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Minutes 78-07-10MINUTES OF A REGULAR MEETING OF THF CYPRESS CITY COUNCIL HELD July 10, 1978 The regular meeting of tbe Cypress City Council was called to order at 6:35 p.m. on Monday, July 10, 1978 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Donald Hudson presiding. PRESENT: ABSENT: Council members MacLain, Rowan and Hudson Council members Evans and Lacayo Also present were Brian Hawley, Acting City Manager, City Attorney, and the following City staff members: Powe]l and Schatzeder. John Murphy, Bryant, Duke, PLEDGE OF ALLEGIANCE: The pledge to the flag was led by Councilman STAFF REPORTS & DISCUSSION: Mr. Hawley requested an Executive Session to d~iscuss matters of litigation. Hearing no objections, Mayor Hudson added Item #32 to the agenda regarding annexations to the City of Cypress. MINUTES: It was moved by Councilwoman MacLain, seconded by Councilman Rowan and unanimously carried to approve the minutes of June 13, June 20 and June 23. COUNCILWOMAN EVANS ARRIVED AT 6:37 P.M. CONSIDERATION OF RENEWAL OF CONTRACT FOR LEGAL ADVERT1SEMENTS~ REQUEST FOR QUOTATION #7677-84: Mr. Hawley presented a report from the Finance Officer dated July 6 who recommended renewal of the contract with the News Enterprise at the same prices and condi- tions as the original bid. it was moved by Councilman Rowan, seconded by Councilwoman MacLa~n and unanimously carried to continue the matter to the July 24 meeting and request a staff report on the circulation and distribution figures of the several newspapers serving the Cypress area. 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 recommen- dation listed on the agenda. COUNCILMAN LACAYO ARRIVED AT 6:45 P.M. Councilwoman Evans requested that It~ms #7, 10, 12 and 13 be removed from the Consent Calendar. Councilwoman MacLain requested the removal of Item #9. It was moved by Councilwoman MacLain and seconded by Councilman Rowan to approve Items #2 through #15 on the Consent Calendar with the exception of Items #7, 9, 10, 12 and 13. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: E~zans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan City Council Minutes July 10, 1978 ~m #2: Motion to introduce and/or adopt all ordinances presented for consideration by title only, and to waive further reading. Item #3: Consideration of Weed Abatement Program, Approval of Specifications and Authorization to Advertise for Bids. Recommendation: That the City Council approve the specifications for the fiscal year 1978/79 Weed Abatement Program and authorize the City Clerk to advertise for bids to be received at 10:00 a.m. on August 1, 1978. Item #4: Consideration of Adoption Vicki Van Allen for Being the First Orange County Grand Jury. of a Resolution Commending Cypress Woman to Serve on the Recommendation: That the City Council adopt the following Resolu- tion by title only, title as follows: RESOLUTION NO. 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING VIVIAN VICTORIA VAN ALLEN FOR BEING THE FIRST CYPRESS WOMAN SELECTED TO SERVE ON THE ORANGE COUNTY GRAND JURY. Item #5: Consideration of Contract Renewal for Looseleaf Supple- ment Service with Municipal Code Corporation. Recommendation: That the City Council authorize and the City Clerk to attest a contract renewal merit service with Municipal Code Corporation of with no change in the contract provisions. the Mayor to sign for looseleaf supple- Tallahassee, Florida, Item #6: Consideration of Extension of Time for the Building Lease Between the City of Cypress and Straight Talk, Inc. Recommendation: That the City Council approve the one-year exten- sion for the period of August 1, 1978 through July 31, 1979 for the building lease between the City and Straight Talk, Inc. at 5732 Camp Street. Item #8: Consideration of Lease Agreement Between the City Council and the Chamber of Commerce for Use of the Frank P. Noe Building. Recommendation: That the City Council authorize extension of the lease agreement between the City and the Chamber of Commerce for use of the Frank P. Noe Building through December 31, 1978. Item #11: Consideration of Status Report on Liability Insurance Program. Recommendation: Receive and file. Item #14: Consideration of a Request to Employ a CETA Dispatcher Trainee. Recommendation: That the City Council authorize the employment of a dispatcher trainee under the CETA II program. Item #15: Consideration of a Request to Employ an Engineering Clerk in the Public Works Department. Recommendation: That the City Council authorize the filling of recently vacated CETA position by the hiring of a clerk in the Public Works Department Engineering Division. the Item #7: Consideration of Resolution of the City Council of the City of Costa Mesa Re: Completion of Route 55 Freeway. -2- City Council Minutes July 10, 1978 It was moved by Councilwoman Evans and seconded by Councilworman MacLain to direct a letter to the City of Costa Mesa expressing the City of Cypress' support for completion of the Route 55 freeway. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item #9: Consideration of Resolution No. 5590-78 Garden Grove Which Recommends an Amendment to the ornia Cities By-Laws. of the City of League of Calif- It was moved by Councilman Rowan and seconded by Councilwoman Evans to receive and file the matter. Following further discussion, a substitute motion was moved by Mayor Hudson and seconded by Councilman Rowan to support the formation of a League committee to attempt to arrive at a compromise regarding the representation problem and that the committee report back to the Council on any compromise which is reached. The motion unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan Item #13: Consideration of Appointment of a Representative to the Orange County Health Planning Council. The Council agreed to request the City's current representative be in attendance at the July 24 meeting to respond to questions from the Council. to Discussion of Items #10 and #12 was continued until later. CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. ELLERY J. KRUEGER ON BEHALF OF TULLY STEAKS: Mayor Hudson opened the hearing and asked for the staff report. Mr. Hawley presented a report dated July 6 and indicated the applicant was requested to be present at the hearing. Mayor Hudson asked if the applicant was present. The applicant was not present. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close the public hearing and receive and file the appli- cation for a special permit by Mr. Ellery Jo Krueger. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. HAROLD G. WILMARTH ON BEHALF OF MOTHER'S FOOD FOR HEALTH, 17891-B SKY PARK~ IRVINE, CALIFORNIA: Mayor Hudson opened the hearing and asked for the staff report. Mr. Hawley presented a report dated July 5 describing the applica- tion. Mayor Hudson asked if the applicant was present. The applicant was not present. -3- City Council Mioutes July 10, 1978 It was moved by Councilman Lacayo and seconded by Councilwoman Evans to continue the public hearing regarding the application for a special permit by Mr. Harold G. Wilmarth to the July 24 meeting. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBE~S: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan Mr. Hawley requested that the public hearing regarding the appeal of Conditional Use Permit #78-11 be continued until later. The Council agreed to continue the hearing. PUBLIC HEARING RE: PUBLIC NUISANCE AT 4901 WILLIAM AVENUE~ AP #242- 142-]3: Mayor Hudson opened the public hearing and asked for the staff report. Mr. Hawley stated that it was necessary for all persons wishing to present testimony at this hearing to be sworn in and he asked if anyone in the audience wished to present testimony. No one in the audience expressed a desire to present testimony. Mr. Hawley swore in the Public Works Director. The Public Works Director presented a report dated June 6 which described the conditions on property at 4901 William Avenue that staff felt constituted a public nuisance. These conditions included: t~ash, debris and weeds in the front and rear yards, swimming pool part~ally filled with stagnant water, a gutted interior strewn with trash, and broken windows and door locks. He presented slides of the property. He reported that there was a dispute regarding title to the property and both attorneys were notified of this hearing. There being no further speakers wishing to be sworn in to present testimony, it was moved by Councilman Rowan and seconded by Council- woman Evans to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING AND DECLARING CERTAIN PREMISES WITHIN THE CITY TO BE A NUISANCE, AS DEFINED IN ARTICLE III OF CHAPTER 13 OF THE CYPRESS CITY CODE, AND ORDERING THE ABATEMENT OF THE SAME BY THE OWNER THEREOF. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 78-5 (BOTH SIDES OF WALKER STREET FROM LINCOLN TO ORANGE): Mayor Hudson opened the public hearing and asked for the staff report. The Planning Director presented a report dated June 29 which indi- cated the Planning Commission on June 15 recommended approval of an amendment to the General Plan for certain parcels located on both sides of Walker Street between Lincoln and Orange Avenue. Basically, they recommended an extension of the commercial zone designation along the east side of Walker south from Newman Street and on the west side of Walker for the parcels in County unincor- porated area. They recommended a medium-density (maximum 12 to 13 units/acre) residential designation for the existing condominium project and parcel to the south on the west side of Walker. The -4- C~ty Council Minutes July 10, 1978 Planning Director presented slides identifying existing land uses and new development trends in the area. He reported that the area south of Wicker Drive was excluded from the study pending the findings of the Civic Center Property Acquisition Study Committee. He reported the last four property transactions in the area were made with the hope of establishing commercial uses and involved conversion of existing single-family dwellings. He reported staff's recommendation was that the Council initiate a rezoning of the neighborhood commercial properties to the Commercial General Zone. Councilwoman Evans asked that staff investigate providing for transitional uses for residential properties which are adjacent to commercial parcels. Mayor Hudson asked if anyone wished to speak in favor of the General Plan Amendment. Mr. Crispin Gaspar, owner of Brothers Three garage at the southeast corner of Walker and Nelson Street, stated he favored the Commercial General Zone over Neighborbood Commercial zoning and stated he in- tends to upgrade his property if the amendment is approved. Mayor Hudson asked if anyone wished to speak in opposition. No one wished to speak in opposition. It was moved by Councilman Rowan and seconded by Councilwoman MacLain to close the public hearing and adopt the following Resolu- tion by title only, title as follows: RESOLUTION NO. 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING GENERAL PLAN AMENDMENT NO. 78-5. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan PUBLIC HEARING RE: APPEAL OF CONDITIONAL USE PERMIT NO. 78-1]: Mayor Hudson opened the public hearing and asked for the staff report. The Planning Director presented a report dated June 29 indicating the Planning Commission on June 1 unanimously approved Conditional Use Permit #78-11 to provide for the sale of hay as an accessory use to the residence at 4252 Crescent Avenue. The CoU.P. was appealed by a property owner on Acacia Drive south of the subject property. The Planning Director also transmitted Staff Report #78-22 dated May 10 which described the proposed hay sales use. He presented slides of the subject property. He reported the applicants exper- ienced vandalism problems with their hay business in Cerritos and relocated the business to Cypress. Staff recommended approval of the conditional use permit but restricted the use to hay sales only. He reported the Planning Commission added a condition that the storage of hay shall not encroach closer than 50 feet to any dwel- ling. He stated no condition was imposed regarding hours of opera- tion since the Commission would review the business hours in the event complaints were received. He reported the property owner did not propose any signing for the business. Councilwoman Evans recommended that no signing be permitted and that ~the height of hay bales be limited. Mayor Hudson asked if anyone wished to speak in support of the appeal. -5- ~ity Council Minutes July 10, 1978 Mr. Everett Weerheim, 8551 Acacia Drive, Cypress, indicated his main objection to the CoU.P. was based on the fact that those per- sons who supported RS-15,000 zoning were not living up to that zoning by requesting commercial uses along Acacia Drive. He stated the non-conforming hay business has existed since October 1976 and the applicants are now requesting approval of a previously illegal operation. He stated he would support the hay business if another zone was approved, such as a light business zone, which would allow other property owners to develop their property. Mr. Bill Sinclair, 8602 Acacia Drive, stated his concern was the growing commercialism on the street. He suggested that the appli- cant comply with the existing Zoning Ordinance and that the Council retain the existing zoning for the property. Mayor Hudson asked if anyone wished to speak in opposition to the appeal. Mr. and Mrs. Wilfred Wiersma, 4252 Crescent, Cypress, the applicants, described the nature and extent of the hay sales business. They reported they do not have regular business hours, that they sell about one load of hay per week, and hay is sold to residents along Acacia Drive as well as County residents. They reported the dilapidated shed was removed. They reported the use creates no noise or odors and the only complaint is from the Weerheims who are upset with the RS-150OO zoning. They agreed to lower the height of the stored bales of hay if necessary. The following persons spoke in opposition to the appeal and in favor of the hay sales business: Mr. Gene Vaughn, 8582 Acacia Drive Mr. Harold Daniels, 8542 Acacia Drive Mrs. Mary Van den Raadt, 8644 Acacia Drive Mr. Tom Driscoll, 4251 Opal Street Mrs. Wiersma stated Mrs. Collins, the property owner directly to the south, could not attend tonight's meeting and was in favor of the hay sales business. Mr. Sinclair stated he was concerned about commercial growth on the street and felt if this commercial use is approved there will be requests for others and then people will complain about des- troying the rural atmosphere. Mr. Everett Weerheim stated it is not the hay business zoning issue to which he objects. He indicated he was give up a profitable cattle business with the previous on Acacia Drive and he stated he supported R-3 zoning. but the forced to zone change It was moved by Councilman Rowan MacLain to close the hearing and Use Permit #78-11. and seconded by deny the appeal Councilwoman to Conditional A by Councilman Lacayo to close the hearing, adopt the following Resolution by title only, title as follows, denying the appeal C.U.?. #78-11, and to modify the C.U.P. approval by adding the following conditions: the hours of business shall be conducted as not to be a nuisance to the neighborhood, no signs shall be allowed on the property, exceed 15 feet: substitute motion was moved by Councilwoman Evans and seconded to so and the height of stored hay shall not RESOLUTION NO. 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 78-11 - WITH CONDITIONS. -6- City Council Minutes July 10, 1978 Mr. and Mrs. Wiersma indicated the added conditions were and stated they may desire to post an open/closed sign. indicated this sign would not present a problem. acceptable The Council Mayor Hudson stated he would not support the motion since several residents on Acacia Drive have expressed objection to the various business interests on the street and because he felt the street was becoming business oriented and such uses are contrary to the intent and purpose of the RS-15,000 zone. Councilman Lacayo suggested that the Council reconsider the RS-15,000 zoning and whether or not to allow commercial uses on the street. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Evans, 1 COUNCILMEMBERS: Hudson 0 COUNCILMEMBERS: None Lacayo, MacLain & Rowan It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to direct staff to undertake a study of the uses permitted in the RS-15,000 Zone to include a review of all existing uses, quasi-commercial activities being conducted, conditional use permits and home occupation permits which are in effect, and the traffic counts on Acacia Drive and Crescent Avenue, with the report to be submitted in two months. Councilwoman Evans inquired if any zoning violations existed on Acacia Drive. The Planning Director reported there were no zoning violations but there are several non-conforming uses which were estab]ished before RS-15,000 zoning went into effect. He stated the report requested by the Council would include a complete land use analysis and history of uses on Acacia Drive as well as a tabulation of the number and types of animals on the street. Councilwoman Evans stated she did not support the staff study because of the lack of complaints from residents on the street and in the absence of zoning violations. She felt the City had ade- quate control over commercial growth and in maintaining the atmos- phere it desires. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Lacayo, NOES: 1 COUNCILMEMBERS: Evans ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan & Hudson RECESS: Mayor Hudson called a recess at 8:38 p.m. The meeting was called back to order at 8:52 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: at this time. There were no oral communications presented CONSENT CALENDAR: (Continued) Item #10: Consideration of Proposed Resolution in Support of "Abatement of Moral Public Nuisance Law". It was moved by Councilwoman Evans and seconded by Councilman Lacayo to transmit to Mr. James J. Clancy, attorney at law, a copy of the City's ordinance regulating public nuisances created by the display of objectionable materials and the ordinance regulating the establishment of massage parlors. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Rowan -7- City Council Minutes July 10, 1978 Item #12: Consideration of a Request from the City of Anaheim for Participation in a Lawsuit Against the Fair Political Practices Commission Re: Complimentary Tickets and Passes. It was moved by Councilwoman Evans and seconded by Councilwoman MacLain to send a letter of support to the City of Anaheim but indicate that the City of Cypress cannot offer any financial support. Councilman Lacayo stated he supported the intent of the Commission in ~dentifying the recipients of complimentary passes and that he did not support the lawsuit. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Evans, 1 COUNCILMEMBERS: Lacayo 0 COUNCILMEMBERS: None MacLain, Rowan & Hudson CONTINUATION OF CONSIDERATION OF DISCUSSION RE: CIVIC CENTER LAND ACQUISITION STUDY COMMITTEE: The Planning Director presented a report dated July 7 indicating the staff recommended that this matter be continued for an indefinite time. It was moved by Councilman Lacayo and seconded by Councilman Rowan to continue this item for an indefinite time period until such time as Council policy regarding land acquisition has been determined and further deliberations by the Civic Center Land Acquisition Study Committee can be continued. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF ADOPTION OF ORDINANCE ABOLISHING VARIOUS COMMIS- SIONS AND DESIGNATING THE CITY COUNCIL AS THE PLANNING AGENCY FOR THE CITY OF CYPRESS: The Planning Director presented a report dated July 7 which transmitted the proposed Ordinance and indicated staff was preparing a schedule for incorporating the duties of the Commissions into the Council's regular work program. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING ARTICLE IV AND ARTICLES VI THROUGH IX, INCLUSIVE, OF CHAPTER 2 AND SECTIONS 16-8 THROUGH 16-10.1 OF THE CYPRESS CITY CODE ABOLISHING VARIOUS COMMISSIONS AND DESIGNATING ITSELF AS THE PLANFING AGENCY FOR SAID CITY. The Council held discussion regarding the proposal to eliminate the Commissions. The motion carried by the followinz roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lacayo, 1 COUNCILMEMBERS: Evans 0 COUNCILMEMBERS: None MacLain, Rowan & Hudson -8- City Council Minutes July 10, 1978 61 CONSIDERATION OF A PROPOSED CITATION PROGRAM ENFORCING THE UNIFORM FIRE CODE: The Planning Director presented a report dated July 7 describing the proposed citation program of the Orange County Fire Department which the Fire Department requested be adopted by cities which receive contractual fire prevention services. The Council held lengthy discussion with Mr. Stan Becher, Deputy Fire Marshal, regarding details of the citation program. It was moved by Councilman Lacayo and seconded by Councilman Rowan to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A CITATION PROGRAM FOR THE EFFECTIVE ENFORCEMENT OF THE UNIFORM FIRE CODE WITHIN THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBFRS: None CONSIDERATION OF A COMMUNICATION FROM MAYOR HUDSON REGARDING INTER- GOVERNMENTAL CONSOLIDATION AND COORDINATION: The Planning Director presented a report dated July 7 and transmitted a memorandum from Mayor Hudson dated June 26 which described the activities and areas of discussion at the June 24 meeting between the mayors and vice mayors of Cypress, Garden Grove, La Palms, Los Alamitos, Seal Beach and Stantono It was moved by Councilman Rowan and seconded by Councilwoman MacLain to approve the continuation of the direction of study of inter- governmental consolidation and coordination as described in the Mayor's report. Councilwoman Evans recommended that the remaining Council, members and City Manager participate in the efforts outlined by the Mayor and that they present reports back to the Council on their activities. Councilwoman Evans moved a substitute motion to authorize the entire Council and City Manager to pursue the activities relating to inter- governmental consolidation and coordination and that reports on their activities be submitted to the City Council. The motion was not seconded. The original motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan CONSIDERATION OF COMMUNICATION FROM MAYOR HUDSON REGARDING BUDGET SESSIONS: The Planning Director presented a report dated July 7 which transmitted a mamorandum from Mayor Hudson dated July 7 concerning the budget sessions. Mayor Hudson recommended that budget meetings be delayed until after August 1 to await informa- tion from the State and County. He also suggested that sub-committees be formed consisting of two Council members to review and mare recommendations on each of the five evaluation points suggested by the Team. Councilman Lacayo stated it may be difficult to coordinate meeting t~mes with the other Council members and he suggested that each Council member take one assignment, review it with staff, and pre- sent a report at the budget meeting. Councilman Rowan suggested -9- City Council Minutes July 10, 1978 6gat the five areas be reviewed one at a time, that staff make an analysis and present recommendations on each area and that it then he discussed by the entire Council. The Council agreed with the Mayor's recommendation to not schedule budget sessions until after August 1 and to follow the format of separately reviewing the five points of the evaluation program. CONSIDERATION OF COMMUNICATION FROM THE CITY ATTORNEY RE: A BALLOT PROPOSITION ON THE QUESTION OF ABORTION: The Planning Director presented a report dated July 7 transmitting a communication from the City Attorney who suggested three possible wordings for a ballot proposition regarding the abortion issue. He read the three a]ternatives. Mayor Hudson stated it was difficult to justify placing the matter on the ballot because of the considerable cost involved. He asked if anyone in the audience wished to speak on this matter. Mrs. Mary Van den Raadt, 8644 Acacia Drive, Cypress, questioned why the Council was considering the abortion issue since it had been considered by the U.S. Supreme Court and she felt it was an individual matter. She suggested that it be placed on the ballot through the petition process. Ms. Joyce Ginns, 4573 Rainier, Cypress, felt the abortion issue was a matter of individual choice and she stated the California courts have upheld women's rights in this matter. She stated she preferred that City funds be used in other areas instead of placing this matter on the ballot. Mr. Tom Nagle, 9302 Graham Circle, Cypress, spoke in opposition to the practice of abortion. He urged that the Council obtain infor- mation and become informed on the matter. It was moved by Councilman Rowan and seconded by Councilwoman MacLain to receive and file the matter. Mrs. Loretta Callender, 9408 Danbury, Cypress, stated the original intent was to request the Council to adopt a moral resolution and not to place the issue on the ballot. She felt the Council's adoption of a resolution would bring the issue to the public's attention. Mayor Hudson stated he did not support placing the matter on the ballot. Councilmembers Lacayo and Evans favored placing the ques- tion on the ballot if the supporters raised the necessary funds. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, MacLain, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Lacayo Rowan & Hudson RECESS: Mayor Hudson called a recess at 11:15 p.m. The meeting was called back to order at 11:25 p.m. with all Councilmembers present. CONSIDERATION OF ADOPTION OF ORDINANCE RE: SKATEBOARDS: The Planning Director presented a report dated July 7 which transmitted a proposed Ordinance that would prohibit skateboard riding in certain areas. The Police Chief indicated the prohibition would present enforcement problems. It was moved by Councilwoman MacLain, seconded by Councilman Rowan and unanimously carried to receive and file the matter. -10- City Council Minutes July 10, 1978 CONSIDERATION OF ASSESSMENT FOR WEED AND RUBBISH ABATEMENT FOR SPRING 1978: The Planning Director presented a report from the Public Works Director dated July 6 which transmitted a resolution listing assessments on parcels where weed abatement was performed. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work and to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESS- MENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS, The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan CONSIDERATION OF TRAFFIC SIGNAL ON WALKER STREET~ APPROXIMATELY MIDWAY BETWEEN NEWMAN STREET AND VISTA SIERRA STREET: The Planning Director presented a report from the Public Works Director dated July 7 which indicated the principal of Swain School requested placement of a traffic signal and crossing guard at the above loca- tion for students who will be reassigned from Cypress School to Swain School in the fall. It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to continue the item to the next meeting. The City Council waived the 11:30 p.m. adjournment time. The Public Works Director stated there was some urgency in the matter since the signal was requested to be operating in September. Councilman Lacayo withdrew the second to the motion. Councilwoman Evans suggested that the Cypress School Board be con- tacted regarding their possible participation in funding the signal. Mayor Hudson requested information on temporary, moveable signal- ization which may be available. Councilman Rowan requested infor- mation from the School District on their future plans for school crossings and to what extent they may be able to participate in the signal cost. Ne suggested that portable signal devices be inves- tigated. It was moved by Councilwoman Evans and seconded by Councilman Lacayo to continue the matter to the July 24 meeting and that staff present the information requested. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to approve the Warrant List for Warrants #49536 through #49675 in the total amount of $457,939.70. The motion unanimously carried by -11- City Council Minutes July 10, 1978 the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Rowan CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve the District Warrant List for Warrants #8100 through #8181 in the total amount of $59,424.17. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan With regard to Item #32 concerning annexations to the City of Cypress, Councilman Rowan requested that the Council consider starting pro- ceedings for the annexation of 23 acres of County unincorporated area located west of Walker Street and south of Lincoln. He stated this is a unique area since it is totally surrounded by the City of Cypress. He felt the City may be approached for pre-annexation zone changes in this area based on the impacts of Proposition 13 on the taxing structure, and he noted that development is occurring in the area. The Planning Director reported that staff was in the process of studying County islands in conjunction with the update and modifi- cations to the Land Use and Housing Elements of the General Plan and he stated the study will be a year-long program involving a citizens advisory committee to work with staff. He agreed to re- port at the next meeting on when the Council may expect a report regarding the area identified by Councilman Rowan. EXECUTIVE SESSION: Mayor Hudson 11:45 p.m. to discuss litigation back to order at 11:52 p.m. with called an Executive Session at matters. The meeting was called all Councilmembers present. ADJOURNMENT: It was Councilwoman MacLain at 11:53 p.m. moved by Councilman Lacayo, seconded by and unanimously carried to adjourn the meeting ATTEST: C17¥ C~R~ 0~ ?~ ~¥ 0¥ C¥~R~$$ -12-