Minutes 75-03-10MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
March 10, 1975
The regular meeting of the Cypress City Council was
called to order at 4:25 p.m. on Monday, March 10, 1975
in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Councilman John Kanel presiding.
PRESENT:
ABSENT:
Councilmen Frankiewich, Harvey and Kanel
Councilmen Sonju and Laeayo
Also present were City Manager/City Clerk Dartell Essex,
City Attorney John ~urphy, and the following members of
the City Staff: Charkow, Duke, Dunlap, Hawley, Osborn,
and Schatzeder.
PRESENTATION OF PLANT TO THE CITY BY GIRL SCOUT TROOP
1103 IN COM~EMORATION OF GIRL SCOUT WEEK: Councilman
Kanel accepted a plant from members of Girl Scout Troop
1103 presented in recognition of the Girl Scouts'
birthday, March 12, and Girl Scout Week, March 9 15.
COUNCILWOMAN SONJU ARRIVED AT 4:28 P.M. AND ASSUMED
THE CHAIR
STAFF REPORTS & DISCUSSIONS:
At the City Manager's request, it was moved by Councilman
Harvey, seconded by Councilwoman Frankiewich and unani-
mously carried to place Item #14a on the Consent Calendar
concerning a resolution of commendation for former Congress-
man Richard T. Hanna.
Hearing no objections, Councilwoman Sonju placed Item #39
on the agenda regarding Assembly Bill 15.
The City Manager reported that the Planning Commission
requested that a joint Council/Commission meeting be held
sometime after this month and he stated this matter would
be placed on the next Progress Report. He also reported
that he had received a draft survey questionnaire prepared
by Opinion Research, Inc. and suggested that the Council
submit its recommendations prior to Thursday so that
the field work may begin. The Council agreed to submit
their comments before Thursday.
The City Manager reported that certain corrections and
revisions would be made in the format of the Good Neighbor
Program before its release. There were no corrections
from ~he Council.
At the City ~anager's request, Items #40, regarding
preliminary budget discussions, and Item #41, regarding
the proposed public meetings were placed on the agenda.
Councilwoman Sonju added Item #42 to the a~enda regarding
the Airport Land Use Commission.
Councilman Harvey stated he would like to make a report
on meetings held regarding the Santa Ana River Flood
Protection Agency and Flood Insurance Program and this
matter was added to the agenda.
City Council Minutes
March 10, 1975
In regard to a Progress Report item regarding the scheduling
of public meetings on the Harvey property, Councilman Harvey
recommended that a letter be sent to Mr. William Belli advising
him of the difficulty in establishing dates satisfactory to
everyone and inviting him to attend Council meetings.
CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR 60
HERMAN MILLER MODULAR SEATING (CM101, 102,104) AND 54 CONNECTORS:
Councilwoman Sonju noted that Mayor Lacayo had concerns regard-
ing the award of the contract and she recommended a continuance
of this matter to the next meeting.
It was moved by Councilwoman Frankiewich, seconded by Councilman
Kanel and unanimously carried to continue the award of contract
for the modular seating to the March 24, 1975 meeting.
CONSENT CALENDAR: Councilwoman Sonju announced that all items
listed on the agenda under" Consent Calendar" were to be
considered by the Council as routine and enacted by one motion
approving the recommendation regarding each item. She asked if
any Councilman wished to remove an item.
Councilman Kanel requested that Item #9 be removed.
Councilwoman Frankiewich recommended that the recommendation
for Item #5, regarding earnings limitations under the Social
Security Act, be changed. The Council felt in discussing the
matter that it would affect residents of Cypress although not
directly affect municipal government.
It was moved by Councilwoman Frankiewich and seconded by
Councilwoman Sonju to change the recommendation for Item #5
from receive and file to support the City of Westminster's
resolution that the earnings limitations under Social Security
be repealed. 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
Regarding Item #7, consideration of supporting resolutions
opposing the transformation of the Southern California Associa-
tion of Governments into a statutory agency, Councilwoman
Frankiewich recommended that the recommendation be changed
from receive and file to support of the resolutions of Seal
Beach and Newport Beach. Councilman Harvey recommended that
the Council support the resolution of Newport Beach since he
felt it better reflected the situation and he indicated he
was not in favor of making membership mandatory or granting
SCAG new powers, duties and functions.
It was moved by Councilwoman Frankiewich, seconded by Council-
woman Sonju and unanimously carried that the City Council support
the Newport Beach resolution opposing the transformation of
SCAG into a statutory agency.
Regarding Item #11, consideration of a resolution of the
City of Placentia regarding the problem of illegal aliens,
Councilwoman Frankiewich suggested that the Council may
wish to support the resolution since labor camps were located
in Cypress. Councilmen Sonju and Harvey stated other cities
shared this problem and recommended that no action be taken
until this is discussed by the Orange County League of Cities.
They suggested that the Council's comments be transmitted to
the League representative.
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City Council Minutes
March 10, 1975
Regarding Item #8 concerning a communication from the City
of La Palma in regard to their ordinance limiting fireworks
sales, Councilman Harvey recommended that Mayor Byrne be
notified of the City's action of including this as a survey
issue.
The Council discussed Item #9, regarding SB 275, the "collec-
tive bargaining act for public employment," and Councilman
Kanel stated he removed the item because he did not see the
need for the strong opposition to SB 275 and he questioned
the fact that government employees do not have the/same
privilege of collective bargaining available to private indus-
try. He felt the employee situation is similar to most other
government situations which involve a going rate of pay, for
example, bid items which are subject to a going rate for labor
and material costs, and that an agency is more or less compelled
to follow this policy. He did not feel there would be many
instances of outlandish settlements by arbitrators. Council-
woman Frankiewich reported that the Labor Relations Committee
recommended certain amendments to the bill and the City'~an~ger
read eight points recommended for amendment by the League of
California Cities.
Councilman Harvey stated he would be in favor of opposing the
bill in its entirety because if the Council opposes only cer-
tain portions it might appear to support the balance of the bill.
Councilman Harvey moved to support the resolutions o~ G~rd~n
Grove and Orange opposing SB 275. The motion was seconded by
Councilwoman Frankiewich with the provision that the Council
communicate to the State League its support of any amendments
they might recommend.
Councilman Kanel stated he would not be amenable to supporting
the two resolutions because they were blanket resolutions but
that he did oppose the bill in its present form and supported
the proposed League amendments.
Councilman Kanel moved a substitute motion that the City Council
oppose SB 275 in its present form and support the League's
eight amendments as well as any other proposed amendments
which are in the best interests of both government units and
public employees. The motion was seconded by Councilwoman
Sonju and unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich,
and Sonju
NOES: 0 COUNCILMEN: None
ABSENT: i COUNCILMEN: Lacayo
Harvey, Kanel
Councilman Harvey recommended that the City Manager notify
the State League of the Councit's opposition to SB 275 in
its present form and its support of the League's eight
amendments.
The Council approved Items #3 through 14a on the Consent
Calendar with the changes to Items #5, 7 and 9.
Item No. 3: Consideration of Claim for Damages.
Recommendation: That the City Council officially deny the
claim of Mr. Richard D. Stokes and refer it to the City's
insurance carrier and the Orange County Flood Control District.
Item No. 4: Consideration of Participation in the State-wide
Telecommunications Master System.
Recommendation: That the City Council refer this item to
the Administrative Coordinating Team and authorize the City
Manager to complete and return the survey to the State and
to continue to mQnitor the developments of this data servicing
program.
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Cjty Council ~inutes March 10, 1975
Item No. 6: Consideration of a Communication from
Cypress Resident.
Recommendation: Receive and file.
Item No. S: Consideration of a Communication from tile
City of La Palma Transmitting a Regulatory Ordinance to
Limit the Sale or Use of Fireworks.
Recommendation: Receive and file.
Item No. 10: Consideration of Claim Against the City
from the Southern California Edison Company.
Recommendation: That the City Council officially deny
this claim and refer it to the City's insurance carrier
for the appropriate disposition.
Item No. 11: Consideration of a Resolution
City of Placentia concerning the problem of
of Illegal Aliens.
from the
the Presence
Recommendation: Receive and file.
Item Noo 12: Consideration of Claim for Damages.
Recommendation: That the City Council officially deny
the claim of Mr. John C. Donahue and refer it to the
City's insurance carrier and the Orange County Flood
Control District for the appropriate disposition.
Item No. 13: Consideration of Proposed Position Class-
ification Amendment and Salary Changes.
Recommendation: That the City Council adopt the following
two resolutions by title only, titles as follows:
RESOLUTION NO. 1574
A RESOLUTION OF TRE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING RESOLUTION NO. 975 BY ADDING
A CLASS SPECIFICATION FOR THE POSITION OF PER-
SONNEL ASSISTANT TO ~tE POSITION CLASSIFICATION
PLAN FOR E~PLOYEES IN THE SERVICE OF THE CITY
OF CYPRESS.
RESOLUTION NO. 1575
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ESTABLISHING A BASIC COMPENSATION
PLAN, ESTABLISHING SALARIES FOR CITY E~IPLOYEES
PLACED UNDER THE BASIC COMPENSATION PLAN;
ESTABLISHING SALARIES FOR CITY E~IPLOYEES NOT
PLACED UNDER THE BASIC COMPENSATION PLAN; AND
REPEALING ALL CO~IFLICTING RESOLUTIONS OF THE
CITY COUNCIL.
Item No. 14: Consideration of Certification of Employment
List - Stenographer.
Recommendation: That the City Council certify the em-
ployment list for the position of Stenographer.
Item No. 14a: Consideration of Resolution Commending
Former Congressman Richard T. Hanna.
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City Council Minutes
March 10, 1975
Recommendation: That the City Council adopt the following
Resolution hy title only, title as follows:
RESOLUTION NO. 1576
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS COMMENDING RICHARD T. HANNA FOR
HIS OUTSTANDING PUBLIC SERVICE TO THE NATION,
THE COUNTY OF ORANGE, AND THE CITY OF CYPRESS.
CONTINUATION OF CONSIDERATION OF ADOPTING AN AMENDMENT
TO THE ZONING ORDINANCE: The City Manager presented a
report dated March 6, 1975 regarding the amendments
to the Zoning Ordinance approved at the February 24
Council meeting.
It was moved by Councilwoman Frankiewich, seconded by
Councilman Harvey and unanimously carried to read the
following Ordinance by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING VARIOUS PROVISIONS OF
ORDINANCE NO. 497, THE ZONING ORDINANCE OF
THE CITY OF CYPRESS.
It was moved by Councilwoman Frankiewich and seconded
by Councilman Harvey to approve the first reading of
the ordinance. The motion was unanimously carried by
the following roll call vote:
AYES: 4 COr~CILMEN: Frankiewich,
and Sonju
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
Harvey, Kanel
CONTINUATION OF CONSIDERATION OF CLARIFICATION OF
CITY ORDINANCE NO. 539 RE: TERMS OF COMMISSIONERS: The
City Manager presented a report dated March 6,
which transmitted an ordinance which provides
term to all City commissioners.
1975
a four-year
Councilman Harvey stated he approved the amendment to
the ordinance but opposed the ordinance in its present
form and the manner in which the terms are being limited.
Councilman Kanel felt the ordinance would prohibit
capable persons from being reappointed to a commission.
It was moved by Councilwoman Frankiewich, seconded by
Councilwoman Sonju and unanimously carried to read the
following Ordinance by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING ORDINANCE NO. 539 RELATING
TO THE TERMS OF MEMBERS OF COMMISSIONS AND
COMMITTEES.
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It was moved by Councilwoman Frankiewich and seconde~S
by Councilman Harve to a
· y pprove the first reading of
the ordinance. The motion carried by the following roll
call vote:
AYES: 3 COUNCILMEN: Frankiewich,
NOES: i COUNCILMEN: Kanel
ABSENT: I COUNCILMEN: Lacayo
Harvey and Sonju
CONTINUATION OF CONSIDERATION OF PROPOSED ORDINANCE
ESTABLISHING AN INDUSTRIAL AND COM~ERCIAL DEVELOPMENT
COMMISSION: The City Manager presented a report dated
March 6, 1975 regarding the composition of the Commission.
It was moved by Councilwoman Frankiewich, seconded by
Councilman Harvey and unanimously carried to continue
consideration of the industrial Commission to the March 24
meeting when the entire Council is present to discuss the
matter.
CONTINUATION OF CONSIDERATION OF NAIVE CHANGE FOR THE
ADVISORY TRAFFIC COMMITTEE: The City Manager presented
a report dated March 6, 1975 which transmitted an ordinance
changing the name of the Committee to the Traffic Commission.
It was moved by Councilwoman Frankiewich, seconded by
Councilman Harvey and unanimously carried to read the
following Ordinance by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING SECTIONS 16-8, 16-10 AND
16-10.1 OF THE CODE OF THE CITY OF CYPRESS
CHANGING THE DESCRIPTION OF THE ADVISORY
TRAFFIC COMMITTEE TO TRAFFIC COMMISSION.
It was moved by Councilwoman Sonju and seconded by
Councilman Harvey to approve the first reading of the
Ordinance. The motion was unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich, Harvey,
Kanel and Sonju
NOES: 0 COUNCILHEN: None
ABSENT: 1 COUNCILMEN: Lacayo
CONTINUATION OF CONSIDERATION OF EVALDAT'!'ON OF THE
CITY'S COMMUNICATION SYSTEMS: The City Manager pre-
sented a report dated March 6, 1975 which recommended
that this matter be continued until the staff receives
further information from the telephone company, the
consultant, and police organizations on an evaluat.io~.
of the City's system and needs.
The Council continued consideration of this matter to
the April 28, 1975 meeting.
CONTINUATION OF CONSIDERATION OF TWO-WAY RADIOS FOR
PUBLIC WORKS DEPARTMENT & PARKS DISTRICT: The City
Manager presented a report dated March 6 and a report
dated February 14, 1975 which recommended the purchase
of two-way radios for Public Works and Parks District
vehicles to improve communications with field crews.
The Public Works Director stated the radios would es-
pecially be of benefit in emergency situations.
Councilwomen Sonju and Frankiewich did not feel the
need for the equipment was entirely justified in
keeping with the City's policy of trying to reduce costs,
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City Council Minutes
March 10, 1975
~ that other pro3ects would have a higher priority.
Councilman Kanel felt the radios would be an appropriate
communications system for City vehicles and would be
useful in the event of a disaster, for example, if
utility lines are knocked down. Councilman Harvey felt
the equipment would be useful because of the many new
parks under development. The Council agreed to continue
this matter to the March 24, 1975 meeting.
CONSIDERATION OF GENERAL PLAN AMENDMENT #74-2: The
City }ianager presented a report from the Planning
Director dated March 4, 1975 which indicated the
Council's February 10 action in approving the amend-
ment was transmitted to the Airport Land Use Commission.
The ALUC determined that the amendment is incompatible
with the Los Alamitos Air Station's Adopted Comprehensive
Land Use Plan and is not in the best interests of the
air field and adjacent area because future residents
would be subjected to sight and sound aircraft disturb-
ances and possibly safety hazards.
The Council agreed to continue this matter to the
March 24, 1975 meeting to allow consideration by a full
Council.
CONSIDERATION OF HOUSING & COMMUNITY DEVELOPMENT ACT
OF 1974: The City Manager presented a report from the
Planning Director dated March 5, 1975. The Planning
Director reiterated that public hearing notices were
posted in three public places and advertised in the
newspaper, articles outlining the Act were published,
and, as a courtesy, property owners in the project area
were mailed special notices of the hearings.
Councilwoman Sonju felt that the notices could have been
mailed earlier than three days prior to the Councjl
hearing since one of those days was a holiday for the
post office and one out-of-town property owner received
the notice the day after the hearing. She felt all
property owners should be given an opportunity to voice
their opinions on the project.
Councilwoman Sonju moved that the City Council readvertise
and hold the public hearing again. The motion died for
lack of a second.
It was the consensus of the Council to receive and file
the matter regarding the Housing and Community Development
Act of 1974.
RECESS:
Councilwoman Sonju recessed the meeting at 6:00 p.m. until
7:30 p.m.
CALL TO ORDER:
Councilwoman Sonju called the regular meeting of the Cypress
City Council back to order at 7:40 p.m. with the following
Councilmen present:
PRESENT:
ABSENT:
Councilmen Frankiewich,
and Sonju
Mayor Lacayo
Harvey, Kanel,
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Also present were DarTell Essex, City Manager/City C~
City Attorney John Murphy, and the following members
the City Staff: Bryant, Duke, Dunlap, Hawley, Osborn,
and Schatzeder.
PLEDGE OF ALLEGIANCE: Councilman Harvey led the pledge
to the flag0
The City Manager reviewed the Council's actions taken
during the afternoon session.
ORAL COMMUNICATIONS: Councilwoman Sonju
anyone in the audience wished to speak on
on the agenda.
inquired if
any matter not
Mr. Ed Jabbour, 11300 Providencia, Cypress, asked for a
progress report on the problem of asphalt bikeways on
Valley View, Holder and Orangewood.
Councilwoman Sonju advised him that the staff had met
with the developer in order to reach a solution and
that this should be presented at the March 24 meeting.
Councilman Harvey reported on a meeting held in Washington
with federal officials regarding the Federal Flood In-
surance Act and on the report given by the Army Corps
of Engineers regarding the flood hazard in Orange County.
He outlined the Santa Ana River flood plain areas in
Orange and San Bernardino Counties and the Corps of
Engineers proposal, approved by the Orange County
Board of Supervisors, to enlarge Prado Dam, build a new
dam at Mentone, and widen the Santa Ana River channel.
He reported that Cypress was included in the 200-year
flood area and was required to obtain federal flood
insurance. Councilman Harvey asked the staff to explain
the flood insurance program.
The Public Works Director reported that the City was
authorized to sell flood insurance effective February
26, 1975 and that the coverage on single family structures
is $35,000 and $10,00~ on contents, on multiple-family
units the coverage is $100,000 and $100,000 coverage for
commercial businesses. The Public Works Director
reported that the Federal Insurance Administrator
would be conducting a study to determine the City's
flood water level for a 100-year storm and public
hearings on this would follow° He discussed the effect
on future construction of the adoption of the flood water
level.
Councilwoman Sonju noted that it was time to conduct the
public hearing and she opened the following public hearing
and continued it until 8:30 p.m.:
PUBLIC HEARING P~: APPEAL OF CONDITIONAL USE
PER~IT #74-21.
Councilwoman Sonju read a letter addressed to ~he Council
regarding a welcoming for the new paramedic unit at the
Tri-Cities Fire Station to be held March 15 at l0 a.m.
She indicated the public was invited to attend. Council-
woman Sonju also read a letter from the State Manager
of the Insurance Services Office which indicated the
Cj~y's new fire rating would not be published for about
six to nine months. The staff indicated it anticipated
the rating would be changed from 6 to 5 or 4.
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City Council Minutes
March 10, 1975
Councilwoman Sonju read a letter from Cypress resident,
Natalie Monet in which she expressed opposition to the
City adopting an ordinance which would require a vote of
the people on amendments to the General Plan.
CONSIDERATION OF PUBLIC t~ARING RE: APPEAL OF CONDITION-
AL USE PERMIT #74-21: Councilwoman Sonju reopened the
public hearing regarding the appeal of C.U.P. #74-21
and asked the staff to present its report.
The Planning Director presented slides illustrating the
existing mixture of uses at the drive-through dairy,
site characteristics and adjacent uses. He presented
a report dated ~arch 4, 1975 which transmitted the
staff reports on the application, and Planning Commission
minutes of the meeting at which the Commission approved
the addition of gas pumps, and the letter to the applicant
containing the conditions of approval. He reviewed
the conditions applied to the use. The staff answered
questions from the Council regarding parking, the median
and median break, and sewer installation and removal
of the property from the Midway Sanitary Sewer District.
Councilman Kanel asked to see the petitions in opposition
to the gas pumps signed by residents in the area and the
Planning Director stated the petitions did not conform
to the City's petition ordinance and that he had so advised
those who submitted the petition. He transmitted the
petitions and individual pieces of correspondence to the
City Council.
Councilwoman Sonju asked if the applicant wished to speak.
Mr. Tom Van Ruiten, 12517 206th Street, Lakewood, Calif-
ornia, stated his desire to augment his present business
was because of the uncertainty of the milk industry. He
stated there were no cut-rate gas stations within a two
mile radius of the dairy store and he felt by under-
selling the competitors he would provide a service to
the area. Mr. Van Ruiten requested that the Council grant
a six month trial period to determine if the traffic
volume will be substantially increased because of the
addition of gas pumps to warrant the median break and
the six foot wall on the north property line. He requested
that Conditions #19 and 20, regarding installation of
a sewer connecting the property with the City's system,
be waived since he was not the property owner and would
not benefit from the improvements. The applicant stated
he would be willing to post a bond for the construction
of the six-foot wall and median opening if the City
determines them to be necessary in the future.
The City Attorney stated the Council could not accept
the petition since it did not conform to the City's
petition ordinance and he passed on to the Council
the individual correspondence received concerning the
application. Councilman Kanel expressed concern that
a matter o~ neighborhood interest was still subject
to the petition ordinance which he felt was geared to
more significant, City-wide issues, and that persons
~n this case, ceuld not voice their objections. He
r~commended that the ordinance be repealed.
Councilwoman Sonju asked if anyone wished to speak in
favor o~' C.U.P. #74-2l. No one wished to speak in favor.
She asked for speakers in opposition.
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Mr. A1 Arnold, 5911 Santa Catalina, Garden Grove,
California, Vice President of the California Service ~
Station Association, read State Assembly Resolution
#181 which encourages local officials to restrict the
openings of new retail gas outlets during the energy
shortage. He felt there were ample stations in the
area. Mr. Arnold stated a hazardous traffic condition
existed for traffic entering Valley View from Santa
Catalina and he felt the coordination of traffic
signals would improve conditions only if motorists
comply with the speed limit.
Mr. Mark Winsberg, 11699 Guam Circle~ Cypress, stated
he felt the property was being overused with the
present operations and he felt the increased traffic
on the site would present a danger to pedestrians,
especially children.
Mr. Ed Sibbey, 11698 Guam Circle, Cypress, felt the
dairy operation was very profitable and that the
applicant did not need to enlarge his operation° He
felt factors contributing to a hazardous traffic
situation in this area were the high speed of traffic
on Valley View, difficulty of entering Valley View
from Noumea and Santa Catalina, and fact that the
three south-bound traffic lanes on Valley View converge
to two lanes at Noumea Street.
Mr. Tom Paulsen, 5968 Noumea, Cypress, stated he was
opposed to the storage and dispensing of volatile
liquids near his property and the gas fumes. He did
not feel the size of the property was adequate for the
various uses and he felt the low fence on the north
property line did not protect his privacy.
Mr. Mel Roberts, 5894 Apia Drive, Cypress, owner of a
Shell service station, stated more service stations
were implementing a self-service program and he did
not feel the applicant would realize the price savings
on gas that he anticipated.
The applicant responded to the comments and questions
of the speakers. He stated that at present there is
a 10 percent gas surplus which results in lower prices
and he did not think this situation would continue°
He felt he was entitled to enlarge his operation since
the use is in accordance with the Zoning Ordinance and
General Plan. He felt the area did not have a poor
accident record and again requested the six month
extension to determine the need for the improvements.
Councilman Kanel stated he did not feel this was the
best location for the type of use proposed because of
the arterial street and property characteristics.
Councilwoman Sonju closed the public hearing.
Councilwoman Frankiewich supported the property owner's
right to develop the property for permitted uses and
she felt several of the conditions were unreasonable
and that others would result in improving the property°
She did not support the concerns of competitor service
stations since they operated in a free enterprise system~
She did not feel the sewer installation or median break
were necessary or that there would be a substantial
traffic increase caused by the new use. She suggested
that the developer of the single family tract to the
west erect the wall on the west boundary and that Garden
Grove be contacted to effectuate traffic controls at
Santa Catalina Street.
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~ Elty Uouncil MlnuLes March Iu,
C,~o~3~ilwoman Sonju did not support the proposed gas
p~ps installation stating she was opposed to their
location, the effect of gas fumes on adjacent residents
and she questioned whether gas prices would be lowered.
She stated the residences existed prior to the dairy
business and felt the non-conforming signs added to
a maintenance problem on the property° She felt the
on-site traffic circulation was dangerous as well as
traffic problems on Valley View at Noumea and Santa
Catalina and she felt the traffic would increase.
Councilwoman Sonju felt the dairy operation was a good
business and good neighbor to the residences but felt
the sale of gasoline was incompatible with present uses.
She suggested that the applicant expand the operation
through the sale of more produce, wholesale bakery,
or plants to be more compatible with the dairy and food
sales. She did not support the negative declaration
that the use will not have a negative impact on adjacent
properties and questioned what exceptional circumstances
existed to warrant the variance.
It was moved by Councilwoman Sonju and seconded by
Councilman Kanel to uphold the appeal and deny Condi-
tional Use Permit #74-21. The motion carried by the
rollowing roll call vote:
AYES: 3 COUNCIL~,~N: Harvey, Kanel
NOES: 1 COUNCILMEN: Frankiewich
ABSENT: 1 COUNCILMEN: Lacayo
and Sonju
~ECESS:
Councilwoman Sonju called for a recess at 10:05 p~m. The
meeting was called back to order at 10:15 p.m. with all
Councilmen present except Mayor Lacayo.
CONTINUATION OF CONSIDERATION OF REPORT ON INVESTIGATION
OF SPECIAL INTERESTS INVOLVED IN THE DEVELOPMENT OF THE
PROPERTY ADJACENT TO TRE LOS ALAMITOS NAVAL AIR STATION:
The City Manager summarized a report dated March 10,
1975 which included a zoning history and history of
development proposals for the property, a financial
analysis of the effect on the City's tax base of various
development programs and the affect of various develop-
ments on school districts, and the positions of special
interest individuals and groups~
Councilman Harvey stated he had attended a recent meeting
of the League of Cities Transportation Committee at which
time a spokesman for the aviation industry pointed out
there would be a push towards a joint commercial/military
use of the nation's airports. Councilman Harvey expressed
concern that supporters of such a conversion would
probably be community members since he did not feel this
would be supported by military facilities.
Councilman Kanel inquired about the status of the Navy
acquiring the Nike base and the City Manager reported
that Congress had authorized the property exchange from
the Army to the Navy but that the exchange would be
for either the E1Toro or Santa Ana facility and not
for the Los Alamitos Air Station. He reported that Con-
gressional funding or authorization was not given for
the Navy to acquire 45 acres of Harvey property which
it is leasing or additional triangular pieces at the
southwest corner of Katella and Valley View. He stated
the Navy may have a plan to acquire additional property
but it has not yet been presented to Congress.
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City Council Minutes March 10, 1975
The City Manager reported that prior to today's mee~in~
the staff had received a letter from one of the Harvey
property owners which indicated that the owners and
staff had not yet reached agreement on whether or not
a development program should be pursued.
Mr. Mike O'Connell, attorney representing the Arlan
Company, responded to questions from Councilman Kanel
and stated the property owner was aware of the referendum
proposed for the 20 acre wedge property° He stated the
property owner had discussed with staff the possibility
of a development plan which would be presented to the
voters and that the owner was aware of the ordinance
requiring a vote on a change of industrial property To
residential. Councilman Kanel felt a referendum on the
Harvey property was a strong possibility° Mr. O'Connell
stated the City staff acknowledged that the total
property could not be developed industrially and that
it would take approximately 20 to 60 years to develop
industrial sites. He stated the owner was attempting
to put together a proposal that would be supported by
the staff and citizens.
The City Manager stated he was in the process of re-
viewing the signatures on the referendum petition for
the wedge property and that, if a plan acceptable to
the property owner and staff is submitted for the
Harvey property, both properties could be placed on the
same ballot. He stated that the letter from the property
owner indicated the owner was not satisfied such a plan
could be developed within this timeframe.
It was moved by Councilman Harvey and seconded by Council-
man Kanel that the Council, in addition to the six rec-
ommendations which were approved at the Council mee%ing
of February 24, 1975, further authorize the City Manager
to pursue the status of the Los Alamitos Naval Air
Station with federal legislators and Department of
Defence officials and further disseminate the information
contained in the staff report to the citizens of Cypress
at the scheduled public meetings throughout the City, and
that this matter be placed on the next agenda for further
consideration by the Council. The motion was unani-
mously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich, Harvey,
and Sonju
NOES: 0 COI~CILMEN: None
ABSENT: i COUNCIL~EN: Lacayo
Kanel
~r. Joe Hardcastle, 4588 Blanca, Cypress, felt the
taxpaying citizens of Cypress and City bureaucracy should
be included as special interest groups in the Harvey report.
He stated that taxpayers were vitally concerned with
development of the property since their taxes would be
affected.
CONSIDERATION OF ADOPTION OF ORDINANCE ESTABLISHING
INSPECTION FEES FOR FARM LABOR CAMPS: The City Manager
presented a report dated March 6, 1975 which indicated
that, in conjunction with the Council's action of naming
the County Health Department as the enforcement agency
for the inspection and regulation of farm labor camps,
the City is required to adopt a schedule of inspection
fees and designate the Health Department as the collector.
-12 -
City Council Minutes March 10, 19~0
{',~,~as moved by Councilwoman Frankiewich, seconded by
Councilman Harvey and unanimously carried to read the
following Ordinance by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ADDING ARTICLE VI TO CHAPTER 13 OF
THE CYPRESS CITY CODE RELATING TO FARM LABOR
CAMPS.
It was moved by Councilman Harvey and seconded by Coun-
cilwoman Frankiewich to approve the first reading of the
Ordinance. 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 SCHEDULING A PUBLIC HEARING ON REVOCATION
OF A PRIVATE PATROL PERMIT: The City Manager presented
a report dated March 6, 1975 concerning the possible
revocation of a private patrol permit for Mid-Cities
Private Patrol Service.
It was moved by Councilman Kanel and seconded by Council-
man Harvey to schedule this hearing on March 24, 1975.
The motion was unanimously carried by the following roll
call vote:
AYESi 4 COUNCILMEN: Frankiewich, Harvey, Kanel,
and Sonju
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
CONSIDERATION OF A PERSONNEL APPEAL: The City Manager
presented a report dated March 6, ]975 which recommended
that a hearing be scheduled through the Office of Adminis-
trative Hearings in the matter of a personnel appeal by
Police Office Dwight Massey resulting from his layoff with
an unsatisfactory service record°
It was moved by Councilman Harvey and seconded by Council-
man Kanel to adopt the following Resolution by title only,
title as follows:
RESOLUTION NO. 1577
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, CALIFORNIA, SETTING A REARING,
REQUESTING THE OFFICE OF ADMINISTRATIVE
HEARINGS TO FURNISH A HEARING OFFICER THEREFOR
AND DESIGNATING THE SAME AS THE OFFICIAL HEARING
OFFICER FOR SAID REARING IN THE MATTER OF
DWIGHT MASSEY.
The motion was unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEN: Frankiewich,
and Sonju
NOES: 0 COUNCILMEN: None
ABSENT: 1 COdICILMEN: Lacayo
Harvey, Kanel,
-13-
City Council Minutes March lO, 1975
CONSIDERATION OF REQUEST FOR ALLOCATION OF STATE FUNDS
TO IMPROVE ORANGE AVENUE CROSSING PROTECTION AT THE
SOUTHERN PACIFIC RAILWAY: The City Manager presented a
report from the Public Works Director dated February 26,
1975 recommending that the City request an allocation of
funds from the State Crossing Protection Fund for crossing
protection at Orange Avenue and the Southern Pacific
Railroad. The staff indicated that street improvements
were previously constructed.
It was moved by Councilman Harvey and seconded by Council-
woman Frankiewich to adopt the following Resolution by
title only, title as follows:
RESOLUTION NO. 1578
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AUTHORIZING THE SUBMISSION OF A
REQUEST TO THE PUBLIC UTILITIES COMMISSION
FOR FUNDS FRO~ TRE CROSSING PROTECTION FUND
FOR PROTECTION OF CROSSING NO. BBL-505.76
AT THE CROSSING OF THE SOUTHERN PACIFIC
TRANSPORTATION COMPANY AND ORANGE AVENUE.
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
Ka~el,
CONSIDERATION OF APPROPRIATION OF FUNDS FOR CONSTRUCTION
OF STORM DRAIN ON ORANGE AVENUE FROM MOODY STREET TO
GRINDLAY STREET~ CITY PROJECT #7517-20: The City Manager
presented a report from the Public Works Director dated
February 26, 1975 which outlined the budget transfers and
appropriations necessary for the storm drain project on
Orange Avenue for the Church of Jesus Christ of Latter
Day Saints.
It was moved by Councilwoman Frankiewich and seconded
by Councilman Kanel to authorize a budget transfer from
the General Fund Reserve to the General Operating Fund
and appropriate $27,689°50 to Account #10-42123-186 and
authorize a budget transfer from the General Fund Reserve
to the General Operating Fund and appropriate $1,000 to
Account #10-42123-001. 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 ASSEMBLY BILL 15: The City Manager
suggested that the Council appoint a representative to
attend the hearing in Sacramento on March 17 regarding
AB 15 which could have a direct negative impact on the
City's undeveloped property.
It was moved by Councilman Kanel and seconded by Council-
man Harvey to authorize the attendance of the City Attorney
and any Council member who wishes to attend at the March 17
hearing in Sacramento regarding AB 15 and that they be
reimbursed for all actual and necessary expenses. The motion
-14-
City Council Minutes March 10, 1975
was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Frankiewich, Harvey, Kanel
and Sonju
None
Lacayo
CONSIDERATION OF PRELIMINARY BUDGET DISCUSSIONS: The
City ~lanager stated the staff had set a priorY'[y schedule
to balance the fiscal problems over the next three years
and he outlined the following areas in which reductions
might occur: travel and meeting expense accounts, news-
letter costs, the refuse dumping program, crossing guards,
and street sweeping programso He suggested that if
the Council has other areas to review during the budget
meetings that they contact his office.
The Council continued this matter to the March 24, 1975
meeting.
CONSIDERATION OF PROPOSED PUBLIC ~ETINGS: The City
Manager reported that letters had been mailed to all
Cypress residences advising citizens of the schedule
of proposed public meetings. He requested guidance
from the Council on the content and format of these
meetings. He noted that the first meeting was scheduled
For this Thursday, March 13, at Cypress High School.
Councilman Kanel felt the first meeting date had approached
very quickly and suggested that the first one or two
meetings be postponed especially since the City was
3waiting information from the Defence Department° Council-
woman Sonju suggested that notices of the first meeting
be sent home with school children but Councilman Harvey
did not feel this was the proper method of distribution°
Councilman Harvey stated that it was his previous suggestion
that invitations be mailed out to residents in the separate
geographical areas where the meetings would be held as
well as to signers of the initiative and referendum petitions.
He s~gested that a slide presentation be made on the City's
tax structure, a zoning history of the Harvey property,
and that the findings in the City Manager's report regarding
special interests be transmitted to the public~ He felt
the erroneous information circulated throughout the City
should be clarified.
The City Manager felt the meetings would have to be delayed
about 30 days to prepare this type of presentation and to
include information from the Defence Department on the status
o[ Los Alamitos Air Station.
Councilman Kanel inquired about the status of the refer-
endum petition and the City Manager stated he would probably
be certifying the results to the Council at the April 14
ineeting at which time the Council would have to rescind
the resolution approving the General Plan amendment on the
20 acre unincorporated property or call a special election.
Councilman Kanel felt it was important to disseminate
the information at the meetings as soon as possible.
It was moved by Councilwoman Frankiewich and seconded by
Councilman Kanel that the staff present a new schedule
of meetings for April at tile next Council meeting and
include a summary of the presentation for the public
meetings. The motion was unanimously carried by the
-15-
City Council Minutes March 10, 1975
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 LIST
FOR WARRANTS #37873-37963: It was moved by Councilwoman
Frankiewich and seconded by Councilman Kanel to approve
the Commercial Warrant List for Warrants #37873 through
37963 in the total amount of $710,258.55. 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~
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST
Kanel
FOR WARRANTS #4038-4058 AND 281-284: It was moved by
Councilwoman Frankiewich and seconded by Councilman
Kanel to approve the Recreation and Park District Com-
mercial Warrant List for Warrants #4038 through 4058
and 281 through 284 in the total amount of $930,421.68o
The motion was unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Frankiewich, Harvey, Kanel
and Sonju
None
Lacayo
SECOND READING OF ORDINANCE RELATING TO BICYCLE LICENSING:
It was moved by Councilwoman Frankiewich, seconded by
Councilman Kanel and unanimously carried to read the
following Ordinance by title only, title as follows:
ORDINANCE NO. 545
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ADDING CHAPTER 4 TO THE CODE OF THE
CITY OF CYPRESS RELATING TO BICYCLE LICENSING.
It was moved by Councilwoman Frankiewich and seconded
by Councilman Kanel to adopt Ordinance No. 545. 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 TENTATIVE TRACT #8872: The City Attorney
advised that the applicant in this case should consent
to a continuance or the Council would have to take action
this evening.
Mr. Dennis McLaughlin, representing Foley Construction
Company, 17341 Irvine Boulevard, Tustin, California,
requested that action not be delayed.
Councilwoman Sonju continued this matter until later
in the meeting.
-16-
City Council Minutes March lO, 1975
-~Q~DERATION OF AIRPORT LAND USE COMMISSION: It was
~ by Councilwoman Sonju and seconded by Councilman
Harvey that the City establish a policy whereby the
City would transmit decisions to the Airport Land Use
Commission following final action by the City Council
and not the Planning Commission.
The City Attorney stated that decisions by the Planning
Commission are not required to be transmitted to the
Airport Land Use Commission and are presently transmitted
only as a courtesy.
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 TENTATIVE TRACT #8872: The Planning
Director presented a report dated March 4, 1975 which
transmitted Staff Report PC#75-2 dated February 14,
1975 describing a proposed seven unit single-family
development at the southwest corner of Orange Avenue
and Juanita Street. The Planning Director presented
the plot plan, floor plans and elevations and stated
adjustments were required to allow the 54 foot parcel
widths and to allow three units to encroach within 15
feet of the front property line. He explained that the
corner cut-off on Lot #1 would become part of the park-
way and the fence on Lot #1 would be decreased to three
feet in height at the corner to provide adequate sight
distance.
Mr. Dennis McLaughlin, representing Foley Construction
Company, the applicant, explained that there was no
specific requirement for a three foot high wall on Lot
#1 but the applicant agreed the wall should not exceed
three feet in height for safety reasons.
It was moved by Councilwoman Frankiewich and seconded
by Councilman Harvey to approve Tentative Tract #8872
subject to the conditions recommended by the staff° 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 PARTICIPATING IN TH]~ NATIONAL ENDOWMENT
FOR THE ARTS PROGRAM: The City Manager presented a
report from the Arts and Cultural Commission dated March
6, 1975 which recommended the City's participation in
the National Endowment for the Arts Program which would
include performances by the Gloria Newman Dance Theater°
Councilman Harvey felt last year's program was one of the
more successful City programs and had received Federal
funding and community support.
It was moved by Councilman Harvey ~nd seconded by Council-
woman Frankiewich to approve the Arts and Cultural Com-
mission's recommendation and authorize a $1,000 expenditure
for the National Endowment for the Arts Program. The motion
-17-
City Council Minutes
March 10, 1975
was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich,
and Sonju
NOES: 0 COUNCILMEN: None
ABSENT: i COUNCILMEN: Lacayo
Harvey, Kanel
The Council continued Items #30, 34, 35 and 36 to the
March 24, 1975 meeting.
ORAL COMMUNICATIONS:
Mr. Donald Hudson, 6153 Lawrence Street, Cypress, reported
on a one day program to be held March 27 at UC Riverside
entitled "The Food Dilemma and a Hungry World" at which
the author of AB 15, Assemblyman Charles Warren, would
speak. He felt this would be a good opportunity for the
City staff to obtain a background on the bill.
Brief discussion was held regarding the appointments
scheduled to be made by the City Selection Committee at
an April l0 Committee meeting and it was agreed by the
Council to continue this matter to the next meeting.
ADJOURNMENT:
It was moved by Councilwoman Frankiewich,
Councilman Kanel and unanimously carried
meeting at 12:05 a.m.
seconded by
to adjourn the
ATTEST:
-18-