Minutes 72-09-25MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
September 25, 1972
The regular meeting of the Cypress City Council was called to order at
4:02 p.m., on Monday, September 25, 1972, in the Cypress City Council
Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo
presiding.
PRESENT: Councilmen Frankiewich, Harvey and Lacayo
ABSENT: Councilmen Kanel and Robarts
Also present were City Manager/City Clerk Darrell Essex, City Attorney James
E. Erickson, and the following members of the City Staff: Dunlap, Hawley and
Schatzeder.
MINUTES:
It was the general consensus of the City Council to defer the consideration
of the Minutes to the evening session of the City Council.
STAFF REPORTS AND DISCUSSIONS:
It was moved by Councilman Harvey, seconded by Councilwoman Frankiewich and
unanimously carried to place on the agenee at this time, the consideration of
the parking situation on the east side of Juanira Street, south of Orange Avenue.
It was moved by Councilman Harvey, seconded by Councilwomen Frankiewicb and
unanimously carried that the Advisory Traffic Committee consider the placement
of "No Parking" signs on the unimproved area on the east side of Juanits Street,
south of Orange Avenue, which is currently being used for parking purposes by
students from Cypress College.
It was the consensus of the City Council to proceed to Item No. 1 on the agenda,
at this time.
CONSIDERATION OF AWARD OF CONTRACT FOR VALLEY VIEW STREET IMPROVEMENTS~ PROJECT
#7202'10-0632~ PHASEII: The City Manager presented a report from the Public
Works Director, dated September 22, 1972, which outlined the results of the bids
received for the improvement of Valley View Street from Cerritos Avenue, to the
south City limits.
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich
that the City Council determine that John E. Ewles, Inc., submitted the
lowest responsible bid and to award the contract for the construction of
Valley View Street Improvement, Project #7202-10-0632, Phase II, to John B.
Ewles, Inc., P.O. Box 2268, Westminster, California, per their proposal dated
September 22, 1972, in the amount of $116,762.75, subject to the approval of
the Orange County Road Department. The motion was unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Frankiewich, Harvey and Lacayo
None
Kanel and Roberrs
PRESENTATION ON THE PROPOSED CHINO HILLS AIRPORT: At this time, Mr. Reg Wood,
Chairman of the Board, Chino Hills Airport Complex, Inc., 811 North Broadway,
Suite 400, Santa Arm, California, introduced to the City Council, Mr. John
Lowman, President of the Chino Hills Airport Complex, Inc., and Mr. Joe Samon,
Director of Technical Projects, Chino Hills Airport Complex, Inc., both of whom
presented the City Council with information and statistics in support of an
airport in the Chino Hills area.
- Cf~,_,~ouncil Minutes September 25, 1972
Following the presentation by the proponents of the proposed airport, Mr. Buford
Nichols, Assistant City Manager from the City of Bred, addressed the City Council
expressing that city's opposition to an airport facility at the Chino Hills site.
CONSENT CALENDAR: The Mayor announced that all items listed under "Consent
Calendar" were to be considered by the Council as routine, and enacted By one
motion approving the recommendation on the Administrative Report concerning the
matter.
It was moved by Councilman Harvey, seconded by Councilwoman Frankiewich and
unanimously carried to approve Items No. 2 through 10 on the Consent Calendar.
Item Noo 2: Consideration of certification of employment list for
the position of Account Clerk.
Recommendation: That the City Council certify the employment list for the
position of Account Clerk as submitted.
Item No. 3: Consideration of receipt of Mosquito Abatement District Minutes
of the meeting held on August 17, 1972.
Recommendation: Receive and file.
Item No. 4: Consideration of receipt of notification of application for
a club license at 9737-39 S. Walker Street, Cypress, for the Loyal Order of
the Moose,
Recommendation: Receive and file.
Item No. 5: Consideration of receipt of notification of application for an
Off-Sale Beer and Wine License at 4501 Orange Avenue, Cypress.
Recommendation: Receive and file.
Item No. 6: Consideration of acceptance of improvements and release of bonds
for Tract #7606°
Recommendation: That the City Council accept the public improvements in Tract
#7606 as being satisfactorily completed in accordance with plans and specifications
and authorize the City Clerk to release the Monumentation Bond and the Labor
and Materials Bond upon expiration of their required lien period providing no
mechanic liens are filed, with the Performance Bond to be held for one year
from the date of acceptance to guarantee against any defects in material or
workmanship.
Item No. 7: Consideration of Resolution of Commendation for Recreation and
Park Commissioner William Scheper and Olymp/cMedalist Dana Schoenfield and
Coach Ray Woods,
Recommendation: That the City Council authorize the preparation of Resolutions
of Commendation for former Recreation and Park Commissioner William Schaper,
Olympic Medalist Dana Schoenfield and Cypress Swim Coach Ray Woods, with a
special letter of recognition to be prepared for Cypress Swim Club members
Christa Belardi and Daina Howard.
Item Noo 8: Consideration of certification of employment list for the position
of Stenographer.
Recommendation: That the City Council certify the employment list for the
position of Stenographer as submitted.
Item No. 9: Consideration of certification of employment list for the position
of Maintenance Man IIo
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City Council Minutes September 25, 1972
Recommendation: That the City Council certify the employment list for the
position of Maintenance Man II as submitted.
Item No. 10: Consideration of acceptance of improvements and release of bonds
for Tract #7544.
Recommendation: That the City Council accept the public improvements in
Tract #7544 as being satisfactorily completed in accordance with plans and
specifications and authorize the City Clerk to release the Monumentation Bond
and the Labor and Materials Bond upon expiration of their required lien period
providing no mechanic liens are filed, with the Performance Bond to be held for
one year from the date of acceptance to guarantee against any defects in material
or workmanship.
It was the consensus of the City Council to proceed with Items No. 13, 16, 17, 19,
20, 21 and 22 on the agenda.
CONTINUATION OF CONSIDERATION OF CLARIFICATION OF THE CYPRESS PLANNING COMMISSION'S
STATB2~ENTOF POLICY ONRECREATIONAL'VEHICLE'STORAGEAREAS: The City Manager
presented a report dated September 20, 1972, which requested the continuance
of this item in order that the Field Services Director, Mr. Tom Nudson, be
present.
It was moved by Councilwoman Frankiewich, seconded by Councilman Harvey and
unanimously carried to continue the consideration of this item to the City Council
meeting scheduled to be bold on October 10, 1972o
CONSIDERATION OF CITY OF CYPRESS LIGHTING DISTRICT #2 ADVALOREq ASSESSMENT FOR
CALENDARYEAR1974: The City Manager summarized a report from the Public Works
Director, dated September 20, 1972, which =ranemitted a copy of a Resolution
ordering the City Engineer to prepare a Preliminary Report for street lighting
to provide for levying and collecting assessments on the Ad Valorem basis.
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to
adopt the following Resolution by title only, title as follows:
RESOLUTION NO o 1289
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, OPaERING THE CITY
ENGINEER TO PREPARE A MAP, PLANS, SPECIFICATIONS, ESTIMATE
AND PRELIMINARY REPORT, PURSUANT TO THE PROVISIONS OF
DIVISION 14, PART I, STREETS AND HIGHWAYS CODE, STATE OF
CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET LIGHTING ACT
OF 1919", FOR THE INSTALLATION OF, THE FURNISHING OF ELECTRIC
CURRENT FOR AND THE MAINTENANCE OF A STREET LIGHTING SYSTEM
IN SAID CITY FOR A PERIOD OF EIGHT (8) YEARS, BEGINNING JAN-
UARY 1, 1974 AND ENDING JANUARY 1, 1982.
The motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Frankiewich, Harvey and Lacayo
None
[,anal and Roberrs
CONSIDERATION OF CRESCENT AVENUE PROJECT #7203-10-0598, APPROVAL OF JOINT
POWERS AGREEMENT BETWEEN TM~ COUNTY OF ORANGE AND THECITY'OF'CYPRESS: The
City Manager presented a report from the Public Works Director, dated September
15, 1972, which advised that the City Council has previously approved participation
by the City in a Joint project with the County of Orange to improve Crescent
Avenue from the west City limits to Moody Street.
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City Council Minutes September 25, 1972
It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey
to approve the agreement between the County of Orange and the City of Cypress
for the construction of Crescent Avenue, Project #7203-10-0598, and to authorize
the Mayor to sign the agreement and the City Clerk to attest to his signature,
subject to approval as to form of the agreement by the City Attorney. The
motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Frankiewich, Harvey and Lacayo
None
Kanel and Roberrs
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 30192 THROUGH
30323: It was moved by COuncilwoman Frankiewich and 'seconded by Councilman Harvey
to approve the Commercial Warrant List for Warrants Noo 30192 through 30323 in the
total amount of $112,817o91. The motion was unanimously carried by the following
roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Frankiewich, Harvey and Lacayo
None
Kanel and Roberrs
CONSIDERATION OF APPROVAL OF LEASE AGREEMENT WITH THE CYPRESS POP WARNEE FOOTBALL
LEAGUE: The City Manager presented a report from the Recreation and Park Director,
dated September 14, 1972, attached to which is a copy of an agreement which has
been executed by the president and secretary of the Cypress Pop Warner Football
League for the use of the concession facility located at Oak Knoll Park.
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich
to authorize the Mayor to sign the agreement between the Cypress Pop Warner
Football League and the Cypress Recreation and Park District for the use of
the concession facility located at Oak Knoll Park. The motion was unanimously
carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Frankiewich, Harvey and Lacayo
None
Kanel and Roberrs
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR. WARRANTS NO. 1799 THROUGH
1826 (.RECREATION & PARK DISTRICT): It was moved by Councilwoman Fra~kiewich and
seconded by Councilman Harvey to approve the Cypress Recreation and Park District
Commercial Warrant List for Warrants No. 1799 through 1826, in the total amount of
$28,439.12. The motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Frankiewich, Harvey and Lacayo
None
Kanel and Roberrs
~ECOND READING OF AN ORDINANCE--ANNEXATION NO. 72-2: It was m~ved by Councilman
Harvey, seconded by Councilwoman Frankiewich and unanimously carried to reed the
following Ordinance by title only. Title of the Ordinance is as follows:
ORDINANCE NO. 494
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE ANNEXATION OF CERTAIN TERRITORY, DESIGNATED
AS "ANNEXATION NO, 72-2" TO THE CITY OF CYPRESS°
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to
adopt Ordinance No. 494° The motion was unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEN:
0 COUNCILMEN:
2 COUNCILMEN:
Frankiewich, Harvey and Lacayo
None
Kanel and Roberrs
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City Council Hinutes September 25, 1972
At the request of the City Manager, it was moved by Councilman Harvey, seconded
by Councilwoman Frankiewich and unanimously carried to place on the agenda for
consideration as Item No. 18 (a), the consideration of two Resolutions pertaining
to a temporary transfer of funds to the Cypress Recreation and Park District.
COUNCILMAN ROBERTS ARRIVED AT 5:45 P.M.
It was moved by Councilwoman Frankiewich, seconded by Mayor Lacayo and unanimously
carried to place on the agenda for consideration at this time, a matter concerned
with the term "Councilwoman."
It was the general consensus of the City Council that a letter be directed to
the California State Senators from Orange County, urging support of the official
recognition of the designation of "Councilwoman", for women elected to City Councils.
RECESS:
Mayor Lacayo declared a recess at 5:48 p.m., to 7:30 p.m.
CALL TO ORDER:
The meeting was called back to order at 7:30 p.m., in the Cypress City Council
Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding.
PRESENT: Councilmen Frankiewich, Harvey, Roberrs and Lacayo
ABSENT: CounCilman Hanel
Also present were CityManager/City Clerk Darrell Essex, City Attorney James E.
Erickson and the following members of the City Staff: Bryant, Dunlap, Hawley,
Robertson and Schetzeder.
PLEDGE OF ALLEGIANCE:
Councilwoman Frankiewich led the City Council and audience in the Pledge of
Allegiance,
ORAL COMMUNICATIONS:
Mr. Larry Ethelmeyer, 5800 Orange Avenue, Cypress, addressed the City Council
in reference to the parking problems in the vicinity of Cypress College. Also
addressing the City Council in reference to this matter, wee Mr. Frances Boykin,
5917 Noumea Street, Cypress.
At this time, Mr. Jack Allen, Commander, VFW Post #9847, presented Mayor Lacayo
with the POW/MIA flag, which was authorized by the City Council at its meeting
of September 11, 1972 to beflo~Fa on the City's flag staff. Mayor Lacayo then
introduced Mr. and Mrs. Munoz, Cypress, parents of David Munoz, who is missing
in action.
RECESS:
Mayor Lacayo declared a recess at 7:47 p.m. The meeting was called to order
at 7:50 p.m., with the following Councilmen present:
PRESENT: Councilmen Frankiewich, Harvey, Roberrs and Lacayo
ABSENT: Councilman Kanel
At the request of Mayor Lacayo, the City Manager reviewed the actions which were
taken by the City Council at its afternoon session.
MINUTES:
With regard to the Minutes of September 11, 1972, Councilman Harvey requested
that the following statement be added to page 4, pertaining to his vote in
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City Council Minutes September 25, 1972
opposition to the adoption of a Resolution opposing the Sou=hem California
Edison Company application for a rate increase: "Councilman Harvey stated
that he voted in opposition, not because he was approving a rate increase, but
that he had intended to offer a substitute motion that this matterbe received and
filed, and that the City assume the same position which they had inprevious
cases when this was brought before the Council." Councilman Harvey further
requested that on page 8, the fact that he had to leave the meeting at 10:30 p.m.,
because of illness, be included.
It was then moved by Councilwoman Frankiewich, seconded by Councilman Roberrs
and unanimously carried to approve the Minutes of September 11, 1972, as corrected.
It was moved by Councilwoman Frankiewich, seconded by Councilman Roberrs and
unanimously carried to approve the Minutes of September 16, 1972, as presented.
CONTINUATION OF CONSIDERATION OF VARIANCES V-309 and V-310: The Planning
Director presented a report dated September 12, 1972, which indicated that the
City Council, at its meeting of September 11, 1972, approved Variances No. V-309
and V-310, and requested the staff to recommend to the Council, conditions of
approval.
It was moved by Councilman Robarts and seconded by Councilman Harvey to approve
the conditions of approval for Variances No. V-309 and V-310, as contained in
the Report dated September 12, 1972, with the following modifications:
Building plans and elevations shall be submitted for review
and approval by the Planning Director, subject to appeal by the
applicant, the Planning Commission, or an individual City Councilman.
Plans for the proposed landscaping and irrigation system shall
he submitted for review and approval by the Planning Director, subject
to appeal by the applicant, the Planning Commission, or an individual
City Councilman.
7. The stripping on parking space No. 13 shall be removed.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Frankiewich, Harvey, Roberrs and Lacayo
None
Kanel
CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS: The City
Manager presented a report dated September 20, 1972, which outlined the Commission
and Committee vacancies currently in existence.
Hearing no objections, Mayor Lacayo directed this matter to be continued to the
next regular meeting of the City Council, scheduled to be held on October 10, 1972.
CONTINUATION OF CONSIDERATION OF REPORT ON TEEN CENTER FIRE: The City Manager
presented a report dated September 20, 1972, which stated that the City Council,
at its regular meeting of September 11, 1972, continued the consideration of the
report on the Teen Center fire to the meeting of September 25th in order to allow
the staff additional time to prepare a report on the financial implications
of the fire.
Following a discussion concerning the reconstruction of the Teen Center facility,
it was moved by Councilman Harvey and seconded by Councilman Roberrs to authorize
the City Manager to execute statements and Proof of Loss forms for both the
building and contents in the amounts set forth in the report. The motion was
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Frankiewich, Harvey, Roberrs and Lacayo
None
Kanel
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City Council Minutes September 25, 1972
CONSIDERATION OF SELECTION OF CITY COUNCIL M~4BER AS SPOKESMAN AT THE LEAGUE
OF CALIFORNIA CITIES CONFERENCE ON THE AIRPORT LAND USE COMMISSION RESOLUTION:
The City Manager reviewed a report dated September 20, 1972, which advised that
the City has received notification by the League of California Cities that the
City of Cypress resolution relating to the Airport Land Use Commission will
be submitted to the General Resolutions Committee and the Resolutions Committee
of the Mayors' and Councilmen's Department for consideration at the Annual
League Conference in Anaheim, on Monday, October 16, 1972.
It was the general consensus of the City Council to designate the Mayor, or in
the event that he is unable to attend, the Mayor Pro Tem, to address the
Resolutions Committee at the League Conference on the City's resolution regarding
the Airport Land Use Commission.
CONSIDERATION OF A CATV ORDINANCE: The City Manager presented a report dated
September 20, 1972, from the Administrative Coordinating Team, which contained
an analysis of the League of California Cities' model TV Ordinance, as well as
recommendations for a City Cable Television Ordinance.
Discussion ensued with regard to the Team recommendations for a CATV Ordinance,
whereby it was the feeling of the Council that the Ordinance should provide a
fifteen year franchise, and that rather than deleting any reference to "overhead"
installation of wires and other facilities, that they be defined and controlled.
It was moved by Councilman Harvey and seconded by Councilman Roberts to direct
the City Attorney to amend the League of California Cities' model CATV Ordinance,
as outlined in the report, with the modifications agreed upon by the City Council,
and that it be returned in final form for adoption at the next regular meeting
of the City Council, scheduled to be held on October 10, 1972. The motion was
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Frankiewich, Harvey, Roberrs and Lacayo
None
Kanel
CONSIDERATION OF AUTHORIZING A TEMPORARY TRANSFER OF FUNDS TO THE CYPRESS
RECREATION AND PARK DISTRICT: It was moved by Councilman Roberts and seconded
by Councilman Harvey to adopt the following Resolution by title only, with the
assurance from the staff that the City has a sufficient amount in its budget
to allow for the transfer of $100,000. Title of the Resolution is as follows:
RESOLUTION NO. 1290
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING AND DIRECTING A TEMPORARY TRANSFER OF FUNDS
TO THE CYPRESS RECREATION AND PARK DISTRICT.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich, Harvey, Roberts and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Kanel
It was then moved by Councilman Roberts and seconded by Councilman Harvey to
adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 1291
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING AND DIRECTING THE IMPLEMENTATION OF A TEMPORARY
TRANSFER OF FUNDS TO THE CYPRESS RECREATION AND PARK
DISTRICT.
- 7-
City Council Minutes September 25, 1972
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Roberts and Lacayo
None
Hanel
For the record, Councilman Roberts stated that the City Council has directed
itself to the question of a marginal fund balance in the Recreation and Park
District fund, and has taken steps to try to make that fund balance grow
over the years so that hopefully, sometime in the future, the transfer of funds
will not have to occur.
ORAL COMMUNICATIONS:
There were no oral connnunications presented at this time.
At the request of the City Manager, it was moved by Councilman Roberrs, seconded
by Councilwoman Frankiewich and unanimously carried to place on the agenda for
consideration at this time, a matter pertaining to the direction the City should
take in order that the Zoning Ordinance and map be brought into conformance with
the General Plan by January 1973, as required by State law.
Discussion was held regarding two alternatives, contained in a memorandum from the
Planning Director to the City Manager dated September 20, 1972, which would accomplish
the task of bringing the City's Zoning Ordinance and map into conformity with the
General Plan.
It was moved by Councilman Roberts and seconded by Councilwoman Frankiewich to
select the second alternative in the memorandum, which directs the immediate
preparation of a new Zoning Ordinance, text and map, together with the
necessary amendments to the land use element of the General Plan, thereby
bringing the City into compliance with the State law if accomplished prior to
January 1, 1973; and further, for the Planning Commission to immediately
initiate Public Hearings on the adoption of the Zoning Ordinance as a permanent
Ordinance of the City. The motion carried by the following roll call vote:
AYES: 3 COUNCILMEN: Frankiewich, Roberrs and Lacayo
NOES: I COUNCILMEN: Harvey
ABSENT: 1 COUNCILMEN: Kanel
A complete transcription of this matter will be kept on file in the office of
the City Clerk.
EXECUTIVE SESSION:
At the request of the City Manager, Mayor Lacayo declared an Executive Session
at 9:50 p.m, in order to discuss a matter of personnel. The meeting was called
back to order at 11:35 p.m., with the following Councilmen present:
PRESENT: Councilmen Frankiewich, Harvey, Roberts and Lacayo
ABSENT: Councilman Kanel
ADJOURNMENT:
It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously
carried to adjourn the meeting at 11:36 p.m., in memory of Buena Park Police
Officer Darrel Care, who recently was fatally wounded while in the line of
. ~/ ~
MA Z/ H YPRESS
ATTEST:
CIf~CLERI~'OF THE ~fTY OF CYPRESS
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