Minutes 77-02-14MINUTES OF A REGULAR MEETING
THE CYPRESS CITY COUNCIL
HELD
February 14, 1977
OF
The regular meeting of the Cypress City Council was called
to order at 6:35 p.m. on Monday, February 14, 1977 in the
Cypress City Council Chambers, 5275 Orange Avenue, Cypress,
California, Mayor Alice MacLain presiding.
PRESENT:
ABSENT:
Councilmen Harvey,
and MacLain
None
Hudson, Lacayo, Sonju
Also present were City Manager/City Clerk Darrell Essex, City
Attorney John Murphy, and the following City staff members:
Bryant, Davenport, Hawley, Powell, Schatzeder and Shumard.
PLEDGE OF ALLEGIANCE: Councilman Lacayo led the pledge to
the flag.
ORAL COMMUNICATIONS: Mayor MacLain asked if anyone wished
to speak in regard to any matter which was not on the agenda.
Mr. Lester Wilson, 9190 Whitney Way, Cypress, complained
about the odors and noise emanating from Hyatt Die Cast and
stated the activities there are illegal since they are in
violation of the conditions of the conditional use permit.
He felt Hyatt should not have been granted the 30 day extension
to operate and stated the loud noise, like a sledgehammer,
is very aggravating and prevents him from sleeping at night.
He felt Hyatt's violations included operating on Sunday and
using the southernmost building for manufacturing purposes.
The noise problem began six weeks ago. lie requested that
the Council take action to protect the homeowners' rights.
The staff reported that pursuant to Council direction at the
January 31 meeting a letter was sent to Hyatt Die Cast out-
lining their alternatives to either cease the illegal operation
or file for a modification to the conditional use permit. The
30 day extension was provided in the event Hyatt applies for
the modification, thereby granting time for the publication
of public hearing notices.
Mayor MacLain placed this matter on the agenda as Item #36.
Mr. Pat O'Hara, 9170 Whitney Way, and Mr. Joel Lander, 9201
Whitney Way, reported the noise and odor appear to come from
the southerly building and it appears the noise has increased
since the letter was sent by the City to Hyatt. They stated
the noise sounds like pounding or a hammer and anvil and con-
tinues during the night.
Mr. Rudy Lloyd, controller for Hyatt Die Cast and Engineering
Corporation, reported he was unaware of any night operations
on Sunday. He reported Hyatt Die Cast intends to file for a
modification to the conditional use permit in order to use the
southerly building for manufacturing purposes since use of the
building is necessitated by their expanded business. Mr. Lloyd
reported they began using the southerly building in mid January
and he admitted the operation there is a violation of the permit.
He stated it is his understanding that Hyatt Die Cast will not
cease the operation. Mr. Lloyd stated the noise level in the
south building does not require employees to wear ear protection.
He reported Hyatt intends to take noise readings for the south
building and then provide the necessary insulation.
City Council Minutes February 14, 1977
The Council questioned Mr. Lloyd regarding the operations and
expressed concern that Mr. Lloyd indicated the operation would
continue in violation of the permit and that Mr. Lloyd was not
authorized to negotiate a compromise.
It was moved by Councilman Hudson and seconded by Councilwoman
Sonju that the City Council direct the City Attorney to imme-
diately proceed with a restraining order and preliminary injunc-
tion and that the City initiate criminal proceedings against
Hyatt Die Cast and Engineering Corporation and impose the appli-
cable fines for the violation that has occurred.
Mr. Lloyd stated he was not sent to the meeting to represent
Hyatt Die Cast on this matter but he came voluntarily and was
present to discuss Item #19 on the agenda.
Mrs. Cheryl Lander, 9201 Whitney Way, Mrs. Mildred Watson,
9220 Whitney Way, Mr. Joe Huntsekker, 9200 Whitney Way, Mr.
Joe Hardcastle, 4588 Blanca Drive, Mrs. Jeanette Prager, 9180
Whitney Way, and Mr. Ken Voight, 9160 Whitney Way, objected
to the loud noise at night and odors emanating from Hyatt Die
Cast.
Councilwoman Sonju suggested that the Air Pollution Control
District should investigate whether odors at Hyatt Die Cast
constitute a violation and Councilman Lacayo suggested that the
staff investigate the noise and odors and take sound recordings
from the adjacent residential properties. Councilman Hudson
pointed out that the staff may be unable to obtain evidence on
the noise and odors if Hyatt is Forced to cease the operation.
Councilman Hudson amended the motion to include Councilmen
Sonju's and Lacayo's recommendations.
Councilman Harvey stated he opposed the criminal proceedings
portion of the motion since the justification for the criminal
proceedings was based on the comments made by Mr. Lloyd, who
is an employee and was not speaking on behalf of the owner of
Hyatt Die Cast. For the record, he stated he believed that
the substance of the citizen complaints is valid and that the
substance of the motion is valid and he agreed with the res-
training order and/or injunction to prohibit further use of
the facility. He stated he intended to vote against the motion
because he did not believe that, under the circumstances which
existed in this evening's discussion, criminal proceedings
were in order.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEN: Hudson,
NOES: 1 COUNCILMEN: Harvey
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju & MacLain
Mr. Marion McHugh, 5348 Vista del Mar, Cypress, presented a
petition to the Council urging the Council's assistance in
placing underground a drainage facility which exists between
two dwellings on Vista Real and opens onto Watson Street.
He reported the alley has become a pedestrian walkway which
is an eyesore, contributes to vandalism in the area and depre-
ciates property values. The petition was signed by about
50 property owners.
Mayor MacLain placed this matter on the
and, hearing no objections, requested a
next meeting.
agenda as Item #37
staff report for the
Recreation and Park Director Charles Bryant presented Mr.
Francis Boykin, Recreation and Park Commission Chairman, with
a certificate of honor plaque from the California Parks and
Recreation Society honoring Mr. Boykin's outstanding contri-
butions in the field of leisure services. Mr. Boykin is
City Council Minutes February 14, 1977
currently serving as Second Vice President of the California
Association of Recreation and Park Districts.
PRESENTATION OF SERVICE PINS FOR CITY AND PARK DISTRICT
EMPLOYEES: Mayor MacLain presented a 15 year service pin to
Sergeant Walter Hampton, a ten year pin to Recreation employee
Carl Olinger, and a five year pin to Police employee Thomas
Goodell. Agent James Worden received a 10 year pin and
William Cleveringa, Frank Christensen, Melvin Gray, Richard
Schwegman, Robert Tinnel], Adam Valek and William Thornton
received five year pins.
RECESS: Mayor MacLain called a recess at 8:10 p.m. The
meeting was called back to order at 8:15 p.m. with all Council-
men present.
Colonel Geach and Major Foley of the California National Guard
introduced themselves and Colonel Geach summarized a press
conference which was held today regarding the use of Los
Alamitos Air Station. Colonel Geach reported there is no plan
at present or in the foreseeable future for an increase of
any aircraft activity over what has occurred during the past
two years. He stated joint civilian/military use can only
be determined by the Defense Department and Army Department
and at present there is no intention at this level to have
joint use. Joint use would have to be requested through a
government agency in Southern California and would be subject
to public hearings. He reported it appears that authority
was given for use of the PX and other facilities used by
retired personnel but it will be reduced in scope. This in-
formation should be forthcoming in 30 to 60 days and will be
forwarded to the City.
CONTINUATION OF PUBLIC HEARING RE: DETACHMENT NO. 2-76 FROM
THE CYPRESS RECREATION AND PARK DISTRICT: Mayor MacLain
reopened the public hearing.
The City Manager
recommended that
this matter must
presented a report dated February 8 which
the hearing be continued to February 28 since
first be approved by LAFCO.
It was moved by Councilman Lacayo, seconded by Councilman
Hudson and unanimously carried to continue the public hearing
regarding Detachment No. 2-76 to February 28.
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - R.D. HILL
SHETLAND PONY PHOTO: Mayor MacLain opened the public hearing.
The City Manager presented a report dated
the application. Mayor MacLain inquired
present. The applicant was not present.
February 10 regarding
if the applicant was
It was moved by Councilman Harvey, seconded by Councilwoman
Sonju and unanimously carried to continue the public hearing to
February 28 and request that staff direct a letter to the
applicant requesting his presence at the next hearing.
PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 76-5: Mayor
MacLain opened the hearing and asked for the staff's report.
The Planning Director presented a report dated February 8
and summarized Staff Report #76~46 dated December 30, 1976
describing the proposed amendment to the Land Use Element of
the General Plan to change the designation of a 1.2 acre
parcel of land located immediately to the west and south of
the Lincoln Plaza Shopping Center from its current designation
of Commercial Heavy to a combination of Commercial Heavy and
high-density multiple-family residential. The subject property
wraps around the shopping center in an L-shaped fashion.
City Council Minutes Pebruary 14, 1977
90
Under Conditional Use Permit #73-3 the property originally
was to have been developed with the shopping center, a 35-unit
apartment complex and a 52-unit motel complex. The new owner
of the property filed and was granted Conditional Use Permit
#76-20 to revise the apartments to a 28-unit condominium
project. The new owner is requesting the amendment in order
to revise the motel plans to provide for a 9-unit extension
of the condominium project and a restaurant to be located
adjacent to Lincoln Avenue. The Planning Director requested
that Item #217 consideration of Tentative Tract Map #9647,
be considered in conjunction with the amendment.
Mayor MacLain asked if anyone wished to speak in favor.
Mr. Mike Brown, representing MEB Investments, 3723 Birch
Street, Newport Beach, stated they preferred to construct
condominiums rather than apartments because they felt apart-
ments tend to decay rapidly since there is no pride in ownership.
He stated they did a motel survey and a motel at this location
was found unfeasible because of the lack of freeway access
and recreation facilities nearby. Mr. Brown described features
and amenities of the condominiums which included a solar heated
pool, microwave ovens and automatic garage door openers. He
stated they are negotiating with several operators to construct
about a 3600 square foot restaurant.
Mr. Mike Hill, owner of the Omega Liquor store in the Lincoln
Plaza shopping center, stated the advantage of condominiums
over apartments is that they will not attract transient resi-
dents. He felt the City needs a restaurant and the plans indi-
cate an attractive development.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated the
original development plan for the property was impractical
and he felt this proposal was practical and an upgrading. He
asked if access to the shopping center at the westerly drive-
way would be cut off by the restaurant. The staff
reported that the restaurant would be located behind the
service road which would be retained. Mr. Hardcastle also
asked if a condition would be imposed requiring commercial
to precede residential development. Staff stated this could
be a C.U.P. condition for the restaurant and condominiums.
Mayor MacLain asked if anyone wished to speak in opposition.
No one wished to speak in opposition.
Mr. Brown stated that as a condition of purchasing the
property from the shopping center owner, they agreed to
grant an easement for continuous use across the front of
the property which will continue to serve shopping center
traffic.
It was moved by Councilman Lacayo and seconded by Councilman
Harvey to close the public hearing and approve General Plan
Amendment #76-5 by adopting the following Resolution by title
only, title as follows, and approve Tentative Tract Map #9647
subject to the conditions approved by the Planning Commission
by adopting the following Resolution by title only, title as
follows:
RESOLUTION NO. 1825
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING GENERAL PLAN AMENDMENT
NO. 76-5.
RESOLUTION NO. 1826
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS APPROVING TENTATIVE TRACT MAP NO.
9647 - WITH CONDITIONS.
City Council Minutes February 14, 1977 91~
The motion unanimously carried by the following roll call vote:
AYES: S COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju
It was moved by Councilman Hudson and seconded by Councilman
Lacayo to initiate an amendment to the Zoning Ordinance in
conjunction with General Plan Amendment No. 76-S. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju
Councilman Lacayo requested that the Planning Commission
investigate solar heating and whether such requirements should
be placed on future developments.
PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 77-1: Mayor
MacLain opened the hearing and asked for the staff's report.
The Planning Director presented a report dated February 8
and Staff Report #77-2 dated January 13 describing the proposed
General Plan amendment which would provide for the establish-
ment of a "combining zone" for those properties along Lincoln
Avenue between Bloomfield Avenue and Holder Street having
depths in excess of 200 feet. The combining zone would provide
for the establishment of any urban use subject to the granting
of a conditional use permit when established in conjunction
with a commercial project. He presented a map showing the
parcels along Lincoln but indicated the map did not designate
those parcels which would be included in the combining zone.
This designation would be made at the time the Zoning Ordinance
amendment is considered.
Councilman Hudson asked how the Special Treatment proposal
provided by the General Plan text change would affect parcels
having frontage on Lincoln and another arterial street, es-
pecially if the Council determines that the combining zone may
be inappropriate on the rear portions of such parcels. He
felt the proposal may also be ambiguous to developers. He
suggested that to provide clarity the General Plan text change
should be considered together with the designation of parcels
to be included in the combining zone. The staff indicated
that they had intended the application of the combining zone
to specific parcels, including those located at intersecting
arterial streets, to be determined at the time the Zoning
Ordinance amendment is considered. The City Attorney stated
the Council could consider the General Plan amendment and
Zoning Ordinance amendment at the same time as long as action
is first taken on the General Plan Amendment. The Planning
Director stated he proposed to schedule the Planning Commis-
sion's hearing on the Zoning Ordinance amendment for March 17.
He suggested that the hearing before the Council could be
held at the March 28 meet.ing.
It was moved by Councilman Hudson, seconded by Councilman
Lacayo and unanimously carried to continue the public hearing
regarding General Plan Amendment #77-1 to the March 28 meeting.
Councilwoman Sonju stated she was concerned over the pattern
the Council was following by allowing residential development
to insure commercial development along Lincoln and she felt
this might result in residential development which is undesir-
able. She felt it might be more desirable to allow total
residential development on large lots which are too deep for
commercial development and retain other lots for commercial
use only.
5 o
City Council Minutes
February 14, 1977
Mayor MacLain announced that the applicant was now present
for the public hearing to consider the application for a
special permit - R. D. Hill Shetland Pony Photo and, hearing
no objections, she opened the hearing and asked for the staff's
report.
The City Manager presented a report dated February 10 which
transmitted memoranda from the Police and Planning Departments
which expressed concerns which should be addressed in consid-
ering issuance of the permit.
Mayor MacLain asked if anyone wished to speak in favor.
Mr. John Riggens, 3034 Duffy, San Bernardino, the applicant,
described their operation and responded to questions from the
Council. He stated they have equipment to clean up after the
animals and the ponies are trained. He stated no money is
collected when the photographs are taken and proofs are brought
back later and there is no obligation to purchase. Mr. Riggens
indicated they take precautions to insure that private property
is not damaged. He stated two persons accompany each pony.
He stated they are licensed in the cities of Anaheim, Santa Ana,
Fullerton, Buena Park and others. He indicated the owner has
appropriate insurance protection.
In response to Councilman Lacayo, the City Attorney reported
that the Vehicle Code considers a horse a vehicle and the
ponies, therefore, would be prohibited from traveling on the
sidewalk.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated people
who don't take photographs themselves would appreciate this
service. He felt damage to sidewalks was a remote possibility.
Mayor MacLain asked if anyone wished to speak in opposition.
No one wished to speak in opposition.
It was moved by Councilman Harvey and seconded by Councilman
Hudson to close the public hearing and approve the special
permit for R. D. Hill Shetland Pony Photo with the activity
hours to be 9:00 a.m. to 6:00 p.m. Monday through Saturday
subject to the conditions that the applicant be required to
clean up after the animals and that he certify he has the
proper insurance coverage to the satisfaction of the City
Attorney. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEN: Harvey,
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ABSTAINING: 1 COUNCILMEN: Lacayo
Councilman Lacayo
Hudson,
Sonju & MacLain
stated he could not support an activity
which violates the City ordinance prohibiting animals on side-
walks and he asked that the City Manager clarify whether the
ordinance designates a horse as a vehicle.
RECESS: Mayor MacLain called a recess at 10:25 p.m. The
meeting was called back to order at 10:35 p.m. with all Council-
men present.
Hearing no objections, Mayor MacLain took Item
Consideration of Request for an Exemption from
for CHOC Thrift Stores [Children's Hospital of
#S out of order,
a Special Permit
Orange County).
Mr. Lee Kirchman, public relations representative for CHOC,
explained that the reason for their high net profits is because
they employ persons to operate the thrift stores who are not
otherwise employable and CHOC no longer receives United Way or
state funding. Mr. Kirchman asked if the permit could be
granted on the basis that it is good until cancelled, to
avoid having to reapply annually.
City Council Minutes February 14, 1977
The City Attorney stated the City Code allows the permits
to be granted only on an annual basis.
It was moved by Councilwoman Sonju, seconded by Councilman
Harvey and unanimously carried to grant the request of Children's
Hospital of Orange County Thrift Stores to solicit home salvage
items on a determination in accordance with Section 1S-S7 A (1) (b)
of the Cypress City Code, subject to the condition that all
persons associated with the solicitation program register with
the Cypress Police Department and that solicitation be limited
to Monday through Saturday from 9:00 a.m. to 6:00 p.m. (day-
light hours only).
CONTINUATION OF CONSIDERATION OF HYATT DIE CAST & ENGINEERING
CORPORATION: The City Manager presented a report from the
Planning Director dated February 10 indicating there have been
no further citizen complaints since the sound baffle was con-
structed to mitigate the noise from their operations.
Mro Rudy Lloyd, controller at Hyatt Die Cast, stated they
have satisfied the Council's request for the baffling.
It was moved by Councilman Lacayo, seconded by Councilwoman
Sonju and unanimously carried to receive and file the report.
CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR TRAFFIC SIGNAL ON
CERRITOS BETWEEN ALMOND AND RITTER STREETS~ CITY OF CYPRESS
PROJECT NO. 7748-50: The City Manager presented a report
from the Public Works Director dated February 8.
Mrs. Paulette Kuykendall, PTA President of Cerritos School,
stated they would like this safety measure and she thanked
the staff for their assistance.
It was moved by Councilman Hudson and seconded by Councilwoman
Sonju to: (1) approve the plans and specifications and authorize
advertisement for bids for a traffic signal at Cerritos Avenue
between Almond Street and Ritter Street, City of Cypress
Project #7748-50, with bids to be received in the office of
the City Clerk at 10:00 a.m. on March 8, 1977 and (2) authorize
the Mayor to transmit a letter to the Savanna Elementary School
District on behalf of the City Council requesting participation
in the cost of a pedestrian overpass. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju
MINUTES:
It was moved by Councilwoman Sonju, seconded by Councilman
Hudson and unanimously carried to approve the January 24
minutes as corrected and the January 31 minutes, with Council-
man Harvey abstaining on the January 31 minutes.
STAFF REPORTS & DISCUSSIONS: At the City Manager's request,
the Mayor placed the following items on the agenda:
Item #35 regarding fencing at Baroldi/Sycamore Park;
Item #12a regarding the TricentenniaI Capsule Proclamation;
Item #38 regarding a cultural exchange program with the
City of Tijuana, Mexico;
Item #39 regarding the Orange County Board of Supervisors'
redistricting plan;
Item #12b regarding SB 164 (compulsory & binding arbitration)
City Council Minutes February 14, 1977
Mayor MacLain added Item #40 regarding a letter from the
Municipal Water District of Orange County relating to water
conservation. At Councilman Harvey's request, the Mayor added
Item #41 regarding fire hydrants painted for the Bicentennial,
and at the City Manager's request, she added Item #42 regarding
an appointment to the advisory committee for the Orange County
Housing Authority.
It was moved by Councilman Lacayo, seconded by Mayor MacLain
and unanimously carried to appoint Councilman Hudson as the
representative and Councilwoman Sonju as the alternate to
serve on the Orange County Housing Authorityts advisory committee.
The City Manager requested an executive session for matters
of litigation and at his request, the Mayor added Item #43
to the agenda regarding a request for an ad in the Cypress
Girls' Softball yearbook.
It was moved by Councilman Lacayo and seconded by Councilwoman
Sonju to approve an expenditure of $75.00 for a full-page ad
in the Cypress Girls' Softball yearbook. The motion unani-
mously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju
At Councilman Hudson's request, the Mayor added Item #12c
to the Consent Calendar regarding a ruling by the Fair Politi-
cal Practices Commission relating to the filing of information
by members of the Communist Party.
It was moved by Councilman Hudson, seconded by Councilwoman
Sonju and unanimously carried that the Council take a position
opposing the determination by the Fair Political Practices
Commission whereby members of the Communist Party are exempted
from the obligation of filing information on financial donors
as unfair and in violation of Proposition 9, that the staff
direct letters to Senator Carpenter, Governor Brown and the
Commission Director, and that staff investigate the possibility
of instituting a class action suit against the Commission.
Mayor MacLain requested a staff report for the next meeting
regarding the City's funding for the State League of Calif-
ornia Cities' building in Sacramento and regarding State
mandated cost programs that affect the City (S.B. 90).
CONSIDERATION OF AWARD OF CONTRACT FOR TWO (2) AUTOMOBILES,
REQUEST FOR QUOTATION #7677-61 REPLACEMENT FOR POLICE DEPART-
MENT: The City Manager presented a report from the Finance
Officer dated February 8 outlining the two bids received.
The Council inquired if compact cars were considered for the
replacements and Councilman Lacayo suggested that the matter
be continued until Chief Duke can respond.
It was moved by Councilman Lacayo, seconded by Councilwoman
Sonju and unanimously carried to continue the item to February
28.
CONSIDERATION OF AWARD OF CONTRACT FOR AUTOMOTIVE PARTS~
REQUEST FOR QUOTATION #7677-62: The City Manager prese.ted
a report from the Finance Officer dated February 10 outlining
two bids received.
It was moved by Councilwoman Sonju and seconded by Councilman
Hudson to accept the bid from Original Parts Supply, 13515
Excelsior Drive, Santa Fe Springs, California, as the lowest
responsible bid and award them the annual contract for auto-
motive parts in an amount not to exceed $20,000.00. The motion
City Council Minutes February 14, 1977
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju
CONSENT CALENDAR: Mayor MacLain announced that all items
listed on the agenda under "Consent Calendar" were to be con-
sidered by the Council as routine and enacted by one motion
approving the recommendation regarding each item. Council-
woman Sonju requested that Item #11 be removed.
It was moved by Councilwoman Sonju, seconded by Councilman
Hudson and unanimously carried to approve Items #4 through
#12b on the Consent Calendar with the exception of Item #11.
Item #4: Consideration of Employment List Recreation
Specialist, 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 position of Recreation
Specialist, as submitted.
Item #6: Consideration of Request from the American National
Red Cross, Orange County Chapter, to Proclaim the Month of
March "Red Cross Month" in the City of Cypress.
Recommendation: That the Mayor and City Council proclaim
March, 1977 as "Red Cross Month" in the City of Cypress.
Item #7: Consideration of Request from the American Society
for Quality Control to Proclaim the Week of March 20-26, 1977
as "Quality Week" in the City of Cypress.
Recommendation: That the Mayor and City Council proclaim
March 20-26, 1977 as "Quality Week" in the City of Cypress.
Item #8: Consideration of Request from the Orange County
Criminal Justice Council to Proclaim the Month of March as
"Burglary Prevention Month" in the City of Cypress.
Recommendation: That the Mayor and City Council proclaim the
month of March, 1977 as "Burglary Prevention Month" in the
City of Cypress.
Item #9: Consideration of Application for Alcoholic Beverage
License for Hubert Dennis Horan, 740 Avon Street, Burbank,
California, at proposed business location - northeast corner
of Orange and Bloomfield.
Recommendation: Receive and filJe.
Item #10: Consideration o~ptance of Improvements and
Release of Bonds for Parcel Map #76-3, Cypress Skateway.
Recommendation: That the City Council accept the public
improvements in Parcel Map #76-3 as being satisfactorily com-
pleted in accordance with plans and specifications and authorize
the City Clerk to release 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 #12: Consideration of Late Claim Filed Against the City
of Cypress by J. Warren Beall, Attorney, on Behalf of Karl
Wolfgang Atkinson.
City Council Minutes
February 14, 1977
Recommendation: That the City Council deny the late claim
and refer it to the City's insurance carrier for appropriate
disposition.
Item #12a: Consideration of Tricentennial Capsule Proclamation.
Recommendation: That the City Council approve the proclamation
to be placed in the Tricentennial Capsule in Westminster Memor-
ial Park on February 27, 1977.
Item #12b: Consideration of Senate Bill 164 Re: Compulsory
and Binding Arbitration.
Recommendation: That the City Council support the League
of California Cities' position in opposition to SB 164 which
proposes compulsory and binding arbitration in labor disputes
and transmit this opposition in a communication to Senator
Carpenter.
Regarding Item #11, Consideration of Acceptance of Request
for Extension of Time to Complete Public Improvements -
Tract #8126, it was moved by Councilwoman Sonju, seconded by
Councilman Hudson and unanimously carried to continue the
matter to the next meeting and request that staff investigate
and prepare a report regarding a possible problem with the
ground cover in the tract.
CONTINUATION OF CONSIDERATION OF RESOLUTION FROM THE CITY OF
ORANGE REQUESTING LEGISLATION TO CONTROL STRIKES IN THE AGRI-
CULTURAL CROP PROCESSING INDUSTRY DURING HARVEST SEASON: The
City Manager presented a report dated February 10o
It was moved by Councilwoman Sonju, seconded by Councilman
Lacayo and unanimously carried to continue this item to the
next meeting.
CONSIDERATION OF SUPPORTING LITIGATION CHALLENGING PUBLIC
LAW 94-566 REQUIRING CITIES AND COUNTIES TO PROVIDE UNEMPLOY-
MENT INSURANCE COVERAGE FOR EMPLOYEES: The City Manager
presented a report dated February 10 which transmitted a
request from Los Angeles County Supervisor Schabarum for
moral and financial support in pursuing legal action to challenge
the constitutionality of mandated unemployment insurance.
The Council agreed to forward this item to the Orange County
Division of the League of California Cities for their next
agenda.
CONSIDERATION OF MANAGEMENT SALARIES: The City Manager pre-
sented a report dated February 10 which transmitted a salary
plan for management personnel which granted a five percent
salary increase and provided a three percent incentive pay
plan as discussed at the January 31 meeting.
Councilwoman Sonju expressed objection to the total eight
percent increase.
It was moved by Councilman Hudson and seconded by Councilman
Lacayo to adopt the following Resolutions by title only,
titles as follows:
RESOLUTION NO. 1827
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ESTABLISHING SALARIES FOR CITY
EMPLOYEES DESIGNATED AS MANAGEMENT PERSONNEL.
10.
City Council Minutes February 14, 1977
RESOLUTION NO. 75
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,
ESTABLISHING SALARIES FOR DISTRICT EMPLOYEES
DESIGNATED AS MANAGEMENT PERSONNEL.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEN: Hudson,
NOES: 1 COUNCILMEN: Sonju
ABSENT: 0 COUNCILMEN: None
ABSTAINING: 1 COUNCILMEN: Harvey
Lacayo & MacLain
At Councilwoman Sonju's request, the Mayor placed Item #44
on the agenda regarding the personal use of City vehicles
by the staff.
CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATION FOR THE
PLACEMENT OF STOP SIGNS ON BLACKMER STREET AT APlA DRIVE:
The City Manager presented a report from the Public Works
Director dated February 8 indicating the Traffic Commission
recommended the stop signs because of the large volume, speed
and recklessness of traffic northbound on Blackmer to east-
bound Apia Drive and because of limited sight distance at
the intersection.
It was moved by Councilwoman Sonju and seconded by Councilman
Lacayo to adopt the following Resolution by title only, title
as follows:
RESOLUTION NO. 1828
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ESTABLISHING APIA DRIVE AS A THROUGH
STREET AT THE INTERSECTION OF BLACKMER STREET.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju
CONSIDERATION OF AUTHORIZATION TO OBTAIN PROPOSAL FOR COM-
PUTERIZED SIGNAL TIMING AND PHASING REPORT: The City Manager
presented a report from the Public Works Director dated February
8 which recommended implementation of a signal interconnect
system which would ease the traffic flow at the signalized
intersections of Valley View and the streets between Orange-
wood and Lakeshore Drive.
It was moved by Councilman Harvey and seconded by Councilwoman
Sonju to authorize staff to obtain proposals to furnish the
computerized signal timing and phasing report as described in
the staff's report and appropriate $2,000 from 2106 Gas Tax
funds to Account #10-4189-22-444. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju
11.
City Council Minutes Eebruary 14, 1977
CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATIONS FOR THE
ESTABLISHMENT OF NO PARKING AREAS ON LINCOLN AVENUE AND
BLOOMFIELD STREET: The City Manager presented a report from
the Public Works Director dated February 8 outlining areas
on Bloomfield Street and Lincoln Avenue which the Traffic
Commission recommended as "No Parking" areas due to sight
distance problems at the locations.
It was moved by Councilwoman Sonju and seconded by Councilman
Lacayo to adopt the following Resolution by title only, title
as follows:
RESOLUTION NO. 1829
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ESTABLISHING "NO STANDING ZONES"
AND "NO PARKING" AREAS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju
CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATION TO REDUCE
SPEED LIMIT ON KNOTT STREET: The City Manager presented a
report from the Public Works Director dated February 8 indi-
cating the Traffic Commission reviewed a request from the
City of Garden Grove for a reevaluation of the existing 45
m.p.h, speed limit on Knott Street from Katella Avenue to the
south City limits. Based on two speed studies conducted on
January 11, 1977 for southbound traffic south of Katella and
south of Orangewood, the 85th percentile speed has dropped
to about 46 and 45 m.p.h, respectively in the two areas.
The Commission recommended the speed reduction to 40 m.p.h.
Hearing no objections, the Mayor ordered the following
Ordinance read by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS REPEALING SECTION 16-86 OF CHAPTER
16 OF THE CODE OF THE CITY OF CYPRESS, CALIFORNIA,
AND ADDING SECTION 16-86 TO THE CODE OF THE CITY
OF CYPRESS, CALIFORNIA FOR DECREASING THE STATE
SPEED LIMIT IN CERTAIN AREAS.
It was moved by Councilman Lacayo and seconded by Councilman
Hudson to approve the first reading of the Ordinance. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS:
Councilman Hudson addressed several questions to staff re-
garding items on the warrant list and requested that staff
investigate the purchase of car batteries that are not re-
fillable and carry a lifetime guarantee and study print shop
operations which might be done in-house.
It was moved by Councilman Hudson and seconded by Mayor MacLain
to approve the Warrant List for Warrants #44510 through #44714
in the total amount of $474,661.15. The motion unanimously
12.
City Council Minutes February 14, 1977
carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo,
Sonju
It was moved by Councilman Hudson, seconded by Councilwoman
Sonju and unanimously carried to continue with the agenda
items until completed.
CONTINUATION OF CONSIDERATION OF REIMBURSEMENT AGREEMENT WITH
THE CYPRESS SCHOOL DISTRICT: The City Manager presented a
report dated February 10 and requested that this item be
continued to the March 14 meeting.
It was
Sonju
March
moved by Councilman Hudson, seconded by Councilwoman
and unanimously carried to continue the matter to
14.
CONSIDERATION OF NEW RECREATION PROGRAMS AND ACTIVITIES:
The City Manager presented a report from the Recreation and
Park Director dated February 9 which outlined proposed new
programs and fees for Spring 1977.
It was moved by Councilman Hudson and seconded by Mayor
MacLain that the City Council, acting as ex officio Board of
Directors of the Cypress Recreation and Park District, ratify
the action of the Recreation and Park Commission and approve
the fees and charges for the recommended new programs and
activities to go into effect during the Spring, 1977 session.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Harvey,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
Hudson, Sonju & MacLain
CONSIDERATION OF ESTABLISHMENT OF CANCELLATION FEE CYPRESS
COMMUNITY CENTER: The City Manager presented a report from
the Recreation and Park Director dated February 9 which indi-
cated the Recreation and Park Commission recommended a $25.00
cancellation fee for use of the Community Center.
It was moved by Councilwoman Sonju and seconded by Councilman
Lacayo that the City Council, acting as ex officio Board of
Directors of the Cypress Recreation and Park District, ratify
the recommendation of the Recreation and Park Commission and
establish a cancellation fee of $25.
Councilmen Sonju and Lacayo agreed to amend the motion to
include Councilman Hudson's suggestion that, in the event one
party cancels and a second party is able to use the facility
on that date, the cancellation fee shall not be charged the
first party. The motion unanimously carried by the following
roll call vote:
AYES: S COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju
CONSIDERATION OF "NO SMOKING" SIGNS: The City Manager pre-
sented a report from the Recreation and Park Director dated
February 9 indicating the Recreation and Park Commission rec-
ommended the establishment of "no smoking" areas in various
recreation facilities. The areas included the buildings at
Texaco and Eucalyptus Parks, the Arts and Crafts Room at
Cypress Park, and the Youth Wing of the Community Center.
13.
100
City Council Minutes February 14, 1977
Rooms which would be split on a 50/50 basis included the
Assembly Room, Auditorium and Arts and Crafts Room at the
Community Center and the Multi-purpose Room at Cypress Park.
It was moved by Councilwoman Sonju and seconded by Councilman
Hudson that the City Council, acting as ex officio Board of
Directors of the Cypress Recreation and Park District, accept
the recommendations of the Recreation and Park Commission
and establish "no smoking" areas as outlined in the report.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju
Hearing no objections, the Mayor continued Item #33,
eration of Formally Adopting Rules and Regulations,
next meeting.
Consid-
to the
CONSIDERATION OF APPROVAL OF RECREATION AND PARK DISTRICT
COMMERCIAL WARRANT LIST: It was moved by Councilwoman Sonju
and seconded by Councilman Lacayo to approve the District
Warrant List for Warrants #6223 through #6304 in the total
amount of $114,483.00. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Sonju
CONSIDERATION OF ERECTION OF WOODEN FENCE STRUCTURE AT
BAROLDI/SYCAMORE PARK: The City Manager presented a report
from the Recreation and Park Director dated February 9 indi-
cating the Cerritos Traffic Committee and Recreation and Park
Commission recommended the installation of a chain-link with
wood fence along the Cerritos Avenue and Almond Street frontages
of the park. Safety devices for children were requested as
a result of the fatal accident at Cerritos and Almond.
It was moved by Councilwoman Sonju and seconded by Councilman
Hudson that the City Council, acting as ex officio Board of
Directors of the Cypress Recreation and Park District, ratify
the recommendations of the Recreation and Park Commission to
install a wooden fence/chain-link structure at Baroldi/Sycamore
Park and to appropriate $2,000 from the General Fund to Account
#10-4111-308-08. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson,
& MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Lacayo, Sonju
CONTINUATION OF CONSIDERATION OF COMMISSION APPOINTMENTS:
The City Manager presented a report dated February 10.
It was moved by Councilwoman Sonju and seconded by Councilman
Harvey to reappoint Gerald Mullen to the Planning Commission.
A substitute motio~ was moved by Councilman Lacayo and seconded
by Mayor MacLain that the appointments to the Planning Commis-
sion and Arts and Cultural Commission be made after the inter-
view process.
Councilmen Harvey and Hudson objected to the substitute motion
and Councilman Lacayo withdrew the motion.
The original motion carried with Councilmen Hudson and MacLain
objecting.
14.
City Council Minutes
February 14, 1977
.l 0!
It was moved by Councilman Lacayo, seconded by Councilman
Harvey and unanimously carried to schedule the interviews
for the Arts and Cultural Commission vacancies for February
28 at 6:00 p.m.
Regarding Item #38, the cultural exchange program with the
City of Tijuana, Mexico, and following a report by the Rec-
reation and Park Director, the Council agreed to select
November 10 and December 10 as the dates for the trips.
Regarding Item #39, the Orange County Board of Supervisors
redistricting plan, it was moved by Councilman Lacayo, sec-
onded by Mayor MacLain and unanimously carried to receive and
file the report. The Council requested staff to send a letter
to the Board thanking them for the opportunity to respond.
Regarding Item #40 concerning a letter from the Municipal
Water District of Orange County on water conservation, Mayor
MacLain requested a staff report for the next meeting.
Regarding Item #41 concerning fire hydrants painted for the
Bicentennial, Councilman Harvey felt that to extend the
spirit of the Bicentennial the hydrants should remain as
they are until repainting is necessary.
It was moved by Councilman Harvey, seconded by Mayor MacLain
and unanimously carried to retain the Bicentennial character
of fire hydrants. Staff stated they will convey the Council's
action to the Southern California Water Company.
Regarding Item #44 concerning the use of City vehicles by
the City staff, it was moved by Councilwoman Sonju, seconded
by Mayor MacLain and carried, with Councilman Hudson objecting,
to request a staff report for the next meeting and that this
be the first item on the agenda.
EXECUTIVE SESSION: Mayor MacLain called an Executive Session
for matters of litigation at 12:00 a.m. The meeting was
called back to order at 12:10 a.m. with all Councilmen present.
ADJOURNMENT:
It was moved by Councilman Lacayo, seconded by Councilman
Hudson and unanimously carried to adjourn the meeting at
12:10 a.m. to Monday, February 28 at 6:00 p.m.
MAYOR OF THE 'CITY OF CYPRESS
ATTEST:
CItY CLERI( OF THE/CITY OF
CYPRESS