Minutes 80-04-28MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
April 28, 1980
The regular meeting of the Cypress City Council was called to order at 6:30 p0m.
on Monday, April 28, 1980 in the Cypress City Council Chambers, 5275 Orange
Avenue, Cypress, California, Mayor Vickie Evans presiding.
PRESENT:
ABSENT:
Councilmembers Coronado, Lacayo, Mullen, Rowan & Evans
None
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City
Attorney, and the following City staff members: Davenport, DeCarlo, Duke,
Lamm, Powell and Schatzeder.
PLEDGE OF ALLEGIANCE: Councilman Mullen led the pledge to the flag.
~la¥or Evans presented a plaque to Councilman Howard Rowan in recognition of his
term of service on the Council as Mayor.
ORAL COMMUNICATIONS: Mayor Evans asked if anyone wished to speak in regard
to any matter which was not on the agenda. No one in the audience wished to
~eak. Councilman Mullen read the following statement for the record: I wish
~,~ make the following statement for the record. Subsequent to the Cypress City
~mnciJ election, many allegations were made against my campaign. I want to
set the record straight with respect to those charges. Councilman Rowan stated
~i~at a "smear sheet" was put out on him and that the so-called "smear sheet"
was delivered to the printer by a Councilman and a Councilman-elect. I think
it reasonable to assume that I was the Councilman-elect to whom he referred.
1 wJsh to state that I personally delivered every single item used in my cam-
paign to the printers. That includes a reproduction of Chuck Bryant's ad which
wa~ decided upon after publication of the ad and for which my committee's res-
ponsib~]~ty was clearly stated on the reproduction. Much was said about
~ysterious phone calls made to his home and place of employment by unknown
persons. It was not said that I had any part in those calls, but the complaint
was vofced during an attack on my compaign and I certainly reject any implication
~f involvement in any such aberration. I think it worthy of note that Councilman
Rowan was ~ot a candidate in this election and therefore could not suffer injury
a~ a result of the campaign. I find it curious that the response to my campaign
was so vio]ent in its tone. Alice MacLain charged that I, along with John
Kennedy and Shattuck met with the Police Association for the purpose of influ-
encing contract negotiations. This is simply not true. I have never met with
t}~e Police Association, ever, for any reason. Several months ago I was asked
to at:tend a meeting with a few Police representatives to enlist my aid as a
citizen to protest a plan to move the Cypress dispatch and radio facility to
I,a ~a]ma. This meeting took place in a public restaurant in Cypress. Shortly
a~terward, the plan was abandoned and my only contact since then with Cypress
Police was when they ticketed all my guests' cars during my victory party.
Alice stated only false issues were raised and she referred to my stand on
her third term as a "smear". It would seem that only the incumbents in Cypress
may chose the issues. I am guilty of making my own decisions in the identifi-
c:~tion of issues. If this was impudent on my part, then apologies are due.
A word is in order with respect to two negative items that were factors in this
etectJon - Chuck Bryant's ad and the letter from the American Legion. In both
of these situations, the parties were angered and they exercised their right
of retribution. Whether their anger was justified is beside the point. A
lesson can be learned here about the responsibility of people sitting up here
to treat with careful respect the opinions of those citizens who stand down
there to speak their minds. Let's all now get down to the business of running
our City. rhank you.
Councilman Rowan stated he would not respond to the statement.
t'~i~ty Council Minutes
April 28, 1980
MINUTES: It was moved by Councilman Lacayo, seconded by Mayor Evans and carried,
with Councilmembers Coronado and Mullen abstaining, to approve the minutes of
April 14.
It was moved by Councilman Coronado, seconded by Councilman Mullen and unani-
mously carried to approve the minutes of April 15.
STAFF REPORTS & DISCUSSION: The City Manager requested that the Council schedule
meeting dates for workshops on the Cypress Business Park development, the Housing
Element and the 1980-81 budget. He requested an Executive Session to discuss
matters of litigation and personnel. The City Manager also reminded the Council
of the Police Department's Officer of the Year banquet on Saturday, May 17.
Mayor Evans added the Executive Session to the agenda as Item #33.
CONSENT CALENDAR: Mayor Evans announced that all items listed on the agenda
under "Consent Calendar" were to be considered by the Council as routine and
enacted by one motion approving the recommendations listed on the agenda.
It was moved by Councilman Mullen and seconded by Councilman Coronado to approve
Items #2 through #16 on the Consent Calendar. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: 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 Request from the Cypress Twirlers for Permission
to Use the City Council Chambers Plaza Area for Square Dancing on July 5,
August 2 and September 6, 1980.
Recommendation: That the Mayor and City Council approve the request of the
Cypress Twirlers for use of the City Council Chambers Plaza area on July 5,
August 2 and September 6, 1980, between the hours of 7 p.m. to 11:30 p.m.,
subject to the condition that the organization be required to pay for any
additional costs incurred in providing maintenance and utility services.
Item #4: Consideration of Proclaiming the Week of May 4-10, 1980 as Clean
Air Week.
Recommendation: That the Mayor and City Council officially proclaim the week
of May 4-10, 1980 as "Clean Air Week" in the City of Cypress as requested.
Item #5: Consideration of an Application for Alcoholic Beverage License
Transfer Filed by Guy Peter and Patricia Ann Di Natale, DBA Cypress Plaza
Liquor, 11521 Knott Avenue, Cypress.
Recommendation: Receive and file.
Item #6: Consideration of an Application for Transfer of an Alcoholic Bev-
erage License Filed by Verner Clyde Kiser, DBA Bar-B-Q Pit Shop, 4009 Ball
Road, Cypress.
Recommendation: Receive and file.
Item #7: Consideration of Claim for Breach of Contract Filed by Linda Johnson.
Recommendation: That the City Council officially reject the subject claim and
refer it to the City's Claim Adjuster, Carl Warren & Company, for appropriate
disposition.
Item #8: Consideration of Contract Renewal for Weed Abatement for 1980/81
Fiscal Year.
-2-
City Council Minutes
April 28, 1980
Recommendation: That the City Council approve award of contract for Weed
Abatement for the 1980/81 fiscal year to Edwin Webber, Inc., 8742 Rembrandt
Drive, Huntington Beach, for the same contract unit prices as the 1979/80
fiscal year.
Item #9: Consideration of Acceptance of Weed Abatement of Seasonal and Re-
curring Weeds and Assessment for Weed and Rubbish Abatement for Phase II for
the 1979/80 Program.
Recommendation: That the City Council: (1) accept the work of weed and rub-
bish abatement as being satisfactorily completed in accordance with the speci-
fications for the work and (2) adopt the following Resolution by title only,
title as follows, confirming the weed abatement assessments and imposing
special assessments as a lien on the parcels shown on Exhibit "A":
RESOLUTION NO. 2221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS,
RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES AND IMPOSING
SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE
CITY OF CYPRESS.
Item #10: Consideration of Request to OCTD for Dial-A-Ride Service in Cypress.
Recommendation: That staff be authorized to request expansion of the Dial-A-
Ride service into Cypress on June 9, 1980, as recommended by the OCTD staff.
item #11: Consideration of Legislative Bulletins #15-1980 and #16-1980 From
the League of California Cities Dated April 11 and April 18, 1980.
Recommendation: That the City Council direct the staff to prepare a response
for the Mayor's signature to the appropriate officials expressing the City's
support of Assembly Bill 3275 (Liability for Dangerous Conditions), and its
opposition to ACR 115 (AB 8 School Funding Maintained Despite Proposition 9
Passage) and SCR 66 (Resolution Protecting Public Safety Services).
Item #12: Consideration of Authorization to Attend the New Mayors and Council
Members Institute.
Recommendation: That the City Council authorize any member of the City Council
to be reimbursed for all actual expenses to attend the New Mayors and Council
Members Institute sponsored by the League of California Cities on May 8-10, 1980
at the Santa Clara Marriott Hotel.
Item #13: Consideration of a Notice of Health Enforcement Rates Pursuant to
a Contract with the Orange County Health Services Agency.
Recommendation: That the communication from the County Health Officer re-
garding a new rate schedule for code enforcement be received and filed.
Item #14: Consideration of a 30-Day Extension of Boys' Club Lease for
Facility at 10491 Moody Street.
Recommendation: That the City Council approve the extension of the current
lease between the City and the Cypress Boys' Club for the property located
at 10491 Moody Street to May 31, 1980.
Item #15: Consideration of Employment List - Dispatcher.
Recommendation: That the City Council certify the employment list for the
position of Dispatcher as submitted.
Item #16: Consideration of Employment List - Business License/Zoning Inspector.
Recommendation: That the City Council certify the employment list for the
position of Business License/Zoning Inspector.
-3-
City Conncl l Minutes
April 28, [980
CONSIDERATION OF AWARD OF CONTRACT FOR BUS TRANSPORTATION FOR EXCURSIONS,
RE~(I_UES_T. FO__R_~U_O. TATION_j/_7__9_8_0.-Rp: The City Manager presented a report from the
Finance Uirector dated April 24 which on(lined three bids received. Staff
indicated the excursions are self-supporting programs.
[t was moved by Councilman Lacayo and seconded by Conncilman Mullen that the
City Cannel1, acting as the ex officio Board of Directors of the Cypress
Recreation and Park District, ac(ept the bid of California Charter Bnses, Inc.,
6400 Westminster Avenue, #221, Westminster, as the lowest responsible bidder
and award them the contract for a period of one year. The motion unanimfms]v
carried by the following roll ('all vote:
AYFS: 5 COITNC ] LMEHBERS: C()ronado,
NOES: 0 COIINC I LMEMBERS: None
ABSENT: 0 CO[rNC T LHEbIBERS: None
Lacavo, MulIen, Rowan & ]{vans
Hayer Evans took Item i12~ ant of ~rder for the henefit of the applicant ~ho
wa~ in tbe audience.
CONSlt)F..RATIO_N__(]F R~E!~_U_E~Sff _FOR J)_N_E YEA_R _E_X?]~,_NS_I_ON OF CONDITIONAL USE PERHIT
~t79-3, OFFI~ ~OFES_SJONAL BUTLDIN(; AT 5401 ' '
- ...... - h4l] (IKA~CF~VENOE, WITHIN
THE _CIVIC CE~_T_.E~ Zi!Nji: The Planning Director presented a report dat~d~};ri]
21 describing the application for a one year extension of Conditional Use Pa(mil
~[~9-1 wblcb would allow the construction ~f a two-story, 15~000 square foot offi~e
and professional building at 54fl1 tllrougb 5411 Orange Ave~l.e in the Civic Cantor
Zmm. Staff indicated that hnildina pormit~ were not i~aued and can~tr.cticm
has m~t t,~mmenced and tho ~rizinal applirant bas m~ld the prnpertv. Staff rec
Fal ion For a now (londitimml It~e Permit.
M~. William P]anche, representing Fanias(i,, I'rope-ties, 2911 Bristol, Seats Ans.
the propel-tv owner, reqnestad Ilia( tbo tree permit he extended. He inditated
they have expended $1400 to a(quire the o~iginal pleas and that they intended
to proceed with the original pJan~ or modify thom tr~ imtease the size .r
pin]ecl. Mr. l'lnncbo indicated Iho[i pl',~]o~l ce. Id be o~Imdited if tbev
*aired an extension to tho permit and lhnt they did n,~t wJ~b to ~t~rt nil
I:,,uu,'ilman l,acaw~ asked why staff rec(mmlendod denial ol lba oxtellgD,..
Pl~nl~Jng Ilirector stated tlmt ~taFF lecommeuded tJmt a n~w use p~rmil
lia slated that if (be plans were modified, the applicant w,,uld be
pay another $250 filing Fee.
It was moved bv Councilman Lacayo and seconded bv Counc i ]man ['Jul
a *me-veer extension of Conditional lisa Permit i/79-~. Maw~r Evmm
wonld not support the motion since she bad opposed the original
piecemeal dnvelopment of the snh]act property whicb wm~ld inhibit
~)1 dew=lei)men( of the entire arch.
The motion failed to carry bv the following roll call v. to:
AYES:
NOES:
ABSENT:
2 COUNCILMEMBERS:
3 C()UNCIL~iEMBERS:
0 COUNCII. i,~]MBERS:
l,acavo & Iqu] lan
Corenado, Rowan & Evans
cation for a one-vear extension of Conditional Uae Permit tt79-3. Tho moti.n
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
2 COUNCILMEMBERS:
0 COUNCILME~ERS:
Coronado &Mullen
None
RE__CES~S: Mayor Evans called a recess at 6:57 p.m. The meeting was called back
to order ;it 7:00 p.m. with all Councilmembers present.
-4-
City Council Minutes
April 28, 1980
CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT
CHINA GARDENS~ 4756 LINCOLN AVENUE~ CYPRESS: The City Manager presented a
report dated April 24 indicating the hearing was continued from the April 14
meeting at the request of the Homeowners Association located adjacent to the
restaurant. The City Manager read a letter from Ms. Phyllis Colannino in
opposition to the granting of the live entertainment permit. He stated a letter
in opposition was also received from Mr. and Mrs. Raymond Hamilton.
Mayor Evans opened the public hearing and asked if the applicant wished to speak.
Mr. Sunny Chi, representing the owner of China Gardens, 4756 Lincoln, Cypress,
reported they plan to install a piano next to the bar and that there will be
room for dancing by about ten patrons. He stated the wall enclosing the bar
has been removed. He indicated alcoholic beverages will be served in the rest-
aurant. Mr. Chi presented a petition expressing support for their permit which
he stated was signed by 98% of the homeowners of the adjacent townhouse project.
'fhe City Attorney reviewed the petition and indicated it did not conform with
the City Code requirements.
Mayor Evans asked if anyone wished to speak in support of the permit.
Mr. Don Pugh, president of the Influential Townhomes Community Association,
9064 Candlestick Lane, Cypress, read a resolution passed by their Board of Dir-
ectors last week which indicated the Association did not object to approval of
the permit as long as activities at the restaurant are not detrimental to the
townhouse residents by causing nuisances or interfering with the residents' peace,
quiet, safety and general welfare. Mr. Pugh reported the nearest residence
ds 75 feet away from the restaurant, and ten dwellings are immediately adjacent
to the restaurant. Mr. Pugh felt the townhome residents would object to loud
disco music and dancing. He stated that the dance school in the same shopping
center creates a disturbance for some residents. Mr. Pugh stated that presently
the association does not experience a parking problem but he felt one could
develop if patrons from the restaurant park in the association's parking areas.
Mr. Pugh reported there is a pedestrian access gate between their property and
the shoppfng center.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, indicated he objected to the
application and felt the restaurant was being converted to a bar. He objected
to the sale of alcohol and potential associated police problems. Mr. Hardcastle
felt that the development of more bars on Lincoln Avenue would negatively impact
the atmosphere of the avenue.
Mr. Jeff Chang, owner of China Gardens, stated that the majority of townhome
owners supported their request. He indicated the dancing school causes a dis-
turbance because their rear door, facing the townhomes, is left open. Mr. Chang
indicated that their patrons had requested entertainment and they planned to
hire professional singing entertainers from Taiwan. He stated there would be
one piano, their rear door would remain closed, and they would allow slow dancing
and no disco entertainment. He reported that after remodeling the interior, the
seating capacity remains the same at 98.
Councilman Mullen moved to close the public hearing. Councilman Mullen stated
he was concerned over the possibility of the restaurant being converted into a
bar with the eventual discontinuance of dining service, which he indicated
occurred at the Hide Away. He stated he would support the permit if strict
conditions were attached including limiting the entertainment to that specified
in the application: a piano and occasional singer. He also recommended review
of the permit in six months to determine if it is creating a disturbance for the
residents or adjacent businesses. Councilman Mullen then withdrew his motion.
Councilman Lacay0 felt the City should encourage and assist small businessmen
and indicated he supported the application if it is limited to the piano and
singing entertainment and if the review period is required which would allow
the Council to respond to any complaints. Councilman Coronado inquired about
the appropriateness of the applicant's procedure of opening a restaurant, ac-
quiring a liquor license and then requesting live entertainment. The City
-5-
City Council Minutes
April 28, 1980
Attorney explained the Zoning Ordinance requirements for a conditional use
permit to allow alcoholic beverages to be sold in a restaurant in certain zones
and indicated the applicant had followed the proper procedure in applying for
the live entertainment permit. He indicated that if the Council felt the
primary business ceased to be a restaurant with the majority of revenues derived
from the sale of alcohol and not food, then the Council could review whether
a separate permit was required for a bar/nightclub. The City Attorney stated
that the City Code sections provide for the revocation of a live entertainment
permit if the operation does not comport with the peace, health, safety, good
morals and general welfare of the public, or if the applicant is unfit to be
trusted with the privileges granted by such permit.
It was moved by Councilman Mullen and seconded by Councilman Lacayo to close
the public hearing and approve the live entertainment permit for China Gardens
to allow for a piano player and an occasional singer during the hours 6:30 p.m.
to 1:30 a.m., Tuesday through Sunday, subject to the condition that the permit
be reviewed by the City Council at a public hearing in six months and that
public hearing notices be transmitted to property owners within 300 feet as well
as to the townhome property owners and other tenants of the shopping center.
Councilman Mullen stated the intent of the motion was not to prohibit dancing
by patrons of the restaurant.
Councilman Rowan stated he would not support the motion since he objected to
the restrictions placed by the City Council in the absence of any complaints
or violations relating to the business operation, and he did not support the
requirement for the public hearing.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
2 COUNCILM~MBERS:
0 COUNCILMEMBERS:
Lacayo, Mullen & Evans
Coronado & Rowan
None
Councilman Rowan stated be supported the application but opposed the restrictions
placed by the City Council. Councilman Coronado stated he shared this opinion.
CONTINUATION OF PUBLIC HEARING RE: MODIFICATION #3 TO CONDITIONAL USE PERMIT
#C-206~ SUPERENE FEED SUPPLEMENTS~ INC.~ 5421 PHILO STREET: The City Manager
presented a report dated April 24 indicating the public hearing was continued
from the March 24 Council meeting. The Planning Director presented a report
dated March 18 which described the application to modifiy C.U.P. #C-206 to
allow construction of an additional 2300 square foot warehouse building for
expansion of the Superene milling operation. Mr. Lamm presented the plot plan.
Staff recommended that the drainage be handled through a master drainage facil-
ity instead of local drainage improvements since the drainage facilities re-
quired will benefit property owners within several City blocks. Staff recom-
mended approval of the modification subject to nine conditions.
blayor Evans opened the public hearing.
Mr. Henry Verhoeven, 9909 Bellfair, Bellflower, the applicant, stated he agreed
with the nine conditions. He reported he wished to begin construction of the
building in the near future and indicated that compliance with Condition #8,
requiring that the structures be painted prior to construction, would be a
drawback. Mr. Verhoeven stated that painting the structures would take some
time since the street must be closed off and the buildings sandblasted before
painted. He felt the painting could be accomplished within nine months and he
offered to post a bond to guarantee fulfillment of Condition #8. Staff indi-
cated that posting a bond to guarantee compliance with Condition #8 would be
acceptable.
The City Attorney advised that, since the Council last considered this matter
at their January 24 meeting, Councilmembers Mullen and Coronado should abstain
from voting unless they had listened to the tapes of the meeting.
-6-
City Council Minutes
April 28, 1980
It was moved by Councilman Rowan and seconded by Councilman Lacayo to close the
public hearing and adopt the following Resolution by title only, title as follows,
approving Modification #3 to Conditional Use Permit #C-206, subject to the condi-
tions recommended by staff and with Condition #8 providing that a bond be posted
for a period of nine months to guarantee fulfillment of the painting:
RESOLUTION NO. 2222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING MODIFICATION NO. 3 TO CONDITIONAL USE PERMIT
NO. C-206 - WITH CONDITIONS.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Lacayo, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINING: 2 COUNCILMEMBERS: Coronado & Mullen
?UBLIC HEARING RE: CONDITIONAL USE PERMIT #80-8~ ON-SITE SALE OF ALCOHOLIC
BEVERAGES fBEER & WINE)~ LAMP POST PIZZA~ 9921 WALKER STREET: The Planning
Dlrector presented a report dated April 22 describing the application. Staff
recommended approval of the use permit subject to two conditions.
Mayor Evans opened the public hearing and asked if anyone wished to speak in
support of the application. No one wished to speak in support. The Mayor asked
[f anyone wished to speak in opposition. No one wished to speak in opposition.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to close
the public hearing and adopt the following Resolution by title only, title as
follows:
RESOLUTION NO. 2223
A RESOLUTION OF THE CITY COUNCIl, OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 80-8 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILF[EMBERS: Coronado, Lacayo, Mullen,
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Rowan & Evans
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-9~ KOREAN BAPTIST CHURCH~ 4371
CERRITOS AVENUE: The Planning Director presented a report dated April 22 des-
cribing the request to establish a Church and Sunday School at 4371 Cerritos
Avenue in the RS-6,000 Residential Single-Family Zone. Staff reported that
the plans submitted with the application were conceptual in nature and indi-
cated that the Church planned to operate a church and Sunday School classes
in the existing building on the property when it is completed. The Church
was requesting Council approval of their intended land use prior to purchasing
the property. If the application is approved and the Church purchases the prop-
erty, they will then submit plot plans describing the proposed property improve-
ments. Staff indicated that, at some future date, the Church proposes to build
a permanent sanctuary to accommodate approximately 350 people and operate a
child day care program on a daily basis. The final plans for these structures
would be reviewed by the City's Design Review Committee. Staff recommended
approval of the permit subject to 15 conditions of approval.
Mavor Evans opened the public hearing and asked if the applicant wished to speak.
Reverend John Park, pastor of the Korean Baptist Church, 2850 South, Long Beach,
reported they plan to have a bi-lingual Church and school. He indicated they
plan to complete the existing building in the near future but they have no engin-
eering drawings yet for the permanent sanctuary.
Mayor Evans asked if anyone wished to speak in support of the application.
-7-
City Council Minutes
April 28, 1980
Mr. Don Hendross, 6332 Cantiles, Cypress, the planning director for Holy Cross
Lutheran Church, reported they have worked closely with Reverend Park and are
anxions for the Korean Church to become neighbors. He felt they would be a fine
addition to the community. He requested the Council's speedy approval of the
permit and stated the vacant building has been subject to vandalism problems.
Mr. Bill Neederbrock, Pastor of Holy Cross Lutheran Church~ stated they are
anxious for the Korean Church to proceed with their plans and they felt the
Church would be beneficial to the community as well as a good neighbor.
Mr. Robert Solagio, 4372 Marion, Cypress, stated he favored the project. He
asked if the applicant would correct the problems of high weeds, dust and gopher
holes on the property. The staff indicated that the property was included in
the weed abatement program and churches are usually given the opportunity to
abate the weeds on their own. Mr. Hendross reported the Holy Cross Church
received the abatement notice and abated the weeds once, but the heavy rains
l~ave caused them to grow again. He stated a crew should be out this weekend to
~lemov~ th~' weeds. Mr. Hendross stated the three-quarters of an acre behind the
Korean Church will remain as grass and be used for future parking by the Korean
¢ihurch.
Mayor Evans asked if anyone wished to speak in opposition to the application.
Mr. Jim Broder, 4412 Patricia, Cypress, stated he lives adjacent to the parcel
and that the rear of the parcel has been a problem with kids throwing objects
over the wall and creating vandalism problems for the church building. He
asked that the day school have adequate lighting. He inquired about the type
of activities proposed by the Ch~lrch. Reverend Park explained the Church's
plans for the Sunday School and day care center. He reported the congregation
now has 200 members. He indicated the day care will be open on week days to
the publi~'. Reverend Park stated they will clean up the property and be careful
~b~t ~ot disturbing the neighbors.
Mr. Richard Keller, 4422 Patricia, Cypress, stated he lives adjacent to the
Church property and that there is a continuing problem with children on the
property. He requested that the day care children be confined in a yard. He
stated he supports the Church use of the property.
Reverend Park reported the existing building can accommodate a maximum of 40
~h[ldren ~or the day care center. The Planning Director reported a day care
center is subject to State requirements on the indoor and outdoor area space
provided (,ach child. He indicated the Council may require that the day care
<~enter be included as a modification to the use permit so that the Council may
review th~ plans.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated the First Baptist Church
bas a similar problem with neighbors throwing objects over the wall onto the
{]hutch property. He felt the Korean Church's building will help eliminate the
problem o~ vandalism.
Reverend ~ark stated there are strict State and County regulations on the opera-
tion of a day care facility and the children must be confined in a fenced-in area.
He felt the vandalism will be controlled when they occupy their building.
It was moved by Councilman Rowan and seconded by Councilman Lacayo to close the
public hearing and adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 2224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 80-9 - WITH CONDITIONS.
Mayor Evans felt the plans were too sketchy and requested that the City Council,
and not the Design Review Committee, be presented with the final plans for
approval.
Conncilmembers Rowan and Lacayo agreed to modify the motion to amend Conditions
#2, 3 and 4 to substitute City Council for City Staff, Planning Department and
Staff Design Review Committee.
-8-
City Council Minutes
April 28, 1980
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Mullen, Rowan & Evans
None
None
R~S~: Mayor Evans called a recess at 8:30 p.m. The meeting was called back
to order at 8:37 p.m. with all Councilmembers present.
Mayor Evans took Item #29 out of order for the benefit of persons in the audience.
CONSIDERATION OF A LEASE AGREEMENT BETWEEN THE CYPRESS SCHOOL DISTRICT AND THE
CYPRESS RECREATION & PARK DISTRICT FOR A PORTION OF CYPRESS SCHOOL TO BE USED
AS A SENIOR CITIZENS CENTER: The City Manager presented a report dated April 24
which described the terms of the proposed lease.
Mr. William Calton, Superintendent of the Cypress School District, reported on
the Board's position with regard to drafting of the lease and discussed the
ieuse with the Council. Councilman Rowan inquired if the School District had
considered the possibility of the City sub-leasing portions of the Cypress School
to community groups, like the VFW, and whether the same lease terms would apply.
Mr. Calton stated he advised the Board of the VFW's interest in leasing two
classrooms but the Board had not formally discussed this matter. He felt such
a iease would be easier to negotiate between the City and School District rather
~h~r~ between the District and a private agency.
?b,~ City Attorney commented on the lease terms and pointed out several issues
,)i con,:ern for the City such as the amount of public improvement expenses which
,o~tld t>e ~redited to the City. He also reported on alternate park district
ruitds whJ~ h he did not feel would be available to the City for the lease, but
indicated he would research this further. Mr. Calton felt provisions in the
i ~ c ould be worked out with regard to the City performing its own grounds
aintenan<e and custodial work. The City Attorney also expressed concern with
~,, pr~vision relating to the District's use of the common green areas and felt
~ ltase should reflect the District's right to non-exclusive use of these
t~-~ ~ . ~li, Council held further discussion with Mr. Calton with regard to the
[ii~trict'~ rental amount. Mr. Calton indicated the Board was agreeable to a
]o nt meeting with the Council to review the lease.
[h, C£tv Council agreed to schedule a joint meeting with the Board of Trustees
m I'uesdav, May 6, at 7:30 p.m. at the District offices to continue review of
i~_ONTINUATION OF CONSIDERATION OF FIREWORKS CONTROL ORDINANCE: The City Manager
presented a report dated April 24 indicating this matter was continued from the
,\pti/ 14 Council meeting. The City Attorney reviewed the provisions of the
;,m~cilma~; Mullen inquired about the rationale for recommending the 18 year age
£r,:it relating to persons working inside a booth. He expressed concern over the
vi,'t[m's frond and felt it was tantamount to a fireworks ban. He stated he did
obiect to the other provisions. The City Attorney explained the reasoning
b~bind th~ 18 year age limit. Councilman Coronado also expressed concern about
via:tim's fund and felt that it acknowledged that there would be liabilities
th~, City. Councilman Coronado stated he supported the ordinance but felt it's
~ ectivet~eas depended on snpport from other cities. Mayor Evans also
J ~rced t! t the victim's fund would prohibit organizations from operating fire-
w,~-ks stands because of the high cost and she recommended its deletion from
ordinance. She recommended that the City continue to encourage a county-
fireworks ban.
it was moved by Councilman Mullen and seconded by Councilman Lacayo to order the
following Ordinance read by title only, title as follows, and to approve the first
reading of the Ordinance, and that Section 20 be deleted from the ordinance and
a change made in Section 1, #15, from 18 years to 16 years. Councilman Mullen
stated he saw no reason to restrict the age of persons working inside the stand
to 18 as long as there is adult supervision in the stand.
-9-
Cit{ Council Minutes
April 28, 1980
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 5-2(D)(5) OF THE CODE OF THE CITY OF
CYPRESS RELATING TO THE SALE OF SAFE AND SAJqE FIREWORKS.
Mr. Charles Keeling, 5145 Brunswick, Cypress, recommended that the ordinance
contain an age restriction of 18 years for persons working inside a fireworks
stand.
Mr. Glen Love, 6368 Mt. Ripley Drive, Cypress, stated that Laguna Beach enacted
a fireworks ban and there was nothing wrong for Cypress to take a stand on the
issue.
Councilmen Mullen and Lacayo agreed to amend the motion to provide an age limi-
tation of 18 years in Section 1, #15, of the ordinance.
Mr. Joe Hardcastle, 4588 Blanca, Cypress, felt a fireworks ban was the only way
to prevent fires.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
1 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Mullen & Evans
Councilman Rowan stated for the record that he felt the ordinance was a poor one
and that the Council should either approve a ban of fireworks or forget the issue.
It was moved by Councilman Lacayo and seconded by Councilman Mullen that the
banning of fireworks in the City be placed as a measure on the November ballot.
The motion unanimously carried by the following roll call vote:
;\YES:
NOES:
AI{SENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Mullen, Rowan & Evans
None
None
CONSIDERA?ION OF PUBLICATION OF RESOLUTION NO. 2206 CONDEMNING THE DISPLAY AND
SALE OF DRUC PARAPHERNALIA TO MINORS: The City Manager presented a report dated
April 24 which outlined the response from community organizations with regard to
publication of the resolution.
Councilman Mullen stated he supported the ad but questioned the City's liability
if the resolution is printed identifying the specific businessman. The City
Attorney stated the City would not be exposed to liability if the statements in
the resolution are truthful. He recommended that the statements in the resolution
be verified before it is printed.
it was moved by Councilman Lacayo and seconded by Councilman Mullen to request
staff to verify the statements in the resolution and prepare a report and also
include information on design and cost of the ad for the May 6 Council meeting.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Mullen, Rowan & Evans
None
None
The City Manager reported that a communication was received from the Tanglewood
North Homeowners Association who supported the resolution and authorized use
of the£r name in the newspaper ad.
Mrs. Loretta Callender, 9408 Danbury~ Cypress~ stated she supported the Council's
action.
Councilman Rowan asked why the Chamber of Commerce objected to publishing the
resolution. Mr. Robert Eames, Chamber Manager, 9471 Walker, Cypress, stated the
Chamber was concerned with possible legal action and also because the ad would
give free advertising to the business establishment.
-10-
City Council Minutes April 28, 1980
Mr. Joe Hardcastle, 4588 Blanca, Cypress, suggested that the resolution be printed
and distributed door-to-door in Cypress to avoid giving the store free advertising
outside o£ Cypress. Mayor Evans requested quotations on door-to-door distribution.
CONTINUATION OF CONSIDERATION OF PLANNING DEPARTMENT REPORT CONCERNING THE PER-
CENTAGE OF ALLOWABLE MOTEL UNITS WITH KITCHEN FACILITIES: The City Manager
presented a report dated April 24 indicating this matter was continued from the
April 14 Council meeting.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to receive
and file the report and to consider this matter during the update of the Zoning
Ordinance. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Mullen, Rowan & Evans
None
None
CONSIDERA2iON OF CITY COUNCIL APPOINTMENTS: The City Manager presented a report
dated April 24 which summarized the current City Council appointments to various
Orange Co~nty agencies and organizations.
Mayor Evans inquired if any Councilmember was interested in serving as the repre-
sentative to the Orange County Vector Control District.
it was moved by Councilman Lacayo and seconded by Councilman Coronado that the
position on the Vector Control District be retained by an incumbent Councilmember.
Co~ncilman Lacayo stated he felt an elected official would be a more responsive
representative than a public member in resolving vector control problems. The
motion ca, tied by the following roil call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINING: 1 COUNCILMEMBERS: Mullen
Councilman Lacayo requested that the Mayor present her recommendations for the
various appointments. Mayor Evans presented her recommendations for the following
appointments. Mayor Evans inquired if any Councilmember was interested in serving
as alternate representative to the Santa Ana River Flood Protection Agency.
Councilman Mullen stated he would serve as the alternate.
Orange Co. Sanitation District
Mayor Evans - Representative
Councilman Rowan - Alternate
Leagt~e of Calif. Cities, Orange
County Division
Mayor Evans - Representative
Councilman Coronado - Alternate
Santa Ana River Flood Protection
Agency
Councilman Coronado - Representative
Councilman Mullen - Alternate
Unified Orange Co. Cities
Disaster Organization
Councilman Lacayo - Representative
Orange Co. Vector Control Distr.
Councilman Mullen - Representative
Councilman Mullen stated he would be interested in serving as the City's repre-
sentative to the Orange County Airport Land Use Commission.
It was moved by Councilman Lacayo and seconded by Councilman Coronado to approve
the Mayor's appointments as presented. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMEERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Mullen, Rowan & Evans
None
None
-11-
City Council Minutes April 28, 1980
CONSIDERATION OF CURRENT COMMITTEE VACANCIES OF THE ORANGE COUNTY DIVISION OF
THE LEAGUE OF CALIFORNIA CITIES: The City Manager presented a report dated
April 24 which transmitted a communication from the League outlining the existing
vacancies on League committees and commissions.
It was moved by Councilman Lacayo and seconded by Mayor Evans that the Council
support Councilman Mullen as a nominee to the Airport Land Use Commission.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEbIBERS:
1 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Mullen & Evans
Rowan
None
The City Council requested that staff prepare a listing for the Council of those
positions previously held by former Councilmembers MacLain and Hudson in order to
determine the City's areas of interest. Mayor Evans suggested that the Council
discuss Councilmembers' interest in serving on the committees at the May 6
meeting.
CONSIDERATION OF APPROVAL OF NEWSLETTER ARTICLE: The City Manager presented a
report dated April 24 which transmitted the draft newsletter article to be included
in the Recreation District's summer activities brochure.
Mayor Evans recommended several changes to the content of the newsletter. She
recommended that the newsletter include an outline of recently adopted City
Council ordinances, an article announcing the availability of City Council
agendas in the Police Department and the budget document to the public~ and an
article announcing the dates and time of Council meetings. The Council dis-
cussed the Council policy of not publishing newsletter articles on individual
Councilmembers.
It was moved by Mayor Evans and seconded by Councilman Coronado that staff
incorporate the Council's recommendations in the newsletter and that the Council
review the final draft at the May 6 meeting.
The staff pointed out that the newsletter was scheduled for typesetting tomorrow
and for printing on May 5. Staff indicated that the Council's recommendations
would be incorporated in the newsletter but the Council would not have another
opportunity for review. Mayor Evans requested that her recommendations be
included in the newsletter.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Mullen, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINING: 1 COUNCILMEMBERS: Lacayo
CONSIDERATION OF AN AMENDMENT TO THE CITY ORDINANCE RELATING TO BINGO GAMES:
The City Manager presented a report dated April 24 which transmitted a proposed
ordinance prepared by the City Attorney incorporating recent State legislation
relating to bingo games. Staff indicated the proposed ordinance would expand
the scope of bingo in the City and would provide additional revenues to local
non-profit organizations which conduct bingo games.
It was moved by Councilman Rowan and seconded by Councilman Coronado to order
the following Ordinance read by title only, title as follows, and to approve
the first reading of the Ordinance:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTIONS 15C-1, 15C-3, AND 15-C-5(h) OF THE CODE
OF THE CITY OF CYPRESS RELATING TO BINGO GAMES.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMEERS:
Coronado, Lacayo, Mullen, Rowan & Evans
None
None
-12-
City Council Minutes April 28, 1980
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Council-
man Rowan and seconded by Councilman Coronado to approve the Warrant List for
Warrants #54942 through #55153 in the total amount of $196,979.12. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Mullen, Rowan & Evans
None
None
SECOND READING OF ORDINANCE PERTAINING TO THE POSTING OF SERVICE STATION SIGNS:
It was moved by Councilman Rowan and seconded by Councilman Coronado to order
the following Ordinance read by title only, title as follows, and to adopt the
Ordinance:
ORDINANCE NO. 658
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING SECTION 17.39 TO THE CODE OF THE CITY OF CYPRESS
PERTAINING TO THE POSTING OF SERVICE STATION SIGNS.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Lacayo, Rowan & Evans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINING: 1 COUNCILM~MBERS: Mullen
Councilman Mullen stated he was not present for the previous Council discussions
of this matter and first approval of the Ordinance.
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 Rowan and seconded by Mayor Evans to approve
the District Warrant List for Warrants #10339 through #10376 in the total amount
of $58,963.15. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMBMBERS:
Coronado, Lacayo, Mullen, Rowan & Evans
None
None
ORAL COMMUNICATIONS: Mr. Robert Eames, Manager of the Chamber of Commerce,
informed the Council of the grand opening of Littlefield's Restaurant on Satur-
day, May ~, at 10:30 a.m.
EXECUTIVE SESSION: Mayor Evans called an Executive Session at 10:49 p.m. to
discuss matters of litigation and personnel. The meeting was called back to
order at 11:20 p.m. with all Councilmembers present.
The Council discussed the scheduling of the various workshop meetings. The
Council agreed to place consideration of the Housing Element draft on the agenda
for their May 6 meeting following their discussion with the School Board and
agreed to schedule the workshop on the Cypress Business Park for Monday, May 19,
at 7:00 p.m. and a budget workshop on Saturday, May 31 at 8:00 a.m.
ADJOURNYd~NT: [layor Evans adjourned the meeting at 11:26 p.m. to Tuesday, May
6, at 7:30 p.m. at the Cypress School District office, 9470 Moody, Cypress.
MAYOR OF THE~ OF CYPRESS
ATTEST:
~IT?' ~LERK 0~ THE CITer OF CYPRESS
-13-