HomeMy WebLinkAboutMinutes 83-02-28MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCn',
HELD
February Z8, 1983
The regular meeting of the Cypress city Council was called to order at 6:35 p.m. on Monday,
February 28, 1983, in the Cypress City Council Chambers, $275 Orange Avenue, Cypress,
California, Mayor Otto Lacayo presiding.
PRESENT:
ABSENT:
Councilmembers Kanel, Mullen, Partin and Lacayo
Councilman Coronado
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and
the following staff members: Barrett, DeCarlo, Dunn, Lamm, Powell, Robertson and
Schat zeder.
JOINT MEETING WITH THE CYPRESS SENIOR CITIZENS COMMISSION: Mayor Lacayo
stated the format of this joint meeting would be informal and he asked if the Senior Citizen
Commissioners had any items they wished to discuss with the Council. Mayor Lacayo asked
the City Manager to present an update on the senior citizens housing project. Mr. Essex
stated the Senior Citizen Commissioners have been kept up to date on the housing project
since a planning staff member regularly attends the Commission meetings.
Commissioner Spatz stated he serves on the County's Senior Advisory Council and that the
County is kept informed about all of Cypress' senior projects. He reported that the seniors'
postal alert and discount programs initiated by Cypress have received recognition at the
State level and there is interest at the national level. Commissioner Spatz reported that the
seniors are concerned about renewal of the lease for the Senior Citizens Center and are
interested in finding a permanent facility. Commissioner Lachina asked if the City would
have first choice if the Cypress School District decides to sell the Cypress School property.
Mr. Essex reported that the District is interested in exploring the sale or long-term lease of
the property which is why they have not committed to renewing the Senior Center lease on a
long-term basis. He stated the City would have first choice in the matter of disposing of the
property. Mr. Essex indicated that the Cypress School property had the potential for senior
citizens housing which he would like to discuss at the Council's next workshop meeting. He
reported that the Cypress School Board was interested in discussing the matter in a Joint
meeting with the Council. Staff indicated that the School District would be interested in
receiving the maximum dollar return for the sale or lease of the property. They reported
that any use other than PS-IA would be subject to City zoning approval. Mayor Lacayo
indicated he was in favor of Federal funding for seniors housing as long as the City has some
control over occupancy of the units. He asked if the Senior Commissioners had any survey
data on how many Cypress residents would be interested in the seniors housing project. Ruth
Raheb, Recreation Supervisor, reported that staff had no data. Mr. Spatz pointed out that
less than Z0% of senior citizens in Cypress are members of the senior citizens club and there
is no way to contact these people. Mr. Essex reported that staff would present information
on this issue at the next workshop meeting. Mr. Spatz reported that he was investigating
HUD financing and that he would present his findings to the Council. He stated he had
information that a city can control a project whether or not federal funding is used.
COUNCILMAN CORONADO ARRIVED AT 7:05 P.M.
Mrs. Eunice Berlin asked if rent control for apartment units was being considered in
Cypress. She reported that she receives a rent increase every 8-10 months. The Mayor
advised her that the Council was not considering rent control but they would be willing to
hear her problem if she wished to approach the Council.
Councilman Partin asked if the Commissioners wished to discuss any items besides housing.
Commissioner Spatz stated housing is their first priority and they are also concerned about
the stability of the Seniors Center. He stated the uncertainty over the lease is disturbing to
the seniors who have made the Center a way of life. Mr. DeCarlo reported that at their
February 15 meeting the School Board tabled this matter until after they have met with the
Council. He reported that 6 months' advance notice is required before the School Board can
terminate the Senior Center lease.
Commissioner Spatz requested that staff prepare a map for the next Commission meeting
which shows parcels that the City owns and those which it needs to acquire. He stated he
would present this information to Supervisor Wieder.
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City Council Minutes
February Z8, 1983
Mayor Lacayo asked that the Commissioners give some consideration to methods of
collecting data to determine how many seniors in Cypress would be eligible for the housing or
other senior activities. He suggested that the Commissioners may want additional
information besides the census data presented by staff.
The joint meeting ended at 7:33 p.m.
PLEDGE OF ALLEGIANCE: Councilman Partin led the pledge to the flag.
ORAL COMMUNICATIONS: Mayor Lacayo asked if anyone wished to speak in regard to any
matter not on the agenda.
Mrs. Martha Justice, 9632 Salisbury Lane, Cypress, stated that 1983 has been declared by the
President as the Year of the Bible and she suggested that the City Council invite a local
clergyman from the various churches to each Council meeting to deliver an invocation.
Mayor Lacayo stated he had discussed this suggestion with Mrs. Justice and that he planned
to send letters to all local clergymen inviting them to either attend a Council meeting or to
send in a prayer to be read at the meeting.
MINUTES: It was moved by Councilman Mullen, seconded by Councilman Kanel and
~unanlmously carried to approve the minutes of February 7.
It was moved by Councilman Kanel, seconded by Councilman Mullen and carried, with
Councilman Partin abstaining, to approve the minutes of February 14.
CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR.
DAVID AMBROSE ARAGON~ DBA SUNWIZARD: Mayor Lacayo opened the public hearing.
The City Manager presented a report dated February 22 and an additional report from the
Police Department dated February 23 which indicated that the contractor's license held by
Sunwizard is valid for solar heating device installations. Mr. Essex indicated that the Police
Department still recommended denial of the application because of the applicant's failure to
report all past convictions and because of the nature of the convictions. Captain Robertson
reviewed the prior convictions of the applicant which occurred in 1972, 1976 and 1981 and
involved petty theft, assault and battery and sale of marijuana.
Mr. David Aragon, 4522 Petite Lane, Cypress, the applicant, admitted that he has made
mistakes in the past but stated he is trying to straighten things out. He reported that he is
still on probation but that he has not stepped out of line. Mr. Aragon reported that he has
worked for Daniels & Stevens, a marketing company, for four months, that he has been
promoted to Assistant Manager, and that he would like to continue to move up. He reported
that he also has an Amway distributorship. Mr. Aragon stated that if he is granted the
special permit, he will not create problems for the City and would expect his permit to be
revoked if he violates any City regulations. Mr. Aragon stated he will not impose on
homeowners in the area end he will cooperate fully with the Police Department. In response
to questions from the Council, Mr. Aragon reported that he is an independent contractor for
Sunwizard and that he is authorized to write up contracts for them. He reported that he also
has a special permit in the City of La Palina.
Mayor Lacayo asked if anyone wished to speak in regard to the application.
Mr. John Kennedy, 10002 St. Vincent Circle, Cypress, felt the Council should consider the
types of offenses and fact that they occurred in the past and should give the applicant a
chance to earn a living without being persecuted further.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated it was unfair to punish a person over
and over for past mistakes and prevent him from earning a living. He stated a person should
be given a chance to recover after paying the penalty for past offenses.
In discussion of the application, Councilman Mullen stated his primary responsibility is to
protect the community. He expressed concern that the applicant's latest conviction occurred
recently in 1981 when the applicant should have been old enough to make a mature judgment
about criminal activity. He noted that the applicant was still on probation and he felt the
time was inappropriate to support the application. Councilman Kanel stated he was willing
to give the applicant a chance to earn a living with a legitimate company. He suggested that
the permit be approved for a six-month trial period and that the City evaluate if there are
problems. Councilman Coronado expressed concern about the applicant's past criminal
record and potential problems that his door-to-door solicitation could create for Cypress
homeowners. He stated he did not wish to persecute the applicant for past offenses and
indicated he would support the request contingent upon close surveillance by the Police
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335
City Council Minutes
February ZS, 1983
Department. Mayor Lacayo indicated he would support the permit on a trial basis but asked
if the applicant would be willing to submit a list of prospective customers who are interested
in a sale to the Police Department each month. Mr. Aragon stated he would be happy to
comply with this requirement. Councilman Partin stated he would support a six-month trial
approval. He noted that the applicant had been straightforward in dealing with the Council,
and that there are ma~y salespeople conducting door-to-door solicitation in the City without
benefit of a permit. Councilman Mullen stated that although he had concerns with the
application, he would vote with the rest of the Council.
It was moved by Councilman Kanel and seconded by Councilman Coronado to close the public
hearing and approve the special permit for Mr. David Ambrose Aragon, on behalf of
Sunwizard, for a six-month period, subject to the conditions that solicitation shall be limited
to the hours of 9 a.m. to 6 p.m. (daylight hours only) Monday through Saturday, that the
applicant submit the names of prospective clients to the Police Department every 30 days,
and that the applicant must reapply for a special permit at the end of six-months without
payment of the application fee. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Mayor Lacayo requested that staff prepare a report concerning the Police Department's
investigative reports relating to permit applications for discussion at a workshop meeting.
CONTINUATION OF PUBLIC HEARING RE: AMENDMENTS TO CYPRESS CITY CODE
REGARDING FIRE RETARDANT MATERIALS FOR REROOFING AND RETROFITTING
SMOKE DETECTORS: Mayor Lacayo opened the hearing. Mr. Essex presented a report
dated February 2Z indicating the hearing was continued from the February 14 Council
meeting. The City Attorney reported that following the last meeting he researched the
question of potential liability to the City because of the proposed requirement for weekly
testing of smoke detectors by tenants. He reported that he found no precedent that would
suggest a liability or immunity on the governmental agency's part by having this
requirement. However, he felt there was a risk to the City in adopting a requirement that
was unenforceable and which might lead to personal injury or property damage and therefore
the ordinance was drafted without the weekly testing requirement. He indicated that in the
event of personal injury or property damage, it would be left up to the courts to determine
negligence. Mr. Murphy indicated that the ordinance incorporated minor changes suggested
at the last meeting concerning smoke detectors; the portion concerning reroofing requires
the installation of fire retardant materials and a time period is applied as suggested by the
Council.
Mr. Ray Maggi, 6141 Orange Avenue, Cypress, President of the California Apartment
Association, reported that he received the staff report on this item on the day of the last
Council meeting and for this reason the City Manager had requested a continuance of the
hearing until tonight. Mr. Maggi expressed concern that the staff report did not address
several issues which he brought up at the January 24 meeting and he offered to meet with the
staff to resolve problems. Mr. Maggi stated he supported the intent of Cypress' ordinance
but indicated that because of the way it now reads the ordinance would be realistically and
economically not enforceable, possibly illegal, and he could not support it.
Mayor Lacayo asked the City Attorney to address the enforceability of the ordinance and its
penalties. Mr. Murphy reported that the enforcement procedures relating to reroofing would
be the same as applied to other home improvements. A homeowner seeking to reruof under
provisions of the ordinance would be issued a permit only if the (fire retardant) materials are
approved by the Building Department. A potential violation of the ordinance would be
determined either by complaint or by staff observation and a violation would be a
misdemeanor subject to a fine and/or imprisonment. With regard to smoke detectors, Mr.
Murphy felt there was no effective method of enforcement because of the laws governing
entry onto private property. He indicated that without a warrant issued on probable cause or
the tenant's agreement, the Fire Department may not have an opportunity to inspect a
dwelling unit unless they have reason to believe a violation is occurring.
Mr. Maggi reported the State has preempted the field with regard to access into apartments
and that Fire Department personnel may not enter a unit without a court order. He stated
that the Cypress ordinance currently requires the Fire Department to do a 100% inspection
which is physically impossible. He stated enforcement of Cypress' ordinance would be costly
the way it now reads and that his group is trying to resolve such problems before the
ordinance is adopted.
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337
City Council Minutes
February 28, 1983
Inspector Dennis Donaldson, Orange County Fire Department, reported that when they
inspect the common areas of apartments they are usually well received by the manager and
tenants who recognize the department is there for their safety and not as a threat. He
stated the Fire Department's proposal for inspection is a sampling of about 1/3 of the
apartments which number 10 units or less or 10% for 10-100 units. Mr. Donaldson reported
that the manager is asked to sign a certificate of compliance that smoke detectors are
installed in the other units. Mr. Donaldson stated the reroofing provisions in Cypress'
ordinance are acceptable but he requested that the ordinance include the escrow clause
pertaining to smoke detector compliance in single-family homes. The City Attorney reported
that Cypress' draft ordinance leaves it up to the enforcement agency to determine the
statistical sampling which it feels is sufficient or the form of certification from the
apartment owner to assure the agency of compliance with the City Code. Mr. Maggi stated
that without some statement, the Fire Department lacks authority to do less than a 100%
inspection. He expressed support for the provision in the ordinance where the seller of a
single-family home certifies to escrow that the home complies with the smoke detector
requirement. Mr. Maggi stated he would like to meet with staff to mitigate the problems
related to landlord/tenant issues. He reported his group has been able to reach a compromise
with most other cities on their ordinances.
Mayor Lacayo asked if anyone else wished to speak.
Mr. John Kennedy, 1000Z St. Vincent Circle, Cypress, inquired about the life expectancy of
fire retardant shingles and whether Cypress' ordinance specified their use. He expressed
concern over treated shingles which have a lifespan of only three years and felt they would
be costly to the homeowner.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, recommended that the Council obtain test
or statistical data to verify the life expectancy of the fire retardant shingles before adopting
the ordinance and requiring homeowners to spend extra money.
The City Attorney indicated that Cypress' ordinance requires fire retardant material but does
not address the life expectancy of the material. Inspector Donaldson reported that the
three-year shingle on the market in past years had a coating which could wash off and was
not guaranteed to last three years. He reported that the pressure treatment for shake
shingles has been tested for 10 years and has been listed by UL as lasting for the life of the
shingle as a fire retardant material. Inspector Donaldson stated Cypress' ordinance is
specific enough since it refers to the Building Code section which specifies the types of roofs
which are fire retardant and have at least a 10 year lifespan. He reported that the cost
increase for reroofing can range from Z0 to 40%.
Councilman Partin recommended that the Council determine the need and whether such an
ordinance is supported by the residents of the City. He felt the Council cannot lei~isl&te
safety for people and that it would be impossible to enforce the periodic testinl~ of smoke
detectors after their installation. He pointed out that Cypress has adequate fire protection
and lacks certain characteristics which would make it susceptible to a fire storm. He noted
that fire retardant materials can double the reroofing price and they have no guarantee. He
suggested that the Council consider a ban of fireworks in order to prevent fires. Councilman
Kanel recommended that the Council publicize the proposed requirement for fire retardant
material before making the ordinance effective so that homeowners with wood shake roofs
would have an opportunity to make needed repairs which are less costly. Councilman
Coronado expressed support for the proposed ordinance and he recommended that staff meet
with Mr. Maggi. He felt Cypress had the potential for a fire storm such as the Anaheim fire
which was blown across wide streets.
Mr. Hardcastle stated he asked the City to ban fireworks because Cypress has the potential
for a fire storm since half the homes have wood shake roofs and there is little separation
between homes. Mr. Hardcastle stated the City should try to prevent fires from starting
since it will take 20 years for all roofs to be replaced. He felt homeowners would use
common sense and reroof their homes if fire retardant material at a reasonable price was
available on the market.
Mr. Tom Justice, 9632 Salisbury Lane, Cypress, reported that he works on homes in the City
of Long Beach and insurance companies will reduce a homeowner's fire insurance rate if a
smoke detector is installed. Mr. Justice reported that the City of Anaheim conducted
several tests on roofs but was unable to find any fire retardant material which would last
longer than three years. He suggested that the Council delay adopting the ordinance. Mr.
Justice stated that fire retardant fibreglas roof shingles are available but he pointed out that
they lose their color and he felt they were unattractive. Mr. Justice also discussed the
special permit which the Council approved earlier in the meeting for the solar heating
solicitation business. Mr. Justice stated the State Department of Consumer Affairs requires
salespeople for home improvement companies to have a C-61 license in order to solicit
homeowners. He felt the applicant was in violation Of the State law by not having the
license.
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City Council Minutes
February Z8, 1983
Mayor Lacayo asked that staff prepare a report for the Council on the licensing requirements
for solicitors.
Mr. Maggi stated his group would prefer seeing insurance companies give incentives with
reduced rates for smoke detector and fire retardant roof installations rather than
grandfather clauses in city ordinances. He stated he could provide the Council with a report
on reroofing material costs. He suggested that the Council continue this hearing for four
weeks and allow him to meet with staff to resolve conflicts with the ordinance.
It was moved by Councilman Mullen and seconded by Mayor Lacayo to continue the public
hearing to the April 11 meeting, request that staff meet with Mr. Maggi to resolve the
conflicting positions on the smoke detector ordinance, request that staff investigate and
report back with all pertinent data on fire retardant materials including costs, availability,
test results, life expectancy, and their effect on possibly reducing insurance rates, and
request that staff present samples and prepare a visual presentation describing the various
classes/costs of fire retardant materials for the April 11 meeting. Councilman Partin
indicated that combining the reroofing and smoke detector ordinances was creating problems
and Mayor Lacayo suggested that staff may propose separate ordinances. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
PUBLIC HEAR/NG RE: CITY OF CYPRESS LIGHTING DISTRICT ~Z (1983): Mayor Lacayo
opened the hearing. Mr. Essex presented a report from the Public Works Director dated
February ZZ which indicated that the purpose of the public hearing was to hear any protests
on the Lighting District. Staff recommended the adoption of two Resolutions following
conduct of the hearing.
Mayor Lacayo asked if anyone wished to speak.
Mr. John Kennedy, lO00Z St. Vincent Circle, Cypress, inquired about the one contractor who
is capable of furnishing the electric current for the street lighting system. Staff advised that
it was the Edison Company.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close the public
hearing and adopt the Resolutions by title only, titles as follows:
RESOLUTION NO. 2617
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT
OF THE CITY ENGINEER OF SAID CITY, DATED JANUARY 28, 1983,
PREPARED PURSUANT TO RESOLUTION NO. 2601 OF SAID COUNCIL AND
REFERRED TO IN RESOLUTION NO. Z61Z OF SAID COUNCIL, AND THE
PLANS, SPECIFICATIONS, ESTIMATE AND ASSESSMENTS CONTAINED IN
SAID REPORT; TOGETHER WITH ANNEXATION NO. 2Z, ORDERING THE
MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO
LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN RESOLUTION OF
INTENTION NO. Z613 AND RESOLUTION APPOINTING THE TIME AND
PLACE FOR HEARING NO. 2614 ALL IN ACCORD WITH DIVISION 14, PART
1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED,
REFERRED TO AS THE "STREET LIGHTING ACT OF 1919".
RESOLUTION NO. 2618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING THAT
THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE OF MAKING
THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND
FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET
LIGHTING SYSTEM CYPRESS LIGHTING DISTRICT NO. 2 AND ORDERED TO
BE INSTALLED BY RESOLUTION NO. 2617 OF SAID COUNCIL, ALL IN
ACCORD WITH AND PURSUANT TO THE PROVISIONS OF DMSION 14,
PART 1, STREETS & HIGHWAYS CODE, STATE OF CALIFORNIA, AS
AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919".
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
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City Council Minutes
February 28, 1983
339
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - GEORGE & SEVAN KORKIS
(SALE OF AMWAY BURGLAR ALARMS): Mayor Lacayo opened the public hearing. Mr.
Essex presented a report dated February ZZ indicating that the application was to allow door-
to-door solicitation for the sale of Amway brand burglar alarms. No communications
regarding the application were received, and the Police Department found no reason to
protest the granting of the permit subject to the condition that potential buyers not be given
the impression that the alarms are approved or recommended by the Police Department.
Councilman Coronado recommended that a strict condition be applied to the permit
indicating to the public that the City does not endorse this product.
Mr. George Korkis, 11543 Manila Drive, Cypress, the applicant, stated he would like to
conduct solicitation for the sale of the alarm systems on a part-time basis. He stated he was
made aware of the permit requirement after he distributed fliers in his neighborhood. Mr.
Korkis stated the burglar alarms can be easily installed by the homeowner and need not be
installed by a contractor. Mrs. Sevan Korkis reported that the alarms operate with
transmitters and have no wires and they can be installed by the buyer in half an hour.
Councilman Mullen asked if the applicants would accept a condition on the permit approval
which authorizes only the sale and not the installation of the burglar alarms. Mr. Korkis
indicated the condition would be acceptable.
Mayor Lacayo asked if anyone wished to speak in support or in opposition to the application.
No one else wished to speak.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close the public
hearing and approve the special permit for George and Sevan Korkis to solicit sales of
Amway burglar alarms, subject to the conditions that solicitation shall be limited to 9 a.m. to
6 p.m. (daylight hours only) Monday through Saturday, that the applicant be required to
disclose to prospective buyers that there is no endorsement of the product by the City or the
Police Department, and that the permit authorizes the sale only and not the installation of
the burglar alarms.
Mayor Lacayo suggested a condition that the applicant be prohibited from installing the
alarms until he is advised by the City of what permits are required. Councilman Mullen
stated his motion addresses the sale only and not the installation of the alarms. He stated it
is the applicant's responsibility to determine what permits are required for the installation.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
RECESS: The Mayor called a recess at 9:Z3 p.m. The meeting was called back to order at
9:35 p.m. with all Councilmembers present.
Mayor Lacayo took Item 4~Z5 out of order for the benefit of persons in the audience.
CONTINUATION OF CONSIDERATION OF A POLITICAL SIGN REGULATION SURVEY OF
ORANGE COUNTY CITIES: Mr. Essex presented a report dated February 22 indicating this
item was continued from the February 14 meeting in order to have a full Council present.
Councilman Kanel described his proposal to establish two citizen committees: one to study
the political sign regulations of other cities and return with recommendations for possible
ensctment in Cypress, and the second committee to review Cypress' campaign contribution
ordinance, determine whether it is necessary or if provisions should be changed and return
with a recommended ordinance which can be presented to the voters. Councilmo. n Kanel
suggested that each Councilmember recommend an appointee to each committee, that the
Mayor select the chairpersons subject to the Council's approval, and that one or two
Councflmembers be appointed as liaison members for each committee.
Mayor Lacayo announced that the Council would also consider Item ~Z6 at this time,
Continuation of Consideration of Campaign Contributions Limitation Ordinance.
Councilman Partin indicated that he supported the committee to study political signs but he
felt the Council should be responsible for reviewing the campaign contribution ordinance
because of the legal issues involved and the need for legal counsel. Councilman Mullen
agreed that both issues needed to be addressed but stated he preferred having one
committee. Councilman Kanel stated the committees would be advisory only. He stated he
would prefer recommendations to come from the citizens and he felt they could return with a
better ordinance than the existing campaign contributions ordinance which was adopted
hastily.
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City Council Minutes
February 28, 1983
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated the original purpose of the campaign
contributions ordinance was to make residents aware of large campaign contributions made
by developers to Cypress campaigns. He stated the need for the ordinance no longer exists,
there are ways to get around it, and the ordinance should be repealed.
Mr. Howard Rowan, 5831 Shirl Street, Cypress, stated there is no reason to adopt the
political sign ordinance if the Council will not enforce it and he felt the ordinance would be
ignored by candidates who will illegally post or tear down signs. Mr. Rowan stated that
Proposition 9 requires that contributions over $100 be declared so a City ordinance is
unnecessary. He stated the current campaign contributions ordinance has not served its
purpose since candidates have gotten around it and the ordinance only impacts the honest
person who tries to abide by the law. He stated the ordinance should be abolished.
Mr. John Kennedy, 10002 St. Vincent Circle, Cypress, stated he supported the citizen
committees since he felt citizens should provide input on both issues.
Councilman Coronado stated the signing issues did not concern him. He reported that he
compared the expenditure statements of several candidates in the last election with costs for
printing, marling, etc. and he felt that considerably more money was spent than reported. He
felt the contributions ordinance will be circumvented. Councilman Coronado stated he did
not support the formation of committees and that the Council was elected to make the
difficult decisions for the community.
Mrs. Martha Justice, 9632 Salisbury Lane, Cypress, stated she did not feel a citizens
committee would accomplish much since the average person does not know what it costs to
run a campaign. Mrs. Sustice stated that if the contributions ordinance is placed on the
ballot for a vote by the people the measure will have to be worded right so that it will be
understood by the average person. Mrs. Justice felt that persons appointed to the committee
will have to be familiar with campaign costs in order to be able to recommend a
contributions limitation.
Councilman Kanel stated his intent would be to have a seven member committee which would
collect information from other cities on their ordinances, be provided with staff assistance,
and report back to the Council within 90 to lZ0 days.
It was moved by Councilm~n Kane] and seconded by Mayor Lacayo that a citizens blue ribbon
committee be formed, with each Councilmember to appoint one person and, in addition,
submit three names for the Mayor to select two committee members at large with the
Council's concurrence and with the Mayor to select the chairperson with the Council's
concurrence, that the committee research other cities' regulations on political signs and
campaign contributions, be provided with staff ass/stance, publicize and conduct meetings
and receive citizen input, and return with recommendations to the Council within lZ0 days.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
4 COUNCILMEMBERS: Kanel, Mullen, Partin & Lacayo
0 COUNC1LMEMBERS: None
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Coronado
STAFF REPORTS & DISCUSSION: The City Manager transmitted an additional
communication relating to Item #14 on the Consent Calendar and suggested that this item be
removed from the Consent Calendar. Mr. Essex also reported that the City received a letter
from the Orange County Transit District regarding changes in two bus routes. The Mayor
added this matter to the agenda as Item ~29. Mr. Essex reported that a communication was
received from the Chamber of Commerce manager suggestin~ a meeting date between the
Chamber Board and City Council for Wednesday, March 9, at 7:30 a.m. in the Chamber
offices.
Mayor Lacayo pointed out that the Council's attendance at a joint meeting with the Chamber
Board legally must be conducted as a regular meeting of the City Council. Councilman
Mullen expressed concerns about the Chamber president expressing partisan viewpoints in the
Chamber newsletter on political issues especially since the Chamber is a publically subsidized
organization. He recommended that the Chamber Board be invited to attend a joint meeting
on the next regular Council meeting date.
It was moved by Councilman Mullen and seconded by Mayor Lacayo that the Council forward
a communication to the Chamber Board inviting them to attend a joint meeting with the
Council on Monday, March 14, at 6:30 p.m. The motion carried by the following roll call
vote:
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City Council Minutes
February 28, 1983
AYES:
NOES:
ABSENT:
ABSTAINING:
4 COUNCILMEMBERS: Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNC]]LMEMBERS: None
1 COUNCILMEMBERS: Coronado
The City Manager requested an Executive Session to discuss matters of litigation and
personnel. Hearing no objections, Mayor Lacayo added Item 430 to the agenda regarding a
proposed meeting between the City Council and presidents of sports leagues, and Item 431
regarding the new Police facility dedication.
CONSIDERATION OF AWARD OF CONTRACT FOR CARPETING AT CYPRESS SENIOR
34i
CENTERt REQUEST FOR QUOTATION 48Z83-47: The City Manager presented a report
from the Finance Director dated February 18 which outlined three bids received to carpet
four classrooms at the Senior Citizens Center.
Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was
moved by Councilman Mullen and seconded by Councilman Kanel to accept the bid of Harlow
Carpets, 1Z80Z Knott Street, Garden Grove, as the lowest responsible bidder and award them
the contract in the amount of $5,Z97.18. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSENT CALENDAR: Mayor Lacayo 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 on the agenda. Hearing no objections, Mayor Lacayo
removed Items 414 and Z1 from the Consent Calendar for discussion.
It was moved by Mayor Lacayo and seconded by Councilman Partin to approve Items ~7
through 4Z3 on the Consent Calendar with the exception of Items 4~14 and Zl. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Kanel, Mullen, Partin & Lacayo
None
None
Item #7: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by
Title Only and to Waive Further Reading.
Item #8: Consideration of Proclaiming the Month of March 1983 as Red Cross Month.
Recommendation: That the Mayor and City Council officially proclaim the month of March
1983 as "Red Cross Month" in the City of Cypress as requested.
Item 49: Consideration of an Application for Alcoholic Beverage License Transfer Filed by
Chae Hee Chang and Joseph S. Pyon, DBA Antony's Italian Foods, 5111 Ball Road, Cypress.
Recommendation: Receive and file.
Item 410: Consideration of Proclaiming the Week of April 11-17, 1983, as the Week of the
Handicapped.
Recommendation: That the Mayor and City Council officially proclaim the week of April 11-
17, 1983, as the "Week of the Handicapped" as requested.
Item 4~11: Consideration of Approval of Plans and Specifications and Authorization to
Advertise for Bids on Cerritos Avenue from Walker Street to Moody Street, City of Cypress
Project #8304-10, AHFP ~1080.
Recommendation: That the City Council approve the plans and specifications for
improvements of Cerritos Avenue from Walker Street to Moody Street, AHFP ~I080, Project
48304-10, and authorize the City Clerk to advertise for bids with the bid opening date to be
set after receipt of approval from the County of Orange.
Item 4~lZ: Consideration of Resolution Supporting the All River Plan.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
expressing support for the All River Plan as requested by the Santa Aha River Flood
Protection Agency Commission:
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City Council Minutes
February Z8, 1983
RESOLUTION NO. 2619
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONCERNING THE ALL RIVER PLAN FOR FLOOD PROTECTION ON THE
SANTA ANA RIVER.
Item ~13: Consideration of Authorization for Attendance to the 1983 American Planning
Association National Planning Conference.
Recommendation: That the City Council authorize the Community Development Director to
attend the 1983 American Planning Association National Planning Conference to be held on
April 16-Z1, 1983, in Seattle, Washington, and be reimbursed for all actual and necessary
expenses incurred.
Item #15: Consideration of Resolution in Support of Direct Allocation of Community
Development Block Grant Funds for Cities Under 50~000 Population.
Recommendation: That the City Council authorize the Mayor to send letters of support to
the appropriate Federal legislators for direct allocation of community development block
grant funds to cities under 50,000 population.
Item t~16: Consideration of Application for Leave to Present a Late Claim Submitted by the
Automobile Club of Southern California for Their Insured, Frank A. Granack.
Recommendation: That the City Council deny the Application for Leave to Present a Late
Claim and reject the subject claim.
Item 4t17: Consideration of Proclaiming 1983-1992 as The Decade of Disabled Persons.
Recommendation: That the Mayor and City Council officially proclaim 1983-1992 as "The
Decade of Disabled Persons" in the City of Cypress as requested.
Item iq8: Consideration of Replacement of the Civic Center Answer Phone Machine.
Recommendation: That the City Council award the contract for a new answer phone device
to Ansafone By Dictaphone, Z0?.I N. Main Street, Santa Aha, California, in the amount of
$4Z9.10, and appropriate $4Z9.10 to Account 4~90--4707-653.38.
Item #19: Consideration of Weed and Rubbish Abatement Program Resolution Authorizing
Posting of Properties and Declaring City's Intention to Abate.
Recommendation: That the City Council adopt the Resolution by title only, title as follows,
declaring that the listed properties constitute a public nuisance; declaring the City's
intention to abate; directing the Street Superintendent to post notices; and setting the time
and place for the public hearing of objections to the proposed abatement for 7:30 p.m. on
March Z8, 1983:
RESOLUTION NO. Z6Z0
A RESOLUTION OF THE crrY 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 THE ABATEMENT THEREOF, AND
SETTING A PUBLIC HEARING THEREON.
Item 4~20: Consideration of Fiscal Year 1982/83 Arterial Highway Financing Program
Administration Agreement, AHFP #1080, Cerritos Avenue from Walker Street to Moody
Street, Certification of Right-of-Way and No Parking Resolution, City of Cypress Project
#8304-10.
Recommendation: That the City Council: (1) approve the Administrative Agreement for
AFHP Project 4~1080, Cerritos Avenue from Walker Street to Moody Street, and authorize
the Mayor to sign the Agreement and the City Clerk to attest; (Z) authorize the Mayor to
sign the right--of-way certification and the City Clerk to attest; and (3) adopt the Resolution
by title only, title as follows, establishing "No Parking" areas on Cerritos Avenue:
RESOLUTION NO. 2621
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING "NO PARKING" AREAS.
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343
City Council Minutes
February 28, 1983
Item #ZZ: Consideration of Funding for the Youth in Law Day.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation & Park District, approve an appropriation in the amount
of $600 from the Park District General Fund to Account #12-4Z06-3zg.08 for the Youth in
Law Day sponsored by the Cypress Youth Commission.
Item #2.3: Consideration of Claim Submitted by the La Palma Village Homeowners
Association for Repair of Block Wall Adjacent to Arnold/Cypress Park.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation & Park District, approve the $100 settlement to the La
Palma Village Homeowners Association for damage to the barrier wall adjacent to
Arnold/Cypress Park.
In regard to Item #14, Consideration of Resolution Regarding Air Transportation Services,
Mr. Essex reported that a communication was received from the Community Airport Council
which supported the City of Anaheim's resolution rather than the League's resolution. Mayor
Lacayo indicated that he supported the League's resolution since the League is more
responsive to the cities adjacent to John Wayne Airport which are the most affected.
It was moved by Councilman Mullen and seconded by Mayor Lacayo to authorize Councilman
Kanel, as the City's voting delegate, to vote on behalf of the Council regarding this issue at
the March 17 League meeting. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
In regard to Item #Z1, Consideration of Recommendations of Traffic Commission Meeting of
February 15, 1983, Mayor Lacayo inquired about the recommendation to decrease the speed
limit on certain streets and asked if this would create speed traps. Mr. Schatzeder reported
that the proposed speed limit reductions on the three street sections would bring them into
conformance with the adjoining stretches of street and the reductions would not create speed
traps. In regard to the proposed "No Parking" area westerly of the Post Office driveway,
Councilman Kanel recommended that the existing "No Parking" zone directly in front of the
Post Office be painted with a red curb. Staff reported that the Traffic Commission had
recommended that the new and existing "No Parking" areas be painted with red curb. In
regard to the proposed "one-hour parking limitation" in front of Lexington Jr. High School,
Councilman Coronado inquired if the limitation would be in effect at all times. Staff
reported that the limitation would be in effect at all times but the Police Department would
probably enforce it during school hours only unless there was a complaint. Staff indicated
that the one-hour parking limitation would increase parking space in front of the school for
parents wishing to pick up their children.
It was moved by Mayor Lacayo and seconded by Councilman Partin to approve the
recommendations of the Traffic Commission as outlined in the staff report, adopt the
Resolutions by title only, titles as follows, establishing a one-hour parking limitation on the
north side of Orange Avenue (adjacent to Lexington Jr. High School), and establishing a "no
parking" area on the south side of Lincoln Avenue from the westerly driveway of the Post
Office to approximately 75 feet west, direct staff to install a red curb in the "no parking"
zone between the two driveways of the Post Office, and approve the first reading of the
Ordinance by title only, title as follows, decreasing the State speed limit on Crescent Avenue
from 1300 feet west of to 700 feet east of Walker Street, on Walker Street from Lincoln
Avenue to Crescent Avenue, and on Cerritos Avenue from Denni Street to Bloomfield Street-
westbound only:
RESOLUTION NO. 2622
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A ONE-HOUR PARKING LIMITATION ON THE NORTH SIDE
OF ORANGE AVENUE.
RESOLUTION NO. 2623
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A "NO PARKING" AREA ON LINCOLN AVENUE.
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344
City Council Minutes
February 28, 1983
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REPEALING SECTION 16-86 OF CHAPTER 16 OF THE CODE OF THE CITY
OF CYPRESS, AND ADDING SECTION 16-86 TO THE CODE OF THE CITY OF
CYPRESS FOR I~ECREASING THE STATE SPEED LIMIT IN CERTAIN AREAS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF REPORT CONCERNING CITY POLICY ON THE
EXPUNGING OR DESTRUCTION OF ADVERSE/DISCIPLINARY MATERIALS FROM
EMPLOYEE PERSONNEL FILES: The City Manager presented a report dated February 2Z
indicating this matter was continued from the February 14 meeting and a report from the
Administrative Coordinating Team dated January 17. Mr. Essex reported that this subject
has been brought up by certain employee groups during the meet and confer sessions and no
changes to City policy were recommended at that time.
It was moved by Councilman Kanel and seconded by Councilman Partin to determine that no
materials should be removed from an employee's personnel file and to allow employees to
have attached to any derogatory materials his/her own comments as a part of the record.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSIDERATION OF APPLICATION FOR EXEMPTION FROM A SPECIAL PERMIT -
AMERICAN YOUTH SPORTS FOUNDATION: The City Manager presented a report dated
February 23 which indicated that a request was made by the American Youth Sports
Foundation for an exemption from a Special Permit to conduct a door-to-door campaign to
solicit funds to support amateur athletes in the 1984 Olympics. The report indicated that the
organization did not meet the criteria for a waiver which requires that 85% of the
organization's gross receipts be used for the purposes and objectives for which the
organization was formed. Both the Police Department and City Attorney's office
recommended denial of the application based on the findings of their investigation.
Mayor Lacayo stated he was concerned about solicitors misrepresenting themselves to the
Cypress community and that he had been advised by residents of past problems. He felt the
Police report was clear in indicating that the applicant never has been affiliated with the
U.S. Olympic Committee and has been forbidden from using their name in their solicitation
campaign.
It was moved by Councilman Mullen and seconded by Councilman Partin to deny the
application by the American Youth Sports Foundation for an exemption from a Special
Permit. The motion unanimously carried by the following ron call vote:
AYES:
NOES:
ABSENT:
5 COUNC]LMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: Staff responded to
questions from Councilman Partin regarding several items on the Warrant List. In regard to
City costs/revenue relating to the Oxford School facility, Mr. Essex reported that staff would
present a report regarding the Oxford facility during the budget sessions. Councilman Partin
inquired about the costs of the Recreation Department's Jazzercise Program and requested a
review of this program during the budget sessions.
It was moved by Councilman Mullen and seconded by Mayor Lacayo to approve the Warrant
List for Warrants ~74670 through 4~74892 in the total amount of $466,017.41. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
-11-
City Council Minutes
February 28, 1983
345
In regard to Item ~29 added to the agenda, Consideration of Proposed Bus Service Cutbacks
by OCTD on Route Z1 and Route 42, Mr. Essex presented a report from the Public Works
Director dated February 24 which described service cutbacks proposed for the two routes
from June 1Z to September 10, 1983. Staff indicated that Cypress residents use both routes
for access to the beach during the summer and they recommended that the Council send a
letter to OCTD opposing the changes.
It was moved by Mayqr Lacayo and seconded by Councilman Coronado to authorize the Mayor
to send a letter to the Orange County Transit District Board of Directors expressing the City
Council's opposition to the proposed changes in Routes Z1 and 4Z which will affect bus
service for Cypress residents. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNCIl. MEMBERS: None
In regard to Item ~30 added to the agenda concerning a meeting between the Council and
sports league representatives, Mayor Lacayo recommended that the Council schedule a
meeting to discuss use of the recreational facilities and various problems which may arise
from time to time. He reported that there may be problems with the Park District allowing
non-Cypress residents to use the facilities and preempt Cypress residents. Mayor Lacayo
indicated that he would confer with the league representatives as well as the Recreation &
Community Services Commission before recommending a meeting date to the Council.
In regard to Item ~31 added to the agenda regarding dedication of the new Police facility,
Mayor Lacayo reported that he had reviewed plans for the dedication ceremony with staff
and staff anticipated that approximately 500 persons would attend the ceremonies. He
recommended that the Council appropriate $1500 to cover the cost of refreshments and
photography. Mr. Essex indicated that staff would present a report at the next workshop
meeting concerning the proposal for a plaque.
It was moved by Councilman Mullen and seconded by Councilman Kanel to approve an
appropriation of $1500 for the Police building dedication ceremonies. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNC]LMEMBERS: Coronado, Kanel, Mullen, Partin & Lacayo
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
EXECUTIVE SESSION: Mayor Lacayo called an Executive Session at 11:00 p.m. for matters
of personnel and litigation. The meeting was called back to order at lZ:Z5 a.m. with all
Councilmembers present.
ADJOURNMENT: Mayor Lacayo adjourned the meeting at IZ:Z$ a.m. to Monday, March 7, at
7:00 p.m. in the Administrative Conference Room.
MAWR OF THF~/C1TY ~)F CYPRESS
ATTEST:
CITY CLER~rO~F TH~'FCITY OF CYPRESS
-lZ-