Minutes 72-04-1051g
MINUTES OF A REGULAR FLEETING
OF T~E CYPRESS CITY COUNCIL
HELD
April 10, 1972
The regular meeting of the Cypress City Council was called to order at
4:03 p~m.~ on Monday~ April 10, 1972, in the CYPress City Council Chambers,
5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding.
PRESENT: Councilmen Kanel, Roberrs and Harvey
ABSENI: Councilmen Kenode and Lacayo
Also present were City Manager/City Clerk Dartell Essex, and City Attorney
James E. Erickson~
AU the in~ itation of Mayor Harvey, Mr. Jack Leneker, 4501 Middlebury Circle,
Cypress, addressed the City Council in reference to the 25' setback requirement
in the H-C zone. Councilman Kanel reviewed what had transpired at the joint
meeting of the Cizy Council and Planning Commission which was held on April
6, 1972, regarding this matter.
AC the ~equest of the City Manager, it was moved by Councilman Kanel, seconded
by Councilman Roberrs and unanimously carried to place on the agenda for consider-
a:icn ac this ~ime, a matter pertaining to the purchase of banners to be used
in the f~:'chcoming Spring Festival°
C~-press Chamber cf Commerce Manager, Mrs~ Daryle Ellwart, addressed the Council
indicating that the Chamber of Commerce Board of Directors had voted in opposition
tc the committee requesting funds from the Council in order to purchase the
banne~ s, as this i a =he first year of the festival, and it is not known how
suc:assful it will be.
was m:!~'ed by Councilman Rcberts, seconded by Councilman Kanel and unanimously
~arried ~o !~abie ~his me=tar until after Item No. 11 on the agenda has been
~¢nside~ed a~ ~bie evening's session of the City Council°
I:: wa~ tn~ ganarel c~neensus of the City Council to proceed with the items
on the agenda at thls time.
CONSIDERAIION OF AWARD OF CONTRACT FOR ASPHALT AND RENTAL OF ASPHALT PAVING
MACHINE~REqUEST FOR qUOTATION #7i72-44: The City Manager presented a report
dated Ap~i~ 5, 1972~ frDm the Finance Director, which indicated that bids were
received in the office of the Purcheeing Officer for the purchase of approximately
7~000 ~cns ~f asphalt and the rental of an asphalt paving machine, at 10:00 a~mo,
AFril ~, 1972o
IC was moved by Councilman Roberrs and seconded by Councilman Kanel to accept
the bid of Industrial Asphalt, Inc., as the lowest responsible bid end to award
the ccntract fcr the purchase of asphalt and the rental of an asphalt paving
machine through April I0, 1973 to Industrial Asphalt, Into, 8182 Katella Avenue,
S~ant.on, Cellfcrnia, with the total contract not to exceed $44,000.00° The motion
was unanimcusly carried by the following roll call vote:
AYES:
NOES:
ABSENI:
3 COUNCILMEN:
0 COUNCILMEN:
2 COUNCILMEN:
Ranel, Roberrs and Harvey
None
Ranode and Lacayo
City Council Minutes April 10, 1972
CONSENT CALENDAR: The Mayor announced that all items listed under "Consent
Calendar" were to he considered to be routine, and enacted by one motion
apprc~lng the recon~nendation contained in the Administrative Report concerning
the matter.
It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously
carried to approve Items No~ 2 through 10 on the Consent Calendar,
Item Noo 2: Consideration of a request to utilize the Civic Center plaza area
for square dancing~
Recommendation: That the City Council approve the use of the Civic Center plaza
area for ~quare dancing~ as requested by the Cypress Tw~rlers Square Dance Club.'
Item Noo 3; Consideration of proclaiming May 7, 1972 as "Hemophilia Sunday."
Recommendation: That the Mayor and City Council proclaim May 7, 1972 as
"Hemophilia Sunday" in the City of Cypress°
item Nco 4: Consideration of a proclamation of "Life Insurance Week."
Recommendation: That the Mayor and City Council proclaim the week of April
24th tln'rough April 28,197'2, as "Life Insurance Week" in the City of CTpress.
Item No~ j: Consideration of proclamation of "Teem Week" in the City of Cypress.
Reco~nenda~ion: That the Mayor and City Council proclaim the week ofMay 8th
through M~y 13~ 1972 as "Teen Week" in the City of Cypress°
tram No,. 6; Considered. ion of Resolution from the City of Buena Park opposing
Assemb',y Bill 232°
Recommendation: That the City Council request the City Manager to notify the
appropriate State Legieiators of the City Council's opposition to Assembly Bill.
232°
Item No~ 7: Consideration of the participation of Orange County in the Federal
Economic Development Grant Program~
R'~co~anendaticn: That the City Council re~ueet the City Manager to notify the
Orange County Administrative Office that the City Council supports the partici-
passion of Orange County in the available Federal Grant Program under the Public
Works and Economic Development Act of 1965o
item Noo 8: Consideration of application for an Off-Sale Beer and Wine License
~'equested by Mr o Thomas Gerard Van Ruiten, 11741 Valley View, Cypress.
Recommendation: Receive and file.
Item NO. 9: Consideration of certification of employment list for Police Agent.
RecounnendatXcn: That the City Council certify the promotional emplo3~nent list
for the position of Police Agent, as submitted°
lten Noo 10: Consideration of Request from the Cypress Girls' Softhall
Aeaccieticn for placement of an ad in the association's brochure.
Recommendation: That the City Council authorize an expenditure of $50 for
placement of a City of Cypress ad in the Cypress Girls' Softhall Association
brochure°
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City Council Min~tes
April 10, 1972
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NOo 1389 -
I427 - (RECREATIJ~N & PARR DISTRICf): It was moved by CoUncilman Roberrs and
seconded by Councilman Kanel to approve the Recreation and Park District
Commercial Warrant List for Warrants Noo 1389 - 1427 in the total amount
of $57~469~4io The mot!on was unanimously carried by the following roll call
A~S: 3 COUNCILMEN:
NOES~ 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Kanel~ Roberrs and Harvey
None
Kenode and Lacayo
CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT
#1429: The City Manager presented a report dated March 31. 1972 from the Public
Works Diicactor, which indicated that the public improvements in Tract #7429
have been satisfactorily completed in accordance with plans and specifications.
Iz wee m.c. vsd by Council~n Robarts. seconded by Councilman Kanel and unanimously
carried to accept the public improvements in Tract #7429 as being satisfactorily
completed in accordance with plans and specifications and to authorize the City
Clerk ~ release the monumentsrich bond and the labor and material bond upon
expiration cf their required lien period providing no mechanic liens are filed,
with the pe~I!ormance bond to be held for one year from the date of acceptance to
guarantee against any defects in material or workmanship, and subject to the
completion ~f the following condition:
Certifies=ion of street trees by landscape architect.
CONSiDERA'I~ON OF PROJECT #7046-10~ CUP-231: The City Manager presented a
~epo:ct dt=ea A~ril 3, 19~2~ from the Public Works Director, which indicated
that i'; naa bean co~on practice to provide a developer with a reimbursement
a~z'aamen~ f~ s!'-crm drain zosts whan~ as a part of his development, he must
p~o~ida ~x~'e ~a~i~y and extend a storm drain which will also serve other property.
was moved by Co~nci~L~an Roberrs and seconded by Councilman Kanel tc approve the
storm drain reimburseman! agreement between the City and Clock-Lusk and to
a~thDrize ~he Meycr tc ~ign the agreement and the City Clerk to attest to his
slgnatura: $~Dject tc a~prrral of the City Attorney° The motion was unanimously
~a~'ried b~ ~.ne it. flowing roll call
AfE~
NOES,
ABSENT:
COUNCILMEN:
COUNCILMEN
CObNCILMEN:
Ksnel, Robarts and Harvey
None
Fanode and Lacayo
CONSIDERATION O~ REPORI ON IHE LOS ANGELES COUNTY ZONING OF FLOOD CONTROL
PROPERIY: Ihe City Manager presented a report dated April 5, 1972, which
indicated ~hat as ?ceques~ed by the City Council at its meeting of March 27, 1972,
the Staff has inTestlga=ed the zoning of the Los Angeles County unincorporated
area lccaced meowsen the City of Cypress and Coyote Creek Flood Control Channel
nc~'zh U.~ Crescent Avenue.
~u was moved by Councilman Robarts, seconded by Councilman Kanel and unanimously
carried ~o !~equest zhe Staff to contact the Los Angeles County Zoning Enforcement
Agency, asking chat f~rthar investigation of the alleged violations of the zoning
uses in the area outlined in this report be conducted~
CONSLDERAI~ON OF APPROVAL O~.COMMERCIAL WARRANT LIST FOR WARRANTS NOo 28902 -
29045~ ?c was megled b~ Councilman Roberrs and seconded by Councilman Fanel
tc ~pprove the Commercial Warrant List for Warrants Noo 28902 - 29045 in the
to~el emocnt of $I16,339~45~ The motion was unanimously carried by the following
rctl call vote:
AYES: 3 COUNCILMEN:
NOES~ 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Kanel, Roberrs and Harvey
None
Fanod~ and Lacayo
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City Cc~nci~ Minutes April 10, 1972
At this 'rime, it was moved by Councilman Robarts, seconded by Councilman Kanel
and unenimou. sly carried to place on the aSende for the April 24th meetins of
=he City Council~ a communication from Mr. M, Nee1 Singer, Attorney at Law.
RECESS
was moved by Councilman Robefro, seconded by Councilman Kanel end unanimously
ca~led to recess at 5:02 pose, to 7:30
CALL m O~}~:
The meeting was called to order at 7:35 p,m., in the City Council Chambers, 5275
Orange A~anue~ Cypress~ California, Mayer Robert HArvey presiding.
PRESENT~ Councilmen Kate1, Ken,de, Lscayo and HArvey
ABSENI= Councilman Roberrs
Also present were City Manager/City Clerk Dartell Essex, City Attorney James
E. Erickson~ and the following members of the City Staff: Dunlap, Schatzeder,
Savcrd, Whi~e, Grisscm, Bryant and Nudeon.
PLEDGE OF ALLEGIANCE:
Councilman K~nel led =he City Council and audience in the PleaSe of Allegiance,
COUNCYLMAN ROBERIS ARR:~ED AT 7:36 P.M., AND TOOK HIS PLACE ON THE PODIUMo
MINUTES=
It was moved by Councilman Roberrs, seconded by Councilman Leoeye and unanimously
carried, with an abstaining vote by Mayor HArvey as he had not been present at
~tmt mee=In~ =o approve =he Minutes of March 27~ 1972~ as presented.
ORAL COMMUNICATIONS:
There were no oral communications presented at this
CONSIDEB4ltON OF REQUEST FOR FUNDS TO PURCHASE HANNERS: The City Manager
indicated that the City bad received a request from several individuals
f~r funUs Ln which to purchase banners to be used at the forthcoming City-wide
Sprin~ Fee~ivsl~
It was moved b~ Co~ncilman Kenode and seconded by Councilman Kanel to authorize
an amount of $420.00 for the purchase of banners.
It was moved by Councilmen Robarts to table the item to an indefinite period of
tims~ Councilman Rcbert~s motion die~ for a lack of a second.
Fa. so Nancy Knudacn~ 5049 Yorkshire Drive, cypress, addressed the City Council
answerins various questions of the City Council regarding the Spring Festival
and the ~quest for the banners.
Following discuasion~ the motion was carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Manel, Manede, Lacayo and HArvey
Roberrs
None
RECESS
Mayor Har~ey declared a recess at 7:55 p.m. The meetins was called back to
order at 8~01 p.m., with all Councilmen present.
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City Cc~ncii Mln'ataa
April 10, 1972
CONTINDAIION OF PUBLIC HEARING RE~ APPLICATION ,T0 CONSIDER ANAMENDMENT TO THE
ZONING'ORDINANCE ESTAELISHINGARESIDENTIAL ESTATE ZONE: The Mayor announced
this was the time and place for the continuation of the Public Hearing to consider
an application for an amendment to the Zoning Ordinance No, 90, establishing a
Residential Estate (R-E) zone, initiated by the City Council of the City of
Cypress°
The Mayor announced the Public Hearing was open, and requested the Staff to
present its reporter
The City Manager presented a report dated April 5, 1972, which advised that
the affida%~Ita of poeuing and publication of the Public Hearing notices and
the continuation of the Public Hearing notice are on file in the office of the
City Clerk, and That nc com~aunications have been received in reference to this
application~ He =hen reviewed a report dated March 21, 1972, from the Secretary
of the Planning Corf~nission, which indicated that the Planning Commission, at its
meeting of March i6~ 1972, concurred that the R-E zone might be applicable on
Acacia Drive, south cf Crescent Avenue in the City of Cypress, and on Gay Street,
north of Crescent Avenue, within the untncorporated Orange County area conttnguoue
to the existing City of Cypress boundary,
Speaking in favor of the application, was Mrs. John Van Den Raadt, 8644 Acacia
Drive, Cypresa~
Conaide~ab2e discussion was held regarding the proposed Ordinance, following
which, it was moved by Councilman Roberrs and seconded by Councilman Lacayo to
r.efer the O~dinance back to the Planning Commission in order that the specific
recc~nendatlcns b~ the City Council be incorporated, with a report and recommendation
fc!c~hce~ing ~2 ~ha Ci~ Counzil; and to contlnue this Public Hearing to the City
Cc'~n~il meeting scneduied to be held on April 24, 1972o Recommendations included
the follcwing~
Session 106oA~2 - Permitted BuildinSe & Uses - ParaSraph e
Shouid con~ain 'the clause, "subject to a Conditional Use Permit°"
5ec'cion 106oAo6
Add; i'or Iec&ted a minimum of 5 feet from the side or rear property
li.~.e and 30 feat fro~ the front property line, subject to a Conditional
H
Use Penni'co
Section 125o21 - Animals
!INn more nhan two per unit in any multiple districts°" It was further
the c:lnaansus of the Council that this particular section needed additional
st~dy~
It was also suggested that consideration be given to other areas in the
City where this zone might apply~
The motion was ~nanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES~ 0 COUNCILMEN:
ABSENT~ 0 COUNCILMEN:
Kanel, I~node, Lacayo, Robarts and Harvey
None
None
CONTINUATION OF CONSIDERATION OF PROPOSED GENERAL OBLIGATION PARK BOND ISSUE:
The City Manager presented a report dated April 5, 1972, which indicated that
the Cypress School District iS apparently quite anxious to obtain a decision
- 5-
City Council Minutes April 10, 1972
as to the Cityvs desires in thq. acquisition of the two surplus school sites
· /nich must be sold by the District atan early date.
Dro Arnold Moss, 9415 Cambridge Street, Cypress, addressed the City Council
indicating that if the City datamines that it cannot acquire the school
sites, the land will be put up for bid.
It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously
carried to continue the consideration of this matter to Monday, April 17, 1972,
at which time a joint meeting with ~he representatives from the Cypress School
District will be scheduled°
CONTINUATION OF CONSIDERATION OF RECENT CHANCE IN THE ORCANIZATION OF THE SOUTHERN
CALIFORNIAASSOCIATIONOF GOVERNMENTS: The City Manager presented a report dated
April 5, 1972, which indicated that ~he City Council continued this item from
the meeting of March 27, 1972, in order to provide an opportunity for Mayor Harvey
to review the information which he has obtained from the recent meetings of the
Mayors and County Supervisors where th~is issue has been discussed°
Following discussion, it was moved by COuncilman Lacayo, seconded by Councilman
Ksnode and unanimously carried to receive and file this item, since the matter
will be appearing before the State LegSSlature.
CONSIDERATION OF WEED AND RUBBISH ABATE~,,NT AT 5620 CAMP STREET~ UNDER WEED
ABATEMENT PROGRAM: The City Manager presented a report dated April 5, 1972,
which indicated that since the weed abatement and rubbish removal will be
performed on the rest of the parcels on Camp Street, prior to action on the
public nuisance proceedings by the City Council, it would be advisable to clean
tba ~eds and rubbish from the subJ act p~operty under the weed abatement procedure.
It was moved by Councilman Roberrs, seconded by Councilman Ksnode and unanimously
carried to receive and file the report.
CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR CONSTRUCTION OF MAINTENANCE YARD STREET--PROJECT
#7209-10~ The City Manager reviewed a re~ort dated April 5, 1972, from
the Public Wcrks Director, which indicate~ that at its meeting of October 11, 1971,
the City Council approved a reimbursement agreement with the developer of an
apartment complex on the north side of Lincoln Avenue, west of Grindlay Street~
It was moved by Councilman Kenode and seconded by Councilman Kanel to approve
the plans and specifications for the Maintenance Yard Street, ProJ act #7209-10,
and to au~hcrize the City Clark to advertise for bids with bids to be received
prior to 10:00 aomo, May 3, 1972, in the office of the City Clerk.
For the record, Councilman Roberrs stated that he was opposed to the development
of a strae~ at City expense for the Larwin proJ act north of Lincoln at the
time it came before the City Council, and is still opposed to the City paying
one-half of the cost for a road which should have been paid for by the Larwin
Companyo
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
1 COUNCILMEN:
0 COUNCILMEN:
Kanal, Kenode, Lacayo and Harvey
Robarts
None
RECESS
Mayor Harvey declared a recess at 9:10 p.m. The meeting was called back
order at 9:15 p0mo, with all Councilmen present.
6
City Council Minutes April 10, 1972
518
CONSIDERATION OF LOS ALAMITOS RACE COURSE AUTHORIZATION TO OBTAIN PROPOSAL FOR
TRAFFIC STUDY: The City Manager presented · report dated April 5, 1972, from
the Public Works Director, which indicated that the City Council, at its
meeting of March 13, 1972, epproved · report which included consideration of
traffic control measures at the Los Alamitos Race Track and indicated that e
comprehensive traffic study would be initiated.
It was moved by Councilman Kenode and seconded by Councilman Rant1 to authorize
the Engineering Division to obtain a proposal from a qualified traffic engineering
firm for making the traffic study around the Los Alamitos Race Track, as outlined
in the report. The motion was unanimously carried by the following roll call
Vote2
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Kanel, Kenode, Lacayo, Robarts and Harvey
None
None
CONSIDERATION OFREQUEST TO ESTABLISH NO PARKING ARRAS: The City Manager
presented a report dated April 5, 1972, which indicated that at its meeting
of March 17, 1972, the Advisory Traffic COmmittee considered a request from
the Engineering Division for a "no parking" area to be established on the east side
of Bloomfield Street, north of Cardiff Street to allow motorists sufficient
sight distance..
It was moved by Councilman Lacayo and seconded by Councilman Robarts to
adopt ~he following Resolution by title only, title as follows:
RESOLUTION NO. 1247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A NO PARKING AREA.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN.:
0 COUNCILMEN:
0 COUNCILMEN:
Kanel, Fanode, Lacayo, Robarts and Harvey
None
None
SEtOld) READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CRRATEANINCENTIVE
FOR THE JOINDEROF SUBSTANDARD PARCELS IN THE R-3ZONE: It was moved by
Councilman Robarts, seconded by Councilman FAnode and unanimously carried
co read the following Ordinance by title only. Title of the Ordinance is
as fcllows:
ORDINANCE NO. 480
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 109.4 OF ORDINANCE NO. 90, THE ZONING
ORDINANCE OF THE CITY OF CYPKESS, TO CREATE AN INCENTIVE
FOR THE JOINDER OF SUBSTANDARD PARCELS IN THE MULTIPLE-
FAMILY RESIDENTIAL (R-3) ZONE.
It was moved by Councilman Robarts and seconded by Councilman Kanal to adopt
Ordinance No. 480. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
ABSTAINED: 1 COUNCILMEN:
Fanel, Fanode, Lacayo and Robarts
None
None
Harvey
Mayor Harvey indicated that he abstained from voting on this matter, as he
had not been present for the first reedins of the Ordinance.
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City Council Minutes April 10, 1972
ORAL COMMIJNICAIIONS:
There were no oral communications presented at thls time.
It was moved by Councilman Roberrs and seconded by Councilman Lacayo that the
City direct a communication to the Planning Commission stating that it is the
policy of the City Council that an Open-Space element to the General Plan be
adopted by June 30, 1972o The motion was unanimously carried by the folioring
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Kanel, Kenode, Lacayo, Roberrs and Harvey
None
None
It was moved by Councilman Roberrs and seconded by Councilman Lacayo that
the City purchase tickets to the Policeman of the Year Awards Banquet~ to
be held on April 22, 1972, for the members of the City Council, Planning
Commission, Recreation and Park Commission and members of the City Staff.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Kenel, Kenode, Lacayo, Robarts and Harvey
None
None
ADJOURNMENI:
was moved by Councilman Kenode, seconded by Councilman Robarts and unanimously
carriad :~ adjourn the meeting at 9:45 p.m. ~o 7:30 p.m. on Monday, April 17, 1972.
M~YOR 0F~4~4~E CI~/~YOFCY~~ '
ATTEST:
CITY'CLEPCK 6F TKE'~I'Fi OF CYPRESS
8