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Minutes 74-09-23MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 23, 1974 The regular meeting of the Cypress City Council was called to order at 4:15 p.m~ on Monday, September 23, 1974 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, Mayor Otto Lacayo presiding. PRESENT: Councilmen Frankiewich, Harvey, Kanel and Lacayo ABSENT: Councilwoman Sonju Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following members of the City Staff: Bryant, Dunlap, Grant, Hawley, and Sohatzeder. With the consent of the Council, Mayor Lacayo placed Item No. 7a on the Consent Calendar regarding a resolution of commendation for former Arts and Cultural Commission member Carma A. Case. Mayor Lacayo presented to Mrs. Carma Case a resolution of commendation and community service plaque in recognition of her contributions to the community and participation on the Arts and Cultural Commission. Councilwoman Frankiewich requested that the staff investigate the possibility of printing Council staff reports on both sides of the paper and report back to the Council. CONSIDERATION OF AWAR]) OF CONTRACT FOR PURCHASE OF ONE 1974, NEW~ CO~ACT PL-620 DATSUN PICK-UP TRUCK~ REQUEST FOR QUOTATION #7475-4: The City Manager presented a report from the Finance Director dated September 13, 1974 and reviewed the three bids received for the pick-up truck. The Council requested that, in future reports, equipment be identified by the budgetary line-item number as established by the Finance Director. It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to authorize a budgeted transfer from the General Fund to the General Operating Fund in the amount of $525.00 and appropriate $525.00 from the fund balance of the General Operating Fund to Account 90-69848-341 and determine that Dick Barbour Datsun is the lowest responsible bidder and award the contract to him in the amount of $3,023.65. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, NOES: 0 COUNCILMEN: None ABSENT: i COUNCILMEN: Sonju Harvey, Kanel and Lacayo CONSENT CALENDAR: Mayor Lacayo announced that all items listed on the agenda under "Consent Calendar" were to be considered by the City Council as routine and enacted by one motion approving the recommendation listed on the agenda. No Council member wished to remove an item and it was moved by Councilwoman Frankiewich, seconded by Councilman Kanel and uDanimously carried to approve Item Nos. 2 through 7a on the Consent Calendar. Cit~.ncil Minutes September 23, 1974 Item No. 2: Consideration of a Resolution from the Orange County Board of Supervisors Establishing Thursday, October 24, 1974 as "Economic Outlook Day." Recommendation: That the Mayor and City Council proclaim Thursday, October 24, 1974 as "Economic Outlook Day." Item No. 3: Consideration of Request from the American Legion Auxilliary Unit #295 to Proclaim the Week of October 27-November 2, 1974 as "Teacher Recognition Week." Recommendation: That the Mayor and City Council proclaim the Week of October 27-November 2, 1974 as "Teacher Recognition Week." Item No. 4: Consideration of a Resolution from the City of Costa Mesa Designating the Week of September 21-26, 1974 as "California General Aviation Week." Recommendation: That the Mayor and City Council proclaim the week of September 21-26, 1974 as "California General Aviation Week." Item No. 5: Consideration of Extension of Employment List for the Position of Buyer/Storekeeper. Recommendation: That the City Council authorize a thirty day extension of the employment list for the position of Buyer/Storekeeper. Item No. 6: Consideration of Request for an Exemption from a Special Permit for the Purple Heart Veterans Rehabilitation Services, Inc. Recommendation: That the City Council grant the request of the Purple Heart Veterans Rehabilitation Services, Inc. to solicit home salvage items on a determination in accordance with Section 15-57 A (1)(b) of the Cypress City Code, subject to the condition that all persons associated with the soli- citation program register with the Cypress Police Department. Item No. 7: Consideration of Claim Submitted by Mr. William Nymann. Recommendation: That the City Council officially deny the claim of Mr. William Nymann and request the City Manager to refer the matter to the City's insurance carrier for the appropriate disposition. Item No. 7a: Consideration of Resolution of Commendation for Arts and Cultural Commissioner Carma A. Case. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1531 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MRS. CARMA ARLENE CASE FOR HER OUTSTANDING CONTRIBUTIONS TO THE CYPRESS COMMUNITY. CONTINUATION OF CONSIDERATION OF APPLICATION FOR CATV FRANCHISE: The City Manager presented a report from the Public Works Director dated September 16, 1974 which requested an extension of time to allow the staff to complete its report on the cable television franchise application submitted by Ken Downes/Associates. -2- City Council Minutes September 23, 1974 Hearing no objections, Mayor Lacayo continued this matter to the October 28, 1974 City Council meeting. CONSIDERATION OF COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES REQUESTING A COUNCIL DESIGNATED VOTING REPRESENTATIVE AND AN ALTERNATE FOR THE ANNUAL LEAGUE OF CITIES CONFERENCE: The City Manager presented a report dated September 19, 1974 re- garding this matter. There being no objections, Mayor Lacayo appointed himself as the voting representative and Councilman Harvey as the alternate for the Annual League Conference to be held in Los Angeles October 20 through 23, 1974. CONSIDERATION OF EXERCISING LOCAL AUTHORITY IN IMPLEMENTING THE PARKING MANAGEMENT REGULATIONS OF THE EPA TRA]~P'0~ CUN'I'~UL PLAN: 'i've City Manager presented a report flared ~ep- zemner 19; 1974 which recommended that the City request dele- gation of authority to review local parking facilities which would be affected by the EPA parking management regulations. It was moved by Councilman Kanel, seconded by Councilwoman Frankiewich and unanimously carried to authorize the City Manager to request the Federal Environmental Protection Agency to allow the City of Cypress to exercise the review and decision making authority in enforcing the EPA parking management reg- ulations. CONSIDERATION OF KNUDSEN PROPERTY (COMPTON), AP#244-451-23, PROJECT #7525-90: The City Manager presented a report dated September 16, 1974 which outlined negotiations and costs involved in the acquisition of a parcel of property at 5392 Wicker Drive. It was moved by Councilman Harvey and seconded by Councilman Kanel to authorize the acquisition of property at 5392 Wicker Drive, AP#244-451-23, as outlined in the staff report. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Harvey, Kanel and Lacayo It was moved by Councilman Harvey and seconded by Councilman Kanel to appropriate $21,000 from the General Fund to the General Operating Fund Account #90-65338-600. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Kanel and Lacayo The Mayor placed on the agenda consideration of a resolution accepting a grant deed for the Knudsen (Compton) property. It was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1532 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING A CERTAIN GRANT INTEREST IN REAL PROPERTY. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Kanel and Lacayo -3- Ci~'I~ncil Minutes September 23, 1974 At Councilman Harvey's request, the Mayor directed the City Manager to arrange a meeting between Mr. Cedric White, appraiser for the subject property, and the City Council and Planning Commission, possibly for the next quarterly meeting, to allow Mr. White to make a presentation regarding the appraisal process. CONSIDERATION OF CITY OF CYPRESS LIGHTING DISTRICT #2~ AD VALOREM ASSESSMENT FOR CALENDAR YEAR 1976: The City Manager presented a report from the Public Works Director dated Sep- tember 18, 1974 requesting that the Council authorize the City Engineer to prepare a preliminary report, including assessments to be levied and collected on an ad valorem basis, on the Cypress Lighting District #2 for the years 1976 through 1982. It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1533 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY ~NGINEER TO PREPARE A MAP, PLANS, SPECIFICATIONS, ESTIMATE AND PRELIMINARY REPORT, PURSUANT TO THE PROVISIONS OF DIVISION 14, PART I, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET LIGHTING ACT OF 1919", FOR THE INSTALLATION OF, THE FURNISHING OF ELECTRIC CURRENT FOR, AND THE MAINTENANCE OF A STREET LIGHTING SYSTEM IN SAID CITY FOR A PERIOD OF SIX (6) YEARS, BEGINNING JANUARY 1, 1976 AND ENDING JANUARY i, 1982. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, NOES: 0 COUNCILMEN: None ABSENT: i COUNCILMEN: Sonju Harvey, Kanel and Lacayo CONSIDERATION OF APPROPRIATION FOR COST OF STREET IMPROVEMENTS ON CERRITOS AVENUE~ PROJECT #7521-10: The City Manager presented a report dated September 16, 1974 from the Public Works Director requesting payment for street improvements on a portion of Cerritos Avenue which construction was undertaken by the City of Anaheim. It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to authorize a budgeted transfer from 2106 Gas Tax Funds to the General Operating Fund and appropriate $1,230.36 from the Fund Balance of the General Operating Fund to Account #10-42921-186 and authorize a payment of $1,230.36 to Covington Brothers, P. O. Box 3128, Fullerton, California, 92634, for the City of Cypress' portion of the Cerritos Avenue improvements west of Knott. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Kanel and Lacayo CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS #36421-36473: It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to approve the Commercial Warrant List for Warrants No. 36421 through 36473 in the total amount of $396,036.39. The motion was unanimously carried by the -4- City Council Minutes September 23, r~7~ ~, following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Kanel and Lacayo None Sonju CONSIDERATION OF PROHIBITION OF PRIVATE ORGANIZATIONS CHARGING ADMISSION FEES TO ACTIVITIES ON PUBLIC PARK LAND: The City Manager presented a report from the Recreation and Park Director dated September 17, 1974 which indicated that the Recreation and Park Commission recommended that the City Council adopt a policy prohibiting private organizations from charging ad- mission fees to spectators of activities on public park land in accordance with the City Attorney's opinion dated July 30, 1974 which advised that private organizations are not able to do so under state law. Considerable discussion was held regarding the proposed policy with the Council recommending that special provisions be con- sidered for League sponsored tournaments. The Council recommended that other county cities be contacted to find out their policies in this matter and whether they have received the City Attorney's opinion regarding their policies. The Council agreed to continue this matter to the October 28, 1974 meeting and direct the staff to prepare a modified policy giving special consideration to the use of parks by Leagues and to tournaments, with the possibility of the City receiving a portion of the proceeds if collected, and that the staff report on the policies of other Orange County cities and whether they were subject to review by their City Attorney. CONSIDERATION OF REQUIRING A UNIFORMED OFFICER AT ALL PRIVATE YOUTH LEAGUE TOURNAMENTS: The City Manager presented a report from the Recreation and Park Director dated September 17, 1974 which indicated the Recreation and Park Commission rec- ommended that the Council establish a policy to require that all private youth leagues sponsoring athletic tournaments be required to employ uniformed police security during the tournaments to deter possible fights and protect the safety of participants and spectators. The Council recommended that the police security personnel be sworn officers. It was moved by Councilman Kanel, seconded by Councilwoman Frankiewich and unanimously carried to establish a policy requiring that all private youth leagues sponsoring athletic tournaments be required to employ uniformed, sworn police security during tournament play. CONSIDERATION OF CYPRESS RECREATION & PARK DISTRICT SPONSORING THE CALIFORNIA CAVALRY YOUTH BAND OF CYPRESS: The City Manager presented a report from the Recreation and Park Director dated September 17, 1974 which indicated that the Recreation and Park Commission recommended that the California Cavalry Youth Band be sponsored by the Recreation and Park District and that funds be made available to the Band. The City Manager reported that the Arts and Cultural Commission, which had previously taken an interest in sponsoring the Band, requested that the City Council continue this matter until after the two Commissions have met to consider the Band's sponsorship. -5- City Council Minutes September 23, 1974 It was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously carried to table the matter regarding sponsorship of the California Cavalry Youth Band until the Recreation and Park and Arts and Cultural Commissions have held a meeting to consider the matter. The Council also requested that the staff review the by-laws of the California Cavalry Youth Band and prepare a report when the matter is presented for the Council's consideration. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 203-208 AND 3551-3573: It was moved by Councilwoman Frank- iewich and seconded by Councilman Kanel to approve the Recreation and Park District Commercial Warrant List for Warrants No. 203 through 208 and 3551 through 3573 in the total amount of $1,378,343.52. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Kanel and Lacayo None Sonju At Councilman Harvey's request, Item No. 27 was placed on the agenda regarding use of the former Nike base at Katella and Knott for a County regional park. Councilman Harvey inquired if Federal approval was given to developing a portion of the former Nike base as a regional park and he recommended that the Council support the City of Garden Grove's request that acreage be dedicated for the park. It was moved by Councilman Harvey, seconded by Councilwoman Frankiewich and unanimously carried that the City Manager communicate to the appropriate agencies the City Council's support of establishing a regional park on a portion of the former Nike base located at the southeast corner of Katella and Knott Avenue. At Councilman Kanel's request, the Mayor placed Item No. 28 on the agenda regarding consideration of Proposition A con- cerning the Orange County Transit District's sales tax proposal. EXECUTIVE SESSION: Mayor Lacayo called for an Executive Session at 5:45 p.m. for matters of personnel. The meeting was called back to order at 6:00 p.m. with all except Councilwoman Sonju present. RECESS: Mayor Lacayo recessed the meeting at 6:00 p.m. until 7:30 p.mo CALL TO ORDER: Mayor Lacayo called the regular meeting of the Cypress City Council back to order at 7:35 p.m. in the Cypress City Council Chambers with the following Council members in attendance: PRESENT: ABSENT: Councilmen Frankiewich, Harvey, and Lacayo None Kanel, Sonju -6- City Council Minutes September 23, 1974 Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following members of the City Staff: Bryant, Dunlap, Grant, Hawley, Schatzeder and Shumard. PLEDGE OF ALLEGIANCE: The Public Works Director led the pledge to the flag. At the Mayor's request, the City Manager reviewed the Council's actions of the afternoon session. EXECUTIVE SESSION: Mayor Lacayo called for an Executive Session at 7:40 p.m. for matters of personnel. The meeting was called back to order at 8:00 p.m. with all Councilmen present. Mayor Lacayo announced that it was time to conduct the public hearings scheduled for 8:00 p.m. and he declared the following public hearings open and continued until after the Executive Session: CONTINUATION OF PUBLIC HEARING RE: APPEAL OF CON- DITIONAL USE PERMIT #74-14, FIRST WESTERN DEVELOPMENT, & TENTATIVE TRACT #8729. CONSIDERATION OF PUBLIC HEARING RE: APPEAL OF CON- DITIONAL USE PERMIT #74-18, WILLIAM & PATSY MORGAN. CONSIDERATION OF PUBLIC HEARING RE: ADOPTION OF ORDINANCE TO REQUIRE GROUND-FAULT CIRCUIT-INTERRUPTERS FOR SWIMMING AND WADING POOLS. EXECUTIVE SESSION: The Council resumed the Executive Session at 8:05 p.m. The meeting was called back to order at 8:40 p.m. with all Councilmen present. At this time the City Manager announced the appointment of Orbrey L. Duke as the new Cypress Chief of Police, effective October l, 1974 and he introduced Chief Duke. CONTINUATION OF PUBLIC HEARING RE: APPEAL OF CONDITIONAL USE PERMIT #74-14~ FIRST WESTERN DEVELOPMENT CO~ANY~ AND TENTA- TIVE TRACT MAP #8729: Mayor Lacayo reopened the public hearing and asked that the staff present its report. The Planning Director presented a report dated September 18, 1974 which indicated that the affidavits of publication, posting and mailing of the public hearing notice are on file in the City Clerk's office and no communications were received regarding this matter. Also transmitted was Staff Report PC#74-33 dated July 3, 1974 regarding the application to develop a 50-unit condominium project on the east side of Walker Street, north of Aspen Street. The Planning Director reviewed the Planning Commission's action in granting a variance from the 100 foot setback requirement for one condominium ~mit which was the subject of concern to the Council. Councilman Harvey outlined reasons why he requested the appeal and s~ated his concern was that the 32 foot setback from the propexty line of one condominium unit would create an invasion of privacy for the adjacent, southerly single-family house. -7- C~t ~ n Minutes ~ ~ e~l September 23, 1974 Mayor Lacayo inquired if anyone wished to speak in regard to this matter. Mr. Fred Kempf, 9745 Spruce Court, Cypress, indicated he would prefer a 100 foot setback and he felt the 32 foot setback would be an invasion of privacy. He stated that he had not opposed the 32 foot setback of the one unit from his property line at the Planning Commission hearing since the applicant had indicated a 32 foot setback along the entire length of the southerly boundary line might be requested and he did not want to jeopardize the 50 foot setback approved for the remaining southerly units. Mr. Jack Shine, representing First Western Development, 15130 Ventura Boulevard, Sherman Oaks, California, indicated that the actual physical separation of the two uses would not be as detrimental to the southerly property owners as it appeared since other factors, like the existing large trees and blank wall of the southerly condominium units, would prevent "visual access" and an invasion of privacy. Mr. Shine described amen- ities and design of the project. Dr. Marvin Stern, 6302 Lincoln Avenue, Cypress, stated he owned the southerly most parcel of property to be developed and that he felt there would be no interference of privacy for the single family homeowners because of the seven foot high wall on the southerly property line. Mayor Lacayo closed the public hearing. The hearing was reopened in order to allow the applicant to make a slide presentation. Mr. Shine presented slides of the physical layout, floor plans, elevations, architectural treatlnent, and design amenities of the condominium project. Mayor Lacayo closed the public hearing. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to uphold the appeal and modify Conditional Use Permit #74-14 to indicate the deletion of the most southerly unit, subject to the conditions of approval recommended by the Plan- ning Commission. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILNIEN: Frankiewich, Harvey, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Kanel, It was moved by Councilwoman Sonju and seconded by Councilman tlarvey to approve Tentative Tract Map #8729 to provide for 49 condominium units with the deletion of the most southerly unit. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Sonju and Lacayo None None RECESS: Mayor Lacayo declared a recess at 9:40 p.m. The meeting was called back to order at 9:53 p.m. with all Councilmen present. -8- City Council Minutes September 23,~1~74 CONSIDERATION OF PUBLIC HEARING RE: APPEAL OF CONDITIONAL USE PERMIT #74-18, WILLIAM & PATSY MORGAN: Mayor Lacayo re- opened the public hearing and asked that the staff present its report. The Planning Director presented a report dated September 18, 1974 indicating that the affidavits of publication, posting and mailing are on file in the City Clerk's office and no communications were received regarding this matter. Also trans- mitted was Staff Report PC#74-38 dated August 7, 1974 which described the proposed pre-school development at the northwest corner of Denni and Ball Road. The Planning Director reported that the main area of concern of the Planning Commission was in preserving the privacy of the two homeowners adjacent to the subject property and the Commission recommended that a minimum six foot high wall measured from the highest grade of the property be maintained to separate the two uses. Mayor Lacayo inquired if anyone wished to speak in regard to this matter. Mr. Tony Dragonetti, 4472 Via Linda, Cypress, requested that the applicant construct a two foot addition to the existing wall to protect his privacy. Mr. John Stanford, 4483 Via Linda, Cypress, stated he was opposed to the pre-school use of the property since he felt considerable noise would be generated by the children. He sta~od that he and his wife are invalids and that he would like the wall raised to at least 8 or 10 feet to protect their privacy. Mrs. Pat Morgan, the applicant, 17124 Ely Avenue, Cerritos, California, stated she contacted the two adjacent property owners and received their consent to the development prior to submitting the plans to the Planning Commission. She stated she was financially unable to construct a new 8-foot high wall but she would be willing to increase the height of the existing wall to 6 feet. She stated the placement of play equipment would be near the pre-school building and away from the property lines to minimize any disturbance by the children. Considerable discussion was held regarding the fence construc- tion with the two adjacent property owners and applicant agreeing to increase the height of the existing wall to 8 feet above the final grade of the property. The staff rec- ommended that the plans for the wall be approved by a registered engineer to ensure that the addition will be structurally sound. Mayor Lacayo closed the public hearing. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to approve the appeal and modify Conditional Use Permit #74-18 to include a condition that the height of the existing wall on the property boundaries be extended to 8 feet above the final grade of the property, that the plans be approved by a registered engineer, and that the placement of the play areas and equipment and type of shrubbery be reviewed by the two adjacent property owners, subject to the conditions of approval recommended by the Planning Commission, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Kanel, -9- City Council Minutes September 23, 1974 CONSIDERATION OF PUBLIC HEARING RE: ADOPTION OF ORDINANCE TO REQUIRE GROUNDFAULT CIRCUIT-INTERRUPTERS FOR SWIMMING AND WADING POOLS: The Mayor reopened the public hearing and re- quested that the staff present its report. The City Manager presented a report dated September 18, 1974 which indicated the affidavits of publication, posting and mailing are on file in the City Clerk's office and no communi- cations were received regarding this matter. The report rec- ommended the requirement of ground-fault circuit-interrupters for swimming and wading pools to eliminate the possibility of electrocutions. The Building Superintendent discussed the need for the require- ment of the ground-fault circuit-interrupters. Mayor Lacayo inquired if anyone wished to speak in regard to this matter. Mr. Donald Hudson, 6151 Lawrence, Cypress, inquired if a stand- ard plan could be made available instructing homeowners on the installation of the ground-fault circuit-interrupters and if ornamental ponds would be subject to the requirement. The staff stated that a standard plan would be developed to aid homeowners. No one else wishing to speak, the Mayor closed the public hearing. itearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 8-2 OF THE CYPRESS CITY CODE TO REQUIRE GROUND-FAULT CIRCUIT-INTERRUPTERS FOR SWIMMING AND WADING POOLS. It was moved by Councilwoman Frankiewich and seconded by Coun- cilwoman Sonju to approve the first reading of the Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Kanel, CONSIDERATION OF AN ORDINANCE ESTABLISHING TERMS OF COMMIS- SIONERS: 19, 1974 all City The City Manager presented a report dated September regarding an ordinance establishing the terms of commission members as four years. In discussing the ordinance, Councilman Harvey recommended that (b) under Section 2-23 be deleted which relates to the removal from office of Planning Commissioners by the appointing official, and that Section 2-2.22 be amended to provide that two years, rather than one, elapse before a commissioner or committee member may be reappointed, which would allow new City Council members an opportunity to make the appointments. With the consent of the Council, the Mayor ordered that the followin~ Ordinance be read by title only, title as follows: -10- City Council Minutes September 23, 1974 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 2 AND CHAPTER 16 OF THE CYPRESS CITY CODE ESTABLISHING THE TERMS OF THE MEMBERS OF COM- MISSIONS AND COMMITTEES. It was moved by Councilman tIarvey and seconded by Councilwoman Sonju to approve the first reading of the Ordinance as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Kanel, CONSIDERATION OF REPORT ON THE TRANSFER OF SCHOOL DISTRICT TERRITORY: The City Manager presented a report dated Septem- ber 19, 1974 which outlined the procedures to effect a transfer of territory located in the southern portion of the City from the Garden Grove Unified District to the Cypress Elementary School District and the Anaheim Union ttigh School District. It was moved by Councilwoman Sonju and seconded by Councilman Harvey that the information contained in the staff's report be transmitted to the homeowners associations now located within the Garden Grove Unified School District in Cypress to determine whether or not there is sufficient interest to initiate the required petition which commences proceedings to withdraw the area from the school district. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo None None Kanel, CONSIDERATION OF THE LOCAL AGENCY FORMATION COMMISSION'S POLICY REGARDING ANNEXATIONS: The City Manager presented a report dated September 19, 1974 which recommended that the City Council support the Commission's proposed policy of requiring property o~ers requesting annexations to special districts in County unincorporated islands to annex to a contiguous city. The City Manager reported that there would be few areas adjacent to the City of Cypress which would be directly affected by the policy. Councilman Harvey spoke in opposition to the policy since he felt it would interfere with property owners' rights by forcing them to annex into a city. Mayor Lacayo moved to receive and file the matter and then withdrew the motion. Councilmen Frankiewich and Lacayo spoke in favor of the policy stating that it would bring revenue into the City by requiring new' residents to pay for City services and would remove the unattractive appearance and other problems associated with County islands. It was moved by Councilwoman Frankiewich and seconded by Mayor City Council Minutes September 23, 1974 Lacayo to request the City Manager to notify the Local Agency Formation Commission of the City Council's support of the proposed Local Agency Formation Commission's policy to require all special district annexations to annex to the nearest con- tiguous city. Following further discussion, a substitute motion was made by Councilwoman Sonju and seconded by Councilman Harvey to receive and file the matter. The motion carried by the fol- lowing roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanel and Sonju Frankiewich and Lacayo None CONSIDERATION OF ZOO FEASIBILITY REPORT: The City Manager presented a report dated September 19, 1974 which transmitted a copy of the Zoo Feasibility Report prepared by the Admin- istrative CoordinatinK Team. Administrative Assistants Patrice Edwards and Dennis Davenport made a slide presentation and summarized the Zoo Feasibility Report, discussing available sites, costs, and design needs o~ the zoo facility~ Councilwoman Sonju requested that the matter be continued to allow her time to review the report in more detail~ It was moved by Councilwoman Sonju, seconded by Councilman Harvey and unanimously carried to continue consideration of the Zoo Feasibility Report to the October 14, 1974 meeting. CONSIDERATION OF SUPPORT FOR PROPOSITION A RE: TRANSIT DISTRICT SALES TAX PROPOSAL: Councilman Kanel spoke in favor of the City supporting Proposition A on the November ballot which would, with a one cent sales tax increase, provide funds to establish an expanded mass transportation system in the County as well as provide all cities with Dial-a-Ride service. It was moved by Councilwoman Sonju and seconded by Mayor Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1534 A RESOLUTION OF THE CITY COUNCIL OF ~IE CITY OF CYPRESS SUPPORTING PROPOSITION A ON THE NOVEMBER 5, 1974 BALLOT IN ORDER TO PROVIDE A HIGH QUALITY TRANSPORTATION PROGRAM IN ORANGE COUNTY. Councilman Harvey spoke in opposition to the sales tax increase stating he did not feel the mass transportation system would meet the needs of the County or that there was a need for Dial-a-Ride in the City of Cypress. He indicated that the sales tax increase would place an extra burden on all taxpayers without benefitring all segments of a community. The m~tion carried by the followin~ roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Lacayo NOES: I COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None Kanel, Sonju -12- City Council Minutes September 23, MINUTES: It was moved by Mayor Lacayo, seconded by Councilwoman Frankie- wich and unanimously carried to approve the City Council minutes o~ August 12, August 19, August 26 and September 10, 1974~ It was moved by Councilwoman Sonju, seconded by Councilman Harvey and unanimously carried to add Item No. 29 to the agenda regarding organization of the Charter Committee. The City Manager reported on responses received to the letter requesting citizen participation on the Charter Committee and he recommended that an organizational meeting be held Wednesday, October 2. The Council agreed to set October 2 as the meeting date of the Charter Committee at the Cypress City Council Chambers. ORAL COMMUNICATIONS: Mr. Donald Hudson, 6151 Lawrence, Cypress, requested clarifi- cation of certain provisions of the proposed City Charter regarding taxing limitations of the City and he inquired about the status of the City receiving a new fire rating. Mr. Hudson expressed concern about the upcoming community college district formation in the Garden Grove area which would prohibit Cypress residents in the southern part of the City from attending Cypress College. The City Attorney invited Mr. Hudson to contact his office regarding his questions on the City Charter and the City Manager stated he would investigate the matter of the City's fire rating and report back to the City Council. CONSIDERATION OF COMMISSION APPOINTMENTS: Mayor Lacayo an- nounced this matter would be considered in an Executive Session and the Council went into an Executive Session at 1:05 a.m. The meeting was called back to order at 1:50 a.m. with all Councilmen present. Mayor Lacayo announced the appointment of Ms. Deanna Walsh and Mr. Robert Van Allen to the Planning Commission. It was moved by Councilwoman Sonju and seconded by Council- woman Frankiewich to approve the Mayor's appointments of Ms. Walsh and Mr. Van Allen. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Lacayo NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None Kanel, Sonju Councilman Harvey stated for the record that the reason for his no vote was because of the manner in which the selections were made. The City Manager reported that the Orange County Health Plan- ning Council was in the process of changing its by-laws and was requesting the City Council to reaffirm ite appointment of Mrs. Vivian Van Allen. Hearing no objections, the Mayor directed the City Manager -13- September 23, 1974 to transmit a letter to the Orange County Health Planning Council reaffirming the City Council's appointment of Mrs. Vivian Van Alien to the Council. ADJOURNMENT: Mayor Lacayo adjourned the meeting at 2:00 a.m. ATTEST: -14-