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Minutes 78-05-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 22, 1978 The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday, May 22, 1978 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Donald Hudson presiding. PRESENT: Councilmen Lacayo, Rowan and Hudson ABSENT: Councilwomen Evans and MacLain Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following City staff members: Bryant, Davenport, Duke, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: Mr. Schatzeder led the pledge to the flag. MINUTES: It was moved by Councilman Lacayo, seconded by Councilman and unanimously carried to approve the minutes of May 8. COUNCILWOMAN MACLAIN ARRIVED AT 6:34 P.M. CONSIDERATION OF AWARD OF CONTRACT FOR THE LANDSCAPING OF VALLEY VIEW STREET FROM LINCOLN AVENUE TO ORANGE AVENUE AND FROM BELLE AVENUE TO CERRITOS AVENUE~ CITY OF CYPRESS PROJECT NO. 7681-90: The City Manager presented a report from the Public Works Director dated May 16 which outlined three bids received. COUNCILWOMAN EVANS ARRIVED AT 6:35 P.M. It was moved by Mayor Hudson, seconded by Councilman Lacayo and unanimously carried to continue the matter to the next meeting and request a staff report on the possibility of using City forces to perform the landscaping portion of the project and on the possibility of raising the dollar amount limit for projects which must Zo to bid. 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 bv one motion apDrovin~ the recommen- dation listed on the agenda. No Councilmember wished to remove an item. The City Manager requested that Item #9a be added to the Consent Calendar regarding a proclamation for Retinitis Pigmentosa Week. It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to approve Items #2 through #9a on the Consent Calendar. The motion unanimously carried by the followin~ roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan Item #2: Consideration of Application for a Self-Incorporation Transfer of a Type "40" On-Sale Beer License for Ralph Ernest Slayton and Gerald Lee Laub, DBA Humdinger 5/Slayton-Laub, Inc., 10461 Valley View, Cypress. Recommendation: Receive and file. City Council Minutes May 22, 1978 Item #3: Consideration of Extension of Time to Complete Improve- ments of Community Development Project, Third Year Program, to Improve Camp Street, Karen Avenue and Construct Wheelchair Ramps at Various Locations within the City, City of Cypress Project No. 7600-90, and Improvements of Moody Street, City of Cypress Project No. 7702-90. Recommendation: That the City Council approve the extension of time for the completion of Projects #7600-90 and #7702-90 with construction to be completed by June 16, 1978. Item #4: Consideration of Audit Report on Economic Development Administration (EDA) Grant Access Imorovements for the Handicapped at the Civic Center. Recommendation: Receive and file. Item #5: Consideration of a Resolution from the Requesting Legislation to Limit the Requirements t~on of Ordinances. City of Westminster for Legal Publica- Recommendation: That the City Council authorize the Mayor to trans- mit a communication to the appropriate State Legislators requesting legislation to limit the requirements for legal publication of Item #6: Consideration of a Resolution from the City of Urging State Legislation to Place the Resoonsibility for C~ards with School Districts. Westminster Crossing Recommendation: That the City Council authorize the Mayor to trans- mit a communication to the appropriate State Legislators to initiate State legislation to place the responsibility for school crossing guards with the School Districts. Item #7: Consideration of a Resolution from the City of Buena Park Urging State Legislation Regarding the Display of Harmful Matter to Minors. Recommendation: That the City Council authorize the Mayor to request the appropriate State Legislators to initiate legislation amending the Penal Code 313 and 313.1 by redefining "Harmful Matter to Minors" Item #8: Consideration of a Resolution of the Orange County League of Cities Urging Caltrans, the California Transportation Commission, the State Legislature and the Governor to Take All Measures to Insure the Expenditures Required by State Law for Caltrans District 7. Recommendation: That the City Council authorize the Citv's voting delegate to the Orange County Division of the League of Cities to support the Resolution on Caltrans expenditures. Item #9: Consideration of Traffic Commission Recommendation for a No Parking Restriction on Ball Road, 100 Feet East of Juanita Street. Recommendation: for a No Parking Street and adopt follows: That the City Council aoprove the recommendation restriction on Ball Road, 100 feet east of Juanita the following Resolution by title only, title as RESOLUTION NO. 1992 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO STANDING" ZONES AND "NO PARKING" AREAS. -2- City Council Minutes May 22, 1978 Item #9a: Consideration of a Request to Proclaim the Week of June 4-10, 1978 as Retinitis Pigmentosa Week. Recommendation: That the Mayor and City Council proclaim June 4 through 10 as "Retinitis Pigmentosa Week" in the City of Cypress. Councilwoman MacLain reported that the Mayor of Yorba Linda asked to make a presentation before the Council regarding the City's in- volvement with the Inter-County Airmort Authority. The Council requested that he be contacted and requested to ap,ear at the next Council meeting. Mayor Hudson reported that the Junior Olympics Committee and Stanton Athletic Club which held a junior olympics at Cypress Park last weekend offered to donate the team trophy to the City. The Council agreed to accept the trophy and Councilwoman MacLain suggested that it be displayed at the Community Center. CONTINUATION OF CONSIDERATION OF ACACIA MEDICAL CENTER HEALTH CON- DITIONS AND REGULATION OF PICKETING ON PUBLIC SIDEWALKS: The Cfty Manager presented a report dated May 17 describin~ the results of the health and safety inspections of the Center. The various agen- cies found no violations to exist. It was moved by Councilman Lacayo and seconded by Councilwoman MaeLain to receive and file the re,ort and that the Council direct a letter to the Medical Center outlining the Council's concerns regarding the seating situation and requesting correction, and direct a letter to the Chamber of Commerce requesting their assis- tance in this matter. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan CONTINUATION OF CONSIDERATION OF STREET SWEEPING ADJACENT TO BAP- TIST CHURCH? CAMP AND WATSON: The City Manager presented a report dated May 18 describing the City boundaries in the area of the Church, He reported that a small section of Watson Street immediately south of the Church is located within the City, but this section has not been swept by the City since the surroundin~ street is located fn Countv unincorporated area. it was moved by Councilwoman MacLain and seconded Evans to receive and file the report. The motion carried by the following roll call vote: by Councilwoman unanimously AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBER8: None ABSENT: 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to speak in regard to any matter not on the agenda. Mr. Bob Larkin, 9346 Gregory, Cypress, representing Cypress Pony Baseball, thanked the Council members for participating in the Dunk Tank during the May Festival and presented Mayor Hudson with a trophy as being the individual bringing in the most funds from the Dunk Tank. CONTINUATION OF PUBLIC HEARING RE: DISCUSSION OF NOISE COMPLAINTS AT HYATT DIE CAST & ENGINEERING CORPORATION: Mayor Hudson opened the public hearing and asked for the staff report. -3- City Council Minutes May 22, 1978 The Planning Director presented a report dated May 18 and stated the staff received a report from Mr. Brickson of the County Health Department on the findings of the additional noise monitoring studies which were conducted on May 9 and 1~ at Hyatt Die Cast. He reported that following the challenge by Hyatt's attorney regardinz the first noise readings, the noise monitoring instruments were calibrated and certified. Based on the second noise studies, no violation of the Noise Ordinance was found. Staff recommended that the report be received and filed and the hearing closed. The Planning Director stated he felt the reduction in noise was due to a reduced level of activities as well as physical alterations to the building. Mr. Ellwyn Brickson of the County Health Department reported the second noise readings were taken at the same locations and while operations were underway. He reported the noise level was reduced 50% from an average of 52 dB to 49.5 dB, and he stated 3 dB repre- ~ents half the noise. Mr. Brickson felt the reduction in noise was attributable to reduced activity and he stated the noise heard on the first visit was not from the roof wind turbines. The Plan- ning Director stated he would contact Hyatt regarding the noisy wind turbines and also request removal of the trash adjacent to the west wa] I . He stated he did not know the status of the homeowners' lawsuit against Hyatt Die Cast and how it has affected their cooper- at[veness. >~ayor Hudson asked if anyone wished to sneak on this matter. Mrs;. Wiima Wilson, 9190 Whitney Way, Cypress, reported that the ~o~se has been curtailed since the last two times she sooke to the ~ounci[. She felt the wind turbines which face bedrooms will present worse problem in the summer when windows are open. Mr. Fred Glass, 9210 Whitney Way, indicated he oooosed further con- tinuance of the hearing and stated Hyatt bas caused problems for ~be past ten years. He asked that the Council take some concrete a~tion. He suggested that the use permit be amended to have some ~eeth t~ offer protection against future v~olat~ons. Mr. ~lass also ~ quested that Hyatt complete corrections to dying landscaping ~-asb which were promised at the October, 1977 meeting with the [~ope~ty owners. Mr. Glass reported that propertv owners to the we~t again had their property taxes reduced and homes on Whitney Way s~e difficult to sell because of Hyatt D~e ~]ast. He discussed the problems with the Council. ~o~nci[woman MacLain suggested a program of continual noise moni- toring studies on a staggered basis. Chief Duke reported that bis department makes a formal report on all complaints it receives ~ezarding Hyatt noise. The Planning Director reported that at the O~tober 5, 1977 meeting, Hyatt agreed to comply with the land- ing, aping condition and clean up the accummulated trash. Councilm~n Rowan asked about the stat~s of the modified conditional use permit conditions. The City Attorney stated that the City and Hyatt Die Cast disagree on the validity and app]icabi]ity of the ~odif~ed c.u.p, conditions and that he did not know whether the homeowners' lawsuit would make a determination on them. He reported on the City's past legal action against Hyatt and stated that dis- ~ ussions with Hyatt were discontinued following the filing of the homeowners' lawsuit. Mrs. Wilson stated that before Hyatt moved into the City, the staff investigated their facility in another city and found it to be a low level operation and they probably felt it would be the same in Cypress. -4- City Council Minutes May 22, 1978 It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to close the public hearing, schedule a public hearing to review Hyatt Die Cast's conditional use permit for possible amend- ment, go on record in support of a staggered noise monitoring program, and request Hyatt Die Cast to correct the problems regarding landscaping, trash and the wind turbines. The motion unanimously carried by the following roil call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan RECESS: Mayor Hudson called a recess at 8:20 p.m. The meeting was called back to order at 8:35 p.m. with Councilwoman MacLain absent. CONSIDERATION OF REVIEW OF ARTS FACILITY ACQUISITION STUDY: The Recreation and Park Director presented a report dated May 16 which indicated the Council received a copy of the study. Mr. Don Galloway, chairman of the Arts and Cultural Commission, asked that the Council review the study which is the first step in the proposal to develop a facility to house various arts and cultural programs. He stated the Commission would like further direction from the Council and to hold a joint meeting with the Council and Recreation and Park Commission to examine the issues. COUNCILWOMAN MACLAIN RETURNED AT 8:37 P.M. Councilman Lacayo suggested that the Commission investigate working with the senior citizens' group which is eligible for funding. Mr. Galloway stated the Commission is aware of funding potential of several community groups and would like to work with them. It was moved by Mayor Hudson, seconded by Councilman Rowan and unanimously carried to receive and file the report and communicate to the Arts and Cultural Commission that the Council will schedule a joint meeting for July. PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 78-2~ 9242 WALKER STREET: Mayor Hudson opened the public hearing and asked for the staff report. The Planning Director presented a report dated Mav 17 which indi- cated the Planning Commission on May 4 recommended amproval of General Plan Amendment #78-2 which would change the designation of property located at the southeast corner of Walker Street and Newman Street from low density residential to retail and general commercial. He presented slides of the ~ropertv and reported an older single-family dwelling and detached garage are located on the property. Street improvements on Walker and Newman were in- stalled under the HCD Act and AHFP program. The Planning Director summarized Staff Report #78-21 dated April 28 which described the application and he reported on staff's intention to conduct a study of all properties fronting on Walker to determine the most appro- priate zoning. He stated there appears po be a transition from older single-family uses to small commercial operations. He re- ported the staff felt the properties should be classified for gen- eral commercial use and that the commercial zoning could extend to Karen Avenue. With regard to the application, he reported that adequate off-street parking can be provided, and the use requires four parking spaces. He reported that the conversion of residential uses to commercial uses must meet certain Building Code requirements which include two hour fire construction in commercial zones. Mr. Bob White, 9764 Cedar Court, Cypress, the applicant, stated they plan to use the entire building for their silk screen business. -5- City Council Minutes May 22, 1978 He reported four family members are employed and they may need one or two additional employees. He stated that within the next four to five years they plan to eliminate the existing dwelling and build a new structure. He reported repairs will be made to the interior and one person will reside on the property until an alarm system is installed. Mayor Hndson asked if anyone wished to speak in favor of the General Plan Amendment. Mr. John Montana, 9312 Walker, Cypress, asked if adjacent neighbors were aware of the proposed business. The staff reported that public hearing notices were mailed to property owners within 300 feet of the subject property and staff received no objections at the Planning Commission or Council hearings. Mr. Montana stated his only concern was not knowing how far the commercial zoning will extend on Walker. He stated he does not plan a business in his home and he did not anticipate any great problems with the applicant's business. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, asked what business the applicant was engaged in. He suggested that the City consider the entire section along Walker Street and avoid spot zoning and he suggested a zone that would allow both residential and commercial USGS° Mayor Hudson asked if anyone wished to s.eak in opposition to the Amendment. No one wished to speak in opposition. It was moved by Councilman Rowan and seconded by Councilwoman MacLain to close the public hearing and adopt the followinz Resolution by title only, title as follows: RESOLUTION NO. 1983 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING GENERAL PLAN AMENDMENT NO. 78-2. Councilwoman Evans moved a substitute motion that the staff under- take a zoning classification study of the entire area on Walker Street between Newman and Karen Streets. She indicated she was concerned with spot zoning and wished to see planning of the Walker area more carefully studied. The motion was not seconded. Councilwoman MacLain stated she favored the study of commercial and residential zoning on Walker because it is in a state of flux. She stated the heavily travelled street is not conducive to resi- dences. The Planning Director recommended that the County island be included in the study. The original motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan It was moved by Councilwoman Evans and seconded by Councilman ,Rowan to direct staff to undertake a zoning study of properties on Walker Street between Lincoln Avenue and Karen Avenue including the County unincorporated island. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan -6- ~City Council Minutes · ~ ~PUBLIC HEARING RE: ZONE CHANGE NO. 78-6? May 22, 1978 9731 WALKER STREET (MEEKHOF): The Mayor opened the public hearing and asked for the staff report. The Planning Director presented a report dated May 17 indicating the Planning Commission on May 4 recommended approval of the zone change which would change the classification of property located at 9731 Walker Street from CG-IO,O00 to a dual classification of CG- 10,000 and RS-6000. Approval of the zone change would bring the property into conformance with the land use designation approved under General Plan Amendment #78-1. Mayor Hudson asked if the applicant wished to speak. The applicant did not wish to speak. Mayor Hudson asked if anyone wished to speak in favor or in opposition to the zone change. No one wished to speak in support or in opposition. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close the public hearing, order the following Ordinance read by title only, title as follows, and to approve the f~rst reading of the Ordinance: 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 CHANGING THE ZONE OF A CERTAIN PARCFL O~ LAND FROM CG-10,000 TO A DUAL CLASSIFICATION OF CG-iO,O00 AND RS-6000 AND KNOWN AS ZONE CHANGE NO. 78-6. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBER5: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: Noae ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan CONSIDERATION OF APPROPRIATIONS FOR 1977-78 BUDGET: The City Manager presented a report from the Finance Officer dated May which listed appropriations to be made to the 1977/78 budget. It was moved by Councilwoman MacLain and seconded by Councilwoman Evans to approve the appropriations as listed in the report dated May 18. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF TENTATIVE TRACT MAP NO. 10411~ 8875 WALKER STREET: The Planning Director presented a reoort dated May 17 which indi- cated the Planning Commission on May 4 approved the tentative tract map which would provide for the establishment of a 56 unit condo- minium project on 3.4 acres of land located on the west side of Walker, adjacent to the north side of the Southern Pacific Railroad right-of-way. Staff recommended approval of the map subject to four conditions. Mr. Fred Cartozian, representing State Wide Developers, stated they have a lease with option to purchase the Southern Pacific property and fee simple ownership will be transferrred to the condominium purchasers. -7- City Council Minutes May 22, 1978 It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO. 10411 - WITH CONDITIONS. The Council held discussion regarding Condition #4 which requires that the Final Subdivision Public Report contain notification to future homeowners of the adjacent industrial development and poten- tial noise. Councilman Rowan stated this report applies only to the first sale and he asked for some type of notice and protection beyond ~he first sale, which m~ght be part of the deed transaction. The City Attorney suggested that such notice might be included in the Conc]itions, Covenants and Restrictions (CC&R's) for the project. Councilmembers Lacayo and MacLain agreed to include in the motion that the City Attorney be directed to investigate a suitable means of notification. Mr. Joe Hardcastle, 4588 Blanca Dr it was not the duty of the City to exercise good planning to prevent ive, Cypress, stated he felt warn buyers but the City should conflicts between land uses. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan CONSIDERATION OF AMENDING THE CITY CODE RELATING TO THE PROHIBITION 1! OF PARKING ON STREET SWEEPING DAYS: The City Manager presented a report dated May 18 indicating the staff recommended that specific ]anguage be added to the City Code authorizing the street sweeping parking prohibition and that a resolution be adopted establishing the specific times and places for the parking prohibition. Staff recommended these actions to provide a basis for enforcement of the prohibition. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance, and to adopt the following Resolution by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 16.54 OF THE CODE OF THE CITY OF CYPRESS, MOTOR VEHICLES AND TRAFFIC, BY ADDING SUBSECTION K, RELATING TO PROHIBITION OF PARKING FOR STREET CLEANING. RESOLUTION NO. 1985 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROHIBITING PARKING ON ALL PUBLICLY DEDICATED STREETS IN CYPRESS ON STREET SWEEPING DAYS FROM 8:00 A.M. TO 12:0D NOON, EFFECTIVE UPON COMPLETION OF POSTING OF APPROPRIATE SIGNS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mac Lain, Rowan City Council Minutes May 22, 1978 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve the Warrant List for Warrants #49057 through #49178 in the total amount of $362,284.69. The motion unanimously carried by the following roil. call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan ORAL COMMUNICATIONS: There were no Oral Communications presented at this time. EXECUTIVE SESSION: Mayor Hudson called an Executive Session at 9:40 p.m. for matters of litigation. The meeting was called back to order at 10:20 p.m. with all Council members present. The Council discussed a letter {rom the Mayor of the City of Long Beach regarding Cypress' withdrawal from SCAG. The Council agreed to invite the Long Beach Vice Mayor to the Congress of Cities on June 8 to discuss the matter. CONSIDERATION OF MEMBERSHIP IN THE ORANGE COUNTY CITIES RISK MANAGE- MENT AUTHORITY: The City Manager presented a report dated May 16 describing the Risk Management Joint Powers Authority. The City Attorney recommended several amendments to the Resolution which authorizes the City's participation in the Authority. It was moved by Councilman Lacayo and seconded by Councilman Rowan to adopt the following Resolution by title only, title as follows, as amended by the City Attorney: RESOLUTION NO. 1986 A RESOLUTION OF THE CITY COUNCIL OF 'iHE CITY OF CYPRESS AUTHORIZING PARTICIPATir~N IN TIlE ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY The motion unanimously carried by the foI]owln~, roi 1 call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ADJOURNMENT: It was moved by Councilman Lacayo, woman MacLain and unanimously carried to adjourn 10:25 p.m. seconded by Council- the meeting at ATTEST: CITY CLERK OF THE CItY OF CYPRESS -9-