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Minutes 74-10-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 28, 1974 The regular meeting of the Cypress City Council was called to order at 4:20 p.m. on Monday, October 28, 1974 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: ABSENT: Councilmen Frankiewich, Kanel and Lacayo Councilmen Harvey and Kanel Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following members of the City Staff: Bryant, Charkow, Dunlap, Grant, Hawley and Schatzeder. COUNCILMAN HARVEY ARRIVED AT 4:21 P.M. ADJOURNMENT: Mayor Lacayo adjourned the meeting at 4:21 p.m. to the Employees' Lounge of the Cypress City Hall for the purpose of conducting a joint meeting with the Chamber of Commerce° CALL TO ORDER: Mayor Lacayo called the meeting back to order at 4:30 p.m. in the Employees' Lounge with all Councilmen except Councilwoman Sonju present. Also present were the following members of the Chamber of Commerce Board of Directors: Alex Bell, Andrew Lachina, Henry Livingston, Darrell Zdarstek, and Chamber Manager Daryle Ellwart. Chamber President Lachina presented a report outlining the chamber's budget needs for the 1974-75 year and indicated a breakdown of budget items would be presented in a formal report in December. He discussed last year's projects and felt significant accomplish- ments were made with the Lincoln Avenue Study Coramittee and Harvey Property Committee task force. He stated a formal report on the Harvey property development would be submitted within the next few weeks. The Council discussed the responsibility of the Chamber in solici- ting business and asked that the Chamber reevaluate its policy so that it might become more actively involved. They also requested that the Chamber voice its opinions, like other citizen groups, regarding economic development and that the Chamber Manager regu- larly attend Council meetings. The Council asked for the Chamber's views on the Harvey property development, the triangular property inthe southeast portion of the City, and the initiative proposal. RECESS: Mayor Lacayo recessed the meeting at 5:50 p.m. p.m. in the City Council Chambers. CALL TO ORDER: until 7: 30 Mayor Lacayo called the regular meeting of the Cypress City Council back to order at 7:35 p.m. with the following Councilmen present: PRESENT: ABSENT: Councilmen Frankiewich, Harvey, Kanel and Lacayo Councilwoman Sonju Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following members of the City Staff: Bryant, Charkow, Duke, Dunlap, Grant, Hawley and Schatzeder. City Council Minutes October 28, 1974 PLEDGE OF ALLEGIANCE: Councilman Harvey led the pledge to the flag. FILM PRESENTATION OF RECREATION & PARK ACTIVITIES FOR SUMMER QUARTER: Administrative Assistant Van White and Recreation Department employee Tom Moore presented a film on the progress of parks development and on summer programs offered by the Recreation and Park District° RECESS: Mayor Lacayo called for a recess at 8:00 p.m. The meeting was called back to order at 8:05 p.m. with all except Councilwoman Sonju present. Mayor Lacayo announced that the City Council had held a joint meeting with the Cypress Chamber of Commerce during the afternoon session and would be holding another meeting in the near future regarding renewal of the Chamber's contract and its budget for the coming year. At the City Manager's request, the Mayor placed Item No. 20 on the agenda regarding the purchase of two Police Department vehicles. Councilman Harvey indicated that the staff, in cooperation with the Chamber of Commerce, had prepared a presentation from the Lincoln Avenue Study Committee for a joint meeting with the Council and Planning Commission on November 12. He requested that the Council consider holding a special meeting November 18 to hear the report since all Council members would not be able to attend the November 12 meeting. At Councilwoman Frankiewich's request, the Mayor placed Item No. 8a on the Consent Calendar regarding a proclamation for "Youth Appreciation Week." At Councilman Kanel's request, the Mayor placed Item No. 2] on the agenda regarding regulation of obscene publications. Councilwoman Frankiewich inquired about the status of the street sweeping problem and resnlt of the newsletter' poll and the staff indic~ted it wo~lld prepare a report for the next meeting on the newsl~'tter survey and also on the result of the November 5 La Palran election regarding the overnight parking restriction ballot proposal. ORAL (fOMMUNICATIONS: There was no one wishing to address the Council at this time. MINUTES: It was moved by Councilman Harvey, seconded by Councilwoman Frank- iewich and unanimously carried to approve the October 15, 1974 minut. es. CONSENT CALENDAR: Mayor Lacayo announced that all items listed on the Consent Calendar were to be considered by the Council as tontine and enacted by one motion approving the recommendation on the agenda. He [nquired i[ any Council member wished to remove an item. At ColIUC j ]man Harvey ' s request, Item Nos. 1, 2, and 7 were removed from the C<,nsent Calendar. It was moved by Councilwoman Frankiewich, seconded by Councilman Kane] and unanimously carried to approve the Consent Calendar with the deletion of Item Nos. 1, 2, and 7. In regard to Item No. 1, consideration of a communication from the Orange County Citizens for Proposition 15 requesting City Council endorsement, Councilman Harvey stated he was not aware of the content of proposition 15 to support it on public record. It was moved by Councilman Harvey, seconded by Connci]woman Frank- iewich and unanimously carried to receive and file Item No. 1. -2- City Council Minutes October 28, 1974 In regard to Item No. 2, consideration of a request to use the City of Cypress as a Co-amicus in the Case of HFH, Ltd. v. Superior Court (City of Cerritos, Real Party in Interest); Von's Grocery Company v. Superior Court (City of Cerritos, Real Party in Interest), 2d Civil Noso 44246 and 44247 - Inverse Condemnation Arising Out of Rezoning, and following a clarification of the lawsuit by the City Attorney, it was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously carried that the City Council authorize the City Attorney to notify the City of Cerritos that the City of Cypress can be named as co-amicus in the subject lawsuit with the understanding that the City's position of support is only philosophical and is not in support of the specific case. In regard to Item No. 7, consideration of a request from the International Meditation Society to Proclaim the week of November 10 - 16, 1974 as "World Plan Week, 1974," Mr. Brent Marquette, of the Orange County International Meditation Society, discussed the Society's activities and aims. Councilman Harvey indicated he would abstain from taking action since he was unfamiliar with the Societyo It was moved by Councilwoman Frankiewich, seconded by Councilman Kanel and carried, with Councilman Harvey abstaining, to approve the proclamation from the International Meditation Society to Proclaim the week of November 10 through 16, 1974 as "World Plan Week, 1974". Item No~l 3: Consideration of Acceptance of Improvements, Denni Street from Orange Avenue to 360' south of Ball Road, City of Cypress Project #7402-10-0687. Recommendation: That the City Council accept the public improve- ments on Denni Street from Orange Avenue to 360' south of Ball Road, Project #7402-10-0687 as being satisfactorily completed and authorize the City Clerk to release the labor and material bond 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 guarantee providing no defects in material or workmanship become evident. Item No. 4: Consideration of Acceptance of Supply and Planting, Denni Street from Ball of Ball Road, Project #7434-90. Improvements, Tree Road to 1400' north Recommendation: That the City Council accept the tree supply and planting improvements on Denni Street, Project #7434-90, as being satisfactorily completed and authorize the City Clerk to release the labor and material bond 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 guarantee providing no defects in material or workmanship become evident. Item No. 5: Consideration of an Application for a Private Patrol Permit - Mid-Cities Private Patrol, 13913 McNab Street, Bellflower, California. Recommendation: That the City Council grant the permit as requested by Mid-Cities Private Patrol. Item No. 6: Consideration of a Request from the Southern Calif- ornia Community Artists Organization to Proclaim the month of November, 1974 as "Cultural Arts Month" in the City of Cypress. -3- City Council Minutes October 28, 1974 Recommendation: That the Mayor and City Council proclaim the month of November, 1974 as "Cultural Arts Month" in the City of Cypress. Item No. 8: Consideration of Certification of Employment List - Stenographer. Recommendation: That the City Council certify the employment list for the position of Stenographer. Item No. 8a: Consideration of a Request from the Cypress-Hawaiian Gardens Optimist Club to Proclaim November 11 17, 1974 as "Youth Appreciation Week" in the City of Cypress. Recommendation: That the Mayor week of November 11 through 17, Week" in the City of Cypress. and City Council proclaim the 1974 as "Youth Appreciation CONTINUATION OF CONSIDERATION OF APPLICATION FOR CATV FRANCHISE: The City Manager presented a report from the Public Works Director dated October 21, 1974 which recommended that this matter be con- tinued until all necessary information is submitted by the appli- cant. With the consent of the Council, the Mayor announced the CATV franchise application would be tabled. CONTINUATION OF CONSIDERATION OF DEVELOPMENT OF "GOOD NEIGHBOR PROGRAM": The City Manager presented a report from the Admin- istrative Coordinating Team dated October 24, 1974 and requested a continuance of this matter to the November 25 Council meeting. Hearing no objections, Mayor Lacayo continued consideration of the Good Neighbor Program to November 25, 1974. CONTINUATION OF CONSIDERATION OF LOCAL AGENCY FORMATION COMMISSION'S ACTION ON STANTON ANNEXATION: The City Manager presented a report dated October 24, 1974 which indicated that LAFCO had continued consideration of the spheres of influence of the Cities of Cypress and Stanton until such time as all five commissioners are present and to allow the City of Cypress to reach an agreement with the property owners and developer regarding the proposed development which would resolve the question of the spheres of influence. The City Manager indicated that he had informed LAFCO of the Council's previous action of denying without prejudice the condo- minium application since the Council felt this would directly affect the surrounding Harvey property which was, at that time, the subject of public hearings before the Planning Commission. He reported that the City of Stanton had approved the preannexa- tion zoning for the application. Councilman Kanel expressed concern that the residential development would intrude into the surrounding industrial zoned property and Councilwoman Frankie- wich reported that the application had also been filed with the County. COUNCILWOMAN SONJU ARRIVED AT 9:20 P.M. RECESS: Mayor Lacayo called for a recess at 9:20 pomo The meeting was called back to order at 9:25 p.m. with all Councilmen present. -4- City~C~nci~ Minutes October 28, 1974 It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to receive and file the information received from LAFCOo Councilman Kanel stated that the Chamber of Commerce would be presenting a formal report regarding the Harvey property and he would like to postpone this matter until the Harvey question is resolved. Councilmen Harvey and Lacayo spoke in opposition to the motion and stated if the City does not take affirmative action it will have no control over development standards. Councilman Kanel withdrew the motion and Councilwoman Frankiewich withdrew the second. It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich that the City Council request of LAFCO that the spheres o£ influence which have been in effect be maintained, indicate that the City strongly objects to changing the sphere of influence of the subject property to another City, and that the City adopt and forward to LAFCO a resolution indicating its opposition to the possible intrusion into the City's industrial zoned property. Councilmen Harvey, Sonju and Lacayo spoke in support of conducting public hearings in order to hear public testimony regarding the property and felt this action would carry more weight than taking a position in support of the Council's previous action° Council- man Kanel stated he would like the matter referred to LAFCO and acted on by the Commission within 90 days and he felt it was an inappropriate time for a General Plan amendment since there would be more public discussion on the Harvey property. The motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 3 COUNCILMEN: 0 COUNCILMEN: Frankiewich and Kanel Harvey, Sonju and Lacayo None Councilman Harvey stated for the record that, in regard to the motion he was about to make so that some are not mistaken by the intent, he felt public hearings on this issue are a mechanical means of bringing the matter before the public and City Council to accept testimony on the specific issue after which the Council will make a decision regarding the matter. It was moved by Councilman Harvey and seconded by Mayor Lacayo that the City Council initiate an amendment to the Land Use Element of the General Plan changing the land use designation of the subject property from industrial to residential. Councilman Harvey stated he felt it was important that the City and not LAFCO was making the decision regarding the property and he felt the welfare and interests of the entire City as opposed to special interest groups should be considered. Councilman Kanel stated he would vote against the motion in that, if hearings are held and the application is denied, it will be a repetition of the Council's actions. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILMEN: Harvey, Sonju and Lacayo Frankiewich and Kanel None -5- City Council Minutes October 28, 1974 The Planning Director indicated that the earliest date for a public hearing on this matter before the Planning Commission would be December 5. RECESS: Mayor Lacayo called for a recess at 10:20 p.m. The meeting was called back to order at 10:25 p.m. with all Councilmen present. MAYOR LACAYO LEFT THE MEETING AT 10:25 P.M. In the absence of the Mayor, Mayor Pro Tem Sonju assumed chair- manship of the meeting. CONTINUATION OF CONSIDERATION OF AN ORDINANCE REGARDING CAMPAIGN EXPENDITURE LIMITATIONS: The City Manager presented a report dated October 24, 1974 which recommended continuance of this matter to the November 12 meeting at which time a draft ordinance will be submitted by the City Attorney° It was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously carried to continue consideration of the ordinance relating to campaign expenditure limitations to November 12, 19740 CONSIDERATION OF PRELIMINARY REPORT BY THE CITY ENGINEER FOR CITY OF CYPRESS LIGHTING DISTRICT ~2: The Public Works Director summarized a report dated October 18, 1974 which transmitted the preliminary report and resolutions necessary for the levying and collecting of assessments to pay for the construction, opera- tion and maintenance of the district for 1976. The Public Works Director outlined several suggestions to reduce energy consumption and costs and discussed establishment of the tax rate for the District which will be set as a final rate in July, 1975. Mr. James Sumrow, Area Manager for the Southern California Edison Company, 6692 Beach, Buena Park, California, stated the Edison Company filed for a 21% rate increase to be effective in mid 1976 and that hearings on this would begin in January, 1975. In response to Councilman Harvey, Mr. Sumrow stated there was more government intervention regarding the possibility of nationalizing utility services in east coast cities° It was moved by Councilwoman Frankiewich and seconded by Council- man Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1539 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVING THE PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 1533 OF SAID COUNCIL. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, Harvey, and Sonju NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Kanel It was moved by Councilwoman Frankiewich and seconded by Council- man Kanel to adopt the following Resolution by title only, title as -6- City Council Minutes October 28, 1974 follows: RESOLUTION NO. 1540 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS, TO BE INSTALLED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF SIX (6) YEARS BEGINNING JANUARY 1, 1976, WHICH STREET LIGHTING SYSTEM IS KNOWN AS CYPRESS LIGHTING DISTRICT NO. 2. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Sonju NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Harvey, Kanel It was moved by Councilwoman Frankiewich and seconded by Council- man Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1541 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT REFERRED TO IN RESOLUTION OF INTENTION NO. 1540 AND DIRECTING THE CITY CLERK OF SAID CITY OF CYPRESS, CALIFORNIA, TO GIVE NOTICE OF SAID HEARING. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Sonju NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Harvey, Kanel CONSIDERATION OF ADDITIONAL APPROPRIATION FOR THE MONTHLY REFUSE DUMPING PROGRAM: The City Manager presented a report from the Public Works Director dated October 28, 1974 which requested an additional appropriation to cover the cost of bin rental for the refuse dumping program. He reported that, because of the popularity of the program, the funds budgeted were used for bin rental during the first four months of the program. He indicated that license numbers of cars would be checked only occasionally to determine if the service is being misused by non-residents. It was moved by Councilwoman Frankiewich and seconded by Council- man Kanel to appropriate $2,720.00 from the fund balance of the General Operating Fund to Account #222.07.203 - Refuse Dumping Program for trash bin rental. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Sonju NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Harvey, Kanel CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS #36636 - 36824: It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to approve the Commercial Warrant -7- City Council Minutes October 28, 1974 List for Warrants #36636 through 36759 in the total amount of $1,000,964.00 and the List for Warrants #36760 through 36824 in the total amount of $708,494.69. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Sonju NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Harvey, Kanel CONTINUATION OF CONSIDERATION OF PROHIBITION OF PRIVATE ORGANIZA- TIONS CHARGING ADMISSION FEES TO ACTIVITIES ON PUBLIC PARK LAND: The City Manager presented a report from the Recreation and Park Director dated October 17, 1974 which outlined the policies of several County cities concerning the charging of admission or donation~ by private groups and youth leagues for activities on public park land. Councilman Kanel recommended that the words "which shall not unreasonabiy be withheld" be added to the recommendation. It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich that the City Council establish a policy that no private organization may charge admission fees for activities on public park land, with the exception of non-profit community organizations wishing to ask donations, as long as that donation is not a required fee to enter the activity and has received prior approval by the Director of Recreation and Parks which shall not unreasonably be withheld. It was moved by Councilwoman Frankiewich and seconded by Council- woman Sonju to amend the motion to state that 5% of the gross receipts be recouped by the Recreation and Park District to help defray the preparation cost for special tournaments. The motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Frankiewich and 8onju Harvey and Kanel Lacayo The original metion carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Sonju NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Harvey, Kanel CONTINUATION OF CONSIDERATION OF CYPRESS RECREATION & PARK DISTRICT SPONSORING THE CALIFORNIA CAVALRY YOUTH BAND OF CYPRESS: The City Manager presented a report regarding this matter from the Recreation and Park Director dated October 24, 1974 and requested that the matter be continued to the November 12 meeting until the information requested from the Band is submitted. It was moved by Councilwoman Frankiewich and seconded by Council- man Kanel to continue consideration of sponsorship of the Calif- ornia Cavalry Youth Band to the November 12 meeting. The motion w~s unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Sonju NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Harvey, Kanel CONTINUATION OF CONSIDERATION OF DOG PROBLEM ON PUBLIC PARKS: The City Manager presented a report from the Recreat'ion and Park Director dated October 28, 1974 regarding dog control on public parks. -8- City ~o'u~cil Minutes October 28, 1974 It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich that the City Council ratify the recommendation of the Recreation and Park Commission and direct the City Attorney's office to draft an ordinance to be adopted pertaining to dog control on any public park and other public property, particularly with re£erence to defecation thereon. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, Harvey, and Sonju NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Kanel CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS #215-223 AND 3662-3715: It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to approve the Recreation and Park District Commercial Warrant List for Warrants #215 through 220 and 3662 through 3699 in the total amount of $1,347,798.21 and the List for Warrants #3700 through 3715 and 221 through 223 in the total amount of $520,244.30. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Sonju NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Harvey, Kanel CONSIDERATION OF PURCHASE OF POLICE VEHICLES: The Finance Director requested Council authorization for the staff to obtain informal bids for the p~lrchase of two Police Department vehicles. He reported that this would eliminate the need for extensive repairs to keep the cars operational while formal bids are being solicited. It was moved by Councilman Harvey and seconded by Councilwoman Sonju to authorize the staff to seek informal bids for the purchase of two vehicles to be used by the Police Department. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Sonju NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Harvey, Kanel CONSIDERATION OF REGULATION OF OBSCENE PUBLICATIONS: Councilman Kanel strongly recommended that the City adopt some type of reg- ulation of offensive or obscene publications, particularly those displaying nudity, sold on newsstands and store counters which are easily visible to young children and unwilling adults. The City Attorney advised that the City may have difficulty in res- tricting the sale of publications in private establishments but newsstands located in the public right of way would be under its jurisdiction. It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to direct the City Attorney to prepare information in the form of an ordinance regarding the regulation of publica- tions considered to be obscene to minors located on newsracks in public areas. The motion was unanimously carried by the fol- lowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Kanel and Sonju None Lacayo -9- City Council Minutes October 28, 1974~- ORAL COMMUNICATIONS: Councilwoman Sonju inquired if anyone in the audience wished to speak in regard to any matter not on the agenda. There was no one wishing to speak. EXECUTIVE SESSION: Councilwoman Sonju called for an Executive Session at 11:25 p.m. to discuss matters of personnel. The meeting was called back to order at 11:40 p.m. with all Councilmen, except Mayor Lacayo, present. ADJOURNMENT: It was moved by Councilwoman Sonju, seconded by Councilwoman Frankiewich and unanimously carried to adjourn the meeting at 11:40 p.m. MAY ~ Y ATTEST: CITY CLEI~K OF' THE CFrY OF CYPRESS -10-