Minutes 79-01-22MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
January 22, 1979
The regular meeting of the Cypress City Council was ca/led to order
at 6:52 p.m. on Monday, January 22, lq79 in the Cypress City Cotlncil
Chambers, 5275 Orange Avenue, Cypress, California, ~layor Donald Hudson
presiding.
PRIiSENT:
ABSENT:
Councilmembers Evans, Lacayo, Rowan and Iludson
Councilwoman MacLain
Also present were City Manager/City Clerk Darrell Essex, City Attorney
,John Murphy, and the following City staff members: Bryant, Davenport,
Hawley, Powell, Schatzeder and Shumard.
PLEDGE OF ALLI!GIANCE: Councilman Lacayo led the pledge to the flag.
COUNCIl,WOMAN MACLAIN ARRIVI!D AT 6:3~ P.M.
ORAL COMMUNICATIONS: Mayor tlndson asked if anyone wished to speak
in regard to any matter which was not on the agenda. There was no
one who wished to speak.
PRIiSliNTAT[ONS: The City Manager
Orange County/Greater Los Angeles
be present.
reported that Mr. Nowak of the
Council on Deafness was unable to
H(N~JTI:,S: It was moved hy Councilwoman MacLain, seconded by Council-
man Rowan and unanimously carried to approve the minutes of January 8.
CONSII)ERATION OF AWARD OF CONTRACT FOR TIlE CONSTRIICTION OF ORANGE
AVliN[IE TRAEFIC SIGNAL MODIFICATION AT ORANGF7 AVENUE AND WALKER STRIiET
AND AT ORANGE AVENUE AND GRINDLAY STREET, CITY PROJECT #7667-10-0911,
PHASE III: The City Manager presented a report From the Public Works
Director dated January 16 which outlined the six bids received. The
Public Works Dkrector described the imnrovements which were proposed
and st~ted they will result in less traffic delays at the ~ntersections.
It was moved hy Councilman Rowan and seconded by Councilwoman Macl, ain
to determine that the lowest responsible bidder for Project J!7667-10-
0911 Phase llI is Smith Electric Supply, 10792 Knott Avenue, Stanten,
California, and award them the contract for thc Orange Avenue Traffic
Signal Modification in the amount of ~3~,842.~0. The motion unani
mously carried hy the Following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS
0 COUNC I L~IEMBERS
0 COUNCiLMEMBERS
Evans, Lacayo,
~ Hudson
None
None
MacLain, Rowan
CONSENT CALENDAR: Mayor Nudson 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 an~roving the recommen-
dations listed on the agenda. With regard to Item #17, Consideration
of Walker Street Executive [)rive Appropriation for Street Lighting/
Signal Work, the Public Works Director responded to questions from
Councilwoman MacLain and reported that the underground conduit, and
not the signal, was being installed at this time and the signal
should improve the traffic Flow on Walker Street. tte reDorted that
Executive Drive will he lined up with the Race Track driveway. At
Councilwoman Evans' reqnest, the Mayor removed Items #12 and 14 from
the Consent Calendar.
City Council Minutes January 22, 1979
!193
It was moved by Councilwoman MacLain and seconded by Councilwoman
Evans to approve Items #4 through #23 on the Consent Calendar with
the exception of Items #12 and #14. The motion unanimously carried
by the Following roll call vote:
AYES: 5 COIINCILMEHBERS: Evans,
& Hudson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEHBERS: None
Lacayo, MacLain, Rowan
Item #,1: Motion to Introduce and/or Adohr all Ordinances Presented
for Consideration by Title Only and to Waive Further Reading.
Item #5: Consideration of Request for an Exem¢tion from a Special
Permit for the American National Volleyball Association.
Recommendation: That the City Council grant the request of the
American National Volleyball Association to conduct a fund raising
drive in the City of Cypress from January 23, lq7q through January
23, 19ga, and that they be granted an exemption from a Special Per-
ndt pursuant to Section 15-57 A(1) (b) of the City Code, with soli-
citation limited to the hours of 9:00 a.m. 6:00 p.m,, ~{onday
through Saturday, on the condition that a list of the names and
addresses of all solicitors and responsible individuals be submitted
immediately to the Cypress Police Department.
Item #~.: Consideration of an Application for Transfer of an Alco-
holic Beverage License, Type "41" On Sale Beer and Wine, for Joseph
and ,June Lipuma, DBA Pizza Joe's, Sill Ball Road, Cypress.
Recommendation: Receive and file.
Item #7: Consideration of an Application for an Original Type "47"
On Sale General Alcoholic Beverage License for Benny Chen, DBA Hong
Wan Restaurant, 475~ Lincoln Avenue, Cypress.
Recommendation: That the City Council
tion, contingent upon the approval by
Use Permit #79-2.
receive and file the applica-
the City Council of Conditional
Item #8:
Account.
Consideration of Appropriation to the Community Promotion
Recommendation: That the City Council authorize the appropriation
of $5,0~0 from the General Fund account to the Community Promotion
Account #10-4188-117.02 (Christmas Sing and activities brochures).
Item #9: Consideration of a Letter of Commendation to Diane Ramsey
for Selection as an Outstanding Youth Volunteer of North Orange
Countv
Recommendation: That the Mayor be authorized to send a letter of
commendation on behalf of the City Council to Diane Ramsey for her
selection as an outstanding volunteer by the Volunteer Bureau of
North Orange County.
Item #10: Consideration of Authorization for the Building Suner-
intendent to Attend the 1979 California Building Officials Business
Meeting.
Recommendation: That the City Council authorize the Building Super-
intendent to attend the 1979 California Building Officials' Business
~eeting in San Jose on February 22-24, 1979, and be reimbursed for
his actual and necessary expenses.
Item #11: Consideration of a Communication from Senator Robbins
Requesting Support of SCA 2 Which Would Eliminate Inter-District
Compulsory Bussing in California.
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City Council blinutes January 22, 1979
Recommendation: That the City Council support Senate Constitutional
Amendment No. 2 and authorize the Mayor to notify the appropriate
State Legislators of this action.
Item #13: Consideration of Establishment of a Home Computer Course.
Recommendation: That the City Council, acting as the ex officio
Board of Directors of the Cypress Recreation and Park District,
ratify the recommendation of the Recreation and Park Commiss]on by
establishing the program and fees as outlined in the staff report
dated January 15, 1979.
Item #15: Consideration of Request for Authorization to Fill a
Vacant Secretary Position in the Planning Department.
Recommendation: That the City Council authorize the replacement of
the vacant Secretary position with a stenographer class at a salary
range No. 14 on the current salary resolution (~830 per month to
$1,011 per month).
Item #16: Consideration of Adoption of an Ordinance Relating to
the Regulation of Ambulances.
Recommendation: That the City Council apnrove the first reading
of the Ordinance by title only, title as follows, relating to the
regulation of ambulances and authorize the Mayor to sign and the
City Clerk to attest the Agreement with Orange County:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COHNCIL OF TIlE CITY
OF CYPRESS ADDING CHAPTER 2A TO THE CODE
OF THE CITY OF CYPRESS RELATING TO THE REGU-
LATIONS OF AMBULANCES.
Item #17: Consideration of Walker Street
priation for Street Lighting/Signal Work.
Executive Drive Appro-
Recommendation: That the City Council authorize a budget transfer
and appropriate $3,60a.00 from the fund balance of the Gas 'Fax (2106)
Fund to Account #10-4186-549.'22, and authorize the Koll Company to
proceed with the work.
Item .... #I~: Consideration of Acceptance of Improvements and Release
of Bonds for Tract #9743, Commercial Portion (Southwest Corner of
Orange Avenue and Valley View Street).
Recommendation: That the City Council accept the poblic improvements
in Tract #9743, Commercial Portion Only, as being satisfactorily
comploted in accordance with Plans and Specifications and authorize
the City Clerk to release the Monumentation Bond and the Labor and
Material Bond upon expiration of their required lien period, pro-
riding no mechanic liens are filed, with the Performance Bond to he
held for one year from the date of acceptance to guarantee against
any defects in material or workmanship.
Item #19: Consideration
of Bonds for Tract #9964
Holder Street).
of Accentance of
(Southwest Corner
Improvements and Release
of Cerritos Avenne and
Recommendation: That the City Council accept the public improvements
in Tract #9964 as being satisfactorily completed in accordance with
Plans and Specifications and anthorize the City Clerk to release the
Monumentation Bond and the Labor and Material Bond upon expiration 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 workman-
ship.
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,January 22, 1979
ltem #20: Consideration of Renewal
at 9451 Walker Street.
of Lease on City-owned
Property
Recommendation: That the City Council apnrove an extension of the
lease agreement between the City and Mrs. Helen L. Stockton for an
additional one year period beginning February 14, 1979, subject to
the following conditions: (1) Replace all broken window glass;
(2) Repair wooden window sash; (3) Repaint exterior of house and
garage, including trim; and (4) Remove weed growth in yard.
Item #21: Consideration of Request from the Cypress Employees'
Association for an Exchange of Itolidays.
Recommendation: That the City Council authorize the holiday ex-
change of Lincoln's Birthday, Pehruary 12, 1979, for the day after
Thanksgiving, November 25, 1979.
Item #22: Consideration of Request for
and Parks to Attend the California and
and Park Conference on March 2-6, 1979,
the Director of Recreation
Pacific Southwest Recreation
in San Diego, California.
Recommendation: That the Director of the Recreation and Park Dis-
trier he authorized to attend the California and Pacific Southwest
Recreation and Park Conference on blarch 2-6, 1979 in San Diego,
California, and that he he reimbursed for all actual and necessary
expenses.
Item #23: Consideration of Pronosed Position
Classification Amend-
Recommendation: That the City Council adopt the following Resolu-
tion by title only, title as follows, amending the Position Classi-
t:ication Plan as outlined in the staff report dated January 17:
RESOL//TION NO. 2053
A RESOLllTION OF 'File CITY COIINCII, OF TttE CITY
OF CYPRESS AMENDING RESOLUTION NO. 975 BY
Al)DING CERTAIN CLASS SPECIFICATIONS TO AND
BY DELETING CERTAIN CLASS SPECIFICATIONS
FROM TIlE POSITION CLASSIFICATION PLAN FOR
EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS.
With regard to Item #12, Consideration of Recreation and Park
Commission Name Change, the Council referred the item back to the
Commission and recommended that a more creative name be considered
for the Commission. With regard to Item #14, Consideration of Estab-
lishing a Haintenance Surcharge for Tennis Instruction, Councilwoman
Evans questioned the surcharge and the Recreation Director exvlained
the charge and indicated it was offset since the District is not
charged for use of the gyms at Cypress and Lexington High Schools.
tie felt that if the District is charged for the gyms in the futore
then the tennis charge coold be renegotiated. He stated that only
the District classes which involve 72 hours per week require the
lighting of the courts. Councilwoman Evans favored further negotia-
tions to lower the charges.
It was moved by Councilwoman Evans and seconded by Councilwoman
~acl,ain that the City Council, acting as the ex officio Board of
Directors of the Cypress Recreation and Park District, approve the
electrical and maintenance surcharge of $5.00 for evening instruction
and $1.00 for daytime instruction to be added to the current $12.00
instructional fee, and that the Council's comments regarding the
charges be transmitted to the Anaheim High School District during
future negotiations. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILHE~{BERS: Evans, Lacayo,
& ttudson
NOES: 0 COUNC ILMEMBERS: None
ABSENT: 0 COUNC ILMEMBERS: None
MacLa~n, Rowan
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City Council Minotes January 22, 1979
196
PRESENTATIONS: Supervisor Harriet Wieder representing the second
supervisorial district addressed the Council and expressed her desire
to form a strong working relationship with the City Council and City
staff in meeting mutual challenges and the increasing demands for
services. Issues that she indicated were of major importance were
urban growth and avoiding a duplication of efforts among governmental
agencies. Supervisor Wieder introduced her Executive Assistant
Ruth Ann Bingham, and complimented Hayer tIudson for his efforts
with the Mayors' group of western Orange County cities.
CONTINUATION OF PUBLIC ItEARIN(; RE: CONDITIONAL USE PERHIT #78-30
LUCKY STORES, INC. (NORTIIERLY SIDE OF KATELLA EXTENDING BETWEEN
VALLEY VIEW AND WALKER): ~ayor Iludson opened the public hearing and
asked for the staff report.
The Planning Director presented a report dated January 18 indicating
the hearing was continued from tile Council's January 8 meeting to
allow for further meetings between the avplicant and staff. Trans-
mitted with the report was a rer~ort frem the Orange County lluman
Services Agency on the anticipated noise that would be generated
by the Lucky project. The City Manager re~orted that the Council
received correspondence expressing opposition to the Lucky project
based on traffic concerns and street maintenance costs from Judy
ttoward, Diana Strumpf, Mr. and Mrs. Sabotini and Mr. and Mrs.
Stallworth. Mayor Hudson reported a letter from Mr. McCall was
also delivered to the City Conncilmemhers.
The Planning Director presented a summary of staff's presentation
at the January 8 hearing and explained the report from thc County
which analyzed the noise which would be generated by the Lucky
facility and pointed ont potential noise problems which would have
to he mitigated. He stated that if the Council decides to approve
the application, staff would like to suggest minor modifications
to the conditions of approval. Mr. Hawley reported that, in addi-
tion to the letters received, he received four telephone calls
from City residents expressing opposition to the project.
'File Puhlic Works Director explained a pavement evaluation chart of
the Katella/Valley View intersection which showed different portions
of the streets which were structurally sound, those which needed an
overlay to support the added traffic, and streets which would require
complete reconstruction to handle the traffic generated by Lucky.
Staff felt tbe existing pavement could be maintained for two to five
years with patching and minor overlay, but Lucky's impact of 1100
truck trips per day would require immediate reconstruction of streets
at an estimated cost in excess of $1 million. Mr. Schatzeder
reported on the FAU and AHFP funds which are available for street
reconstrnction projects. He reDorted FAll funds are allocated until
1982 and the County is cutting back on AIIFP funds which are being
used for their own projects. Mr. Schatzeder reported the current
traffic counts are 23,0(~g on Katella and 34,000 on Valley View. He
stated the FAU improvements to the intersection of Katella/Valley
View should be able to handle the Lucky traffic.
Mayor Iludson announced that he would like to make a slide presen-
tation on his study of two similar distribntion centers.
RECESS: The Mayor called a recess at 7:30 p.m. The meeting was
called back to order at 7:35 p.m. with all Councilmembers present.
Mayor ttudson presented his slides of the Ralph's center in Carson
located along the 9I Freeway and of the Alpha Beta center at Itarbor
and Imperial Highway which demonstrated the amount of truck traffic
generated by these facilities and its impact on normal traffic
flow on adjacent streets. He felt vehicle turning movements at
the intersection were impacted by the heavy trucks which required a
great deal of space and he concluded that the characteristics of
truck traffic would constitute Lucky's use as "heavy" industrial
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'City (iouncil Minutes January 22, 1979
which would be in conflict with the zoning of the subject property.
tie noted that the Katella/Valley View intersection currently has the
same traffic level as the Harbor/Imperial intersection with the
truck traffic.
Mayor tludson asked if the applicant wished to speak.
Mr. Steve Speck, representing Lucky Stores, re~)orted the applicant
attempted to research the questions which were unanswered at the
last hearing and their consultants were present to respond to
questions. He presented a colored rendering of the proposed project.
He also presented a map showing 60 industrial zoned acres adjacent
to Lucky's site which would be made available for development by the
$4 m/ilion in public improvements which tbey propose, which he felt
was of prime benefit to the Cit:~ and its industrial growth pattern.
The applicant felt a multi-tenant use could not hear the costs of
these improvements and Hr. Speck noted that the property owner
desires a single tenant for the property. With regard to traffic
impact, the applicant felt ~hcir' fa::'Jlity wonld generate an insig-
nificant increase (48c~ tri~$ over ~ ~1 h,~ur period) over and above
any other type of industrinl u~e which coold he developed on their
site, according to the t ratrfi c consnl rant's rpport . Al~o, the
traffic would be generated in 'ariens direct iens so no one area
of the City would receive a majnr impact, and the percentage of
truck traffic wonld be offset hy a rednction 5n normal vehicular
traffie from the l,ucky project. The applicant felt that the ~mpact
of traffic on the Katella [nterse,:tion would he offset ~f Lucky
provides a Katella Avenue ~cc~ess fer trucks, and that improvements
to the Katella/Valley View intersection would mitigate concerns
regarding trucks in the turning lanes. Mr. 5pock felt the requirement
for a paving overlay was et: minor significance in view of the current
condition of the streets and need for ret*air, tVith regard io the
impact of tho Lucky project on commercial growth, Mr. Speck reported
that, according to their consultant's report and conversations
with (;rubb and Ellis, their use will net negatively impact potential
commercial use in the area and will be nn more ncgativc than another
light industrial use. [lc rc~oorted I,ucky's peak morning traffic
will not coincide with that of commercial uses. With regard to
truck traffic noise and the (7ounty's noise study, bir. Speck stated
noise would be increased by any industrial use. Mr. Speck stated
they ft It a change in the taxing situation wonld create more
an incentive for commercial and industrial growth [n the future
and that the Lucky project would increase property values more
than a multi-tenant use. lie reported that at thc compilation
their expansion plans in 198{~, Lucky's buildings, improvements
and inventory will increase over $37 million, a 102g~ 1ncrease.
Hr. Speck stated they felt the ¢roject will benefit the City's
future, and that there would he no significant imnacts on adjacent
properties which could not be mitigated, lie further reported, ~n
response to questions, that 750 parking spaces are provided to
accommodate employees' shift changes, visitors and future expansion.
He reported that Lucky pays an inventory tax.
Mayor Hudson asked if anyone wished to speak in support of the
application. No one wished to speak in support, lie asked if any-
one wished to speak in opposition.
The following persons spoke in opl)osltion to the Lucky project.
Mr. Ray Holland, Public Work~ Director for Gnrden Grove, read a
letter dated ,January 22 expressing (;arden Grove's concern regarding
Lucky's adverse impacts on (;arden f;rove which wonld be caused by:
increased truck traffic on Valley View, which is at maximu/~ traffic
capacity, the resulting increase in traffic hazards and noise polls-
ties, the need for reconstruction of Valley View Street, and need
for the doubling of their annual street maintenance cost. He stated
they oppose the project unless it is approved subject to the appli-
cant providing mitigating measures for the adverse safety, environ-
mental and economic impacts on the City of Garden Grove. Persons
speaking in opposition were:
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blt. Joe Hardcastle, 458g Blanca Brive, Cypress
Mr. Ray Itolland, City of (;arden Grove
Mrs. Carol Vogle, 9866 ,Joel, Cypress
Mr. Kronenberg, 10499 Jeanine, Cypress
Mr. Diedrich Nicholson, 12692 Poplar, Garden Grove
Mr. dim Young, 5120 I,aur~l , Cypress
Mayor ttudson read a letter From the Chamber of Commerce Board stating
the Board does not favor the project or feel that it would serve
the best interests of the citizens and business of Cypress.
Mr. Speck responded to the previous speakers. He reported that only
a small percentage of their tm~cks are out-of-state trucks with
refrigerator units and they cio not run the engines on-site.
Regarding the Valley View t:afF~c concerns, he stated the Kimmel
report shows that current peak hour traffic on Valley View is 1850;
with Lucky's project it would he 1856. Also, the difference between
Lucky's and a iigh~ i~dnstr'~al ~lse is 15 vehicles at peak traffic
volume. Mr. Speck i'c:];~ rt~ th~t wo~ld he a small percentage of
trucks fa ma×imum of 1151 traveling on CerrJtos Avenue since there
are not many stores in ti~at norlherly direct]on, tle felt the Chamber
should consider the benefits oi ~)romoting industrial growth.
The Council held discussion on thc application. Mayor Hudson dis-
cussed tile peak traffic vn!umes and stated the City's experience
with surrounding industrial parks is that they do not generate a
high level of night activities,, lie stated he was concerned with
the County's noise report and Fact that residents on Valley V~ew and
Cerritos would be impacted hy truck traffic at night, tle stated he
viewed the operation as a tr'~ k terminal and a heavy industrial use.
Councilwoman MacI,ain reported on her experience with peak hoar
traffic between the Garden (;rove Freeway and her home and the
delays and congestion caHsed by trucks. She questioned whether
the traffic volumes from other developments in the Kate]la, Valley
View and Knott area were ~onsidered. She felt it was doubtful
whether any State tax changes would benefit the City. She stated
truck traffic was her major concern because of the need to improve
the streets, the adverse impact on adjacent cities, the night no~se,
and prohlem of f~nancing street repairs. Councilman Lacayo expressed
objectinn to the project because of the basic problems of traffic,
congestion, noise and lack ~f Funds to finance improvements and
expressed concern over the :~;,~atihility of the use For the area.
He felt the project did not ~ffer any benefit to the City. Connc~l
m:~n Rowan stated that whi I c ~e would prefer commercial development
and sales tax revenue, there ~as been no interest expressed, and
the I,ucky proposal is consistent with zoning of the property.
He noted that the proposed improvements will correct serious Drob-
lems on the property and will make available adjacent industrial
land. }te stated he supported the project. Councilwoman Evans stated
she considered the characteristics of the development in the indus-
trial area and the assets and liabilities to the City in view of
the City's goal For the property. She recommended that the Council
set goats for commercial development in the area which will benefit
the City.
It was moved by Councilman l,acayo and seconded by Councilwoman
MacLain to close the public hearing and adopt the following Resolu-
tion by title only, title as follows, denying Conditional Use Permit
#78-30:
RESOLUTION NO. 20S4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OE CYPRESS DENYING COND]TION^L USE PERMIT
NO. 78-30.
'File motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo,
NOES: 1 COUNC II,MI MBERS: Rowan
ABSENT: 0 COIlNC 1LM[ MBERS: None
ABSTAINING: 1 COUNC ILMEMBERS: Evans
MacLain & Hudson
City Conncil Minutes
January 22, 1979
199i
Councilwoman Evans stated she woold have liked the matter continued
so that staff could study and consider an overall development plan
for the property.
RECESS: Mayor Hudson called a recess at 9:15 p.m. The meeting was
called back to order at 9:50 p.m. with all Councilmembers present.
PUBLIC HEARING RE: CONDITIONAL USE PERHIT NO. 79-1 (6101 BALL ROAD):
Mayor Hudson opened the public hearing and asked for the staff report.
The Planning Director presented a re~ort dated January 15 which
described the application to establish, operate and maintain a fast
food, drive-thru restaurant at 6101 Ball Road in the CG-IO,000 Com-
mercial General Zone. He also presented the plot plan and elevations
of the proposed building, tte reported staff's concerns with the
project related to the inappropriateness of the land use due to the
location of several other fast food, drive-thru restaurants in the
area, and the possibility of an increase in the juvenile delinquency
problem which already exists in the area. The Planning Director and
Council discussed the extent of the juvenile probiem in the area and
the Planning Director felt it was largely attributable to restaurants
located in large and remote parking lots in which juveniles can
congregate and race automobiles. He reported the Cypress Skateway
does not experience this problem since they employ on-site security
and have a strict dress and behavior code for their clientele.
Mr. .John Colonna, 1433 N. Bronson, Hollywood, California, the appli-
cant, stated his intention with the restaurant is to provide a fun
Family eating place which will be of benefit to the City and which
will take juveniles off the street and provide them with jobs. lie
reported the menu will be a limited, fast food type and he described
the laser light show and promotional displays and materials which
they propose as an educational benefit to children. Mr. Colonna
expressed a willingness to cooperate with the Police Department to
control potential loitering and he felt his attitude and staff assis-
tance would prevent juvenile problems, tie agreed to employ a
security guard if it is determined that one is needed.
The staff advised that the Council would have a mechanism to review
the conditional use permit and require a security guard if necessary
by including a condition in the c.u.p, which grants the Council con-
tinual jurisdiction over the business' hours of operation. Mr.
Colonna agreed with such a condition.
Mayor Iludson asked if anyone wished to speak in support of the appli-
cation. No one wished to speak in support, lie asked if anyone wished
to speak in opposition.
Ms. Ricky Zinger, Hollywood, inquired if the educational material
proposed by the applicant would be ~art of his operation.
Mr. Larry Clyde, 9884 Milton Circle, Cypress, inquired about the
nature of a conditional use permit and this was explained by the
Planning Director. Mr. Clyde stated his concern was over the economic
viability of the business in this area. He felt noise from the out-
door londspeaker could be a problem for adjacent residents. Mr.
Clyde reported there have been two neighborhood burglaries in the
last three months and he felt access to the rear yards was gained
From the drainage channel. Mr. Clyde reported the Skateway has
created no problems.
Mrs. Carolyn Vogle, 9866 Joel Circle, reported that the Cypress Skate-
way does create problems since children climb the Fence and gain access
to Joel via the channel. She renorted their security guard does not
patrol the rear of the Skateway property. She stated idling car
engines in the parking lot create a noise disturbance and she felt
the proposed business would contribute to the noise.
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City Council blinutes
,January 22, 1979
Mr. Colonna responded to comments from the speakers. He reported
that his building would be soundproofed and the parking area will be
well lighted. Ne stated they will cooperate with the Skateway. Mr.
Colonna reported they plan to have an original educational program
about outer space every month which would involve children's games,
pictures, free cartoon booklets and other books for which they may
collect a small charge. He reported they propose hours of operation
of 7:00 a.m. to 11:00 p.m.
Mayor Hudson inquired if specific characteristics of the proposed use
would require more stringent development requirements as a protection
for the homeowners to the north, above the normal requirements. The
Planning Director responded that this use might be more attractive
to juveniles than another use. He stated the rear wall height could
be increased for added protection but he noted that there is no wall
separating this property from the Skateway property which has a six-
foot-high rear wall. The staff felt a six foot wall on the subject
property would be reasonable. The Planning Director pointed out the
location of the order box and stated sound will be directed away
From the residences.
It was moved by Councilman Rowan and seconded by Councilwoman MacLain
to close the public hearing and adopt the following Resolution by
title only, title as follows, approving Conditional lJse Permit #79-1
subject to the conditions listed in Resolution #2055, and with the
additional conditions that the business hours of operation shall be
subject to approval of the City Council and the necessity for a
security guard shall be determined by the City Council in the future:
RESOLUTION NO. 2~55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING CONDITIONAL USE PERMIT
NOo 79-1 - WITH CONDITIONS.
Councilwoman Evans stated she felt this type of drive-thru restaurant,
the generation of noise and layout of the building plan were incom-
patible with the adjoining residential neighborhood. She suggested
that the six-foot-high wall include appropriate screening, like
shrubbery, and that the hours of operation of the loudspeaker be
limited.
The motion carried by the following roll call vote:
AYES: 4 CO~JNC ILMEMBERS: Lacayo,
NOES: 1 COUNC ILME~BERS: Evans
ABSENT: 0 COUNC ILMEMBERS: None
MacLain, Rowan & tludson
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-2 (4756 L1NCOLN
AVENUE): Mayor Hudson opened the public hearing and asked for the
staff report.
The Planning Director presented a report dated January 15 describing
the application to allow the on-site sale of alcoholic beverages at
the Nong Wan Restaurant at 4756 Lincoln Avenue in the CH-10,000 Com-
mercial Heavy Zone. Staff recommended approval subject to one condi-
tion.
Mayor Hudson asked if anyone wished
tion to the application. There was
or in opposition.
to speak in support or in opposi-
no one wishing to speak in Favor
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain
to close the public hearing and adopt the following Resolution by
title only, title as follows, aDproving Conditional Use Permit #79-2
subject to the condition listed in Resolution #2056:
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City Council Minutes ,January 22, 1979
RESOLUTION NO. 20S6
A RESOLUTION OF TIlE CITY COUNCIL
OF CYPRESS APPROVING CONDITIONAL
NO. 79-2 WITH CONDITIONS.
OF THE CITY
USE PERMIT
The motion unanimously carried by the following roll call vote:
AYES: S COUNCILMEMBERS: EEvans, Lacayo, MacLain, Rowan
& Hudson
NOES: 0 COIJNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT NO. C-211
(IIYATT DIE CAST & ENGINEERING CORPORATION): The Planning Director
presented a report dated January 17 which described the alternatives
remaining for resolution of the problems on the Hyatt property.
The two remaining viable alternatives were: modification of the
conditions of the use permit to achieve compatibility with adjacent
residential uses, or to provide for eventnal elimination of the
industrial operation through a General Plan amendment which would
change the zoning designation of the property.
Councilwoman MacLain inquired about the possibility of redefining
the ML-20,000 zone classification to delete a die cast operation
as a permitted use. The Planning Director stated this could be
accomplished through a minor amendment to the Zoning Ordinance text.
The City Attorney stated this procedure would not effect any imme-
diate change in the present situation since the die cast operation
would be allowed to remain as a legal, non-conforming use. The
Planning Director did point out that, if such a Zoning Ordinance
4!!!endment or zone change occurred on the property and the present
die cast operation ceased for a period of 180 days or more, it
could not be resumed after that period.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, inquired if the con-
ditional use permit could be repealed following a public hearing and
a determination of problems which might exist, and he also inquired
if Hyatt's use permit allowed the heavy operation of die casting
machines in a light industrial zone. The staff reported that in the
previous lawsuit, evidence of a violation of the use permit was not
presented. They reported that a die casting operation is permitted
as a matter of right in the ML Zone, and only the machine shop opera-
tion requires the use permit. Mr. Uardcastle felt that since tlyatt
presents a nuisance to the neighborhood the problem could be resolved
through nuisance abatement procedures.
Mr. Ered Glass, 9210 Whitney Way, Cypress, felt prospective buyers
may not be interested in the Hyatt property knowing they would have
to conform to the same conditions. He recommended that the Council
consider zoning of the property which is compatible with the sur-
rounding residential neighborhood. He suggested that area residents
become involved in working out a solution. He indicated the public
nuisance factor is part of the homeowners' lawsuit against ttyatt.
It was moved by Mayor tludson and seconded by Councilman Lacayo to
direct the Planning Director, in cooperation with Hyatt Die Cast and
interested homeowners, to begin preparation of a General Plan amend-
merit to determine a compatible zoning designation for the property,
and that the Planning Director report back when the Council may
proceed with a public hearing. The motion unanimously carried by
the f0110wing r011 call vote:
AYES: 5 COUNCILMEMBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
MacLain, Rowan
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City Council Minutes
January 22, 1979
CONTINUATION OF CONSIDERATION OF TIlE LEASE FOR THE FRANK P. NeE
BUILDING WITH THE CYPRESS CttAMBER OF COMMERCE: The City Manager
presented a report dated January 18 indicating the item was con-
tinued From the January B meeting to allow the City Attorney to
respond to the Council's questions. The City Attorney reported
that the proposed lease is si~nilar to the City's lease with the
Cypress Boys' Club and provides that the community room would be
available for public use subject to final approval of the CouncJ
landscaping and building maintenance costs would be borne by the
Chamber, and fire insurance and utility costs would be borne by
the City.
Mr. ,lim Maylor, President of the Chamber of Commerce, 947i Walker,
Cypress, reported the Chamber is ready to assume the maintenance
of the facility.
It was moved by Councilman Eacayo and seconded by Councilwoman
MacLain to adopt the lease agreemeut between the City and the Cypress
Chamber of Commerce for the I:rank P. Nee Building for the period
ending December 31, 1979. 'l't~e motion unanimously carried hy the
following roll call vote:
AYES: 5 COIINCILMEMBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNCILMt!MBERS: None
ABSENT: 0 COIJNCILMI!MBERS: None
MacLaJn, Rowan
CONSIDI!RATiON OF CITY ENTRANCE SIGN PROPOSAL: The City Manager pre-
sented a report regarding th~s matter dated ,January 18.
Mr. Richard Morris, 5396 Lincoln, Cypress, a member of the Cypress
Rotary Club, presented the Club's proposal and design for a City
entrance sign which he stated would be aesthetically desirable, ma
enance free and not subject to vandalism. He reported the design,
approved by the Board, provided for future lighting or the posting
of signs or banners. Hr. Horris stated the Rotary Club was request
approval of the sign design, that a bronze Rotary wheel be installed
on the sign, and that the Rotary Club be authorized to solicit funds
From other community organizations, tie suggested that donars
$25.00 or more be given public recognition in the newspaners or City
newsletter. Mr. Morris indicated the initial sign cost would be
between $5,000 and $7,000. He felt that other community organiza-
tions which construct future entrance signs should he allowed to
have their emblem on ti~e signs.
n t -
n g
It was moved by Councilman Lacayo and seconded by Mayor Hudson to
approve the design proposal for a City entrance sign, authorize the
placement of the Rotary Club emblem on the sign, and authorize the
Rotary Club to conduct a fund raising effort. The motion nnanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Lacayo,
& ltudson
NOES: 0 COUNC ILMEMBERS: None
ABSENT: 0 COIJNC ILMEMBERS: None
MacLain, Rowan
Councilwoman MacLain reported that the Bicentennial Committee will
contribute most of its funds to this project.
The City Council waived the 11:50 p.m. adjournment time.
CONTINUATION OF CONSIDERATION OF RESOLUTION FROM THE CITY OF WEST-
MINSTER RE: THE DISPOSITION OF ANIMALS FROM THE COUNTY ANIMAL SHELTER:
The City Manager presented a report dated January 18 indicating this
item was considered at the Council's December 11, 1978 meeting, and
that staff had no further recommendation on the issue.
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City Council Minutes January 22, 1979
'203
It was moved by Mayor Hudson, seconded by Councilman Lacayo and
unanimously carried to receive and File the matter.
CONSIDERATION OF RESOLUTION FROM THE ORANGE COUNTY DIVISION OF THE
LEAGUE OF CALIFORNIA CITIES RE: PROPOSED ENVIRONMENTAL PROTECTION
AGENCY REGULATIONS FOR THE CONTROL OF ORGANIC CHEMICAL CONTAMINANTS
IN DRINKING WATER: The City Manager presented
18 indicating the matter will be considered at
meeting.
a report dated January
the February 8 League
It was moved by Councilman Lacayo and seconded by Councilwoman Evans
to request the City's voting representative to vote in support t,f the
resolution at the February 8 general meeting of the League of Calif-
ornia Cities. The motion un;~nimously carried by the following roll
call vote:
A~ES: 5 COUNC IhMf!MBI~RS: Evans, Lacayo,
& Hudson
NOES: 0 COUNCIl,MEMBERS: None
ABSENT: 0 GODN(7 II,MEMt~t!R S: None
MacLain, Rowan
CONSID[!RATION OF MOODY STREET BETWEEN PARK AVENUE AND CAHP STREET
REQUEST FOR REVISION IN STRIPING OF BIKE LANE: The City Manager pre-
sented a report from the Public Works Director dated January 17 which
descrit~ed the request which was made by a property owner at 9191
Moody Street. The City Manager reported that a request was made by
another property owner for the Council to continue the matter until
he and neighbors could be present to discuss the matter.
It was moved by Councilman Lacayo, seconded by Councilman Rowan and
unanimously carried to continue the item to the February 15 meeting.
CONSIDERATION OF RESOLUTION OF THE ORANGE COUNTY DIVISION OF THE LEAGUE
OF CALIFORNIA CITIES OPPOSING CIVILIAN USE OF THE I,OS ALAHITOS ARMED
'ORCES RESERVE CENTER: The City Manager presented a report dated
January 18 which transmitted the resolution to be considered at the
February 8 League meeting.
It was moved by Councilwoman MacLain and seconded by Councilman l,acayo
to authorize the City's voting delegate to vote in support of the
resolntion at the February 8 general meeting of the Orange County
Division of the League of Cali£ornia Cities. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Lacayo,
& Hudson
NOES: 0 COUNC ILMEblBI!RS: None
ABSENT: 0 COUNC ILHEMBERS: None
Macl,ain, Rowan
CONSIDERATION OF PROPOSED ADDITION TO THE ORANGE COUNTY DIVISION
BY-LAWS: The City Manager presented a report dated January 18 which
transmitted the addition to the hy-laws to be considered at the
February 8 League meeting.
COUNCIl,MAN ROWAN LEFT HIS SEAT AT 11:45 P.M.
It was moved by Councilwoman MacLain and seconded by Councilm~m
Lacayo to authorize the City's voting delegate to vote in support
of the proposed addition to the League By-Laws at the February 8
general meeting of the Orange County Division of the League of
California Cities. The motion unanimously carried by the following
roll call vote:
AYES: 4 CODNC ILMEMBERS: Evans,
NOES: 0 COUNC ILMEMBERS: None
ABSENT: 1 COUNC ILMEMBERS: Rowan
Lacayo, HacLain & Hudson
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Council
blinutes
January 22, 1979
CONSIDERATION OF COMMUNICATION FROM THE MIDWAY CITY SANITATION DIS-
TRICT OPPOSING TIlE ADOPTION OF A USER FEE FOR TRASH DISPOSAL AT TItE
COUNTY TRANSFER STATIONS AND DUMP SITES: The City Manager presented
a report dated January 18 which described the Board of Supervisor's
proposal to establish a user's fee for trash disposal.
Councilwoman biacLain recommended that, if the fee is adopted, the
user fees for this year be placed in a separate account to be used
specifically for the purpose of trash collection.
COUNCIl,MAN ROWAN I~ETURNED TO HIS SEAT AT 11:47 P.M.
It was moved by Councilwoman MacLain, seconded by Councilman Lacayo
and unanimously carried that the City Council go on record in oppo-
sition to the user fee concept for trash disposal with the further
recommendations that, if adopted, the user fee charges should be
equalized on a County-wide h,sis, and that the fees collected should
he placed in a separate account to be used specifically for that
purpose°
CONSIDERATION'OE APPROVAL OP RECREATION & PARK DISTRICT COMMERCIAL
WARRANT LIST: It was moved by Councilman Lacayo and seconded by
Councilwoman MacLain to approve the District Warrant List for Warrants
#8754 throogh #8826 in the total amount of $31,3~6.54. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Lacayo,
& ttudson
NOES: 0 COUNC ILMEMBERS: None
ABSENT: 0 COIINC ILMEHBERS: None
MacLain, Rowa.
ORAl, COHMUNICAT1ONS: There were no oral communications presented
at this time.
EXECIIT1VE SESSION: blayor ttudson called an Executive Session at 11:50
p.m. to discuss matters of personnel. The meeting was called back
to order at 12:14 a.m. with all Councilmembers present.
ADJOURNMENT: Mayor Hudson adjourned the meeting at 12:15 a.m. to
Thursday, January 25 at 7:50 p.m. at the Cypress Community Center.
MAYOR OF 7E CITY OF
CYPRESS
ATTEST:
CITY CI,t~}IK"0P THE -~,'iTY OF CYPRESS
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