Loading...
Minutes 73-08-13MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 13, 1973 The regular meeting of the Cypress City Council was called to order at 4:01 p.m. on Monday, August 13, 1973 in the Cypress City Council Chambers, 5275 Orange Avanue~ Cypress, California, Mayor Roberrs presiding. PRESENT: Mayor Roberrs ABSENT: Councilmen Frankiewich, Harvey, Kanel and Lacayo Also present were Assistant City Manager Douglas Dunlap, City Attorney James Erickson, and the following members of the City Staff: Charkow, Cocklay, Hawley, and Nudeon. RECESS: Due to a lack of a quorum, the Mayor declared the meeting recessed until 4:15 pom. CALL TO ORDER: The meeting was called back to order at 4:15 p.m., Mayor Robarts presiding. PRESENT: Councilmen Lacayo and Roberrs ABSENT: Councilmen Frankiewich, Harvey, and Hanel RECESS; Due to a lack of a quorum, Mayor Robarts declared the meeting recessed until 4;30 pomo CALL TO ORDER: The meeting was called back to order at 4:30 p.m., Mayor Roberrs presiding. PRESENT: Councilmen Lacayo and Roberrs ABSENT: Councilmen Frankiewich, Harvey and Hanel RECESS: Due to a lack of a quorum, the Mayor recessed the meeting until 4:45 p.m. CALL TO ORDER: The meeting was called back to order at 4:45 p.m., Mayor Roberrs presiding. PRESENT: Councilmen Lacayo and Roberrs ABSENT: Councilmen Frankiewich, Harvey and Hanel RECESS: Due to a lack of a quorum, Mayor Robarts recessed the meeting until 7:30 p.m. CALL TO ORDER: The meeting was called back to order at 7:39 p.m. in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Roberrs presiding. 37O City Council Minutes August 13, 1973 PRESENT: ABSENT: Councilmen Harvey, Kanel, Lacayo and Roberrs Councilwoman Frankiewich Also present were Assistant City Manager Douglas Dunlap, City Attorney James Erickson, and the following members of the City Staff: Bryant, Charkow, Coakley, Hawley, Nudeon, and Savord. PLEDGE OF ALLECIANCE: Councilman Kanel led the audience in the pledge of allegiance° MINUTES: Xt was moved by Councilman Kanel, seconded by Councilman Lacayo and unanimously carried to continue the consideration of the minutes of June 26, July 2, July 9, July 23, and August 4, 1973 until the next regular Council meeting. ORAL COMMUNICATIONS: Mayor Roberrs asked if anyone in the audience wished to address the Council at this time regarding any matter not on the agenda. The Recreation and Park Director announced that a charity baseball game will be held on August 26 for the brother of a City Recreation Leader who had broken his neck in a swimming accident. He stated that members of the City Council, Planning Commission and staff will be participating in the game and he encouraged the attendance of the public for this worthwhile cause. At this time, Councilman Harvey happily announced the birth of his sixth child, Steven Michael, who was born July 25, 1973. CONSIDERATION OF AWARD OF CONTRACT FOR APPLICATION OF SLURRY SEAL ON VARIOUS CYTY STREETSi PROJECT #7417-10: The Assistant City Manager presented a report dated August 6, 1973 from the Public Works Director and reviewed the bids received for the project. It was moved by Councilman Lacayo and seconded by Councilman Kanel that Flex- Paving and Engineering, Inc., P. O. Box 308, Tustin, California, is thelowest responsible bidder and award a contract for the application of al~rry seal on City Streets to Flex-Paving and Engineering, Inc., in the amount of their proposal, $19,700.00, dated August 2, 1973, and that the Mayor sign and the City Clerk attest to his signature. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kanel, Lacayo and Roberrs None Frankiewich 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 recommendation on the Administrative Report relating to each matter. It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to approve Item Nos. 2 through 6 on the Consent Calendar. -2- City Council Minutes August 13, 1973 Iten No. 2: Consideration of a Communication from the County Sanitation Districts of Orange County. Recommendation: Receive and file. Item No. 3: Consideration of a Resolution from the City of Westminster Requesting Clarification and Investigation of Citizen Allegations of Maltreatment of Prisoners in the Orange County Jail. Recommendation: Receive and file. Item No. 4: Consideration of a Claim for Damages Submitted by Mr. David Manriquez. Recommendation: That the City Council officially deny the claim of Mr. David Manriquez and request the City Manager to refer the matter to the City's insurance carrier for the appropriate disposition. Item No. 5: Consideration of a Request to Proclaim the Week of September 10-15, 1973, as "Leukemia WeeW' in the City of Cypress. Recommendation: That the Mayor and City Council proclaim the week of September 10-15, 1973, as "Leukemia Week" in the City of Cypress. Item Nee 6: Consideration of Emplo3nnent List for the Position of Data Processing Clerk. Recommendation: That the City Council certify the employment list for the position of Data Processing Clerk, as submitted. CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT #7581: The Assistant City Manager presented a report from the Public Works Director dated August 6, 1973 regarding acceptance of the improvements and release of bonds for Tract #7581 at the southeast corner of Orangewood Avenue and Holder Street. It was moved by Councilman Lacayo and seconded by Councilman Fanel that the City Council accept the public improvements in Tract #7581 as being satisfactorily completed in accordance with plans and specifications and authorize the City Clerk to release the Monumentorion Bond and the Labor and Material Bond upon expiration of their required lien period providing no mechanic liens are filed with the performance bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Fanel, Lacayo and Roberrs None Frankiewich CONSIDERATION OF ACCEPTANCE OF LMPROVEMENTS AND RELEASE OF BONDS FOR TRACT #7424: T'he Assistant City Manager presented a report dated August 6, 1973 from the Public Works Director regarding acceptance of improvements and release of bonds for Tract #7424 at the southwest corner of Orangewood Avenue and Holder Street. It was moved by Councilman Lacayo and seconded by Councilman Fanel to accept the public improvements in Tract #7424 as being satisfactorily completed in accordance with plans and specifications and authorize the City Clerk to release the Menumen- tation Bond and the Labor and Material Bond upon expiration of their required lien -3~ City Council Minutes August 13, 1973 period providing no mechanic liens are filed with the performance bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship, The motion was unanimously carried by the following roll call vote: AYES~ NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Kanel, Lacayo and Roberrs None Frankiewicb CONSIDERATION OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT #6823: The Assistant City Manager presented a report from the Public Works Director dated August 6, 1973 regarding Tract #6823. It was moved by Councilman Lacayo and seconded by Councilman Kanel to accept the public improvements in Tract #6823 as being satisfactorily completed in accordance with plans and specifications and authorize the City Clerk to release the Monu- menration Bond and the Labor and Material Bond upon expiration of their required lien period providing no mechanic liens are filed with the Performance Bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kanel, Lacayo and Roberrs None Frankiewich CONSIDERATION OF RECLASSIFICATION - RESEARCH ASSISTANT: The Assistant City Manager presented a report dated August 8, 1973 concerning a change in classification title from Research Assistant to Administrative Analyst and conduction of a salary survey for that position. ~t was moved by Councilman Lacayo and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NOo 975 BY DELETING CLASS SPECIFICATION FOR THE POSITION OF RESEARCH ASSISTANT AND ADDING A CLASS SPECIFICATION FOR THE POSITION OF ADMINISTRATIVE ANALYST TO THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Hanel, Lacayo and Roberrs None Frankiewich CONSIDERATION OF PUBLIC HEARING RE: AN APPEAL OF CONDITIONAL USE PERMIT #73-13: The Mayor announced that this was the time and place to consider an Appeal by the City Council of the Planning Cornmission's Decision to Grant a Conditional Use Permit to Establish, Operate and Maintain a Liquor Store and Delicatessen at the Northwesterly Corner of Orange Avenue and Moody Street in a CN Commercial Neighborhood Zone, Known as Conditional Use Permit #73-13. The Mayor declared the Public Hearing open and asked that the staff present its report. -4- City Council Minutes August 13, 1973 The Planning Director presented a report dated August 7, 1973 which indicated that the Affidavits of Publication, posting and mailing are on file in the office of the City Clerk, and no communications were received in regard to this matter. The report also transmitted a copy of Planning Staff Report PC#73-32 regarding development of the liquor store/delicatessen. Considerable discussion followed by the Council regarding the nature of the delicatessen, signing requirements and control over the sale of tobacco, liquor, and possible pornographic or obscene materials to minors° The Mayor inquired if the applicant wished to be heard at this time. Mr. Roy Decell, 9451 Moody, Cypress, California, owner of the property, spoke in favor of the liquor store/delicatessen development. The Mayor asked if anyone wished to speak in opposition to the development. Mrs. Connie Bleick, 4951 Lemon, Cypress, California, spoke in opposition to the proposed liquor store/delicatessen and stated a petition had been submitted to the Planning Commission at their last meeting expressing the concern of several property owners in the area over the sale of pornographic material, tobacco and liquor to minors. The Mayor asked if anyone wished to speak in favor of the proposed development. Mrs. Daryle Ellwart, Manager of the Cypress Chamber of Commerce, spoke in favor of granting the conditional use permit, indicating it was her opinion that the operator of the liquor store/delicatessen would not Jeopardize his liquor license by selling to minors. She did not feel that it would be profitable for the store to cater to children or that it would become a hangout for neighborhood youths. No one else wishing to speak in regard to this matter, it was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to close the Public Hearing° The Council continued discussion on the suitability of the development at this location, being on interior streets, control over the type of products to he sold at the delicatessen, and regulation of the display of pornographic or obscene magazines. It was moved by Councilman Lacayo and seconded by Councilman Kanel to sustain the Planning Commission's action of approval of Conditional Use Permit #73-13 with the following additional conditions of approval: Final floor plans of the development and layout of the building, particularly the area where the liquor store is to be located, shall be submitted to the City Council for review and approval prior to the issuance of a building permit. The freestanding sign shall be restricted to a maximum of 15 feet in height and 50 square feet in area. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Harvey to reopen the Public Rearing. It was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously carried to table the motion and reopen the Public Hearing. -5- City Council Minutes August 13, 1973 The Mayor declared the Public Hearing reopened. The Council discussed its authority in the regulation of pornographic er obscene material or material displaying nudity° Mr~ Decell expressed that he did not feel be could legally impose restrictions on his tenant regarding the type of products sold, but be would not be opposed to setting restrictions in the lease. The Mayor declared the Public Hearing closed and this matter removed from the table, The original motion failed to carry by the following roll call vote: AYES: NOES: ABSENr: 2 COUNCILMEN: 2 COUNCILMEN: 1 COUNCILMEN: Kanel and Lacayo Harvey and Roberrs Frankiewich It was moved by Mayor Roberrs and seconded by Councilman Harvey to deny Conditional Use Permit #73-13 with no prejudice, It ~s moved by Councilman Lacayo and seconded by Councilman Kanel to reopen the Public Hearing and continua it to the next regular City Council meeting° The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel and Lacayo Harvey and Roberrs Frankiewich RECESS~ Ma~or Roberrs declared a brief recess. The meeting was reconvened with the following Councilmen present: PRESENT: ABSENT: Councilmen Harvey, Kanel, Lacayo and Roberrs Councilwoman Frankiewich The motion to deny CoU.P. #73-13 with no prejudice failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey and Roberrs Kanel and Lacayo Frankiewich It was moved by Mayor Roberrs and seconded by Councilman Harvey to table the matter regarding the appeal of Conditional Use Permit #73-13. It was moved by Councilman Lacayo to reopen the Public Hearing on CoU.Po #73-13 and continue it to the next regular Council meeting, Mayor Roberrs denied the motion and it was withdrawno It was moved by Councilman Kanel and seconded by Councilman Lacayo to table this matter to the next regular Council meeting° The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES~ 2 COUNCILMEN: ABSENT: 1 COUNCILMEN: Hanel and Lacayo Harvey and Roberrs Frankiewich -6- City Council Minutes August 13, 1973 The motion to table the matter failed to carry by the following roll call vote: AYES: NOES; ABSENT: 2 COUNCILMEN: 2 COUNCILMEN; 1 COUNCILMEN: Harvey and Roberrs Hanel and Lacaye Frankiewicb It was moved by C~uncilman Hanel and seconded by Councilman Lacayo to continue with the agenda and continue this matter to the end of the agenda. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Hanel aM Lacayo NOES: 1 COUNCILMEN: Roberrs ABSENT: 1 COUNCILMEN: Frankiewich CONTINUATION OF CONSIDERATION OF SALES OF PROPERTIES IN THE NURTHWESTENLY CORNER OF THE CITY: The Assistant City Manager presented Planning Staff Report PC#73-42 dated August 8, 1973 regarding the sale of surplus property by the Los Angeles County Flood Control District along the Coyote Creek Channel and solutions to the subdivision and zoning problems resulting from the sales. It was moved by Councilman Harvey and seconded by Councilman Lacayo to authorize the staff to implement the following proposals: io That the City Council initiate a zone change from PS to RU for the' entire strip of land under consideration° 2o That a Division-of-Land Map be prepared by the City Public Works Department and recorded with the Orange County Recorder's Office in conformante with the City's Subdivision Ordinance° 3o That the owner pay the ~pplication fee for the Division-of-Land Map° 4o That the owner pay storm drain fees as required by the City Code. 5o That the LoA.C~FoC~Do and the Orange County Recorder's Office be notified of any actions the City Council takes in this matter. The City Attorney suggested that no criminal action be initiated against the L.AoC.FoCoDo for not preparing the appropriate Division-of-Land Map or complying with other City Ordinances° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN; Harvey, Hanel, Lacayo and Roberrs None Frankiewich CONTINUATION OF CONSIDERATION OF EMPLOYEE EDUCATIONAL INCENTIVE PLAN: Hearing no objections, the Mayor announced that this matter would be continued to the City Council meeting of September 10, 1973. CONSIDERATION OF A REQUEST TO RESCIND AGREEMENTS ON PROTOTYPE HOUSES: The Assistant City Manager presented a report dated August 9, 1973 regarding a request by Larwin Southern California, Into that the City rescind the agreements pertaining to two prototype houses constructed in Tract #6776° Following discussion, it was moved by Councilman Harvey and seconded by Mayor -7- City Council Minutes August 13, 1973 Roberrs to receive and file the request concerning this matter. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES~ 0 COUNCILMEN: ABSENT: 1 COUNCILMEN= Harvey, Kanel, Lacayo and Robarts None Frankiewich CONSIDERATION OF ACCEPTANCE OF FINAL TRACT MAP 68177: The Assistant City Manager presented a report from the Public Works Director dated August 3, 1973 regarding acceptance of Final Tract Map #8177o It was moved by Councilman Lacayo and seconded by Councilman Kanel to approve Final Tract Map #8177 and accept the bonds and agreements for public improvements in the amount of $72,000.00 which is not less than 50% nor mere than 100X of the total improvements and to authorize the Mayor and the City Clerk to sign the agreements and authorize the City Clerk to sign the record map upon the approval of bonds and agreements by the City Attorney° The motion was unanimously carried by the following roll call vote: AYES~ 4 COUNCILMEN~ NOES: 0 COUNCILMEN~ ABSENT: 1 COUNCILMEN: Harvey, Renal, Lacayo and Roberrs None Frankiewich CONSIDERATION OF INITIATION OF PUBLIC NUISANCE PROCEEDINGS ON AP #134-495-10 AT 6752 JONATHAN AVENUE: The Assistant City Manager presented a rep6rt dated August 1, 1973 from the Public Works Director regarding the initiation of public nuisance proceedings against the subject property which contained piles of trash, rubbish, excessive weeds~ automobile parts and unused furniture. Councilman Harvey inquired abouz e street drain in front of this property on jonathan Avenue which had presented a problem in the past because of the unusual types of debris it contained° It was recommended by the Council to include this drain in the resolution as part of the public nuisance~ It was moved by Councilman Lacayo and seconded by Councilman Renal to adopt the following Resolution by title only, title as follows: RESOLUTION NO~ 1385 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN THE CITY MAy BE MAINTAINED IN SUCH A WAY AS TO CONSTITUTE A NUISANCE, AND DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS OF ARTICLE III OF CHAPTER 13 OF THE CYPRESS CITY CODE° The motion was unanimoualy carried by the following roll call vote: AYES: NOES: ABSENTu 4 COUNCILMEN: 0 COUNCILMEN.~ 1 COUNCILMEN: 'Harvey, Renal, Lacayo and Roberrs None Frankiewich CONSIDERATION OF ZONING AND BUILDING VIOLATION: The Assistant City Manager presented Planning Staff Report PC~73-41 dated August 7, 1973 regarding violations in the construction and maintenance of an inflatible, vinyl swimming pool cover at 6042 Marilyn Drive in the City° -8- City Council Minutes August 13, 1973 It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to continue this matter to the next regular Council meeting of August 27, 1973. CONSIDERATION OF AN ORDINANCE CONCERNING THE DISPLAY OF OBSCENE MATERIALS: A report was presented by the Assistant City Manager dated August 9, 1973 relating to an ordinance regulating the display of obscene materials. Following discussion of the types of materials which would be regulated and enforcement of the ordinance, it was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING SECTIONS 17-13 THROUGH 17-16 TO CHAPTER 17 "OFFENSES - MISCELLANEOUS" OF THE CODE OF THE CITY OF CYPRESS REGULATING THE DISPLAY OF CERTAIN MATTER TO MINORS. RECESS: The Mayor declared a brief recess. The meeting was reconvened with the following Councilmen present: PRESENT: ABSENT: Councilmen Harvey, Hanel, Lacayo and Roberrs Councilwoman Frankiewich It was moved by Councilman Lacayo 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: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Hanel, Lacayo and Roberrs None Frankiewich CONTINUATION OF CONSIDERATION OF COMMITTEE AND COMMISSION APPOINTMENTS: The Mayor announced that this matter would be considered in an Executive Session. RECESS: The Mayor declared a brief recess. The meeting was reconvened with the following Councilmen present: PRESENT: ABSENT: Councilmen Harvey, Hanel, Lacayo and Roberrs Councilwoman Frankiewich CONSIDERATION OF ESTABLISHING A CITY THEATER: The Assistant City Manager presented a report dated August 8, 1973 concerning the possibility of the City completing and operating the theater located in the shopping center at the northwest corner of Walker and Ball Road. Following discussion, it was moved by Councilman Harvey, seconded by Mayor Roberts and unanimously carried to receive and file this matter. -9- City Csuncil Minutes August 13, 1973 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 32697 - 32868: It was moved by Councilman Lacayo and seconded by Councilman Kanel to approve the Commercial Warrant List for Warrants No. 32697 through 32868 in the total amount of $1,984,693.82. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIlAMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kanel, Lacayo and Roberrs None Frankiewich CONTINUATION OF CONSIDERATION OF PROPOSED TEMPORARY TEEN FACILITY: The Assistant City Manager presented a report dated August 9, 1973 from the Recreation and Park Director. The Recreation and Park Director reviewed his recommendations in the report to purchase and erect a temporary teen facility at Rosen/Acacia Park. Following discussion of the type of facility proposed and its location at Rosen/ Acacia Park, located adjacent to the Swain School, the Council felt that the previously reconunended location of Oak Knoll Park would he more suitable since the teen programs might interfere with the programs for younger children. It was moved by Councilman Harvey and seconded by Councilman Lacayo to authorize the purchase and erection of the proposed interim teen facility at Oak Knoll Park and tHat upon completion of the permanent center building, the interim facility be relocated at a park to be determined at a later data. The motion was unani- mously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Kanel, Lacayo and Roberrs None Frankiewich CONSIDERATION OF AGREEMENT FOR THE ACQUISITION OF THE OAK KNOLL PARK PROPERTY FROM THE CYPRESS ELBMENTAKY SCHOOL DISTRICT: The Assistant City Manager presented a report dated August 8, 1973 regarding purchase of the park property from the School District. It was moved by Councilman Lacayo and seconded by Councilman Harvey to authorize the Mayor to sign and the City Clerk to attest any and all documents related to the sale of the Oak Knoll property on the terms and conditions stated in Resolu- tion No. 723-8 of the Board of Trustees of the Cypress School District of Orange County. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kanel, Lacayo and Roberrs None Frankiewich It was moved by Councilman Lacayo and seconded by Councilman Fanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AUTHORIZING THE CLERK TO ACCEPT A CRANT DEED FROM THE CYPRESS SCHOOL DISTRICT OF ORANGE COUNTY. City Council Minutes August 13, 1973 The motion was unanimously carried by the fellowins roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Rarvey, Kanal, Lacayo and Robarts None Frankiewich CONSIDERATION AND REVIEW OF LEGISLATION AFFECTING RECREATION AND PARK DISTRICTS: The Assistant City Maltaget presented a report from the Recreation and Park Director dated August 9, 1973 which contained the requirements proposed by Assembly Bill 1367 regarding standards for park development~ It was moved by Councilman Lacayo and seconded by Councilman Harvey that the City Council transmit letters of opposition to Assembly Bill 1367 to our local Assemblyman and Senator, as well as Assemblyman Paul Priolo, Chairman of the Assembly Standing Conunittee on Planning and Land Use. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES~ 0 COUNCILMEN: ABSENT.~ 1 COUNCILMEN: Harvey, Fanel, Lacayo and Robarts None Frankiewich CONSIDERATION OF APPROVAL OF CYPRESS RECREATION AND PARK DISTRICT COMMERCIAL WARRANT LIST FOR WARRANTS N0~2464'2514: It was moved by Councilman Lacayo and seconded by Mayor Roberrs to approve the Cypress Recreation and Park District Commercial Warrant List for Warrants Noo 2464 through 2514 in the total amount of $137,478o93~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOESc 0 COUNCILMEN: ABSENT u 1 COUNCILMEN: Harvey, Kanel, Lacayo and Roberrs None Frankiewich SECOND READING OF ORDINANCE PROHIBITING EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS: It was moved by Councilman Harvey~ seconded by Councilman Lacayo and unanimously carried to read the following Ordinance by title only, title as fellows: ORDINANCE NO o 511 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 Harvey and seconded by Councilman Lacayo to adopt Ordinance No. 511, The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOESc 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey~ Kanel, Lacayo and Robarts None Frankiewich SECOND READING OF ORDINANCE RELATING TO THE CONSTRUCTION AND RECONSTRUCTION OF WATER WELLS: It was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO o 512 -11- City Council Minutes August 13, 1973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING BY REFERENCE ORDINANCE NO. 2607 OF THE COUNTY OF ORANGE RELATING TO THE CONSTRUCTION AND RECONSTRUCTION OF WATER WELLS. It was moved by Councilman Harvey and seconded by Councilman Lacayo to adept Ordinance No. 512. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Kanel, Lacayo and Roberrs None Frankiewich Mayor Roberrs inquired if any Councilman wished to add any item to the agenda at this time. At the request of the Assistant City Manager, and hearing no objections, the Mayor placed on the agenda a matter relating to the purchase of City vehicles by the State of California Department of General Services. It was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE VEHICLES FOR AND ON BEHALF OF THE CITY OF CYPRESS° The motion was unanimously carried hy the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Manel, Lacayo and Roberrs None Frankiewich At the request of Councilman Harvey, and hearing no objections, the Mayor placed on the agenda at this time a matter relating to a temporary sign at the Shell service station at the northeast corner of Valley View and Orange Avenue. The Planning Director reported that the operator of the station had been notified today that the sign is in violation ef the Zoning Ordinance and conditional use permit. CONSIDERATION OF PUBLIC HEARING RE: AN APPEAL OF CONDITIONAL USE PERMIT #73-13 (Continued): Following discussion, it was moved by Councilman Harvey and seconded by Mayor Roberrs to table this matter° It was then moved by Councilman Manel and seconded by Councilman Lacayo to table this matter to the next regular Council meeting. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 1 COUNCILMEN: Manel and Lacayo Harvey and Roberrs Frankiewich -12- City Council Minutes August 13, 1973 The motion to table the matter failed to carry by the following rollcall vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 2 COUNCILMEN: 1 COUNCILMEN: Harvey and Roberrs Hanel and Lacayo Frankiewich It was moved by Councilman Hanel and seconded by Councilman Lacayo to continue this matter to the next regular Council meeting. The motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 2 COUNCILMEN: 1 COUNCILMEN: Hanel and Lacayo Harvey and Roberrs Frankiewich It was moved by Councilman Lacayo, seconded by Councilman Fanel and unanimously carried to continue with the agenda. CONTINUATION OF CONSIDERATION OF COMMITTEE AND COMMISSION APPOINTMENTS: The Hayor announced this matter would be considered in an Executive Session. EXECUTIVE SESSION: The Mayor declared an Executive Session to discuss matters of personnel~ The meeting was reconvened with the following Councilmen present: PRESENT: ABSENT: Councilmen Harvey, Kanel, Lacayo and Roberrs Councilwoman Frankiewich It was moved by Councilman Lacayo and seconded by Councilman Kanel to adjourn the meeting. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 1 COUNCILMEN: Fanel and Lacayo Harvey and Roberts Frankiewich It was moved by Councilman Kanel to postpone the matter regarding the appeal of Conditional Use Permit #73-13 to the next regular Council meeting. The motion died for lack of descend. It was moved by Councilman Lacayo to continue the matter regarding the appeal of Conditional Use Permit #73-13 to Tuesday, August 14, 1973 at 7:30 p.m. The motion died for lack of a second. Following further discussion, it was moved by Mayor Roberrs and seconded by Councilman Harvey to table the matter regarding the appeal of COnditional Use Permit #73-13. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Hanel and Roberts NOES: 1 COUNCILMEN: Lacayo ABSENT: 1 COUNCILMEN: Frankiewich ADJOURNMENT: ATTEST: LEN It was moved by Councilman Lacayo, seconded by Councilman Hanel and unanimously carried to adjourn the meeting at 1:45 a.m. to Monday, August 27, 1973 at 4:00 p.m. MXYOR OF/T~E CITY OF CYPRESS ~ ' -13-