Minutes 74-08-12MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
August 12, 1974
The regular meeting of the Cypress City Council was called to order at 4:10 p.m.
on Monday, August 12, 1974 in the Cypress City Comcil Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Otto Lacayo presiding.
PRESENT:
ABSENT:
Councilmen Frankiewich, Harvey, Kanel, Sonju and Iacayo
None
ALso present were Assistant City Manager Douglas Dunlap, City Attorney John Murphy,
and the following members of the City Staff: Bryant, Charbow, Hawley end Schatzeder.
MINUTES: It was moved by Councilwoman Frankiewich, seconded by Mayor Lacayo and
unanimously carried to approve ~he minutes of July 22, 197~ as corrected.
STAFF REPORTS AND DISCUSSIONS: The Assistant City Manager reported on a request
from the Recreation and Park C~L,~ssion for a joint meeting with the Council September
10; a letter of resignation fr~n Arts and Cultural Ccmmission cha~ Carma Case;
a resolution from the Orange County Planning Depar~nant regarding a proposed
questionnaire on the county ~ policy; a eonmunication from the College Park
Cypress Hcmeownere' Association regarding fire protection, the withdrawal by Mr.
Earl Zynda of his nomination to the Plarm_ing Ccmmission, and that Iten No. 11 on the
Consent Cslendar required a correction to the accoant number to 10-42327-186.
Hearing no objections, Mayor Lacayo added Item No. 12a to tt~ agenda regarding a
ommunication from the College Park Cypress Hameowners' Association regarding fire
service s.
At CoLncilman Kanel's request, the Mayor added Item No. la to the agenda regarding
a request frcm Straight Talk Clinic, Inc.
Dr. Arnold Moss, 9~15 Cambridge, Cypress, member of the Board of Directors of Straight
Talk Clinic, Inc., made a request on behalf of the Clinic that the City Council release
the first two monthly payments of funds allocated by the City to Straight Talk. DP.
Moss made a progress report on Straight Talk Clinic activities and stated the Clinic
may receive additional County Revenue Sharing funds at the ecmpletion of the County' s
study.
It was moved by Councilwoman Sonju and seconded by Councilman Kanel to approve payment
of the September and October allocations to Straight Talk Clinic, Inc. in the amount of
$850.00. The motion carried by the following roll call vote:
AYES: 3 COUNCILMEN: Kanel, Sonju ar~ Lacayo
NOES: 1 COUNCILMEN: Frenkiewich
ABSENT: 0 COLNCIIMEN: None
ABSTAINING: 1 COUNCILPEN: Harvey
Councilwcman Frsnkiewich requested that the matter regarding the ICC resolution service
be placed on the agenda for the next regular meeting. The Council requested a list
of applicants who have applied for vacancies in City octmissions. Councilwoman
Sonju requested that the staff study a progran operating in the City of Brea
regarding citizen cr~nplaints.
CONSIDERATION OF AWARD OF CONTRACT FOR INSTAI,IATION OF PLAYGROUND EQUPMSNT -
REQUEST FOR QUOTATION #7475-1, R & P: The Assistant City Manager presented a
report from the Finance Director dated August 6, ]974 and s~arized the two
bids received.
b c
c o t Recreation and
Park District, accept the bid of Bill Wakefield and Associates as the lowest res-
ponsible bid and a~ard the contract for purchase of Installation Service for the
Cypress Recreation and Parks Playground EquipmEnt for one year effective August 1,
1974 through July 31, 1975 to Bill Wakefield and Associates, 8147 Phlox Street,
Downey, California, total contract not to exceed $20,510.00. The motion was man-
imously caxried by the following roll call vote:
AYES: 5 COI/qCILMEN:
NOES: 0 COUNCILMEN:
ASSENT: 0 COUNCILMEN:
Frankieuich, Harvey, Kanel, Sonju and Lacayo
None
None
CONSIDERATION OF AWARD OF CONTRACT FOR TRAFFIC SIGNAL MODIFICATIONS AT LOCATIONSo
A~I~ PROJECT ~7411-50: The Assistant City Manager presented a report from the
Public Works Dinector dated August 2, 1974 which outlined the five bids received
for the project.
It was moved by Councilwcman Frankiewich and seconded by Councilman Kanel that the
City Council determine that Smith Electric Supply, 10792 Knott Avenue, Stanton,
California, 90680, is the lowest responsible bidder and award a contract for the
modification of traffic signals, Locations A-I, Project ~7411-50, to Smith Electric
Supply in the anount of their proposal, $5,077.00, dated August 1, 1974. The motion
was unanimously carried by the follcwiag roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ASSE~F: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Sonju and Lacayo
None
None
CONSIDERATION OF AWARD OF CONTRACT TO MARSHALL & STEVENS~ INC. FOR APPRAISAL OF
CITY AND PARK DISTRICT 1AND AND ANNUAL FIXED ASSET UPDATING SERVICE: %he Assistant
~ity Manager presented a report dated August 7, 1974 from the Finance Director
which listed the proposals received for the secorfi phase of the fixed assets appraisal
program for the City and Recreation and Park District.
It was moved by Councilwcman Sonju and seconded by Councilman Harvey to award a
contract in the anount of $5,000 to Marshall and Stevens, Inc, for appraisal of
land and award same with a contract for $450 for annual fixed asset updating service
and approve an appropriation frcm the General Fund balanos of the City of Cypress
to account 10-15104-189 in the anount of $B ,360 and frcm the General Fund balance
of the Cypress Recreation and Park District to account 10-30108-189 in the amount
of 81,090 for these services. The motion was unanimously carried by the following
roll csll vote:
AYES:
NOES:
ASSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Sonju and Lacayo
None
Ncne
CONSIIERATION OF AWARD OF CONTRACT FOR PUBLICATION OF lEGAL ADVERTISEMENTS:
The Assistant City Manager presented a report from the Finance Director dated
August 6, 1974 which sunmapized the four bids received for the publication of
legsl advertisements and transmitted an opinion from the City Attorney ccncereing
the bidding procedure for legal publicaticn services.
It was moved by Councilman Kanel and seconded by Councilman Harvey to award the
contract to the iowast respcnsible bid for legal advertisements for the 1974/75
fiscal year to the News-Enterprise, 3722 Catalina Street, Los Alamitos, California.
The. motion was unanimously carTied by the following roll call vote:
AYES:
N0E S:
ABSENT:
S COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Scnju and Lacayo
None
Nc~e
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City Council Minutes August 12, 1974
CONSENT CALENDAR: Mayor Lacayo announced that all matters listed on the agenda
under "Consent Calendar" were to be considered by the Council as routine and enacted
by one motion appreving the recon~Lendation on the agenda.
It was moved by Councilwoman Frankiewich, seconded by Councilman Kanel and unani-
mously carried to approve Item Nos. 5 tk~mugh 12 on the Consent Calendar.
Item No. 5: Consideration of Request from the North Orange County Conmunity College
District for Reconmendation of a Candidate to Fill a Board Position.
Reccmmendation: Reoeive and file.
Item No. 6: Consideration of Resolutions of the City Councils of Seal Beach and
Garden Grove in Opposition to SB 2408.
Recc~nendation: That the City Council go on record as in support of the Cities
of Seal Beach and Garden Grove's Resolutions opposing SB 2408.
Item No. 7: Consideration of a Resolution of the City Council of the City of
Downey Concerning State Employee Retirement System for State Legislators.
Reoommendation: Reoeive and file.
Item No. 8: Consideration of Resolution Authorizing Training of Cypress Police
Depaent Motorcycle Offioers by the Department of California Highway Patrol.
Reomme~dation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 1520
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AbTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
FOR THE rfRAINING OF CYPRESS MOTORCYCLE 0[FICERS.
Item No. 9: Consideration of a Resolution frc~n the City of Garden Grove Con-
earning Plea Bargaining in Felony Matters under the Criminal justice System.
Reeor~nendation: Receive and file.
Item No. 10: Consideration of Acceptance of Improvements and Release of Bonds
for T~,act #8125.
Reconmendaticn: That the City Council aoeept the public improvements in Tract
#8125 as being satisfactorily completed in accordance with plans and specifications
and authorize the City Clerk to release the mon~nentation bond and the labor and
material ~x}nd upon expiration of their required lien period providing no mechanic
liens are filed with the performance bond to be held for one year from the date
of acceptace to guarantee against any defects in material or workmanship.
Item No. 11: Consideration of Aeceptance of improvements and Release of Bonds
for Landscaping Installation of Valley View Street Median from Ball Road to
Fred Drive, Project #7429-90.
Reccemendation: That the City Council appropriate $306.98 from General Revenue to
Account #10-42327-188 and accept the landscaping improvenents on Valley View Slreet,
Project #7429-90, as being satisfactorily completed and authorize the City Clerk
to release the labor and material bonds upon expiration of the required lien period
providing no liens have been filed and to release the faithful performance bond
upon expiration of one year guavatee providing no defects in material or workmanship
City Council Minutes August 12, 1974
become evident.
Item No. 12: Consideration of Execution of Agreement with the Coumty of Orange
Concerning Implementation of the Cooperative Bikeway Financing Program.
Reeo~nendation: That the City Council approve the Project Administration Agreement
in order to implement the first phase of the County-wide Cooperative Bikeway Finan-
cing Program and authorize the Mayor to sign and the City Clerk to attest the
agreement.
Following discussion regarding Item No. 7, it was moved by Councilwoman Frankiewich,
seconded by Councilw~nan Sonju and unanimously carried that this matter be referred
to the Orange County League of Cities for possible action.
CONSIDERATION OF APPROPRIATION OF FUNDS FOR THE PREPARATION OF ~ CITY' S CODE
SUPPLEMENTS: The Assistant City Manager presented a report dated August 7, 1974
which requested an appropriation for the preparation of City Code supplements.
It was moved by Councilwoman Frank[ewich and seconded by Councilman Kanel to approp-
riate $2,000 from the fund balance of the General Fund to Account #10-115.02-187
for the preparation of municipal code supplements per City Cr~uncil action dated
June 1O, 197~. The motion was unanimously cammied by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSEhKF: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Sonju and Lacayo
None
None
CONSIDERATION OF SPECIAL COURK~Y-WIDE CENSUS: The Assistant City Manager presented
a report fm~n the Finance Director dated August 7, 1974 outlining the need for the
City' s participation ~ a special county-wide census to be conducted prior to
J,muary 1, 1976.
It was moved by Councilmail Harvey, seconded by Councilwoman Sonju and unanimously
carried to authorize the City Manager to respond affinmatively to the Orange County
League of Cities request for paPticipation in the 1976 special county-wide census.
CONSIDERATION OF lie ADOPTION OF AN ORDINANCE REGULATING TAXICABS IN THE CITY OF
CYPRESS: Y~e Assistant City Manager presented a report from the Administrative
Coordinating Teem dated July 30, 1974 regarding a proposed ordinance which would
provide looal controls over the operation of taxicabs in the City. Also trans-
mitted was a proposed resolution setting franchise application fees.
Following clarification by the City Attorney of the franchise permit provisions
in the ordinamee, it was moved by Councilwoman Sonju, seconded by Mayor Lacayo
and unanimusly carried to read the following Ordinance by title only, title
as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING CHAPTER 26A TO THE CYPRESS MUNICIPAL CODE, REGU-
EATING TAXICABS.
It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to
approve the first reading of the Ordinance. The motion was unanimously carried
by the followj~g roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCIhMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kenel, Sonju and Lacayo
None
None
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City Council Minutes August 12, 1974
It was moved by Councilwoman Sonju and seconded by Coumcilman Harvey to adopt
the following Resolution by title only, title as follows:
RESOLLIfION NO. 1521
A RESOLUTION OF IIHE CIYY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING ANAPPLICATION FOR TAXICAB FRANCHISE ~ZE
AND PuN APPLICATION FOR TAXICAB DRIVERS' PERMIT ~EE.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Sonju and Lacayo
None
None
CONSIDERATION OF APPROPRIATION OF FUNDS TO CONSTRUCT STORM DRAIN ON ORANGE AVENUE
FROM MOODY STREET TO GRINDLAY STREET, PROJECT #7517-20: The Assistant City Manager
presented a report from the Public Works Director dated August 5, 1974 describing
the storm drain project which was required as a condition of approval for develop-
ment of the Church of Jesus Christ of Latter Day Saints, Conditional Nse Permit
#74-1.
It was moved by Councilman Harvey and seconded by Councilman Kanel to approve
participation by the City in a proposed storm drain in Orange Avenue as outlined
in the staff report and approve a budget transfer of $23,500.00 from the Drainage
Facility Fund to the General Operation Fund and an appropriation of $23,500.00 from
the General Operation Fund to Account #10-42123-186. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Fra~dewich, Harvey, Kanel, Sonju and Lacayo
None
None
CONSIDERATION OF PAYMENT FOR STREET RIGHT OF WAY AT 5612 ORANGE AVENUE~ SOUIHWEST
CORNER OF ORANGE AVENUE AND GRAHAM STREET, PROJECT #7201-10-0625: The Assistant
City Manager presented a repozt from the Public Works Director dated August 2, 1974
regarding a~quisition of a ten-foot easement at 5612 Orau~ge Avenue necessary
for the construction of street improvements in Orange Avenue.
It was movedby Councilwoman Sonjuand seconded by Councilwoman Frankiewich to
approve an appropriation of $450.00 Gas Tax Funds to Aocount #10-42021-186.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: O COUNCILMBh
Frankiewich, Harvey, Kanel, Sonju and Lacayo
None
None
CONSIDERATION OF APPROPRIATION FOR STREET LIGHTS ON ORANGE AVENUE AT THE OAK ~qOLL
PARK SITE: The Assistant City Manager presented a report from the Public Works
Director dated August 7, 1974 concerning the installation of street lights adjacent
to Oak Knoll Park which will be financed through the Lighting District #2 fund.
It was moved by Councilwoman Frankiewich and seconded by Councilwoman Sonju to
approve a fund transfer in the amount of $1,887.00 from the Cypress Lighting
District #2 and appropriate the 81,887.00 to Account #10-42825-186, Orange Avenue-
Oak Knoll Park Street Lighting Improvement. The motion was unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 9 COUNCILMEN:
Frankiewich, Harvey, Kanel, Sonju and Lacayo
None
None
City Council Minutes August 12, 1974
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR W~kRKANTS #35969-36189:
It was moved by Councilwoman Frankiewichand secondedby Comcilman Kanel to approve
the conmercial wareat list for warrants #35969 through 36073 in the total amount of
$1,725,629.13, the conmercial warrant list for warrants #36074 througja 36151 in the
total amount of $378,585.95, and the list for warrants #36152 through 36189 in the
total amount of $179,820.80. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSEIff: 0 COUNCILMEN:
Frankiewich, Harvey, Kanet, Sonju and Lacayo
None
None
CONSIDERATION OF SECURITY LIGHTING AT JUNIOR HIGH SCHOOL SITES: The Assistant City
Manager presented a report from the Recreation and Park Director dated August 7,
1974 wt~ch~commendedreferral of citizen complaints regarding security lighting
at LewXngton and Oxford Jr. Nigh Schools to the Anaheim Union High School DisTrict.
It was agreed by the Council to receive and file the report regarding this matter
and direct the Recreation and Park Director to refer it to the Anaheim Union High
School District for their consideration with a follow-up report to be made to the
Co~cil.
CONSIDERATION OF APPROPRIATION FOR ADDED PART TIME PERSONNEL HOURS: The Assistant
City Manager presented a report dated July 29, 1974 from the Recreation and Park
Director regarding the hiring of a District employee to develop a visualaids
program toillustrate District activities and be used for public relations purposes.
The Council discussed the responsibilities of the position and noted the need to
develop a public relations program for the entire City.
It was moved by Councilwoman Frankiewich and seconded by Councilwoman Sonju to approve
the transfer of funds from the Cypress Recreation and Park District General Fund in
the amount of $2,600 into the 10-301.08-011 (Part Time Salaries) account as well as
$26.09 into the 10-301.08-016 (Fringe Benefit-Part Time) account for a total of
$2,626. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 100UNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Kanel, Sonju and lacayo
Harvey
None
RECESS:
Mayor Laeayo recessed the meeting at 5:50 p.m. until 7:30 p.m.
CALL TO ORDER:
Mayor Iacayo called the meeting of the Cypress City Council back to order at 7:36
p.m. in the Cypress City Council Chambers with the following Councilmen present:
PRESENT:
ABSENT:
Councilmen Frankiewich, Harvey, Kanel, Sonju and Laeayo
None
Also presemt were Assistant City Manager Douglas Dunlap, City Attorney John Murphy,
and the following members of the City Staff: Amberg, Bryant, Charkow, Hawley,
Sc}mtzeder and Warren.
PLEDGE OF AL],FGIANCE: Councilwoman Sonju led the pledge to the flag.
At tbe Mayor's request, the Assistant City Manager reviewed the actions of the Council
during the afternoon session.
-6-
City Council Minutes August 12, 1974
ORAL COMMUNICATIONS: Mayor Lacayo inquired if anyone wished to speak in regard
to any matter not on the agenda. The was no one wishing to speak.
CONSIDERATION OF FIRE SERVICE FOR COLLEGE PARK CYPRESS TRACT: Mr. Ed Jabbour,
10300 Providencia, Cypress, member of the College Park Homeowners' Association,
presented the Council with copies of a flier which was distributed in the area
of the College Park Cypress tract regarding inadequate fire protection services.
Mr. Jabboar introduced Mr. Cartis Pelli, a member of the Los Angeles City Fire
Department.
Mr. Pelli, 11458 Madeira, Cypress, offered criticisms of the present fire servioe
in this area of the City with regard to the response time of fire vehicles, the
location and staffing of fire stations, and the fact that a toll call is necessary
to contact the fire department.
Mayor Lacayo announced it was time to conduct the public hearings and he declared
the following three public hearings open and continued mntil after censideration
of this item:
PUBLIC REARING RE: APPLICATION FOR A SFECZAL PERMIT - THE HIDE-AWAY,
4360 LINCOLNAVENUE, CYPRESS.
PUBLIC HEA~ING RE: APPEAL OF CONDITIOMAL USE PERMIT #74-13 - CHESTER LARKIN.
PUBLIC HEAR/NG RE: ZONING AMENDMENT #74-2 TO AMEND SECTION 17.7-1 OF THE
ZONXNG ORDIBLANCE - REAR YARD ENCROACHMENTS.
The City Attorney advised tMat the City has no jurisdiction over fire services
and it was questionable whether the City could enter a contractual agreement
with an adjacent city to provide for these services.
Orange County Fire Chief Bob Hennessey described the number and locations of fire
fighting personnel, equipment and reserve units and the back-up operations of other
fire stations if the Tri-Cities station is out on a call. He stated the present
fire service is more than adequate for the entire City. He reported that telephone
stickers car?ying the fire departnent number were distributed to Cypress residents.
The Council discussed the fire rating of the City and possible solutions to avoid
the toll call and agreed to direct the staff to meet with the Fire Chief and con-
cerned residents regarding the problems end submit a report for the next meeting.
RECESS:
Mayor Lacayo called for a recess at 9:00 p.m. The meeting was called back to
order at 9:10 p.m. with all Councilman present.
PUBLIC HEARING RE: APPLICATION FOR SRECIAL PERMIT - THE HIDE-AWAY, 4360 LINCOLN
AVENUE, CYPRESS: Mayor hacayo reopened the public hearing and requested that the
staff present its report.
The Assistant City Manager presented a report dated August 2, 1974 which indicated
that the affidavits of publication, posting andmailing are on file in the City Clerk's
office and no written conmumications were received in favor of or in opposition
to the application.
Mayor [acayo inquired if anyone wished to speak in favor of the application.
Mrs. Grace Pisciotta, 8002 Louise Lane, La Palma, the applicant, spoke in favor
of the request to allow dancing in the restaurant.
-7-
City CouncilMinutes August 12, 1974
There was no one wishing to speak in opposition and the Mayor declared the hearing
closed.
It was moved by Councilmen Kanel and seconded by Councilwoman Frankiewich to approve
the special permit for the Hide-Away, finding that it will comport with the peaoe,
health, safety and general welfare of the public, subject to the condition that
dancing will be restricted to the hours established for the live entertainment
permit - 9:00 p.m. to 12:00 midnight, Sunday through Thursday, and 9:00 p.m. to
1:00 a.m. Friday and Saturday. The motion was unanimously careied by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Sonju and Lacayo
None
None
PUBLIC HEARING RE: APPEAL OF CONDiTIONAL USE PERMIT #74-13, CHESTER LARKIN: Mayor
Lacayo reopened the public hearing and asked that the staff present its report.
The Assistant City Manager presented areport from the Planning Director dated
August 7, 1974 which stated the affidavits of publication, posting and mailing are
on file in the City Clerk's office. Also transmitted was Planning Staff Report
PC#74-30 dated July 2, 1974 regarding the application and conmuaications received
in favor and in opposition.
Hayor Lacayo inquired if anyone wished to speak in favor of the application.
Mr. John Francis, 12650 Lakewood, Downey, the applicant, described the operation of
the billiardHall and presented the Council with a letter signed by other tenants
in the shopping center stating there was no loitering or undesirable patrons at
the billiaPd hall.
Mr. Tcm Bells 10190 Hialeah, Cypress, questioned whether adequate adult supervision
was provided and expressed concern over drug usage by some patrons.
Councilman Kanel stated for the record that on the date he visited the billiard hall
-there was ann adult in attendance.
The following persons indicated they were regular visitors at the billiard hall and
spoke in favor:
MP. Casey Crookes, 9208 Cypress Street, Cypress
Mrs. Cluney, 4331 MaPion, Cypress
Ms. Sue Riley, 10271 TanfoPen Drive, Cypress
Mrs. Victoria Pedrone, Cypress
Mayor Lacayo inquired if anyone wished to speak in opposition to the application.
Mr. Vincent Mariner, Director of Youth at the Holy Cross Lutheran Church, 4321
Cereitos Avenue, Cypress, indicated he was opposed to the use since it was an
attractive nuisance for children and might lead to increased vandalism near the
Church. He ~equested that the billiaPd Hall hours be changed to open at 12:00 noon
rather than 10:00 a.m. on Sunday so that it would not attract young church-gesrs.
Mr. Frank Alexander, 10457 Santa Clara, Cypress, spoke in opposition to the use as
being an attractive nuisance to young children.
Mrs. Terry Godfrey, 4542 Cathy Lane, Cypress, expressed concern ovep the littering
and speeding of young people in her neighborhood and requested better police sur-
veillance in the area and that the hours of operation of the billiard hall be
limited to 10:00 p.m. on weeknights.
Mrs. Pat Larkin, also representing the applicant, stated there was strict adult
City Com%cil Minutes August 12, 1974
supervision provided at all times and the owners had never encountered problems
with dr~ usage by patrons. Mrs. Larkin presented the Council with an insert
which was distributed with the church bulletin which she felt indicated monetary
amid not social concerns and she stated she would not favor changing the hours
on Sund~y.
The applicants responded to the cc~ments and stated they experienced no lit-
tering, loitering or rowdiness problems with younger patrons and that there was
frequent surveillance and visits by the Police Department.
No one else wishing to speak, Mayor Lacayo closed the public hearing.
Following discussion by the Council regarding the use, it was moved by Councilman
Kanel and seconded by Councilwoman Frankiewich to deny the appeal of Conditional
Use Permit #74-13 with an additional condition of approval to allow the City
Counmil to review the matter of hours of operation at its discretion and
with the change of the opening hour on Sunday from 10:00 a.m. to 12:00 noon.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kenel, Sonju and Lacayo
None
None
PUBLIC HEARING RE: ZONING AMENEMENT #74-2 TO AMEND SECTION 17.7-1 OF THE ZONING
ORDINANCE, REAR YARD ENCROACNMENTS: Mayor Lacayo roopened the public hearing
and asked the staff to present its report.
The Assistant City Manager presented a report from the Planning Director 6ated
August 7, 1974 which indicated the sffidavits of publication, posting end mailing
are on file in the City Clerk's office and no cenmunications were received re-
garding the matter. Also transmitted with the report was a copy of Plsnning Staff
Report PC#74-24 dated May 30, 1974 which outlined the proposal to amend the
Zoning Ordinance to allow additions to homes to eneroach into the required 29
foot setback on lots of substandard area upon meeting certain conditions.
RECESS:
Mayor Lacayo called for a recess at 10:50 p.m. The meeting was called back to
order at 11:00 p.m. with all Councilmen present.
Mayor lacayo inquired if anyone wished to speak in favor of the amendment. There
was no one wishing to speak in favor. He inquired if anyone wished to speak in
opposition. No one wished to speak in opposition and the Mayor declared the
public hearing closed.
It was moved by M~yor Lacayo, seconded by Councilwon~n Frankiewich end unani-
mously carried to read the following Ch~dinance by title only, title as follows:
ORDINANCE N0.
Aiq ORDINANCE OF 1lie CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE N0. 497, INE ZONING ORDINANCE OF THE
CII~Y OF CYPRESS, BY ADDING ITEM "G" TO SECTION 17.7-1
REGULATING REAR YARD SETBACK ADSUJSTMENTS ON SUBDIVIDED
LOTS WITH SUBSTANDARD AREA OR DEPTH.
It was moved by Councilweman Frankiewich and secondedby Councilwoman Sonju
to approve the first reading of the 0rdinence. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Har~ey, Kanel, Sonjuand Lacayo
None
None
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City Coumcil Minutes August 12, 1974
CONTINUATION OF CONSIDERATION OF REQUEST FOR REMOVAL OF EXISTING STREET TREES
ON EVEREST CIRCLE: The Assistant City Manager presented a report frcm the
P'ub]ic Works Director dated August 2, 1974 wb/ch indicated that several concerned
property owners on Evesst Circle had met with the Public Works Department and
reached a ccmpromise whereby the property o~mers would remove the existing street
trees and uew trees would he furnished and planted by the Public Works Department.
Mr. Barry Konier, 4567 Everest Circle, presented a petition to the Council which
indicated that all eighteen homeowners on Everest Circle were in favor of the
compromise. I~e stated he did not feel this action would set a precedent since
it would be difficult for a majority of homeowners in another area to agree upon
similar action.
Discussion was held regarding the type and size of tree to be replanted and the
problem of possibly setting a precedent by the removal of street trees.
It was moved by Coun~cilman Kanel and seconded by Mayor Lacayo to approve the
request by the property owners and the oompromise between the property owners and
staff. Councilwomen Frankiewich and Sonju both indicated their ooncern over
receiving similar requests and noted that trees in other areas of the City had
characteristic problems.
Mr,. Joe Hardcastle, 4588 Blanca, Cypress, stated the problem should he considered
from a practical standpoint with less oonsideration given to setting a precedent.
Councilman Kanel called for the question which carried by the following roll call
vote:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILb~N:
ABSENT: 0 COUNCILMEN:
Harvey, Kenel, Sonju and Lacayo
Frankiewich
None
motion failed to carry by the following roll eall vote:
AYES: 2 COUNCILP~N:
NOES: 3 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Kanel and Lacayo
Frankiewich, Harvey and Sonju
None
It was moved by Councilwoman Sonju and seconded by Councilwoman Frankiewich that
the eighteen residents of Everest Circle he granted permission to remove the street
trees at their own expense within the rules and regulations and with the cooperation
of t]~e Public Works Department, that the trees De of an approved variety and that
the staff investigate the possibility of purchasing them at a discount. The motion
failed to carry by the follow]rig roll call vote:
AYES: 2 COUNCILMEN:
NOES: 3 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich and Sonju
Harvey, Kanel and Lacayo
None
It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich that
t]~e City remove the trees, subject to unanimous consent of the eighteen property
olinhere and upon payment by the property owners of the cost of the replacement
trees, ttm~t the replacement trees be a minimun 15 gallon size and of a variety
to be detenmined by the Public Works Department in oooperation with the property
owners, and t]~t the property owners sign an agreement holding the City harmless
for the tree removal.
It was moved by Councilman Harvey to reeeive and file the matter. The motion
died for lack of a second.
Cily Council Minutes
August 12, 1974
The original moticn carried by the following roll ~11 vote:
AYES: 3 COUNCILMEN:
NOES: 2 COLNCII/t~N:
ABSENT: 0 COLNCIL~EN:
}~psr~ewich, Kanel and T~ayo
Harvey and Son~u
Ncne
CONSIEERATION OF (MARTER ELECTION:
tea 7'; 19v4 regar ung the
of a City charteP.
The Assistant City Manager presented a mpoTt
calling of a special electicn to cxmIsider aptyfoval
It was moved by Comcilman Hsrvey and seconded by Councilweman Fr~nkiewlch to
adopt the follcwlng Resolution by titl~ rely, title as follows:
RESOLUTION NO. 1522
A RESOLUTION OF ~ME CITY 00UNCIL OF 1E CITY OF CYPRESS
ORIERING, CALLTNG, PROVIDING FOR AND GIVING NOTICE OF
A SPECIAL ELECTION TO BE HELD IN SAID ci'lY ON NOVEMBER
S, 1974, FOR ~HE PURPOSE OF SIBMI'rI1NG TO IHE QUALIb'lED
VglERE OF SAID CITY A PROPOSITION TO ADOPT A Q~IER FOR
THE CITY OF CYPRESS AND CONSOLIDATING SAID ELECTION WrLH
THE STATEWIEE GENERAL ~.F. CTION TO HE }ELD ON SAID DATE.
The motion ~s ~animously oaz~ied by the following roll o~]1 vote:
AYES: 5 COLNCILMEN:
NOES: 0 COUNCII/~EN:
ABSENT: 0 COLNCIL~EN:
Fpankiewich, Harvey, Kanel, Sonju and Lacayo
None
Ncne
It was moved by Cotmcilman Harvey end seconded by Cotmeilwcman Frankiewich to adopt
the following Resoluticm by title rely, title as follows:
RESOLUTICN NO. 1523
A RESOLUTION OF THE CI~ COUNCIL OF THE CITY OF CYPRESS,
CAJ/TORNTA, REQUESTING THE BO~RD OF SUPERVISORS OF THE
COLNTY OF 0RANGE TO CONSO~TE ~HE CER ELECTION
OF SAID CITY ~) ~E HELD ON NOVEMBER 5, 1974, WI'IH
5'TA~Tw'II~ (~RAL EI/ECTION TO PE. HELD ON IHE SAME DATE.
The motion was unanimously darPied by the following roll n~ll vote:
5 CO~]qCILMEN:
0 COLNCII~EN:
0 C0~NCIR~EN:
Ppankiewich, Harvey, Fanel, Sonju and Iacayo
None
Ncne
ORAL COMMUNICATIONS: Mp. HowaM Rowan, 5831 Shipl, Cypress, presented to the
Cornell a notioe of intention to c~te an initiative petiticn ~hich initiative
would ppohiblt the change of any manufacturing or o~=pc/al land use zcnes in
the City to o~YePcial. Mr. Rowan requested that the Council ocnsldeT inoopporating
fills ~z~ndment into the dpaft City chartep and he suggested that the Cotnell oc~sider
placing the intiative cn a ballot without the need to circulate petitlens.
Rowan s~m~zed the notice of intention end puppose of the initiative ~hich called
fop a~ expanded City tax base via cu,m,~clal and industrial development.
Tb~ Council discussed the mattep of adding the ppoposal as a d~t~tep ~nendment
stud felt the initiative could jeopardize approval of the cha~ter since it o0~tained
sevepal negative ~nd inaecupate statements. ~he Council also discussed elements
of a proposed opdinence regarding zoning legislation ~hich were contained in the
notice of intent and the (buneL1 considered a stPem4 vote at ~ November election
to get citizen views regarding the initiative mattep.
C~mcil Minu~es Augus~ 12, 197~
Joe Hardcastle, 4588 Blanea, Cypress, spoMe in favor of l~a initiative pro-
posal and stated the City could lose substantial revenue if oertain areas were
rezoned =- a manufacturing zone.
It was ~he mensus of the Council ~o hold a special meeting Monday, August 19
to oo~sider ~%is matter md request the staff to prepare a strs~ vote statement
~ahioh could he voted on in ~he November electicn hy Cypress residents.
CfNSIEERATIC~ OF APPROVAL OF CC~ROIAL WARRANT LISTS FOR WARRANTS #3325-3428
~ 171'185: It was moved by Comcilwcmsn Prankiewich and seoondsd by Comcilwcman
]u~sppmve the Recreatico and Park I~strict o~,.,~rclal ~s/rant list for
warrants #3325 ~hrnugh 3376 and 171 ~u~ugb 179 in the total ~,uumt of 82,224,514.40
snd the emmercial warPant ]~st fop win"Pants #3378 throu~ 3~28 and 180 through
185 in the total emo~t of 81,152,121.41. The motic~ was br~mimously carried
by ~he following roll call vote:
AYES: 5 COLNCIL~EN:
NOES: 0 COLNCIL~EN:
ABSENT: 0 COLNCIL~EN:
Frenkiewid~, Happy, Fanel, Son~u and Laosyo
Ncme
Ncne
SECOND EADING OF AN ORDINANC~ ~: SIG~S: Hearing no objectlcns, Mayor Lacayo
ordered the following 0rdinanoe read by title rely, title as follows:
ORDINANCE N0. 534
AN ORDINANCE OF IHE CL'AY COLN2IL OF ~ CITY OF CYPRESS
A~DING CHAFIER 23 OF ~HE CYP]~SS CrlY COIE PERTAINING
TO SI~qSo
It was moved by Cou~cilweua~ Prankiewieh and seo~ded by Oomcilwcman Sonju to
adopt Ordinanoe No. 534. The moticn was man~usly carried by ~he following
roll call vote:
Fpankiewich, Harvey, Kanel, Scnju and Laeayo
Ncne
N~ne
EXECUTIVE SESSICN:
Mayc~ Laosyo deo!~ved an Emcutive Session at 12 : ~5 p.m. for mattere of p~-~mnel.
The meeting was o~lled back to order at 1:37 a.m. with ~11 Oomcilmen present.
~he Mayor added to the agenda a matter mga~dlng a request for a leave of absence
by Teri Lareau.
It was moved by Comcilw~nan Sonju, seconded by Couneilwcman Frankiewieh and ~n-
im0usly n~ied that the City Co~cil,. acting as ~he ex-officio Board of Directo~
of ~he Cypress Reoz~ation and Park District, appro~ a 90 day leave of absence
without p~y for ReoA~ation and Park District employee Teri L~au.
It was moved by Cemcilw~zn Frankiewieh, secmded by Mayor Lacayo and rely
carried to adjourn ~he meeting at 1:40 a.m. ~o ~knday, August 19, 1974 at 7:00 p.m.
' ' R~~~'E'~j&'AY~' ~F~SS
ur.T ;CLERK OF THE CITY OF C~F~S