Minutes 80-01-14MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
January 14, 1980
The regular meeting of the Cypress City Council was called to order at 6:36 p.m.
on Monday, January 14, 1980 in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Howard Rowan presiding.
PRESENT:
ABSENT:
Councilmembers Evans, Hudson, Lacayo and Rowan
Councilwoman ~cLain
Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy,
and the following City staff members: DeCarlo, Davenport, Duke, Lamm, Powell and
Schatzeder.
PLEDGE OF ALLEGIANCE: Mr. Felix Lopez led the pledge of allegiance.
ORAL COMMUNICATIONS: Mayor Rowan asked if anyone wished to address the Council
in regard to any matter which was not on the agenda.
Mr. Ron Nix, attorney, requested that Item #9 be removed from the Consent Calendar
for separate discussion. The City Manager indicated that staff recommended changes
to Items #9 and 17 on the Consent Calendar. Hearing no objections, Mayor Rowan
removed Items #9 and 17 from the Consent Calendar.
COUNCILWOMAN MACLAIN ARRIVED AT 6:39 P.M.
PRESENTATION: Mayor Rowan read and presented a resolution of commendation to
Michael Warga who won the VFW Post 9847 "Voice of Democracy" Essay Contest and the
Orange County District finals and who will represent the District in Sacramento
in February.
Mayor Rowan took Item #40 out of order for the benefit of persons in the audience.
CONTINUATION OF CONSIDERATION OF MORTGAGE REVENUE BONDg: The City Manager presented
a report regarding this matter dated January 10. The City Attorney reported that
today the participating mortgage lenders and the underwriter submitted the necessary
documents and cash guarantees for the program. He summarized various revisions
which were made to the Resolution of Issuance.
It was moved by Councilman Hudson and seconded by Councilwoman MacLain to adopt
the following Resolutions by title only, titles as follows:
RESOLUTION NO. 2180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING THE ISSUANCE OF SINGLE FAMILY RESIDENTIAL
MORTGAGE REVENUE BONDS, ISSUE OF 1980.
RESOLUTION NO. 2181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDED RULES AND REGULATIONS, MORTGAGE LOAN
PURCHASE AGREEmeNTS, SELLERSt GUIDE, SERVICING AGREEMENTS,
SERVICERS' GUIDE, AND OFFICIAL STATEMENT FOR THE RESIDENTIAL
MORTGAGE FINANCING PROGRAM OF THE CITY OF CYPRESS.
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
City Council Minutes January 14, 1980
The City Attorney introduced Messrs. Sollers,
financial team.
Snodgrass and Zelles of the City's
Mr. Lou Santo, 4597 Everest, Cypress, addressed questions regarding the program
relating to the minimum income for participants and safeguards against speculative
homebuyers.
Mr. Scott Sollers of Loeb, Rhoades Shearson, the underwriter, reported that out
of 25 municipal bond issues in the State Cypress received the highest rating given
by Moody and Standard and Poors and this could be attributed to staff's efforts and
fact that the City is well planned.
Mr. Herman Zelas of Stone and Youngberg, the financial consultant, stated they felt
the City's program was an outstanding one and the bond program was accomplished in
an inordinately short period of time.
Mayor Rowan announced that it was time to conduct the public hearings. He opened
the following hearings and continued them until later:
Continuation of Public Hearing Re: Conditional Use Permit #79-15, Littlef~eld's
Restaurant, 6151 Ball Road (On-site Sale of Beer & Wine);
Continuation of Public Hearing Re: Conditional Use Permit #79-16, Child
Day Care Center, Lincoln/Moody Apartment Complex, 9090 Moody Street;
Public Hearing Re: Conditional Use Permit #79-17, Commercial/retail and
light industrial complex at 5241-51 Lincoln Avenue;
Public Hearing Re: Conditional Use Permit #79-18, Villa Mexican Restaurant,
6197 Ball Road (On-site Sale of Alcoholic Beverages);
Public Hearing Re: Conditional Use Permit #79-19, Kentucky Fried Chicken
Restaurant, 9041 Valley View Street.
Hearing no objections, Mayor Rowan took Item #39 out of order.
CONTINUATION OF CONSIDERATION OF LEASE BETWEEN THE CITY AND THE CYPRESS BOYS'
CLUB FOR THE LAND AND BUILDING AT THE NORTHWEST CORNER OF MOODY & CERRITOS: The
City Manager presented a report dated January 11 which responded to questions
raised at the December 10 Council meeting.
Ms. Toni Lewis, Program Director of the Cypress Boys' Club, reported that 40 boys
participate daily, four days a week, in the wrestling program in the building and
the same number participate at the site in the basketball program. She indicated
the wrestling program is conducted from 4:00 to 7:00 p.m., Monday, Tuesday, Thursday
and Friday.
Mr. Herb Stern, 6751 Yosemite, Buena Park, past commander of VFW Post 9847, reported
the VFW holds meetings on the second and fourth Monday of the month from 8:00 to
about 10:30 p.m., and also conducts other meetings.
The City Manager reported that the Executive Director of the Boys' Club had offered
to end the wrestling program early on the nights the VFW wishes to use the building
and the building would be available to the VFW on weekends and Wednesday night.
Mr. John Kanel, 5502 Mildred, Cypress, representing the VFW, indicated that joint
use of the facility is infeasible since equipment used in the wrestling program is
incompatible with the VFW's use of the building. He indicated the VFW was requesting
to become the main lessee of the property and they proposed to expand the building,
add kitchen facilities and make the building available to other community groups.
Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, representing American Legion Post
#295, reported the Legion adopted a resolution urging the Council to assist the
VFW in finding a meeting location.
Mr. Herb Stern asked that the VFW be considered as a lessee in the future when the
Boys' Club vacates the premises. He felt joint use would be incompatible since the
VFW has a large display of flags and weapons and tables and chairs requiring storage.
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City Council Minutes January 14, 1980
Mr. Stern stated the VFW hsd the ability to renovate the building interior and ex-
terior, bring the building up to code, maintain the grounds, and install a modular
building if the existing building is removed from the property. Mr. Stern
reported the VFW had investigated commercial rental space and the rates were
unaffordable. He also indicated that the VFW and American Legion would be
incompatible co-tenants.
Mr. A1 Troncone, 5427 Oxford, Cypress, felt the Boys' Club was a worthwhile youth
organization and should not be displaced from the building. He felt more effort
should be made by the VFW to find a meeting place.
Mr. Hilliard Warren, 5275 Vista Real, Cypress, stated the Boys' Club had no other
location to relocate their building, and they were requesting a year's renewal of
their lease. He felt the Club could not afford to lease a school site. He indi-
cated the Club would bring the building at Cerritos and Moody up to standards.
Councilman Hudson felt the Council should evaluate all City-owned property in terms
of meeting total community needs and perhaps consider sale of the Moody/Cerritos
property and having the Boys' Club relocate their building. He stated he favored
monthly extensions of the Boys' Club lease. Councilwoman Evans suggested that the
VFW consider the Boys' Club building as an interim meeting place. She supported
extension of the Boys' Club lease on a month to month basis and felt the Boys'
Club should be required to upgrade the building and property.
Councilwoman Evans moved to extend the Boys' Club lease for a period of six months,
require that they correct deficiencies in the building and that they allow the VFW
use of the building, and direct the staff to prepare a report outlining what improve-
ments are necessary. The motion was not seconded.
Mr. John Kanel felt the Boys' Club should abide by their lease and upgrade and
maintain the building and property. He suggested a review of the Boys' Club
schedule of activities to determine if the building could be made available to
other community groups.
It was moved by Councilman Hudson and seconded by Councilman Lacayo to approve a
one month extension of the Boys' Club lease to expire February 29, 1980 and to
schedule a work session with the Boys' Club Board of Directors to arrive at a long-
term solution for the property. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Evans, Hudson, Lacayo & Rowan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINING: 1 COUNCILMEMBERS: MacLain
Councilwoman MacLain abstained since she is a member of the Boys' Club Board of
Directors.
The Council requested that staff prepare a report on all City-owned property for
the workshop meeting.
RECESS: Mayor Rowan called a recess at 7:56 p.m. The meeting was called back to
order at 8:06 p.m. with all Councilmembers present.
Hearing no objections, Mayor Rowan took Item #42 out of order.
CONSIDERATION OF A REPORT ON_RESTRICTING THE SALE AND DISPLAY OF DRUG PARAPHERNALIA:
The City Manager presented a report dated January 11 indicating Councilwoman Evans
requested this item on the agenda. The report outlined other cities' actions with
regard to the control of drug paraphernalia. The City Manager reported that State
legislation had been introduced on this issue.
It was moved by Councilman Lacayo and seconded by Councilwoman Evans to direct the
City Attorney to draft an ordinance restricting the sale and display of drug para=
phernalia and direct the staff to prepare a resolution to be transmitted with the
ordinance to the Orange County League to seek support and similar action.
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City Council Minutes
January 14, 1980
437
Councilman Hudson indicated he did not wish to enact an ordinance which is subject
to litigation and felt it would be more advantageous to support other cities in
their lawsuits. The Mayor indicated that adoption of the ordinance could be held
in abeyance pending resolution of the litigation. The City Attorney commented on
the status of various litigation on this matter and stated he would research and
report on the proposed State legislation.
The following persons spoke in support of the Council's adoption of the ordinance:
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress
Mrs. Loretta Callender, 9408 Danbury, Cypress
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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT #79-15, LITTLEFIELD'S
RESTAURANT~ 6151 BALL ROAD (ON-SITE SALE OF BEER & WINE): The City Manager pre-
sented a report from the Planning Director dated December 27 indicating that the
property owner had withdrawn his authorization for the use permit application.
Staff recommended that the application be received and filed.
Mayor Rowan reopened the public hearing. There were no persons in the audience
who wished to speak on this matter.
It was moved by Councilman Lacayo
withdrawal of the application for
The motion unanimously carried by
and seconded by Councilwoman MacLain to approve
Conditional Use Permit #79-15 without prejudice.
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT #79-16~ CHILD DAY CARE
CENTER, LINCOLN/MOODY APART}~NT COMPLEX~ 9090 MOODY STREET: The Planning Director
presented a report dated January 7 indicating that tenants of the complex were
notified of this continued hearing and staff received no communications. He
reported that, to comply with an original use permit condition, the property mana-
ger is in the process of installing second floor window screens.
Mayor Rowan opened the hearing and asked for speakers in support of the application.
Mr. and Mrs. John Evans, 2528 W. 227th Street, Torrance, the applicants, reported
that one-third of the tenants responded to their poll and 37 favored the child
care center, with 3 opposed. Mr. Evans requested that the 25% restriction on
outside tenants be removed and stated the center needs maximum occupancy to be
successful.
Ms. Leah Strozen, 2757 Seal Hunt, Los Angeles, representing California Southwest
Management, the p~operty manager, reported that window screens have been purchased
and are ready to be inatalled. She indicated that the day care center lease would
be rent free for the first three years. She indicated that the interior space
had been unused and the manager wished to utilize the space for the best interests
of the tenants. She stated they are prepared to create other outdoor play areas
such as in the planter areas. Ms. Strozen reported that the center's lease provides
that the tenants have first priority.
Councilwoman Evans stated that she was absent at the last hearing on this matter
and would abstain from voting.
Ms. Strozen responded to questions from the Council. She indicated that residents
are adviaed in advance when repairs will be made to the heating system and repairs
are usually made during the night when the water must be shut off. She reported
that bug exterminating service is provided once a month.
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City Council Minutes January 14, 1980
4~ayor Rowan asked if anyone wished to speak in opposition to the application.
No one wished to speak in opposition. He asked if anyone else wished to speak.
Mr. Bob Thomas, 6596 Southampton, Cypress, stated he did not support the 25%
restriction on outside tenants to whom he felt the day care center services
should be available.
Councilman Lacayo inquired if the Council had the ability to review the use permit
if problems arise. The City Attorney recommended the following condition: the
conditional use permit shall remain in effect for a period to be determined by
the City Council, provided, however, that if the Council determines prior to
its expiration that the operation is detrimental to the apartment complex,
its residents, or surrounding properties the Council may revoke the conditional
use permit. Councilman Lacayo requested that this be included as a condition
of approval and suggested that approval of the permit be granted for three years.
Councilman Lacayo moved to close the public hearing and approve the conditional
use permit subject to the eleven conditions recommended by staff. Councilwoman
MacLain inquired about the 25% restriction and suggested that it be deleted.
Councilman Lacayo withdrew his motion.
Councilman Hudson expressed concern about lessening the standards for such uses
and felt the Council should examine the criteria for development.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close
the public hearing and adopt the following Resolution by title only, title as
follows, approving Conditional Use Permit #79-16 subject to the 11 conditions
recommended by staff, with the deletion of the 25% restriction in Condition #5
and with Condition #11 providing for a one year approval period:
RESOLUTION NO. 2182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 79-16 - WITH CONDITIONS.
Councilman Hudson stated he would not support the motion since the use was proposed
in an area not zoned for that purpose and he felt other day care center operators
were placed at a competitive disadvantage. He suggested that the Council evaluate
the development criteria for such developments to determine if they presently are
too s~ringent.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, MacLain & Rowan
NOES: 1 COUNCILMEMBERS: Hudson
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINING: 1 COUNCILMEMBERS: Evans
Councilwoman Evans stated she shared Councilman Hudson's concerns and noted that
without a restriction on non-tenant use the day care center could be totally
occupied by non-apartment residents.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #79-17, CO~fi~ERCIAL/RETAIL AND LIGHT
INDUSTRIAL COMPLEX AT 5241-51 LINCOLN AVENUE: The Planning Director presented a
report dated January 8 describing the application to construct a commercial/retail
and light industrial complex in the CH-10,000/LC Commercial Heavy/Lincoln Avenue
Combining Zone. He presented the plot plan and elevations. Mr. Lamm outlined
changes to Conditions #7 and 15 recommended by staff relating to the requirement
for a parcel map and to payment of one-half the cost of street and sewer improve-
ments.
Mayor Rowan opened the public hearing and asked if the applicant wished to speak.
Mr. Jim Moffett, 1224 Village Way, Santa Aha, representing the architect, stated
the property owner agrees to all conditions of approval including the modifications.
Mayor Rowan asked if anyone wished to speak in opposit~ion to the application. No
one wished to speak in opposition.
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City Council Minutes
January 14, 1980
It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to ~
the public hearing and adopt the following Resolution by title only, title as
follows, approving Conditional Use Permit #79-17 subject to the conditions as
recommended by staff, and approving the sideyard setback variance in accordance
with findings A, D and E of Section 17.3-7 of the Zoning Ordinance:
RESOLUTION NO. 2183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 79-17 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COI~CILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #79-18~ VILLA M~XICAN RESTAURANT~
6197 BALL ROAD (ON-SITE SALE OF ALCOHOLIC BEVERAGES): The Planning Director
presented a report dated December 27 which described the application to allow
the on-site sale of alcoholic beverages (general liquor license) at the V~lla
Mexican Restaurant located in the Cinnamon Square Shopping Center at Ball Road and
Juanita Street. Staff recommended approval of the application subject to three
conditions.
Mayor Rowan opened the hearing and asked if the applicant wished to speak.
Mr. Gary Folgner, 34311 S. Coast Highway, Dana Point, indicated he would respond
to questions from the Council.
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 Councilman Lacayo to close the
hearing and adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 2184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 79-18 - 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
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #79-19, KENTUCKY FRIED CHICKEN REST-
AURANT~ 9041 VALLEY VIEW STREET: The Planning Director presented a report dated
January 7 describing the application to install a vehicle drive-thru service at
the existing Kentucky Fried Chicken Restaurant at 9041 Valley View. Included in
the application request is a variance to allow retention of the existing non-
conforming pole sign which rotates, blinks, and exceeds the 25 foot high Sign
Ordinance height limitation by 27 feet. Staff recommended approval of the appli-
cation subject to five conditions; Condition #4 requiring that the existing
signing be modified to conform with present Zoning Ordinance requirements.
Mayor Rowan opened the hearing and asked if the applicant wished to speak.
Mr. Ed Sheldrake, 13729 Carmenita, Santa Fe Springs, the applicant, stated they
are requesting drive-thru service as a convenience for customers and to remain
competitive. He requested that the store be able to maintain the pole sign topped
by the bucket which is a nationally recognized trademark of Kentucky Fried Chicken.
Mr. Sheldrake reported that the company instituted a new signing program
which led to declined sales and the company is now replacing the bucket on
their signs. Mr. Sheldrake felt the existing pole sign was needed to compete
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City Council Minutes
January 14, 1980
with other signs and telephone poles nearby. He stated the applicant would
agree to remove other signs from the building, eliminate the rotating and
blinking features and lower the bucket pole sign height.
Councilman Hudson pointed out that the KFC store driveway is difficult to locate
by motorists, access to the store is limited to southbound Valley View traffic and
he felt the existing signing aids traffic flow at the site. He further indicated
that KFC signing must compete with other non-conforming signing at Valley View and
Lincoln, the bucket is a necessary identification of KFC, the sign is not offen-
sive and is appropriate based on the site characteristics. Councilwoman MacLsin
felt the bucket was less objectionable than the blinking arrow sign. Councilmembers
Evans and Lacayo felt the signing should conform to the Sign Ordinance.
Mayor Rowan asked if anyone wished to speak in support of the application.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, spoke in support of the pole sign
with a bucket and felt it helped identify the store location and was necessary
because of the sign competition nearby. He also supported the drive-thru service.
Mr. Bob Thomas, 6596 Southampton, Cypress, asked that the Council not deny the
KFC bucket sign which is a world renowned trademark.
Mayor Rowan asked if anyone wished to speak in opposition to the application.
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, approving Conditional Use Permit #79-19 subject to the conditions recom-
mended by staff with the deletion of Condition #4:
RESOLUTION NO. 2185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 79-19 - WITH CONDITIONS.
Councilman Lacayo stated he would support the motion but he requested that the
Council consider implementing the Sign Ordinance and amortizing non-conforming
signs. Councilman Hudson felt the Sign Ordinance presented too narrow standards
and did not allow flexibility to deal with exceptional or unique circumstances.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Hudson, Lacayo, MacLain & Rowan
NOES: 1 COUNCILMEMBERS: Evans
ABSENT: 0 COUNCILMEMBERS: None
Councilman Lacayo requested that the matter of non-conforming signs be placed on
the agenda for the next regular Council meeting.
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. Councilwoman Evans
requested that Item #22 be removed from the Consent Calendar. The City Manager
recommended changes to the recommendations for Items #9 and #17.
It was moved by Councilman Hudson and seconded by Councilman Lacayo to approve
Items #4 through #32 on the Consent Calendar, with the exception of Item #22 and
with the changes to Items #9 and 17 recormmended by staff. 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 Considera-
tion by Title Only and to Waive Further Reading.
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City Council Minutes January 14, 1980
44i
Item #5: Consideration of Request to Proclaim the Week'of February 3-9, 1980 as
Children's Dental Health Week.
Recommendation: That the Mayor and City Council officially proclaim the week of
February 3 through 9, 1980 as "Children's Dental Health Week" in the City of Cypress
as requested by the Orange County Dental Society, Inc.
Item #6: Consideration of Communication Requesting Proclairming Army National
Guard and Army Reserve Weeko
Recommendation: That the Mayor and City Council officially proclaim the week of
February 11, 1980 as "Army National Guard and Army Reserve Week" in the City of
Cypress.
Item #7: Consideration of Request Proclaiming March, 1980 as Census Month.
Recommendation: That the Mayor and City Council officially proclaim the month
of March, 1980 as "Census Month" in the City of Cypress.
Item #8: Consideration of Proclaiming the Week of March 9-16, 1980 as Handicapped
Awareness Week.
Recommendation: That the Mayor and City Council officially proclaim the week of
March 9-16, 1980 as "Handicapped Awareness Week" in the City of Cypress as requested
by the Dayle Mclntosh Center.
Item #9: Consideration of Claim Filed by Mr. Gary L. Jewell.
Recommendation: That the City Council officially deny the subject claim and refer
it to the City's Claim Adjuster, Carl Warren & Company, for appropriate disposition.
Item #10: Consideration of Application for Transfer of an On-Sale General Alco-
holic Beverage License Filed by Jeff and Suzanne Ting Chang, DBA China Garden,
4756 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item #11: Consideration of Application for Transfer of an Off-Sale Beer & Wine
Alcoholic Beverage License Filed by Hak Young Klm, DBA Bell Market, 5511 Lincoln
Avenue, Cypress.
Recommendation: Receive and file.
Item #12: Consideration of Application for an Inter-County Transfer of an On-Sale
General Alcoholic Beverage License Filed by California Management, Inc., DBA
Tia Marita's, 9963 Walker Street, Cypress.
Recommendation: Receive and file.
Item #13: Consideration of Adoption of Resolution Commending Boy Scout Michael
J. Wise on Achieving the Rank of Eagle Scout.
Recommendation: Tl.at the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING BOY SCOUT MICHAEL J. WISE ON ACHIEVING THE
RANK OF EAGLE SCOUT.
Item #14: Consideration of Claim Filed by Harland Thomae Slevers.
Recommendation: That the City Council officially deny the eubJect claim and refer
it to the City's Claim Adjuster, Carl Warren & Company, for'appropriate disposition.
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~y Council Minutes
January 14, 1980
Item #15: Consideration of Acceptance of Final Parcel Map #1160 (Southwest Corner
Chip Avenue and Hope Street).
Recommendation: That the City Council approve Final Parcel Map #1160 and accept
the cash bond for public improvements in the amount of $38,000.00, which is not
less than 50% nor more than 100% of the total improvements and authorize the City
Clerk to sign the record map.
Item #16: Consideration of Application for an Inter-County Transfer of an On-Sale
General Alcoholic Beverage License Filed by H.J. Restaurants, Inc., DBA Howard
Johnson's Restaurant, 4498 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item #17: Consideration of Claim and an Application for Leave to Present a Late
Claim Filed by George T. Poppe, Attorney at Law, on Behalf of Harvey Guy Matlock.
Recommendation: That the City Council officially deny the Application for Leave
to Present a Late Claim.
Item #18: Consideration of Verified Claim for Damages Filed by Pamela L. Seigler.
Recommendation: That the City Council officially deny the subject claim and refer
it to the City's Claim Adjuster, Carl Warren & Company, for appropriate disposition.
Item #19: Consideration of Adoption of a Resolution Commending Mike Warga on
Winning the VFW "Voice of Democracy" Essay Contest for the Orange County District.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING MIKE WARGA ON WINNING THE V.F.W. "VOICE OF
DEMOCRACY" ESSAY CONTEST FOR THE ORANGE COUNTY DISTRICT.
Item #20: Consideration of Employment List - Engineering Aide.
Recommendation: That the City Council certify the employment list for the posi-
tion of Engineering Aide as submitted.
Item #21: Consideration of Salary Resolution Amendment for Cypress Recreation
and Park District Management Personnel.
Recommendation: That the City Council, acting as the ex officio Bbard of Directors
of the Cypress Recreation & Park District, adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF
CYPRESS, ESTABLISHING SALARIES FOR DISTRICT EMPLOYEES
DESIGNATED AS MANAGEMENT PERSONNEL.
Item #23: Consideration of Investigation by the Planning Department into Fulfill-
ment of Conditions for Conditional Use Permits #76-20 and 77-6 - M.E.B. Investments
(Lincoln Plaza Condominiums, south side of Lincoln Avenue, westerly of Denni).
Recommendation: Receive and file.
Item #24: Consideration of Exchange of Holidays.
Recommendation: That the City Council approve the exchange of Lincoln's Birthday,
February 12, 1980, for the day after Thanksgiving, November 28, 1980, and the
Christmas Eve holiday, December 24 1980, for the day after Christmas, December
26, 1980.
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City Council Minutes January 14, 19 43
Item #25: Consideration of Claim Filed by Ralph M. Agnello, Attorney at Law, On
Behalf of Ernest Gayten Moreno.
Recommendation: That the City Council officially deny the subject claim and refer
it to the City's Claim Adjuster, Carl Warren & Company, for appropriate disposition.
Item #26: Consideration of Senior Citizens Club User Fees.
Recommendation: That the City Council, ex officio governing Board of Directors
of the Cypress Recreation & Park District, accept the recommendation of the Recrea-
tion and Community Services Commission and waive the user fees for the Cypress
Senior Citizens Club on an indefinite basis.
Item #27: Consideration of Tennis Instruction Contract Agreement.
Recommendation: That the City Council, acting as the ex officio Board of Directors
of the Cypress Recreation & Park District, approve establishment of contract ser-
vices with the Dave Saltz Tennic Clinics starting with the Spring 1980 session, as
recommended by the Cypress Recreation and Community Services Commission.
Item #28: Consideration of Petition Regarding Problems in the Area of Oak Knoll
Park.
Recommendation: That the City Council refer this matter to the Recreation & Park
Director for further action and authorize the City Manager to notify the petitioners
of the City Council's concern for alleviating the problems outlined in the petition.
Item #29: Consideration of a Request of the Orange County Criminal Justice Council
for a Letter of Intent to Join the County-Wide Criminal Justice Entitlement Juris-
diction.
Recommendation: That the City Council approve the submittal of a letter to the
Orange County Criminal Justice Council indicating the City of Cypress' intention
to join in the creation of a County-wide entitlement jurisdiction under the Justice
System Improvement Act of 1979.
Item #30: Consideration of Request to Attend the City Managers' Department Meeting
of the League of California Cities on '~ebruary 6-8, 1980 in San Diego.
Recommendation: That the City Manager be authorized to attend the 1980 City Mana-
gers' Department Meeting of the League of California Cities on February 6-8, 1980
in San Diego and that he be reimbursed for all his actual and necessary expenses.
Item #31: Consideration of an Appeal of the County Zoning Permit Establishing a
Commercial Horse Stable in the County Area Adjacent to the City of Cypress
(East side of Gay Street, north of Crescent).
Recommendation: That the City Council authorize the staff to appeal the decision
of the Orange County Zoning Administrator's Office to permit the establis}~ment
of a commercial horse stable in the adjacent County unincorporated area.
Item #32: Consideration of Request to Assign Franchise Rights from the Richfield
Oil Corporation to the Four Corners Pipe Line Company.
Recommendation: That the City Council grant consent to the Richfield Oil Corpora-
tion for the assignment of their franchise to the Four Corners Pipe Line Company
pursuant to Resolution #384, Section 7.
With regard to Item #22, Consideration of Request for One Year Extension of Condi-
tional Use Permit #79-1 (Fast Food Drive-thru Restaurant at 6101 Ball Road), Coun-
cilwoman Evans indicated that she objected to the outer-space design of the proposed
restaurant.
It was moved by Councilwoman Evans and seconded by Councilman Hudson to deny with-
out prejudice the application for a one year extension of Conditional Use Permit
#79-1.
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Council Minutes January 14, 1980
Councilman Hudson suggested that the Council reevaluate pending development plans
in cases where an extension is being requested for a conditional use permit.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
1 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo & MacLain
Rowan
None
MINUTES:
It was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unanimously
carried to approve the minutes of December 10 and December 24.
CONSIDERATION OF AWARD OF CONTRACT FOR EIGHT POLICE CARS (REPLACEMENTS)~ REQUEST
FOR QUOTATION #7980-19: The City Manager presented a report from the Finance
Director dated January 8 which outlined two bids received.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to accept
the bid of Beach City Chevrolet Company, 3001 E. Pacific Coast Highway, Long
Beach, as the lowest responsible bid and award them the contract for eight Police
cars in the amount of $65,925.56. 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 AWARD OF CONTRACT FOR TOPOGRAPHIC SURVEY OF STREETS AND ALLEYS
IN THE COUNTY ISLAND (BISHOP~ WATSON~ CAMP & NELSON STREETS & ALLEYS)~ CITY OF
CYPRESS PROJECT #7938-10: The City Manager presented a report from the Public
Works Director dated January 8 outlining three bids received. He indicated that
funds for the survey will be reimbursed through t~e Housing & Community Develop-
ment Program.
It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to: (1)
authorize a budget transfer from the General Fund and appropriate $24,267.00
from the fund balance of the General Fund to the following accounts:
10-4001-579.21 - $10,676.00
10-4006-579.21 - $ 5,231.00
10-4189-579.21 - $ 8,360.00
(2) determine that Duca and McCoy, 3840 E. Coast Highway, Corona del Mar, is the
lowest responsible bidder and award them the contract for the Topographic Survey
of the County Island, Project #7938-10, per their proposal (Field Notes Only) in
the total amount of $7,600.00. 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 REPORT ON STATUS OF INVESTIGATION INTO USE OF
"FIRE RETARDANT" ROOF MATERIALS: The City Manager presented a report from the
Public Works Director dated January 9 which responded to questions raised by the
Council at the November 26, 1979 meeting. He reported that a re-roofing project
would not trigger a reassessment of property or change the tax paid under the
current property tax legislation. Staff recommended that the requirement for
fire retardant roofs be considered with the adoption of the new Fire Code.
The Council agreed to receive and file the report subject to reconsidering the
issue at the time of adopting the new Fire Code.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt persons who have experienced
a home fire would be penalized further if required to reroof the home with fire
retardant materials. He suggested that information be made available to the public
on commercial fire retardant products for persons who may wish to reroof a home.
-11-
City Council Minutes January 14, 1980
CONSIDERATION OF PROPOSED ORDINANCE RELATING TO ITEM PRICE MARKING ON PACKAGED
CONSUMER COMMODITIES: The City Manager presented a report dated January 11 which
indicated the Chamber of Commerce requested that this matter be continued. The
Chamber scheduled a meeting for January 11 on this matter.
Hearing no objections, Mayor Rowan continued the item to the January 28 meeting.
CONSIDERATION OF A LETTER FROM HAROLD J. ROGERS REQUESTING TRAFFIC CONTROL DEVICE
AT CRESCENT & CAROB: The Public Works Director presented a report dated January
3 describing the request for a traffic control device at Crescent and Carob. The
report outlined the accident history of the intersection and suggested alternative
traffic control remedies. Mr. Schatzeder indicated that a signal would be recom-
mended, if funding was available, at Carob Street since there were more turning
movements here than at the other streets. He stated the purpose of the signal
would be to provide safe ingress and egress from Carob Street.
Councilman Lacayo felt a signal would be a speed deterrent and that Carob would
be the best location because of the number of turning movements. He also suggested
installation of a left-turn pocket at Crescent and Carob.
It was moved by Councilman Lacayo and seconded by Councilman Hudson to direct
staff to investigate funding for a traffic signal at Crescent and Carob on a
shared cost basis with the County of Orange and that staff determine the best
location for the signal based on traffic factors and the need for traffic control
along the entire stretch of Crescent Avenue between Bloomfield and Moody Street.
A substitute motion was moved by Councilwoman Evans and seconded by Councilman
Hudson to direct staff to prepare a report listing all intersections within the
City which are in need of traffic signalization, that the Council prioritize the
locations according to need, and withhold approval of a traffic signal at Crescent
and Carob. The substitute 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 BICYCLE LANE SAFETY PROGRAM: The City Manager presented a
report dated January 10 indicating that Councilman Lacayo requested this item
on the agenda.
Councilman Lacayo requested that staff compile bicycle safety information in a
booklet, for Council review, which can be distributed to Cypress schools. He
recommended that the bike safety information be part of an annual mandatory program
for school children and that the information emphasize bike safety procedures
in the areas of driveways of commercial establishments.
CONSIDERATION OF REPORT ON THE FAIR RENTS AMENDMENT: The City Manager presented
a report dated January ll which transmitted a summary of the initiative prepared
by the City Attorney.
Councilman Lacayo felt the initiative would be misleading to voters and would
preempt local government in the area of fair rents control. He recommended
that the issue be discussed by the Orange County League.
It was moved by Councilman Lacayo and seconded by Councilman Hudson that the
Council transmit a letter to the Orange County League expressing the Council's
concern over the wording of the initiative and the need for all voters to under-
stand the impacts of the initiative. 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 PLACING AN ADVISORY MEASURE ON THE STATE SALES TAX ALLOCATION
ON THE APRIL 8, 1980 ELECTION: The City Manager presented a report dated January
11 which indicated the League of California Cities recommended that cities place
-12-
City Council Minutes
January 14, 1980
an advisory measure on the ballot at their next municipal election relating to
the allocation of two cents (rather than one cent) of the existing six cents
sales and use tax to be used by cities, counties and special districts. The
City Manager indicated the expense would be minimal to place the measure on the
ballot.
It was moved by Councilwoman MacLain and seconded by Councilman Hudson to adopt
the following Resolutions by title only, titles as follows, and to authorize the
City Attorney to prepare an impartial analysis of the ballot measure:
RESOLUTION NO. 2188
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS
OF SAID CITY OF A CERTAIN MEASURE RELATING TO THE APPORTION-
MENT OF THE STATE OF CALIFORNIA SALES AND USE TAX AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 8, 1980,
HERETOFORE CALLED BY RESOLUTION NO. 2177 OF THE CITY COUNCIL
OF THE CITY OF CYPRESS.
RESOLUTION NO. 2189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE
A W~ITTEN ARGUMENT REGARDING A CITY MEASURE.
RESOLUTION NO. 2190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS
FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMEERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman
Lacayo and seconded by Counmilwoman MacLain to approve the Warrant List for
Warrants #53903 through #54169 in the total amount of $749,850.25. 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 ADDITIONAL APPROPRIATIONS - PARK DISTRICT: The City Manager
presented a report from the Finance Director dated January 7 which recommended
appropriations of SB 31 bail out funds, totaling $117,738.
Acting as the ex officio Board of Directors of the Cypress Recreation & Park
District, it was moved by Councilman Hudson and seconded by Mayor Rowan to
appropriate $117,738 from the General Fund Reserve to the accounts as outlined
in the staff report. The motion unanimously carried by the following roll call
VO t e:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, MacLain & Rowan
None
None
CONSIDERATION OF RESOLUTION FOR PERMISSION TO APPLY FOR TITLE III-B FUNDS: The
Recreation and Park Director presented a report dated January 9 describing the
grant application for Title III-B funds to be used for the alteration and reno-
vation of a multi-purpose senior citizens center and the acquisition of non-
expendable equipment.
-13-
City Council Minutes
Acting as the ex officio Board of Directors of the Cypress Recreation & Park
District, it was moved by Councilman Lacayo and seconded by Cooncilman Hudson to
adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE
CITY OF CYPRESS, APPROVING THE TITLE III-B GRANT APPLICATION
OF THE OLDER AMERICANS ACT.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Evans, Hudson, Lacayo, ;{acLain & Rowan
None
None
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 Councilwoman MacLain
to approve the District Warrant List for Warrants #9986 through #10052 in the
total amount of $64,092.24. 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 City Manager reminded the Council of a joint meeting with the Buena Park
City Council scheduled for January 22, at 6:30 p.m. at the Los Coyotes Country
Club. He also requested that the Council determine dates for a budget workshop
and for the meeting with the Boys' Club Board of Directors. The Council agreed
to schedule these two meeting dates at the January 22 meeting.
The City Manager reminded the Council of the Orange County League Conference
scheduled for February 2 from 9:00 a.m. to 2:30 p.m. at the Garden Grove Com-
munity Center.
Mayor Rowan requested that the City Attorney prepare an opinion relating to con-
demnation of the Cypress School site.
At Councilwoman MacLain's request, Mayor Rowan added Item #51 to the agenda re-
garding a waiver of fees for a tentative parcel map for Holy Cross Lutheran Church.
Councilwoman MacLain reported that the Holy Cross Lutheran Church on Cerritos
Avenue had expended over $700,000 to build a youth center and had decided to sell
the property. She recommended that the Council waive the application fee for
their tentative parcel map so that the Church is not penalized with further costs.
Councilman Hudson stated he would abstain on this item since he is a member of
the Church.
There being no objections, and with Councilman Hudson abstaining, the Council
approved the waiver of fees for the Holy Cross Lutheran Church tentative parcel
map application.
EXECUTIVE SESSION: The Mayor called an Executive Session at 11:40 p.m. to discuss
matters of litigation. The meeting was called back to order at 11:50 p.m. with
all Councilmembers present.
ADJOURNMENT: It was moved by Councilman Hudson, seconded by Councilman Lacayo
and unanimously carried to adjourn the meeting at 11:51 p.m. to Tuesday, January
22, at 6:30 p.m. at the Los Coyotes Country Club, Buena Park.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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