Minutes 75-01-13MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
January 13, 1975
The regular meeting of the Cypress City Council was
called to order at 4:05 p.m. on Monday, January 13, 1975
in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Otto Lacayo presiding.
PRESENT:
ABSENT:
Councilmen Frankiewich, Harvey
Lacayo
Councilmen Kanel and Sonju
and
Also present were City Manager/City Clerk Darrell Essex,
City Attorney John Murphy, and the following members of
the City Staff: Charkow, Duke, Dunlap, Hawley, Schatzeder
and Warren.
At Councilman Harvey's request, the Mayor placed an
item on the agenda regarding a left-turn pocket on
Ball Road at Juanit~ Street.
It was moved by Councilman Harvey and seconded by Council-
woman Frankiewich to request the staff to investigate
by asking for a public opinion in the area regarding a
left-turn movement. The staff was also directed to
look into the possibility of limiting "No Parking"
restrictions on Fred Drive. The motion was unanimously
carried by the following roll call vote:
AYES
NOES
ABSENT:
3 COUNCILMEN:
0 COUNCILMEN:
2 COUNCILMEN:
Frankie~ich, Harvey
Lacayo
None
Kanel and Sonju
and
The Mayor placed Item No. 20b on the agenda regarding
sending a letter to the Governor suggesting the appoint-
ment of Arts and Cultural Commissioner, Sheila Ribman,
to the California Arts Commission.
The Mayor also placed Item No. 20c on the agenda regarding
consideration of a proclamation in recognition of the
Jaycees Movement.
The City Council discussed revisions to the Newsletter.
The Council, in directing their remarks concerning the
newsletter, requested the staff to advise all community
organizations that the City Council is not interested in
publicizing articles concerning controversial community-
wide issues. The City Council specifically indicated
that the CCA article be removed from the publication and
that officers of the CCA be advised that the article
originally submitted did not conform to criteria for the
newsletter.
The Mayor suggested that a statement of policy be issued
by the Council regarding the content of the newsletter
stating that the purpose of the newsletter would be for
defining the goals of an organization in the City and
not for political purposes. Hearing no objections,
the Mayor moved that the Council approve this statement
of policy.
Also concerning a newsletter article, Councilman Harvey
brought up the fireworks survey and suggested that the
language of the survey should be changed to incorporate
the existing situation.
City Council Minlltes
January 13, 1975
At Councilman Harvey's request, the May~r placed an item
on the agenda regarding a special issue of the newsletter
to be developed and published between the February and
June issues for discussion of the total financial areas
of the City. The Mayor suggested that an article be
included in the next newsletter explaining the composi-
tion of the bike trails in this area.
At the request of Councilwoman Frankiewich, the staff
was directed to review some information regarding
recovery programs for service stations and to possibly
survey service stations in the City to determine if
vapors emitted could possibly be recovered for recycling.
The composition of bike trails around the S & S construc-
tion site was discussed by Councilwoman Frankiewich and
the Director of Public Works. She was concerned over the
appearance of these trails.
Councilman Harvey stated that the League i~f California
Cities, Orange County Division, will be voting on the
issue regarding the bill introduced by Assemblyman Briggs
for the direct election of the Orange County Transit
District Board ~f Directors, as contrasted to the present
appointment system by the League of Cities. He indicated
that it has been the position of the City in the past to
support the Div]sion's position.
It was requested by Councilwoman Fraukjew~ch to place
on the agenda ol the next regularly ~e~heduled City Council
meeting of January 27, 1975 the item regarding the bill
introduced by Assemblyman Briggs.
MINUTES: Hearing no objections, the Maye~r held the
minutes until a full Council could be present.
CONSIDERATION OF AWARD OF CONTRACT FOR AUTOMOTIVE PARTS
AND MACHINE SHOP SERVICES, REQUEST FOR QUOTATION #7475-29:
The City Manager presented a report from the Finance
Director dated January 9, 1975 and he ~ummarized the
two bids received for the purchase of automotive parts.
It was moved by Councilman Harvey and seconded by Council-
woman Frankiewich to accept the bid of Truck and Auto
Supply, Inc., 1650 S. Douglass Road, Anaheim, California,
92806, in the amount of $6,000 annual usage for the City
and $500 annual usage for the Cypress Recreation and
Park District, as the lowest responsible bidder and award
the contract to them in the total amoun~ ~f $6,500.00.
The motion was unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEN: Frankiewich, Harvey and
Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Kanel and Sonju
CONSIDERATION OF AWARD OF CONTRACT FOR PHOTOGRAPHIC
SUPPLIES & SERVICES, REQUEST FOR QUOTATION #7475-30:
The City Manager presented a report from the Finance
Director dated January 9, 1975 concerning the purchase
of photographic supplies and services.
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City Council Minutes
13, ]975
It was moved by Councilwoman Frankiewi~h and seconded
by Mayor Lacayo to accept the bid of Snap-Pak, 1719
E. Ariahelm, Long Beach, California, 908]3, as the lowest
responsible bidder and award the contract to them in
the amount of $7,000 for the City and S],O00 for the
Cypress Recreation and Park District lora total of
$8,000.00. The motion was unanimously carried by the
following roll call vote:
AYES: :~ COUNCILMEN: Frankiewich, Harvey and
Lac3yo
NOES: 0 COUNCILMEN: Nont!
ABSENT: 2 COUNCILMEN: Kan~l and Sonju
CONSENT CALENDAR: Mayor Lacayo announ~:ed that all matters
listed on the a~enda under "Consent Calendar" were to be
considered by the Council as routinf~, and enacted by one
motion approving the recommendation re~arding each item
listed on the agerids. He asked if any Council member
wished to remove an item. No one wishf~d to remove an
item. Councilwoman Frankiewich asked the Chair to amend
Item #8 to the correct amount for th~ National Leag.e
of Cities membership to $600.
It was moved by Councilwoman Frankiewi~th and seconded
by Mayor Lacayo [n approve Item Nos. 5 through 20 on the
Consent Calendar. The motion was unanimously carried
by the following roll call vote:
AYES: :~ COUNCILMEN: Franlli/wich, Harvey and
NOES: 0 COUNCILMEN: Non~:~
ABSENT: 2 COUNCILMEN: Kanel ~nd r~onju
Item No. 5: Consideration of an Application
in Status of an Ali~oholic Beverage License at
Lincoln Avenue.
for a Change
6072 B
Recommendation: R{~ceive and file.
Item No. 6: C,msideration of Transfer ,,l Alcoholic
Beverage License - Lincoln Center Marke~ at 9080 Bloomfie]d.
Recommendatil~n: Receive and file.
Item No. 7: Consideration of Proclam~itjnn Deeteeing
February as "Iteart Month" and February 23 as "Heart Sunday".
Recommendation: That the Mayor and City Council proclaim
February as Heart Month and February 23 as Heart Sunday
in the City of Cypress.
Item No. 8: Consideration of Membership in the National
League of Cities.
Recommendation: That the City Council authorize membership
in the National League of Cities at the cost of $600.00.
Item No. 9: Consideration of Extension of City/County
Health Services Agreement.
Recommendation: That the City Council extend the City/
County Health Services Agreement from a period of January
1, 1975 to June 30, 1975.
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City Council Minutes January 13, 1975
Item No. 10: Consideration of a Resolution of the City
of Buena Park requesting the Orange County Board of
Supervisors to Establish Informational Procedures Per-
raining to Notification of Segregation Applications.
Recommendation: That the City Council request the City
Manager to notify the Orange County Board of Supervisors
that the City Council is in agreement with the Resolution
of the City of Buena Park regarding the need for improve-
ment in the recordation of divisions of land.
Item No. 11: Consideration of a Resolution from Orange
County Requesting Cities to Financially Participate in
the Cost of Evaluating the Environmental Impact Statemenll
Concerning the Off Shore Oil and Gas Leases.
Recommendation: Receive and file.
Item No. 12: Consideration of the Claim of Gonzales
vs. the City of Cypress.
Recommendation: That the City Council reject the claim
of Gonzales vs. the City of Cypress, since it does not
comply with Government Code Section 910, ~Decifically,
sub-sections A, C, D, E and F, and authorize the City
Manager to notify the claimant's attorney of this action.
Item No. 13: Consideration of Marmot Settlement with the
State Compensation Insurance Fund.
Recommendation: That the City Council authorize the City
Manager to accept the State Compensati~n Insurance Fund
settlement in the amount of $1,417.50 plus interest of
7% from January 1, 1973 to the date of settlement.
Item No. 14: Consideration of a Resolution Commending
Former Supervisor David L. Baker.
Recommendation: That the City Council adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 1560
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS COMMENDING DAVID L. BAKER FOR HIS OUT-
STANDING PUBLIC SERVICE TO THE COUNTY OF ORANGE
AND TI~ CITY OF CYPRESS.
The motion was unanimously carried by the following roll
call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Frankiewich, Harvey and
Lacayo
None
Kanel and Sonju
Item No. 15: Consideration of Participation in County-
wide Emergency Medical Services Program.
Recommendation: That the City Council authorize the City
Manager to notify the Orange County Emergency Medical
Care Committee that the City of Cypress is in support
of the Highway Safety Project involving the expansion of
the Emergency Medical Care Program.
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City Council Minutes January 13, 1975
Item No. 16: Consideration o£ a Claim from R.E. McDonnel
for Flood Damage.
Recommendation: That the City Councl, ,~fficially deny
the claim of R. E. McDonnell for flood damages and reques
the City Manager to noti£y both the insurance carrier and
the Orange County Flood Control District of this claim.
Item No. 17: Consideration of Attendance at the 1975
Spring Genera] Assembly for the Southern California
Association of Governments.
Recommendation: That the City Council authorize the
Mayor and members of the City Council to attend the
meeting and to be reimbursed for actual and necessary
expenses.
Item No. 18: Cc~nsideration of a Transfer of Alcoholic
Beverage License at i0011 Valley View.
Recommendation: Receive and file.
Item No. 19: Consideration of Certification of Employmenl
List - Police Cadet.
Recommendation: That the City Council certify the empll~3-
merit list for the position of Police Cadet.
Item No. 20: Consideration of Adopting a Resolution
Establishing "No Parking" areas.
Recommendation: That the City Council accept the
mendation of the Advisory Traffic Committee and adopt the
following Resolution by title only, title as follows:
RESOLUTION NO. 1561
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS ESTABLISHING "NO PARKING" AR~ZAS.
The motion was unanimously carried by the following roll
call vote:
AYES: 3 COUNCILMEN:
NOES: O COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Frankiewich, Harvey and
Lacayo
None
Kanel and Sonju
CONTINUATION OF CONSIDERATION OF DEVELOPMENT OF A (~OOD
NEIGHBOR PROGRAM The City Manager presented a report
dated December T7, 1974 from the Chief of Police which
recommended that a pilot program be initiated within the
Police Department using existing personnel and equipment
and that a $500.00 appropriation be made to begin the
pilot program to cover printing, advertisement and
telephone costs. This appropriation should be charged
to account no. 10-171.05-151.
It was moved by Councilwoman Frankiewich and seconded
by Councilman Harvey to begin the pilot program for the
Good Neighbor Pregram and that $500.00 be appropriated
to the Police Department charging this amount to account
no. 10-171.05-151. The motion w~s unanimously carried
by the following roll e~ll vote:
AYES: 3 COUNCILMEN: Frankiewich, Harvey and
Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Kanel and Sonju
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City Council Minutes January 13, 1975
CONTINUATION OF CONSIDERATION OF REPORT ON STREET SWEEPING
AND RECREATIONAL VEHICLE PARKING: The City Manager pre-
sented a report dated January 6, 1975 from the Public
Works Director regarding street sweeping and recreational
vehicle parking. There were three alternatives discussed
and it was moved by Councilman Harvey and seconded by
Councilwoman Frankiewich to accept the contractor's sug-
gestion for an 8:00 a.m. to 1:00 p.m. schedule for
sweeping and authorization of the extra travel time for
a 90-day trial period beginning February 1, 1975 at an
additional cost of $741.00 and that the staff make an
evaluation report to the Council at the end of 60 days.
The motion was unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEN:
0 COUNCILMEN:
2 COUNCILMEN:
Frankiewich, Harvey and
Lacayo
None
Kanel and Sonju
It was further recommended by the City Manager that a
door-to-door survey be conducted within the City with
the possibility of obtaining citizen input into types
of limitations and restrictions that might be imposed
in the City for the control of recreational vehicle
parking.
It was moved by Mayor Lacayo, seconded by Councilman
Harvey and unanimously carried to table the control
over the parking of recreational vehicles until some
figures are obtained from a follow-up report by the staff.
CONTINUATION OF CONSIDERATION OF ACCEPTANCE OF PRE-
FABRICATED PROTOTYPE HOUSING IN LARWIN TRACT #6776:
The City Manager presented a report dated January 6,
1975 recommending that this matter be received and filed
since the houses are scheduled for release on February
24 of this year and that they were inspected and found
adequate. Hearing no objections, it was moved by Mayor
Lacayo to receive and file the acceptance of pre-
fabricated prototype housing in Larwin Tract #6776.
CONTINUATION OF CONSIDERATION OF REPORT ON RAIN STORM
OF DECEMBER 4, 1974: The City Manager summarized a
report from the Public Works Director dated December 26,
1974 regarding the rain storm. The Council directed the
staff to look into the possibility of red curbing at
some of the areas next to the storm drains. Hearing
no objections, it was moved by the Mayor to receive and
file the report on the rain storm of December 4, 1974.
CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY AND COUNTY
OF ORANGE FOR THE IMPLEMENTATION OF THE COMMUNITY DEVEL-
OPMENT ACT OF 1974: The Planning Director presented a
summary of a report dated January 8, 1975 and stated that
the approval of the Council was needed to proceed on the
cooperative agreement between the County of Orange and
the City of Cypress in respect to participating in the
Housing and Community Development Act of 1974.
It was moved by Councilwoman Frankiewich and seconded
by Mayor Lacayo to approve the agreement. The motion
was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: Frankiewich, Harvey
Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Kanel and Sonju
and
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~.C~ty Council Minutes January 13, 1975
CONSIDERATION OF APPOINTMENT OF CITY REPRESENTATIVE TO
THE SANTA ANA RIVER FLOOD PROTECTION AGENCY: The City
Manager presented a report dated January 8, 1975 and
stated that as a member city in the Santa Ana River
Flood Protection Agency a representative to that agency
is required to be appointed from among the City Council
members.
Councilwoman Frankiewich suggested that Councilman Harvey
be appointed as the City's representative on the Santa Ana
River Flood Protection Agency. Councilman Harvey accepted
and stated for the record that he would like to have his
business address, 1801 Dove Street, Newport Beach,
California, used for his mail. The Mayor, with the unan-
imous consent of the Council, appointed Councilman Harvey
as the City's representative on the Santa Ana River Fl<~od
Protection Agency.
CONSIDERATION OF EXTENSION OF TIME FOR THE BUILDING
LEASE BETWEEN THE CITY OF CYPRESS AND STRAIGHT TALK,
INC.: The City Manager presented a report dated Janua~'y
8, 1975 stating that the current lease for the building
at 5732 Camp Street between the City and Straight Talk,
Inc. expired on December 31, 1974 and that it appears
at this time the Straight Talk program will be continued
and a one-year extension of the lease agreement appears
appropriate.
It was moved by Councilwoman Frankiewich and seconded by
Councilman Harvey to approve the one-year extension for
the period January 1, 1975 to December 31, 1975 for the
building lease between the City and Straight Talk, Inc.
at 5732 Camp Street. The motion was unanimously carried
by the following roll call vote:
AYES: 3 COUNCILMEN: Frankiewich, Harvey
Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Kanel and Sonju
Hearing no objections, the Mayor held Item 32, Considers-
tion of Implementation of Unemployment Funds, and Item
33, Consideration of Noise Element of the City's Gener~[
Plan, over until the evening session.
CONSIDERATION OF ORDINANCE #539: The City Manager sum-
marized a report dated January 6, 1975 from the Planning
Director which stated that the Planning Commission, at
its meeting of January 2, 1975, instructed the Planning
Director to direct a communication to the City Council,
respectfully requesting clarification of the Council's
adoption of Ordinance #539, particularly in its applica--
tion to existing Planning Commission members, and indi-
cating the intent of the City Council in taking this
action which effectively would limit the terms of office
of a planning commissioner to one term not to exceed
four years' duration.
Hearing no objections, it was moved by Mayor Lacayo to
continue this item to the next regularly scheduled meeting
of January 27 and to request the staff to make a report,
including an analysis of the current terms of commissioners,
and upon receipt of that report, the Council will decide
whether or not to consider changes to this ordinance,
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City Council Minutes January 13, 19~5~ ~o~
CONSIDERATION OF EXPENDITURE FOR STUDENT EXCHANGE PROGRAM:
The City Manager presented a report dated January 7,
1975 from the Arts and Cultural Commission which recom-
mended that the City Council approve a $200 expenditure
from their Commission budget to offset the cost of the
visit of students from Tuba City, Arizona, High School
to the Schubert Theater and that the City Council proclaim
the week of March 1 through 8, 1975 as "Indian Cultural
Week".
It was moved by Councilman Harvey and seconded by Coun-
cilwoman Frankiewich to approve the $200.00 expenditure
from the Commission budget and to proclaim the week of
March 1 through 8, 1975 as "Indian Cultural Week". The
motion was unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEN:
0 COUNCILMEN:
2 COUNCILMEN:
Frankiewich, Harvey and
Lacayo
None
Kanel and Sonju
CONSIDERATION OF APPLICATION TO JOIN THE NATIONAL FLOOD
INSURANCE PROGRAM: The City Manager presented a report
dated December 30, 1974 from the Public Works Director
and stated that, in his opinion, the City had no alter-
native but to apply. He also said that there would be
additional public announcements once the City has
qualified, since the program will allow citizens of the
community to obtain Federal flood insurance protection
if they so desire.
It was moved by Councilwoman Frankiewich and seconded
by Councilman Harvey to authorize the application by the
City of Cypress to join the National Flood Insurance
Program. The motion was unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEN: Frankiewich, Harvey and
Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Kanel and Sonju
CONSIDERATION OF CHANGE IN CONTRACT FOR BICYCLE LANES,
CITY OF CYPRESS PROJECT #7406-90: Hearing no objections,
the Mayor held this item over until the evening session.
CONSIDERATION OF LANDSCAPING OF ORANGE AVENUE BIKEWAY
ALONG TANK FARM, CITY PROJECT #7406-90: The City Manager
summarized a report dated January 3, 1975 from the Public
Works Director which indicated that the Texaco Tank Farm
will be cooperative in the landscaping and that they gave
their approval of the area around the farm for a bikeway
system.
Hearing no objections, the Mayor moved to receive and
file the report.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST
FOR WARRANTS #37126-37433: It was moved by Councilwoman
Frankiewich and seconded by Mayor Lacayo to approve the
Commercial Warrant List for Warrants #37126-37433 in
the total amount of $2,200,506.84. The motion was unan-
imously carried by the following roll call vote:
AYES: 3 COUNCILMEN: Frankiewich, Harvey and
Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Kanel and Sonju
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City Council Minutes January 13, 1975
CONSIDERATION OF SIX-MONTH REVIEW OF BEER PERMIT USE:
The City Manager presented a report from the Recreation
and Park Director dated January 6, 1975 recommending
that the policy be continued wherein the Director of
Recreation and Parks is authorized to issue permits
allowing the consumption of beer at group picnics and
gatherings being conducted at Arnold/Cypress and Oak
Knoll Parks and that this report be received and filed.
It was moved by Councilman Harvey, seconded by Council-
woman Frankiewich and unanimously carried to continue
the present policy for six months due to the fact that
no negative reactions were experienced during the first
six months.
CONSIDERATION OF LEASE AGREEMENT FOR PARKING AREA -
SWAIN PROPERTY: The City Manager presented a report
from the Recreation and Park Director dated January 6,
1975 recommending that the Council authorize the Mayor
to sign the parking lot lease agreement between Christine
Swain and the Cypress Recreation and Park District to
be effective February 1, 1975. Councilman Harvey sug-
gested that the City should also pay the taxes on the
property.
Hearing no objections, the Mayor continued this matter
to the January 27, 1975 meeting and directed the staff
to make a report on the taxes of this property.
CONSIDERATION OF APPROVAL OF THE MEMORANDUM OF UNDER-
STANDING BETWEEN THE CYPRESS RECREATION & PARK DISTRICT
AND THE CYPRESS RECREATION & PARK DISTRICT EMPLOYEES:
The City Manager summarized a report dated January 8,
1975 and recommended that the City Council approve the
Memorandum of Understanding with the Cypress Recreation
and Park District Employees and authorize the Mayor and
City Clerk to sign and attest the agreement and adopt
the Resolution establishing salaries for the District
employees.
It w~s moved by Councilwoman Frankiewich and seconded
by Councilman Harvey to approve the Memorandum of Under-
standing with the Cypress Recreation and Park District
Employees and to authorize the Mayor and City Clerk to
sign and attest the agreement and adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, A SUB-
SIDIARY DISTRICT OF THE CITY OF CYPRESS, ES-
TABLISHING A BASIC COMPENSATION PLAN AND
ESTABLISHING SALARIES FOR RECREATION AND PARK
DISTRICT EMPLOYEES NOT PLACED UNDER THE BASIC
COMPENSATION PLAN.
The motion was unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEN: Frankiewich, Harvey and
Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Kanel and Sonju
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City Council Minutes
January 13, 1975
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST
FOR WARRANTS #3803-3896 AND 241-256: It was moved by
Councilwoman Frankiewich and seconded by Mayor Lacayo
to approve the Recreation and Park District Commercial
Warrant List for Warrants #3803-3896 and 241-256 in
the total amount of $5,844,494.95. The motion was
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN: Frankiewich, Harvey and
Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Kanel and Sonju
RECESS:
Mayor Lacayo recessed the meeting at 5:56 p.m. until
7:30 p.m.
CALL TO ORDER:
Mayor Lacayo called the meeting back to order at 7:35
p.m. in the Cypress City Council Chambers with the
following Councilmen in attendance:
PRESENT:
ABSENT:
Councilmen Frankiewich,
and Lacayo
Councilman Kanel
Harvey, Sonju
Also present were City Manager/City Clerk Darrell Essex,
City Attorney John Murphy, and the following members of
the City Staff: Charkow, Duke, Dunlap, Hawley, Schatzeder
and Warren.
PLEDGE OF ALLEGIANCE: Councilwoman Sonju led the pledge
to the flag.
At the Mayor's request, the City Manager reviewed the
actions of the Council during the afternoon session.
PRESENTATION OF RESOLUTION COMMENDING THE SOUTHERN
CALIFORNIA WATER COMPANY: Mayor Lacayo presented a
resolution of commendation to representatives of the
Southern California Water Company, Mr. Rosco Anthony,
Vice President, and Mr. Joe Price, District Manager,
in recognition of the savings to the City of $5,000
by suggesting the installation of a fire hydrant in
the new Public Works yard.
PRESENTATION OF PROCLAMATION TO THE CYPRESS JAYCEES
PROCLAIMING THE MONTH OF JANUARY~ 1975 AS PRIDE IN
AMERICA MEMBERSHIP MONTH: Mayor Lacayo read the
Proclamation to the Cypress Jaycees and presented the
proclamation to the Cypress Jaycees president in
recognition of January, 1975 as Pride in America
Membership Month.
PRESENTATION OF BICENTENNIAL POEM, "CYPRESS", BY MARY
MERCURIO, MICHELLE FUJITA AND SHELLY GENTRY~ GRADE 8
MGM~ OXFORD JR. HIGH SCHOOL: Councilwoman Frankiewich
introduced the students from Oxford Jr. nigh School
and they recited their poem, "Cypress".
Hearing no objections, the Mayor moved to open the
following public hearings and continue all of the
hearings and take on as the first item of the agenda
Item #28.
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City Council Minutes January 13, 1975
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT -
STUDENT HOME SERVICES: The Mayor recommended that
the Council bypass this hearing until Item 28b has
been heard.
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT -
KIRBY COMPANY OF LONG BEACH: The Mayor recommended
that the Council bypass this hearing until the previous
public hearing has been heard.
PUBLIC REARING RE: PROPOSED GENERAL PLAN AMENDMENT
NO. 74-2: It was moved by Councilwoman Sonju, seconded
by Councilman Harvey and unanimously carried to continue
this public hearing until Wednesday, January 15, 1975
at 7:30 p.m.
CONSIDERATION OF A PROPOSED ORDINANCE REQUIRING A
CITIZEN VOTE FOR CERTAIN GENERAL PLAN AMENDMENTS: The
Mayor discussed a proposed ordinance which would require
a citizen vote upon any approval of a General Plan amend-
ment from an industrial classification to a residential
classification. During his discussion he pointed out
that he had observed in the last several months several
citizens who had expressed a lack of confidence in
Cypress city government in not safeguarding taxpayers'
interests. The Mayor assured the audience that the
City Council, as well as the City Staff, has always
had the taxpayers' best interest in mind in making all
of their decisions. The Mayor then asked the City
Manager to present the proposed ordinance. The City
Manager, in turn, requested thelCity Attorney to present
the ordinance. The Mayor requested, for the record,
that all of the City Attorney's comments be transcribed
and they Are on file in the City Clerk's office.
A slide presentation was given by the Planning Director
outlining the plan for the ordinance for zoning.
Mr. Joe Hardcastle, 4588 Blanca, Cypress, stated that he
was speaking for himself regarding the proposed initia-
tive sponsored by the Cypress Citizens' Association
and that he felt that the City government was going
against the will of the people and that the citizens
do not trust the City government.
Mayor Lacayo stated that retail and general commercial
zones have not been rezoned since 1971 and that the
City is having severe problems in attracting commercial
interests to the City of Cypress.
Mr. Donald Hudson, 6153 Lawrence, Cypress, spoke as a
representative of the Cypress Citizens' Association
stating that he came to explain the initiative proposed
by the CCA. He requested the City Council to recognize
the issue and assist the Cypress Citizens' Association
in placing the ordinance on the ballot.
Mr. Howard Rowan, vice president of the Cypress Citizens'
Association, 5831 Shirl, Cypress, stated that the people
of Cypress are concerned where the City is going. He
asked the Council to amend the ordinance. Mr. Rowan
also stated that the CCA has no official position on
annexation of the wedge because they have not discussed
this with the CCA membership.
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City Council Minutes January 13, 19~5. ~d
Mr. George Savord, attorney, 1695 Crescent, Anaheim,
California, representing Continental Multi-Homes, Inc.,
stated that there should be a thorough analysis of the
ordinance before it is put into effect. He cited
several court case examples and decisions regarding
due process requirements for zoning and stated that
this ordinance relates to industrial land only and that
it is discriminatory in nature against owners of resi-
dential and commercial land, which is a violation of the
14th Amendment. Mr. Savord stated that Continental
Multi-Homes has asked for an amendment to this ordinance.
Mr. Carl DePietro, 400 S. Flower, Orange, California,
stated that the Register had reported that Cypress is
being considered for a sports arena complex and that he
is concerned that many of the comments that have been
made during the past few months might lead some of
the investors to believe that Cypress is an unstable
community and discourage investment in the community.
RECESS:
Mayor Lacayo called a recess at 9:15 p.m. The meeting
was called back to order at 9:35 p.m. with all Councilmen
present with the exception of Councilman Kanel.
A discussion ensued by the Council regarding the proposed
ordinance with reference to zoning changes involving
the referendum process.
Councilman Harvey stated that he supported the proposed
ordinance.
Councilwoman Sonju read a letter addressed to City Manager
Darrell Essex from Senator Alan Cranston regarding the
Nike facility. She stated that the Navy wants the
property for exchange purposes.
Mr. David Recupero, Continental Multi-Homes, Inc., 6182
Softwind, Huntington Beach, California, stated that if
the ordinance is adopted then residential or industrial
development will not be given a chance for development.
The Mayor asked Mr. Recupero to renew his request at
the Council Meeting scheduled for January 15.
Hearing 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 ORDINANCE NO. 497, THE
ZONING ORDINANCE, ESTABLISHING PROCEDURES
FOR CERTAIN GENERAL PLAN AMENDMENTS.
It was moved by Councilwoman Frankiewich and seconded
by CounCilwoman Sonju to approve the first reading of
the Ordinance. The motion was unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich, Harvey,
and Lacayo
NOES: 0 COUNCIL~IEN: None
ABSENT: 1 COUNCILMEN: Kanel
Sonju
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Council Minutes January 13, 1975
Item #28b, which was added to the agenda, was discussed
by the Council. Two letters addressed to the Mayor
from the Cypress Citizens' Association were read. The
first letter was regarding the subject of the initiative
petition being placed on the next ballot. The Mayor
suggested to the Council that they table this letter
until such time as the CCA may wish to come back and
comment.
Mrs. Joyce Nicholson, president of the Cypress Citizens'
Association, 6045 Jeffrey Mark, Cypress, stated that the
CCA was having a meeting on January 23, 1975 to discuss
the initiative petition and that she agreed with the
Mayor to table the letters.
The Mayor asked the Council to table this item until the
next Council meeting, January 27.
The second letter, dated January 1, 1975, was read
requesting the City Council to act on the handling of
their petition by the City Clerk regarding posting.
The CCA questioned the actions of the City Clerk in this
regard.
The Mayor asked the City Manager to answer these charges.
The City Manager responded to the verbal comments made
earlier in the evening. He gave his rebuttal stating
that it always has been his practice to assist the people
of the community and he explained the role of the City
Clerk. He also stated that this was the first initiative
process that he has personally been required to handle
and that because of this he called upon the City Attorney
for counsel. The City Attorney advised that the City
Clerk should not become involved in any manner in either
the circulation of or in providing advice of any type
on the initiative petition. The City Attorney advised
that the circulation of an initiative petition is the
responsibility of the proponents who normally obtain
the advice of an attorney for the drafting of the ini-
tiative measure and to counsel the proponents on the
State statutes governing the initiative process.
The City Attorney also stated that the City Clerk function,
in this instance, is merely that of a custodian of the
records required to be submitted by the proponents and
to examine the petition upon receipt. In this case, the
State Code was the overriding factor and the City Code
did not apply.
The Mayor gave credit to the City Clerk and the City
Attorney for taking considerable time to convince the
Mayor the right way to go so that this ordinance could
be presented.
Councilwoman Sonju stated that she felt that the accusa-
tions against the City Clerk were unjust and that the
City Clerk did do his job. Councilman Harvey concurred
with Councilwoman Sonju.
Mrs. Joyce Nicholson, 6045 Jeffrey Mark, Cypress, thanked
the Council for their concern.
Mr. Joe Hardcastle, 4588 Blanca, Cypress, criticized the
City Clerk and City Attorney for not answering legal
questions involved in the ordinance until now.
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City Council Minutes January 13, 1975
City Attorney John Murphy stated that it was not the duty
of the City Clerk to advise the CCA nor was it his duty
to advise them on the legality of the ordinance.
The Mayor, hearing no objections, asked the Council to
receive and file the second letter.
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT -
STUDENT HOME SERVICES: Mayor Lacayo reopened the
public hearing. The Police Chief reported that he
did not have a complete list of individuals who would
be soliciting for the stenciling of house numbers on
curbs door-to-door in the City. He stated that the
applicant did tell him that his company would not paint
numbers on the curb without the prior permission of the
homeowner.
Mayor Lacayo inquired if anyone wishedlto speak in
favor or opposition to the application. There was no
one wishing to speak and he closed the public hearing.
It was moved by Councilwoman Sonju and seconded by
Councilman Harvey to approve the application for a special
permit for Student Home Services with the stipulation
that the specific hours of solicitation would be limited
to Monday through Saturday from 9:00 a.m. to 5:00 p.m.
The motion was unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEN: Frankiewich,
and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Kanel
Harvey, Sonju
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT -
KIRBY COMPANY OF LONG BEACH: Due to the fact that
the Police Chief stated that he would like to ask the
applicant a few questions, this item was continued
until after the executive session.
EXECUTIVE SESSION: Mayor Lacayo called for an Executive
Session at 10:45 p.m. for matters of personnel. The
meeting was called back to order at 11:00 p.m. with all
Councilmen present with the exception of Councilman Kanel.
The Mayor reopened the hearing to consider the application
for the Kirby Company. The Police Chief asked the Mayor
if the hearing could be continued so that the Company
could refile using a different applicant. Hearing no
objections, the Mayor continued the public hearing
regarding the application for a special permit for
the Kirby Company to the January 27, 1975 meeting.
CONSIDERATION OF IMPLEMENTATION OF UNEMPLOYMENT FUNDS:
Hearing no objections, the Mayor continued this item
to the meeting of January 15, 1975 so that a full
Council may hear this item.
CONSIDERATION OF NOISE ELEMENT OF THE CITY'S GENERAL
PLAN: The City Manager presented a report dated January
6, 1975 from the Planning Director stating that, in
reviewing this matter with representatives of Olson
Laboratories, Inc., it was determined advisable by staff
that further noise monitoring studies should be conducted
during an active racing program and not during an "off"
season as was done in the past. The cost for the addi-
tional studies would amount to approximately $250.00.
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City Council Minutes January 13, 1975
The staff recommended that the City Council authorize
the appropriation of $250 from the fund balance of the
General Fund to Account #10-19206-189.
Councilwomen Sonju and Frankiewich agreed that Olson
Laboratories did not do what they were supposed to do.
It was moved by Councilwoman Sonju and seconded by
Councilwoman Frankiewich to receive and file the report.
The motion was unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Frankiewich, Harvey, Sonju
and Lacayo
None
Kanel
CONSIDERATION OF CHANGE IN CONTRACT FOR BICYCLE LANES,
CITY OF CYPRESS PROJECT #7406-90: The City Manager
presented a report dated January 6, 1975 from the Public
Works Director recommending an increase in the G & G
Equipment Company contract from $27,470.50 to $36,415.75
which is an $8,945.25 or 32.563% increase above the
original contract for the bike lanes. This additional
cost will be reimbursed by the Texaco Company.
Councilwoman Sonju stated that she previously requested
that Valley View Street be placed on the Status Report
on Bikeways for the County and that so far Valley View
has not been placed on the Master Plan. The City Manager
said that Valley View would be funded when the money
is available. The Planning Director indicated that
Valley View was still included as a bike path on the
Master Plan and that the Planning staff was going to
try to get Valley View put on the 100% plan (where the
County would provide 100% financing).
Councilwoman Sonju asked what the alternatives were in
order to get action on the 100% financing plan. The
City Manager suggested sending a letter to the Board of
Supervisors.
It was moved by Councilwoman Sonju and seconded by Mayor
Lacayo to send strong letters to both County Supervisors
representing the City regarding placing Valley View
Street on the 100% financing plan for the County. The
motion was unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEN: Frankiewich,
and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Kanel
Harvey, Sonju
It was moved by Councilwoman Frankiewich and seconded
by Mayor Lacayo to approve the contract change as outlined
in the report for a revised contract cost of $36,415.75
for construction of bike lanes, Project #7406-90 and
to approve the appropriation of $8,945.25 from the fund
balance of the 2106 Gas Tax Fund to the Bike Lanes-Account,
#10-419.26-186. The motion was unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich,
and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Kanel
Harvey, Sonju
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City Council Minutes
January 13, 1975
Mr. Osborne, 6153 Lawrence Street, Cypress, speaking
on behalf of himself, asked the Council to look into
the changing of the status of the fire rating for the
fire district of Cypress in order to reduce fire
assessment on homes which in turn would reduce fire
insurance on homes in the City.
The Mayor directed the City Manager to give a report
on the staff's actions to date on this matter at the
meeting of January 27, 1975.
The Mayor moved to place this subject on the agenda
and it was moved by Mayor Lacayo and seconded by Coun-
cilwoman Sonju to adopt the following Resolution by
title only, title as follows:
RESOLUTION NO. 1562
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS URGING THE INSURANCE SERVICES
OFFICE TO FINALIZE ITS EVALUATION OF THE CITY
OF CYPRESS' FIRE STUDY AND RELEASE THE NEW
CITY FIRE RATING AS SOON AS POSSIBLE.
The motion was unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEN: Frankiewich, Harvey,
and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Kanel
Sonju
Mr. Hardcastle asked if Item 25, Continuation of Consid-
eration of Report on Street Sweeping and Recreational
Vehicle Parking, was taken up in the afternoon and the
Mayor assured him that it had been and he summarized
the discussion, stating that the result was to try the
pilot program for 90 days with street sweeping beginning
at 8:00 a.m. and terminating at 1:00 p.m.
The Police Chief asked that the Council prepare a proclam-
ation for the meeting of January 15, 1975 commending re-
tiring Sheriff James Musick.
ADJOURNMENT: It was moved by Councilwoman Sonju, seconded
by Councilwoman Frankiewich and unanimously carried to
adjourn the meeting at 11:30 p.m.
~'EYOR OFh~/CFFr OF .G~RESS
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