Minutes 79-11-26~NUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
November 26, 1979
411
The regular meeting of the Cypress City Council was called to order at 6:34 p.m.
on Monday, November 26, 1979 in the Cypress City Council Chambers, 5275 Orange
Avenue, Cypress, California, Mayor Howard Rowan presiding.
PRESENT:
ABSENT:
Councilmembers Evans, Hudson, MacLain and Rowan
Conncilman Lacayo
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City
Attorney, and the following City staff members: Davenport, Duke, Lamm, Morad,
Powell and Schatzeder.
PLEDGE OF ALLEGIANCE: Reporter Pam Lincoln led the pledge to the flag.
Mayor Rowan read a letter from Environmental Management Agency Director Osborne
which transmitted a resolution of commendation for Arthur Schatzeder adopted by
the ()range County Board of Supervisors. The resolution expressed the Board's
appreciation for his eight years of service on the EMA's City Engineers' Flood
Control Advisory Committee.
Mayor Rowan took Item #21 out of order for the benefit of persons in the audience.
(]~NSIDERATION OF A COMMUNICATION FROM MR..JOHN KANEL ON BEHALF OF THE VFW POST
#9847 R~QUESTING THE CITY COUNCIL TO CONSIDER LEASING THE LAND AND FACILITIES
AT THE NORTHWEST CORNER OF MOODY AND CERRITOS TO THE VFW AS A MEETING HALL: The
City Manager presented a report dated November 2] which transmitted the letter
f;-om Mr. Kanel regarding this matter.
Mr..lohn Kane], 5502 Mildred Circle, Cypress, reported the VFW Post's lease
f~r tile building at Valley View and Lincoln will expire in February, 1980 and
the Post is interested in leasing the City property at Cerritos and Moody. He
indi~ated the Post has been unable to find another site elsewhere in the City.
Post Commander Felix Lopez, 5202 Belle, Cypress, and Past Commander Herb Stern,
6751 Yosemite, Buena Park, presented a brief history of Post #9847 and described
tI~eiF past actfvities and accomplishments. They indicated a need for a permanent
facility for their bi-monthly meetings, committee meetings and other social
functions. Tine Post would use the facilities about 10 days per month and would
make the facilities available to other community groups. The speakers indicated
they wou]d llke to negotiate rental of the building owned by the Boys~ Club
a~] that they had plans for future expansion of the facilities. They indicated
that the interior and exterior of the building are in poor shape and the grounds
require maintenance.
Cotincilwoman MacLain invited the VFW representatives to attend the Boys' Club
Board meeting on November 27 to present their request and indicated she felt
their proposal had merit.
It was moved by Councilman Hudson and seconded by Councilwoman Evans to direct
staff to prepare a report for the December 10 meeting outlining the terms of
the lease agreement between the City and Cypress Boys' Club and to notify the
VFW Post #9847 of the terms of the agreement. The motion unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
None
Lacayo
Mayor Rowan announced that it was time to conduct the public hearings but that
Item #25 would be taken out of order for the benefit of persons in the audience.
He opened the following bearings and continued them until after consideration of
Item #25:
City Cotmcil Minutes
November 26, 1979
4~INUATION OF PUBLIC HEARINU RE: AMENDMENT TO THE ZONING ORDINANCE
NO. 79-2 (RESTRICTIONS ON NIGHT-TIME ACTIVITIES AT COMMERCIAL SHOPPING
CENTERS);
CONTINUATION OF PUBLIC HEARINC RE: MODIFICATION TO CONDITIONAL USE
PERMIT NO. 76-7, CYPRESS SKATEWAY, 6143 BALL ROAD, CYPRESS;
PUBLIC HEARING RE: APPL[UAqlON FOR LIVE ENI'ERTAINMENT PERMIT, CASA
BUENA RESTAURANT, 4300 LINEOLN AVENUE, CYPRESS;
PUBLIC HEARING RE: CONDITIONAL USE PEPd'llT NO. 79-I5, LITTLEFIELD*S
RESTAURANT, 6151 BALI, ROAD, UYPRESS (REQUEST TO Al,LOW ON-SITE SALE
OF ALCOHOLIC BEVERAGES)
CONSIDEILATiON OF CYPRESS AFFORDABLE HOb~ OWNERSHIP & REHABILITATION PROGRAM:
The C~t¥ Manager presented a report dated November 21 which transmitted and dis-
cussed the following documents related to the program: a letter from the real
estate research f~rm, Amherst Consulting Company, commenting on the rehabilitation
aspocts of the program; a preliminary ()fficia] Statement; a copy of the Rules and
Regulations for the program; and a proposal from Security Pacific Bank to act as
Trustee. The F~nance Director presented a supp]emental report dated November 26
whi~Th outlined the five responses from potential mortgage lenders. The City
Attorney introduced Messrs. Zelas, Snodgrass, Sollera and Harris, members of the
City's iinancing team.
The Eounci] addressed questions regarding the negative response from Mercury
~vings and Loan to whicb staff r~sponded.
COUNE[L,~[AN LACAYO ARRIVEI) AT 7:15 P.SJ.
methods to accomplish rehabilitation of homes. He indicated that the preliminary
Otl'icial Statement would be pres~n~od for the Council's approval at the December
lO me~ ting. The staff recommended that tho Counc[] approve the Rules and Regul:~-
prop~sa}s would be submitted at t]le I)e/:ember 10 meeting,..
be did not object to the City proceeding with the program but he suggested that
~'oncernlng the program. The staif pointed ~>ut the difficulty of boldil~g such ~
meeting based on the deadline for thc, program and also reported on tbei~ m~etin~;
institutions which had dec~ded n~t t~; participate in the City's program sbou[d
be t'ontacted for a response, without creating a delay in the program.
It was moved by Councilman Hudson and s~'cooded bv Councilwoman MacLain to adopt
the following Resolution by title only, tlt]e as follows, and to defer action <~n
Cbc solo< rion of a Trustee for the rt,s]denti ~1 mortgage linancing program:
RESOI~I!TION NO. ~'159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING RULES AND REGULATIONS REI,ATIN(; ~IO ITS RESIDENTIAL
MORTUAGE FINANCING PROCRAM.
The motion carried by the follow£ng roll cai1 vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
1 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, MacLain & Rowan
Lac~Vo
None
Mr. Scott Sollers of Loeb Rhoades Shearson, underwriting firm for the program,
indicated that expeditious action by the Eouncil was important in order to gain
the maximum time to market the bonds.
-2-
City Council Minutes November 26, 1979
418
ORAL COMMUNICATIONS: Mayor Rowan asked if anyone wished to speak in regard to
any matter which was not on the agenda, No one wished to speak.
CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 79-2
(RESTRICTIONS ON NIGHT-TIME ACTIVITIES AT COMMERCIAL SHOPPING CENTERS): The
City Manager reported that, as a result of polling local businesses on the
proposed amendment, the Chamber of Commerce received a communication from the
John Lusk Company in opposition to the amendment. The Lusk Company felt it
could restrict future commercial growth and that the isolated problem at Albert-
sons should not be addressed with an ordinance. The second communication from
Certified Grocers of California indicated that they have discontinued early
deliveries to the Albertsons store and future deliveries will be after 6:00 a.m.
The letter also indicated that Albertsons' distribution manager had discontinued
night-time deliveries several weeks ago. The Planning Director presented a report
dated November 20 whicb outlined the hours and types of deliveries made to the
four major super markets in Cypress. Staff indicated that more specific restric-
tions on night deliveries, refuse removal and parking lot sweeping could not be
imposed and still be equitable for all shopping centers. Staff recommended that
deliveries to Albertsons occur from Ball Road to the north and south loading docks
of Aibertsons to mitigate one of the major concerns of one of the adjacent home-
Mayor Rowan opened the public hearing and asked if anyone wished to speak in
suppurt of the amendment. No one wished to speak in support. He asked if anyone
wished to speak in opposition.
Mr. Robert Eames, manager of the Chamber of Commerce, reported that following
tl~e last Council meeting the Chamber polled its members, businesses which would
i>e affected by the amendment, street sweepers, trucking firms and supermarkets.
He stated the Chamber opposed the amendment since the problems can be solved by
oti~er means. Mr. Eames reported that one of the truck delivery firms, which was
r~sponsible for some of the complaints, changed their deliveries to Albertsons,
and another delivery firm changed their schedule last week. The president of
Southern California Grocers Association contacted the major markets serving this
area and requested cooperation to prevent incidents in the future which disturb
residents. Mr. Eames stated the Chamber felt that further enforcement activities
would be unnecessary.
Mr. Gene Hassell, of Hassell sweeping service of Long Beach, reported his company
is a small operator and he sweeps the shopping center at Walker and Ball. He
reported they sweep the rear area of the shopping center early in the morning,
from ]:30 to 4:00 a.m., and the ordinance amendment would prevent this. He
reported that in his 10 years of business he has not received any complaints
concerning noise. Mr. Hassell stated that some large sweeping companies will
not sweep early in the morning because of their routing schedules. He felt
t[~ere were no activities occurring at the rear of the Albertsons center which
would prevent the sweeper from sweeping before 10 a.m.
Mr. Vince Hacker of H & R Sweeping Company, the sweeper of the Albertsons center,
reported they generally sweep the center between 4:30 and 6:30 a.m. but after
receiving complaints they now sweep the rear area after 6:00 a.m. and the front
area is swept around 5:00 a.m. Mr. Hacker reported they have resolved problems
in the past by cooperating with homeowners and they were opposed to the proposed
ordinance.
~lr. Hap Holiday, president of Southern California Grocers Association, stated
they represent 1200 stores and 400 companies. He reported that they contacted
Albertsons after hearing about the problems and offered them their assistance.
Mr. Holiday offered the Association's assistance in dealing with any future
problems which may occur.
Mr. Darrell Carlsen, manager of Mervyn's department store, stated his concern
with the proposed amendment was that it could jeopardize the clean appearance
of businesses within the community and be felt problems could be resolved without
the need for an ordinance. He reported that he contacted their delivery firm
who has been cooperative in restricting early morning deliveries. Mr. Carlsen
reported that their street sweeper was notified of the problem and expressed a
-3-
November 26, 1979
desire to cooperate. The sweeper reduced the level of sweeping and also elim-
inated the use of hand blowers. Mr. Carlsen reported that cars are often parked
on their lot before 7:00 a.m. and until 11:00 p.m. which would preclude sweeping.
Mr. Rudy Lloyd, Controller at Hyatt Die Cast, stated the problem appeared to be
an isolated type of incident in a particular area which he did not feel should
be addressed by an ordinance.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated noise pollution is common
to city living and that consideration should be given as to how to eliminate
generators of noise. He suggested that mufflers could be added to sweepers.
Mr. Del Kanode, 5184 Melbourne, Cypress, Vice President of Alpha Beta market,
reported he checked the store files and found that during the ten years of opera-
tion there were no noise related complaints received. He recommended that the
Council wait and see whether the problems at the Albertsons center can be resolved
before adopting the ordinance.
Mr. Holiday of Soutbern California Grocers Association reported that several
of the homeowners adjacent to Albertsons were notified of the changes in the
truck delivery schedules.
It was moved by Councilwoman Evans and seconded by Councilwoman MacLaJn to clo~e
the public hearing, receive and file the report, designate the Chamber of Commerce
to act as a clearinghouse to receive copies of any complaints regarding noise er
objectionable activities at commercial shopping centers, and direct staff to
notify the affected property owners adjacent to Albertsons of the results of the
public hearing and the Council's action. The motion unanimously carried by the
tel]owing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COL~CILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
RECESS: Mayor Rowan called a recess at 8:25 p.m. The meeting was called back
to order at 8:35 p.m. with all Councilmembers present.
CONTINUATION OF PUBLIC HEARINC RE: MODIFICATION TO CONDITIONAL USE PERMIT NO. 76-7,
CYPRESS SKATEWAYm 6143 BALL ROAD: The Planning Director presented a report dated
November 20 ~ndicating the hearing was continued from the November 13 meeting to
allow staff an opportunity to resolve problems relating to traffic and lighting
on the Skateway property. Mr. Lamm reported that a staff member visited the
property which was the source of complaints regarding vehicle glare and staff
contacted the two commercial property owners who agreed to take certain actions
to resolve the problems of vehicle and other lighting glare, vehicle parking and
speeding. Staff recommended that the Council accept the four solutions agreed
to be undertaken by the commercial property o~aers.
Councilman Hudson expressed concern over the free flow of traffic between the
commercial properties and particularly in the Cinnamon Square parking lot and
felt the problem relating to juveniles congregating and speeding in parking lots
could relocate from the shopping center on the south side of Ball Road to this
property. He felt the commercial property owner should be advised of this poten-
tial problem.
Mayor Rowan opened the hearing and asked if anyone wished to speak in favor of
the modification to the use permit.
Mr. Roger Clark, owner of Cypress Skateway, stated he was requesting formal
approval of the extended hours of operation for all night skate-a-thons which
have been in operation for several years. He felt the hours would not introduce
any new problems. Mr. Clark stated the all night skate-a-thons do not create
parking problems since the children are usually dropped off and picked up by
their parents. Mr. Clark described their policy with regard to children attending
the skate-a-thons and stated that 10 years is the minimum age limit. He stated
the skate-a-thons are a popular event and there is much community support. Mr.
Clark reported that most of his contact with parents occurs prior to a skate-a-
then when he responds to parents' questions and concerns about the event. Chief
-4-
City Council Minutes November 26, 1979
415
Duke reported that the curfew does not apply to this event since the juveniles
are in-doors and he reported there were no problems with the previous operation
of the ail-night hours.
Councilman Hudson recommended that a condition of the mo<tification include a
method whereby the Council would retain the right to review the use permit, and
specifically the hours of operation, in the event that problems occur. The City
^ttorney advised that this could be accomplished by either stating in a condition
that the modification and permitted hours will remain in effect for a limited and
~ated perfod of time, for example, one year, and that they will automatically
expire unless renewed by the City Council; or stating that the hours permitted by
the m~dification will be the hours allowed until such time as the Council finds
arid d~termines that those hours adversely affect tile surrounding residents of
adjacent properties, the peace and tranquility of the neighborhood, or the health,
s~fetv and general welfare of the public. He suggested that these terms could
be combined in one condition stating: "The hours of operation as modified will
remsi~ in effect for a period of one year and automatically expire at that point
u~]ess renewed by the City Council provided that, if prior to that time, the
Council should find and determine that [~]e hours as modified result in traffic
o~ noise problems that disturb the peace and tranquility of the adjacent property
owners or otherwise adversely affect the health, safety and general welfare, the
C~un~l ~an require that the applicant revert to the original hours of operation".
Ihe City Attorney stated that renewal of the modified hours can be accomplished
by s~ff bringing the matter before the City Council or through another application
Dy th~ business owner.
i~ response to a question from Councilman Lacavo, Mr. Clark reported they plan
only nine all-night skate-a-thons annually in c~onjunction with holidays and they
te]t expansion of these events might lessen their popularity. Councilman Lacayo
r~'c~mn~ended that a condition be included to require the applicant to notify the
R,iice Department in advance of bo]ding an ail night skating session. The City
,\ttor~ev recommended that the fo]lowing language be add~d to the condition of
~:!>roval for the modification: "provided, however, that prior to tbe conduct of
a~',' ]1] ~Jght skating session the applicant shall provide written notification to
tb~ ~'pre~s Police Department 24 hours in advance".
Rowan asked if anyone wished to speak in opposition to the modification.
Mr. J~e H~rdcastle, 4588 Blanca Drive, Cypress, [¥it c n~;'.d~ration should be
given to the placement of speed bumps since vebic]es traw,!i:~g over them often
~reat~ loud noise.
>~rs. Carol Vogel, 9866 Joe] Circle, Cypress, reported that the lights have been
~l~e]ded and the owner of Cinnamon Square ha~ extended the planting area. She
comp]:imented Mr. Clark's efforts and stated she was satisfied with what has been
done. S,b~~ stated she did not foresee problems if the tow away zone is enf(~rced.
~]be [nd~c~ted she did not favor or oppose tile ~,xtended bouts of operation.
Mayor Rowan stated for the record that the City recefved one letter in opposition
to the modification from Mr. Stanley Slaven, 9822 ,Iuanita, Cypress, who felt a
traffic impact study for the area should be conducted prior to its approval.
There was no one else who wished to speak.
!t was moved by Councilman Hudson and seconded by Councilman Lacayo to close the
?ub]ic hearing and adopt the following Resolution by title only, title as follows,
approving the modification to C.U.P. #76-7 subject to th~ four conditions stated
in the staff report of November 20 and the condition as reconm~ended by the City
Attorney relating to the one year approval period~ the hours of <operation, and
the 24-ho,r advance notice to the Police Department:
RESOLUTION NO. 2160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 76-7 -
WITH CONDITIONS.
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City Council Minutes N~vember 26, 1979
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Evans, Hud~n, La~'ayo, MacLain & Rowan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILM~MBERS: None
PUBLIC HEARING RE: APPLICATION FOR LiVe ENTERTAINMENT PERMIT - CASA BUENA
RESTAURANT~ 4300 LINCOLN AVENUE, CYPRESS: Ti~e City Massager presented a report
dated November 20 indicating the application f~r a liw, entertainment permit
was to allow entertainment by one or two guitar p]ayer~ and up to three maria-
chis on the premises during the bouts of 12:(/0 novon and 2:00 a.m. The Police
Department investigation found no basis ~o pro~st issuance of the permit.
Mayor Rowan opened the hearing and asked if an~,on~, w[sl~.d to speak in support.
Mr. William Earnhart, 4416 Lincoln Plaza Way, Cypress, Ccn~,ral Manager of Casa
Buena Restaurant, reported their business ~z~s inc'r~a~e~l single they were issued
a temporary entertainment permit and th~,v ~aw~ ~ r~ceivc,~] any complaints.
He stated they hope to extend their eve~ing dining,, hours ~f the entertainment
increases their business. He reported tl~e ~lini,~, room presently closes at li:O0
p.m. Sunday through Thursday and at midnight on Fri~J~v ~nd Saturday.
Mayor Rowan asked if anyone else wished to s?e~k in support. No one wished to
speak in support. He asked if anyone w~b~,~i t~ spt~ak in opposition.
Mr. Bill Shelby, 4310 Lincoln Plaza Way, Cvp~-e~, Pr*~i~tent of Lincoln Plaza
Homeowners Association, requested that t}~ I i¥~, entertainment permit be approved
on a temporary basis until the developc, r ~ tl~,, ~'()ndominium project at the rear
drive/fire lane, pedestrian traffic wbi~// i~l r~d~ ~n ti~e, l~esJdential develop-
ment, and construction deficiencies in tbs, ~'~n~b,~n~lnium t~n[ts which the developer has
not yet corrected. Mr. Shelby reported Ll~at t]~, pedestrian traffic problem is
building plans but never constructed. M~. ~l~,lbv aske'd tl~at the entertainment
permit be reviewed at the end of six menth~ t~> ! ~ rmin~, wbat the traffic and
noise impacts will be on the condomluium r~*sJd~,nt~;. ~b(']bv stated that noise
may be different during the summer.
The Council discussed the problems ide~tf~]~d by Ur. S!lelbv and the City's' au'i~-
ority to enforce Vehicle Code provisions on tl~ preperty wi~h regard to tra~fl~
speeding and illegal parking. The City Att~>rn~,v ln~]icat~d }ne would have to resea~
the City's ability to enforce parking restrl~'tl,>~s. }{e inc]i<:ated that the parkin~
problem was not directly related to the ~'n!~ ~ ~[n.~ent permafit based on the fact
that the Council had approved the restau~a~t ~w, lopm~,nl wit[~ tt~ understanding
that adequate parking provisions were made. Coun~'ilman i~a~avo stated he would
request a staff report relative to the prob]em~; identified bY Mr. Shelb¥~.
that Mr. Brown is only one stockholder. Nc, r~,p~rted tt~a~ t~e is a resident of
the condominium project and he has not n~t! ~',! ~raffi~ problems. Mr. Earnhart
reported that a traffic study was made pr~- to develops,cut of the restaurant
and that they exceed the parking requirements by t[~ree p~rk~ng stalis, based on
maximum occupancy of the restaurant.
It was moved by Councilman Hudson and se~onded by (]o~n~'ilman Lacayo to close
the public hearing and approve the l~ve entertainment per~n~t for the Casa Buena
Restaurant for a one year period of time, with the ~ours of entertainment to be
restricted to between 12:00 noon and 2:00 a.m., subject to the condition that
amplified sound is prohibited and subiect to tll~ following condition: The hours
of operation will remain in effect for a period of one year and automatically
expire at that point unless renewed by the City Council provided that, if prior
to that time, the Council should find and determine that the hours of operation
result in traffic or noise problems that disturb the peace and tranquility of
the adjacent property owners or otherwise adversely affect the health, safety
City Council Minutes November 26, 1979
and general welfare, the Council may revoke the live entertainment permit.
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
It was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unani-
mously carried to request the staff to contact the Lincoln Plaza Homeowners
Association and obtain their input on the problems relating to the development
and that staff prepare a report to the City Council. Councilman Hudson advised
Mr. Shelby of the City's petition ordinance in the event he wished to circulate
a petition among the homeowners.
RECESS: Mayor Rowan called a recess at 9:52 p.m. The meeting was called back
to order at 10:01 p.m. with all Councilmembers present.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-15, LITTLEFIELD'S RESTAURANT,
6151 BALL ROAD~ CYPRESS (REQUEST TO ALLOW ON-SITE SALE OF ALCOHOLIC BEVERAGES):
Mayor Rowan announced that the applicant and Planning Director had requested that
the hearing be continued to the December 10 meeting.
It was moved by Councilwoman MacLain, seconded by Councilman Lacayo and unani-
mously carried to continue the public bearing regarding Conditional Use Permit
#79-15 to the December 10 meeting.
EXECUTIVE SESSION: Mayor Rowan called an Executive Session at 10:02 p.m. to
d~scuss matters pertaining to litigation. The meeting was called back to order
at 10:14 p.m. with all Councilmembers present.
MINUTES: It was moved by Councilman Hudson, seconded by Councilwoman Evans and
unanimously carried to approve the minutes of November 13.
STAFF REPORTS & DISCUSSION: Hearing no objections, Mayor Rowan added Item #3a
to the Consent Calendar regarding a Resolution of Commendation for Eagle Scout
Stewart Crowder. In regard to Item #14 on the Consent Calendar regarding the
Peripheral Canal Legislation, Mayor Rowan stated he would prepare letters re-
questing support for the legislation to the League of California Cities and to
the appropriate State Legislators.
CONSIDERATION OF AWARD OF CONTRACT FOR THE IMPROVEMENTS OF CERRITOS AVENUF.
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
FROM THE STANTON CHANNEL TO SOUTH CITY LIMITS~ CITY OF CYPRESS PROJECT #7857-10:
The City Manager presented a report from the Public Works Director dated November
20 which outlined four bids received for the project for both a main and alternate
proposal.
]t was moved by Councilman Hudson and seconded by Councilwoman MacLain to: (1)
determine that the lowest responsible bidder for Project #7857-10 is Dyno Con-
struction Company, 16731 E. Arrow Highway, Azusa, California, and award them the
contract for the Cerritos Avenue Bikeway for the Main Proposal in the amount of
$30,495.80; and (2) authorize a budget transfer from the Gas Tax (2106) Fund
and appropriate $6,700.00 from the fund balance of the Gas Tax (2106) Fund to
Account #10-4186-487.26. The motion unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILM~MBERS:
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. No
Councilmember wished to remove an item from the Consent Calendar.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to
approve Items #2 through #14 on the Consent Calendar. The motion unanimously
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C i ty Co~ar~c~,l Minutes
November 26, 1979
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
Item #2: Motion to Introduce and/or Adopt All Ordinances Presented for Consid-
eration by Title Only, and to Waive Further Reading.
Item #3: Consideration of Resolution Commending Eagle Scout Richard Wight.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
C~IMENDING BOY SCOUT RICHARD WIGHT ON ACHIEVING THE RANK
OF EAGLE SCOUT.
Item #3a: Consideration of Resolution Commending Eagle Scout Stewart Crowder.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COM~NDING BOY SCOUT STEWART CROWDER ON ACHIEVING THE
P~kNK OF EAGLE SCOUT.
Item #4: Consideration of Request to Proclaim December 2-8, 1979 as Lungs for
Life Week.
Recommendation: That the Mayor and City Council officially proclaim the period
of December 2-8, 1979, as "Lungs for Life Week" in the City of Cypress as requested.
Item #5: Consideration of Application for Transt~,r of an On-Sale General (Bona
Fide Public Eating Place) Alcoholic Beverage License Eiled by Mrs. Mildred N.
Vessels, DBA Southern California Concessions, Inc., 5001 Katella Avenue, Cypress.
Recommendation: Receive and file.
Item #6: Consideration of Acceptance of Improvements and Release of Bonds for
Tracts #10049 and #10177, North Side of Katella Avenue Between Knott Street and
1000' West of Holder Street.
Recommendation: That the City Council: (1) accept the public improvements in
Tracts #10049 and #10177 as being satisfactorily completed in accordance with
the Plans and Specifications and authorize the City Clerk to release the Monumen-
tation Bonds and the Labor and Material Bonds upon expiration of their required
lien period, providing no mechanic liens are filed with the Performance Bonds
to be held for one year from the date of acceptance to guarantee against any
defects in material or workmanship; (2) approve the reduction of the public
improvement bonds in Tract #10049 to $46,600.00; and (3) approve the reduction
of the public improvement bonds in Tract #10177 to $39,000.00.
Item #7: Consideration of Reimbursement for Emergency Costs on Cerritos Avenue
and Ball Road, Project #7937-50.
Recommendation: That the City Council approve Supplement #3 to Local Agency-
State Agreement #07-5330 and authorize the Mayor to sign and the City Clerk to
attest.
Item #8: Consideration of Annual Arterial Highway Financing Program.
Recommendation: That the City Council adopt the following Resolutions by title
only, titles as follows, for each of the following projects requesting inclusion
in the 1980/81 Fiscal Year Arterial Highway Financing Program:
-8-
olty Council Minutes November 26, 1979
RESOLUTION NO. 2163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REQUESTING THE COUNTY OF ORANGE TO iNCLUDE WITHIN THE
ARTERIAL HIGHWAY FINANCINC PROGRAM THE DEVELOPMENT OF
BALL ROAD FROM DENNI STREET TO MOODY STREET.
RESOLUTION NO. 2164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE
ARTERIAL HIGHWAY FINANCING PROGR~MM THE DEVELOPMENT OF
CERRITOS AVENUE FROM WALKER STREET TO 600' EAST OF
VALLEY VIEW STREET.
Item #9: Consideration of a Reduction in Bond to Guarantee Improvements -
Northeast Corner of Valley View and Katella, Parcel Map #78-1, Project #7850-10.
Recommendation: That the City Council: (1) accept the public improvements con-
structed as required for Parcel Map #78-1 as satisfactory and authorize a reduc-
tion in the Certificate of Deposit to 10% of the original amount; and (2) require
the developer to submit a $20,500.00 cash deposit to cover the final two inches
of pavement on Valley View~
Item #i0: Consideration of Revision of Athletic Facility Use Fees.
Recommendation: That the City Council, acting as the ex officio governing Board
of Directors of the Cypress Recreation & Park District, ratify the Recreation &
Community Services Commission's recommendation to adopt the staff's recormnendation
that all existing athletic facility use fees be waived through June 1980 with the
exceptimn of lighting costs and for labor ~:onsJdered to be above and beyond the
~:o:mal n~a~ntenance, and that this recomm~mdation take effect immediately.
Consideration of Correctfon of Drainage at Oak Knoll Park.
Recormnendation: That the City Lo' until,' acting as the ex officio governing Board
o: 1)itectors of the Cypress Recreation & Park District, appropriate $17,000 of
ti=e SB 31 bail out funds to correct the dr.:~5nage at Oak Knoll Park as described
i~ the staff report dated November 20.
item ?ii12: Consideration of New Street Sweeping Schedule.
Recommendation: That the City Council approve thc new five (5) day street
sweeping schedule to be effective February 1980.
Item ~t13: Consideration of Orange County Risk Management Authority Joint Powers
Agreement and Bylaws Revisions.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CERTAIN MODIFICATIONS TO TI~E JOINT POWERS
AGREEMENT AND RELATED BYLAWS FOR THE ORANGE COUNTY
CITIES RISK MANAGEMENT AUTHORITY.
Item #14: Consideration of a Resolution Supporting the Peripheral Canal Legis-
lation, S.B. 2OO~ as Amended May 7, 1979.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPPORTING THE PERIPHERAL CANAL LEGISLATION, SENATE BILL
200, AS A_MENDED MAY 7, 1979.
-9-
City Cotmcil Minutes November 26, 1979
CONTINUATION OF CONSIDERATION OF RECREATION & COMMUNITY SERVICES COMMISSION
APPOINTMENTS: The City Manager presented a report dated November 21 which con-
tained a tabulation of the Council's nominations to the Commission.
It was moved by Councilwoman MacLain and seconded by Councilman Hudson to unani-
mously appoint Mr. Alvin Weinberg, Ms. Lucile Levv, Mrs. Jeanne Hawkins and Ms.
Jo Redmon to fill the vacancies on the Recreation and Community Services Commission.
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
CONTINUATION OF CONSIDERATION OF STATUS OF INVESTIGATION INTO USE OF "FIRE
RETARDANT" ROOF MATERIALS: The City Manager presented a report regarding this
matter from the Public Works Director dated November 20. Staff indicated that
fire retardant roofing materials could be required, through an ordinance, for
new residential construction, but enforcement problems would exist with re-roofing
situations since it would be difficult to req/~ire homeowners to obtain a roofing
permit prior to re-roofing. Staff indlcated that the fire retardant materials
requirement could be included as an amendment to the Building Code.
Councilman Hudson requested that staff further investigate the availability and
cost factors of commercial fire ~etardant roofing materials which could be applied
to residential development. He also requested that staff investigate and report
back on the issue of whether re-roofing would generate a reassessment of the
dwelling, which might discourage homeowners trom obtaining the necessary roofing
permit. He felt if the permit resulted ~n a reassessment, the City could consider
other means to regulate the public safety a~d avoid the taxing problem. Councilman
Hudson also requested that staff check with ins~rance companies to determine if
homeowners would receive any benefit as a resedit of re-roofing their dwelling.
Councilman Lacayo recommended that the (]itv include in a future newsletter infor-
mation relative to fire detectors and also r~mind homeowners to reevaluate their
fire insurance to determine if it is adequate, as part of an overall article on
fire dangers.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cvpress~ reported that a neighbor who
experienced a fire during the fourth of July hope's t.~ be back in his home by
Christmas and has had to rent another dwelling at considerab]e expense. He
stressed the importance of fire insurance.
Mayor Rowan asked that staff investigate the use of water heaters and whethe~
there is a requirement that they be above ~he floor level. Councilman Hud~on
suggested that the building permit might be redesignated as a replacement permit.
He requested that staff investigate whether a home which is completely destroyed
by fire would be subject to reappraisal. Thc, i~uncil accepted the status report
and requested that the items discussed be ~nciuded in staff's continuing study.
CONSIDERATION OF TENTATIVE PARCEL MAP NO. 79-1157, CYPRESS LAND COMPANY~ SOUTH
SIDE OF KATELLA AVENUE BETWEEN VALLEY VIEW STREET AND KNOTT STREET: The City
Manager presented a report from the Planning Director dated November 19 which
indicated the tentative parcel map proposed the division of two existing parcels
into four parcels zoned for industrial uses, excluding a 40 acre parcel o~ed by
Mr. Louis Warschaw at Knott and Kate]la Aven~e. The subdivision would allow for
the retention of Parcels 1 and 4 for future development and for the future sale
of Parcels 2 and 3. Staff recommended approval of the map subject to 13 conditions;
one condition required submittal of a specific master plan for the property which
would provide the City w~th control in determining future land use allocations,
street rights-of-way and a buffer zone between the industrial property and
residential tracts to the south. The Public Works Director presented a report
dated November 26 which recommended an addition to Condition #2D which would
require the developer to post a cash bond in the amount of $19,000 to cover one-
third of the cost of the traffic signal at the intersection of Katella and
Holder Street.
It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to adopt
the following Resolution by title only, title as follows:
-10-
City Council Minutes - ~-~ve~er 36, 1979
RESOLUTION NO. 2167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE PARCEL MAP NO. 79-1157 - WITH 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
CONSIDERATION OF CITY COUNCIL APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL
DISTRICT: The City Manager presented a report dated November 21 indicating
that Councilwoman MacLain's term expires on December 31 and the District re-
quested that Councilwoman MacLain or a successor be appointed for a two year
term of office which will expire on December 31, 1981.
It was moved by Councilman Lacayo and seconded by Councilman Hudson to reappoint
Councilwoman MacLain to the Orange County Vector Control District. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEb~ERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
CONSIDERATION OF SURVEY OF RECREATIONAL VEHICLE PARKING ORDINANCE: The Planning
Director presented a report dated November 16 which transmitted the results of
staff's survey of the recreational vehicle parking ordinances of surrounding
cities. Staff felt that Cypress' ordinance was as restrictive as most of the
cities surveyed.
it was moved by Councilman Hudson and seconded by Councilwoman MacLain to receive
and file the staff report.
Councilwoman Evans stated she favored initiating an amendment to the Zoning
Ordinance to require stricter RV parking regulations which would prohibit parking
within the front 20 foot setback and require five foot setbacks from the property
lines. She felt stricter regulations would encourage RV owners to store their
vehicles in RV storage lots.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
1 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Hudson, Lacayo, MacLain & Rowan
Evans
None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Council-
man Lacayo and seconded by Councilwoman MacLaJn to approve the Warrant List for
Warrants #53601 through #53720 in the total amount of $581,008.07. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILM~MBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
SECOND READING OF ORDINANCE AMENDING SECTION 11.1 OF ORDINANCE NO. 640, THE
ZONING ORDINANCE, REQUIRING A CONDITIONAL USE PERMIT FOR LARGE INDUSTRIAL DEVEL-
OPMENTS: It was moved by Councilwoman MacLain and seconded by Mayor Rowan to
order the following Ordinance read by title only, title as follows, and to adopt
the Ordinance:
ORDINANCE NO. 649
AN ORDINANCE OF THE CItY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 11.1 OF ORDINANCE NO. 640, THE ZONING
ORDINANCE OF THE CITY OF CYPRESS, REQUIRING A CONDITIONAL
USE PERMIT FOR LARGE INDUSTRIAL DEVELOPMENTS.
-11-
City ~1 Minutes November 26, 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
SECOND READING OF ORDINANCE PROVIDING FOR AN AFFORDABLE HOME OWNERSHIP & REHAB-
ILITATION PROGRAM AND FOR THE ISSUANCE OF RESIDENTIAL MORTGAGE REVENUE BONDS:
It was moved by Councilwoman MacLain and seconded by Mayor Rowan to order the
following Ordinance read by title only, title as follows, and to adopt the
Ordinance:
ORDINANCE NO. 650
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
PROVIDING FOR AN AFFORDABLE NOME OWNERSHIP AND REHABILI-
TATION PROGRAM AND FOR THE ISSUANCE OF RESIDENTIAL
MORTGAGE REVENUE BONDS IN CONNECTION WITH SAID PROGRAM.
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 D~rectors of the Cypress Recreation
and Park District, it was moved by Councilman Lacayo and seconded by Council-
woman MacLain to approve the District Warrant List for Warrants #9909 through
#9932 in the total amount of $61,991.36. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COb~CILMEMBERS:
0 COUNCILMEN~ERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
ORAL COMMUNICATIONS: There were no oral con~.~n~cations presented at this time.
ADJOURNb~NT: It was moved by Councilwoman MacLain, set~onded by Councilman
Laca¥o and unanimously carried to adjourn the meeting at 11:06 p.m.
ATTEST:
CITY CLERK OF THE OF CYPRESS
-12-