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Minutes 72-12-11MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 11, 1972 The regular meeting of the Cypress City Council was called to order at 4:12 pom., on Monday, December 11, 1972, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, Californian PRESENT: Councilmen Frankiewich and Harvey ABSENT: Councilmen Kanel, Roberrs and Lacayo ADJOURNMENT: Due Uc lack of a quorum the meeting was adjourned to 4c30 pom0 CALL TO ORDER: The regular meeting of the Cypress City Council was called to order at 4:30 p~mo, on Monday, December 11, 1972, in the Cypress City Council' Chambers, 5275 Orange Avenue, Cypress, California~ PRESENT: Councilmen Frankiewich, Harvey and Lacayo ABSENT: Councilmen Fanel and Roberrs Also present were City Manager/City Clerk Darrell Essex, City Attorney James E!I Erickoch and the following members of the City Staff: Bryant, Dunlap, Nudeon, Robertson and SchaUzedero MINUTES: Iu was the general consensus of the City Council to continue consideration of ~he Minutes until such time as all Councilmen are present~ The City Manager requested that Items 7 and 16 be taken out of order as interested persons were present in the Council Chambers regarding these items° the City Manager also requested that Item 14 be heard before the Consent Calendar in order to keep the resolution numbers in sequence~ was moved by Mayor Lacayo, seconded by Councilwoman Frankiewich and unanimously ~arried to consider Item 7 at this time and to place Item 14 on the agenda before ~he Consent Calendar° CONTINUATION OF CONSIDERATION OF tHE MEMORANDUM BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE ASSOCIATIONc Mro Mark Reid of the Council of the California League of City Employees Association (CLOCEA), who is representing the Police Officers Association, addressed the City Council on this subject° Mjco Reid said the main issue that needs to be resolved is the matter of paid health insurance for employees' dependents~ He requested that the City Council give the City Manager the necessary authority to continue the negotiations° I~ was the consensus of the City Council to receive and file the report on this matter° It was moved by Mayor Lacayo, seconded by Councilwoman Frankiewich and unanimously ~arried to take Item 16 and place i~ before lUem 14 as it currently stands before the Consent Calendar° CONSIDERATION OF AUDIT REPORT FOR THE PERIOD ENDING JUNE 30, 1972: The City Manager reviewed a Staff report dated December 8, 1972, transmitting a copy of the audit report prepared by Diehl~ Evans and Companyo Mr~ Donald Callshah, of Diehl, Evans and Company, addressed the City Council on the audit repor=o City Council Minutes December 11, 1972 COUNCILMAN KiNEL ARRIVED AT 5:13 P.M. It was the consensus of the City Council to continue this item later in the meeting as Item 16 on the agenda. The Mayor read a letter received from Mr. John Cady, 4302 Surrey Drive, Cypress, regarding the problem of young people climbing over walls into the trailer park. The Mayor requested that this item be put on the next agenda and that the Staff have a report at that time. The Mayor stated that he had presented letters of commendation to five Paid-Call Volunteer Firemen at their December 9th party. He said the public is unaware of the facilities and many services available at the Fire Department. The Fire Department has many public service films they would like to show to clubs and schools; however, they have no projector with which to do this. The Mayor instructed the City Manager to explore methods of obtaining a film projector for the Fire Department. EXECUTIVE SESSION: At the request of the City Attorney, the Mayor declared an Executive Session at 5:29 p.m. to discuss matters of litigation. COUNCILMAN ROBEITS ARRIVED AT 5:45 P.M. The meeting was calle~ back to order at 6:00 p.m. with all Councilmen :present. RECESS: Mayor Lacayo declard a recess at 6:00 p.m., to 7:30 p.m. CALL TO ORDEI: The meeting was calle~ back to order at 7:42 p.m., in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: Councilmen Frankiawich, Harvey, Hanel, Roberrs and Lacayo ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickeen, and the following members of the City Staff: Bryant, Dunlap, Hawley, Nudson, Robertson and Schatzeder. PLEDGE OF ALLEGIANCE: Councilman Harvey le~ the City Council and Audience in the Pledge of Allegiance. At the request of Mayor Lacayo, the City Manager reviewed the various actions which were taken by the City Council at its afternoon session. ORAL COMMUNICATIONS: MINUTES: It was move] by Councilman Eanel, seconded by Councilwoman Frankiewich and unanimously carried to approve as mailed the minutes of August 19, 1972, October 24, 1972, November 13, 1972, November 18, 1972, November 20, 1972 and November 27, 1972, with Councilmmn Harvey abstaining on the minutes of August 19, 1972 and October 24, 1972, at which meetings he was not present, and Councilman Hanel abstaining on the minutes ef November 18, 1972, at which meeting he was not present. - 2- City Council Minutes December 11, 1972 CONSIDERATION OF RESOLUTION ESTABLISHING SALARIES AND BENEFITS: The City Manager reviewed a report dated December 8, 1972, submitting a resolution establishing salaries and benefits for the City employees, pursuant to the Memorandum of Understanding adopted by the City Council at the adjourned regular meeting of December 4, 1972. It was moved by Councilman Harvey and seconded by Councilman Kanel to adopt the resolution by title only, title as follows: RESOLUTION NO. 1309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A BASIC COMPENSATION PLAN, ESTABLISHING SALARIES FOR MISCELLANEOUS CITY EMPLOYEES PLACED UNDER THE BASIC COMPENSATION PLAN, AND ESTABLISHING SALARIES FOR CITY EMPLOYEES NOT PLACED UNDER THE BASIC COMPENSATION PLAN. The motion carried with the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Roberts and Lacayo None None CONSENT CALENDAR: The Mayor announced that all matters listed under the Consent Calendar were to be considered by the City Council as routine in nature and enacted by one motion approving the reconnnendation contained in the Administrative Report concerning the matter. It was moved by Councilwoman Frankiewich, seconded by Councilman Roberts and unanimously carried to approve Items 1 and 2 on the Consent Calendar, as was requested by the Staff. Item No. 1: Consideration of a Resolution Commending Boy Scout Larry Brown on Achieving the Rank of Eagle Scout. Recommendation: That the City Council adopt a resolution commending Boy Scout Larry Brown by title only, title as follows: RESOLUTION NO. 1310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CYPRESS BOY SCOUT LARRY BROWN ON ACHIEVING THE RANK OF EAGLE SCOUT. Item No. 2: Consideration of a Claim for Damages Submitted by Clinton B. Cary. Recommendation: That the City Council officially deny the claim, and request the City Manager to forward the claim to the City's insurance carrier. CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS: Councilman Harvey requested that the City Council conduct personal interviews for applicants to the various commissions. It was the general consensus of the City Council to interview applicants for the Planning Commission on Saturday, January 6, 1973, at 9:30 a.m. The City Manager is to contact the applicants. At the January 8, 1973, meeting of the City Council, a schedule will be determined for interviewing appli- cants for the other commissions. Councilwoman Frankiewich stated that she felt notice should be given directly to the City Council by any commission member wishing to take a leave of absence. The Mayor requested the City Manager to prepare a report regarding commission member absentee policy for the meeting of January 8, 1973. The Mayor requested the City Manager to get documentation from the Commissioner who is currently on leave of absence. It was moved by Councilman Roberts, seconded by Councilwoman Frankiewich and unanimously carried to continue this item to the adjourned meeting of January 6, 1973. - 3- City Council Minutes December 11, 1972 CONTINUATION OF CONSIDERATION OF ASSESSMENTS FOR WEED AND RUBBISH ABATEMENT OF SEASONAL AND RECURRING WEEDS~ PHASE I: It was the consensus of the City Council to consider Item 5, "Continuation of Consideration of Weed Abatement Charges on Baroldi Property," before Item 4. EXECUTIVE SESSION: At the request of the City Manager, the Mayor declared an Executive Session at 8:07 p.m. to discuss matters of litigation. The meeting was called back to order at 9:04 p.m. with all Councilmen present. The City Manager stated that the City Attorney had advised that Items 4 and 5 should be continued until the City Manager has a chance to meet with the Baroldi's and the weed abatement contractor on this matter. It was moved by Mayor Lacayo, seconded by Councilman Kanel and unanimously carried to continue Items 4 and 5 to the City Council meeting of January 8, 1973, upon advice from the City Attorney. CONTINUATION OF CONSIDERATION OF TRUTH IN HOUSING ORDINANCE: The City Manager reviewed a report dated December 7, 1972, generally stating that the City would be unable to control the sale of new residential homes in the area. The City Attorney explained the problem of preemption by the State. It was pointed out that this matter was precipitated by the situation of the Los Alamitos Naval Air Station. Discussion followed regarding information that should be provided to prospective property owners for their protection. It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to instruct the Staff to prepare an ordinance for review at the January 8, 1973 meeting regarding variances, special restrictions, city maps, notification of close proximity of the Los Alamitos Naval Air Station, possible reactivation of airport activity at the Naval Air Station, proximity of schools, etc. The information to be provided by the City should be of uniform format so that every person receives the same information in the same format. CONTINUATION OF CONSIDERATION OF THE MEMORANDUM BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE ASSOCIATION (Cont'd): This item was continued from the afternoon session. It was moved by Councilman Roberts, seconded by Councilman Harvey and unanimously carried to continue this item to the meeting of December 18, 1972. CONTINUATION OF CONSIDERATION OF THE RECONSTRUCTION OF THE CYPRESS TEEN CENTER: It was moved by Councilwoman Frankiewich, seconded by Mayor Lacayo and unanimously carried to continue this item to the next regular meeting of January 8, 1973. CONSIDERATION OF ANNUAL ARTERIAL HIGHWAY FINANCING PROGRAM AND FEDERAL AID URBAN REQUESTS: The Director of Public Works reviewed a report dated December 7, 1972 outlining projects which may be eligible for participation by the County of Orange in their Arterial Highway Financing Program (AHFP), and also projects which may be eligible for Federal Aid Urban funds. Following discussion, the City Council requested further information regarding the funding of the Katella Avenue Improvement Project and a report on the status of the City Gas Tax Funds. Hearing no objections, the Mayor ordered this item continued to the December 18, 1972 meeting. RECESS: The Mayor declared a recess at 9:40 p.m. The meeting was called back to order at 9:48 p.m. with all Councilmen present. -4- City Council Minutes December 11, 1972 183 CONSIDERATIGN OFAPPRGVAL OF FEDERAL AID URBAN SYSTeMMAP: The Director of Public Works reviewed a report dated December 6, 1972, requesting the City Council to approve designation of certain streets in the City Street System ae Federal Aid Urban routes on the Federal Aid Urban System for Orange County° Following discussion, it was moved by Councilman Roberrs and seconded by Councilman Harvey to adopt by title only a res~lution appreving the proposed Federal Aid Urban System, title as follows: RESOLUTION NO~ 1311 A RESOLUTION OF THE CITY OF CYPRESS APPROVING THE PROPOSED FEDERAL-AID URBAN STREET SYST2MFOR THE CITY OF CYPRESS URBANIZED AREA PORTION OF THE LOS ANGELES- LONG BEACH METROPOLITAN AREA/ The motion carried wlth the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Kansl, Roberta and Lacayo None None CONSIDERATION OF ACqUISITI0~ pF STEEE~9__~H~_.=~ WAY ON ORANGE AVENUE~ PROJECT ~7201-1G-0625: The Director of Public Works reviewed a report dated December 6, 1972, outlining the agreements negotiated by the Engineering Division with the property owner on the southeas~ corner and with the property owner immediately east of the corner parcel° It was moved by Councilwoman Franki~wich and seconded by Councilman Kanel to approve the agreements negotiated by the Engineering Division with the property owners of the parcel at the southeast corner cf WalKer Street and Orange Avenue, and the parcel immediately east of the corner parcel~ and authorize the issuance of checks in the amount cf $15~000~00 and $850,00 te the propert~ 0%11erso The motion was unanimously carried by ~he following roll call v~te~ AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN-~ 0 COUNCILMEN: Frankiewich~ Harvey, Kane~ Roberrs and Lacayo None None CONSIDERATION OF ACCEPTANCE OF FINAL TRACT MAP ~7892: The City Manager reviewed a report dated November 30, 1972, recommending acceptance of Final Tract Map #78921 It was moved by Councilman Fanel and seconded by Councllwoman. Frankiewich to approve Final Tract Map ~7892 and accept the bonds and agreements for public improvements in the amount of $124~600~00 which is not less than 50% nor more than 100% of the to=el improvements and to authorize the Mayor end the City Clerk to sign the agreements end authorize the City Clerk to sign the record map upon completion of the following conditions: ao Approval of bonds and agreements by City Attorney~ bo Completion of corrections required for improvemen~ plans° Complete the items required by Csnditions #24 and ~35 as etated above° Agreement by the developer to the above conditions° The motion was unanimously ,carried with the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Harvey, Kanel~ Roberrs and Lacayo None None - 5- City Council Minutes December 11, 1972 CONSIDERATION OF COMMUNICATION FROM. ANAHEIM. CHAMBER OFCOMMERCE BOARD OF DIRECTORS: The City Manager reviewed a report dated December 7, 1972, outlining a request from the Anaheim Chamber of Counnerce Board of Directors for the City Council to approve an extension of Orange County Transit District Bus Route 5 into the Cypress area. Discussion followed on the need for the bus route to stop at the Buena Park Shopping Center which is used by many Cypress residents. Councilman Kanel stated for the record that it was his intent to inform the Orange County Transit District, of which he is a member, that the majority of Cypress residents do their shopping at the Buena Park Shopping Center. It was moved by Councilwoman Frankiewich and seconded by Councilman Roberrs to instruct the City Manager to recommend the extension of Route 5 to the Anaheim Chamber of Commerce and the Orange County Transit District as outlined in the report of December 7, 1972, with the Buena Park Shopping Center to he included in Route 5. The motion carried with the following roll call vote: AYES: NOES: ABSTAIN: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Frankiewich, Harvey, Roberrs and Lacayo None Kanel It was noted that the reason for Councilman Kanel's abstention was because he is a Director of the Orange County Transit District. CONSIDERATION OF REQUEST FROM GAEDEN GROVE SANITARY DISTRICT FOR ADOPTION OF RESOLUTION: The Mayor reviewed the matter of a request from the Garden Grove Sanitary District to the City Council requesting the City to take a position similar to that of the Garden Grove Sanitary District regarding adoption of an ordinance by the Orange County Sanitation District #2 imposing connection fees for residential, individual and commercial buildings. Following discussion, it was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to receive and file this matter. CONSIDERATION OF AUDIT REPORT FOR THEPERIODENDING JUNE 30~ 1972 (Cont'd): The Mayor recapped the afternoon session's presentation by Mr. Donald Callahen on this matter. It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to receive and file the audit report for the period ending June 30, 1972. It was the general consensus of the City Council to submit all questions on the audit report to the City Manager's office to be included in a report by the Staff which will be presented at the January 8, 1973 meeting. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 30717- 30817: It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey to approve the Commercial Warrant List for Warrants No. 30717 through 30817, in the total amount of $122,976.98. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Hanel, Roberrs and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONTINUATION OF CONSIDERATION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS RECREATIONANDPARK DISTRICT EMPLOYEES: The City Manager reviewed a report dared December 8, 1972, stating that he had been unable to complete the meet and confer sessions due to the fact that the representative from the Orange County Employees Association has been on Jury duty. It was moved by Councilman Harvey, seconded by Councilwoman Frankiewich and unanimously carried to continue this item to the December 18, 1972 meeting. - 6- City Council Minutes December 11, 1972 CONSIDERATION OF PURCHASE OF CYPRESS SCHOOL DISTRICT BUS: The Director of Parks and Recreation reviewed reports dated December 6 and December 11, 1972, regarding arequest that the City Council authorize the purchase of a 79 passe~ser bus and appropriate $4,000 for the purchase of said bus from the Cypre School District° Discussion followed on the cost of liability insurance, a driver~ repairs and maintenance, gas and oil, etco, and the fact that this was an unbudgeted item~ It was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to receive and file this reporto If Staff desires, they may include this item when the next budget is considsredo CONSIDERATION OF ESTABLISHING A SISTER CITY PROGRAM AD HOC COMMITTEE: Following review of a report dated December 6, 1972, containing a request from the Arts & CUltural Commission that an ad hoc cormnittee be established to study the possi- bility of forming e Sister City Program for the City of Cypress, it was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to establish an ad hoc tomunities to study ~he feasibility of establishing a Sister City Program for the City of Cypress~ and that the committee include members of the City Council, Chamber of Commerce, RecreaCion and Parks Commission, and the Arts & Cultural Commission° It was moved by Councilman Harvey~ seconded by Councilman Roberrs and unanimously carried that the City Council approve sending the Chairman of the Arts and Cultural Commission te the annual conference of the United States/Mexico Sister Cities Association, Into to be held in Downey on 3anuary 27 and 28~ 1973~ with expenses net to exceed $25o CONSIDERATION OF DESIGN AND PLACtMENT OF A CXVIC CENTER MARQUEE: The City Council reviewed a report dated December 6, 1972 containing a recommendation from the Arts & Cultural Commission that a study be done relative tce possible marquee in front of the Civic Center~ Iu was moved by Councilman Roberrs, seconded by CouncilwDman Frankiewich and unanimously carried to direct the Staff to make a study as to the feasibility of placing a marquee on the Civic Center property, with the study to include cost, architectural design~ size and any other pertinent informa~ion relative to the sign ordinance° CONSIDERATION OF ARTS & CULTURAL COMMISSION AS IT RELATES TO THE LEAGUE OF CALIFORNIA CITIES: The Park and Recreation Director reviewed a report dated December 6, 1972, regarding a request from the Arts & Cultural Commission that sessions and workshops concerning art and cul~cural activities be included at the Suets conference of the League of California Citieso Following discussion, it was moved by Councilman Harvay~ seconded by Councilman RoberUe and unanimously carried to request the Arts & Cultural Commission to submit a letter requesting consideration of adding sessions and workshops to the League of California Cities State Conference relative to art and cultural com- mission activities, to which will be added a cover letter directed to Duane Winters, State Director of the Orange County Division, stating approval by the City Council. Councilman Harvey will deliver both letters personally/ CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LiST FOR WARRANTS NOo 1945 - 1972 (CYPRESS RECREATION & PARK DISTRICT): It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey to approve the Recreation and Park District Commercial Warrant List for Warrants Noo 1945 through 1972 in the total amount of $14,719o86o The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMENc NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Harvey~ Kanel~ Roberrs and Lacayo None None - 7- City Council Minutes December ll, 1972 SECOND READING OFNEWZONINGONDINANCE: It was moved hy Councilwoman Frankiewich, seconded by Mayor Lacayo and unanimously carried to reed the title of the proposed ordinance, title as follows: ORDINANCE N0. 497 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING ORDINANCE NO. 90 OF THE CODE OF THE CITY OF CYPRESS, AND SETTING FORTH NEW PROVISIONS ESTABLISHING LAND USE CLASSIFICATIONS; DIVIDING THE CITY INTO ZONES; IMPOSING REGULATIONS, PROHIBITIONS AND RESTRIC- TIONS FOR THE PROMOTION OF HEALTH, SAFETY, MORALS, CONVENIENCE, AND WELFARE; CONCERNING THE USE OF LAND FOR RESIDENTIAL AND NON-RESIDENTIAL PURPOSES; REGULATING AND LIMITING THE HEIGHT AND BULK OF BUILDINGS AND OTHER STRUCTURES; LIMITING LOT OCCUPANCY AND THE SIZE OF YARDS AND OTHER OPEN SPACES; ESTABLISHING STANDARDS OF PERFORMANCE AND DESIGN; ADOPTING A MaP OF SAID LAND USE ZONES; PRESCRIBING PROCEDURES FOR CHANGES OF ZONE, CONDITIONAL USE PERMITS, VARIANCES, OR OTHER PERMITS; PRESCRIBING PENALTIES FOR VIOLATIONS OF SAID ORDINANCE; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. Ir was moved by Councilman Robarts and seconded by Councilman Fanel to adept Ordinamce No. 497 by title only. The motion carried with the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMAN: ABSENT: 0 COUNCILMEN: Frankiewich, Fanel, Roberrs and Lacayo Harvey None .:SECOND READING OF AN ORDINANCE ADOPTING A NEW OFFICIAL ZONING MAP: It was moved by Councilman Robarts, seconded by Councilman HArvey and unanimously carried to read the title of the proposed ordinance, title as follows: ORDINANCE NO. 498 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A NEW OFFICIAL ZONING MaP ESTABLISHING NEW ZONE CLASSIFICATIONS FOR THE CITY OF CYPRESS. It ~as moved by Councilwoman Frankiewich and seconded by Councilman Roberrs to adopt Ordinance No. 498 by title only. The motion carried with the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMAN: ABSENT: 0 COUNCILMEN: Frankiewich, Fanel, Roberrs and Lacayo Harvey None WElTTEN AND ORAL COMMUNICATIONS: Mr. Jim Hardesty, 5853 Holmby Court, Cypress, addressed the City Council on the matter of the Leal Dairy. FIr. Hardesty presented five letters to the City Council to be entered in the record at the Public Hearing on the Leal Dairy scheduled for January 8, 1973. The Mayor requested t~e City Manager to report back on the purchase of a camera which had been recommended for the Weed Abatement Program. FAr. Gray Farley, 5803 Holmby Court, Cypress, addressed the City Council on the matter of revenue sharing funds. -8- City Council Minutes December 11, 1972 AD JOURNMENT: Ic was moved by Councilwoman Frankiewich, seconded by Councilman Harvey and unanimously carried to adjourn the meeting at 11:32 pomo t8 December 18, 1972, at 7:30 ATTEST: -9-