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Minutes 74-08-19OF THE CYPRESS CITY COUNCIL · HELD August 19, 1974 The adjourned regular meeting of the Cypress City Council was called to order at 7:10 p.m. on Monday, August 19, 1974 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: ABSENT: Councilmen Frankiewich, Harvey, Kanel, Sonju and Lacayo None Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following members of the City Staff: Amberg, Bryant and DUnlap. PLEDGE OF ALLEGIANCE: Councilwoman Sonju led .the pledge to the flag. At the City Manager's request, it was moved by Councilman Harvey, seconded by CoUncilwoman Sonju and unanimously carried to add to the agenda an item regarding United Way Day. It was moved by Councilwoman Frankiewich, seconded by Councilwoman Sonju and unanimously carried to proclaim September 18 as United Way Day and the month of October as United Way Month in the City of Cypress. The City Manager reported that the Metropolitan Water District of Orange County was scheduling a public hearing on August 22 regarding a regional water treatment plant and he recommended that the Council request a continuance of the public hearing since most of the affected cities had not yet reviewed the report or determined the impact of the proposed construction. The Mayor placed this matter on the agenda and it was moved by Councilman Harvey, seconded by CoUncilwoman Sonju and unanimously carried to approve the staff's recommendation to request a continuance of the August 22 public hearing of the Metropolitan Water District. Councilman Harvey reported that he had been contacted by residents regarding a severe traffic safety problem caused by speeding cars on Lee Drive, Gene Street, and Fred Drive. Other Council members indicated they were aware of traffic problems on Surrey, Lexington and DOrset, Apia Drive and Myra Avenue and juvenile disturbance problems on Ponder Street. The Police Chief commented on the nature of complaints on Ponder Street. City Council directed the staff to investigate the problems and prepare a report with recommendations for the next regular meeting. The Brief discussion was held regarding a condominiuan project on Walker Street between Orange and Ball Road, Conditional Use Permit #74-14, and a pre-school development at the northwest corner of Ball and Denni, Conditional Use Permit #74-18, which were approved at the last Planning Conunission meeting. The Mayor added these two matters to the agenda. The Council requested that the staff prepare for the next meeting a complete staff report regarding the two proposals and the action of the Planning Commission. ORAL COMMUNICATIONS: There was no one wishing to address the City Council at this time. CONSIDERATION OF ANNEXATION #74-1: The City Manager presented a report from the Planning Department dated August 15, 1974 concerning the proposed annexation of County territory at the northeast corner of Lincoln Avenue and Sumner Street. The report indicated the annexation proposal was approved at the August 14 meeting of the Local Agency Formation Commission. City Council M~utes Auqust 19, 1974 It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1524 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED AS "ANNEXATION NO. 74-1", TO THE CITY OF CYPRESS. 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 EXECUTIVE SESSION: Mayor Lacayo called for an Executive Session at 7:50 p.m. for matters of personnel. The meeting was called back to order at 9:50 p.m. with all Councilmen present. CONSIDERATION OF HOLDING A STRAW VOTE FOR DETERMINATION OF THE ARLAN PROPERTY DEVELOPmeNT PROGRAM: The City Manager presented a report from the Administrative Coordinating Team dated August 15, 1974 which addressed the matters of a straw vote ballot regarding development of the Harvey property and an initiative proposal regarding all commercial and industrial zoned property in the City. Discussion followed regarding the Council's opinions on the straw vote proposal. Councilman Kanel expressed full support for the straw vote and felt it was necessary to get an indication of how the community feels regarding development of the Harvey property. Councilman Kanel felt the voters would be well acquainted with the different issues and that the charter would not be disturbed by the straw vote since the charter would benefit the entire City by protecting an existing revenue source. The remaining Council members were concerned that the straw vote and initiative proposals, which were of a controversial nature, might jeopardize the charter and they felt the two issues should not be combined. Councilwoman Frankiewich suggested that the straw vote could be placed on the ballot for the next April election and she felt some indication should be given to Cypress citizens that the matter would be subject to a vote at a later date if not placed on the November ballot. Councilwoman Sonju stated she would be opposed to placing the straw vote on the November ballot and suggested a straw vote through the City newsletter. Mayor Lacayo noted that the charter, straw vote, and initiative proposal presented to the Council could be very confusing to the voters and the political atmosphere could jeopardize the charter. He stated the previous action of the City Council regarding the Harvey property was still in effect and a straw vote would conflict with that action. The Mayor stated that, by the previous action, the voters would be voting directly on the Council's action and on a definite development plan, instead of on a confusing and nebulous statement of a straw vote. Councilman Harvey strongly opposed placing the straw vote on the November ballot and stated the straw vote could be taken at a more appropriate time. He stated the response of citizens would have little effect since the question of proceeding with development was up to the property owner. Councilman Harvey felt the negative material circulated throughout the City regarding the Harvey property and the negative and controversial nature of the initiative could defeat the charter which, he felt, should be the City's primary concern. He recommended adherance to the Council's previous action whereby citizens would be voting on a concrete development plan. -2- It was moved by Councilman Harvey and seconded by Councilwoman Sonju to receive and file the straw vote proposal. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Sonju and Lacayo Frankiewich and Kanel None Hearing no objections, Mayor Lacayo added to the agenda a matter regarding an initiative proposal submitted at the August 12 Council meeting. The City Attorney outlined his concerns on the initiative proposal because of legal questions regarding the format and certain provisions. He recommended that the City Clerk proceed with the processing of the initiative as submitted and stated he would like to research the matter further. Mr. Howard Rowen, 5831 Shirl, Cypress, vice president of the Cypress Citizens' Association, spoke in support of the initiative proposal and stated citizens were prepared to petition to place this matter on the ballot. Mr. Rowen recog- nized the concerns of including the initiative as a charter amendment and rec- ommended that it be placed on the ballot for the April election. It was the consensus of the City Council to receive and file the initiative proposal with the understanding that it may be presented to the Council at another time o ADJOURNMENT: It was moved by Councilwoman Frankiewich, seconded by Mayor Lacayo and unanimously carried to adjourn the meeting at 11:20 p.m. in honor of Councilwoman Frankiewich's adopted mother, Mrs. Kathleen M. Baxley. ATTEST: ~foR o~ym ~ OF ~PR~SS CITY CLERK OF ~jE eITY O~ CYPRESS -3-