Minutes 76-01-12
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MINUTES OF A REGULAR MEET ING OF
THE CYPRESS CITY COUNC IL
HELD
January 12, 1976
The regular meeting of the Cypress City Council was ca 11 e d
to order at 6: 35 p.m. on Monday, January 12, 1976 in the
Cypress City Council Chambers, 5275 Orange Avenue, Cypress,
California, Mayor Alice Frankiewich presiding.
PRESENT: Councilmen Harvey, Lacayo, Sonju and
Frankiewich
ABSENT: Councilman Kanel
Also present were City Manager/City Clerk Darrell Essex,
City Attorney John Murphy, and the following members of
the Ci ty Staff: Bryant, Charkow, Duke, Dunlap, Hawley and
Schatzeder.
PLEDGE OF ALLEGIANCE: City Attorney John Murphy led the
pledge of allegiance to the flag.
COUNCILMAN KANEL ARRIVED AT 6:40 P.M.
MINUTES:
It was mo ve d by Councilman Kanel, seconded by Councilwoman
Sonju and unanimously carried to approve the December 8
and December 22, 1975 minutes.
STAFF REPORTS & DISCUSSIONS: The City Manager requested
an Executive Session for matters of personnel and litigation.
CONSIDERATION OF PRESENTATION OF SERVICE PINS: The City
Manager repor te d that the Cypress Recreation and Park
Di s tr i c-r, employees were not in at te ndan ce and the Council
continued this item until the next meeting.
CONSIDERATION OF AWARD OF COllTRACT FOR A TWO-YEAR PERIOD
TO SUP PL Y & LAUNDER UNIFORMS, REQUE ST FOR QUOTATION #7576-39:
The City Manager presented a report from the Finance Director
dated January 8 which outlined the three bids received.
It was moved by Councilman Lacayo and se conde d by Council-
woman Sonju to accept the bid from Prudential Overall Supply
as the lowest responsible bidder and award them the contract
for a two ( 2) year period at a fixed pr ic e in an amount
not to exceed $15,424.24. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Kane 1, Lacayo, Sonju
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ORAL COMMUNICATIONS: Mayor Frankiewich asked if anyone
wished to speak in regard to any matter wh ich was not on
the agenda.
Mr. Do na 1 d Hudson, 6153 Lawrence Street, Cypress, presented
the Council with a report regarding Item #34, consideration
of an amendment to the Zoning Ordinance.
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City Council Minutes January 12, 1976
CONSIDERATION OF AWARD OF CONTRACT FOR A TWO-YEAR PERIOD
TO SUPPLY & LAUNDER UNIFORMS (RECREATION & PARK DISTRICT) ,
REQUEST FOR QUOTATION #7576-39: The City Manager presented
a report from the Finance Director da te d January 8 outlining
the thre e bids received.
It was moved by Co une ilwoman Sonju and seconded by Co uncil-
man Lacayo that the City Council, ac ting as ex officio Board I
of Directors of the Cypress Recreation and Park District,
accept the bid from Prudential Overall S uppl y as the lowest
responsible bid de r and award them the contract for a two
(2 ) year period at a fixe d price in an amount not to exceed
$4,193.28. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CONSENT CALENDAR: Mayor Frankiewich announced that all
items listed on the agenda under "Cons en t Calendar" were
to be considered as routine and enacted by one motion
approving the recommendation regarding each item. She
asked if any Councilman wished to remove an item.
The City Manager reported that t.he staff wished to change
the recommendation on Item #15, consideration of opposition
to a var iance application submitted by Radco, Inc. to the
City of Stanton. He reported that the staff had reviewed
the development plans which were similar to the plans sub-
mitted to the City of Cypress for this same R-l development.
The staff recommended that a letter be sent to the Stan ton
Planning Commission outlining the conditions which the
City opposed when the application was pre sen te d to the City
of Cypress instead of sending a staff member to the Stanton
Planning Commission meeting.
The City Manager also gave corrected account numbers for
Items #4 and #5.
Co une i Iman Kanel asked that I tern 15 be removed; Co un c i lma n
Harvey asked that Item #13 be removed; Councilman Lacayo
ask e d that I tern #4 be reMoved.
It was moved by Councilman Lacayo and seconded by Councilman
Kanel to approve I terns #5 through 25 on the Consent Calendar
with the exception of Items #4, 13 and 15. The motion unani-
mously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
I tern #5 : Consideration of Approval of Plans and Specifica-
tions and Authorization to Advertise for Bids for Landscaping
Valley View S tre et Median from Ball Road to Belle Ave n ue and
Ball Road Median from Valley View S tre et to 400 Feet West
of Valley View Street, City of Cypress Project #7629-90.
Recommendation: That the City Council: (1 ) authorize a
budgeted trans fer of $ 4 ,900 from the General Fund to the
General Operating Fund and appropriate $4,900 from the
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General Operating Fund to Account #10-4186-44021, and
(2 ) approve plans and specifi.cations for landscaping
Valley View Street from Ball Road to Belle Avenue and
Ball Road from Valley View StrEet to 400 feet west of
Valley View, Project #7629-90, and authorize the City
Clerk to advertise for bids with the bids to be opened
in the City Clerk's office at 10:00 a.m. on February 17,
1976.
Item #6: Cons idera tion of Acceptance of Improvements
and Release of Cash Bond for CUP #190, north side of Ball
Road, 600 feet west of Valley View Street.
Recomrnenda tion: That the City Council accept the public
improvement in Conditional Use Permit #190 as being sa ti s-
factorily completed in accordance with plans and specifica-
tions and authorize the City Clerk to release passbook
account #15482 to Dr. Baldwin and to furnish a copy of
the released assignment to the Garden Grove Federal Savings
and Loan Association.
Item #7 : Consideration of Approval of the Final Draft of
the Orange County Solid Waste Management Plan.
Recommendation: That the City Council adopt the following
Resolution by title only, ti tl e as follows:
RESOLUTION NO. 1672
A RESOL UTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING THE FINAL DRAFT OF THE
ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN.
Item #8: Consideration of a Claim Submitted by Tamara
Jean Roth.
Recomme nda tion: That the City Co un c i 1 officially deny
the subject claim of Tamara Jean Roth and request the
City Manager to refer this claim to the City's insurance
carrier for disposition.
Item #9 : Consideration of a Claim Submitted by L in da
Kaghazchi.
Recommendation: That the City Council officially deny
the subject claim of Linda Kaghazchi and request the
City Manager to re fe r this claim to the City's insurance
carrier for disposition.
Item #10: Consideration of Support of Congressional Bill
HR 9801.
Recommendation: That the Ci ty Council go on record in
support of House of Representatives Bill 980L
Item #11: Consideration of Appointing a City Resident to
the Citizens I Advisory Committee on Transporta tion.
Re commenda tion: That the City Council solicit applications
from interested residents to serve on the Multi-Modal
Task Force of the Orange County Transit District.
Item #12 : Consideration of a Resolution from the City of
Burbank in Connection with the Master Plan Report on the
Hollywood/Burbank Airport.
Recommendation: Receive and file.
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City Council Minutes January 12, 1976
Item #14 : Cons idera tion of Support of Senate Bill 987.
Recommendation: That the City Council go on record in
support of S e na te Bill 987 and that this support be ex-
pressed through the League of California Cities to our
10 ca 1 1 egisla tors.
Item #16: Consideration of Burglary Prevention Index
Agreement, City of Santa Ana.
Recommendation: That the City Council approve the attached
agreement for the Burglary Prevention Index and authorize
the Mayor to sign and the City Cl erk to at te s t the agreement.
Item #17: Consideration of Changes in CETA Work Programs.
Recommendation: Receive and fil e.
Item #18: Consideration of Acceptance of Donation from Ye
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Olde Dogge Clubbe.
Recommendation: That the Ci ty Council, acting as ex officio
Board of Directors of the Cypress Recreation and Park District,
formally accept the donation of $50 from Ye Olde Dogge
Cl ubbe in memory of their trainer, Aileen Rhodewalt, and
that a 1 e t te r of appreciation be sen t out to the officers
of the organization.
Item #19 : Consideration of a Dona tion to the Community Center.
Recommendation: That the City Council, ac ting as ex officio
Board of Directors of the Cypress Recreation and Park District,
formally accept the donation. of two Nephrolepsis Exaltata
(Boston) fer ns from Mrs. Hiroko Morio of Avalon Nursery
for use in the Cypress Community Center.
Item #20: Co ns idera tion of an E xpendi ture for a Concert
Piano in Conjunction with a Bicentennial Concert.
Recommendation: That the City Council approve the recom-
mendation of the Arts & Cultural Commission and authorize
an expenditure not to exceed $175 for 50% of the piano
rental and reception costs.
Item #21: Consideration of Authorization for the City
Manager to Attend League of California Cities City Managers'
Spring Meeting.
Recommendation: That the City Council authorize the City
Manage r to attend the League of California Cities City
Managers' Spring Meeting, February 18-20, 1976, in Palm
Springs, and to be reimbursed for n ec essary and actual
expenses.
Item #22: Consideration of Extension of Time for the
Building Le as e Between the City of Cypress and Straight
Talk, Inc.
Re comme nda tio n: That the City Council approve the one-
year extension for the period January 1, 1976 to December
31, 1976 for the building lease be tween the City and
Straight Talk, Inc. I at 5732 Camp Street.
Item #23: Cons ide ra tion of a Resolution Implementing the
Previously Approved Memorandum of Understanding Between
the City of Cypress and the Employees' Association.
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City Council Minutes 12, 1976 ,-,: />'~~...'l"
January " I
Recommendation: That the City Council adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 1673
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ESTABLISHING A BASIC COMPENSATION
PLAN, ESTABLISHING SALARIES FOR CITY EMPLOYEES
PLACED UNDER THE BASIC COMPENSATION PLAN. AND
ESTABLISHING SALARIES FOR TEI1PORARY AND SEASONAL
EMPLOYEES NOT PLACED UNDER THE BASIC COMPENSATION
PLAN.
Item #24: Cons idera tien of a :Resolution Implementing the
Previously Approved Memorandum of Understanding Between the
City of Cypress and the Recreation and Park District
Employees' Association.
Recommendation: That the City Council adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, EX OFFICIO BOARD OF DIRE CTORS OF
THE CYPRESS RECREATION & PARK DISTRICT, A SUB-
SIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTAB-
LISHING A BASIC COMPENSATION PLAN, ESTABLISHING
SALARIES FOR MISCELLANEOUS RECREATION AND PARK
DISTRICT EMPLOYEES PLACED UNDER THE BASIC
COMPENSATION PLAN. AND ESTABLISHING SALARIES
FOR TEMPORARY AND SEASONAL RECREATION AND PARK
DISTRICT EMPLOYEES NOT PLACED UNDER THE BASIC
COMPENSATION PLAN.
Item #25: Cons idera tion of Renewal of Contract for Street
Tre es , Request for Quotation #7475-22.
Recommendation: That the City Coune il award the contract
for one year for street trees to Avalon Park Nursery, 4400
Orange Avenue, Cypress, total contract not to exceed $6,000.
In regard to Item #4, considera tion of approval of plans
and specifications and authorization to advertise for bids
for Bicycle Trail on Valley View Street from Ball Road to
Orangewood Avenue, City of Cypress Project #7546-90,
Councilman Lacayo fel t the $38,000 was a substantial cost
and inquired about how well the existing bicycle trails
were being us ed by residents. The staff reported that no
actual counts were taken but they felt from visual experience
that the trails were well used by City residents. Council-
woman Sonju fel t the length of Valley View between Ball Road
and Orangewood was heavily traveled by traffic and that it
was dangerous for b icycl is t s to ride along Valley View.
I twas moved by Councilwoman Banju, seconded by Councilman
Lacayo and unanimously carried to: (1) authorize the
appropriation of $8,102 from the Fund Balance of the
General Fund to Account #10-4186-45426. and ( 2) approve
plans and specifications for construction of a bike route
on Valley View Street from Ball Road to Orangewood Avenue,
Project #7546-90, and authorize the City Clerk to advertise
for bids with bids to be opened in the City Clerk's office
at 10:00 a.m. on February 12, 1976.
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In regard to Item #13, consideration of a Request for Sub-
Le a s e of Property Located at 9451 Walker Street, Councilman
Harvey asked for justification for the staff's recommenda tion
that the property not be subleased. The City Manager
reported that the staff felt if the property is sub-leased
there might be a maintenance problem and they did not feel
a profit should be gained by a private individual from the
lease of City property. Councilman Kanel supported a sub-
lease of the property and suggested that a maximum be set
on the amount of rent to be charge d.
Co unc ilman Kanel moved to approve the request of Mrs. Stockton
to sub-let the property at 9451 Walker Street with the condi-
tion that it be subleased for no more than $150 per month.
The motion died for lack of a second.
Councilman Harvey felt that any benefits which might be
derived from the lease of this property should be to the
residents of the City and he moved to deny the request of
Mrs. Stockton to sub-let the property at 9451 Walker. The
motion was seconded by Coune i lwoman Sonj u and carried by
the following roll call vote:
AYES: 4 COUNCILMEN: Harvey, Lacayo, Sonju and
Frankiewich
NOES: 1 COUNCILMEN: Kanel
ABSENT: 0 COUNC ILMEN: None
In regard to Item #15, Councilman Kanel felt a staff member
should attend the Stanton Planning Commission hearing in
opposition to the proposed development and variance applica-
tion in addition to transmitting a report.
It was moved by Councilman Kanel, seconded by Councilman
Lacayo and unanimously carried to di re c t a member of the
City s ta f f to appear before the P lann ing Commission of the
City of Stan ton opposing the subject variance request and
to direct a commun ica tion opposing the variance request to
the City of Stanton.
Mayor Frankiewich noted that th ere were persons present with
an interest in Item #39 and this item was taken out of order.
CONSIDERATION OF STATUS REPORT ON MOBILE HOME PARK PROBLEMS:
The City Manager presented a report da te d January 9 which
indicated the Police Department's in ve st iga tion of law
enforcement problems in the Lincoln Center Mobile Home Park
at 9080 Bloomfield, Cypress, resulted in increased patrol
in the area. The staff was delaying further ac tion until
the City Attorney meets with the attorney representing
the mobile home park tenan ts.
t1r. Tom Ulmer, 401 Civic Center Drive, Santa Ana, California,
attorney representing tenan ts of the Lincoln Center Mobile
Home Park, reported that no substantial changes had been
made by the managemen t since the tenants presented their
concerns at the December 8 City Council meeting. He indi-
cated the rent strike was in its fi f th month and of the
102 families which had retained him only 56 remained. He
reported the landlord had served 56 unlawful detainers on
the residents. He repor ted they were seeking a jury trial
in this action and the first date for a trial would not be
until June. Mr. Ulmer reported that two lawsuits were pending
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City Council Minutes January 12, 1976
and the Superior Court hearing was continued until February
9. Mr. Ulmer stated he had spoken with the City Attorney
and he agreed that the rent in crea se was not within the
City's jurisdiction and that the speeding, drug, drinking,
and exit problems did not constitue violations of the condi-
tional use permit. He agreed that the best co ur s e of action
would be to request the management on an informal basis to
resolve the problems and determine if they are acting in
good faith and if sa tis fac tory action is not taken that a
public hearing should be held to consider revocation of the
permit. Mr. Ulmer reported that the management had indicated
they wished to set an example with this lawsuit and that they
could not meet the demands of the residents since this would
be an incentive for other mobile home park residents to con-
duct a rent strike. The management also indicated they might
solicit financial support for their lawsuit from other owners
of mobile home parks in the state. Mr. Ulmer agreed to meet
with the City Attorn ey this week to determine action to be
taken on behalf of the residents.
Following discussion by the Council, it was moved by
Councilman Lacayo and seconded by Councilman Kanel to
direct a strong letter to the landlord of the Lincoln
Center Mobile Home Park, 9080 Bloomfield, Cypress, outlining
the problems which were brought to the Council' attention,
inquiring what action they intend to take to correct the
problems, and advising them that if their solutions are
not satisfactory to the City Council and residents that
the City Council will consider holding a public hearing,
and to direct the City Attorney to meet with Mr. Ulmer
this week and submit a report for the next Council meetingo
The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Councilwoman Sonju stated she would like a copy of the
conditional use permit for the mob il e home park. Council-
man Lacayo requested that the Police Chief s ubm i t a report
for the next meeting on the corre cti ve measures which have
been taken by the Police Department.
It was moved by Councilman Kanel, seconded by Councilman
Lacayo and unanimously carried to direct the City Attorney
to prepare a report for the next meeting on his investiga-
tion of whether there is a conspiracy by the management of
the mobile home park to end the rent s t r ik e through the
use of other gro ups or associations.
CONSIDERATION OF PUBLIC HEARING RE: APPEAL ON PLANNING
COMMISSION DECISION REGARDING CONDITIONAL USE PERMIT
'# 7 5 ::l.!. : Mayor Frankiewich announced that this was the time
and place to conduct the above public hearing and she opened
the hearing and asked the staff to present its report.
The Planning Direotor presented a repor t da ted January 6
which transmitted two staff reports on the matter, a copy
of the plot plan, and copy of the Planning Commission minutes
relating to their action on the application. He presented
slides of the subject property located on the north side
of Orange Avenue, east of Valley View Street, and described
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the plot plan. The Planning Director reported the proposal
was to install two gasoline pumps to sell three grades of
gas on the si te of a Utotem convenience market. He reported
that the applicant would meet the Zoning Ordin ance require-
ments and provide 24 off-street parking spaces, however, 13
of these spaces are to the rear of the building and are
not being utilized. He indicated the site plan was in co r-
rect by 5 howing 36 parking spaces.
Councilwoman Sonju stated that she attended the Planning
Commission meeting when this ma t te r was considered but that
she heard only a small portion of the hearing and it was
at the conclusion of the hearing.
Mayor Frankiewich asked if anyone wished to speak in favor
of Conditional Use P ermi t #75-11.
Mr. Lawrence Wasserman, 8647 Navajo, San Diego, California,
attorney representing Tic Toc Systems, reported that in
January 1975, because of financial difficulties, Tic Toc
Markets were bought by Fairmont FOQ ds, Ine, a national company
which operates 1,000 convenience stores nation-wide. He re-
ported that Fairmont took over Tic Toc stores in San Diego
County beginning in 1970 and in the San Diego area there are
39 Utotem stores, all but two company owned and operated,
and 27 have gas pump s. As part of the conversion he stated
that all star es were restocked and repainted as part of a
general improvement program. Their experience showed that
customers spend between 3 to 12 min ute s buying gas and 40%
make purchases at the store. He reported there has been no
history of accidents occurring in connection with the gas
pumps. Mr. Wasserman felt the gas pumps would provide a con-
venience and desirable service to the community and price
savings. Auxiliary services like air, wa ter and oil would
not be provided, and the pumps would be open for 24 hours.
He s tate d re filling trucks co uld be restricted to make deliv-
eries in the early morning hours and he did not feel other
delivery trucks would interfere with parking. He s ta te d the
parking requirements were met and persons could be encouraged
to park at the rear. He felt if there was a significant secur-
ity problem that coin operated pumps would be considered.
He felt the 31 foot turning radius in the parking lot was
sufficient. Mr. Wasserman did not feel there would be a con-
flict with the pump operation and the satellite stores.
He stated that the applicant managed the shopping center and
would not jeopardize the other businesses by not providing
adequate parking.
Mayor Frankiewich asked if anyone else wi she d to speak in
favor. No one else wished to speak in support. She asked
if anyone wished to speak in opposition.
Mr. Dave Webb, opera tor of the Union 76 service station
at the corner of Valley View and Orange, presented charts
which attempted to project the traffic volumes and amount
of gas sales at the utotem pumps in comparison to the two
service stations at Valley View and Orange. He felt a three
cent price difference would represent a 25% loss of business
to the other stations and that the parking lot could not
accommodate the increased traffic generated by the pump in-
stallation. He felt the block wall at the rear and lack
of customer entrances to the stores eliminated use of the
rear parking lot. He s tate d only one side of the pump island
was usable and if a car drove up on the wrong side it would
have to turn around, increasing congestion in the parking
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10 t. He obj ected to the pump installation and fel t the
other businesses in the center would deteriorate because
of the loss of parking space. Be ca us e of the type of gas
sold he fe 1 t the other service stations would be unable
to compete resulting in an increase in the dealer turn-over
rate which is not conducive to good business.
Mrs. Toni Hubbard, manager of Barra's Pizza, s tate d the
pump installation would eliminate five parking spac es and
this would create congestion problems and hurt the other
businesses. She stated persons did not like to park in
the rear because of the poor lighting and problem of
drugs and juvenile drinking in that area.
Mr. Mel Rober ts, 5894 Apia Drive, Cypress, operator of
the Shell service station at the corner of Valley View
and Orange, read a 1 e t te r from Mr. Brian Haskell, president
of VCH Company, located in the Utotem center, which in di-
c a te d he opposed the pump installation because the los s
of five more parking spaces would severely hinder the other
businesses", Mr. Roberts stated his main concerns were
over safety and the lack of adequate parking. He fel t
the fact that cars can fill up from only one side is in -
adequate, that it would be u ns a f e to have pumps so close
to an existing bus stop, that the rear lot is unusable,
and that there would be a problem of possible theft of gas",
Mr. Lawrence Wasserman, the applicant, felt the iss ue of
competition should not be a consideration of approval. He
fel t that health and safety factors were legitimate concerns.
He s tate d the applicant would not be able to service the
amount of cars which were projected by the operator of the
Union 76 station and he felt their volume and sales figures
were unrealistic. He stated the applicant master leased
the entire proper ty and that a vacancy due to inadequate
parking would be as costly as the pump installation. He
s tate d the applicant planned to light the rear parking area
and that the tra ff ic patterns could change.
No one else wished to speak and Mayor Frankiewich closed
the public hearing.
Co unc i lman Lacayo s ta te d the gas pumps would not provide
to tal service to customers since auxiliary services were
not proposed. He felt there would be tra ff ic problems
because of the lack of parking and fact that the majority
of spaces are at the rear and would be unused. He also
was concerned over the lack of security for the pumps and
fe 1 t possible the fts co ul d result in accidents.
It was moved by Councilman Lacayo and seconded by Council-
woman Sonju to uphold the decision of the Planning Commission
and deny Conditional Use Permit #75-11.
Councilwoman Sonju stated she agre ed with Councilman Lacayo.
She fel t the parking spaces to the rear were unusable and
that parking spaces should not be decreased to allow for
the pump installation.
Councilman Kanel felt there were an adequate number of
service stations in the area and that most stations offered
self-service gas. He felt there would be an adverse
economical impact on the businesses in the shopping center,
the location of the pump s near a bus stop woul d be a
dangerous situation and there was insuffic ient maneuvering
spa c e in the parking lot.
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Councilman Harvey felt that if the proposal was presented
as a new applica tion at this time it would not conform
to zoning requirements. He felt parking at the rear was
unusable and that patrons would not walk around the building
to en ter the stores.
Mayor Frankiewich sta ted that the rear parking lot is not
used and would not be used because of the loitering,
broken glass and unsafe condition of the alley.
The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, S on j u
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
RECESS:
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Mayor Frankiewich called a recess at 9:05 p.m. The meeting
was called back to order at 9:20 p.m. with all Councilmen
present.
CONSIDERATION OF PUBLIC HEARING RE: PROPOSED AMENDMENT TO
THE ZONING ORDINANCE NO. 75-2 - BUILDING SETBACK FOR LINCOLN
AVENUE: Mayor Frankiewich announced that this was the time
and place for the above public hearing and she declared
the hearing open and ask ed for the staff's report.
The Planning Director presented a report dated January 6
which transmitted two reports prepared by the original
members of the Lincoln Avenue Action Committee, a report
of the Lincoln Avenue businessmen/property owners, and
copies of correspondence which was reviewed by the Planning
Commission at their November 20, 1975 meeting at wh ich
time they recommended approval of Amendment #75-2.
Mr. Alex Bell, 9451 Grindlay, Cypress, chairman of the
original Lincoln Avenue Ac tion Cornrni t te e, described the
Committee's recommenda tions regarding the Lincoln Aven ue
setback. The original committee recommended that:
1 The existing 25-foot setback requirement in the CH
Zone be amended to provide for a variable setback
ranging from a minimum of six feet to a maximum of
ten feet or greater; and
2 . The existing street improvement program which currently
requires the installation of 12-foot-wide sidewalks
as a condition of approval for all new developments
be amended to require the installation of only a
six-foot-wide sidewalk with the remaining six feet
of public right-of-way being included in the landscape
program of the developer.
Mr. Bell reported that the setback requirement would apply
only to vacant property, newly constructed buildings, or
existing buildings which are demolished and rebuil1:. It
would not apply, and would not require the relocation of
existing buH dings which have additions made or are remodeled.
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Mr. Bell stated that signs, outdoor displays and parking, if
approved by the Planning Commission, would be allowed in
the setback area. Mr. Bell indicated that the six to ten
foot variable setback would be especially advantageous in
allowing street vis ibil i ty to a new business which is
located adj acen t to another business located on the
property line.
Mayor Frankiewich asked if anyone wished to speak in favor.
Mr. Dick Anderson, 5231 Lincoln, Cypress, stated the
proposed setback program was a flexible and very good plan.
Mr. Ben Thompson, 5622 Danny Street, Cypress, stated he
agreed the setback program was a good, flex ib 1 e plan and
that it should be adopted.
Mro Henry Roberts, Tonga Circle, Cypress, supported the
adoption of the setback proposed by the original committee
and felt it would answer the problem of protecting existing
businesses.
Mayor Frankiewich as ke d if anyone wished to speak in
opposition.
Mr. John Thei sins, 4872 Lincoln, Cypress, a member of the
expanded Lincoln Avenue Action Committee, explained
why the Lincoln businessmen/property owners did not suppor t
the variable setback requirement. He stated that the counter
proposal, containing 35 signatures which represents 75%
of the Lincoln representatives, proposed that the property
owners/businessmen would install and maintain the six-foot
landscaping strip which resul"ts from the decreased sidewalk
requir(~men t, and they felt this six foot landscaped strip
would be an adequate setback. He fel t development on Lincoln
is varied and because the area is unique he questioned
why it must conform to other commercial zones. Mr. Theisins
fel t the property owner should have the right to determine
the location of his business and that he should be able
to place it on the proper ty line. He did not feel this
would be feasible though because of the nature of Lincoln
businesses and fact that most commercial developments today
have parking in front.
Mr. Donald Hudson, 6153 Lawrenc e Street, Cypress, felt
the reduction of the sidewalk requirement was an excellent
idea. He fel t that if trees are planted in the median
and in the six foot public right of way strip this would
cr e ate a tunnel effect along Lincoln and businesses would
not be vis ible to passing traffic. Mr. Hudson pointed out
that all development plans are subject to architectural
review by the Planning Commission which guarantees the
integrity and quality of development. He fel t the absence
of a definite setback requirement would allow architects
and designers more latitude for optional de signs.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated
the cost of the median landscaping would be borne by the
taxpayers and that the cost for landscaping to be installed
by the businessmen would be passed on to customers. He
felt the cost for transporting wa ter for irrigation should
be cons idered. He reported that median islands in
the City of Cerritos are designed with mounds and when
they are irrigated the water runs into the street causing
slick streets and a traffic hazard. He did not feel the
proposed improvements would benefit the community.
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There was no one else wishing to speak in oppo si tion.
Mr. Alex Bell, chairman of the Lincoln Avenue Action Committee,
fel t it was ideal is tic to rely on architects to develop good
plans and that certain controls are necessary. He felt all
residents must pay the cost for importa tion of water and that
the improvements would serve a purpose and could increase
a businessman's profit.
Mayor Frankiewich closed the public hearing.
Councilman Harvey inquired if his comments and voting
would be appropriate since he was a member of the Action
Committee and the City Attorney explained that they would.
Councilman Harvey stated he agreed with Mr. Bell's presen-
tation. He sta ted it was difficult to convey to the property
owners that the setback did not require the physical reloca-
tion of buildings and he noted that the new requirement is
more lenient than the present 25 foot setback requirement.
The variable setback would allow for greater use of property
and the setback area could be used for signing and parking.
It was moved by Councilman Harvey and seconded by Council-
woman Sonju to read the following Ordinance by title only,
title as follows, and approve the first rea ding of the
Ordinance:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING SECTION lO.2B(4) OF
ORDINANCE NO. 559, THE ZONING ORDINANCE OF
THE CITY OF CYPRES S, RELATING TO FRONT YARD
SETBACKS.
Mayor Frankiewich reopened the public hearing.
Councilman Kanel asked Mr. Theisins if he strongly opposed
establishment of the proposed setback.
Mr. John Theisins, 4872 Lincoln, Cypress, sta te d he was not
adamantly opposed to the proposed setback and was not dele-
gated by the Lincoln representatives to oppose it. He
again spoke in support of having no variable setback. He
indica ted he supported the concept of improving Lincoln,
Mayor Franki ew i ch closed the public hearing.
The motion unanimously carried by the following roll call
vote,
AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 C OUNC ILMEN : None
It was moved by Councilman Harvey and seconded by Council-
woman Sonju to adopt the following Resolution by title only,
title as follows.
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City Council Minutes January 12, 1976
RESOLUTION NO. 1675
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING AN IMPROVEMENT PROGRAM
FOR LINCOLN AVENUE WITHIN PUBLIC RIGHT-OF-WAY.
The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Son j u
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CONTINUATION OF CONS IDE RATION OF IDENTIFICATION SIGNS:
The City Manager presented a report from the Administra-
tive Coordinating Team da te d December 29 regarding City
identification signs.
It was moved by Councilman Lacayo, seconded by Councilwoman
Sonju and unanimously carried to continue this ma t te r to
the January 26 meeting.
It was moved by Councilwoman Sonju, seconded by Councilman
Lacayo and unanimously carried to receive and file Item #36,
Consideration of an Application of the Southern California
Water Company to the Public Utilities Commission for an
Increase in Water Rates, and to continue the following items
to the January 26 meeting:
Item #29, Continuation of Cons idera tion of Landscaping
the Storm Drain Easement from Grindlay to Moody;
Item #34, Consideration of an Amendment to the Zoning
Ordinance;
Item #41, Consideration of Recreation and Park Commission
Meeting Location: Community Center Versus Council
Chambers;
Item #42, Consideration of Revocation of the Catering
Service Contracto
CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR TWO-
WAY RADIOS FOR PUBLIC WORKS DEPARTMENT & RECREATION AND PARK
DISTRICT: The City Manager presented a report dated January
9 outlining costs for the equipment and indicating that the
staff deleted certain items from its original request.
The staff explained how the two-way radio equipment would be
beneficial in the event of natural disasters such as a flood,
fire or ear thqua ke and would allow the staff to 10 c a te the
e xac t location of field crews, without having to send out
Police patrol cars.
Mr. Howard Rowen, 5831 Shirl Street, Cypress, stated the
equipment would quickly pay for itself in man-hour savings
and he supported its purchase,
It was moved by Councilman Kanel and se conded by Councilman
Lacayo to: (1) approve the agreement between the Orange
County Department of Transportation and Communications
and the City of Cypress for radio system installation and
maintenance, authorize the Mayor to sign and the City Clerk
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City Council Minutes January 12, 1976
to attest subject to approval of the City Attorney; (2 )
approve the award of contract to Motorola Communications
and Electronics, Ine. , 1301 E. Algonquin Road, Schaumburg,
Illinois, 60172, as per quotation dated October 14, 1975
in the amount of $4,504.36 with the condition that the
i purchase order must be placed within the next two weeks
in order to avoid a price ir.crease which will be effective
at the end of January; and ( 3) approve award of contract
to Orange County Department of Transportation and Communi-
cations, 445 Civic Center Drive West, Santa Ana, California,
92701, in the estimated amount of $1,121.88 plus tax on
required parts. The motion carried by the following roll
call vote:
AYES: 3 COUNCILMEN: Harvey, Kanel and Lacayo
NOES: 2 COUNCILMEN: Sonju and Frankiewich
ABSENT: 0 COUNCILMEN: None
CONSIDERATION OF HOUSING ASSISTANCE PLAN & HOUSING AND
COMMUNITY DEVELOPMENT COOPERATION AGREEMENT: The city
Manager presented a report from the Planning Director dated
December 31 indicating that adoption of a Housing Assistance
Plan and execution of a Cooperation Agreement with the County
were necessary to campI ete final requirements of the second
year application for funds under the Housing and Community
Development Act. The report indicated the cooperation agree-
ment is the same as the final amended version executed in
March, 1975 and the housing assistance plan was chan ge d to
re fl ect current housing statistics.
It was moved by Councilman Kanel and seconded by Councilman
Lacayo to adopt the following Resolution by title only,
ti tl e as follows:
RE SOL UTION NO. 1676
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRES S ADOPTING A HOUSING ASSISTANCE PLAN
IN ADDI'I'ION TO A COOPERATION AGREEMENT BETWEEN
THE CITY OF CYPRESS AND THE COUNTY OF ORANGE
REGARDING THE HOUSING AND COMMUNITY DEVELOPMENT
ACT OF 1974.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEN: Kanel, Lacayo, Sonju and
Frankiewich
NOES: 1 COUNCILMEN: Harvey
ABSENT: 0 COUNCILMEN: None
CONSIDERATION OF SPONSORING CONCERT SERIES IN CONJUNCTION
WITH THE MASTER ARTS CALENDAR PROGRAMS: The City Manager
presented a report from the Arts and Cultural Commission
da te d January 8 which described th r e e cone erts proposed
by the Commission for February, April and June. Co s t s
were estimated to be $1,000 and the Commission felt the
concerts would be self-supporting through the sale of tickets.
It was moved by Councilman Lacayo and se conded by council-
woman Sonju to approve the artist Concert Series and authorize
an expenditure not to exceed $1,000 for the program and
sa 1 es of tickets as outlined in the staff report. The
mo tion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
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City Council Minutes January 12, 1976
CONSIDERATION OF MASTER CALENDAR SERIES - EXCURSIONS TO
CULTURAL EVENTS: The City Manager transmitted a report
from the Arts and Cultural Commi ss ion da te d January 9 out-
lining a schedule of excursions recommended for the next
year by the Commission. The trips were proposed to be
self-supporting, with the participants paying for tickets
and total price of bus transportation. The first program
scheduled for February or March was a trip to a performance
of the American Ballet at the Do ro thy Chandler Pavilion.
It was moved by Counc ilwoman Sonju, seconded by Councilman
Lacayo and unanimously carried to approve the recommendation
of the Arts and Cultural Commission and authorize the
schedule of excursions and direct the st af f to make the
necessary arrangements.
CONSIDERATION OF TENTATIVE PARCEL MAP NO. 75-1: The City
Ma nage r presented a report from the Planning Director dated
January 5 and transmitted a parcel map for development of
the remaining commercial property south of Ball Road and
west of Valley View. The map was submitted in conj unc tion
with an application to develop a Mervyn's department store
on the sUbject property.
Mr. Ed Bach, representing Diversified Development Company,
1000 Quail Street, Newport B,each, California, was present
to answer questions. The Counc il complimented Mr. Bach
on the proposed development and stated they were looking
forward to the Mervyn's store.
It was moved by Councilwoman Sonju and seconded by Council-
man Kanel to adopt the following Resolution by title only,
title as follows:
RESOLUTION NO. 1677
A RESOLUTION OF THE CITY COUNC IL OF THE CITY
OF CYPRESS APPROVING TENTATIVE PARCEL MAP
NO. 75-l.
The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEN: Kane I, Lacayo, Sonju
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: Harvey
CONSIDERATION OF UTILITY RATE STUDY: The City Manager
presented a report from the Administrative Coordinating
Team da ted January 9 outlining a proposal from Mr. David
Farrell of Standard Utility Rating Engineers to conduct
a utility rate study.
Mr. David Farrell, Standard Utility Rating Engineers, stated
he was the owner of the company and he described his proposal
to analyze the City's power consumption and make specific
recommendations for savings. They would monitor the City
for 18 months to make sure the City is implementing their
recommendations. Mr. Farrell s tate d they would post a bond
to guarantee a refund of th e i r fee if the City does not
realize a $ 5,000 savings resulting from their recommendations.
Councilwoman Sonju st a ted she would like more time to st udy
the matter.
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City Council Minutes January 12, 1976
It was moved by Councilman Kanel and seconded by Mayor
Frankiewich to approve the Utility Rate Analysis by Standard
Util i ty Rating Engineers and an appropriation of $5,000.
Mr. Ben Thompson, 5622 Danny Street, Cypress, recommended
that the Council investigate the possibility of having the
Edison Company conduct the study.
The City Manager pointed out that the Edison Company could
not conduct a study of the City's gas and water utility
uses. Mr. Farrell stated that the Edison Company al so would
not audit past bills to determine if the City has been
bill ed incorrectly.
A substitute motion was made by Councilwoman Sonju and
seconded by Councilman Lacayo to continue this matter to
the next meeting and request a further report and recommenda-
tion 5 from the staff. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Kan e 1, Lacayo, Sonju
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CONSIDERATION OF ADOPTION OF RESOLUTIONS ESTABLISHING A
DEFERRED COMPENSATION PLAN FOR EMPLOYEE S: The City Manager
presented a report regarding this matter date d January 90
It was the consensus of the Council to continue this item
to the January 26 meeting.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It
was moved by Co unc il woman So n j u and seconded by Mayor Frank-
iewich to approve the Commercial Warrant List for Warrants
#40474 through 40827 in the total amount of $3,892,214.02.
The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT
COMMERCIAL WARRANT LIST S: It was moved by Councilwoman
Sonju and seconded by Mayor Frankiewich to approve the
Recreation and Park District Commercial Warran t List for
Warrants #412 through 417, 419 through 425 and 4986
through 5064 in the total amount of $2,085,578066. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Kane 1 , Lacayo, Son j u
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
At Councilwoman Sonju's request, Item #44 was placed on
the agenda regarding the February Planning Commissioners
Conference in San Francisco.
Mayor Frankiewich noted that it wa s 11: 30 and the Council
is required to adjourn. The Council agreed to continue
with the agenda.
Councilwoman Sonju requested that the staff repor t at the
next meeting on the City's policy regarding installation
of red curbing and striping of residential streets, and
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City Council Minutes January 12, 1976
on the traffic signal at the Orangewood/Valley View inter-
section.
Councilman Harvey requested that a letter of commendation
be prepared for the next agenda for Cypress resident Terry
Kubicka who recently won the National Skating Championshipl
that a resolution of commendation be prepare d for winston
Uptegraff, the retiring Executive Secretary of the Orange
Co unty Division of the League of California Cities; that
a report be presented on the result of the Board of Super-
visors' appeal hearing regarding Gay Street; and that the
staff present a report on the amount of apartment develop-
ment which has taken place s i DC e the last Zoning Ordinance
cha nge so that the Counc il may determine if the present
apartment requirements are too restrictive.
Councilwoman Sonju reported that at the recent meeting with
Commission chairmen and co-chairmen, the commissioners
expressed the desirability of their attendance at seminars
and conferences in order to gain a better background,
experience and understanding of their duties.
It was moved by Councilwoman So n j u and seconded by Council-
man Lacayo to authorize the attendance of any Planning
Commissioner and reimbursement of all necessary expenses at
the League of California Cities' Planning Commissioners
Con fe rence to be held in February in San Francisco. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju
and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Mayor Frankiewich requested that an item regarding the
terms of City Commissioners be placed on the next agenda.
EXECUTIVE SESSION: Mayor Frankiewich ca 11 e d an Executive
Session at 11: 35 p.mo for matters of personnel and litiga-
tiono The meeting was called back to order at 11: 55 p.m.
with all Councilmen present.
ADJOURNMENT:
It was moved by Councilman Harvey, seconded by Councilwoman
Sonju and unanimously carried to adjourn the meeting at
11:55 p.m.
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MAYOR OF THg CITY OF CYPRESS
ATTE ST:
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CITY CLE RK OF TJrt: CITY OF CYPRESS
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