Minutes 72-06-12MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
June 12, 1972
The regular meeting of the Cypress City Council was called to orderat
4:04 p.m., on Monday, June 12, 1972, in the Cypress City Council Chambers,
5275 Orange Avenue, Cypress, California, b~yor Pro Tam Frankiewich presiding.
PRESENT: Councilmen Frankiewich, Harvey, Hanet and Roberrs
ABSENT: Mayor Lacayo
Also present was CityManager/City Clerk DarTell Essex.
STAFF REPORTS ~ND DISCUSSIONS:
At the request of the City Manager, it was moved by Councilman Roberrs, seconded
by Councilman Kanel and unanimously carried to place on the agenda as Item No.
35, the consideration of the acquisition of the Moody Street school property
for park and recreational purposes; and further, to place the continuation of
the consideration of the 1972/73 fiscal year budget on the agenda as Item No. 36.
It was moved by Councilman Roberrs, seconded by Councilman Hanel and unanimously
carried to place on the agents for consideration at this time, Senate Bill
1118, Assembly Bill 452, Assembly Bill 206, and Senate Bill 490.
It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously
carried that the City Council direct the City Manager to draft a letter, to be
signed by the Mayor, and sent to the author and to the appropriate State legislators,
urging support of SB 1118, pertaining to subdivision regulations.
It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously
carried that the City Council direct the City Manager to draft a letter, to be
signed by the Mayor, and sent to the author and to the appropriate State legislators,
expressing the City's opposition to AB 206, pertaining to compulsory and binding
arbitration.
Following a discussion on SB 490, regarding sidewalks, it was requested that
a copy of this legislation be provided to the City Council at its next regular
meeting, scheduled to be held on June 26, 1972.
It was the general consensus of the City Council to consider various items on
the agenda, at this time.
CONSENT CALENDAR:
The Mayor announced that all matters listed under "Consent Calendar" were to be
considered by the City Council to be routine, and enacted by one motion approving
the recommendation contained in the Administrative Report concerning the matter.
It was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously
carried to approve Items No. 4 through 12 on the Consent Calendar.
Item No. 4: Consideration of receipt of Orange County Mosquito Abatement District
Minutes of the meeting held May 18, 1972.
Recommendation: Receive and file.
Item No. 5: Consideration of adoption of a Resolution of commendation for Miss
Dabbit Fike for her outstanding performance at the Olympic gymnastics finals in
Long Beach.
City Council Minutes
June 12, 1972
Recommendation: That the City Council adopt the following Resolution by title only,
title as follows:
RESOLUTION NO. 1259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING MISS DEBBIE FIFE FOR HER OUTSTANDING PERFORMANCE
AT THE OLYMPIC GYMNASTICS FINALS IN LONG BEACH.
Item No. 6: Consideration of certification of employment list for Reprographic
Technician~
Recommendation: That the City Council certify the attached employment list, as
submitted°
Item Noo 7: Consideration of adoption of Resolution commending Boy Scout Thomas
Mayotto on achieving the rank of Eagle Scout°
Recommendation: That the City Council adopt the following Resolution by title only,
title as follows:
RESOLUTION NOo 1260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING CYPRESS BOY SCOUT THOMAS MAYOTTE ON ACHIEVING
THE RANK OF EAGLE SCOUT°
Item Noo 8: Consideration of adoption of Resolution commending Boy Scout Daniel
Anderson on achieving the rank of Eagle Scout°
Recommendation: That the City Council adopt the following Resolution by title
only, title as follows:
RESOLUTION NOo 1261
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING BOY SCOUT DANIEL ANDERSON ON ACHIEVING THE RANK
OF EAGLE SCOUT,
Item No. 9: Consideration of petition requesting a cul-de-sac on Myra at Saltair
Drive~
Recommendation: That the City Council refer the request for a cul-de-sac at Myra
Avenue and Saltair Drive to the Advisory Traffic Committee for further report and
recommendation.
Item Noo 10: Consideration of a 12-month extension of the lease with the Cypress
Chamber of Commerce for the use of the Frank P. Noe Community Center.
Recommendation: That the City Council request the City Attorney to prepare a
12-month extension of the lease between the City and the Cypress Chamber of
Commerce for the use of the Frank P. Noe Community Center, without any changes
in the terms or conditions, and further authorize the Mayor to sign the lease
extension and the City Clerk to attest the signature~
Item No. 11: Consideration of City audit report.
Recommendation: Receive and file.
Item No. 12: Consideration of claim for damages submitted by Mr. James Lo Turner°
Recommendation: That the City Council deny the claim of James L. Turner and refer
the matter to the City's insurance carrier for appropriate action.
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City Council Minutes
June 12, 1972
It was then moved by Councilman Kanel, seconded by Councilman Roberrs and
unanimously carried to consider Item No, 22 on the agenda, and to continue
with other items as time permits,
CONSIDERATION OF SUBMITTING A GRANT PROPOSAL UNDER THE LAND AND WATER CONSERVATION
FUND PROGRAM TO THE BUREAU OF OUTDOOR RECREATION: The City Manager presented a
report dated June 7, 1972, which indicated that at its adjourned meeting of April
17, 1972, the City Council authorized the staff to prepare a grant proposal and
to submit a Notice of Inten'c in order that the City might possibly receive
federal assistance for acquisition and development of the Oak Knoll Park site°
MAYOR LACA'~O ARRIVED AT 5:03
It was moved by Councilman Roberrs and seconded by Councilman Harvey to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO~ 15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF
CYPRESS, APPROVING THE APPLICATION FOR LAND AND WATER
CONSERVATION FUNDS FOR THE OAK KNOLL PARK PROJECT~
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN~
ABSENT: 0 COUNCILMEN~
ABSTAINED: 1 COUNCILMEN~
Frankiewich, Harvey, Kanel and Roberrs
None
None
Lacayo
Mayor Lacayo indicated that he had abstained from voting on this particular
item as he had not been present during the discussion°
It was moved by Councilman Roberrs and seconded by Councilman Harvey to adopt the
following Resolution by title only, title as follows:
RESOLUTION NOo 16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF
CYPRESS, APPROVING THE APPLICATION FOR LAND AND WATER
CONSERVATION FUNDS FOR THE OAK KNOLL PARK - COMMUNITY
CENTER PROJECT~
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Roberrs and Lacayo
None
None
CONSIDERATION OF ADOPTION OF THE CYPRESS RECREATION AND PARK DISTRICT PRELIMINARY
BUDGET: The City Manager presented a report dated June 8, 1972, which indicated
that the State of California Public Resources Code, which governs the operation
of the Cypress Recreation and Park District, requires that the Council adopt a
preliminary budget for the District and establish a Public Hearing date to adopt
the final budget°
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City Council Minutes
June 12, 1972
It was moved by Councilman Harvey and seconded by Councilman Roberrs to adopt
the preliminary budget of the Cypress Recreation and Park District and establish
June 26, 1972, 8:00 p~m0 in the Council Chambers as the time and place for the
Public Hearing to consider the adoption of the final budget for the Cypress
Recreation and Park District/. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Roberrs and Lacayo
None
None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 1514 THROUGH
1562 (RECREATION & PARK DISTRICT): It was moved by Councilwoman Frankiewich and
seconded by Councilman Roberrs to approve the Recreation and Park District Commercial
Warrant List for Warrants No! 1514 through 1562 in the total amount of $42,508°99°
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN~
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanal, Roberrs and Lacayo
None
None
CONSIDERATION OF ANNUAL REqUALIFICATION OF PARTICIPATING CITIES IN THE COUNTY OF
ORANGE ARTERIAL HIGHWAY PINANCING PROGRAM: The City Manager presented a report
dated May 31, 1972, from the Public Works Director, which indicated that each year
the cities participating in ~he A~terial Highway Financing Program must adopt
a Resolution by July 1 iniorming the Advisory Committee as to whether or not any
changes to the Azterial Highway Master Plan have been made within the City, and to
request ~hat any changes be adopted into the County Arterial Highway Master Plan and
be made eligible for inclusion in the program°
It was moved by Councilman Harvey and seconded by Councilman Robarts to adopt
the following Resolution by ~itle only, title as follows:
RESOLUTION NOo 1262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
INFORMING THE COUNTY ARTERIAL EINANCING ADVISORY COMMITTEE
THAT NO CHANGES ARE REQUESIED FOR iNCLUSION IN THE COUNTY
ARTERIAL HIGHWAY MASTER PLAN~
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN~
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Roberts and Lacayo
None
None
CONSIDERATION OF WEED ABATEMENT PROGRAM - APPROVAL OF SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE FOR BIDS: The City Manager presented a report dated June 7, 1972
from the Public Works Direc~cr, which indicated that under the contract proposed
to be awarded, the City will abate seasonal and recurring weeds already declared
a public nuisance as seasonal and recurring during the surmner of 1972, and will
abate weeds and rubbish during the spring of 1973~
It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to
approve the specificationa for the 1972/73 £iscal year Weed Abatement Program,
and to authorize the City Clerk to advertise for bids to be received at 10:00 a~m~,
on July 5, 1972~ The motion was unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Roberrs and Lacayo
None
None
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City Council Minutes
June 12, 1972
CONSIDERATION OF APPROVAL OF REVISED PLANS ANDSPECIFICATIONSAND'AUTHORiZATION
TO ADVERTISE'FOR'BIDS~HOLDERSToFROM'ORANGE'AVE;'TO'BALL'RD~i~PROJ~N~'7102~IO-
0553| The City Manager presented a report dated June 7, 1972; from =he Public
Works Director, which indicated that the project will consist of the construction
of curb and gutters sidewalk, drainage facilities, bridge widening at the Carbon
Creek Channels removal and replacement of pavement on Holder Street from Orange
Avenue to Ball Roads and the modification of the traffic signal at Holder Street
and Ball Road.
It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously
carried to table this item, as it was felt that the Public Works Director should
be present to answer certain questions regarding the matter.
'CONSIDERATION OF CLOSURE OF ORANGEWOOD AVENUE--TENTATIVE TRACTS NO. 6932 AN~ 7424:
The City Manager presented a report dated Jdne 8, 1972, from the Public Works
Director, whiCh advised the= as a condition of approval of Tentative Tract #6932
and Tentative Tract #7424, both the Larwin Company and S & S Construction Company
are required to improve a portion of Orangewood Avenue between Valley View Street
and the easterly tract borders.
It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich thet
the City Council grant permission for Larwin Southern California, Inc. and S & S
Construction Company to close Orangewood Avenue east of Luzon Street to New
Zealand Street, from June 19s 1972 to July 24s 1972s subject to the conditions
outlinnd in :he report from the Public Works Director with the following added
condition: That the Larwin Company and Shap~ll Industries be required to notify the
residents of the affected areas by mail, of their alternate routes; and, further, that
signs indicating the alternate routes be appropriately placed° The motion was
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, Hanel, Roberrs and Lacayo
None
None
CONSIDERATION OF AUTHORIZATION TO INITIATE ANNEXATION NO. 72-2UNDER THE UNINHABITED
ANNEXATION ACT OF 1939: At ~the request of the City Manager, it was moved by
Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to table
the consideration of this item until such time as a map of the area is presented
for City Council review°
CONSIDERATION OF STATUS REPORT ON THE CONDITION OF THE LEAL DAIRY: It was moved
by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to
table the consideration of this matter to the evening session of the City Council.
CONSIDERATION OF STATUS REPORT ON THE AIRPORT LAND USE COletISSION: At 'the request
of the City Manager, it was moved by Councilman HArvey, seconded by Councilman
Roberrs and unanimously carried to table the consideration of this item to the
evening session of the City Council, ac Which time the City Attorney is scheduled
to be present.
CONSIDERATION OF ENVIROE~4ENTAL ENHANCEMENT PROGRAM: The City Manager presented
a report dated June 9, 1972, Which stated that the City Council, at its regular
meeting of May 22nd, requested that the consideration of the Orange County Division
of the League of California Cities report on environment enhancement, using revenues
from sales tax on gasoline, be placed on the June 12th City Council agenda.
It was moved by Councilman Roberrs and seconded by Councilman Harvey to adopt
the following Resolution by title only, title as follows:
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Ctx:y Council Mlnuges
June 12, 1972
RESOLUTION NO. 1263
A ZES~LUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
EKF~ESSING THE INTEI~TION OF SAIl COUNCIL TO CREATE A
SPECIAL FUND FO~ TH~ DEPOSIT OF APOKTION OF MONIES
EBCEXV~ BY SAIl CITY ~ LOCAL SALES TAXES ON GASOLINE
SALES, SAID HONEY TO BE USED FOR THE ENVIR01~iENTAL
ENHANCElENT OF TN~. CITY OF CYPRESS.
The m~ti~n was unanimously carried by the followinS roll call vote:
AYES:
NOES
ABSEN~
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNC~:
Frankiewich, Harvey, Eanel, Roberrs.and Lacayo
None
None
teNSIlERATION OF APPROVAL ;OF CO~2~BRCIAL K%RRANT LIST FOR ~ttlAl~$ N~. 29324 TI~OUGH
29537: I~ ~e~ ~ C~11~n Frank~e~ch a~ ~co~ed b~ Counct~n.~b~=s.
Ce s~e C~ ~c~1 ~rrsn~ LtIC for ~arran~s ~. 2932~ ~ou2h 29537 in
zeCsl ~n= of $1~5,250.69. T~ ~on ~s ~an~ousl~ carried byche follo~
re~ ~11 vetef
ABSB!~:
5 COUNCILMEN:
0 COUNCII/~EN:
0 COUNClI/~BN:
Frankiewich, Harvey, Fanel, Robot=sand Lacayo
None
None
SF~O~e XFADII~ OF O~DINANCB E~TABLZSRING *REGULATIONS FOB D~Z~TION 'OF '~' PA~
~ FDS ~' ' F ' I~ was ~ved byCou~t~n Rebates,
~ ~= ~a=r~ed no. re~ =~ f~11~n2 Ordinance
~ title o~y; ~C~ of ~he ~d~ance iS as follow~
ORDINANCE NO, 484
AN ~tl)INANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHIN~ ~EGULATION8 FOX DEDICATION OF LAND, PAYMENT
OF FB~8 OX BOTH, FOX PARK AND RECREATIONAL I~.ND.
Ic was moved by Councitmsn Hans1 and seconded by Councilman Rebates to adop~
Ordinance No. 483. The motion was unanimously carried by the followih2 roll
call vote:
AYES: 5 COUNCILMEN:
MOw-S: 0 COUNCILMEN:
ABSENT: 0 COUNCIllIEN:
Frankiewich, Harveys Kanel, Rebates and Lacayo
None
None
MISSJTES:
was moved by Councilman Rebates, seconded by Councilwoman Franktewich and
unanimously carried to approve the Minutes of May 22, 1972, as preeen~ed.
IC was moved by Councilman Rebates, seconded by Councilman Hans1 and unanimously
carried Co consider ICe No. 19 on =he aSenda, a= ~his rime.
CONTIIIATIONOF CONSIDEaATZON OF C0~CT G~ FOR Cl~ ~NG SERVICE~ ~
City ~2~ preMnc~ a repor~ da~sd June 9, 1972, ~ich indtca~ ~ ~ Ct~
~tl, sc i~ re~lsr m~ctn2 of ~y 22, 1972, con~inued ~ consideration of ~he
~ncrscc r~sl for City Co~n2 service ~=h C~ress Auto Tow, ~ich upires on
Ju~ 30, 1972.
It was moved by Councilman Fanel end seconded by Councilwoman Frankiewich to
renew the ~owin2 service concrac~ wi~h ~he C~press Auto Tow for a one-year period
sxpirim$ on June 30, 1973, under ~he exts=tn$ ~erms and ra~es. The motion was
ussnimouely carried by =he followin2 roll call vote:
~y Council Minutes June 12, 1972
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Roberrs and Lacayo
None
None
CONTINUATION OF CONSIDERATIONOF CODE,AMENDMENT REGARDING THEPREPARATIONOF CITY
COUNCIL AGENDAS: The City Manager presented a report dated June 8, 1972, which
indicated that this matter had been continued from the meeting of May 22, 1972~
Following a discussion concerning the order of business of the City Council
meetings, it was moved by Councilman Roberrs and seconded by Councilman Kanel
to adopt the following Resolution by title only, title as follows:
RESOLUTION NO~ 1264
A RESOLUTION O[ THE CITY COUNCIL OF THE CITY OF CYPRESS
RESCINDING RESOLUTION NO~ 1081 AND ESTABLISHING THE
ORDER OF BUSINESS OF CITY COUNCIL MEETINGS°
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN~
Frankiewich, Harvey, Kanel, Roberrs and Lacayo
None
None
Discussion was held relative ~o an amendment to the code, which would allow
an individual Councilman to place items of interest on the agerids, it was moved
by Councilman Roberrs, seconded by Councilman Fanel and unanimously carried to
table this item to Item Noo 37 on the agendao
It was then moved by Councilman Roberrs, seconded by Councilman Harvey and
unanimously carried Uc remove all tabled items from the cable and to consider
them in sequence at the evening session of the City Council°
Mayor Lacayo, hearing no objections, declared that Item Noo 21 on the agenda,
pertaining to parking requirements for multiple-family developments, would be
continued to the July 10, 1972 meeting of the City Council, as requested in the
Administrative Report concerning the matter dated June 9, 1972o
RECESS:
It was moved by Councilwoman Frankiewich, seconded by Councilman Fanel and
unanimously carried to adjourn at 6:00 pomo to 7:30 pomo
CALL TO ORDER:
The meeting was called to order at 7:30 pomo, in the City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding.
PRESENT: Councilmen Frankiewich, Harvey, Fanel, Roberrs and Lacayo
ABSENT: None
Also present were City Manager/City Clerk Dartell Essex, City Attorney James E~
Erickson and the following members of the City Staff: Amberg, Bryant, Dunlap,
Griseom, Nudeon and Schatzedero
PLEDGE OF ALLEGIANCE:
Councilwoman Frankiewich led the City Council and audience in the Pledge of
Allegiance°
PRESENTATION OF POLICR4AN OF THE YEAR SERVICE PLAQUE: At this time, Mayor
Lacayo asked Police Agent Ronald Dickson to step forward, and presented him with
a Community Service Plaque in recognition of his being selected "Policeman of
the Year" by his fellow officerall
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City Council Minutes
June 12, 1972
CONSIDERATION OF AWARD OF CONTRACT FOR MILORGANITE: The City Manager presented a
report dated June 12, 1972, from the Finance Director, which outlined the bids
received for the purchase of Milorganite fertilizer°
It was moved by CounCilman Harvey and seconded by Councilman Fanel to accept the
Request for Quotation #7172-12, and to award the contract for the purchase of
fertilizer to Kellogg Nltro-Humus, 23924 South Figueroa Street, Carson, California°
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, Fanel, Roberrs and Lacayo
None
None
CONSIDERATION OF AWARD OF CONTRACT FOR PUBLICATION OF LEGAL ADVERTISEMENTS: The
City Manager reviewed a report dated June 8, 1972, from the Finance Director, which
indicated the current contract for publication of legal advertisements with the
News Enterprise will expire June 30, 1972o
EXECUTIVE SESSION:
It was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and unanimously
carried to go into an Executive Session at 7:40 p0m., to discuss a matter of
personnel° The meeting was called back to order at 7:43 pomo, with all City
Councilmen present°
It was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and
unanimously carried to table the consideration of the award of contract for
publication of legal advertisements.
At the request of Mayor Lacayo, the City Manager reviewed the various actions
which had been taken by the City Council at its afternoon session°
ORAL COMMUNICATIONS:
Mrs° Mary Van den Raadt, 8644 Acacia Drive, Cypress, presented the City Council
with a petition requesting that the City Council initiate a zone change from
R-3 (Multiple-Family) to R-E (Residential Estate) on property generally located
on the 8500, 8600 and 8700 block of Acacia Drive, Cypress°
It was moved by Councilman Roberrs, seconded by Councilman Fanel and unanimously
carried to place this item on the agenda for consideration at this time.
It was moved by Councilman Fanel, seconded by Councilman Roberrs and unanimously
carried that this request be forwarded to the Planning Commission and that the
Public Hearing for the requested zone change be initiated°
Also addressing the City Council was Mr. Gray Farley, 5803 Holmby Court, Cypress,
who spoke in regard to the Park Bond program, urging that it be placed on the
November ballot.
Mr o Jerry Coleman, 5457 Oxford Drive, Cypress, addressed the Council regarding
the park issue°
PUBLIC HEARING RE: ZONE CHANGE NO. Z-213: The Mayor announced this was the time
and place for the Public Hearing to consider an application for an amendment to
the Zoning Ordinance No o 90 to change the zone of a certain parcel of land from
H-C (Highway Commercial) Zone to R-4 (High Density Multiple Family Residential)
Zone on property generally located on the south side of Lincoln Avenue approximately
660' west of Holder Street, Cypress, known as Zone Change No. Z-213.
The Mayor declared the Public Hearing open, and requested the Staff to present
its report.
-8-
26
City Council Minutes June 12, 1972
The City Manager presented a report dated June 8, 1972, which advised that the
City has received a communication from Shape11 Industries, Inc., requesting the
City Council to continue this Public Hearing.
In was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously
carried to continue this Public Hearing to the next regular meeting of the City
Council, scheduled to be held on June 26, 1972.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A FRANCHISE FOR AN UNDERGROUND
CABLE TV FACILITY: The Mayor announced this was the time and place for the Public
Hearing to consider an application for a franchise for an underground cable TV
facility.
The Mayor declared the Public Hearing open, and requested the Staff to present
its report.
The City Manager presented a report dated June 8, 1972, which indicated that the
City Council, at its regular meeting of May 22, 1972, adopted a Notice of Intention
to grant a franchise for transmission of television by underground cable, and scheduled
a Public Hearing to consider this application for June 12, 1972.
In response to an inquiry from Mayor Lacayo, a representative from Shapell Industries
indicated that there would be no objection to continuing this utter until such
time as negotiations between the City Attorney and the attorney representing
Shapell Industries, relative to the terms of the franchise, have been completed.
It was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and
unanimously carried to continue the consideration of this item to the next
regular meeting of the City Council, scheduled to be held on June 26, 1972.
PUBLIC HEARING RE: CONSIDERATION OF AN AMENDMENT TO THE OPEN SPACE ELEMENT OF
THE MASTER PLAN: The Mayor announced this was the time and place for the Public
Hearing to consider an amendment to the Open Space Element (Townscape Plan) of
the Master Plan for the City of Cyprees~
The Mayor declared the Public Hearing open, and requested the Staff to present
its report.
The City Manager presented a report dated June 8, 1972, which indicated the
affidavits of posting and publication of the Public Rearing notices are on file
in the office of the City Clerk, and no communications have been received regarding
this matter. The report advised that recently passed legislation added Section
65563 to the Government Code of the State of California, which requires every
city and county to prepare and adopt a local Open Space plan for the comprehensive
and long-range preservation and conservation of open space land within its Jurisdic-
tion, by June 30, 1972.
There being no one to speak on favor of or in opposition to the proposed amendment,
the Mayor declared the Public Hearing closed.
It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 1265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING THE OPEN SPACE ELEMENT (TOWNSCAPE PLAN) OF THE
MASTER PLAN FOR THE CITY OF CYPRESS.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Roberrs and Lacayo
None
None
- 9-
City Council Minutes June 12, 1972
It was moved by Councilwoman Frankiewich and seconded by Councilman Roberrs that
the Open Space Element be immediately directed back to the Planning Commission for
revision. The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, Renal, Roberts and Lacayo
None
None
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR ASPECIAL PERMIT--TKANEHOME COMFORT
CENTER: The Mayor announced this was the time and place for the Public Hearing
to consider an application for a Special Permit to allow the solicitation of
contracts for installation of heating and air-conditioning equipment door-to-door
in the City of Cypress, as requested by Mr. William Johns, Trane Home Comfort
Center, 501 West Commonwealth, Fullerton, California.
The Mayor declared the Public Hearing open, and requested the Staff to present
its report.
The City Manager presented a report dated June 7, 1972, which indicated the affidavits
of publication and posting of the Public Hearing notice are on file in the office
of the City Clerk, and that no written communications have been received in
regard to this application.
Speaking in favor of the application, was Mr. Jerry Coleman, 5457 Oxford Drive,
Cypress.
There being no further testimony in favor of or in opposition to the application,
the Mayor declared the Public Hearing closed.
It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich to
approve the application for a Special Permit, as requested by Mr. William Johna
of Trane Home Comfort Canter, provided that the applicant conduct his solicitation
between the hours of 9:00 a.m. and 6:00 p.m., and further, that all persons
contracting for this service, must be informed by the applicant, of the three
day period in which the contract may be rescinded. The motion was unanimously
carried by the following roll cell vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewicb, Harvey, Kanel, Roberrs and Lacayo
None
None
PUBLIC HEARING RE: CONSIDERATION OF NUISANCE ABATEMENT ON PROPERTY LOCATED ON
THE SOUTH SIDE OF ORANGE AVE, BETWEENWALKEK'AND'GEINDLA~: The Mayor announced
this was the time and place for the Public Hearing to consider a nuisance abatement
on the south side of Orange Avenue between Walker and Grindlay Street, Assessor's
parcels #244-192-21 and 244-301-16.
THe Mayor declared the Public Hearing open, and requested the Staff to present
its reports.
The City Manager reviewed a report dated June 9, 1972, which indicated the affidavits
of posting of the Public Hearing notices are on file in the office of the City Clerk,
and that no communications have been received in reference to this matter.
The Public Works Director then reviewed a report dated June 8, 1972, which
described the condition of the subJ oct property, and a communication dated May 2,
1972 from Mr. Owen Stevens, R.S., of the Orange County Health Department. Photo-
raphe indicating the extent and character of the nuisance were then presented.
Addressing the City Council urging the abatement of the property, were the
following persons:
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City Council Minutes
June 12, 1972
Mr. Jerry Coleman, 5457 Oxford Drive, Cypress
Mar. Lewis Stewart, 5397 Oxford Drive, Cypress
Mar. Donald Hopps, 5467 Oxford Drive, Cypress
Mar. Lee Gilpin, 9612 Glenbrook Street, Cypress
Mars. Glenda Frank, 5284 Rome Avenue, Cypress
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress
Entered into evidence was a sample of insects taken from the property in
question.
There being no one to speak in opposition to the abatement of the nuisance, the
Mayor declared the Public Hearing closed.
It was moved by Councilman Harvey and seconded by Councilman Roberrs to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 1266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING AND DECLARING CERTAIN PR~MISES WITHIN THE CITY
TO BE A NUISANCE, AS DEFINED IN ARTICLE III OF CHAPTER
13 OF THE CYPRESS CITY CODE, AND ORDERING THE AHATI}fENT
OF THE SAME BY THE OWNER THEREOF.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Roberrs and Lacayo
None
None
RECESS:
Mayor Lacayo declared a recess at 9:00 p.m. The meeting was called back to order
at 9:07 p.m., with all Councilmen present.
CONSIDERATION OF AWARD OF CONTRACT FOR PUBLICATION OF LEGAL ADVERTISEMENTS (Continued):
It was the general consensus of the city Council to consider this item, which
had been tabled earlier, at this time.
It was moved by Councilman Harvey and seconded by Councilman Kanel that the City
Council determine that the lowest responsible bid for legal advertisements for the
1972-73 fiscal year was submitted by the Cypress News Enterprise, and to award the
contract to the Cypress News Enterprise, 3722 Catalina Street, Los Alamitos, California.
Following a discussion, it was moved by Councilman Roberrs and seconded by Councilwoman
Frankiewicb, as a substitute motion, to table the consideration of this matter
to the next regular meeting of the City Council, scheduled to be held en June
26, 1972. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Fanel, Roberrs and Lacayo
Harvey
None
CONTINUATION OF CONSIDERATION OF CITY OF CYPRESS CO~4ISSIONS AND COMMITTEES:
City Manager presented a report dated June 8, 1972, which indicated that this
matter had been continued from the City Council of May 22, 1972.
The
Discussion was held regarding several possible reappointments to the various
comittaes and commissions, following which, it was moved by Councilwoman
Frankiewich and seconded by Councilman Robarts that Commissioner Robert Cardoza
be removed from the Planning Commission, effective immediately.
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June 12, 1972
City Council Minutes
It was then moved by Councilman Kanel and seconded by Councilman Harvey to go into
an Executive Session to discuss a matter of personnel. The motion failed to carry
by the following vote:
AYES:
NOES:
ABSENT:
2 COUNCILMEN:
3 COUNCILMEN:
0 COUNCILMEN:
Harvey and Ranel
Frankiewich, Roberrs and Lacayo
None
The motion to remove Commissioner Cardoza from the Planning Commission carried by
the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 2 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Roberrs andLacayo
Harvey and Hanel
None
It was moved by Councilman Harvey. seconded by Councilman Roberrs and unanimously
carried to place on the agenda for consideration at this time, a matter concerning
the manner of removal or appointment to the Planning Commission.
It was then moved by Councilman Harvey to place on the agenda for the June
26, 1972 City Council meeting, the consideration of an amendment to the Ordinance
which would require a 4/5 vote in order to appoint or. remOve a person from the
Planning Commission.
It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich, as
a substitute motion, that an Ordinance be drafted which would require a simple
majority vote of the Council for appointment and removal to all City Commissions.
Following discussion, the substitute motion carried by the following roll
call vote:
AYES: 3 COUNCILMEN:
NOES: 2 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Roberrs and Lacayo
Harvey and Eanel
None
For the record, Councilman Kanel stated that he voted in opposition to the motion
as he felt that the requirement of a 4/5 vote of the City Council to remove or
appoint an individual, should still apply to the Recreation and Park Commission
and the Arts and Cultural Commission.
CONYI/IUATION. OF CONSIDERATION OF CODE AMENDMENT REGARDING THE PREPARATION OF CITY
COUNCIL AGENDAS (Continued): It was moved by Councilman Roberrs and seconded by
Councilwoman Frankiewich that an amendment to Section 2-2.4 of the City Code
be enacted which would allow a City Councilman to place an item on the agenda
by submitting the request, in writing, to the City Manager's office one week
prior to the City Council meeting. Following discussion, the motion carried
by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 2 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Roberrs and Lacayo
Harvey aM Kanel
None
CONSIDERATION OF APPROVAL OF .REVISED PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE FOR BIDS--HOLDER ST. FROM ORANGE AVE. TO BALL RD,I PROJ. NO, 7102-10-
0553 (Continued): It was moved by Councilman Roberrs, seconded by Councilman
Kanel and unanimously carried to continue the consideration of this matter to
the next regular meeting of the City Council, scheduled to be held on June 26,
1972.
CONSIDERATION OF AUTHORIZATION TO INITIATE ANNEXATION NO. 72-2: The City Manager
presented a report dated May 3, 1972, which indicated that at its meeting of
April 26, 1972, the Local Agency Formation Commission approved uninhabited
Annexation No. 72-2, consisting of 0.22 acres located west of Watson Street
at Camp Street.
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30
City Council Minutes
June 12, 1972
It was moved by Councilman Robarts and seconded by Councilman Kanel to adopt the
following Resolution by title only, title as follows:
RESOLUTION NOo 1267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE
CITY COUNCIL OF THE CITY OF CYPRESS TO ANNEX TO SUCH
CITY CERTAIN UNINHABITED TERRITORY DESCRIBED THEREIN
AND DESIGNATED AS "ANNEXATION NOn 72-2" SETTING FORTH
ITS REASONS FOR DESIRING ANNEXATION AND GIVING NOTICE
OF THE TIME AND PLACE SUCH CITY COUNCIL WILL HEAR
WRITTEN PROTESTS AGAINST SUCH ANNEXATION,
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, HArvey, Kanel, Lacayo and Robarts
None
None
CONSIDERATION OF STATUS REPORT ON THE CONDITION OF THE LEAL DAIRY (Continued):
The City Manager presented a report dated June 9~ 1972, which indicated that
the City Fly Abatement Board was advised by the Orange County Health Department
Officials, at a meeting held on May 25, 1972, that the fly breeding nuisance
at the Leal dairy had been completely abeted by the owner, and that no further
action was required of the Fly Abatement Board,
Addressing the City Council in regard to this matter, was Mr~ Jim Hardesty,
5853 Holmby Court, Cypress~
EXECUTIVE SESSION:
It was moved by Mayor Laoayo, seconded by Councilman Kanel and unanimously
carried to go into an Executive Session at 10:30 pomo, to discuss a matter
of litigationo The meeting was called back to order at 10:47 p.m., with all
Councilmen present.
It was moved by Councilman Roberrs, seconded by Councilman Kenel and unanimously
carried to table the consideration of this matter°
CONSIDERATION OF STATUS REPORT ON THE AIRPORT LAND USE COMMISSION(COntinUed):
The City Manager presented a report dated June 9, 1972, which indicated the
City Council, at its regular meeting of May 22, 1972, requested the City Manager
to develop a presentation to be made before the Airport Land Use Commission
on June 15th, at which time the Commission will consider the adoption of a
Sphere of Influence map around the Los Alamitos Air Station°
It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously
carried that the City Manager, and any Councilman who so desires, attend the
meeting of the Airport Land Commission scheduled for June 15, 1972o
It was moved by Councilman Roberrs, seconded by Councilman Kenel and unanimously
carried to table Item Noo 35, pertaining to the acquisition of school property
located on Moody Street, and Item Noo 36, the continuation of the 1972/73 fiscal
year budget~
Mayor Lacayo then discussed a commentary concerning the adoption of the USS
Cook which was presented by a radio station, and which appeared in several
newspapers; following which, he read in full, a press release which will be
issued in response to the commentary°
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City Council Minutes
June 12, 1972
ORAL COMMUNICATIONS:
Mr. Boyki, 5917 Noumea Street, Cypress, addressed the Council with regard to
street maintenance in Tract 6719.
Mrs. Mary Maugen, 6721 Kiwi Circle, Cypress, addressed the City Council in
regards to the proposed zoo park, and requested that tba Homeo~ners Association
from bet area be notified as to when the plans will be considered.
Mr. Jack Leneker, 4504 Middlebury Circle, Cypress, addressed the Council relative
to a matter pertaining to the conduct of the City Council.
ADJOURNMENT:
It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously
carried to adjourn at 11:25 pom., to 7:00 pom. on Wednesday, June 14, 1972.
MAY~HE~I~RESS
ATTEST:
crr
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