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Minutes 79-10-09MINUTES OF A REULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 9, 1979 The regular meeting of the Cypress City Council was called to nrder at 6:34 p.m. on Tuesday, October 9, 1979 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Howard Rowan presiding. PRESENT: ABSENT: Councilmembers Evans, Hudson, Lacayo and Rowan Councilwoman MacLain Also present were Darrell Essex, City Manager/City Clerk, dobn Murphy, City Attorney, and the following staff members: Bryant, Davenport, Duke, Lamm, Powell and Schatzeder. PLEDC, E OF ALLEGIANCE: Mr. James Duncan led the pledge to the flag. ORAL CO}IMUNICATIONS: The Mayor asked if anyone wished to speak in regard to any matter wbich was not on the agenda. No one wished to speak. ERESENTATION: The City Manager requested that the presentation by the Automobile Club of Southern California be eontinued to the October 22 meeting. MINUTES: It was moved by Councilman Hudsnn, seconded by Councilwoman Evans and unanimously carried to approve the minutes of September 11, September 17 and September 24. STAFF REPOR'FS & DISCUSSIONS: The City Manager requested ;,n Executive Session to discuss matters of litigation. At the City Manager's request, the Mayor added item #'{1 tn the agenda regarding a City representative ~n the Connty's fire stndy group. CONS [DEI{Ar['ION OF NOISE COMPLAINTS FROM THE RESI DENTS AD.JACENT TO TIlE ALBERTSON'S SHOPP[NC CENTER: The City Manager prt, sented a report dated October 5 discussing the noise problems at the Albertson's/Mervyn's shopping center at Valley View and ltall and tile meeting held between th~' store manager, the City Manager and Eouncilman Lacayo. CO[JNCIIMOMAN MACLAIN ARRIVED AT 6:40 P.M. Mr. Don Kennedy, 5843 Holmby Court, Cypress, described the noise problems. Be re, ported that truck deliveries occur at all hours of the day and night, diesel trucks entering from Valley View roar down the alley behind Mervyn's to Albertson's a~ 3:00 a.m., trucks coming in late at night ~;~ the parking lot as a staging area, loud truck engines are left running for hour~, and trucks with loud radios park slang the wall. Mr. Kennedy stated trash pick-up is also noisy. He reported the parking lot street sweeper arrives at 5:00 a.m. and was no~ sympathetic to the homeowners~ concerns. Mr. Kennedy reported tha~ the loud truck noises awaken people at uight and he felt the situatinns could be remedied. He indicated that thc situation has steadily become intolerable but it reached a crescendo tbis Mrs. Sylvia Gunderson, 5854 Holmby Court, reported tbe residents took no action until now because they thought they could live witb the situation and the noise. She reported they are losing neighbors because of tbe noise wbich is created by the truck deliveries at night. She felt a snlution might he to install a left- turn pocket on Ball Road so that trucks would not have to enter from Valley View and drive down the alley behind the stores. Mrs. Tony Nasco, 5853 Holmby Court, reported they have lived here for two years and are moving because of the noise at the shopping center. Sbe reported that the trucks hitting a drainage ditch cause vibrations in the homes and people cannot get a good nigbt's rest. She reported the manager of Albertson's was more sympathetic to the customers' needs than those of the residents. City Com~cil Minutes October 9, 1979 May~r Rowan asked if representatives from the shopping center were present. There Cou~ci]man Lacayo recommended that the Council authorize a letter from the Mayor to the managers of the shopping center requesting that they cooperate by consid- ering the following actions: restrict street sweeping of the rear alley before g:O0 or 9:00 a.m. and after 10:00 p.m.; reroute trucks coming in from Valley View to come in from Ball Road to make deliveries; install speed bumps at the Mervyn's cmtrance side only; post signs to prohibit honking horns at the alley entrances; ,'md request that truck staging and trash compaction take place away from the r-esidential properties. Councilman Hudson felt speed bumps would create more ~loise and he irritating. He suggested that deliveries be restricted from 9:00 p.m. to 7:00 a.m. and that delivery regulations be adopted by ordinance. The City Attorney indicated that an ordinance would be upheld which restricts late night deliveries in close proximity to residential properties because of the concerns of public health, safety and welfare. The Council held discussion on whether the ordinance should have a broader application to cover noise problems else- where in the City, like at the Hyatt property, or to avoid potential problems with ~ew commercial developments in the south end of the City. The Council decided to ]Imit the ordinance provisions to commercial developments throughout l:i~e City which abut residential properties and to address only the delivery issoe. Councilman Hudson suggested that the City dea! on an individual basis ,,ith the shopping centers to see what can be accomplished with regard to sweeping m~d trash pick-up problems, and then if the managers are uncooperative in solving prehlems, the Council can consider further action. /[ was moved by Councilman Hudson and seconded by Councilman Lacayo to direct t!u City Attorney to prepare an ordinance for the next meeting or the earliest i>,~ssibie date directing the restriction of deliveries to commercial businesses which are located adjacent to residential areas, and to allow staff the preroga- tives, of determining the appropriate provisions of the ordinance including the ~.i[ue~rame relative to truck deliveries. ~ o,u~ci Iman Lacayo requested that thi,,~ action be followed with a letter to all ,~l~,rcatc, d parties, such as the store manager at the Albertson's shopping center, i,,ii qting that the Council is considering the adoption of the ordinance and ~q~csting their input and their cooperation. Councilman Hudson recommended the Chamber of Commerce be notified of thc Council's action and that they ~-equested to seek cooperation from the store managers in this matter. motion unanimously carried by the following roll call vote: NOES: Ai~S ENT: 5 COUNCILMEMBERS: () COUNCILMEMBERS: 0 COUNCILMEMBERS: CON,'~ENT CALENDAR: Mayor Rowan annoonced that all items listed on the agenda "Consent Calendar" were to be considered as routine and enacted by one approving the recommendations listed on the agenda. was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve ~!ems i/$ through #21 on the Consent Calendar. [;ouucilwoman Evans inquired about Item #13 concerning employment of a Community Service Officer and stated she supported having a sworn officer assigned to the lh'hool Resource Officer program on the hlgb school campus. The City Manager indicated that the employment of a Community Service Officer would allow for the assignment of a sworn officer to the gchool Resource Officer program. With regard ~o item #8 concerning the Cerritos Avenue Bikeway, Councilwoman MacLain asked if bike paths were proposed on Denni adjacent to Arnold and Lexington Schools. The staff indicated they would report back on this matter to the Council. motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, ttudson, Lacayo, MacLain & Rowan None None -2- City Council Minutes October 9, 1979 Item #3~ Motion to Introduce and/or Adopt Ail Ordinances Presented for Consid- eration by Title Only, and to Waive Further Reading. Item #4: Consideration of Request to Proclaim November 11-17, 1979 as American Education Week. Recommendation: That the Mayor and City Council officially proclaim the week of November 11-17, 1979 as "American Education Week" in the City of Cypress as requested by the Junior Women's Club of Cypress. Item #5: Consideration of Request to Proclaim the Montb of October 1979 as Escrow Month. Recommendation: That the Mayor and City Council officially proclaim the month of October 1979 as "Escrow Month" in the City of Cypress as requested by the Orange County Escrow Association. Item #6: Consideration of Employment List - Police Clerk. Recommendation: That the City Council certify the employment list as submitted for the position of Police Clerk. Item #7: Consideration of Acceptance of Final Tract Map #10584 (Graham Street, west side, south of Orange Avenue). Recommendation: That the City Council approve Final Tract Map #10584 and auth- orize the City Clerk to sign the record map. Item #8: Consideration of Approval of Plans and Specifications and Authorization to Advertise for Bids on Cerritos Avenue Bikeway From Bloomfield to Knott Street with Connecting Routes, Bloomfield Street, Denni Street, Moody Street and Walker Street Between Ball Road and Cerritos Avenue and Knott Street from Cerritos Avenue South to the Railroad and from the Stanton Channel to South City Limits, City of Cypress Project No. 7857-10. Recommendation: That the City Council approve Plans and Specifications for the construction of the Cerritos Avenue Bikeway from Bloomfield Street to Knott Street with connecting routes, Bloomfield Street, Denni Street, Moody Street and Walker Street between Ball Road and Cerritos Avenue and Knott Street from Cerritos Avenue south to the Railroad and from the Stanton Channel to the South City Limits, Project #7857-10, and authorize the City Clerk to advertise for bids to be opened in the City Clerk's office at 2:00 p.m. on November 20, 1979. Item #9: Consideration of "No Parking" Areas Associated with the Cerritos Avenue Bike Path, Project No. 7857-10. Recommendation: That the City Council adopt the following Resolution by title only, title as follows, establishing "No Parking" areas on Cerritos Avenue and Moody Street: RESOLUTION NO. 2137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO STANDING" ZONES AND "NO PARKING" AREAS. Item #10: Consideration of a Request to Change the Name of Yamaha Way to Dana Way, Parcel Map #79-1104 (south side of Katella Avenue, east of Holder Street). Recommendation: That the City Council adopt the following Resolution by title only, title as follows, approving a street name change on Parcel Map #79-1104 from Yamaha Way to Dana Way: RESOLUTION NO. 2138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE NAME OF A CERTAIN STREET TO BE CHANGED WITNIN THE CITY OF CYPRESS. -3- City Council Minutes October 9, 1979 Item #11: Consideration of Acceptance of Improvements and Release of Bonds for Tract #9849 (6101 Orange Avenue). Recommendation: That the City Council accept the public improvements in Tract #9849 as being satisfactorily completed in accordance with plans and specifica- tions and authorize the City Clerk to release the Monumentation Bond and the habor 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 work- mansbip. Item #12: Consideration of an Application for a Type "41" On Sale Beer and Wine Alcoholic Beverage License Filed by Mr. Robert D. Ryan, President, Howard Johnson's Restaurants, Inc., 4498 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item #13: Consideration of Employment List - Community Service Officer. Recommendation: That the City Council certify the employment list for the posi- tion of Community Service Officer as submitted. Item #14: Consideratfon of Acceptance of Improvements on Valley View Street - Katella Avenue, 350' N/o to 650' S/o Katella on Valley View, and 650' W/o to 350' E/o Valley View on Katella, F.A.U. Project #ML030(6) - Phase I, Including Traffic Signal Interconnect System on Valley View Street from Lincoln Avenue to Orangewood, City of Cypress Project #7505-10. Recommendation: That the City Council accept the street improvements on Valley V~ew Street - Katella Avenue, 350' N/o to 650' S/o Katella on Valley View, and 650' W/o to 350' E/o Valley View on Katella, F.A.U. Project #ML030(6) - Phase I, including Traffic Signal Interconnect System on Valley View Street from Lincoln Avenue to Orangewood, as being satisfactorily completed in accordance with the Plans and Specifications, and authorize the City Clerk to release the Labor and Material Bonds upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bonds upon expiration of one year's guarantee, providing no defects in material or workmanship become evident. Item #15: Consideration of Authorization for the City Manager to Attend the International City Management Association's Annual Conference. Recommendation: That the City Council authorize the City Manager to attend the International City Management Association's conference on October 21-25, 1979 in Phoenix, Arizona, and that he be reimbursed for all his actual expenses. Item #16: Consideration of Report on the Use of Credit Cards for Registration of Recreation Programs. Recommendation: Since the use of credit cards has not created any problems, it is recommended that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, continue this policy and receive and file the staff report. Item #17: Consideration of Communication from the California Criminal Justice Planning Directors' Association Requesting Support of a Plan to Implement the Law Enforcement Assistance Reform Act. Recommendation: That the City Council authorize the Mayor to send a communication to the League of California Cities urging the adoption of a Resolution supporting the findings and recommendations of the report by the chairmen of California's Regional Criminal Justice Planning Boards entitled, "Equal But Not Autonomous" and urging that those recommendations be an integral part of the implementation of the Law Enforcement Assistance Reform Act in the State of California. Item #18: Consideration of Complaints Re: Slurry Seal Program. Recommendation: That the City Council receive and file the staff report. -4- City Council Minutes October 9, 1979 Item #19: Consideration of a Request for a One Year Extension of Conditional Use Permit #78-26, Wllliam J. Oliver (9922 Walker Street). Recommendation: That the City Council grant the one year extension of Condi- tional Use Permit #78-26 requested by Mr. William J. Oliver for the completion of a 12-court racquetball club with associated offices to be located at 9922 Walker Street, said time extension to expire on October 19, 1980. Item #20: Consideration of Modified Signing Program for Cinnamon Square Shopping Center at the Northwest Corner of Ball Road and Juanita Street, Jerry Reynolds Development Company. Recommendation: That the City Council concur with staff's approval of the architecturally revised freestanding sign which is substantially the same height and area as that previously approved by the City Council. Item #21: Consideration of a Resolution of the City of Garden Grove Seeking Assistance in Obtaining Health Services. Recommendation: That the City Council authorize the City Manager to communicate with the appropriate County and State Officials requesting increased services to control the health hazards cited by the City of Garden Crove's Resolution. CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-10~ MARION T. AND MARTHA D. JUSTICE (5412 CAMP STREET): The Planning D~rector presented a report dated October 4 describing the application to add two apartment units to an existing two-unit building at 5412 Camp Street in the RM-20/A Zone, Included in the proposal were variances to reduce the rear and side yard setbacks from that required by the Zoning Ordinance. Mr. Lamm presented the plot plan. Mayor Rowan opened the hearing and asked if the applicant wished to speak. Mr. Marion Justice, 5412 Camp, Cypress, stated he felt this area was due for redevelopment and he felt the project would be an asset to the City. He indi- cated he planned to reside in the new unit. Mr. Justice expressed agreement with the conditions of approval recommended by the staff. In response to Councilman Hudson's concern that the front concrete area may be used for parking thereby eliminating open space, Mr. Justice reported this would be impractical since he wonld provide automatic garage door openers and persons would not have to park in front and walk to the rear dwelling. Mr. Justice responded to ques- tions from the Council regarding design of the project. Councilwoman Evans felt that wlth a revised plan, construction could occur on the front portion of the ]ot and eliminate the need for variances. Mr. Justice indicated he preferred the aesthetic value of a good landscaping program on the fron~ of the lot which he did not want to diminish. He also stated it would not be economical to re- design the layout considering building costs. Mayor Rowan asked if anyone wished to speak in support or ~n opposition to the application. No one wished to speak in support or in opposition. Councilman Hudson stated he supported staff's recommendation with regard to the variances, which would require five foot side setbacks, based on their f~ndings that the RM-20/A zone's development standards present problems for the smaller size parcels located within the Walker Island annexation area. He recommended that all driveways, except one, on the front of the lot be removed in order to preserve an open green space. It was moved by Councilman Hudson and seconded by Councilwoman MacLain to close the public hearing and adopt the following Resolution by t~tle only, title as follows, approving C.U.P. #79-10 subject to the conditions recommended by staff and the additional condition that all except one driveway at the front of the property be removed, and approving the variances in accordance with Findings A, D and E of Section 17.3-7 of the Zoning Ordinance, which would require five- foot side setbacks and a 12 1/2 foot rear setback: RESOLUTION NO. 2139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 79-10 - WITH CONDITIONS. -5- City Council Minutes October 9, 1979 Councilwoman Evans agreed that the zoning appeared inappropriate for the area and with staff's suggestion to initiate a Zoning Ordinance update with regard to lots in the annexed area. She felt that changing from a 20 to a five foot rear setback was a substantial deviation which could have been avoided since there was buildable area on the front of the lot. She felt granting a variance of this type represented a change to the Zoning Ordinance and it would set a precedent for the area. She felt if the Council supports this type of develop- ment then it should be so reflected in the Zoning Ordinance. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 1 COUNCILMEMBERS: 0 COUNCILMEMBERS: Hudson, Lacayo, MacLain & Rowan Evans None It was moved by Councilwoman Evans and seconded by Councilman Hudson to direct staff to undertake a study of the RM-20/A Zone and other multiple-family resi- dential zones to determine if the RM-20/A zone classification is appropriate for the newly annexed Walker Island area. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEbiBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None RECESS: Mayor Rowan called a recess at 7:55 p.m. The meeting was called back to order at 8:05 p.m. with all Councilmembers present. CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-9 AND ASSO- 379 C1ATED VARIANCES (CYPRESS TOWNPARK APARTMENTS~ 9951 HOLDER STREET): The City Manager presented a report dated October 5 indicating the hearing was continued from the September 11 Council meeting. The report transmitted a communication from Dr. Jim Davis concerning the application. The Planning Director summarized a report dated September 4 which described the application by the Warmington Company to convert the 75-unit apartments into sen~or citizen condominiums. The application included variances from the Condominium Conversion Ordinance #606 with regard to building construction, landscaped open areas and required parking. Mr. Lamm presented slides of the existing apartment project. He indicated that the only structural improvements proposed by the applicant were the addition of a jacuzzi and a private security gate. Mr. Lamm reported that staff was less concerned with the parking and open space variances but did object to the proposed structural variances from the two one-hour fire wall and separate plumbing and utility requirements and the fact that families would be displaced from one of the few family apartment projects within the City. Mayor Rowan opened the public hearing and asked if the applicant wished to speak. Mr. Jim Christensen, representing the Warmington Company, 3822 Campus, Newport Beach, spoke in support of their application and felt it afforded an opportunity for them to cooperate with the City to provide needed housing for senior citizens. He felt their project would upgrade surrounding property values. He indicated the apartments are six years old and will become a liability if improvements are not undertaken. He reported they plan to remodel the interiors and repair the roofs. He reported the applicant also intends to help the tenants in a relocation program. Mr. Christensen felt the staff report was biased towards allowing no condominium conversions and that the finding could be made that the variances will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. Mr. Christensen spoke in support of the right of senior citizens to own a home and indicated there are no Federal programs through which affordable housing is available for seniors. Councilman Hudson stated that the purpose of the condominium conversion ordinance was not to encourage or restrict condominiums but was an attempt to ensure the public health, safety and welfare resulting from a conversion. He asked how the applicant would address the problem issues relating to the project. Mr. Christensen stated the applicant felt there was a seniors housing need M~icb they could provide, tie felt the applicant was meeting the safety criteria with the existing building since it was deemed adequate for the apartment tenants. -6- City Council Minutes October 9, 1979 H~ senior citizens should be given the opportunity to purchase housing whi~ they can afford. He stated the applicant would be unable to provide affordable housing if it had to meet the ordinance requirements. Mr. Christen- sen reported that the current tenants would have the first right of refusal with regard to purchasing a unit, and he indicated about 15% of them want to purchase. He reported the applicant proposed senior housing based on a market survey which showed a need and because the applicant has constructed successful senior housing projects elsewhere. Councilman Lacayo stated he was evaluating the project on its merits and not because it was a seniors project. He felt the complex was not designed for senior citizens and was unsuitable. He asked that the applicant justify the need for the variances. Mr. Christensen indicated that it would not be econom- ically viable for them to develop anything but a seniors project. He felt the complex will continue to deteriorate and rents will increase and that now was the time for renovation. Mayor Rowan asked if anyone wished to speak in support of the application. Dr. Jim Davis, a previous owner at 5761 Myra, Cypress, reported he is one of 43 persons owning interest in the property and he felt the owners had a right to develop a project which will maintain their investment. He felt there was alternative housing in the area for the existing tenants and that relocation was just a fact of the marketplace. He felt the City would receive increased taxes after conversion without much of a change in service requirements for the property. He felt persons who cannot afford the amenities provided in single-family housing should be given the opportunity to purchase alternative housing. RECESS: 5~ayor Rowan called a recess at 9:28 p.m. The meeting was called back to order at 9:34 p.m. with all Councilmembers present. P~ayor Rowan asked if anyone wished to speak in opposition to the application. The following persons spoke in opposition to the proposal. Many indicated they enjoy the Cypress community and the school system and wish to remain on the property. They indicated that many of the current tenants are young families, single parents or persons on a fixed income who need affordable housing and would not be able to purchase a condominium unit if the complex is converted. They indicated there is a lack of apartment housing for families within the area. Several speakers objected to the need to relocate about 150 school children from the complex and one speaker noted that the project as it exists would provide affordable housing for senior citizens. Another speaker felt the complex was unsuitable f'or seniors because of the stairs and number of bedrooms in the units: ~s. B. J. Strutber, 9951 Holder, #157, Cypress Mr. Joe Hardcastle, 4588 Blanca Drive Mrs. Nancy Potember, 9951 Holder, #15 Mr. Steve Marks, 9951 Holder, #37 Ms. Judy Kilburn, 9951 Holder, #31 Ms. Marlene White, 9951 Holder, #75 Mr. Greg Griswold, 9951 Holder, #75 Ms. Sandra Roscoe, 9951 Holder, #60 Mr. Christensen stated he understood the tenants' problems but he indicated that with the age of the complex and increasing maintenance costs, rents will increase. He stated that, in order to meet the two one-hour fire wall require- ment and noise standards, the applicant would be willing to either drywall both sides of a wall or place studs and drywall on one side. He indicated that water and electrical service is individually metered at present. He reported that the cost of removing a sewer and installing two would be prohibitive. Mr. Cbristensen reported their Anaheim seniors project had three bedrooms per unit which were modified into a bedroom, guest room and den. Mr. Mark Harrison, 9057 Euclid, Anaheim, felt the Council should consider how housing construction costs are adding to the cost of living and whether the City's regulations are prohibiting affordable housing. He stated the applicant -7- October 9, 1979 was proposing a seniors complex since it wished to accommodate as many City regulations as possible. Councilman Lacayo stated he did not support the proposal since the application did not conform to the condominium conversion ordinance. He felt a great deal of work would be necessary to change the complex into an ownership project. 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 ss follows, denying Conditional Use Permit #79-9: RESOLUTION NO. 2140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING CONDITIONAL USE PERMIT NO. 79-9. The motion unanimously carried by the following roll call vote: ,lYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: O COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-11, RECREATIONAL VEHICLE STORAGE, MR. CALVIN MEEKHOF (9731 WALKER STREET): The Planning Director presented a report dated October 2 describing the proposal for the temporary storage of recreational vehicles as an interim land use, until residential construction commences, on the residentially zoned parcel of land located at 9731 Walker Street. Staff recommended approval of the use on a temporary basis not to exceed five years subject to five conditions. Staff indicated one condition provides for ongoing Conncil review and approval of the hours of operation of the business. ~]<~t~nci]man Hudson expressed concern that the characteristics of this type of use may cause intrusion on the surrounding residential area, such as recreational v<~?~icles entering the property in the early morning or late evening hours. Mayor !4,~wz~ felt this type of activity occurs elsewhere in residential neighborhoods. Cu~l~cilwoman Evans felt a limitation on hours would be beneficial for security poses. Mayo~ Rowan opened the hearing and asked if the applicant wished to speak. Mr. (]alvin Meekhof, the applicant, 5438 Hanover Drive, Cypress, stated the staff ~port described his proposal. He indicated the hours of operation would be the same as the store hours, approximately 8:00 a.m. to 6:00 p.m., possibly 10:00 p.m. ~te indicated he hoped to commence the residential construction within the five year period. 7qayor Rowan asked if anyone else wished to speak in support or if anyone wished to speak in opposition to the application. No one wished to speak in support or in opposition. The City Attorney recommended that Condition #5 be changed to read: Conditional Use Permit #79-11 shall terminate five years from the date of approval by the City Council or at such time that a grading permit is issned by the City for the commencement of construction of the residential housing tract. Furthermore, since this use permit is granted for a temporary type land use, the City Council, at its discretion, may review and/or terminate this use permit if it shall find that the use is operated or maintained in such a manner as to be detrimental to the public health, safety or welfare or as to be injurious to the surrounding residents' properties and/or improvements. It was moved by Councilman Lacayo and seconded by Councilwoman Evans to close the public hearing and adopt the following Resolution by title only, title as follows, approving Conditional Use Permit #79-11 subject to the conditions rec- ommended by staff with the change to Condition #5 as recommended by the City Attorney: RESOLUTION NO. 2141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 79-11 - WITH CONDITIONS. -8- City Council Minutes October 9, 1979 The~on 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 AWARD OF CONTRACT FOR ONE 12" BRUSH CHIPPER, REQUEST FOR QUO- TATION #7980-10: The City Manager presented a report from the Finance Director dated October 2 which outlined three bids received. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to accept the bid of FMC Company, 1201 E. Lexington, Pomona, California, as the lowest responsible bidder and award them the contract in the amount of $8,324.28. 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 A STAFF REPORT RE: LIGHTING AT OAK KNOLL PARK: The City Manager presented a report dated October 5 on lighting at Oak Knoll Park which the CoLonel1 requested at their September 17 meeting. The report indicated that the walkway lighting schedule was changed and the lights will be on until 11:00 p.m. rather than 10:30 p.m., and until 1:00 a.m. on the weekend nights. It was moved by Councilman Hudson and seconded by Councilman Lacayo to receive and file the staff report. 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 STREET SWEEPING SERVICES: The City Manager presented a report from the Public Works Director dated October 3 regarding this matter. It was moved by Councilman Lacayo and seconded by Councilman Hudson to authorize a one-month extension of the street sweeping contract with the R. F. Dicksoo Company at the quoted rate of $34.00 per hour, and continue this matter to a workshop session for further consideration. The motion ~Jnanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, ~.lacLain & Rowan None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilman Hudson to approve the Warrant List for Warrants #53068 through #53283 in the total amount of $1,168,981.62. The motion unani- mously 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 EXPENDITURE OF $301,000 IN ADDITIONAL BAlL-OUT FUNDS (SB 31): The City Manager presented a report from the Recreation and Park Director dated September 26 which described eleven recommendations for the use of the SB 31 funds as submitted by the Recreation and Community Services Commission. It was moved by Councilman Hudson and seconded by Councilwoman MacLain to approve the employment of one Maintenance Worker II and five Maintenance Worker I posi- tions and to continue consideration of the remaining ten items to a workshop session. Councilmembers Hudson and MacLain then amended the motion to state that the employment of the six positions shall be on a temporary basis. Councilwoman Evans requested a staff report regarding the employment of the Recreation employees on a contract basis. -9- City Council Minutes October 9, 1979 Following further discussion, Councilman Hudson withdrew his motion. The Council--v agreed to schedule a workshop session on Monday, October 15 at 7:30 p.m. and to continue this matter as well as Item #27, Consideration of Street Sweeping Services, to the October 15 meeting. CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Lacayo and seconded by Councilman Hudson to approve the District Warrant List for Warrants #9667 through #9771 in the total amount of $77,430.01. The motion unanimously carried by the following roil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, ilacLain & Rowan None None CONSIDERATION OF SELECTION OF REPRESENTATIVE TO COUNTY FIRE STUDY COMMITTEE: The City Manager reported that the Orange County League requested a City nomina- tion for a member to serve on the Fire Study Committee. Councilman Hudson indicated he would like to serve on the committee. It was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unani- mously carried to nominate Councilman Hudson as the League's representative to the Orange County Fire Study Committee. ORAL COMMUNICATIONS: The Mayor asked if anyone wished to speak in regard to any matter not on the agenda. No one wished to speak. EXECUTIVE SESSION: Mayor Rowan called an Executive Session at 10:58 p.m. to discuss matters of litigation. The meeting was called back to order at 11:25 p.m. with all Councilmembers present. ADJOURNMENT: It was moved by Councilwoman MacLain, seconded by Councilman Lacayo and unanimously carried to adjourn the meeting at 11:26 p.m. to Monday, October 15, 1979 at 7:30 p.m. in the Administrative Conference Room. ATTEST: ~ITY CLERK OF T~E CI/~Y OF CYPRESS -10-