Minutes 79-03-26MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
March 26, 1979
The regular meeting of the Cypress City Council was called to order at
6:30 p.m., on Monday, March 26, 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: Council Members: MacLain
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City
Attorney, and the following City staff members: Bryant, Davenport, Duke,
Hawley, Powell, and Schatzeder.
PLEDGE OF ALLEGIANCE: City Manager Darrell Essex led the pledge to the
flag.
COUNCILWOMAN MACLAIN ARRIVED AT 6:35 P.M.
ORAL COMMUNICATIONS: Mayor Hudson asked if there was anyone in the audience
wishing to speak in regard to any matter which was not on the agenda.
Mr. Gerald Mullen, 4190 Elizabeth Court, Cypress, requested that Item #11
be removed from the Consent Calendar for discussion~
PRESENTATIONS: Mayor Hudson presented a Community Service Plaque to former
Planning Commissioner Scott Adler. Mr. Adler expressed his appreciation of
the presentation.
MINUTES: Councilman Lacayo abstained on the approval of the February 28
Minutes since he was not present at that meeting. A motion was duly made,
seconded, and unanimously carried to approve the Minutes of February 28,
with Councilman Lacayo abstaining, and the Minutes of March 12~
Mayor Hudson asked if there were any additions to the agenda from the staff.
The City Manager requested an Executive Session for matters of personnel prior
to Item #27 dealing with the Basic Compensation Plans Resolutions°
Councilwoman MacLain requested that the letter from Mrs~ Hodge regarding drugs
paraphernalia be placed on the agenda. Mayor Hudson indicated that this would
be Item #31 on the agenda.
Mayor Hudson added Item #32 on the agenda regarding change of procedures by
the Animal Control personnel.
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 recommendations listed on the agenda.
Mr. Essex corrected a typographical error in the dollar amount of the claim
in Item #4 which should be $639.71 instead of $39.71.
Councilman Lacayo indicated for the record that he wished to cast a No vote
on Item #10 on appropriating any money for travel expenses.
It was moved by Councilwoman MacLain, seconded by Councilwoman Evans to approve
Items #2 through 18, with the exception of Item #11 on the Consent Calendar.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Evans, Lacayo, MacLain, Rowan and Hudson
None
None
City Council Minutes March 26, 1979
Item #2: Motion to Introduce and/or Adopt all Ordinances Presented for Con-
sideration by Title Only, and to Waive Further Reading°
Item #3: Consideration of Claims Submitted by Evelyn Brissenden, Attorney
at Law, on Behalf of Katherine D~ Hoffner, Katherine Ann Hoffner and
Brad James Hoffnero
Recommendation: That the City Council officially deny the subject claims
and refer the claims to the City's Claim Adjuster, Carl Warren & Co~, for
appropriate disposition.
Item #4: Consideration of a Claim Filed by Matthew Lynn Brooks.
Recommendation: That the City Council officially reject this late claim
pursuant to Government Code Section 911.2.
Item #5: Consideration of a Claim Submitted by Beverly Brazil on Behalf of
Ernest Brazil.
Recormmendation: That the City Council officially deny the subject claim and
refer the claim to the City's Claim Adjuster, Carl Warren & Co., for appro-
priate disposition~
Item #6: Consideration of a Request for Waiver of Admission Tax by the St.
Mary's Hospital Guild, Inc.
Recormnendation: That the City Council waive the admission tax requirement
for the Sto Mary's Hospital Guild, Inco, for the "Night at the Races" on
June 6, 1979, at the Los Alamitos Race Course°
Item #7: Consideration of ITT Telecommunications Equipment Maintenance
Agreement.
Recommendation: That the City Council authorize staff to enter into a
one-year full service maintenance agreement with the ITT Company for tele-
communications equipment°
Item #8: Consideration of a Resolution From the City of Stanton Supporting
and Implementing the Comprehensive Rehabilitation Services Amendments of 1978~
Recommendation: That the City Council go on record in support of the City
of Stanton's Resolution supporting and implementing the Comprehensive Reha-
bilitation Services Amendments of 1978.
Item #9: Consideration of Legislative Bulletins No. 10 and 11 From the League
of California Cities.
Recommendation: That the City Council direct staff to prepare appropriate
responses for the Mayor's signature to the appropriate State legislators
expressing the City's support of SB 110 and the City's opposition to SB 221
and SB 182.
Item #10: Consideration of Authorization for Councilwoman Evans to Participate
on the State Revenue and Taxation Policy Committee.
Recommendation: That the City Council authorize reimbursement for Councilwoman
Vickie Evans for any and all expenses incurred as a result of her participation
on the League of California Cities' Committee on Revenue and Taxation°
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City C~uncil Minutes March 26, 1979
Item #12: Consideration of Time Extension - Conditional Use Permit Noo 78-9
(6322 Orange Avenue)°
Recommendation: That the City Council grant a one-year time extension in which
to undertake construction of Conditional Use Permit Noo 78-9, which time
extension will expire on April 20, 1980o
Item #13: Consideration of Establishing a Recreational Scuba Course - Summer
of 1979~
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, ratify the
recommendation of the Recreation and Community Services Commission to establish
a Recreational Scuba Course for the summer of 1979 at $60 per student plus
any necessary maintenance surcharge~
Item #14: Consideration of Orange County FY 1979-82 Federal Aid Urban (FAU)
Program°
Recommendation: That the City Council adopt the Resolution stating that the
City will have funds available for the City's share of the cost of the two
improvement projects noted in the report, by title only, title as follows:
RESOLUTION NO~ 2085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
STATING THAT THE CITY'S SHARE OF MATCHING FUNDS WILL BE
AVAILABLE FOR THE VALLEY VIEW RAILROAD CROSSING PROTECTION
PROJECT (I~D. M017) AND LINCOLN AVENUE TRAFFIC SIGNAL UPGRADING
PROJECT (I~Do M016) o
Item #15: Consideration of Approval of Plans and Specifications, Certification
of Right-of-Way and Authorization to Advertise for Bids on Valley View Street
From Stanton Channel to Katella Avenue, City of Cypress Project Nov 7842-10-0973
& 0974.
Recommendation: That the City Council (1) Approve the Plans and Specifications
for improvement of Valley View Street from Stanton Channel to Katella Avenue,
Project Noo 7842-10-0973 & 0974, and authorize the City Clerk to advertise
for bids, with bid opening date to be set after receipt of approval from
the County of Orange; (2) Authorize the Mayor to sign the Right-of-Way
Certification and the City Clerk to attest.
Item #16: Consideration of Fiscal Year 1978/79 Arterial Highway Financing
Program Administration Agreement, Valley View Street from Stanton Channel
to Katella Avenue, City of Cypress Project Noo 7842-10-0973 & 0974.
Recommendation: That the City Council approve the Administration Agreement
for A.H.F~P~ Project No. 0973 & 0974, Valley View Street from Stanton Channel
to Katella Avenue, and authorize the Mayor to sign the Agreement and the
City Clerk to attest.
Item #17: Consideration of Request From SCAG for Adoption of Resolution to
Commit the City to Implement Actions in the 208 Plan.
Recommendation: That the City Council adopt the Resolution concerning the
implementation and enforcement of those elements of the South Coast Areawide
Waste Treatment Management Plan appropriate to its jurisdiction, by title only,
title as follows:
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City Council ~nutes March 26, 1979
RESOLUTION NO. 2086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONCERNING THE IMPLEMENTATION AND ENFORCEMENT OF THOSE
ELEMENTS OF THE SOUTH COAST AREAWIDE WASTE TREATMENT
MANAGEMENT PLAN APPROPRIATE TO ITS JURISDICTION.
Item #18: Consideration of Employment List for Engineering Aide.
Recommendation: That the City Council certify the employment list for the
position of Engineering Aide as submitted.
Concerning Item #11, Mr. Essex reported that Mr. Bill Lynde of the Com-
munity Advocate has requested the City's participation in a congratulatory
advertisement to be jointly sponsored by all cities in~nediately adjacent
to the City of Hawaiian Gardens for the City's Civic Center Dedication
scheduled for April 7, 1979. If all the cities participated, the cost
would be $60 each.
Councilwoman MacLain indicated that she would vote No on this issue and
suggested that perhaps a nice letter could be sent instead. She further
stated that although she was supportive of the Cormnunity Advocate and the
sister cities, if we are to do any comm~unity promotion she would like to
keep it in town.
Mr. Gerald Mullen, 4190 Elizabeth Court, Cypress, agreed with Councilwoman
MacLain and objected to participation of this type at the taxpayer's expense.
It was moved by Councilwoman MacLain, seconded by Councilman Lacayo and
unanimously carried to receive and file the request from the Community
Advocate to participate in a congratulatory advertisement for the City
of Hawaiian Gardens' Civic Center Dedication.
CONTINUATION OF CONSIDERATION OF RENTAL PROBLEM AT 9721 GRAHAM STREET: The
City Manager stated that since this matter was continued from the last meeting,
Mr. Hawley and his staff had attempted to obtain the requested information
as outlined in his report dated March 21, 1979. Mr. Essex indicated that
based upon the information obtained there was no evidence of rent gouging
at this time and staff had recommended to receive and file. He further
stated that a copy of this report had been forwarded to Mr. John West who had
brought this issue to the Council's attention at the last meeting.
Mayor Hudson asked if we had received any response from the tenants relating
to the report. Mr. Hawley said that no communications have been received.
Mayor Hudson asked if there was anyone in the audience wishing to speak on
this issue. There was none.
It was moved by Councilwoman MacLain and seconded by Councilwoman Evans to
receive and file this report.
Mr. Hawley indicated that he had a conversation with one of the tenants who
had approached the Council at the last meeting who had complaints on main-
tenance. Both Mr. Hawley and the Building Superintendent visited the site
and did not find any violations to the City Code other than a couple of
maintenance problems that come up on any property, which at the last visit
had been corrected. He indicated that the tenants were aware of the staff's
research and report and recommendation to receive and file.
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City Council Minutes March 26, 1979
246
The tenants arrived at this time. Mayor Hudson advised them that the Council
just had a staff review of the information that had been transmitted to the
tenants and that there was a motion on the floor to receive and file this
issue. Mayor Hudson asked if anyone wished to speak.
Mr. John West, 9721 Graham Street, Cypress, said that he was acting as the
spokesman for the tenants and submitted a list showing the rents in the
past, present and future, and also listed some maintenance problems. Mr.
West stated that he received the report for tonight's meeting and referred
to Section IV Rent - Vacancy which he felt did not identify which units
took families other than 9671 Graham and the Casa Grande Family unit. He
felt that the data was not complete at this point and also questioned the
statement that family units cost more to operate than non-family units.
The Planning Director stated that in discussions with apartment owners
and managers, family apartments are charged more for rents because general
maintenance and upkeep costs are higher. He indicated that from the
information obtained, it appears that the rental rates at 9721 Graham
were not out of line with other rates charged at other complexes since
family units are typically charged higher rates than adult complexes. He
further stated that regardless of whether it is a family project or adult
project, there is only a 1% vacancy factor in the City.
Mr. West further discussed his list of rents and complaints and asked
for possible Council reconsideratfon~
Councilwoman Evans referred to the chart submitted by Mr. West which listed
the increased amount effective in April, etc., which contradicts the data
received from the owner in his letter dated March 19, 1979, and requested
clarification of this statement.
In response to questions from Councilman Rowan, the Planning Director advised
that the C.U.P. for the Graham Street Apartments was approved in 1970 and
is about eight years old as far as occupancy. He also advised that some
of the apartments do have the classic ordinary garage with door closing
while others have carports which are constructed almost identical to the
garages without doors. Ail spaces are covered, with the exception of two
in the front and one in the rear area. Mr. Hawley further advised that
he believed the Zoning Ordinance required 1-1/2 parking spaces per unit at
the time this project was built.
Mr. John Cate, Trustee for the investors of the Graham Group,clarified his
letter to the tenants and stated the rent increases were staggered so that in
the event there are move-outs he did not want them to occur at one time and
over]osd the workforce which is rehabilitating the facilities. He stated his
Manager was instructed to discuss this issue with each tenant, that he wished
to keep the complex in the best condition possible, and that he wanted to be
apprised of any ~roblems which he would try to resolve.
Councilman Lacayo referred to a statement from Ray Maggi, President of the
Orange County Apartment Association, contained in the report concerning
Proposition 13 rebates and inquired whether Mr. Cate had given any rebates
or followed any of the three step tax-saving proposals.
Mr. Cate responded that they wanted to cooperate and pass any savings on
to the tenants but that he became the owner on January 3 and he has problems
meeting the loan corm~itment.
Councilman Lacayo requested some input on why there should or should not be
rent control and inquired whether Mr. Cate would have invested in the pro-
perty if he knew that Cypress would impose rent control.
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city Council Lnutes Mar h 26, 1979
Mr. Cate stated that he was in the investment business and that in the 2-1/2
months he has owned the apartments, he has spent thousand of dollars in repairs
to maintain the complex in top operating condition. He felt that his Manager
was on top of all situations and had been given full authority. He further
stated he pays for all the gas in the apartment house and in response to
Mr. West's question concerning the higher cost of family units, he stated
that there is definitely a 4-6% increase in operating costs for family units.
Mr. Cate stated that there were many desirable investment properties both
in and out of the State other than Cypress and that if Cypress did impose
rent control, the City would not attract investment dollars for a long
period of time.
Councilman Rowan referred to the list of repairs submitted by Mr. West and
since Mr. Cate had not seen the list suggested perhaps that this matter be
be continued and have the staff monitor the repairs.
Mr. West gave Mr. Cate a copy of the list.
Councilman Lacayo felt that the problem with housing is one of inflation and
increases in rents occur when new owners take over. He thought perhaps
we should research what type of controls we could impose on resales which
cause the inflationary spiral of rates. He indicated that he would like
more information on this matter from Mr. Ray Maggi, President of the Orange
County Apartment Association, and felt perhaps this matter should be
continued and not received and filed~
Councilwoman MacLain questioned the fact of controls, penalizing investors
and still continue to have a free enterprise system.
Councilwoman Evans stated that based upon her review of the report and testi-
mony presented she did not feel that there was any evidence of rent gouging.
She recognized the fact that they had a new owner who was trying to meet his
payments which resulted in the rent increases, however, it seemed to have
been adjusted appropriately. In reference to the repairs, she felt that
the owner was being very cooperative. She did not support any rent control
in Cypress at this time. She supported the continuance of this matter and
to monitor the repairs.
The motion to receive and file carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS:
NOES: 2 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
MacLain, Rowan and Hudson
Evans and Lacayo
None
PUBLIC HEARING RE: WEED ABATEMENT PROGRAM FOR 1979: Mayor Hudson opened the
Public Hearing and asked for the staff's report.
The City Manager presented a report from the Public Works Director dated
March 13, 1979, which indicated that the required affidavits of posting and
publications of the Public Hearing Notices are on file in the Office of
the City Clerk and no written communications have been received to date,
other than some individual owners who have called the Public Works Depart-
ment indicating that they would clean their own properties.
Mayor Hudson asked if there were anyone in the audience wishing to speak on
this subject.
Mr. Jess Black, Cypress, owner of three lots on Walker Street, addressed the
Council and stated that he had received a card notifying him of the meeting
tonight but the card did not state any deadline the property owner had in
order to clean his own property. He suggested that in the future a specific
date should be printed on the notification card. Mr. Black said that he
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C ~uncil
~ Minutes March 26, 1979
intended to have his property cleaned about a month ago but was unable to
do so due to the bad weather. He suggested that the enforcement of this
program should be delayed because of inclement weather, thus, giving
property owners the opportunity to clean their own property. He stated
that he would clean his own property.
In response to Councilman Rowan's inquiry regarding the 30-day notice, the
Public Works Director stated that there are 30 days notice between the
posting and the hearing in order to allow the property owners an opportunity
to abate their property. The purpose of the hearing tonight is to declare
that the properties are nuisances.
The City Manager advised that following the Council's action this evening
the contractor could start to abate the properties immediately.
In response to Mayor Hudson's comment regarding the form of the notification
card, the City Attorney stated that the form of the notice is prescribed
by Statute; however, there is no prohibition against adding a specific
date as to when the City would commence proceedings.
It was moved by Councilwoman MacLain and seconded by Councilman Rowan to
close the Public Hearing and adopt the Resolution declaring the weeds
on the parcels listed on the weed abatement roll to be a public nuisance
and ordering the abatement thereof, by title only, title as follows:
RESOLUTION NO. 2087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND
RUBBISN, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN
PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, AND
ORDERING THE ABATEMENT THEREOF.
The motion carried unanimously by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Evans, Lacayo, MacLain, Rowan and Hudson
None
None
RECESS: Mayor Hudson called a recess at 8:00 p.m. The meeting was called
back to order at 8:10 p.m., with all Council Members present.
PUBLIC NEARING RE: REDEVELOPMENT AGENCY FOR THE CITY OF CYPRESS: Mayor Hudse~
opened the public hearing and asked for the staff report.
The City Manager presented a report dated March 22 indicating the City Council
at its March 12 meeting requested that this matter be scheduled for a public
hearing on March 22. No communications were received regarding this matter and
the public hearing notice was transmitted to all property owners within the area
adjacent to the Civic Center since the original staff report suggested that this
area be included as a potential one for redevelopment. The Planning Director
summarized the original staff report dated March 6 prepared by the Administrative
Coordinating Team which described the possible application of a redevelopment
program for several land use alternatives in various areas of the City. He pre-
sented slides describing the characteristics of the area between the Civic Center
and Walker Street and slides showing examples of senior citizen complexes within
the County. A senior citizen complex was the project favored by the Team
which could be developed through redevelopment action. Staff recommended that
the Council adopt an ordinance declaring the need for and establishing a Redevel-
opment Agency for the City and direct the Administrative Coordinating Team to
prepare detailed recommendations for the designation of a Survey Area which area
should ~nelude those properties located between the Civic Center and Walker ~treet.
The Council addressed questions to staff regarding the Team report.
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City Council Minutes
March 26, 1979
Mayor Hudson asked if anyone wished to speak in support of establishment of a
Redevelopment Agency. No one wished to speak in support. He asked for speakers
in opposition.
Mr. Phil Planche, Fantastic Properties, Inc., 6692 Santa Barbara Avenue, Garden
Grove, representing the buyers and sellers of 5401, 5411, 5423 and 5425 Orange
Avenue just east of the Civic Center, stated he was not opposed to a redevelop-
ment agency and he felt the three land uses identified in the staff report were
good proposals. He reported that these properties have been sold and have been
in escrow for five months. He felt if redevelopment is considered for these
properties, that it would be only fair to the buyers and sellers that the Council
consider the face value of the properties and the $1850 in filing fees already
expended by the applicant for the conditional use permit, and that these figures
should be used in determining the purchase price of the properties and not eminent
domain. The City Attorney responded to Mr. Planche's concerns and advised him that,
if the City or Agency wished to purchase the properties, it would require an
independent appraisal to determine their fair market value and the City would be
required to make an offer equal to the fair market value prior to any action of
emlnent domain. He felt the properties' sale would be a good indication of their
value, which could also be of benefit to adjacent parcels. Mr. Planche inquired
about the time frame for redevelopment action and the staff reported on the earliest
dates when the purchase of property by the City/Agency could be initiated following
adoption of the ordinance and when eminent domain could be used following adoption
of a Redevelopment Plan.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, expressed objection to establish-
ment of a redevelopment agency and concern over the erosion of property rights
and removal of property from the tax rolls.
Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, inquired about displacement pay-
ments to property owners and whether there were time period or dollar amount
limitations. He suggested that the Council give maximum publicity to each stage
of the redevelopment process so that all residents are aware of the system and
the effects on taxation.
Ms. Mary Douglas, 9786 Kathleen Drive, Cypress, felt adequate senior citizen
programs are provided through the Community Center and community college. She
felt each resident of the community should receive a complete report on the
redevelopment proposal before the Council initiates action.
Mr. John Erskine, 508 9th Street, Huntington Beach, representing the owner of
two parcels immediately to the east of the library, stated the property owner
opposes establishment of a redevelopment agency adjacent to the Civic Center,
feels there is no necessity, and that development can be undertaken by private
enterprise.
Mr. Lou Santo, 10443 Camden Drive, Cypress, inquired about the City of Cerritos'
experience with their redevelopment agency and what advantages the City could
realize. Councilman Rowan provided a brief history regarding the establishment
of Cerritos' redevelopment agency which includes two project areas. With regard
to the Cerritos shopping center project area, he reported that public funds were
made available through bond sales to provide the public improvements for the
shopping mall which was developed by private enterprise. He stated revenue
generated by both project areas is used for public improvements throughout the
City and accounts for the lack of a property tax in Cerritos.
The Council held discussion regarding establishment of the redevelopment agency.
Mayor Hudson stated he.had several concerns regarding establishment of the agency
and he recommended that the staff initiate the study process, at the City's
expense, and that the Council not adopt the ordinance establishing the agency
until further information is provided the Council on a survey area and also on
the benefits versus liabilities to the community. Councilwoman MacLain inquired
if the sphere of influence of an agency could be extended in the future. The
City Attorney responded that an ordinance is necessary to adopt a redevelopment
plan and once the agency is activated, the same process is applicable to any
additions or deletions of territory or modification to the plan. The City Manager
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Council Minutes
March 26, 1979
pointed out that the ordinance merely acknowledges the fact that the City Council
is the redevelopment agency and it further activates the agency. Councilwoman
MacLain stated she opposed redevelopment action in the area adjacent to the Civic
Center and especially the use of eminent domain. She suggested that redevelopment
be directed towards the 70 acres of property near Katella and Valley View which
requires major public improvements to attract viable commercial and industrial
development. The City Attorney indicated that the lack of public improvements
and inability of the private sector to provide them in this area would meet only
one of several criteria necessary in defining blight. Councilman Lacayo expressed
concern over allocating funds for the studies in view of the uncertainty of the
budget, state assistance and possible need for residents to pay for services such
as lighting and recreation. He requested further information on the costs of the
studies and on what the agency will ultimately accomplish.
Mayor Hudson moved to close the public hearing and to direct the Team to prepare
detailed recommendations for the designation of a Survey Area which area shoold
include those properties located between the Civic Center and Walker Street.
The motion was not seconded.
Councilman Rowan spoke in favor of initiating the necessary procedures for the
agency and felt this action would not add to City costs or constitute a commit-
ment on the part of the City.
It was moved by Councilman Rowan and seconded by Councilwoman Evans to close the
public hearing and (1) order the following Ordinance read by title only, title
as follows, and approve the first reading of the Ordinance, and (2) direct the
Team to prepare detailed recommendations for the designation of a Survey Area
which area should include those properties located between the Civic Center and
Walker Street:
ORDINANCE NO.
A~N ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS DECLARING THE NECESSITY FOR A
REDEVELOPMENT AGENCY TO FUNCTION IN SAID CITY.
Councilwoman MacLain stated she opposed redevelopment for the area between the
Civic Center and Walker Street and she felt the primary area for redevelopment should
be along Lincoln Avenue, where the City bas already expended public funds to improve
the appearance of the street and aid sales tax generation, and in the area of
the Hyatt Die Cast property. Councilman Lacayo stated he did not support the
motion without having more information from the State on the City's revenue
picture and he did not support commiting the City's resources to this program
because of the need to tighten the City budget and possibly reduce services.
Mayor Hudson stated he did not agree with the procedural format of the motion
but he felt it was to the City's benefit to move forward with the analysis.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
2 COUNCILMEM~ERS:
0 COUNCILMKMBERS:
Evans, Rowan & Hudson
Lacayo & MacLain
None
RECESS: Mayor Hudson called a recess at 10:35 p.m. The meeting was called
back to order at 10:40 p.m., with all Council Members present.
CONSIDERATION OF TENTATIVE PARCEL MAP #79-1112 (5311 Lincoln Avenue): The
Planning Director presented his report dated March 20, 1979, regarding
Tentative Parcel Map #79-1112 which proposes the minor division of a single
1.12 acre parcel of land into two .56 acre parcels consisting of 100'
frontage along the northerly side of Lincoln Avenue at 5311 Lincoln, and
averaging i 480' in depth with frontage on Cypress Street at 5312. This
lot split is being proposed by the owner's authorized agent to facilitate
the sale of the property. Staff recommended approval of this Tentative
Parcel Map subject to the six conditions listed in the report.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain
to adopt the Resolution approving Tentative Parcel Map #79-1112 subject
to the six conditions listed in the staff report, by title only, title as
follows:
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City Council Minutes March 26, 1979
RESOLUTION NO. 2088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE PARCEL MAP #79-112 - WITH CONDITIONS.
Mr. Giron L. Grubbs, Grubbs Realty, 5406 Lincoln Avenue, Cypress, the appli-
cant, stated that he was purchasing Parcel #2 and objected to Condition #5
to reimburse the City for one-half the cost of the sewers installed on Cypress
Street which he felt was very unjust since that land has not utilized the
sewers connected to Lincoln and at the time Lincoln was widened, the pre-
vious owner paid a sum for that purpose. He further stated that the street
was developed for the purpose of the City Yard and a fair portion of that
property was either dedicated or condemned for that construction.
The Public Works Director advised that when Cypress Street was acquired,
the City paid for full right-of-way and installed curbs and gutters and
paved the entire street with money advanced from the General Fund. He
felt that the new developer is benefitting from this since the cost of street
improvements today is considerably higher. He indicated chat he did not
fee] that this was an unreasonable condition.
Considerable discussion was held regarding the payment of the sewer fee and
the possibility of establishing a private easement granted by the owner of
Parcel #1 to Parcel #2.
The motion to adopt the Resolution unanimously carried by the following
roil call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Lacayo, MacLain, Rowan & Hudson
None
None
CONTINUATION OF CONSIDERATION OF APPROPRIATION TO REPLACE TWO (2) TRAFFIC
COUNTERS: The City Manager presented a report from the Public Works Director
dated March 21, which indicated that the City of Cerritos has consented to
lend two traffic counters to the City for three months, beginning in June
1979 and, therefore, the previous request for authorization to purchase
is withdrawn.
It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to
receive and file the report on this matter. The motion unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Lacayo, ~acLain, Rowan & Hudson
None
None
CONTINUATION OF CONSIDERATION OF MORTGAGE REVENUE BONDS - AFFORDABLE
HOMEOWNERSHIP AND REHABILITATION PROGRam: The Citv Manager presented
a report from the Administrative Coordinating Team dated March 22 which
responded to questions posed by the Council at its March lO interview meeting
with financial consultants. The report provided a comparison of financial
consultant fees for a $10 million bond issue, the out-of-pocket expenses
which the City would incur at certain stages in the program prior to selling
bonds, and an example of a hypothetical bond lssue for the City and its
resulting benefits. Staff recommended that the Council proceed with the
program and select one of the financial consultants from the five firms
which were interviewed. Councilman Lacavo addressed questions to staff
regarding costs of the bond issue.
Mr. Jim Maylor, 10081 Valley View, Cypress, Branch Manager of Pasadena
Savings and Loan, discussed his concerns regarding negative imoacts of
mortgage revenue bonds on the state and national levels such as a disruption
of the private mortgage market and a worsening of the national budget deficit.
He stated the income limits for homebuyers subsidized by these programs
varies but all bond issues include moderate to high income families, with
some income limits as high as $50,000. He felt this type of approach does
not meet the needs of the low income segment of the population. He felt
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City Council Minutes March 26, 1979
such bond issues will impact the entire state and increase the interest
rate on municipal financing. He felt local bond issues could interfere
with or duplicate state programs and increase the cost of state issued
bonds. Mr. Maylor felt mortgage revenue bonds could worsen local housing
inflation pressures. He felt high priority should be given to this program
only if the needs are not being fulfilled by the private sector. Mr. Maylor
discussed his concerns with the Council.
Mr. Gerald Mullen, 4190 Elizabeth Court, Cypress, stated that while the
proposal has surface appeal, he was concerned about the affect of mortgage
revenue bonds on housing costs and on the negative rise in housing costs
which would result from speculative home buying.
Mr. Lou Santo, 10443 Camden Drive, Cypress, indicated he was concerned
with the intrusion into a program that is already being serviced by private
industry and he asked what the Council hoped to accomplish with the program.
He did not feel there was a problem with homes being able to sell in Cypress.
Mayor Hudson stated the aim was to maintain a balance within the community
and attempt to accommodate the housing needs of all economic segments of
the population. The program would make housing stock available to that
segment of the community which cannot meet current standards.
EXECUTIVE SESSION: Mayor Hudson called an Executive Session at 11:50 p.m.
to discuss matters of personnel. The meeting was called back to order
at 12:07 a.m. with all Councilmembers present.
Councilman Lacayo requested information to determine a competitive bid scale
for legal services which will be necessary for the bond program.
It was moved by Councilwoman MacLain and seconded by Councilman Rowan to
proceed with the program and that the Council select the firm of Stone
and Youngberg as the City's financial consultant for the Affordable Home-
ownership and Rehabilitation Program. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Lacay~, MacLain, Rowan & Hudson
None
None
CONSIDERATION OF CITY COUNCIL REORGANIZATION AND APPOINTMENTS: Mayor Hudson
stated that it had been a very great pleasure representing the Council for
the last two years and tendered his resignation as Mayor. He turned over
the meeting to the City Clerk who asked for nominations for the Mayor's
position.
Councilman Hudson nominated Councilman Rowan for Mayor.
Councilman Lacayo moved to close the nominations and elect Councilman Rowan
as Mayor by acclamation.
Hearing no objections, the City Clerk announced that Councilman Howard Rowan
was elected Mayor by acclamation and turned the meeting over to Mayor Rowan,
who asked for nominations for the position of Vice Mayor.
Councilman Lacayo nominated Councilwoman Evans for Mayor Pro-tem.
Hearing no objections, Mayor Rowan closed the nominations and declared the
election of Councilwoman Evans as Mayor Pro-rem by acclamation.
It was the general consensus of the Council to continue consideration of
Council appointments to the next meeting in order to allow the new May~r
time to review the appointments.
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City Council Minutes March 26, 1979
CONSIDERATION OF REPRESENTATIVES TO BE CHOSEN BY THE CITY SELECTION COMMITTEE:
Co~mcilwoman MacLain requested continuance of this matter to the April 9, 1979
Council meeting since additional letters of nomination~from other cities will
be received. She also asked the Council for a letter of support in her reap-
pointment as alternate to the Local Agency Formation Commission.
It was moved by Councilman Lacayo, seconded by Councilwoman Evans and unanimously
carried to continue this item to the April 9, 1979 Council meeting and direct
staff to prepare a letter of support for Councilwoman MacLain's reappointment
as an alternate to the Local Agency Formation Cormmission for the Mayor's sig-
nature.
CONSIDERATION OF ADOPTION OF RESOLb~IONS ESTABLISHING SALARIES AND WORKING
CONDITIONS FOR CITY AND DISTRICT EMPLOYEES: The City Manager presented
a report dated March 22, 1979, which represents the final action required
in the meet and confer process in accordance with ail of the Memoranda
of Understanding for salary and fringe benefits previously agreed'to,
including the Police Association. Staff recommmndation was to adopt the
subject Resolutions for City and District employees.
It was moved by Councilman Lacayo and seconded by Councilman Hudson to adopt
the following Rmsolutions, by titles only, titles as follows:
RESOLUTION NO. 2089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A BASIC COMPENSATION PLAN, ESTABLISHING
SALARIES FOR CITY EMPLOYEES PLACED UNDER THE BASIC
COMPENSATION PLAN; AND ESTABLISHING SALARIES FOR LIMITED
TERM AND TEMPORARY AND SEASONAL EMPLOYEES NOT PLACED
UNDER THE BASIC COMPENSATION PLAN.
RESOLUTION NO. 97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF
CYPRESS, ESTABLISHING A BASIC COMPENSATION PLAN, ESTABLISHING
SALARIES FOR MISCELLANEOUS RECREATION AND PARK DISTRICT
EMPLOYEES PLACED UNDER THE BASIC COMPENSATION PLAN; AND
ESTABLISHING SALARIES FOR TEMPORARY AND SEASONAL RECREATION
AND PARK DISTRICT EMPLOYEES NOT PLACED UNDER THE BASIC
COMPENSATION PLAN.
RESOLUTION NO. 2090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION NO. 1635, RULES AND REGULATIONS,
CHAPTERS 5 AND 9, CONCERNING HOLIDAYS AND SICK LEAVE
PAYMENT PLAN FOR EMPLOYEES OF THE CITY OF CYPRESS.
RESOLUTION NO. 98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF
CYPRESS, AMENDING RESOLUTION NO. 52, RULES AND REGULATIONS,
CHAPTERS 5 AND 9, CONCERNING HOLIDAYS AND SICK LEAVE
PAYMENT PLAN FOR EMPLOYEES OF THE CYPRESS RECREATION
AND PARK DISTRICT.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Evans, Hudson, Lacayo, MacLain and Rowan
None
None
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City Council Minutes March 26, 1979
258
CONSIDERATION OF APPROVAL OF COb~4ERCIAL WARRANT LIST: It was moved by
Councilwoman MacLain and seconded by Councilman Lacayo to approve the
Warrant List for Warrants No. 51655 - 51850 in the total amount of $221,930.18.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Evans, Hudson, Lacayo, MacLain and Rowan
None
None
CONSIDERATION OF SECOND READING OF AN ORDINANCE REGARDING CHANGING THE NAME
OF THE RECREATION AND PARKS COMMISSION TO THE RECREATION AND COMMUNITY SERVICES
COMMISSION: It was moved by Councilman Lacayo and seconded by Councilman
Hudson to order the following Ordinance read by title only, title as follows
and to adopt the Ordinance.
ORDINANCE NO. 638
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.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Evans, Hudson, Lacayo, MacLain and Rowan
None
None
CONSIDERATION OF APPROVAL OF RECREATION AND PARK DISTRICT COMMERCIAL WARRANT
LIST: Acting as the ex officio Board of Directors of the Cypress Recreation
and Park District, it was moved by Councilwoman Evans and seconded by Council-
man Lacayo to approve the District's Warrant List for Warrants No. 9016 - 9061
in the total amount of $28,425.70. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Evans, Hudson, Lacayo, MacLain and Rowan
None
None
In regards to Item #31 relating to the sale of drug paraphernalia, Council-
woman MacLain was advised that a copy of the City of Lakewood's Ordinance
had been obtained and kept on file in the City Manager's Office and that the
Mayor had transmitted a letter to Mrs. Hodge informing her that the City
would be monitoring the result of the subject litigation against the City
of Lakewood in order to determine what further action may be most appro-
priate to the City of Cypress. It was the general consensus to receive
and file this matter.
In regards to Item #32 concerning change of procedures by the Orange County
Animal Control personnel, the City Manager stated that the Animal Control
staff has advised that within the last 1-1/2 years their policy had changed
in regards to telephonic complaints. The complainant must now go personally
to the Santa Ana Office to register and sign a complaint at which time they
would attempt to resolve the problem. This procedure presents an incon-
venience to people who must take time off from work in order to file a
complaint. Councilman Hudson wondered whether or not the City should respond
at the local level and it was suggested that the complaint forms be kept
at the Police Department which is open 24 hours a day. It was the general
consensus of the Council to direct staff to contact the Animal Control
Shelter as to the possibility of having the complaint forms at the Cypress
Police Department for local residents to file their complaints. Councilman
Hudson requested that once this service is available that staff contact
Mr. Moody who had previously called him concerning a problem he had with
his neighbor's dog. Mr. Essex indicated that he would bring this matter
back to the Council's attention in the event the Animal Control personnel
did not agree to this provision.
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City Council Minutes
ORAL COMMUNICATIONS:
time.
March 26, 1979
There were no oral communications presented at this
ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilwoman
MacLain and unanimously carried to adjourn the meeting at 12:24 a.m.
MAWR'OF THE CITY OF CYPRESS
ATTEST:
CITY CLER~ OF TH~CITY OF CYPRESS
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