Minutes 78-02-27MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
February 27, 1978
The regular meeting of the Cypress City Council was
order at 6:45 p.m. on Monday, February 27, 1978 in
City Council Chambers, 5275 Orange Avenue, Cypress,
Mayor Donald Hudson presiding.
called to
the Cypress
California,
PRESENT: Councilmen
Hudson
ABSENT: None
Evans, Lacayo, MacLain, Sonju and
Also present were Darrell Essex, City Manager/City Clerk, Elizabeth
Strauss, City Attorney, and the following City staff members:
Davenport, Duke, Hawley, Morad, Powell and Schatzeder.
PLEDGE OF ALLEGIANCE:
the flag.
The Planning Director led the pledge to
MINUTES:
It was moved by Councilwoman MacLain, seconded by Councilman
Lacayo and unanimously carried to approve the February 14 minutes.
STAFF REPORTS & DISCUSSION: Hearing no objections, Mayor Hudson
added the following items to the agenda:
Item #26 regarding nuisance abatement at 5411 Marion Avenue;
Item #27 regarding an agreement with the City of La Palma;
Item #28 regarding an airport study for Los Alamitos Naval
Air Station.
The City Council requested that staff schedule a public hearing
to consider the Jarvis Amendment for March 27.
CONSIDERATION OF RENEWAL OF CONTRACT FOR STREET TREES - REQUEST
FOR QUOTATION #7475-22: The City Manager presented a report from
the Finance Officer dated February 21 and recommended that the
contract with Avalon Park Nursery for the purchase of street trees
be renewed at the same price structure and conditions of the
original bid.
It was moved by Councilwoman Sonju and seconded by Councilwoman
MacLain to award the contract for one year to Avalon Park Nursery,
4400 Orange Avenue, Cypress, with the total contract not to exceed
$6,000.00. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEN: Evans,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, MacLain, Sonju &
CONSIDERATION OF RENEWAL OF CONTRACT FOR AUTOMOTIVE PARTS -
~EQUEST FOR QUOTATION #7677-22: The City Manager presented a
report from the Finance Officer dated February 21 and recommended
renewal of the contract with Original Parts Supply at the same
price structure and conditions of the original bid.
It was moved by Councilwoman MacLain and seconded by Councilman
Lacayo to award the contract for automotive parts for one year to
Original Parts Supply, 13515 Excelsior Drive, Santa Fe Springs,
with the total contract not to exceed $20,000.00. The motion
City Council
unanimously
Minutes February 27, 1978
carried by the following roll call vote:
AYES: 5 COUNCILMEN: Evans, Lacayo,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain, 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 listed on the agenda. No Council member wished
to remove an item. Councilwoman Evans requested that Item #23
be added to the Consent Calendar with the recommendation that
it be considered on March 20, 1978.
It was moved by Councilwoman Sonju and seconded by Councilwoman
MacLain to approve Items #3 through #13 and #23 on the Consent
Calendar. Councilman Lacayo stated he abstained on Item #9.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Evans, Lacayo,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain, Sonju &
Item #3: Consideration of Initiating Detachment Proceedings from
the Cypress County Water District - Detachment No. 78-1.
Recommendation: That the City Council adopt the following Resolu-
tion by title only, title as follows:
RESOLUTION NO. 1956
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS MAKING APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION OF ORANGE COUNTY
FOR THE INITIATION OF PROCEEDINGS FOR THE
DETACHMENT OF CERTAIN UNINHABITED TERRITORY
FROM THE CYPRESS COUNTY WATER DISTRICT.
Item #4: Consideration of Report on Trash Collection Services.
Recommendation: Receive and file.
Item #5: Consideration of Tract #8126 Request for Extension of
Time to Complete Public Improvements.
Recommendation: That the City Council approve a six mont~ exten-
sion of time for the subdivision agreement for the construction
of improvements within Tract #8126 and that an amendment be added
to the Subdivision Improvement Agreement incorporating the exten-
sion and the conditions listed in the staff report dated February
17.
Item #6: Consideration of Approval of Plans and Specifications
and authorization to Advertise for Bids for Construction and
Landscaping of Lincoln Avenue from Bloomfield Street to Denni
Street, City of Cypress Project No. 7822-90.
Recommendation: That the City Council: (1) authorize a budgeted
transfer from the General Fund and appropriate $20,000 from the
fund balance o£ the General Fund to Account ~I0-4186-520.27 and
(2) authorize a budgeted transfer from the 2106 Gas Tax Fund and
appropriate $96,200.00 from the fund balance of the Gas Tax Fund
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City Council Minutes February 27, 1978
to the following accounts:
10-4001-520
i0-4006-520
10-4114-520
10-4150-520
10-4151-520
10-4186-520
10-4207-520
10-4208-520
27 $ 3,419.00
27 1,499.00
27 15.00
27 40.00
27 400.00
27 90,747.00
27 50.00
27 30.00
(3) approve tbe plans and specifications for constructing and
landscaping Lincoln Avenue from Bloomfield Street to Denni Street,
Project #7822-90, and authorize the City Clerk to advertise for
bids with bids to be opened in the office of the City Clerk on
April 4, 1978 at 10:00 a.m.
Item #7: Consideration of Acceptance of Final Tract Map No. 9964.
Recommendation: That the City Council approve Final Tract Map No.
9964 and accept the bonds for public improvements in the amount of
$75,175.00 which is not less than 50% nor more than 100% of the
total improvements, and authorize the City Clerk to sign the record
map.
Item #8: Consideration of Acceptance of Final Tract Map No. 10177.
Recommendation: That the City Council approve Final Tract Map No.
10177 and accept the bonds for public improvements in the amount of
$390,000.00 which is not less than 50% nor more than 100% of the
total improvements, and authorize the City Clerk to sign the record
map.
Item #9: Consideration of Application for an Alcoholic Beverage
I. icense Type "41" On-Sale Beer and Wine for Otto J. Lacayo, DBA
Ol te's Taco House, 4197 Ball Road, Cypress.
Recommendation: Receive and file.
]tem #10: Consideration of Burglary Target Hardening Grant.
Rec'ommendation: That the City Council adopt the following Resolu-
tion by title only, title as follows, authorizing the Mayor to sign
a loint Powers Agreement with the City of Garden Grove:
RESOLUTION NO. 1957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING A JOINT POWERS AGREEMENT
BETWEEN THE CITIES OF CYPRESS AND GARDEN GROVE.
Item #11: Consideration of a Request from the American Society
for Quality Control to Proclaim the Week of March 12-18, 1978 as
Quality Week.
Recommendation: That the Mayor and City Council proclaim the week
of March 12-18, 1978 as "Quality Week" in the City of Cypress.
Item #12: Consideration of Youth Commission Resignation - Denise
Randel.
Recommendation: That the City Council accept the resignation of
Denise Randel.
Item #13: Consideration of Proposed Internal Revenue Service
Regulations on Deferred Compensation.
Recommendation: That the City Council go on record in opposition
to the proposed regulations of the Internal Revenue Service and
direct the City Manager to contact the appropriate officials to
express the City's opposition to the ruling regarding deferred
compensation.
-3-
City Council Minutes February 27, 197g ~ ~ 41~
Item #23: Continuation of Consideration of Property Tax Relief
Proposal.
Recommendation: That the City Council continue this matter to a
March 20 budget workshop.
CONTINUATION OF CONSIDERATION OF THE MAY FESTIVAL: The City
Manager presented a report on this matter dated February 23.
Mr. Darrell Zdarstek, Chamber of Commerce president, 4125 Ball Road,
Cypress, reported he met with the presidents of the Little League,
Pony Colt and Soccer leagues just prior to the Council meeting. He
stated the Chamber Board of Directors requested that the Council
reverse their action relating to use of Oak Knoll Park. Mayor
Hudson stated no action by the Council is required since their
previous action related to relocation of the carnival only. Mr.
Zdarstek reported that the steering committee was in favor of
conducting the festival, including participation by all commun}ty
organizations, in late September or October and the majority of
the committee voted against holding the carnival in conjunction
with the festiva].
Mr. Robert Larkin, 9346 Gregory, Cypress, reported there is strong
opposition, not only from the sports leagues but from other com-
munity members, to condocting a carnival in the City and especially
at Oak Knoll Park. He stated he agreed with the steering comm~ tree's
recommendation.
Mayor Hudson asked if asy sports league activities would be inter-
rupted by the festiva] in September.
Mrs. Crystal Santo, 10443 Camden, Cypress, reported Pop Warner
begins practice on September ] and the festival should present
problems dur ~ug practice.
no
Mrs. Linda Calamia, 9881 Spruce Court, Cypress, favored conducting
the festival, iucluding the carnival, in May. She felt this would
be a better time for band participation. She reported that at the
time of little league registration she signed a petition in oppo-
sition to the May Festival and she felt other persons may have
;i~ned it without full knowledge of the consequences. She stated
they were upset when they found the festival had been cancelled.
She stated bet family has enjoyed the festival the past three years
and the carnival should be included since the festival should he
for everyone.
Mr. Terry Crocker, 6282 Elm, Cypress, president of
stated the intent of the petition was to determine
moving the carnival from the little league field.
Little League,
the response to
Mrs. Dorothy Hutton, manager of Cypress Park Apartments on Graham
Street, reported her comolex was disturbed last year by the carnival
workers taking over their parking spaces.
It was moved by Councilman Lacayo and seconded by Councilwoman
Soniu to continue the matter to late September or October as
requested by the steering committee to allow them to make plans
for the festival. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEN: Evans, Lacay0, S0nju & Hudson
NOES: 1 COUNCILMEN: MacLain
ABSENT: 0 COUNCILMEN: None
ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to speak
in regard to any matter not on the agenda.
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City Council Minutes February 27, 1978
Mrs. Dorothy Hutton, Cypress Park Apartments, 9591 Graham, Cypress,
requested replacement of a street light damaged by a recent storm.
The Council requested the staff to correct the problem. Council-
woman Sonju suggested that the procedure for replacing street lights
be publicized in the newspaper.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, expressed objection
to a Lakewood Sheriff's Department helicopter with a loudspeaker
flying over his neighborhood and asked why it was flying over Cypress.
Chief Duke reported the City has a mutual aid agreement with Lake-
wood which involves assistance of the helicopter. He stated he
would notify Lakewood of the concerns regarding the helicopter.
Mr. Larry Wuebker, 8661 Acacia Drive, Cypress, presented a complaint
regarding the height of the fence between his property and the
Lakewood condominium project and stated it provides no privacy as
it is under five feet. He reported there is also a problem with
drainage of his property which he felt is shared by all properties
on the street.
It was moved by Councilman Lacayo, seconded by Councilwoman MacLaiLL
and unanimously carried to transmit information relating to these
problems on Acacia Drive to Supervisor Schmit for his assistance.
Mr. Howard Rowan, 5831 Shirl Street, Cypress, requested a clarifi-
cation of the ballot measure relating to a campaign contributions
limitation as it pertains to contributions by a community organiza-
tion for or against a ballot measure. The City Attorney explained
the provisions of the ballot measure.
Mr. Joe Hardcastle, 4588 Blanca Drive, stated the campaign contri-
butions limitation ballot measure does not offer protection since
contributions from groups can be washed through other individuals.
He stated he reviewed the candidates' campaign statements and found
that contributions were made to candidates from persons living out-
side of the City. He stated he opposed the measure.
RECESS: Mayor Hudson called a recess at 7:35 p.m. The meeting
was called back to order at 7:50 p.m. with all Council members
present.
CONTINUATION OF CONSIDERATION OF ANTI-LITTER PROGRAM: The City
Manager presented a report dated February 24 which outlined the
Youth Commission's recommendations for the anti-litter program.
It was moved by Councilwoman Sonju, seconded by Councilman Lacayo
and unanimously carried that the staff advise the Youth Commission
that the Council commends their work thus far, supports the
direction of their efforts and wishes them to proceed.
CONTINUATION OF CONSIDERATION OF LETTER OF AGREEMENT TO GUARANTEE
CONSTRUCTION OF STORM DRAIN AND SEWER: The City Manager
a report regarding this matter dated February 23.
The City Attorney reported an agreement was reached and a
agreement will be transmitted from the property owner.
Hearing no objections, Mayor Hudson continued this matter
March 13 meeting.
CONTINUATION OF CONSIDERATION OF DISCUSSION REGARDING THE
presented
signed
to the
SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS: The City Manager presented
a report regarding this matter dated February 23.
Mayor Hudson recommended that the City request the Orange County
League to call a congress of cities together in late April,
following city elections, that Cypress offer its staff and news-
letter assistance in communicating with the cities, and request
that Santa Ana act as the host city because of its central location.
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City Council Minutes ~ebruary 27, 1978
Mayor Hudson reported a letter was received from the Ventura County
Board of Supervisors who requested support from member cities in
SCAG to allow Ventura County to deal with its sanitary sewer problems
using existing committees. Mayor Hudson recommended that a letter
be sent to the Board of Supervisors expressing strong support for
their position which is consistent with Cypress' actions. The
Council was ~n agreement with the Mayor's recommendations.
CONTINUATION OF CONSIDERATION OF JARVIS INITIATIVE: The City
Manager presented a report regarding this matter dated February 23.
The City Manager and Mayor reported on the conference sessions
they attended on February 23 and 24 in Sacramento on tax reform
and the Jarvis Initiative.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, expressed support
for the Jarvis Initiative and stated it will benefit the homeowner
and reduce government spending.
It was moved by Councilman Lacayo, seconded by Councilwoman Sonju
and unanimously carried to receive and file the report.
Mayor Hudson requested
if t[~ey plan to attend
3 at 3:30 p.m.
that the Council members notify the staff
the meeting with Assemblyman Wray on March
CONTINUATION OF PUBLIC HEARING RE: HYATT DIE CAST AND ENGINEERING
CORPORATION: Mayor Hudson opened the public hearing and asked for
the staff report.
The (]ity Manager presented a report from the Planning Director
dated February 23 which indicated the sound monitoring studies at
Hyatt Die Cast were completed but the County did not conclude its
review and analysis of the data. Staff recommended that the
hearing be continued to March 13.
It was moved by Mayor Hudson, seconded by Councilwoman MacLain and
unanimously carried to continue the public hearing to March 13 and
request that staff renotify the property owners within 300 feet of
the bearing as well as the property owners in the area bounded by
Denni Street, Maybury Circle, Gregory Street and Lincoln Avenue.
CONTINUATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO.
77-4: Mayor Hudson opened the public hearing and asked for the
staff report.
The Planning Director presented a report dated February 22 which
indicated the hearing was continued from the Council's December
12, 1977 meeting at which time the Council was to consider an
appeal of General Plan Amendment #77-4 which proposed the reclassi-
fication of property at the northeast corner of Bloomfield and
Orange Avenue from a commercial to a low-density residential
designation. He reported the applicant now requested a withdrawal
of the application and requests a variance from setback require-
ments of the Zoning Ordinance in order to establish a neighborhood
commercial center excluding the off-sale of liquor and alcoholic
beverages.
It was moved by Councilman Lacayo and seconded by Councilwoman
MacLain to close the public hearing and approve the request to
withdraw the application for General Plan Amendment #77-4 and
approve the variance.
Councilman Lacayo then withdrew the motion to allow for public
testimony.
Mayor Hudson asked if anyone wished to speak in support of the
amendment. No one wished to speak in support. He asked if anyone
wished to speak in opposition.
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422
Mrs. Diane Shepherd, 4036 Brighton Circle, Cypress, indicated that
the corner is not a viable location for commercial use because of
the unsuccessful convenience store across the street and Iow traffic
volumes and that she felt single-family development would be more
compatible with the nei§hborhood. She reported that with the ori-
ginal proposal for commercial use, 96 out of 98 homeowners objected
to a liquor store.
Mr. Jay Shepherd, 4036 Brighton Circle, reported the property owner
was advised by a real estate agent that homes over $80,000 could
not be built on the property. Mr. Shepherd felt this was false
and reported homes are being sold for $100,000 in the area.
Mrs. Nancy Crowder, 4024 Selkirk, Cypress, stated this is a diffi-
cult piece of property and even new homes would be difficult to
integrate into the neighborhood. She stated her main objection
is to the sale of liquor and that she would prefer the construction
of homes on the property.
Ms. Celia Chapirson, speaking for the applicant, reported they
had difficulty in obtaining a loan for residential development
and she felt they were interested in pursuing commercial develop-
ment. She favored a continuance of the hearing.
It was moved by Councilman Lacayo and seconded by Councilwoman
Sonju to continue the public hearing regarding General Plan Amend-
ment #77-4 to the March 13 meeting and request that staff renotify
the property owners within 300 feet and in the subdivision abutting
the property of the continuance. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEN: Evans,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, MacLain, Sonju &
PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 78-1: Mayor Hudson
opened the public hearing and asked for the staff report.
The Planning Director presented a report dated February 22 indi-
cating the Planning Commission on January 19 recommended approval
of the amendment which would change the designation of property
at 9731 Walker Street from all commercial to a dual classification
of low-density residential and commercial. He summarized Staff
Report #78-1 dated January 12 describing the zone change applica-
tion. He presented maps showing two subdivision plans for the
property and reported the Planning Commission preferred Alternative
"B" wherein the front 115 feet of the property would be retained
for the existing commercial use and single-family dwellings would
be constructed at the rear.
Mayor Hudson asked if the applicant wished to speak.
Mr. Calvin Meekhof, 5438 Hanover Drive, Cypress, reported existing
homes north of the retail egg store are just as close as the
proposed dwellings would be. He stated he wishes to develop the
property because of his taxes and that several alternatives were
investigated. He indicated he would like to retain some of the
commercial use and he felt the residential portion will fit in
with the neighborhood.
Mayor Hudson asked if anyone wished to speak in favor. No one
wished to speak. He asked for those in opposition.
Mr. Joe Hardcastle, 4588 Blanca Drive, stated he opposed any
rezoning of commercial property to residential unless it is bene-
ficial to the community. He felt all commercial properties can be
developed commercially and it is only a matter of time. He felt
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428
City Council Minutes February 27, 1978
the Council members who received campaign contributions from the
applicant should not vote on the matter.
The City Attorney stated receiving campaign contributions would
not create a conflict of interest under Proposition 9.
It was moved by Councilwoman MacLain and seconded by Councilman
Lacavo to close the public hearing and adopt the following Resolu-
tion by title only, title as follows:
RESOLNTiON NO. 1958
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING GENERAL PLAN AMENDMENT
NO. 78-1 - CALVIN J. MEEKHOF.
'l'h~ motion unanimously carried by the following! roll call vote:
AYES: 5 COUNCILMEN: Evans, Lacavo, MacLain, Sonju
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
RECESS: Mayor Hudson called a recess at 8:52 p.m. The meeting
was called back to order at 9:05 p.m. with all Council members
PUBLIC HEARING RE: AN APPEAL ON CONDITIONAL USE PERMIT NO. 78-1:
Mayor Hudson opened the public hearing and asked for the staff
The PLanning Director presented a report dated February 21 which
indicated the Planning Commission on January 19 approved Conditional
U~;o Permit #78-1 for the establishment of a restaurant including
the on-site sale of alcoholic beverages at 4220 Lincoln Avenue
adjacent to the Lincoln Plaza Shopping Center. The Planning
Director also transmitted Staff Report #78-2 dated January 13
describing the application, the plot plans, elevations and floor
plaa of the restaurant. He stated the restaurant will have a
Spanish design with stucco and wood beams. He reported on the
C.illmission's discussion of parking provisions. He stated the
Commission did not consider a rear entrance to the restaurant.
He indicated the Zoning Ordinance requires 55 parking spaces for
the restaurant and 49 will be provided.
Mayor lludson asked if the applicant wished to speak.
Mr. Doug Powery, representing MEB Investments, 3723 Birch Street,
Newport Beach, stated the original plans for the prooerty called
for a 4300 square foot restaurant with a parking requirement of
55 spaces. He stated they will provide five spaces less than the
original requirement. He stated they feel a restaurant is an
integral part of the development and will contribute to the via-
bility of the shopping center' by attracting patrons to the other
tenants. He stated they are open to changes in the plans. He
felt the design of the restaurant with a bar is beneficial for
Lincoln Avenue. Mr. Powery stated they felt the appeal by the
owner of the Hide Away was not based on the parking issue but
rather on the fear of competition. He stated the Hide Away does
not serve food and is a different class of business, attracting
a different type of clientele. Mr. Powery stated parking along
Lincoln Avenue was available to meet the parking demand of the
restaurant.
Mr. Paul Wilkinson, of Linscott, Law and Greenspan, traffic con-
sultants for the applicant, made a presentation outlining the
results of a parking survey which they conducted on February 17
-8-
City Council Minutes
February 27, ~/~
and 18 which compared the existing and projected parking demands
for the proposed restaurant with a similar restaurant in Costa
Mesa. Their conclusion was that the maximum demand period for
the restaurant would create a parking deficiency of about 19 spaces
which could be off-set by on-street parking along Lincoln Avenue.
He stated there is a parking lane on both sides of the street
and 12 unrestricted parking spaces could be provided which are
approximately the same walking distance from the restaurant as
the parking lot. Mr. Wilkinson stated the City's Traffic En-
gineer did not foresee any problems with on-street parking or
a restriction in the future. Mr. Wilkinson stated persons would
be directed to the rear parking lot with appropriate signing and
he stated this type of restaurant will attract neighborhood trade,
not tourists, who will become familiar with the parking layout.
He felt there would be no conflict with traffic exiting the
westerly driveway from the condominiums since peak traffic hours
for the restaurant will be different and adequate sight distance
will be provided for vehicles exiting the parking lot.
Mayor Hudson asked if the applicant and shopping center owner dis-
cussed removal of the driveway easement and relocating the restaurant
further north. Mr. Powery stated there were no formal discussions
but they are open to this suggestion. The Planning Director reported
the condominium project meets the off-street parking requirements
for guest and covered parking spaces per unit and there is no variance.
Mayor Hudson suggested that the applicant and staff study alternatives
for the parking location and present this for Council review. He
stated traffic circulation should be beneficial for the existing
businesses.
Mayor Hudson asked if anyone wished to speak in support.
Mr. Mike Hill, owner of the liquor store in Lincoln Plaza Shopping
Center and a resident of the condominiums, stated he strongly
supported the restaurant and he felt it would cause persons to
notice the other stores in the center. He stated there are no
other restaurants nearby. He reported he circulated a petition to
his daily customers indicating the restaurant was tentatively
approved but there was a protest on several matters. He reported
he received 389 signatures in favor of the restaurant.
Mr. George Bryan, 10474 Gretta, Buena Park, owner of the Safe
Company in the shopping center, stated he strongly was in favor of
the restaurant and he reported a restaurant was promised when he
signed the lease two years ago. He stated the appeal was unfounded
and the appellants do not realize the benefits they will receive.
Mr. John Kanel, 5502 Mildred Circle, Cypress, stated he supported
the restaurant.
Mayor Hudson asked if anyone wished to speak in opposition.
Mr. James Jones, 8835 Moody, Cypress, representing Big Daddy's
Pizza in the shopping center, reported they serve lunch between
11 a.m. and 2 a.m. He questioned the feasibility of vehicles
entering the condominiums from Lincoln and he felt the new owners
may not have encountered problems yet. He stated there are 80
employees in the shopping center and parking is deficient.
Mr. Joe Polido, part owner of the Hide Away, reported parking is
a problem and he felt the two day survey was not a realistic repre-
sentation. He stated the appeal was from five out of seven businesse
in the center. He presented letters of protest to the Council
signed by customers of all of the businesses. He stated he would
support a restaurant in the center but there is a parking shortage.
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City Council Minutes
February 27, 1978
425
He felt there would be a parking conflict since Victor's Flowers
closes at 8 p.mo, the liquor store at 10 p.m., and the Hide Away at
2 a.m. He reported 33 spaces are required for employee parking and
he stated there will be a problem.
Mr. Wayne Ebare, 9191 Julie Beth, Cypress, stated there is insuf-
ficient parking to make the restaurant feasible and he felt the
staff should study alternatives. He felt persons may park in the
access drive to the condominiums which would prevent access by
emergency vehicles. He felt there will be congestion at the
westerly driveway since this is the only exit for westbound traffic.
Mr. Bob Hartnett, 4410 Lincoln Plaza Way, Cypress, stated the condo-
miniums have a parking problem since there are inadequate guest
spaces and guests have parked in the shopping center lot. He
stated access to the condominiums is difficult off of Lincoln.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated the City
needs a Mexican restaurant and one should be developed but the
proposed restaurant is too large for the site. He suggested
elimination of the bar or a reduction in size. He asked that a
rear entrance be provided from the parking lot and he suggested
that the applicant and staff study the parking situation further.
Ms. Diane Wilkins, a resident of Casa Grande Apartments, stated
the mobilehome park residents were unaware of the proposed rest-
aurant, they are the most affected, and they do not favor one.
She reported she circulated a petition to 50 trailer residents and
44 objected to the restaurant because of the possibility of live
entertainment, noise, traffic, possible parking on Bloomfield and
possibility of trash being thrown on their property. The residents
objected to two stories and suggested a smaller restaurant.
Mr. Stan Adams, 5271 Lincoln, an employee of Victor's Flowers,
stated the traffic survey done by the applicant was not done during
a busy weekend. He felt there may be a parking conflict between
Victor's and the restaurant on holidays or special occasions when
Victor's does a lot of business. He reported on special days they
have 10 to 12 employees who park on Lincoln Avenue.
Mr. Bob Polido, part owner of the Hide Away, suggested that the
property to the east of Victor's Flowers would be more suitable
for the restaurant. He stated the parking lot cannot handle the
restaurant's parking and this will decrease chances of bringing in
new business.
Mr. Powery stated they realize the risk and they would not create
a parking problem which would put them out of business. He asked
that the Council rely on facts and not on emotional appeals. He
stated the mobilehome park residents are not property owners so
they were not notified of the hearing. He stated they agree to
provide sound attenuation measures and he reported there will be
no dance floor. He felt the overflow parking from the restaurant
can be accommodated and he stated they will provide the maximum
amount of parking space possible. He stated the restaurant was
shown on the sales plans for the condominiums so the residents are
aware of it.
Councilwoman MacLain stated the restaurant was never in question
since it was proposed in the original plans four years ago. She
stated the mobilehome park residents were aware of the restaurant
because they attended the hearings four years ago when the project
was discussed,
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City Council Minutes February 27, 1978
It was moved by Councilwoman MacLain and seconded by Mayor Hudson
to close the public hearing, adopt the following Resolution by
title only, title as follows, upholding the decision of the
Planning Commission subject to the requirement that the driveway
between the southerly parking lot and westerly access road be
closed, and direct the staff and applicant to resolve the parking
issue which is subject to review by the City Council. Council-
woman MacLain recommended that the applicant consider providing a
rear entrance to the restaurant and a driveway connection between
the restaurant's southerly parking lot and the shopping center
parking lot.
RESOLUTION NO. 1959
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING CONDITIONAL USE PERMIT
NO. 78-1 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Evans, Lacayo,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
MacLain, Sonju &
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was
moved by Councilwoman Sonju and seconded by Councilman Lacayo to
approve the Warrant List for Warrants #48141 through #48253 in the
total amount of $153,125.88. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEN: Evans,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, MacLain,
Sonju &
CONSIDERATION OF APPROVAL OF CYPRESS RECREATION AND PARK DISTRICT
COMMERCIAL WARRANT LIST: It was moved by Councilwoman Sonju and
seconded by Councilwoman Evans to approve the District Warrant List
for Warrants #7665 through #7700 in the total amount of $23,861.24.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Evans,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, MacLain, Sonju &
EXECUTIVE SESSION: Mayor Hudson
10:48 p.m. to discuss matters of
back to order at 11:05 p.m. with
called an Executive Session at
litigation. The meeting was called
all Council members present.
The City Attorney reported she received a report from the County
Health Department regarding problems on property at 5411 Marion
Avenue which was found to be maintained in an unsanitary and unsafe
condition and in violation of the Uniform Building Code and State
Health and Safety Code. She presented photographs of the property
and advised that the Council has the options of filing a criminal
complaint against the owner or holding a public hearing to determine
whether the property constitutes a public nuisance. She recommended
that if a hearing is held it be scheduled for March 13.
It was moved by Councilwoman Sonju and seconded by Councilwoman
MacLain to adopt the following Resolution by title only, title
as follows, which sets a public hearing date of March 13:
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M~nutes February 27, 1978
RESOLUTION NO. 1960
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
(IF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN
THE CITY OF CYPRESS MAY BE MAINTAINED IN SUCH A
WAY AS TO CONSTITUTE A NUISANCE AND DECLARING
IFS INTENT TO CONDUCT A PUBLIC HEARING TO ASCERTAIN
WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE
ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVI-
blONS OF ARTICLE III OF CHAPTER 13 OF THE CITY
CODE OF THE CITY OF CYPRESS.
The m~tion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Evans,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, MacLain, Son]n &
CONS£UERATION OF AGREEMENT BETWEEN CYPRESS RECREATION & PARK
Di_~.fR_[CT AND CITY OF LA PALMA: The City Manager reported that
Mayor Hudson and the Mayor of La Palma have conducted meetings
regarding the request by La Palma for a refund of taxes collected
by the District from those residents which were de-annexed from
the District to the City of La Palms. He reported both parties
consented to an agreement which would provide a refund of taxes
collected by the District which exceed those taxes collected by
La Pal.la, totalling $2,638.72.
It was moved by Councilwoman Sonju and seconded by Mayor Hudson
to direct the City Attorney to prepare the appropriate agreement
for ~elmbursement of taxes to the City of La Palma. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Evans,
Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, MacLain, Sonju
CONSIDERATION OF AIRPORT STUDY BY ORANGE COUNTY BOARD OF SUPERVISORS:
The ~:ity Manager reported he received a copy of an Orange County
c:-.cra[ Aviation report from Supervisor Schmit which is on the
Bt, ~v,l ,~I Supervisor's agenda for February 28. The report
that Los Alamitos Naval Air Station is one of the two most desirabl~
slte~4 in Orange County for general aviation purposes to meet the
need ~ of western ()range County and recommended further studies
orde~ to deve]op new general aviation facilities.
that general aviation was incompatible with military operations
at l,,),s Alamitos. The City Manager stated this determination was
made by the Department of Defense and verified by the California
(;~un~ i[man Lacayo indicated the City has consistently opposed
c,,mm-~*<:iai aviation at Los Alamitos. He suggested that Cypress
jt~in with cities surrounding the air station to conduct pub] ~c
bea~ inga to determine what is proposed for Los Alamitos and western
O~'an;,,e County. He requested a staff report on this matter fo~- the
next meeting.
Coun. ilwoman Sonju recommended that the City send a representative
to tomorrow's meeting and request attendance by adjanent cities,
aud also request a copy of the report for the individual Council
members.
-12-
,~ ~C~ty Council Minutes February 27, 1978
Mayor Hudson requested that the City Manager and Planning Director
attend the Board meeting and present the communication on the
Defense Department's determination on Los Alamitos and also convey
to the Board the Council's resentment that they have not acted in
a timely manner to solve the County's aviation problems and the
Council's objection that they are willing to impact the western
Orange County cities.
ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to speak
in regard to any matter which was not on the agenda.
Mr. John Kanel, 5502 Mildred Circle, Cypress, reported he reviewed
the Council candidates' campaign statements for the upcoming elec-
tion. He addressed several questions to Councilwoman Sonju regardln~
her campaign committee. Councilwoman Sonju stated she has complied
with all legal requirements and she suggested that if Mr. Kanel
has complaints or charges they be referred to the proper authorities.
The City Attorney stated the proper enforcement agency for viola-
tions of Proposition 9 is the District Attorney and that if a
citizen feels there are discrepancies between public records and
facts known to him then he should contact that office. Mr. Kanel
also inquired about actions by Councilwoman Sonju and whether they
would constitute a conflict of interest. The City Attorney advised
that there was no legal basis for a conflict of interest.
The Planning Director advised the Council that seven public hearings
are scheduled for the March 13 meeting and he suggested that several
of the hearings be continued because of time and other constraints.
It was moved by Mayor Hudson, seconded by Councilwoman Sonju and
unanimously carried to direct staff to schedule the continuance
of the hearings and notify the appropriate property owners that
the hearings will be continued.
ADJOURNMENT: It was moved by Councilwoman Sonju, seconded by
Mayor Hudson and unanimously carried to adjourn the meeting at
11:40 p.m. to Friday, March 3 at 3:30 p.m. at Assemblyman Wray's
office, 12062 Valley View Street, Suite #237, Garden Grove,
California.
MAyoR OF T~CITY OF CYPRESS
ATTEST:
CITY
CLERK OF THE CITY OF CYPRESS
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