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Minutes 73-07-23MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 23, 1973 The regular meeting of the Cypress City Council was called to order at 4:01 p.m. on Monday, July 23, 1973 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Roberrs presiding° PRESENT: ABSENT: Councilmen Frankiewich, Lacayo and Roberrs 6ounci!men Harvey and Kanel Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and the following members of the City Staff: Charkow, Dunlap, Fauke, Hawley, Nudson and Schatzedero CONSIDERATION OF AWARD OF CONTRACT FOR THE FISCAL YEAR 1973/74 WEED ABATEMENT PROGRAM: The City Manager presented a report from the Public Works Director dated July 18, 1973 which indicated that only one bid had been received for the weed and rubbish abatement program for fiscal year 1973/74. Following brief discussion, it was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unanimously carried to approve Phases I and II of the Weed Abatement Program for fiscal year 1972 and direct the Engineering Division to notify the property owners concerned of the proposed abatement, and determine that the lowest responsible bid was submitted by Edwin Webbet, Inc., and award an annual contract in the amount of $26,502°00 for the 1973/74 Weed Abatement Program to Edwin Webbet, Inco, 8472 Rembrandt Drive, Huntington Beach, California, as per their proposal dated July 17, 1973o CONSENT CALENDAR: The Mayor announced that all matters listed on the agenda under "Consent Calendar" were to be considered by the Council as routine, and enacted by one motion approving the reco~znendation on the Administrative Report relating to each item° The Mayor asked if any Councilman wished to add or remove any item from the Consent Calendar~ At the request of Councilman Lacayo, Item No. 8 was removed from the Consent Calendar so that another recommendation could be considered. It was moved by Mayor Roberrs, seconded by Councilman Lacayo and unanimously carried to approve Item Nose 3 through 12, with the exception of Item No. 8, on the Consent Caiendar~ Item No. 3: Consideration of an Application for the Person to Person Transfer of an Off Sale General Liquor License at 5362 Lincoln Avenue. Recommendation~ That the City Council receive and file the notice° Item No. 4: Consideration of a Communication from the Los Angeles County Board of Supervisors Regardins a Policy Position for the Southern California Association of Governments° Recommendation: Ihat the City Council support the policy position adopted by the Los Angeles County Board of Supervisors, and request the City Manager to advise the Southern California Association of Governments of this support. Item No. 5: Consideration of Audit Report° Recommendation: Receive and fileo City Council Minutes July 23, 1973 Item Noo 6: Consideration of Receipt of Application for an On-Sale Beer Litonce at 5111 Ball Road° Recommendation: Receive and fileo Item Noo 7: Consideration of a Proposal from Lampman and Associates to Provide Legislative Services~ Recommendation~ That the City Council request the City Manager to arrange for a meeting with representatives from Lampman and Associates to review in further detail, their legislative services proposal, as outlined in their communication of July 12, 1973~ Item Noo 9: Consideration of a Communication from Mrs. Marlene Browns Regarding Weeds on the Property Located on the Southeast Corner of Orange Avenue and Denni Street. Recommendation: That the City Council request the City Manager to advise Mrs. Browns of the actions which have and will be taken to eliminate this weed problem. Iten Noo 10: Consideration of a Communication from the Cypress School Board of Trustees in Support of Straight Talk Clinic, Inc. Recommendation: Receive and fileo Item Noo 1t: Consideration of Employment List for the Position of Landscape Aide. Recommendation; That the City Council certify the employment list for the position of Landscape Aide° Item Noo 12: Consideration of Employment List for the Position of Police Cadet. Recommendation: That the City Council certify the e~ployment list for the position of Police Cadato Following discussion of Item No. 8 on the Consent Calendar relating to considera- tion of a Resolution of the City of Arcadia opposing Assembly Bill 1324 relating to horseraces, it was moved by Councilman Lacayo to receive and file the report. It was then moved by Mayor Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to table the motion until an opinion is received from the City Attorney° CONSIDERATION OF NUDE ENTERTAIX~4ENT ORDINANCE: The Mayor announced that this matter would be continued until the evening session of the meeting. CONSIDERATION OF A CONTRACT WITH THE CITY OF SANTA ANA FOR THE ESTABLISHMENT OF X DRUG COORDINATOR'S OFFICE: The City Manager presented a report dated July 17, . 1973 relating to a contract which would establish a Coordinator's office for the existing Orange County Drug and Narcotics Task Force° It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to authorize the City Manager to sign the contract with the City of Santa Arm for the Orange County Drug and Narcotics Task Force. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Lacayo and Roberrs None Harvey and Kanel -2- City ~1 Minutes July 23, 1973 CONSIDERATION OF AREQUEST FOR SMALL CLAIMS COURT RESOLUTION: A report was presented by the City Manager dated July 17, 1973 from the Finance Director recomending adoption of a resolution appointing several City employees to officially represent the City in the Small Claims Court to settle delinquent invoices and business license tax accounts. It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1380 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING CERTAIN ~PLOYEES TO REPRESENT THE CITY IN THE ORANGE COUNTY SMALL CLAIMS COURT° The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Lacayo aM Roberrs None Harvey and Fanel CONSIDERATION OF A RESOLUTION OF THE CITY OF ARCADIA OPPOSING ASSEMBLY BILL 1324 RELATINGTO HORSERACES: Following discussion of Item No. 8 en the Consent Calendar, it was moved by Councilman Lacayo and seconded by Councilwoman Frankie- with to receive and file the report° The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Lacayo and Roberrs None Harvey and Fanel CONSIDERATION OF OBTAINING A LETTER OF APPRAISAL FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF ORANGE AND DENNI: The City Manager presented a report dated July 17, 1973 regarding an appraisal for the possible acquisition of the corner parcel at Orange and Denni Street for a park site, It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to authorize the City Manager to obtain a letter of appraisal for the corner parcel located on the northeast corner of Denni and Orange. The motion was unanimously carried by the following roll cell vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Lacayo and Robarts None Harvey and Fanel CONSIDERATION OF THE SELECTION OF AN ALTERNATE REPRESENTATIVE TO MUNICIPAL DATA SYSTEMS: The City Manager presented a report dated July 17, 1973 on the above matter° Mayor Robarts appointed Councilweman Frankiewich to serve as the alternate representative to Municipal Data Systems° It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and unanimously carried tc approve the Mayor's appointment° CONSIDERATION OF FINAL REPORT - CYPRESS LIGHTING DISTRICT #2, CALENDAR YEAR 1974: The City Manager presented a report from the Public Werks Director dated July 1973 which outlined past Council actions in establishin~ Lighting District #2 and levying assessments on parcels in this area° -3- City C~uncil Minutes July 23, 1973 It was moved by Ceuncihan Leoaye end seconded by Councilwoman Frankiewich to adopt the following Reeolution by title only, title as follows: RESOLUTION NOo 1381 A RESOLUTION OF THE C~EY OF CYPRESS, COUNTY OF ORANGE, STATE OF C~LYFORNYA, AND LEVYING ASSESSMENTS ON PARCELS OF LAND LOCATED IN THAT AREA KNOWN AS CITY OF CYPRESS LIGHTING DISTRZCT NO i! 2 TO PAY FOR THE COST OF THE INSTALL- ATION, MA~NTEA~ANCE AND FURNISHING OP ELECTR1C CURRENT TO LIGHT SA~D SIREET LZGHT~NG SYST~4 FOR THE PERIOD FROM JANUARY 1, 1974 THROUGH DECEMBER 31, 1974 PURSUANT TO THE REPORTS OF THE C~IY ENGINEER OF SAID CZTY ALL 1N ACCORD WITH AND PURSUANI' IO IHE PROVISIONS OF DIVISION 14, PART 1, STREETS AND H~GE~AYS CODE~ STATE OF CALIFORNiA, AS AMENDED, REFERRED TO AS tHE "STREET LIGHTING ACT OF 1919"o The motion was unanimously carried by the following roll call vote: AYES: NOES~ ABSENT~ 3 CODNCXL~EN: 0 COUNCiLMEN~ 2 C0UNCiLMEN.~ Fzenkiewich, Lacayo and Roberrs None Harvey and Kanel CONSIDERATION OF ADOPI~ON OF ORANGE CODNIY WELL ORDINANCE: The City Manager presented a repor~ da~ed July ~9~ 19~5 regarding adoption of a County-wide ordinance ~o standaTdiz~ ~he m~hods of construction and abandonment of wells throughou[ Orange County It was mc~ed by C~unciimen Lace~o~ seconded by Councilwoman Frankiewich and unanimously 2a~rled to read ~he following Ordinance by title only, title as follows: ORDYNANCE NO~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTYN~ B~ REFERENCE ORDINANCE NO~ 2607 OF THE COUNT~ O~ ORANGE RELATING TO THE CONSTRUCTION AND RECONSTRUCTION O~TM ~AIER W~LLSo It was moved by Councilman Laceyo and seconded by Councilwoman Frankiewich to approve the fir~ reading of the Ordinanceo The motion was unanimously carried by the following roll ~all vcte~ AYES: NOES~ ABSENT: J CODNCIL~EN: 0 COUNC2LMEN~ 2 COUNC~LMEN~ Frsnkiewich, Lacayo and Roberrs None Harvey and Kanel CONSIDE~ATION OF EMPLOYEE EDUCATIONAL INCENTIVE PLAN.~ The Mayor announced that this matter would be considered during an Executive Session~ CONSIDERATION OF APPOiN~MENI' OF AN ECONOMIC STUDY COORDINATOR ~ The City Manager presented a report dated July 19, 1973 regarding the appointment of a Council representative to serve a~ coordinator for the economic study of the Harvey property° It was moved by Ma~or Rcber!a~ seconded by Councilman Lacayo and unanimously carried to appoinu Councilman Lacayc as the Council representative° -4- City Council Minutes July 23, 1973 CONSIDERATION OF ACCEFEANCE OF FINAL TRACT MAP #8287: A report was presented by the City Manager dated July 17, 1973 from the Public Works Director regarding the acceptance of Final Tract Map #8287~ It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo to approve Final Tract Map #8287 end accept the bonds and agree~.ents for public improvements in the amount ef $16~600o00 which is not lass than 50% nor more than 100% of the total improvemente~ and authorize the Mayor and the City Clerk to sign the agreements ~nd authorize the City Clerk to sign the record map upon completion of the following conditionu Approval of honda and agreements by the City Attorney° The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT= 2 COUNCILMEN~ Frenkiewich, Lecayo and Roberrs None Harvey and Kanel CONSIDERATION OF PROPOSED ASSESSMENT DISTRICT #7403-20--,W~NUT STREET (WALNUT/ JONATHAN CHANlqEL): The City Monster recommended that this matter be continued to the evening session ef the meeting since representatives to consider this were expected to be present<, CONSIDERATION OF AN AGREEMENT WiIH THE CITY OF LOS ALAMITOS FOR TRAFFIC CONTROL AND POLICE SERVICES: The Mayor announced that consideration of this agreement would be con~inued until the entire Ccuncit is present° CONSIDERATION OF SALES OF PROPERliES IN THE NDRTHWESTERLY CORNER OF THE CITY: The City Monster stated that representatives were expected to be present to consider this matrot end he recommended continuation to the evening session° CONSIDERATION OF APPR0~AL OF COMMERC~ WARM LIST FOR WARRANTS NOo 32565 THROUGH 32566_j AND WARRANIS NOo 32567 THROUGH 32696: It was moved by COuncil- woman Frankiewich and seconded by Mayor Roberrs to approve the Commercial Warrant List for Warrants No.~ 32565 through 32566 in ~he total amount of $612,443~21 and fez' Warrents No~ 32667 through 32696 in the total amount of $4,161,269o24. The motion was unaniI~ously carried by the following roll call vote: AYES: 3 COUNCILMEN~. NOES~ 0 COUNCILMEN.~ ABSENT: 2 COUNCILMEN: Frsnkiewichl/Lacayo and Robe~ts None Harvey and Kanel Mayor Rober~s announced that item No~ 27 regarding consideration of a proposal on topography on park sites, and Item Noo 28 regarding consideration of the proposed temporary teen facility w~uld be continued until the evening session° CONSIDERATION OF PARK NA}4ING= The City Manager presented a report from the Recreation and Park Director dated July t6~ 1973 regarding selection of names for the park sites located at the corner of Orange and Denni Streets and on Moody north of Orangeo It was moved by Councilwoman [~enkiewich and seconded by Councilman Lacayo to approve naming the perk site on the corner of Orange and Denni Streets Willow Park, and the site on Moody Street north of Orange Leylandi Park° The motion was unanimously carried b~ the foliowing roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Lacayo and Roberrs None Harvey and Kanel City Council Minutes July 23, 1973 CONSIDERATION OF FEES FOR PROPOSED NEW PROGRAMS: The Mayor announced that this matter would be continued until the evening session. CONSIDERATION OF APPROVAL OF CYPRESS RECREATION AND PARK DISTEICT COMMERCIAL WARRANT LIST FOR WARRANTS NOo 2398 THROUGH2400 AND WAREANTS NO. 2401 THROUGH 2463: It was moved by Councilwoman Frankiewich and seconded by Mayor Roberrs to approve the Cypress Recreation and Park District commercial warrant list for warrants 2398 through 2400 in the total amount of $15,843.63 and for warrants no. 2401 through 2463 in the total amount of $29,546o15. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Lacayo and Roberrs None Harvey and Kanel The Mayor inquired if any Councilman wished to place any item on the agenda at this time. At the request of Che City Manager, Item Noo 32 was placed on the agenda regarding consideration of an appropriation to acquire the first parcel of property at the northeast corner of Orange and Denni Streets for a future park site. It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to approve an appropriation in the total amount of $37,037.00 from the General Fund to Account #11-4714-691 for acquisition of the first parcel of property at the northeast corner of Orange and Dennt. The motion was unanimously carried by the following roll call AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Lacayo and Roberrs None Harvey and Kanel At the request of Councilwoman Frankiewich, Item No. 20a was added to the agenda at this time regarding the selection of a Council representative to the Orange County Transit District° The Mayor noted that this matter would be considered in an Executive Session° At the request of =he City Manager, Item No. 20b was added to the agenda relating to possible li=igation for condemnation of property at Walker and Orange Streets° The Mayor noted that this matter would also be considered in an Executive Session° It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unanimously carried to place on the agenda at this time as Item Noo 32a a matter relating to a communication from the California Association for the Physically Handicapped regarding propulsion in City ordinances for special facilities for the handicapped° It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unanimously carried to forward the communication to the staff and Planning Commission for study and their recommendations. COUNCILMAN HARVEY ARRIVED AT 4 ~-45 P~M~ It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unanimously carried to place on the agenda as Item No. 33 a matter relating to the Grand Prix bicycle race to be held August 19, 1973 in Huntington Beach. -6- City Council Minutes July 23, 1973 Councilwoman Frankiewich brought this matter to the attention ef the City Council in order that any Councilman who might be interested could participate in this event° RECESS: The Mayor noted that this was a Joint meeting with the Cypress Arts and Cultural C~mmission and recessed the meeting at 4:55 p.m. to the Conference Room. CONSIDERATION OF PROPOSED ARTS PROJECT: The Chairman of the Arts and Cultural Commission presented a report dated July 18, 1973 from the Secretary of the Commission regarding a proposed Joint community-college arts program which would be partially funded with a federal grant and would attempt to encourage community interest and involvement in the arts° The program would be under the direction of Dr. Jacqueline Clifford working in conjunction with the Gloria Newman Dance Company and community arts groups. The Council and Commission discussed the types of activities and funding for this program° Following discussion, the Council placed on the agenda at this time a matter relating to the proposed Joint arts program. It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to approve an expenditure in the amount of $850.00 for the Joint community-college arts program and that the City Council communicate its support of this program in a letter to Cypress College. The Council and Commission discussed the proposed community center building and the Commission expressed that they would like to be represented during consideration of its design~ The Commission recommended that certain features be considered such as outdoor lighting and loudspeakers for evening activities. The City Manager noted that the City Council and other City commissions would be touring the community centers of several cities on August 11 and he invited the Commission members on this tour° The Commission discussed plans for future activities and various locations which might be used, such as the vacant theater on Walker Street at Hall and the Cypress City Council Chambers. RECESS: There being no further business, Mayor Roberrs recessed the meeting at 6:00 p.m. until 7:30 pom. in the Cypress City Council Chambers. CALL TO ORDER.~ The meeting was called back to order at 7:42 p.m~ in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Roberrs presiding. PRESENT: ABSENT: Councilmen Frankiewich, Harvey, Kanel, Laceyo and Roberts None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and the following members of the City Staff: Charkow, Dunlap, Fauke, Hawley, Nudson, Savord and Schatzedero -7~ City Council Minutes July 23, 1973 PLEDGE OF ALLEGIANCE: The pledge to the flag was led by Councilman Lacayoo CONSIDERATION OF COMMENDATIONS FOR CYPRESS JUNIOR CITIZEN~OF THE YEA_R: The Mayor announced that in line with t~e Council's policy of expressing appreciation to persons who have made contributions to the City, the Council wad honoring Ann Hagen, Candy Adams, Maureen Miles and Tom Sayale for being nominated Junior Citizen of the Year, and Liz Galloway and Lee Yates for being selected as Junior Citizen cf the Year~ Mayor Robarts presented certificates to the nominees who were prosonto PRESENTATION OF RESOLUTION COMMENDING LAURIE BRANDEL FOR HER ICE SKATING ACHIEVEMENTS~ Mayor Roberrs read a resolution commending Laurie Brandel, a resident of Cypress, for her ice skating achievements, and specifically, for being declared the 1973 Junior Ladies Figure Skating Champion of the United States° The Mayor presented the resolution to Miss Brandel. ORAL COMMUNICATIONS~ The Mayor inquired if anyone wished to address the Council at this time regarding any item not on the agenda. Mr~ James Fardesty, 5853 Holmby Court, Cypress, California, presented an open latter to the City Council concerning the Harvey property and the economic study to be undertaken° Mro Don Kennedy, 5843 Holmby Court, Cypress, California, also addressed the Council in ~egard ro this matter° Mrs° Connie Burns~ 5800 Lincoln, Buena Park, California, representing Boat City, requested the Ccuncii's consideration of a temporary permit to relocate her business in the City of Cypress° It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unanimously carried to add this matter to the agenda as Item Noo 13bo At the Mayor's request, zhe City Manager reviewed for the benefit of the audience the actions taken by the City Countoil during their afternoon session° MINUTES: It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to approve the minutes of June 25, 1973o It was moved by Councilman Lacayo, seconded by Mayor Roberrs and carried, with an abstaining vote by Councilwoman Frankiewich, to approve the minutes of May 14, 1973. The Mayor noted that representatives were present in the audience who had an interest in Item Noo 23 and this item was taken out of order° CONSIDERATION OF PROPOSED ASSESSMENT DISTRICT #7403-20--WALNUT STREET (WALNUT/ JONATHAN CHANNEL)~ The City Manager presented a report dated July 19, 1973 from the Public Works Director regarding a proposal by the Orange County Flood Control District to construct, as part of the Jonathan Channel and storm drain project, a covered box conduit behind Tracts #6705 and #6657 and a proposal by the -8- City Council Minutes July 23, 1973 property owners to es~abllsh an assessment district to cover a portion of the cost. Following discussion of the assessment district and the documents required for its implementation, it was moved by Councilman Harvey and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING iTS INTENTION TO ORDER THE CON- STRUCTION OF A PORTION OF CERTAIN STORM DRAIN IMPROVE- MENTS, APPURTENANCES AND APPURTENANT WORK; TO FORM ASSESSMENT DISTRICT NOt 7403-20 IN THE CITY OF CYPRESS, DECLARING THE WORK AND IMPROVEMENT TO BE MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT; DESCRIBING THE DISTRICT TO BE EENEFITED BY SAID WORK AND IMPROVEMENT AND TO PAY THE COSTS AND EXPENSES THEREOF; AND ORDERING A WRITTEN REPORTo The motion was unanim,~u$1y carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Lacayo and Roberrs None None It was moved by Councilman Harvey and seconded by Councilman Lacayo to adopt the following Resolution by title only, TiTle as follows: RESOLUTION NO o 1383 A RESOLUTION OF THE CITY COONCIL OF THE CITY OF CYPRESS, CALIPORNIA~ APPROVING THE REPORT AND FIXING THE rIME AND PLACE OF HEARING PRO- TESTS TO PROPOSED IMPROVEMENTS~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Lacayo and Ro~erts None None It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to approve the Special Counsel Agreement and authorize the Mayor to sign and the City Clerk to attest 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, Lacayo and Roberts None None CONSIDERATION OF ~ODE Eh~fERTAINMENT ORDINANCE: The City Manager presented a report dated July 17, 1973 regarding adoption of an ordinance which would prohibit nude enTertainment~ Following consideration of the ordinance by the Council, it was moved by Council- man Lacayo, seconded by Councilman Harvey and unanimously carried to read the following Ordinance by title only, title as follows: -9- City Council Minutes July 23, 1973 ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER IX OF THE CYPRESS CITY CODE PROHIBITING EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS° It was moved by Councilman Lacayo and seconded by Councilman Harvey to approve the first reading of the Ordinance, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN~ NOES: 0 COUNCILMEN: ABSENT; 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Lacayo and Roberrs None None CONSIDERATION OF GRANTING OF TEMPORARY OCCUPANCY PERMIT: Mrs° Connie Burns, representing Boat City, a boat and camper sales and service facility, 5800 Lincoln, Buena Park, California, addressed the Council and stated that she had been granted tw~ weeks to relocate her business and was requesting the Council's consideration of a temporary permit to locate the business at 5831 Lincoln, Cypress, across the street from the Volkswagen dealership, Mrs, Burns stated that she had a large inventory and the two week period presented a problem in the tel,carl,n. The Planning Director stated that although a conditional use permit would be necessary he would recommend that the Council grant a 60 or 90 day temporary occupancy permit with the condition that the applicant install off~side improve- ments such as curb, gutter and sidewalks prior to approval by the Planning Commission of the conditional use permit. Following discussion~ it was moved by Councilman Lacayo and seconded by Councilw~nan Frankiewich to approve a 90 day temporary occupancy permit for Boat City to be followed by a formal application for a conditional use permit for property to be used as a boat and camper sales and service facility. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN.~ ABSENT: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Lacayo and Roberrs None None RECESS: The HAyor declared a brief recesso The meeting was reconvened with all Councilmen present° CONSIDERATION 0F AN AGREEMENT WITH THE CITY OF LOS ALAMITOS FOR TRAFFIC CONTRO~ AND POLICE SERVICES: The City Manager presented a report dated July i9, 1973 regarding an agreement with the City of Los Alamitos for traffic control and police services° Discussion followed regarding the agreement and reimbursement by the City of Cypress to offset additional policing costs incurred as a result of increased racin~ at the Los Alami~os Race Track° It was moved by Mayor Roberrs and seconded by Councilwoman Frankiewich to adopt the agreement with the City of Los Alamites deleting Condition #4 which requires the City of Cypress to reimburse the City of Los Alamitos in the yearly amount of $14,000 to offset police costs, and direct the City Manager to notify, in a City Council Minutes July 23, 1973 letter, the officials ef the City of Los Alamitos of this action° The motion was unanimously carried by the followin~ roll call vote~ AYES: 5 COUNCILMEN~ NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Harvey, Hanel, Lacayo and Roberrs None None CONSIDERATION OF SALES OF PROPERTIES IN THE NORTHWESTERLY CORNER OF THE CITY: The Planning Director presented a report dated July 19, 1973 concerning the sale by the Los Angeles County Flood Control District of surplus property to owners of adjacent residential parcels east of the Coyote Creek flood control channel° The Planning Director stated that problems relating to this sale were the District or the new property owners had not filed a Division-of-Lan~ Map and the property is currently in the PS-Public and Semi-Public Zone, restricting it to uses not normally associated with or incidental to single family uses. The Mayor asked if anyone in the audience wished to speak in regard to this matter. Mr. Frank Reed, 8051 Acacia, Cypress, California, discussed problems relating to the development of ~he p~operty acquired from the Flood Control District. Mro Richard Davis, 8082 Acacia, Cypress, California, discussed development of this property and stated that he did not feel it was fair to require the new property owners to meet the requirements recommended by the staff regardin8 the filing of a Division-of-Land Map or zone change° Following considerable discussion regarding future utilization of the property sold by the Flood Control District, it was moved by Councilman Lacayo and seconded by Councilman Kanel te c:~ntinue this matter until the next regular Council meeting for further study and direction from the staff regarding resolution of this problem~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCXLMEN: ABSENT: 0 COUNCILMEN: Frankiewicb, Harvey, Kanel, Lacayo and Roberrs None None CONSIDERATION OF PROPOSAL FOR TOPOGRAPHY ON PARK SITES: The City Manager presented a report from the Recreation and Parks Director dated July 19, 1973 regarding topographic surveys of the park sites to be improved with Park Bond funds° The Director ef Public Works reviewed with the Council the standard rates included in the proposal submitted by Toups Engineering° Councilwoman Frankie- with expressed that she felt other proposals should have been considered for this service° It was moved by Councilman Kanel and seconded by Councilman Harvey to accept the propeal from Toups Engineering for providing topography maps for ten City park sites as per their pr.oposel dated July 17, 1973 and authorize issuance of a Purchase Order to perform the work° The motion carried by the following roll call veto: AYES: NOES: ABSENT: 4 COUNCILMEN: 1 COUNCXLMEN: 0 C00NCYLMEN.~ Harvey, Fanel, Lacayo and Roberrs Frankiewich None -11- City Council Minutes July 23, 1973 It was moved by Mayer Roberrs and seconded by Councilman Kanel to appropriate $10,000o00 from the City's General Fund Balance to Account #11-4715-358 with the City's General Fund te be reimbursed at such time as funds are available from the sale of Park Bonds° The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN~ 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Lacayo and Roberrs None None CONSIDERATION OF PROPOSED T~24PORAEY TEEN FACILITY: The City Manager presented a report dated July 16, 1973 from the Recreation and Parks Director regarding the construction of a zempcrary facility for the Cypress Teen Program° The Council discussed features and costs for the building proposed and also relocation of the building when a permanent structure is completed° It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unanimously carried to continue this matter until the next regular Council meeting and request the staff to study other types of facilities including a permanent buildingl CONSIDERATION OF FEES FOR PROPOSED NEW PROGRAMS: The City Manager presented a report from the Recreation and Parks Director dated July 16, 1973 regarding fees for several new fell recreation programs° It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to authorize the fees required fcr the new programs to be initiated as part of the fall recreation and park prcgram. The motion was unanimously carried by the following roll call vote~ AYES: 5 COUNCXLMEN: NOES: 0 COUNCILMEN: ABSENTc 0 COUNCILMEN: Frankiewich, Harvey, Ranel, Lacayo and Roberrs None None WRITTEN AND ORAL COMMUNICAT~0NS: Mrs. Conhie Bleick, 4951 Lemon, Cypress, California, requested the Council's consideration of an appeal of Conditional Use Permit #73-13, approved at the 3uly 19, 1973 Planning Commission meeting° It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unanimously cerried to place on the agenda at this time a matter relating to an appeal of Conditional Use Permit #73-13~ The Planning DirecUor cutlined the actions of the Planning Commission in approving a conditional use permit to establish, operate and maintain a liquor store and delicatessen at the northwesterly corner of 0range Avenue and Moody Street~ Mrs~ Bleick stated that it was the concern of several property owners in the immediate vicinity of the proposed development that the store might become a hangout for students from the nearby Junior high sch6ol and that problems might arise from the sale of liquor, tobacco or pornographic material to minors° Following discussion~ it was moved by Councilman Harvey and seconded by Council- woman Frankiewich to initiate an appeal of Conditional Use Permit #73-13, Burgman and Decell Corporationo The motion was unanimously carried by the -12- City Council~M~nutes July 23, 1973 following roll call vote= AYES: NOES: ABSENT: COUNCILMEN~ COUNCILMEN: COUNCILMEN= Frankiewich, Harvey, Fanel, Lacayo and Roberrs None None The Mayor presented a communication from the Orange County Committee on Consti- tution Observance requesting the City's support and participation in activities during Constitution Week to be held September 17 through 22~ 1973o The Mayor directed the staff to contact various City organizations regarding the preparation for Constitution Week~ It was moved by Councilman Fanel, seconded by Councilwoman Frankiewich and unanimously ~arried to place on the agenda at this time a matter relating to pornographic material~ Following discussion by the Council on its authority in regulating the sale of obscene or pornographic material displaying nudity and its effects on minors, the Council directed the City Attorney to prepare an ordinance establishing restrictions on pornographic material and a resolution to be considered at the October League of California Cities Convention urging other cities to adopt a similar ordinance° The Mayor placed on the agends at this time a matter relating to the quality of wate~ in the City!l It was moved by Mayor Robot=s, seconded by Ceunciiman Lacayo and unanimously carried to direct the staff tc obtain a statement, possibly on a regular basis, from the Southern California Water Company regarding the quality of drinking water in the City of EXECUTIVE SESSION: Mayor Roberrs de,clare:d an Executive Session at 11:38 pomo to discuss matters of litigation and pers~nnel~ The meeting was reconvened with the following Councilmen present: PRESENT: ABSENT: C=3uncilmen Frankiswich~ Harvey, Fanel, Lacayo and Roberrs None It was moved by Councilman Harvey and seconded by Councilman Lacayo to authorize the City Staff to make an offer to the property owne~ for acquisition of property on the wast side of Walker Street n~rth of Oran~eo The motion carried by the following roll call vcte~ AYES: NOES: ABSENT: ¢ COUNCXLMEN~ 1 COUNCILMEN: 0 COUNCILMEN~ Frankiewich, H~z'vey, Fanel and Lacayo Roberrs None ADJOURNMENT It was moved by Councilwoman Frenkiewich, seconded by Councilman Fanel and unanimously ,.zarried toadJourn the meeting at 12:45 pomo to 9~00 a.,mo on Saturday, August 4~ 1973 in the Adminlstretive Conference Room° ATTEST~ ~{AYOR ~HE C~TY 0 · ~ ~ ~ '/.f ~/~ ¢~' ,, ,I/~ CITY CLERKOF T~E CITY OF CYPRESS -13-