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Minutes 75-05-29MINUTES OF A SPECIAL MEETING OF THE CYPRESS CITY COUNCIL HELD May 29, 1975 The special meeting of the Cypress City Council was called to order at 7:45 p.m. on Thursday, May 29, 1975 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice Frankiewich presiding. PRESENT: Councilmen Lacayo, Sonju and Frankiewich ABSENT: Councilmen Harvey and Kanel Also present were City Manager/City Clerk Darrell Essex, and the following City Staff Members: Barker, Dunlap, Hawley and Schatzeder. PLEDGE OF ALLEGIANCE: to the flag. Councilwoman Sonju led the pledge PUBLIC HEARING RE: LINCOLN AVENUE STUDY - PHASE II: Mayor Frankiewich announced that the purpose of the special meeting was to conduct a public hearing regarding the Lincoln Avenue Study - Phase II Report and she declared the hearing open and asked for the staff's report. The Planning Director introduced Mr. Alex Bell, Chairman of the Lincoln Avenue Action Committee which was established by the City Council in August of 1973 and comprised Mr. Bell, Councilman Robert Harvey, and the Planning Director. Mr. Bell commented on the need for the improvement of Lincoln Avenue and stated the implementation of the Lincoln Avenue program should benefit not only Lincoln Avenue businessmen and property owners but the entire City by improving the image of the street, increasing property values, promoting a revitalization of existing commercial areas, and attracting new business to the community. He stated the Committee did not propose the demolition of existing buildings but rec- ommended other improvements which required a substantial initial expense by the City. Mr. Bell outlined the following steps for the improvement of Lincoln: 1. The reconstruction/installation of a median along the entire length of Lincoln Avenue; 2. The installation of landscaping in the median; 3. The installation of street lights and undergrounding of utilities; 4. A resurfacing of the entire street with up to a 2"-thick blacktop cap. 5. The remodeling of the intersections of Lincoln and Denni and Valley View to eliminate dips; 6. The installation of a major storm drain westerly from Sumner Street; 7. A program for the elimination of billboards and non-conforming signs and establishment of amorti- zation periods; 8. With the cooperation of property owners and businessmen, actions such as landscape and building maintenance, painting, installation of necessary curb and gutter, closing of un- necessary driveways, relocation and/or screening of trash areas, and installation of front setback landscaping where applicable. City Council Minutes May 29, 1975 The Planning Director presented slides including aerial shots of properties along the length of Lincoln and illus- trating problems relating to disproportionate lot size, excessive signing and driveway openings, lack of curb and gutter improvements, lack of landscaping maintenance, out- side storage of materials, and slides showing different median treatments in other cities. The Planning Director advised that the Planning Commission unanimously recommended adoption by the City Council of the Lincoln Avenue Study, Phase II Report as a specific plan for the City and that separate public hearings be held to discuss the matters of signing and establish- ment of an amortization schedule, establishment of setbacks and landscape requirements, and the amendments to the Zoning Ordinance which would allow more flexibility in the types of uses permitted on Lincoln. Mr. Bell emphasized that the Committee had sought the cooperation of the Lincoln Avenue businessmen and property owners and he outlined the correspondence which was sent soliciting their comments on the improvement program. The Committee felt the May 14 meeting with the property o~ers was successful in settling differences. Mr. Bell explained some of the concerns of the property owners and indicated that many of them were not aware of the new Sign Ordinance which required more stringent controls on signing than that proposed in the Lincoln Avenue Study and which was not being enforced. Regarding setbacks, he stated that the Committee realized that a uniform setback would be difficult to apply equitably. He stated buildings presently on the property line would not have to be relocated even if the structure is modified. He outlined two options to be used in determining setbacks: Front setbacks shall be 10% of the total lot depth up to a maximum of 25 feet when the proposed landscapin~ consists of minimum 15 gallon trees, 1 gallon shrubs plus groundcover. Front setbacks shall be 6% of the total lot depth up to a maximum of 20 feet when the proposed land- scaping consists of minimum 24 inch box trees, 5 gallon shrubs plus groundcover. Councilman Lacayo inquired about cooperation from those residing in the County islands. The Planning Director responded that most of the comments were received from the area just west of Moody and supported the fact that something was finally being done to improve Lincoln Avenue. He stated that following adoption of the plan, the staff would solicit the cooperation of the County of Orange and City of Buena Park in the Study. lie indicated that he received support from both agencies on the staff level. He reported that the County indicated it would cooperate in the installation of the storm drain from Moody west to Bloomfield. The staff stated again that the Committee acknowledged the concerns of the property owners regarding the sign, setback and landscaping requirements and proposed that action not be taken on these items at this hearing but that separate public hearings be held. Mayor Frankiewich explained the conduct of public hearings and stated those in support and in opposition to the Study would be given an opportunity to speak. -2- City Council Minutes May 29, 1975 RECESS: Mayor Frankiewich called for a recess at 8:35 p.m. The meeting was called back to order at 8:45 p.m. with the following Councilmen present: PRESENT: ABSENT: Councilmen Lacayo, Sonju and Frankiewich Councilmen Harvey and Kanel Mayor Frankiewich presented a resolution to Mr. Andrew Lachina, president of the Cypress Chamber of Commerce, commending the Chamber on the May Festival and parade held May 8 11. Mayor Frankiewich asked if anyone wished to speak in favor of the Lincoln Avenue Study - Phase II Report. Mr. Henry Livingston, 5408 Hanover Street, Cypress, member of the Chamber Board of Directors, stated the Board of Directors voted at their May 19 meeting to support the adoption of the Study as presented. Mr. Hilliard Warren, 5275 Vista Real, Cypress, stated he supported the Study and felt the proposals would improve property values on Lincoln. He did not feel the setback requirement would hurt businessmen and felt the lack of parking at many of the establishments discouraged customers from visiting the businesses. No one else wished to speak in favor and Mayor Frankiewich asked if anyone wished to speak in opposition to the Study. Mr. John Theisens, representing Carson Supply Company, 4872 Lincoln Avenue, Cypress, stated he did not believe standard requirements could be imposed since there were so many different types of businesses and lot sizes and each estab- lishment has individual problems. He requested a moratorium on the sign, setback and landscaping requirements until representatives of the businessmen and property owners meet with the Planning Commission and he recommended that the businesses be assessed individually. tie stated he did not feel the Study provides the proper criteria for landscaping. The Planning Director stated one of the alternatives was to meet with the individual property owners and the Committee members indicated this could be done since there were only about 15 property owners and businessmen who still had apprehensions about the proposal. Mr. Ben Thompson, 5702 E. Lincoln, Cypress, agreed that Lincoln Avenue suffered from "stripitis". He stated that his property is adjacent to a two-story building located within 9 feet of his property line and if he is required to have a 25 foot setback his property would be obscured and would lose its marketability. Mr. Thompson stated he was a member of the original Lincoln Avenue Study Committee which supported the installation of street lights and under- grounding of utilities. He stated he supported improving the appearance of Lincoln but not at the expense of con- fiscating his property for a 25 foot setback. He felt this requirement would put some establishments out of business. Mr. Thompson felt the landscaping requirements proposed in the Study were ambiguous and unrealistic but stated he was in favor of improving the landscaping and this requirement should be studied further. He supported a meeting between the businessmen and property owners with the Action Committee. -3- City Council Minutes May 29, 1975 Mr. Fred Roth, owner of property at the northeast corner of Lincoln and Electric Street, Cypress, stated that he, Dr. Pomeroy, and Mr. Theisins were selected to represent the Lincoln Avenue businessmen and property owners at a April 21 meeting and he read a statement on behalf of the group which indicated they recognize the merits of the goals of the Lincoln Avenue Study but feel there are many conclu- sions and assumptions they don't agree with. They recommended that the City Council's resolution accepting the Study grant their request that an authorized working committee of no more than three property owners and businessmen be formed, with the three members to be selected by the Lincoln property owners and businessmen, to work with the Action Committee on further implementation of the Study. They recommended that any proposed changes should be made with the consent o~ these persons and that the setback, landscaping and sign ordinances be considered separately. In the interest of moving ahead with the project, they recommended that the Council proceed with portions of the Study relating to the storm drain installation, street resurfacing, and median alterations. Mr. Roth felt the Lincoln businessmen and property o~ers were most directly affected by the proposal and that meetings with the staff and Planning Commission had not cleared up the confusion and answered all concerns. He stated all contacts with the Lincoln Avenue representatives were made following completion of the Study and he felt Lincoln representatives should have been involved in preparing the report. He recommended that the committee of Lincoln Avenue businessmen and property owners meet and reach conclusions on the three areas of concern and present these to their entire group prior to acceptance of the Study. Mr. Roth stated he did not understand why serious action directly involving the Lincoln businessmen was undertaken without their representation. The Council indicated that the Action Committee was formed to make a concrete proposal which could be presented to and studied by the property owners and businessmen. Mr. Bell stated he opposed increasing the size of the Action Committee because he felt if too many are involved the decision making would be extremely difficult. He recommended that a subcommittee be formed composed of no more than three persons selected by the Lincoln property owners and businessmen. As an alternative, he encouraged meetings between the Lincoln representatives and Action Committee as often as necessary. Mr. Mike Whalen, owner of property at 5362 Lincoln, Cypress, stated many of the property owners had other concerns besides those relating to the signing, landscaping and setbacks and did not totally accept the Study. He recom- mended that adoption of the report be continued for further study. The Council indicated that there would be many opportunities for the property owners and businessmen to discuss separately the three areas of concern and felt redoing the Study would be a step backward. Councilman Lacayo recommended that expansion of the committee be considered at the next regular Council meeting for the benefit of Council- man Harvey who is a member of the Action Committee° -4- City Council Minutes May 29, 1975 Mr. Andrew Lachina, 5329 Vista Hermosa, Cypress, felt there had been sufficient public hearings for the Council to take action this evening. He recommended against ex- panding the Action Committee because he felt their action resulted because they are a small group. He recommended that the Lincoln businessmen and property owners appoint their own committee and that they should challenge the Action Committee if they feel its action is not in their best interests. It was moved by Councilwoman Sonju and seconded by Mayor Frankiewich to close the public hearing. The motion carried by the following roll call vote: AYES: 2 COUNCILMEN: Sonju and Frankiewich NOES: I COUNCILMEN: Lacayo ABSENT: 2 COUNCIL~N: Ilarvey and Kanel It was moved by Councilwoman Sonju and seconded by Coun- cilman Lacayo to adopt the 10-point Action Program contained in the Lincoln Avenue Study - Phase II Report as a specific plan; to initiate public hearings to consider the amortiza- tion of non-conforming signing and billboards, setback and landscaping requirements, and amendments to the Zoning Ordinance; and to place the matter regarding expansion of the Lincoln Avenue Action Committee on the agenda for the June 9 City Council meeting. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCIL~N: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILr,~N: Lacayo, Sonju and Frankiewich None Harvey and Kanel ORAL COMMUNICATIONS: There were no oral communications presented at this time. ADJOURNMENT: It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to adjourn the meeting at 10:05 p.m. to Friday, May 30, 1975 at 6:00 p.m. in the Administrative Conference Room. MAYOR OF ~HE CITY OF CYPRESS ATTE ST: ~IT~ CLE'I~K~OP THE' CITY OF CYPRESS -5-