Minutes 70-05-27MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
May 27, 1970
The adjourned regular meeting of the Cypress City Council was called to order at
7:30 p.m., on Wednesday, May 27, 1970, in the City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor John Kanel presiding.
PRESENT: Councilm~n Harvey, Kanode, Lacayo, l~aberts and Kanel
AB SENT: None
Also present were City Manager/City Clerk Dartell Essex, City Attorney James
Eo Erickson and the following members of the City Staff: Dunlap, Poertner,
Putnam, Nudson, Coakley, Grissom, and Lt. Shumard.
PLEDGE OF ALLEGIANCE:
At the request of Mayor Kanel, Councilman Harvey led the City Council and
audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS:
There were no oral communications presented at this time.
It was moved by Councilmen Roberrs and seconded by Councilman Kanode to proceed to
Items 6, 7, 8 and 10 on the agenda at this time, and to concur with the recovm~nd-
ationso
Councilman Harvey indicated that he will be voting against the motion, as he
felt each item shoul8 be handled on an individual basis.
The metion carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Kanode, Lacayo, Roberrs and Kanel
Harvey
None
Item No~ 6: Communication from Jack H. Kimball, District Manager, Orange
County Mosquito Abatement District transmitting minutes of the District
meeting held on April 16, 1970.
Recommendation: Receive and file.
Item No. 7: Co'amunication from the Department of Alcoholic Beverage
Control advising of transfer of On-Sale Beer and Wine license of the Straw
Hat Pizza Palace.
Reco~unendation: Receive and file.
Item No. 8: Communication from James A. Moe, Director of Public Works,
advising of Topics Fund allocation to the City of Cypress for 1970-71 Fiscal
Year.
Reco=mendation: Receive and file
ItJm No. 10: Comunication from Mrs. Marjan Bakke expressing concern
re~arding the Park and Recreational services in the con~nunity.
E~commendation: That the City Council authorize the City Manager
to respond to the communication advising Mrs. Bakke of the City Council action
regarding the Cypress Park and Recreation District.
City Council Minutes
May 27, 1970
COM~UNICA~IQN FROM AR~ LINKLETTER, ST~TE~WIDE CO-CHAIRMAN FOR PROPOSITION 1,
TRANSMITTING A COPY OF SAMPLE RESOLFfIO~ IN _SUPPORT OF pROPOSITION 1: The
City Manager reviewed a communication dated May 5, 1970, addressed to Mayor
Kanel from Art Linkletter, Statewide Co-Chairman for Proposition I, which
transmitted a sample resolution in support of Proposition 1, and requested
Council support of this measure by adopting the proposed resolution.
It was moved by Councilman Harvey and seconded by Councilman Roberts to
adopt the following Resolution by title only, title as follows:
RESOLUTION NO, 1072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPPORTING THE PASSAGE OF PROPOSITION NO. 1 ON THE
JUNE 2, 1970 BALLOT.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Kanel
None
None
COI{4UNICATION FROM H. C. LeMANQUAIS, ,.. ?ECORDER F. QR...EL .B.E. KAL SHRINE. .AND .T.E~PLE,
LONG BEACH, REQUESTING WAIVER OF ADMISSIONS TAX AND. BUSINESS LICENSE FEE FOR
CIRCUS AND ~ARNIVAL TO BE HELD AT LOS AL.AMITOS RACE TRACK M~.Y .30 AND 31, .1970:
The City Manager reviewed a cotmnunication dated May 18, 1970, from Mr. H. C.
LeManquais, Recorder for E1 Bekal Shrine and Temple in Long Beach, requesting
the waiver of admissions tax and business license fee for the circus and
carnival to be held at the Los Alamitos Race Track on May 30 and 31, 1970.
It was moved by Councilman Harvey and seconded by Councilman Lacayo to grant
the request for waiver of the admissions tax and business license fee for the circus
and carnival to be held by E1 Bekal Shrine and Temple on May 30 and 31, 1970, at
the Los Alamitos Race Track. The metion was unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
COMMUNICATION FROM WILLIAM H. KRAUS, CITY MANAGER, CI.~Y OF .L. qS .ALA~.ITOS,
ADVISING OF MEETING SCHEDULED FOR WESTERN ORANGE COUM..TX..CITIES .T0 D.~S. CUS$
ITEMS OF MUTUAL INTEREST: The City Manager reviewed a co~anunication dated
May 19, 1970, from City Manager William H. Kraus. City of Los Alamitos,
advising the City Council that a meeting of the Western Orange Coumty
cities has been scheduled for 7:00 p.m., Thursday, June 18, 1970, for the
purpose of discussing items of mutual interest such as the future of the Naval
Air Station. The con~nunication requested that the City indicate the number
of participants who would be willing to attend this meeting.
It was moved by Councilman Lacayo and seconded by Councilman Roberrs
that the Mayor represent the City of Cypress at the meeting of the Western
Orange County cities scheduled for June 18, 1970.
Discussion followed concerning the representatives from the City, following
which Councilman Lacayo ~d Councilman Roberrs agreed to amend their motion
as follows:
It was meved by Councilman Lacayo, seconded by Councilman Roberts and unanimously
carried that the participants from the City of Cypress to the meeting of the
Western Orange County cities, scheduled for June 18, 1970, will include
the entire City Council, the City Manager, Mrs. Sharrun Pritchett, with the
Mayor as spokesman for the body.
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City Council Minutes May 27, 1970
It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously
carried to hear the oral communications at this time.
ORAL COMMUNICATIONS:
Mr. F. Ward, 4252 Fontainbleau Avenue, Cypress, addressed the Council relating the
difficulties which he has encountered regarding the requirements for a specific
type of fence surrounding his swimning pool, which is under construction. Mr.
Ward indicated that when he received his permits for the construction of the
pool from the City, that he was not informed of the fencing requirement, and
now finds that he needs to obtain permission from his neighbors in order to
construct the fence.
At the request of Mayor Kanel, Mr. Ward described the fences which were installed
by the Developer in his particular tract.
In response to an inquiry from Councilman Roberrs, Mr. Ward stated that he
was aware that the fence surrounding a swimming pool must be five feet high
and non-climbable; however, indicated that he should have been informed of
this when the permaLts were issued.
In response to a question from Councilman Harvey, Mr, Ward stated that he has
not yet asked his neighbors for their permission with regard to constructing
the fence°
In answer to an inquiry from Councilman Lacayo, Mr. Ward indicated that he has
been in the process of constructing his pool for 1~ m~nths, and that a notice
informing him of the fencing requirements was left in his yard approximately
three to four days ago.
At the request of Mayor Kanel, the Building Superintendent explained the procedure
whereby the Building Department is notified of pool construction and an inspection
of the fence is made, afterwhich, the owner is informed of any corrections to be
made. He indicated that the five foot fence must be in at the time of inspection
and that the pool company assumes no liability in this area.
In response to an inquiry from Mayor Kanel concerning a statement made by Mr.
Ward, the Building Superintendent stated that he was aware of several homes
which had not complied with the fencing requirements.
Discussion ensued with regard to those being in violation of the Ordinance, and
the importance of conforming for reasons of safety. Mr. Ward stated that
he did not object to the requirement for safety reasons; however, did feel
that the same rules should apply to everyone.
It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously
carried to place this item on the agenda for consideration at this time.
It was moved by Councilman Kenode and seconded by Councilman Harvey that this
matter be referred to the City Staff and the City Attorney for investigation
and to report back to the Council with a recommendation as to what course of
action the City should take concerning this matter,
Following discussion, Councilman Harvey suggested that Mr. Ward contact his
neighbors in order to request permission for the construction of a proper fence.
The City Attorney indicated that he would help Mr. Ward locate one of his
neighbors, who apparently has been out of the community for some time, and
further indicated that he would explore ways in which to solve this problem.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
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City Council Minutes
May 27, 1970
EXECUTIVE SESSION:
It was moved by Councilnma Roberrs, seconded by Cotmcilman Lacayo and unanimously
carried to go into an Executive Session at 8:42 p.m, for the purpose of
discussing litigation. The meeting was called back to order at 9:50 p.m., with
all City Councilmen present.
~p~TINUATION OF CO~.~IDERATION OF COMMUNICAT!QN .FROM MR, PETER iGIOVANNONI REQU~STING
ISSUANCE OF BUILDING P~RMITS .FOR .AN .APARTMENT .DEVELOP~NT LOCATED AT_9661
GRAHAM STREET: The City Manager reviewed a report dated May 21, 1970 which
indicated that the request of Mr. Peter Giovannoni for the issuance of a
building permit for a proposed apartment development on property located at
9661 Graham Street was continued to allow for the attendance of all Councilmen.
At the request of Councilman Kenode, the City Manager reviewed what had
transpired relative to Mr. Giovannoni's request for a hardship consideration in
the construction of apartment units.
Following discussion, it was moved by Councilmen Kenode and seconded by Councilman
Lacayo to grant the request of Mr. Peter Giovannoni for the issuance of a
building permit for the proposed apartment development located at 9661 Graham
Street, The motion carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 2 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode and Lacayo
Roberrs and Kanel
None
CONSIDERATION O.F RESOLUTION DECLARING A NUISANCE AND ORDERING THE ABATEMENT
OF SAME BY THE OWNER OF THE PROPERTY LOCATED ON THE .~Q.UTH SIDE OF LINCOLN
AVENUE APPROXIMATELY 164 FTq EAST OF DENNI STP~E. ET, A~SS93'S PARCELS NO.
244-351-0.4., 244-351-05,.and 244-351-06: The City Manager reviewed a report
dated May 21, 1970 which indicated that the City Manager and the City Attorney
have prepared a resolution finding that the conditions as stated during the
Public Hearing held on May 11, 1970, constituted a public nuisance on the
subject property, and outlining in specific terms the abatement required to
correct the nuisance condition. The report further indicated that should the
resolution be adopted by the City Council, the property owner is allowed a 30 day
period in which to comply with the contents of the resolution at which time the
City Staff is authorized to proceed with the abatement with the cost to be levied
as a special assessment on the property on the succeeding fiscal year tax roll.
It was moved by Councilman Roberrs and seconded by Councilman Harvey to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 1073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING AND DECLARING CERTAIN PREMISES WITHIN THE CITY
TO BE A NUISANCE, AS DEFINED IN ARTICLE III OF CHAPTER
13 OF THE CYPRESS CITY CODE, AND ORDERING THE ABATEMENT
OF THE SAME BY THE OWNER THEREOF.
At the request of Councilman Roberrs, the City Manager read the sections of the
Resolution which outlined the general condition of the property in question.
Mr. John Zitny, 6335 Beach Blvd., Attorney representing Mr. Coelho, addressed
the Council stating that almost all of the items contained in the Resolution
have been abeted.
At this time the City Attorney informed Mr. Zitny that the Public Hearing on
this matter had been closed, and that no further testimony could be received.
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City Council Minutes
May 27, 1970
Councilman Harvey stated that it has been a policy of the Council to hear
from members of the audience, and indicated that he would be agreeable to
listen to cormnents from Mr. Zitny as long as what is presented would not
be considered evidence.
In response to an inquiry from Councilmm~ Kanode, the City Attorney advised
that neither he nor Councilman Lacayo would be able to participate in the
voting on this item since they were not present during the Public Hearing.
Mr. Zitny stated that all of the items contained in the Resolution would be
acceptable and have either been abated or are in the process of being abated
except the requirement to remove the tin cans which in effect, would put Mr,
Coelho out of businesso He further stated that he did not feel that the 30-day
time period would be sufficient time to allow Mr. Coelho to relocate,
In answer to an inquiry from Councilman Roberts, Mr. Zitny stated that Mr,
Coelho has put in a request with various ~eal estate brokers with multiple
listings in the area~ Mr, Zitny further requested that the Council consider
the economic hardship in this case, as the front portion of the property is
being leased, and the back portion is zoned Highway Commercial which would be
difficult to utilize as such.
The City Attorney advised Mr. Zitny that the purpose of the Public Hearing was
to determine whether or not the condition of the premises, including the storage
of the tin cans, constituted a public nuisance.
Discussion ensued relative to the possibility of allowing the cans to remain
provided the height of the stack was controlled, and that there would be a
method of cleaning the cans before stacking them.
Councilma~ Harvey indicated that the process of cleaning the cans would probably
preclude the business. He further indicated that it was not the intent of the
Council to put Mr, Coelho out of business, however, the testimony presented
at the Public Hearing did indicate that a nuisance existed. Councilman Harvey
stated that he, personally, would like to extend the 30-day period; however, has
been informed that this could not be done.
In response to a question from Councilman Harvey, the City Manager indicated
that the City started notifying Mr~ Coelho that his property was a non-conforming
use in 1968.
Following further discussion, Councilmen Roberrs called for the question, which, as
explained by Mayor Kanel, is a motion to end all debate and does not involve
the original motion.
The motion carried by the following roll call vote:
AYES: 2 COUNCILMEN:
NOES: 1 COUNCILMAN:
ABSENT: 0 COUNCILMEN:
ABSTAINED: 2 COUNCILMEN:
Roberrs and Kanel
Harvey
None
Kanode and Lacayo
The motion to adopt the Resolution carried by the following roll call vote:
AYES: 2 COUNCILMEN:
NOES: 1 COUNCILMAN:
ABSENT: 0 COUNCILMEN:
ABSTAINED: 2 COUNCILMEN:
Roberrs and Kanel
Harvey
None
Kanode and Lacayo
Councilman Harvey stated that he voted against limiting debate as he did want
to express his feelings again about providing some additional tima for Mr.
Coelho to remove his business from its current location, and had hoped that
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City Council Minutes
May 27, 1970
the Council might have considered tabling the matter in order to allow for
more time. Councilma~ Harvey indicated that he therefore felt it appropriate
to vote against the adoption of the Resolution at this particular time, although
he was in sympathy with the Resolution.
Councilman Roberrs indicated that the Council had given ample opportunity to
have something worked out in this case, and that the testimony which was brought
out during the Public Hearing Justified the action taken on this matter.
Discussion was held relative to the abatement process, whereby Councilman Harvey
suggested that it would be to Mr. Coelho's advantage to remove the tin cans
within the 30-day time period.
CONTINUATION OF SECOND READING OPaINANCE AMENDING ORDINA~.CE NO. 90, ZONING
ORDINANCE, ..KNOWN AS ZONE .CHANGE NO. Z-186: The City Manager reviewed a report
dated May 21, 1970 which indicated that due to the lack of a full representation
of the City Council at the regular meeting of May llth, the second reading
of the subject Ordinance did not receive sufficient votes to be adopted, and,
for this reason, the City Council requested that this matter be continued to the
City Council meeting of May 25, 1970.
It was moved by Councilman Fanode and seconded by Councilman Harvey to
read the following Ordinance by title only. The metion was unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanode, Lac~o, R~erts and Kinel
None
None
Title of the Ordinance is as follows:
ORDINANCE NO. 431
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING
THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-i (SINGLE-FAMILY
RESIDENTIAL) TO C-1 (NEIGHBORHOOD STORES) AND C-C (CIVIC CENTER)
ZONE CHANGE NOt Z-186.
It was moved by Councilman Kanode and seconded by Councilman Harvey to approve
the second reading of this Ordinance. The motion carried by the following
roll call vote:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMAN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanode, Lacayo and Roberrs
Kanel
None
It was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously
carried to consider item no. 21 on the agenda as item no. 15 a. at this time.
CONSIDERATION OF ACQUISITION OF ADDITIONAL PROPERTY: The City Manager reviewed
a report dated May 21, 1970, which indicated that the City Council at its
regular meeting of May 11, 1970, continued consideration of this item due to
the lack of full representation on the Council.
At the request of Mayor Kanel, the Planning Director pointed out the subject
property on the aerial map.
Discussion ensued relative to the possibility of expanding the Civic Center
at some future date.
It was moved by Councilman Harvey and seconded by Councilman Kanode to authorize
the City Manager to analyze the potential need to expand the Civic Center property
and to obtain appraisals on the two parcels of property which have been offered
for sale.
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City Council Minutes
May 27, 1970
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Kanel
None
None
CONSIDERATION OF APPROVAL OF PLANS AND SPECIFIC4~O~S, .RIq~0F-WAY C~RTIFICATION,
AND AUTHORIZATION TO ADVERTISE FOR BIDS ON VALLEY VIEW S~.REET FRO~.L!NCOLN AVE,
TO ORANGE AVENUE: The City Manager presented a report dated May 19, 1970 from
the Public Works Director, which indicated that the Engineering Division has
completed the plans and specifications for Valley View Street from Lincoln
Avenue to Orange Avenue. The report outlined the locations where the additional
24 feet of asphaltic concrete pavement would be used, and indicated that the
additional pavement would allow for the installation of a protected left turn
pocket at the College entrance. The report further indicated that the project
would also include a traffic signal at the intersection of Valley View Street
and the entrance to Cypress College. The total project cost is estimated at
$48,206~00~
Councilman Harvey questioned the feasibility of installing a traffic signal
at the College entrance, and indicated that the provision for a left turn
pocket seemed to be adequate. In response to an inquiry from Councilman Harvey,
the Police Chief stated that there has been one fatality at the intersection,
and that there has been a problem with congestion.
Following discussion, it was meved by Councilman Lacayo and seconded by
Councilman Roberrs to approve the plans and specifications for Project No.
7101-10-0578, and to authorize the City Clerk to advertise for bids with the bid
date to be set when approval and authorization is received from the Orange
County Road Department. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Kanel
None
None
It was moved by Councilman Roberrs and seconded by Councilman Lacayo to authorize
the Mayor to sign the Right-of-Way Certification and the City Clerk to attest
to the signature. The motion was unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberts and Kanel
None
None
CONSIDERATION OF FISCAL YEAR 1970-71 ARTERIAL HIGHWAY FINANCING PROGRAM
ADMINISTRATION AGREEMENTS: The City Manager reviewed a report dated May 18, 1970
from the Public Works Director which indicated that each year the County of
Orange allocates a portion of the county's allocation of State Gas Tax funds
to the City to be administered by the Road Department under its Arterial
Highway Financing Program. The report outlined the projects which were
submitted by the City last December, and which were approved by the A.H.F.P.
Committee and the Board of Supervisors. The report further stated that the
County of Orange has forwarded standard administrative agreements to the City
for each project and has requested that the City of Cypress execute the
agreements.
It was moved by Councilman Roberrs and seconded by Councilman Fanode to approve the
Administrative Agreemant for A.H.F.P. Project #578, Valley View south of Lincoln,
and to authorize the Mayor to sign the Agreement and the City Clerk to attest
to his signature. The motion was unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberts and Kanel
None
None
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City Council Minutes
May 27, 1970
It was moved by Councilman Kenode and seconded by Councilmen Harvey to approve the
Administrative Agreement for A.H .F.P. Project #553, Holder Street from Orange
Avenue to Ball Road and to authorize the Mayor to sign the Agreement end the
City Clerk to attest to his signature. The motion was unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kenel
None
None
It was moved by Councilman Harvey end seconded by Councilman Lacayo to approve the
Administrative Agreement for A.H.F.P. Project #568, Orangewood, Knott to Valley
View end to authorize the Mayor to sign the Agreement and the City Clerk to
attest to his signature. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
CONSIDERATION OF REVISION TO THE IRRIGATION SYSTEM C.Ip~..qE OPaER NO. 2,
'~ETARDING BAS,.~q, CYPRE. SS STOI{M SEWER PROJ~.~T WS 6-05-030.2: The City Manager
presented a report dated May 20, 1970 from the Public Works Director which
requested City Council approval of Change Order No. 1, on the contract with
Buccola and Carlos, to install an automatic irrigation system at the Retarding
Basin in lieu of a manual type which would be more costly to maintain.
In response to an inquiry from Councilman Roberrs, the City Manager indicated
that funds from the Drainage Bond Construction Fund were available for this project
It was moved by Councilman Roberrs and seconded by Councilman Kenode to approve
on HUD Project #WS 6-05-0302, City Project #6854-20-40, Change Order No. 2 for
the retarding basins to change from a manual irrigation system to an automatic
irrigation system. The motion was unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
It was moved by Councilman Harvey and seconded by Councilman Kenode to appropriate
$500.00 from the fund balance of the 1968 Drainage Bond Construction Fund to
City Project #6854-20-0040 to cover the cost of Change Order No. 2 on the
contract with Buccola and Carlos, Inc. The motion was unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, R~berts and Kanel
None
None
CONSIDERATION OF AGREEMENT BETWEEN CITY OF LOS ALAMITO~ AND.T~.E CITY OF CYPRESS
REGARDING KATELLA AVENUE AT LEXINGTON STREET: The City Manager presented a
report dated May 19, 1970 from the Public Works Director which indicated that
the Engineering Division had received a request from the City of Los Alamito8
to enter into an agreement with the City of Los Alamitos for improvement of
Katella Avenue at the west boundary of the City of Cypress. The report further
indicated that a small portion of the total project is in the City of Cypress
which will complete the curb along the entire frontage on Katella Avenue within the
City of Cypress from Walker Street to the west City boundary.
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City Council Minutes
May 27, 1970
It was moved by Councilman Harvey and seconded by Councilman Kenode to approve
the Agreement to improve Katella Avenue at the west boundar~ of the City of
Cypress and to authorize the Mayor to sign and the City Clerk to attest the
Agreement, subject to review of the form of Agreement by the City Attorney. The
motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ASSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
It was moved by Councilman Lacayo and seconded by Councilman Roberrs to appropriate
$1,100.00 from the fund balance of the 2106 Gas Tax Fund to Project 7107-10-0006.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ASSENT: 0 COUNCILMEN:
Harvey, Fanode, Lacayo, Roberrs and Kanel
None
None
RECESS:
Mayor Kanel declared a recess at 11:15 p.m. The meeting was called back to
order at 11:21 p.m. with all Councilmen present.
It was moved by Councilman Roberrs and seconded by Councilman Harvey to continue
item no. 20 to the next regular meeting of the City Council, scheduled for
June 8, 1970. The motion was unanimausly carried by the following roll call
vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ASSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
CONSIDERATION OF PURCHASE OF GASOLINE ANNUAL CONTRACT: The City Manager reviewed
a report dated May 21, 1970 which indicated that the contract awarded July 14,
1969 for gasoline and routine maintenance of City automotive vehicles was
terminated April 24, 1970 upon termination of business by Harm H. Miller,
lessee of the service station at 9972 Valley View Street. The report outlined
the advantages in savings which would be afforded the City by utilizing the
County Contract prices for' the purchase of gasoline. The City Council was advised
that the City would be prohibited from selecting bids in the event it was determined
to utilize the County Contract with Standard Chevron Stations.
Following discussion regarding the fact that the only Standard 0il Station in the
community is now closed, it was moved by Councilman Lacayo and seconded by Councilman
Kenode to purchase gasoline for the City under the County Contract in the 1970/71
Fiscal Year.
At the request of Councilman Harvey, the City Manager stated that he would
direct a communication to the Standard Oil Company inquiring as to the possibility
of the reopening of the service station at Cerritos and Moody.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ASSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
CONSIDERATION OF '~0 PARKING" AREAS: The City Manager presented a report dated
May 21, 1970, which indicated that at its meeting of May 8, 1970, the Advisory
Traffic Committee considered and voted to recommend to the City Council
establishment of certain "no parking" areas within the City, and outlined
the areas which were considered.
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City Council Minutes
May 27, 1970
Following discussion, it was moved by Councilman Lacayo a~d seconded by Councilman
Kenode to adopt the following Resolution by title only, title as follows:
RESOLUTION NO.
A RESOLUTION OF THE CITY COL~NCIL OF THE CITY
OF CYPRESS ESTABLISHING NO PARKING AREAS.
Councilman Harvey indicated that a '~o parking" area at the beginning of the
curb on the south side of Lincoln Avenue to 140 feet east of Denni Street
would cover the entire footage in front of the Shell service station on the
Southeast comer, and would therefore eliminate parking in front of the
phone booth, which might be needed in case of an emergency. Councilm~
Harvey suggested that an area adequate for a vehicle to park be excluded
from the red curbing in front of the phone booth, to which Councilme~ Kenode
agreed.
Following discussion, Councilman Lacayo and Councilman Kenode withdrew their
motion to adopt the Resolution establishing '~o parking" areas.
It was moved by Councilman Lacayo and seconded by Councilman Kenode to continue
this item to the next regular meeting of the City Council scheduled for June
8, 1970. The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
CONSIDERATION OF RESOLUTIONS REGARDING CREATION OF SUBSIDIARY DISTRICT: The
City Manager reviewed a report dated May 21, 1970, which "ind'~'~a~ed that the
City Manager and City Attorney have reviewed the procedures to be followed,
and conferred with the Executive Director of the Local Agency Formation
Commission regarding the creation of a subsidiary district as proposed by the
City of Cypress. The report further indicated that the City Attorney has
prepared two additional resolutions which, if adopted, will expedite the proceeding~
before both the Local Agency Formation Commission and the Orange County Board
of Supervisors.
It was moved by Councilman Roberrs and seconded by Councilman Kenode to
adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 1074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONSENTING TO THE ESTABLISHMENT OF THE CYPRESS RECREATION
AND PARK DISTRICT AS A SUBSIDIARY DISTRICT OF THE CITY OF
CYPRESS, AND REQUESTING THE BOARD OF DIRECTORS OF SUCH
DISTRICT GIVE ITS CONSENT THERETO.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
It was moved by Councilman Harvey and seconded by Councilman Kenode to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 1075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
OF ITS INTENTION TO PROVIDE EQUAL SERVICES TO ALL RESIDENTS
OF THE CYPRESS RECREATION AND PARK DISTRICT UPON ITS ESTABLISH-
MENT AS A SUBSIDIARY DISTRICT~
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City Council Minutes
May 27, 1970
Discussion ensued relative to the employees of the Park District retaining all
of their benefits such as retirement, insurance, etc., and Councilman Roberrs
stated that he would like to have such a clause included in the Resolution.
Councilman Harvey and Councilman Kenode indicated that they would agree with
Councilman Robertso
The metion was unanimously carried by the following roll call vote:
AYES:
N0E S:
AB SENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
It was moved by Councilman Roberrs and seconded by Councilman Lacayo that
consideration of a Consent Calendar be placed on the agenda for the next
regular meeting of the City Council. The motion was unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
Councilman Roberrs requested a briefing on the police policies and procedures
which would be utilized in the event of campus disorders.
In response to an inquiry from Councilman Kenode, the City Attorney explained
the procedure for appealing a Conditional Use Permit.
It was moved by Councilman Kenode and seconded by Councilman Harvey to place
the consideration of Conditional Use Permit C-231 on the agenda at this time.
Councilman Kenode stated that in order to expedite action on the subject Conditional
Use permit, this matter should be placed before the City Council at the earliest
possible time.
Following a brief discussion, it was moved by Councilman Kenode and seconded
by Councilman Harvey to appeal the Planning Commission decision on Conditional
Use Permit C-231~ The motion was unanimously carried by the following roll call
vote:
AYES:
NOES:
AB SENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
ORAL COMMUNICATIONS:
Mr. Ed Warmington, 300 North Newport Boulevard, Newport Beach, addressed the
Council with regard to the action which was taken earlier concerning the
appeal of his proposed development, which was recently approved by the Planning
Commission under Conditional Use Permit C-231. Mr. Warmington stated that
he has done everything according to the City's Ordinance and that he has
tried in every way to work with the City, and would like clarification as to why
the Council appealed his Permit.
The City Manager reviewed the appeal procedure and explained that the Conditional
Use Permit would probably be scheduled for Public Hearing at the City Council
meeting of 3une 22, 1970.
Councilman Kenode stated that his motion was made in order to expedite action
on the Conditional Use Permit and to avoid any further delays in this matter.
The City Attorney explained that an appeal of this type is an authorized procedure
under the code of the City and that the Urgency Ordinance freezing the issuance of
Building Permits on multiple-family development has no relationship to the action of
the Council in appealing the Conditional Use Permit.
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· !: ~
City Council Minutes
May 27, 1970
Councilman Roberrs stated that it is not the intent of the Council to prevent
multiple-family development within the City of Cypress, but only to establish
standards which will benefit both the developer and the City.
Mr, Warmingtonindicated that the Building Industry Association has committees
of qualified professionals who would he glad to assist the City in its study
of the Ordinances, and would also be willing to review the study which was
recently submitted by Mr. Wise.
Mr. Leon Hyter, Keystone Savings and Loan Corporation, addressed the Council
stating that he has two proposals for multiple-unit developments, and questioned
whether or not he should submit his plans.
Councilman Roberrs indicated that if Mr. Hyter's plans exceeded all of the
standards that are being considered, he would see no reason not to proceed.
He further indicated that the City Council is working on a solution to the
apartment issue, and will lift the freeze as quickly as they can.
ADJOURNMENT:
It was meved by Councilman Harvey, seconded by Councilman Lacayo and unanimously
carried to adjourn the meeting at 12:36 p,m.
ATTEST:
CITY ~CLERK Ol~' THE CITY OF CYPRESS
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