Minutes 73-08-27MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
August 27, 1973
The regular meeting of the Cypress City Council was called to orderat 4:01 p.m.
on Monday, August 27, 1973 in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Councilwoman Frankiewich presiding.
PRESENT: Councilwoman Frankiewich
ABSENT: Councilmen Harvey, Kanel, Lacayo and Roberrs
Also present were City Manager/City Clerk Dartell Essex, City Attorney James
Erickson, and the following members of the City Staff: Bryant, Charkow, Dunlap,
Hawley and Schatzeder.
RECESS:
Due to a lack of a quorum, Councilwoman Frankiewich recessed the meeting until
4:15 p.m.
CALL TO ORDER:
The meeting was called back to order at 4:15 p.m., Mayor Roberrs presiding.
PRESENT: Councilmen Frankiewich and Roberrs
ABSENT: Councilmen Harvey, Kanel and Lacayo
RECESS:
Due to a lack of a quorum, Mayor Roberrs recessed the meeting until 4:25 p.m.
CALL TO ORDER:
The meeting was called back to order at 4:25 p.m., Mayor Roberrs presiding.
PRESENT: Councilmen Frankiewich and Roberrs
ABSENT: Councilmen Harvey, Kanel and Lacayo
RECESS:
Due to a lack of a quorum, Mayor Roberrs recessed the meeting until 4:30 p.m.
CALL TO ORDER:
The meeting was called back to order at 4:30 p.m., Mayor Roberrs presiding.
PRESENT: Councilmen Frankiewich, Harvey, Lacayo and Roberrs
ABSENT: Councilman Hanel
MINUTES:
It was moved by Councilman Harvey, seconded by Mayor Roberrs and carried,
Councilmen Frankiewich and Lacayo abstaining, to approve'the minutes of
August 11, 1973.
CONSIDERaTION OF MEETING WITH IAMPMAN AND ASSOCIATES RE: PROPOSAL FOR LEGISLATIVE
SERVICES: The City Manager announced that Lampman and Associates had requested
withdrawal of their proposal from the agenda to be considered ata later date.
City Council Minutes
August 27, 1973
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.
The Mayor asked if any Councilman wished to add or remove any item from the Consent
Calendar.
No one wishing to do so, it was moved by Councilman Lacayo, seconded by Councilwoman
Frankiewich and unanimously carried to approve Item Nos. 1 through 7 on the Consent
Calendar.
Item No. 1: Consideration of Supplement to Standard Agreement for Collection of
Sewer Connection Charges°
Recommendation: That the City Council approve the supplement te the agreement with
the Orange County Sanitation District No. 3 for collection of sewer connection charSes.
Item No. 2: Consideration of Adoption of a Resolution Eetabliehing Labor Rates in
the City of Cypress.
Recommendation: That the City Council adopt the following Resolution by title only,
title as follows:
RESOLUTION NO. 1387
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND
THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT ASCERTAINING AND DETERMINING GENERAL PRE-
VAILING RATES OF PER DIEM WAGES.
Item No. 3: Consideration of an Application for an Off Sale General Alcoholic
Beverage License - 5362 Lincoln Avenue.
Recommendation: That the City Council receive and file the application.
Item No. 4: Consideration of Certification of Employment List - Clerk-Typist.
Recommendation: That the City Council certify the Employment List for the position
of Clerk-Typist.
Item No. 5: Consideration of Acceptance of Improvements and Release of Bonds for
Tract #7499.
Recommendation: That the City Council accept the public improvements in Tract
#7499 as being satisfactorily completed in accordance with plans and specifications,
and authorize the City Clerk to release the Monumentation 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 workmanehip.
Item No. 6: Consideration of Acceptance of Improvements and Release of Bende for
Tract #7346.
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City Council Minutes
August 27, 1973
Recommendation: That the City Council accept the public improvements in Tract
#7346 as being satisfactorily completed in accordance with plans and specifications,
and authorize the City Clerk to release the Monumentation 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 w~rkmanship.
Item No. 7: Consideration of Certification of Employment List for Promotional
Exami~ation - Jr. Civil Engineer~
Recommendation: That the City Council certify the Employment List for Promotional
Examination for the position of Jr. Civil Engineer.
The Mayor announced that the public hearings were scheduled to begin at 7:30 p.m.
and that Item no. 10, Continuation of Consideration of Committee and Commission
Appointments, would be considered in an Executive Session.
CONTINUATION OF CONSIDERATION OF ZONING AND BUILDING VIOLATION: The City Manager
presented a report dated August 23, 1973 from the Planning Department which indicated
that the property owner had complied with the City building and zoning codesby
removing the inflatable, vinyl swimming pool cover and that no further action by
the Council was necessary.
It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unani-
mously carried to receive and file the report regarding this matter.
CONSIDERATION OF AUTHORIZATION TO CONDUCT A RANDOM SAMPLING OF HOUSING UNITS TO
DETERMINE AVERAGE PERSONS'PER-HOUSEHOLD FIGURES: The City Mamaget presented a
report from the Finance Director dated August 22, 1973 recommending the conduction
of a random sampling of housing units to determine average persons-per-household
figures which determine the State subvention distribution to the City.
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to
authorize the random sampling to determine persons-per-household figures and that
the City Council appropriate $100 to the Finance Department to defray miscellaneous
office supply expenses in conjunction with the subject sampling. The motion was
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
CONSIDERATION OF SIGHT DISTANCE PROBLBMS IN TItE VICINITY OF THE DENNI STREET BRIDGE:
The City Manager presented a report dated August 21, 1973 regarding sight distance
problems in relation to existing pedestrian conditions in the vicinity of the Denni
Street bridge which recommended the installation of a flashing yellow school sigma1
as a warning for motorists.
The Public Works Director reviewed plans which illustrated the sigh't distance
problems.
It Was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to
approve the recommendations of the Advisory Traffic Committee and appropriate
$1,600.00 to the Denni Street bridge project #7301-10-0646 for the installation of
a flashing yellow school signal. The motion was unanimously carried by the following
roll call vote:
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City Council Minutes August 27, 1973
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
The Mayor announced that Item nee 14, Consideration of Salary Increases for Certain
Management Personnel, and Item no~ 15, Consideration of Salary Survey - Administra-
tive Analyst, would be considered later in an Executive Session.
CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS - CERTIFICATION OF RIGHT OF
WAY AND AUTHORIZATION TO ADVERTISE FOR BIDS ON CEERITOS AVENUE AND HOLDER STREET~
diTY PROJECT #7302-10-0642: The City Manager presented a report from the Public
Works Director dated August 21, 1973 regarding the improvements for Carrites Avenue
and Holder Street which were included in the FY 1972/73 Arterial Highway Financing
Construction Program.
It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo 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: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
It was moved by Councilman Harvey and seconded by Councilman Lacayo to approve
the plans and specifications for improvements of Cerritos Avenue and Holder Street
from the Centerline intersection of Holder Street and Cerritos Avenue to 390 feet
west of centerline intersection and from the centerline intersection of Holder
Street and Cerritos Avenue to 272 feet south of centerline intersections Project
#7302-10-0642, and authorize the City Clerk to advertise for bids subject to
approval of the Orange County Road Department. The motion was unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
The Mayor inquired about a semi-truck with two trailers that was parking con-
sistently on the east side of Holder Street, north of Orange Avenue, and blocking
vision. The City Manager stated that the staff would investigate this matter.
CONSIDERATION OF LANDMARK TREE ORDINANCE: The City Manager presented a report
dated August 23, 1973 from the Planning Department which recommended the inclusion
of the Landmark Tree Ordinance in the City Code as a means of enhancing the community
image and environment° The Planning Director indicated that this Ordinance relates
to ongoing development in the City and the staff recommended adopting the Ordinance
as an urgency ordinance.
It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously
carried to read the following Ordinance by title only, title as follows:
ORDINANCE NO~ 513
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING SECTIONS 17-17 THROUGH 17-27 TO CHAPTER 17 "OFFENCES -
MISCELLANEOUS" OF THE CODE OF THE CITY OF CYPRESS PROVIDING FOR
THE PRESERVATION OF CERTAIN TREES°
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city &aal Minutes August 27, 1973
It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo to adopt
Ordinance No. 513. The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
It Was moved by Councilwoman Frankiewtch, seconded by Councilman Lacayo and unani-
mously carried to read the following Ordinance by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 17 OF THE CITY CODE BY ADDING A NEW
SECTION, SECTION 17-13, ENTITLED, "PRESERVATION OF
CERTAIN TREES."
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich 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:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
CONSIDERATION OF AN ORDINA/qCE PERTAINING TO FOOD HANDLING ESTABLISHMENTS: The
City Fansget presented a report dated August 22, 1973 which 'indicated that the
City's present Food Handling Ordinance has been nullified by the recent enactment
of the State Retail Food Production and Marketing Establishments Law and recommended
adoption of a model ordinance to replace the ordinance in effect.
It was moved by Councilman Harvey, seconded by Councilwoman Frankiewich to read the
following Ordinance by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
RELATING TOTHE ISSUANCE OF PERMITS FOR AND REGULATIONS
APPLICABLE TO FOOD HaNDLING ESTABLISHMENTS AND PROVIDING
A PENALTf FOR THE VIOLATION THEREOF.
It was moved !by Councilman Harvey and seconded by Councilwoman Frankiewich 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:
Frankiewich, Harvey, Lacayo and Robarts
None
Fanel
CONSIDERATION OF ADOPTION OF AN ORDINANCE ESTABLISHING THE CITY TAX RATE FOR THE
1973/74 FISCAL YEa: The Mayor stated that this matter would be considered when
the entire Council is present.
CONSIDERATION OF INSTALLATION OF "WARNING SIGNS" AT THE INTERSECTION OF CERRITOS
AVENUE AND ALMOND STREET: The City Manager presented a report dated August 23,
1973 regarding installation of Warning signs and reflective pavement markers at
the intersection of Cerritos and Almond which would create an automatic 25 mile
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City Council Minutes
August 27, 1973
per hour speed zone when children are present°
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to
approve the installation of reflective pavement markers and warning signs at the
intersection of Cerritos Avenue and Almond Streeto The motion was unanimously
carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
CONSIDERATION OF RESTRICTED PARKING AREAS IN THE CITY OF CYPRESS: The City
Manager presented a report dated August 23, 1973 regarding establishment of no
parking areas on Retells for the new Orange County Transit District bus line,
and no parking areas on the north side of Lincoln Avenue, west of Grindlay Street.
The Public Works Director presented diagrams indicating the proposed no parking
areas.
It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to
adopt the following Resolution by title only, title as follows:
RESOLUTION N0o 1388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ESTABLISHING NO PARKING AREAS AND
LIMITED TIME PARKING AREAS~
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 32869 -
32985: It was moved by Councilwoman Frankiewich and seconded by Councilman
Lacayo to approve the commercial warrant list for warrants no. 32869 through
32985 in the total amount of $2,316,224~68~ The motion was unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
CONSIDERATION OF A TWENTY FIVE DOLLAR ($25°00) HONORARIUM FOR BAND CONCERTS: A
report was presented by the City Manager from the Recreation and Park Director
dated August 23, 1973 regarding an honorarium to be paid to each band performing
in the summer concert series of the Recreation and Park District.
It was moved by Councilman Harvey and seconded by Councilman Lacayo that the City
Council establish a policy of authorizing expenditure of $25.00 in the form of an
honorarium for each band for their performance for the Sunday Bummar Concerts and
that a maximum of $100000 be expended for this activity as a pilot project. The
motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
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City Council Minutes
August27, 1973
CONSIDERATION OF ARTS AND CULTURAL COMMISSION HOSTING THE BUENA PARK PLAYERS:
T~e City Manager presented a report dated August 23, 1973 fro~ the Recreation
and Park Director recommending that the City host, at no cost, the production
of "You're a Good Man Charlie Brown" to be presented by the Buena Park Players.
It was moved by Councilman Lacayo and seconded by Councilman Harvey to authorize
the Arts and Cultural Commission to boat the Buena Park Players in their production
of "You're a Good Man Charlie Brown" which is to be presented in the Cypress High
School Little Theater, and that such hosting of this production will not require
any funding by the City, but would allow City staff to assist in publicity and
facility arrangements. The motion was unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
The Mayor announced that Item no. 23, Consideration of Establishing the 1973/74
Tax Rate for the Cypress Recreation and Park District, and Item no. 24, Considera-
tion of 1973/74 Cypress Recreation and Park District's Debt Service Tax Rate,
would be considered during the evening session of the meeting.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 2515 - 2548:
It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo to approve
the Cypress Recreation and Park District commercial warrant list for warrants no.
2515 through 2548 in the total amount of $32,089.60. The motion was u~animously
carried by the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich, Harvey, Lacayo and Rebert~
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Kanel
SECOND READING OF ORDINANCE RE: DISPLAY OF CERTAIN MATTER TO MINORS: The City
Manager stated that the City Attorney recommended continuance of the ordirmnce
since the District Attorney's office was presently reviewing it in terms of
validity and enforcement.
It was moved hy Councilwoman Frankiewicb, seconded by Councilman Lacayo and unani-
mously carried to continue the second reading of the ordinance to the next
regular Council meeting of September 11, 1973.
The Mayor inquired if any Councilman wished to add an item to the agenda at this
time.
At the request of Councilwoman Frankiewicb, Item no. 22a was added to the agenda
regarding consideration of insulation of residences in the City.
Councilwoman Frankiewich inquired about provisions in the City Code for insulation
of dwellings, especially with regard to the present fuel shortage, and asked if the
staff could study this matter. The Council directed the Building Superintendent
to present this matter for consideration at the next meeting of the International
Conference of Building Officials.
It was moved hy Councilwoman Frankiewich, seconded By Councilman Lacayo and unani-
mously carried to direct the staff to draft a resolution containing the City'e
recommendations for insulation of residences to the State League of California Cities.
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City Council Minutes August 27, 1973 ~..~
CONSIBERATION OF AWARD OF CONTRACT FOR DEMOLITION OF BUILDING STRUCTURES ON FOUR
PARK SITES: At the request of the City Manager, this matter was addedto the agenda
at this time as Item noo 27a~ The City Manager presented a report from theRecreation
and Park Director dated August 27, 1973 regarding demolition of old structures on
four park sites prior to their development. Hereviewed the bids received for the
proJect.i
It was moved by Councilman Harvey and seconded by Mayor Robarts that the City Council
determine that Fowler Equipment, Into, Po 0o Bexbg07, Orange, California, is the
lowest responsible bidder, and award a contract for the four structures located on
four separate park sites in the amount of their proposal, $3,790~00 dated August 16,
1973o The motion was unanimously carried by the follo~rlng roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
It was moved by Councilman Harvey and seconded by Councilwoman Frankie~rich that the
amount of $3,790°00 be advanced to the bond fund which will be replaced at the time
the bends are sold~ The motion was unanimously carried by the follo~rlng roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: i COUNCILMEN:
Frankiewich, Harvey, Lacayo and Roberrs
None
Kanel
The Mayor read a letter from a resident of Cypress, Mrs. Juanits Berth, expressing
her thanks to the City Fire and Police Departments for their prompt assistance when
her husband suffered a heart attacko
The City Manager reported that the City had received notification of a proposed
annexation of property at the southeast corner of Katella and ~ott to the City of
Stabtono
Hearing no objections, the Mayor placed this matter on the agenda as Item noo 22b.
Following discussion, it was moved by Councilman Harvey, seconded by Councilwoman
Frankiewich and unanimously carried that the Council transmit a communication to
the Local Agency Formation Commission stating that the City has no objections to the
proposed annexation since it is within the sphere of influence of the City of Stanton.
The City Manager reported that the sale of the park bonds was scheduled for
Tuesday, 0ctober 30, 1973o
The Mayor placed this matter on the agenda as Item noo 24b to be considered in
conjunction with Item no~ 24.
RECESS:
The Mayor recessed the meeting at 5:35 pomo until 7:30 p.m. in the Cypress City
Council Chambers°
CALL TO ORDER:
The meeting was called back to order at 7:30 pomo in the Cypress City Council
Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robarts presiding.
PRESENT:
ABSENT:
Councilmen Frankiewich, Harvey, Kanel, Lacayo and Roberrs
None
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City Council Minutes
August 27, 1973
Also present were City Manager/City Clerk Dartell Essex, City Attorney James
Erickson, and the following members of the City Staff: Bryant, Charkow, Dunlap,
Hawley, Nudson, Savord and Schatzeder~
PLEDGE OF ALLEGIANCE:
The pledge to the flag was led by Councilman Harvey.
ORAL COMMUNICATIONS:
The Mayor asked if anyone in the audience wished to address the Council regarding
any matter not on the agendao No one wished to speak at this time.
MINUTES:
It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and carried,
Councilmen Fanel and Lacayo abstaining, to approve the minutes of June 26, 1973.
It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and umani-
mously carried to approve the minutes of July 2, 19730
It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and carried,
Councilman Lacayo abstaining, to approve the minutes of July 9, 1973.
It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unani-
mously carried to approve the July 23, 1973 minutes.
It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and carried,
Councilmen Frankiewich and Roberrs abstaining, to approve the minutes of August 4,
1973o
It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and carried,
Councilmen Frankiewich, Fanel and Lacayo abstaining, to approve the minutes of
August 11, 1973~
It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and carried,
Councilwoman Frankiewich abstaining, to approve the minutes of August 13, 1973 as
corrected.
PUBLIC HEARING RE: CONSIDERATION OF PROPOSED ASSESSMENT DISTRICT~ PROJECT #7403-20
(WALNUT STREET/JONATHAN CHANNEL): The Mayor declared the Public Hearing open to
consider the proposed Assessment District, Project #7403-20, (Walnut Street/Jonathan
Channel) and announced that this was the time and place fixed by the City Council for
bearing objections or protests on the proposed work, or on the extent of the Assess-
ment District, or on the proposed grades under the Resolution of Intention, Resolu-
tion No. 1382, covering the construction of certain storm drain improvements and
appurtenances and appurtenant work in the City of Cypress~
The City Manager presented the signed petitions requesting the construction of
the proposed improvements and waiving proceedings under the Special Assessment
Investigation, Limitation and MaJ ority Protest Act of 1913. He stated that the
notices of public hearing had been properly posted, published and mailed pursuant
to the Code requirements°
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to
approve the petitions and order them filed° The motion was unanimously carried
by the following roll call vote:
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City Council Minutes AugUSt 27, 1973
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 Councilwoman Frankiewich to
approve the affidavits of compliance regarding posting, publication and mailing
of the notice of the hearing regarding the 1913 Act proceedings and order them filed°
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 RoEerrs
None
None
The Deputy City Attorney briefly explained how the public hearing would he conducted.
The Public Works Director presented a map describing the area of the proposed
Assessment District and discussed the nature of the improvements. He also presented
testimony to the fact that all lands within the Assessment District would be bonefired
by the improvements since the work to be done consisted of the construction of a
reinforced, concrete box conduit at the rear of Tracts #6705 and 6657 in lieu of an
open channel~ He stated that construction of the box conduit would eliminate a
potential hazard of the open channel and would allow the property o~ners to utilize
an area that would otherwise be devoted to an open channel,
The Mayor asked the City Clerk to read any %rritten protests which had been received
on the proposed work, the extent of the Assessment District, or on the proposed gradeso
The City Clerk stated that no written protests had been received°
The Mayor then asked if anyone wished to speak in opposition to the proposed work,
grades, or extent of the Assessment District°
No one wished to speak in opposition at this time°
The Mayor inquired if anyone wished to speak in favor of the proposed work, extent
of the Assessment District, or proposed gradeso
Mrs. Tammy Smith, 6696 Walnut, Cypress, California, addressed the Council and stated
that 90 percent of the property o~alers were in favor of the proposed Assessment
District and would like to see it completed°
No one else wished to speak in favor of the proposed work, grades, or extent of the
Assessment District.
The Mayor declared the 1913 Act Public Hearing closedo
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 1389
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, MAKING DETERMINATIONS AND CONFIRMING ASSESS-
MENTS IN THE MATTER OF ASSESSMENT DISTRICT NOo 7403-20
(WALNUT STREET - JONATHAN CHANNEL)°
The motion was unanimously carried by the following roll call vote:
City Council Minutes
August 27, 1973
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, Hanel, 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 N0o 1390
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DESIGNATING THE SUPERINTENDENT OF STREETS
TO COLLECT AND RECEIVE ASSESSMENTS AND FOR THE CITY
TREASURER TO ESTABLISH A SPECIAL FUND FOR ASSESSMENT
DISTRICT NO. 7403-20 (WALNUT STREET - JONATHAN CHANNEL).
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
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to
appropriate $4,500.00 from the 1968 Drainage Bond Construction Fund to ProJ oct
#7403-20, Jonathan Channel. 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
It was ~ved by Councilman Harvey and seconded by Councilman Lacayo to approve
agreement C-803 between the Orange County Flood Control District and the City of
Cypress for the improvement of 0_~'%e Jonathan Storm Channel, District Facility C02S03
from Valley View Street to 140 feet west of Knott Avenue subject to approval of
the City Attorney. The motion was unanimously carried by the following roll call
Vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Hanel, Lacayo and Roberrs
None
None
It was moved by Councilman Harvey and seconded by Councilworaan Frankiewich to
authorize the Mayor to sign and the City Clerk to attest his signature on quit claim
deed and easement deed, Exhibits "B" and "C" of Agreement C-803. 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 Mayor declared a brief recess until 8:00 p.m. The meeting was reconvened
with all Councilmen present.
PUBLIC HEARING RE: ZONE CHANGE NO o 73-4 - MANZANITA PARK: The Mayor announced that
this was the time and place to consider the rezoning of an area of approximately
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City Council Minutes August 27, 1973
1.7 acres of land situated on the southerly and easterly sides of Manzanita Park
from the RU (Single-Family Residential) Zone to the PS (Public and Semi-Public)
Zone, known as Zone Change #73-4. The Mayor declared the Public Hearing open
and asked that the staff present its report.
The Planning Director presented a report dated August 22, 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#73-39 which was
reviewed by the Planning Director.
The Mayor asked if anyone wished to speak in opposition to the proposed zone
change. No one wished to speak in opposition to the zone change at this time.
The Mayor asked if anyone wished to speak in favor of the proposed zone change.
There was no one wishing to speak in favor of the zone change.
The Mayor then declared the Public Hearing closed on Zone Change No. 73-4.
It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and unani-
mously carried to read the following Ordinance by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ZONING ORDINANCE NO. 497 BY CHANGING THE ZONE
OF A CERTAIN PARCEL OF LAND FROM THE RU SINGLE-FAMILY
RESIDENTIAL ZONE TO THE PS PUBLIC AND SEMI-PUBLIC ZONE
AND KNOWN AS ZONE CHANGE NO. 73-4.
It was moved by Councilwoman Frankiewich 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:
Frankiewich, Harvey, Kanel, Lacayo and Roberts
None
None
The Mayor reviewed for the benefit of the audience the actions taken by the
City Council during their afternoon session.
CONSIDERATION OF ADOPTION OF AN ORDINANCE ESTABLISHING THE CITY TAX HATE FOR THE
1973/74 FISCAL YEAR: The City Manager presented a report dated August 23, 1973
regarding establishment of the 1973/74 fiscal year tax rate.
Following discussion, it was moved by Councilman Lacayo, seconded by Councilman
Kanel and unanimously carried that the City maintain its present tax rate of $ .95.
It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously
carried to read the following Ordinance by title only, title as follows:
ORDINANCE NO. 514
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FIXING THE MUNICIPAL TAX HATE FOR THE FISCAL YEAR 1973/74.
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City Council Minutes August 27, 1973
It was moved by Councilman Lacayo and saconded by Councilman Harvey to adopt
Ordinance No. 514. 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 Roberts
None
None
CONSIDERATION OF ESTABLISHING THE 1973/74 FISCAL YEAR TAX RATE AND DEBT SERVICE
RATE FOR THE CYPRESS RECREATION AND PARK DISTRICT: The City Manager presented
reports dated August 23, 1973 regarding establishment of the District's 1973/74
fiscal year tax rate and debt service rate.
Following discussion, the Council recommended that the Recreation and Park
District maintain its present tax rate of 48.7¢, and establish a debt service
tax rate of $ .08.
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to
adopt the following Resolution by title only, title as follows:
RESOLUTION NO. 30
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, FIXING THE GENERAL AND SPECIAL TAX RATES IN SAID
DISTRICT FOR THE FISCAL YEAR 1973/74.
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 Roberts
None
None
At the request of the Mayor, it was moved by Councilwoman Frankiewich, seconded
by Councilman Lacayo and unanimously carried to place on the agenda at this
time a matter relating to the Lincoln Avenue study.
The Mayor announced that in regard to the Lincoln Avenue Study being undertaken
by the City, he would like to appoint representatives from the City staff,
Chamber of Commerce and City Council to serve on a committee to develop an action
plan to be considered and implemented in the future. The Mayor named Mr. Alex
Bell as the Chamber representative, Councilman Harvey as the Council representa-
tive, and the Planning Director as the staff representative.
It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and
unanimously carried to approve the appointments made by the Mayor.
Mrs. Daryle Ellwart, Manager of the Cypress Chamber of Commerce, addressed the
Council and stated that the Chamber had considered such a committee and felt
it was a very good idea.
At the request of the City Attorney, it was moved by Councilwoman Frankiewich,
seconded by Mayor Roberrs and unanimously carried to place on the agenda at
this time as Item No. 22c a matter relating to a joint powers agreement between
the City of Cypress and the Cypress Recreation and Park District.
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August 27, 1973
City Council Minutes
The City Attorney presented a proposed Joint powers agreement which recommended
that the City and Recreation and Park District make Joint investments of monies
available in order to earn a higher rate of return then would otherwise he avail-
able to themy
It was moved by Councilman Lacayo and seconded by Councilman Kanel to approve the
Joint powers agreement between the City of Cypress and the Cypress Recreation and
Park District and to authorize the Mayor to sign and the City Clerkto attest to
his signature° 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 APPEAL OF CONDITIONAL USE PERMIT NO o 73-13: It was moved by
Councilman Kanel, seconded by Councilman Lacayo and unanimously carried to remove
this matter from the table~
The Mayor reviewed the status on the appeal of Zone Change #73-13 which proposed the
development of a liquor store/delicatessen at the northwest corner of Moody
Street and Orange Avenue in a CN Commercial Neighborhood Zone~
Councilwoman Frankiewich expressed that she had listened to a recording of the
portion ef the August 13, 1973 Council meeting during which this matter was con-
sidered and stated that she found no valid reason to deny this appeal° She
discussed the development in relation to the surrounding areas and felt that a
high-quality liquor store of this uype would not become a hangout for neighborhood
children°
Councilman Harvey stated that he questioned tne validity of this use at this
location, since he felt the development would be located on two dead-end streets
and would be in a residential area, across the street from the Cypress Elementary
School District Offices and near a park° He also noted that petitions opposing
this development had been submitted to the Council by several of the property
owners in the area°
Following further discuseion~ it was moved by Councilwoman Frankiewich and seconded
by Councilman Lacayo to approve Conditional Use Permit #73-13 subject to the
conditions of approval recommended by the Planning Director and the following
additional conditions;
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°
2o The freestanding sign shall be restricted to a maximum of 15 feet
in height and 50 square feet in area°
The motion carried by uhe following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEN:
2 COUNCILMEN:
0 COUNCILMEN:
Frankiewich~ Hanel and Lacayo
Harvey and Roberrs
None
EXECUTIVE SESSION:
The Mayor declared an Executive Session to discuss matters of personnel, The
City Council Minutes August 27, 1973
meeting was reconvened with all Councilmen present.
CONTINUATION OF CONSIDERATION OF COMMITTEE AND COMMISSION APPOINTM]~NTS: The
Mayor announced the following appointments to the various City Committees and
Commissions:
Committee or Commission
Appointee
Ter~Expires
Advisory Traffic Committee
Janice Lo Moss
William E. Davis
March 13, 1974
March 13, 1975
Arts & Cultural Commission
Roderick Bush
Gloria Livingston
July 24, 1976
July 24, 1977
Fly Abatement Board
Richard Fo Katz
Planning Commission
C. Bert Greenwood
August5, 1977
Recreation & Park Commission
L. Carl Du Bois
Christine Swain
May i0, 1977
May 10, 1977
It was moved by Councilman Fanel, seconded by Councilman Harvey and unanimously
carried to confirm the Mayor's appointments.
The Mayor asked that the staff prepare community service plaques for those people
not reappointed to a committee or commission in appreciation for their dedicated
service.
The Mayor announced that Item no. 14, Consideration of Salary Increases for Certain
Management Personnel, and Item no. 15, Consideration of Salary Survey - Administra-
tive Analyst, would be continued to the September 11, 1973 Council meeting so that
the necessary documents could be prepared by the staff~
ADJOURNMENT:
It was moved by Councilwoman Frankiewich, seconded by Councilman Fanel and unani-
mously carried to adjourn the meeting at 10:05 pomo to Tuesday, September 11, 1973,
at 4:00 p~mo
/
MAYOR 0~ T~E CITY 0~ CYPRESS
ATTEST:
cnY %F C TY OF cYmmss
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