Minutes 78-11-13150
MINtJTES OF A REGULAR MEETING OF
TIIE CYPRESS CITY COUNCIL
UEI, D
November 13, 1978
The regnlar meeting of the Cypress City Council was called to order
at 6:50 p.m. on Monday, November 15, 1978 in the Cypress City Council
Chambers, 5275 Orange Avenue, Cypress, California, Hayer Donald
Iludson presiding.
[RESENI.
ABSENT:
Councilmembers Lacayo, Rowan and Iludson
Councilwomen Evans and MacLain
Also present were Darrell Essex, City Manager/City Clerk, ,John
Murphy, City Attorney', and the following City staff members: Bryant,
l~avenport, I)uke, Itawley, Powell and Schatzeder.
PI,E[)f;E OF ALLEGIANCE: Mr. Ilawley ]ecl the pledge of allegiance.
ORAL COX~MUNICATIONS: Mayor Hudson asked if anyone in the audience
wisbed to speak in regard to any matter not on the agenda. No one
wished to speak.
M I NUTES:
R o w a n fl rid
It was moved by Councilman Lacayo, seconded by Cotincilman
unanimously carried to approve the minutes of October 25.
CONSII)IiI¢ATION OF AWARD OF CONI'RACT FOR SEVEN POI. ICE CARS
MENTS), REQUEST }:OR QUOTATION #7879-11: The City Manager presented
a report from the Finance Officer dated November 9 whicb outlined
the three bids received and indicated this was a combined bid for
Four c~ties.
It was moved by Coancilman Lacayo and seconded by Councilman Rowan
to accept the bid of Fletcher .Jones Chevrolet, 6633 Westminsler,
Westminster, California, as the lowest responsible bid and a~aFd
them the contract in the amount of $55,922 .24. The motion unani -
mously carried by the following roll call vote:
..\~ES: 3 COUNCILMEMBERS: Lacayo, Rowan &
NOES: 0 COUNCILMEHBERS: None
&BS[NT: 2 COUNCILMEMBERS: Evans & HacLain
Uudson
C(JNSiDERATION OF AWARD OF CONTRACT FOR THE LINCOLN AVENUE STORM
15RAIN FROM THE WFST CITY LIMITS TO 450 FEET WEST OF HOODY STREET,
CITY OF CYPRESS PROJECT #7811-20: The City Manager presenttd a
report from the Public~ Works Director dated November 6 which out
lined the eLght bids received and described the four alternate
proposals which were bid.
COUNEILWOMAN EVANS ARRIVED AT 6:15
The staff reported on the reliability of the low bidder, guarantees
for the proper performance of work, and costs of the alternatives.
It was moved by Councilman Lacayo and seconded by Councilman Rowan
to: (1) authorize a budget transfer from the Gas Tax (2106) Fund
and appropriate $20,00~.00 from the Fund balance of the Gas 'Fax
(2106) Fund to Account #10-4186-45723 (City's portion); and (2)
determine that the lowest responsible bidder for Project #7811-20
is Andrew Papac & Sons, 2~3~ Santa Anita Avenue, South E1 Monte,
California, and award them the contract per Alternate Proposal ~1
in the amount of $415,740.00 subject to the approval of bids
received by the State of California and County of Orange. The
motion unanimously carried hy the followin? roll call vote:
AYES: I COIINCILMEMBERS: Evans, l,acayo,
NOES: (3 COUNCILMEMBERS: None
ABSFNT: 1 COUNCILMEMBERS: MacEain
Rowan & Ifudson
('.it)' Cnuncil Hinutes November 13, I978
151
Councilman Lacayo requested that staff check the street pot holes
in the area of Ball Road and Via Largo.
CONSENT CALENDAR: Mayor Hudson announced that all items listed on
the agenda under "Consent Calendar" were to be considered by the
Counci 1 as routine and enacted by one motion approving the recom-
mendations listed on the agenda. The City Manager made corrections
to the recommendations for Items #5 and 8 and requested that Item
~12 be deleted from the Consent Calendar and continued to the
November 27 meeting.
~,lr. Ken llulse, 5158 Cumberland Drive, Cypress, requested that Item
#18 be removed from the Consent Calendar for discussion.
In response to a question from Councilman Rowan regarding ltem #14,
the staff reported that an extra eight feet of street width on
.luanita Street was dedicated by the property owner and is not re
quoted for street purposes and will become part of the development
at the ~:orthwest corner of Juanita and Ball Road.
(7OUNCII,WOMAN MACLAIN ARRIVED AT 6:4S P.M.
It was moved by Councilman Lacayo and seconded by Councilman Rowan
to approve Items #3 through 17 on the Consent Calendar, with the
exception of Item #18, and to continue Item #12 to the November 27
meeting. The motion unanimously carried by the following roll call
.\YI S: 5 COUNCILMEMBERS: Evans, Lacayo,
fi Hudson
NOIS: 0 COUNCILMEHBERS: None
ABSENT: 0 COUNCI LMEMBERS: None
'lacLain, Rowan
[rem t~3: Motion to Introduce and/or Adopt all Ordinances Presented
for Consideration by Title Only, ;tnd to Waive Further Reading.
Itom i!4:_ Consideration of a Resolution of Commendation for Eagle
Scout Steven Liivoja.
i~ecommendation: That the City Council adopt the following Resolu-
rio~ by-title only, title as follows:
RESOLUTION NO. 2030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS COMHENDING BOY SCOUT STEVEN LIIVOJA
ON ACItlEVING THE RANK OF EAGLE SCOUT.
Item #5: Consideration of a Claim Submitted by Mr. ~:red C. Fenton
i~ Be~If of ~r. Dan H. ~erris, ,Ir.
Recommendation: That the City Council officially deny the subject
application for leave to file a late claim.
Item #6: Consideration of a Request to Proclaim the Week of December
5 9, 1978 as Lungs for Life Week and that December 7, 1978 be Offi-
cially' Designated as Breathe Easy Day.
Recommendation: That the Mayor and City Council officially proclaim
tbe week of December 3-9, 1978 as "Lungs for Life Iqeek" nnd December
7, 1978 as "Breathe Easy Day" in the City of Cypress.
Item t~7: Consideration of a Request to Proclaim December 1-20, 1978
as the Annual Toys for Tots Campaign.
Recommendation: That the Mayor and City
1-20, 1978 as the annual "Toys for Tots"
Cypress.
Council proclaim December
Campaign in the City of
-2-
City Councid Minutes November 13, 1978
ltem #8: Consideration of a Request to Proclaim the Month of
January, 1979 as blarch of Dimes Birth Defects Prevention Month.
Recommendation: That the Mayor and City Council proclaim January
1979 as "March of Dimes Birth Defects Prevention Month" in the
City of Cypress.
Item #9: Consideration of a Resolution Pertaining to Employer-
Employee Relations.
Recommendation: That the City Council adopt the following Resolution
by title only, title as follows:
RESOLUTION NO. 2031
A RESOLUTION OF THE CITY COUNCIL OF TtlE CITY
OF CYPRESS AMENDING RESOLUTION NO. 970
PPRTAINING TO RELATIONS AND COMMUNICATIONS
BETWEEN THE CITY OF CYPRESS AND ITS EMPLOYEES.
Item #10:
Consideration of 1978~79 Budget Reductions.
Recommendation: That the City Cotlncil approve the budget redoc-
tions as ontlined in the report from the Finance Officer dated
November 6.
Item_ ~_l&: Consideration of Authorization to
in the Public Works Department.
Replace Clerk (CEI'A)
Recommendation: That the City Council approve the replacement of
tbe Maintenance Clerk (CETA) in the Public Works Maintenance Division.
Item #12: Consideration of Acceptance
and Recurring Weeds and Assessment for
Phase I for the 1.78-,9q ~ Program.
of Weed Abatement of Seasonal
Weed and Rubbish Abatement for
Recommendation:
meet 1 ng.
That this matter be continued to the November 27
Item #13: Consideration of Project #7844-90, llolder Street Railroad
Crossin~ #BBN-515.53, between Katella and Cerrltos, \pproval of
Agreement with Southern Pacific Transportation Company.
Recommendation: That the City Council: (1) authorize a budget
transfer from the Gas Tax (2106) Fund and appropriate $55,~00.(>0
from the Fund balance of the Gas Tax (2106) Fund to Account
#10-4186-548.21; and (2) approve the Easement Agreement with the
Southern Pacific Transportation Company and authorize the Mayor to
sign and the City Clerk to attest the signature on the Agreement.
Item #14: Consideration of Abandonment #78-1, Portion West Side of
,luanita Street, North of Ball Road.
Recommendation: That the City Council adopt a Resolution of Inten-
tion to abandon the street described in the staff report and set the
public hearing for this matter on December 11, 1978, by title only,
title as follows:
RESOLUTION NO. 2032
A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY
OF CYPRESS DECLARING ITS INTENTION TO ORDER
THE VACATION OF THE PORTION OF JUANITA STREET.
Item #15: Consideration of Tentative Tract Map #10584 (9541 Graham
Street).
Recommendation: That the City Council adopt the following Resolu-
tion by title only, title as Follows, npproving Tentative Tract Map
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City Cooncil Minutes November 13, 1978
153
#10584 subject to the three conditions of approval as recommended
by the Staff and Planning Commission:
RESOLUTION NO. 2033
A RESOLUTION OF THE CITE. COUNCIL OF THE CITY
OF CYPRESS APPROVING TENTATIVE TRACT MAP
NO. 10584 WITH CONDITIONS.
Item #16:_. Consideration of a Request to Fill
A~de Vacancy.
the CETA Maintenance
Recommendation: That the City Council, acting as the ex officio
Board of Directors of the Cypress Recreation and Park District,
authorize the replacement of a CETA Maintenance Aide position in
the Cypress Recreation and Park District.
lte~)~: Consideration of Acceptance of a Donation of S25.00
Recommendation: That the City Council, acting as the
Board of Directors of the Cypress Recreation and Park
accept the donation of $25.00 from the Cypress Junior
and transmit a letter of appreciation.
ex officio
District,
Women's Club
With regard to Item #18 on the Consent Calendar, Consideration of
Aothorization to Submit Proposal for DOE Electric and Hybrid Vehicle
Demonstration Grant, the Public Works Director presented a report
dated November 8 which described the grant proposal and vehicle
demonstration program.
Mr. Ken [Iulse, 5158 Cumberland Drive, Cypress, inquired about costs
of the program and felt the annual $9300 City's share was a reasonable
Figure. He stated this Federally funded program will still be paid
for by the taxpayers. He asked if the vehicles will replace existing
City vehicles, particularly three Recreation District vehicles.
The staEF responded that seven City vehicles will be replaced, in-
cluding the three Recreation vehicles, and eight of the demonstration
vehicles will be a reserve fleet. The staff responded to questions
From the Council on various aspects of the program including cost
Factors, vehicle characteristics, energy requirements, the contract
termination clause, and operation of the program after the four year
grant period. The staff reported that if the contract is offered to
the City then staff will respond to all questions raised by the Council
in a report, prior to the City's acceptance of the grant. Council-
woman ~lacLain asked that the report include information on the City
vehicles which will be replaced.
It was moved by Councilman Lacayo and seconded by Councilwoman
Evans to approve the proposal submittal to the Department of Energy
for 15 EHV vehicles on a 90% Federal and 1~% participation basis
and authorize the City Manager to appoint a Program Manager.
Mr. ttulse felt the Council should defer the program based on the
many uncertainties involved and that the City should not experiment
to this extent.
Councilman Lacayo stated the motion involved approval of the grant
proposal and did not commit the City to the program, and that there
w~ll be an opportunity for public input prior to acceptance of the
grant. Mayor Hudson spoke in support of the demonstration program
and felt there was more positive than negative potential. 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
-4-
City Council Minntes November 13, 1978
154
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #C-211
(HYATT DIE CAST): Mayor Hudson opened the public hearing and asked
For the staff report.
The City Manager presented a report dated November 9 indicating
the bearing was continued from the October 23 meeting in order to
allow the entire Council to hear the matter. The report transmitted
a communication from Mr. and Mrs. Wilson, neighbors of ltyatt Die
Cast, and a supplemental report from the Planning Director dated
November 8.
The Planning Director summarized his report which a]so transmitted
an original report on tlyatt Die Cast dated August 16. That report
described five alternatives which attempted to resolve problems on
tbe llyatt property. The Planning Director reported that the Warm-
ington Company submitted an application today for a General Plan
amendment for the ttyatt property. He stated that, if the Council
continues the Hyatt hearing, staff would recommend that additional
adjacent properties be inciuded as part of the over-all General
Plan amendment consideration. He reported that the Warmington
Compauy bas not purchased the property but has been given authori-
zation by ttyatt Die Cast to file the application. He reported that
at previous Planning Commission hearings, Hyatt has expressed a
prefere~ce for Alternative #5 which calls for the relocation of
their operation to another site.
Mayor Hudson asked if a representative of ttyatt Die Cast wished to
speak.
Hs. Mary Walker, attorney representing Hyatt Die Cast, confirmed
that Hyatt is interested in relocation but they would not he able
to relocate unless a sufficient profit could be made on the sale
of the property. She stated the Warmington Company would not pur-
chase the property unless they could obtain the zone change. She
reported that Iiyatt is working with staff in pursuing this proposal
and that they are aware of the eIection requirement. She stated
there is ao escrow on the property and Warmington was given auth-
orization to proceed with the zone change and, if it can be accom-
plished, Hyatt would proceed with the sale.
Mayor lludson asked if anyone wished to speak in favor or in opposi-
tion. ~here was no one wishing to speak in support or in opposition.
It was moved by Mayor Hudson and seconded by Councilman Rowan to
close the public bearing and to continue the matter regarding
Hyatt Die Cast to allow the Planning Director to investigate the
zone change proposal for the Hyatt property and additional adjacent
properties by whatever reasonable method, including redevelopment,
which will benefit the City in general, the property owner and
neighbors. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNCILMEHBERS: None
ABSENT: 0 COUNCILMEMBERS: None
MacLaln, Rowan
PIJBLIC ItEARING RE: GENERAL PLAN AMENDMENT NO. 78-6 (6081 AND 6091
ORANGE AVENUE): Mayor Hudson opened the public hearing and asked
for the staff report.
The Planning Director presented a report dated November 6 which
described the application to change the designation of a parcel
of land located on the north side of Orange Avenue, east of Valley
View from a commercial designation to high density residential.
The property, while zoned commercially, is currently utilized for
multiple residential purposes and the applicant proposes a multiple-
family residential use.
~2ity Co~'acil Minutes November 13, 1978
Mayor Iludson asked if anyone wished to speak in support of the
application.
5tr. Bill Waddle, 4322 Crescent, Cyp~(s', the property owner, re-
ported that be considered commercial development of the pronerty
but he felt it would not be viable because of the commercial com-
petition in the immediate area. Mr. Waddle indicated he was aware
oE the requirement for preservation of landmark trees. The Plan-
~kng I~irector reported that he has not checked whether the two Pine
trees are Landmark trees but if they must be removed for any reason,
such as ~he need to raise the grade of the property, then they must
be replaced with two specimen trees. Mr. Waddle also reported that
line two existing dwellings on the property will be torn down.
!,layer lludson asked if anyone wished to speak in support or in oppo-
si~ien to the application. No one wished to speak in favor or in
olpositioa.
it was moved by Councilwoman MacLain and seconded hy Councilman
i~owan tn close the public hearing and adopt the following Resolu-
t ion by title only, title as follows:
RESOI, UTION NO. 2034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
el CYPRESS APPROVING GENERAL PI, AN AHENDMENT
NO. 78-6.
The Council held discussion on residential versus commercial zoning
For the property. Councilman Lacayo opposed residential zoning and
encouraged office commercial use of the property. Councilwoman
livans also favored commercial zoning and felt a small neighborhood
commercial use, such as a pre-school or veterinary clinic, would
hc suitable on this size parcel and a good transition and buffer
between the condominiums and shopping center.
Fhe motion carried by the foIlowing roll call vote:
5', [:S: 3 COUNC ILHEMBERS: MacLain,
'~t:ES: 2 COUNCILMEHBERS: Evans &
,5! 81:NT: 0 COtJNC ILHEMBERS: None
Rowan & Hudson
Lacayo
PIIBLIC iIEARING RE: ZONE CHANGE NO. 78-10 (9141 VALLEY VIEW):
Hayer lh~dson opened the public hearing and asked for the staff
report.
The Planning Director presented a report dated November 6 which
indicated the Planning Commission recommended approval of the zone
change un October 19 which would change the designation of the
formcr Van Hunnick dairy property located on the west side of
Valley View, south of Lincoln from tbe CG-10,0~0 Commercial General
Zone to the PCM Planned Commercial Light Industrial Zone. The
zone change includes a Zoning Ordinance text which establishes
permitted uses and development and performance standards for the
PCM Zone. The text includes revisions recommended by. the Planning
Commission. Staff transmitted the text and development plan for
tbe property.
Mayor Hudson asked if anyone wished to
opposition to the proposed Zone Change.
to speak in support or in opposition.
speak in support or in
There was no one wishing
It was moved by Councilwoman Evans and seconded by Councilman
Rowan to close the public hearing, order the following Ordinance
read by title only, title as Follows, and to approve the first
reading of the Ordinance:
-6-
City Council Minutes November 15, 1978
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OE TIlE CITY
OE CYPRESS AMENDING ORDINANCE NO. 5S9, TIlE
ZONING ORDINANCE OF TtIE CITY OF CYPRESS, BY
CIIANGING TttE ZONING CLASSIFICATION OF CERTAIN
PR(/PERTY FROH CG-10,O00 COMMERCIAL GENERAL TO
PCM PLANNED COMMERCIAL/LIGHT I~OUSTRIAL AND
ADOPTING DEVELOPMENT STANDARDS FOR SAID PROP-
ERTY AND KNOWN AS ZONE CHANGE NO. 78-10.
Fhe
motion unanimously carried by the following roi1
A~ES: 5 COUNCILMEMBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COONCILMEMBERS: None
call vote:
MacLain, Rowan
CONSIDERAI'ION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was
moved by Councilman Lacayo and seconded by Conncilwoman ~{acLain to
apl)rove the Warrant List for Warrants #SOSS2 through */50668 in the
total amount of $173,155.13. The motion unanimonsly carried by the
following roll call vote:
AYES: 5 CODNCILMEMBERS: Evans, Lacayo,
& ttudson
NOES: 0 COIJNCILMEMBERS: None
ABSENT: 0 CODNCILMEMBERS: None
SECOND READING OP ORDINANCE RE: AMENDMENT TO ZONING ORDINANCE NO,
7T~--'.~ ~-C[fttRCIIES IN COMMERCIAL ZONES): It was mmved by Councilman
Rowan al~d seconded by Councilwoman MacLain to order the following
Ordioan~e read by title only, title as follows, and to adopt the
ORDINANCE NO. 655
AN ORDINANCE OF THE CITY COIJNCIL OF THE I:[TY
O!: CYPRESS AMENDING ORDINANCE NO. 5S9, TIlE
Z(INING ORDINANCE, PROVIDING FOR TIlE ESTABI, IS}I-
bll NT OF C}tURCHES IN ANY COMMERCIAL ZONE SUBdEC?
'10 A CONDITIONAL USE PERMIT AND KNOWN AS AMEND-
MINT TO THE ZONING ORDINANCE NO. 78-5.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, I,acayo,
& tludson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
MacLain, Rowan
CONSII)ERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL
WARRANT I, IST: It was moved by Councilwoman MacLain and seconded
by Councilman Lacayo to approve the District Warrant List for War-
rants #8563 throngh #8605 in the total amount of $160,448.18. The
motion unanimously carried by the following roll call vote:
AYES: 5 COtJNCILMEMBERS: Evans, l,acayo,
~ Hudson
NOES: 0 COUNCIL~IEMBERS: None
ABSENT: 0 COIINCILMEMBERS: None
MacLaln, Rowan
Mayor lludson asked if there were items to be added to the agenda.
At the City Manager's request, the Mayor added Item #25 to the
agenda regarding a request from the Police Department to proclaim
November 19 as Donald G. Sowma Memorial Day.
The City Council approved the request and proclaimed Sunday, Novem-
ber 19, 1978 as "Donald G. Sowma Memorial Day" in the City of Cypress.
-7-
Minutes November 13, [978
157
At the {:ity Manager's request, Mayor Hudson added Item #26 to the
agenda :'egarding notice of the proposed sale of tax deeded property,
\.P.~;24~-041-37 (an 18' by 200' strip located north of Cerritos
and wes~ of Denni).
It wa~ moved by Councilwoman Evans and seconded by Councilman Rowan
that the Council advise the Board of Supervisors that it has no
td~jection to the sale of the subject property, A.P.#242-041-37.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Lacayo,
& ltud son
N(~I S: 0 COIlNC ILMEHBERS: None
~ }~ S EN'I': 0 COUNC ILMEMBERS: None
HacLain, Rowan
The CitI, Hanager reported that the appraisal and auditor's report
on l, incoln Center Mobilehome Park will be transmitted to the park
owner b} November 15 and the information will be transmitted to
the ~'ouncil review committee by November 21.
l'!~e C~u~cil received reports from the City Attorney regarding the
d}:~l~ ib~tion of throw-away newspapers and regarding the throwing
of objects at vehicles and requested that the reports be transmitted
to the two concerned residents.
~!ayor ~!~dson transmitted information to the Council regarding
~he v. estern Orange County cities taking a position on a joint
?~ qolut on relative to Los Alamitos Naval Air Station. }le re-
~t}t~t -u that the Council transmit their comments to the City
\tlnager prior to the Mayors' meeting on November 18.
I XI!CLJ ['ix E SESSION: Hayor Hudson called an Execntive Session at
S:2{) p r:~ to discuss matters of personnel. The meeting was called
~a ~ to order at 9:02 p.m. with all Conncilmembers present.
,k\~, t,OM¢,ItlNICATIONS:___ Mr. Tom ,Justice, a property, owner on Camp
tree t, iYi'press, inquired about the City's intentions relative to
~,~ne>~timn of the County island located south of Lincoln and west
,~ kt F Street tie reported that he has applied for Cnunty
~, ildin! permits for multiple-family development but that he would
,!ref. r ~} develop the property through the City. Mr. Jnstice felt
~nnex~ti,)n would revitalize the area and that a public relations
effort ! v the City could reduce the adverse reaction of residents
1n the' area towards annexation. Mayor Hudson reported that the
st ~ff w.~s currently studying County islands within the City's
:;! he~'c ~ t' influence including the assets and liabilities of annex-
:ttir~n with the aim of consolidating services and improving snch
areas, Lut the Council was not prepared to make a decision as yet
re!4z~rding annexation of County islands. The City Manager reported
that staff's analysis will be on the Council's next regular agenda.
AI),JOURNHENT: it was moved by Councilman Lacayo, seconded by
Councilwoman MacLain and unanimously carried to adjourn the meeting
at 9:I5 p.m. to Tuesday, November 14 at 7:00 p.m. in the Adminis-
trative Conference Room.
ATTEST:
CITY CLERK OF THE CITY OF
CYPRESS