Minutes 79-01-08184
MINUTES OF A REGULAR MEETING OF
TtIE CYPRESS CITY COUNCIL
HELD
January 8, I979
1'he regular meeting of the Cypress City Council was called to order
at 6:39 p.m. on Monday, January 8, 197~ in the Cypress City Council
Chambers, 5275 Orange Avenue, Cypress, California, Mayor Donald
ttudson presiding.
PRIiSENT:
ABSI!NT:
Councilmembers Evans, Rowan and Hudson
Councilmembers Lacayo and tlacLain
Also present were City blanager/City Clerk
John Murphy, and the following City staff
Duke, Hawley, Powell and Schatzeder.
Darrell Essex, City Attorney
members: Bryant, Davenport,
PLIiDGE OF ALLEGIANCE: The City Hanager
ORAl, COMMUNICATIONS: Mayor Hudson asked
in regard to any matter which was not on
one wishing to speak.
led the pledge to the flag.
if anyone wished to speak
the agenda. There was no
PRESENTATIONS: The City Manager administered the
newly appointed Recreation and Park Commissioner
Mayor Hudson presented her with a certificate of
loyalty oath to
Claire Crotteau
apDoi ntment.
MINDTES: It was moved by Councilman Rowan, seconded by Council-
woman Evans and unanimously carried to apnrove the minutes of
I) ecember 4, December 11 and December 26.
and
CONSII)I!RATION OF AWARD OF CONTRACT FOR TIlE IMPROVEMENTS OF VALLEY
VIEW STREET AND KATELLA AVENUE~ 350' N/O TO 650' S/O KATELLA ON
VALLEY VIEI~/, AND 650' W/O TO 350' E/O VALLEY VIEW ON KATELLA, FAU
PROJECT NO. M-0SO-PItASE I, INCLUDING TRAFFIC SIGNAl. INTERCONNECT
SYSTE~} FR~)bl ~I~COLN AVENUE 'FO ORANGEWOOD, CITY OF CYPRESS PROJECT
NO._ 7505-10:.~_ The City Manager presented a reDort from the Pub-ITc
Works Director dated January 2 which outlined the ten bids received.
The Public Works Director explained the scope of the project and
reported it consisted of improvement of the intersection to ultimate
width, dual Ieft-turn lanes on each leg of the intersect ion, street
widening on Valley View and Katella, a new eight-phase traffic signal
and a new storm drain crossing the intersection.
COUNCILWOMAN MACLAIN ARRIVED AT 6:45 P.il.
It was moved by Councilman Rowan and seconded by Councilwoman Evans
to: (1) authorize a budget transfer from the Gas Tax (2106) Fund and
appropriate $67,24D.00 from the Fund balance of the Gas Tax (2106)
Fund to Account #10-4186-472.21; and (2) determine that the lowest
responsible bidder for Project #7505-10, FAll Project M-030 is
Fleming Engineering, Inc., 139a9 Artesia, Cerritos, California and
award them a contract for the Valley View Street-Katella Avenue
Improvements per Proposal I in the amount of $556,012.15 suhject to
the approval of the Federal Highway Administration. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILblEMBERS: Evans,
0 COUNCILHEMBERS: None
1 COUNC ILHEMBERS: Lacayo
MacLain, Rowan & Hudson
CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRIJCTION SURVEY CONTRACT,
VALLEY VIEW STREET - KATELLA AVENUE INTERSECTION, CITY OF CYPRESS
PROJECT NO. 7505-10, FAU NO. H-030: The City ~{anager presented a
report from the Public Works Director dated January2 which outlined
the four bids received. The Public Works Director reported that
while the project did not provose to elevate the street grades, i~TM
will include street grade corrections with variable thickness pave-
meat. tie also reported that the berm along the flood control channel
on Valley View will be below street grade when the project is com-
p 1 et ed.
It was moved by Councilman Rowan and seconded by Councilwoman Evans
to determine that Duca and McCoy, 336 Poinsettia Avenue, Corona del
Mar, California, is the lowest responsible bidder and award them
the coutract for the construction survey of Valley View Street and
Katella Avenue, Project No. 7505-10-0~100, per their proposal in the
amount of $7,020.00. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Evans, MacLain,
NOES: 0 COUNCI LXlEHBERS: None
ABSENT: 1 COUNCILHEMBERS: Lacayo
Rowan & tludson
CONSENT CAI. ENI)AR: Hay'or t[udson annonnced that ~11 items listed on
the agenda under "Consent Calendar" were to be considered by the
Council ns routine and enacted by' one motion approving the recom-
mendations listed on the agenda.
With regard to Item #9 regarding renewal of the lease for the Frank
P. Noe Building with the Chamber of Commerce, Councilwoman Evans
questioned the provisions of the lease regarding charging the City
and other agencies a pro rata share of Chamber costs. It was
generally agreed that these provisions were inconsistent with the
discussions previously held with Chamber representatives and, with
the concurrence of the Chamber President, Mr. Jim May!or, ~{ayor
Hudson continued this item to the .lanuary 22 meeting to allow for
revisions to the agreement.
It was moved hy Cooncilwoman MacLain and seconded by Councilwoman
Evans to approve Items "3 throngh #16 on the Consent Calendar with
the exception of Item #9. The motion unanimously carried by the
following roi1 call vote:
AYES: 4 COIJNC I LMEMBERS: Evans,
NOES: 0 COIJNC I LME~iBERS: None
ABSINT. 1 COUNCI LMEMBERS: Lacayo
MacLain, Rowan
& i]udson
Item !ti: Hotion to Introduce and/or Adopt All Ordinances Presented
For Coasideration by Title Only and to Waive Eorther Reading.
Item #4: Consideration of a Claim Submitted by Hichae] D. Boland
On ~lf Of Kathryn ,J. Hare.
Recommendation: That the City Council officially deny
claim and refer the claim to the City's Claim Adjuster,
and Company, for appropriate disnosition.
the subject
Carl Warren
Item #5: Consideration of Claims Submitted by Edward R. Metz On
Behalf Of Vincent J. lasparro and Hary Jane Iasparro.
Recommendation: That the City Council officially' deny these
and refer them to the City's Claim Adjuster, Carl Warren and
for appropriate disposition.
claims
Company,
Item #6: Consideration of an Application to Transfer an
General Alcoholic Beverage License for Shopping Basket,
Cypress, California.
OFF Sale
9937 Walker,
Recommendation: Receive and File.
Item #7: Consideration of Adopting a Resolution Commending the
Cypress High School "Centurions" Football Team and Coaches for
Placing First in the Empire League Championship.
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(,l~y t,ounctl Minutes January 8, 1979
Recommendation: That the City Council adopt the following Resolu-
tion by title only, title as follows, and authorize Councilman
Lacayo to present the Resolution at the Cypress ftigh School's
annual banquet:
RESOLUTION NO. 2051
A I*ESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS COMMENDING THE CYPRESS HIGII SCHOOL
"CENTURIONS" FOOTBALL TEAM AND COACHES FOR
PLACING FIRST IN TIlE EMPIRE LEAGUE CHAMPIONSHIP.
Item #8: Consideration of an Application to Transfer an Off Sale
Beer and kine License for Shop N Go, 5961 Cerritos, Cypress, California.
Recommendation: Receive and file.
Item #10: Consideration of Lease Renewals Between the City of
Cypress and the Cypress Boys' Club for Facilities Located at 10161
Moody and 10491 Moody.
Recommendation: That the City Council approve the renewals of the
lease between the City and the Cypress Boys' Club for the facilities
at 10161 Moody Avenue and 10491 Moody Avenue with an expiration
date of December 31, 1979.
Item #11: Consideration of a Request to ,Join the Amicus Brief -
Condon V. City of San Mateo.
Recommendation: That the City Council authorize the City Attorney
to join in the amicus brief in support of San Mateo's position in
the case of Condon V. City of San Mateo.
Item #12: Consideration of Comments on SCAG's Draft 208 Plan and
the Draft EIR Relating to Water Quality.
~e.comm~nc~a~i.2E: That the Mayor be authorized to submit a communica-
tion to SCAG outlining the City's objections to the current Draft
208 Plan and Draft EIR on water quality and suggest that a revised
Draft be developed.
Item #13: Consideration of Request for the City Manager to Attend
the 1979 League of California Cities City Managers' Meeting.
Recommendation: That the City Council authorize the City Manager
to attend the I979 City Managers' Spring Meeting held in Monterey
on February 7 to 9, 1979 and that he be reimbursed for his actual
expenses.
Item #14: Consideration of a Request from the Orange County Vector
Control District for Support in Seeking Additional State Funds for
Vector Control.
Recommendation: That the City Council authorize the staff to notify
the appropriate State Legislators of the City Council's support of
the allocation by the State Legislature of subvention funds for the
support of vector control operations of the State.
Item #15: Consideration of Acceptance of Final Tract Map #9412 -
Southeast Corner of Orange Avenue and Denni Street.
Recommendation: That the City Council approve Final Tract Map
#9412 and accept the bonds for public improvements in the amount
of $512,000.00, which is not less than 50% nor more than 100% of the
total improvements, and authorize the City Clerk to sign the record
map.
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Item #16: Consideration of Acceptance of Improvements and Release
of Bonds for Tract #9624 South Side of Lincoln Avenue, Approxi-
mately 1400 Feet West of ¢{oody Street.
Recommendation: That the City Council accept the public improve-
ments in Tract #9624 as being satisfactorily completed in accordance
with plans and specifications and authorize the City Clerk to release
the Monumentation Bond and the Labor and Material Bond upon expira-
tion of their required lien period, providing no mechanic liens are
filed, with the Performance Bond to be held for one year from the
date of acceptance to guarantee against any defects in material or
workmanship.
CONSIDERATION OF TENTATIVE TRACT MAP NO. 10609 (9241 WALKER STREET):
The Planning Director presented a report dated December 28 and trans-
mitted the map which provides for the establishment of a 16 unit
condominium project, including one lot as a common area, on 1.31
acres of land at 9241 Walker Street. The staff recommended approval
of the map subject to three conditions.
It was moved by Councilwoman Evans and seconded by Councilwoman
MacLain to adopt the following Resolution by title only, title as
follows, approving Tentative Tract Map #10600 subject to the three
conditions listed in Resolution #2a52:
RESOLIITION NO. 2052
A RESOLUTION OF THE CITY COUNCIl, OF THE CITY
OF CYPRESS APPROVING TENTATIVE TRACT MAP
NO. 10609 WITII CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Evans,
NOES: 0 CODNC ILMEMBERS: None
ABSENT: 1 COIlNC ILMEb~BERS: Lacayo
MacLain, Rowan & ttudson
CONSIDERATION OF APPROVAL OE COMMERCIAL WARRANT LIST: It was moved
by Councilwoman Evans and seconded by Councilwoman ~acLain to approve
the Warrant List for Warrants #50907 through #51156 in the total
amount oE $1,001,269.32. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNC ILMEMBERS: Evans,
NOES: 0 COIJNC ILMEMBERS: None
ABSENT: 1 COUNC ILbIEMBERS: Lacayo
~{acLain,
Rowan & Itudson
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL
WARRANT LIST: It was moved by Councilwoman MacLain and seconded by
Councilman Rowan to approve the District Warrant List for Warrants
#8691 through #8753 in the total amount of $104,583.14. The motion
unanimously carried by the following roll call vote:
AYES: 4 COtJNCILMEMBERS: Evans, MacLain,
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lacayo
Rowan & Hudson
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 78-30
(NORTHERLY SIDE OF KATELLA EXTENDING BETWEEN VALLEY VIEW AND WALK2~.~:
~layor Hudson opened the public hearing and asked for the staff report.
The Planning Director transmitted a report dated January 4 which
responded to questions raised by the Council during the December 11
hearing and also transmitted additional materials requested by the
Council. He indicated the applicant was requesting a continuance
of the public hearing to the next regular Council meeting.
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188
Mr. Steven Speck, representing Lucky Stores, Inc., requested that
the public hearing be continued to allow the Council to study ail
of the materials which have been presented by the applicant, their
consultants and the City staff and to allow the applicant to meet
witb the staff to settle issnes raised in the materials, lie stated
the applicant would like the entire Council to be present for the
hear ing .
Hayer lladson asked if anyone else in the audience wished to speak
at this tkme. There was no one who wished to speak.
It was moved by Councilwoman MacLain and seconded by Councilman Rowan
to continue the pnhlic hearing regarding Conditional ilse Permit
#78-30 to the dannary 22 meeting. The motion onanimously carried
by the Following roli call vote:
AYES: 4 COUNC IhMEMBERS: Evans,
NOES: 0 COONC ILMEMBERS: None
ABSF!NT: I COUNC I hME~,IBERS: Lacayo
MacLain, Rowan 8, lludson
COHNCILMAN LACAYO ARRIVED AT 7:05 P.M.
CONSIDERATION OF A REPORT FROM TIlE LINCOLN CENTER HOBILEItOME PARK
RENT STUDY COMbIITTEE: The City Manager transmitted a report dated
January 5 which reported on the findings of the Committee. [layer
Hudson continned this item until later to allow the park owners
and the attorney for the tenants an opportunity to read the report.
CONTINUiTION OF CONSIIJERATION OF A PROPOSED AMENDMENT TO ORI) INANCE
N0.~562 (!t_YATT DIE CAST ~; ENGINEERING CORPORATION): The City Hanager
presented a report dated ,January 5 which transmitted a report from
tile City Attorney relating to a proposed amendment to Ordinance
!t562 to allow a zone change on tile Ilyatt property withont reqoiring
a vote of the electorate. The City Attorney reported that in his
opinion Ordinance !1562 is a defensible ordinance and the amendment
suggested b> ttyatt's attorney would neither strengthen or weaken tile
ordinance, lie felt tile Council could amend the ordinance to provide
that there are certain exceptions to the requirement for an election,
and examples were outlined in his report.
Mayor Iludson suggested, in the absence of a representative of Ilyatt
Die Cast, that this matter be continued to allow Ilyatt an opportonity
to review the City Attorney's report. The Planning Director reported
that Ityatt's attoroey had received a copy of the report but would
not be present at tonight's meeting.
It was moved by Conncilman Rowan and seconded by Councilwoman HacLain
to receive and file the report submitted by the City Attorney.
Councilwoman Evans stated she objected to receiving and filing the
matter and recommended that the Council discuss the proposed amend-
meat since it provided a remedy to the longstanding problem at Hyatt
Die Cast. She felt there were indications that the Hyatt property
was improperly zoned, and that the voters woold not object to an
amendment of Ordinance #562 which she felt was not directed towards
parcels such as the Hyatt property. Mayor tludson felt the receive
and file action would not prohibit the Council from taking future
action or prevent Hyatt from requesting the amendment at any future
time.
Mr. Norm Osborne, 5792 Karen Avenue, Cypress, President and speaking
on behatf of the Cypress Citizens' Association, stated the CCA's
position is that any housing is more costly to maintain tax-wise
than commercial and industrial development which has a lower demand
for services. He noted the majority of Cypress voters expressed a
desire for more commercial and industrial development, not residen-
tial development. }te stated the CCA recommended that quiet, non-
disturbing commercial or industrial uses be sought for the Hyatt
property.
Mr. Fred Glass, 921 f~ Whitney Way, Cypress, stated Hyatt's neighbors
have experienced ten years of a noise nuisance and the City does not
need industry like tlyatt Die Cast. tle requested that concrete action
be taken to resolve the tlyatt problem. }te asked that the Council
consider tbe recommendations in the Planning Director's report
regarding alternative solutions to the Ityatt problem which he felt
were ~;till viable recommendations.
Mayor !lodson inquired abont the status of the zoning investigation
for the Ilyatt property. Tbe Planning Director reported that, accor-
ding to ttyatt's attorney, the Warmington proposal for a General Plan
amendment would not be filed. He suggested tbat the Council request
an npdated report ontlining what options remain, tte also reported that
it [~as his nnderstanding Ilyatt has purchased property outside the
County to relocate their operation and he indicated he weald contact
Hyatt to determine tbeir ~ntentions for the property.
ConnciIman Lacayo Felt tbe Council shonld concentrate on resolving
the noi<e problem before considering a zone change or ordinance
amendment which conld involve a year or two. lie requested that the
motion he amended to have the Planning DSrector prepare a report
on ~ plan to abate the noise problem regardless of what }lyatt plans
For his business and property. Conncilman Rowan reqnested that tbe
staff's report cover items which were discnssed previously, such as
estabI i shment of a redevelopment area on the property. Mayor ttudson
Felt the Connc~l sbonld take tbe initiative in considering zoning
of the property and the problems it has generated, investigate
whether [lyatt will relocate, and ev~luate all available options
soch a~ rezoning the property for its highest and best use. Council-
man Lacayo inqoired about the status of tbe existing operation
the }tyatt property was rezoned. The City Attorney reported that if
a Cene~'at Plan amendment was approved and the property was rezoned,
the ex~sting industrEal use would he legal bat non-conforming and
would be allo~,ed to remain Jn existence to allow fell amortization
of the inv~-stment on the property in accordance with an iRS amorti-
zation ~chedule. Councilman Lacayo Felt rezoning and amortization
of the ~se would not provide a timely solntion to the noise problem.
Coonci lmembers Rowan aod MacLain agreed to amend the motion to
dire~t the staff to prepare an updated status report For the next
meetin!,,, l'he motion unanimonsly carried by the Following roll call
AYES: 5 COIINC[LIX~EMBERS: Evans, l, acavo,
~ Itnd son
NOES: 0 COUNC ILMEMBERS: None
ABSENT: 0 COIJNC ILMEMBERS: None
The Co~nci] continued consideration of Item #21, Consideration of
a Report from tbe Lincoln Center MohiIehome Park Rent Study Committee.
The City blanager summarized a report dated ,Ianoary 5 whicb outlined
the activities and findings of the committee, lqith regard to the
nent strncture being charged at Lincoln Center, the Committee found,
based on the data it reviewed, that the rents were not unreasonahle,
did not produce an excessive rate of retnrn to the park owner, and
did not constitute rent gonging. The report ootlined several areas
of concern pertaining to mooilehome park housing which the Committee
recommended be considered by the Council. The Committee also rec-
ommended that tbe staff monitor on a continuing basis the maintenance
level of facilities and homes in the park, the rent structure, and
that they maintain contact with Senator Carpenter's office regarding
potential legislative changes relating to mobilehome parks.
Mayor Iludson asked if anyone wished to speak on this matter.
Mr. ,lobn Anderson, attorney representing a Lincoln Center tenant
group, stated be read the Committee's report but the tenants have
not had a cbance to review it. He thanked the Committee for their
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City Ee~ncil Minotes January 8, 1979
~la~forts but stated he felt the tenants would be disappointed with
the Committee's findings and inability of the Council to provide
a solution with regard to the rents, tIe requested an opportunity
to meet with the Committee members to discuss their findings and
he stated the tenants' group may request an opportunity to address
1he CounciI sometime in the future. Councilmembers Lacayo and Hudson
offered to meet with Mr. Anderson and to place the matter on the
agenda at the tenants' request. Councilman Lacayo stated the Com-
mittee recognized that mobilehome tenants have a unique problem in
that they own a coach but not the property and that stronger State
legislation is needed to grant more local control over mobilehome
parks. Councilman Rowan inquired if Proposition 15 refunds were
made to tenants. Mr. Anderson reported that refonds were made to
tenants who signed a new rental agreement prior to January 1, 1979.
Mr. ,John Bart, representing the owner of Lincoln Center, stated they
agree with the findings and recommendations of the Committee~ lte
reported Proposition 15 refunds were made to tenants who executed
a three year lease and of the 301 tenants in the aark, 255 have
written agreements establishing their rent and adjustments for the
next three years. He stated some tenants elected to remain on a
month-to-month basis since they plan on moving within the near future.
Mr. Bart thanked the Cooncil and Committee for their efforts and
offered to provide additional information to help them in Future
considerations.
The City Council agreed to receive and File the report on this item~
RECESS: The Mayor called a recess at 8:15 p.m. The meeting was
calle~ back to order at 8:50 p.m. with all Conncilmembers present.
ORAL COMM[JNICATIONS:
at this time.
There were no Oral Communications presented
CONSIDERATION OF A MEETING DATE FOR BUDGET WORKSHOP: The City
Manager presented a report regarding this matter dated January 5.
The Council discussed the scheduling of various meetings. The City
Council agreed to schedule a budget workshop on Monday, January
29 at 7:30 p.m. in the Administrative Conference Room, and also
scheduled a meeting with the youth sports league presidents For
Thursday, ,lanuary 25 at 7:3~ p.m. at the Cypress Community Center.
The Mayor requested staff to telephone the League presidents noti-
fying them of the meeting. The Council agreed to establish a joint
meeting date with the Cypress School Board upon receiving additional
information from the City Manager at the .January 22 meeting.
~layor Hudson provided an update on the City Entrance Signs project
and reported that all pertinent information was transmitted to Hr.
Dick ~lorris of the Rotary Club. Councilwoman HacLain stated
the Bicentennial Committee is interested in projects and suggested
that they may wish to participate with the Rotary Club.
Councilwoman MacLain inquired about the status of the joint resolu-
tion of western Orange County cities relating to Los Alamitos Naval
Air Station. The Mayor reported that the matter will be discussed
at the Mayors' next meeting on January 13. Councilwoman MacLain
also requested the Council's consideration of the matter relating
to the County's disposition of animals and vivisection. Mayor
tludson requested that this item be placed on the ,January 22 agenda
and that staff prepare a report and recommendation.
EXECUTIVE SESSION: Mayor Hudson called an Executive Session at
8:45 p.m. to discuss Item #2~ on the agenda, Consideration of a
Memorandum of Understanding for the Cypress Recreation and Park
District Employees, and other matters of personnel. The meeting
was called back to order at 9:22 p.m. with ail Councilmembers
present.
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City Council Minutes January 8, 1979
It was moved by Councilman Lacayo and seconded by Councilwoman
Evans that the City Council, acting as the ex officio Board of
Directors of the Cypress Recreation and Park District, approve a
Memorandum of Understanding between the City of Cypress and the
Orange County Employees' Association for the Cypress Recreation
and Park District employees. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILME~IBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNCIl, MEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ADJOURNMENT: It was moved by Councilwoman MacLain, seconded by
Councilman Rowan and unanimously carried to adjourn the neeting
at 9:25 p.m.
ATTEST:
M--A'{OR OF ~FE CITY OF CYPRESS
/
CITY CLERK OF THE CITY OF CYPRESS
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