Minutes 72-02-28MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
February 28, 1972
The regular meeting of the Cypress City Council was called to order at
4:07 pomo, on Monday, February 28, 1972, in the Cypress City Council
Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro-Ten John
Kanel presiding°
PRESENT: Mayor Pro-Ten Kanel
ABSENT: Councilmen Kenode, Lacayo, Roberrs and Harvey
Also present were CityManager/City Clerk Dartell Essex, City Attorney James
E. Erickson end the following members of the City Staff: Grissom, Nudson and
Bryant°
RECESS:
Mayor Pro-Ten Kanel declared a recess at 4:08 p.m., due to a lack of a quorum.
COUNCILMAN FANODE ARRIVED AT 4:14 P.M., AND TOOK HIS PLACE ON THE PODIUM.
COUNCIIMAN ROBERTS ARRIVED AT 4:15 P.M., AND TOOK HIS PLACE ON THE PODIUM.
Mayor Pro-Ten Kanel called the meeting back to order at 4:16 p.m., with the
following Councilmen present°
PRESENT: Councilmen Kanode, Roberts and Kanel
ABSENT: Councilmen Lacayo and Harvey
Following a discussion regarding the acquisition of certain properties for
park sites, it was moved by Councilman Roberrs, seconded by Councilman Kenode
and unanimously carried to consider Item No. 6 on the agenda at this time.
CONTINUATION OF CONSIDEP~TION OF PROPOSED GENERAL OBLIGATION PARK BOND ISSUE:
It Was moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously
carried to continue this item to the next regular meeting of the City Council,
and to direct the Staff to prepare a report concerning the possible acquisition
of the school properties located at Oak Knoll Park and Moody St. and Orange Ave.,
and the property located at Orange Avenue and Denni Street.
At the request of the City Manager, it was moved by Councilman Fanode,.
seconded by Councilman Roberrs and unanimously carried to place on the
agenda as Item Noo 12 (a), the consideration of retaining the services of
the law firm of Rutan & Tucker in connection with a proposed football stadium
at the Cypress Jr. College.
It was moved by Councilman Fanode, seconded by Councilman Roberrs and Unanimously
carried to place on the egenda for consideration at this time, a request by
the Harness Racing Association to waive the Los Alamitos Race Track admissions
tax for a charitable organization on March 16, 1972.
It Was moved by Councilman Fanode and seconded by Councilman Roberrs to grant
the Waiver of admissions tax at the Los Alamitos Race Track for a charitable
group, the Thailens, on March 16, 1972, as requested. The motion was unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEN:
0 COUNCILMEN:
2 COUNCILMEN:
Kanode, Roberts and Fanel
None
Lacayo and Harvey
City Council Minutes
February 28, 1972
..... 477
The City Manager indicated that the City has received a request from the
Cypress Twirlera to use the lower portion of the City Council Chambers for
square dancing, whereas, iC was moved by Councilman Fanode,. seconded by
Councilman Roberrs and unanimously carried to place this item on the agenda
for consideration at this time.
It was moved by Councilman Fanode, seconded by Councilman Roberrs and unanimously
carried to approve the request for the use of the lower portion of the Council
Chamber facility by the Cypress Twitlets for square dance purposes on April 1,
1972o
At the suggestion of the City Attorney, it was moved by Councilman Roberrs,
seconded by Councilman Fanode and unanimously carried to amend the Resolution
establishing labor rates in the City of Cypress, which is Item No. 18 on the
agenda, to read as follows: "A Resolution of the City Council of the City of
Cypress and the Board of Directors of the Cypress Recreation and Park District
ascertaining and determining general prevailing rates of per diem wages."
At the request of the City Manager, it was moved by Councilman Fanode,
seconded by Councilman Roberrs and unanimously carried to place on the
agenda for consideration at this time, a request from Mrs° Riker, who
is currently helping handicapped children, for City assistance relative
to the requirements of the Orange County Health Department.
It was moved by Councilman Fanode, seconded by Councilman Roberrs and
unanimously carried to authorize the City Staff and City Attorney to assist
Mrs. Riker in meeting the various requirements of the Orange County Health
Department~
It was moved by Councilman Fanode, seconded by Councilman Robarts and
unanimously carried to place on the agenda for consideration at this time,
a dedication date for two City parks.
It was moved by Councilman Roberrs, seconded by Councilman Fanode and
unanimously carried to establish the dedication date for the Pinewood
and Rosen/Acacia parks for March 18, 1972.
It was the general consensus of the City Council to proceed to the agenda
items at this time. It was moved by Councilman Roberrs, second d by Councilman
[,anode and unanimously carried, to approve Items No. 1 through ~ on the Consent Calendar.
CONSENT CALENDAR: The Mayor Pro-Tem announced that all matters listed on the
Consent Calendar were to be considered by the City Council as routine in
nature, and enacted by one motion approving the recon~nendation contained in
the Administrative Report concerning the matter.
I.t~m Noo 1: Consideration of a request of the Easter Seal Rehabilitation
Center of Orange County to proclaim the month of March, 1972, as "Easter
Seal Month" in the City of Cypress~
Recommendation: That the Mayor and City Council proclaim the month of March,
1972, as "Easter Seal Month" intbe City of Cypress.
Item NOo 2: Consideration of request of the Girl Scouts of Cypress to proclaim
March 11, 1972, as "Girl Scout Day" in the City of Cypress.
Recommendation: That the Mayor and City Council proclaim March 11, 1972, as
"Girl Scout Day" in the City of Cypress.
Item Noo 3: Consideration of a Resolution of the City Council of the City
of Cypress commending Cypress Boy Scout Alan Young on achieving the rank of
Eagle Scout°
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City Council Minutes
February 28, 1972
Recommendation~ That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO0 1237
A RESOLUTION OF T~ CITY COUNCIL OF TEE CITY OF CYPRESS
COMMENDING CYPRESS BOY SCOUT ALAN YOUNG ON ACHIEVING THE
RANK OF EAGLE SCOUT~
It was moved by Councilman Roberrs, seconded by Councilman tanode and unanimously
carried to consider Item No. 10 on the agenda, at this time.
AWARD OF CONTRACT FOR ONE (1) 1972 ONE-HALF TON PICKUP TRUCK: The City Manager
presented a report dated February 23, 1972, from the Recreation and Park
Director, w~ich advised that bide were received and opened in the office of
the Purchasing Officer for the purchase of one (1) one-half ton pickup truck at
10:00 a~mo, February 14, 1972.
It was moved by Councilman Robarts and seconded by Councilman Fanode that the City
Council, acting as the ex-officio governing Board of Directors of the Cypress
Recreation and Park DistriCt, accept the bid of McCoy Ford Company as the lowest
responsible bid, and to award the contract for the purchase of one (1) one-half
ton pickup truck to McCoy Ford Company, 1659 W. Lincoln, Anaheim, California. The
motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Fanode, Roberrs and Fanel
None
Lacayo and Harvey
It was moved by Councilman Roberrs, seconded by Councilman Kanode and unanimously
carried to consider Item No. 11 on the agenda at this time, and to continue
with other agenda items felt to be appropriate for consideration during the
afternoon session of the City Council°
CONTINUATION OF CONSIDERATION AND DISCUSSION OF A REQUEST BY THE CITY OF
LA PALMA FOR PARTICIPATION BYTHECITY OF CYPRESS IN THE COMPLETION OF EL
RANCHO VERDE PARK: As requested in a report from the Recreation and Park
Director dated February 24, 1972, it was moved by Councilman Roberrs, seconded
by Councilman Fanode and unanimously carried to continue the consideration
of this matter to the next regular meeting of the City Council, scheduled
to be held on March 13, 1972o
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 1301 to
1319 (CYPRESS RECREATIONANDPARKDISTRICT): It was moved by Councilman
Roberrs and seconded by Councilman Kenode to approve the Cypress Recreation
and Park District Commercial Warrant List for Warrants Noo 1301 to 1319 in
the total amount of $10,226~81. The motion was unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Fanode, Roberrs and Fanel
None
Lacayo and Harvey
CONSIDERATION OF WEED AND RUBBISH ABATEMENT PROGRAM, 1972-RESOLUTION AUTHORIZING
POSITION OF PROPERTIES AND DECLARING CITY'S INTENTION TO ABATE: The City
Manager reviewed a report dated February 23, 1972, from the Public Works Director,
which indicated that although the contract for the Fall, 1971 and Spring,
1972 Weed and Rubbish Abatement Program was awarded by the City Council at its
meeting of August 8, 1971, it is necessary for the City Council to adopt
Resolutions declaring the existence of the nuisances, in accordance with the
Government Code.
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City Council Minu=ee
February 28, 1972
It was moved by Councilman Roberrs and seconded by Councilman Kenode to adopt
the following Resolution by title only, title as follows:
RESOLUTION NOo 1238
A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING TltAT WEEDS GROWING UPON OR IN FRONT OF, AND
RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN
PROPERTY IN THE CITY OF CYPRESS CONSTITUTE A PUBLIC
NUISANCE, DECLARING ITS INTENTION TO PROVIDE FOR THE
ABATEMENT THEREOF, AND SETTING A PUBLIC EEARING THEREON°
The motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN .~
Kenode, Roberrs and Kanel
None
Lacayo and Harvey
CONSIDERATION OF ORANGEWOOD AVENUE STREET IMPROVEMENT - ACCEPTANCE OF
CONSTRUCTION IMPROVEMENTSi PROJECT #7103'10: The City Manager presented a
report dated February 23, 1972, from the Public Works Director, which indicated
the construction of street improvements on Orangewood Avenue at the inter-
sections of Valley View Street and Knott Street have been completed in
accordance with the plans and specifications°
It was moved by Councilman Fanode and seconded by Councilman Robarts to accept
the public street improvements on Orangewood Avenue, ProJ oct #7103-10, as being
satisfactorily completed; and to authorize the City Clerk to release the Labor
and Materials Bonds upon expiration of the required lien period, providing
no liens have been filed, and to release the Faithful Performance Bonds
upon expiration of a one year guarantee, providing no defects in material
or workmanship becomes evident, The motion was unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Kenode, Roberrs and Fanel
None
Lacayo and Harvey
CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS - 2-A STORM DRAIN NORTH OF LINCOLN
AVENUEI PROJECT #7210-20: The City Manager presented a report dated February
18, 1972, from the Public Works Director, which indicated the construction of
the 2-A-8 Storm Drain north of Lincoln Avenue has been completed in accordance
with plans and specifications for the proJect~
It was moved by Councilman Fanode and seconded by Councilman Robarts to accept
the 2-A-8 S~orm Drain north of Lincoln Avenue as being constructed in accordance
with the plans and specifications, and to authorize the City Clerk to release
the Labor and Materials Bonds upon expiration of the required lien period,
providing no liens have been filed, and to reIease the Faithful Performance
Bonds upon expiration of a one year guarantee, providing no defects in material
or workmanship become evident° The motion was unanimously carried By the
following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Kenode, Roberrs and Hanel
None
Lacayo and Harvey
CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT
#6878: The City Manager presented a report dated February 18, 1972, from
the Public Works Director, which etated that the public improvements in Tract
#6878 have been satisfactorily completed in accordance with plans and specifications.
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City Council Minutes
February 28, 1972
It was moved by Councilman Roberrs and seconded by Councilman Kenode to
accept the public improvements in Tract #6878 as being satisfactorily
completed in accordance with plans and specifications, and to authorize the City
Clerk to release the Monumentation Bond and the Labor and Material Bond upon
the expiration of their required lien period, providing no mechanic liens
are filed. The motion was unanimously carried by the following roll call
VOte:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Kenode, Roberrs and Kanel
None
Lacayo and Harvey
CONSIDERATION OF ADOPTION OF RESOLUTION ESABLISHING LABOR RATES IN THE CITY
OF CYPRESS: The City Manager presented a report dated February 23, 1972,
which indicated that in accordance with the Labor Code of the State of California,
the City Council is required to ascertain and determine the general prevailinS
rate of per diem wages in the City of Cypress°
It was moved by Councilman Kenode and seconded by Councilman Roberrs to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 1239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ASCERTAINING AND DETERMINING GENERAL PREVAILING RATES
OF PER DIEM WAGES.
The motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Fanode, Roberrs and Fanel
None
Lacayo and Harvey
CONSIDERATION OF RATE INCREASE FOR THE GROUP MEDICAL INSURANCE PROGRAM: The
City Manager presented a report dated February 24, 1972, which recommends
the continuance of Blue Cross Medical InSurance for City Employees.
It was moved by Councilman Fanode and seconded by Councilman Robarts to
authorize the continuance of Blue Cross Medical Insurance at the proposed
increased premium rate, as outlined in the report° The motion was unanimously
carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Fanode, Roberrs and Fanel
None
Lacayo and Harvey
It was moved by Councilman Fanode and seconded by Councilman Roberrs to
appropriate a transfer of $829.92 from the General Fund to the following
individual departmental accounts:
4210-08 $ 15.96
4220-08 19.95
4230-08 19.95
4240-08 31.92
4260-08 23094
4270-08 7.98
4310-08 23°94
4350-08 23.94
4410-08 367~08
4440-08 39°90
4510-08 95.76
4520-08 159o60
$829.92
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City Council Minutes
February 28, 1972
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEN:
0 COUNCILMEN:
2 COUNCILMEN:
Kenode, Roberrs and Kanel
None
Lacayo and Harvey
It was moved by Councilman Kenode and seconded by Councilman Roberrs to appropriate
a transfer of $55°86 from the Emergency Employment Act of 1971 fund balance to
the following accounts to cover employees hired under this program:
Fund 27 $23,94
Fund 28 31o92
$55,86
The motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Kenode, Roberrs and Hanel
None
Lacayo and Harvey
CONSIDERATION OF ESTAALISNINGAN ~MPLOYEE DISABILITY INSURANCE PROGRAM: The
City Manager presented a report dated February 24, 1972, which indicated tha~
at its meeting of January 24, 1972~ the City Council adopted a memorandum of
understanding agreeing to a City contribution of .5Ztoward the cost of
providing a Disability Insurance Program for general employees.
It was moved by Councilman Kenode and seconded by Councilman Robarts to approve
the proposal submitted by West Coast Life Insurance Company to provide a
Disability Income Insurance program, as outlined in the report, with the rates
established at $ °55 per $10weekly benefit. The motion was unanimously carried
by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Fanode, Roberrs and Fanel
None
Lacayo and Harvey
It was moved by Councilman Hasode and seconded by Councilman Roberrs to appropriate
$2,365 from the fund balance of the General Fund, to be distributed to the insurance
accounts as listed on the report.
The motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Fanode, Roberrs and Fanel
None
Lacayo and Harvey
It was moved by Councilman Fanode and seconded by Councilman Roberrs to approve
the proposal from the West Coast Life Insurance Company to provide a revised
schedule of life insurance benefits. The motion was unanimously carried by
the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Fanode, Roberrs and Fanel
None
Lacayo and Harvey
It was moved by Councilman Fanode and seconded by Councilman Roberrs to
authorize the Mayor to sign and the City Clerk to attest any necessary
documents to implement the insurance programs, The motion was unanimously
carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Kanode, Roberrs and Fanel
None
Lacayo and Harvey
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City Council Minutes
February 28, 1972
CONSIDERATION OF REQUESTS TO ESTABLISH NO S~OPPINGZONES AND NO PARKING AREAS:
The City Mana8er presented a repe~t~ated February 24, 1972, which indicated
that at its meeting of February 18, 1972, the Advisory Traffic Committee
considered a request from the Tanglewood West Romeowners' Association for
a "no parking" restriction at the southeast corner of Bloomfield Street
and Larwin Avenue, and a request from the City's Engineering Division for a
parking restriction on Denni Street~
It was moved by Councilman Kenode and seconded by Councilman Roberrs to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 1240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS ESTABLISHING N.0 STOPPING ZON.E.S .AND NO
PARKING AREAS°
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT~
3 COUNCILMEN:
0 COUNCILMEN:
2 COUNCILMEN:
Fanode, Robarts and Fanel
None
Lacayo and Harvey
CONSIDERATION OF APPROVAL OF COMMERCIAL WAILRANT LIST FOR WARRANTS NO. 28616
THROUGH 28711: It was moved by Councilman Roberrs and seconded by Councilman
Fanode to approve the Commercial Warrant List for Warrants No. 28616 through
28711 in the total amount of $67,436.540 The motion was unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEN:
0 COUNCILMEN:
2 COUNCILMEN:
Kenode, Roberrs and Fanel
None
Lacayo and Harvey
SECOND READING O[ ORDINANCE RE: NON-CONFORMING LOTSa FUILDINGSa AND USES
UNbHRVARIANCE OR CONDITIONAL USE PERMITS: It was moved by Councilman Robarts,
seconded by Councilman Fanode and unanimously carried to read the following
Ordinance by title only~ Title of the Ordinance is as follows:
ORDINANCE NOo 477
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 122oll OF ORDINANCE NO~ 90, THE ZONING
ORDINANCE, REGARDING NON-CONFORMING LOTS, BUILDINGS, AND
USES UNDER VARIANCE OR CONDITIONAL USE PERMITSo
It was moved by Councilman Robarts end seconded by Councilman Fanode to adopt
Ordinance No. 477~ The motion was unanimously carried by the followin8 roll
call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Fanode, Roberrs and Fanel
None
Lacayo and Harvey
CONSIDERATION OF ADVISORY TRAFFIC COMMITTEE APPOINTMENT: The City Manager
presented a report dated February 23, 1972, which advised that the term of
Advisory Traffic Committee member Earl Zynda will expire on March 11, 1972.
It was moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously
carried to continue the consideration of this item to the next regular meeting
of the City Council scheduled to be held on March 13, 1972.
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F~ruary 28, 1972
City Council Minutes
CONSIDERATION OF DEVELOPMENT OF AZOO PARK: The City Manager presented a
report dated February 24, 1972, which indicated that the City Council, in
previous action, authorized the City Manager to investigate the possibility
of developing a zoo park on the property previously owned by Mr. Hertinge,
on the south side of Orangewood Avenue.
It was moved by Councilman Kanode and seconded by Councilman Roberrs to
authorize the City Manager to proceed with the acquisition of the birds and
animals owned by Mr. Rattinge at a cost of $3,000.00, independent of their
value in excess of that amount, The motion was unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEN:
NOES~ 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Kenode, Roberrs and Kate1
None
Lacayo and Harvey
It Was moved by Councilman Kanode and seconded by Councilman Robertsto
authorize the City Manager to enter into a contract with the Orange County
Park Department for the transfer and maintenance of the subject birds and
animals for a period of one year at a cost not to exceed $2,000.00. The
motion Was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Kenode, Roberrs and Kanel
None
Lacayo and Harvey
It Was moved by Councilman Kenode and seconded by Councilman Roberrs to
authorize the transfer of $5,000=00 from the fund balance of the General Fund
to Account No. 4700-358° The motion was unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Kanode, Roberrs and Kanel
None
Lacayo and Harvey
RECESS:
It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously
carried to recess at 5:47 p,m.
CALL TO ORDER:
The meeting was called back to order at 7:33 p.m., in the Cypress City Council
Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro-Ten John Kanel
presiding.
PRESENT: Councilmen Fanode, Robarts and Kanel
ABSENT: Councilmen Lacayo and Harvey
Also present were CityManager/City Clerk Darrell ESsex, City Attorney James
E~ Erickson and the following members of the City Staff: Dunlap, Savord,
Schatzeder, Bryant, Grissom and Nudson,
PLEDGE OF ALLEGLABCE:
Councilman Kenode led the City Council and audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS:
Miss Teresa Bletck, 4951 Lemon Avenue, Cypress, presented the City with
a first place trophy which was recently awarded to the Buena Park Caltcoettes
Drill Team,
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City Council Minutes
February 28, 1972
At the request of Mayor Pro-Tern Kanel, the City Manager reviewed the various
actions which were taken by Eke City Council at its afternoon session.
CONTINUATION OF CONSIDERATION OF REPORT ON CONDITION OF THE LEAL DAIRYe 5962 BALL
ROAD: The City Manager presented a report' dated February 24, 1972, which indicated
the City Council, at its regular meeting of February 14, 1972, continued the
consideration of this matter in order to consider a written report which was
being prepared by the Orange County Health Department.
In order that the report be distributed to all Councilmen, it was moved by
Councilman Kanode,.seconded by Councilman Roberrs and unanimously carried
to continue the consideration of this item to the next regular meeting of
the City Councils
CONTINUATION OF CONSIDERATION OF PROPOSED RESOLUTION URGING WITHDRAWAL
FROM VIETNAM BY 3UNEi 1972: It was moved by Councilman Kanode, seconded
by Councilman Roberrs and unanimously carried to consider this item after
the Public Hearings have been held.
CONTINUATION OF CONSIDERATION OF LINCOLN AVENUE SETBACK REqUIR~ENTS: The
City Manager presented a report dated February 24, 1972, which indicated that
as requested by the City Council at the February 14th meeting, the City
Manager and City Attorney have investigated the problems encountered in the
imposition of the code requirement that the 25 ft. setback on Lincoln Avenue
be restricted to landscaping, walkways and drive approaches.
It was moved by Councilman Roberrs and seconded by Councilman Kenode to table
the consideration of this item to an adjourned regular meeting of the City
Council to be held on March 4, 1972.
Upon the invitation of Mayor Pro-Tam Fanel, Mr. Freeman Johnson, 5120 Lincoln
Avenue, Cypress, California, addressed the City Council describing the
difficulty which he is having in developing a lot on Lincoln Avenue, due to the
25' setback requirement.
The motion to table theitem was unanimously carried.
CONTINUATION OF PUBLIC MEARING TO CONSIDER AN APPEAL OF THE DECISION OF THE
POLICE CHIEF TO DENY A PERMITTO DIANA LEE ANGELO TOPERFORM MASSAGE SERVICES:
The Mayor Pro-Tam announced this was the time and place for the continuation
of the Public HearinS to consider an appeal of the decision of the Police
Chief to deny a permit to Diana Lee Angelo to perform massage services, pursuant
to the terms of Chapter 15A of the Cypress Municipal Code.
The Mayor Pro-Tem announced the Public Hearing was open, and requested the
Staff to present its report.
The City Manager presented a report dated February 23, 1972, which indicated
the City Council, at its regular meeting of February 14, 1972, continued this
matter at the request of the attorney for the applicant, who wished to review
the examination which was administered to the applicant.
At the request of Mrs° Angelo's attorney, Mr. Alan Avis, 4075 Main Street,
Riverside, California, an oath was administered to all persons who intended
to offer testimony in regard to this matter.
Mr. Tully Seymour, City Attorney for the City of Laguna Beach, who, by City
Council action, was retained to represent the City of Cypress in matters of
this nature, then requested the Police Chief to enter into evidence, his
letter dated February 9, 1972, advising Mrs. Angelo that her application
for a permit to render massage services had been refused, and outlining the
reasons for refusal°
COUNCILMAN LACAYO ARRIVED AT 8:07 P.M., AND TOOK HIS PLACE ON THE PODIBM.
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City Council Minutes
February 28, 1972
Following a cross-examination of the Police Chief by Mr. Avis, Mr. Seymour
called upon Frank J. Bok, Ph.D, Professor and Chairman, Physical Therapy
Department, California State College, Long Beach, California, who described
in detail, the examination which he administered to both Mrs. Angelo and Miss
Riley Holcomb, whose appeal of a denial of a permit to perform massage services
in the City is also scheduled to be considered this evening.
Mr. Avis then cross-examined Dr. Bok, following which, the City's Special
Counsel advised that the Public Hearing to consider the appeal of the
Police Chief's decision to deny a permit to Miss Riley Holcomb, could be
considered simultaneously with the one'currently under consideration, am the
two hearings are directly related.
Mayor Pro-Tam Kanel then declared the Public Hearing to consider an appeal
of the decision of the Police Chief to deny a permit to Riley Holcomb to
perform massage services, pursuant to the terms of Chapter 15Aof the Cypress
Municipal Code, open.
The Police Chief read into the record, a letter dated February 9, 1972,
addressed to Miss Riley Louise Holcomb, 6242 Warner Avenue, #17-F, Huntington
Beach, California, outlining the reasons for the denial of her application
to perform massage services in the City.
Following a cross-examination of the Police Chief by Mr. Avis, Mr. Seymour
called upon Police Agent Robert Headrick, who described the resultsof a
character investigation which he had conducted on Miss Holcomb, and Sergeant
Richard Hoffer, who outlined several discrepancies which he noted on Miss
Holcomb's application.
RECESS:
Following further cross-examination by t4=. Avis, who was also representing
Miss Rolcomb, Mayor Pro-Tam Kanel declared a recess at 9:15 p.m. The meeting
was called back to order at 9:28 p.m., with the following Councilmen present:
PRESENT: Councilmen Kenode, Lacayo, Robarts and Kanel
ABSENT: Mayor Harvey
At this time, Mr. Avis called upon Mr. Gene Reid, registered Physical Therapist,
Riverside, California, who offered testimony regarding his opinion of the
contents of the examination which was administered to Mrs. Angelo and Miss
Holcomb. Following questioning by the City's Special Counsel, Mr. Avis
requested Dr. Rayhold Roeton,Psychologist, to testify as to the psychological
effect the examination might possibly have on an individual.
Dr. Roeton then answered questions of the City's Special Counsel and
members of the City Council, following which, Mrs. Diana Lee Angelo, 125
Belinda Circle #74, Anaheim, California, answered various questions concerning
the examination.
Following questioning of Dr. Roeton by the City Council, Mr. Avis presented
his closing remarks, followed by a rebuttal from Mr. Seymour, representing
the City.
A discussion period ensued, whereby it was the general consensus of the City
Council that the examination which had been administered was an appropriate
one, and that the guidelines as set forth in the City's Ordinance are to
protect the welfare and safety of the public.
It was moved by Councilman Kanode and seconded by Councilman Robarts to close
the Public Hearing concerning the appeal of Mrs. Diana Lee Angelc at this time.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Ranode, Lacayo, Roberrs and Renal
None
Harvey
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City Council Minutes
February 28, 1972
It was moved by Councilman Kenode and seconded by Councilman Lacayo to
uphold the deciSIon of the Yollce Chlefto deny a permlt to Dlana Lee Angelo
to perform massage services, pursuant to the terms of Chapter 15A of the
Cypress Municipal Code. The motlon was unanimously cartled by the following
roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kenode, Lacayo, Roberrs and Kanel
None
Harvey
It was moved by Councilman Kenode and seconded hy Councilman Roberrs to close
the Public Hearing concerning the appeal of Miss Riley Holcomb at this time.
The motion was unanimously carried hy the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN.:
0 COUNCILMEN:
i COUNCILMEN:
Fanode, Leoaye, Robarts and Fans1
None
Harvey
It was moved by Councilman Robarts and seconded by Councilman Kenode to uphold
the decision of the Police Chief to deny a permit to Riley Eelcomb to perform
massage services, pursuant to the terms of Chapter 15A of the Cypress Municipal
Code. 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
Harvey
RECESS:
Mayor Pro-Tam Fanel declared a recess at 11:03 p.m. The meeting was called
back to order at 11:10 p.m., with the following Councilmen present:
PRESENT: Councilmen Fanode, Lacayo, Roberrs and Kanel
ABSENT: Mayor Harvey
CONTINUATION OF CONSIDERATION OF A PROPOSED, RESOLUTION URGING WITIDRAWAL FROM
VIETNAM BY JUNEi 1972: The City Manager presented a report dated February
24, 1972, which indicated that the City Council, at its regular meeting of
February 14, 1972, requested that this item be continued to allow the City
Council an opportunity to review the content of the proposed Resolution to
determine whether or not the Council wishes to take a position on this issue.
The City Manager stated that the City Attorney has prepared a report concerning
methods whereby this matter could be brought before the citizens by means of
an initiative°
The City Council was then provided with a revised copy of the proposed
Resolution, which was read in full by the Mayor Pro-Tam.
Urging the City Council to adopt the proposed Resolution ware Mr. Karl
Mazzeo, 9949 Madrid Circle, Cypress, and Mr. David Prendergast, 7342 Spruce Circle,
La Palms, California.
Speaking in opposition to the adoption of the proposed Resolution was
Mrs. Conhie Bleick, 4951 Lemon Avenue, Cypress°
Also addressing the City Council in reference to this matter, was Mr. Sam
Weiman, 9396 Fernbury, Cypress.
Mayor Pro-Tam Fanel then read in full, a communication dated February 23, 1972,
from Mrs° Marian Bakke, 5055 Brunswick Drive, Cypress, urging the City Council
not to act on issues of this nature; following which, Councilman Fanode read
in full, a letter pertaining to this issue, which recently appeared in the
Los Alamitos/Cypress News Enterprise from Reverend Thyr, Pastor of the Holy
Cross Lutheran Church, Cypress.
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City Council Minutes
February 28, 1972
At the request of Councilman Roberrs, Mrs, Marjan Bakke stepped forward and
answered various questions pertaining to her feelings on this matter.
Because Mayor Harvey had expressed a desire to be present when this item is
considered by the City Council, it was moved by Councilman Kenode, seconde~
by Councilman Lacayo and unanimously carried to continue this matter to the
next regular meetinS of the City Council scheduled to be held on March 13, 1972.
ORAL COMMUNICATIONS:
There were no oral communications presented at this time.
ADJOUP, ER~ENT:
It was moved by Councilman Kenode, seconded by Councihnan Lacayo and unanimously
carried to adjourn at 12:25 a.m., Uo Saturday, March 4, 1972, at 8:30 a.m.,
in the Administrative Conference Room.
ATTEST:
IT
C Y CLERK OF THE CITY OF CYPRESS
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