Minutes 73-04-23MIN13TES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
April 23, 1973
The regular meeting of the Cypress City Council was called to order at
4:07 pomo, on Monday, April 23, 1973, in the Cypress City Council Chambers,
5275 Orange Avenue, Cypress, California, Mayor Pro Ten Frankiewich presiding.
PRESENT: Councilmen Harvey, Roberrs and Frankiewich
ABSENT: Councilmen Fanel and Lacayo
Also present were City Manager/City ClerkDarrell Essex, City Attorney James
Eo Erickson and the following members of the City Staff: Bryant, Charkow,
Dunlap, Hawley and Schatzedero
MINUTES:
It was the general consensus of the City Council to defer the consideration of
the Minutes until such time as all Councilmen are present.
STAFF REPORYS AND DISCUSSIONS:
At the request of the City Manager, it was moved by Councilman Roberrs, seconded
by Councilwoman Frankiewich and unanimously carried to place on the Consent
Calendar, as Item No. 11 b, the Consideration of a Request to Proclaim
May 1-7, 1973, as "Respect for Law Week°"
It was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and
unanimously carried to place on the Consent Calendar, as Item No. 11 c, the
Consideration of a Request to Proclaim April 29-May 5, 1973, as "Postal Week"
in the City of Cypress.
It was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and
unanimousiF carried to place on the agenda for consideration as Item No. 29 a,
a Resolution accepting the Grant Deed on the purchase of the McCoy
property, which is located adjacent to the Frank Noe Community Building.
It was the general consensus of the City Council to proceed to Item No. 5
on the agened at this time.
CONSENT CALENDAR: The Mayor Pro Tom announced that all matters listed under
"Consent Calendar" were to be considered by the City Council as routine and
enacted by one motion approving the recorranendation listed on the agenda.
It was moved by Councilman Roberts, seconded by Councilman Harvey and unanimously
carried to approve Items No, 5 - 11 c on the Consent Calendar.
Iten No. 5: Consideration of Award of Community Service Plaques.
Recommendation: That the City Council authorize the presentation of Community
Service Plaques to Major David Luna and Mr. Alfonso Ridtoo
Item No~ 6: Consideration of Proclamation Declaring May 1, 1973 as "Loyalty
Day" in the City of Cypress°
Recommendation: That the Mayor and City Council proclaim May 1, 1973 as
"Loyalty Day" in the City of Cypress°
Item Noo 7: Consideration of Proclaiming the month of May as "Correct Posture
Month°"
Recommendation: That the Mayor and City Council proclaim the month of May as
"Correct Posture Month°"
Cit~cil Minutes
April 23, 1973
Item No, 8~ Consideration of Support of the Orange County Career Fair.
Recommendation: That the City Council request the City Manager te direct a
communication t~ the Director of Career Education indicating City Council
support of the Career Fair, and offering the City Council'$ host wishes for
its success°
Item Noo 9c Consideration of a Request to Purchase an Ad in the Cypress Girls'
Softball Brochurel,
Recommendation: That the City Council authorize the City Manager to purchase
a $50°00 ad in the Cypress Girls' Softball brochure.
Item Noo 10| Consideration of a Proclamation Declaring California City Clerks'
Day cn April 27, i973~
Recommendation: That the Mayor and City Council proclaim April 27, 1973 as
~California City Clerks'
Item Noo 11: Consideration of the Adoption of a Resolution Accepting a Grant
Deed from the Cypress School District°
Recommendation~ That the City Council adopt the following Resolution by title
title as follows:
RESOLUTION NOo 1351
A RESOUOTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING THE CITY CLERK TO ACCEPT A GRANT DEED FROM
THE CYPRESS SCHOOL DISTRICT OF ORANGE COUNTY~
ltem No~ ii b: Consideration of Proclaiming May 1-7, 1973, as "Respect for
Law Week°"
Reco=mendation: That the Mayor and City Council proclaim May 1-7, 1973, as
"Request for Law Week/' in the City of Cypress°
Item Noo 11 c~ Consideration of Pzoclaiming April 29-May 5, 1973, as "Postal
Week0"
Recommendation.~ Than the Mayor and City Council proclaim April 29-May 5, 1973, as
"Postal Week/' in the City of Cypress°
It was the .consensus of the City Council to proceed to Item Noo 19 on the agenda,
at this time°
CONSIDERATION OF PARTICIPATION IN PUBLIC ~MPLO~fMENT PROGRAM (PEP CERTIFICATE
PROGRAM)~ The City Manager reviewed a report dated April 19, 1973, which
indicated ~he City has been advised by the County PEP Office of a new
Public Employment Program designed specifically to employ Viethem era veterans.
It was moved by Councilman Roberie, seconded by Councilman Harvey and unanimously
carried to authorize the Clty's participation in the Certificate Program
administered under the Emergency Employment Act, as outlined in the report.
CONSIDERATION OF AUTHORIZATION TO PURCHASE CONCRETE PLANE: The City Manager
presented a report dated April 19, 1973, from the Public Works Director, which
indic~ted that during the early part of 1971, the Maintenance Division rented
a concrete plane from Southland Machinery Corporation, Edco Model #CP-5, which
was used to plane down high spots on the flow line of concrete gutters, thus
reducing the amount of water standing in the gutters~
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City Council Minutes April 23, 1973
Following discussion concerning this matter, it was moved by Councilmen
Roberrs and seconded by Councilman Harvey to authorize the purchase of a concrete
plane, as described in the report, from Southland Machinery Corporation, at
a cos t of $1,050.00 plus sales tax. The motion was unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEN:
0 COUNCILMEN:
2 COUNCILMEN:
Harvey, Roberrs and Frankiewich
None
Kanel and Lacayo
CONSIDERATION OF TRACTS #7595 AND #6932 - EXTENSION OF TIME. ON SUBDIVISION
AGREEMENT: The City Manager presented a report dated April 13, 1973, from
the Public Works Director which advised that the time allowed in the Subdivision
Improvement Agreement for the developer of Tracts #7595 and #6932 to complete
the construction of public improvements had been or will be exceeded, and that the
developer has requested a twelve month extension of time for completing the
improvements in the subject tracts.
It was moved by Councilman Roberrs, seconded by Councilman Harvey and
unanimously carried to approve a one year extension of time for the Subdivision
Improvement Agreement for the construction of improvements within Tracts
#7595 and #6932, and that an amendment be added to the Subdivision Improvement
Agreement incorporating the extension with the following condition:
All legal and attorney fees for preparation of amendment for said
extension he paid by the developer.
CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONSt CERTIFICATIONOF RIGHT-
OF-WAY AND AUTHORIZATION TOADVERTISEFOR BIDS~ VALLEYVIEWSTREETFROM300
FEETSOUTHOFBALLROADTOORANGEAVENUEi PROJECT#740i~10-0720iPHASEII:
The City Manager reviewed a report dated April 19, 1973, from the Public
Works Director, which indicated that the Valley View Street project was
authorized by the City Council for inclusion in the FY 1973/74 Arterial
Highway Financing Construction Program.
It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich
to (1) approve the plans and specifications for improvement of Valley View
Street from 300' south of Ball Road to Orange Avenue, Project #7401-10-0720,
Phase II, and to authorize the City Clerk to advertise for bids, subJ oct to
the approval of the Orange County Road Department; and (2) to authorize the
Mayor to sign the right-of-way certification and the City Clerk to attest to
his signature. The motion was unanimously carried by the following roll call
VOte:
AYES:
NOES:
ABSENT:
3 COUNCILMEN:
0 COUNCILMEN:
2 COUNCILMEN:
Harvey, Roberrs and Frankiewich
None
Hanel and Lacayo
CONSIDERATION OF REQUEST FOR REIMBURSEMENT FOR ARTS AND CULTURAL COMMISSIONER
GINNS FOR PARTICIPATION IN THE ALLIANCE OF CALIFORNIAARTSCOUNCILS CONFERENCE:
The City Manager presented a report dated April 19, 1973, which stated that
Cypress Arts and Cultural Coumaissioner Joyce Ginns has submitted a request
for reimbursement in the amount of $68.50 to cover the expenses of her
attendance at the Alliance of California Arts Councils meeting held on February
23-25, 1973.
COUNCILMAN WANEL ARRIVED AT 4:50 P.M.
It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich
to authorize the reimbursement of all actual and necessary expenses in the amount
of $68.50 for the attendance of Conunissioner Ginns at the meeting of the
Alliance of California Arts Councils and the Conference of the American Association
of Dance, as outlined in the report. The motion was unanimously carried by the
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Ci~n~il Minutes April 23, 1973
following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Harvey, Hanel, Roberrs and Frankiewfch
None
Lacayo
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO, 31804
THROUGH 31908: It was moved hy Councilwoman Frankiewich and seconded by Councilman
Roberrs to approve the Commercial Warrant List for Warrants No. 31804 through
31908 in the total amount of $295,960o09~ The motion was unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Harvey, Kanel, Roberrs and Frankiewich
None
Lacayo
CONSIDERATION OF AUTHORIZATION FOR THE CITY MANAGER TO AWARD A CeNTPACT FOR
THE IMPROVEMENTS AT THE OAK KNOLL PARK: The City MAnager presented a report
dated April 19, 1973, which indicated that the City Council, at its regular
meeting of April 9, 1973. approved the request of the Cypress Pony Colt League
to improve the baseball facilities at the Oak Knoll Park; however, the Staff
is concerned that the actual award of contract which would normally be made at
the next regular meeting of the City Council would not allow the contractor
sufficient time to complete the facility improvements prior to the scheduled
opening of uhe League play on May 25, 1973~
It was moved by Councilman Roberrs and seconded by Councilman Kanel to
authorize the City MAnager to (1) accept the lowest responsible bid following
the receipt of the bids on April 30, 1973, and (2) to award the bid based on
either immediate payment to the contractor upon completion of the facilities,
or on the terms of financing as approved by the City Council, depending upon
the analysis of which method of financing would be most economical to the Cypress
Recreation and Park District. The motion was unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Harvey, Kanel, Roberrs and Frankiewich
None
Lacayo
CONSIDERATION OF WATER SAFETY INSTRUCTOR CLASS: The City Manager
presented a report dated April 19, 1973, from the Recreation and Park Director.
which indicated that the Cypress Recreation and Park Commission, at a meeting
held on April 10, 1973, recommended that the City Council approve the addition
of a Water Safety Instructor Course for the 1973 aquatic program.
It was moved by Councilman Roberrs and seconded by Councilman Hanel to
approve the addition of the Water Safety Instructor Course for the 1973
squatits program, as recommended by the Recreation and Park Commission; and
that a fee of $10~00 be established for the three week, 30 hour course° The
motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Harvey. Kanel, Roberrs and Frankiewich
None
Lacayo
CONSIDERATION OF EXCURSION FEE INCREASE: The City Manager presented a
report dated April 19, 1973, from the Cypress Recreation and Park Director,
which outlined the fee increases recommended to the City Council by the Cypress
Recreation and Park Commission at its meeting of April 10, 1973o
It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich
to approve an increase in fees, as outlined in the report° The motion was
unanimously carried by the following roll call vote:
City Council Minutes
April 23, 1973
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Harvey, Kanel, Roberrs and Frankiewich
None
Lacayo
CONSIDERATION OF PURCHASE OF MOVIE PROJECTOR: The City Manager presented a
report from the Recreation and Park Director, which indicated that the Recreation
Division of the Cypress Recreation and Park District is requesting approval
to purchase a Kodak Super 8 movie prsJ actor to be utilized for training of
aquatic and recreation personnel starting early in June.
It was moved by Councilman Robarts and seconded by Councilwoman Frankiewich
to authorize the purchase of a Kodak Super 8 movie projector, or the equivalent,
for the Cypress Recreation and Park District. The motiOn was unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Harvey, Kanel, Roberrs and Frankiewich
None
Lacayo
CONSIDERATION OF APPROVAL OF COMMERCIAL WA~ LIST FOR WARRANTS N0;2211- 2222
(RECREATION & PARK DISTRICT): It was moved by Councilwoman Frankiewich and
seconded by Councilman Roberrs to approve the Commercial Warrant List for
the Cypress Recreation and Park District in the total amount of $14,599.34.
The motion Wee unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Harvey, Kanel, Roberrs and Frankiewich
None
Lacayo
CONTINUATION OF CONSIDERATION OF COMMITTEE AND COMMISSION APPOINTMENTS: The
City Manager revieWed a report dated Aptill9, 1973, which indicated that this
item was continued to allow the Staff to contact five citizens regarding
their interest in being appointed to the existing vacancies.
It was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and
unanimously carried to continue the consideration of this matter to the
regular meeting of the City Council scheduled to be held on May 28, 1973.
CONTINUATION OF CONSIDERATION OF THE PROPOSED DEVELOPMENT OF THE HARVEY PROPERTY:
Maressing the City Council in reference to this matter, was Mr. Bernard
McCune, 7865 E1 Dorado Plaza, Long Beach.
It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to
continue the consideration of this matter to the regular meeting of the City
Council scheduled te be held on May 28, 1973.
Following discussion, it was moved by Councilman Harvey, seconded by Councilman
Roberrs and unanimously carried, as a substitute motion, that this item be
considered at the evening session of this meeting of the City Council, in order
for interested persons in the audience to listen to the comments concerning this
matter°
CONSIDERATIONOF TEAM REPORT REGARDING THE DEVELOPMENT OF A .CYPRESS REGIONAL
GOVERIe~NTAL CENTER: The City Manager presented a report dated April 19, 1973,
which indicated that for the past several Weeks a Task Force of the Administrative
Coordinating Team has been in the process of developing a concept for the
development of a regional governmental center in the City of Cypress.
The City Manager then introduced Mr. Dennis Davenport, Research Assistant, who
reviewed the contents in a report entitled, "Cypress Regional Governmental
Center Preliminary Report,"
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Minutes April 23, 1973
Followir~ a verbal and vis~! presentation, it was moves by Councilman Roberrs,
seconded by Councilwoman Frankiewich and unanimously carrieS te officially
approve the results of the Phase 1 activities and strongly recommend that the
Staff approach the County formally requesting cooperation in developing a library
center, which will be of tremendous benefit te all persons in Western Orange County.
At the request of COuncilman Fmrvey, it was moved by Councilman Roberrs, seconded
by Councilman Harvey and unanimously carried to place on the agenda as Item No.
29 b, a matter pertaining to a vacancy on the Airport Land Use Commission which
will be considered by the City Selection Commaittee at a meeting scheduled to be
held on May 10, 1973.
It was then moved by by Councilman Roberrs, seconded by CouncilwomanFrankiewich
and unanimously carried to place on the agenda as Item No, 29 c, a matter pertaining
to massage parlor legislation.
It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich
to authorize the expenditure for a member of the City Counciland his guest, plus
a member of the City Staff and his guest to attend the "Night at the Races," which is
being sponsored by the Cypress Chamber of Commerce. Following discussion concerning
this matter, the motion failed to carry by the following roll call vote:
AYES: 1 COUNCILMEN: Roberrs
NOES: 3 COUNCILMEN: Harvey, Kanel and Frankiewich
ABSENT: 1 COUNCILMEN: Lacayo
It was then moved by Councilman Roberrs and seconded by Councilman Harvey to
authorize an expenditure to cover the costs of four tickets for two Councilmen
and their guests to attend the Tenth Annual Orange County Press Club Headliners
Banquet, to be held on Friday, May 4, 1973. Councilman Roberrs then stated that
the motion would state "Councilman and Mrs. Harvey and a representative and guest
from the City Council.
MAYOR LACAYO ARRIVED AT 6:07 P.M.
Because, at the request of the Orange County Division of the League of California
Cities, he would be attending the Orange County Press Club Headliners Banquet,
Councilman Harvey withdrew his second to the motion. The motion was then
seconded by Councilwoman Frankiewich, and carried by the following roll call
vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
ABSTAINED: 1 COUNCILMEN:
Frankiewich, Fanel, Roberrs and Lacayo
None
None
Harvey
RECESS:
Mayor Lacayo adjourned the meeting at 6:15 p.m., to 7:30 p.m.
CALL TO ORDER:
The meeting was called to order at 7:35 p.m., in the Cypress City Council
Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding.
PRESENT: Councilmen Frankiewich, Harvey, Fanel, Roberrs and Lacayo
ABSENT: None
Also present were City Manager/City Clerk Dartell Essex, City Attorney James
E. Brickson and the following members of the City Staff: Bryant, Charkow,
Dunlap, Hawley, Nudson, Savord and Schatzedero
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City Council Minutes
April 23, 1973
PLEDGE OF ALLEGIANCE:
Councilman Eanel led the City Council and audience in the Pledge of Allegiance.
At the request of Mayor Lacayo, the City Manager reviewed the various actions
taken by the City Council at the afternoon session.
MINUTES:
Xt was moved by Councilwoman Frankiewich, seconded by Councilman Roberrs and
unanimously carried to approve the Minutes of March 26, 1973, as presented,
with an added statement on page 3, last paragraph, which will state that
Condition No~ 29 shell be a required condition on all future developments
within the City~
OPAL COb~4UNICAI~ONS:
M_r~ james Hardesty~ 5383 Hol~Dy Court, Cypress, addressed the City Council
inquiring as to the status of the John Co Leal Dairyo
It was moved by Councilwoman Frankiewich, seconded by Councilman Roberrs
and unanimously carried to authorize the City Manager to proceed to abate
the existing nuisance at the Leal Dairy under the weed abatement contract, if
it has not been aba~ed by the owner as of Thursday, April 26, 1973.
Addressing the City Council concerning the proposed development of the Harvey
property, were Mr, Don Kennedy, 5843 Holmby Court, Cypress and Mr, James
ttardestyo
It was the consensus of the City Council to proceed with Item No. 1 on the
agenda, aC this time°
CONSIDERATION OF AWARD OF CONTRACT TO PURCHASE ONE (1) MODEL 402 ACCOUNTING
MACHINE - REQUEST FOR qUOTATION#V273'7__0: The City Manager presented a report
dated April 19, 1973, fzom the Finance Director, which outlined the bids
received on April 5, 1973, for the purchase of one model #402 accounting
machine°
It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich to
accept Request for Quotation #7273-70, and to award the contract for the
purchase of one (1) accounting machine to Data Automation Services, Inc.,
318 West 28th Street, Los Angeles, California 90007~ The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Roberrs and Lacayo
None
None
CONSIDERATION OF AWARD OF CONTRACT FOR SEWER CLEANING AND SEWER TAPS - REQUEST
FOR qUOTATION #7273-76: The City Manager presented a report dated April 18, 1973,
from the Finance Director, which outlined the bids received on April 17, 1973,
for sewer cleaning and sewer taps°
It was moved by Councilman Roberue and seconded by Councilman Fanel to accept
the bid cf Willis H~ Walker as the lowest responsible bid, and to award the
contract for sanitary sewer cleaning and sewer taps through April 30, 1974
to Willis Ho Walker, 414 No Philadelphia Street, Anaheim, California° The
motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Roberrs and Lacayo
None
None
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City Council Minutes
April 23, 1973
It was then moved by Councilman Roberrs, seconded by Mayor Lacayo and unanimously
carried to direct the Administrative Coordinating Team to develop a technique
whereby City Council requests would be listed and reports on the issues would
be prepared for the City Council on the dates requested.
CONSIDERA.TION OF AWARDOF CONTRACT FOR INSTALLATION OF CARPET IN THE POLICE
DEPARTMENT BUILDING ' REQUEST FOR qUOTATION #7273-80: The City Manager
presented a report dated April 18, 1973, from the Finance Director, which
indicated that bids were received and opened in the office of the Purchasing
Officer for the installation of new carpet in the following areas of the Police
Department.
Because only one bid had been received for the project, it was moved by
Councilman Harvey and seconded by Councilwoman Frankiewich that the City
readvertigo for bids for the installation of carpet in the Police Department
building.
It was then moved by Councilman Roberrs and seconded by Councilwoman Frankiewicb
to amend the motion to state that a member of the City Staff, under the direction
of the City Manager, be authorized to examine the possibility of a lower figure,
and that both the bid figures and the Staff's findings be brought to the City
Council for review. The amendment to the motion carried by the following
roll call vote:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Kanel, Roberrs and Lacayo
Harvey
None
The main motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Roberrs and Lacayo
None
None
CONSIDERATION OF AWARD OF CONTRACT - TREE SUPPLY AND PLANTING PROJECT #7331-90:
The City Manager presented a report dated April 19, 1973, from the Public
Works Director, which outlined the bids received for the supply and planting
of trees, project #7331-90.
It was moved by Councilman Fanel and seconded by Councilwoman Frankiewich
to determine that Exotics Nursery submitted the lowest responsible bid, and
to award a contract for the supply and planting of trees, Project #7331-90 to
Exotics Nursery, 17902 Bushard, Fountain Valley, California per their proposal
dated April 17, 1973, in the amount of $9,268.75. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Fanel, Roberrs and Lacayo
None
None
CONTINUATION OF CONSIDERATION OF THE PROPOSED DEVELOPMENT OF THE HARVEY PROPERTY:
The City Manager presented a report dated April 19, 1973, ~nich indicated that
the City Council, at its regular meeting of April 9, 1973, requested the Staff
to proceed with an analysis of the industrial development potential of the
Harvey property, along with possible modifications to the land uses proposed
by Toups Engineering as consultants for the Harvey family and ShapelI Industries,
and the economic impact of both the industrial development and the modified
plan as it pertains to the revenues and expenditures which might accrue to the
City as a result of these studies.
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City Council Minutes
April 23, 1973
Addressing the City Council in reference to this matter was Mr. James Hardesty,
5853 Holmby Court, Cypress.
Following considerable discussion concerning this matter, it was moved by
Councilman Roberrs and seconded by Councilman Kanel to continue the consideration
of this item to the next regular meeting of the City Council, scheduled to
be held on May 14, 1973, for presentation of a Staff report as outlined in
the Administrative Report to the City Council, and in addition, that a meeting
be arranged with representatives of the various development fields.
Councilman Harvey, for the record, stated that he was opposed to the motion,
as he felt that by prolonging a decision of some kind on this matter would
not be of benefit to the property owner, the developer, nor the citizens of
the community. He added that he was, however, in favor of the Staff undertaking
a study concerning the industrial an~ commercial development of the subject
area.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMPlq:
NOES: 1 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Fanel, Roberrs and Lacayo
Harvey
None
RECESS:
Mayor Lacayo declared a recess at 10:05 p~m. The meeting was called to
order at 10:20 p.m., with all Councilmen present.
CONSIDERATION OF AUDIT AGREEMENT WITH ARTHUR YOUNG AND COMPANY: The City
ManeSet presented a report dated April 19, 1973, which transmitted a copy
of a proposed agreement for the special audit between the City of Cypress and
Arthur Young and Company, as requested by the City Council.
Following a discussion, it was the general consensus of the City Council to
consider this item, along with Items No. 17 and 18 on the agenda, in an
Executive Session at the end of the meeting.
CONSIDERATION OF EXOTIC AND NON-DOMESTIC ANIMALS: The Planning Director reviewed
a report dated April 18, 1973, which indicated that at its meeting of March
26, 1973, the City Council, acting in response to a citizen's request, instructed
the Staff to investigate and make recommendations regarding the keeping of pet
racoons and similar exotic or non-domestic animals.
Following discussion, it was moved by Councilman Roberrs and seconded by
Councilman Ranel to initiate an amendment to Section 9.1B of the Zoning Ordinance,
by adding subparagraph 7 to permit the keeping of wild, exotic or non-domestic
animals in the RE and RU zones, subject to the granting of a Conditional Use
Permit by the City Council. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
1 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Ranel, Roberrs and Lacayo
Harvey
None
CONSIDERATION OF AUTHORIZATION TO READVERTISE FOR BIDS FOR CONSTRUCTION OF CURB,
GUTTER AND SIDEWALKANDFOR REPAIR OF CURBt GUTTERANDCROSSGUTTERATVARIOUS
LOCATIONS--PROJECT#7303-10: The City Manager presented a report dated April
19, 1973, from the Public Works Director, which indicated that a substantial
part of the contract for the subject project is the sidewalk to be constructed
on Lincoln Avenue in front of Forest Lawn Cemetery; and that since the bid
opening on April 12, 1973, Forest Lawn has requested that this item be deleted,
which would reduce the contract by 37%. The report further indicated that the
low bidder, G. L. Keller, Inc., has objected to this deletion.
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C~uncil Minutes April 23, 1973
It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich
to reject all bids on Project #7303-10, andto authorize the City Clerk to
readvertiee the project with bids to he received on May 22, 1973o The motion
was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Fanel, Roberrs and Lacayo
None
None
CONSIDERATION OF JOII~I' POWERS AGENT WITH THE CiTY OF STANTON FOR TREE
TRIMMING: The City Manager presented a report dated April 19, 1973, from the
Public Works Director, which indicated that personnel of the Public Works Depart-
ment have had several meetings during the past year concerning the possibility
of the City of Cypress providing tree trimming and spraying services for the
City of Stanton under a Joint powers agreement,
It was moved by Councilman Harvey and seconded by Councilman Roberrs to approve
the joint powers agreement between the City of Cypress and the City of Stanton
for street tree maintenance, and to authorize the Mayor to sign the agreement
and the City Clerk to attest to his signature. 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 VALLEY VIEW STREET YMPROVEMENT PROJECT #7202-10-0632: The City
Manager presented a report dated April 17, 1973, which indicated that the
construction of street improvements on Valley View Street from Cerritos Avenue
to south City limits has been completed in accordance with the plans and
specifications°
It was moved by Councilman Roberim and seconded by Councilwoman Frankiewich
to accept the public e~reet improvmnents on Valley View, Project #7202-10
as being satisfactorily compl~ed~ end to authorize the City Clerk to release
the Labor and Materials Bends upon expiration of the required lien period providing
no liens have been filed, and to release the Faithful Performance Bonds upon
expiration of one year guarantee providing no defects in material or workmanship
becomes evident° The motion was unanimously carried by the following roll call
vote:
AYES;
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich~ Harvey~ Kanel, Roberrs andLacayo
None
None
CONSIDERATION OF REPEALING CITY CODE SECTIONS 2-28 THROUGH 2~32~ ESTABLISHING
THE OFFICE OF ZONING ADMINISTRATOR AND SPECIFYING THE POWERSLAND DUTIES OF
SAID OFFICE: The City Manager presentodd report dated April 19~ 1973, ~faich
indicated that at it~ meeting of February 22, 1971, the City Council adopted
an Ordinance establishing the office of the Zoning Adminstrator, and that in
order tc update the City Code, Sections 2-28 through 2-32 should be repealed.
It was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and
unanimously carried to read the following Ordinance by title only, title as
follows:
ORDINANCE NO o
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REPEALING SECTIONS 2-28 THROUGH 2-32 INCLUSIVE OF CHAPTER
2, ARTICLE V OF THE CYPRESS CITY CODE, AS SET FORTH IN
ORDINANCE N0~ 443 OF THE CITY OF CYPRESS, ESTABLISHING
THE OFFICE OF ZONING ADMINISTRATOR AND SPECIFYING THE
POWERS AND DUTIES OF SAID OFFICE~
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City Council Minutes
April 23, 1973
It was moved by Councilman Roberrs and seconded by Councilman Kanel to
approve the first reading of the Ordinance. 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
CONSIDERATIONOF RESOLUTION ACCEPTING THE GRANT DEED ON PURCHaSE OF McCOY
PROPERTY: It was moved by Councilman Harvey and seconded by Councilwoman
Frankiewich to adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 1352
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ACCEPTING A CERTAIN GRANT OF INTEREST IN REAL PROPERTY.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, Eanel, Roberrs and Lacayo
None
None
CONSIdERATION.OF AIRPORT LANDUSECOMMISSION VACANCY TO BE CONSIDERED ATTHE
CITY SELECTION COMMITTEE MEETINGON MAY 10i 1973: It was the general consensus
of the City Council to consider this matter in an Executive Session.
CONSIDERATION OF LEGISLATION PERTAINING. TO THE OPERATION OF MASSAGE PARLORS:
It was moved by Councilman Roberrs and secomted by Councilwoman Frankiewich
to direct the City Manager to forward a communication to the committee
members reviewing Senate Bill 378 and Assembly Bill 1053, pertaining
to massage parlors, indicating that the City does not wish to have its
Ordinance regulating massage parlorspre-empted by the State legislation
which is proposed. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, lOanel, Roberts and Lacayo
None
None
CONSIDERATION OF POLICY ON REFERRAL OF PARKS AND RECREATION MATTERS: The
City Manager reviewed a report dated April 19, 1973, which indicated that the
Cypress Recreation and Park Commission, at its March meeting, requested that
the City Council adopt a policy to have all matters pertaining to parks and
recreation, which are brought to the attention of the City Council as items
not on the agenda, automatically referred to the Recreation and Park Commission
for consideration and recommendation.
Because it was felt that this matter could be discussed at a Joint meeting
with the Recreation and Park Commission, it was moved by Councilman Roberrs,
seconded by Councilwoman Frankiewich and unanimously carried to receive and
file the report.
SECOND READING OF AN ORDINANCE RE: .ZONE CHANGE NO. 73-1: Mayor Lacayo,
hearing no obJ octions, declared that the following Ordinance would he
read by title only, title as follows:
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City Council Minutes
zoo
April 23, 1973
OEDINA/~CE NO. 508
AN ORDINANCE OF THE CItY COUNCIL OF THE CITY OF CYPRESS
AMEN]3ING ZONING ORDINANCE NO~_ 497 BY C~ANGING T~E ZONE
OF A CERTAIN PARCEL OF LAND PROM PS PUBLIC & SEMI PUBLIC
ZONE TO RU RESIDENTIAL URBAN ZONE AND KNOWN AS ZONE C~ANCE
No. 73-1.
t was move/by Councilman Roberrs and secomied by Councilwoman Frankiewich
to adopt Ordinance No. 508. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Fanel, Roberrs and Lacayo
None
None
At the request of Councilman Roberrs, Mayor Lacayo, hearing no obJections, ordered
a matter placed on the agenda for consideration at this time, pertaining to the Orange
County Intergovernmental Coordinating Council.
It was moved by Councilman Fanel and seconded by Councilman Harvey that the
City Council (1) direct the City's representative to the Orange County
Intergovernmental Coordinating Council to support the adoption of the final
budget and insert the cost to the City in the City's next fiscal year budget;
and (2) direct the representative or the alternate to the Orange County Coordinating
Council to approve the bylaws of the Coordinating Council. The motion was
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Fanel, Robarts and Lacayo
None
None
At the request of Councilwoman Prankiewich, and hearing no obJ octions, the Mayor
placed on the agenda for consideration at this time, a matter pertaining to
Assembly Bill 16.
It was moved by Councilwoman Frankiewich, seconded by Councilman Harvey and
unanimously carried that the City take a position in opposition to AB 16.
EXECUTIVE SESSION:
Mayor Lacayo declared an Executive Session at 11:45 p.m., to discuss matters
of personnel and litigation. The meeting was called back to order at 12:17 a,m.,
with all Councilmen present.
CONSIDERATION OF AUDIT AGREEMENYr WITH ARTHUR YOUNG AND COMPANY (Continued):
It was moved by Councilwoman Frankiswich and seconded by Councilman Robarts
to receive and file this matter° The motion was unanimously carried By the
following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Fanel, Roberrs and Lacayo
None
None
CONSIDERATION OF APPROVAL OF SETTLEMENT AGREeMENT AND LEASE BETWEEN THE CITY
OF CYPRESS AND THE SEERMORE CORPORATION FORTHE PURCHASE AND USE OFTHE PROPERTY
LOCATED ON THE NORTHEAST CORNER OF DENNI STREET AND ORANGE AVENUE: The City
Manager reviewed a report dated April 19, 1973, which indicated that as a result
of the City Council Resolution authorizing a condemnation action for the
acquisition of the property on the northeast corner of Orange and Denni for
development as a parksite, the City Manager and City Attorney conducted
settlement discussions with the property o~alero
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City Council Minutes
April 23, 1973
It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich
to authorize the Mayor to sign the settlement agreement and ~he implementing
lease and escrow instructions in the pending conde~nationof the Shemore
property, copies of which are on file in the office of the City Clerk, and
the City Manager to attest to his signature. The motion was unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, ranel, Roberrs andLacayo
None
None
CONSIDERATION OF PROPOSED CHANGE IN AUDIT FEE SCHEDULE FOR 1973/74 FISCAL
YEAR: The City Manager presented a report dated a report dated April 19, 1973
which indicated that pursuant to the provisions of the current agreement between
the City and Diehl, Evans and Company as City auditors, the City has received
a request from the auditing firm for a rate increase for the conduct of
the audit for the 1973/74 fiscal year from $1,800 to $2,200~
It was moved by Councilwoman Frankiewich and seconded by Councilman ranel
that the City Manager direct a letter to the firm of Diehl, Evans and
Company stating that the City will not be renewing their contract. 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 AIRPORT LAND USE COMMISSION VACANCY TO BE CONSIDERED AT THE
CITY SELECTION COMMITTEE MEETING ON MAY 10~ 1973: It was the general consensus
of the City Council to receive and file this matter~
At this time, Mayor Lacayo, hearing no objections, placed an item on the
aSenda for City Council consideration at this time, a matter concerning
City Council reorganization~ Mayor Lacayo then tendered his resignation as
Mayor of the City of Cypress, which was followed by the resignation of Councilwoman
Frankiewich as Mayor Pro Ten°
It was moved by Councilman ranel, seconded by Councilman Roberrs and unanimously
carried to accept the resignations submitted by Councilman Lacayo and Councilwoman
Frankiewich as Mayor and Mayor Pro Tam°
For the record, former Mayor Lacayo stated that it had been his pleasure to serve
as Mayor of the City of Cypress for the past year, and to serve on the City
Council for the past three years~
The meeting was then turned over to City Clerk Darrell Essex to preside over the
selection of Mayor.
It was moved by Councilman Lacayo that Councilman Henry Me Roberrs, Jr. be
nominated for the position of Mayor°
Councilman Harvey nominated Councilman Lacayo for the position of Mayor, which
was declined.
It was then moved by Councilman ranel and seconded by Councilwoman Frankiewich
to close the nominations for Mayor° The motion carried by the following roll
call vote:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Hanel, Lacayo and Roberrs
Harvey
None
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Ci~ ~uncil Minutes
April 23, 1973
The City Clerk turned the meeting over to Mayor Roberrs, who declared the
nominations for Mayor Pro Tom were open.
Mayer Robarts nominated Councilm-n Otto Lacayo for the position of Mayor Pro Tom.
It was moved by Councilman Fanel, seconded by Councilwoman Frankiewich and
unanimously carried te close the nominations for the position of Mayor Pro Ten.
At this time, Mayor Pro Ten Lacaye resigned his position as the City's
representative to the Orange County Sanitation District, the position of
which is automatically filled by the Mayor.
ADJGURNMENT:
It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and
unanimously carried to adjourn the meeting at 12:38 a.m.
ATTEST:
i; . / f¢
CITTCLERK O~/~E CITY OF CYPRESS
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