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HomeMy WebLinkAboutMinutes 72-01-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HEL~ January 10, 1972 The regular meeting of the Cypress City Council was called to order at 4:01 pom., on Manday, January 10, 1972, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding~ PRESENT: Councilmen Lacayo, Roberrs and Harvey ABSENT: Councilmen Kanel and Kenode Also present were City Manager/City Clerk Dartell Essex, Assistant City Attorney Leo Hampel and the following members of the City Staff: Savord and Nudeono EXECUTIVE SESSION: It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to go into an Executive Session at 4:05 p.m., to discuss a matter of litigation~ COUNCILMAN KANODE ARRIVED AT 4:08 PoM. The meeting was called backto order at 4:37 pomo, with the following Councilmen present: PRESENT: Councilmen Kanode,.Lacayo, Roberrs and Harvey ABSENT: Councilman Kanel It Was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to place on the aEenda at this time, the consideration of retaining the services of a special counsel° It was moved by Councilman Kenode and seconded by Councilman Lacayo to obtain the services of Mr, Kelly Soymore, Attorney at Law, at the rate of $50,00 per hour plus reasonable expenses, to represent the City of Cypress in current litigation matters relating to massage services, and to assist inthe conduct of the Public Hearings regarding the appeal of the Police Chief's decision to deny two applications for massage technician permits, which are scheduled for the evening session of the City Council, The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Harvey None Kanel At the request of Mayor Harvey, it was moved by Councilman Kenode, seconded by Councilman Robarts and unanimously carried to place on the agenda for consideration au this time, a ReSolution commending City resident Mr~ Terry Kubicka, who holds the United States Novice Men's Figure Skating title° It was move] by Councilman Kenode, seconded by Councilman Roberrs and unanimously carried to direct the City Manager to prepare an appropriate Resolution commending Mr, Terry Kubicka, It was moved by Councilman Kenode, seconded by Councilman Roberrs and unanimously carried to proceed to Item No. 36 on the agenda at this time° January 10, 1972 City Cc~n~Z Minutes CONSIDERATION O[ RECOMMENDATIONS. OF ~BE'PLANNING COMMISSION AND RECREATION AND PARK COMMISSIONON'A'PROPOSED =PARK'BOND'ISSUE: The City Manage'r presented a report dated January 6, 1972 which advised that on December 16, 1971, a Joint meeting was held between the Cypress Planning Commission and the Recreation and Park Commission for uhe purpose of discussing a proposed Park Bond Issue for the City of Cypress~ A~ the invitation of Mayor Harvey, Mrs° Connie Bleick, 4951 Lemon Avenue, Cypress, addressed the City Council in reference to a proposed Park Bond Issue° It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to continue the consideration of this item to its regular place on the City Council agendao I= was moved by Councilman Rebates, seconded by Councilman Kenode and unanimously carried to consider Items Now 30, 2 and consecutively thereafter~ at this time° CONSIDERATION OF AREQUESTFOR APPROPRIATION OF OPTIONALDESIGNFEES TOPARK LIGHTING PR03ECT: The City Manager presented a report dated January 6, 1972 Which indicated that during the budget discussions for 1971-72, consideration was given to the possibility that optional design fees could be used in conjunction with Cypress Recreation and Park District funds for kighting improvement of park sites wl=hin the City° It was mD~ed by Councilman K~node and seconded by Councilman Robarts to appropriate $13,037..70 from Account i1~2840-001 and $35,908.65 from Account 11-2840-002 to Oak Knoll Park Account 11-4704-474o The motion was unanimously carried by the f~li~wing roll cal~ vote; AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Fanode, Lacayo, Roberrs and Harvey None Kanel CONSIDERATION OFAWARD OECONTRACTOF. ELECTRICAL IMPROVEMENTS AT OAK KNOLL, CYPRESS/ARNOLDANDTEXACO/CBESTNUT~PARKSiPROJECT'#01,4700~201.~ The Cit~ Manager presented a rep~ from the Recreation and Park Director, dated January 5~ 1972, which indicated the City Council, at its meeting of December 13, 1971, approved the plans and specifications for the subject electrical improvements and a~therized the City Clerk to advertise for blde~ Outlined in the report, were the results of the bide submitted~ it'was moved by Councilman Roberrs and seconded by Councilman Fanode to determine that Allan Electric Company, 1212 West Struck, Orange, California, submitted the lowest and best bid, and to award a contract for installation and erection of e~ectrtcal improvements at Oak Knell (Item #1) and CFpress/Arnold Park {Alternate "B") known as ProJ oct #01-4700-201 per their proposal dated January 4, 1972~ in the amount of $86,640° The motion was unanimously carried by the following roll call vote~ AYES: 4 COUNCILMEN: NOES: 0 COUNCILMENC ABSENT: 1 COUNCILMEN: Kanode, Lacayo, Roberrs and Har~ey None Kanel CONSENT CALENDAR: The Mayor announced that all matuers listed on the agenda under "Consent Calendar" were to be considered by the Council as routine and enacted by one motion approving the Recom~nendation on the AdminiStrative Report concerning the matter° At the request of Councilman Roberrs, Item Nee 6 on the Consent Calendar was removed~ It was moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously cerried to approve Items No~ 3 through 13, with the exception of Item Nee 6, on the Consent Calendar° - 2- City Council Minutes january 10, 1972 Item Neo 3~ Consideration of League of California Cities Committee Appointments° Recommendation: That the City Council authorize Mayor Robert Harvey to serve on the League Committee on Transportation and that he be reimbursed for actual and necessary expenditures incurred as a result of this committee appointment. kem No~ 4: Consideration of a communication from the law firm of Richman& GarreEt notifying the City of the filing of a complaint in the UoSo District Court regarding certain sections of the plumbing code° Recommendation: That the City Council receive and file this communicaticn~ Item Noo 5: Consideration of a request for alterations of building on Camp Street~ Recommendation: That the City Counail authorize Straight Talk, Inc. to alter the building under lease to that organization, as requested in the communication dated December 21, 1971, from Mrs° Moss, President, Straight Talk, Into Item No~ 7~ ConsideratiOn of a Resolution of the City of Camarillo requesting immediate action to apply stricter requirements on discharges to the ocean° Recommendation: Receive and fileo Item Ncl> St Consideration of a re'quest for transfer of on-sale beer license-- 60'}2 Lincoln Avenue° Recc~aendation: Receive and fileo Item No~ 9= Consideration of a request for transfer of on-sale beer license-- 8850 Walker Street° Recommendation.~ Receive and fileo Item Noo 10~ Consideration of claim filed by the law firm of Carrol & Rceuagno on behalf of claimant Maximo Gallardoo Recommendation: That the City Council deny the claim for personal injuries from the law firm of Carrol & Rostagno on behalf of Maximo Galtardo and refer the claim ~o the City's insurance carrier for the appropriate disposition° item No o 1i: Consideration of a request from Asee~Dlyman Floyd Wakefield supporting an initiative to repeal Assembly Bill 724 and Assembly Bill 725 dealing with school attendance centers to eliminate racial and ethnic imbalanceo RecommenUanion: Receive and fileo Item No. 12: Consideration of Resolution opposing the services of warrants by the Orange County Marshal's Office° Recomm~end&=ion: That the City Council request the City representative to the Orange County League of California Cities Executive Committee tc express the City of Cypress' opposition to the service of arrest and bench warrants by the Orange County Marshal's Office for the reasons outlined by the CitF of Westminster and the Orange County Police and Sheriff's AssociatiDno Item Noo 13c Consideration of certification of employment list for Police Woman. Recommendation: That the City Council approve the employment list for the position of Police Woman as submitted~ - 3- City Council Minutes january 10~ 1972 CONSIDERATIONOF REQUEST TOPARTICIPATEIN THE ORANGE COUNTY HOUSING AUTHORITY: The City Manager advised that the City has received a communication with attachments from Supervisor Robert Battin, requesting the City Council to determine whether or not the City of Cypress wishes to participate in the Orange County Rousing Authority at this time~ It was moved by Councilman Roberrs, seconded by Councilman Kanode and unanimously c~rried to continue the consideration of this matter to the next regular meeting of the City Council, scheduled to beheld on January 24, 1972, in order to allow sufficient time for the Staff to provide additional information pertaining to the direct effect the Orange County Rousing Authority would have on the City of Cypress~ It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to consider Item Noo 20 on the agenda. CONSIDERATION OF RECOMMENDATION OF THE CYPRESS RECREATION AND PARK COMMISSION .OF~ERIN43 THE SALE OF THE "REMAINING AGREEMENT 'RELATIVE TO JOHN F ~ KENNEDY HIGR SCROOL SI~ING'POOL: The City Manager reviewed a report dated January 5, 1972, from the Recreation and Park Director, which advised that the Cypress Recreation and Park Commission, at its regular meeting of December 7, 1971, reconunended that the City Council proceed with making an offer to the City of La Palms for the sale of the Cypress Recreation and Park District's portion of the agreement between the Anaheim Union High School and the Park District, as iu relates to the swimming pool facility located at the John Fo Kennedy High Schcolo Iz was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to direct the City Staff to meet with representatives of the City of La Palms concerning this matter° CQNSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO~ 1218 TEROUGH ~.r~REATIONANDPARK'DISTRICT): It was ~oved by Councilman Roberrs and seconded by Councilman Lacayo to approve the Recreation and Park District Commercial Warrant List for Warrants No~ 1218 through 1231 in the total amount of $20,836°76° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Fanode, Lacayo~ Roberrs and Harvey None Kanel CONSIDERATION OF AWARD OFPURCHASE~ORDEREOR .JUANIrA STREET WKLk~WAY~ PROJECT ~7220-10: The City Manager presented a report dated January 3, 1972 from the Public Works Director, ~hich indicated that bids for an asphalt walkway cn the wast side of Juanits Street, north of Ball Road, were received on December 22~ 1971.1 It was moved by Councilman Fanode and seconded by Councilman Roberrs to determine that the lowest and best responsible bid was submitted by Sandoval Paving Company, 19301 Bloomfield Street, Artasia, California, and to approve the award of the Purchase Order for the construction of the asphalt walkway on Juanits Street~ Project ~7220-10, per the proposal from Sandoval Paving Company, dated December 22, 1971, in the amount of $2,100~00o The motion was unanimously carried by the follo~-lng roll call vote: AYES~ 4 COUNCILMEN: NOES~ 0 COUNCILMEN: ABSENT-~ 1 COUNCILMEN: Fanode, Lacayo, Roberrs and Harvey None Fanel It was moved by Councilman Fanode and seconded by Councilman Roberrs that the City Council appropriate $2,100o00 from the fund balance of the General Fund to Account No~ 11-4629-210o The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN; Fanode, Lacayo, Roberrs and Harvey None Fanel ~4- City Council Minutes january 10, 1972 CONSIDERATION OFA'.CtRCUt~A DRtVE'FOR'BAROLDIPARK'CULTURALARTSASSOCIATION BUILDING~PR~JECT~722~9~:A~AimPRO~AL.~F.PLA~S.AND~PECIFI~ATI~N~.A~qDAUT~RIZATI~N TO ADVERTISE: The City Mamaget reviewed a report dated January 4, 1972 from the Public Works Director, which advised that the Engineering Division has completed plans and specifications for the construction .zf a circular dr~e and parking area for the Baroldi Park Cultural Arts AssociatiOn building~ lu was moved by CoUncilman F~anode and seconded by Councilman Robarts to approve the plans and specifiCatiOns for the construction of the parking lot for the Baroldi Park Cultural Arts Association building, Project #7221-90, and to authorize the City Clerk to advertise for bids to be received at 10~00 aomo, January 24, 19720 The motion was unanimously carried by the following roll call vote: AYESt ~ COUNCILMEN~ NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Fanode, Lacayo, Roberrs and Harvey None Kanel CONSIDERATION OF A DEDICATIONOFPUBLIC'RIGHTOFWAYADJOINING PARKSITE- IENIATIVE TRACT #6932: The City Manager presented a report dated January 3, 1972 from the Public Works Direotor~ which advised that 'Tentative Tract Map ~6932 was appro~ed by the City Council on August 23, 1971, subject to certain conditione~ including the dedication of a parkaite~ and that it is necessary to dedicate a public right cf way, those portions cf the gross acreage which lie ~f~thin future street ~ight ~f wayl Iu was moved by Councilman Fanode and seconded by Mayor H~rvey to approve the dedication of the public right of way~ as outlined in the ~aport~ and to authorize the Mayor and City Clerk to sign the easement grant deed, and to authorize the City Clerk to have the easememt deed recorded~ The motion was unanimously c~rried by the following roll call vote: AYES~ 4 COUNCILMEN~ NOES~ 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Fanode~ Lacayo, Roberrs and Harvey None Fanel CONSIDERATIONOF A PROPOSAL FOR RENTALOF A'PORTION'OFCORPORATIONYARDPROPEETY: The City Manager presented a report dated January 6o 1972 from ~he Public Works Director which indicated that the City of Cypress has ~,ecaived a request from the Larwin Multi-Housing Corporation for permission to use a portion of the corporation yard as a s~orage area for lumber and other building materials° It was moved b~ Councilman Roberrs and seconded by Councilman Kenode to approve the request for temporary rental of a portion of the corporation yard to Larwin Multi-Housing Corporation, as outlined in the repert, and further, that any permanently attached fixture added by the Larwin Company, would become the property of the City° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN= NOES: 0 COUNCILMEN: ABSENT~ 1 COUNCILMEN: Kanode, Lacayo, Roberrs and Harvey None Fanel CONSIDERATION OF APPROPRIATION FOR PROTECTIVE DEVICE ON TREE TRIMMIN~TRUCK: The City Manager pres~{~ed a report from the Public Works Director, dated January 6~ 1972, which indicated that the Recreation and Park Department has requested the Public Works Maintenance Division to trim high Eucalyptus trees at certain parksices with the articulated hydraulic lift truck, and that for safety purposes, a protective' device should be installed on the truck~ It was moved by Councilman Roberrs and sezonded by Councilman Kenode to appropriate $500°00 to account #11-4581-696, Equipment Maintenance--Automotive Capital Outlay Account, to cover the cost of installation of a protective device on Public Works Truck #216o The motion was unanimously carried by the following roll call vote: City Council Minutes January 10, 1972 AYES; 4 COUNCILMEN: NOES; 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Harvey None Kanel CONSIDERATION OFDECREASEIN'SPEED'LIMITON'MOODYSTREETFROM THE NORTH'CITYLIMITS TO LINCOLNAVENUE: The City-Manager reviewed a report dated January 5, 1972, from the Public Works Director, which advised that the C)~ress Advisory Traffic Committee, at their December 10, 1971 meeting, recommended that the speed limit on Moody Street between the north City limits and Lincoln Avenue be decreased, as requested by the County of Orangeo It was mDved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to read the following Ordinanceby title only~ Title of the Ordinance is as follows: ORDINANCE NO o 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 Kenode and seconded by Councilman Roberrs to approve the first reading of the Ordinance° The motion was unanimously carried by the following roll call vote: AYES; 4 COUNCILMEN: NOES; 0 COUNCILMEN: ABSENT: 1 COUNCILMEN; Kenode, Lacayo, Roberrs and Harvey None Kanel CONSIDERATION O[ AUTHORIZATION TO ESTABLISHA POSITION FOR ADMINISTRATIVE ASSISTANT: The City Manager presented a report dated January 6, 1972 which stated that during the past several months the Chief of Police has employed an Administrative Assistant in the Police Depaltment, and requested that the City Council authorize the position of Administrative Assistant on a permanent basis° It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried td, continue the-consideration of this item to its regular place on the City Council agenda~ It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to consider Item Noo 31 on the agendao CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING COMPENSATION FOR THE CYPRESS RECREATION AND PARK COMMiSSiON: The City Manager presented a report dated January 6, 1972, which indicated that as requested by the City Council at its last regular meetings a Resolution establishing compensation for the members of the Cypress Recreation and Park Commission, at the rate of $10o00 per meeting, up to a maximum cf $20°00 per month, has been prepared° It was moved by Councilman Robarts and seconded by Councilman Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 1227 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF CYPRESS PROVIDING FOR THE PAYMENT OF COMPENSATION TO MEMBERS OF THE RECREATION AND PARK COMMISSION OF THE CITY OF CYPRESS The motion was unanimously carried by the foilswing roll call vote: AYES~ NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Fanode, Lacayo, Roberrs and Harvey None Kanel 6 City Council Minutes janua~'y 10, 1972 It was moved by Councilman Kanede, seconded by Councilman Roberrs and unanimously ~arried to consider Item Nee 35 on the agenda at this time° CONSIDERATION OFREqUEST.'TO.'SET. A'PUBLICHEARING TO EXTEND T~EURGENCY ORDINANCE ESTABLISHINGSETBACKSONLINCOLN=:AVENUE: The City Manager presented a report dated January 5, 1972 which advised that the urgency ordinance adopted by the City Council establishing a 25' setback on Lincoln Avenue is due to expire on January 24, 1972o It was moved by Councilman RoSette and seconded by Councilman Fanode ts schedule a Public Bearing for January 24, 1972, at 8:00 pom,, to consider a one year extension of the urgency ordinance establishing a 25~ setback on Lincoln Avenue~ The motion was unanimously carried by the follo~rlng roll call vote: A'TES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Fanode, Lacayo, Roberrs and Harvey None Kanel It was moved by Councilman Roh~rte, seconded by Councilman Fanode and unanimously carried to consider Item No, 38 on the agendao CONSIDERATION:OF APPROVALOF:CDMMERCIAL'WARRANT LIST FOR WARRANTSNO~ 28194 AND 28315 T.~OUGH28389: -It was.moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carriedto continue this item zo its regular place on the agendao RECESS: It was m~ved by Councilman Fanode, sec,Dnded by Councilman Roberrs and unanimously carried to Tecess at 6:00 pomo to 7:30 pomo CALL TO ORDER: The meeting was called to order at 7:30-pomo, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Reber'c Harvey preaidingo PRESENT: Councilmen Ranode, Lacayo, Roberrs and Harvey ABSENT~ Councilman Ranel Also present ware CityManager/City Clerk Dartell Essex, Assistant City Attorney Len Hampel and the following members of the City Staff: Dunlap~ Schatzeder, Savord, Nudscn, Bryant and Grissomo PLEDGE OF ALLEGIANCE: Councilman Lacayo led the City Council and audience in the Pledge of Allegiance° MINUTES: It was moved by Councilman Fanode, seconded by Councilman Lacayc and unanimously carried to approve the Minutes of December 27, 1971~ as presented° PRESENTATION OF AWARDS TO WINNERS OF THE CYPRESS CULTURAL ARTS JURY SHOW: Mayor Harvey introduced Mrs~ Melinda Jobnson~ President of the C~ress Cultural Arts Association, who announced the names of the winners of the C)~ress Cultural Arts Jury Show~ Mayor Harvey presented the winners wi~h certificates in honor cf their achie~ementso At the request of the Mayor, the City Manager then reviewed the various actions which had been taken by the City C~uncil during its afternoon session, ORAL COMMUNICATIONS: There ware no oral communications presented at this time° - 7 - City Council Minutes Jenuary i0, 1972 It wad moved by Councilmen Roberrs, seconded by Councilman Eat,de and unanimously carried to consider Item No, 32 on the ageodd arthis time° CONSIDERATION OF BUILDING 'IMPROVEMENTS'TO'IMESTEAIGHT'TALKBUILDING: The City Manager presented a report dated January 5; !X972 which indicated that the City Council, at its meeting of November 22, 1971, appreved the sublease agreement with Straight Talk, Inc, for occupancy of the building located at the east end of Camp Street, The report advised that the building has been moved onto the property, but has not been permanently located on the property, because of lack of a foundation, Outlined in the report were various additional required improvements° It was moved by CSuncilman Robe~tS and seconded by CoUncilman Ken,de to appropriate $1330 to Account 4310-692, and $1700 to Account 4310-693o The motion was unanimously carried by the following rollcall vote: AYES; 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Ken,de, Lacayo, Roberrs and Harvey None Kanel It was moved by Councilman Roberrs and seconded by Councilman Man, de to authorize the Staff to proceed with allme~essary utility and air conditioning connections, for the building leased to Straight Talk, Into The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Man,de, Lacayo, Roberrs and Harvey None Manel It was moved by Councilman Rober~s and seconded by Councilman Man,de to award the foundation work contract tore H, Tremblay in the amount of $980°00, for the build- ing leased to Straight Talk, Inc, The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT; 1 COUNCILMEN: Fan,de, Lacayo, Robarts and Harvey None Fanel It was moved by Councilman Faxlode,, seconded by Councilman Roberrs and unanimously carried to consider Item No, 29 on the ageodd at this time° CONSIDERATION OF ANAGREEMENTTO'PROVIDEPERSONNEL TO THE ORANGE ~OUNTY CRIMINAL JUSTICE COUNCIL: The City Manager presented a report dated January 6, 1972 which advised that the Orange County Criminal Justice Council has recently initiated a program ~o incorporate in their staff programs regular police personnel from several Orange COunty police agencies° It was moved by Councilman Manede and seconded by Councilman Lacayo to authorize the assignment of one Police Agent to duties with the staff of the Orange County Criminal Justice Council for a period of six months, with a progress report to be provided to the City Council upon the completion of three months, The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Man, de, Lacayo, Roberrs and Harvey None Kanel It was moved by Councilman Man,de and seconded by Councilman Lacayo to authorize the City Manager and Police Chief to execute an appropriate agreement with the Orange County Criminal Justice Council whereby the City of Cypress would be refunded by that agency for the net salary of the Police Agent during the six month period of his assignment, with consideration that the City of Cypress will make an in-kind contribution of the difference between the Police Agent's gross and net salary during the same period° The motion wad unanimously carried by the following roll call vote: -8- i" 43g City Council Minutes January 10, 1972 AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Hoba~ts and Harvey None Kanel RECESS: Mayor Harvey declared a recess at 7:58 p~mo The meeting was called back to order at 8:04 pomp, with the following Councilmen present~ PRESENT: Councilmen Kenode, Lacayo, Roberrs and Harvey ABSENT: Councilman Fanel PUBLIC HEARING RE: CONSIDERATION OF'UNDERGROUN~ UTILITY DISTRICT NOb 3: The Mayor announced this was the time and place for the Public Hearing to consider the establishment of Underground Utility District No~ 39 on Orange Avenue from Walker Street to Moody Street° The Mayor declared the Public Hearing open, and requested the Staff to present its reports° The City Manager presented a report dated January 5, 1972 which indicated the affidavits of posting and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk, and no wTitten communications either in favor of or in opposition to the formation of this District have been received~ The Public Works Director presented the City Engineer's Report, dated January 5, 1972, which outlined the establishment of Underground Uuiliuy District #3, in accordance with Chapter 27 of the Cypress City Code° There being no one to speak in favor of or in opposition co the establishment of the District, the Mayor declared the Public Hearing closed~ It was moved by Councilman Kenode and seconded by Councilman Roberrs to adopt the following Resolution by title only, title as follows: RESOLUTION NO~ 1228 A RESOLUTION OF THE CITY COUNCIL OF THE CItY OF CYPRESS ESTABLISHING UNDERGROUND UTILITY DISTRICT NOo 3 ON ORANGE AVENUE PROM WALKER STREET TO MOODY STREET° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Harvey None Fanel It was moved by Councilman Kenode and seconded by Councilman Robarts to appropriate $2,250,00 from the fund balance of the General Fund to Account 11-4628-210o The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Fanode, Lacayo~ Roberrs and Fanel None Fanel PUBLIC HEARING RE: CONSIDERATION OF AN APPLICATION FOR AMENDMENT TO THE ZONING ORDINANCE NOt 90--ZONE CHANGE NO~ Z-207: The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance No. 90, to change the zone of a certain parcel of land from R-1 (Single-Family Residential) Zone to PD (Planned Development) Zone on approximately 80 acres generally located north of Orangewood Avenue, between Holder and Knott Streets, initiated by Woodbine Corporation and known as Zone Change Noo Z-207o - 9- City Council Minutes january 10, 1972 The Mayor declared the Public Hearing open, and requested the Staff to present its reports The City Manager presented a ~ep~rt dated January 5, 1972 which indicated that the affidavits of mailing, posting and publication of the Public Hearing notices are on file in the officeof the City Clerk, and that no cou~munications have been received in reference to this matter° RECESS: Because it was felt the full Council should be present when this matter is considered, and that Ceuncil~ah KaneI was expected to arrive momentarily, Mayor Harvey declared a Recess at 8~32p~mo COUNCILMAN FANEL ARRIVED AT 8:35 The meeting Was called back to order at 8:39 p,mo, with all Councilmen present, The City Manager then presented'a-report from the Secretary of the Planning Commission, dated January 3, 1972, which outlined the existing zoning and land use of the property in question, as well as the surrounding properties° Upon the invitation of Mayor Harvey, the applicant, Mr~ Bernard McCune, 7865 E1 Dorado Plaza, Long BeacB, California, addressed the City Council requesting approval of the change of zone° Mrs~ John Haugen, 6721 Kiwi Circle~ Cypress, addressed the CoUncil in reference to a proposed school in the area° There beinj no one to speak in opposition to the request for a zone change~ the Mayor declared the Public Hearing closedo It was moved by Councilman Kenel and seconded by Councilman Kenode to read the following Ordinance by title only~ title as follows: ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING= ORDINANCE NOo 90 BY CE~NGING THE ZONE OF A CERTAIN PARCBL OF LAND FROM R-1 (SINGLE-EAMILY RESIDEN- TIAL) ZONE TO PD (PLANNED DEVELOPMENT) ZONE AND KNOWN AS ZONE C}~NGE NO~ Z-207, It was moved by Councilman Kanel and seconded by Councilman Kenode to approve the first reading of the Ordinance° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NO'ES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN= Kansl~ Kenode, Lacsyo, Roberrs and Harvey None None PUBLIC HEARING RE: CONSIDERATION OF AN APPLICATION FOR A CONDITIONAL USE PERMIT-- CUP Nee C-267: The Mayor ennounced"this was the time and place forthe Public Hearing te consider an application for a Conditional Use Permit to allow the construction of a residential planned unit development on approximately 80 acres p~rth of Orangewood between Holder and Knott, initiated by the Woodbine Corporation, and knoWn as Conditional Use Permit Nee C-267, The Mayor declared the Public Hearing open, and requested the Staff to present its report° - l0 - City Council Minutes Januazy 10, 1972 The City Manager presented a report dated January 5, 1972 which indicated that the affidavits of posting, publication and mailing of the Public Hearing notices are on file in the office of the City Clerk, and no communications have been received regarding this matter, The City Manager than reviewed a report dated January 4, 1972, from the Secretary of the Planning Commission, which described the proposed development° The applicant, Mr o Bernard McCune, 7865 E1 Dorado Plaza, Long Beach, California, presented a rendering of the proposed development, and described the project, in detail° There being no one to speak in opposition to the proposed development, the Mayor declared the Public Hearing closed° it was moved by Councilman Kanel-and seconded by Councilman Fanode to approve Conditional Use Permit Neo C~267, subject to the conditions outlined in Planning Co~nission Resolution Noo 557, with the following amendment and additional condition: 42° The developershall contribute the cash equivalent of the value of 2 acres of the property in question for the acquisition of future park sites° 45° The development shall be substantially the same as depicted in the exhibits presented at the January 10, 1972 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: Fanel, Fanode, Lacayc, Roberrs and Harvey None None RECESS: Mayor Harvey declared a recess at I0~18 pomo The meeting was called back to order at 10:29 pom,, with all Councilmen present° It was moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously carried to consider Item Now 19 on the agenda, ,out of order, at this time, CONSIDERATION OF REVISIONOFREGULATIONBASEBALL DIAMOND LOCATED AT OAK KNOLL PARK FOR PONY/COLT USE: The City Manager presented a report dated January 5, 1972 from the Recreation and Park Director, which advised that at its meeting of December 16, 1971, the Cypress Recreation and Park Commission considered a request for revisions to the regulation ball diamond located at Oak Knoll Park° Representing the Cypress-La Palma Pony/Colt League, were Mro Jim Smith, 5932 Lime Avenue, Cypress, Mr o Nick Kleivert, 5255 Vista Real, Cypress, and Mro Jim Bodkins, 9735 Cedar Court, Cypress, who addressed the City Council requesting certain alterations to the ball diamond located at Oak Knoll Park, Following a presentation by the Recreation and Park Director, it was moved by Councilman Lacayo and seconded by Councilman Roberrs to table this matter, and to direct the Recreation and Park Commission to consider the request of the representa- tives of the Pony/Colt League, and to take action relative to this request, at its meeting scheduled to be held on January i1, 1972; following which, the City Council will reconsider the item, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Roberrs and Harvey None None PUBLIC HEARING RE: CONSIDERATION OF AN APPEAL OF THE DECISION OF THE POLICE CHIEF TO DENYAPERMITTOPERFORM'MASSAGESERVICES~DIANA LEE ANGELO: The Mayor - 11 - City Council Minutes janua'ry 10, 1972 announced thiswas the time and place for the Public Hearing to consider an appeal of the decision of the Palice Chief to deny a permit to Diana Lee Angelo to perform massage services, putstax=to the terms of Chapter 15A of the Cypress City Code, The Mayor declared the Public Hearing open and requested the Staff to present its reports° The City Manager then introduced to the City Council and audience, Mr, Tully Soymore, City Attorney for the City of Laguna Beach, who, by Council action during the afternoon session, was retained to represent the City during the two Public Hearings regarding massage services, scheduled to be heard this evening, RECESS: Mayor Harvey declared a recess at 11:22 p.mo The meeting was called to order at 11~24 p~m~, with all Councilmen prosonto The City Manager presented a report dated January 5, 1972, which outlined the procedure for conducting a Public Hearing of this nature. When asked by the City's Special Counsel who would be representing Mrs, Diana Lee Angelo this evening, Mr o Larry Reynolds, Attorney at Law, 4075 Main Street, Riverside, California, skated that he would be representing Mrs° Angelo, who was not present this evening, and in the Public Hearing immediately following, he would be representing Miss Hanshaw, who was present° Cypress Police Chief George Savord then read into the record a communication dated November 11, 1971, addressed to Mrso Diana Lee Angelo, from the Police Chief, summarizing the reasons for the denial of her application for a permit to render massage services° Following the Police Chief's presentation, Sgto Richard Hoffer, Investigations Division, Cypress Police Department, described the results of the background investi- gation cf the applicant which he had conducted° Also testifying in behalf of the denial of the permit, was Mro Do S~ Carlson, Massage Therapist, 1806 N= Bush, Santa And, California° Mr o Larry Reynolds, Attorney at Law, then delivered testimony on behalf of the applicant, Mrs° Diana Angelo, and responded to various questions asked by the City's Special Counsel° In response to an inquiry from the City's Special Counsel, Mro Reynolds stated that he would have no objection to continuing this matter in order to allow an opportunity for Mrs~ Angelo to complete a written examination conducted by the Cypress Police Department° Following the testimony, and upon the legal advice of the City's counsel, it was moved by Councilmen Kenode and seconded by Councilman Roberrs to continue this Public Hearing to the regular meeting of the City Council scheduled to be held on February 14, 1972o The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Robarts and Harvey None None PUBLIC HEARING RE: CONSIDERATION OF AN APPEAL OF THE DECISION OF THE POLICE CHIEF TO DENY A PERMIT TOPERFORMMASBAGESERVICES"DEBORAHSUE~ANSHAW: The Mayor announced this was the time and place for the Public Hearing to consider an appeal of the decision of the Police Chief to deny a permit to Deborah Sue Hanshaw to perform massage services, pursuant to the terms of Chapter 15A of the Cypress Municipal Code° - 12 - City Council Minutes January 10, 1972 The Mayor declared the Public Hearing open and requested the Staff to present its reports° The City Manager presented e report dated January 5, 1972, outlining the procedure for conducting a Public Hearing of this nature° The Police Chief read into the record, a communication dated November 11, 1971, __ addressed to Miss Hanshaw from the Police Chief, outlining the reasons for denying her application for a permit to render massage services, and submitted in evidence, the following documents: (1) A communication dated December 7, 1971, addressed to the Cypress Police Chief from the Chief of Police of the City of Seattle, Washington, transmitting a certified copy of Miss Hanshaw's conviction in that City for the possession of dangerous drugs and mariJuana; and (2) A communication from the Police Department of Vancouver, BoCa, attached to which is a copy of that City's criminal record sheet concerning Miss Hanshawo Following the presentation by the Police Chief, Captain Don Amberg, Commander, Investigations Division, Cypress Police Department, and Sgto Hoffer, Investigations Division, described their findings as a result of a background investigation of the applicant° I~'~ Lazry Reynolds, Attorney at Law, representing the applicant, delivered testimony on behalf of his client, Miss Hanshaw, and answered various questions from the City's Special Counsel° Miss Deborah Sue Hanshaw, the applicant, 3153 Killsmay Street, Costa Mesa, California, addressed the City Council in reference to her training, and answered various questions of the Council° Urging the City Council to uphold the Police Chief's denial of the application was Mro Do So Carlson, Massage Therapist, 1806 No Bush, Santa Aria, California° Mrs~ Lucille Metgaff, 3153 Killarney Street, Costs Mess, California, testified on behalf of the applicant~ Following all testimony, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel and seconded by Councilman Kenode to uphold the decision of the Police Chief to deny a permit to Deborah Sue Hanshaw to perform massage services, pursuant to the terms of Chapter 15A of the Cypress Municipal Codel The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN.~ Kanel, Fanode, Lacayo, Roberrs and Harvey None None It was moved by Councilman F~node, seconded by Councilman Roberrs and unanimously carried to consider Item Noo 38 on the agenda at this time° CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO~ 28194 and 28315 THROUGH 28389: It was moved by Councilman Roberrs and seconded by Lacayo and unanimously carried to approve the Commercial Warrant List for Warrants No~ 28194 and 28315 through 28389 in the total amount of $66,371o63~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Fanel, Fanode, Lacayo, Roberrs and Harvey None None EXECUTIVE SESSION: At the request of the City Manager, it was moved by Councilman Henode, seconded - 13 - City Council Minutes January 10, 1972 by Councilman Kanel and unanimously carried to go into an Executive Session at 1:29 aomo to discuss a matter of personnel. The meeting was called back to order at 1:47 aom~, with all Councilmen present° ORAL COMMUNICATIONS: There were no oral con~nunications presented at this time~ ADJOURNMENT: It was moved by Councilman Kanode, seconded by Councilman Kanel and unanimously carried to adjourn at 1:48 a.mo, to 10:00 a.m. on Saturday, January 15, 1972, at the Los Alamitos Country Club~ and" to continue the remaining items on this evening's agenda, to Monday, January 17, 1972o ATTEST: MAYOR ~F THE CITY OF - 14 -