Minutes 79-04-23MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
April 23, 1979
The regular meeting of the Cypress City Council was called to order at 6:32 p.m.
on Monday, April 23, 1979 in the Cypress City Council Chambers, 5275 Orange
Avenue, Cypress, California, Mayor Howard Rowan presiding.
PRESENT:
ABSENT:
Councilmembers Evans, Nodson, Lacayo and Rowan
Councilwoman MacLain
Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy,
and the following members of the City staff: Bryant, Davenport, Duke, Hawley,
Powell and Schatzeder.
PLEDGE OF ALLEGIANCE: Councilman Lacayo led the pledge of allegiance.
COUNCILWOMAN MACLAIN ARRIVED AT 6:35 P.M.
PRESENTATIONS: Mrs. Barbara Bush, Area Chairwoman for the Cypress, Stanton and
La Palma Camp Fire Girls, and two members presented the Council with a donation
for the Orange County Veterans' Memorial in Santa Ana.
Mayor Rowan presented Councilman Hudson with a plaque and gavel recognizing his
two terms of office as Mayor.
ORAL COMMUNICATIONS: Mayor Rowan asked if anyone wished to speak in regard to
any matter not on the agenda. There were no speakers.
MINUTES: It was moved by Councilwoman Evans, seconded by Mayor Rowan and carried
to approve the minutes of April 9 with Councilmen Hudson and Lacayo abstaining,
and to approve the minutes of April 16 with Councilman Lacayo abstaining.
With the consent of the Council, 5[ayor Rowan added the following matters to
the agenda:
Item #31 regarding the McCarthy/Priolo Plan;
Item #32 regarding the new office building on the south side of Orange
opposite the library;
Item #33 regarding the Recreation District reorganization plan;
item #34 regarding an appointment to the Geriatric Health Care Council
of West Orange County.
CONSENT CALENDAR: Mayor Rowan 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 recommendatiens listed on the agenda.
With regard to Item #16 concerning S.B. 174 funding, Councilman Lacayo expressed
concern over the block grant application for funds to improve the Community Center
in view of the rent structure being imposed on private users of the Center. He
requested information on costs involved for private users and suggested that the
rent structure be discussed with the Recreation Commission. With regard to
Item #18 concerning the new Summer Recreation programs, Councilwoman MacLain
recommended that the Recreation Commission, in its budget sessions, include all
costs associated with programs in the Community Center such as building and
custodial costs in determining class fees. Regarding Item #14, Establishment
of Master Charge/Visa for the Recreation District, Councilwoman MacLain felt
there would be administrative problems in handling credit card payments and that
the District's 3% overhead cost was unrealistic.
Mr. Lou Santo, 10443 Camden Drive, Cypress, felt the District should not promote
the use of credit cards and face the possibility of not recovering its costs.
He suggested that the District reduce the fee for youth groups enrolling in a
program. Councilman Lacayo felt the credit cards would be a personal budgeting
convenience for families who enroll several members.
City Council M~nutes April 23, 1979
Mayor Rowan removed Item #14 from the Consent Calendar regarding Master Charge/
Visa. He also removed Item #10 regarding funding for child abuse prevention and
indicated a representative from the County would be present for this item.
Mr. Lou Santo inquired about Item #7 on the Consent Calendar pertaining to SB
606 and low and moderate cost bousing, and SB 106 relating to industrial develop-
ment bonding. He asked if the City intended to oppose all bills relating to
provision of low and moderate income housing, and if the industrial development
bonding was similar to the mortgage revenue bond program. The staff responded
that they objected to the mandatory state requirements of this particular bill
but did not intend to oppose all bills regarding the provision of low and moderate
income housing. The Mayor explained that the industrial bonds were similar in
intent to the mortgage bonds.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve
Items #1 through #18 on the Consent Calendar excluding Items #10 and #14. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILM~MBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
Item #1: Motion to Introduce and/or Adopt all Ordinances Presented for Consid-
eration by Title Only and to Waive Further Reading.
Item #2: Consideration of a Request to Proclaim the Week of April 22-28, 1979,
as Volunteer Week.
Recommendation: That the Mayor and City Council officially proclaim the week
of April 22-28, 1979 as "Volunteer Week" in the City of Cypress.
Item #3: Consideration of a Request to Proclaim the Week of May 14-20, 1979,
as Medical Assistants Week.
Recommendation: That the Mayor and City Council officially proclaim the week
of May ]4-20, 1979 as "Medical Assistants Week" in the City of Cypress.
Item #4: Consideration of a Request to Proclaim May 1, 1979 as Loyalty Day and
May 18 and 19, 1979 as Buddy Poppy Days.
Recommendation: That the Mayor and City Council officially proclaim May 1, 1979,
as "Loyalty Day" and May 18 and 19, 1979, as "Buddy Poppy Days" in the City of
Cypress.
Item #5: Consideration of Designation of a Hearing Officer.
Recommendation: That the City Council authorize and direct staff to secure the
services of an experienced hearing officer empowered to conduct the hearing,
take evidence and prepare a proposed decision relative to the disciplinary action.
Item #6: Consideration of Acceptance of Final Tract Map #10411 (Walker Street,
West Side, N/o Danny Avenue).
Recommendation: That the City Council approve Final Tract Map #10411 and accept
the cash bond for public improvements in the amount of $7,700.00, which is not
less than 50% nor more than 100% of the total improvements and authorize the
City Clerk to sign the record map.
Item #7: Consideration of Legislative Bulletins 14 and 15 from the League of
California Cities Dated April 6 and 13, 1979.
Recommendation: That the City Council direct staff to prepare appropriate res-
ponses for the Mayor's signature to the appropriate State Legislators expressing
the City's opposition to SB 606 and AB 469, and the City's support of SB 106
and AB 881.
Item #8: Consideration of a Request from the Cypress Twirlers for Permission
to Use the City Council Chambers Plaza Area for Square Dancing on July 7,
August 4 and September 1, 1979.
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Recommendation: That the Mayor and City Council approve the request of the
Cypress Twirlers for use of the City Council Chambers Plaza Area on July 7,
August 4, and September 1, 1979, between the hours of 7:00 p.m. and 11:30 p.m.,
subject to the condition that the organization be required to pay for any addi-
tional costs incurred in providing maintenance and utility services.
Item #9: Consideration of Resolution from the Anaheim Chamber of Commerce
Opposing Weekend Gasoline Sales Restrictions.
Recommendation: That the Mayor be authorized to transmit letters of opposition
to the appropriate State and Federal officials to the U.S. Department of Energy's
Conservation Plan No. 1.
Item #11: Consideration of Communication from the West Orange County Hot Line
Requesting Financial Support.
Recommendation: That the City Council offer staff assistance in cooperation
with other Western Orange County Cities to seek revenue sources in support of
the West Orange County Hot Line program.
Item #12: Consideration of a Resolution from the City of Westminster Endorsing
the Emergency Medical Services Plan for Orange County.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ENDORSING THE EMERGENCY Mt~)ICAL SERVICES PLAN FOR ORANGE
COUNTY, AND THE SUBMITTAL OF A GRANT APPLICATION FOR THE
iMPLEFIENTATION OF THE PLAN.
Item #13: Consideration of Annexation #79-1 - Notice of Protest Hearing (North-
westerly and Southwesterly Corners of Lincoln Avenue and Moody Street).
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE
CITY COUNCIL OF THE CITY OF CYPRESS TO ANNEX TO SUCH
CITY CERTAIN UNINHABITED TERRITORY DESCRIBED THEREIN
AND DESIGNATED AS "ANNEXATION NO. 79-1" SETTING FORTH
ITS REASONS FOR SUCH ANNEXATION AND GIVING NOTICE OF
THE TIME AND PLACE THE CITY COUNCIL WILL HEAR WRITTEN
PROTESTS AGAINST SUCH ANNEXATION.
Item #15: Consideration of Athletic Facilities User Fees.
Recommendation: That the City Council, acting as the ex officio Board of Directors
of the Cypress Recreation and Park District, ratify the Recreation and Community
Services Commission's actions and adopt staff's recommendation to lower the fees
charged for water and materials for the remainder of the 1979 season only, as
outlined in the staff report.
Item #16: Consideration of Senate Bill 174 Funding.
Recommendation: That the City Council, acting as the ex officio Board of Directors
of the Cypress Recreation and Park District, approve submittal of the block grant
application to the California Department of Recreation and Parks as outlined in
the staff report.
Item #17: Consideration of Tennis Court Complex Bids.
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City Council Minutes April 23, 1979
Recommendation: That the City Council, acting as the ex officio Board of Directors
of the Cypress Recreation and Park District, ratify the Recreation and Community
Services Commission's recommendation that the tennis court complex be placed to
bid, and that advertising of bids start April 24, with the opening of the bids
to be made on May 15.
Item #18: Consideration of New 1979 Summer Programs.
Recommendation: That the City Council, acting as the ex officio Board of Directors
of the Cypress Recreation and Park District, approve the new 1979 Summer Programs
with the rates as recommended in the reports from the Recreation and Parks Director.
Mayor Rowan continued Item #10, Consideration of Communication Concerning Funding
for Child Abuse Prevention and a Resolution from the City of Yorba Linda Requesting
Additional State Funding for the Orange County Human Services Agency, until later.
In regard to Item #14 and Master Charge/Visa, Councilman Lacayo felt the credit
card convenience should be offered and that the District accept the expense as
a normal business operating cost. He asked to be advised if there are any problems.
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 Recrea-
tion and Park District, ratify the recommendation of the Cypress Recreation and
Community Services Commission and approve implementation of the Master Charge/
Visa credit card convenience.
Councilwoman MacLain requested that the motion be amended so that approval is
for a six month period and that staff report back to tbe Council on operation
of the credit cards after six months.
Councilmembers Lacayo and Evans amended the motion to approve implementation of
the Master Charge/Visa credit cards for a six month period and that staff report
back at the end of that time. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Hudson,
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Lacayo, MacLain & Rowan
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-3 (5401 - 5411
ORANGE AVENUE): Mayor Rowan opened the public bearing and asked for the staff
report.
The City Manager presented a report dated April 19 indicating the hearing was
continued from the April 9 meeting. The Planning Director summarized a report
dated March 2 which described the application for a conditional use permit to
establish a two-story administrative office building on the north side of Orange
Avenue, east of the Civic Center. The Planning Director reported there were four
alternatives for the subject property: acquisition by the City; a building mora-
torium between the Civic Center and Walker Street; continuance of the public
hearing for 60 days to allow time to adopt a survey area for redevelopment pur-
poses; and, lastly, approval of the conditional use permit subject to conditions
recommended by the staff. Mr. Hawley presented the plot plan and elevations for
the proposed office building, and a map identifying the various parcel ownerships
in the area of the Civic Center. Mr. Hawley reported that the westerly boundary
of the subject property is approximately 150 feet from the easterly boundary of
the Civic Center property.
Mayor Rowan asked if anyone wished to speak in support of the application.
Dr. George Crandall, 3791 Wisteria, Seal Beach, the applicant, stated he was
in favor of the application.
Mr. Bill Planche, 6692 Santa Barbara, Garden Grove, asked how the conditional
use permit could be approved if a final determination has not been made which
could include the property in the survey area for redevelopment. He asked when
the survey area would be developed. The Planning Director responded that staff
hoped to present plans for the survey area at the Council's June 11 meeting.
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Cit~o~cil Minutes April 23, 1979
He stated a Redevelopment Agency could include the subject property in the survey
area and the parcels could remain under private ownership. He indicated that
establishment of the Agency and survey area does not mean all properties are
proposed for acquisition by the A~cy. The staff also indicated that there
was the possibility of including the office development in the redevelopment plan.
The City Attorney commented that if the Council approved the use permit and the
applicant obtained building permits and commenced construction, he would have a
vested right to complete the project, and if the City tried to prevent develop-
ment afterwards, there would be legal consequences.
Mr. A1 Rodriguez, 5423 Orange Avenue, Cypress, representing one of the property
owners, reported that the frontage of his property (parcel #16) is approximately
90 feet and the adjacent parcel's (#18) is 85 feet.
Mayor Rowan asked if anyone wished to speak in opposition to the application.
No one wished to speak in opposition.
Councilman Hudson stated he favored approval of the use permit but he expressed
concern over ultimate development of the two parcels (#20 and 21) located between
the subject property and the Civic Center property. The Planning Director stated
these two parcels could be allowed to develop privately on an independent basis
or they could be included in a design concept for the remainder of the parcels
within the Civic Center area. Councilwoman Evans expressed concern over future
development of the remaining parcels in the Civic Center area not included in
this application and felt if they develop individually, on a piecemeal basis,
and separated by walls on the property lines, this would defeat the purpose of
the redevelopment area. She felt development of the subject property would
cause other parcels (#24) to be landlocked. She stated she did not oppose the
proposed office development but she felt the remainder of the parcels should be
incorporated in an overall plan. The Planning Director indicated that Parcel
#24 will not be affected by the proposed development since it has access through
Wicker Drive. Councilwoman Evans felt Wicker Drive did not provide adequate
frontage for any type of development and she suggested that the hearing be con-
tinued until a development plan for the remaining parcels in the Civic Center area
can be developed. Councilman Hudson inquired if the property owner would be
entitled to reimbursement of his planning costs and the fair market value of the
property in the event the matter is continued for 60 days and the Council decides
not to approve the use permit. The City Attorney stated the owner would be
entitled to payment of the fair market value of the land but would not recover
his planning costs, if the planning process is concluded by the City. The Plan-
ning Director stated that staff did not propose that Wicker Drive would serve
as access for the remainder of the parcels. He stated preparation of a design
plan for the entire area would require longer than 60 days. He indicated that
within 60 days, a survey area for the Redevelopment Agency would be adopted
and then the City would solicit proposals from developers to design and develop
the area.
It was moved by Councilman Hudson and seconded by Councilman Lacayo to close the
public hearing and adopt the following Resolution by title only, title as follows,
approving Conditional Use Permit #79-3 subject to the reasons (A - D) cited in
the staff report and the conditions recommended by the staff:
RESOLUTION NO. 2094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 79-3 - WITH CONDITIONS.
Mayor Rowan stated that one of the purposes for redevelopment was to eliminate
and provide for the development of parcels with irregular configurations which
were created by past planning actions. He asked if Parcels #2-6 were proposed
for inclusion in the survey area. Staff reported that these parcels were suggested
to be included in the survey area for redevelopment. Councilman Hudson stated
inclusion of these parcels in the survey area was the intent of his motion.
Mayor Rowan felt a viable and original plan could be developed for future develop-
ment of the remaining area.
Councilwoman Evans expressed concern over the proposed use of metal roofs and
recommended that a condition be imposed relating to the roof construction. The
Planning Director stated he would like Council input on this item and he suggested
that the final plans for the development be subject to Council review and approval.
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City Council Minutes April 23, 1979
Councilmen Hudson and Lacayo amended the motion to include that the final plans
and elevations shall be subject to City Council review and approval.
Councilwoman Evans felt the condition requiring construction of perimeter walls
would segregate the proposed development and be inconsistent with an integrated
plan for the overall area. She suggested a condition that would integrate the
development with the adjoining parcels. The Planning Director recommended that
Condition #9 contain the language that it may be modified at the time of review
and approval of the final plot plans and elevations, which would take into account
the project's compatibility with future adjoining development. Councilmembers
Hudson and Lacayo agreed with the modification to Condition #9. Councilwoman
Evans stated she felt the motion was premature at this time and she would not
support it. Councilman Lacayo stated he favored the developer proceeding with
the development which is consistent with zoning of the property.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Hudson, Lacayo, MacLain & Rowan
NOES: 1 COUNCILMEMBERS: Evans
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. TERRY
W. MILES ON BEHALF OF TULLY STEAKS~ 16602 S. BROADWAY~ GARDENA~ CALIFORNIA:
Mayor Rowan opened the hearing and asked for the staff report.
Councilman Hudson stated that because of a potential financial conflict of interest
with the applicant he would not participate in the hearing and he left his seat
in the Council Chambers.
The City Manager presented a report dated April 19 which indicated the hearing
was continued from the April 9 meeting because the applicant was not present,
and the applicant was mailed a letter requesting his attendance at the April 23
meeting.
Mayor Rowan asked if the applicant, or a representative was present. There was no
one present representing the applicant.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close
the public hearing and deny the application for a special permit by Mr. Terry W.
Miles on behalf of Tully Steaks. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Lacayo, MacLain & Rowan
None
Hudson
PUBLIC HEARING RE: PREANNEXATION ZONE CHANGE NO.
WESTERLY CORNERS~ LINCOLN AVENUE & MOODY STREET):
hearing and asked for the staff report.
79-1 (NORTHWESTERLY AND SOUTH-
Mayor Rowan opened the public
COUNCILMAN HUDSON RETURNED TO HIS SEAT AT 8:05 P.M.
The Planning Director presented a report dated April 16 describing the applica-
tion which proposes the establishment of appropriate zone classifications for
four parcels of land located near the intersection of Lincoln and Moody Street.
The fourth parcel is located at the southwest corner and Cypress Square is located
at the northwest corner. The Local Agency Formation Commission on April 11
approved the proposal for annexation of this territory and a protest hearing by
the City Council has been scheduled for May 29. The Planning Director reported
he received no written communications on this matter but verbal communications
with the property owners indicate support for staff's recommended zone classifi-
cations.
Mayor Rowan asked if anyone wished to speak in support of the application.
Mr. David Garrison, Vice President of Construction for Property Investments West,
owner of Cypress Square, stated he agreed with staff's comments.
Ms. Lynn Chase, representing the property owner directly north of Cypress Square
who is included in the application, reported the property is in escrow with the
contingency that it will be zoned for residential use. The Planning Director
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Council Minutes April 23, 1979
stated that staff recommended multiple-family residential zoning for the two
parcels located to the north of Cypress Square.
Mayor Rowan asked if anyone wished to speak in opposition to the application.
Mr. Paul Cook, representing the business at 4982 Lincoln, Cypress, indicated he
was in favor of the proposed zone classifications but that he opposed annexation
of the southwest corner of Lincoln and Moody to the City of Cypress. He stated
he did not see the necessity for the annexation and he requested that the property
be excluded from the application. He stated he supported annexation of the north-
west corner. The staff advised Mr. Cook that the protest hearing on the annexa-
tion was scheduled for the May 29 Council meeting and that he would receive notice
of the hearing.
It was moved by Councilman Hudson and seconded by Councilman Lacayo 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:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE
CITY OF CYPRESS, BY PLACING CERTAIN PARCELS OF LAND IN
THE CH-10,000 AND RM-20/A ZONES, AND KNOWN AS PREANNEXA-
TION ZONE CHANGE NO. 79-1.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evas, Hudson, Lacayo, McLain & Rowan
None
None
PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 79-1 (SOUTHERLY OF LINCOLN AVENUE
AND EXTENDING BETWEEN WALKER STREET AND GRINDLAY STREET): Mayor Rowan opened
the public hearing and asked for the staff report.
The Planning Director presented a report dated April 19 describing the General
Plan amendment which proposes the establishment of precise land use designations
for the unincorporated County island located southerly of Lincoln Avenue between
Walker Street and Grindlay Street. He reported the County approved annexation
of this territory under the Walker Street Island annexation on April 18. He
reported the proposed land use designations correspond as closely as possible
with the County designations for the area. Mr. Hawley reported that the primary
basis for the recommended 15 units per acre density is because this is the maximum
that can be supported with the existing sewer line capacity. He reported that
the density incentive overlay zone was not applied to the subject property because
of the great differences in land uses, but the combination of lots would still be
available.
Mayor Rowan asked if anyone wished to speak in favor of the amendment.
Mr. Jack Stafford, 5271 Bishop Street, Cypress, stated he favored the zone change
but he felt the north and south sides of Bishop Street should be zoned the same
with the same density permitted under R-3 zoning. He felt R-3 zoning would
increase his property value and provide the incentive to upgrade and develop
other properties along with the possibility of combining parcels. The Planning
Director reported that staff recommended that the north and south sides of Bishop
Street be placed in the same zoning category.
Mayor Rowan asked if anyone wished to speak in opposition. No one wished to
speak in opposition.
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:
RESOLUTION NO. 2095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING GENERAL PLAN AMENDMENT NO. 79-1.
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City Council Minutes
April 23, 1979
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
RECESS: Mayor Rowan called a recess at 8:35 p.m. The meeting was called back
to order at 8:45 p.m. with all Councilmembers present.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-7 (4460 LINCOLN AVENUE): Mayor
Rowan opened the public hearing and asked for the staff report.
The Planning Director summarized a staff report dated April 17 which described
the application to establish a pre-school within the Mission Center Shopping
Center located at the southwest corner of Lincoln Avenue and Denni Street in the
CH-10,000 Commercial Heavy Zone. He presented slides of the subject property and
proposed location of the pre-school, and the plot plans, elevations and a floor
plan. He also presented slides of two comparable pre-schools which were developed
by the same builder in Mission Viejo.
Mayor Rowan asked if anyone wished to speak in support of the application.
Mr. Phil Charlton, representing Brazeau Enterprises, Laguna Niguel, read letters
from two tenants who would be adjacent to the pre-school, a children's hair salon
and a party supply business, in support of the pre-school. He also reported the
remaining tenants in the Mission Center transmitted a letter in support of the
application. Mr. Charlton stated they had letters from all the tenants in their
other two centers which indicated the tenants experienced no problems with the
pre-schools and felt they were beneficial to business within the centers.
Mr. Charles Lynch of Lynch, Olsen and Komisar, Inc, the proposed operator of the
pre-school, commented on Conditions #1 and 2 of the use permit and reported his
basic hours of operation are 6:30 a.m. to 6:00 or 6:30 p.m. He requested that
the age limit of children be 2 to 8, and not 2 to 6, since he intended to provide
day care for the benefit of working parents and for children after regular school
hours and for those on vacation. He stated it was not his intent to operate a
private elementary school.
Mr. Robert Brazeau, Vice President of Brazeau Enterprises, reported they keep
the buildings on lease, they are well maintained, and they like the buildings to
be attractive. He complimented the City staff for their cooperation and assistance.
Mr. Brazeau reported he personally contacted the tenants in the three shopping
centers and all felt the pre-school helps business.
Mayor Rowan asked if anyone wished to speak in opposition. No one wished to
speak in opposition.
It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to close
the public hearing and adopt the following Resolution by title only, title as
follows, approving Conditional Use Permit #79-7 subject to the conditions recom-
mended by the staff, and to approve hours of operation of 6:30 a.m. to 6:00 p.m.
and pre-school care for children up to eight years of age:
RESOLUTION NO. 2096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 79-7 - WITH CONDITIONS.
Councilman Hudson stated he did not object to the proposed hours of operation or
the age limit but he suggested that the conditions include provision for City
Council review of the hours of operation and the age limit on a periodic basis.
The City Attorney recommended the following language for Conditions #1 and #2:
The hours of operation for Mission Center Pre-School shall be from 6:30 a.m.
to 6:00 p.m., provided, however, that the City Council may from time to time
by resolution extend or limit those hours upon a determination that such
extension or limitation is necessary for compatibility with surrounding uses.
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~Council Minutes April 23, 1979
Conditional Use Permit No. 79-7 is limited to the approval of a Pre-School
facility which shall include attendance by children through the age of six
years, plus extended day care (post-school hours and vacation) for children
through the age of eight, provided, however, that such extended care shall
be subject to periodic review by the City Council and that the City Council
may delete the same upon the finding that such deletion is necessary in
order to insure compatibility with the surrounding development.
Councilmembers MacLain and Lac~yo amended the motion to include the two conditions
as recommended by the City Attorney.
Councilman Lacayo asked if there was some method whereby the Council could review
any conditional use permit in the future if problems arise concerning the hours
of operation or otherwise. The City Attorney stated that the conditions of use
permits can contain language to provide the Council with the opportunity for
review of any matter which may be of concern. He indicated such conditions have
been imposed on the last several conditional use permits which were approved.
Councilman Lacayo requested a staff report on this matter. Councilwoman Evans
requested that the staff report also address the possibility of placing a time
limit on conditional use permits, such as five, ten or fifteen years. She in-
quired if the maximum enrollment of 90 children included the part-time day care,
and she inquired about the day camp program. The Planning Director reported that
the 90 maximum enrollment figure is based on a State standard for operation of
such facilities. Mr. Lynch stated the 90 maximum enrollment would include the
extended day care children and it is based on the indoor and outdoor area avail-
able per child. He stated day camp is another terminology for extended day care
which would allow for care of children over six years of age during vacations or
after regular school hours.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILM~BERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
No ne
No ne
CONTINUATION OF CONSIDERATION OF CITY COUNCIL APPOINTMENTS: The City Manager
presented a report dated April 19 which indicated this matter was continued from
the April 9 meeting.
Councilwoman Evans commented on the lack of meetings of the City Audit Committee
and suggested that the committee be abolished. The City Council agreed to abolish
the Audit Committee.
Mayor Rowan reviewed with the Council the appointments to various agencies and
the Councilmembers agreed upon the following appointments: Mayor Rowan as repre-
sentative and Councilwoman Evans as alternate to the Orange County Sanitation
District; Mayor Rowan as representative and Councilwoman MacLain as voting repre-
sentative to the Orange County Division, League of California Cities; Councilman
Hudson as representative and Councilwoman Evans as alternate to the Santa Ana
River Flood Protection Agency; and Councilman Lacayo as representative to the
Unified Orange County Cities Disaster Organization.
Mayor Rowan reported on the appointments made by the League City Selection Com-
mittee: Ms. Heather as the alternate to the Coastal Committee; Placentia Council-
woman Farmer to the Airport Land Use Commission; Newport Beach Councilman Mclnnis
as the representative to LAFCO and Councilwoman MacLain as alternate; and Anaheim
Councilman Roth to the South Coast Air Quality Management District. Mayor Rowan
reported the committee will act on the appointment to the Criminal Justice
Council on May 10.
It was moved by Councilman Lacay0, seconded by Councilwoman Evans and unanimously
carried to approve the Mayor's appointments as outlined above.
Councilwoman Evans recommended that a topic of discussion at a future study ses-
sion be the formation of City Council committees.
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City Council Minutes April 23, 1979
CONTINUATION OF CONSIDERATION OF CITY ENGINEER'S REPORT ON LIGHTING DISTRICT
NO. 2: The City Manager presented a report dated April 19 indicating this matter
was continued from the April 9 Council meeting. The Public Works Director pre-
sented a report dated April 4 which indicated a report was prepared by the Traffic
Engineer on street lighting which included an estimate of street lighting costs
for the next fiscal year. The report described four alternatives for funding the
Lighting District. He indicated the staff favored the alternative of a street
lighting assessment based on benefit which would charge the lighting costs to
each parcel of land within the City. He indicated that if the Council approves
this alternative, staff would prepare a report on its implementation. The Public
Works Director stated this report should be completed by August 1 in order for the
City to collect the assessment in December. He stated the Lighting District will
be out of funds by June 30, 1979. Mr. Schatzeder stated that, irregardless of
the funding alternative selected, a transfer of $130,000 from the General Fund
will be necessary to fund the District for the first half of the next fiscal year,
July through December 1979, and to pay the current lighting bill.
Councilman Hudson felt the City faced the same uncertainty as last year with
regard to State funding of special districts and that this was a problem which
the State would have to resolve. He stated he favored proceeding with the staff
study and transferring the funds from the General Fund at this time, but he felt
no commitment should be made to assess the property owners the costs of the
Lighting District until a final decision is made by the State relating to funding
of special districts. He felt the City should be prepared to fund the Lighting
District out of the General Fund during the next fiscal year, but that the Council
should proceed with obtaining the data on how to fund the District if it is
determined necessary. Councilman Lacayo felt the lighting costs should not
be shifted to the property ow~aers but that other alternatives should be consid-
ered such as absorbing the costs through the General Fund or using Revenue Sharing
funds. He stated he did not support the staff study at this time and that he
was willing to absorb the lighting costs in the General Fund.
The Public Works Director reported that the estimated cost of the assessment by
benefit would be approximately $15.00 per parcel per year, according to the elec-
trical rates approved by the PUC. Councilwoman MacLain felt this was not a
substantial amount and felt the City could not afford to fund the District from
the General Fund. Councilwoman Evans asked if the $130,000 transfer would be
reimbursed to the General Fund and the City Manager stated the intent was to
reimburse these funds with revenues received from whichever funding alternative
is selected. Mayor Rowan stated he supported the staff's recommendation for
the assessment by benefit as long as it is on an equitable basis.
Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, stated he favored the Council's
change of attitude and felt the assessment by benefit was more equitable than the
proposed electrical energy user's tax. He felt taxpayers would still view the
assessment as a tax, contrary to the intent of Proposition 13 which urged govern-
ment to live within available revenues.
Councilman Hudson expressed concern that if the City resolves the problem of
funding the Lighting District through one of the available funding alternatives,
it may jeopardize the City's chances of receiving State funding assistance, since
the State may not acknowledge the District's funding difficulties.
Mr. Lou Santo, 10443 Camden Drive, Cypress, felt the citizens should be made
aware of the problem facing the City and he agreed that they will view the assess-
ment as another tax. He felt the Council should put pressure on the State Legis-
lators to help with bail-out assistance for cities.
It was moved by Councilman Lacayo and seconded by Councilwoman Evans to approve
the City Engineer's Final Report for Lighting District #2 and authorize an
appropriation of $130,000.00 to transfer such funds from the General Fund to
the Lighting District Fund.
The Finance Officer clarified that the $130,000 will make up the shortfall in
the Lighting District for fiscal year 1978/79 and will balance the 1978/79 revenues
and expenditures. He stated the ending fund balance of this fiscal year will be
adequate to pay the lighting costs for the first fJ~e months of the 1979/80
fiscal year, until the City receives the property taxes in December.
-10-
City Cml Minutes April 23, 1979
Councilmembers Lacayo and Evans amended the motion to state that the $130,000
is a loan to the Lighting District from the General Fund to maintain the District's
balance. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMk~4BERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to auth-
orize the staff to proceed with the preparation of a report outlining the pro-
cedural steps, estimated manhour costs and time schedule necessary for prepara-
tion of a Lighting District assessment based on benefit. The motion carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILM~iMBERS:
1 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
Lacayo
None
With regard to Item #10 on the Consent Calendar, Consideration of Communication
Concerning Funding for Child Abuse Prevention and a Resolution from the City of
Yorba Linda Requesting Additional State Funding for the Orange County Human
Services Agency, Councilman Hudson reported that the County has withdrawn funding
and staffing from the registry portion of this program which receives reports on
child abuse cases. He felt the program related to police protection services and
he recommended that the Council strongly support continuation of funding for the
program.
It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously
carried to authorize the Mayor to transmit letters of support to the appro-
priate State Legislators requesting a review of the formula for State distri-
bution of Federal Title XX Funds and, further, discuss the priority of child
abuse prevention programs at the County level with Supervisor Wieder.
CONSIDERATION OF APPROVAL OF DRAFT OF THE NEWSLETTER: The City Manager pre-
sented a report dated April 19 which transmitted the draft newsletter. Council-
woman MacLain requested a correction in the draft to acknowledge the donation of
the Cypress Bicentennial Committee for the City entrance signs project. M~yor
Rowan reported that the Lions Club will be donating a sound system for the little
league fields at Oak Knoll Park and this could be included in a future newsletter.
It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to approve
the draft of the newsletter as corrected. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman
Lacayo and seconded by Councilwoman MacLain to approve the Warrant List for War-
rants #51200 through #51999 in the total amount of $692,543.13. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
SECOND READING OF ORDINANCE AMENDING ORDINANCE NO. 559: It was moved by Council-
man Lacayo and seconded by Councilwoman MacLain to order the following Ordinance
read by title only, title as follows, and to adopt the Ordinance:
ORDINANCE NO. 640
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 559 OF THE CODE OF THE CITY OF
CYPRESS, AND SETTING FORTH NEW PROVISIONS ESTABLISHING
LAND USE CLASSIFICATIONS; DIVIDING THE CITY INTO ZONES;
-11-
City Council Minutes
April 23, 1979
IMPOSING P-EGULATIONS, PROHIBITIONS AND RESTRICTIONS FOR
THE PROMOTION OF HEALTH, SAFETY, MORALS, CONVENIENCE AND
WELFARE; CONCERNING THE USE OF LAND FOR RESIDENTIAL AND
NON-RESIDENTIAL PURPOSES; REGULATING AND LIMITING THE
HEIGHT AND BULK OF BUILDINGS AND OTHER STRUCTURES;
LIMITING LOT OCCUPANCY AND THE SIZE OF YARDS AND OTHER
OPEN SPACES; ESTABLISHING STANDARDS OF PERFORMANCE AND
DESIGN; PRESCRIBING PROCEDURES FOR CHANGES OF ZONE,
CONDITIONAL USE PERMITS, VARIANCES, OR OTHER PERMITS;
PRESCRIBING PENALTIES FOR VIOLATIONS OF SAID ORDINANCE;
AND, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH.
THe motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
SECOND READING OF ORDINANCE PERTAINING TO FLY ABATEMENT: It was moved by Council-
woman MacLain and seconded by Councilman Lacayo to order the following Ordinance
read by title only, title as follows, and to adopt the Ordinance:
ORDINANCE NO. 641
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REPEALING ORDINANCES NO. 311, 323 AND 344 SETTING FORTH
REGULATIONS PERTAINING TO FLY ABATEMENT.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIS'I':
Acting as the ex officio Board of Directors of the Cypress Recreation and Park
District, it was moved by Councilman Lacayo and seconded by Councilwoman MacLain
to approve the District Warrant List for Warrants #9126 through #9185 in the
total amount of $97,872.89. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
With regard to Item #31 concerning the McCarthy-Priolo Plan on tax redistribu-
tion, it was moved by Councilman Hudson that the Council authorize the Mayor
and City Manager to attend the hearing on April 26 in Sacramento to express
the City's strong objection to the plan. Councilman Hudson then amended the
motion to include authorization for Councilwoman MacLain to also attend the hearing,
as President of the Orange County Division of the League. The motion was not
seconded.
Councilman Lacayo moved that Councilwoman MacLain be authorized to attend the
April 26 hearing to express the City's opposition. The motion was not seconded.
Councilwoman MacLain stated her attendance would require League approval and that
she would poll the League Cities regarding this matter.
It was moved by Councilman Hudson and seconded by Councilwoman Evans to authorize
the attendance of the City Manager and Councilwoman MacLain at the April 26
hearing in Sacramento to express the City's strong objections to the McCarthy-
Priolo Plan, and that Councilwoman MacLain's attendance as President of the
Orange County Division of the League be subject to League concurrence. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan
NOES: 0 COUNCILHEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
-12-
City~il Minutes April 23, 1979
With regard to Item #32 concerning the new office building located on the south
side of Orange Avenue, west of Walker Street, Councilmen Lacayo and Hudson reported
they were advised by residents on Oxford Drive of problems resulting from the
grade difference between their property and the commercial property. The grade
difference results in varying wall heights for the homeowners, with some home-
owners having only two courses of block separating them from the office develop-
ment. Councilman Hudson recommended that the Councilmembers inspect the property.
He indicated that there was a difference of opinion among the homeowners as to an
appropriate solution to the problem. Councilman Lacayo recommended that the staff
obtain input from the homeowners and report back on a proposed solution so that
the Council may have an open meeting and make a final determination on the matter.
Mr. A1 Troncone, 5427 Oxford Drive, Cypress, reported on the nature of the problem
and on the homeowners' meeting and their responses to a proposed solution. He
stated there was no consensus on a solution and whether to increase the wall
height or install additional landscaping as a screen. He reported the developer
has been very cooperative and intends to remedy the problem to the homeowners'
satisfaction. The developer agreed to an alternative to install additional
landscaping shrubs to provide the homeowners with security and privacy for a
one year period, and he would install a wall at the end of that time if the
screening is inadequate. The developer agreed to submit a letter to the City
to this effect.
Hearing no objections, Mayor Rowan requested that this matter be placed on the
May 14 agenda and that all affected property owners and the developer be noti-
fied of the meeting.
The staff reported that an Open House is planned for the office complex on April
26 and staff did not plan to release the electrical service until the developer
complies with all conditions of development. The Council authorized the staff
to accept a cash deposit or bond from the developer in an amount that would be
necessary to correct the problem, and that staff authorize the electrical service
subject to this guarantee.
With regard to Item #33 concerning the Mayor's letter to the Recreation and
Community Services Commission and the Citizens to Save Cypress Recreation and
Parks Committee regarding the District reorganization plan, Councilman Lacayo
reported that several Commissioners expressed misunderstanding and concern over
their participation in the study. He recommended that the Mayor send a further
clarification to these groups. Mayor Rowan stated he planned to meet with the
representative from the citizens committee and bring this matter up for Council
consideration if there were further disagreements. He stated he would prepare
a reply to the Commission and committee.
With regard to Item #34 concerning the Geriatric Health Care Council of West
Orange County, M~ayor Rowan reported that the City Council was requested to send
a nomination for City representation on the Council. The Councilmembers referred
this matter to the Recreation and Park Director and requested that a nominee
be selected from the Cypress senior citizens group.
ORAL COMMUNICATIONS: There were no oral communications presented at this time.
ADJOURNMENT: Mayor Rowan adjourned the meeting at 11:15 p.m. to Friday, April
27, at 7:30 a.m. at Coco's Restaurant, 12582 Valley View, Garden Grove, for a
meeting with Supervisor Wieder.
ATTEST:
CITY CLERK ~F-THE C~TY OF CYPRESS
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