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Minutes 74-08-26MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 26, 1974 T~B regular meeting of the Cypress City Council w~s called to order at 4:10 p.m. on Monday, August 26, 1974 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, Califomia, Mayor Otto Iacayo presiding. PRESENT: ABSEFr: Councilmen Fr~nnkiewich, Harvey, Sonju and Lacayo Councilman Kanel Also present wore City Manager/City Clerk Darr~ll Essex, City Attorney John Murphy, and the following members of the City Staff: Amberg, Bryant, Cha~kow, Dunlap, Grant and Schatzeder. EXECUTIVE SESSION: Mayor Lacayo called for an Executive Session at 4:11 p.m. for matters of personnel. The meeting ~as called back to order at 4:30 p.m. with Councilman Kanel absent. The Mayor placed on the agenda a matter regarding a settlement agpeement with Mr. Thomas Baroldi. The City Attorney outlined the terns of the settlement agreement. It was roved by Councilweman Sonju and seconded by Councilwcman Frankiewich to approve the settlement agreement with Thomas Baroldi as presented. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo None Kanel The Mayor placed Item No. 7a on the Consent Calendar regarding a request for a waiver of the permit fee by the Latin American Club of St. Irenaens Church. Councilweman Sonjureported that she had received c~nplaints on unsatisfactory street sweeping and the Mayor placed this matter on the agenda. The Council directed the staff to investigate the cemplaints and prepare a report for the next meeting. Councilwcman Sonju reported that she received a request by a church to set up directional signs and she requested that the staff investigate the possibility of allowing directional signs for churcbs and in other areas where they are restricted. At Councilwcman Sonju's request, the Mayor added Item No. 10b to the agenda regarding formation of a citizens' charter ecmmittee. Councilwoman Frankiewich reported that the owner of the shopping center at the nor~chwest corne~ of 0range Avenue and Moody Street was not maintaining the landscaping and she requested that the staff contact the owner and subnit a report at the next meeting. ORAL COMMUNICATIONS: Mayor Lacayo inquired if there was am/one in the audience who wished to address the Council in regard to any matter not on the agenda. There was no one who wished to speak. CONSIDERATION OF AWARD OF CONTRACT FOR ONE iS-PASSENGER TYPE VAN OR MAXI-WAGON ~ REQUEST FOR QUOTATION #7475-005: The Finance Director presented a report dated August 22, 1974 regarding purchase of the van and outlined telephone quotations City Council Minutes August 26, 1974 which were solicited by the Finance Department. He recu~Lended that the Council reject the bids which were received, waive t3~ formal bidding requirements because of the time restraints, and award the contract to the lowest responsible bidder on an informal basis. It was moved by Councilwcman Sonju and seoonded by CoLmcilwcman Frankiewich to reject the bide received, waive the formal bid requirements, appropriate $850.00 to Central Services Account ~9069848-3~0 and a~ard the contract on an informal basis to the.lowest responsible bidder, Del A~D Dodge, 20433 Hawthorne, Torrance, California. The motion was manimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 8 COUNCIL~EN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Iacayo None Kanel The Mayor added Item No. la to the agenda regarding the purchase of police vehicles. CONSIDERATION OF PURCHASE OF POLICE VEHICLES: The City Manager presented a report from the Finance Director dated August 21, 1974 which reconmended that the Council adopt a policy to purchase intermediate-size police patrol cars on a yearly basis rather than purchase full size vehicles on a bi-yearly basis. He reviewed the cost savings which were expected with the new policy. It was moved by Councilwoman Sonju and seconded by Mayor Lacayo that the City of Cypress adopt a policy of yearly purchase of intermediate-size police patrol vehicles. The motion was Lmanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Iacayo None Kanel CONSIEERATION OF AWARD OF CONTRACT FOR PROJECT ~7434-90~ TREE SUPPLY AND PLANT]]qG~ DENNI STREET FROM BALL ROAD TO 1400' NORTH OF BALL ROAD: City Manager presented a report from the Public Works Director dated August 16, 1974 which s~narized the nine bids received for the tree planting project. It was moved by Councilwoman Frankiewich and seconded by Councilwc~nan Sonju to authorize a budgeted transfer to the General Operating Fund ar~ appropriate $381.00 from the Fund balance of the General Operating P~nd to Account 10-40427-186 and determine that De-Mar landscape is the lowest responsible bidder and award a contract for the supply and planting of trees, Project 7434-90, to De-Mar landscape, P. O. Box 817, Garden Grove, California, 92642, per their proposal dated August 15, 1974 in the amount of $5,881.00. The motion us unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 9 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo None Kanel CONSENT CALENDAR: Mayor Lacayo announced that all mattere listed on the agenda under "Consent Calendar" were to he considered by the Council as routine and enacted by one motion approving the recomnendation on the agenda. He inquired if any Council m~mber wished to remove an it~n from the Ccnsent Calendar. At Councilwoman Scnju's request, Item No. 5 regarding the ICC resolution service was removed from the Consent Calendar. Considerable discLssion was held regarding the responsibilities and effectiveness of the resolution service with Councilman Harvey and Sonju opposing the City' s participation in the service. Councilwcman Sonju felt the service would he a duplication of efforts and that it should involve more than transmitting informa- tion. Councilman Harvey expressed concern over the authority of the resolution conmittee in determining appropriate positions to be transmitted to the ICC. -2- City Council Minutes August 26, 1974 It was moved by Ccnncilwanan Scnju and seconded by Councilman Harvey to cum~ni- cate to the Intergoverrmental Coordinating Council that the Council is not in favor of paFticipating in the resolution service and discourages them frcm proposing the service and that the efforts of ICC could be better spent in another direction. It was moved by Mayor Lacayo and seconded by Councilwcman Fpankiewich to ccntinue this matter to the next meeting so that it could be considered by the absent Coancil member. It w~s moved by Couneiiwcman Sonju and seconded by Councilman Heu~vey to receive end file the matter. The City Attorney advised that this was not a proper motion. The motic~ to continue failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: Frankiewich and Lacayo hDES: 2 COUNCILMEN: Harvey and Scnju ABSENT: 1 COLNCILMEN: Kanel It was moved by Councilwcman Sonju and seconded by Councilman Harvey to reoeive and file the matter regarding the ICC resolution service. The motion carpied by the following roll call vote: AYES: 3 COLNCILMEN: harvey, Sonju and Lacayo NOES: 1 COUNCILMEN: Frankiewich ABSENT: 1 COUNCILFEN: Kanel It was moved by Couecilwcman Frankiewich, secc~ded by Mayor laeayo and tmanimously carTied to approve Itsn Nos. 3 through 7 cn the Consent Calendar with the deletion of Item No. 5. Item No. 3: Consideration of CumL~ication from the Santa Ana Chapter of the Daughters of the American Revolution Requesting Proelsnation of September 17-23, 1974 as Constitution Week. Recc~mendation: That the Mayor and City Council proclaim September 17-23, 1974 as Constitution Week in the City of Cypress. Item No. 4: Ccnsideration of Attendance at the Southern California Association of Goverrments General Assembly Meeting on September 11-12, 1974 at NewpoFt Beach. Recc~nendation: That the City Council authorize attendsnee to the Southern California Association of Governnants General Assembly meeting on September 11-12, 1974 for any Council member able to participate, with reimbursement of all actual expenses incurred. Item No. 6: Consideration of Resolutions from the Cities of Wastninster and Buena Park Opposing Increases in Property Tax Assessments. Recommendation: Receive end file. Item No. 7: Ccnsideration of a Notice of the Public Hearing Before the Local Agency Fozmatien C~,',missicn Regarding the Cities of Cypress' and Stanton's Spheres of Influence. Reo3maendation: Receive and file. I~em No. 7a: Consideration of Waiver of Special Permit Fee for latin American Club of St. Irenaeus Church. Recommendation: That the City Couecil approve the waiver of the special permit fee for the latin American Club dance to be held September 14, 1974. CONSIIERATION OF CITY' S PARTICIPATION IN ~}RE NORTH ORANGE COUNTY ASSESSMENT TREATMENT SERVICES GEMIER: The City Manager presented a rep'o~t dated August -3- City Council Minutes August 26, 1974 22, 1974 which indicated the City' s allocation for funding of the center would be reduced because the center was approved for grant funding by the Criminal Justice Cotncil. It was moved by Councilman Harvey and seconded by Councilwcman Frankiewich to authorize the City Manager to notify the City of La Habra that the City of Cypress will participate in the funding of the North Orange County Treatment Assessment Services Center in the estimated amount of $2,421. The motion was unanimously carried by the following roll call vote: AYES: 4 COL~CILMEN: NOES: 0 COIIYCILMEN: ABSENT: 1 COL~CILMEN: Frankiewich, Harvey, Sonju and Lanayo None Kanel CONSISERATION OF AN APPLICATION FOR CATV FRANCHISE: The City Manager presented a report dated August 22, 1974 which indicated an application was submitted by Ken Downes/Associates for a cable television franchise and the City Engineer is required to submit a report regarding the application within 30 days. It was moved by Councilwoman Sonju, seconded by Councilwoman Frankiewich and manimously carried to refer the application of Ken Dowries/Associates for cable television to the City Engineer for further report pursuant to the Cypress City Code. CONSIIERATION OF PURCHASE OF VISIBLE PURCHASE REFEKENCE FILE AND CARDS: The City Manager presented a repoz~t fr~n the Finance Director dated August 21, 1974 concerning purchase of a visible purchase reference file for use in purchasing operations. It was moved by Councilw~nan Sceju and seconded by Councilman Harvey to auth- orize the purchase of a Visible Purchase Reference File and appropriate $350.00 to Fixed Asset Aecomt 10-97518-626. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Fremkiewich, Harvey, Sonju and Ianayo None Fanel CONSIIERATION OF AUTHORIZATION FOR RflENDANCE TO THE 1974 ALLIANCE OF CALIFORNIA ANTS COUNCILS CONFERENCE: The City P~nager presented a report dated August 20, 1974 requesting authorizatice for all Arts and Cultural Commission members to attend the Canference to be held September 27 through 29. It was moved by Councilwcman Frankiewich and seconded by Councilwonan Sonju to authorize th~ attendance of all Arts and Cultumal Commissionere to the 1974 Conference and Annual Meeting of the Alliance of California Arts Councils, with expenditures not to exceed $269.00. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Iacayo None Kanel CONSIIERATION OF REQUEST FROM GARDEN GROVE FOR REIMBURSEMENT OF COSTS FOR INSTALLATION OF PEDIAN lANDSCAPING - CITY OF CYPRESS PROJECT #7447-90: The City Manager prssanted a report from the Public Works Director dated August 22, 1974 which indicated an additional appropriation was necessary to cover the cost for the removal of asphalt in the median which work was not included in the cost estimate for the project. It was moved by Councilman Harvey and seconded by Councilwoman Sonju to approve payment of $721.00 to the City of Garden Grove as rsimbursemant for the extra costs incurred during construction of the Valley View median improve- ment and appropriate $721.00 from the General Fund to the General Operating Fred Account 10-42627-188. The motion was unanimously carried by the following -4- ~ ~ ~ = ~ity Council Minutes August 26, 1974 roll call vote: AYES: 4 COLNCILMEN: NOES: O COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Scnju and Lacayo None Fanel At Comcilwoman Scnju's request, the Mayor added to the agenda a matter re- garding Japanese Privet trees. CONSIDERATION OF AGREEMENT WITH CHURCH OF JESUS CHRIST OF LA'rfER DAY SAINTS FOR CONSTRUCTION OF A STORM DRAIN IN ORANGE AVENUE~ CITY OF CYPRESS PROJECT ~7517-20: The City Msnager presented a report fron the Public Works Director dated August 22, 1974 regarding the project. The Public Works Director reported on the negotiations with the Church to secure their share of the oosts. It was moved by Councilw~nan Frankiewich and seconded by Mayor Lacayo to approve the agreement as outlined in the staff report and authorize the Mayor to sign and the City Clerk to attest the signature. The motion was unarimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COLNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo None Kanel CONSIDERATION OF TRAFfYC PROBLEMS: The City Manager presented a report fpom the Public Works Director dated August 22, 1974 which indicated the staff was investigatiDg the traffic problems referred by the COLmCil and would like to request additional time to submit its report and recc~nendations. It was the consensus of the Council to continue this matter to the next meeting. CONSIDERATION OF COUNTY-WIDE "gll" E]~ERGENCY 7ELEPHONE SYSTEM STUDY: The City Manager presented a report dated August 23, 1974 which described the 911 emergency telephone system. It was moved by Councilwoman Sonju and seconded by Cotmcilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1525 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROVIDING FOR 7HE PARTICIPATION OF 7HE CITY IN THE 911 EMERGENCY TELEPHONE SYSTEM. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo Ncne Kanel CONSIDERATION OF APPROVAL OF CO~I~ERCIAL WARRANT LISTS FOR WARRANTS ~36190- 36307: It was moved by Councilwcrmn Frankiewich and seconded by Mayor Lacayo to approve the Cu,,.ercial Warrant List for Warrents #36190 through 36236 in the total amount of $470,281.70 end the Ccfmnercial Warrant List for Warrants ~36237 tb_rough 36307 in the total amount of $312,527.70. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCII~ZN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo None Kanel CONSIDERATION OF APPROVAL OF COP[MERCIAL WARRANT LISTS FOR WARRANTS ~186- 194 AND 3429-3499: It was moved by Comcilwoman Frankiewich and seoDnded by Councilwc~an Sonju to approve the Recreation and Park District Ccm- -5- City CoLncil Minutes August 26, 1974 · mercial Warnant List for Warrants #186 through 190 and 3429 through 3481 in the total amount of $880,722.98 and the Cc~mercial Warrant List for Warrants #191 through 194 and 3482 through 3499 in the total amount of $577,756.97. The motion was unnanimously carried by the following roll call vote: AYES: 4 COLNCII/~EN: NOES: 0 COLNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonj u and Laeayo None Kanel SECOND READING OF ORDINANCE RE: REAR YARD SETBACK ADJUSTMENTS: It was moved by Councilwcman Frankiewich, seconded by Comcilwc~an Sonju and unanimously carried to read the following Ordinance by title cnly~ title as follows: ORDINANCE NO. 535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 497, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY ADDING FrEM "G" TO SECTION 17.7-1 REGULATING REAR YARD SETBACK ADJUSTMENTS ON SUBDIVIDED lOTS WITH SUBSTANDARD AREA OR DEPTH. It was moved by Councilwoman Frankiewich and seconded by Councilwoman Sonju to adopt Ordinance No. 535. The motion was tnanimously carried by the fol- lowing roll call vote: AYES: 4 COLNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COL~CILMEN: Frankiewich, Harvey, Sonju and Lacayo Ncne Kanel SECOND READING OF ORDINANCE REGULATING TAXICABS: Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING CHAPTER 26A TO THE CYPRESS MLWICIPAL CODE REGU- IATING TAXICABS. It was moved by Councilwoman Frankiewieh and seconded by Councilwcman Sonju to adopt Ordinance No. 536. The motion was unanimously carried by the fol- lowing roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Fpankiewich, Harvey, Scnju and Lacayo Ncne Kanel CONSIDERATION OF JAPANESE PRIVET 'fMEES: It was moved by Couneilwc~nan Sonju, seconded by Councilwcman Frankiewieh and unanimously carried to remove Japanese Privet trees from the Ciiy's list of approved trees. MINUTES: It was moved by Councilwcman Sonju, seconded by Councilman Harvey ~ unanimously carried to ccetinue consideration of the August 12 minutes to the next meeting. The City Manager Peported that with the new program budgeting system it was necessary to make fund transfers from program to program and he requested the Council's authorizatic~ to take this action with periodic reports to be suetted to the Council. The Council indicated its approval of the request. RECESS: It was moved by Mayor Lacayo, seconded by Councilwc~an Sonju and unani- mously capPied to recess the meeting at 5:55 p.m. uatil 7:30 p.m. -6- C~./Q~uncil Minutes August 26, 1974 CALL TO ORIER: Mayor Lacayo called the regular meeting of the Cypress City Cornoil back to order at 7:40 p.m. in ~fne Cypress City Council Chambez~ with the follcwing Comcilmen in attendance: PRESENT: ABSENT: Councilmen Frankiewich, Hsrvey, Scnju and Lacayo Councilman Kanel Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney and the follcwing members of the City Staff: Areberg, Bryant, Charkow, Dunlap, Grant and Schatzeder. PLEDGE OF ALLEGIANCE: The City Manager led the pledge of allegiance. The City Manager reviewed the Council' s actions during the afternoon sessicn. At Co~neilwcman Sonju's request, Item No. 28 regarding Japanese Privet trees was placed back cn the agenda for crmsideration. ORAL COMMUNICATIONS: Mrs. Richard Shen~et, 9805 Via Sonc~na, and Mrs. Nancy Ingle, 4050 Via Eneinas, Cypress, reported that they were recently informed by an Anaheim High School District Board member that, because of budget cutbacks, the District intended to discon- tinue bus service to Cypress High School for the Tanglewood ar~ Greenbrook tracts and other areas located west of Denni Street. They indicated they would be attending the September 12 Board meeting to voice their ooncerns and asked if l~e City Comeil could offer support. The City Attorney advised that the City Cornoil has no jurisdicticn in school district matters. Following cansideraticn of this totter by the Council, it was the cansensus of the Comdit to forward a ccm~nt~icaticn to the Anaheim Union High School District Board of Directors requesting their consideration of placing the bus service beck in operatian for the Tanglewood and Greenbrock tracts west of Denni and inquiring as to other areas cut beck in school services. Mrs. Chris Luster, 6319 Dominica, Cypress, cengratulated the Council on the start of parks developn~nt. At this t~ne, Mayor bacayo introduced Setsuko Hayashi, Councilwcman Sonju's house guest from Japan. Councilwc~an Sceju read the following statenent into the record: "A small group of individuals in our City have been nysteriously motivated to cause me great personal grief, by their carefully calculated and per- sistent efforts at groundless and malicious character assassination. I had hoped that t]%is group was simply misinformed, but their knowledge has made no difference. Now that any issue on which it could be said I was influenced either for or against apparently is dead, I want to say I had the honesty, irrespective of the political world these days, to make a full disclosure of all my campaign eontributicns in ecmplianee with both the letter and the spirit of the law. At the time that I made my disclosure, I realized that neither the Mosterie nor the Waxman-Dymally Bills required a disclosure. Even Propositicn 9, the Campaign Disclosure Act, does not require such a disclosure. Still, I believe strongly in the principle that the public has the right to know the full story of financial support of all public officials and I acted in accordance with that belief. Furthermore, I also believe that the public is entitled to that knowledge about all their political leaders, whether elected or self-appointed. I made a full disclosure c~ a voluntary besls and I encouraged -7- City Council Minutes August 26, 1974 everyone to do the same thing. I have not and will not be influenced by any financial ec~tribu~ors no matter what their personal, political or financial interest will be. However, I will listen to everyone, no matter whether their perscnal, political, and financial interests are different from mine. SinGe I have been so strongly criticized for aeGepting a campaign contributicn fron S & S Construction Company and sinGe it has been suggested that my decisions are influenced by this contribution, I should like to review the circt~nstance of my campaign. I stated in my campaign literature that I financed my campaign entirely myself - this is trne - all the mney I spent for the campaign was spent prior to my receiving any contributions. Contributions received for my campaign by me did not help me get elected. They only reduced my level of poverty after the election. My full time job is not a hobby - it supports me, my child and my household and t/~ money for my campaign, around $900.00, ~s a ccnsiderable amount for me to spend. A few days before the election, I received a call fpom a representative of S & S Ccnstruction Company asking to contribute to my campaign. At first I refused but after reviewing my financial circumstance and assuring myself that the contribution would not influenGe any of my future decisions, I accepted. This is August - my campaign statement w~s made public in April. The Cypress Citizens Association is still carrying on about it. Following the election in the preparation of my c=~npaign statement I had the choice - the option - of not declaring the S g S contribution - the law did not require that I declare it. However, it was my desire to ccmply wi~"'what I felt the interpretaticn of the law should be - full disclosure of funds - I want to emphasize that I made the choiGe. I decided to make public that contribution. In fact, the Santa Ana"l'~ster, in printing my campaign statement, stated that "money contributed by S & S would have gone by un- notiGed had Sonia Sonju not decided to declare it." I knew at the time I made this c~npaign repor~c that legally I did not have to do so. In reviewing my campaign statements the Cypress Citizens' ~ssociation had some shoiGes to make too. They could have chosen to admire my honesty. Instead, they chose to persecute me. Because I had the honesty to report campaign con- tributions frcm various entities esscoiated with Shappel Industries which has since sought approval for development in our City, I have been accused by this group of being "bought out." Although assured by the attorney that there is no conflict of interest, they Gentinue to suggest that I refrain frcm voting. This has hurt very much. I sought election to t~y ar~ do scmething oonst~uetive and positive for tb_is City rather than allow the doomsayers to condemn ~is City to the ash heap because everything is impossible. Things are possible. I know that I have the best interest of the City at heart and I believe the balance of the Counc~/, as well as the staff~ have these interests foremost in their minds too. I was elected to this office by the citizens of Cypress. The eontributien has been challenged. I don't believe that the amount is that significant to make an impact on any of my decisions on this legislative body. Although I originally intended to return the money to S 8 S, I don't feel the amount is significant to Shapell Industries either and I have decided to donate the money that I received frcm S g S Ccnstructien Company to organizations which I believe do contribute to the betterment of the onnmunity and that do have a positive influenGe on the City. Those organizations to which I will contribute these funds are the following: Cypress Jtmior Wc~nen's Club, Cypress Women's Club, Boys' Club of Cypress, Cypress JayGees, and the Cypress Senior Citizens. I believe returning this c~npaign contribution to the cc~nunity presents a challenge to this Association. It is a challenge to join with us in -8- City CouncilMinutes August 26, 1974 devoting the full measure of their abilities to positive ccnsnmctive solutions, to real issues facing the City rather than groundless, sense- less and destructive chs~acter assassination." Councilwcmas Sonju then turned the checks over to the City Manager for distribution to ~he City organizations. CONSIDERATION OF COLT~,,GE PARK AREA FI~E SERVICE: ~he City Manager presented a report regarding this matter dated August 22, 1974 which indicated a meeting was held August 22 between fire service representatives and College Park home- c~ners to explain present fire services. The City Manager recommended that this matter he continued until the representatives have contacted all affected property owners. It was the consensus of the City CoLmCil tO continue oonsideraticn of the fire service for the College Park area to the next meeting. CONSIDERATION OF A CO~UNICATION FRGM ~ SENIOR CITIZENS OF CYPRESS REGARDING USE OF ~ LIBRARY BUILDING AT MOODY AND MYRA: The City Manager presented a report dated August 22, 1974 ~hich recu~,fLended that the Senior Citizens' request for use of the old library be received and filed until an evaluation is made of both the old ]~brary facility and Conmunity Center building at Oak Knoll Park. The City Manager noted that neither facility would be available for use during the next year. It ~as moved by Couecilman Harvey, seconded by Councilwoman Sonju and unanimously carried to receive and file the request by the Senior Citizens of Cypress. CONSIEERATICN OF CITY OiARTER ADOPTION: The City Manager presented a report dated August 22 ~ 1974 regarding adoption of a City charter. The Cornell discussed formation of a citizens' charter oommittee for the purpose of publicizing the charter and the Council recommended that individual menbets sulmuit names of appointees end that the oam,~ttee be advertised in the local news- papers. Councilman Harvey slso reconmended that provision be made in the charter which would provide City ccm~ission members a four year term of office ec~mencing from the date of appointment. Mayor Lacayo inquired if ar~one in the audience wished to speak in regard to the charter. There was no one wishing to speak. Following the Ccuncil's oonsideration of the charter document, it was moved by Councilwoman Frankiewich and seec~ded by Councilman Harvey to adopt the following Resolution by title cely, title as follows: RESOLbTION N0. 1526 A RESOLUTION OF ]~E CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A CHARTER. The motion was manimously carpled by the following roll call vote: AYES: NOES: ABSENT: 4 C0I~CILMEN: 0 COUNCILMEN: 1 COL~CILMEN: Frankiewich, Harvey, Sonju and Iacayo None Kanel It was moved by Councilwcman Scnju and seconded by Councilwc~an FPankiewich to establish a charter cu~,~jttee. The motion was unanimously caxmied by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILPEN: 0 COUNCII~EN: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo None Kanel ~9- City Council Minutes August 26, 1974 The Mayor added to the agenda a matter regarding the terms of City Council appointed ec~missicners. It was moved by Councilman Harvey, seconded by Councilwcmm Sonju and Lnan- imously carried to direct the staff to prepare an ordinance for the next m~eting providing fop appointment to any City cc~ssion for a period not to exceed four years eunme~eing frcrn the date of appoirf~nent. CONSIEERATION OF CHARTER RESOLUTIONS: The City Manager presented a report dated August 22, 1974 regarding a resolution authorizing City CoLmoil members to file a written argunent in favor of the char~er measure and a resolutic~ requesting the City Attorney to prepare an analysis of the proposed charter ~ahich will both he transmitted with sample b~]]ots. It was moved by Councilman Harvey and seconded by Councilwoman Sonju to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1527 A BESOLUTION OF qME CITY COUNCIL OF THE CITY OF CYPRESS CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR A CITY MEASURE. The motion kes unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: O ODUNCIiMEN: ABSENT: 1 COUNCILMEN: Ppankiewich, Harvey, Sc~ju and Iaoayo Ncne Kanel It was moved by Councilman Harvey and seconded by Councilwoman Sonju to adopt the following Resolution by title only, title as follows: RESOLUrION NO. 1528 A RESOLUTION OF 1ME CITY COUNCIL OF THE CITY OF CYPRESS, CALIFOI~IA, DIRECTING THE CITY CIZRK TO TRANSMIT A COPY OF THE PROPOSED CITY CHARTER TO ~ CITY ATTORNEY FOR THE PREPARATION OF AN IMPARTIAL ANALYSIS THEREOF. The motic~ was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo None Kanel CONSIIERATIC~ OF CITY OF CYPRESS TAX RATE: The City Manager presented a report frcra the Finance Director dated August 21, 1974 which rec~mLanded that the curTent $.95 tax rate he maintained for the 197~-75 fiscal year. The Mayor ordered that the following Ordinance be read by title c~ly, title as follows: ORDINANCE NO. 537 AN ORDINANCE OF ~HE CITY COUNCIL OF THE CITY OF CYPRESS FIXING THE ML~ICIPAL TAX RATE FOR THE FISCAL YEAR 1974/75. It was moved by Councilwoman Sonju and secc~ded by Cotncilman Harvey to adopt Ordinance No. 537. The motion was manimously carried by the -10 - City Council Minutes AuguSt 26, 1974 following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Laeayo Ncne Kanel CONSIIERATION OF PLAMWING COM~ISSION'S ACTIONS ON CONDITIONAL USE FERMIT NO. 74-14~ FIRST WESTERN IEVELOPMENT COMPANY AND CONDITIONAL USE PERMIT NO. 74-18 ~ PATSY MORGAN: The City Manager presented a report frcm the Planning Director dated August 22, 1974 which transmitted staff reports and a report cn the Planning Ccmmission's action in regard to these two matters. Councilman Harvey indicated that his echoere regarding the condominium project of First Western Development w~s with the proposed encroachment into the required setback adjacent to single-family houses and the possible lack of privacy. Councilwoman Frankiewich indicated she was concerned with the City Code requirements regarding density in multiple- family zones. It was moved by Councilnmn Harvey and seconded by Comcilwcman Frankiewich to appeal the decisic~ of the Planning Cc~ssion regarding Conditicnal Use Permit ~74-14 for the purpose of the City Council considering the 32 foot setback of me individual mit in the oondominiun project. The motion was Unanimously taxtied by the following roll call vote: AYES: 4 COL~CILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Iacayo Ncne Kanel CoUncilwcman Frankiewich stated her conoern regarding the pre-school develop- ment was with the fencing requirements and privacy of adjaoent single- family hemeownere. It was moved by Comcilwc~an Frankiewich and seconded by Mayor lacayo to appeal the decisicn of the Planning Commission regarding Conditional Use Permit #7~-18. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Iacayo None Kanel CONSIEENATION OF CYPRESS RECREATICN AND PARK DISTRICT TAX RATE: The City Manager presented a report from the Finance Director dated August 20, 1974 which recommended establishment of a $. S0 tax rate for the 1974/75 fiscal year for ~e Cypress Recreation and Park District. It w~s moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resoluticn by title only, title as follows: RESOLUTION NO. 46 A RESOLUTION OF ~ CI1Y COUNCIL OF 1HE CIIY OF CYPRESS, EX OFFICIO BOARD 0F DIRECTORS OF YHE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF 1HE Ci~IY OF CYPRESS, FIXING ~HE GENERAL AND SPECIAL TAX RATES IN SAID DISTRICT FOR THE FISCAL YEAR 1974/75. The motion was tmanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COhNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Iacayo None Kanel -11- City Council Minutes August 26, 1974 CONSIIERATION OF PARK BOND IEBT SERVICE TAX RATE: The City Manager presented a report from the Finance Director dated August 20, 1974 recommending adoption of a $.15 debt service tax rate for the Recreation and Park District. The debt service tax rate is established in Resoluticn No. 46. It was moved by Councilwcman Frankiewich and seconded by Councilwcman Sonju that the City Cornoil, acting as the ex officio Board of Directors of the Cypress Recreatim and Park District, adopt a tax rate for Park Bond Debt Service of fifteen cents ($0.15) per $100 assessed valuation for the 1974-75 fiscal year by adopting Resolution No. 46. The motion was ~manimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Laeayo None Kanel CONTINUATION OF CONSIIERATION OF JAPANESE PRIVET TREES: The Recreation and Park Director presented an oral report and cautioned the City Cotmoil frcm taking quick action by removing the Japanese Privet from the City's adopted list of trees. He reported that the primary use of the Japanese Privet is as a street tree and he outlined desirable characteristics of the tree. He recommended that the Council withdraw its previous action and direct the staff to review the list of trees a~d reconmend those trees which should be deleted from the list. It ms moved by Comcilwoman Sonju, seconded by Co~mci]mmn Harvey and mqani- mously carried to approve the staff is reconmendation regarding the Japanese Privet trees. ORAL COF~jNICATIONS: Mr. Howard Rowen, 8831 Shirl, Cypress, requested a copy of Councilwoman Sonju' s statement regarding campaign funds. Mayor Iacayo declared the meeting adjourned at 9:10 p.m. OR 0FJ -12-