Minutes 81-11-09MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
November 9, 1981
The regular meeting of the Cypress City Council was called to order at 6:32 p.m.,
on Monday, November 9, 1981, in the Cypress City Council Chambers, 5275 Orange
Avenue, Cypress, California, Mayor Gerald Mullen presiding.
PRESENT: Council Members Coronado, Rowan, and Mullen
ABSENT: Council Member Lacayo
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City
Attorney, and the following City staff members: Barrett, DeCarlo, Lamm, Powell,
Robertson, and Schatzeder.
PLEDGE OF ALLEGIANCE: The pledge to the flag was led by Mayor Pro-tem Coronado.
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: Mayor Pro-tem Coronado inquired whether the City Attorney had prepared
a letter in regards to the newly elected Council Member's ability to act on
the Fe]ix Lopez disciplinary action issue as noted on page 7 of the October 26
Minutes.
The City Attorney advised that he would transmit a letter to the Council before
the next meeting.
It was moved by Mayor Mullen, seconded by Mayor Pro-tem Coronado and unanimously
carried to approve the Minutes of October 26, 1981.
STAFF REPORTS AND DISCUSSION: The City Manager advised that Councilman Lacayo
had a business conflict with tonight's meeting and would not be present.
The City Manager also advised the Council that the City of Cypress Rotary Club
is hosting a delegation from Noda City, Japan on November 16, 17, and 18 and
on the 18th the group would be visiting the City Hall at 9:45 a.m. for a short
presentation in the Council Chambers, followed by a tour of the City Hall,
Cormnunity Center and Cypress College for a luncheon. Mr. Essex invited any
of the Council Members who are available to meet with this delegation.
Mayor Mullen added Item #25 to the agenda relating to the appointments of the
Alternates to the Senior Citizens Commission. At the request of Mayor Pro-tem
Coronado the Mayor added Item #26 to the agenda requesting an Executive Session
for the purpose of possible litigation. Mayor Mullen added an item regarding
illegal political activity as Item #25a at the request of Councilman Rowan.
CONSIDERATION OF AWARD OF CONTRACT FOR FURNISHING GRATES FOR THE WASH RACK AT
THE MAINTENANCE YARD, REQUEST FOR QUOTATION #8182-21: The City Manager pre-
sented a report from the Public Works Director dated October 26, 1981, which
outlined five bids received. Mr. Essex advised that the original low bidder,
Astrograting of Bellflower, did not meet the specifications and that the second
low bid of American Iron Works does meet the specifications and is slightly
below the engineers' estimate.
It was moved by Councilman Rowan, seconded by Mayor Mullen to reject the bid
of Astrograting, 10125 Flora Vista Street, Bellflower, Ca. 90706, as being
non-responsible to specifications and to determine that the lowest responsible
bidder for Project No. 8212-90 is American Iron Works and award a contract
for furnishing grates for the wash rack to American Iron Works, 12822 East
Whittier Blvd., P. O. Box 1937, Whittier, Ca. 90609, in the amount of $3,021.00.
The motion carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Coronado, Rowan, and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
City Council Minutes
November 9, 1981
CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE POLICE BUILDING
ADDITION AND REMODELING, CITY OF CYPRESS PROJECT NO. 8036-90: The City Manager
presented a report dated November 2, 1981 from the Public Works Director out-
lining the five bids received.
In response to Councilman Rowan's question concerning the qualifications of
the bidder, the Public Works Director advised that this contractor had con-
structed several schools for the Saddleback School District and had received
an excellent rating.
It was moved by Councilman Rowan and seconded by Mayor Pro-tem Coronado to
1. Authorize a budget transfer from the General Fund and appropriate $124,000.00
from the fund balance of the General Fund to Account #10-4186-411.24; and 2. De-
termine that the lowest responsible bidder for Project No. 8036-90 is Pinner
Construction Company, Inc., and award a contract for the construction of the
Police Building Addition and Remodeling Base Bid, including Alternatives 1, 2,
3, 5 and 6 to Pinner Construction Company, Inc., 15330 Vermont Avenue, P. O.
Box 106, Paramount, Ca. 90806, in the amount of $1,376,935.00. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Coronado, Rowan, and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
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
will be enacted by one motion approving the recommendations listed on the agenda.
It was moved by Mayor Pro-tem Coronado and seconded by Mayor Mullen to approve
Items #3 - #11 on the Consent Calendar. The motion unanimously carried by the
following roll call vote:
AYES: 3 COUNCIL MEMBERS: Coronado, Rowan, and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
Item #3: Motion to Introduce and/or Adopt all Ordinances Presented for Consi-
decation by Title Only and to Waive Further Reading.
Item #4: Consideration of Claim Submitted by Mr. James M. Steele.
Recommendation: That the City Council officially reject the subject claim and
refer it to the City's Claim Adjuster, Carl Warren & Company, for appropriate
disposition.
Item #5: Consideration of an Application for Alcoholic Beverage License Transfer
Filed by Timoleon and Henrietta Litos, D.B.A. Liquor Emporium & Deli, 9175 Valley
View Street, Cypress.
Recommendation: That the City Council receive and file this application contingent
upon the future approval or disapproval of a conditional use permit.
Item #6: Consideration of an Application for an Original Alcoholic Beverage
License Filed by Joseph Francis Brennan and Sandra Kay Nafzgar, D.B.A. Mr.
Mug, 5892 Lincoln Avenue, Suite A, Cypress.
Recommendation: That the City Council receive and file this application con-
tingent upon the future approval or disapproval of a conditional use permit.
Item #7: Consideration of Acceptance of Traffic Signals Located at Ball Road/
Juanita Street and Crescent Avenue/Carob Street, City of Cyp.ress Project No.
8027-50.
Recommendation: That the City Council 1) Approve the Contract Change as out-
lined in the report; and 2) Accept the traffic signals located at Ball Road/
Juanita Street and Crescent Avenue/Carob Street as being satisfactorily completed
in ac(:ordancewith the Plans and Specifications and authorize the City Clerk to
release the Labor and Materia]s Bonds upon expiration of the required lien
periods, providing no liens have been filed and to release the Faithful Per-
formance Bonds upon expiration of one year's guarantee, providing no defects
in material and workmanship become evident.
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City Ce. until Minutes
November 9, 1981
Item #8: Consideration of I)esignation of Mayor Mullen as the Official City
Represt. ntative to Receive tbe Keep America Beautiful Award.
Reconmlendation: That the City Councl] designate Mayor Mullen to be the City
of Cypress' official representative to receive the National Keep America
Beautiful Award at the National Awards Luncheon in Washington, D.C., on
Wednesday, December 9, ]981, and be reimbursed for all actual and necessary
Item #9:
Services.
Consideration of Adoption of a New Fee Schedule for Animal Control
Recommendation: That the City Council z~dopt the Resolution by title only,
title as follows, adopting tile new Anima] She]ter fee schedule:
REStlLUTION NO. 2453
A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING A NEW ?CE SCHEDULE FOR ANIMAL SHELTER AND ANIMAL
CONTROL SERVICES, EFf'~ECTIVE NOVEMBER 1, ]981.
item #10: Consideration of Acceptance of Traffic Signal at Katella Avenue
and Holder Street, City of Cypress Project No. 8206-50.
Recommendation: That the City Council accept the Katel]a Avenue and Holder
Street signals as being satisfactorily completed in accordance with the Plans
and Specifications and authorize the City Clerk to release the Labor and
Material Bond upon expiration of the required lien period, providing no liens
have been filed, and to release the Faithfnl Performance Bond upon expiration
of one year's guarantee, providing no defects in material and workmanship
become evident.
Recreation and Park District Matters:
Item #1[: Consideration of Appropriation for Replacement of Two Microwave
veDs.
Recommendation: That the City Council, acting as the ex-officio governing
Board of Directors for the Cypress Recreation and Park District, authorize
a budget transfer from the Cypress Recreation and Park District's General
Fund for the purchase of two formerly on-loan microwave ovens and appro-
priate $689 from the fund balance of the General Fund account.
CONTINUATION OF CONSIDERATION O~. STAFl~ REPORT ON COLrNCILMAN CORONADO'S
BUDGET RECOMFfENDATIONS: Mayor Mullen advised that this matter should be con-
sidered by a full Counci]. It was moved by Mayor Mullen and seconded by Mayor
Pro-tom Coronado to continue this matter to the next regular meeting. The
motion unanimously carried hy th~ following roll call vote:
AYES: 3 COUNCIL MEMBERS: [;oronado, Rowan, and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNC iL MEMBERS: l.acayo
CONTINUATION OF CONSIDERATION OF SCHEDULING INTERVIEWS FOR YOUTH COMMISSION
APPLICANTS: Hearing no objectioss, tile Mayor continued this item to the
next regular meeting for consideration by a full Council.
CONTINUATION OF CONSIDERATION OF TltE APPEAL BY FELIX M. LOPEZ OF A ONE-DAY
SUSPENSION: The City Manager advised that this item was tabled at the last
Council meeting with the request of having this item reconsidered before a
30 day period expired. Since the next Council meeting is within the 30 day
period and lacking a full Council at ~his time, the Council took no action
on this matter.
City Council Minutes
November 9, 1981
CONSIDERATION OF RECOMMENDATIONS OF TF~\FFiC COMMISSION MEETING OF OCTOBER 20,
1981: The City Manager presented a report dated October 28, 1981, from the
Public Works Director stmmtarizing thc actions of the Traffic Commission meeting
of October 20, 1981.
Councilman Rowan wished to clarify th,~ statement "trucks permitted on truck
~outes only" does not prohibit trucks making deliveries on non-truck routes.
The Public Works Direct<.r advised that there was a typographical error in
recommendation (al ~f the report which states, "Truck Parking Prohibited
2:00 a.m. - 6:0(/ p.m." s~hould r~.ad ~:l)i) a.m. - fl:00 a.m.
approw~ the recormm.ndations of th~ l'rarfic Commission as outlined in the report
dated (/ctober 28, lq8i mid approve ttle first r~ading of the Ordinance by title
only, ! itle as fol]~ws:
ORi)I NANCE NO.
AN OPd)INANCE DF TIlE CITY Ct)L[NCIL OF THE CITY OF CYPRESS
REPEALINC SECTION lb-74(e) (~I,' C}tAPTER 16 OF '['HE CODE
OF q]tE CIT] Of CYPRESS, CALI[,'ORNIA, AND ADDING SECTION
16-74 (et TO THE CDDE O1-' 'I]dE (:[TY OF CYPRESS, CALIFORNIA
FOR RESTRICTEI) LISE O[: CERTAIN STP, EETS - TRUCK ROUTES,
ltle motion unanimously carried hy the lo[lowing roll call vote:
AYES: 3 C(I/!NdlL MEMBERS: {;~ronado, Rowan,
NOES: 0 CL/I'NCII~ HEMBEtlS: None
ABSENT: 1 COUNCIL ~]blBERS: Lacayo
and Mullen
CONSIDERATION OF brAYeR PRO-I'EM CORONAt)t)'S COMMUNICATION REGARDING POLICE CHIEF
REPLACEblENT MORATORIUM: The City Ma,~ger indicated that no additional staff
report was prepared eli this matter ~)the~ than to transmit the communication
dated October 26, ig~l 1rom Mayor Pro--leto Coronado to the Council.
Mayor Pro-tern Coronado india:aCed that duriug his convalescence, he had the
opporttmity to visit with all the ,.ltq)artments of the City and was impressed
w~th the two Police Captains. Mr. Cor~)nado felt that in view of tile
financial circumstances faced hy tho t ltv, an opportunity exists for the
City to save some money for a t:emporarv period of time by dividing the leader-
ship responsibilities between the two Captains and having the City Manager
He further indicated that he is preparing a letter for the next meeting sug-
gesting utilizing the money ~hat can be saved by not replacing the Police
Chief at this time and using that $~D,/)00 for a joint City/Chamber of Commerce
study by hiring a specialist to view our failing commercial situation in
Cypress. Mr. f'.orm~do has ohserved that over 31 shops are currently unoccupied
along with a multitude of of[:h'e buildings that are vacant due to the poor
business climate.
Officer Wendell Cater, stated that he was the President and Representative for
the members of the Cypress Publl~' S~fc. ty Employees Association and wished to
speak on the proposal recormnended hy Mayor Pro-tern Coronado. Officer Carey
commended Mayor Pro-tern Coronado for bis efforts to make Cypress a safe com-
munity which is the same goal shared by the entire Police Department; however,
the Association felt that this proposal would create an extremely difficult
environment. The Associatio~ felt tha~ the Police Departmpnt needed a Chief
of Poi/ce who would act as the solt, authority for tile operation of the Department
and a dual leadership between the two Captains would only create confusion.
City Council Minutes
November 9, 1981
He strongly urged the Council to reject this proposal and proceed with the
hiring process for the Chief of Police in the most expeditious and efficient
manner possible.
In response to an inquiry from Mayor Mullen, Officer Carey indicated that
his statement had the total support of the Association.
Mayor Mullen stated that he unequivocally cannot support the leadership
division of the Malice Department. He further stated that one of the most
important responsibilities of the Council was the public safety and that
the City is not in a financial crisis. He suggested as an alternate plan
that one of the Captains be promoted to Chief and the responsibilities of
the second Captain be divided among the present management of the force.
The Mayor indicated that he was submitting this proposal as an item for
a staff study for consideration at an early Council meeting.
Councilman Rowan stated that he did not question Councilman Coronado's motives
in submitting this plan but that he could not support the proposal since the
Department needs the leadership provided by the Chief of Police. He appre-
ciated the concern for the economic well-being of the community but he felt
there were other ways to save money by cutting back in other areas. Council-
man Rowan recommended continuing the process of hiring a new Police Chief
and stated that he would be agreeable to discussing the possibility of
providing funding to the Chamber of Commerce at a future meeting.
Mayor Pro-tam Coronado displayed a chart depicting the 15 year expenditure
trend of the City. Mr. Coronado expressed concern that expenditures had
increased 300% over the past six years while the population and size of the
City had remained fixed. General discussion ensued regarding the chart and
Mayor Mullah stated that it wac not a fair representation of the total opera-
ting budget because the figures included capital improvement projects.
In response to Mayor Mullah's inquiry, the City Manager stated that ha would
submit a report for the next meeting concerning the results of the interview
board and comments regarding the suggestion made of promoting one of the Police
Captain to Chief and reorganization of the department.
It was moved by Mayor Mullah and seconded by Councilman Rowan to raceiva and
file Mayor Pro-tam Coronado's letter. The Council supported macring with the
Chamber's Board of Directors to discuss the poor business situation in the
City. The motion carried by the following roll call vote:
AYES: 2 COUNCIL M~MBERS: Rowan and Mullah
NOES: 1 COUNCIL M~MBERS: Coronado
ABSENT: 1 COUNCIL MEMBERS: Lacayo
CONSIDERATION OF PUBLIC REARINO RE: APPLICATION FOR SPECIAL PERMIT - MR, FRAN-
CISCO ALVARO ANGULO~ D.B.A. CONSOLIDATED OARDEN%NO SERVICE, 6392 ROSEMARY DRIVE,
CYPP.~S~: Mayor Mullah opened the Public Hearing, The City Manager preeentad a
report dated November 2, 1981, indicating that an application for a Spatial
Permit had been received to solicit door-to-door for EardaninB maintenance
services and that the Affidavits of Publication and Po~ting of the Public
~aarinE Notices are on file in the office of the City Clerk and no co.un&=
cations either in favor or in opposi~ion to the app~icntion have bemn received,
Council may have on ~hts appl~oa~ton,
Alvaro Angulo, D.B,A. Consolidat~ ~rd~ning 8oryXes, fi~5~ Ro~a~r~
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City Council Minutes
November 9, 1981
Cypress, with the condition that solicitation be limited to Monday through
Saturday, from 9:00 a.m. - 6:00 p.m. (daylight hours only). The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCIL ME~ERS: Coronado, Rowan, and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 81-1138, TELEPHONE ANSWERING
BUREAU, 6122 LINCOLN AVENUE, CYPRESS: Mayor Mullen opened the Public Hearing
and requested staff to present its report. The Community Development Director
presented a report dated October 29, 1981, describing the application for
a tentative parcel map submitted by the Telephone Answering Bureau pursuant
to Conditional Use Permit No. 81-25 which was approved by the City Council
on August 24, 1981. Mr. Lamm indicated that it was a requirement to conso-
lidate two existing lots into one in order to construct an RV storage yard
pursuant to the City's subdivision laws. No communications regarding this
application were received and staff recommended approval subject to one con-
dition.
Mr. Dennis Harms, 711 Pacific Coast Highway, Huntington Beach, stated that
he was representing Mr. George Smith of the Telephone Answering Bureau,
and that all of the requirements of the City had been met and that they
were anxious to proceed with the project.
Mayor Mullen asked if anyone wished to speak in support or in opposition
to this application. There was no one who wished to speak.
It was moved by Mayor Mullen, seconded by Mayor Pro-tem Coronado to close
the Public Hearing and adopt the Resolution by title only, title as follows,
approving Parcel Map No. 81-1138 subject to the condition recommended by
staff:
RESOLUTION NO. 2454
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING PARCEL MAP NO. 81-1138 - WITH A CONDITION.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Coronado, Rowan, and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 81-30, RETS
ELECTRONIC SCHOOLS, OXFORD JUNIOR HIGH SCHOOL SITE, 5172 ORANGE AVENUE, CYPRESS:
Mayor Mullen opened the Public Hearing and requested staff to present its
report. The staff report dated October 29, 1981 was presented by the Cormnunity
Development Director who stated that this application was filed pursuant to
the lease agreement between the City and the National Education Corporation
to establish an adult vocational electronic school on the former Oxford
Junior High School site, specifically buildings A, B, and C which front
upon Orange Avenue, Grindlay Street and along the south side of the building
area. He further indicated that the school has a maximum anticipated enrollment
at the end of two years of approximately 400 students for both day and night
time classes. Since it is an adult school, there would not be a conflict
in the use of the open space and the school is proposing to expand the existing
asphalt parking area and installing a driveway on Grindlay Street which would
relieve the parking currently occurring on Grindlay due to sport activities.
No communications have been received regarding this application and staff
recommended approval.
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City Council Minutes
November 9, 1981
Mr. Wayne Gilpin, 2302 Woodcliff Court, Arlington, Texas, President of
the National Institute of Technology, stated that he had nothing further
to add to his presentation to the Council at its meeting of October 26, and
that they were looking forward to being part of the community and anticipates
opening classes in January of 1982.
In response to Councilman Rowan's inquiry, the City Manager indicated that
minor amendments to the draft agreement which were presented to the Council
at its October 26 meeting had been reviewed by both Mr. Gilpin and staff
and that a meeting was scheduled for November 10 to finalize the agreement
pending the outcome of this public hearing.
The Mayor asked if anyone wished to speak in favor of this application. There
was no one who wished to speak. The Mayor asked if there were anyone in the
audience who wished to speak in opposition.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, addressed the problem of
parking additional 400 cars and only slightly enlarging the parking lot.
In response to Mayor Mullen, the City Manager stated that the area to the
south of the buildings which currently house the basketball courts would
be converted into a parking lot at the lessee's cost and, in addition, parking
will be available on the west side of the building following the Police Depart-
ment's relocation. He further stated that this was a phssed process; there
would not be 400 cars there for several years and that there is an ongoing
requirement to expand the parking facility as the school grows.
Mr. Joe Hardcastle asked how the open space would be preserved if the basket-
ball courts are being taken out.
The City Manager advised that the basketball courts would not be taken out;
parking would be around the court similar to the condition that existed during
the 25th Anniversary celebration which proved to work effectively for an interim
period. He further advised that a condition of the agreement called for a
parking plan to be submitted to staff before the school occupies the buildings.
Mr. Gilpin advised that he did not see a need until at least late 1983 to even
consider additional parking and that the asphalt area should be adequate for
the three year plan in addition to the area in front of the school and the
area on the west side which would be available in 1983 when the Police Depart-
ment relocates.
In response to the Mayor's inquiry in regards to directing the applicant to
asphalt other green areas which are not critically needed ~n l~eu of utilizing
hate a single w)lleyha]! court including or adjacent to, one basketball court
with two baskets i>errnall(~!ltly availabl~ for public usable, which will be physi-
cally separated from ~he remaining parking area at alii times. The motion was
seconded by Mayor Pro-tem Coronado.
RESOLUTION NO. 2455
A RESOLIIq lO!{ OJ' ~24E CITY COUNCIL OF T}tE CITY OF CYPRESS
APPROVINC C~N:)ITIONAI, USE PEIO4IT NO. 81-730 - WITH CONDITIONS.
Councilman Rowan £nquired regarding; the approval of the ]ease by the Anaheim
Union lligh School D/strict and was advised by the C~tv Hauager that the
Board had apl>roved the lease.
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City Council Minutes
November 9, 1981
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Coronado, Rowan, and Mullen
NOES: 0 COUNCIL M~MBERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
CONSIDERATION OF APPOINTMENT OF TWO COMMUNITY REPRESENTATIVES TO THE AFFIRMA-
TIVE ACTION COMMITTEE: The City Manager presented the staff report dated
November 4, 1981, which included an excerpt from the City's Affirmative Action
Plan which provides for the appointment of the Affirmative Actiom Committee
to consist of two community representatives appointed by the City Council,
and five employees appointed by the City Manager. The City Mmnassr advised
that he wished to activate this Committee and requested the Council to deter-
mine the procedure desired to select the community representatives.
It was moved by Mayor Mullen and seconded by Mayor Pro-tam Coronado to direct
staff to advertise for two community representatives for appointment by the
Council to the Affirmative Action Committee. The motion unanimously carried
by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Coronado, Rowan, and Mullen
NOES: 0 COUNCIL MEMEERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was movedby~Mayor
Pro-tam Coronado and seconded by Mayor Mullah to approve the Warrant List
for Warrants #60016 - 70079 in the total amount of $673,563.18. The mo~ion
unanimously carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Coronado, Rowan, and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
CONTINUATION OF CONSIDERATION OF THE PARK ANTI-VANDALISM PROGRAM: The Recrea-
tion and Perk Director presented a report dated October 28, 1981, indicating
~that the Recreation and Community Services Commission met on October 13, 1981,
and unanimously approved support of the Anti-Vandalism Action Plan which ~as
adopted by the City Council on December 8, 1980. Ha further indicated that
the Commission also discussed other problems occuring at the parks, such as
broken glass, glass containers, graffiti from spray cane and signing ofparks;
however, the Commission decided to support ghe continuation.of the 1980
Anti-Vandalism Action Plan and the current rcsgroom policies.
Councilman Rowan inquired about the status of an Ordinance prohibiting glass
containsrs in ths parks that ha had proposed sometime ago and was advised
by the Recreation and Park Director thaC the Commission did discuss a possibl~
anti-glass ordinance but did not feel that any action should be taken at this
time other than to complete the initial action plan.
Following further discussion regarding th~ hazards and liability risks of
having broken glass in the parks, the Council directed the City Attorney to
draft an Ordinance prohibiting glass con~atn~rs in parks for ~h~ nagt m~in~,
Mr. Morris Spatz, 4508 Larwin, Cypress, requested tha~ thc Council consider an
ordinance prohibiting dogs from daf~catin8 in thc parks.
~rom defecating in parks,
pa~rol~ing fha parks s~wn days a week and al~o that this ~euo wac published
~n thc n~w W~n~er Cypress City Council Newsletter a~ D~etr~et ~ro~hure which
outlined ~h~ dog problem and ~h~ ~lO0 penalty pre~crib~d ~n the 0r~inance,
City Council Minutes
November 9, 1981
Acting as the ex-officio governing Board of Directors of the Cypress Recreation
and Park District, it was moved by Mayor Mullen and seconded by Councilman Rowan
to direct the Recreation and Community Services Commission to monitor parks
vandalism within the District on a month-to-month basis and that the Anti-
Vandalism Action Plan and current restroom policies be continued. The motion
was unanimously carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Coronado, Rowan, and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
CONTINUATION OF CONSIDERATION OF FUTURE CITY ANNIVERSARY CELEBRATIONS: The
Mayor requested staff to present its report. The Recreation and Park Director
summarized his report dated October 15, 1981, which stated that the Recreation
and Community Services Commission had discussed this matter at its October 13,
1981 meeting and made the recommendation after a careful study and evaluation
of the successful 25th Anniversary celebration.
In response to Mayor Pro-tom Coronado's inquiry, the Recreation and Park
Director advised this event's goal was not necessarily to realize a large
revenue producing program but by involving local community groups in a yearly
festival, it hoped to keep the community working towards the 30th Anniversary,
Councilman Rowan advised that at the 25th Anniversary there were several com-
plaints of insufficient wiring and power and wished to be advised as to the
staff's solution in this regard. The Recreation and Park Director stated that
the initial policy had been not to allow any electricity to be'used; however,
as the planning of the event grew, microwaves and other electrical appliances
were utilized. He advised that in future planning they would more rigidly
uphold that policy rather than spend large sums of money to install electrical
outlets.
The Council did not wish to deprive the organize:ions of electricity and
directed staff to investigate the cost involved in providing electricity.
Acting as the ex-officio governing Board of Directors for the Cyprese Recreation
and Park District, it was moved by Mayor Mullah and eeconded hy Mayor Pro-tom
Coronado to approve the recommendations by the Recreation and Community $ervices
Commission to hold a City Anniversary celebration every five yeare; te ~ponsor
a yearly community festival; and request input from the Cemm%~ten for detailm
of the suggested yearly event, including developing cost figures for providing
electricity to the booth operators. The motion unanimously carried by the
following roll call vote:
AYES: 3 COUNCIL MEMBERS: Coronado, Rowan, and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: Acting as the ex-officio
governing Board of Directors for the Cypress Recreation and Park District, it
was moved by Mayor M~llen and seconded by Mayor Pro-tem Coronado to approve
the District's Warrant List for Warrants #13645 through #13698 in the amount
of $25,329.47. The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Coronado, Rowan, and Mullen
NOES: 0 COUNCIL MEn. ERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
CONSIDERATION OF APPOINTMENTS OF THE ALTERNATES TO THE SENIOR CITIZENS COMMISSION:
Mayor Mullen stated that seven applicants were interviewed for appointment as
alternates to the Senior Citizens Commission on November 5, 1981, and that
Mrs. Marjorie Elliott who resides in Anaheim would not be considered since
residency in the City is required by the Ordinance.
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City Council Minutes
November 9, 1981
Councilman Rowan wished to reconsider the Council's previous policy of
prohibiting appointments of both husband and wife to the Commission.
Following discussion, the Council was advised by the City Manager that the
Ordinance providing for alternates prescribed the appointments of only four
alternates and not an alternate for each Commission member. Based on this
information, the Council continued this matter to a work session to consider
the merits of each applicant.
RECESS: Mayor Mullen called a recess at 8:20 p.m. The meeting was called
back to order at 8:32 p.m. with all Council Members present with the exception
of Councilman Lacayo.
CONSIDERATION OF ILLEGAL POLITICAL ACTIVITY: Councilman Rowan reported that
during the recent election he received several telephone calls and, was still
receiving information of additional witnesses, relating to an apparent illegal
political activity which took place at one of the polling places in the City.
He inquired as to whether the Police Report had been forwarded to the District
Attorney's office.
Captain Robertson stated that the Police Report was a preliminary police report
involving an Election Code violation of Section 29470(Electioneering at a
Polling Place) which occurred at 9080 Bloomfield on November 3, 1981. He
further advised that the Police Department's investigators have conferred
with the District Attorney's office and that the District Attorney had requested
additional information which will be provided to the District Attorney's
investigators. Captain Robertson stated that he could not comment publicly
on the identity of any of the responsible parties at this point.
Councilman Rowan advised that he had given a copy of this report to the
Orange County Registrar of Voters who was the responsible agency conducting
this election. He indicated that although the report related to incidents
which took place during the late time period of the day, there were others
who observed similar incidents occurring during the course of the day. He
further stated that these violations may have occurred at other polling places
as well; however, he did not have any information regarding other polling
places at this time. He also expressed concern regarding a federal law which
states that offering of anything of value in return for votes is a violation
of the law. Mr. Rowan felt that the appropriate action would be to forward
this case to the Orange County District Attorney and possibly the Orange
County Grand Jury for review and action.
In response to Mayor Mullen's question in regards to the procedure of the
Police Department's investigation, Captain Robertson advised that the District
Attorney had the option to further investigate the case and, following the
submittal of the requested additional information, the District Attorney had
the responsibility for prosecution of criminal violations and will make the
final determination and disposition of this case.
Responding to Mayor Pro-tem Coronado, the City Attorney advised that the
violation of the Election Code Section 29470 was a misdemeanor.
It was moved by Mayor Mullen and seconded by Mayor Pro-tem Coronado to continue
this matter pending the conclusion of the investigation by the Police Department.
Councilman Rowan stated that he would agree to the continuation but that he
fully intended to have a full investigation of the facts and would pursue the
matter to the proper legal authority for review.
Mayor Mullen stated that if any violation of the law had occurred it should
be pursued aggressively and all information should be turned over to the Dis-
trict Attorney's office to determine the appropriate action.
The motion to continue this matter unanimously carried by the following roll
call vote:
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City Council Minutes
November 9, 1981
AYES: 3 COUNCIL MEMBERS: Coronado, Rowan, and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 8:50 p.m.
for matters of possible litigation. The meeting was called back to order
at 8:54 p.m., with all Council ~fembers present with the exception of
Councilman Lacayo.
ADJOURNMENT: Mayor Mullen adjourned the meeting at 8:54 p.m.
ATTEST:
CITY CLERK OF TheE CITY OF CYPRESS
MAYOR OF THE CITY OF CYPRESS
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