HomeMy WebLinkAboutMinutes 82-02-22MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
February Z2, 1982
057
The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday,
February Z2, 1982, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress,
California, Mayor Gerald Mullen presiding.
PR ESENT:
ABSENT:
Councilmembers Coronado, Partin, Powan & Mullen
Councilmember Lacavo
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and
the following staff members: Barrett, DeCarlo, Dunn, Lamm, Lowenberg, Powell and
Schat zeder.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Coronado led the pledge of allegiance.
PRESENTATIONS: Mayor Mullen presented a Community Service Plaque to Mr. Francis
Boykin in appreciation for his eight years of service as a member of the Recreation &
Community Services Commission which included two terms as Chairman.
COUNCILMAN LACAYO ARRIVED AT 6:33 P.M.
At this time, Mayor Mullen made presentations of five, ten, fifteen and twenty year service
pins to City and District employees. Employees who received a five year pin Were: Joanne
Cicchese, Larry Jordan, A1 Watts, Sue MarkeI and Don Lamm. Employees receiving 10 year
pins were: Adam Valek, Pohert Tirmell, Richard Schwegman and William Thornton. Agent
James Worden received a 15 year service pin and June Lambert and Sgt. Walter Hampton
were presented with 20 year service pins.
JOINT MEETING WITH TI4E CYPRESS RECREATION & COMMUNITY SERVICES
COMMISSION: The Council conducted a joint meeting with members of the Commission.
Chairman A1 Weinberg called the Commission meeting to order at 6:45 p.m. with the
following Commissioners in attendance:
PRESENT:
ABSENT:
Commissioners Cammack, Davis, Hawkins, Levy, Redmon & Weinberg
None
Chairman Weinberg stated the Commissioners had no formal agenda items to discuss with the
Council. Commissioner Davis stated the Commission was interested in receiving information
on the 1982/83 budget in a timely fashion to enable their contributions to the budget
process. The Council indicated this information can be provided to them by the staff.
Councilman Powan stated the Council's practice is to not anticipate and budget an'7 funds
from the State during the budget preparation. He indicated the Council's budget sessions are
open to the public and the Commissioners would receive and be able to review budget
information along with the Council if they attend the budget workshops. Mayor Mullen
stated the Commission would be welcome to make a presentation of their budget
recommendations at a Council budget workshop.
Chairman Weinberg asked if the Council had questions regarding the Commission's position
relating to representation on the Commission. The Council and Commission held discussion
on this matter, with the general opinion being that both were interested in having persons
serve on the Commission who represent a broad spectrum of interests rather than one
particular interest. The Commissioners indicated they would like to hear different points of
view and not have a Commissioner who represents one special interest. Mayor Mullen stated
the Council was interested in having a balanced Commission. Councilman I~acayo stated the
Council is interested in appointing persons with diverse backgrounds who can develop new
programs in the City. He indicated that the experience thus far has been that the most
qualified candidates have been appointed.
Mr. Frank Cross, 5134 Melbourne Drive, Cypress, stated there are persons in the City whose
primary interest is sports but there are many persons who have broad interests in addition to
their sports participation.
City Council Minutes
February Z2, 1982
Commissioner Hawkins stated she had surveyed several cities in regard to their method of
selecting Commissioners and that she felt Cypress had the most open method by publicly
advertising vacancies. She indicated that some cities post their notices only in City Hall and
a candidate may be recommended for appointment by an individual Councilmember. Further
discussion was held concerning the desire to have diversified versus special interest
representation on the Commission. Commissioner Davis stated that the Commission would
like a liaison person from the leagues to attend their meetings. Councilman Lacayo
requested that, before the Council's initial review of the budget, the Commission present
their forecasts on District revenues and expenditures and provide their input on these issues
during the budget workshops.
Chairman Weinberg adjourned the Commission meeting at 7:15 p.m.
ORAL COMMUNICATIONS: Mayor Mullen asked if anyone wished to speak in regard to any
matter vdt on the agenda.
Mr. Francis Boykin, 5917 Noumea Street, Cypress, requested that the City Council rescind
their action of changing the genera] municipal election date from April to November and
asked that they reschedule the election at the earliest date. N~r. Boykin felt the Cypress
voters had been deprived of their rights provided in the City Charter as a result of the
change. He requested that the Council place a Charter amendment before the voters which
would prevent Councilmembers from changing the election date and also avoid having
Counci]members serve additional periods of time without a vote of the people. ]~r. ]~oykin
stated he supported the cost savings and increased voter turnout which would result from a
consolidated election in November but that he objected to the Council's method of changing
the Charter without a vote of the people.
Hearing no objections, Mayor Mullen added Item {30 to the agenda regarding a Charter
amendment on the election date.
Mr. Jerry Jehoich, 5622 St. Anne, Cypress, stated he would like to discuss Item {l 6 on the
Consent Calendar regarding the proposed annexation south of Crescent along Walker Street.
The City Manager requested that Item {I6 he removed from the Consent Calendar.
Mr. Bob Bess, 9682 Salisbury, Cypress, requested that the Council investigate a health
problem which may exist in his neighborhood resulting from the Tank Farm. Mr. Bess
reported that there is an inordinate amount of serious illnesses, inc]udlng cancer, on his block
which is located east of the Tank Farm. He requested that a survey be made of the two
blocks surrounding the Tank Farm to determine the extent of such illnesses, that a
comparison be made on a County-wide basis, and that the Air Pollution Control Board
monitor the atmosphere at the Tank Farm for a 24 hour period. Councilman Coronado state0
he was aware of this problem and reported that there is an inordinate amount of respiratory
problems in this area. He recommended that the county health department and Air duality
Management District investigate if hydrocarbon emissions are emanating from the Tank
Farm and how detrimental it is to persons' lungs. He suggested that the area bounded by Ball
to Lincoln and Moody to the west City limits be checked.
Mayor Mullen added this matter to the agenda as Item ~3].
Mr. Bill Hanna, 6143 Lawrence, Cypress, President of Tri-Cities Soccer, stated several of his
coaches were concerned with the Little League fence installation at the Oxford School. Mr.
Hanna stated the fence was incorrectly installed by the contractor but the error would be
corrected. He stated he supports the Little League's use of the facility and indicated there
would be no conflicting dates with the soccer league's schedule. Councilman Coronado
requested that this matter be added to the agenda.
Hearing no objections, Mayor Mullen added this matter as agenda Item {32.
Councilman Coronado reported that he received a warning about a drug manufacturing
problem which is becoming widespread. He reported that a group is manufacturing and
selling skin tattoo paper transfers which contain LSD and the tattoos picture children's
cartoon characters. He stated the tattoos would be attractive to children and the LSD could
be a lethal dose. The Police Chief stated the department is aware of this problem and
warnings would be circulated to Cypress schools.
The Council requested that this matter be placed on the next agenda and that the Po]ice
Chief submit a report.
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City Council Minutes
February 2Z, 108Z
Mrs. Christine Swain, 5362 Crescent, Cypress, reported that the tutoring program sponsored
by the Recreation District and Cypress Library is very successful in aiding stndents and she
thanked the Council for their support of the program. She reported that two community
organizations had made donations to sponsor needy children. Mrs. Swain suggested that the
Council send letters of appreciation to the American Legion Women's Auxiliary and the
Cypress Women's Club. She reported that the cost to sponsor a child is $48 for four
sessions. Councilman Lacayo suggested that letters be sent to ail community organizations
asking if they are interested in sponsorin~ children from needy families.
PUBLIC HEA!RING RE: APPLICATION FOR SPECIAL PERMIT - MI~. JAMES E. VONNAHME
ON BEHALF OF THE LOS ANGELES TIMES: Mayor Mullen declared the hearing open. The
City Manager presented a report dated February 16 describing the special permit application
to allow door-to-door solicitatiov for the sale of newspaper subscriptions. The Police
Department investigation found no basis to protest the application and no written
communications in support or opposition were received.
Mr. James Vonnahme, 5510 Vista del Dia, Anaheim I4ills, Field Supervisor for the Los Angeles
Times, reported that two years ago the Times bepan its all adult sales program and
discontinued the youth program. He reported their sales people are screened, wear
identification, dress neatlv and are closely supervised on their sales techniques. Mr.
Vonnahme stated their solicitation does not include sales gimmicks but instead describes the
merits of the newspaper.
The Mayor asked if anyone wished to speak in support or in opposition to the application. No
one wished to speak.
It was moved by Mayor Mullen and seconded by Councilman Coronado to close the hearing
and approve the special permit for Mr. James E. Vonnahme on behalf of the Los Angeles
Times, subject to the condition that solicitation shall be limited to Monday through Saturday
from 0 a.m. to 6 p.m. (daylight hours only). The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNC]LMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
MINUTES: Councilman Coronado made a correction to the minutes of February 8 regarding
the award of contract for uniform services and indicated the possible doIIar savings per year
was $10,500 rather than $5,000.
It was moved by Mayor Mullen, seconded bv Councilman Lacayo and unanimously carried to
approve the minutes of February 8 as corrected.
STAFF REPORTS & DISCUSSION: At the City Manager's request, the Mavor removed Item
4416 from the Consent Calendar and added Item {16a regarding a proclamation for Red Cross
Month. The Mayor added Item #33 regarding an executive session for matters of personnel
and litigation.
The City Manager requested that the Council schedule a date to interview applicants for the
Recreation & Community Services Commission and to meet with the property owners in the
area of the Civic Center. He reported that eight former applicants and two new applicants
were interested in serving on the Commission. The Council decided to schedule several of
the interviews at the next regular meeting and the remainder at a special meeting to be held
on Monday, March 15, at 7:00 p.m. The Council further agreed that the meeting with the
property owners adjacent to the Civic Center would be held on March 15 at 8:00 p.m.
The City Manager reported that the Disneyland Community Service Awards luncheon was
scheduled for April 1 at 11:30 a.m. at the Disneyland Hotel and asked if any Councilmembers
planned to attend. Councilmembers Mullen and Coronado stated they would like to attend.
CONSIDERATION OF AWARD OF CONSTRUCTION SURVEY CONTRACT FOR THE
COMMUNITY DEVELOPMENT 7TH YEA]:? PI~OGRAM (BISHOP STI~EET FROM WATSON
STREET TO GRINDLAY STREET)~ CITY OF CYPRESS PROJECT NO. 7938-10: The City
Manager presented a report from the Public Works Director dated Februarv 9 which outlined
three bids received. The construction survey cost will be completely financed by HUD.
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February 2Z, 1982
It was moved by Mayor Mullen and seconded by Councilman Coronado to determine that RdM
Land Surveying, 447 E. 17th Street, Costa Mesa, is the lowest responsible bidder and award
them the contract per their proposal in the amount of $1,000.00, subject to approval by
HUD. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBEPS:
0 COUNCILMEMBERS:
Coronado~ Lacayo, Partin, Rowan & Mullen
None
None
CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE
COMMUNITY DEVELOPMENT PROJECT, 7TH YEAR PROGRAM~ BISHOP STREET FROM
WATSON STREET TO GRINDLAY STPEET AND GRINDLAY STREET BETWEEN BISHOP
STREET AND LINCOLN AVENUE~ CITY OF CYPRESS PROJECT #7938-10: The City
Manager presented a report from the Public Works Director dated February !6 outlining 18
bids received.
It was moved by Councilman Rowan arid seconded by Mayor Mullen to determine that the
lowest responsible bidder for HCD Project #7938-10, Alternate Proposal~ is Red Hill
Construction Company~ Inc., 308 N. Sullivan gtreet, Santa Aha, and award them the contract
in the amount of $59,699.35, subject to approval by HUD. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCII,MEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
CONSIDERATION OF AWARD OF CONTRACT FOR THE RECONSTRUCTION OF THE
WILLOW PARK POND PUMPING FACILITY~ CITY OF CYPRESS PROJECT #8222-90: The
City Manager presented a report from the Public Works Director dated February 1Z which
listed the seven bids received.
Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was
moved By Mayor Mullen and seconded by Councilman Lacayo to determine that the lowest
responsible bidder is C. K. Pump & Dewatering Corporation, P. O. Box 2800, Long Beach, and
award thew the contract in the amount of $8,880.00. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBEPS:
0 COUNC1LMEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF COPIER: The City
Manager presented a report from the Recreation Director dated February 16 outlining four
quotations received. Staff reported that this was the first time they used life cycle costing
in a formal City bid to determine the true cost of equipment for the five-year lease/purchase
period. Councilman Coronado expressed support for the concept of life cycle costing and
requested that staff provide him with additional information.
Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was
moved by Mayor Mullen and seconded by Councilman Lacayo to award the contract to
University Copier Systems, Z991 Randolph Street, Costa Mesa, in the amount of $114.5Z per
month, based on the five-year life cycle costing with that amonnt being the lowest bid for a
five-year total cost of $]3,545.62. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBER S:
0 COUNCILMEIM DERS:
Coronado, Lacayo~ Partin, Rowan & Mullen
None
None
CONSENT CALENDAR: Mayor Mullen announced that all items listed on the agenda under
"Consent Calendar" were to be considered bv the Council as routine and enacted by one
motion approving the recommendations on the agenda. Mayor Mullen stated Item #16 had
been removed from the Consent C~alendar at the City Manager's request. Councilman
Coronado requested the removal of Items #lZ, I4 and 17.
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City Council Minutes
February ZZ, 1982
It was moved by Mayor Mullen and seconded by Councilman Lacayo to approve Items 4t8
through #16a on the Consent Calendar with the exception of Items #12, 14, 16 and 17. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
.5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COIINCILMEMBER S:
Coronado, Lacavo, Partin, Rowan & Mullen
None
None
Item #8: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item #9: Consideration of Claim of TerriMcKav.
Recommendation: That the City Council authorize the payment of $35.00 to Terri McF'ay
for reimbursement of costs incurred as outlined in the report.
Item #10: Consideration of Proclaiming March 7, 1982, as Arbor Day in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim March 7, 1982, as
"Arbor Day" in the City of Cypress.
Item ~ l: Consideration of Staff Attendance at the Annual Municipal Finance Officers
Association Conference.
Recommendation: That the City Council authorize the Finance Director to attend the annual
Municipal Finance Officers Association Conference and be reimbursed for all necessary
expenses.
Item #13: Consideration of a Resolution of the C/tv of Buena Park Supporting the Efforts to
Bring Super Bowl XX to Orange County.
Recommendation: That the City Council adopt the lqesolution by title only, title as follows:
RESOLUTION NO. 2491
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, SUPPORTING THE EFFORTS TO BRING SUPER BOWL XX
TO ORANGE COUNTY.
Item #I5: Consideration of Authorization for the Public Works Director to Attend the Public
Works Officers Institute.
Recommendation: That the City Council authorize the Public Works Director to attend the
17th Public Works Officers Institute scheduled for March 24-26, 1982, in San Diego and. be
reimbursed for all actual and necessary expenses.
Item #]6a: Consideration of Proclaimina the Month of March 1082 as Red Cross Month.
Recommendation: That the Mayor and City Council officia!lv proclaim the month of March
1082 as "Red Cross Month" in the City of Cypress as requested.
In regard to Item ¢16, Consideration of County Island Annexation, Known as Annexation #82-
1 (south of Crescent along Walker Street), the City Manager reported that a resolution was
prepared to initiate the annexation, in accordance with the direction from LAFCO. Mr.
Essex reported that there are public improvement projects proposed in the annexation area to
be funded with an HCD grant and that concern has been expressed by residents of the area as
well as Supervisor Wieder's and Congressman Patterson's offices that the annexation not
jeopardize the grant funds. Mr. Essex stated that residents of the area would like a
clarification and assurances, before the procedural annexation steps are taken, that the grant
allocations will not be jeopardized in the annexation process.
Mr. Jerry Jehoich, 5622 St. Anne, Cypress, committee chairman for an HCD committee,
reported that this is the first year of participation in the HCD program for the residents
located south of the school. He reported that the area north of the school bas been allocated
funds but the improvements have not yet been installed. Mr. Jehoich reported that the
County mav appropriate additional funds for the area, and he requested that the Council
express their support for the grant to the County. Mr. Jehoich suggested that the annexation
procedures be deferred until the property owners receive assurances of the grant.
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City Council Minutes
February 22, 1982
The City Manager recommended that the City proceed with initiating the annexation subject
to confirmation of the status of the HCD program in this area.
Mrs. Christine Swain, 5362 Crescent, Cypress, stated she is very much in support of the
annexation and she offered her assistance. She stated she was concerned about the grant and
hoped the grant would be movitored by the City.
It was moved by Mayor Mullen and seconded by Councilman Coronado to adopt the following
Resolution hv title only, title as follows:
RESOLUTION NO. Z49Z
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
INITIATING AN APPLICATION FOR THE ANNEXATION OF PROPERTY
REFERRED TO AS ANNEXATION NO. 82-1 TO THE CITY OF CYPRESS.
The motion umanimouslv carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
It was moved by Mayor Mullen and seconded by Councilman Coronado to request that staff
transmit a letter to the Local Agency Formation Commission indicating that the City wishes
to proceed with the annexation but not if it will jeopardize the HCD funding grant for the
subject area. The motion unanimously carried by the fei]owing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacavo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
In regard to Item ~-IZ, Consideration of a Resolution Determining the Median Household
Income in the City, Councilman Coronado asked how the figure was determined and how
increasing the median income was of benefit to Cypress. Staff reported that the Cypress
Affordable Home Mortgage Loan Program mandates that a resolution be adopted every six
months establishing the median household income and the Rules and Reeulations of the 9.9°~
loan program prescribe how the figure is to be calculated. The median household income is
required to establish the criteria for participants in the loan program and the figure is
updated by applying the consumer price index increase every six months.
Councilman Coronado stated for the record that his concern is due to the fact that many
persons in the community are unemployed and others are facing unemployment which is a
serious problem. He stated be wondered how the City can keep increasing the median income
and he indicated he did not agree with using the consumer price index.
It was moved by Mayor Mullen and seconded hy Councilman Lacayo to adopt the following
Resolution by title only, title as follows, determining the median household income in the
City to be $31,819:
RESOLUTION NO. 2493
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DETERMINING THE MEDIAN HOUSEHOLD INCOME IN TEIE crI'y.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Lacayo, Partin, Rowan gz Mullen
1 COUNCILMEMBERS: Coronado
0 COUNCILMEMBERS: None
In regard to Item ~14, Consideration of Weed and Rubbish Abatement Program Resolution
Authorizing Posting of Properties and Declaring City's Intention to Abate, Councilman
Coronado reported that there is a chronic weed problem on property on Newman Street and
that the service station property at the northeast corner of Ball and Walker is in need of
weed abatement. Staff indicated that they would investigate these properties.
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City Council Minutes
Februarv 2Z, 1 98Z
It was moved by Mayor MulIen and seconded by Councilman Coronado to adopt the Resolution
by title only, title as follows, declarinl~ that the listed properties constitute a public
nuisance; declaring the Citv's intention to abate; directing the Street Superintendent to post
notices; and setting the time amd place for the public hearing of objections to the proposed
abatement:
RESOLUTION NO. 2494
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND
RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN
PROPERTY IN THE CITY OF CYPRESS CONSTITUTE A PUBLIC
NUISANCE, DECLARING ITS INTENTION TO PROVIDE FOR TI4E
ABATEMENT THEREOF, AND SETTING A PUBLIC HEARING THEREON.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
In regard to Item #17, Consideration of Financial Statements for the Cypress l~ecreation and
Park District for the Fiscal Year Ending June 30, 1981, Councilman Coronado expressed
objections that the statements were transmitted to the Council seven months late and that
the previous year they had been received four months late. Staff reported that they had had
to make changes in their accounting records in order to comply with substantial changes in
the generally accepted accounting practices for governmental agencies which were effective
June 30, 1981. They further indicated that the City's auditor, following the end of the fiscal
year, must await data from the State, County, and banks and investment firms which have
City funds deposited in order to verify staff's financial statement figures. Councilman
Coronado stated he would like to receive the financial statements by the month of
November.
Councilman Coronado moved that the City recluest the auditor's financial statement reports
to be delivered within four months following the close of the fiscal year. The motion was not
seconded.
Councilman Lacayo asked that staff respond to the fact that the financial figures are
available to the staff at the end of the fiscal year and that an audited statement by an
independent auditor is required by law. The Finance Director confirmed that the City and
District are mandated by law and the City Charter to have an independent auditor review all
financial records and transactions and that his review is completed by mid-August when the
books are closed. The auditor then begins his review to check that the closing entries during
the entire fiscal year are recorded according to ~enerally accepted accounting practices and
that balances are correct. This data requires verification by the banks, investment firms and
other governmental agencies, and the auditor must await their responses before preparing the
audit. Mr. PoweI1 reported that the typing and printin~ of the statements then takes about
60 days. Staff indicated the financial statements serve as a check to ensure that the City's
financial figures, accounting practices and dav-to-day financial activities are correct.
Councilman Coronado stated that the statements are an important check and balance which
he wished to utilize at the end of the fiscal year in reviewing the City's financial activities,
and that seven months was too long a delay.
It was moved by Mayor Mullen and seconded by Councilman Lacayo that the City Council,
acting as the ex officio Board of Directors of the Cypress Recreation & Park District,
receive and file the Financial Statements for the District for the period ending June 30,
1981. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen
1 COUNCILMEMBERS: Coronado
0 COUNCILMEMBERS: None
In regard to Item #32 added to the agenda concerning the Little League baseball diamond
outfield fence, the City Manager reported that Councilman Coronado had received calls from
residents in the area who were concerned about construction of the fence. The Recreation
063
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064
City Council Minutes
February 2Z, I98Z
Director reported that a public hearing was held on October 13 last year to discuss use of the
Oxford facilities and all leagues who had previously used the facility were contacted. The
Little League's basehall diamond proposal was approved after it was determined there would
be no conflicting dates with other activities. Mr. DeCarlo reported that two problems
encountered during the project would be corrected which related to the grading and fact that
the outfield fence had been installed at an insufficient depth. He reported that the portable
outfield fence would be removed before the soccer season begins. Mr. DeCarlo stated the
contractor was not liable since it was the City's mistake and he stated the Little League will
assist in making the changes.
Mr. Gaylord Weft, 5287 14'emover Drive, Cypress, stated he has no objections to use of the
Oxford facilities by the Little League and Soccer League but expressed concern that the
little league fence restricts the remaining open area for other park users. He indicated that
residents in the area worked hard to preserve the open space which had been available in the
past. l~r. Weft suggested that the Little League can play baseball without the fence. He
expressed concern that neighbors in the area did not receive notice or letters of intent
regarding the Little League's proposal and only became aware of the problem while the fence
was being installed. Mt. Weft stated the fence will interfere with use of half the open area
for five months out of the year. Mr. Wert requested that the fence be removed. He
indicated that some of his neighbors may have attended tonil~ht's meeting but many though
the fence had been removed on Sunday when the work was being done.
Mr. DeCarlo stated the intent of the little league's fence was to control the l~laying field
area, lessen interference and provide safety for persons using the open areas. He reported
that leagues which currently play without outfield fences prefer to have them, and the
schools are attempting to get the fences. Mayor Mullen stated he'd like to know if there is a
great deal of support by homeowners for removal of the fence before the Council reconsiders
the matter. Mr. Weft stated that the staff should he responsible for contacting the
residents. Councilman Coronado recommended that further repair work on the fence be
postponed.
Mr. Frank Cross, 5134 Melbourne, Cypress, representing AYSO Soccer, indicated he was
concerned about placement of the baseball field on the Oxford property because its central
location restricts the open space use. lie reported that the baseball dugout and 160 foot foul
fence are also problems because they interfere with full use of the facilities. He stated he is
concerned about accessibility of the facilities to children in the area during the baseball
season. Mr. Cross reported that last year over 1,000 Cypress children participated in AYSO
and A¥SO is interested in finding a more permanent facility. He stated Oxford would
provide a location where they could schedule most of their games and give them an
opportunity to raise funds with a snack bar. Mr. Cross stated there are many negative
feelings about tying up the Oxford facility with the fence and he suggested {hat the Councll
get some public opinion input.
Mr. Tom Justice, 9632 Grindlay, Cypress, stated he lives behind the Oxford field and reported
he has had problems with golfers on the Oxford property who hit balls onto his property. He
indicated he was not concerned with the Iitt]e league fence hut suggested that, if it is
relocated, it should also keep out the golfers.
Mrs. Christine Swain, 5362 Crescent, Cypress, stated the baseball fence at Arnold/Cypress
Park is a good protection for persons using the open spaces. She felt the fence at Oxford
would be a good safety factor and would allow baseball playing and open space use at the
same time.
Mr. Bill Hanna, 6143 Lawrence, Cypress, President of Tri-Cities Soccer, stated they have
been the prime user of Oxford since 1978, that Oxford is not being used to its ultimate
capacity for the City's youth, that there are no conflicts with the Little League fence, and
that there is adequate open space at Oxford for other activities. Mr. Hanna stated he
supports the Little League's use and erection of the fence so that league playing is not
delayed. He indicated he has not seen much use of the open space, other than a few persons
walking their dogs. Mr. Il. anna reported that the only concern of his coaches was over the
improper installation of the fenc% and that this problem would be rectified.
Mrs. Shirley Posenkrantz, 4501 Victoria Court, Cypress, President of Cypress Little League,
stated she served on the Open Space Committee which sought to preserve the open space at
Oxford and that she serves on the Advisory Committee on Use of Athletic Facilities which
attempts to resolve problems with field scheduling. She reported the Little League has no
-8-
City Council Minutes
February 22, 1982
conflicts with the soccer season and that they are ready to work to correct the fence
problem. She stated they are trying to do what they can to make the facility a good one for
all residents. Mrs. Rosenkrantz reported that the Little League began working on their
Oxford proposal last fall and that it was publicized in the newspapers. In response to
questions from the Council, Mrs. Rosenkrantz indicated sbe did not object if this matter was
continued to the March 8 meeting. Mr. Hanna, Tri-Cities Soccer, stated the fields are not
usable without the work, and a delay would have a negative impact on his league. Mrs.
Rosenkrantz stated the outfield fence was preferable to having striped boundary lines since it
provides players with a goal and provides protection.
Mayor Mullen recommended that the matter of the fence be continued to the March 8
meeting to provide an opportunity for residents to express their views. He stated he did not
want to freeze the work.
It was moved by Mayor Mullen and seconded by Councilman Lacayo to continue this matter
to the March 8 meeting.
Councilman Lacavo stated he would like to bear if there are complaints about the fence but
that he did not want to stop proMress on the work. He stated the Council had supported this
project because of the volunteer efforts and cost savings to the City. Councilman Partin
recommended that the Council develop a master plan for the Oxford facilities as soon as
possible to address the demands being made by the sports leagues. He stated several of the
leagues had offered their assistance to improve the facilities. Councilman Coronado stated
he supported all game playing at Oxford but felt that if the fence project continued it would
result in unnecessary work.
The motion to continue this item carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen
1 COUNCILMEMBERS: Coronado
0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE REMOVAL OF STREET TREES AND
REPAIR OF CURB~ GUTTER AND SIDEWALK ON JULIE BETH~ ETHEL AND BARBARA
ANNE STREETS~ CITY OF CYPRESS PROJECT 48213-90: The City Manager summarized a
report from the Public Works Director dated February 9 which described the project and
indicated the estimated cost of $69,500 would be funded with General Funds.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to approve the p]uns and
specifications for the removal of street trees and repair of curb, Rntter and sidewalk on Sulie
Beth, Ethel and Barbara Anne Streets, Project #8Z13-90, and authorize the City Clerk to
advertise for bids with bids to be opened on March 30, 1982. The motion unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBEiRS: None
RECESS: Mayor Mullen called a recess at 9:38 p.m. The meetin~ was called back to order at
9:46 p.m. with all Councilmembers present.
CONSIDERATION OF INSTALLATION OF BUS SHELTERS AT VAt~IOUS LOCATIONS IN
CYPRESS~ CITY OF CYPRESS PROJECT #8Z07-90: The City Manager summarized a report
from the Public Works Director dated February 1g describing the proposal by the American
Bus Shelter Company to install approximately J 5 p]exi-glass bus shelters within the City.
The Company would be responsible for the installation and maintenance costs and the (~ity
would receive 10% of revenues generated from the sale of advertising on the shelters.
Mr. John Hall, I555 Mesa Verde, Costa Mesa, representinR the American Bus Shelter
Company, reported that they have installed the same type shelters in the City of Santa Aha.
He reported that the individual price for advertising is $300 vet month. Mr. Hall stated they
prefer not to carry political advertising on the bus shelters.
066
City Council Minutes
Februarv 22, 198Z
It was moved by Mayor Mullen and seconded by Councilman Lacayo to authorize the
preparation of an agreement with the American Bus Shelter Company for the installation of
bus shelters for review and approval by the Council. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Lacayo, Partin, Powan & Mullen
0 COUNCIl, MEMBERS: None
0 COUNCILMEMBERS: None
CONSIDERATION OF EOUIPMENT SHARING AGREEMENT: The City Manager presented a
report dated February 17 which indicated that Councilman Coronado had recmested that this
item be placed on the agenda. Mr. Essex reported that the agreement and the liability
clauses had been approved by the City Attorneys of all cities participating in the equipment
sharing program. The agreement provides that the city renting the equipment will assume
the responsibility for liability.
Councilman Coronado requested a clarification of an indemnification clause in the
agreement. The City Attorney advised that the renting city has the responsibility to
indemnify and hold the owning city harmless except for actions arising out of the willful
misconduct by an employee of the owning city. The indemnification would not apply if an
employee of the owning city is ~uilty of willful misconduct while operating equipment for the
renting citv.
The staff briefly reported on their experience with the equipment sharing program and
indicated that the amount of time the City rents and leases out equipment is about equal.
Staff indicated the agreement may be initiated on a county-wide basis.
The Council received and filed the staff report.
CONSIDERATION OF NEIGHBORHOOD WATCH PROGRAM: The City Manager summarized
a report dated February 17 and a report from the Police Chief dated February 16 who
recommended the hiring of a Community Service Officer to facilitate the Neighborhood
Watch Program. Staff indicated they were recommending the hiring of an additional CSO
because currently new requests for Neighborhood Watch meetings are being postponed II
weeks due to personnel constraints and that, to maintain even this time lag, additional
personnel, including the Administrative Sergeant, Victim Assistance Counselor, School
Resource Officer and sworn officers on their off duty time, are working on a rescheduling
and overtime basis to meet the growing demands. Staff also indicated that the delays in
implementing new Watch programs which are being requested by residents may diminish the
homeowners' interest in starting the program. Chief Lowenberg reported that his department
was working on a computer program to evaluate how much time officers spend on certain
types of calls which may also indicate how much police time is saved as a result of the
reduction in burglaries. The City Manager reported that the current over-time costs would
be offset by the hiring of the
Councilman Coronado stated he did not favor hiring additional employees because of the
City's budgetary situation. He recommended that this matter be discussed during the budget
sessions. Councilman Lacayo stated he supported the proposal since there would be a
growing demand for Watch programs and they have proved to be effective. He felt the
current economic situation would probably increase the crime rate.
It was moved by Councilman Coronado and seconded by Councilman l~owan to continue this
matter to the budget workshop meetings.
Councilman Rowan stated he felt this was an appropriate item for the budget discussions and
that the proposal should be considered in the context of the total budget picture. He stated
the Council should decide whether it's appropriate to approve the proposal in this fiscal year
or include the CSO as a full-time position in the next and ensuing years' budgets. Mayor
Mullen stated the Neighborhood Watch Program has reached a limit on growth because of the
police resources and that, if the Council did not indicate its support, residents may lose
interest.
The motion 1o continue this matter failed to carry by the following roll call vote:
AYES:
NOES:
ABSENT:
2 COUNCILMEMBERS:
3 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado & Rowan
Lacayo~ Partin & Mullen
None
-10-
City Council Minutes February 22, ]982
It was moved by Councilman Lacayo and seconded by Mayor Mullen to authorize the
employment of a Community Services Officer to facilitate the Neighborhood Watch
Program. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
] COUNCILMEMBERS:
0 COUNCFLMEMBERS:
Lacayo, Partin, Rowan & Mullen
Coronado
None
Councilman Rowan requested that information on the costs of the entire program be
reviewed during the budget sessions. Councilman Coronado stated his objections related only
to his concerns about the country's economic situation which will have an impact on the City.
CONSIDERATION OF AGREEMENT WITH THE CITY OF LA PALMA FOR STREET
SWEEPING SERVICES: The City Manager presented a report dated February 17 which
described the proposed agreement whereby the City of Cypress would provide street
sweeping services to the City of La Palina. Staff indicated that this was a pilot program and
that they will analyze the first year's experience to determine whether the program should be
contimued. They reported that the $33 hourly base sweeping rate to be paid by La Palma
includes the lease cost of equipment, depreciation, annual maintenance cost, fuel costs and
the hourly operator rate. Staff reported the rate is sufficient to cover Cypress' costs.
It was moved by Councilman l~owan and seconded by Councilman Lacayo to approve the
agreement with the City of La Palina to provide street sweeping services and authorize the
Mayor to sign and the City Clerk to attest the agreement as outlined in the report. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBER S:
0 COUNCILMEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
CONSIDERATION OF PARTICIPATION IN THE ONE-DAY LEGISLATIVE SESSION IN
SACRAMENTO: The City Manager presented a report dated February 17 indicating that the
League had requested cities to designate representatives to participate in the legislative
session on March 17. The impact of the Governor's budget on cities was a topic to be
discussed. Councilmembers Mullen and Coronado stated they wished to attend the session.
It was moved by Councilman Rowan and seconded by Mayor Mullen that Counci]members
Coronado and Mullen be authorized to attend the legislative session in Sacramento on March
]7 and be reimbursed for all actual expenses. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNC]LMEMBEI~S:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Partin~ ]~owan & Mullen
None
None
CONSIDERATION OF SETTLEMENT AUTHORITY FOR. WORKERS' COMPENSATION
CLAIMS: The City ManaNer summarized a report dated February 1 7 which recommended
that his office be granted settlement authority to seek cost effective settlements on
Workers' Compensation cases below $5,000 whenever legitimate claims warrant settlement.
Staff explained how this authority would provide the City with time to negotiate cost
effective settlements, thereby mitigating the chance of awards being made bv the Workers'
Compensation Appeals Board which are heavily weighted in favor of an employee. Staff
responded to questions from Councilman Coronado regarding this matter.
It was moved by Councilman Lacayo and seconded by Mayor Mullen to authorize the City
Manager settlement authority on the City's Workers' Compensation Claims pursuant to the
Workers' Compensation Appeals Board Rules and Procedures No. ]0563 and as outlined in the
report. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
1 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Lacayo, Partin, Rowan & Mullen
Coronado
None
-ll-
City Council Minutes February ZZ, 1987,
Councilman Coronado stated for the record that he objected to the dollar amount of
authority being granted to a City employee without City Council action. Mayor Mul]en
stated for the record that he was also concerned about delegating authority in such a large
amount to settle the cases but he felt the City was forced to take such action because of the
time limitations. He stated it was in the best interest of the taxpayers to settle the cases
quickly, in view of the fact that 970-/, of workers' compensation cases are decided in favor of
the employee.
CONSIDEI~ATION OF APPROVAL OF COMMERCIAL WARRANT LIST: Staff responded to
questions from the Council regarding several warrants on the list. Staff indicated they would
present a report at the next meeting concerning a proposed police vehicle maintenance
contract witb anoutside garage.
It was moved by Mayor MuIlen and seconded by Councilman Lacayo to approve the Warrant
List for Warrants #70925 through ~71050 in the total amount of $g04,819.62,. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
SECOND READING OF ORDINANCE AMENDING THE ZONING ORDINANCE (AMUSEMENT
ARCADES): It was moved by Councilman Lacayo and seconded by Mayor Mullen to order the
following Ordinance read by title only, title as follows, and to adopt the Ordinance:
ORDINANCE NO. 688
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 8 DEFINITIONS~ AND SECTION ]0.l PERMITTED
AND CONDITIONAL USES, OF ORDINANCE NO. 640, THE ~ONING
ORDINANCE OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNC]LMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacavo, Partin, Rowan &Mullen
None
None
SECOND READING OF ORDINANCE ADDING CHAPTEI~ TO MUNICIPAL CODE
FAMILY AMUSEMENT ARCADES: It was moved by Mayor Mullen and seconded by
Councilman Lacayo to order the following Ordinance read by title only, title as follows, and
to adopt the Ordinance:
OiRDINANCE NO. 689
AN O]~DINANCE OF THE CITY COUNCIL OF THE CITY OF CYPPESS
ADDING CHAPTER 15-E "FAMILY AMUSEMENT AI~CADES" TO THE
CYPI~ ESS MUNICIPAL CODE.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBER S:
Coronado, Lacayo, Partin, Rowan & Mullen
None
None
CONSIDEPATION OF APPROVAL OF RECREATION & PA]~K DISTRICT COMMERCIAl,
WARRANT LIST: Acting as the ex officio Board of Directors of the Cypress Recreation and
Park District, it was moved by Mayor Mullen and seconded by Councilman Lacayo to approve
the District Warrant List for Warrants 4~13947 through ~13980 in the total amount of
$8,555.15. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBEES:
0 COUNCILMEMBERS:
Coronado, Lacavo, Partin, Rowan & Mullen
None
None
-12-
City Council Minutes
Februarv 2Z, 198Z
In regard to Item ~30 concerning a Charter amendment for the genera] municipal e]ection
date, Councilman Coronado moved that the Council rescind their action of changing the
election date to November, and proceed to reschedule the election for the earliest possible
date. The motion was not seconded.
Councilman Lacayo stated he would support placing a Charter amendment measure on the
November ballot and seek voter ratification on whether the election date should be fixed for
November. The City Attorney stated that if the Charter amendment fixed the election date
in November, it would prevent future City Councils from changing the date.
Mr. Francis Boykin, 5017 Noumea Street, Cypress, stated he supported placing a Charter
amendment on the November ballot and also fixing the date for the election.
It was moved by Mayor Mullen and seconded by Councilman Lacayo that the Council place a
proposed Charter amendment on the November ballot to determine if the voters support
fixing the date of the general municipal election in April or November. The motion carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Lacayo, Partin, Rowan & Mullen
1 COUNCILMEMBERS: Coronado
0 COUNCILMEMBERS: None
Councilman Coronado stated for the record that he felt the residents of Cypress had been
terribly victimized by the Council's action to change the election date. Councilman Partin
stated he had heard positive comments from many persons who felt the change was a good
idea. Mayor Mu]len stated the only negative comments he heard had been expressed by Mr.
Boykin.
EXECUTIVE SESSION: Mayor Mullen called an Executive Session at 10:52 p.m. to discuss
matters of personnel and litigation. The meeting was called hack to order at 11:15 p.m. with
all Councilmembers present.
In regard to Item #31 added to the agenda concerning the Tank Farm, it was moved by
Councilman Rowan and seconded by Councilman Coronado that the Council request an
investigation of the environmental and health impact of the Tank Farm by the Orange County
Health Department and Air Ouality Management District and request that they submit
reports to the Council. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNC1LMEMBERS: Coronado, Lacavo, Partin, Rowan & Mullen
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
ADJOURNMENT: Mayor Mullen adjourned the meeting at l 1:16 p.m.
MAYOR OF THE CITY OF CYPRESS
069
ATTEST:
CITY CLERK 'OF THE CITY OF CYPRESS
-13-