Minutes 78-08-14MIN[JTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
August 14, I978
The regulur meet.ng of the Cypress City Council was called to order
at ¢~:555 p.m. on Monday, August I4, 1978 in the Cypress City Council
Chamhers, 5275 Orange Avenue, Cypress, California, Mayor Donald
tlllds ~n presiding.
I~RI!SI!NT:
,\ BSliNT:
Councilmembers Evans, Rowan and lludson
Councilmembers Lacayo and MacLain
Also present were City Manager/City Clerk Darrell Essex, City
Atte?ney .)ohn Murphy, anti the following members of the City staff:
B~'yar~t, Davenl)ort, Duke, Itawley, Powell, Schatzeder and Shumard,
I'[~[D/i!! el: ALI, I!GIANCE: Councilwoman Evans led the pledge to the
ORAE (7OMMIIN]CATIONS: ..... Mayor Iludson asked if anyone wished to speak
in ~t,g:lrd to any matter which was not on the agenda. No one wished
,It~l,~ :;, ,lt]ly 10 and July 24. Mayor lludson ahstained on the minolr,:;
oE ,lislv 24.
t;~ Ni;~DIiRAI I()N OE AWARD OF CONTRACT EOR I)ATA PI~.~O(]!:,_~.SI~NC~/I'OI:_I. CI! SI'AT¼:
The ~:ity Manager pF~flsent-~ a r~-~ro~ the Finance Officer dated
,Xt~.,~ r ti which indicated staff recommended award of colltract
the ,t'ocessin< and print-out of Police statistical data to Z Eactof
at the s;~m(, rates as the current contract which is $300.00 per monlli,
V'Hnd : were inclHded for this service in the 1978/79 b~dget.
I t lx~ 4 moved ]>y (~otlnc i Iman Rowan and seconded by Counc i ] worn,ill
to ;/~'~:opl the hid of Z Eactor Corporation, 3345 Newport Butllcv;~vd,
Nc>x~})t~r't Beach, California, and award them the contract in lhe
of $4,~>00.00. Tho motion unanimously carried by the following
roi I cai I vote:
liS: 5 CO[INCILMEMBERS: Evans, Rowan ?} }todson
~li5: 0 CO/ NCILMEMBERS: None
\BSt!N'I': 2 COUNCIl,MEMBERS: l,acayo ?i MacLain
(]OIIN('II,M,\N IACAYO ARRIVED AT 6:40 P.M.
CONSIDERATION OF AWARD OE CONTRACT FOR WEED ABATEMENT FOR U1SCA[,
Yl!,,\lt 1978/79: The City Manager presented a report from the Pohl ic
Wot'k: liircctor dated August 1 which outlined three bids received.
It w;~< moved t)y Councilman Rowan and seconded by (~,ouncilwomi]n I v;~s
to dolevm~ne that the lowest responsible bidder is Edwin Webber,
Inc.. 8172 Rembrandt [)rive, Huntington Beach, California, and awn~-d
them a contract for the 1978/79 Weed Abatement Program in the to~al
alnotmt of $]3,15().00. The motion unanimously carried by the
following roll call vote:
,\YES: 4 COIINCILMEMBERS: Evans, Lacayo,
NOES: 0 COUNC ILMEMBERS: None
ABSENT: 1 COIINC ILMEMBERS: MacLain
PREStlNTATIONS: Mayor Hudson read and presenter] a resolution of
commendation to Mrs. Vivian Van Allen praising her involvement in
community activities and giving recognition for her selection as
the Eib'st Cypress woman to serve on the Orange County Grand Jury.
Mrs. Vau Alien thanked the Council and stated serving on the Grand
Jury was an enl ightening experience.
( i t) Counci 1 blinutcs
August 14, 1)/8
CONSt!NT CALIiNDAR: blayor Iludson 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 recom-
mendat ion 1 i sted on the agenda. No Councilmemher wi shed to remove
an item. (]ouncilwoman Evans requested a clarification of the waiver
of the admission tax at the Race Track (Item
It was moved by' Councilman Lacayo and seconded by Councilman Rowan
to approve Items #4 through #27 on the Consent Calendar. The
motion unanimously carried by the following roll call vote:
AYES: ,1 CO[JNCILMEMBERS: Evans, Lacayo,
NOES: 0 COUNC [LMEMBERS: None
ABSENT: I COUNC ILHEMBERS: MacLain
Rowan & ltudson
Item #4: Motion to Introduce and/or Adopt all Ordinances Present ed
for Consideration by Title Only, and to Waive Further Reading,,
item i!5: Consideration of' Application For a Person-to-Person
Transfer of a Type "2(/" Off-Sale Beer and Wine Alcoholic Bever;i~;o
I, iccnse for Frank C. Abel and Lufti Ozkan, DBA Tic 'lac Foods,
5;591 Bal I Road, Cypress.
Recommendation: Receive and file.
Item ti(): Consideration of a Request to Proclaim the Week
Seplembcr 1'7-2.i, 1978 as I,eukemia Week.
Recommendation: That the Mayor and City Council proclaim 1he ~,c,~.l<
0~ ¼epteiiiber~7-23, 1978 as "Leukemia Week" in the City of Cypress.
Item ,~, . Consideration of Application for Waiver of Admi ~s,on I ~x
S~ .Iiihn the. Baptist (',reek Orthodox Church, and a Reque;t to t . ~ i ~im
Sept omhtr 9 and 10, 1978 as Greek Festival Ilays.
Recommendation: That the City Council waive the admisslt~n lax
reqi~i~Q'm}ints ;ind al 1 other fees for the St. John the Bapti st
Orthodox Church in connection with their festival to be held
September 9 and 10, 1978 at Los Alamitos Race Track. This acl
by t}~o (:ity Council of waiving fees in no t, ay excuses or
complia~ce ~,ith the requirements of the State Department of
holic Beverage Control or compliance with the provisionq o? 5;t~
13 of the Zoning Ordinance which would require the appl iC~lllt:~
obtain a special use permit, at no fee, From the Planni:~V,
monl . ]t is further recommended that the Mayor and City Council
proclaim September 9 and [0, 1978 as "greek Eestival DayN" in
(~it3 of (:ypress.
Item JS: Consideration of Claim Submitted by A. Darlene Jones.
Recommendation: That the City Council, acting as the ex offic r~
B~i'~l of Dire~ctors of the Cypress Recreation and Park I/islricl
officially deny the subject claim and refer the claim to the C 15's
Claim Adjuster, Carl Warren and Company, for appropriate disposit~:,~.
Item #9: Consideration of a Request to Proclaim Labor Day, Septem-
ber 5~'1978, as ,Jerry Lewis Telethon for Muscular Dystrophy Day.
Recommendation: That the Mayor and City Council proclaim Lahor
[)hi'~-~-~tembe~ 4, 1978, as "Jerry Lewis Telethon for Muscular
Dystrophy [)ay" in the City of Cypress.
Item ,10: Consideration of a Request to Participate in a Vier Nam
Veterans' Memorial Fund.
Recommendation: In light of the various fiscal constraints faced
by -the City as a result of the passage of Proposition 15, staff
recommends that the Council receive and file the proposal.
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81
City Council Minotes August 14. 1978
Item /ill: Consideration of Designation of Alternate to the Orange
Counts Ilealth Planning Council.
Recommendation: Receive and fi le.
l~te? ~1~: Consideration of a Request for Authorization to Employ
Two CI~TA Traffic Control Aides (Part-Time).
Recommendation:__ In order to effectively implement the City Council's
dire~t ire in-this area, staff recommends that the Council authorize
thc ,'mployment and Filling of these two CETA part-time positions.
Itc? '13: Consideration of an Application for a Person-to-Person
Trai!:;fer of an Alcoholic Beverage License for Sineth Om and Reng
NOM.:\. Thach, I) BA Calva Dairy, 6297 Ball Road, Cypress.
Receive and file.
Item /~1:~:_ Consideration of a Request by tile Camp Fire (;iris of
Oran,e County tn Conduct a Fund Raising Drive in the City of: Cypress.
Recom[nendatioa:_ That the City Council grant the request of the
Orant~ County Council of Camp Fire Girls to conduct a candy sale
in lhe City of Cypress from January 24, 1979 througb Pebruary 21,
1979 and that they be granted an exemption From a Special Permit
p,~rs:~nt t:o Section 15-57 Al1) lb) of the City Code.
[tern 15: Coasideration of Bids for Orange Avenue Improvements
From o1()~ i~est of Grtndlay Street to Graham Street and Part of tBe
1%,st qide of {;rabam Street, City of Cypress Project No.
Rccor~mendation: That tile City Council reject the bid of Sully-Miller
Ci~nt~:acting ~mpany and authorize the City Clerk to rcadvertisc
bids with bids to be opened for the storm drain portion on
Scpl,,~,ber 15, 1978 at 10:00 a.m., and bids for the street and traf-
> i!4nal portion to be opened on November 7, 1978 at 10:(10
Item ~'10: Consideration of Agreement No. 075330 with the State
I)epa~tment of Transportation for Pavement Marker Demonstration
R¢'coltlnlclldat[ol~l That the City Council authorize execut ion o1:
S~pplemeut No. 2 to Agreement No. 07-5330 by the Mayor ~vit]l atle:~t
the City Clerk.
llem ~!17 : Consideration of Claim Submitted by Katharine Ellis,
93~4 12thel Street, Cypress.
I~ccommelLda[_io_L~: That the City Council, acting as the ex officio
Board of Directors of the Cypress Recreation and Park District,
o£Fi~ ia]ly deny the subject claim and refer the claim to the
(:it?,'-; Claim Adjuster, Carl Warren and Company, for appropriate
disrepair ion.
Item ,'!ig: Consideration of Annual Requalification of Participating
Cities in the Orange County Arterial Highway Financing Program.
Recommendation: That the City Council adopt the following Resolu-
tion by' title only, title as follows:
RESOLUTION NO. 2006
A RESOL/JTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS INFORMING THE COUNTY ARTERIAL
FINANCING ADVISORY COMMITTEE THAT NO CHANGES
ARE REQUESTED FOR INCLUSION IN THE COUNTY
ARTERIAL IIIGHWAY MASTER PLAN.
-3-
Council Minutes August 14 1978
Item. __ #19: Consideration of Amendment to Subdivision Ordinance
Allowing Cash Deposits or Letter of Credit in Lieu of Performance
and l,ahor and Materials Bonds.
Recommendation: That the City Council approve the first reading
of the following Ordinance by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF T[IE CITY
OF CYPRESS AMENDING SUBSECTION (c) OF SECTION
25-40 OF TttE CYPRESS CITY CODE RELATING TO
SUBDI¥ISION IMPROVEMENT SECURITIES.
Item #2D: Consideration of an Application For a Private Patrol
~-F~-Last Chance Security.
Recommendation: That the City Council authorize the issuance of
a permit For Private Patrol Services in the City of Cypress to Last
Chance Security, 15704 Clark, Bellflower, California, subject to
the provisions of the City Code relative to the operation of
private patrol services.
Item_ _ #21: Consideration of a Request to Change the Name of Covey
Circle to Leone Way (Tract #9964, Southwesterly Corner of tlolder
and Cerritos).
Recommendation: That the City Council adopt the following Resolu-
tion hy title only, title as follows, approving a street name change
in Tract "9964 from Covey Circle to Leone Way:
RESOLUTION NO. 2D07
A RESOLDTION OE THE CITY COUNCIL OF THE CITY
OF CYPRESS AUTttORIZING THE NAME OF A CERTAIN
STREI!T TO BE CHANGED WITHIN THE CITY OF CYPRESS.
Item J22: Consideration of Adoption of Resolutions Relating to
the Special Municipal Election to be Consolidated with the State-
wide Election on November 7, 1978.
Recommendation: That the City Council adopt the following Resolu-
tions by title only, titles as follows:
RESOLUTION NO. 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, CALIFORNIA, ORDERING, CALLING,
PROVIDING FOR AND GIVING NOTICE OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
NOVEMBER 7, 1978 FOR THE PURPOSE OF SUBMITTING
TO THE QDALIFIED VOTERS OF SAID CITY AN ADVISORY
MEASDRE RELATING TO CITY POLICY CONCERNING
ABORTIONS AND CONSOLIDATING SAID ELECTION WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON
SAID DATE.
RESOLUTION NO. 2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF
THE CITY OF CYPRESS TO BE HELD ON NOVEMBER 7,
1978 WITH THE STATEWIDE GENERAL ELECTION TO BE
ItELD ON NOVEMBER 7, 1978, PURSUANT TO SECTION
233D2 OF THE ELECTIONS CODE.
-4-
( ltv Council Minutes August 14, 1978 ~. ~
Item i~23: Consideration of Liability Insurance Program Status Report.
Reco?lmhn~at~ion: That the City Council: (1) authorize the expendi-
tures and deposits From the City's Insurance Reserve Fund as out-
lined in the report from the City Manager dated August 9; and (2)
appoint the Administrative Assistant, Public Works, as the City's
representative to the Orange County Cities Risk Management Auth-
oritc and authorize the City Manager to appoint the City's
alternate representative.
Item ~!~4_: Consideration of Application for a Person-to-Person
Transfer of a Type "20" Off-Sale Beer and Wine Alcohol ic Beverage
Eicense for Byung-Sou and Nyun-Joo Choi and Youn Kwon and Young
Kuk Klm, IIBA Bell Market, 5511 East Lincoln Avenue, Cypress.
R~c~ommendation: Receive and file.
Item~5'; ' : Consideration
se~'! ~o Attend Special
of a Request for Police
Management Courses.
Department Per-
Recoinmenflatig?: That the City Council authorize the attendance
oE one Police I, ieutenant at a Special Management Course to be held
i. ScFtemher and October, 1978.
Item ~26: Consideration of a Request for Special Appropriation
~ ~ei~l-ace a Refrigerator in the Police Department.
Rscommend~tlon: That the City Council approve an appropriation
aa amount not to cxceed $4S0 for the purchase of a refrigerator
thc Poi ice Department.
-/: Consideration of a Request
T~o CIi'{'A I [ Park Maintenance Aides.
for Authorization
ti) Employ
Recommendatioa:_. That the City, Council, acting as the ex officio
Board of Directors of the Cypress Recreation and Park District,
authorize the replacement of two CETA II Park Maintenance Aides.
CONTInUATiON_ OF CONSIDERATION OF REPORT ON JOINT STAFF MEETIN(;
BETW} [!N Till! CITY AND CYPRESS ELEMENTARY SCHOOL DISTRICT RF: TRAFF[(~
~1~;~i\1, ON WALKF~R STREET: The City Manager presented a report from
the Puhlic Works Director dated August 8 which reported on the
results of the meeting held ,July 24 to consider alternatives to
placing a traffic signal on Walker Street. The City staff recom-
mended a relocation of the crosswalk from Grindlay and Evergreen
to the north side of Vista Hermosa on Walker, and installation of
a temporary flashing warning sign on Walker until a final decision
is made, and that this action be implemented before the beginning
of the school year. Staff reported the School 8oard will consider
this matter at their August 16 meeting.
Mr. ,leith Wold, President of the Cypress School Board, expressed
the Board's willingness to meet with City representatives to inves-
tigate the sharing of responsibilities and costs for providing
student traffic safety measures and to work with the City on actions
necessary due to future school closures. He requested some crossing
area protection on Walker before the start of school, and he felt
a sign;ti wilI ultimately be required.
COI1NCII, WOMAN MACLAIN ARRIVED AT 7:05 P.M.
The Public Works Director reported that the signal proposed for
Walker Street would be mannally operated and would be in operation
24 ho~rs a day, lie stated it would remain green until activated
by a ~edestrian. The signal would be located about 150 feet south
of th~ intersection of Walker and Newman Street, Staff felt the
signal xqas warranted by the traffic counts and number of children
who would be crossing Walker to attend Swain School. lle reported
the earliest date for the signal nstallation would be mid-Octoher.
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City Council blinutes August 14, 1978
It was moved by Councilwoman Evans and seconded by Councilman
Lacayo to approve the installation of a temporary flashing warning
sign at Walker and Newman, approve relocation of the crosswalk at
Grindlay and [!vergreen Street to Walker and Newman, and approve a
waiver of the formal bbid advertising procedure and authorize the
staff to obtain proposals for a permanent traffic signal for Walker
Street.
Mayor [tudson stated the Council would continue to hold
with the School District regarding their participation
future crossing guard and traffic signal protection.
discussions
in providing
Councilwoman MacLain stated she did not support the motion since
the [:ouncil had not completed its review of the budget and deter-
mined areas for reductions. She stated she did not oppose the
temporary flashing signal but did object to the high cost of a
permanent traffic signal.
The motion carried hy the following roll call vote:
AYES: 4 COIINCILMEMBERS: Evans, Lacayo,
NOES: 1 COUNC ILMEMBERS: MacLain
ABSIENT: 0 COl[NC ILMEHBERS: None
Rowan 6 Itudson
CONTINUATION OF PUBLIC }IEARING RE: ADOPTION OF A PROGRAM FOR TItE
[!XPENDITIU{E OF FUNDS ALIOCATED UNDER REVENUE SHARING: Mayor }tudson
opened the public hearing and asked for the staff report.
'['he City Manager presented a report dated August 9 indicating the
hearing was continued from July 24 in order for staff to obtain a
more precise cost estimate of the utility undergrounding work
proposed along Katella Avenue and to investigate a further contri-
bution From the property owner/developer. The Planning Director
reported that after further discussions with the property owner/
developer, t was determined that the City's one-third share of
the project would be a maximum of $60,000 and not $75,000 as pre-
viously est mated. Staff further reported that the $461,100 of
available Revenue Sharing funds could be reduced by $100,000 to
reflect a carry-over of that amount which was budgeted for Civic
Center land acquisition.
Mayor tludson asked if anyone wished to speak either in support or
in opposition to the proposed program for expenditure of Revenue
Sharing funds. No one wished to speak in support or in oppositioo.
]t was moved by Councilman Rowan and seconded by Councilwoman Evans
to close the public hearing and (1) approve an ~propriation not to
exceed $60,000 as the City's contribution for the undergrounding
of utilities on the north side of Kg[ella Avenue between Knott
Avenue and Valley View Street, (2) approve the carry-over of
$100,Ol[l[ budgeted for land acquisition in the area of the Civic
Center, and (3) leave the remaining funds amounting to $301,100
from the Revenue Sharing program unallocated. The motion unani-
mously 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 PUBLIC HEARING RE: DETERMINATION OF THE DISTRIBU-
TION OF STATE SURPLUS FUNDS TO SPECIAL DISTRICTS GOVERNED BY THE
CITY COUNCIL: Mayor Hudson opened the public hearing and asked
for the staff report.
The City Manager presented a report from the Finance Officer dated
August 10 and reported the hearing was continued from the last
meeting in order to gget a definition of the term reserve as applied
to the distribution of State surplus funds. According to the State
-6-
( it, (iot]~c I Mi~]tJtes Atl}lust ]4, 1978
definition the Lighting District has a reserve of $140,639.64 and
the Recreation District has a reserve of $36,417.92. The staff
recommended that the $137,750.07 of surplus funds be distributed
tu the I~('cr'ea~ion and Park District. They reported that if the
funds ~ere distributed to the Lighting District, the City would
lose one-third off the amount to be received, or about $40,000,
based on the I,ighting District's reserve exceeding 5% of 1977-78
revenues. The City Manager clarified that thc Lighting Bistrict
fmnd:~ t~ere llOL a reserve but were accummulated to pay for upcoming
[)ill~ and the Funds in this acconnt would be depleted by November,
1978.
Cou~{ ilwoman l!vans Felt that if the Recreation District received
all ff tbe Funds then residents would be taxed more with the Light-
ing istrict users' fee. She Felt the City could substantiate that
the ighting District funds are not a reserve. Councilman Rowan
srat,,d Ilo gave priority to the t,ighting District and that main-
lain~ng it l~s of primary importance to the safety and welfare of
tile ,ommunity. lie stated, however, that he did not want the Light-
ing l~istr ct dependent on the State's allocation of funds and that
he lv~:~ted the City to receive all of the surplus funds to which
i t i ~ nt t I ed.
Mayo' Iludson asked if anyone in the audience wished to speak on
ti]is matter.
Mr. Io~, l!ardcastlc, 1588 Bl~]Hca Drive, Cypress,
i/ist~ i,:t was in l~orse F~nancial condition than
tri~ * and it shol~ld De maintained to eliminate
sl}('c:,ll taxes. 11o felt there were no areas to
the I i~Ibting District.
felt the Lighting
the Recreation Dis-
the need to raise
make reductions in
(]ot~t~ i Iwoman I!v:~ns asked how the funds were accummulated in the
Li~,lb~ ~ng District. The staff reported ftinds were accummt~lated to
pay ,~' ~])coming bills hy advance street light energy charges being
paid by devcloDers of residential tracts before the light poles
It ~;]s mov,,d bx Co~]ncilman Rowan and seconded by Councilwoman
MacI:~ir~ tr/ clo~e tile p(lblic hearing and distribute the $137,750~07
oD ~!at(' '~Ir[)](~s IrulldS available for Special Districts to the
(:ipr,,:~¢ R~'creat ion and Park District.
Celiac ilt~olllili/ I vails stated the Recreation District was not her highest
Drio~'it~ and that to offset the burden to the Lighting District she
sugg(sted that the City explore the possibil ity of accepting the
reduced anlotlnt of surpl/is funds and defend its position regarding
tile r 'serve in the L~gllting District.
Thc ( )~ncii held Ftc]the] discussion on the motion and on the alter-
natl,, of transferring the funds to the Lighting District. Council-
man [a~a>o inql~ired about funding Recreation operations with City
general Funds and transferring general funds back to the City from
tbe l¢~rk Di~;trict. The City Attorney indicated this was not legally
possible b~cause of the difference in City and Park District boundaries.
Coun( ilman Rowan suggested that Revenue Sharing funds could be
al loc~ted to thc l, tght lng District.
The motion carried by the following roll call vote:
~ODS:
ABSENT:
4 (OUNC II,MEMBERS: l, acayo,
1 COUNC ILMEMBERS: Evans
0 COUNCIl,MEMBERS: None
MacLaln,
Rowan ~ Hudson
Thc Connci ! members congratulated Councilwoman MacLain
elected President of the Orange Count>, Division of the
California C,i ties.
on being
League of
[t waa moved by Councilman
unanimously carried that a
for Councilwoman Macl,ain.
Lacayo, seconded by Mayor Hudson and
resolution of commendation be prepared
-7-
Council blinutes August 14, 1978
I'UBI,[C itI!ARING RE: APPLICATION FOR SPECIAL PERMIT - blR. JAHES R.
O'DO~ii~'~bN BEHALF OF ,JOE WARD'S TV & APPLIANCE, S262 LINCOLN
AVENIJE,_. CYPI~[iSS:___ Mayor Hudson opened the public hearing and
asked for' the staff report.
The City Hanager presented a report dated August 7 indicating the
permit application was for the operation of a secondhand store.
The Police Department investigation found no basis for denial of
the permit. The Planning Director recommended five conditions
for issuance of the special permit.
Mayor tludson asked if the applicant wished to speak.
Mr. ,~ames O'Douogue, the applicant, 5262 Lincoln, Cypress, reported
that he has already complied with the conditions recommended hy
the staff, lie reported he will not sell used TV's, and that he
has ohtaioed bids for the required fencing.
Mayor ttudsou asked if anyone wished to speak in favor or in oppo-
sition to the granting of the special permit. No one wished to
speak in suppnrt or in opposition.
It ~as moved hy Councilman Rowan and seconded by Councilwoman
MacI, ain to close the public hearing and approve the Special Permit
for Mr. ,James R. O'Donogue on behalf of Joe Ward's TV and Appliance,
subiect to the Following conditions:
lhe outdoor display of new and used televisions and appliances
is prohibited within view of Lincoln Avenue.
¼hnnlcl the rear yard area be uti ] izod for storage, screen
fencing shall be installed aloog the westerly property line,
sul)jcct lo (lit)' staff approval.
l~'indo~ si!Ining shall not exceed maximum Zoning Ordinance
limitatioos of' 10'~, of the total glass area.
Ihe repair nr painting of any' used appliance shall be (lone
thin a completely enclosed building and shall he subject
lhe specifications of the County Fire Marshal.
c SLd) cot btlsinoss stlall be operated in conformance with
~11 provi s ions of the Cypress Municipal Code.
l'he :~otion unanimously carried by the folloking roll call vote:
\ BS/! NT:
5 CODNCII,MErqBERS: Evans, Lacayo,
& kludson
¢! C OUNC ~ LIXil!iX] BER S: None
0 CODNC II,MI!MBERS: None
Macl,a in, Rowan'
I'IIBI, IC III,\RIN(; t/E: APPEAl, OF CONDITIONAL USE PERMIT NO. 78-14
(5,55i ~INIJ?I,N. ,\V~Nt~I_ET~): Mayor Iludson opened the public hearing and
asked for the staff report.
The l'Iannin,~ Director presented a report dated August 4 indicating
the ?lanning (;ommission on ,July 6 unanimously approved Conditional
l]ic lormi t i;78-ll For the establishment of an automotive tad iator
service at the northwest corner of Lincoln and Watson Street, sub-
jcct to the conditions recommended by staff. The applicants sub-
sequentlv filed an appeal of Condition #10 which required full
street improvements along Watson Street, based on the financial
difficulty of fulfilling this condition in addition to upgrading
t/~e existing buildings and property. The Planning Director identi-
fled the suhject property, surrounding land uses, and existing
and proposed uses on the property. The staff reported that the
only street improvements on Watson Street are adjacent to the
service station at the northeast corner of Lincoln and Watson, and
stre,,t improvements will be required for the vacant property to the
Cit) Eouncil Minutes August 14, ]978
north of this for which a conditional use permit was approved for
a commercial vehicle storage yard. He stated in another instance,
the 0roperty owner posted a full cash bond to guarantee the street
improvements.
Mrs. Myerdahl, 8921 Watson Street, Cypress, suggested that the
costs for the street improvements could be lowered if several
properties are improved at once.
Mr. and Mrs. Lowell Berwick, 6150 Grenada, Cypress, the applicants,
stated they plan to open a car radiator business and they are
prepared to upgrade the property, landscaping and buildings but
the street improvements would be a financial hardship. They
reported the cost of sidewalks and curbs alone is about $8,000.
The Planning Director reported that the Planning Commission reviewed,
hut did not officially approve, renovati~,n plans for the buildings.
The applicants proposed to connect the two front buildings with a
mansard roof treatment so that they appear to be one building, tte
recommended that, if the Council waives any of the improvements,
the applicants be required to submit plans for the renovation
of the property for Commission review and approval.
in response to questions from the Councilmembers, Mr. Berwick
stated a one or two year delay in imposing Condition #10 would
help. IIe also agreed that if street improvements are installed
on adjacent properties he would install his at that time. lte
]odJcated he would like to investigate a joint effort with neigh-
hors to install the street improvements. Mr. Berwick reported
that asphalt extends from his property to the street so there is
no dirt or dust problem.
M~yor [ludson asked if anyone wished to speak in favor or in oppo-
sition to the appeal. No one wished to speak.
Councilwoman Evans suggested that a joint effort between neighbors
be investigated as well as establishment of an assessment district.
]t was moved by Councilman Rowan and seconded by Councilman Lacayo
to close the public hearing, adopt the following Resolution by
title oaly, title as follows, to defer the imposition of Condition
l~ll) o1: Conditional Use Permit #78-14 for a period of one year or
until adjacent properties are developed and improved, and that an
a~ser~sment district be investigated in the interim:
RESOLUTION NO. 2010
A RESOLUTION OF TttE CITY COUNCIL OF THE CITY
OE CYPRESS APPROVING APPEAL OF CONDITION NO.
10 OF CONDITIONAL USE PERMIT NO. 78-14.
Mr. Joe llardcastle, 4588 Blanca Drive, Cypress, suggested that
for s~nall scale projects involving the remodeling of property,
a lien could be placed on the property to guarantee street improve-
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
PUBLIC HEARING RE: FINAL PROCESSING FOR NEGATIVE DECLARATION
VALLEY VIEW STREET AND KATELLA AVENUE, FAU PROJECT M 030, PHASES
[, il AND III, CITY OF CYPRESS PROJECT NO. 7505-10: Mayor Hudson
opened the public hearing and asked for the staff report.
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( it)' Council N[nutes August 14, 1978
The City Manager presented a report from the Public Works Director
dated August 3 which indicated the Federal Highway Administration
requires that a public hearing be held to solicit comments on the
conclusions contained in the Negative Declaration for the project.
The report described the proposed project.
H~yor Hudson asked if anyone wished to speak in support or in
opposition to the findings in the Negative Declaration. No one
wished to speak in support or in opposition.
It was moved by Councilman Lacayo and seconded by Councilwoman
MacL~in to close the public hearing and certify that the City of
Cypress has fulfilled the Public Availability process for the
Negative Declaration, Valley View Street and Katella Avenue, in
accordance with Federal Highway Administration requirements. The
motion unanimously carried by the following roll call vote:
AYES: S COUNCILMEHBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEHBERS: None
MacLain, Rowan
RECESS: Mayor Hudson called a recess at 9:05 p.m. The meeting
was called back to order at 9:17 p.m. with all Councilmembers present.
C([NSII)ERATION OF TENTATIVE TRACT MAP NO. 9412 - SOUTHEASTERLY
CORN[!R OF ORANGE AVENUE AND DENNI STREET: The Planning Director
presented the tentative tract map and a report dated August 4
indicating the Planning Commission on August 5 unanimously approved
the map which proposes the subdivision of about 19 acres into 94
single-family residential lots. He described the location of the
property and surrounding land uses.
Mr. ,Jim Peters, representing the J. M. Peters Company, stated he
had nothing to add to the staff report.
It was moved by Councilwoman MacLain and seconded by Councilman
Rowan to adopt the following Resolution by title only, title
as follows:
RESOLUTION NO. 2011
A RI!SOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING TENTATIVE TRACT NO. 9412
W1T}I CONDITIONS.
The motion unanimously carried by the following roll call vote:
AY[iS: 5 COUNCILMEMBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
MacLain,
CONSIDERATION OF FEES FOR USE OF ATHLETIC FACILITIES: The City
Manager presented a report regarding this matter from the Recrea-
tion and Park Director dated August 10.
Mr. George Hallak, 5452 Marion Avenue, Cypress, representing
Cypress Girls Softball League, asked if the report to the Council
was the same report considered by the Recreation and Park Commis-
sion and if both contained the same figures. The staff stated it
was the same report.
The Recreation and Park Director summarized the report, tie out-
lined the three-part motion by the Recreation Commission, explained
the proposed fees, and outlined six alternatives to the proposed
fee structure. He reported that the Pop Warner Football and Girls
Softball Leagues have expressed objection to the fees.
Mayor Hudson asked if anyone wished to speak on this matter.
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August 14, 1978
Mr. ]}on Palnmbo, 5491 Belle, Cypress, representing Cypress Pop
Warner Football League, compared his own cost calculations which
were lower than the fees proposed and he objected to the proposed
fees because he felt they did not reflect the true costs to the
Park District. He felt the leagues should pay only the actual
fees. Mr. Palumbo pointed out that a soccer league uses the
peripheral lighting when Pop Warner is using the field at Oak
Knoll Park yet the soccer league is not charged for the lighting.
}le felt if he decreases the amount of lighting to reduce costs
this will bring complaints from the soccer league. Mr. Palumbo
stated his league did not budget for the proposed Fees.
I'he staff explained how they derived the proposed fees and held
discussion on the fees with the Council. Mayor Hudson reported
that the Conncil's direction to the Recreation Commission was that
they investigate the service costs above basic maintenance of the
p~rk~ and transfer the fees for actual costs for ose of tBe playing
( i el ds to the users. He indicated the intention was not to make
a profit for the District. Councilman Lacayo suggested that the
(~oun~ i I continue the present policy and not charge the leagues
and that the Council study and define recreation and park services
and determine the payment for them. He suggested waiting to see
what actions the State will take to supplement funding to special
districts, and to consider the proposed fees with the other budget
Mr. George Hallak, Cypress Girls Softball, stated he objected to
paying increased fees but would pay them if necessary, lte asked
that the Counci! shelve the entire matter or consider his recom-
mend.~,tions to: implement the fees at another time after giving
advance notice to the leagues, eliminate the $1.06 bour]y atten-
d~nt fee, and eliminate the $2.03 hourly labor Fee and allow the
lea~ues to perform the work.
Mrs. Geraldine Smith, 5805 Wellson Drive, Cypress, asked that
1he (Jounci] research the matter further before approving the fees.
She ,sked for a report on why other cities are not charging user
lee~. She questioned whether all the lighting of the diamonds
~,~ at~eded. She stated she supported and participated in league
prop~,'ams and stated they are a deterrent to juvenile delinquency.
'Ibc Council waived the 11:30 p.m. adjournment time.
was moved by Councilman Lacayo and seconded by Councilwoman
I!vans to receive and file the report.
Mr. I) ick Russell, 6132 Rosemary, Cypress,
not make a rational decision based on the
aboot the cost figures.
felt the Council coold
inconsistencies raised
Councilwoman Evans stated she felt persons did not object to the
user fees and that ultimately they will be necessary. She stated
she did not support imposing them now because she was not sure
this was the correct schedule and because the Council has not set
priorities on the City or District budgets.
A substitute motion was moved by Councilman Lacayo and seconded
Dy Conncilwoman Evans to table the matter for further study. The
motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Evans, Lacayo & Rowan
NOES: 2 COUNCILMEMBERS: MacLain & Hudson
ABSENT: 0 COUNCILMEMBERS: None
Councilman Rowan stated his support of continuing the matter should
not reflect that he is opposed to charging the fees.
The Council agreed to schedule a meeting for September 5 at 8:00
p.m. with the Recreation and Park Commission and League represen-
tatives to discuss the matter of fees.
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/:it> Council Minutes August 14, 15)78
REC~Ii~S: Mayor ttudson called a recess at 12:00 a.m. The meeting
~as called back to order at 12:17 a.m. with all Councilmembers
present.
CONSIDERATION OF LEGISLATIVE BULLETIN 027-1978 FROM THE LEAGUE OF
CAL]EORNIA CITIES DATED ,JULY 18, 1978: The City Manager presented
a report dated August 9 which described and gave staff's recom-
*nendations on proposed legislation. With regard to SB 1257 con-
cerning CETA employees, the staff reported that the bill would
exclude CETA employees hired after October 1, 1978 from partici-
patiug in PERS; the employer's contribution to PERS would be con-
tinued for CETA employees hired prior to October 1.
It was moved by Councilwoman MacLain and seconded by Councilman
Rowan to: (1) direct staff to prepare a response for the Mayor's
signature to the appropriate officials expressing the City's
opposition to the following bills:
AB 2659 Ro: Labor Relations. Special Law for Police and
Fire. Arbitration Encouraged.
SB 1164 Re: Peace Officer Tenure.
SB 1704 Re: Inverse Condemnation. Costs and Attorney Fees.
SB 2197 Re: Arbitration Required in Public Agency Contracts.
AB 1791 Re: Seizure of Animals. Notice Required Prior
to Seizure.
AB 5250 Re: New Mandates Under Guise of Solar Energy
Protection.
SB I664 Re: Building Permits. Specific Form Required.
{2) direct staff to prepare a response
to the appropriate officials expressing
following bills:
for the Mayor's signature
the City's support of the
AB 2442 Re: Transportation. Speed Limits. More Local
Flexibility.
SB 2010 Re: State-Local Public Works Agreement Act Again
Proposed After Governor Fails to Act.
(3) direct staff to prepare a response for the Mayor's signature
to tl~e appropriate officials expressing the City's support of
SB 1237 regarding retirement for CETA employees, and opposition
to the regulation eliminating reimbursement for CETA employees
hired prior to October 1, 1978. The motion ananimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
MacLain, Rowan
CONS1DEI{ATION OF COPIER CHANGE: The City Manager presented a
report dated August 9 which reported on staff's evaluation of
various copying machines. Staff recommended the lease or purchase
of two Savin bond copiers. Staff described the lease and purchase
options available for the 5avin equipment.
It was moved by Councilman Lacayo and seconded by Councilwoman
MacLain to authorize the staf~ to enter into an agreement with the
Savin Company for the lease/purchase with yearly options of one
Savin 770 model bond copier and one Savin 780 model bond copier
and for the maintenance services for this equipment, and authorize
staff to determine the best financing rates available to secure
the agreement. The motion unanimously carried by the following
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(it/ (ouncil Minutes
roi i cal I vote:
August
14, ]978
AYES: 5 CODNCILMEMBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNC1LMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
MacLain, Rowan
CONSII)ERATION 0F ESTABLISHING A SETTLEMENT POLICY ON MINOR DAMAGF
LIABILITY CLAIMS: The City Manager presented a report dated August
1~ indicating the staff recommended establishment of a settlement
policy For law enforcement activities which may result in minor
property damage.
it ~;Is moved by Councilwoman MacLain and seconded by Councl]man
l.acayo to authorize the City Manager to implement a settlement
policy on minor property damage liability claims of $100.00 or
less. The motion unanimously carried by the fo]lowing roll call
AYES: 5 COUNCILMEMBERS: Evans, Lacayo,
& Mudson
NOES: O COUNCILMEMRERS: None
ABSENT: 0 COUNCILMEMBERS: None
MacLain, Rowan
CONSII)EI~ATION OE APPROVAL OF PLANS AND SPECIFICATIONS AND A[ITII-
OR[ZATION TO ADVERTISE FOR BIDS ON KATELLA AVENUE AND HOLDER STREET
TiLa},'FIC SIGNAL, CITY OF CYPRESS PROJECT NO. 7918-90: Thc City
'Iana~cr presented a report from the Public Works Director dated
Au~usl 4 which described the scope and financing for the signal
pro)cot. The staff reported that Recommendations #1 and #2 in
thc ~taff report should be deleted and Recommendation #5 was
chan?,ed by the City Attorney to require a condition of the furore
dcYelopment on the south side of Katella whereby the developer
would pay a fee of $19,000 as his share of the signal cost, and
this condition was in lieu of placiug the $19,000 assessment on
tt~o parcels.
It was moved by Councilwoman MacLain and seconded by Councilman
Rowaa to approve the plans and specifications for the installation
of the traffic signal at Katella Avenue and Holder Street, Project
N,~. '79(8-90, and authorize the City Clerk to advertise for Dids
with hids to be opened in the office of the City Clerk on Septem-
bc~ ;, 1978 at 10:50 a.m., and authorize that a condition be
plac~:d on the future development of property on the south side
nF Katella Avenue to require the developer's payment of $19,000
as bis share of the signal cost. The motion unanimously carried
by the following roll cai1 vote:
AYES
NOES
ABSENT:
S COUNCILMEMBERS: Evans, Lacayo,
& Hudson
0 COUNCILMEMBERS: None
O COUNCILMEMBERS: None
MacLa in, Rowan
CONSIDERATION OF CITY OF CYPRESS PROJECT NOo 7605-10, FEDERAl, Alit
URBAN PROGRAM REQUESTS: The City Manager presented a report from
the Public Works Director dated August 4 which described Four
projects that staff proposed to submit for FAU funding.
It was moved by Councilman Lacayo and seconded by Councilwoman
MacLain to adopt the following Resolutions by title only, titles
as follows:
RESOLUTION NO. 2012
A RESOLtJTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS REQUESTING THE ORANGE COUNTY TRANS-
PORTATION COMMISSION TO INCLUDE WITHIN THE
()RANGE COUNTY FEDERAL AID URBAN PROGRAM THE
DEVELOPMENT OF LINCOLN AVENUE.
Council blinutes August i4 1978
RESOLIJTION NO. 2013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS REQUESTING THE ORANGE COUNTY TRANS-
PORTATION COMMISSION TO INCLUDE WITHIN THE
ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE
DEVELOPMENT OF BALL ROAD.
RESOLUTION NO. 2014
A RI!SOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS REQUESTING TIlE ORANGE COUNTY TRANS-
PORTATION COMMISSION TO INCLUDE WITItlN THE
ORANGE COtJNTY FEDERAL AID URBAN PROGRAM THE
DEVELOPMENT OF KATELLA AVENUE, WALKER STREET
'FO VALLEY VIEW STREET.
RESOLUTION NO. 2015
A RESOI,UTION OF TIlE CITY COUNCIL OF TUE CITY
Ot; CYFRESS REQUESTING TIIE ORANGE COUNTY TRANS-
PORTATION COMMISSION 'FO INCLUDE WITHIN TttE
ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE
I)EVIiLOPMIiNT OF VALLEY VIEW STREET SOUTIIERN
PACIFIC TRANSPORTATION COMPANY RAILROAD
CROSSINC NORTH OF KATELLA AVENUE.
The motion unanimously carried by the roi]owing roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain,
& ttudson
NOES: 0 COUNC ILMEMBERS: None
ABSI!NT: 0 COUNC ILMEMBERS: None
Rowan
CONSII/ERATION OF RENEWAL OF CONTRACT FOR MAINTENANCE OF TRAFF[C
~I(;NALS: The City Manager presented a report from the Public
Works Director dated August 10 which outlined a list of contract
items. Staff recommended renewal of the contract with the present
contracter.
Iht Council agreed to continue the matter to the next meeting
and requested staff to negotiate for a three year signal maint-
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT L1ST: It was
moved by Councilwoman MacLain and seconded by Councilman Lacayo
to approve the Warrant List for Warrants #49750 through #49877 in
the total amount of $236,519.49. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Macl, a in, Rowan
SECON[3 READING OF ORDINANCE RE: AMENDMENT TO THE ZONING ORD1NANCIi
NO._ 78-4 (PCI ZONE): It was moved by Councilwoman MacLain and
seconded by Councilman Rowan to order the following Ordinance
by title only, t~tle as follows, and to adopt the Ordinance:
ORDINANCE NO. 629
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING ORDINANCE NO. 559, THE
ZONING ORDINANCE, BY ADDING A NEW SECTION,
SECTION 12.8 ENTITLED PCI PLANNED COMMERCIAL/
LIGtlT INDUSTRIAL ZONE, AND KNOWN AS AMENDMENT
'FO THE ZONING ORDINANCE NO. 78-4~
-14-
(lit) 17nnncil Minutes August 14. 1978
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 APPROVAL OF RECREATION & PARK DISTRICT COMHERCIAL
WARRANT LIST: It was moved by Councilwoman MacLain and seconded
by Councilman Lacayo to approve the District Warrant List for
Warrants #8216 through #8296 in the total amount of $137,S55.06.
I'he nlotion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNCILMEHBERS: None
ABSIiNT: 0 COUNCILMEMBERS: None
MacLain, Rowan
ORA1, I:OMbltlN ICAT IONS:
at this time.
There were no oral
communications presented
I!XliE[1TIVE SHSSION: Mayor Hudson called an Executive Session at
12:45 a.m. for matters of litigation. The meeting was called back
to order at 1:00 a.m. with all Councilmembers present.
ADJgI/RNMENT: It was moved by Councilman Lacayo, seconded hy
Councilwoman MacLain and unanimously carried to adjourn the meeting
at 1:00 a.m.
ATT E S T:
MAWOR OF T~ CITY OF CYPRESS
CITY CLE'R~( OE T~ CITY OF CYPRESS
-1S-