Minutes 77-11-28MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
November 28, 1977
The regular meeting of the Cypress City Council was called to
order at 6:40 p.m. on Monday, November 28, 1977 in the Cypress City
Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor
Donald Hudson presiding.
PRESENT: Councilmen
Hudson
ABSENT: None
Evans, Lacayo, MacLain, Sonju and
Also present were Darrell Essex, City Manager/City Clerk, Elizabeth
Strauss, Deputy City Attorney, and the following City staff members:
Bryant, Davenport, Hawley, Powell, Schatzeder and Shumard.
PLEDCE OF ALLEGIANCE: Captain Shumard led the pledge to the flag.
MINUTES:
It was moved by Councilwoman MacLain, seconded by Councilwoman
Sonju and carried, with Councilman Lacayo abstaining, to approve
the November 15 minutes.
It was moved by Mayor Hudson, seconded by Councilwoman Sonju and
carried, with Councilwomen Evans and MacLain abstaining, to approve
the November 14 minutes.
CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF A FRONT RUNNER
POWER MOWER: The City Manager presented a report from the Public
Works Director dated November 22 which outlined three bids received.
it was moved by Councilwoman MacLain and seconded by Councilman
Lacayo to approve the award of contract to West Point Industries,
Inc., 1320 W. 16th Street, Long Beach, California, for one Toro
Front Runner Mower Model #30802. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEN: Evans, Lacayo,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain, Sonju &
STAFF REPORTS & DISCUSSION: The City Manager requested an Execu-
tive Session to discuss personnel matters. He asked if the Council
wished to hold a meeting to discuss the Chamber of Commerce budget
and programs prior to considering renewal of their contract at the
December 27 meeting. He also inquired if the Council wished to
hold the December 27 meeting. The Council agreed to meet with the
Chamber Board of Directors on December 12 at 5:30 p.m. and to
decide on the December 27 meeting at the December 12 meeting.
Councilman Lacayo reported on a letter received from Mrs. Stock
regarding the recent fair at the race track which identified
problems relating to the fair. The problems involved the opening
time of rides and exhibits, grounds maintenance, security, and
dress of the ride operators. Councilman Lacayo recommended
that the carnival ordinance be reviewed in order to enact stricter
controls.
It was moved by Councilman Lacayo, seconded by Councilwoman MacLain
and unanimously carried to add the item to the agenda as #19a and
request a review of the ordinance and a staff report.
City Council Minutes November 28, 1977
Hearing no objections, Mayor Hudson added Item #19b to the Consent
Calendar regarding a League appointment to the A.H.F.Po Technical
Advisory Committee which will be considered at the December League
meeting. He also added Item #28 regarding a SCAG draft Land Use
Element, and Item #29 regarding a ballot measure pertaining to a
limitation on campaign contributions.
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 regarding each item. Councilwoman Evans requested
that Item #3 be removed from the Consent Calendar.
It was moved by Councilwoman MacLain and seconded by Councilman
Lacayo to approve Items #2 through #19b with tbe exception of Item
#3. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Evans, Lacayo, MacLain,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Sonju &
Item #2: Consideration of a Request for Leave of Absence Without
Pay for Park Maintenance Worker.
Recommendation: That the City Council grant this leave of absence
without pay for a six month period of time, commencing November 3,
1977 and concluding May 3, 1978, for Paul Farmer.
Item #4: Consideration of Annual Arterial Highway Financing Program.
Recommendation: That the City Council adopt the following Resolu-
tions by title only, titles as follows:
RESOLUTION NO. 1923
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO
INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING
PROGRAM THE DEVELOPMENT OF VALLEY VIEW STREET
FROM STANTON CHANNEL TO KATELLA AVENUE.
RESOLUTION NO. 1924
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO
INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING
PROGRAM THE DEVELOPMENT OF KATELLA AVENUE FROM
WALKER STREET TO 650 FEET WEST OF VALLEY VIEW
STREET.
Item #5: Consideration of Sewer Overflow in the Area South of
Orangewood and West of Valley View.
Recommendation: Receive and file.
Item #6: Consideration of Odors from the Orange County Sanitation
District Sewer in the 0rangewood/Valley View Area.
Recommendation: Receive and file.
Item #7: Consideration of Implementation of No Parking on Street
Sweeping Days.
Recommendation: That the City Council instruct staff to provide
a comprehensive report on implementation of a "No Parking" prohibi-
tion on street sweeping days at the Council meeting of January 23,
1978.
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City Council Minutes
November 28, 1977
Item #8: Consideration of Report on Rough Pavement Conditions on
Lincoln Avenue.
Recommendation: Receive and file.
Item #9: Consideration of Condition of Plants next to Bike Trail
on Valley View Street.
Recommendation: Receive and file.
Item #10: Consideration of Initiation of Public Nuisance Pro-
ceedings at 5242 Lincoln Avenue in the City of Cypress.
Recommendation: That the City Council adopt the following Resolu-
tion by title only, title as follows, regarding premises described
as AP #244-461-01 and set a public hearing at 8:00 p.m. on December
12, 1977, to consider the matter:
RESOLUTION NO. 1925
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN
THE CITY MAY BE MAINTAINED IN SUCH A WAY AS TO
CONSTITUTE A NUISANCE AND DECLARING ITS INTENT
TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER
THE SAME CONSTITUTES A PUBLIC NUISANCE, THE
ABATEMENT OF WHICH IS APPROPRIATE UNDER THE
PROVISIONS OF ARTICLE III OF CHAPTER 13 OF THE
CYPRESS CITY CODE.
Item #11: Consideration of Annexation No. 77-1.
Mayor Hudson stated for the record that the City Council received
a petition from County territory residents protesting the proposed
annexation of the northwesterly corner of Lincoln Avenue and Sumner
Street.
Recommendation: That the City Council authorize the staff to
initiate the annexation of the property located at 4761 Lincoln
Avenue, waive the requirement for notice of public hearing, and
further initiate the pre-annexation zoning of the subject property
to CH-iO,O00 Commercial Heavy Zone.
Item #12:
Signs.
Consideration of Report on Policy on Election Campaign
Recommendation: That the City Council continue consideration of
this matter to the meeting of December 12, 1977.
Item #13: Consideration of Election Resolutions.
Recommendation: That the City Council adopt the following Resolu-
tions by title only, titles as follows, regarding the General Muni-
cipal Election to be held on March 7, 1978:
RESOLUTION NO. 1926
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY,
THE 7TH DAY OF MARCH, 1978, FOR THE ELECTION
OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED
BY THE PROVISIONS OF THE CHARTER OF THE CITY
OF CYPRESS AND FOR THE SUBMISSION TO THE
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City Council Minutes
November 28, 1977
QUALIFIED ELECTORS OF SAID CITY OF A CERTAIN
MEASURE RELATING TO CAMPAIGN CONTRIBUTIONS
LIMITATION.
RESOLUTION NO. 1927
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR
OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED
SERVICES TO THE CITY OF CYPRESS, RELATING TO
THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO
BE HELD IN SAID CITY ON MARCH 7, 1978.
Item #14: Consideration of Audit Proposal for EDA Project and
Correction of Original Appropriation.
Recommendation: That the City Council: (1) approve the audit
proposal submitted by Jamieson and Watkins, Certified Public
Accountants, subject to approval by EDA, and (2) appropriate
$3,317.00 from the fund balance of the General Fund to Account
#10-4186~9324.
Item #15: Consideration of Claim Submitted by Jack L. McBrayer,
Jr., 1212 Park Western Drive #1, San Pedro, California.
Recommendation: That the City Council officially deny
claim and refer the claim to the City's Claim Adjuster,
Warren and Company, for appropriate disposition.
the subject
Carl
Item #16: Consideration of a Request for Waiver of Fees for the
Cypress High School Athletic Booster Club's Christmas Tree Lot.
Recommendation: That the City Council grant the request and waive
all required fees for the Cypress High School Athletic Booster
Club's Christmas Tree Lot, with the condition that the no-fee
building and electrical permits be obtained so that a safety in-
spection can be conducted.
Item #17: Consideration of Employment List - Dispatcher.
Recommendation: That the City Council certify the employment list
as submitted for the position of'Dispatcher.
Item #18: Consideration of Application for Alcoholic Beverage
License for Straw Hat Pizza, 4191 Ball Road, Cypress.
Recommendation: Receive and file.
Item #19: Consideration of Safer Off-System Roads Program.
Recom~endation: That the City Council recommend that the SOS
funds be distributed on the basis of population percentages.
Item #19a: Consideration of Letter Concerning Problems with Fall
Fair Held at Los Alamitos Race Course.
Recommendation: That the staff be directed to review the Carnival
Ordinance and present a report to the City Council regarding
stricter controls.
Item #19b: Consideration of League Appointment to A.H.F.P.
Technical Advisory Committee.
Recommendation: That the Public Works Director be directed to
review the candidates for appointment and make a recommendation to
Councilwoman MacLain who is to vote on behalf of the City Council.
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City Council Minutes
November 28, 1977
In regard to Item #3, Consideration of Housing and Community
Development Act - Fourth Year Program, it was moved by Council-
woman Evans, seconded by Councilwoman Sonju and unanimously carried
to adopt the following Resolution by title only, title as follows,
authorizing the City's participation in the Housing and Community
Development Act program of 1977 in a non-active status, and send
a communication to the Orange County Board of Supervisors and
County Environmental Management Agency strongly recommending that
the funds be used for improvement of County islands adjoining
Cypress, identifying the areas of concern, and urging that the
County staff work with the City staff in this matter:
RESOLUTION NO. 1928
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ADOPTING A COOPERATION AGREEMENT
BETWEEN THE CITY OF CYPRESS AND THE COUNTY OF
ORANCE REGARDING THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1977.
ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to speak
~n regard to any matter which was not on the agenda. No one wished
to speak.
Councilwoman Evans expressed concern over the recent Federal
acqnisition of certain property within the City and inquired about
the d~sposition of the property. The Planning Director identified
the property as being on the south side of Lincoln, east of Valley
View Street and the site of a mini-warehouse project. The Council
agreed to direct staff to investigate the matter and prepare a report.
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 #47201 through #47453 in the
total amount of $336,134.22. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEN: Evans, Lacayo,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain, Sonju &
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL
WARRANT LISTS: It was moved by Councilman Lacayo and seconded by
Councilwoman Sonju to approve the District Warrant List for Warrants
#7325 through #7391 in the total amount of $43,506.80. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Evans, Lacayo,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain, Sonju &
In regard to Item #28, Mayor Hudson stated the Orange County League
was requesting cities~ input for the December meeting regarding SCAG's
draft Land Use Element. He stated his concerns were that SCAG was
formulating an urban strategy and using its control over funding
from various Federal programs to seek compliance from member agencies
in its programs including zoning, urban renewal and community
development, and over SCAG's intent to file a negative declaration
on the EIR. He suggested that the Council go on record opposing
the land use policy and the intent to file the negative declaration.
It was moved by Mayor Hudson and seconded by Councilwoman MacLain
that staff direct a letter to SCAG transmitting this position and
that a letter be sent to the other cities in the County asking
that they support the position.
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City Council Minutes
November 28, 1977
Councilwoman MacLain also suggested the adoption of a resolution
suggesting that all Orange County cities withdraw from SCAG.
Mayor Uudson moved to adopt a resolution objecting to SCAG's
filing of a negative declaration on the EIR, objecting to SCAG
establishing itself as a new government agency, stating the City's
withdrawal from SCAG, and recommending that the other cities with-
draw from SCAG.
Councilwoman Sonju felt withdrawal may not be meaningful and
felt the problem should be approached at a higher level since
SCAG is funded by the Federal government.
The Deputy City Attorney suggested that the Council first transmit
its comments to SCAG regarding their intent to file the negative
declaration.
Councilwoman Sonju suggested a League committee to study the matter
and recommend a course of action. Councilwoman Evans stated she
supported the recommendation of the other Council members and asked
for the documentation on this matter.
~Fhe Council agreed to direct staff to transmit to SCAG its comments
obiecting to the intention of filing a negative declaration.
In regard to Item #29 concerning a limitation on campaign contri-
butions, the attorney advised that the Council could adopt an
ordinance establishing the limitation and also place the matter
as a ballot measure in March.
Councilwoman Sonju stated she did not object to an ordinance and
ballot measure and she felt the entire Council supported a limita-
t ~<~n but she asked to review San Juan Capistrano~s ordinance and
other ordinance features which could be incorporated in Cypress'
ordinance. Councilman Lacayo suggested that the limitation be set
at $]00 and felt the amount could be increased as the population
increases, or the amount could be based on the number of registered
voter~. He supported a limitation of contributions by special
iaterest groups to candidates. Councilwoman Evans stated her con-
cern was that the ordinance may not accomplish what the Council
expects since a candidate may give himself contributions. Council-
w~man MacLain indicated she had further information to provide the
Council and this item was continued until later.
RECESS: Mayor Hudson called a recess at 8:00 p.m. The meeting
was called back to order at 8:15 p.m. with all Councilmen present.
The CJty Manager requested that public hearings #24 and #25 on
agenda be considered at the same time since both pertain to the
Cypress Village development.
the
PUBLIC HEARING RE: MODIFICATION NO. 2 TO CONDITIONAL USE PERMIT
NO. C-267:
PUBLIC HEARING RE: THE VACATION OF CAPERS WAY AND BRETON WAY AND
PORTIONS OF THE CUL-DE-SAC AREA WITHIN THE PATIO HOME PORTION OF
THE CYPRESS VILLAGE COMPLEX: Mayor Hudson opened both public
hearings and asked for the staff report.
The'Planning Director identified the Cypress Village townhome/
patio home project and Capers and Breton Way on slides. He sum-
marized Staff Report #77-41 dated October 28 which indicated the
use permit for the project included a condition that required the
establishment of a recreational vehicle storage area along the
north property line. Breton Way and Capers Way, which have 36
feet of right-of-way, included an extra 11 feet for RV storage.
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City Council Minutes
November 28, 1977
The Planning Director recommended a modification to the use permit
to eliminate the condition requiring an RV storage area because
the present area was poorly designed and lacks the customary ser-
vices and facilities for RV storage. He reported the Planning Com-
mission on November 3 recommended approval of the modification and
also recommended that the portions of Capers and Breton Way not
be vacated. He transmitted to the Council Staff Report #77-41,
a report from the Public Works Director analyzing pros and cons
of vacation, and a resolution adopted by the Planning Commission
recommending approval of the modification. He also distributed
information received since the Commission meeting that included
a petition with several hundred signatures of Cypress Village home-
owners urging the Council to modify the use permit to eliminate
the storage area and 26 letters in opposition to retention of the
RV storage area.
The Deputy City Attorney stated the Council's action would have
no affect on the property owners' legal action with the developer
with regard to any alleged sales misrepresentation.
Mayor Hudson asked if anyone wished to speak in support of vaca-
tion of the portions of Capers Way and Breton Way.
Mr. Larry Fagan, Vice President of Shapell, stated the developer
never intended to dedicate the property to the City and the City
never intended to receive it. He urged the Council to vacate the
property so that a corrected map could be filed.
Mr. Herb Rockoff, 6629 Fichot Way, Cypress, stated the salesmen
told various things to buyers. He stated he opposed RV parking
on any portion of Capers Way.
blt. Ricq~ard Partin, Planning Commissioner, stated Mr. Fagan re-
ferred to RV parking and should clarify whether he meant RV storage.
Mayor Hudson asked if anyone wished to speak in favor of RV storage.
Mr. M. K. Thompson, 6653 Brewster Court, Cypress, urged that the
Council not modify the use permit but allow the Homeowners' Asso-
clarion to resolve the problem. He felt the only problem with the
designated RV storage area since its approval in 1972 has been the
fact that the portions remain City streets, and other problems
since mentioned are based on supposition. He asked why development
standards were not applied in 1972 when the RV area was approved
and he stated he visited other RV storage yards in the City
and tew had the necessary facilities for RV storage. He asked for
substantiating facts for comments in the staff report which indi-
~ated property values would be lowered and RV storage may contri-
bute t~ vandalism or other undesirable activities. He felt the
Council's consideration of the matter resulted from pressure group
interest which was subverting the CC&R's which allow 75% of the
homeowners to change the CC&R's and amenities in the project.
Mayor Hudson asked if anyone wished to speak in opposition to RV
storage and in favor of modifying the use permit.
Mr. Kim Turett, 6898 Breton Way, Cypress, submitted a petition
signed by 550 homeowners, excluding renters, which requested that
Breton and Capers Way be retained as City streets.
Mrs. Marie Wek, 6630 Capers Way, Cypress, read a letter from the
Homeowners' Association Board of Directors dated November 23 indi-
cating the Board is taking a neutral position regarding the subject
of RV storage in keeping with counsel given by their attorney.
She also read from the May 1976 Association newsletter to indicate
that RV storage was rejected by the membership.
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City Councll Minutes
November 28, 1977
The following persons spoke in favor of modification of the use
permit:
Mr. Ralph Bredding, 11260 Fichot Way, Cypress
Mr. Herb Rockoff, 6629 Fichot Way, Cypress
Mr. Brett Couchera, 11258 Fichot Way, Cypress
Mrs. Richard Steele, 11256 Fichot Way, Cypress
Mr. Mark Hydendall, 8184 Carob Street, Cypress
Mr. Joe Boiley, 6822 Breton Way, Cypress
Mr. M. K. Thompson stated that although homeowners may not have
read the CC&Rs they signed a statement indicating the CC&Rs were
read. In regard to the meeting at which homeowners rejected RV
storage, he stated 75% of the homeowners are not required to be
at Association meetings.
Councilwoman Sonju stated for the record that she received five
letters opposing vacation of Breton and Capers Way and RV storage
there, and 15 telephone calls in opposition.
It was moved by Councilwoman MacLain and seconded by Councilman
Lacayo to adopt the following Resolution by title only, title as
follows:
RESOLUTION NO. 1929
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING MODIFICATION NO. 2 TO
CONDITIONAL USE PERMIT NO. C-267.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Evans, Lacayo,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain, Sonju &
Mayor Hudson announced that the public testimony heard thus far
regarding modification to the use permit would be considered in
conjunction with the public hearing regarding vacation of portions
of Capers Way and Breton Way. He asked if there was any opposition
to this procedure from members of the audience. No one expressed
opposition.
Mayor Hudson asked if there were any further speakers.
Mr. Herb Rockoff asked for a clarification of the dimensions of
the areas under consideration.
Mr. Joe Boiley stated the only use the Homeowners' Association
would have for the property if it is vacated would be RV storage.
It was moved by Councilwoman Evans and seconded by Councilwoman
MacLain to concur with the findings of the Planning Commission and
determine not to vacate the portions of Capers Way and Breton Way.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Evans, Lacayo,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain, Sonju &
In regard to the public hearing regarding vacation of portions
of the cul-de-sac areas within the patio home portion of the
Cypress Village complex, the Planning Director presented a report
dated November 1 from the Public Works Director indicating that
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City Council Minutes
November 28, 1977
the Homeowners' Association adopted a resolution which was trans-
mitted to S & S Development requesting that they acquire for the
Association the guest parking stalls in the courts of Tract #8126.
The st~ff report analyzed the costs to the Association and pros
and cons of the proposed vacation. The Public Works Director
presented slides showing the court areas. The Planning Director
reported that the Planning Commission on November 3 determined
that vacation of the court parking stalls would not be in conflict
with the General Plan and adopted a resolution recommending the
vacation of the areas.
Councilman Lacayo asked how much additional assessment to properties
would be created by vacation and stated vacation would mean addi-
tional property taxes. The City Manager indicated the county
assessor would have to determine the value of the property to be
vacated and staff did not have these figures.
Mayor Hudson opened the hearing and asked for those in favor of
vacation of the court areas.
Mrs. Taylor, 11348 Cuttyhunk, Cypress, stated she favored the
court areas reserved for guest parking and she felt most residents
wou]d be willing to pay the cost of posting guest only signs. She
stated it is possible for one family to monopolize all five spaces.
Mr. Verne Gaede, 6652 Brewster Court, Cypress, submitted a petition
with 80 signatures requesting vacation of the courts. He stated
prnperty taxes are definitely an issue and he recommended that
the hearing be continued for the Council to obtain the tax data.
Mr. R. H. Stains, 11376 Mattnicus Court, Cypress, stated he would
like the courts reserved for guest parking. He reported on his
~ar~ i~'~]ar street there are 22 homes and only three guest spaces.
Mr. M. K. Thompson, 6653 Brewster Court, stated he agreed with the
previous speakers. He requested that Councilwoman Sonju read the
letter she mailed to Cypress Village residents.
Councilwoman Sonju read her letter and reported she received
eight letters and 64 telephone calls opposing vacation and eight
calls supporting vacation from both patio home and townhome owners.
Mr. Thompson stated he took exception to the letter with regard
to sweepi~g costs. He felt the letter gave the impression that
great costs will be involved and that homeowners should know the
actua~ costs. He felt the courts will not be swept because a
sweeper is too large to fit in the court spaces.
Mr. Gary Wagaman, 11370 Harkers Court, Cypress, felt the Council's
decision should be based on data and not on hearsay evidence or
opinion and he recommended that the Council delay action until
they have the facts to make a logical decision.
Councilwoman MacLain moved to close the public hearing regarding
Modification #2 to C.U.P. #C-267 and vacation of Capers Way and
Breton Way and continue the public hearing regarding vacation of
the court parking areas, renotify the homeowners of the hearing,
and that staff obtain the cost information relating to vacation.
Mr. Stewart Sunderland, 11373 Nayshon Court, Cypress, felt vaca-
tion would not necessarily solve the problem of guest parking abuse.
He felt the patio homeowners would be dually taxed for the town-
home and patio home parking maintenance. He felt costs would be
greater for the Homeowners' Association since it is not a large
volume buyer like the City.
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City Council Minutes
November 28, 1977
Mr. Rockoff stated he opposed being assessed additional taxes and
he asked if a City ordinance could limit parking during specified
hours.
Mr. A] Lavers, 11359 Matinicus Court, Cypress, stated vacation
of the courts will be an inconvenience to homeowners who will
have to pay and will not get the benefit of the parking. He
stated the question of vacation arose at the 1976 annual Associa-
tion meeting and vacation was defeated.
Mr. Verne Gaede stated there is a provision in the CC&R's whereby
the developer has until March, 1978 to acquire additional land
without a vote of the residents.
Councilwoman Sonju felt the Association membership should vote
on the issue and the Council's action should be based on the
majority's wishes. Councilwoman Sonju moved to overturn the
action of the Planning Commission not to vacate the courts until
the Homeowners' Association majority requests vacation, and that
staff investigate particular problems on several of the courts
and determine if there are other solutions to the problem. The
motion was not seconded.
Mrs. Taylor stated the homeowner's assessment is equal for town-
home and patio home owners so patio homeowners are already paying
maintenance costs for townhome areas. She stated another cost
that should be considered is for liability insurance.
It was moved by Councilwoman MacLain and seconded by Councilwoman
Evans to close the public hearing regarding Modification #2 to
Conditional Use Permit #C-267 and vacation of Capers Way and Breton
Wa; , ; ontinue the public hearing regarding vacation of the courts
to January 9, 1978, and direct staff to investigate the taxes and
other costs relating to vacation and address the pros and cons
of vacation and present this information to the homeowners. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Evans, Lacayo,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain, Sonju &
RECESS: Mayor Hudson called a recess at 10:42 p.m. The meeting
was called back to order at 10:51 p.m. with all Council members
present.
' "]!'?NI AFION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT,
'~i,'~, /!~ARLt!S M. CARROLL, DBA CHECK-R-STEAKS, 5481 Marcelia, Cypress:
~ ~ ,~ - ds , opeued the public hearing and asked for the staff report.
Hudson asked [f the applicant wished to speak.
]-> {art ,I l, 548] Marcel ]a~ Cyprus. ss, tared the card issued
~nd h~ pr'~ sented it: t ~ the (7 ~uilc ~ I . li~ ~tat ed his company
that t ~e solicita~ion hours ~e 9 a.m. through the daylight
q~ , Ca~ rol! r, ported he sells ~hree ~vpes of steak, lobster,
other types of fish and it is kept ft-,)zen in his refrigerated
356
City C~,uncil Minutes
November 28, 1977
Councilwoman Evans stated for the record that she was in the audience
and heard the testimony at the November 14 hearing on this matter.
She qu~-stioned the applicant regarding the meat prices, type of
advertising, method of solicitation and compliance with Health
Department regulations.
Mayor Hudson asked if anyone wished to speak in support or in oppo-
sition to the granting of the permit. No one wished to speak.
it was moved by Councilwoman Sonju and seconded by Councilwoman
Machain to close the public hearing and approve the special permit
for Mr. Charles M. Carroll with the hours of solicitation to be
9 a.m. to 6 p.m. Monday through Saturday. The motion unanimously
~art [ed hy the following roll call vote:
,~YES: 5 COUNCILMEN: Evans,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, MacLain,
Sonju &
PUBLIC HEARING RE: PUBLIC NUISANCE AT AP #244-501-19, 20 AND 21
LOCATED AT 5601 AND 5611 NELSON STREET: Mayor Hudson opened the
public hearing and asked for the staff report.
Fhe City Manager transmitted a report from the
dated November 22 indicating the property owner
nuisance abatement work on the properties.
Public Works Director
was proceeding with
q'he Public Works Director reported the property owner has removed
the buildings from the property and other materials and the property
~o longer constitutes a public nuisance.
asked if anyone wished to speak.
~lr. Fernando Casillas, the property owner, stated he was not in-
!~r~:,d of the problem by his builder and if he had been aware he
would ~ave taken care of the problem earlier.
!t was moved by Councilwoman Sonju and seconded by Councilwoman
Ma~l,al ~ to close the public hearfng and find that the premises at
~6(11 a ~d 5611 Nelson Street do not constitute a public nuisance.
i'h~. motion unanimously carried by the following roll call vote:
\YES: 5 COUNCILMEN: Evans,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, MacLain, Sonju &
PUBLIC HEARING RE: CITY OF CYPRESS LIGHTING DISTRICT NO. 2 (1979):
Mayor Hudson opened the publfc hearing and asked for the staff report.
The City Manager presented a report from the Public Works Director
dated November 17 which transmitted two resolutions: one confirming
the report of the Public Works Director dated October 19, 1977,
approving the proposed assessment for Lighting District #2 and
ordering the installation and maintenance of electric current. The
second resolution appoints the Edison Company as the contractor
without bid as the 0nly contractor capable of furnishing electric
current for the street lighting system.
Mayor Hudson asked if anyone wished to speak in support or in
opposition. There was no one wishing to speak.
It was moved by Councilman Lacayo and seconded by
Sonju to adopt the following Resolutions by title
as follows:
Councilwoman
only~ titles
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City Council Minutes
November 28, 1977
RESOLUTION NO. 1930
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIF-
ORNIA, CONFIRMING THE REPORT OF THE CITY
ENGINEER OF SAID CITY, DATED OCTOBER 19, 1977,
PREPARED PURSUANT TO RESOLUTION NO. 1901 OF SAID
COUNCIL AND REFERRED TO IN RESOLUTION NO. 1912
OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS,
ESTIMATE AND ASSESSMENTS CONTAINED IN SAID REPORT:
ORDERING THE INSTALLATION OF THE STREET LIGHTING
SYSTEM OF THE CYPRESS NO. 2 LIGHTING DISTRICT:
TOGETHER WITH ANNEXATION NO. 18 ORDERING THE
MAINTENANCE OF AND THE FURNISHING OF ELECTRIC
CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM
REFERRED TO IN RESOLUTION OF INTENTION NO. 1914
AND RESOLUTION APPOINTING THE TIME AND PLACE FOR
HEARING NO. 1915 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. 1931
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIF-
ORNIA, 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 IN-
STALLED BY RESOLUTION NO. 1930 OF SAID COUNCIL,
ALL IN ACCORD WITH AND PURSUANT TO THE PROVI-
SIONS OF DIVISION 14, PART 1, STREETS AND
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
AYES: 5 COUNCILMEN: Evans,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, MacLain,
vote:
Sonju &
PUBLIC HEARING RE: URGENCY ORDINANCE NO. 602 ESTABLISHING A MORA-
TORIUM IN THE WALKER STREET AREA: Mayor Hudson opened the public
hearing and asked for the staff report.
The Planning Director presented a report dated November 18 indi-
cating that the urgency ordinance which established a building
moratorium within the Walker Street Zoning Study area expires on
December 8. Staff recommended that the Council adopt a similar
ordinance extending the moratorium to allow completion of rezoning
of the area and to prevent the establishment of uses incompatible
with the recent General Plan amendment for the area.
Mayor Hudson asked if anyone wished to speak in favor or in oppo-
sition to the ordinance. No one wished to speak,
It was moved by Councilwoman MacLain and seconded by Councilman
Lacayo to close the public hearing, order the following Ordinance
read by title only, title as follows, and adopt the Ordinance:
ORDINANCE NO. 607
AN URGENCY ORDINANCE OF THE CITY COUNCIL
THE CITY OF CYPRESS EXTENDING URGENCY ORDINANCE
NO. 602, AS AMENDED AND CLARIFIED IN URGENCY
ORDINANCE NO. 605, AND DIRECTING THE DIRECTOR
OF PUBLIC WORKS TO REFRAIN FROM THE ISSUANCE
OF BUILDING PERMITS IN THE AREA KNOWN AS THE
"WALKER STREET STUDY AREA" UNTIL FINAL DETER-
MINATION ON THE LAND USE FOR THAT AREA MAY BE MADE.
3s'g
City Council Minutes November 28, 1977
The motion unanimously carried by the following roll call vote:
~YES: 5 COUNCILMEN: Evans,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, MacLafn, Sonju &
The Council welcomed past City Councilman Henry Roberts.
The Council continued discussion of Item #29 regarding the campaign
contribution limitation. Councilman Lacayo stated he favored a $100
limitation and recommended that the Council adopt an ordinance and
place the measure on the March ballot.
it was moved by Councilman Lacayo and seconded
to order the following Ordinance read by title
and adopt the Ordinance:
by Councilwoman MacLain
only, title as follows,
ORDINANCE NO. 608
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS PLACING A LIMITATION ON THE MAXI-
MUM AMOUNT OF CAMPAIGN CONTRIBUTIONS IN ANY SINGLE
MUNICIPAL ELECTION.
The Eouncil reviewed the sample ordinance of the City of San Juan
Capistrano and the Deputy City Attorney recommended changes to that
ordinance to be ~ncorporated in Cypress' ordinance. She recommended
that the measure be an amendment to the City Code, not the Charter;
she recommended adding to Sections 2A and B that the limitation
apply: "during the calendar year prior to or subsequent to the year
I~ wb~b the election is held", and changing the amount in Sections
A ~nd B from $200 to $100. She recommended the deletion of Secti~n
~!) -on<'erning anonymous contributions since they are limited to $50
!~y Proposition 9. She recommended an additional section stating
tha~ tt~e ordinance is supplementary to and not intended to be in
~ onf ]Jct with the Political Reform Act, and she recommended the
deletI~n of the words "firm or corporatione in Section 3 since
person is previously defined to include these terms.
Councl iwoman Evans objected to adoption of the ordinance since slue
ielt 1~ was pre-empting the citizens' vote in March. She felt more
Council consideration was necessary and she asked for public input
on tbe ordinance. She stated one concern is that the ordinance will
not l~mit excessive candidate expenditures, and she asked if the
ordinance will apply to the three Council members who are up for re-
election in March. She stated it is possible that they may have
already collected contributfons in excess of $100 for the upcoming
election. She felt this type of ordinance tends to perpetuate
incumbents who will have the advantage.
The Deputy City Attorney stated the ordinance would not apply
campaign contributions made prior to the effective date of the
to
Councilman Lacayo stated for the record that he has no funds col-
lected for the upcoming election except the savings from his Council
salary. ~e stated such accounts are governed by the fair campaign
practices law whtch this ordinance would not pre-empt.
Councilwoman Evans felt that in order to be fair the ordinance
should address campaign expenditures. The Attorney suggested that
the focus of the ordinance be on contributions and not on expendi-
tures because of the illegality of limiting campaign expenditures.
She recommended the deletion of Section 2D which refers to an
aggregate contribution.
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City Council Minutes November 28, 1977
Councilwoman Evans stated the Council may have other questions re-
garding the ordinance and she recommended that it not be adopted at
this time. Mayor Hudson stated his intent in proposing such an
ordinance was based on past Council discussions and was to provide
a device that would allow any member of the community to participate
in an election with a reasonable limit on contributions. Council-
woman Sonju stated she had no objections to the ordinance or placing
the matter on the ballot. She suggested that the Council review
other ordinances for features which may be included in Cypress'
ordinance and consider the matter at the next meeting.
The Deputy City Attorney reviewed the proposed changes to the ord-
inance. She further recommended adding Section 5, the emergency
clause, and suggested adding a new section to state that "nothing
in this ordinance shall be interpreted to prohibit the candidate
from contributing to his own election by way of gifts, subscriptions,
loans, etc., in excess of $100".
Mr. John Kennedy, 10002 Saint Vincent Circle, Cypress, asked if the
ordinance would allow one candidate to loan funds to another candi-
date. The Attorney stated the ordinance would not allow such con-
tributions in excess of $100.
Mr. Jim Corey, 5224 Sequoia, Cypress, expressed concern that the
Council and public have not seen the complete language of the proposed
ordinance and that there has been no public debate. He felt the
ordinance severely limits the right of persons to seek office. He
stated the ordinance will affect the March election and that it was
circumventing the right of candidates for that election to provide
input.
Mayor Hudson noted that it was past the 11:30 p.m. adjournment time.
Hearing no objections, he continued the meeting.
Mr. Henry Roberts discussed a situation where he felt a person who
solicits contributions from two other persons which total exceeds
$100 would unknowingly be guilty of violating the ordinance. The
Attorney indicated that the $100 limitation is based on a total
contribution by an individual.
Councilwoman Evans stated she favors placing the measure on the
ballot but not enacting an ordinance that will not apply to Council
members who may have collected contributions which will not be
regulated by the ordinance.
Mayor Hudson stated that he has not collected funds for any campaign.
The motion to adopt the Ordinance carried by the following roll call
vote:
AYES: 4 COUNCILMEN: Lacayo,
NOES: 1 COUNCILMEN: Evans
ABSENT: 0 COUNCILMEN: None
Sonju & Hudson
It was moved by Councilman Lacayo and seconded by Councilwoman Sonju
to place the campaign contribution limitation as a referendum measure
on the March ballot and to revise the previous Resolution entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 7TH DAY OF MARCH
1978 FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED
BY THE PROVISIONS OF THE CHARTER OF THE CITY OF CYPRESS" to read:
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City Council Minutes November 28, 1977
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIF-
ORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 7TH
DAY OF MARCH 1978, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID
CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY
OF CYPRESS AND FOR THE SUBMISSION TO THE QUALIFIED ELECTORS
OF SAID CITY OF A CERTAIN MEASURE RELATING TO CAMPAIGN CONTRI-
BUTIONS LIMITATION" and to change the text of said Resolution
accordingly. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN: Evans,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, MacLain, Sonju &
EXECUTIVE SESSION: Mayor Hudson called an Executive Session at
12:15 a.m. for matters of personnel. The meeting was called back
to order at 12:35 a.m. with all Council members present.
ORAL COMMUNICATIONS: There were no oral communications presented.
ADJOURNMENT: Mayor Hudson adjourned the meeting at 12:35 a.m.
to Tuesday, November 29, at 7:00 a.m. at the Park Pantry, 1245
Knott Avenue, Anaheim, for a meeting with Senator Carpenter.
HAYOR OF T~C[TY OF EYPRESS
ATTEST:
CITY CL~RK OF THE 6zITY OF CYPRESS
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