Minutes 80-05-12MINUTES OF A REGULAR MEETING OF
THE CYPRgSS CITY COUNCIL
HELD
May 12, 1980
The regular meeting of the Cypress City Council was called to order at 6:30 p.m.
on Monday, May 12, 1980 in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Vickie Evans presiding.
PRESENT:
ABSENT:
Councilmembers Coronado, Mullen, Rowan & Evans
Councilman Lacayo
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City
Attorney, and the following C~ty staff members: Davenport. DeCarlo,
Duke, Lamm, Powell and Schatzeder.
PLEDGE OF ALLEGIANCE: Mayor Evans led the pledge to the flag.
ORAL COMMUNICATIONS: Mayor Evans asked if anyone wished to speak in regard to
any matter which was not on the agenda.
Mr. Donald Hudson, 6153 Lawrence, Cypress, reported on the Cypress Lions Club's
plans to sponsor a Cypress Day Parade on November 22 in conjunction with Cypress
Day at the Fall Fair and requested that this matter be placed on the next City
Council agenda. He indicated that he will forward further information for
presentation to the Council at that time.
Mayor Evans made a presentation of a community service plaque to former Councilman
Don Hudson in appreciation for his service on the City Council.
COUNCILMAN LACAYO ARRIVED AT 6:35 P.M.
MINUTES: It was moved by Councilman Mullen, seconded by Councilman Coronado and
unanimously carried to approve the minutes of April 28.
STAFF REPORTS & DISCUSSION: The City Manager transmitted information to the
City Council with regard to the bank robbery which occurred over the weekend
and publicity which the City received. He requested an Executive Session for
matters of litigation.
The City Manager requested that Items #1 and 2 on the agenda be considered
together.
cONSIDERATION OF AWARD OF CONSTRUCTION SURVEY CONTRACT, KATELLA AVENUE SANITARY
SEWER~ PROJECT #7671-90; AND CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUC-
TION OF THE KATELLA AVENUE SANITARY SEWER FROM LEXINGTON DRIVE (DENNI STREET) TO
910 FEET EAST OF W~kLKER STREET~ CITY OF CYPRESS PROJECT #7671-90: The City Mana-
ger presented reports from the Public Works Director dated May ! which outlined
the bids received for the above two projects and outlined funding sources.
Staff recommended that both these items be continued to the workshop meeting
on May 19.
It was moved by Councilman Lacayo, seconded by Councilman Mullen and unanimously
carried to continue the two items to the M~y 19 meeting.
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 l~sted on the agenda.
It was moved by Councilman Lacayo and seconded by Councilman Mullen to approve
Items #3 through #15 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
City Council Minutes
May 12, 1980
Item #3: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consid-
eration by Title Only and to Waive Further Reading.
Item #4: Consideration of Application for Off-Sale General Alcoholic Beverage
License Filed by Gerald R. Ramos, DBA Jerry's Liquor, 6330 Lincoln, Cypress.
Recommendation: Receive and file.
item #5: Consideration of Application for On-Sale Beer Alcoholic Beverage
License Filed by William W. Bauer and Dolores E. Bauer, DBA Granny's Grotto,
4356 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item #6: Consideration of Application for On-Sale General - Public Eating Place
Type "47" Alcoholic Beverage License Filed by California Cuisine, Ltd., DBA
O'Keefe, Mione & Yee, 4300 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item #7: Consideration of Verified Claim for Damages Filed by Mr. Keith L. Toler.
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 Acceptance of Improvements and Release of Bonds for
Tract #10609 (Walker Street, West Side, North of Orange Avenue).
Recommendation: That the City Council accept the public improvements in Tract
#10609 as being satisfactorily completed in accordance with the Plans and Speci-
fications and authorize the City Clerk to release the Monumentation Bond and the
Labor and Material Bond upon expiration of their required lien periods, providing
no mechanic liens are filed, with the Performance Bond to be held for one year
from the date of acceptance to guarantee against any defects in material or
workmanship.
Item #9: Consideration of Request to Proclaim the Week of May 18-24, 1980 as
National Public Works Week.
Recommendation: That the Mayor and City Council officially proclaim the week
of May 18-24, 1980 as "National Public Works Week" in the City of Cypress.
Item #10: Consideration of Resolution Commending Boy Scout Steven A. McCormick
on Achieving the Rank of Eagle Scout.
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 2225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING BOY SCOUT STEVEN A. MCCORMICK ON ACHIEVING
THE RANK OF EAGLE SCOUT.
Item #11: Consideration of Proclaiming May, 1980, as Older Americans Month.
Recommendation: That the Mayor and City Council officially proclaim the month
of May, 1980, as "Older Americans Month" in the City of Cypress as requested.
Item #12: Consideration of Communication from Mr. A1 Witt, District Manager
of the Automobile Club of Southern California, Requesting the Council to Support
HR 6466 Which Would Repeal the Requirement that State Implementation Plans
Provide for Periodic Inspection and Testing of Motor Vehicles.
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City Council Minutes
May 12, 1980
Recommendation: That the City Council authorize the staff to notify the appro-
priate Federal Legislators of the City Council's support of HR 6466 which elim-
inates the mandatory requirement of vehicle inspection and maintenance program
in California.
Item #13: Consideration of Acceptance of Donation to the Cypress Recreation &
Park District.
Recommendation: That the City Council, acting as the ex officio Board of Dir-
ectors of the Cypress Recreation & Park District, officially accept the donation
of a pool table from Mr. and Mrs. Jerry Brodeur and authorize staff to transmit
a letter of appreciation to the Brodeurs for their generous gift.
Item #14: Consideration of Acceptance of the Construction of Three Lighted
Tennis Courts at the Cypress Civic Center, 5275 Orange Avenue, Cypress, Calif-
ornia; Cypress Recreation & Park District Project #76-30062.
Recommendation: That the City Council, acting as the ex officio Board of Dir-
ectors of the Cypress Recreation & Park District, accept the construction of
the three lighted tennis courts located at the City of Cypress Civic Center,
5275 Orange Avenue, as being satisfactorily completed in accordance with the
Plans and authorize the City Clerk to release the Labor and Material Bond upon
expiration of the required lien period providing no liens have been filed, and
authorize release of the Faithful Performance Bond in one year providing no
defects in material or workmanship become evident.
Item #15: Consideration of Information For and Against Proposition 11.
Recommendation: Receive and file.
CONTINUATION OF CONSIDERATION OF PUBLICATION OF RESOLUTION NO. 2206 CONDEMNING
THE DISPLAY AND SALE OF DRUG PARAPHERNALIA TO MINORS: The City Manager presented
a report regarding this matter dated May 8. He reported that the Bowers Home-
owners' Association contributed a check for $25.00 in support of the Resolution
and a letter of support was received from the Cypress Junior Women's Club.
Mr. Essex reported that staff visited the record store today and, following
the modifications made to the store, it appears the store is in conformance
with the City's ordinance. Mr. Essex reported the interior was the same as
inspected two weeks ago: the display was blocked off from the general public,
the owner had posted two signs prohibiting minors under 18 from entering and
an interior sign prohibiting purchases by those under 18, and the owner was
completing the permanent 8-foot-high wall barrier. The City Attorney recommended
that the resolution be revised to delete the statements concerning the store
which are no longer accurate.
It was moved by Councilman Rowan and seconded by Councilman Lacayo to direct
staff to revise the resolution by deleting the specific reference to the record
store and addressing the Council's concern over the general problem of drugs
and paraphernalia sales to the community at large. Councilman Rowan recommended
that "especially to minors" be included in the language. Mayor Evans also
requested the information concerning publication of the resolution for the May
27 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
CONSIDERATION OF NOISE GENERATED FROM TRUCK DELIVERIES AT THE CYPRESS PLAZA
EAST SHOPPING CENTER: The City Manager presented a report dated May 8 indi-
cating a communication was received from Mr. Donald Kennedy regarding the re-
occurrence of a noise problem relating to truck deliveries at the rear of the
shopping center at Valley View and Ball Road. Mr. Essex stated the Chamber of
Commerce and representatives of the shopping center were requested to be present.
Councilman Coronado stated he visited the Kennedy family last night and Mr.
Kennedy was unable to attend tonight's meeting.
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City Council Minutes
May 12, 1980
Mr. Robert Eames, Manager of the Chamber of Commerce, 9471 Walker, stated the
Chamber still opposes the enactment of an ordinance which would apply to the
entire City when a single problem exists which can be rectified on its own.
He stated the Chamber previously requested to be notified of noise incidents
and it has not been contacted. Mayor Evans stated Mr. Kennedy's letter reported
truck deliveries before 8:00 a.m.
Mr. A1 Smith, Store Director of Albertson's, held discussion with the Council
on the truck delivery schedules and noise problem. Mr. Smith reported that
Albertson's opens its receiving doors no earlier than 6:00 a.m. The smaller
vendors make early morning deliveries and the larger trucks do not deliver until
later. He stated he would like to cooperate and meet with the property owner
to resolve the problem.
Councilman Coronado reported he visited the Kennedy residence and there is a
real noise problem since the alley behind the stores echoes the noise. He
suggested that Mr. Smith visit the Kennedy's residence and work out a solution.
Councilman Rowan suggested that the Chamber sponsor a meeting between the home-
owners and representatives of the shopping center.
Mr. Darrell Carlson, Store Director for Mervyn's, stated he was not aware of a
current noise problem and had not been advised of one by Mr. Kennedy. He stated
Mr. Kennedy has his home telephone number and was to call if there were noise
problems.
The Council agreed to have Councilman Coronado act as the City's representative
in the meeting.
It was moved by Councilman Rowan and seconded by Councilman Coronado to request
the Chamber to sponsor a meeting between the property owners, store representa-
tives and Councilman Coronado as the City's representative to resolve the noise
problem in the Cypress Plaza East Shopping Center. 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
PUBLIC HEARING RE: MODIFICATION TO CONDITIONAL USE PERMIT #78-12 AND TENTATIVE
TRACT MAP #10903 - 5601 - 5611 NELSON STREET: The Planning Director presented
a report dated May 7 describing the application to modify a previously approved
conditional use permit to allow construction of four condominium units in lieu
of the four approved apartment units at 5601 through 5611 Nelson Street in the
RS-6,000 (DI) Residential Single-Family/Density Incentive Zone. Mr. Lamm
reported the building construction complies with the City's condominium regula-
tions and also blends with the architectural design of neighboring properties.
Mr. Lamm presented slides of the subject property, the plot plan and elevations.
Mayor Evans opened the public hearing and asked if the applicant wished to speak.
Mr. James Glenn, 4053 Larwin, Cypress, stated the aim of their project is to
create affordable housing in the area.
Mayor Evans asked if anyone wished to speak in favor or in opposition to the
application. There was no one who wished to speak in support or opposition.
It was moved by Councilman Rowan and seconded by Councilman Coronado to close
the public hearing and adopt the following Resolutions by title only, titles
as follows:
RESOLUTION NO. 2226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 78-12 -
WITH CONDITIONS.
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City Council Minutes
May 12, 1980
RESOLUTION NO. 2227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 10903 - WITH CONDITIONS.
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
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-10~ SYSTEM REEFER SERVICE~ INC.,
4614 LINCOLN AVENUE: The Planning Director presented a report dated May 7
describing the application to expand the existing System Reefer Service truck
maintenance and storage facility onto an adjoining parcel of land located at
4600 Lincoln Avenue in the CH (LC) Commercial Heavy/Lincoln Avenue Combining
Zone. Mr. Lamm presented the plot plan and slides of the property. Staff
recommended approval of the permit subject to 12 conditions.
Mayor Evans opened the hearing and asked if the applicant wished to speak.
Mr. Lewis Stokes, the applicant, 5842 Ludlow, Garden Grove, responded to ques-
tions from the Council concerning their operation. He reported the expansion
would be of trailer storage only and the hours of operation would remain the
same: 7:30 a.m. to 4:30 p.m. He reported the trucks are washed on the side
of the building facing Hyatt Die Cast.
Mayor Evans asked if anyone wished to speak in support or in opposition to
the application. No one wished to speak in support or in opposition.
It was moved by Councilman Lacayo and seconded by Councilman Mullen to close
the public hearing and adopt the following Resolution by title only, title as
follows:
RESOLUTION NO. 2228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 80-10 - WITH CONDITIONS.
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
PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-11, JERRY'S LIQUOR STORE~ 6330
LINCOLN AVENUE: The Planning Director presented a report dated May 6 indicating
an application was submitted to allow establishment of a new retail liquor store
at 6330 Lincoln Avenue in the CH-Commercial Heavy Zone. Staff reported that
they discovered this use is a permitted one in the CH Zone and recommended that
the application be withdrawn. Staff also recommended that the matter of permitting
liquor stores as a matter of right in the CH Zone be reviewed by the Council.
The City Council agreed to receive and file the application and to consider the
matter of l~quor stores as permitted uses in the CH Zone at the time of the
Zoning Ordinance update.
CONSIDERATION OF PRELIMINARY REPORT FOR THE CYPRESS LIGHTING DISTRICT #2~ 1980:
The Public Works Director presented a report dated April 28 which recommended
the adoption of four Resolutions pertaining to the Lighting District for calendar
year 1980. The Public Works Director reported a correction should be made to
page one of the preliminary report to reflect that the three annexations are
proposed for the beginning of fiscal year 1980-81 and not calendar year 1980.
It was moved by Councilman Lacayo and seconded by Councilman Mullen to adopt
the following Resolutions by title only, titles as follows:
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City Council Minutes
May 12, 1980
RESOLUTION NO. 2229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING CERTAIN PORTIONS OF THE CYPRESS LIGHTING DISTRICT
OF ORANGE COUNTY LOCATED WITHIN THE BOUNDARIES OF THE CITY
OF CYPRESS TO BE WITHDRAWN FROM SAID DISTRICT.
RESOLUTION NO. 2230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVING THE
PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT
TO THE REQUIREMENTS OF RESOLUTION NO. 2218 OF SAID COUNCIL.
RESOLUTION NO. 2231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, DECLARING ITS
INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN
STREETS IN THE CITY OF CYPRESS TO BE INSTALLED AND MAINTAINED
AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM
FOR A PERIOD OF TWO (2) YEARS BEGINNING JANUARY 1, 1980,
TOGETHER WITH ANNEXATION NO. 19, ANNEXATION NO. 20, AND
ANNEXATION NO. 21, WHICH STREET LIGHTING SYSTEM IS TO BE
ANNEXED TO THE CYPP. ESS LIGHTING DISTRICT NO. 2.
RESOLUTION NO. 2232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIME
AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED
IMPROVEMENT REFERRED TO IN RESOLUTION OF INTENTION NO. 2231
AND DIRECTING THE CITY CLERK OF SAID CITY OF CYPRESS,
CALIFORNIA, TO GIVE NOTICE OF SAID HEARING.
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
CONSIDERATION OF APPROVAL OF COM>fERCIAL WARRANT LIST: It was moved by Council-
man Lacayo and seconded by Councilman Mullen to approve the Warrant List for
Warrants #55154 through #55290 in the total amount of $662,354.34. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Muilen, Rowan & Evans
None
None
SECOND READING OF ORDINANCE RELATING TO THE SALE OF SAFE & SANE FIREWORKS:
It was moved by Councilman Lacayo and
the following Ordinance read by title
the Ordinance:
seconded by Councilman Mullen to order
only, title as follows, and to adopt
ORDINANCE NO. 659
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 SANE FIREWORKS.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
1 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Coronado, Lacayo, Mullen & Evans
Rowan
None
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City Council Minutes
May 12, 1980
SECOND READING OF ORDINANCE RELATING TO BINGO GAMES: It was moved by Councilman
Lacayo and seconded by Councilman Mullen to order the following Ordinance read
by title only, title as follows, and to adopt the Ordinance:
ORDINANCE NO. 660
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTIONS 15C-1, 15C-3, AND 15C-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 COUNCILMEMBERS:
Coronado, Lacayo, Mullen, Rowan & Evans
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 Councilman Mullen
to approve the District Warrant List for Warrants #10377 through #10412 in the
total amount of $102,325.87. 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
ORAL COMMUNICATIONS: No oral communications were presented at this time.
EXECUTIVE SESSION: Mayor Evans called an Executive Session at 7:39 p.m. for
matters of litigation. The meeting was called back to order at 8:16 p.m. with
ali Councilmembers present.
ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Rowan
and unanimously carried to adjourn the meeting at 8:16 p.m. to Monday, May 19,
at 7:00 p.m. in the Administrative Conference Room.
~YOR' OW T~ ~F CYPRESS
ATTEST:
· ~-~ ~ ~ ~-~L'
CITY CLERK~ ~ ~HE~CITY OF CYPRESS
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