Minutes 77-10-11
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
October 11, 1977
The regular meeting of the Cypress City Council was called to
order at 6:35 p.m. on Tuesday, October 11, 1977 in the Cypress
- City Council Chambers, 5275 Avenue, Cypress, California,
Orange
Mayor Donald Hudson presiding.
PRESENT: Councilmen MacLain, Sonju and Hudson
ABSENT: Councilman Lacayo
Also present were Darrell Essex, City Manager/City Clerk, John
Murphy, City Attorney, and the following members of the City staff:
Bryant, Davenport, Duke, Hawley, Powell and Schatzeder.
PLEDGE OF ALLEGIANCE: The Finance Officer led the pledge to
the flag.
STAFF REPORTS & DISCUSSION: At the City Manager's request, Mayor
Hudson added Item 1146 to the agenda regard ing an agreement with
the Los Alamitos County Water District. The City Manager also
requested an Executive Session for personnel and litigation matters.
PRESENTATIONS: Mayor Hudson presented a five year service pin
to Planning Director Brian Hawley and a ten year pin to Public
Works Superintendent Curt Wheaton. Employees who also received
a five year pin were: Nonon Alvarez, Gary Goldizsar and Byron
Atkinson.
-, Mr. Dan Iwata of the Cypress Recreation and Park District pre-
sented Mayor Hudson with a check on b eha If of the Nisei Week
Tennis Committee in appreciation for the District hosting a
tennis tournament last August in which there were over 400
entries. The Committee's donation also included a luggage
rack, car radios, skiis and a donation to be used towards the
purchase of a sail boat.
H was moved by Councilwoman MacLain, seconded by Councilwoman
Sonju and unanimously carried to gratefully accept the donation
from the Nisei Week Tennis Committee.
CONSIDERATION OF PROJECTS FOR REMAINING FISCAL YEAR 1976-77
URBAN, OPEN SPACE AND RECREATION PROGRAM FUND S : The Recreation
and Park Director presented a r ep or t dated October 6 and rec-
ommended that the remainder of the funds totalling $4,445 be
used for installation of an audio-paging system in the Cypress
Community Center and for refurbishment of the north and south
parking lots at Oak Kn 0 11 Park. Both proj ects were included
in the District's 1977-78 budget and since SB 174 is 75/25
funding the cost from the District's general fund would be
$1,400.
It was moved by Councilwoman MacLain and seconded by Mayor Hudson
that the City Council, acting as ex officio governing Board of
- Directors of the Cypress Recreation and Park District, ratify
the recommendation of the Recreation and Park Commission that
lij!\I- the fund balance for the fiscal year 1976-77 Urban, Open Space
and Recreation Program (SB 174) be utilized for installation
of the Cypress Community Center complex audio-paging system and
for the refurbishment (slurry seal) of both parking lots at Oak
Knoll Park.
Councilwoman Sonju stated she supported refurbishment of the
parking lots but felt the paging system was unnecessary. She
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City Council Minutes October 11, 1977
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stated ther e is no paging system at City Hall and felt the
paging system can become a source of irritation. The Recreation
and Park Director stated the communication system at the Community
Center differs from City Hall and the paging system would be
especially useful in calling maintenance personnel for the pur-
pose of accepting deliveries and showing the Community Center
to persons wishing to reserve the facilities.
The motion carried by the following roll call vote:
AYES: 2 COUNCILMEN: MacLain & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
ABSTAINED: 1 COUNCILMEN: Sonju
CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING APPLICATION
FOR STATE, URBAN AND COASTAL PARK BOND ACT OF 1976 FUND S : The
Recreation and Park Director presented a report dated October 6
indicating the Cypress Elementary School District denied the
Park District's request for development of the tennis courts at
Morris Elementary School but did support an alternate site. The
State indicated the District could change the application and not
specify a location. Staff recommended that the application read
"Cypress Recreation and Park District Tennis Complex. "
It was moved by Councilwoman Sonju and seconded by Councilwoman
MacLain that the City Council, acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park District,
adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 81
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,
APPROVING THE APPLICATION FOR 1976 STATE GRANT
MONIES FOR THE CYPRESS RECREATION AND PARK
DISTRICT COMPLEX.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
CONSIDERATION OF LEASE AGREEMENT FOR COPY MACHINE: The Recreation
and Park Director presented a report dated October 6 outlining
rental costs for two copying machines. Staff recommended entering
a lease agreement with an option to buy for the Royal Bond Copier.
Mayor Hudson asked what the maintenance costs entail for the
Royal Bond Copier in order to determine the most economical machine.
It was moved by Mayor Hudson, seconded by Councilwoman Sonju
and unanimously carried to continue this item to the next meet ing"
and request that staff obtain the add i t ional information.
CONSIDERATION OF APPROVAL OF RECREATION AND PARK DISTRICT COM-
MERCIAL WARRANT LISTS: It was moved by Councilwoman Sonju and
seconded by Councilwoman MacLain to approve the District Warrant
List for Warrants 117111 through 117219 in the total amount of
$98,178.01. The motion unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NO E S: o COUNCILMEN: None I
ABSENT: 1 COUNCILMEN: Lacayo
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hO t:
MINUTES:
It was moved by Councilwoman MacLain, seconded by Coullc11woman
Sonju and unanimously carried to approve the September 12 and
September 20 minutes.
ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to
speak in regard to any matter not on the agenda.
Mr. Ken Hulse, 5158 Cumberland Drive, Cypress, criticized a
-
comment by Council members at the last meeting denying that the
increase in the admissions tax was being used to balance the
'", budget deficit. He asked if the Race Track was adequately paying
for City services it receives and stated he did not want to sub-
sidize the track. Mr. Hulse felt the county tax assessor, and
not the Council, should be given credit for maintaining the same
property tax rate as last year. He commended the Council for
their investigation of special district taxes.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated the sign
in front of the Council Chambers advertising the EDA proj ect does
not conform with the Sign Ordinance and should be removed. The
Council indicated the signing was a requirement of the Federal
program. Mr. Hardcastle also asked if the traffic signals on
Orange Avenue could be synchronized.
CONSIDERATION OF AWARD OF CONTRACT FOR SEVEN PATROL CARS
(REPLACEMENTS) , REQUEST FOR QUOTATION 117778-14: The City
Manager presented a report from the Finance Officer dated
October 4 outlining the two bids received.
It was moved by Councilwoman Sonju and seconded by Council-
woman MacLain to accept the bid of Fletcher Jones Chevrolet,
6633 Westminster Avenue, Westminster, California, as the lowest
~""',,'" responsible bid and award them the contract in the amount of
$27,314.22. The motion unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
CONSIDERATION OF AWARD OF CONTRACT FOR ONE TRACTOR CUB WITH
ATTACHMENTS, REQUEST FOR QUOTATION 117778-07RP: The City
Manager presented a report from the Finance Officer dated
October 4 indicating bids were requested from four vendors and
one bid was received.
It was moved by Councilwoman Sonju and seconded by Council-
woman MacLain to accept the bid from McCoy Ford Tractor, l326l
Garden Grove Boulevard, Garden Grove, California, and award
them the contract in the amount of $4,923.70. The motion
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
Hearing no objections, Mayor Hudson combined Items 115, 6, 7
--'.'"" and 8 on the agenda.
In regard to Item 115, Award of Contract for One Roto-Mist Tree
Sprayer with Trailer, Request for Quotation 117778-10, the City
Manager presented a report from the Finance Officer dated Octo-
ber 4 outlining six bids received and recommending award of
contract to the lowest responsible bidder, Spray-A-Way Supply.
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In regard to Item 116, Award of Contract for Aggregate Base,
Request for Quotation 117778-06, the City Manager presented a
report from the Finance Officer dated October 5 outlining two
bids received and recommending award of contract to the lowest
responsible bidder, John B. Ewles, Inc.
In regard to Item 117, Award of Construction Survey Contract,
Valley View Street Improvements, City of Cypress Project No.
7651-10-0869, the City Manager presented a report from the
Public Works Director dated October 4 recommending that the
contract be awarded to Duca and McCoy as the lowest responsible
bidder.
In regard to Item 118, Awa r d of Contract for Valley View Street
Improvements From Lincoln Avenue to Orange Avenue and Belle
Avenue to Cerritos Avenue, City of Cypress Project No. 7651-10-
0869, the City Manager presented a report from the Pub 1 i c Works
Director dated October 4 outlining four bids received and rec-
ommending award of contract to the lowest responsible bidder,
Aman Brothers, Inc.
It was moved by Councilwoman Sonju and seconded by Council-
woman MacLain to: accept the bid of Spray-A-Way Supply and
award them the contract in the amount of $11,666.14 (I t em 115) ,
accept the bid of John B. Ewles, Inc. and award them the
contract in the amount of $6,211.60 (Item 116), accept the bid
of Duca and McCoy and award them the contract in the amount of
$4,050.00 (I tern II 7 ) , and accept the bid of Aman Brothers, Inc.
and award them the contract in the amount of $193,104.67 (Item
118). The motion unanimously carried by the following roll call
vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
CONSENT CALENDAR: Mayor Hudson 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 recommendation regarding each item. No Councilman wished
to remove an item.
Councilwoman Sonju recommended that the recommendation for Item
1122 be changed from receive and file to support for the resolution.
It was moved by Councilwoman MacLain and seconded by Council-
woman Sonju to approve Items 119 through 1130 on the Consent
Calendar. The motion unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
Item 119: Consideration of a Claim Submitted by Robert Veerin
Holm, Jr. , 5345 Hanover Drive, Cypress, California.
Recommendation: That the City Council officially deny the
subj ect claim and refer the claim to the City's Claim Adjuster,
Carl Warren and Company, for appropriate disposition.
Item 111 0 : Consideration of a Request to Proclaim the Month
of November, 1977 as Cultural Arts Month.
Recommendation: That the Mayor and City Council proclaim the
month of November, 1977, as "Cultural Arts Month" in the City
of Cypress as requested by the Southern California Community
Artists.
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Item 1111: Consideration of Employment List - Public Works
Maintenance Supervisor.
Recommendation: That the City Council approve the employment
list for the position of Public Works Maintenance Supervisor
as submitted.
Item 1112: Consideration of Orange County Division, League of
California Cities Policy in Reference to the Orange County Human
Relations Commission.
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Recommendation: That the City Council support the policy re-
garding the Orange County Human Relations Commission as prepared
and submitted to the Orange County Division by the Ad Hoc Com-
mittee on Human Relations on September 12, 1977.
Item 1113 : Consideration of City of Cypress Lighting District
112 - Ad Valorem Assessment for Calendar Year 1979.
Recommendation: That the City Council ad op t the following
Resolution by title only, title as follows:
RESOLUTION NO. 1901
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIF-
ORNIA, ORDERING THE CITY ENGINEER TO PREPARE
A MAP, PLANS, SPEC IFICATIONS, ESTIMATE AND
PRELIMINARY REPORT, PURSUANT TO THE PROVISIONS
OF DIVISION 14, PART I , STREETS AND HIGHWAYS
CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED
TO AS "STREET LIGHTING ACT OF 1919, " FOR THE
INSTALLATION OF, THE FURNISHING OF EL ECTR IC
CURRENT FOR, AND THE MAINTENANCE OF A STREET
LIGHTING SYSTEM IN SAID CITY FOR A PERIOD OF
~"'"'''''' THREE (3) YEAR S , BEGINNING JANUARY 1, 1979,
AND ENDING JANUARY 1, 1982.
Item 111 4 : Consideration of Employment List - Recreation
Specialist/Pre-School Director, Cypress Recreation and Park
District.
Recommendation: That the City Council, acting as ex officio
Board of Directors of the Cypress Recreation and Park District,
certify the employment list for the p 0 s' i t ion of Recreation
Specialist/Pre-School Director as submitted.
Item 1115 : Consideration of CETA VI Project Appropriations.
Recommendation: That the City Council appropriate CETA VI
Special Projects funds as follows:
Park Ranger Program $68,208
Nature Park Improvement Program 57,077
Police Library Trainee Program 14,933
Item 1116 : Consideration of Approval for Cost of Materials and
Repair Work to the Straight Talk Clinic.
.....,,,. Recommendation: That the City Council appropriate $780.00
from the General Fund to Account 1110-4108-521-24.
Item 1117: Consideration of Remodeling HVAC in Police Depart-
ment Addition.
Recommendation: That the City Council authorize a Delivery
Request to Bear State Air Conditioning Company for repair of
the air distribution system in the amount of $3,850.00.
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Council Minutes October 11, 1977
Item 111 8 : Consideration of Acceptance of Improvements and
Release of Bonds for Final Parcel Map 1176-1.
Recommendation: That the City Council accept the public im-
provements in Parcel Map 117 6 -1 as being satisfactorily completed
in accordance with plans and specifications and authorize the
City Clerk to release the monumentation bond and the labor and
material bond upon expiration of their required lien period,
providing no mechanic liens are filed, with the performance
bond to be held for one year from the date of acceptance to
guarantee against any defects in material or workmanship.
Item 1119 : Continuation of Consideration of Study of Cypress
Recreation and Park District Sponsorship of Community Organi-
zations.
Recommendation: That the City Council continue consideration
of this matter to the City Council meeting of October 24, 1977.
Item 1120: Consideration of Extension of Burglary Target
Hardening Grant.
Recommendation: That the City Council authorize the Mayor to
sign and the City Clerk to attest an extension of the Burglary
Target Hardening Grant to November 30, 1977.
Item 1121: Consideration of Health Inspection of Cypress Jail
Facility.
Recommendation: Receive and file.
Item 1122: Consideration of Resolution of the Orange County
Board of Supervisors Regarding Motor Vehicle Noise Emission
Control.
Recommendation: That the City Council go on record in strong
support of the Resolution.
Item 1123: Consideration of a Communication from the Cypress
School District Regarding the Request for a Lighted Tennis
Court Complex at Morris School.
Recommendation: Receive and file.
Item 1124: Consideration of Acceptance of Improvements and
Release of Bonds for Tract No. 9289.
Recommendation: That the City Council accept the public im-
provements in Tract 119289 as being satisfactorily completed in
accordance with plans and specifications and authorize the City
Clerk to release the monumentation bond and the labor and mat-
er ia1 bond upon expiration of their required lien per iad ,
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 1125: Consideration of Acceptance of Final Tract Map
No. 9837.
Recommendation: That the City Council approve Final Map 119837
and ac cep t the bond for public improvements in the am 0 u n t of
$3,200.00, which is not less than 50% nor more than 100% of
the total improvements, and authorize the City Clerk to sign
the record map.
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Item II 2 6 : Consideration of Request to EMA for Street Improve-
ment Proj ects in the County Unincorporated Ar ea, City of Cypress
Proj ect No. 7742-10.
Recommendation: That the City Council approve the Moody Street,
west side, from Crescent to Camp; Walker Street, east and west
sides, from Crescent to DeLong; Lincoln Avenue, north side,
south side, and median islands from east of Sumner to Moody,
for submittal to the Orange County Environmental Management
- Agency for inclusion in the County's 1978/79 Street Construc-
tion Program.
Item 1127: Consideration of Request to EMA for Flood Control
Proj ects.
Recommendation: That the City Council approve the submittal
of a request for the Walker Street Storm Drain, Holder Street
Storm Drain, and Orangewood Avenue Storm Drain to the Orange
County EMA for inclusion in the 1978/79 County budget.
Item 1128: Consideration of Authorization to Accept EDA Grant
and Approval of Plans and Specifications and Authorization to
Advertise for Bids on Community Facilities Improvement Project,
City Project No. 7684-90.
Recommendation: That the City Council: (1) authorize the City
Manager to sign the necessary documents accepting the Grant
offer for the Maintenance Yard Improvement Project; (2) approve
the plans and specifications for the Maintenance Yard Improve-
ment Project No. 7684-90; and (3) authorize the City Clerk to
advertise for bids with bids to be opened at 10:00 a.m. on
November 8, 1977.
Item 1129: Consideration of Public Works Director's Report on
..",.,... Public Nuisance at 5252 Orange Avenue.
Recommendation: Receive and file.
Item 1130: Consideration of Acceptance of Weed and Rubbish
Abatement of Seasonal and Recurring Weeds, Phase I.
Recommendation: That the City Council: (1) accept the work
of weed and rubb ish abatement as being satisfactorily completed
in accordance with the specifications and (2 ) adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 1902
A RESOLUTION OF THE CITY C OUNC IL OF THE CITY
OF CYPRESS CONFIRMING THE REPORT OF COSTS OF
ABATEMENT OF SEASONAL AND RECURRENT WE ED S
GROWING UPON OR IN FRONT OF CERTAIN PROPERTY
IN THE CITY OF CYPRESS, AND IMPOSING SP EC IAL
ASSESSMENTS AS LIENS ON PARCELS WITHIN THE
CITY OF CYPRESS.
CONTINUATION OF CONSIDERATION OF APPOINTMENT OF REPRESENTATIVES
TO C IV IC CENTER PROPERTY ACQUISITION STUDY COMMITTEE: The City
Manager presented a report dated October 6 outlining ten com-
~''''',. munity organization representatives who applied to
serve on
the committee. Also transmitted were the applications of four
additional persons who app 1 ied to serve.
It was moved by Councilwoman Sonju, seconded by Councilwoman
MacLain and unanimously carried to appoint the persons listed
in the staff report, the previous applicants, and Mr. James
Duncan to the committee.
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CONSIDERATION OF PROPOSED STREET NAME CHANGE: The City Manager
presented a report from the Planning Director dated October 6
which indicated the Cypress Police Officers' Association has
requested that a street name be established as a memorial to
Sergeant Donald J. Sowma. Staff recommended that a street be
designated Sowma Way in the new subdivision on Grindlay Street
opposite the Civic Center.
It was moved by Councilwoman MacLain and seconded by Mayor
Hudson to adopt the following Resolution by title only, title
as follows:
RESOLUTION NO. 1903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AUTHORIZING THE NAME OF A CERTAIN STREET
TO BE CHANGED WITHIN THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
CONSIDERATION OF GRAFFITI ON WALLS: The City Manager presented
a report dated October 6 indicating that Councilwoman Sonju
requested that the matter be placed on the agenda.
Councilwoman Sonju stated the Council has received complaints
over the last three years regarding the graffiti problem, that
she received a recent complaint, and that she noticed the
problem has increased in certain areas. She requested that
staff investigate means to deal with the problem and present
a report at the next meeting. Mayor Hudson suggested that the
staff investigate leasing the graffiti cleaning machine from
the City of Cerritos.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, suggested
that the county might purchase a graffiti cleaning machine
for use by all county cities.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was
moved by Councilwoman MacLain and seconded by Councilwoman
So nj u to approve the Warrant List for Warrants 1146631 through
1146940 in the total amount of $719,219.77. The motion unani-
mously carried by the following roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
SECOND READING OF ORDINANCE RE: ZONE CHANGE NO. 77-4, ( SOUTH-
WEST CORNER HOLDER & CERRITOS): It was moved by Councilwoman
MacLain and seconded by Councilwoman Sonju to read the following
Ordinance by title only, title as follows, and adopt the Ord-
inance:
ORDINANCE NO. 603
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING ORDINANCE NO. 559, THE
ZONING ORDINANCE OF THE CITY OF CYPRESS, BY
CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND
FROM CS-N-2A TO RS-6000 AND KNOWN AS ZONE
CHANGE NO. 77-4.
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The motion unanimously carried by the following roll ca 11 vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
SECOND READING OF ORDINANCE RELATING TO ADMISSIONS TAXES: It
was moved by Councilwoman Sonju and seconded by Councilwoman
MacLain to read the following Ordinance by title only, title
- as follows, and adopt the Ordinance:
ORDINANCE NO. 604
'1:"'"
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING SECTION 26-ll(a) OF THE
CYPRESS CITY CODE RELATING TO ADMISSIONS TAXES.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNC ILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
CONSIDERATION OF AN AGREEMENT WITH THE LOS ALAMITOS COUNTY
WATER DISTRICT FOR SEWER CONNECTIONS: The City Manager pre-
sented a report from the Public Works Director dated October 6
which recommended that the City enter an agreement with the
Los Alamitos County Wa t er District for sewer connections for
two developments. Under the agreement, a 12 acre parcel on the
south side of Cerritos Avenue east of Bloomfield Street would be
connected to the City of Cypress' Cerritos Avenue sewer, and the
30 acres of industrial property at the northeast corner of
Walker and Katel1a would be connected to the Kate1la Avenue
sewer in the Los A1amitos County Water District. The connection
- fee for both properties was agreed to be $50/1000 square feet
of building.
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It was moved by Councilwoman Sonju and seconded by Councilwoman
MacLain that the City Council: (1) authorize submittal of a
formal request to L.A.C.W.D. for connection of approximately
30 acres to the L.A.C.W.D. Kate1la Avenue sewer; ( 2) approve
the request of L.A.C.W.D. for connection of the parcel to the
City's Cerritos Avenue sewer; and ( 3) authorize execution of an
agreement between the City and L.A.C.W.D. for the sewer connec-
tions described in the staff report, subject to approval of the
agreement by the City Attorney. The motion unanimously carried
by the following ro 11 call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
EXECUTIVE SESSION: Mayor Hudson called an Executive Session
for matters of litigation and personnel at 7: 50 p.m. The meeting
was called back to order at 8:24 p.m. with Councilman Lacayo
absent.
CONTINUATION OF PU BL I C HEARING RE: HYATT DIE CAST: Mayor Hudson
opened the public hearing and asked for the staff report.
I",,"'"
The City Manager presented a report from the Planning Director
dated October 6 which indicated a meeting was held between Hyatt,
City and neighborhood representatives on October 5 in which the
committee reviewed the business operations, resident complaints
and conditions of the conditional use permit. Staff recommended
that the hearing be continued to allow for another committee
meeting and that funds be authorized to conduct a noise study
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316
on the Hyatt property. Staff indicated they are also investi-
gating the hiring of an engineering firm to measure the extent
of vibrations at Hyatt Die Cast.
It was moved by Councilwoman Sonju and seconded by Councilwoman
MacLain to continue the public hearing to the October 24 meeting
and approve an appropriation of $1500 for the noise study. The
motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MS. JOANNE
M. VANDEUSEN ON BEHALF OF WORLD WIDE PRODUCTS, INC. : Mayor
Hudson opened the public hearing and asked for the staff report.
The City Manager presented a report dated October 6 regarding
the application for a permit to allow door to door solicitation
of Mix-I-Go Concentrate, a gasoline additive. The Police Depart-
ment investigation found no basis for denial.
Mayor Hudson asked if the applicant wished to speak.
Ms. Joanne VanDeusen, 12921 Dale Street, #82, Garden Grove,
reported the product, used to extend mileage and get a better
burn of gas to reduce maintenance, has been on the market for
over 35 years and is now being marketed on a retail basis.
Mayor Hudson asked if anyone wished to speak in favor. No one
wished to speak in favor. He asked if anyone wished to speak
in opposition.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, asked if there
was a way to stop the growth of door-to-door solicitors. He
stated there are many gasoline additives already on the market
and many have been proven to be harmful to engines. He ques-
tioned the Council's ability to determine whether a product is
injurious to the public health, safety .and welfare. The City
Attorney indicated that the Council's approval of a permit is
not endorsement of a product and in the absence of adverse evi-
dence the Council must grant the permit. He stated the Council
could not prohibit door-to-door solicitation as long as the
appropriate City Code findings are made to protect the public
health, safety and welfare. He felt the present level of door-
to-door solicitation in the City was not a problem but if it
was a problem the Council could probably impose a limitation on
the number of permits granted.
It was moved by Councilwoman Sonju and seconded by Councilwoman
MacLain to close the pub 1 i c hearing and approve the special
permit for Ms. Joanne VanDeusen with solicitation hours to be
9 a.m. to 6 p.m. , Monday through Saturday. The motion unani-
mously carried by the following roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOE S : 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
PUBL IC HEARING RE: ABANDONMENT NO. 77-3, PORTION LOT "A", ETHEL
AND JUL IE BETH STREETS, TRACT NO. 5930: Mayor Hudson opened the
public hearing and asked for the staff report.
The City Manager presented a report from the Public Works Director
which indicated the portion of Lot "A" between the ends of Ethel
and Julie Beth Streets in Tract 115930 was required to be aban-
doned in favor of the property owners in Tract 115930 as a condition
of approval for development of Tract 119624 to the north. The
portion of Lot "A" crossing Ethel and Julie Beth will be retained
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City Council Minutes OGtober 11, 1977
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for street purposes as part of the cul-de-sacs which will be con-
structed on those streets by the developer of Tract 119624. The
staff presented a map outlining the easement.
Mayor Hudson asked if anyone wished to speak in support of the
proposed abandonment.
Mr. William Schaper, 9173 Ethel Street, Cypress, stated he was
speaking on behalf of two of the property owners who are involved
~ who could be He stated that before the dairy was
not present.
abandoned and the property zoned and developed for Tract 119624,
it was already stipulated that the eight-foot-wide easement
would revert to the four property owners in Tract 115930.
Mayor Hudson asked if anyone wished to speak in opposition. No
one wi sh ed to speak in opposition.
It was moved by Councilwoman Sonju and seconded by Councilwoman
MacLain to close the public hearing and adopt the following
Resolution by tit Ie only, title as follows:
RESOLUTION NO. 1904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS VACATING THE PORTION OF LOT "A",
ETHEL STREET AND JULIE BETH STREET, TRACT
NO. 5930.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
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PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 77-1,
CONDOMINIUM CONVERSION ORDINANCE: Mayor Hudson opened the public
\lit. hearing and asked for the staff report.
The Planning Director presented a report dated October 4 which
transmitted various materials to the Council including a survey
which staff was directed to undertake on other cities' procedures
regulating condominium conversions and a supplemental report
describing the impact of conversions on the City's housing stock.
The Planning Commission on August 18 reaffirmed their support of
the ordinance as previously transmitted to the City Council.
Mayor Hudson asked if anyone wished to speak in support of the
condominium conversion ordinance. There was no one wishing to
speak in favor. He asked if anyone wished to speak in opposition.
Mr. David Recupero, representing the Daon Corporation, 1300 Quail,
Newport Bea ch, stated the company's position is documented in
their report to the City Council. He stated the ordinance would
physically and economically preclude conversion of their apart-
ment project at Holder and Ball and would preclude conversion
of all other existing apartments in the City. He stated they
feel conversion of their project would be an asset to the City
and immediate neighborhood and he transmitted a petition and
letters of support from residents adjacent to their project to
a modification of the ordinance. Mr. Recupero felt their project
should be weighed on its own merits and not compared to proj ects
in other cities. He stated the ir problem is with the sewer require-
ment of the ordinance. Mr. Recupero read a letter from U. S.
Affiliate, a property management firm which manages an apartment
conversion project in Tustin similar to Daon's project, which
indicated they have had no problems over the past two years in
having a common sewer line in each building which contains seven
j condominium units. Mr. Recupero stated conversion of their proj ect
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, <, i 31Bity Council Minutes October 11, 1977
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would provide medium priced housing for the community. Mr.
Recupero agreed that the variance procedure offered by the ord-
inance would be an option for conversion of their project.
Mr. Howard Rowen, 5831 Shirl Street, Cypress, stated he supported
the ordinance and the need to set standards for conversions. He
indicated variances can be requested for exceptions.
It was moved by Councilwoman MacLain and seconded by Councilwoman
Sonju to close the public hearing, support the Planning Commis-
sion's decision, order the following Ordinance read by title only,
and approve the first reading of the Ordinance:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNC IL OF THE CITY
OF CYPRESS AMENDING ORDINANCE NO.559 , THE
ZONING ORDINANCE, TO PROVIDE FOR THE INCLUSION
OF CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
AMONG THE PERMITTED USES IN THE MULTIPLE
RESIDENTIAL ZONE OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
PUBLIC HEARING RE: APPEAL OF CONDITIONAL USE PERMIT NO. 77-19,
PIONEER BIBLE CHURCH: Mayor Hudson opened the public hearing
and asked for the staff report.
A verbatim transcript of the public hearing is on file in the
City Clerk's office.
The Planning Director presented a report dated October 4 indi-
cating the Planning Commission, on September 1, approved the
conditional use permit which would provide for the temporary
establishment of a church on a portion of the former Van Hunnick
Dairy property located at 9141 Valley View Street. Approval of
the permit was for a one year period and subject to three condi-
tions. Establishment of the church would require removal of the
existing Art Barn commercial use from the dairy building in order
to accommodate the church. He indicated the Pioneer Bible Church
has a membership of ab ou t 30 to 35 and requested the permit until
a more suitable, permanent location can be found.
Mayor Hudson s tat ed his reason for appealing the matter was to
allow a policy determination by the Council. He stated his concern
was in granting a permit for a non-commercial use on commer cia 11y
zoned property which is located on a major highway being improved
for the purpose of increasing commercial potential. He stated
the proposed use would remove a commercial use which has operated
as a sales tax generator on the property. Mayor Hudson asked if
anyone wished to speak in favor of granting the permit.
Reverend Don Eli e , 6441 San Marcos Way, Buena Park, stated the
facility would be adequate only on a temporary basis and they
are already seeking a permanent facility in the gener a1 ar ea .
Councilwoman MacLain addressed several questions to the City
Attorney regarding the City's ability to enforce the one year
approval period to ensure that the church use does not remain
on the property longer than one year. The City Attorney indi-
cated that the church could request renewal of the permit after
the one year period has expired, and that if this particular
applicant vacates the property prior to the expiration of the
cst. use permit, another church use could fulfill the remainder of
the year period under the same use permit.
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City Council Minutes October 11, 1977
Reverend E1ie stated they have no intention of remaining on the
property longer than a year and the property owner has no inten-
tion of leasing the facility for longer than a year. He stated
he would not challenge the City's authority and that he would
accept whatever decision the Council makes.
Mayor Hudson asked if anyone else wi sh ed to speak in favor.
- Ms. Wilhemina Van Hunnick, representing the property owner, 9141
Valley View Street, spoke in support of granting the permit. She
felt the City would not lose a great amount of sales tax revenue
which is generated from the Art Barn facility. She indicated
that increased rental income from the church use would help pay
for property taxes. She stated they have no intention of granting
the church a permanent lease on the property and the family has
no current plans for commercial development on the entire property.
She felt the church would be beneficial to the welfare of the
community.
Councilwoman Sonju suggested an additional fourth condition in
response to the Council's concern that the church use may remain
on the property for over a year and discourage potential commer-
cial use: No development shall occur on the subject property for
so long as the facility is being used as a church.
Mayor Hudson asked if anyone else wished to speak in support.
Ms. Elizabeth Van Hunnick, 9141 Valley View, Cypress, stated she
wanted to stress that the church use would only be temporary and
that the family is interested in developing the property commer-
cially. She indicated they would like a better return from the
rental to help pay the taxes on the property.
Mr. Joe Hardcastle, 4588 Blanca Drive, C yp res s , stated churches
need to locate on a main street. He felt the City policy has
been to zone churches out since there is no church zone and
although the residential zones permit churches they are incom-
patible with residences. He expressed support for the Bible church.
Councilwoman Sonju stated an advantage with a church use is that
persons attending church from outside of the community usually
patronize commercial establishments near the church.
Councilwoman Sonju moved to close the public hearing and uphold
the decision of the Planning Commission to approve Conditional
Use Permit 1177-19 subject to the three conditions recommended by
the Commission and the fourth condition which she suggested.
Councilwoman MacLain discussed her concerns about allowing a non-
commercial use on the property, its impact on commercial potential,
and the possibility of the church becoming a permanent use on the
property. Councilwoman Sonju felt the fourth condition would
prevent the church from becoming a permanent use and safeguard
future commercial use. She stated she would be able to make the
necessary findings for the granting of the conditional use permit
and noted that the Planning Commission found the use would have
no adverse impacts on the neighborhood.
The Council discussed the fourth condition and staff clarified
for the app 1ican t and property owner how it would relate to future
development of the property. Staff indicated that any future use
on the property would require a use permit and one of the condi-
tions of that use permit could require a modification of the
conditions of the church's permit.
Mr. Ken Hulse, 5158 Cumberland Drive, Cypress, asked that the
Council give serious consideration to the wishes of the property
owner.
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City Council Minutes October 11, 1977
Councilwoman MacLain suggested that she would second the motion
if it included a requirement that a transcript of the public
hearing be attached to the conditional use permit. Council-
woman Sonju agreed with this suggestion.
The motion to close the public hearing, approve Conditional Use
Permit 1177-19 subject to the three conditions recommended by the
Planning Commission and the fourth condition suggested by Coun-
cilwoman Sonju, attach a transcript of the public hearing to
Conditional Use Permit #77-19, and ad op t the following Resolu-
tion by title only, title as follows, was seconded by Council-
woman MacLain:
RESOLUTION NO. 1905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING CONDITIONAL USE PERMIT
NO. 77-19, WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
RECESS: Mayor Hudson called a recess at 10:35 p.m. The meeting
was called back to or d er at 10:45 p.m. with Councilman Lacayo
absent.
The City Manager recommended that the City Council adopt an
urgency ordinance to amend urgency Ordinance 11602 since the
Council's zoning recommendations for the Walker Street Study
Area differed from those of the Planning Commission.
It was moved by Councilwoman MacLain and seconded by Council-
woman Sonju to add the item to the agenda, order the following
Ordinance read by title only, title as follows, and adopt the
Ordinance:
ORDINANCE NO. 605
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING AND CLARIFYING URGENCY
ORDINANCE NO. 602 AND DIRECTING THE DIRECTOR OF
PUBLIC WORKS TO REFRAIN FROM THE ISSUANCE OF
BUILDING PERMITS IN THE AREA KNOWN AS THE "WALKER
STREET STUDY AREA" UNTIL FINAL DETERMINATION ON
THE LAND USE FOR THAT AREA MAY BE MADE.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson
NOES: o 'C OUNC ILMEN : None
ABSENT: 1 COUNCILMEN: Lacayo
ADJOURNMENT: It was moved by Councilwoman MacLain, seconded by
Councilwoman Sonju and unanimously carried to adjourn the meeting
at 10:45 p.m. {J
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ATTEST:
OF CYPRESS
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