Minutes 78-09-25116
MINUTES OF A REGULAR MEETING OF
TIlE CYPRESS CITY COIlNCII.
HELD
September 25, 1978
The regular meeting of the Cypress City Council was called to order
at 6:50 p.m. on Monday, September 25, 1978 in the Cypress City
Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor
Donald Hudson presiding.
PRESENT:
ABSENT:
Councilmembors Evans, I,acayo, Rowan and Hudson
Councilwoman MacLain
Also present were City Manager/City Clerk Darrell Essex, City
Attorney John Murphy, and the following memhers of the City staff:
Bryant, Dalesandro, Davenport, I)uke, and [lawl ey.
PLEDGE OF ALLEGIANCE: The City Attorney led the pledge to the fla~.
ORAL COMMUNICATIONS: Mayor lludson asked if anyone wished to speak
in regard to any matter not on the agenda.
Mr. Charles Rosen, president of People Against the Chino Hills Air-
port, stated he was present to answer questions ra2sed at the June
26 Council meeting regarding fundina of the Inter-Connty Hanagement
Agency, which is supporting an airport in Chino Hills. He stated
that at a February meeting before tbe Orange County Transportation
Commission, it was reported that about $2S0,000 of ICbiA~s funding
came from the Southwest Corporation, a snbsidiary of Pepsico, whose
sole purpose is to be a management agency for designing, developing
and operating large airports.
COUNCILWOMAN MACLAIN ARRIVED AT 6:35 P.M.
Mr. Rosen stated it appeared that property owners in the area,
member cities of the Inter-County Airport Authority, and the three
princkpals of ICMA, who are retired military personnel, are not
involved with funding the iCMA. lie reported a Iaw class of Westero
State University in Fullerton ks conducting a study of who is
supporting a Ch~no Ilills airport, tie suggested tbat those findings
he heard before support Js given to a Chino Hills airport. Mr.
Rosen recommended that the Council reaffirm its resolution opposing
the development of a Chino Hills airport. Mr. Rosen reported that
the ICHA is a private corporation as opposed to the ICAA which is a
four city public agency. Mr. Rosen responded to questions regarding
the SCAG airport study which is underway.
MINUTES: It was moved by Councilman Lacayo, seconded by Council-
woman ~iacLain and unanimously carried to approve the minutes of
August 28, September S, and September 11. Cooncilwoman Evans
abstained on the minutes of August 28.
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.
With regard to Item #12, Councilwoman Evans asked about the make-up
of the Senior Citizens Ad lloc Committee and asked for a progress
report after they are established and a report on costs.
Mr. James Duncan, 9787 Rome, Cypress, asked that Item #15 be removed
for separate discussion.
117
Mayor Iludson removed Item #15 from the Consent Calendar. It was
moved by Councilwoman MacLain and seconded by Councilman Rowan to
approve Items #1 throogh 20, with the exception of Item #15, on
the Consent Calendar. The motion unanimously carried by the
following roi1 call vote:
AYES: 5 COIlNCILMEHBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNC ILMEMBERS: None
ABSENT: 0 CODNC ILMEMBERS: None
MacLain, Rowan
Item #1: Motion to Introduce and/or Adopt all Ordinances Presented
for Consideration by Title Only, and to Waive Further Reading.
Item #2: Consideration of a Request to Proclaim the Month of
November, 1978 as United Way Honth.
Recommendation: That the Mayor and City Council proclaim the month
of November, 1978 as "United Way Month" in the City of Cypress.
Item #5: Consideration of Application for an Original Type "42"
On Sale Beer and Wine Alcoholic Beverage License for Theodore Isaac
and Elizabeth A. Sack, DBA The Pub, 8850 Walker Street, Cypress.
Recommendation: Receive and file.
Item #4: Consideration of a Claim Submitted by Mr.
of ,John W. Gyorkos, a Law Corporation, on Behalf of
Cappadonna, father of Steven Cappadonna, a minor.
Fred C. Fenton
Donald J.
Recommendation: That the City Council officially deny the subject
claim and refer the claim to the City's Claim Adjuster, Carl Warren
and Company, for appropriate disposition.
Item #5: Consideration of a Claim Submitted by Warren A. Busch.
Recommendation: That the City Council officially deny the subject
claim and refer the claim to the City's Claim Adjuster, Carl Warren
and Company, for appropriate disposition.
Item #6: Consideration of a Request to Proclaim Tuesday, October
24, 1978 as United Nations Day.
Recommendation: That the Hayor and City Council proclaim Tuesday,
October 24, 1978 as "United Nations Day" in the City of Cypress.
Item #7: Consideration of a Communication from the City of Lodi
Regardi'ng Purchasing Policy.
Recommendation: Receive and file.
Item #8: Consideration of a Request for Appropriation for the 1978
May Festival.
Recommendation: That the City Council approve an appropriation of
~250.00 as the City's share in the cost for the i978 Cypress May
Festival and transfer the amount of $250.00 from the General Fund
Balance to Account #10-4104-117.O2.
Item #9: Consideration of a Request to Fill Two Police Officer
Vacancies.
Recommendation: That the City Council approve the employment of
two Police Officers to fill the existing vacancies.
Item #10: Consideration of an Amendment to the Contract for City
Attorney Services.
Recommendation:
for services as
dated September
That the City Council approve the
outlined in the communication from
12, 1978.
amended fees
the City Attorney
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CitYl unci , in tes September 197
Item #11: Consideration of a Report on the Net Savings Resulting
from the Elimination of City Commissions.
Recommendation: Receive and file.
Item #12: Consideration of City Council Policy Regarding a Senior
Citizens Commission,
Recommendation: That the City Council not establish a Senior
Citizens Commission but instead create an Ad lloc Committee with
representatives from the Cypress Senior Citizens Club and the
Title VII Senior Citizens Committee and that the Ad Hoc Committee
work with Staff in attempting to fund a multi-purpose Senior Center
through Title V.
Item #13: Consideration of Approval of an Agreement for Services
for a Juvenile Diversion/Treatment Program.
Recommendation: That the City Cotincil authorize the Mayor to sign
and the City Clerk to attest the Agreement between the City of
Cypress and Orange County for the Cypress 601 Juvenile Diversion
Program.
Item #14: Consideration of ttoliday Dance Workshops.
Recommendation: That the City Council, acting as the ex officio
Board of Directors of the Cypress Recreation and Park District,
approve the proposed holiday dance workshops and program fees as
outlined in the staff report dated September 19.
Item #16: Consideration of Report on Acacia Drive.
Recommendation: That the City Council not consider any rezoning
of properties along Acacia Drive or any amendment to the RS-IS,000
Zone regulations and that the Council receive and file the staff
report dated September 2~.
Item #17: Continuation of Consideration of Instrumental Music
Program Fees.
Recommendation: That the City Council, actinR as the
Board of Directors of the Cypress Recreation and Park
receive and file the staff report dated September 21.
ex officio
District,
Item #18: Consideration of Approval of Plans and Specifications
and Authorization to Advertise for Bids on the Lincoln Avenue
Storm Drain from the West City Limits to 45D' West of Moody Street,
City of Cypress Project No. 7811-20.
Recommendation: That the City Council approve the plans and speci-
fications for the construction of the Lincoln Avenue Storm Drain
from the west City limits to 450 feet west of Moody Street, Project
#7811-20, and authorize the City Clerk to advertise for bids with
bids to be opened in the office of the City Clerk on October ~1,
1978 at 10:00 a.m.
Item #19: Consideration of a Request to Fill a CETA Planning/
Engineering Clerk Position.
Recommendation: That the City Council approve the employment of
a CETA Planning/Engineering Clerk.
Item #20: Consideration of a Request to Fill Two CETA Haintenance
Aides Positions.
Recommendation: That the City Council approve the employment of
two CETA Maintenance Aides.
C i t v
Council
Min,tes
Seiki emhttr :,5.
] 97g
119
With regard to Item ~!15, Consideration of Representatives to the
Recreation and Park Commission, Mr. ,James Duncan expressed objec-
lion to the manner in which two commissioners reappointed them-.
selves into office after their terms had expired. The Councii
indicated that selection for the Recreation Commission was left up
to the two current commissions and the Council's action did not
alter any terms of office. They indicated they intended to follow
the normal procedure of re-evaluation at the expiration of the
current commissioners' terms.
It was moved by Councilman Lacayo and seconded by Councilwoman
HacLain to confirm the appointments to the Recreation and Park
Commission as presented from the Commissions, conduct a re-
evaluation of the commissioners whose terms have expired, and
direct staff to advertise for appl cants fnr the commission
vacancies. The motion unanimously carried hy the following roll
call vote:
AYES:
NOES:
ABSENT:
5 COt/NC ILHEMBERS
0 COUNCILMEMBERS
0 COUNCIl,MEMBERS:
Evans, Lacayo ~
& lludson
None
None
HacLain, Rowan
PUBLIC HEARING RE: ZONE CHANGE NO. 78-8 (WALKER STREET BETWEEN
LINCOLN AND KAREN): Mayor ltudson opened the public hearing and
asked for the staff report.
The City Manager presented a report From the Planning Director
dated September 19 which indicated the proposal was to rezone
various parcels on the east side of Walker between Bishop and
Karen from CN and RS-6000 to CG-iO,O00 (Commercial general Zone),
and to rezone a parcel on the west side of Walker opposite Newman
Street from RS-6000 to RM-20/A (Residential Multiple-Family Zone).
Mayor ttudson asked if anyone wished to speak in support or in
opposition to the rezoning. No one wished to speak in support
in opposition.
or
It was moved by Councilman Rowan and seconded by Councilwoman
MacLain to close the public hearing, order the following Ordinance
read by title only, title as follows, and to approve the first
reading of the Ordinance:
ORD INANf,'E NO.
AN ORDINANCE OF THE CITY COHNCIL OF THE CITY
OF CYPRESS AMENDING ORDINANCE NO. 559 BY PLACING
CERTAIN PARCELS OF LAND IN THE CG-iO,O00 AND
RM-20/A ZONES AND KNOWN AS ZONE CttANGE NO. 78-8.
Tbe motion unanimously carried by the following roll call vote:
AYES: 5 COUNC ILMEMBERS: Evans,
& tlud son
NOES: 0 COUNC ILMEMBERS: None
ABSENT: 0 COUNC ILMEMBERS: None
PUBLIC ttEARING RE: ZONE CtlANGE NO. 78-9 (GAY STR[!ErI'/ : Mayor tludson
opened the public hearing and asked for the staff reloert.
Councilman Re.wan stated he will abstain from participating in the
discussion on the zone change since he had previonsly submitted an
offer to the property owner for a portion of the subject property.
tie left his seat on the podium.
I'he City Manager presented a report from the Planning Director dated
September 19 which indicated the Planning Comnlission on August 17
recommended approval of a pre-annexation zone change for approxi-
mately 2.75 acres of land located at the north end of (;ay Street.
'['he Commiss[on recommended RS-15,O00 and PS-IA zoning for the
property.
ty Council Minutes
September 25, 1978
Mayor Hudson asked if anyone wished to speak in favor of the zone
change.
Mr. John Turner, 8195 Mulberry, Cypress, stated
properly patrolled by the Sheriff's Department
service would benefit the area.
the area is not
anti Cypress Police
Mr. ,Jeff Martin, 8166 Mulberry, Cypress, stated he appreciated the
wall being constructed which blocks access from (;ay Street. He
felt annexation of the property would be advantageous because of
the lack of police patrol and the lack of development does not
help the adjacent neighborhood.
Mr. llalbert, 8185 Mulberry, Cypress, stated he supported RS-6000
zoning.
Mr. Bob Bakshee, 8186 Mnlberry, Cypress, stated he preferred
RS-6000 zoning.
Mayor Hudson asked if anyone wished to sDeak in opposition to the
zone change.
Ms. Gall Simmons, 8162 Gay, Cypress, stated her property borders
the north and west sides of the subject property and is included
in the zoning request. She stated she boards horses. She stated
she opposes RS-600O zoning and she does not want to be surrounded
by two-story homes which would detract from her privacy. She indi-
cated she prefers the existing zoning but would not oppose RS-15,000
zoning if the new homes and zoning regulations can assure the con-
tinuance of the rural lifestyle on the street.
RECESS: Mayor Hudson called a recess at 8:23 p.m. The meeting was
called back to order at 8:32 p.m. with Councilman Rowan absent.
Mayor Hudson asked if the property owner wished to speak.
Mr. Ted Cramer, 8212 Gay, Cypress, stated he favors RS-6000 zoning
for his property and stated he would not want to annex his property
with RS-iS,000 zoning. }le reported his parcel is divided into four
lots and is not laid out to accommodate RS-IS,000 zoning, lie
felt the area is not horse property any longer and is ready for
development. He felt the seven or eight homes which would be possi-
ble with RS-6000 zoning would not adversely impact the street.
Cramer stated most lots on Gay are between 7200 and 9500 square feet
and eventually the entire street will consist of lots under 10,000
square feet, He reported the property owner directly to the sooth
agrees in principle with RS-6000 zoning. Mr. Cramer felt the
City will provide better service for the street and he reported
the developer wishes to be in the City of Cypress.
Mayor Hudson stated the County study proposes a lower density for
this area. The Planning Director reported this area was deleted
from the overall County general plan amendment because of its con-
troversial nature, and there is no Coonty estimate of when the
zoning issues will be resolved or when zoning will be brought into
conformance with the general plan.
Mrs. Kerry Wilvers, 8243 Carob, Cypress, and owner of a stable at
8131 Gay Street, stated her stable and two others will continue
to exist and horse riding will continue in the area, She stated
RS-6000 zoning wouldnot benefit the street and that she supports
RS-15,000 zoning.
Councilman Lacayo stated he was concerned aboot allowing a new
residential development at the end of the street which would be
landlocked and would not have access via a City street. Council-
woman Evans stated she shared this concern. She felt this was a
premature zone change and stated she would like to consider the
possibility of annexation and then properly plan the area.
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City Council Minutes September 25, 1978 121
Mr. Carl Erickson, 5832 Crestview, La Palma, discussed lot sizes
on Gay Street and stated some lots have one or two dwellings. He
felt the character of the street is concentrated hoosing. He felt
improvement of Denni Street could allow access instead of Gay Street.
Mayor Hudson noted that Denni Street is located outside the City.
tie stated the barrier between the new single-family residences and
horse activities was created by closing the wall and blocking access
to Gay Street, and RS-60O0 development would intrude. Itc felt
RS-iS,000 would be a better transition than RS-6O00 zoning. Coun-
cilwoman MacLain felt RS-iS,000 zoning was appropriate based on the
problems on Gay Street. She folt piecemeal development of RS-6000
lots would reduce the options to maintain the rural character which
the Council over the years has expressed a desire to maintain.
It was moved by Cooncilman Lacayo and seconded by Councilwoman
Evans to close the public hearing, sustain the action of the
Planning Commission, 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 AMENDING ORDINANCE NO. 5S9 BY
APPROVING PRE-ANNEXATION ZONE CHANGE NO. 78-9.
The motion carried by the following roll call vote:
AYES: 4 COUNC ILMEMBERS: Evans,
NOES: 0 COUNC ILMEMBERS: None
ABSENT: 1 COUNC ILMEMBERS: Rowan
La ca yo,
MacLain & ttudson
Councilman Rowan returned to his seat.
CONSIDERATION OF ORDINANCE AMENDING THE ELECTRICAL ENERGY DSERS'
TAX CLARIFYING THE COMMENCEHENT DATE OF TIlE COLLECTION AND REQHIRING
THE CONDUCT OF A PUBLIC HEARING: The City Manager presented a
report dated September 21 which transmitted an amendment to the
electrical energy users' tax ordinance which amendment deletes
the reference to a November 1, 1978 billing commencement date and
also requires that a public hearing be held prior to collection
of the tax.
The Council discussed provisions of the ordinance. The City
Attorney stated the ordinance provides the option that the 4.3%
fixed tax rate may be reduced by resolution.
It was moved by Councilman Rowan 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 AMENDING SECTION 26-57 OF THE CYPRESS
CITY CODE RELATING TO ELECTRICAL ENERGY USER TAX.
The motion carried by the following roll call vote:
AYES: 4 COUNC ILMEHBERS: Evans,
NOES: 1 COUNC ILMEMBERS: Lacayo
ABSENT: 0 COUNC IL~{EMBERS: None
MacLain, Rowan & Hudson
Councilman Lacayo recommended that the ordinance be placed on the
ballot in April to determine whether the voters want the ordinance
sustained or repealed.
-6-
Council Minutes September 25. ]978
It was moved by Councilman Lacayo and seconded by Mayor Iludson to
direct the City Attorney to prepare wording For a ballot measure
regarding the tax.
~tr. Jerry Mullen, 4190 Elizabeth Court, Cypress, stated he opposed
the tax and he urged the CounciI to find a method to equalize the
burden of the tax for residents in all-electric homes who will pay
an unfair portion. He agreed with placing the ordinance on the
ballot. He felt there would be less public opposition to the tax
if the inequities were resolved.
The Council beld further discussion on the motion. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEHBERS: Evans, Lacayo,
& ftnd s o n
NOES: 0 CONNC ILMEMBERS: None
ABSENT: 0 CO[JNC ILMEMBERS: None
MacLain, Rowan
CONSIDERATION OF APPROVAl, OF COMbIERCIAL WARRANT LIST: It was
moved by Councilman Lacayo and seconded by Councilwoman MacLain to
approve the Warrant List for Warrants #5012D throogh ~5{~2D4 in the
total amount of $125,518.~)2. The motion unanimously carried by
the following roll call vote:
AYES
NOES
ABSENT:
5 COUNC ILMEMBERS: Evans,
& IIud son
0 COIJNC ILMEMBERS: None
I1 COUNC ILMEMBERS: None
Eacayo, 3qacLain, Rowan
SECOND READING OF ORDINANCE RELATING TO VARIODS COMMISSIONS AND
I)ESiGNATING CITY COUNCIL AS PLANNING AGENCY: It
Councilwoman MacLain and seconded by Councilman
following Ordinance read by title only, title as
adopt the Ordinance:
was moved by
Rowan to order the
Follows, and to
ORDINANCE NO. 631
AN ORDINANCE OF THE CITY COUNCIL OF T[tE CITY
OF CYPRESS REPEALING ARTICLES IV, VII, V] II
AND IX OF CItAPTER 2 AND SECTIONS 16-8 TItROUGIt
16-10.1, iNCLUSIVE, AND AMENDING SECTION 2-49
OF TIlE CYPRESS CITY CODE RELATING TO VAR/ODS
COMMISSIONS AND DESIGNATING ITSELF AS TIlE
PLANNING AGENCY FOR SAID CITY.
The motion carried by the Following roll call vote:
AYES: 3 COUNCILMEMBERS: MacLain, Rowan
NOES: 2 COUNCILMEMBERS: Evans & Lacayo
ABSENT: 0 COUNCILMEMBERS: None
& Ilud son
CONSIDERATION OF CHRISTMAS SING PROGRAM: The Recreation :~nd Park
Director presented a report dated September 21 wbich outlined
three alternative plans and costs for the Christmas Sing program.
It was moved by Councilman Lacayo and seconded by Councilwoman
Evans that the City Council, acting as the ex officio Board of
Directors of the Cypress Recreation and Park District, approve
Alternate III for the Christmas Sing program and that the Christmas
sing be held on Friday, December 1, 1978. Tbe motion unanimoosly
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain,
& Hudson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COIINCILMEMBERS: None
Rowan
-7-
City Council Minutes September 25. 1978
Councilwoman Evans suggested that the Chamber
tacted regarding planning for future Christmas
CONSIDERATION OF APPROVAL OF RECREATION &
123
of Commerce be con-
Sings.
PARK DISTRICT COMMERCIAL
WARRANT LIST: It was moved by Councilman Lacayo and seconded by
Councilwoman MacLain to approve the District Warrant List for War-
rants #8408 through #8437 in the total amount of $37,6IO,25, The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Lacayo,
& ttud son
NOES: 0 COUNC ILMEMBERS: None
ABSENT: 0 COUNC ILHEMBERS: None
MacLain, Rowan
The City Manager reported that the Chamber of Commerce made a dona-
tion of $165.00 to the Senior Citizens Discount Program.
It was moved by Councilwoman Evans and seconded by Councilman
Rowan to gratefully accept the donation of $165.00 from the Cypress
Chamber of Commerce for the Senior Citizens Discount Program. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COIINC ILMEMBERS
f) COIJNC ILMEHBERS
0 COUNC ILMEMBERS
Evans, Lacayo,
& Hudson
None
None
MacLain, Rowan
With regard to the filling of CETA position vacancies, Council-
woman Evans stated the City loses benefits by delaying the replace-
ment of CETA positions and she recommended that the staff be auth-
orized to fill the vacancies when they occur without the require-
ment for Council approval.
Councilwoman Evans moved
orizing the City Manager
was not seconded.
that the Council adopt a policy auth-
to fill vacant CET^ positions. The motion
Councilwoman Evans recommended that the staff become more involved
with the Orange County Housing Authority since it was difficult
for Cooncilmembers to attend the meetings.
it was moved by Councilman Rowan, seconded by Mayor tludson and
unanimously carried to rescind the previous Council appointments
to the Orange County Housing Authority and assign a staff member
as the City's representative, and that the Council be provided
with reports.
EXECUTIVE
9:15 p.m.
to order
SESSION: Mayor Hudson called an Executive Session at
for matters of personnel. The meeting was called back
at 9:~5 p.m. with ali Councilmembers present.
ADJOURNMENT: It was moved by Councilman Lacayo, seconded by
Councilwoman HacLain and unanimously carried to adjourn the
meeting at 9:45 p.m. to Monday, October 2 at 7:30 p.m. in the
Administrative Conference Room.
ATTEST:
MAYOR OF THyC'ITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
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