Minutes 76-08-09MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
August 9, 1976
The regular meeting of the Cypress City Council was called
to order at 6:40 p.m. on Monday, August 9, 1976 in the Cypress
City Council Chambers, 5275 Orange Avenue, Cypress, California,
Mayor Alice MacLain presiding.
PRESENT:
ABSENT:
Councilmen Harvey, Hudson, Lacayo and MacLain
Councilwoman Sonju
Also present were Darrell Essex, City Manager/City Clerk, John
Murphy, City Attorney, and the following City staff members:
Bryant, Duke, Hawley, Powell and Schatzeder.
PLEDGE OF ALLEGIANCE: The pledge to the flag was led by the
Recreation and Park Director.
MINUTES:
It was moved by Councilman Hudson, seconded by Councilman Lacayo
and unanimously carried to approve the minutes of July 20 and 26.
STAFF REPORTS & DISCUSSIONS: At the City Manager's request,
the Mayor added the following items to the agenda: Item #1la
regarding Final Tract Map #9289, and Item #1lb regarding confirm-
ation of the City's appointment to the Orange County Health
Planning Council. The City Manager also transmitted materials
regarding several agenda items. He requested an executive
session for personnel and litigation matters.
CONSIDERATION OF PRESENTATION ON THE THIRD YEAR PROGRAM FOR
HOUSING & COMMUNITY DEVELOPMENT: Mr. Reed Flory, senior planner
for the County of Orange, 811 N. Broadway, Santa Ana, reported
on the third year block grant program under the Housing and
Community Development Act. He reported the target grant amount
for the City of Cypress is $170,000. Mr. Flory outlined require-
ments for the third year program which included more agressive
citizen participation and a reexamination by cities of their
housing assistance plans which are required to identify and
address housing and community development needs. Mr. Flory
reminded the Council that the City's proposal for third year
funding is due by the end of November.
Hearing no objections, the Mayor took Item #29 out of order.
CONSIDERATION OF COMMERCIAL DEVELOPMENT AT THE SOUTHWESTERLY
CORNER OF VALLEY VIEW STREET AND BALL ROAD--MERVYN'S: The
Planning Director summarized a report dated August 5 which
responded to concerns expressed by property owners located
south of Mervyn's development relating to privacy and accessi-
bility to the shopping center. The specific concerns outlined
in a letter dated August 2 and signed by seven property owners
on Marion Avenue were that: the wall separating the commercial
and residential developments appeared to be lower because of
the raised grade on the commercial side and contributed to an
invasion of privacy, the lack of a pedestrian wall opening to
Mervyn's led to persons climbing the wall and a further invasion
of privacy, the five foot landscaped zone was not enforced
between the commercial and residential developments, and the
Eucalyptus trees shed their leaves creating a problem for
persons with a pool. The residents asked that a redwood wall
extension be installed by the developer, that a pedestrian
opening be provided in the wall, that the five foot landscaping
buffer be enforced and that Cypress Leylandi trees be planted
7 1/2 feet on center adjacent to the wall to provide screening.
City Council Minutes August 9, 1976
The staff report indicated that a pedestrian accessway in the
wall was proposed but, at the request of property owners to
the west of Mervyn's, the Planning Commission changed the
development plans to eliminate the opening. Staff recommended
that if an opening is to be provided it be located opposite
the southerly right of way line of Stratmore Avenue where a
pedestrian crossing is available at the intersection of
Stratmore and Condee Street. Staff concurred with the request
to plant Cypress Leylandi trees 7 1/2 feet on center to provide
additional screening. The Planning Director indicated that
the five foot landscaped zone which the residents requested be
enforced was a guideline and not an absolute standard of the
Zoning Ordinance. He indicated there are often mitigating
factors which justify a reduction in this landscaped area
such as separation of commercial buildings from residential
uses, drainage requirements and other improvements on commer-
cial property, and the application of Section 17.7 of the
Zoning Ordinance. He reported all the mitigating factors
were applicable to this case and the actual landscaped area
was 4 feet rather than 5 feet in width.
The following persons spoke in regard to the concerns outlined
in the letter:
Mr. and Mrs. Leif Wicks, 5891 Marion Avenue
Mr. Archie DeFoe, 5941 Marion Avenue
Mr. Harry Martina, 5931 Marion Avenue
Mr. Don Irvin, 5971 Marion Avenue
Ms. Mary Goodner, 5752 Marion Circle
It was moved by Councilman Hudson and seconded by Councilman
Lacayo to request the developer of the shopping center to plant
Cypress Leylandi trees 7 1/2 feet on center adjacent to the
southerly wall, construct a redwood extension on the wall with
the concurrence of all property owners, provide a pedestrian
accessway in the wall at the location recommended by staff, and
that the staff negotiate with the developer to deduct these
extra costs from the developer's cost for Valley View median
construction and landscaping, and direct the Planning Commission
to undertake a study of the zoning requirements for commercial
development with the possibility of tightening the restrictions
in order to prevent problems such as those experienced with the
Mervyn's development, and that the Commission specifically
study alternatives to prevent noise or privacy problems for
those residents to the west of the shopping center who will be
adjacent to the future satellite stores.
The Planning Director reported that an agreement was reached
with these property owners who signed letters agreeing to an
extension on the wall separating the residences from the
proposed satellite stores.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Harvey,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
Hudson, Lacayo & MacLain
Mayor MacLain also suggested that the staff check the develop-
ment requirements for the office building development which
is being constructed on Orange Avenue opposite the Civic Center.
Mayor MacLain noted that it was time to conduct the public
hearings. She opened the following hearings and continued them
until later in the meeting:
CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR
SPECIAL PERMIT, VICTOR K. LIPTON, ZODIAC BRACELETS;
City Council Minutes
August 9, 1976
CONTINUATION
AMENDMENT TO
AVENUE STUDY;
OF CONSIDERATION OF PUBLIC
THE ZONING ORDINANCE ~76-3
HEARING RE:
- LINCOLN
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE:
ASSESSED VALUATION INCREASES AND THE PROPOSED SANITA-
TION SEWER AND RUBBISH COLLECTION CHARGES.
CONTINUATION OF CONSIDERATION OF LEASING THE OLD LIBRARY
FACILITY TO THE BOYS' CLUB OF CYPRESS: The City Manager
presented a report regarding thls matter dated August 5 and
reported the Anaheim Family YMCA was no longer interested
in submitting a proposal for use of the library building but
they were interested in use of the present Boys' Club facility.
Councilman Harvey reported he was contacted by Councilwoman
Sonju who was unable to attend this meeting and reported she
was under the impression this item had been continued to the
August 23 meeting. He reported she expressed concern that
organizations which previously expressed interest in the two
available buildings should be given an opportunity to express
their desires and these groups were the girls desiring a girls'
club, the Tri-Cities Fire Station and the Orange County Recrea-
tion Center for the Handicapped.
Mayor MacLain asked if a representative of the YMCA wished to
speak.
Mr. Ray Hansen, General Director of the Anaheim Family YMCA,
19401 Old Ranch Road, Yorba Linda, stated they supported the
Cypress Boys' Club getting started in the library building as
soon as possible in order to prevent the possibility of vandalism
in the building and he stated the YMCA would like the opportunity
to be able to use the present Boys' Club building. He felt
both organizations could co-exist in the City wwithout a dupli-
cation of programs and he stated the YMCA does not depend on
facilities for their operation.
Councilman Harvey suggested that
facilities at Cypress Elementary
renovation.
the YMCA investigate use of
School which is undergoing
Mr. Ed Krazel, representing Orange County Recreation Center
for the Handicapped, stated their organization is willing to
share the library facility as proposed by the Boys' Club. He
reported Straight Talk Clinic is planning to work with his
organization to provide referral services.
Ms. Karen Adler, 4609 Myra Avenue, Ms. Sharon Weeks, 4581
Myra Avenue and Ms. Karen Campbell, 10222 Barbara Anne, Cypress,
requested that consideration be given to providing a girls'
club in the City.
The Recreation and Park Director reported the Park District
provides programs for girls and does not discriminate against
age or sex in any activities. He noted the Cypress Boy's Club
is a privately organized and operated organization and receives
funds from United Way. He stated the District does not receive
ft~nding from this source and he felt the girls' club could not
be established through a public agency.
Mr'. Darrel Dzarstek, 4125 Ball Road, Cypress, president of
Cypress Boys' Club, reported that three of their Board of
Directors members are members of the Fullerton Girls' Club
and he offered the Boys' Club assistance in helping the girls
form their own club.
3 o
City Council
Minutes August 9, 1976
Mrs. Pat Tierney, 10442 Pompano, Cypress, member of the Boys'
Club Board of Directors and Cypress Woman's Club, stated the
only problem with the Boys' Club was that it was too successful
and had outgrown its facilities. She reported the Boys' Club
is attended every day, they do not want to refuse members and
they need to expand their program. She stated the Boys' Club
is able to pay the maintenance cost for the library building
and she urged the Council to approve their request for its use.
It was moved by Councilman Lacayo and seconded by Councilman
Hudson to reaffirm the Council's previous action and approve
a one year lease agreement with the Cypress Boys' Club for use
of the library facility at Moody and Myra, and that the Mayor
sign and the City Clerk attest the lease agreement, and direct
the staff to solicit proposals from community organizations
regarding use of the Boys' Club facility at Moody and Cerritos
for nonprofit community-type activities, with proposals to be
submitted within 30 days. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEN: Harvey,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
Hudson,
Lacayo & MacLain
Mr. Bob Larkin, 5455 Villa Way, representing the Anaheim Family
YMCA, asked that the staff prepare a report on a breakdown of
maintenance costs for the Boys' Club facility and he asked
when the proposals should be submitted.
Mr. Francis Tierney,
the City board up the
vandalism.
10442 Pompano, Cypress, recommended that
Boys' Club building to protect against
Councilman Harvey recommended that
private facilities, such as Cypress
able for use by community groups.
the staff's report
School, which may
investigate
be avail-
RECESS: Mayor MacLain called a recess at 9:00 p.m.
meeting was called back to order at 9:15 p.m. with
Sonju absent.
The
Councilwoman
CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL
PERMIT, VICTOR K. LIPTON, ZODIAC BRACELETS: Mayor MacLain
reopened the public hearing and asked for the staff's report.
The City Manager presented a report regarding this matter
dated August 4.
Mayor MacLain asked if the applicant was present. The appli-
cant was not present. The Council was advised that this was
the third hearing on the application and the applicant was
absent at all three hearings.
It was moved by Councilman Lacayo and seconded by Councilman
Hudson to close the public hearing and deny the application for
a special permit by Mr. Victor K. Lipton, 5985 Suva Street,
Cypress, based on the fact that the Council is unable to
determine that operation of the business will comport with
the peace, health, safety, convenience, good morals and general
welfare of the public. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEN: Harvey, Hudson, Lacayo & MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
City Council Minutes
August 9, 1976
CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING
ORDINANCE #76-3 LINCOLN AVENUE STUDY: Mayor MacLain reopened
the public hearing and asked for the staff's report.
The City Manager presented a report regarding this matter dated
August 4.
Mr. Alex Bell, Chairman of the Lincoln Avenue Action Committee,
9461 Grindlay Street, Cypress, presented the recommendations
of the Committee concerning proposed amendments to the Zoning
Ordinance relating to the construction, maintenance and amor-
tization of signs. Mr. Bell stated the sign problem on Lincoln
is so severe that it is almost impossible to describe and he
requested that the staff make its slide presentation.
The Planning Director presented slides showing examples of sign
problems and reported on the Committee's recommendations for each:
billboards left vacant for 60 days or more would have to be
removed within six months; billboards which are constructed on
several poles (such as telephone posts) would have to be con-
structed on two steel supports and billboards could not exceed
350 square feet which is standard size; the rear side of bill-
boards must be covered; off-site advertising on billboards for
residential projects must advertise projects within the City;
billboards and signs could not overhang into the public right-
of-way; multiple billboards on a site would be prohibited and
no new billboard would be allowed within 1500 foot radius of an
existing billboard; signs painted directly onto the side of a
building would be prohibited; and if a billboard is destroyed
by fire or other calamity to 50% or greater of its appraised
value it must be removed within a one year period.
Mr. Bell reported the Action Committee unanimously recommended
a one year amortization period for painted on signs, this pro-
vision is already contained in the Zoning Ordinance; a one year
amortization period for signs which project into the public
right-of-way; and the original Committee members recommended
a six month amortization for flashing signs. The three business-
men Committee members recommended a one year amortization period
for flashing and blinking signs. Mr. Bell asked the Council
to determine an amortization period for flashing signs and
adopt the amendments to the Zoning Ordinance as proposed.
The Planning Director stated the ordinance which was trans-
mitted to the Council was not in correct legal form and he
stated the City Attorney would draft the proper ordinance for
Council adoption based on their recommendations.
Councilman Hudson asked why painted on signs were being pro-
hibited and he felt this would limit the potential for legiti-
mate and reasonable advertising. The staff pointed out that
painted on signs are not always professionally done, they require
frequent maintenance, and if a painted on sign is obsolete its
removal usually requires the repainting of the entire side
of a building. Staff indicated that painted signs which are
contained in a frame and affixed to the building would be accep-
table and they noted that the current Zoning Ordinance prohibits
painted on signs and provides a one year amortization period.
Mayor MacLain asked if anyone wished to speak in favor of Zoning
Ordinance Amendment ~76-3. No one wished to speak in favor.
She asked if anyone wished to speak in opposition.
City Council Minutes
August 9, 1976
Mr. Lew Carlson, owner of Carlson's Garage, 5131 Lincoln, Cypress,
asked how certain provisions of the ordinance would affect his
signs. Staff indicated his free-standing sign would be permitted
and could be lighted but the signs painted onto the building would
not be permitted. Mr. Carlson felt certain painted on signs on
Lincoln were attractive and that it was unfair to generalize and
require removal of all signs. He stated several requirements
of the Lincoln improvement program would be hard on some businesses
and he asked the Council not to generalize and condemn situations
which exist for a majority.
Councilman Lacayo asked if the staff considered the complete
elimination of billboards. The Planning Director reported that
after considering this possibility, the Committee felt billboards
are a legitimate industry and their recommendation was an amor-
tization period for non-conforming billboards based on value.
An amortization period of one year was proposed for billboards
with an apraised value of less than $200; an amortization period
of three years was proposed for billboards with an appraised
value of more than $200. There was some discussion on this
provision of the ordinance.
Councilman lacayo recommended that the hearing be continued
until the staff reports back on a breakdown of costs of bill-
boards which will be affected by the ordinance.
It was moved by Councilman Lacayo and seconded by Mayor MacLain
to continue the hearing to the next meeting.
The City Attorney noted that the current Zoning Ordinance
prohibits the construction of billboards and requires amorti-
zation but the ordinance has not been enforced by the City.
The proposed ordinance would make billboards legal under certain
circumstances and would not affect any other signs except those
which flash, blink or are animated by lighting.
Councilman Hudson supported enforcement of the current ordinance
which he felt would remove sign clutter and confusion and remove
signs which advertise goods outside the City. He discussed his
concern about the elimination of painted on signs and felt there
was no difference between signs painted directly on a building
and those painted on a frame and affixed to a building. He
questioned the appropriateness of a prohibition which limits
the character of materials of signs and indicated he did not
wish to restrict creative and appropriate advertising which
might give variety and clarity to the street. He was also
concerned this might lead to an abundance of plastic signs.
An amended motion was moved by Councilman Lacayo, seconded by
Mayor MacLain to continue the hearing regarding Zoning Ordinance
Amendment ~76-3 to September 13 and request a staff report
on concerns expressed by the Council and a cost survey of bill-
boards in the City.
CONTINUATION OF PUBLIC HEARING RE: ASSESSED VALUATION INCREASES
AND THE PROPOSED SANITATION SEWER AND RUBBISH COLLECTION CHARGES:
The City Manager presented a report regarding this matter dated
August 5.
The Council determined that they had no objections to the
$ .50 proposed increase in the rubbish collection fee and noted
that the sanitation sewer fee would be considered in light of
the City's tax rate which is proposed to be established at the
August 23 meeting.
Mayor MacLain asked if anyone wished to speak in favor of the
proposed fees and if anyone wished to speak in opposition.
There was no one wishing to speak in support or opposition.
City Council Minutes
August 9, 1976
Hearing no objections, the Mayor ordered the following Ordinance
read by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING SECTIONS 12-6 AND 12-7 OF
THE CYPRESS CITY CODE RELATING TO THE COLLECTION
OF GARBAGE, RUBBISH AND WASTE MATERIAL.
It was moved by Councilman Hudson and seconded by Mayor MacLain
to approve the first reading of the Ordinance. The motion
carried by the following roll call vote:
AYES: 3 COUNCILMEN: Harvey,
NOES: 1 COUNCILMEN: Lacayo
ABSENT: 1 COUNCILMEN: Sonju
Hudson
and MacLain
It was moved by Councilman Lacayo, seconded by Councilman Hudson
and unanimously carried to continue the public hearing regarding
the sanitation sewer charge to the August 23 meeting.
CONSIDERATION OF A REQUEST TO CONSIDER THE INITIATION OF A
GENERAL PLAN AMENDMENT FOR THE PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF VALLEY VIEW & ORANGE AVENUE: The City Manager presented
a report dated August 5 which transmitted correspondence from
representatives of Coldwell, Banker & Company requesting the
city to initiate a General Plan amendment for the six acre
parcel at the southwest corner of Valley View and Orange Avenue.
A residential and general commercial use is proposed for the
parcel.
The Plannning Director advised that the Planning Commission is
considering the third amendment to the General Plan and that if
the Council wishes to allow this initiation it would either have
to be combined as an addendum to amendment ~3 or held in abeyance
until January, 1977 to be in conformance with state Planning Act
restrictions.
Mr. Rick Duggan and Mr. Wallace Limberg, representing Coldwell,
Banker & Company, reported they have been involved with the
property for one and a half years and during that time commer-
cial tenant interest has been expressed in only two acres.
They felt single-family would be preferable to multiple-family
development for the adjacent residents and Council. They
agreed with the concept of residential and commercial devel-
opment taking place at the same time. Mr. Jerry Reynolds,
representing the property owner, stated the owner will restrict
the possibility of developing one portion without the other
and if the City can enforce this requirement they will abide
by it. He reported the owner was interested in an all commer-
cial project but, because of the lack of tenant interest, found
this impossible. He felt the next best alternative was to
have a residential buffer and that single-family would be more
compatible than multiple-family residential. The speakers indi-
cated that the current commercial interest in the property
is for two acres. Mr. Reynolds asked that the Council consider
not acreages but the integrity of the development as a whole.
Councilman Lacayo indicated he was reluctant to support an
amendment without seeing a development plan and because of the
contradictions in the amount of commercial acres proposed.
Councilman Hudson was also conccerned that the commitment for
commercial use might keep decreasing. Mr. Reynolds stated the
reason a development plan was not submitted was because they
felt it was inappropriate and illegal under the provisions of
the State Planning Act.
City Council Minutes
August 9, 1976
The City Attorney advised that under the State Planning Act
the Council could consider the entire property as a specific
plan area which would allow a specific plan of development to be
submitted with the General Plan amendment application. Precise
performance standards could be applied to the specific plan.
Mr. Reynolds agreed to present a precise development plan
along with the amendment application if it is the Council's
desire.
Councilman Hudson suggested that a planned unit development
zone classification might be adopted for such cases and the
Planning Director stated the same thing can be accomplished with
a specific plan approach.
Mayor MacLain announced it was 11:35 p.m. The Council agreed
to continue with the agenda until 11:45 p.m.
It was moved by Councilman Harvey and seconded by Mayor MacLain
to initiate a General Plan amendment to consider the possibility
of allowing residential use on all or a portion of the property
located at the southwest corner of Valley View and Orange Avenue
and direct the staff to pursue a specific plan approach for
development of the property. The motion failed to carry by
the following roll call vote:
AYES: 2 COUNCILMEN: Harvey and MacLain
NOES: 2 COUNCILMEN: Hudson and Lacayo
ABSENT: 1 COUNCILMEN: Sonju
It was moved by Councilman Lacayo and seconded by Councilman
Hudson to receive and file the request. The motion failed to
carry by the following vote:
AYES:
NOES:
ABSENT:
2 COUNCILMEN:
2 COUNCILMEN:
1 COUNCILMEN:
Hudson and Lacayo
Harvey and MacLain
Sonju
The Council requested a report from staff regarding a new
procedure to consider General Plan amendment applications.
It was moved by Councilman Lacayo,
Hudson and unanimously carried to
agenda items to Tuesday, August 10
seconded by Councilman
continue the balance of the
at 6:30 p.m.
EXECUTIVE SESSION: Mayor MacLain called an Executive Session
for matters of litigation and personnel at 11:45 p.m. The
meeting was called back to order at 11:55 p.m. with Council-
woman Sonju absent.
ADJOURNMENT:
It was moved by Councilman Lacayo, seconded by Councilman Hudson
and unanimously carried to adjourn the meeting at 11:55 p.m. to
Tuesday, August 10, 1976 at 6:30 p.m.
ATTEST:
MAYOR OF TH~ CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS