Minutes 79-05-29293
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
May 29, 1979
The regular meeting of the Cypress City Council was called to order at 6:35 p.m.
on Tuesday, May 29, 1979 in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Howard Rowan presiding.
PRESENT:
ABSENT:
Councilmembers Evans, Hudson, Lacayo, MacLain and Rowan
None
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City
Attorney, and the following City staff members: Bryant, Davenport, Duke, Lamm,
Powell and Schatzeder.
PLEDGE OF ALLEGIANCE: Councilwoman MacLain led the pledge to the flag.
ORAL COMMUNICATIONS: Mayor Rowan asked if anyone wished to speak in regard to
any matter not on the agenda. There was no one wishing to speak.
PRESENTATIONS: Mayor Rowan read a resolution commending the Cypress College
Charger Archery Team for their outstanding athletic excellence in winning the
California Community College Archery Championships and the Mixed Team Title at
the U.S. Intercollegiate Archery Championships and he presented the resolution to
the Team Coach, Jan Isenberger.
The City Manager introduced employees who were receiving service pins and Mayor
Rowan presented five year service pins to Bob Campbell and Colleen Pomeroy,
ten year pins to Lowell Weimer, Dale Gitch and Frank Huddy, and a 15 year pin to
Frank Hilberath. The Mayor expressed the Council's appreciation for the employees'
service with the City.
MINUTES: It was moved by Councilman Hudson, seconded by Councilwoman MacLain
and unanimously carried to approve the minutes of May 9, with Councilman Lacayo
abstaining, and to approve the minutes of May 14.
STAFF REPORTS & DISCUSSION: At the City Manager's request, and hearing no objet~-
tions, Mayor Rowan added Item #2la to the Consent Calendar regarding a request
for a time ~xtension for Conditional Use Permit #78-12, and Item #2lb regarding
a request from Straight Talk Clinic for an extension of their lease. In regard
to Item #2lb, the City Manager reported that Straight Talk Clinic is applying for
a grant which requires a five-year lease arrangement. He recommended that the
Council approve the request subject to the same conditions of the existing
lease which includes the 90 day cancellation clause, which would serve to facili-
tate tbeir grant application.
T}~e City Manager reported that the City of Westminster has gone on record in
opposition to SB 462 which relates to State preemption of the control of bill-
boards. He also reported that the Board of Supervisors today approved the
$~01,126 allocation to the Cypress gecreation and Park District. The City
Manager requested an Executive Session to discuss matters of litigation and
personnel.
Hearing no objections, Mayor Rowan also added Item #31 to the agenda regarding
the Executive Session and Item #32 regarding Councilwoman MacLain's appointment
to a State advisory committee.
Councilwoman MacLain recommended that the City submit an article to Western
Cities Magazine describing the City's cooperative efforts in consolidating ser-
vices with other western Orange County cities.
CONSIDERATION OF AWARD OF CONTRACT FOR CIVIC CENTER TENNIS COURT COMPLEX -
PROJECT #76-30062: The City Manager presented a report from the Recreation and
Parks Director dated May 23 which described the bid results for the project.
The staff recommended that the bids be rejected and that staff readvertise for
a combination bid for the demolition and earth work, retaining wall and three
lighted courts, and readvertise for a separate bid for the irrigation and land-
scaping portion of the project.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to (1)
reject all bids and authorize staff to readvertise for a combination lump sum
bid for demolition and earth work, retaining wall and three lighted tennis courts,
(2) authorize staff to readvertise bids for the irrigation and landscaping portion
of the project as a combined separate bid, and (3) allocate funds from the 1973
District Park Bond Issue to be combined with the $85,000 to be received from the
1976 State Park Bond Act in order to fund the tennis court complex. 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
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 recommendations listed on the agenda.
It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to approve
Items #4 through #2lb on the Consent Calendar. 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
item #4: Motion to Introduce and/or Adopt All Ordinances Presented for Consid-
eration by Title Only and To Waive Further Reading.
Item #5: Consideration of Adoption of Resolution Authorizing County/City
Purchasing Agreement.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING PURCHASES OF CERTAIN ITEMS TO BE MADE FOR
THE CITY BY THE PURCItASING AGENT OF THE COUNTY OF ORANGE.
Item #6: Consideration of an Application for an Alcoholic Beverage License
Transfer Filed by Thelma May Bacani, DBA Tic Tac Foods, 5591 Ball Road, Cypress.
Recommendation: Receive and file.
Item #7: Consideration of a Request to Proclaim the Twenty-one Days, Flag Day
through Independence Day, as a Period to Honor America.
Recommendation: That the Mayor and City Council officially proclaim the twenty-
one days from June 14, Flag Day, through July 4, Independence Day, as a period
to "Honor America" as requested.
Item #8: Consideration of a Verified Claim for Damages Filed by Mr. Walter
Maddox.
Recommendation: That the City Council officially deny the subject claim and
refer it to the City's Claim Adjuster, Carl Warren and Company, for appropriate
disposition.
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City Council Minutes May 29, 1979
Item #9: Consideration of Adoption of a Resolution Corm~ending the Cypress
Community College Charger Archery Team.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING CYPRESS COLLEGE CHARGER ARCHERS FOR THEIR
OUTSTANDING ATHLETIC EXCELLENCE IN WINNING THE CALIFORNIA
COMMUNITY COLLEGE ARCHERY CHAMPIONSHIP AND THE MIXED TEAM
TITLE AT THE UNITED STATES INTERCOLLEGIATE ARCHERY
CH~MPIONSHIPS.
Item #10: Consideration of Adoption of a Resolution of Commendation for Eagle
Scout Andre Paul Simmons.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING BOY SCOUT ANDRE PAUL SIMMONS ON ACHIEVING
THE RANK OF EAGLE SCOUT.
Item #]1: Consideration of Declaring June as Cypress Recreation and Parks Month.
Recommendation: That the Mayor and City Council officially proclaim the month
of June, 1979, as "Recreation and Parks Month" in the City of Cypress.
item #12: Consideration of Acceptance of Donations.
Recommendation: That the City Council, acting as the ex officio Board of Direc-
tors of the Cypress Recreation and Park District, accept the $100 from the
Cypress Jaycees and the $15 check from Ms. Golonka donated to the Cypress
Recreation and Park District.
Item #13: Consideration of Approval of Plans and Specifications and Authoriza-
tion to Advertise for Bids for Bus Shelters, City Project #7636-90.
Recommendation: That the City Council approve the Plans and Specifications for
Bus Shelters and authorize the advertising for bids, with bids to be opened in
the office of the City Clerk on June 19, 1979 at 10:00 a.m. (includes changing
clear Lexan to tinted).
Item #14: Consideration of Financial Statement of the City of Cypress for the
Fiscal Year 1977/78.
Recommendation: Receive and file.
Item #15: Consideration of a Resolution from the Orange County Division of the
League of California Cities Supporting a Police Training Center at Goldenwest
College.
Recommendation: That the City Council request the City's voting delegate to the
Orange County Division of the League of California Cities to vote in favor of
the Resolution supporting the development of a regional Criminal Justice Training
Center at Goldenwest Community College.
Item #16: Consideration of Nominee to the Geriatric Council.
Recommendation: That the City Council appoint Grace Lachina to the Geriatric
Health Care Council of Orange County.
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City Coun~O~nutes May 29, 1979
Item #17: Consideration of Settlement of Property Damage Claim by Coppage
Excavating Company.
Recommendation: That the City Council authorize Carl Warren and Company, on
behalf of the City, to settle tho property damage claim submitted by Coppage
Excavating Company in an amount of $1,416.49 to Coppage's Insurance Carrier,
Rathbone, King and Seeley, and a settlement of $3,640 to Coppage Excavating
Company for their down-time expense.
Item #18: Consideration of Acceptance of Parcel Map #79-1104 and Agreement
for Deferred Street Dedication, City Project #7945-10 (southeast corner of
Katella and Yamaha Way).
Recommendation: That the City Council: (i) approve Final Parcel Map #79-1104
and accept the bonds for public improvements in the amount of $100,000.00, which
is not less than 50% nor more than 100% of the total improvements, and authorize
the City Clerk to sign the record map, and (2) approve the agreement for future
acceptance of street right-of-way for Yamaha Way and authorize the Mayor to sign
and the City Clerk to attest.
Item #19: Consideration of Equipment Sharing Agreement.
Recommendation: That the City Council approve the Equipment Sharing Agreement
authorizing the Mayor to sign and the City Clerk to attest, subject to approval
of the City Attorney.
Item #20: Consideration of Legislative Bulletins 19 and 20 from the League
of California Cities Dated May 11 and May 18, 1979.
Recommendation: That the City Council direct staff to prepare responses for the
Mayor's signature to the appropriate officials expressing the City's support of
AB 859, SB 1182, and the Amendments to the State Department of Housing and Com--
munity Development's budget; and expressing the City's opposition to SB 462.
Item #21: Consideration of Time Extension - Conditional Use Permit #78-13
(southwest corner of Orange Avenue and Walker Street).
Recommendation: That the City Council grant a one year time extension in which
to undertake construction of Conditional Use Permit #78-13 which time extension
shall expire on June 1, 1980.
Item #2la: Consideration of Time Extension for Conditional Use Permit #78-12.
Recommendation: That the City Council grant a one-year time extension in which
to undertake construction of Conditional Use Permit #78-12 (5601 and 5611
Nelson Street), which time extension shall expire on June 1, 1980.
Item #2lb: Consideration of Request for Extension of Lease - Straight Talk Clinic.
Recommendation: That the City Council approve a five-year extension of the lease
agreement with Straight Talk Clinic subject to the same terms and conditions of
the existing lease, which extension shall expire August 1, 1984.
CONTINUATION OF CONSIDERATION OF SCREENING REQUIREMENTS FOR CYPRESS FINANCIAL
CENTER~ 5400 ORANGE AVENUE: The City Manager presented a report dated Mmy 24
which transmitted a communication from the attorney for Eastern Pacific Develop-
m~nt, Mr. (]regory Fant, and a communication from the City Attorney regarding the
conditions imposed by the Council relating to the screening requirements. The
City Manager indicated that the adjacent homeowners were notified that this
matter was on tonight's agenda.
Councilman Hudson stated for the record that in regard to Mr. Fant's letter of
May 17 which describes his attendance at a meeting held with the developer and
property owners, he left that meeting before any agreement or conclusions were
reached by the homeowners and developer.
Mr. John Yznaga, representing Eastern Pacific Development, stated he requested
this item back on the agenda on the basis of his disagreement with the City
Attorney's opinion indicating that the Council had authority to modify their
conditional use permit. The City Attorney stated the Council had authority in
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City Council Minutes
May 29, 19~9
303
connection with approval of the landscape plan to specify the quantity and type
of trees to be planted but it lacked the authority to unilaterally modify the
use permit to require that the block wall be topped with redwood screening.
Mr. Yznaga stated he was unhappy with the Council's previous action and was
willing to reach a compromise. He reported his landscape architect recommended
the type of trees which exist and that he would remove some if there are too many.
Mrs. Hammonds, 5417 Oxford, Cypress, felt the property owners have a right to
have the landscaping changed since they were not consulted before its planting.
She stated the property owners had the understanding they would be given a choice
between shrubs or a fence.
Councilman Hudson asked how the residents felt if the developer is required to
construct a six foot high wall and what the effect would be of the wall height.
Mrs. Hammonds stated the homeowners agreed to the wood extension to the fence
because some were concerned over air circulation in the yards. She reported
the homeowners have a drainage problem because water from the commercial property
drains into their yards and floods plants. She asked if the drainage problem
would be corrected. Councilman Hudson explained that, according to the staff,
construction of the wall would solve the drainage problem. Mrs. Hammonds stated
she felt the existing planting would not provide screening for upstairs floors.
Mr. A1 Troncone, 5427 Oxford, Cypress, reported the shrubs planted by the devel-
oper are susceptible to a bug and require heavy spraying, and they are planted
closer to the residents' wall. He reported irrigation water goes through the
retaining wall into their yards. He reported the developer told the homeowners
what type of shrub would be planted, and he stated he'd like things as they are
based on the last Council meeting.
The City Council inquired about the City's liability with regard to the drainage
problem. The City Attorney advised that the Council retains authority to approve
the landscape/irrigation plan including plans for drainage of planter areas and
could require correction of problems by the developer.
Mr. A1 Troncone presented a May 1979 article in Sunset Magazine which reported
on the problems associated with the Indian Laurel tree wl~ich was planted.
Mrs. Julie Candelaria, 5457 Oxford, expressed concern over the security problem
with the existing wall and the lack of privacy for the second story of homes.
Mr. Charles Lesley, 5407 Oxford, asked who was responsible for maintenance of
the landscaping of the shrubbery and if the responsibility would transfer to a
new property owner. The Mayor stated the conditions imposed on the property would
continue with a new property owner. Mr. Lesley felt the existing shrubs would
create problems. He reported his yard has been flooded several times by water
from the commercial property.
%he Council inquired about the conformance of the drainage with the plans and
inquired about the drainage problem related to the retaining wall. Mr. Schatzeder
reported that he approved the grading plan for the surface drainage which is
to the west with adequate grades on the gutters to provide drainage towards
the street. He indicated a storm drain would have been a considerably higher
cost. In regard to the landscaping drainage problem, he explained that a space
between the developer's retaining wall and the homeowners' wall, and vertical
spaces between the bottom course of blocks of the homeowners' wall allow water
to seep through to the residents' yards. He stated he would have to inspect
whether the developer's retaining wall has similar spaces in the bottom course
of blocks.
The City Manager suggested that since the drainage problem is related to the
irrigation system, it be considered when the landscapi~g plans are reviewed, at
which time the developer can be required to make corrections.
It was moved by Councilman Hudson and seconded by Councilman Lacayo to continue
this matter to the June 11 meeting and request a staff report on the drainage
problem related to the irrigation, and direct staff to transmit their report to
the affected property owners and notify them this item will be on the next agenda.
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Ci~y0C~ouncil Minutes May 29, 1979
Mr. Yznaga offered~d:~.repair the drainage problem and stains on the wall and agreed
to a condition to~r~quire the developer to maintain the trees. He felt the existing
tree was an acceptable type.
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
Mr. Troncone suggested that the developer be directed to discontinue construction
of the wall which is in progress until the problems are resolved.
RECESS: Mayor Rowan called a recess at 7:58 p.m. The meeting was called back
to order at 8:05 p.m. with all Councilmembers present.
PUBLIC HEARING RE: ANNEXATION NO. 79-1 - PROTEST HEARING (NORTHWESTERLY AND SOUTH-
WESTERLY CORNERS OF LINCOLN AVENUE AND MOODY STREET): Mayor Rowan opened the
public hearing and asked for the staff report.
The City Manager presented a report from the Planning Director dated May 22 des-
cribing the proposed annexation of four separate parcels having an area of approx-
imately 8.7 acres located at the northwest and southwest corners of Lincoln and
Moody. The annexation was supported by Property Investments West which repre-
sents more than 50% of the assessed valuation of the entire area. Staff recom-
mended approval of the annexation since a majority protest to the annexation was
not made.
Mayor Rowan continued this hearing until later and opened the following public
hearing for the benefit of persons in the audience.
PUBLIC HFARING RE: PUBLIC NUISANCE CONDITIONS LOCATED AT 9432 ALDERBURY STREET:
Mayor Rowan opened the public hearing and asked for the staff report.
The City Manager presented a report from the Public Works Director dated May 22
which indicated the Council scheduled this matter for public hearing at their
May 14 meeting. The report described the nuisance conditions on the property
consisting of overgrown vegetation and weeds in the front, side and rear yards,
and the scattering of trash cans and other debris in the front yard. Staff
recommended that the property be declared a public nuisance and to order its
abatement by the property owner.
The City Clerk announced that any persons wishing to present testimony during
the hearing, including staff members, must be sworn and he asked those who wish
to speak to stand. The City Clerk administered the oath to Mr. Schatzeder and
two members of the audience.
The Public Works Director presented slides illustrating the nuisance conditions
on the property. He reported the high weeds are a potential fire hazard.
Mayor Rowan asked if anyone in the audience wished to speak.
Mr. Eugene Zeckmeister, 9452 Alderbury, Cypress, reported the same problem
occurred about five years ago and he reported the conditions to the City, ~ealtb
and fire departm~ents. He requested that the nuisance be cleaned up and stated
the conditions are degrading to the neighborhood. He felt there may be problems
on the property with termites and rodents and reported the home has been uninhabited
for nine years.
Mr. Leslie Cochrane, 9472 Alderbury, reported he has not seen anyone living in
the home since July of 1972 and that previously someone came once a year to ~o
yard work. He reported the overgrown vegetation almost conceals the house and
trash cans are littered over the front yard and driveway.
Councilman Lacayo asked if there was a means to handle reoccurring problems and
if the nuisance conditions could be abated through the normal weed abatement
procedures. He inquired about the City's authority to abate nuisances such as
rodents or insects in the interior of dwellings. The City Attorney indicated
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City Council Minutes May 29, 1979
that the weed problem could be abated through the continuing weed abatement program
but that the Council lacked authority with regard to the condition of the landscaping.
He suggested that if City forces perform the abatement work, they could undertake a
preliminary j~c~j~n t~ determine if there is evidence of insect or rodent infes-
tation which would be a source 6{ p~lems for this and other properties. The staff
further reported that Zoning Ordinance performance standards for residential zones
require that landscaping be permanently maintained in a neat and orderly condition
and that methods of enforcement were criminal proceedings or civil action.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close
the public hearing, adopt the following Resolution by title only, title as follows,
and direct that staff make an examination to determine if there is evidence of any
rodent or insect infestation on the property:
RESOLUTION NO. 2107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING AND DECLARING CERTAIN PREMISES WITHIN THE CITY
TO BE A NUISANCE, AS DEFINED IN ARTICLE III OF CHAPTER
13 OF THE CYPRESS CITY CODE, AND ORDERING THE ABATEMENT
OF THE SAME BY THE OWNER THEREOF.
Councilwoman Evans recommended that the correspondence to the property owner cite
the appropriate sections of the Zoning Ordinance which describe the Council's auth-
ority to enforce the abatement of nuisance conditions.
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
The Council continued consideration of the Public Hearing regarding Annexation
No. 79-1.
Mayor Rowan asked if anyone wished to speak in support of Annexation #79-1.
l~r. David Garrison, representing Property Investments West and the Cypress Square
shopping center at the northwest corner of Lincoln and Moody, expressed support
for the annexation of the property to the City of Cypress.
Mayor Rowan asked if anyone wished to speak in opposition. No one wished to
speak in opposition.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to close
the public hearing and adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 2108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT
BEEN MADE IN THE PROCEEDINGS KNOWN AS "ANNEXATION NO. 79-1".
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
~kBSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, l~acLain & Rowan
None
None
It was moved by Councilman Hudson and seconded by Councilman Lacayo to 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
APPROVING THE ANNEXATION OF CERTAIN TERRITORY, DESIGNATED
AS "ANNEXATION NO. 79-1" TO THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Itudson, Lacayo, ~acLain & Rowan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes May 29, 1979
Mrs. Hammonds, 5417 Oxford Drive, advised the Council that an agreement had been
reached between the property owners and developer regarding Item #24.
CONTINUATION OF CONSIDERATION OF TENTATIVE PARCEL MAP #79-1122 (5171 LINCOLN
AVENUE): The City Manager presented a report from the Planning Director dated
May 23 which indicated this matter was continued from the May 14 meeting to allow
the City Attorney to prepare a report regarding the conformance of the map with
the Subdivision Ordinance and State Map Act and the applicant to be present. A
communication from the City Attorney was transmitted. Mr. Lamm reported the staff
felt the map was appropriate since it conformed to Zoning Ordinance requirements
for the CH-lO,000 Zone but it could be considered in conflict with the established
objectives of the Lincoln Avenue Study.
Mr. Joseph Graetch, 2144 Eloise, Placentia, the applicant and property owner,
reported that one of the businesses on the property (Tiffany Glass) wishes to
purchase half of the property, which would help control the problem of parking
by Tiffany's vehicles.
Councilman Hudson felt the lot split was contrary to the objectives of the Lincoln
Avenue improvement program which encourages the consolidation of parcels for
ultimate development. He expressed concern over the driveway access problem and
maintenance of the common driveway under two ownerships. The staff indicated
that an extension of the driveway apron or shifting the center property line
would not remedy the driveway access problem.
It was moved by Councilman Hudson and seconded by Councilman Lacayo to deny
~Tentative Parcel Map #79-1122 based on the map's conflict with the Lincoln Avenue
Study, and to adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 2109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING TENTATIVE PARCEL MAP NO. 79-1122.
Councilwoman Evans stated she supported the L~ncoln Avenue plan but did not wish
to deny the map without considering revisions of the lot size and the driveway
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
2 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Hudson, Lacayo & Rowan
Evans & MacLain
None
RECESS: The Mayor called a recess at 8:50 p.m. The meeting was called back to
order at 8:53 p.m. with all Councilmembers present.
In regard to Item #24, Continuation of Consideration of Screening Requirements
for Cypress Financial Center, 5400 Orange Avenue, Mayor Rowan asked if an agree-
ment was reached between the property owners and developer.
Mr. John Yznaga reported the developer will agree to construct a block wall at the
same height as the homeowners' wall with a 2 1/2 foot redwood extension on top for
the full length of the property, and to plant Cypress Leylandi trees six feet on
center across the length of the wall. He reported that the homeowners requested
that he install speed humps in the parking lot.
The City Attorney advised that, if the Council agrees with the proposal, no fur-
ther action is required tonight except for the Council to formally review and
approve the landscape/irrigation plan at the next meeting which should reflect
the above agreement as part of the plan.
?4r. Schatzeder asked at what point the Certificate of Occupancy could be granted.
The City Attorney stated this is addressed in the original use permit which
requires that landscaping be installed before the Certificate is granted. Council-
man Lacayo suggested that the Council hold a special meeting to review the
landscaping plans to expedite the matter.
Mr. Schatzeder stated that an examination will have to be made of the developer's
retaining wall to determine if there are cracks between the concrete blocks, and
the cracks will have to be sealed to prevent water from entering the homeowners'
yards and causing drainage problems. He stated the normal procedure on issuing
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City Council Minutes May 29, 1979
certificates of occupancy is that the work must be completed or the developer
must post a cash deposit with the City to guarantee the performance of the work.
Mr. Yznaga reported the wall construction can be completed by the end of this week.
He stated he would check the retaining wall footings and seal the holes if there
are any, or fill in the space between the two walls with concrete to resolve the
drainage problem.
Mr. A1 Troncone, 5427 Oxford, stated that Mr. Yznaga agreed in his discussions
with the homeowners to fill in the area between the two walls with concrete to
prevent drainage through the wall.
Mrs. Hammonds asked how far from the wall would the trees be planted. Mr. Schat-
zeder reported that the trees would have to be planted on one side of an electrical
line which runs down the length of the five-foot parkway adjacent to the wall.
Mr. Yznaga stated he could not plant the trees closer to the parking lot side
because of potential damage to the trees by parked vehicles, and the concrete
car bumpers could not be moved because it would reduce the required turning radius
for cars in the parking lot.
CONSIDERATION OF TENTATIVE TRACT MAP #10740 AND DESIGN REVIEW OF CYPRESS MANOR
OFFICE COMPLEX (SOUTHEAST CORNER OF ORANGE AVENUE A_ND GRINDLAY STREET): The
Assistant Planner presented a report dated May 21 describing the tentative tract
map which proposes the construction of office condominiums. He reported that
Conditional Use Permit #77-26 was approved in January 1978 for the construction
of a one and two story multi-building office complex on the property and the
new property owner intends to utilize the same plans with minor changes. Mr.
Lamm reported that staff's major concern relates to the change proposed for
Building "E", the most southerly building, which is shown as a two-story building.
He reported that the applicant has agreed to eliminate second story windows on
the south face of Building E. Mr. Lamm reported that staff recommends approval
of the map but suggests that the matter be continued so that adjacent homeowners
can be invited to review the plans. In response to questions from the Council
Mr. Lamm reported that the grade of the subject property is about the same as
the property to the east, and the distance between the office buildings and single-
family homes is about the same as the adjacent offices. He reported the proposed
setback of Building E from the south property line is about 75 feet, which exceeds
the ordinance requirement for a 20 foot setback.
Mr. Larry Hathorn, 3711 Long Beach Boulevard #611, Long Beach, the applicant,
described his project and reported they have agreed to eliminate the second story
windows on the south side of Building E and instead may provide a foot-wide
skylight along the upper edge of the building. He stated they will maintain
the six-foot high perimeter wall and will provide a retaining wall. He reported
they plan a security system for the complex of locked gates and a call system.
Mr. Hathorn stated that timing is critical for the project and a two week delay
could jeopardize some of their operations. He asked that the Council grant
conditional approval of the map and stated they would work with staff on the
details of the plan.
Mr. Larry King, architect for the project, reported that Building E should be
about 22 feet above final grade. The staff explained the grading sIope require-
ments for drainage and the applicant felt there should be less of a grading
problem since they had anticipated a greater slope requirement. Mr. Hathorn
expressed their desire to maintain continuity and compatibility of design of
their project with the Civic Center area buildings. Mr. Hathorn stated he
read the staff report and agrees with the proposed conditions of approval.
He reported that he would like to apply to the State Department of Real Estate
for a waiver which would allow him to make pre-sales of the office units prior
to completion of construction of the project. He indicated this required approval
of CC & R's and a tentative tract map to which conditions can be attached.
He reported the CC & R's should be ready by June 3. He asked that the Council
grant contingent approval of the map so that they can apply for the waiver.
Councilwoman Evans felt there were substantial deviations in the plans from the
original use permit to warrant a re-hearing. She requested a staff report des-
cribing the modification to the plan.
It was moved by Councilwoman Evans and seconded by Councilman Hudson to continue
this matter and schedule it for a public hearing for the next Council meeting.
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May 29, 1979
The City Manager reported there would be insufficient time to publish the hearing
notice for a hearing on June 11 and the hearing would have to be scheduled for
June 25.
The Council held discussion regarding the possibility of waiving the formal
hearing notice and sending letters of notification to the affected property
owners and the possibility of granting conditional approval to the map and
withholding approval of the design of the project. The City Attorney indicated
that changes in the design plans would affect the tentative tract map.
The motion to continue the matter and schedule it for a public hearing for the
meeting of June 25 unanimously carried by the following roll call vote:
AYES: ~ 5 C~UNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan
NOES: 0 COUNCILMEMBERS: None ~
ABSENT: %% 0 COUNCILMEMBERS: None
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, suggested that the developer
provide drainage underground to the rear of the lot with a sump.
Mr. A1 Troncone, 5427 Oxford Drive, inquired about the proposed location of
trash receptacles. He reported that the location of trash receptacles along
the south wall created a problem for homeowners adjacent to the off ice develop-
ment to the east. Mr. Hathorn presented his plans which indicated the trash
receptacles would be located adjacent to the office buildings.
Mr. Jim Maylor, 10081 Valley View, Cypress, President of the Chamber of Commerce,
offered the use of the Chamber office for the developer's meeting with homeowners.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman
Lacayo and seconded by Councilwoman MacLain to approve the Warrant List for Warrants
#52092 through #52236 in the total amount of $387,984.85. 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 RE: ZONE CHANGE #79-2 (SOUTHERLY OF LINCOLN BETWEEN
GRINDLAY STREET AND WALKER STREET): It was moved by Councilman Lacayo and sec-
onded by Councilman Hudson to order the following Ordinance read by title only,
title as follows, and to adopt the Ordinance:
ORDINANCE NO. 643
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 CG-10,O00 COMMERCIAL GENERAL ZONE AND THE RM-20/A
RESIDENTIAL MULTIPLE FAMILY ZONE AND KNOWN AS ZONE
CHANGE NO. 79-2.
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 RE: BUSINESS TAX RATE SCHEDULE: It was moved by
Councilman Lacayo and seconded by Councilman Hudson to order the following Ord-
inance read by title only, title as follows, and to adopt the Ordinance:
ORDINANCE NO. 644
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 15-30 OF THE CYPRESS CITY CODE RELATING
TO THE BUSINESS TAX RATE SCHEDULE.
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City Council Minutes May 29, 1979
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST:
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 #9212 through #9262 in the
total amount of $35,569.36. 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
In regard to Item #32, Councilwoman MacLain reported that she was recently
appointed to a State advisory committee which would work in conjunction with
the State Employment Development Department. She indicated that the State
or State League would reimburse her travel costs for a trip to Sacramento on
June 7, and she requested approval of an expenditure by the Council.
It was moved by Councilman Lacayo and seconded by Councilman Hudson to authorize
the expenditure as requested for Councilwoman MacLain which will be reimbursable.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, biacLain & Rowan
None
None
Mayor Rowan reported on proposed legislation which would allow banking institu-
tions to raise the interest rate if someone takes over an existing loan. Council-
men Lacayo and Hudson expressed objection to the legislation. The City Council
agreed to go on record in opposition to the proposed legislation and requested
that staff prepare the appropriate communications.
ORAL COMMUNICATIONS: Mr. Lou Santo, 10443 Camden Drive, Cypress, inquired about
the Board of Supervisor's action at their M~y 15 meeting regarding the Los Alamitos
Armed Forces Reserve Center airport. The City Council advised that, although
considerable opposition was expressed to joint use, the Board agreed to continue
its evaluation of Los A~amitos airport as a potential commercial airport site.
Councilwoman MacLain expressed objection that airport expansion was being supported
by private aircraft users and the costs would be borne by the taxpayers.
Mr. A1 Troncone, 5427 Oxford Drive, stated that after witnessing the Council's
discussions at the last meeting he was proud to have the Council represent him
and the citizens of Cypress and he commended their democractic action.
EXECUTIVE SESSION: Mayor Rowan called an Executive Session at 10:24 p.m. for
matters of personnel and litigation.
COUNCILWOMAN MACLAIN LEFT THE MEETING AT 11:05 PoM.
The meeting was called back to order at 11:40 p.mo with Councilwoman MacLain
absent.
ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Hudson
and unanimously carried to adjourn the meeting at 11:40 p.m.
ATTEST:
CITY CLERK 0Y THE C~TY OF CYPRESS
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