Minutes 77-07-11MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
July 11, 1977
The regular meeting of the Cypress City Council was called to
order at 6:40 p.m. on Monday, July 11, 1977 in the Cypress City
Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor
Donald Hudson presiding.
PRESENT:
ABSENT:
Councilmen Lacayo, MacLain, Sonju & Hudson
None
Also present were Brian Hawley, Planning Director, John Murphy,
City Attorney, and the following members of the City staff:
Bryant, Davenport, Duke, Powell and Schatzeder.
PLEDGE OF ALLEGIANCE: Finance Officer Lee Powell led the pledge
to the flag.
PRESENTATIONS: Mayor Hudson presented a community service
plaque to Mr. Alex Bell in appreciation for his service as
chairman of the Lincoln Avenue Action Committee.
MINUTES:
It was moved by Councilwoman MacLain, seconded by Mayor Hudson
and carried, with Councilwoman MacLain abstaining, to approve
the minutes of June 27.
CONSENT CALENDAR: Mayor Hudson 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
recommendation listed on the agenda. Councilwoman MacLain
requested the removal of Item #3.
It was moved by Councilwoman MacLain and seconded by Council-
woman Sonju to approve Items #2 through #11 on the Consent
Calendar with the exception of Item #3. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEN: Lacayo,
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain,
Sonju & Hudson
The Planning Director read the following Ordinances by title
only, titles as follows, which refer to Items #8 and 9 respec-
tively:
ORDINANCE NO. 600
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS PROVIDING FOR ACCESS TO STATE
SUMMARY CRIMINAL HISTORY INFORMATION AND
DELINEATING THOSE PERSONS EXCLUDED FROM EMPLOY-
MENT, CERTIFICATION, LICENSING BECAUSE OF
CERTAIN CRIMINAL CONDUCT.
ORDINANCE NO. 601
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS REPEALING SECTION 16-74(e) OF
CHAPTER 16 OF THE CODE OF THE CITY OF CYPRESS,
CALIFORNIA AND ADDING SECTION 16-74(e) TO THE
CODE OF THE CITY OF CYPRESS, CALIFORNIA FOR
RESTRICTED USE OF CERTAIN STREETS - TRUCK ROUTES.
Council Minutes July 11, 19 77
Item #2: Consideration of Resolution from the City of Anaheim
(77R-424) .
Recommendation: That the City Council request the City Manager
to notify the appropriate State Legislators of the City Council's
support of the Resolution from the City of Anaheim requiring
proof of financial responsibility prior to issuance of a
driver's license.
Item #4: Consideration of Approval of Sub-lease on Property
Located at the Northwest Corner of Moody and Cerritos Avenue
for the Girls' Club.
Recommendation: That the City Council approve the renewal of
the sub-lease for the Girls' Club which renewal will expire
January 1, 1978.
Item #5: Consideration of a Request from the President, Clowns
of America, that the week of August 1-7, 1977 be Proclaimed
National Clown Week.
Recommendation: That the Mayor and City Council proclaim the
week of August 1-7, 1977 as "National Clown Week" in the City
of Cypress.
Item #6: Consideration of a Claim Submitted by Marlynn Janet
Cox, Craig Hand and Mike Hand, S441Marcella Avenue, Cypress,
California.
Recommendation: That the City Council officially deny the sub-
ject claim and refer the claim to the City's Claim Adjuster,
Carl Warren and Company, for appropriate disposition.
Item #7: Consideration of Certification of Employment List
Clerk Typist, Cypress Recreation and Park District.
Recommendation: That the City Council, acting as ex officio
Board of Directors of the Cypress Recreation and Park District,
certify the employment list for clerk typist as submitted.
Item #8: Consideration of Second Reading of an Ordinance
Providing for Access to Criminal Records.
Recommendation: That the City Council adopt Ordinance #600 by
title only, title as above.
Item #9: Consideration of Second Reading of an Ordinance
Amending the Traffic Ordinance by Adding Walker Street as a
Truck Route.
Recommendation: That the City Council adopt Ordinance #601 by
title only, title as above.
Item #i0: Consideration of Award of Contract for Weed Abate-
ment for Fiscal Year 1977-78.
Recommendation: That the City Council determine that the lowest
responsible bidder is Elco Corporation, 344 East 20th Street,
Carson, California and award them the contract for the 1977/78
Weed Abatement Program.
Item #11: Consideration of Report on Indentations in Median Curbs.
Recommendation: Receive and file.
Hearing no objections, Mayor Hudson added
regarding November election ballot items,
the Cypress Village tot lot.
Item #21 to the.agenda
and Item #22 regarding
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City Council Minutes July 11, 1977
In regard to Item #3, Consideration of Resolution from the City
of Anaheim (77R-42S), which urges the Department of Motor Vehicles
to strictly enforce provisions of the California Vehicle Code and
to refuse a driver's license to any person who cannot understand
simple English used in highway, traffic and directional signs,
Councilwoman MacLain pointed out that the DMV provides testing
in Spanish yet many of these persons do not understand the English
signs. She felt it was the responsibility of the DMV and legis-
lature to change the law that permits testing in Spanish. She
felt the inability to understand English signs is partially
responsible for increased insurance costs.
It was moved by Councilwoman MacLain, seconded by Councilman
Lacayo and unanimously carried to receive and file the matter.
Hearing no objections, Mayor Hudson continued Item #15, Contin-
uation of Consideration of Proposed Ordinance Amending the
Admissions Tax Ordinance, to the July 25 meeting.
CONTINUATION OF CONSIDERATION RE: DETERMINATION ON JOINT USE
AT LOS ALAMITOS NAVAL AIR STATION: The Planning Director pre-
sented a report dated July 6 and transmitted a letter from the
City of Seal Beach regarding this matter.
Following discussion, it was moved by Councilwoman MacLain,
seconded by Mayor Hudson and unanimously carried to transmit a
letter to the City of Seal Beach indicating that the City Council
requests a determination by the Department of Defense that there
will be no joint military/commercial use at Los Alamitos Naval
Air Station, and to transmit a letter to the Board of Supervisors
restating the Council's opposition to joint use.
ORAL COMMUNICATIONS: Mayor Hudson asked
speak in regard to any matter not on the
one who wished to speak.
if anyone wished to
agenda. There was no
CONTINUATION OF CONSIDERATION RE: TENTATIVE TRACT MAP NO. 9837:
The Planning Director presented a report dated July 6 and trans-
mitted the tentative tract map for a nine unit condominium
project as well as plans of the overall development which in-
cludes a 28 unit condominium project and the Lincoln Plaza
Shopping Center. The condominium projects were approved under
two conditional use permits. He described the tentative map
lot division. He reported the 28 units are near completion and
permits were not yet issued for the nine units.
Mayor Hudson stated his position has not changed regarding the
nature of this development and having the residential portion
locked-in between commercial and other residential, but he
felt denying the project and leaving the property vacant would
be a hardship for the developer and residents of the 28 units
and would accomplish nothing. He stated the various phases
of the development have received unanimous approval by the
Council.
It was moved by Mayor Hudson and seconded by Councilwoman
MacLain to adopt the following Resolution by title only~ title
as follows:
RESOLUTION NO. 1872
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING TENTATIVE TRACT MAP NO.
9837 - WITH CONDITIONS.
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Mr. Michael Brown, MEB Investments, reported on the schedule
for development of the restaurant and other factors relating
development of the property.
to
The motion carried by the following roll call vote:
AYES: $ COUNCILMEN: Lacayo, MacLain
NOES: 1 COUNCILMEN: Sonju
ABSENT: 0 COUNCILMEN: None
Hudson
The Planning Director reported on the status of development of
the property on the south side of Lincoln, opposite Sumner Street
and stated the Planning Commission approved a revised site plan
on July 7 which involves relocation of the commercial buildings.
He reported the Butler Housing Corporation purchased the property
from the Warmington Company and that a restaurant and a fast-
food restaurant are included in the revised plans.
CONSIDERATION OF RENEWAL OF CLAIMS ADJUSTING SERVICE CONTRACT:
The Planning Director presented a report dated July 7 which
indicated staff recommended a renewal of the claims adminis-
tration contract with Carl Warren and Company. The report
outlined areas of increased contract costs. Staff indicated
the claims adjusting service would be necessary with whatever
self-insurance program the City selects.
It was moved by Councilman Lacayo and seconded by Councilwoman
MacLain to authorize the staff to renew the claims administra-
tion contract with Carl Warren and Company with a maximum of
$5,000 for all services under the contract and other changes
in rates as outlined in the staff report. The motion unani-
mously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Lacayo, MacLain,
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Sonju ~ Hudson
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was
moved by Councilman Lacayo and seconded by Councilwoman Sonju
to approve the Warrant List for Warrants #4S960 through #46121
in the total amount of $409,803.44. The motion unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEN: Lacayo, MacLain,
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Sonju ~ Hudson
CONSIDERATION OF APPROVAL OF RECREATION AND PARK DISTRICT COM-
MERCIAL WARRANT LISTS: It was moved by Councilwoman Sonju and
seconded by Councilman Lacayo to approve the District Warrant
List for Warrants #6795 through #6844 in the total amount of
$S8,471.76. The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEN: Lacayo,
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain,
Sonju ~ Hudson
CONSIDERATION OF BALLOT ITEMS FOR NOVEMBER ELECTION: The
Planning Director stated he transmitted to the Council corres-
pondence regarding the special election including a calendar
of election events submitted by Martin and Chapman. It was
recommended that the Council adopt one resolution calling for
the election and for the charter amendments and other measures.
The staff indicated they would prepare the wording of the
measures suggested by the Council and the resolution for con-
sideration at the next meeting.
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City Council Minutes July 11, 1977
The Council suggested the following items for the November ballot:
A measure to prohibit parking during street sweeping hours, with
an appeal procedure;
A measure to determine whether citizens support the Council's
consistent position opposing commercial aviation at Los Alamitos
Naval Air Station and its position opposing flights at the mili-
tary facility above the current level of air operations;
A measure stating that no person shall be eligible for nomina-
tion or elected to the office of City Councilman who has served
two consecutive, four year terms, and short or partial terms
shall not be considered;
A measure to determine whether the City should bear the cost
of printing the candidates' statement and Spanish translation
for the special November election, or whether the City should
bear this similar cost for all future elections.
Councilwoman MacLain suggested that the Council may wish to
adopt a campaign expenditure limitation for candidates. The
City Attorney stated he would prepare a report for the next
meeting on the constitutionality of such a limitation.
Mayor Hudson announced that it was time to conduct the public
hearings. He opened the following hearings and continued them
until after this item:
CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR
SPECIAL PERMIT - MS. BETTY WASSO
CONTINUATION OF PUBLIC HEARING
PROGRAM FOR THE EXPENDITURE OF
REVENUE SHARING
RE: THE ADOPTION OF A
FUNDS ALLOCATED UNDER
PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 77-2
The Council discussed the possibility of placing on the ballot
a measure regarding the Regional Governmental Center and expan-
sion of the police department facility. Councilmen Hudson and
MacLain opposed placing this item on the November ballot because
the Council had insufficient information. The Planning Director
stated the staff proposed to present a report at the next
meeting on the Regional Governmental Center with a review and
update of the City's current policy. The Council decided to
await the report and make a determination at the next meeting
on whether to place this item on the November or March ballot.
The Council further requested the following items for the
November ballot:
Charter clean-up items including minor language changes and items
relating to the budget and certain position titles;
A measure stating that a Council member who is elected to
fill an unexpired term of less than one calendar year shall
serve the next two year term; and,
A measure to prohibit overnight parking by recreational vehicles,
motor homes and campers, including a permit procedure. The City
Attorney stated he would check the enforceability of the prohibi-
tion and report at the next meeting.
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24~i' City Council Minutes July 11, 1977
Mr. James Duncan, 9787 Rome Street, Cypress, felt the measures
the Council was considering should be condensed because the
ballot will be long and he felt the Council appointment was the
most important issue. He suggested placing the matter regarding
the police department expansion on the March ballot to allow
more study and he suggested a citizens' committee to study the
matter.
RECESS: Mayor Hudson called a recess at 8:40 p.m. The meeting
was called back to order at 8:50 p.m. with all Councilmen present.
CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL
PERMIT - MS. BETTY WASSO: Mayor Hudson opened the hearing and
asked for the staff's report.
The Planning Director presented a report dated July 6 indicating
the hearing was continued from June 27 in order to allow the
applicant to be present. The application is to allow door-to-
door solicitation for the sale of redwood furniture.
Mayor Hudson asked if the applicant wished to speak.
Ms. Betty Wasso, 22510 Redwood Drive, Perris, reported they
sell redwood tables and chairs and carry the furniture on a
small pick-up truck from which sales are made. She stated
solicitation will be after 10 or 10:30 a.m. until dusk on week-
ends only.
Mayor tludson asked if anyone wished to speak in support or in
opposition to the granting of the permit. No one wished to
speak in favor or opposition.
It was moved by Councilwoman Sonju and seconded by Councilman
Lacayo to close the public hearing and approve the special permit
for Ms. Betty Wasso with the solicitation hours to be 10:00 a.m.
to 6:00 p.m. on weekends. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEN: Lacayo, MacLain,
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Sonju & Hudson
CONTINUATION OF PUBLIC HEARING RE: ADOPTION OF A PROGRAM FOR
THE EXPENDITURE OF FUNDS ALLOCATED UNDER REVENUE SHARING: Mayor
Hudson opened the public hearing and asked for the staff report.
The Planning Director presented a report dated July 6 outlining
staff's recommendations for allocation of Revenue Sharing Funds.
The staff indicated there were two possible funding sources for
acceleration of the Lincoln Avenue median improvements between
Bloomfield and Denni Street through the postponement of either
the Knott Street improvement project or Orange Avenue project.
This would allow $100,000 of Revenue Sharing funds to be retained
for Civic Center land acquisition as originally recommended by
staff. Staff briefly described the improvements involved in
the two street projects.
Mayor Hudson asked if anyone wished to speak in support or in
opposition to the expenditure of Revenue Sharing funds as rec-
ommended by staff. There was no one wishing to speak in favor
or opposition.
It was moved by Councilwoman MacLain and seconded by Council-
woman Sonju to approve funding of Lincoln Avenue median improve-
ments between Bloomfield Avenue and Denni Street from the
following sources: $20,000 from Revenue Sharing funds, $72,000
from Gas Tax funds for the Knott Street project, and $18,000
of additional Gas Tax funds. The motion unanimously carried
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City Council Minutes July 11, 1977
by the following roll call vote:
AYES: 4 COUNCILMEN: Lacayo,
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain, Sonju & Hudson
The Council hold further discussion regarding allocation of the
remainder of the Revenue Sharing funds. Councilman Lacayo
suggested that the allocation for Civic Center land acquisition
be considered after staff presents its report on the Regional
Governmental Center expansion.
It was moved by Mayor Hudson and seconded by Councilwoman MacLain
to approve the allocation of Revenue Sharing funds as follows:
$75,300 for Public Facility Capital Projects; $11,440 for Capital
Outlay-Furniture; and $S4,713 for Capital Outlay-Additions; and
to continue the public hearing to July 25 to consider the allo-
cation of $100,000 of Revenue Sharing funds for Civic Center
Land Acquisition. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEN: Lacayo,
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain, Sonju & Hudson
PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 77-2: Mayor
tludson opened the public hearing and asked for the staff report.
The Planning Director presented a report dated July 6 indicating
the amendment proposes a change in the land use classification
for a two acre parcel of land situated at the southwesterly
corner of Holder Street and Cerritos Avenue from a commercial
to a low-density, single-family residential designation. The
Planning Commission unanimously approved the amendment on June
16, 1977. He also transmitted the Commission minutes relating
to the item, the Commission's resolution recommending approval,
and the original staff report #77-21 dated June 10. He presented
slides of the subject property. The Planning Director reported
that the applicant submitted a subdivision map for nine single-
family units with a cul-de-sac street off of Holder which staff
reviewed and found acceptable.
Mayor Hudson asked if the applicant wished to speak.
Mr. Jim Christensen, representing the Warmington Company, 3822
Campus Drive, Newport Beach, stated the property is surrounded
by single-family residential development and redesignation would
bring it into conformance. He stated the property is small and
unsuitable for commercial use and furthermore commercial use
would aggravate traffic on Cerritos. He stated the Planning
Commission's concern was whether the property could be developed
residentially and their subdivision map shows a residential
project could be developed in accordance with City standards.
Mr. Leo Baroldi, 233 Reposado, La Habra Heights, the property
owner, reported that during the past seven years, six companies
have rejected the property for commercial use including 7-Eleven
Stores. He noted that the primary intersection of Knott and
Cerritos has had difficulty in getting commercial tenants. He
stated the property is surrounded by single-family residential
development, and the plans proposed by Warmington would upgrade
the area.
Mr. Jim Duncan, 9787 Rome Street, Cypress, stated he is highly
in favor of the proposed homes and felt they would improve the
appearance of the area. He stated the property has been a
nuisance with weeds.
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City Council Minutes
July 11, 1977
Mayor Hudson asked if anyone wished to speak in opposition.
No one wished to speak in opposition.
It was moved by Councilwoman MacLain and seconded by Council-
woman Sonju to close the public hearing and adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 1873
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING GENERAL PLAN AMENDMENT
NO. 77-2.
Councilman Lacayo stated he could not support the development
at this time and felt the property did not lend itself to sub-
division. He felt Holder Street will be a direct route when
the Arlan property is developed. The Planning Director stated
that, although the lots as shown on the subdivision map will be
slightly substandard in depth, the lots contain adequate area
for the zone and staff anticipates no design problems.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju
NOES: 1 COUNCILMEN: Lacayo
ABSENT: 0 COUNCILMEN: None
Hudson
CONSIDERATION OF TOT LOT IN CYPRESS VILLAGE TRACT NO. 8126:
Councilwoman Sonju reported that she was approached by a member
of the Homeowners' Association with an offer to donate tot lot
play equipment to the Cypress Recreation and Park District in
exchange for the District excavating the tot lot and replacing
the dirt with sand. She reported that only one tot lot serves
about 400 homes in the tract.
The Public Works Director stated the Association requested him
to excavate the area and he advised them he could not authorize
City forces to perform work on private property without Council
approval. He stated he did not know the scope or cost of the
work. The Recreation and Park Director stated the offer was
made to him about a year ago and that the department did not
have the manpower or equipment to do the excavation.
Mayor Hudson stated he opposed the City's involvement in improving
private property unless there was a concern for public safety.
Councilwoman MacLain agreed. Councilman Lacayo felt it was a
simple problem for the staff to handle and indicated he would
support an expenditure if it was about $50. He noted this is
one of the few areas provided for children's recreation. He
suggested getting a cost estimate for the next meeting. Council-
woman MacLain stated she would support getting a rough cost
estimate but did not know if she would support improvements on
private property. Discussion was held with the City Attorney
regarding the legality of expending funds for this purpose.
It was moved by Councilwoman Sonju
Lacayo to direct the staff to make
the excavation work as requested.
following roll call vote:
and seconded by Councilman
a rough cost estimate for
The motion carried by the
AYES: 3 COUNCILMEN: Lacayo,
NOES: 1 COUNCILMEN: Hudson
ABSENT: 0 COUNCILMEN: None
MacLain & Sonju
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City Council Minutes July 11, 1977
Councilwoman Sonju requested a report for the next meeting on
the programs and priorities the Administrative Coordinating
Team is considering for next year. The Planning Director stated
the staff will prepare the report for the next meeting.
The Planning Director reported that the Civic Center Corporation
Committee would hold its annual meeting of July 13 and that
there is a vacancy on the five member board. Councilwoman Sonju
suggested appointing Mrs. Hiroko Morio. The Planning Director
stated be would present this recommendation to the Board.
In regard to the Council's action at the last meeting approving
the lighting for the tennis courts at the two junior high schools,
Councilwomen Sonju and MacLain volunteered to serve on a com-
mittee to meet with the school board to resolve the matter
regarding upgrading and lighting of the courts.
The Council agreed to schedule the August 13 meeting with the
Recreation and Park and Arts and Cultural Commissions for 10:00
a.m. The Council also agreed to schedule the next regular
meeting for 5:00 p.m. in order to tour the Nature Park.
In regard to the annual League of California Cities conference
to be held in San Francisco September 25 through 28, Mayor Hudson
moved to authorize the attendance of the chairmen of the Planning
Commission and Recreation and Park Commission at the conference.
He then amended the motion to authorize the City Council and
department heads to depart on Saturday, September 24,and the
two chairmen to depart on Sunday, the 25th, and that staff make
reservations.
Following further discussion, it was moved by Councilwoman MacLain,
seconded by Councilman Lacayo and unanimously carried to auth-
orize the City Council and department heads to depart on Saturday,
September 24, and to authorize the attendance by the entire
Planning Commission and Recreation and Park Commission chairman
at the conference with their departure to be Monday, September 26.
ADJOURNMENT:
It was moved by Councilwoman Sonju, seconded by Councilman Lacayo
and unanimously carried to adjourn the meeting at 10:10 p.m. to
July 25 at 5:00 p.m. for the purpose of conducting a tour of
the Nature Park.
MAYOR oF Tg/~ITY OF 'CYPRESS
ATTEST:
CIT? CLERK'~0F THE ~CITY OF CYPRESS
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