Minutes 77-05-09MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
May 9, 1977
The regular meeting of the Cypress City Council was
to order at 6:40 p.m. on Monday, May 9, 1977 in the
City Council Chambers, 5275 Orange Avenue, Cypress,
Mayor Donald Hudson presiding.
called
Cypress
California,
PRESENT:
ABSENT:
Councilmen Harvey, MacLain and Hudson
Councilmen Sonju and Lacayo
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 flag.
Councilman Harvey led the pledge to
Mayor Hudson asked if anyone wished to add an item to the agenda.
It was moved by Councilman Harvey, seconded by Councilwoman
MacLain and unanimously carried to add Item #20 regarding a
letter from Mr. Rogers concerning construction on Crescent
Avenue.
At the City Manager's request, Mayor Hudson added Item #9a to
the Consent Calendar regarding a proclamation for National
Handicapped Awareness Week, and Item #21 regarding an applica-
tion for an alcoholic beverage license premise to premise
transfer for the Stop and Go Market at 5011 Ball Road. The
City Manager also requested an Executive Session for matters
of litigation.
MINUTES:
Councilman Harvey stated he concurred with the minutes of
April 18 up to 7:05 p.m. which is the time he left the meeting,
and that he would abstain on the minutes of April 20 since he
was absent from that meeting.
It was moved by Councilman Harvey, seconded by Councilwoman
MacLain and unanimously carried to approve the minutes of April
18, April 20, April 25, and April 28, with Councilman Harvey
abstaining on the minutes of April 20.
CONSIDERATION OF AWARD OF CONTRACT FOR REPAIR OF HYDRAULIC
LIFT TRUCK: The City Manager presented a report from the Public
Works Director dated May 3 which recommended that the contract
be awarded to the manufacturer's sole representative in the area.
It was moved by Councilwoman MacLain and seconded by Councilman
Harvey to approve award of contract for replacement of the boom
on the hydraulic lift truck to Asplundh Equipment Sales and
Service Company, 2501 Tyler Avenue, E1 Monte, California, in
the amount of $2,945.43. The motion unanimously carried by
the following roll call vote:
AYES: 3 COUNCILMEN: Harvey, MacLain & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Lacayo & Sonju
City Council Minutes May 9, 1977
183
CONSIDERATION OF AWARD OF CONTRACT FOR THE CYPRESS RECREATION
AND PARK DISTRICT FALL~ WINTER AND SPRING ACTIVITY BROCHURE:
The City Manager presented a report from the Finance Officer
dated May 4 indicating bids were requested from three vendors
and two bids were received.
It was moved by Councilman Harvey and seconded by Councilwoman
MacLain that the City Council, acting as the ex officio Board
of Directors of the Cypress Recreation and Park District, accept
the bid from Sinclair Printing and Litho Inc., 666 Baker Street,
Costa Mesa, California, as the lowest responsible bid and award
them the contract in the amount of $3,024.00 plus applicable
sales tax. The motion unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEN: Harvey, MacLain & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Lacayo & Sonju
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 regarding each item. No Councilman wished
to remove an item.
It was moved by Councilwoman MacLain, seconded by Councilman
Harvey and unanimously carried to approve Items #3 through #9a
on the Consent Calendar.
Item #3: Consideration of a Communication from the City Council
of the City of Duarte Requesting Support for Assembly Bill 965
Which Deals with Funding for Youth and Family Projects.
Recommendation: Receive and file.
Item #4: Consideration of Local Agency Formation Commission
Policy on Bonded Indebtedness of the Cypress Recreation and
Park District.
Recommendation: Receive and file.
Item #5: Consideration of a Communication from the Orange County
Criminal Justice Council Requesting the Position of the City
in Reference to the Establishment of a Regional Criminal Justice
Training Center.
Recommendation: Receive and file.
Item #6: Consideration of Youth Commission Appointments.
Recommendation: That consideration of the Youth Commission
appointments be continued to the meeting of May 23, 1977.
Item #7: Consideration of Employment List Buyer.
Recommendation: That the City Council certify the employment
list for the position of Buyer as submitted.
Item #§: Consideration of a Request from the Orange County
Senior Citizens Program Office to Proclaim the Month of May,
1977, as "National Senior Citizens Month" in the City of Cypress.
Recommendation: That
month of May, 1977 as
City of Cypress.
the Mayor and City Council proclaim the
"National Senior Citizens Month" in the
· 18,'!
City Council Minutes
May 9, 1977
Item #9: Consideration of
Foreign Wars of the United
Cypress to Proclaim May 20
in the City of Cypress.
a Request from the Veterans of
States and the American Legion of
and May 21, 1977 as "Poppy Days"
Recommendation: That the Mayor and City Council proclaim May
20 and 21, 1977 as "Poppy Days" in the City of Cypress.
Item #9a: Consideration of a Request from the Rehabilitation
Institute of Orange County to Proclaim May 15 - 21, 1977 as
"National Handicapped Awareness Week" in the City of Cypress.
Recommendation:
15 21, 1977 as
City of Cypress.
That the Mayor and City Council
"National Handicapped Awareness
proclaim May
Week" in the
CONTINUATION OF CONSIDERATION OF "NO PARKING" BAN ON STREET
SWEEPING DAYS: The City Manager presented a report dated May 5.
It was moved by Councilman Harvey,
MacLain and unanimously carried to
May 23 meeting.
seconded by Councilwoman
continue this item to the
CONTINUATION OF CONSIDERATION OF "NO PARKING" AREAS ON VALLEY
VIEW STREET: The City Manager presented a report from the Public
Works Director dated May 3 regarding proposed street widening
improvements and "No Parking" areas and their affect on parking
for businesses located on the west side of Valley View Street,
south of Lincoln Avenue. Only one business would be affected
and the six parking spaces fronting the business which would
be eliminated could easily be provided elsewhere on the property.
Staff stated the street improvements alone would necessitate
removal of the parking along Valley View Street. Staff pre-
sented a map showing the location of proposed improvements and
the affected property.
It was moved by Councilman Harvey and seconded by Councilwoman
MacLain to adopt the following Resolution by title only, title
as follows:
RESOLUTION NO. 1857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ESTABLISHING "NO STANDING" ZONES
AND "NO PARKING" AREAS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: Harvey, MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Lacayo & Sonju
& Hudson
CONSIDERATION OF AN AGREEMENT WITH ORANGE COUNTY ENVIRONMENTAL
MANAGEMENT AGENCY FOR LANDSCAPING ON CRESCENT AVENUE: The City
Manager presented a report from the Public Works Director dated
May 3 indicating the EMA transmitted an agreement which proposes
the installation of landscaping on the south side of Crescent
Avenue, west of Sumner Street, where the Moody Creek Channel
crosses Crescent. The 600 square foot triangular area will be
improved with planter boxes and low maintenance landscaping.
If the City does not accept responsibility for the landscaping
and maintenance, the County will pave the area. The area is
adjacent to a Master Plan bike trail.
It was moved by Councilman Harvey and seconded by Councilwoman
MacLain to approve Agreement No. D-77-036 between the Orange
County Flood Control District and the City of Cypress for maint-
City Council Minutes
May 9, 1977
enance of a landscaped area on the south side of Crescent Avenue
at the Moody Creek Channel; and authorize the Mayor to sign
and the City Clerk to attest the agreement. The motion unani-
mously carried by the following roll call vote:
AYES: 3 COUNCILMEN: Harvey, MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Lacayo & Sonju
& Hudson
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was
moved by Councilwoman MacLain and seconded by Councilman Harvey
to approve the Warrant List for Warrants #45454 through #45582
in the total amount of $801,618.62. The motion unanimously
carried by the following roll call vote:
AYES: 3 COUNCILMEN: Harvey, MacLain & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Lacayo & Sonju
ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to
speak in regard to any matter not on the agenda. There was
no one who wished to speak.
Mayor Hudson introduced and welcomed Planning Commissioner
Ellen Friedmann.
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMER-
CIAL WARRANT LISTS: It was moved by Councilwoman MacLain and
seconded by Councilman Harvey to approve the District Warrant
List for Warrants #6547 through #6617 in the total amount of
$247,470.08. The motion unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEN: Harvey, MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Lacayo & Sonju
& Hudson
In regard to Item #20 concerning a communication from Mr.
Rogers regarding the construction on Crescent Avenue, west of
Acacia Drive, the staff reported on actions taken by the Police
and Engineering Departments to control the spilling of dirt by
the construction trucks and stated the entire problem cannot
be resolved by the City since the site is within another juris-
diction. The Public Works Director reported the problem began
about three weeks ago and involved dirt being left on the street
by trucks which were hauling in fill material. The contractor
complied for awhile with the City's request to water the street
for dust control. At the suggestion of the Police Department
the contractor also began using the alternate route of Bloomfield
Avenue. Staff stated this corrected the problem for about two
weeks but problems arose with the contractor doing the backfill
who was uncooperative. The City Attorney's office advised that
the trucks may use the streets as long as they do not speed or
cause damage. Last week, at the Police Department's suggestion,
a no parking area was posted on the south side of Crescent from
Acacia Drive to the County line and the Police Department insti-
tuted strict enforcement of speeding and the loading of dirt.
COUNCILMAN LACAY0 ARRIVED AT 7:10 P.M.
Councilman Harvey stated it appeared that staff had done all
that was legally possible to alleviate the problem.
]'8{{City Council Minutes May 9, 1977
It was moved by Councilman Harvey, seconded by Councilwoman
MacLain and unanimously carried to direct staff to send a
letter to Mr. Rogers outlining the steps taken by the Police
and Public Works Departments to alleviate the problem including
the consultation with the City Attorney regarding the City's
legal rights, and that a documentary letter be sent to the
five members of the Board of Supervisors describing the
problems the City has already experienced.
CONSIDERATION OF ANIMAL CONTROL SERVICES: The City Manager
presented a report dated May 6 which transmitted a communication
from Mr. Leonard Foster, Director of Animal Control for the
County, in response to the Council's concerns regarding animal
control services.
Mr. Leonard Foster responded to questions from the Council
regarding animal control services. He reported their office
responds to calls seven days a week between 8:00 a.m. and 5:00 p.m.
and calls outside this time period are referred to the local
Police Department who can contact their dispatcher. He stated
their office met with local Police Chiefs to explain their ser-
vices. He reported that in cases where an animal is found and
attempts are made to locate the owner, they do not release the
owner's phone number to guard against extortion and because it
may be an unlisted number. They also feel that releasing a phone
number is against the intent and spirit of the law since animals
at large are in violation of the City ordinance. He reported
that in the past their attempts to contact the owners by phone
have been unsuccessful in about 65% of the cases and often the
owners will be at the animal shelter looking for their animal.
He reported their door-to-door distribution of information on
licensing requirements and animal control services has a two-fold
purpose of trying to protect against rabies and to bring in
revenue. He reported that certain Supervisors feel that provi-
sion by the County of spaying clinics would constitute public
encroachment into a private industry field and many veterinary
clinics are competitive in price for services the County could
provide.
It was moved by Councilwoman MacLain, seconded by Councilman
Lacayo and unanimously carried to receive and file the matter.
In regard to Item #21 concerning an alcoholic beverage license
premise to premise transfer for the Stop and Go Market at S011
Ball Road, the Planning Director reported the transfer is for
a beer and wine only license to a full liquor license. He stated
he advised the ABC office today that he would like to investi-
gate whether the transfer will require the business to obtain
a conditional use permit or at least comply with Zoning Ord-
inance requirements. He stated the business can be made aware
of the need for better maintenance. The City Manager reported
the Police Department's investigation found no basis to protest
the granting of the license.
It was moved by Councilwoman MacLain and seconded by Councilman
Lacayo that staff notify the Alcoholic Beverage Control Board
that the City has no reason to protest the license based on
the background of the applicant but suggests that the applicant
contact the City Planning Department in order to comply with
local zoning regulations. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEN: Harvey,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
Lacayo,
MacLain & Hudson
City Council Minutes May 9, 1977
CONTINUATION OF CONSIDERATION OF ZONE CHANGE NO. 77-2 LINCOLN
AVENUE COMBINING ZONE: The Planning Director summarized a report
dated May 6 indicating that the City Council at its April 11
meeting considered the establishment of the Combining Zone for
deep lots along Lincoln Avenue and amendments to the Zoning
Ordinance which spell out the purposes and standards of the zone.
The City Council accepted the Planning Commission's recommendations
except for the requirement that the front 200 feet of deep lot
parcels be retained exclusively for commercial uses. The Council's
apparent concerns related to the possibility that commercial
development would occur in a strip fashion with no more depth
than 200 feet, and also to the need for a window or access for
potential non-commercial or residential uses at the rear of the
deep lots. The Planning Commission considered the elimination
of the 200 foot requirement and expressed serious concern that
this approach would not satisfy the basic objective of the Lincoln
Avenue Study which was to encourage and maximize commercial use.
The Commission's main concern centered around projects which in-
clude residential use and they felt a stipulation of a certain
amount of commercial in conjunction with residential is necessary
to preserve the integrity and objectives of the Study. The Com-
mission recommended the following amendment to the Zoning Ordinance:
"If any residential uses are proposed in conjunction with the
development of any deep lot which is located in the LC Zone,
the frontage of said parcel shall be developed with primarily
commercial uses for a minimum depth of 200 feet as measured
from the front lot line prior to or concurrent with the resi-
dential development." This recommendation differs from the
original wording suggested by the Commission in that it ties the
concern regarding residential development to a requirement that
commercial must take place prior to or concurrently with resi-
dential development and by including "primarily" in front of
"commercial uses" it will allow a "window" or exposure for non-
commercial or residential uses to the arterial. Transmitted
with the staff report were the proposed amendments to the Zoning
Ordinance text. The Planning Director stated that if the Council
agrees with the Planning Commission's recommendation, then the
ordinance establishing the overlay zone will have to be redrafted
to include the recommended wording and the ordinance will require
another first reading.
Councilman Lacayo asked why one Commissioner objected to the
proposed wording. Mayor Hudson stated he attended the Commission
hearing on this matter and that the one Commissioner felt the
200 foot requirement did not give sufficient latitude in designing
a parcel of property as a whole. The Commissioner suggested using
a certain percentage of land for commercial use rather than
requiring the front 200 feet for commercial and felt this would
give more latitude for design and allow for provision of exposure.
The Planning Director stated that if a development is proposed
involving a combination of parcels with commercial on the frontage
and residential to the rear with provision for exposure for the
residential on the frontage, then a trade could be expected where
the commercial is increased beyond the 200 feet. He stated it
would be difficult to determine an appropriate percentage to
require for commercial use without knowing the extent of what
combination of lots might occur and because of the different lot
depths and configurations. He stated the Commission's main
concern was that if there is no reference in the ordinance that
the City is trying to develop commercial uses or that they should
be an integral part of the overall development, then a developer
could propose residential development on an entire parcel.
Mayor Hudson indicated his concern with the 200 foot requirement
was that a developer could combine several deep lots, develop
the minimum 200 feet of commercial, and then place the maximum
City Council
Minutes May 9, 1977
amount of residential on the rear as the current housing market
demands. He was also concerned about the character of the resi-
dential development which would occur between the commercial along
Lincoln and the single-family developments to the south. Such
residential development could be landlocked with only one traffic
corridor exiting onto Lincoln Avenue. He cited the Warmington
property as an example where the adjacent property owners did
not want their streets to go through this property and there
was only one access onto Lincoln. He felt such landlocked
residential developments would create traffic flow and police
problems and a set of such nests would be negative to the
City's welfare. He suggested that residential standards
should be developed along with the commercial standards.
Councilman Lacayo stated he supported the Planning Commission's
recommendation and he felt it would be preferable to a developer
to have definite standards than a hazy situation where approval
of a project is left up to the discretion of the Planning Com-
mission and City Council. Mayor Hudson felt a developer would
take the same risk if he proposes the minimum amount of commer-
cial and the maximum amount of residential which the ordinance and
zoning currently permit, and the project is denied. He felt the
market situation was such that the City will not get more com-
mercial than the front 200 feet. He stated he intended to vote
no on the Planning Commission's recommendation since he was not
convinced it was the best solution but that he supported the
combining zone.
The Planning Director stated that the ordinance and proposed
amendments will provide more flexibility so that the City can
expect developments different from the Warmington project.
He stated if the overlay zone had been applied to that property
a better development could have occurred with such changes
as a secondary access being provided to Camp Street and a
trade off for exposure on Lincoln for the residential with
a greater depth of zommercial, lie stated the 200 feet was
not an arbitrary figure but was recommended by the Lincoln
Avenue Action Committee, composed mostly of businessmen, who
felt 200 feet was the minimum for a decent commercial develop-
ment recognizing Zoning Ordinance requirements. He noted that
not every lot in the overlay zone is conducive for residential
use at the rear in conjunction with commercial use because
some are too narrow with too little frontage. The Planning
Director noted that the overlay zone is a new approach which
may not work. He stated the first few applications will
give an indication of the type of development that will take
place. If developers are interpreting the requirement in
the strict sense by providing only the minimum amount of com-
mercial, and if development is not meeting the City's objectives,
then the proposal can be reconsidered.
It was moved by Councilwoman MacLain, seconded by Councilman
Lacayo and unanimously carried to receive and file the Planning
Commission's recommendation.
SECOND READING OF ORDINANCE RE: ZONE CHANGE NO. 77-2 - LINCOLN
AVENUE OVERLAY ZONE: The Planning Director reported that the
ordinance must be reintroduced with the inclusion of the amend-
ment as recommended by the Planning Commission. He stated staff
will prepare a final draft of the ordinance.
It was moved by Councilwoman MacLain and seconded by Councilman
Lacayo to reintroduce the ordinance including the amendments
recommended by the Planning Commission, order the Ordinance read
by title only, title as follows, and approve the first reading:
1 8 0
City Council Minutes
May 9, 1977
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING ORDINANCE NO. 559, THE
ZONING ORDINANCE OF THE CITY OF CYPRESS, BY
ESTABLISHING AN OVERLAY ZONE FOR VARIOUS PARCELS
ALONG LINCOLN AVENUE AND KNOWN AS ZONE CHANGE
NO. 77-2.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEN: Harvey,
NOES: 1 COUNCILMEN: Hudson
ABSENT: 1 COUNCILMEN: Sonju
Lacayo & MacLain
Mayor Hudson stated he did not oppose the 200 foot limitation
for commercial development but that he was concerned about the
quality and character of residential use that might be developed.
He stated he will be reviewing projects closely with particular
attention to access for the residents and that he will be opposed
to any type of sacking arrangement which creates little blind
nests of residential development within the City.
PUBLIC HEARING RE: BUSINESS LICENSE ORDINANCE: Mayor Hudson
announced that it was the time and place for the public hearing
to consider the proposed Business License Ordinance. He opened
the hearing and asked for the staff's report.
The City Manager transmitted a report dated May 5 and recommended
that the public hearing be closed and that the ordinance be read-
vertised for a public hearing at a later date after the staff has
prepared a new ordinance which has been reviewed by both the City
Council and the Chamber of Commerce in a workshop session.
Councilman Lacayo stated the Council's mutual
with the Chamber of Commerce was to close the
the item to a later date.
recommendation
hearing and continue
It was moved by Councilman Lacayo and seconded by Councilwoman
MacLain to close the public hearing regarding the proposed Business
License Ordinance and continue it for consideration at a later
date after further discussion with the Chamber of Commerce. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Harvey,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
Lacayo, MacLain
Hudson
CONSIDERATION OF APPEAL OF PLANNING COMMISSION ZONING DETERMINA-
TION: The Planning Director presented a report dated May 5
which indicated the Planning Commission on April 21 considered
a request for a determination as to the appropriate zone classi-
fication and standards for the display, sales, service and repair
of mopeds. The Commission determined that these activities should
be authorized in the CS-N-2A, CG-IO000 and CH-100000 Zones sub-
ject to the granting of a conditional use permit. The applicant
appealed the decision of the Planning Commission and indicated
they felt the activities involving mopeds should be permitted as
a matter of right in the CH-10000 Zone without the requirement
for a conditional use permit.
Mayor Hudson asked if the applicant wished to speak.
Mr. John Cipollone, 4164 Dogwood, Seal Beach, and Mr. William
Grimes, 5702 Holten Circle, Los Alamitos, stated they were the
applicants and property owners in Cypress. Mr. Cipollone reported
8 o
City Council Minutes May 9, 1977
that SB 671 effective January 1, 1976 defined mopeds as motorized
bicycles with registration and road use governed by the local
agency's bicycle laws. He felt the sales and service should
correspond with this designation and be viewed more as for
bicycles than motorcycles. He reported moped engines are 1 1/2
horsepower and of the size and power of a lawnmower, their noise
level is negligible, and mopeds are designed not to exceed 30
m.p.h. Their service will be for bicycle type repairs, not major
engine repairs. He reported that mopeds on display in the sales
area will have no gas. The several demonstrator models outdoors
will have gas and in the evening will be stored at the rear of
the property. No gas will be in the wood structure or in the
sales area. He felt the sales and uses are consistent with the
zoning regulations of the CH Zone. Mr. Cipollone read from SB
671 which outlined the age restrictions and licensing require-
ments for mopeds.
Mayor Hudson stated that the unique characteristics of the appli-
cant's property is not the Council's only consideration.
COUNCILWOMAN SONJU ARRIVED AT 8:35 P.M.
Councilwoman MacLain indicated the request must be considered
as it would apply to the commercial zones and not just the
applicant's property. She felt a moped engine may require repairs
and gas may be associated with this activity.
Mr. Cipollone stated any servicing would be conducted in a
separate structure from the sales area.
The Planning Director stated staff's concerns were that since
mopeds are a motorized bicycle the service may involve a high
noise level, odors, possibility of oil spills, and possibility
that test riding will occur in a residentil neighborhood for
which he felt a conditional use permit should be required for
control.
Councilman Lacayo asked why the applicants objected to a use
permit. Mr. Cipollone stated they were concerned about the time
factor and that they wanted to establish the business and take
advantage of the summer season approaching. The Planning Director
stated a public hearing for the conditional use permit could be
held at the Planning Commission's May 19 meeting.
Mr. Cipollone reported they have three buildings on their property.
The one adjacent to the street would be the sales area and the
building behind it, away from the street, is cement block and
metal and would be used for servicing and any gas and oil would
be confined to this area.
Mayor Hudson pointed out that if the property was sold, and
without a use permit, the City would be unable to control the
use of those buildings as described by the applicant. He stated
he supported the requirement of a use permit to offer control.
Mr. Cipollone asked if
use permit requirement
only, with sales to be
ject to a use permit.
the Council would consider a conditional
for the servicing and repair activities
considered a matter of right and not sub-
Councilman Lacayo felt a sales
rides and without a conditional
no control over demonstrations.
facility would involve test
use permit the City would have
Councilman Harvey stated he did not object to the suggestion
that sales and service be a matter of right in the commercial
zones but that he had reservations regarding the servicing.
City Council Minutes May 9, 1977
191
The Planning Director stated that when mopeds first came out
on the market they were usually sold as an accessory use to
bicycle shops. He asked if this should be considered an acces-
sory use or require a conditional use permit and noted that
bicycle shops are permitted as a matter of right in the major
commercial zones without a use permit. He stated problems would
arise if a bicycle shop engaging in sales and display also wished
to conduct repair of mopeds. The Planning Director stated
the Zoning Ordinance specifies that bike shops, non-motorized,
are permitted as a matter of right in the commercial zones and
since motorized mopeds do not fall in this classification, there
can be a separate classification for mopeds.
Councilman Lacayo asked which zones permit the repair of any
type of engine and the Planning Director responded this is per-
mitted in the CG and CH Zones subject to a conditional use permit.
It was moved by Councilman Hudson and seconded by Councilwoman
MacLain that the display, sales, service and repair of mopeds
shall be a permitted use in the CS-N-2A, CG-10000 and CH-10000
Zones subject to the granting of a conditional use permit. The
motion carried by the following roll call vote:
AYES: 4 COUNCILMEN: Lacayo,
NOES: 1 COUNCILMEN: Harvey
ABSENT: 0 COUNCILMEN: None
MacLain, Sonju & Hudson
EXECUTIVE SESSION: Mayor Hudson called an Executive
matters of litigation at 8:58 p.m. The meeting was
to order at 9:25 p.m. with all Councilmen present.
Session for
called back
The Council requested that staff make agenda packets available
to any interested citizen who requests one.
The Council agreed to schedule the next budget session for
Monday, June 6 at 7:00 p.m.
Councilwoman Sonju reported there is still a problem with the
landscaping in the Cypress Village Homes as well as corroding
walkway lights. She asked that staff investigate. Mayor Hudson
requested a staff report for the next meeting regarding the City
policy on the acceptance of improvements in residential tracts.
ORAL COMMUNICATIONS:
Dr. Andrew Erdaly, Oxford Drive, Cypress, complained about a
three foot high wall which was constructed adjacent to his wall
for the office building located on the south side of Orange Avenue
opposite the Civic Center and stated it is possible for children
and animals to easily climb the wall and enter his property. He
stated his attorney advised him that if someone climbs the wall
and damages his property then the City would be liable since it
approved construction of the wall. Dr. Erdaly also announced
that the University of California published his biography "Struggle
for Human Rights" and stated he would present the Council with
copies.
It was moved by Councilwoman Sonju, seconded by Mayor Hudson and
unanimously carried to purchase plaques for the Chamber of Com-
merce and Cypress Recreation and Park District commending their
efforts in the May Festival and Parade.
Chief Duke reminded the Council that the Officer of the Year
Dinner will be held May 20 at the Community Center.
10.
Ci'c¥ Council Minutes May' 9, 1977
ADJOURNMENT:
It was moved by Councilwoman MacLaln, seconded by Councilman
Laca¥o and unanimously carried to adjourn the mee'cing at 9:40
ATTEST:
CITY CLERIC'OF THF~ CITY OF
MAYOR OF THE~TY OF ~YPRESS
CYPRESS
11.