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Minutes 73-10-09MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD October 9, 1973 The regular meeting of the Cypress City Council was called to order at 4:00 p.mo on Tuesday, October 9, 1973 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Henry Roberrs presiding. PRESENT: ABSENT: Mayor Roberrs Councilmen Frankiewich, Harvey, Fanel and Lacayo 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, Savord and Scbatzeder. RECESS: Due to a lack of a quorum, the Mayor recessed the meeting until 4:40 p.m. CALL TO ORDER: The meeting was called back to order at 4:43 p.m., Mayor Roberrs presiding. PRESENT: ABSENT: Councilmen Frankiewich, Fanel and Roberrs Councilmen Harvey and Lacayo Hearing no objections, the Mayor placed the following matters on the agenda at this time: Item No. la, Consideration of a request by the Cypress Jaytees for use of the Employees' Lounge; Item No. lb, Consideration of a Communication from Mr. Wayne Zartman; Item No. lc, Reconsidererich of Interim Teen Facility; and Item No. ld, Consideration of Assembly Bill No. 2207 regarding airportland use planning. CONSIDERATION 0F A REQUEST BY THE CYPRESS JAYCEES FOR USE OF THE tMPLOYEES' LOUNGE: The Mayor stated that the City had received a request from the Jaytees to use the Employees' Lounge for a formation meeting to be held October 11. It was moved by Mayor Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to authorize the use of the Employees' Lounge By the Cypress Jaytees for their meeting of October 11, 1973. CONSIDERATION OF A COMMUNICATION FROM MRo WAYNE ZARTMAN: Mayor Roberrs stated that this matter would be continued until the evening session since persons interested in this matter would be present at that time. RECONSIDERATION OF INTERIM TEEN FACILITy: The City Manager presented a report dated October 5, 1973 which indicated that the staff had reached an agreement with the owner of the Cypress Elementary School for use of a portion of the building as an interim teen facility. It was moved by Councilwoman Frankiewich and seconded by Councilman Fanel to authorize the City Attorney to draw up a lease agreement with Mr. Henry F. Davis, Founder-President of the Happiness Foundation, for the use of a portion of the Cypress Elementary School as an interim teen center as outlined in the report; initiate a modification to Conditional Use Permit No. 73-7 as approved by the Planning Commission; rescind authorization for City Council Minutes October 9, 1973 the purchase of the Game Time building; and appropriate $4,500~00 to Ac- count #01-4700~220. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Kanel and Roberrs None Harvey and Lacayo CONSIDERATION OF ASSEMBLY BILL NO~ 2207: The Mayor announced that con- sideration of this matter would be continued until the entire Council is presents CONSIDERATION OF AWARD OF CONTRACT FOR ROOT PRUNING: The City Manager presented a report from the Public Works Director dated October 4, 1973 regarding a proposal for a tree root pruning program for certain areas in the City. It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to approve the proposed program of root pruning and approve an award of contract to Jo Baumhoefner & Sons, Ltdo in the amount of $4,800.00 for root pruning six hundred (600) trees as described in the report. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Fanel and Roberrs None Harvey and Lacayo CONSENT CALENDAR: The Mayor announced that all matters listed on the agenda under "Consent Calendar" were tD be considered by the City Council as routine and enacted by one motion approving the recommendation on the Administrative Report relating to eachmattero The Mayor asked if any Councilman wished to remove an item from the Consent Calendaro No one wishing to do so, it was moved by Councilwoman Frankiewich, seconded by Councilman Kanel and unanimously oartied to sppreve Item Noso 3 through 5 on the Consent Calendazo Item No~ 3: Consideration of Proclamation Designating November as "Cypress Cultural Arts AsSociation Month." Recommendation: That the Mayor and City Council proclaim November as "Cypress Cultural Arts Association Month." Item Nor 4: Consideration of Communications Relating to Proposition 1, the Tax and Expenditure Limitations Initiative. Recommendation: Receive and fileo Item No~ 5: Consideration of Crescent Avenue Street Improvement Project #~03-10 - Acceptance cf Construction Improvements~ Recommendation: That the City Council accept the public street improvements on Crescent Avenue, Project #7203-10 as being satisfactorily completed and authorize the City Clerk to release the labor and materials bonds upon expiration of the ~equired lien period providing no liens have been filed, -2- City Council Minutes October 9, 1973 and to release the faithful performance bonds upon expiration of the one-year guarantee providing no defects in material or workmanship become evident, PUBLIC HEARING RE: ZONE CHANGE NO. 73-5: The Mayor stated that the Public Hearing was scheduled to be held at 8:00 p.m~ and would be continued until then° CONSIDERATION OF TEMPORARY TRANSFER OF FUNDS FROM THE CITY OF CYPRESS TO THE CYPRESS RECREATION AND PARK DISTRICT: The City Manager presented a report from the Finance Director dated OctOber 4, 1973 relating to the transfer of advance funds in the amount of $80,000°00 from the City'e Oeneral Fund to the Recreation and Park District General Fund° It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to adopt the following ResolUtion by title only, title as follows: RESOLUTION NO. 1398 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE IMPLEMENTATION OF A TEMPORARY TRANSFER OF FUNDS TO THE CYPRESS RECREATION AND PARK DISTRICT. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Fanel and Roherts NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Harvey and Lacayo It was further moved by Councilman Fanel and seconded by Councilwoman Frank- iewich to adopt .the following Resolution by title only, title as follows: RESOLUTION NO. 1399 A RESOLUTION OF =THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING A TEMPORARY TRANSFER OF FUNDS TO THE CYPRESS RECREATION AND PARK DISTRICT° The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Fanel and Roberrs NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN| Harvey and Lacayo CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR RELOCATING TREES ON THE WEST SIDE OF DENNI STREET SOUTH OF ORANGE AVENUE~ PROJECT #740~'10: The City Manager presented a report dated October 4, 1973 from the Public Works Director regarding a proposal to remove approximately 82 pine trees on the west side of Denni, south of Orange, te the new City park sites in order to allow for the ultimate construction of street improvements. Following brief discussion, it was moved by Councilwoman Frankiewich, seconded by Councilman Kanel and unanimously carried to receive and file the report regarding this matter~ -3- City Ceuncfi~Mi~utes October 9, 1973 CONSIDERATION OF PURCHASE OF THE PARCEL OF LAD LOCATED ON THE NORTHEAST CORNER OF DENNI STREET AN~ ORANGE AVENUE: The City Manager presented a report dated October 4, 1973 indicating that the City had reached an agreement with the property owner to purchase the parcel at the northeast corner of Denni and Orange Avenue. Following discussion regarding the removal or refilling ef the gas tanks on the property, it was moved hy Councilwoman Frankiewich, seconded by Councilman Fanel and unanimously carried that the City Manager be requested to ascertain the condition regarding the tanks, and if there is a consid- erable expense involved in their removal, that this matter he brought back to the Council~ It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to authorize the City Manager to enter into escrowwith the Unified Christian Fellowship for the acquisition of a parcel of property located on the northeast corner of Denni Street and Orange Avenue, as outlined in the report. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Fanel and Roberrs None HArvey and Lacayo CONSIDERATION OF REPORT ON ILLEGAL DUMPING: The City Manager presented a report dated October 3, 1973 regarding complaints received by the Police Department on illegal dumping within the City. It was moved by Councilwoman Frankiewich, seconded by Councilman Fanel and unanimously carried to receive and file the report on this matter. CONSIDERATION OF OVERNIGHT PARKING eF CAMPERS ON CITY STREETS: A report was presented by the City Manager dated October 4, 1973 regarding res- trictions on the overnight parking of campers. The report outlined the overnight parking policy of several Orange County cities. It was moved by Councilwoman Frankiewich, seconded by Councilman Fanel and unanimously carried to refer this matter hack to the Advisory Traffic Committee for further study and analysis with the provision that a report will be presented to the Council at its November 12 meeting. CONSIDERATION OF AUTHORIZATION TO INCREASE CONTRACT COST~ SLURRY SEAL PROJECT #7417-10: The City Manager presented a report dated October 2, 1973 from the Public Works Director regarding slurry seal project #7417-10. The report indicated that there was a difference in the total cost of the project and the bid received because of a discrepancy in the amount of slurry seal applied and the amount of the engineer's estimate, hut that the work was completed within the specifications. It was moved by Councilman Fanel that the Council authorize papant of $24,327°53 for the cost of work performed on City Project #7417-10. Following further discussion, it was moved by Councilman Fanel, seconded by Councilwoman Frankiewich and unanimously carried to withdraw the motion and table the matter until the end of the agenda. -4- City Council Minutes October 9, 1973 CONSIDERATION OFABAAI~NMENT eF A PORTION OF ASTeRMDRAIN EASEMENT ACROSS LOT N~. 1, TRACT N~. 8254: The City Manager presented a report from=he Pu ic Wet Director ated October 2, 1973 regarding the vacation of Lot #1 of Tract #8254. It was moved by Councilman Kanel and seconded by Councilwoman Franktewlch to adopt the following Resolution by title onlys title as fellows: RESOLUTION NO. 1400 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARINC ITS INTENTION Te ORDER THE VACATION OF STORM DRAIN EASEMENT LOCATED IN LOT N0. 1~ TRACT N0. 8254 AND ELECTING TO PPaCEED UNDEE THE PUBLIC SERVICE EASEMENT VACATION LAWS. The motion was unanimously carried by the followin~ relicall vote: AYES: NOES: ABSENT 3 COUNC IX,HEN: 0 COUNC ILMEN: 2 COUNCILMEN: Frankiewich, Kanel and Roberrs None Harvey and Lacayo CONSIDERATION eF A RESOLUTION APPOINTING MR. ROGER A, GRABLE AS THE DEPU~ CITY ATTORNEY eF THE CITY: The City Manager presented a report dated October 4, 1973 regardin8 adoption of a resolution appointing Mr. Roger Orable as the Deputy City Attorney. was moved by Councilman Fanel and seconded by Councilwoman Frankiewich adopt the followin~ Resolution by title only, title as follows: RESOLUTION N0. 1401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING THE DEPUTY CITY ATTORNEY OF THE CITY. The motion was unanimously carried by the followinS roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Fanel and RoherCs None Harvey and Lacayo CONSIDERATION OF ASSESSMENT FOR WEED AND RUBBISH ABATelENT OF SRASeNAL AND RECURRING WEEDSI PEASE I: The City Manager presented a report dated October 3, 1973 from the Public Works Director concerning assessments for weed and rubbish abatements Phase I. Following brief discussion regarding the cost of Phase I, it was moved by Ceuncilw~nan Frankiewich and seconded by Councilman Fanel te accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications. The me=ion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Fanel and Robarts None Harvey and Lacayo City Council Minutes October 9, 1973 It was further moved by Councilwoman Frankiewich and seconded by Councilman l~anel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1402 A RESOLUTDN OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF SEASONAL AND RECURRENT WEE~S GROWING UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY OF CYPRESS, AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. The metion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Kanel and Robarts None Harvey and Lacayo CONSIDERATION OF REPORT ON THE LEVANDER STUDY OF THE 568 ACRE PARCEL OF THE PROPERTY IN THE SOUTHERN P~RTION OF THE CITY: The Mayor announced that this matte~ would be continued until the evening session of the meeting. CONSIDERATION OF INCREASE OF BUDGET AUTHORIZATION FOR TRAFFIC SIGNAL MODIFI- CATION PPaJECT AT VALLEY VIEW AND BALL ROAD: The City Manager presented a report dated October 4, 1973 from the Finance Director regarding an additional appropriation of $8,144.00 for the traffic signal modification project at Valley View and Ball Read. It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to appropriate an additional $8,144.00 from the Capital Projects fund balance.to be applied te the Valley View and Ball Road Traffic Signal Modi- fication PreJ act. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOESI 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Hanel and Roberrs None Harvey and Lacayo CONSIDERATION OF PROPOSED RECLASSIFICATION - ASSISTANT CITY ENGINEER: The City Manager presented a report dated October 4, 1973 relatin8 to a proposed position reclassification from Assistant City Engineer to Civil Engineer. Following discussion, the Council recommended that this matter be given further consideration by the staff. It was moved by Councilman Kanel, seconded by Councilwoman Frankiewich and unanimously carried to continue this matter te the next regular Council meeting. CONSIDERATION OF THE NATIONAL ENDeleMENT FOR THE ARTS PROJECT: Mayor Roberrs stated that a presentation regarding this proJ oct would be made during the evening session. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRA/IT LIST FOR WARRANTS NO. 33184 - 33374: It was moved by Councilwoman Frankiewich and secondedby Councilman Hanel to approve the Commercial Warrant List for warrants no. 33184 through 33374 in the total amount of $1,310,525.71. The motion was unanimously City Council Minutes October 9, 1973 carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Fanel and Roberrs None Harvey and Lacayo CONTINUATION OF CONSIDERATION OF A RESOLUTION APPROVING THE OFFICIAL STATE- MENT FOR THE PARK BONDSc The City Manager presented a report dated October 4, 1973 regarding approval of the official statenent for the Cypress Recreation Park Bonds, It was moved by Councilman Fanel and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO, 33 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, APPROVINC THE OFFICIAL STATEMENT. The motion was unanimously carr. ied by the following roll call vote,' AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Fanel and Roberrs None Harvey and Lacayo CONSIDERATION OF SELECTION OF PAYING AGENTS FOR THE RECREATION AND PARK DISTRICT: The City Manager presented a report dated October 4, 1973 which surmnarized the bids received by Bartle Wells Associates for the paying agent service required for the 1973 park bonds. Following discussion regarding this matter, it was moved by Councilman Fanel and seconded by Councilwoman Frankiewich te select tha following paying agents for the perk bonds: Paying Agent, Bank of America N.T. and S.A., principal office Los Angeles,.California, Co-Paying Agent, First National City Bank, principaloffice New York, New York, and Co-Paying Agent, Continental Illinois National Bank and Trust Company, Chicago, Illinois. The motion was unanimously carried by the following roll call Vote: AYES: NOES: ABSENT: COUNCILMEN,' COUNCILMEN: COUNCILMEN: Frankiewich, Fanel and Roberrs None Harvey and Lacayo CONSIDERATION OF AGREEMENT BETWEEN THE CYPRESS RECREATION AND PARK DISTRICT AND THE COUNTY OF ORANGE FOR USE OF COUNTY REVENUE SHARING FUNDS: The City Manager presented a report dated October 4, 1973 regarding anagree- ment with the County for use of County revenue sharing funds for the purchase of the Oak Knoll Park site. The City Attorney indicated that the only substantive chang~ in the draft submitted was that the District had until December 31, rather than December 14, for the expenditure of funds. It was moved by Councilwoman Frankiewich and seconded by Councilman Fanel to approve the agreement between the Cypress Recreation and Park District -7- City Co~ Minutes October 9, 1973 and the County of Orange for the use of County revenue sharing funds for =he purchase of the Oak Knoll Park site from the Cypress Elementary School District~ The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Fanel and Roberrs None Harvey and Lacayo Councilwoman Frankiewich recommended that a letter of thanks be directed by the Council to the Board of Supervisors, thanking them for holding the funds for the City prior to the approval of the park bond issue° CONSIDERATION OF APPROVAL OF CYPRESS RECREATION AND PARK DISTRICT COMMERCIAL WARRANT LIST: Xt was moved by Councilman Kanel and seconded by Councilwoman Franktewich to approve the Cypress Recreation and Park District Commercial Warrant List for warrants rico 2624 through 2662 in the total amount of $25,971.26o The motion was unanimously carried by the following roll call veto: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN.~ Frankiewich, Fanel and Roberrs None Harvey and Lacayo SECON~ READING OF ORDINANCE APPROVING ZONING AMENDMENT #73-2: It was moved by Councilwoman Frankiewich, seconded by Councilman Fanel and unanimously carried te read the following Ordinance by title only, title as follows: ORDINANCE NO~ 518 AN ORDINANCE OF THE CXTY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 10ol, SUBSECTION B, ITEM NO~ 43 OF ZONING ORDINANCE N~o 497 TO ALLOW THE ON-SITE SALE OF BEER AND WINE IN RESTAURA/qTS IN THE CN COMMERCIAL NEIGHBORIt,D ZONE, SUBJECT TO THE GRANTING OF A CONDITIONAL USE PEP, biIT~ It was moved by Councilwoman Frankiewlch and seconded by Councilman Fanel to adopt Ordinance Noo 518~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: Frankiewich, RAnel and Reberts 0 COUNCILMEN: None 2 COUNCILMEN: Harvey and Lacayo SECON]) READING OF ORDINANCE ADOPTING THE UNIFORM CITY SALES AND USE TAX: It was moved by Councilwoman Frankiewich, seconded by Councilman RAnel and unanimously carried to read the following Ordinance hy title only, title as follows: ORDINANCE NO~ 519 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 VIOLATIONSo It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to adopt Ordinance Noo 519~ The motion was unanimously carried by the City Council ~inutos October 9, 1973 following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Kanel and Robarts None Harvey and Lacayo At the request of the City Manager, and hearing no objections, the Mayor placed on the agenda at this time a matter relating to the Policeman of the Year Banquet. Following discussion, it was moved by Councilmall ranel and seconded by Councilwoman Yrankiewich te authorize an ex~t~ture for any member of the City Council, department heads, chairmen of City commissions, and their guests, to attend the Policeman of the Year Banquet to be held October 12, 1973, and that a community plaque be prepared for presentation to the Policeman of the Year. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankievich, Kanel and Roberrs None Harvey and Lacayo Hearing no objections, the Mayor placed on the agenda as Item No. 15a a matter relating to the Chino Hills Airport proposal. RECESS: The Mayor declared the meeting recessed at6:05 p.m. until 7:30 p.m. in the Cypress City Council Chambers. CALL TO ORDER: The meeting of the Cypress City Council was called back to order at 7:38 p.m. in the Cypress City Council Chambers, Mayor Roberrs presiding. PRESENT: ABSENT: Councilmen Frankiewich, Harvey, Kanel, Lacayo and Robarts None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickeen, and the following members of the City Staff: Bryant, Chark~w, Dunlap, Hawley, Savord and Schatzeaer. PLEI~E OF ALLEGIANCE: Councilman Lacayo led the pledge to the flaS. ORAl, COMMUNICATIONS: Mayor Roberrs asked if anyone in the audience wished to address the Council re6arding any matter nor on the agenda. There was no one wishing to speak at this time. The Mayor requested that the City Manager review the actions taken by the Council during its afternoon session. -9- City C6a~cii Minutes October 9, 1973 MINUTES: It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and unanimously carried to approve the minutes of August 27, 1973. It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewtch and carried, Councilman Kanel abstaining, to approve the minutes of September 11 and 24, 1973. PRESENTATION OF SERVICE PINS TO CITY EMPLOYEES: The Mayer announced that at this time the Council had the pleasure of presenting service pins to employees who have served the City fcr five and ten years. Persons re- ceiving five year pins were Elmer Ka,m~l, Louis Tomkinson, Clifford Willlama, Rose Marie Rosenlof, Douglas Dunlap, Jozef Lens, Daryl Wicker, end Rsmen Peterson. Mr. Bob Odormatt received a pin for ten years of service. The Mayor and City Manager made the presentation to the employees who were present. CONSIDERATIQN OF COMMUNICATION FROM MR. WAYNE ZARTMAN: The City Manager presented areport dated October 5, 1973 regarding a communication received from Mr. Wayne Zartman concerning a possible public nuisance at 5732 Karen Avenue. The Mayor asked if anyone in the audience wished to speak in regard to this matter. Mr. Wayne Zartman, 5752 Karen Avenue, Cypress, California, stated a problem regarlding the property next door to him had existed for several years and that the neighbors had attempted but were unable to reach agreement with the property owner. He stated that the knee-high weeds and unkept appearance of the house prevented him ~rom selling his own and that the property owner was untooperative in makingany repairs. The Council discussed the status of the property and felt that, although the property presented an undesirable appearance, it was not to the extent of a public nuisance and the high weeds in the front yard did not present a fire hazard since they were watered and kept green. It was moved by Councilman Harvey and seconded by Coun~ilma~ Lacayo to direct the staff to continue its surveillance on this property to assure that there is no further de~erio~ation of the subject property and, if conditions do deteriorate, to immediately bring this matter back to the attention of the City Council. 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 Councilman Harvey inquired about property at 6752 Jonathan, Cypress, which was declared a public nuisance at the September 11 Council meeting. Mayor Roberrs noted that it was time to conduct the Public Hearing regarding Zone Change #73-5 which was scheduled for 8:00 p.m. and he declared the Public Hearing open. He asked that the Public Hearing be continued until after discussion of the property on Jonathan Avenue. -10- City Council Minutes October 9, 1973 It was moved by Councilman Lacayo, seconded by Councilwomen Frankiewich and unanimously carried to continue the Public Rearing regarding Zone Change #73-5 until later in the meeting. In regard to the property at 6752 Jonathan Avenue, the staff reported that at the end of the 30 day period in which the property owner must correct the conditions that constitute a public nuisance, the property would be inspected and if the conditions were not corrected, the City would obtain bids to have the work performed. Councilman Lacayo requested that the staff investigate and prepare a report for the next meeting on the matter concerning the meintenance of private property. He asked that the staff investigate means by which the City could impose conditions on tracts that are approved or adopt a retroactive ordinance which would prevent the abuse of private property. CONSIDERATION OF THE NATIONAL ENDOWMENT FOR THE ARTS PROJECT: The Mayor announced that Commissioner 'Joyce Ginns of the Cypress Arts and Cultural Commission would meke a presentation regarding this project. Commissioner Ginns explained the national endowment for the arts project and stated that it was a Joint community and college arts program con- sisting of seven events which were staged by Dr. Jacqueline Clifford and the Gloria Newman Dance Company, working in conjunction with community arts groups. Commissioner Ginns stated that the Commission was requesting funds up to $850.00 from the city, and would receive matching funds of $1,800.00 from Cypress College and the federal government. It was moved by Councilman Harvey and seconded by Councilman Lacayo to authorise up to $850~00 for funding of the proposed arts project. The motion was unanimously Carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Rarvey, Kanel, Lacaye and Roberrs None None PUBLIC HEARING RE: CONSIDERATION,OF ZONE CHANGE #73-5: The Mayor announced that this was the time and place for the Public Hearing to consider a proposal to fezone approximately 3/4 of an acre of land declared as surplus property by the Los Angeles County Flood Control District and located on the westerly side of Lots 40,41, 42, 43, 44, 47, 48, and 55 of Tract #4470 generally situated westerly of Acacia Street from the PS Public and Semi-Public Zone to the RU Residential Urban Single-family Zone, and known as Zone Change No. 73-5. The Mayor declared the Public Hearing open and asked that the staff present its report. The Planning Director presented a report dated October 6, 1973 indicating 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 the proposed zone change. The report transmitted a copy of Planning Staff Report PC#73-51 which the Planning Director reviewed. The Mayor asked if anyone in the audience wished to speak in favor ef the proposed zone change. There was no one wishing to speak in favor of the zone change~ -11- City Council Minutes October 9, 1973 The Mayor asked if anyone wished to speak in opposition to the proposed zone change. No one wished to be heard in opposition and the Public Hearing regarding Zone Change #73-5 was declared closed. It was moved by CouncilmAn Lacayo, seconded by Councilwoman Frankiewich and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ZONING ORDINANCE NO~ 487 BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM PS PUBLIC AND SEMI-PUBLIC ZONE TO RU RESIDENTIAL URBAN ZONE AND KNOWN AS ZONE CHANCE NO. 73-5. 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: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Lacayo and Roberrs None None CONSIDERATION OF ASSEMBLY BILL NO~ 2207: The Mayor announced that this bill would be considered in an Executive Session. EXECUTIVE SESSION: It was moved by Mayor Roberrs, seconded by Councilman Lacayo and unanimously carried to go into an Executive Session at 8:19 p.mo to discuss a matter of litigation~ The meeting was reconvened at 8:24 pom. with all Councilmen present. It was moved by Councilman Lacayo, seconded by Mayor Roberrs and unanimously carried to receive and f~le the report regarding Assembly Bill No. 2207, which relates to airportiland use planning. CONSIDERATION OF CHINO HILLS AIRPORT PROPOSAL: The Mayor announced that the matter regarding development of the Chine Hills Airport w~uld be con- sidered at the League of California Cities meeting held October 11 and he recommended that the Council state its position since this matter would be voted on at the League meeting. Following discussion regarding the advantages and disadvantages of develop- ment of the proposed Chine Hills Airport, it was moved by Councilman Lacayo and seconded by Councilman Harvey that the City Council take a position as being opposed to the airport's development. Following further discussion, it was moved by Councilwoman Frankiewich to oppose the motion on the floor. The motion died for lack of a second. The original motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Lacayo and Roberrs Frankiewich None -12- City Council Minutes October 9, 1973 At the request of Councilman Harvey, the Mayor placed on the egenda at this time matters of citizen interest. Councilman Harvey reported that he had recently stranded a mactin8 of the Cypress Senior Citizens Organization during which discussion was held on the following subjects: the Cltyws street ewesping schedule, the overnight parking of vehicles on City streets, the bus schedule of the Orange County Transit District, and a possible public nuisance on Sandy Street, Councilman Harvey stated that he had been requested to bring these matters to the atten- tion of the staff. EXECUTIVE SESSION: The Mayor declared an Executive Session at 8:46 p.m. to discuss a matter regarding City Council personnel. The meeting was reconvened at 9:30 p.m, with all CounCilmen present. CONSIDERATION OF REPORT ON THE LEVANDER STUDY OF THE 568 ACRE PARCEL OF THE PkOPERTY IN THE SOUTHERN PORTION OF THE CITY: The City Manager presented e report dated October 4, 1973 regarding the economic study submitted by Levander, Partridge and Company, Inc. on the large parcel of property in the southern portion of the City. Councilwoman Frankiewich reported that recently adopted Assembly Bill No, 2207 permitted airport land use commissions to include the area surrounding federal military airports within their planning Jurisdiction and to formulate a land use plan that provides for the erder. ly development of the airport and the surrounding area. Councilwoman F~ankiewich stated that since the Los Alamitos Naval Air Station is loca~e~; in close proximity to the Harvey property, the Airport Land Use'CoMmission would have some control over development of the property...-. The Council discussed the report and also possible development controls and the extent of authority of the Airport Land Use Commission on properties within its Jurisdiction. It was moved by Councilman Lacayo and seconded by Councilman Kanel to authorize the City Manager to communicate with the major property owner suggesting that a Master Plan be developed in cooperation with the City Administrative Coor- dinating Team, as outlined in the report and that, upon completion, the plan be submitted for official City-action through the Planning Commission and City Council. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Marvey, Fanel, Lacayo and Roberts Frankiewich None It Was moved by Mayor Roberts and seconded by Councilwoman Frankiewich to request the staff to present, at the next Council meeting, the ordinances for the Irvine industrial complex and the ordinances for other industrial and commercial complexes in the west Orange County area as to their controls and conditional use permits for their developments in order to provide for an effective development in the City of Cypress. The motion was unanimously City Council Minutes October 9, 1973 carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Lacayo and Roberrs None None Mrs. Joyce Owens, 5823 Holmby Court, Cypress, California, addressed the Council in regard to development of the Harvey property. RECESS: The Mayor declared a brief recess at 11:04 p.m. The meeting was called back to order at 11:15 p.m. with all Councilmen present. CONSIDERATION OF AUTHORIZATION TO INCREASE CONTRACT COSTI SLUREY SEAL PROJECT #7417-19 (Continued): It was moved by Mayor Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to remove this matter from the table. EXECUTIVE SESSION: Following discussion concerning the project and whether the City would pay the total or a portion of the cost, the Mayor declared an Executive Session at ll:30.p.m. to discuss this matter. The meeting was reconvened at 12:11 a.m. with all Councilmen present. It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and unanimously carried to continue the matter regarding slurry seal proJect #7417-10 to the next regular Council meeting. ORAL COMMUNICATIONS: There was no one wishing to address the Council at this time. ADJOURNMENT: It was moved by CounciLman Lacayo, seconded by Councilwoman Frankiewich and unanimously carried to adjourn the meeting at 12:16 a.m. ·" F CYPRESS 0 ATTEST: CITY~CLERKDF THE CITY OF CYPRESS -14-