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Minutes 73-09-24MXNUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 24, 1973 The regular meeting of the Cypress City Council was called to order at 4:00 p.m~ on Monday, September 24, 1973 in the Cypress City Council Chambers, 5275 Orange, Cypress, California, Mayor Roberrs presiding. PRESENT: ABSENT: Councilmen Lacayo and Roberrs Councilmen Frankiewich, Harvey and Kanel RECESS: Due ~o a lack of a quorum, Mayor Roberrs recessed the meeting until 4:19 p.m. CALL TO ORDER: The meeting was called back to order at 4:19 p.m., Mayor Roberts presiding. PRESENT: ABSENT: Councilmen Harvey, Lacayo and Roberrs Councilmen Frankiewich and Kanel Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and the following members of the City Staff: Bryant, Charkow, Dunlap, Hawley, Schatzeder, and Shumard~ MINUTES: Mayor Roberrs announced that consideration of the minutes of August 27 and September 11, 1973 would be continued to the next regular Council meeting. CONSIDERATION OF AWARD OF CONTRACT AND APPROPRIATION FOR BLOCK WALL REPAIR: The City Manager presented a report from the Public Works Director dated September 20, 1973 regarding the repair of three block walls in the City. It was moved by Councilman Lacayo and seconded by Councilman Harvey to approve the award of contract to R~ H. Tremblay for block wall repair work in the total amount of $1,037o00 as outlined in the report and to appropriate $1,037.00 to Account #11-4521-359 from the General Fund Balance. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Lacayo and Roberrs None Frankiewich and Kanel 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 appreving the recommendation on the Administrative Report con- cerning each matter. The Mayor asked if any Councilman wished to add or remove an item from the Consent Calendar~ No Councilman wishing to do so, it was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to approve Item Noa. 1 - 3 on the Consent Calendar~ · : ?~, City Council Minutes September 24, 1973 Item No. 1: Consideration of Proclamation of Orange County Economic Develop- ment Day. Recommendation: That the Mayor and City Council proclaim October 11, 1973 as "Orange County Economic Development Day." Item No. 2: Consideration of Request for Exemption from Special Permit for the Camp Fire Girls, Orange County Council, Inc. Recommendation: That the City Council grant the request of the Camp Fire Girls, Orange County Council, Inc. to conduct a candy sale in the City of Cypress from January 17, 1974 through February 4, 1974, and that they be granted an exemption from a special permit pursuant to Section 15-57 A (1)(b) of the City Code as outlined above. Item No. 3: Consideration of an Application for a Private Patrol Permit - Boudreau Security Service, 11071 Dudley Way, Stanton, California. Recommendation: That the City Council grant the permit as requested by Boudreau Security Service. The Mayor announced that the Public Hearing regarding Zoning Amendment #73-2 was scheduled to be held at 8:00 p.m. and would be continued until that time. CONSIDERATION OF CITY OF CYPRESS LIGHTING DISTRICT #2 - AD VALOREM ASSESSMENT FOR CALENDAR YEAR 1975: The City Manager presented a report dated September 17, 1973 from the Public Works Director regarding the levying and collecting of assessments on an Ad Valorem basis for Cypress Lighting District #2. It was moved by Councilman Harvey and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE A MAP, PLANS, SPECIFICATIONS, ESTIMATE AND PRELIMINARY REPORT, PURSUANT TO THE PROVISIONS OF DIVISION 14, PART I, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET LIGHTING ACT OF 1919", FOR THE INSTALLATION OF, THE FURNISHING OF ELECTRIC CURRENT FOR AND THE MAINTENANCE OF A STREET LIGHTING SYSTEM IN SAID CITY FOR A PERIOD OF SEVEN (7) YEARS, BEGINNING JANUARY 1, 1975, AND ENDING JANUARY 1, 1982. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Lacayo and Roberts None Frankiewich and Kanel CONSIDERATION OF PARTICIPATION AT THE ANNUAL CONGRESS OF CITIES: Following a brief discussion by the Council the Mayor announced that this matter would be continued to the next regular Council meeting. -2- City Council Minutes September 24, 1973 CONSIDERATION OF A REQUEST FROM THE CITY OF PETALUMA FOR FINANCIAL ASSISTANCE FOR LITIGATION INVOLVING RESIDENTIAL DEVELOPMENT CONTROL POLICY: The City Manager presented a report dated September 20, 1973 concerning a request from the City of Petaluma for financial assistance for legal fees in a litigation matter involving a residential growth control policy. Following discussion by the Council on its position regarding this matter, the Mayor stated that it would be considered in an Executive Session. COUNCILWOMAN FRANKIEWICH ARRIVED AT 4:40 P.M. CONSIDERATION OF ADOPTION OF THE UNIFORM CITY SALES AND USE TAX ORDINANCE AND APPROVAL OF AGREEMENT FOR STATE ADMINISTRATION: A report was presented by the City Manager dated September 19, 1973 regarding adoption of an ordinance imposing a sales and use tax to be administered by the State Board of Equali- zation and approval of an agreement providing for the State administration. It was moved by Councilman Harvey, 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 IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AND PROVIDING PENALTIES FOR VIOLATIONS. It was moved by Councilman Lacayo 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 Reberts None Manel It was further moved by Councilman Harvey and seconded by Councilman Lacayo to approve the agreement between the City and the State Board of Equaliza- tion providing for State administration of the State and local use tax and authorizing the Mayor to sign and the City Clerk to attest the subject a~reement. 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 Manel CONSIDERATION OF APPROVAL OF PLANS A/~ SPECIFICATIONSPREPARED BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT FOR THE JONATHAN STORM CHANNEL AND THE KI~TT/ CERRITOS STORM DRAIN: The City Manager presented a report dated September 20, 1973 from the Public Works Director regarding approval ef the plans and specifications for the Jonathan Storm Channel and the Knott/Cerritos Storm Drain. The Council discussed the proJ oct and Councilman Harvey inquired about the extent of inconvenience which would be caused te the property owners, City Council Minutes September 24, 1973 The Public Works Director reported that there would be some inconvenience during construction of the trench in the frontage road and property owners would not have full use of the street and curbside parking would be pro- hibited. He stated that access to driveways would be maintained. It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to approve the plans and specifications for the Knott/Cerritos storm drain and the Jonathan Storm Channel as described in the report. 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: It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo to approve the Commercial Warrant List for Warrants No. 33104 through 33239 in the total amount of $1,929,999.24. 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 RESOLUTION PROVIDING FOR THE ISSUANCE OF BONDS: The City Manager presented a report dated September 19, 1973 regarding adoption of a resolution providing for the sale of the 1973 park bonds. It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 31 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, PROVIDING FOR THE ISSUANCE OF 1973 BONDS OF SAID DISTRICT IN THE AMOUNT OF $2,750,000~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberts None Kanel CONSIDERATION OF A RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE INVITING SEALED PROPOSALS FOR THE SALE OF THE PARK BONDS: The City Manager presented a report dated September 19, 1973 concerning adoption of a resolution authorizing the publication of the notice inviting sealed proposals for the sale of 1973 park bonds. It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follow: -4- City Coun~ii Minutes September 24, 1973 RESOLUTION NOc 32 A RESOLUTION OE 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, DIRECTING THE SECRETARY TO PUBLISH NOTICE INVITING SEALED PROPOSALS FOR BONDS OF SAID DISTRICT. The motion was unanimously carried Dy the ic. ilowing roll call vote: AYES: 4 COONCiLMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Franklewizh, Harvey, Lacayo and Roberts None Kanel CONSIDERATION OF A RESOLUTION APPROVING IHE OFFICIAL STATEMENT FOR THE PARK BONDS: The City Manage~ p~esented a zeport dated September 19, 1973 regarding adoption o~ a resolution approving the official statement for the sale of bonds from the 1973 Park Bond issue The C~ty Manager stated that nhe oK~ic~ai statement had not been printed as yet and the Council may w~sn to continue this matter until it has had a chance to review the statement- It was moved b~ CDuncilman Harvey, seconded by Councilman Lacayo and unani- mously carried to csnt~nue considers=ion of the resolution until the regular Council meeting of Oj~oDer 9, 1973 CONSIDERAFION OF RE~ESI BY THE CYPRESS KEHLETIC BOOSTER CLUB FOR THE CONSTRUCTION OF A COMBINED WEIGHT AND PHYSICAL FITNESS ROOM AT CYPRESS HIGH SCHOOL: Ihe City Manage~ s~a~ed that a ~epresentative from the Booster Club would be p~esen~ to discuss this matter during the evening session of the meeting CONSIDERATION OF APPROVAL OF CYPRESS RECREATION AND PARK DISTRICT COMMERCIAL WARRANT LIST; it was moved by Ccunciiwoman Fzankiewich and seconded by Councilman Labaye [s appr~'e the Cypress Recreation and Park DistriCt Commercial Warrant L~st ~or Warrants No~ 2587 ~hrough 2623 an the total amount of $30,689.83~ The motion was ~nan~nously ~ar~ied by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberts None Kanei SECOND READING OF ORDINANCE RE: DISPLAY OF CERTAIN MATTER TO MINORS: The Mayor announced that chis ma~[er would be considered in an Executive Session with a representative oI ~ne D~$~rlct Attorney's officel The Mayor announced zna[ a p~esentation would be made at this time by representsc%ves oz the O~ange County Mental Health Department. Dro James Minoz and Ma~e~ine Woo, o£ ~ne O~ange County Mental Health Depart- ment, made a presentation ~o the Council on the Depattment's program. They discussed with the Council the services provided by the Department and the types of p~oblems Which ~he clinics handle. -5- City Council Minutes September 24, 1973 Hearing no objections, the Mayor placed on the agenda at this time a matter relating to the location of the teen center facility. Ne reported that since the Council had approved locating the interim teen facility at Oak Knoll Park, the staff had been meeting with the Recreation and Park Director and repre- sentatives of the landscape architect for the park bond program to consider other locations for the teen program. The staff was requesting authorization to proceed with negotiations with the owners of Cypress School to determine the possibility of an agreement with the City to utilize a portion of the school. It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to authorize the staff to pursue the best and most equitable solution regarding the location of the interim teen facility. The motion was unani- mously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberrs None Kanel EXECUTIVE SESSION: The Mayor declared an Executive Session at 5:22 p.m. to discuss matters of litigation and Personnel. The meeting was reconvened at 5:45 p.m. with the following Councilmen present: PRESENT: ABSENT: Councilmen Frankiewich, Narvey, Lacayo and Roberrs Councilman Kanel CONSIDERATION OF A REQUEST FROM THE CITY OF PETALUMA FOR FINANCIAL ASSISTANCE FOR LITIGATION INVOLVING RESIDENTIAL DEVELOPMENT CONTROL POLICY: It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to receive and file this matter. SECOND READING OF ORDINANCE RE: DISPLAY OF CERTAIN MATTER TO MINORS: It was moved by Councilwoman Frankiewich, seconded By Councilman Lacayo and unanimously carried to receive and file this matter. RECESS: Mayor Roberrs recessed the meeting at 6:00 p.m. until 7:30 p.m. in the Cypress City Council Chambers. CALL TO ORDER: The meeting was called back to order at 7:50 p.m. in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Roberrs presiding. PRESENT: Councilmen Frankiewich, Harvey, Lacayo and Roberrs ABSENT: Councilman Kanel 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, Schatzeder, and Shumard. -6- City Council Minutes September 24, 1973 PLEDGE OF ALLEGIANCE: The City Manager led the pledge to the flag. At the Mayor's request, the City Manager reviewed the actions of the City Council during their afternoon session. ORAL COMMUNICATIONS: The Mayor asked if anyone in the audience wished to address the Council regarding any matter not on the agenda. Mr. Joe Hardcastle, 4588 Blanca, Cypress, California, discussed the City's street sweeping policy and stated he was not in favor of the streets being swept during the early morning hours since this caused a disturbance to persons sleeping. He added that during the early morning, cars were usually parked on the street preventing it from being entirely cleaned. Re asked that other hours be scheduled so that the sweeping is done during working hours. The Mayor directed the staff to investigate the matter regarding a rescheduling of the street sweeping hourso CONSIDERATION OF PARTICIPATION AT THE ANNUAL CONGRESS OF CITIES: The Mayor announced that Councilman Harvey had recently been elected President of the Orange County Division of the League of California Cities and that the City Council was considering sending a delegate to the Annual Congress of Cities, which is sponsored by the National League of Cities. The Mayor noted that representatives from most cities in the country would be attending and recommended that it would be appropriate that Councilman Harvey, as president, be named the City's delegate. It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo that Councilman Harvey be named the delegate to the Annual Congress of Cities, to be held Decenber 2 - 6, 1973. The motion carried by the following roll call vote: A~ES: 3 COUNCILMEN: Frankiewich, Lacayo and Roberrs N~ES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Fanel ABSTAINING: 1 COUNCILMEN: Harvey PUBLIC REARING RE: CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE TO PERMIT THE ON-SALE OF BEER AND WINE IN RESTAURANTS IN THE CN (COMMERCIAL NEIGHBORHOOD ZOME)~ UNDER A CONDITIONAL USE PERMITT KNOWN AS ZONING AMENDMENT #73-2: The Mayor announced that this was the time and place to consider the above amendment to the Zoning Ordinance. He declared the Public Hearing open and asked that the staff present its report° The Planning Director presented a report dated September 19, 1973 which indi- cated that the Affidavits of publication and posting are on file in the office of the City Clerk, and no communications were received in regard to this matter. The report transmitted a copy of Planning Staff Report PC#73-49, which the Planning Director reviewed. Re also outlined the existing CN Zones within the City. -7- City Council Minutes September 24, 1973 The Council briefly discussed the types of restrictions they would recommend for restaurants selling beer and wine in the CO Zone, and the Planning Director indicated that restrictions would be placed at the time of approval of the individual conditional use permits. The Mayor asked if anyone wished to speak in favor of the proposed amendment. Mr. Anthony Catalfino, 5111 Ball Road, Cypress, California, spoke in favor of the amendment and stated its approval would be beneficial to his restaurant. The Mayor asked if anyone wished to speak in opposition to the amendment. There was no one wishing to speak in opposition and the Mayor declared the Public Hearing closedo It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and unanimously carried to read the following Ordinance by title only, title as fellows: ORDINANCE NO~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 10ol, SUBSECTION B, ITEM NO. 43 OF ZONING ONDZNANCE NOo 497 TO ALLOW THE ON-SITE SALE OF BEER AND WINE IN RESTAURANTS IN THE CN COMMERCIAL NEIGHBORHOOD ZONE, SUBJECT TO THE GRANTING OF A CONDITIONAL USE PERMIT. It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo te 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 Rsberts None Kanel CONSIDERATION OF REQUEST BY THE CYPRESS ATHLETIC BOOSTER CLUB FOR THE CONSTRUCTION OF A COMBINED WEIGHT AND PHYSICAL FITNESS ROOM AT CYPRESS HIGH SCHOOL: The City Manager presented a report dated September 20, 1973 relating to a request by the Booster Club for City funding for a weight and physical fitness room at Cypress High School. Mr. Dick Rennet, 5851 Roxbury Court, Cypress, California, President ef the Booster Club, addressed the Council and discussed funding and use of the facility. He stated that the public would be able to use the room on weekends, evenings, and during the summero The Council recommended that the staff investigate the possibility of funding from the High School District, and that it review this prsJect in light of the park bond program, It was moved by Councilman Harvey and seconded by Councilman Lacayo that the staff investigate the possibility of a Joint powers agreement between the City and High School District for construction of the weight room. The City Council Minutes 477 September 24, 1973 m~tion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberrs None Fanel At the request of Councilwoman Frankiewich, the Mayor placed on the agenda at this time a matter relating to the traffic signal at the intersection ef Valley View and Ball Road. The Mayor requested that the staff correct the problem of signalization at the intersection. He noted that there were left turn pockets but no left turn arrow or signs prohibiting a U-turn. Councilman Harvey reported that a problem existed on the south side of Ball, Just east of the corner of Valley View~ where parents were dropping off high school students for school. The Council asked that the staff study the matter and recommended a red zone for this area. It was m~ved by Councilwoman Frankiewich, seconded by Councilman Leeaye and unanimously carried to place on the agenda at this time a matter regarding dumping on vacant lets in the City. Councilwoman Frankiewich stated that she had requested a study be madeby the Police Department on the problem of dumping on vacant property and asked that the report be made at the next regular Council meeting. It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unanimously carried that the staff research the problem of dumping on vacant sites within the City and prepare a report for the next regular meeting. At the request of Councilwoman Frankiewich, the Mayor placed on the ageride at this time a matter relating to the overnight parking of campers on City streets. Councilwoman Frankiewich asked that the staff study the problem caused by the overnight parking of campers on City streets and asked that a report be prepared for the next regular Council meeting. She also asked that the Advisory Traffic Committee study the City's street sweeping policy and give consideration to the posting of streets and limiting sweeping to certain hours. At the request of Councilwoman Frankiewich, the Mayor placed on the agenda at this time a matter concerning a special audit committee. Councilwoman Frankiewich recommended that a special committee be appointed to meet with the new City auditor to discuss the scope of their work, and that the committee be composed of the City Manager, Finance Director, and Councilmen Frankiewich and Roberrs. Hearing no objections, the Mayor appointed the above Council and staff members to the special audit committee to meet with the City auditor. Hearins no objections, the Mayor placed on the agenda at this time a matter relating to the special committee to study the large property at the south end of the City. -9- City ~cuncil Minutes September 24, 1973 EEUTIVE SESSION: The Mayor declared an Executive Session at 8:53 p.m. to discuss matters of personnel~ The meeting was reconvened at 9:29 p.m. with the following Councilmen in attendance: PRESENT: ABSENT: Councilmen Frankiewich, Harvey, Lacayo and Roberrs Councilman Kanel The Mayor stated that with regard to the committee formed to evaluate the undeveloped property at the south end of the City, the property owner, a member of this committee, had not artended the three meetings which were held to study the property. He stated it was his recommendation that the committee be dismissed° It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and unanimously carried to dismiss the committee which was appointed at the September 11 Council meeting to study the undeveloped property at the south end of the City. The Mayor noted that the staff had received a considerable amount of information regarding this property both from the economic analysis submitted by the consultant and from other sources, and he requested that the staff evaluate this information and prepare a report for the next regular Council meeting. It was moved by Councilman Harvey, seconded by Councilwoman Frankiewich and unanimously carried that a study of this property be undertaken by the staff and a report submitted at the next regular Council meeting. ORAL COMMUNICATIONS: Mayor Roberrs inquired if anyone wished to speak on any matter not on the a~endao Mr. Joe Hardcastle, 4588 Blanca, Cypress, California, addressed the Council in regard to the temperature of the Council Chambers. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and unanimously carried to adjourn the meeting at 9:35 p.m. to Tuesday, 0cteber 9, 1973 at 4:00 p.m. ATTEST: OF CYPRESS ' CIn/O Cyp 'ZSS