
It was moved by Councilman Lacayo and seconded by Mayor Mullen to receive and file the
staff report and to request the Mayor to send a letter to the Orange County Flood Control
District describing the needed fence repairs and the liability created for the District and
City and the potential it creates for robberies~ and requesting that the Flood Control
District repair the fence. 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 City Attorney clarified his response made in regard to Item ~14 concerning the appeal
by employee Felix Lopez. He reported that he reviewed the City's personnel rules and
regulations and found that, if the Council takes no action to uphold the disciplinary action,
the effect would be an overruling of the disciplinary action. He indicated the Council may
continue the matter for 30 days at a time, not to exceed 90 days.
Mayor Mullen requested that staff recall this item for the Council's consideration at:
the next regular meeting.
CONSIDERATION OF INSTALLATION OF NEIGHBORHOOD WATCH SIGNS: The Public
Works Director presented a report dated October Z1 describing the request by homeowners
in District 28 to install Neighborhood Watch signs near the entrances to the tracts. The
signs have been purchased by the Neighborhood Watch group participants and would be
installed by the Maintenance Division. The Traffic Commission, at its meeting of October
g0, reviewed the sign proposal and indicated they had no objections provided that
standards are developed for the sign installations.
Mr. Emery Baggs, 6432 Elm Avenue, and Mr. Ern Wiley, 5914 Mildred Avenue, Cypress,
described the Neighborhood Watch signing proposal and presented samples of the two sizes
of Neighborhood Watch signs. Mr. Wiley reported they plan to use the standard
Neighborhood Watch sign which is used by other communities. Mr. Baggs reported that
86% of the 148 homes in his tract are active Watch members and they all agreed on the
size of the sign and all contributed towards their purchase. Mr. Wiley reported the signs
would be posted off the main thoroughfares so as not to conflict with traffic regulatory
signs.
It was moved by Councilman Rowan and seconded by Mayor Mullen to authorize the
installation of citizen-furnished Neighborhood Watch signs at the entrances to the
residential tracts from arterials where requested in accordance with standards established
by the Engineering Division for location and installation. The motion unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSIDERATION OF SUB-LEASE BETWEEN THE CITY OF CYPRESS AND THE
NATIONAL EDUCATION CORPORATION FOR A PORTION OF THE FACILITIES AT
OXFORD JR. HIGH SCHOOL: The City Manager reviewed a report dated October
which described the terms of the proposed four and a half year lease with RETS Electronic
Schools for Buildings A, B and C at the Oxford School. He reported this item was on the
Anaheim Union High School District Board's agenda for October
Mr. Wayne Gilpin, Z30Z Woodcliff Court, Arlington, Texas, President of the National
Institute of Technology, provided a background of N.I.T. and reported they began an
expansion program across the country in 1979 in which they have attempted to open new
schools in closed public school buildings. Mr. Gilpin stated they will encoursge the
continued use of the Oxford buildings by the community on a space available basis. He
reported their school has strict rules and regulations which the students are expected to
abide by as well as any community users. Mr. Gilpin stated their emphasis is on training
men and women in the technological fields of electrical engineering, telecommurmications,
computers and cable television. He reported they anticipate beginning with 40 students,
and adding 60 students per quarter for a maximum of 400 students in the 7th quarter by
late 1983. He also reported that, based on their figures of 1.9 students/car, the maximum
cars parking on campus would be about Z00. Mr. Gilpin reported parking area is available
outside Buildings B & C and parldng will present no problem even with the Police
-10-
City Council Minutes
October 26, 1981
Department occupying the buildings. Mr. Gilpin reported there are no school activities on
the weekend and on weekends they will employ security guards. He reported they plan to
have snack vending machines but no restaurant or snack bar.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve the sub-
]ease between the City of C~press and RETS Electronic Schools as outlined in the staff
report, subject to the granting of a conditional use permit. 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
Mr. Gilpin stated that Mr. Don Jackson, Director of their school, will be present for the
conditional use permit hearing on November q.
CONTINUATION OF CONSIDERATION OF STAFF REPORT ON COUNCILMAN
CORONADO'S BUDGET RECOMMENDATIONS: The City Manager presented a report
regarding this matter dated October 15 which had been requested by the Council at the
October 13 meeting.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to continue this item
to the November 9 meeting. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC NUISANCE AT 5981 ORANGE
AVENUE (MACHO TACO RESTAURANT): The City Manager presented a report from the
Community Development Director which indicated that all hazardous weeds and debris
have been removed from the property; however, the property still ]acks landscaping
groundcover. Staff recommended that the Council review compliance with the conditional
use permit if the property is not re]andscaped within the next 30 days.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to receive and
file consideration of public nuisance abatement and schedule a review of compliance with
the original Conditional Use Permit ~77-]4 if the property is not relandscaped within the
next 30 days. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Laca¥o, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNC]LMEMBERS: None
CONTINUATION OF CONSIDERATION OF RECOMMENDATION FOR APPOINTMENT TO
THE CYPRESS CMC CENTER CORPORATION: The City Manager presented a report
dated October Z0 which transmitted the application from Mrs. Ellen Friedmann.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to recommend the
appointment of Mrs. Ellen Friedmann to the Cypress Civic Center Corporation to fill the
vacancy. 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 ANNUAL ARTERIAL HIGHWAY FINANCING PRO(JRAM~ CITY OF
CYPRESS PROJECT ~8013-10: The City Manager presented a report from the Public
Works Director dated October 1Z describing the Cerritos Avenue improvement project,
between Moody and Walker Streets, which staff recommended for inclusion in the 198Z/83
and 1983/84 Arterial Highway Financing Program.
-11-
City Council Minutes
October 26, 1981
It was moved by Mayor Mullen and seconded by Councilman Lacayo to adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. Z45Z
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE
WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE
DEVELOPMENT OF CERR1TOS AVENUE FROM MOODY STREET TO
WALKER STREET.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPOINTMENTS TO THE CYPRESS YOUTH COMMISSION: The
City Manager presented a report dated October 20 which transmitted four applications
which were received for the two vacancies on the Youth Commission.
The City Council agreed to schedule the interviews for the Youth Commission at their
meeting of Thursday, November 5, in the Administrative Conference Room.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: Staff responded
to questions from Mayor Mullen regarding several items on the warrant list.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve the
Warrant List for Warrants ~59886 through ~60015 in the total amount of $433,016.48. The
motion unanimously carried by the following roll cai1 vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
It was moved by Councilman Lacayo, seconded by Mayor Mullen and unanimously carried
to continue the following two items to the November 9 Council meeting:
Item ~Z6 - Consideration of Park Anti-Vandalism Program; and
Item ~] 7 - Consideration of Future City Anniversary Celebrations.
CONSIDERATION OF NEW VrINTER PROGRAMS AND PROPOSED FEES: The City
Manager presented a report dated October 15 from the Recreation & Park Director which
described two new classes for the winter session: The Backyard Scientist and Chinese
Brush Painting.
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 approve the proposed
new classes and class fees as described in the staff report. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL
WARRANT L/ST: Acting as the ex officio Board of Directors of the Cypress Recreation &
Park District, it was moved by Councilman Coronado and seconded by Mayor Mullen to
approve the District Warrant List for Warrants #13609 through itl 3644 in the total amount
of $155,705.50. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
-12-
City Council Minutes
October 26, 1981
In regard to Item 4~30 concerning appointment of a City Treasurer, the City Manager
recommended the appointment of June Lambert. Mayor Mullen requested a description of
the duties of City Treasurer and recommended that the appointment be ma(le for a 30 day
temporary period at this time.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve the
appointment of June Lambert as City Treasurer for a period of 30 days.
Mr. Francis Boykin, 5917 Noumea, Cypress, inquired about the appropriateness of
appointing an employee versus a public member to this position. Mayor Mullen stated this
item will be considered by the Council
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Coronado, Lacayo, Rowan ir Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 11:41 p.m. for
matters of personnel and litigation. The meeting was called back to order at 12:04 a.m.
with all Councilmembers present.
ADJOURNMENT: Mayor Mullen adjourned the meeting at 1Z:04 a.m. to Thursday,
November 5, at 7:00 p.m. in the Administrative Conference Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY cLERK OI~THE CITY OF CYPRESS
-13-