Minutes 79-03-12MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
March 12, 1979
233
The regular meeting ofthe Cypress City Council was called to order at 6:35 p.m.,
on Monday, March 12, 1979, in the Cypress City Council Chambers, 5275 Orange
Avenue, Cypress, California, Mayor Donald Hudson presiding.
PRESENT: Council Members Evans, Lacayo, Rowan and Hudson
ABSENT: Councilwoman MacLain
Also present were City Manager/City Clerk Darrell Essex, City Attorney John
Murphy, and the following City staff members: Bryant, Davenport, Duke, Hawley,
Powell and Schatzeder.
PLEDGE OF ALLEGIANCE: Mayor Hudson led the pledge of allegiance.
COUNCILWOMAN MACLAIN ARRIVED AT 6:38 P.M.
ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak in regard to
any matter which was not on the agenda.
Mr. John West, 9721 Graham Street, Cypress, reported on proposed rent increases
~n bis apartment complex and stated about half of the tenants were present to
request the Council's assistance in this matter. He reported the tenants feel
t~ey are victims of rent gouging since the rents for a one-bedroom apartment
will be ~ncreased from $255 to $335 per month, a 31% increase. He reported
the tenants have not received a rebate after the passage of Proposition 13,
and the tenants feel the increases proposed for all apartments exceed the
cost of living increase and are out of line. Mr. West stated the tenants
~ave concerns about the general maintenance of the complex. Mr. West stated
the tenants enjoy living in Cypress and they are not prepared for the rent
i~creases. Mr. West reported increases for the 23 tenants will be made in
three ~ncrements, beginning in April; the minimum increase will be 12% and
the increase for one three-bedroom apartment will be 50%. The following
tenants expressed concern over their rent increases and requested the Council's
assistance:
Diane Aherne, 9721 Graham
Vicki Avalera, 9721 Graham
Crystal Smith, 9721 Graham
Joyce Cook, 9721 Graham
It was moved by Councilman Lacayo, seconded by Councilwoman Evans and unanimously
carried to place this matter on the agenda, direct staff to contact the Apart-
ment Owners' Association of Orange County to determine their policy regarding
rebates resulting from Proposition 13, direct staff to obtain current rental
rates for various types of apartments including one and two bedroom, family,
and adult units and determine the apartment vacancy factor within the area,
direct staff to contact the Graham Street Apartment owner and request their
rationale and justification for the proposed rent increases and obtain rental
data for the Graham Apartments to determine the escalation scale for the rent
increases, direct staff to inspect the Graham Street Apartment complex to deter-
mine if t~ere are any violations of health or safety codes, and direct staff
to survey other jurisdictions which have enacted an ordinance relative to
monitoring, measuring or controlling rents, with the staff report to be pre-
sented at the March 26 meeting.
PRESENTATIONS: Mayor Hudson presented Resolutions of Commendation to former
Youth Commissioners in appreciation for their service to the community. Br~an
Cardoza, former Chairman of the Youth Commission, thanked the Council for pro-
viding them with the opportunity to serve the community and stated he hoped
funds would be available to form another commission which is needed for the youth
of the community.
City Council Minutes March 12 1979
'
Mayor Hudson opened the following Public Hearings and requested that Item
#19 be taken out of order:
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-6
AND TENTATIVE TRACT MAP NO. 10678 (6382 ORANGE AVENUE);
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-3 (5401 - 5411
ORANGE AVENUE).
CONSIDERATION OF REDEVELOPMENT AGENCY FOR THE CITY OF CYPRESS: The City
Manager transmitted a report from the Administrative Coordinating Team dated
March 6, regarding this item. Councilman Rowan requested that this matter
be scheduled for a public hearing. The City Manager requested that the
Council submit their questions or concerns regarding this item so tbat staff
may respond with a report prior to the hearing. He also suggested that
the hearing on Conditional Use Permit #79-3 be continued because of its
relationship with this item.
Councilman Lacayo felt the Council should first make a determination on the
redevelopment agency proposal before considering the use permit application.
Councilwoman MacLain indicated she did not support a redevelopment agency
as proposed for the Civic Center area and she questioned whether the City
should pursue its past policy of land acquisition in the Civic Center area
based on Proposition 13. She felt the redevelopment concept could be
applied to other parcels in the City. In regard to the use permit appli-
cation, she expressed objection to City interference in free enterprise and
she noted the appiication appeared consistent with the zoning of the property
and compatibie with the purpose of the Civic Center overlay concept.
Fo[lowing further discussion, it was moved by Mayor Hudson and seconded by
Councilman Rowan to schedule a public hearing for March 26 to consider a
redevelopment agency for the City of Cypress. The motion carried by the
following roll call vote:
AYES: 4 COUNCIL MEMBERS:
NOES: l COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Evans, Lacayo, Rowan and Hudson
MacLain
None
It was moved by Mayor Hudson and seconded by Councilwoman Evans to continue
the public hearing regarding Conditional Use Permit No. 79-3 to the Aprii 9
meeting. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL M~MBERS:
0 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
Evans, Lacayo, MacLain, Rowan and Hudson
None
None
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-6 AND TENTATIVE
TRACT MAP NO. 10678 (6382 ORANGE AVENUE): Mayor Hudson opened the hearing and
asked for the staff report.
The Planning Director presented a report dated March 2, describing the application
which proposes the establishment of a 20-unit townhome condominium project at
6382 Orange Avenue in the RM-20/A Residential Multiple Family Zone. He also
presented a site plan, the tentative tract map and slides of the subject property
and surrounding area. Mr. Hawley reported this hearing was delayed in order to
allow modification of the plot plan which resulted in a divided driveway approach
in order to preserve the Palm trees on the property. The modified plan provides
better on-site parking and traffic circulation. He stated no written or oral
communications were received regarding the application. In response to a
question from the Mayor, Mr. Hawley reported the proposed recreation area would
be large enough to accommodate a 30' by 40' swimming pool combined with lands-
caping, or a spa, barbeque or picnic tables. He also reported that the Traffic
Engineer reviewed and accepted the plans and staff did not feel the Palm trees
presented a traffic hazard. He indicated one tree may have to be removed to
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City Council Minutes March 12, 1979
provide for the drive access and removal of any tree must be authorized by
the Council.
Mayor Hudson asked if the applicant wished to speak.
Mr. Phillip Oliver, 300 Ocean, Seal Beach, the applicant, stated their plans
were described by the Planning Director. He presented a colored rendering
of the project and reported they hope to sell the units for about $70,000.
Mr. Gordon Ling, architect, responded to questions regarding design of the
project. The Council held discussion regarding the use of concrete versus
asphalt for paved interior areas of the project, particularly on the approaches
to the ~ndividual units, and felt that concrete would be longer lasting and
more aesthetically desirable and maintenance free than asphalt, without
~ignificantly increasing the purchase price of the units.
Mayor Hudson asked if anyone wished to speak in support of the application.
Mr. Ed Clark, 9712 Walker, Cypress, spoke in favor of the project and felt
c~ncrete paving would add to the aesthetics of the complex. He reported they
l~ave experienced maintenance problems with the asphalt in the rear of their
condominium project.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, suggested that shake roofs be
used on !he project instead of tile roofs because of the possible danger of
fail[ag tiles during earthquakes.
Msyor Hudson asked if anyone wished to speak in opposition to the application.
No o~]e 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 Resolution by title only, title as
follows, approving Conditional Use Permit #79-6 subject to the conditions listed
in R~'solution #2079 with an additional condition requiring the use of concrete
paving s~bject to the approval of the Planning Director:
RESOLUTION NO. 2079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 79-6 - WITH CONDITIONS.
'I'~e mot[~n una~imously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
Evans, Lacayo, MacLain, Rowan & Hudson
None
None
The Council recommended that the use of concrete paving be made a standard
conditio~ for condominium projects and they requested that staff reevaluate
th:is development standard.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 2080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 10678 - WITH CONDITIONS.
'~he motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
None
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C~uncil Minutes
March 12, 1979
Mr. Bill Planche, representing Fantastic Properties, Inc., spoke in regard to
the hearing on Conditional Use Permit #79-3 which was continued by the Council
and reported that the property is in escrow and the buyer has expended about
$2,000 for plans. He felt the Council should be aware of the cost factors
involved. The Council invited Mr. Planche to attend the hearing on April 9 and
present his information.
MINUTES: It was moved by Councilwoman MacLain, seconded by Councilman Lacayo
and unanimously carried to approve the minutes of February 13 and February 26.
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. Hearing
no objections, Mayor Hudson added Item #14a regarding a resolution requesting an
amendment to the Labor Code and Item #14b regarding a resolution pertaining to
the football program at Cypress College. Councilman Rowan requested the removal
of Item #11, Consideration of Appropriation to Replace Two Traffic Counters, and
Item #12, Consideration of Appropriation of Funds for Senior Nutrition Program
Filing Cabinet. He stated he would investigate the possibility of sharing the
traffic counter equipment with the City of Cerritos and obtaining a filing
cabinet from a contractor who has surplus cabinets. The Council agreed to approve
the appropriation for the filing cabinet and requested that Councilman Rowan
report back on his suggestion. With regard to Item #14b, Councilwoman Evans
reported on discussions she had with Cypress College faculty regarding the
proposed elimination of the football program. She reported that several
athletic programs eliminated at Cypress College would be maintained at Fullerton
Jr. College and vice versa, and therefore a football program would still be
offered to the Community College District. Councilman Lacayo favored adoption
of the resolution and felt it lent support to Cypress residents who have expressed
concern over elimination of the football program. The Council removed Item #14b
from the Consent Calendar for further discussion.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve
Items #2 through #14a on the Consent Calendar with the exception of Items #11
and #14b. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ASSENT:
5 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
Evans, Lacayo, MacLain, Rowan & Hudson
None
None
Item #2: Motion to Introduce and/or Adopt all Ordinances Presented for Consider-
ation by Title Only, and to Waive Further Reading.
Item #3: Consideration of Employment List - Stenographer.
Recommendation: That the City Council certify the employment list for the
position of Stenographer as submitted.
Item #4: Consideration of a Request to Proclaim the Week of March 11-17, 1979
as Quality Week.
Recommendation: That the Mayor and City Council officially proclaim the week
of March 11-17, 1979 as "Quality Week" in the City of Cypress.
Item #5: Consideration of Request for Chief Duke to Attend the 1979 Annual
Conference of the California Peace Officers' Association.
Recommendation: That the City Council authorize Chief Duke to attend the 1979
Annual California Peace Officers' Association Conference in San Mateo County on
May 20-24, 1979 and that he be reimbursed for all his actual and necessary
expenses.
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City Council Minutes
Marchf!2~=1979
Item #6: Consideration of Adoption of the Ordinance Changing the Name of the
Recreation and Park Commission to the Recreation and Community Services
Commission.
Recommendation: That the City Council approve the first reading of the follow-
ing Ordinance by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ARTICLE VI OF CHAPTER 2 OF THE CYPRESS CITY CODE
CHANGING THE NAME OF THE RECREATION AND PARKS COMMISSION
TO THE RECREATION AND COMMUNITY SERVICES COMMISSION.
Item #7: Consideration of a One Year Extension of the Animal Control Services
Agreement.
Recommendation: That the City Council approve the extension of the contract
between the City and Orange County for Animal Control Services for a period
commencing July 1, 1979 and terminating June 30, 1980, with no change in the
terms or co~ditions, and authorize the Mayor to sign and the City Clerk to
attest the subject extension.
item #8: Consideration of Authorization to Change the Deductible on the City's
Buildings Fire and Earthquake Insurance Renewal.
Reco~endat£on: That the City Council authorize the staff to renew the City's
Aetna Fire and Earthquake Insurance Policy with a $10,000 deductible at an annual
premium of $17,151.
Item #9: Consideration of Conditional Use P~rmit No. 78-3 and Tentative Tract
Map No. 10411.
Reco~endation: That the City Council grant an extension time of six months
for the initiation of the development program authorized under Conditional Use
Permit #78-3, which six month extension shall expire on October 26, 1979.
Item #10: Consideration of Detachment No. 79-1.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0¥ CYPRESS
MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION
OF ORANGE COUNTY FOR THE INITIATION OF PROCEEDINGS FOR THE
DETACHMENT OF CERTAIN TERRITORY FROM THE CYPRESS COUNTY
WATER DISTRICT.
Item #12: Consideration of Appropriation of Funds for Senior Nutrition Program
Filing Cabinet.
Recommendation: That the City Council, acting as the ex officio Board of
Directors of the Cypress Recreation and Park District, appropriate $130 for the
purpose of purchasing a filing cabinet for the Senior Nutrition Program for
which the grant program will reimburse the District $99.
Item #13: Consideration of Appropriation of Funds for Police Gas Masks.
Recommendation: That the City Council appropriate $750 for the purposes of
purchasing fourteen (14) gas masks for the Police Department.
- 5 -
City Council Minutes March 12, 1979
238
Item #14:
Weiman.
Consideration of Receipt of $15 Contribution from Dr. Ginda Shore
Recommendation: That the City Council, acting as the ex officio Board of
Directors of the Cypress Recreation and Park District, accept the $15 donation
given to the Cypress Recreation and Park District by Dr. Weiman in support of
the Senior Nutrition Program.
Item #14a: Consideration of Resolution Requesting an Amendment to Section 3202
of the Labor Code of the State of California. (Dealing with on the job injuries/
workmens' compensation for public employees.)
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REQUESTING AN AMENDMENT TO SECTION 3202 OF THE LABOR CODE
OF THE STATE OF CALIFORNIA.
In regard to Item #13 on the Consent Calendar concerning purchase of gas masks
for the Police Department, Mr. Lou Santo, 10443 Camden, Cypress, questioned the
need for the gas masks and expressed concern over a possible duplication of
efforts between agencies like the Police and Fire Departments and a SWAT team.
Chief Duke reported on occasions when the gas masks would be needed by the
Police Department.
In regard to Item #14b on the Consent Calendar, Mrs. Carrie Okamura, 6161 Leyte,
Cypress, and Ms. Jeri Lee spoke in support of the need to continue the football
program at Cypress College. Councilman Lacayo suggested a change in wording in
the resolution to substitute "football program" for "athletic program".
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 2083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS IN
SUPPORT OF THE CONTINUATION OF THE FOOTBALL PROGRAM AT
CYPRESS COMMUNITY COLLEGE.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
Evans, Lacayo, MacLain, Rowan & Hudson
None
None
RECESS: Mayor Hudson called a recess at 8:50 p.m. The meeting was called back
to order at 9:05 p.m. with all Council members present.
In regard to Item #11 on the Consent Calendar, Consideration of Appropriation
to Replace Two Traffic Counters, it was moved by Councilman Rowan, seconded
by Councilwoman MacLain and unanimously carried to continue the item to the
March 26 meeting pending an investigation of sharing equipment and submittal
of a report by Councilman Rowan.
CONSIDERATION OF EMPLOYMENT OF FOUR PART-TIME TRAFFIC CONTROL AIDES IN THE
POLICE DEPARTMENT: The City Manager presented a report dated March 8 indicating
the traffic control aides would be used to relieve regular full-time officers
for traffic control at the Race Track and Cypress College and to reinstitute the
enforcement program for the street sweeping parking prohibition. Staff indicated
this was a pilot program for the remainder of this fiscal year and, if success-
ful, it would be requested in the next budget.
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City Council Minutes March 12, 1979
It was moved by Councilwoman MacLain and seconded by Councilwoman Evans to
authorize the employment of four (4) part-time Traffic Control Aides in the
Police Department. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
Evans, Lacayo, MacLain, Rowan & Hudson
None
None
CONSIDERATION OF PROGRAM TO EMPLOY TEMPORARY HELP IN THE PUBLIC WORKS DEPARTMENT:
The City Manager presented a report from the Public Works Director dated March 8
which described the proposal to employ temporary personnel. The staff reported
this was a trial program and would not take effect until additional existing
personnel are lost.
it was moved by Councilman Lacayo and seconded by Councilwoman Evans to
authorize employment of temporary help in the Public Works Department as
outlined in the staff report. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
Evans, Lacayo, MacLain, Rowan & Hudson
None
None
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 #51525 through #51654 in the total amount of $414,800.63. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
Evans, Lacayo, MacLain, Rowan & Hudson
None
None
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT CO~ERCIAL WARRANT LIST:
It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to approve
the District WarrentList for Warrants #8975 through #9015 in the total amount of
$28,490.81. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
Evans, Lacayo, MacLain, Rowan & Hudson
None
None
Mayor Hudson transmitted information to the Council regarding League City
Selection Committee issues which will be considered in April and asked for
Council direction regarding voting on the various issues. He also transmitted
letters of support for nominees to various agencies which were received from
other cities and he asked to be advised if any of the Cypress Council members
are interested in serving.
ORAL COb~IUNICATIONS: There were no oral communications presented at this time.
EXECUTIVE SESSION: Mayor Hudson called an Executive Session at 9:20 p.m. to
discuss matters of personnel and litigation. The meeting was called back to
order at 10:20 p.m. with all Council members present.
Councilwoman Evans stated she would provide the Council with an informational
booklet regarding use of advisory committees and material regarding interviews
of consultants. Mayor Hudson discussed his recent attendance at the National
League Conference in Washington and stated he would support Council out-of-town
trips in the future on important issues if it is in the best interests of the
community. The Mayor advised the Council of information he obtained in Washington
concerning the Prado Dam project and President's water policy. He recommended
that the Council keep apprised of this policy. The Mayor stated he had a tape
recording of one conference session regarding U.S. housing projections which may
be of interest to the Council. He reported that Congressman Patterson had
offered his assistance with the City's electric vehicle proposal which could be
rewritten and possibly meet the criteria for future funding.
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City Council Minutes
March 12, 1979
ADJOURNMENT: It was moved by Mayor Hudson, seconded by Councilwoman Evans and
unanimously carried to adjourn the meeting at 10:30 p.m. to Monday, March 19
at 7:30 p.m. in the Administrative Conference Room.
MAYOR OF THE C~TY OF CYPRESS
/
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
8