Minutes 77-11-14MINUTES OF A REGULAR MEETING
THE CYPRESS CITY COUNCIL
HELD
November 14, 1977
OF
The regular meeting of the Cypress City Council was called
to order at 6:35 p.m. on Monday, November 14, 1977 in the
Cypress City Council Chambers, 5275 Orange Avenue, Cypress,
California, Mayor Donald Hudson presiding.
PRESENT:
ABSENT:
Councilmen Lacayo, Sonju and Hudson
Councilwoman 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, Schatzeder.
PLEDGE OF ALLEGIANCE: The Public Works Director led the pledge
of allegiance to the flag.
PRESENTATIONS: Mayor Hudson read and presented a resolution
of commendation to Vickie Owens, coach, and Cheri Duke, member,
of the Cypress College Women's Swim Team in recognition of
their athletic excellence in state and national competition.
MINUTES:
It was moved by Councilwoman Sonju,
and carried, with Councilman Lacayo
the October 24 minutes.
seconded by Mayor Hudson
abstaining, to approve
STAFF REPORTS & DISCUSSIONS: At the City Manager's request,
Mayor Hudson added Item #13a to the Consent Calendar regarding
a resolution of commendation for Boy Scout Nick Van Hoogmoed,
and he added Item #13b regarding a report on the League of
Cities annual conference. The City Manager also requested an
Executive Session for matters of litigation and personnel.
The Council requested a staff report at the next regular
meeting on the following matters: maintenance of the land-
scaping along the Valley View Street bike trail; odor problems
in the storm drain south of Orangewood Avenue; and a policy
for removal of election campaign signs.
Mayor Hudson welcomed newly elected Council member Vickie Evans.
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 Sonju and seconded by Councilman
Lacayo to approve Items #2 through #13b on the Consent Calendar.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: Lacayo,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: MacLain
SonJu & Hudson
Item #2: Consideration of a Resolution Commending the Cypress
Community College Women's 1977 Charger Swim Team.
City Council Minutes
November 14, 1977
Recommendation: That the City Council adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 1916
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS COMMENDING THE CYPRESS COMMUNITY
COLLEGE WOMEN'S 1977 CHARGER SWIM TEAM IN
THEIR FIRST YEAR OF COMPETITION.
Item #3: Consideration of Deferred Compensation Program.
Recommendation: That the City Council adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 1917
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AUTHORIZING INVESTMENT OF FUNDS
DEFERRED PURSUANT TO THE CITY EMPLOYEES'
DEFERRED COMPENSATION PLAN, WITH GLENDALE
FEDERAL SAVINGS AND LOAN ASSOCIATION, AND
AUTHORIZING THE EXECUTION OF AGREEMENTS
RELATED TO SAID INVESTMENT.
Item #4: Consideration of Acceptance of Improvements and
Release of Bonds for Tract #9593, West side of Graham Street
from South of Orange Avenue.
Recommendation: That the City Council accept the public improve-
ments in Tract #9593 as being satisfactorily completed in accor-
dance with plans and specifications and authorize the City Clerk
to release the monumentation bond and the labor and material
bond upon expiration of their required lien period providing
no mechanic liens are filed with the performance bond to be
held for one year from the date of acceptance to guarantee
against any defects in material or workmanship.
Item #5: Consideration of Acceptance of Improvements and
Release of Bonds for Tract #9434, Northerly Extension of Carob
Street and on the Westerly side of Gay Street.
Recommendation: That the City Council accept the public improve-
ments in Tract #9434 as being satisfactorily completed in accor-
dance with plans and specifications and authorize the City Clerk
to release the monumentation bond and the labor and material
bond upon expiration of their required lien period providing
no mechanic liens are filed with the performance bond to be
held for one year from the date of acceptance to guarantee
against any defects in material or workmanship.
Item #6: Consideration of Acceptance of Final Parcel Maps
PM-3 and PM-4 (City Project No. 7828-10; RST 8665 and RST 8666).
Recommendation: That the City Council approve Final Parcel
Maps PM-3 and PM-4 and authorize the City Clerk to sign the
record maps.
Item #7: Consideration of Claim Submitted by the Automobile
Club of Southern California on behalf of Joan D. and Donald D.
Hastings.
Recommendation: That the City Council officially deny the sub-
ject claim and refer the claim to the City's Claim Adjuster,
Carl Warren and Company, for appropriate disposition.
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Item #8: Consideration of Request from the City of Santa Ana
for Joint Powers Agreement with Orange County for Expansion of
the Bowers Museum.
Recommendation: That the City Council transmit a letter to the
Orange County Board of Supervisors supporting the Joint Powers
Agreement with the City of Santa Ana for expansion of the Bowers
Museum.
Item #9: Consideration of New Programs for Winter Session,
Recreation and Park District.
Recommendation: That the City Council, acting as the ex officio
governing Board of Directors of the Cypress Recreation and Park
District, ratify the recommendation of the Recreation and Park
Commission for the establishment of the Novice Dog Obedience
Course at $20.00 per session; Skateboarding at $10.00 per ses-
sion; and Japanese Brush Painting at $15.00 per session.
Item #10: Consideration of Agreement Between the Cypress School
District and Cypress Recreation and Park District.
Recommendation: That the City Council, acting as the ex officio
governing Board of Directors of the Cypress Recreation and Park
District, authorize the City Manager and Director of Recreation
and Parks to execute the Joint Powers Agreement between the
Cypress School District and the Cypress Recreation and Park
District.
Item #11: Consideration of Claim Submitted by Lawrence Robert
Gillespie, 4412 Marion Avenue, Cypress, California.
Recommendation: That the City Council officially deny the sub-
ject claim and refer the claim to the City's Claim Adjuster,
Carl Warren and Company, for appropriate disposition.
Item #12: Consideration of Disposal of Quonset Huts.
Recommendation: That the City Council authorize the Cypress
Recreation and Park District staff to enter into an agreement
with the Cypress School District for removal of two quonset
huts now located at Cypress Park, at no cost to the Cypress
School District.
Item #13: Consideration of Initiation of Public Nuisance
Proceedings at AP 244-501-19, 20 and 21 located at 5601 and
5611 Nelson Street.
Recommendation: That the City Council adopt the following
Resolution by title only, title as follows, and set a public
hearing at 8:00 p.m. on November 28, 1977, to consider the
matter:
RESOLUTION NO. 1918
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN
THE CITY MAY BE MAINTAINED IN SUCH A WAY AS TO
CONSTITUTE A NUISANCE AND DECLARING ITS INTENT
TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER
THE SAME CONSTITUTES A PUBLIC NUISANCE, THE
ABATEMENT OF WHICH IS APPROPRIATE UNDER THE
PROVISIONS OF ARTICLE III OF CHAPTER 13 OF THE
CYPRESS CITY CODE.
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City Council Minutes November 14, 1977
Item #13a: Consideration of Resolution Commending Boy Scout
Nick Van Hoogmoed on Achieving the Rank of Eagle Scout.
Recommendation: That the City Council adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 1919
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS COMMENDING BOY SCOUT NICK VAN
HOOGMOED ON ACHIEVING THE RANK OF EAGLE SCOUT.
Item #13b: Consideration of Report Regarding
Conference of the League of California Cities
Mayor Hudson.
the Annual
Submitted by
Recommendation: Receive and file.
CONSIDERATION OF AWARD OF CONTRACT ON THE COMMUNITY FACILITIES
IMPROVEMENT PROJECT~ CITY PROJECT NO. 7684-90, EDA PROJECT NO.
07-51-06722: The City Manager presented a report from the
Public Works Director dated November 9 which outlined the two
bids received. The report indicated that the second low bidder,
Harman B.J. Gladd Construction Company, intended to protest
the bid of the apparent low bidder since it did not comply
with the 10% minority requirement, which is a requirement
of Round II projects. EDA informed the City that the project
is subject only to Round I conditions.
Mayor Hudson
Construction
present.
asked if a representative of Harman B.Jo Gladd
Company was present. A representative was not
It was moved by Councilwoman Sonju and seconded by Councilman
Lacayo to determine that the lowest responsible bidder for City
Project #7684-90, EDA Project #07-51-06722, is Spencer & Jones,
247. N. Covina Lane, City of Industry, California, and award
them a contract for the Community Facilities Improvements in the
amount of $405,183.00. The motion unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEN: Lacayo,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: MacLain
Sonju & Hudson
CONSIDERATION OF FUNDING OF CONSTRUCTION OF MASTER PLAN STORM
DRAIN IN HOLDER STREET SOUTH OF KATELLA~ TENTATIVE TRACT MAP
NO. 10049: The City Manager presented a report from the Public
Works Director dated November 8 which outlined requirements of
the developer of Tract #10049 to construct a storm drain which
will extend from the north side of Katella Avenue (in the Holder
Street alignment) to an outlet in the Stanton Storm Channel.
It was moved by Councilman Lacayo and seconded by Councilwoman
SonJu to approve the procedure outlined in the staff report
for the construction of the Master Plan Storm Drain in Holder
Street south of Katella Avenue. The motion unanimously carried
by the following roll call vote:
AYES: 3 COUNCILMEN: Lacayo,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: MacLain
Sonju & Hudson
CONSIDERATION OF APPROPRIATION OF GAS TAX FUNDS FOR TRAFFIC
SIGNAL REMODELING~ CITY PROJECT NO. 7833-10: The City Manager
presented a report from the Public Works Director dated November
8 which recommended that the Council appropriate funds for relo-
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cation of a traffic signal pole which is necessary in conjunc-
tion with the commercial development at the northeasterly corner
of Valley View Street and Lincoln Avenue. Design of the signal
relocation work will include installation of a new conduit in
the Valley View median that will allow for future left turn
signals at Lincoln.
It was moved by Councilman Lacayo and seconded by Councilwoman
Sonju to appropriate $8,000.00 from the 2106 Gas Tax Fund to
Account #10-4187-524-22 for relocating the traffic signal pole
as outlined in the staff report. The motion unanimously carried
by the following roll call vote:
AYES: 3 COUNCILMEN: Lacayo,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: MacLain
SonJu & Hudson
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was
moved by Councilman Lacayo and seconded by Councilwoman Sonju
to approve the Warrant List for Warrants #47054 through #47200
in the total amount of $379,535.52. The motion unanimously
carried by the following roll call vote:
AYES: 3 COUNCILMEN: Lacayo,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: MacLain
Sonju & Hudson
CONSIDERATION OF CITY COUNCIL MEMBERS' USE OF THE CYPRESS COM-
MUNITY CENTER FOR TOWN HALL MEETINGS: The City Manager pre-
sented a report from the Recreation and Park Director dated
November 9 which indicated the Recreation and Park Commission
considered this matter at their November 8 meeting and recom-
mended that reservations for individual Council members' use
of the Community Center should be processed in the same manner
as for community residents which includes the charging of fees.
The Commission also recommended that free use of the Community
Center by a Council member should be approved by a majority
of the City Council.
Councilman Lacayo felt the City Council Chambers was a more
appropriate location for town hall meetings by state or federal
legislators and this would not preempt citizens from using the
Community Center or disrupt recreation programs. He recommended
that this policy be transmitted to the Recreation and Park Com-
mission.
The Council agreed to direct the City Manager to transmit the
recommended policy to the Recreation and Park Commission that
the Council Chambers be used for town hall meetings and that
staff review use of the Council Chambers and submit a report.
CONSIDERATION OF TENNIS COMPLEX LOCATION: The Recreation and
Park Director presented a report dated November 9 which des-
cribed three proposals for tennis courts which would be funded
by 1976 State Park Bond Act funds. Staff recommended the Civic
Center location for the courts.
Councilwoman SonJu felt neither location was appropriate
because of the close proximity of residences and stated the
courts could be used after 10 p.m.
Mr. William Schaper, 9173 Ethel Street, Cypress, a member of
the Cypress Tennis Club, stated the courts are needed and he
could suggest no other location in the City. He stated that
in the summer persons can play until 9 p.m. without lights and
he did not feel a 10 p.m. deadline would cause much disturbance.
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City Council Minutes November 14, 1977
336
Mrs. Linda Weik, 5096 Eucalyptus Circle, Cypress, objected to
tbe location behind the School District property since she felt
the alley connecting the courts with Moody Street could become
a dragstrip. She was concerned about potential problems from
car headlights, noise and exhaust fumes. She stated the parking
lot would be secluded and could become a problem area. She
asked if parking could be located on Moody Street.
Mayor Hudson stated there would be no parking problem at the
Civic Center site and the courts would be close to the Police
Department. He recommended that the tennis courts at Cypress
High School be inspected to determine potential problems for
the new homes to the north. Mayor Hudson indicated he preferred
the Civic Center site and he recommended that staff contact
the property owners north of the Civic Center for their parti-
cipation in the discussion on this item.
Hearing no objections, Mayor Hudson continued the item to the
December 12 meeting for further review.
CONSIDERATION OF DISCONTINUANCE OF FAMILY DAY IN CONJUNCTION
WITH THE MAY FESTIVAL: The City Manager transmitted a report
from the Recreation and Park Director dated November 9.
Councilwoman Sonju suggested that the item be continued for
the benefit of Councilwoman MacLain.
It was moved by Councilman Lacayo, seconded by Councilwoman
Sonju and unanimously carried to continue the matter to the
December 12 meeting.
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMER-
CIAL WARRANT LISTS: It was moved by Councilwoman Sonju and
seconded by Councilman Lacayo to approve the Park District
Warrant List for Warrants #7260 through #7324 in the total
amount of $198,607.]3. The motion unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEN: Lacayo,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: MacLain
Sonju & Hudson
EXECUTIVE SESSION: Mayor Hudson called an Executive Session
for matters of litigation and personnel at 7:35 p.m. The
meeting was called back to order at 8:20 p.m. with Council-
woman MacLain absent.
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. CHARLES
M. CARROLL~ DBA Check-R-Steaks~ 5481 Marcella~ Cypress: Mayor
Hudson opened the public hearing and asked for the staff report.
The City Manager presented a report dated November 10 indicating
the permit application is for the solicitation of door-to-door
sales of steaks and lobsters. Also transmitted was a Police
Department memorandum dated November 9 which indicated the
applicant would be selling all types of meat products from a
vehicle and two grades of meat would be sold. The City Manager
read the portion of the memorandum describing the meat prices.
Mayor Hudson asked if the applicant wished to speak.
Mr. Charles Carroll, 5481 Marcella Avenue, Cypress, reported
he has a business license and solicitor's permit from the City
of Anaheim, issued in January, 1977, under the company's name
which has recently been changed. He stated most solicitation
has been done in business areas primarily in Anaheim but he
bas received requests for home deliveries and wishes to try
door-to-door solicitation in Cypress where he has lived the
last seven years. He presented his permit to the Police Chief.
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City Council Minutes
November 14, 1977
Mayor Hudson asked if anyone wished to speak in favor or in
opposition to granting of the permit. No one wished to speak
in support or opposition.
Mayor Hudson requested that the Police Chief review the status
of the applicant's permit and that the hearing be continued.
It was moved by Mayor Hudson, seconded by Councilwoman Sonju
and unanimously carried to continue the public hearing to the
November 28 meeting.
PUBLIC HEARING RE: VARIANCE NO. 77-5: Mayor Hudson opened the
public hearing and asked for the staff report.
The City Manager presented a report dated November 10 regarding
Variance #77-5 filed in conjunction with Tentative Tract Map
#10049 which proposes the establishment of a 70 acre industrial
park located at the northwesterly corner of Katella Avenue and
Knott Avenue. Also transmitted was a report from the Planning
Director dated November 4, Planning Staff Report #77-38 dated
October 13, and portions of the Planning Commission minutes on
this item. The City Manager requested that Item #16, Considera-
tion of Tentative Tract Map #10049, be considered at this time.
The Planning Director summarized Staff Report #77-38 dated
October 13 which described the proposal and he presented slides
of the subject property and another industrial park developed
by the applicant, the John D. Lusk Company. He reported that
the Planning Commission approved the variance and tentative
tract map on October 20 and also initiated an amendment to the
Zoning Ordinance to change the zoning of the property from the
current classification of MP-40,O00 to a PC-Planned Industrial/
Commercial Zone. The new zone would broaden the types of per-
mitted uses and facilitate industrial development of the property.
The Planning Director reported a letter was submitted in opposi-
tion to the variance by the City of Stanton and Stanton repre-
sentatives are present. He stated no further written or oral
communications were received regarding this matter.
Mayor Hudson asked if the applicant wished to speak.
Mr. Don Steffensen, Vice President of Lusk, reported on other
industrial parks proposed or under construction by their company
and stated industrial development is a growing part of their
business. He stated they have held numerous meetings with staff
and are anxious to proceed. He stated the lot sizes proposed
will provide flexibility for the ultimate users. He reported
the company will own 5 to 10% of the project as a long-term
investment and that they propose a mandatory community associa-
tion to be responsible for maintenance of the common areas and
an architectural committee which will review all building plans
prior to submittal for City review. Mayor Hudson asked if the
buildings would be sound buffered. Mr. Steffensen stated they
try to be sensitive in the placement of equipment so it does
not cause disturbance for residents. He stated a similar situa-
tion exists at their park in Huntington Beach where the minimum
setback from buildings to the property line is 45 feet. He
reported they discussed with the Planning Commission the
possibility of extending the depth of the lots backing the
residential tract from 185 feet to 200 feet to establish a
40 to 45 foot setback which would help mitigate sound problems.
Mayor Hudson asked if anyone wished to speak in support.
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City Council Minutes November 14, 1977
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, president of
the Cypress Citizens' Association, stated they have worked
long and hard for this type of development, are glad to see it
coming into the City, and they urge the Council's approval.
He stated the project is a good addition for the citizens and
tax base of the City.
Mayor Hudson asked if anyone wished to speak in opposition.
Mr. Harry Dotson, Vice Chairman of the Stanton Planning Commis-
sion, stated he hoped the Council would consider his city's
concerns which related to the reduction in lot sizes adjacent
to the residential tract and potential industrial noise. He
asked that a 45 foot setback be applied as well as sound atten-
uation devices. He reported that a Garden Grove industrial
project caused health problems to Stanton residents because of
excessive noise, bright lights and plastic odors. He asked
that Stanton be consulted regarding buffering and the type of
development before construction takes place.
The Council indicated they were aware and would be sensitive
to potential problems to ensure a compatible development.
It was moved by Councilman Lacayo and seconded by Councilwoman
Sonju to close the public hearing and adopt the following
Resolutions by title only, titles as follows:
RESOLUTION NO. 1920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING VARIANCE NO. 77-5.
RESOLUTION NO. 192l
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING TENTATIVE TRACT MAP
NO. 10049 - WITH CONDITIONS.
The motion unanimously carried by the fo]lowing roll call vote:
AYES: 3 COUNCILMEN: Lacayo,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: MacLain
Sonju & Hudson
ORAL COMMUNICATIONS: Mr. Joe Hardcastle, 4588 Blanca Drive,
Cypress, reported that bumps on the side of the road on the
south and north sides of Lincoln Avenue between Denn~ and Valley
View create hazardous conditions for moped riders and he asked
if this area could be repaired prior to total improvements on
Lincoln. Mayor Hudson asked that staff examine the area and
report back on possible remedies. The Public Works Director
stated he would bring the problem to the State's attention.
Chief Duke reminded the Council of
Sergeant Sowma to be held Saturday,
front of the Civic Center.
the memorial service for
November 19 at 2 p.m. in
EXECUTIVE SESSION: Mayor Hudson called an
for matters of personnel and litigation at
was called back to order at 9:35 p.m. with
absent.
Executive Session
9:15 p.m. The meeting
Councilwoman MacLain
ADJOURNMENT: It was moved by Councilman Lacayo, seconded by
Councilwoman Sonju and unanimously carried to adjourn the meeting
at 9:35 p.m. to Tuesday, November 15 at 7:00 p.m.
MAYOR OF THE/CITY OF CYPRESS
ATTEST:
CITY CLERK OF ~HE C~TY OF CYPRESS