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Minutes 77-09-20
30O MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL tlELD September 20, 1977 The adjourned regular meeting of the Cypress City Council was called to order at 7:07 p.m. on Tuesday, September 20, 1977 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Donald Hudson presiding. PRESENT: ABSENT: Councilmen MacLain, Sonju and Hudson Councilman Lacayo Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following City staff members: Bryant, Davenport, Hawley, Powell, Schatzeder and Shumard. PLEDGE OF ALLEGIANCE: The Public Works Director led the pledge to the flag. ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to speak in regard to any matter not on the aqenda. Mr. William Schaper, 9173 Ethel Street, Cypress, referred to a recent newspaper article which announced plans for nineteen retail shops, a fast food restaurant and restaurant on Lincoln Avenue opposite Sumner Place and asked if the developer was committed to constructing a restaurant. The Planning Director stated his latest communication with the developer indicated they want to construct a restaurant and feel it would be the most beneficial retail use for the center. Mr. Ken HuJse, complex, new elevator-, Center 10-0800: The L ]Z~ Ha~:a,~, Works Director' da~ ed tractor, Steiny and due to a de]ay in ~cc-~' ~ ie~ rile : ~, it must. be checked. and the contrack i ; It was moved by (;OtlIl(~il~,qOI'!)8l% SOb i: '~ ! :;~ nh-'d by' Co[~ncilwoman MacLain to approve, ~h~ N} da,; ex,, ~ , ~ , ' ', ~, %', r~:~:obeF 19, 19w7 for Project ~611.-Io-- 9~0,3 '}' 'i ,, u.q~imously carried by the following ~n]l ,:n: ~<~', ,~. AYES: NOES: ABSENT: City Council Minutes September 20, 1977 CONTINUATION OF CONSIDERATION OF PROPOSED ORDINANCE AMENDING THE ADMISSIONS TAX ORDINANCE: The City Manager presented a report dated September 16 transmitting a report from the Finance Officer which summarized the current status of City revenues and expenditures. The report indicated that the budget shortage is approximately $58,000 compared to a projected $113,000 shortage. The reduction in the shortage was made based on additional in- formation on revenue sources which permitted an increase in the projection of certain revenues and an analysis of projected ex- penditures indicating that not all budgeted 1977-78 funds will be expended. COUNCILMAN LACAYO ARRIVED AT 7:20 P.M. The City Manager also transmitted a report dated September 20 which outlined possible additional revenue sources available from various activities at Los Alamitos Race Track. These in- cluded increasing the business licenses required for program sales and parking. The report summarized the effect on revenues of a five cent increase in the admissions tax for both a partial and full fiscal year. Staff recommended a five cent increase in the admissions tax. Mayor Hudson asked if anyone wished to speak in favor of in- creasing the admissions tax. Mr. Jim Duncan, 9787 Rome Street, Cypress, stated the increase would be fair to pay for the additional policing required by the Track. He felt if the tax is decreased the same should be done for homeowners. Mayor Hudson asked if anyone wished to speak in opposition to increasing the tax. Mr. Ken Hulse, 5158 Cumberland Drive, Cypress, stated he opposed the additional tax to balance the City budget because of the Council's fiscal irresponsibility. Mayor Hudson stated he did not make the statement that the Council was considering the increase in order to balance the budget. Councilman Lacayo stated the Council began considering the tax before preparation of the budget and the Council delayed this matter for the benefit of the Track until their problems with the California Racing Board were resolved. He felt a tax on patrons who gamble was justified and stated the increase was not proposed to balance the budget. Mr. Bud Reynolds, representing Los Alamitos Race Track, stated their position remains the same as stated in the September 12 letter to the Council: that they are willing to make a voluntary five cent increase in the admissions tax. Mr. Reynolds stated a 20 cent increase would have to be absorbed because they do not want to pass it on to patrons and the increase would not allow them to compete with other tracks in the area. Mr. Elmer Montana, member of the Orange County Fair Board, reported that in the application for a license for the racing meet the admission price was established and cannot be changed. He stated any increase would come out of their net profit. He stated there is no admission for the fair itself. He indicated proceeds from the meet will be used for a renovation program for the Orange County Fairgrounds. He reported their contract with the Race Track is based on the current admissions tax and any increase would place a great burden on them. -2- "' Council .lty ' ' :, 'id:'unlte~ ~0, ]977 Mr. Dan Downs, gen<n-n ] lihlli..~,J~!~ , ~ !~, :J~MIt hem California Racing Association, repoFhc~t on ~.q~r,~t i,n~ ~;}~tf~ [or th~ bar,ess meet and stated an ~(]1~:~ n:~ ~,~x ,~ ,,:~ ,.,hid n~:t allow them to they can afford t;}~ f J~e ~'e, nt ~n~ ~,~e wJ/h no increase in parking or adm]ssJ<m passed ~M~ ~,~ ~,,~t ~'~,ns and he stated the City can join in det~:un]]ni~,q fn~:r~.,~ses ~f prices are raised by other tracks. He ~eported [hey ha~,~ ]~,~en seeking State relief to help defray labor c(~s[s ami ~ ~ im}~,~ve the track. Mr. Downs reported there ale three Hlnte ~,,~n]~M r~har]ty days from his meet but the track cannoJ <h~s]qpat~ the (~hdrities which receive the funds. He s~ a~ ed the< ~,~.~t }n ~,fe~' ~<~ d~nate to Cypress organizat~ ohs. policing costs Counci]woman Sonin stated .-~h~; w~*s ~:,m~.in~:,l bU the discussion that more than a [ive G'elli il](~13~3~se wonld l)e~ a substantial burden to the Track and harmful t,, ~ht~ ('Jt¥. Sb~: noted the staff rec- o~ended the five cent i,ut~'~dse and an nddJtional increase is not necessary for budgt::[ }u~i~oses, ~:h~. ~e,:ommended that the Track seek means wheret,? t h i~ ~ h~,~ ~,d*ie thtnds can be donated to Cypress charit.ies. ~', ' S~miu n.t sec~,nded by Councilwoman It was moved by Ct ]ncllw~m,~ ~ MacLain to read the roi]owing Ord~n,~n,:~ by title only, title as follows, and approve th,.~ fiYst reading: Olq) [NANCE NO. AN ()RD]TNAN('h; )T:' '['ti[,; !1 kY COlq4CIL, i.' 'l'}{l~ CiTY OF CYPRESS AMI:;ND[NG oEC]~' '"'ft)N 26-1 I (a} ()F T[fE A substitute mo~ ton w~s moved by t'oum i Iman Lacayo to apprcve the five cent ddlfliz~:~i~lhS lax ~1~'~ ,~;~' ~nd r~quest a report for the next meet ing f,'om the [,o:s Alamitos Race Track regarding their ability tc~ i~y f~ poi i,<i,~i ,~ ! s. The motion was not seconded. Tilt.* original mol ]< ~, , :, , ~ ,,~ t ' ! lowing io! I call vote: NOES: ABSTAINING: I Sonju & Hudson RECESS: Mayor ll,,,~:; i, ,:,,t t,-~ ~ , ,~ s. ,~t ~:L'f) p~m. The meeting was called bach ~,~,~'** , ~! ~: i~ ,, ,, ,~ili, al I Councilmen present. CONTINUATION OF Plii%~,f{' Hi;At{ltl~ i~'P,. H';I!'PT left; CAST: Mayor Hudson opened the public h~'.-,]r]nq and ~n~i<,~d ¢rn~ ~]1~ staff report. The City Manage]: pi?esent,:t ~ ~,'i"~, t d,~t ,1 september 16 which transmitted a let[ar fv~n,, n :;. .;:~m,:s i<,,,~t,, a t'esident in the vicinity of Hyatt Die (%~st . 4~,h!~ I,inc~)ln Awenue. The report also indicated that the Ci', ~ Attorney uece]ved a report on September 16 from Mr. Glenn Watson, al torney for Hyatt Die Cast. The Planning Director identified the subject property on an aerial map and read a report dated September 20 which indicated the public hearing, confirmed from Ju]y 25, was called in order to review the Hyatt Die Cast operation and use permit in response to numerous neighborhood complaints regarding the level of operations and noise disturbances. Conditional Use Permit No. C-211 authorizing the establishment of Hyatt Die Cast was approved in March 1968 and later modified in August 1969. The -3- City Council Minutes September 20, 1977 staff report analyzed the complaints and offered two courses of action. The Planning Director reported that sound studies were conducted for the main manufacturing building and noise fell in the 55 db range which is within the limits of the City's noise ordinance. He reported the southerly building is sound atten- uated including a small corner area of the main building. The City Manager stated the City Attorney suggested an executive session to discuss the communication from Mr. Watson. EXECUTIVE SESSION: Mayor Hudson called an Executive Session at 8:50 p.m. for matters of litigation. The meeting was called back to order at 9:]0 p.m. with Councilwoman Sonju absent. Mayor Hudson read a letter from Mrs. James Eyre dated September 13 which outlined a daily log of noise activity at Hyatt Die Cast between August 29 and September 13 at various times. She reported noise appeared to be from: hissing, clanking and pounding of metal, a "gorging" machine, bells, telephone buzzer, moving of metal parts and equipment, the PA system and sound of washing and hosing. Mayor Hudson asked if anyone wished to speak. Mr. Joe Hardcastle, 458~ Blanca Drive, no way to buffer the noise or for the compatible and that the business will the area. Cypress, felt there was business and homes to be have to amortize out of Mr. William Schaper, 9]73 Ethel Street, Cypress, stated Hyatt has only complied with conditions when forced to and he ques- tioned their compliance with new conditions. Mrs. Wilma Wilson, 9190 Whitney Way, Cypress, stated objec- tionable conditions have not changed over the past eight years. She transmitted a hate letter to the Council and stated she will seek police protection if more letters are received. Mr. Fred Glass, 9210 Whitney Way, ~y?ress, felt the staff report was biased in favor of the business and that it did not reflect past objectionable conditions on the property. He in- quired about the sound measurements taken and why no violations of the noise ordinance or use permit were found. Mr. Glass complained about the various noises and being awakened at night and fact that cooperation from Hyatt is for a short span in response to complaints and does not continue. The Planning Director responded to the comments. Mrs. Jean Eyre, 9100 Whitney Way, Cypress, reported that Hyatt installed a sound buffer ten feet in height which does not protect her second story bedrooms. She inquired about the noise level affecting her home. Mr. Howard Neal, 9171 Julie Beth Street, Cypress, suggested appointing a citizens committee to develop the language of the use permit. He also suggested restricting Hyatt's operation between 7 a.m. and 7 p.m. He stated the lack of complaints from Julie Beth residents is because of their feeling of help- lessness. He stated the sound attenuation has had an adverse effect since sound cannot disperse in several directions as before. Mr. Lester Wilson, 9190 Whitney Way, Cypress, complained about debris and dying trees at the rear of the property. -4- City Council Minutes September 20, 1977 Mr. James Eyre, 9100 Whitney Way, felt vibration on the property occurring after 8 p.m. on weekends is a vi©]ation of the use permit and he reported he has repaired plaster in his home several times. He reported residents to the west of Hyatt have received property tax reductions based on lowered selling prices of homes in the area. Mrs. Wilson, 9190 Whitney Way, has been up for sale faf f~>u] of the noise. repo~ted the house next door m~ nt h~ nn,j ~am>t sell because Mrs. Marne Glass, q21(1 WhJl n~y Wa/, ro~)~,l ~,~d he~ property taxes were reduced in 1~)7,~ l~as%! ~ ~ i. ,~ i , ~,;~ ~,~ ,m,nn~acturing zone and manufacturJnq a, fi.iv~ ~ ~s h IL~ ,~ul ~,~, [5 buJ!ding. She stated she reapp] led for ;~ ~?d,n'~ Jan ~n~ ~r~por%ed two neighbors had their taxes ~du<~ed; ,~,e in 9/~ ~ .~>~ last spring. Mr. Pat O'Hara, 9170 Whil i9~ W,~y ~':~* e:s~ s~,_~d the noise may be intermitten~ hut ~: nw~!',~,~s h~:~ 1,~ l~' ,~,1~ shak(s their home. Mr. Mike Eyre, 9100 Whit his studying time ~nd Mr. Glenn Watson, {J ~ ~ , iioue, h~.% ~', , ~, ; , ,~tt,~rney for Hyatt Die Cast, transmitted ~ map s'now~nq (he ~t~mensions and locations of buildings on the measures taken al measures can be corrugated mag wheels. validity of Reso~ to the use permti , He stated it operations which a matter of and attempt se)und attenuation ~ta; ed sJmi 1. ar bells and placing t~' w~tkers handle ~ud tdentified modJ f ioation ~q~ property. o rdLnance as a~ ed they w~ll Hvatt Die Cast Dr. Meschuk, 4210 Via Ah:i;t~ r ?;~t >s '~'mlc~; a }w~tner with Hyatt Die Cast, repo~ted they ! ~an lo ,~:~i~ !i u~~ !~ operation and will do whatever is possible to bs~ lull ~,~!~,]~ ~',,~ _~ and a good neighbor. He stated the rear build Jnq p~ob~b]? wi',l ]~e sound proofed and Mr. Darrell Zdarstek, 41,tq Ball R, ad, (',,~ ~:,ss, president of the Chamber of Commel~ce, si~ ,~d !he ~ i~i~!,<,! ,. path~zes with the neighbors but felt legal action did not s~ve the best interests arbitration committee comf-)sed ~f r,?idents, business, City and perhaps Chamber represeni ~ iv~m Lo find a workable solution. Mr. Joe Hardcastle, 4588 Blanca Drive, fo],. there will be com- plaints from future hemes to the east. Mr. Glass, 9210 Whitney Way, fekt tire test results of Mr. Watson were invalid since they did hal r~-~present the human error noises which occur frequently. He stated Hyatt should cease making noise if they want to b,~ ~ g~od neiahbo~ and that the business and neighbors should qet equal tr~a~men[. City Council Minutes September 20, 1977 Ms. Jean Prather, 9180 Whitney Way, Cypress, citizens would be treated in the same manner if they continually made noise disturbances. sleep is disturbed every night. asked if private as Hyatt Die Cast She reported her Mr. Jim Eyre, 9100 Whitney Way, reported a City inspection was never made regarding the structural damage on his property re- sulting from Hyatt Die Cast. Mayor Hudson asked staff to provide the Council and Mr. Eyre with a report if one was made. Councilman Lacayo suggested holding a meeting next week between Hyatt, property owners and the staff to discuss how Hyatt can implement solutions to the problems. Councilwoman MacLain sug- gested that a committee comprised of Mr. Glass, Mr. Neal, Mrs. Wilson and Mrs. Eyre meet with Hyatt and staff to propose con- ditions for the use permit to be presented at the October 11 Council meeting. She indicated if the committee cannot agree on conditions then the Council can impose conditions at that time or consider a progress report from the committee. Mr. Joe Hardcastle volunteered to serve on the committee. He suggested that Mr. Lloyd not be on the committee since he lacked authority to act on behalf of Hyatt Die Cast. Mayor Hudson asked the four residents named by Councilwoman MacLain if they would serve on the committee and they all agreed. It was moved by Councilwoman MacLain, seconded by Councilman Lacayo and unanimously carried to continue the public hearing to October 11 and that the committee as suggested by Councilwoman MacLain be formed with the understanding that it will be in charge of modifying the conditional use permit. Mayor Hudson waived the 11:30 p.m. adjournment time. ORAL COMMUNICATIONS: Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, questioned the need for sending so many representatives to the annual League conference and suggested sending a repre- sentative who can return with a report. Mayor Hudson stated that at his request the City Manager prepared a statement regarding the League conference. The Council com- mented on the value and purpose of the conference. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to add the following matter to the agenda and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1900 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT RORY CHRISTOPHER SUMNERS ON ACHIEVING THE RANK OF EAGLE SCOUT. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, MacLain NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju & Hudson It was moved by Councilwoman MacLain, seconded by Mayor Hudson and unanimously carried to add the following matter to the agenda and support a resolution from the City of Fountain Valley which requests that the county tax assessor not release new annual assessed valuation figures until they are finalized and that this position be transmitted to the appropriate agencies. The Council held discussion regarding the City tax and special district taxes and fact that Cypress' special district taxes exceed those of other cities in the county. 306 City Council Minutes September 20, 1977 Councilman Lacayo suggested setting up a staff committee to analyze all special district budgets and operations and report back to the Council. Councilwoman MacLain suggested sending a letter to the tax assessor's office inquiring why Cypress' special district taxes are higher than other cities. The Council directed the staff to visit the tax assessor's office, obtain information on the special districts and make a comparison study of Cypress and other cities. Mr. Howard Rowen, 5831 Shirl Street, Cypress, asked if the City paid for ex-Councilman Harvey's attendance at the League con- ference and the Mayor advised that it did not. Mr. Rowen stated he was glad the Council is going to investigate special district taxes. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unanimously carried to adjourn the meeting at 12:10 a.m. MAYOR OF TH~CITY OF CYPRESS ATTEST: CIT~'CLERK'~F THE ~ITY OF CYPRESS -7-