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Minutes 72-07-24MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 24, 1972 The regular meeting of the Cypress City Council was called to order at 4:05 p.m., on Monday, July 24, 1972, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tem FrankiawiCh presiding. PRESENT: Councilmen Frankiewich, Harvey and Roberrs ABSENT: Councilmen Kanel and Lacayo Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap and SChatzeder. It was the general consensus of the City Council to consider certain items on the agenda at this time~ CONSIDERATION OF AWARD OF CONTRACT TO PURCHASE TWO POLICEiMOTORSCOOTERS: The City Manager presented a report dated July 21, 1972, from the Finance Director, which outlined the bids received for the purchase of two police motorscooters. MAYOR LACAYO ARRIVED AT 4:15 P.Mo It was moved by Councilman Roberrs and seconded by Councilman Harvey to accept Request for Quotation #7172-65 and award the contract for the purchase of two (2) police motorscooters to Otis Material Handling Company, 1400 NOrth Baxter, Anaheim, California. The motion was unanimously carried by the follo~ing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Roberrs and Lacayo None Kanel Mayor Lacayo stated, for the record, that he had read the Administrative Report concerning the item, and therefore voted on the matter. CONSIDERATION OF AWARD OF CONTRACT~ HOLDER STREET IMPROVEMENT PROJECT #7102-10-0553: The City Manager presented a report dated July 19, 1972, from the Public Works Director, which indicated that bids for the improvement of Holder Street from Orange Avenue to Ball Road, Project #7102-10-0553, were opened by the City Clerk at 10:00 aom., on July 18, 1972. It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATION OF FUNDS TOWARD THE ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF HOLDER STREET FROM ORANGE AVENUE TO BALL ROAD AHFP #553. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Roberrs and Lacayo None Kanel It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich to approve the transfer of Gas Tax 2106 monies from Project #7202 to Project #7102-10-0553. The motion was unanimously carried by the following roll call vote: City Council Minutes July 24, 1972 AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Robert, and Lacayo None Fanel It was moved by Councilman Harvey and seconded by Councilman Robert, to determine that Galluzzo and Son is the lowest responsible bidder and to award a contract for the construction of Holder Street, Project #7102-10-0553, to Galluzzo and Son, 519 North Grand Avenue, Santa Ana, California, per their proposal dated July 18, 1972, in the amount of $104,005035, subject to approval of the Orange County Road Department and participation by the City of Buena Park. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNt ILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Robert, and Lacayo None Fanel CONSENT CALENDAR: The Mayor announced Chat all matters listed under "Consent Calendar" were to be considered by the City Council as routine in nature, and enacted by one motion approving the recommendation contained in the Administrative Report concerning the matter° It was moved by Councilman Robert, and seconded by Councilwoman Frankiewich to approve Items No. 5 through 17 on the consent calendar, with the exception of Items Noo 11, 13 and 17, which were removed at the request of Councilman Harvey. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Robert, and Lacayo None Fanel Item No~ 5: Consideration of request for placing an advertisement in the Special Cypress Edition of the Community Advocate° Recommendation: That the City Council authorize the City Manager to prepare a one- half page ad for the special edition of the Community Advocate August issue at a cost of $72o50o Item No~ 6: Consideration of request for exemption from Special Permit for the Camp Fire Girls, Orange County Council° Recommendation: That the City Council grant the request of the Orange County Council of Camp Fire Girls to conduct a candy sale in the City of Cypress from January 18, 1973 through February 5, 1973 and that they be granted an exemption from a Special Permit pursuant to Section 15-57 A (1) (b) of the City Code, as outlinedo Item Noo 7: Consideration of certification of Employment List for Junior Civil Engineer. Recommendation: That the City Council certify the Employment List for Jr. Civil Engineer, as submitted. Item Noo 8: Consideration of certification of Employment List for Field Services Officer~ Recommendation: That the City Council certify the Employment List for Field Services Officer, as submitted~ Item No~ 9: Consideration of certification of Employment List for Field Services Information Officer. Recommendation: That the City Council certify the Employment List for Field Services Information Officer, as submitted. - 2- City Council Minutes July 24, 1972 Item Noo 10: Consideration of certification of Employment List for Building and Grounds Maintenance Supervisor. Recommendation: That the City Council certify the Employment List for Building and Grounds Maintenance Supervisor, as submitted° Item No. 12: Consideration of a Resolution of the City of Brae recommending the Fullerton Dam Parksite area to be designated as the "Ted Craig Regional Park." Recommendation: Receive and file. Item No. 14: Consideration of a Resolution of the City of Santa Ana in support of the Orange County Bicycle Study° Recommendation: Receive and file. Item No. 15: Consideration of a Resolution of the City of Brea urging support to secure the Space Shuttle Program for the State of California. Recommendation: Receive and file. Item No. 16: Consideration of approval of the City Manager'e vacation. Recommendation: That the City Council approve the City Manager's vacation request for the period of July 31 through August 18, 1972. CONSIDERATION OF THE CITY COUNCIL'S PARTICIPATION IN THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE: The City Manager reviewed a report dated July 19, 1972, which indicated that the City has received the notice of the 74th Annual Conference of the League of California Cities scheduled to be held on October 15-18, 1972, in the City of Anaheim. Following discussion, it was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to authorize members of the City Council and representatives from the City commissions to attend the annual conference of the League of California Cities on October 15-18, 1972, and that they be re- imbursed for actual and necessary expenses. CONSIDERATION OF A RESOLUTION OF THE CITY OF HUNTINGTON BEACH PROMOTING THE WELL BEING OF THE HANDICAPPED: The City Manager reviewed a report dated July 22, 1972, attached to which is a copy of a Resolution of the City of Huntington Beach promoting the well being of the handicapped. It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to continue the consideration of this item to the next regular meeting of the City Council, scheduled to be held on August 14, 1972. CONSIDERATION OF REQUEST FROM SUPERVISOR PHILLIPS TO OPPOSE THE DEVELOPMENT OF A PROPOSED AIRPORT IN THE CHINO HILLS AREA: The City Manager reviewed a report dated July 22, 1972, attached to which is a copy of a letter addressed to Mayor Lacayo from Orange County Supervisor William J~ Phillips requesting the City Council to adopta Resolution opposing the development of a proposed airport in the Chin. Hills area. It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich to receive and file the communication concerning this matter, and to request that the item be placed on the agenda for the next regular meeting of the City Council, at which time the Staff will present additional information. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Roberrs and Lacayo NOES: 1 COUNCILMEN: Harvey ABSENT: 1 COUNCILMEN: Kanel - 3- City Council Minutes ~ly 24, 1972 EXECUTIVE SESSION.~ It was moved by Mayor Lacayo, seconded by Councilman Roberrs and unanimously carried to go into an Executive Session at 5:00 pomo, to discuss matters of personnel° The meeting was called back to order at 5:59 p.m., with the following Councilmen present: PRESENT: Councilmen Frankiewich, Harvey, Roberrs and Lacayo ABSENT: Councilman Kanel RECESS: It was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to recess at 6:00 pomo to 7:30 p.m. CALL TO ORDER: The meeting was called back to order at 7:30 pomo, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: Councilmen Frankiewich, Harvey, Kanel, Roberts 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: Axeberg, Bryant, Dunlap, Nudeon and Schatzeder~ PLEDGE OF ALLEGIANCE: Councilman Kanel led the City Council and audience in the Pledge of Allegiance. MINUTES: It was moved by Councilwoman Frankiewich, seconded by Councilman Kanel and unanimously carried, with an abstaining vote by Councilman Harvey as he had not been present for the entire meeting, to approve the Minutes of June 26, 1972, as presented. ADMINISTER OATH OF OFFICE TO ARTS AND CULTURAL COMMISSIONERS: At this time, Mayor Lacayo requested that the newly appointed Arts and Cultural Commissioners step forward, following which, he administered to them, the Oath of Office. PRESENTATION OF ~MPLOYEE SERVICE PINS: Mayor Lacayo presented service pins to the following City employees in recognition of their service to the City of Cypress: Mr. Dartell Essex, 10 years Mrs. Barbara Baker, 5 years Mrs. Jewell Lloyd, 5 years Agent Ronald Lowenberg, 5 years Mrs~ Rita Singer, 5 years Mro Curt Wheaton, 5 years RECESS: Mayor Lacayo declared a recess at 7:45 p~mo The meeting was called back to order at 7:53 p~mo, with all Councilmen present° ORAL COMMUNICATIONS: Mr. Delno Kenode, 5184 Melbourne Drive, Cypress, addressed the City Council regarding the status of the City's bicycle trail committee, and thereplacement of trees which had been removed from the Texaco tank farm. 4 Ci~ouncil Minutes July 24, 1972 Mr, Jim Hardesty, 5853 Holmby Court, Cypress, addressed the City Council concerning the fly problem resulting from the condition of the Laal dairy. Mr~ Gerald Boswell, 11643 Manills Drive, Cypress, requested that Item No. 41 on the agenda, pertaining to Eucalyptus Park, be moved forward. CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE NOo Z-213: The Mayor announced this was the time and place for the continuation of the Public Hearing to consider an application for an amendment to the Zoning Ordinance No. 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 ChanSe No. Z-213~ The Mayor announced the Public Hearing was cpen, and requested the Staff to present its report° The City Manager presented a report dated July 19, 1972, regarding traffic problems and information relative to other "land locked" areas along Lincoln Avenue, as was requested by the City Council at its meeting of June 26, 1972. Speaking in favor of the zone change request, was Mr o George Putnam, Shapell Industries, 8383 Wilehire Blvd~, Beverly Hills, California. Addressing the City Council in cpposition to the zone change request, were the following persons: Mro Jack Keck, 9665 Oakmount, Cypress Mmo Gray Parley, 5803 Holmby Court, Cypress Mrs Jim Hardesty, 5853 Holmby Court, Cypress Mr o Karl Mazzeo, 9949 Madrid Circle, Cypress Mr o Jack Leneker, 4504 Middlebury Circle, Cypress Mr~ Joe Hardcastle, 4588 Blanca Drive, Cypress At the request of the City Council, Mrs° Daryle Ellwart, Manager, CypreSs Chamber of Commerce, addressed the Council relating the viewpoint of the Board of Directors of the Chamber of Commerce, regarding the zone change application° RECESS: Mayor Lacayo declared a recess at 9:30 pom~ The meeting was called back to order at 9:40 pomo, with all Councilmen present° At the request of Mayor Lacayo, the City Manager read into the record two communications addressed to the Planning Commission; one dated MaylS, 1972, from the Business Development Committee of the Cypress Chamber of Commerce, and the other dated May 16, 1972, from the Community College District of North Orange County° The owner of the property in question, Mro Alex Mechikoff, 6322 Lincoln Avenue, Cypress, addressed the City Council urging approval of the zone change. There being no further testimony, the Mayor declared the Public Hearing closed. It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to deny, without prejudice, the application for Zone Change Z-213. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Robarts and Lacayo None None It was moved by Councilman Kanei, seconded by Councilwoman Frankiewich and unanimously carried to direct the City Staff and the Planning Commission to study the "land locked" properties in the area in question and to recommend - 5- City Council Minutes July 24, 1972 what the proper zoning should be, taking into consideration all traffic problems in that vicinity and what the solution to the problems might be. It was moved by Councilman Harvey, seconded by Councilwoman Frankiewich and unanimously carried tc consider Item Noo 41 on the agenda at this time. CONSIDERATION OF EUCALYPTUS PARK REPORT: The City Manager presented a report dated July 20, 1972, from the Recreation and Park Director, which indicated that as requested by the City Council a~ its regular meeting of July 10, 1972, a plan has been worked out utilizing City and District work forces to provide grading, irrigation system and turf a: Eucalyptus Park° It was moved by Councilman Kanel and seconded by Councilman Harvey to approve the time table and development of Ube park site as outlined in the report, and to appropriate funds for the development, as follows: ao Account 01-4700-420 bo Account 01-4700-400 Structures & Improvements $5,200 Equipment $1,075 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 Addressing the City Council in reference !c~ =he Eucalyptus Park were the following persons: Mro Gerald Boswell, 11643 Manila Drive, Cypress Mrs. Marilyn Paterson, 11586 Java Street, Cypress Mro Frances Boyki, 5917 Noumea Street, Cypress CONTINUATION OF CONSIDERATION OF APPROVAL OF TENTATIVE TRACT #7892: The City Manager presented a report dated July 20, 1972, which indicated that this item was continued from the June 26th and July 10th City Council meetings. Mr~ William Rousey, WIR Developers, into, 9942 Central Avenue, Garden Grove, California, addressed the City Council in reference to the proposed tract, It was moved by Councilman Harvey and seconded by CoUncilman Kanel to approve Tentative Tract #7892, subject co the conditions as outlined in a report dated June 21, 1972, from the Secretary of =he Planning Commission. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Harvey, Hanel, Robarts and LaCayo None Npne CONTINUATION OF CONSIDERATION OF PARKING REQUIREMENTS FOR MULTiPLE-FAMILY RESIDENTIAL DEVELOPMENTS: The City Manager presented a report dated July 22, 1972, which indicated that this item was continued from the City Council meeting of July 10, 1972 to allow the City Council additional time to review the report from the City of Costs Mesa regarding apartmen~ parking space needs. It was moved by Councilman Robarts and seconded by Councilwoman Frankiewich to initiate procedures to amend the City's Zoning Ordinance pertaining to parking requirements of all multiple-family developments by incorporating the standards contained in the report from the City of CoSts Mesa° The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Robarts and Lacayo None None -6- i.~ounci Minutes July 24, 1972 C 1 CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR THE FISCAL YEAR 1972/73 WEED AB~.TEMENT PROGRAM: The City Manager presented a report dated July 22, 1972, attached to which is a copy of the report regarding the award of contract for the 1972/73 Weed Abatement Program° It was moved by Councilwoman Frankiewich and seconded by Councilman Roberrs to determine that the lowest responsible bid was submitted by Edwin Webbet, Inc., and to award an annual contract in the amount of $24,580~00 for the 1972/73 Weed Abatement Program, Phase I consisting of $11,960o00 and Phase II consisting of $12,620.00, with the contract not to exceed the total amount of $24,580.00 without approval by =he City Council, on those properties identified in Resolution No. 1245, to Edwin Webbet, Into, 8472 Rembrandt Drive, Huntington Beach, California per their proposal dated July 5, 1972o Following considerable discussion concerning the Weed Abatement Program, the motion zarried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 1 COUNCILMEN: 0 COUNCILMEN: Frsnkiewich, Kanel, Roberrs and Lacayo Harvey None Councilman Harvey stated that in view of the fact that the City Attorney had indicated that the contractor would be required to request any additional funds from the City Council in order to perform the weed abatement, he was in opposition to that part of the motion which limited the cost to $24,580°00. It was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to place on the agenda for the next regular meeting of the City Council, a report on the City's Weed Abatement Program, taking into consideration the various questions and aspects which were brought forth during the discussion this evening~ At this time, Mayor Lacayo administered the Oath of Office to Cypress Arts and Cultural Commissioner, Mrs. Joyce Ginns~ who was unable to ba present during the early part of the evening sessicno RECESS: Mayor Lacayo declared a recess at 11:35 pom~ The meeting was called back to order at 11:45 pomo, with all Councilmen present° CONSIDERATION OF FINAL REPORT - CYPRESS LIGHTING DISTRICT #2 FOR CALENDAR YEAR 1973: The City Manager presented a report dated July 19, 1972, from the Public Works Director attached to which is a Resolution which approves the diagram and final assessment for Cypress Lighting District Noo 2 for the 1973 calendar years It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 1277 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, LEVYING ASSESSMENTS ON PARCELS OF LAND LOCATED IN TEAT AREA KNOWN AS CITY OF CYPRESS LIGHTING DISTRICT NO. 2 TO PAY FOR THE COST OF THE IN- STALLATION, MAINTENANCE AND FURNISHING OF ELECTRIC CUR- RENT TO LIGHT SAID STREET LIGHTING SYSTEM FOR THE PERIOD FROM JANUARY 1, 1973 THROUGH DECEMBER 31, 1973 PURSUANT TO THE REPORTS OF THE CITY ENGINEER OF SAID CITY ALL IN ACCORD WITH AND PURSUANT TO THE PROVISSIONS OF DIVISION 14, PART 1, STREET AND HIGHWAYS CODE, STATE OF CALIF- ORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT 0F 1919" -7 - City Council Minutes July 24, 1972 The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewioh, Harvey, Hanel, Roberrs and Lacayo None None CONSIDERATION OF RELEASE OF BONDS FOR CONSTRUCTION OF HOLDER STREET AND ORANGEWOOD AVENUEINTENTATIVETRACT #6932: The City Manager presented a report dated July 17, 1972, from the Public Works Director, which indicated the developer posted a bond to guarantee the improvements on Orangewood Avenue and Holder Street with Tract #7593, the first unit of Tentative Tract #6932. It was moved by Councilman Rober:s and seconded by Councilman Kanel to authorize the City Clerk to release the bonds which were posted with Tract #7593, the first unit in Tentative Tract #6932, to guarantee construction of the improvements on Orangewood Avenue and Holder Street° The motion was unanimously carried by the following roll call vote~- AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Franklewich, Harvey, Kanel, Roberrs and Lacayo None None CONSIDERATION OF APPROVAL OF TENTATIVE TRACT #7793: The City Manager presented a report dated July 20, 1972, from the Secretary of the Planning Commission, which indicated that at its meeting of July 6, 1972, the Cypress Planning Commission reviewed Tentative Tract Map #7793, and recommended its approval to the City Council° It was moved by Councilman Roberrs to approve Tentative Tract #7793, subject to the conditions outlined in the report° Addressing the City Council in reference tc this matter, was Mr. John Garcia, S & S Construction Company, 8383 Wilehire Blvdo, Beverly Hills, California° Following a discussion, Councilman Roberos withdrew his motion° It was then moved by Councilman Rober~s to continue the consideration of this matter to the next regular meeting of the City Council, scheduled to be held on August 14, 1972o Councilman Roberrs' motion died for a lack of a second. Following a discussion where concern was expressed by the Council regarding the compatibility of the proposed development with the surrounding environment, but because the City Council would have an opportunity to review the proposed development at the time of the Conditional Use Permit proceedings, it was moved by Councilman Fanel and seconded by Councilwoman Frankiewich to approve Tentative Tract #7793~ In response to an inquiry from Mayor LacaFo~ Mro Garcia indicated that he would agree to a continuance of this matter, following which, Councilman Kanel and Councilwoman Frankiewich withdrew their motion° It was moved by Councilman Fanel and seconded by Councilwoman Frankiewich to continue the consideration of this item to the City Council meeting scheduled to be held on August 28, 1972, in order to allow time for study to determine the compatibility of the proposed development with the Los Alamitos Naval Air Station~ The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 1 COUNt ILMEN: 0 COUNCILMEN: Frenkiewich, Kanel, Roberts and Lacayo Harvey None City~c~ncil Minutes July 24, 1972 For the record, Councilman Roberrs stated chat he found it totally surprising that when the issue of the Los Alemites Naval Air Station was discussed by the Council, there was extreme reluctance to encourage the big land holder in the southern part of the City, as to the possibility of having the military buy enough property to protect the future residents in that area. He stated that now, for the first time, there is a competitive situation in the City in which there is more than one significant builder and yet this project is being restrained in its development° He added, that he was curious to know if the City is going to continue down this road to the extent of requesting that the rest of that property be forbidden for development; and, in fact, request that they take those houses down that are already on the property innnediately off the end of the runway, which are in a fundamentally nciser p~sition, in the flight pattern. CONSIDERATION OF COMPLAINT REGARDING OEF-SET IN LOT LINE BETWEEN TRACTS #7581 AND TRACT #4102: The City Manager prodotted a report dated July 21, 1972, which indicated that Mr, Carl Hoover, 1i531 New Zealand, complained at a recent Council meeting about a two foot space which exists between the east boundary of new Tract #7581 and the existing fence line on Trace #4102o Mr. Carl Hoover then addressed the City Council stating that it was his impression that a block wall surrounding Tract #4102 was to have been installed by the developer° Following discussion concerning this matter, it was the general consensus of the City Council to direct the Staff to discuss the possibility of do.st sharing plan for the block wall~ with both the homeowners and the developer of the new tract, and to report back to the City Council on this matter. CONSIDERATION OF COMMISSION APPOINTMENTS~ The City Manager presented a report dated July 21, 1972 attached to which is a copy of the original report prepared for the City Council meeting of May 22, i~72, regarding the various terms of offices for the City Commissions and Committees. It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously ' carried to continue =he consideration of this item to the next regular meeting of th~ City Council, scheduled to be held on Au~us'c I~, 19720 It was moved by Councilman Fanel, seconded by Councilman Roberrs and unanimously carried to conduct interviews for the Planning Commission on August 19, 1972, at 9:00 aomo CONSIDERATION OF REPORT CONCERNING FIRE DAMAGE TO THE CYPRESS TEEN CENTER: The City Manager presented a report dated duly 21. 1972, which outlined the extent of losses to the Cypress Teen Center due to a fire which occurred on the afternoon of July 18, 1972o It was moved by Councilman Robot=s, seconded by Councilman Fanel and unanimously carried to receive and file the report° CONSIDERATION OF AUTHORIZATION TO INITIATE ANNEXATION Nee 72-2 UNDER THE UNINHABITED ANNEXATION ACT OF 1939: The City Manager presented a report dated July 21, 1972, which indicated that at its meeting of June 12, 1972, the City Council adopted a Resolution initiating Annexation No. 72-2 and setting the date for a Public Hearing. The report advised that the Notice of Public Hearin~ did not appear in the newspaper so the requirement for publication has not been met, and therefore, the Public Hearing cannot be held at this time. It was moved by Councilman Robefro and seconded by Councilman Fanel to adopt the following Resolution by title only, title as follows: -9- City Council Minutes July 24, 1972 RESOLUTION NOo 1278 A RESOLUTION OF THE CITY COUNCIL O[ THE CITY OF CYPRESS RESCINDING RESOLUTION NO o 1267 AND DECLARING THAT PRO- CEEDINGS HAVE BEEN INITIATED BY THE CITo~ COUNCIL OF THE CI=~Y OF CYPRESS TO ANNEX TO SUCH CITY CERTAIN UNINHABITED TERRITORY DESCRIBED THEREIN AND DESIGNATED AS "ANNEXATION NOo 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: Frenkiewich, Harvey, Hanel, Roberrs and Lacayo None None CONSIDERATION OF PETITION FROM PROPERTY OWNERS ON ACACIA DRIVE RELATIVE TO A ZONE CHANGE FROM R-3 TO RE: The City Manager presented a report dated July 19, 1972, which indicated the Cypress City Council, at its meeting of June 12, 1972, received a petition from several property owners on Acacia Drive requesting a zone change from R-3 (Multiple-Family Residential) Zone !to the newly established zone of RE (Residential Estate)° It was moved by Councilman Roberrs and ~econded by Councilwoman Frankiewich to continue ~he consideration of this i~em te the next regular meeting of the City Council, scheduled to be held ~n August 14, 1972o Addressing the City Council requesting =hat this matter not be continued, was Mr'so John Van Den Raadt, 8644 Acacia Drive, Cypress° Councilman Robarts and Councilwoman Frankiewich then withdrew their motion. Also addressing =he City Council in referen=~ ~D this matter, was Mr. Richard Go Ralston, ~07 Nipomo Avenue, Lakewood~ Caeifcrniao It .was moved by Councilman Kane~ and ~e~ondsd bF Councilman Harvey to forward this matter to ~ha Planning Commission to initiate a zone change from R-3 to RE on either al~ cf the properties in question or certain specified properties. The motion was unanimously carried by the following roll call vote: A'~ES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENI: 0 COUNCILMEN: F~ankiewicn~ Harvey, Hanel, Roberrs and Lacayo NOne None CONSIDERATION OF INSTALLATION OF A YXELD SIGN AT THE INTERSECTION OF HALAWA LANE AND LEILANI LANE: The City Manager presented a report dated July 20, 1972, which indicated that the Advisory Traffic CommiI=ae, at its meeting of July 14, 1972~ recommended the installation ~f a yield sign for Leilani Lane and Halawe Lane° It was moved by Councilwoman Frankiewich end seconded by Councilman Roberrs to adopt the following Resolution by title ~nly, title as follows: RESOLOTION NO o 1279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A YIELD TRAFFIC CONTROL DEVICE AT THE INTER- SECTION OF HALAWA LANE AND LEILANI LANE° - Cl~y~ncil Minutes July 24, 1972 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiswich, Harvey, Kanel, Roberrs and Lacayo None None CONSIDERATION OF INSTALLATION OF "PARK OFF PAVEMENT" SIGNS ON THE EAST SIDE OF GRAHAM STREET &ESTABLISHMENT OFALIMITED TIME PARKINGAREAONTHEWEST'SIDE OF GRAHAM STREET: The City Manager presented a report dated July 20, 1972, which stated that the Advisory Traffic C~mmi=tee, at its meeting of July 14, 1972, reviewed the parking conditions a= 9591~ 9621 and 9701 Graham Street. It was moved by Councilman Roberrs and seconded by Councilman Kanel to approve the installation of "park off pavement" signs on the east side of Graham Street in the unimproved area° The motion was unanimously carried by the following roll call vote= AYE S; NOES .~ ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiawioh~ Harvey, Kanel, Roberrs and Lacayo None None It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO~ 1280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A FORTY (40) MINUTE LIMITED rIME PARKING AREA ON GRAHAM STREETo The motion carried by the following roll call vote= AYES .~ NOES: ABSENT 4 COUNCILMEN: 1 COUNCILMEN: 0 COUNCILMEN: Prankiewich, Ranel, Roberrs and Lacayo Harvey None CONSIDERATION OF APPROVAL TO CONTRACT FOR CITY CODE SUPPLEMENT SERVICE: The City Manager presented a report dae~ July ~ 1~72, which advised that the City has received the renewal contract for zhe Cl:y Code Supplement Service from Municipal Code Ccrporationo It was moved by Councilman Roberrs and seconded by Mayor Lacayo to approve the renewal contract with Municipal Code Corporation for a code supplement service as outlined in the report, provided there is no escalation clause in the contract, and ~o authorize the Mayor to sign and ~he City Clerk to attest the contract form° The motion was unanimously carried by the following roll call vote: AYES: NOES.~ ABSENT 5 COUNCILMEN: 0 COUNCILMEN.~ 0 COUNCILMEN.* Frankiewich, Harvey, Ranel, Roberrs and Lacayo None None CONSIDERATION OF REPORT ON ILLEGAL DUMPING, NORTHEAST CORNER OF DENNI AND ORANGE: The City Manager presented a report dated July 21, 1972, which stated that as requested by the City Council, the Police Department has prepared a report regarding illegal dumping on the property located at the northeast corner of Denni and Orange° It was moved by Councilman Roberrs, seconded by Mayor Lacayo and unanimously carried to receive and file the report° CONSIDERATION OF ACQUISITION OF SURPLDS SCHOOL PROPERTY AT MOODY AND ORANGE: The City Manager reviewed a report dated July 21, 1972, which indicated that the Cypress Elementary School District officials have requested the City Council to determine the amount of the surplus school property located on the northeast - 11 - City Council Minutes July 24, 1972 corner o~ MoDdy and Orange that the City wishes to acquire for park purposes. It was moved by Councilman Kanel and seconded by Councilman Roberrs to continue the consideration of this item to the next regular meeting of the City Council, due to the lateness of the hour° Following discussion whereby the urgency as to a decision on this following roll call vote: City Manager indicated that there was some matter, the motion to continue failed by the AYES: 1 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Fanel Frankiewich, Harvey and Roberrs None Lacayo It was moved by Councilman Harvey and seconded by Councilwoman Frenkiewich to inform the Cypress Elementary School District officials that the City wishes to acquire five acres of the subject propeTtyo The motion was unanimously carried by the following roll call vote: AYES~ 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Roberts and Lacayo None None CONSIDERATION OF ADOPTION OF THE ORDINANCE ESTABLISHING THE CITY TAX RATE FOR 1972/73 FISCAL YEAR: The City Manager presented a report attached to which is a copy of an 0rdinance establishing the City tax rate at $1.00 per $100.00 assessed valuation for the 1972/73 fiscal year° lit was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich to adopt the Ordinance establishing the ~ax rate at $1.00 per $100.00 assessed valuation for the 1972/73 fiscal year° It was then moved by Councilman Fanel and seconded by Councilman Harvey, as a substitute motion, to adopt the following Ordinance reducing the City's tax rate to 95 cents per $100o00 assessed valuation for the 1972/73 fiscal year. ORDINANCE NOo 487 AN ORDINANCE OF THE CITY OF CYPRESS FIXING THE MUNICIPAL TAX RATE FOR THE FISCAL YEAR 1972/73o Following a discussion concerning this ma=:er, Councilman Roberrs stated~ for the record, that he felt that it was outrageous to reduce the tax rate to be popular, when in fact there are serious problems in the City. He further stated that he did not like the added pressure =hat it puts on the City to develop property for income, and therefore, would be voting against the substitute motion. The motion to adopt Ordinance No o 487, establishing the tax rate for the 1972/73 fiscal year at 95 cents per $100.00 assessed valuation, carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Harvey, Fanel and Lacayo Robarts None Mayor Lacayo stated for the record, that if he is still on the Council when the next budget is considered, the first thing that he will remind his fellow Councilmen, is that the Council did a consideration after the fact; and that when the budget is reviewed the next time, a goal should be set for reducing the tax rate for the citizens of Cypress before the Council receives information as was received this evening. - 12 - City ~cil Minutes July 24, 1972 CONSIDERATION OF PROPOSED POSITION CLASSIFICATYON PLAN AMENDMENTS: The City Manager presented a report dated July 21, 1972, which indicated that several amendments are now required to the Position Classification Plan to coincide with the personnel assignments established in the current 1972/73 budgeto I= was moved by Councilman Roberrs end seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 1281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO o 975 BY ADDING CLASS SPECIFICATIONS FOR THE POSITIONS OF BUILDING AND GROUNDS MAINTENANCE SUPERVISOR, COURT LIAISON OFFICER~ FIELD SERVICES INFORMA- TXON O~[ICER, FIELD SERVICES XNSPECTOR, FIELD SERVICES OFFICER, JUNIOR ACCOUNTANT, PAINTER, RESEARCH ASSISTANT, RESIDENT ENGINEER, SENIOR ACCOUNT CLERK AND ZONING ADMINISTRATOR TO THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS° The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewicb, Harvey, Kanel, Roberrs and Lacayo None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 29677 THROUGH 29688 AND 29764 T~ROUGR 29833: It was moved by Councilman Robarts and seconded by Councilwoman Frankiewich to approve the Commercial Warrant List for Warrants Noo 19677 through 29688 and 29764 through 29833 in the total amount of $108,493o31o The motion was unanimously oartied by the following roll call ATES: 5 COUNCILMEN: NOESc 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich~ Harvey, Kanel, Robarts and Lacayo None None CONSIDERAIiON AND REVIEW OF DELINEATION OF ROLE AND FUNCTION OF CYPRESS RECREATION ANDPARKCOMMISSION: The City Manager reviewed a report from the Recreation and Park Director, dated July 19, 1972, which indicated that in order to establish guidelines for the Recreation and Park Commission relative to duties and responsibilities, a draft of the Role and Function of the Cypress Recreation and Park Commiseion was presented to the Commission for its review and comment° It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to continue the consideration of this item to the next regular meeting of the City Council scheduled to be held on August 14, 1972o CONSIDERATION OF ADDITIONAL MaINTENANCE MAN I POSITION: The City Manager presented a report dated July 20, 1972, from the Recreation and Park Director, which stated that the temporary development of Eucalyptus and Baroldi/Sycamore Parks will require the employment of one Maintenance Man I, in order to maintain the additional five acres of park lendll It was moved by Councilman Roberrs and seconded by Councilman Harvey to approve the addition of one Park Maintenance Man I to the Cypress Recreation and Park District allocation~ - 13 - City Council Minutes July 24, 1972 Following discussion, it was moved by Mayor Lacayo and seconded by Councilman Harvey to table this item° The motion wad carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewlch, Harvey, Fanel and Lacayo Roberrs None CONSIDERATION OF BAROLDI/SYCAMORE PARK IMPROVR{ENTS: The City Manager presented a report dated July 20, 1972, from the Recreation and Park Director, which recommended similar temporary improvements as scheduled for the Eucalyptus Park site, be scheduled for the Baroldi/Sycamore Parko It was moved by Councilman Roberrs to continue the consideration of this matter until such time as the previous item, pertaining to the addition of a Maintenance Man I position for the Recreation and Park District, is removed from the table. Councilman Roberrs' motion died for a lack of a second~ It was moved by Councilman Kanel and seconded by Councilman Harvey to approve the development and time table contained in the report, and to authorize the following appropriations from the Baroldi/Sycamore Park Optional DesiSn Fee Fund: ao Account 01-4700-420 b~ Account 01-4700-400 Structures & Improvements $5,000 Equipment 800 The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 1 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Fanel and Lacayo Roberrs None Councilman Roberrs stated, for the record, that the reason for his vote in opposition to this item, was not because he was in opposition to park development, but that he is opposed to park development without maintenance° CONSIDERATION OF ~MPLOYMENT LIST.- CLERK TYPIST II: The City Manager reviewed a report dated July 20, 1972, which indicated that a promotional examination has been conducted for the position of Clerk Typist II in the Recreation and Park District° It was moved by Councilman Fanel and seconded by Councilwoman Frankiewich to certify the employment list for the position of Clerk Typist II in the Recreation and Park District, as submitted° 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 CERTIFICATION OF EMPLOYMENT LIST FOR SECRETARY: The City Manager presented a report dated July 20, 1972, which indicated that a promotional examination has been conducted for the position of Secretary in the Recreation and Park District° It was moved by Councilman Fanel and seconded by Councilwoman Frankiewich to certify the employment list for the position of Secretary in the Recreation and Park District, as submitted. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT= 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Roberts and Lacayo None None - 14 - CiV~ouncii Minutes July 24, 1972 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRA/qT LIST FOR WARRANTS NO. 1632 T~ROUGH 1660 (RECREATION& PARK DISTRICT): It was moved by Councilwoman Frankiewich and seconded by Councilman Roberrs to approve the Recreation & Park District Commercial Warrant List for Warrants No o 1632 through 1660 in the total amount of $15,960~67o 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 SECOND READING OF AN ORDINANCE RE: PRIVATE PATROL PERMITS: It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NOo 488 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 21-11 OF THE CYPRESS CITY CODE REGARDING PRIVATE PATROL PERMITS° It was moved by Councilman Harvey and seconded by Mayor Lacayo to adopt Ordinance No~ 488° The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Hanel, P~3berts and Lacayo None None EXECUTIVE SESSION: At the request of the City Attorney, it wee moved by Councilmen Harvey, seconded by Mayor Lacayo and unanimously carried co go into an Executive Session at 2:23 aomo, to discuss matters of litigation and personnel. The meeting was called back to order at 2~50 aomo, with all Councilmen present. It was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously carried to authorize the City Attorney to appear on behalf of the City and defend the City in the case of Laborers international Union of North America, Local 1184, vso among others, the City of Cypress in the United States District Court for the Central District of California, Case NOB 71-2579-LTL. ADJOURNMENT: It was moved by Councilwoman Frankiewich, seconded by Councilman Renal and unanimously carried to adjourn at 2;55 aomo Ma oR? op cYPREss ATTEST: CT I ¥ CLERK OF' THE ~ITY OF C~PRESS