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HomeMy WebLinkAboutMinutes 73-11-26MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 26, 1973 The regular meeting of the Cypress City Council was called to order at 4:10 p.m. on Monday, November 26, 1973 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Roberrs presiding. PRESENT: ABSENT: Councilmen Frankiewich, Harvey, Lacayo and Roberrs Councilntmn 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, Nudson, Savord and Schatzeder. EXECUTIVE SESSION: Mayor Roberrs declared an Executive Session at 4:12 p.m. to discuss a matter of personnel. The meeting was called back to order at 4:43 p.m. with the following Councilmen in attendance: PRESENT: ABSENT: Councilmen Frankiewich, Harvey, Lacayo and Roberts Councilman Kanel MINUTES: The Mayor announced that consideration of the minutes would be continued until all Councilmen are present. CONSIDERATION OF AWARD OF CONTRACT - CERRITOS AVENUE & HOLDER STREET IMPROVFiMENTS~ PROJECT #7302-10-0642: The City Manager presented a report from the Public Works Director dated November 17, 1973 which indicated that seven bids were received for the Cerritos Avenue and Holder Street street improvement proJect. It Was moved by Councilwoman Frankiewich and seconded by Councilman Harvey to determine that Trascon is the lowest responsible bidder and award the contract for the construction of the intersectiomof Cerritos Avenue and Holder Street improvements, Project #7302-10-0642, to Tzascon, 3841 Catalina Street, Suite "B", Los Alamitos, California, per their proposal dated November 20, 1973 in the amount of $40,546.00. 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 CONSIDERATION OF AWARD OF CQNT~ACT To PURCHaSE TWO TRIPLEX LAWN MOWERS - REQUEST FOR QUOTATION #7374-11 (CYPRESS RECREATION AND PARK DISTRICT): ~he City Manager presented a report from the Recreation and Park Director dated November 20, 1973 indicating that two bids were received for the purchase of two triplex laWn mowers. It was moved by Councilman Harvey and seconded by Councilman Lacayo to accept Request for Quotation #7374-11 and award the contract to purchase two Toro triplex lawn mowers to Toro Pacific Distributing Company, 16212 South Broadway, Gardens, California. The motion was unanimously carried by the following roll City Council Minutes November 26, 1973 call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewlch, Harvey, Lacayo and Roberrs None Fanel Mayor Roberrs requested that the staff prepare a report for the second Council meeting in December on the advantages of the City staff performing maintenance work on City vehicles and having a mechanic as a member of the staff. CONSENT CALENDAR: The Mayor announced that all matters listed on the agenda under "Consent Calendar" were to be considered by the City 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 remove an item from the Consent Calendar. There was no one wishing to do so. It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and unanimously carried to approve Item Nos. 3 through 7 on the Consent Calendar. Item No. 3: Consideration of Construction of Curb, Gutter, Sidewalk and Curb and Gutter Repairs - Project #7303-10. Recommendation: That the City Council accept the curb and gutter repair improve- ments at various locations, proJ oct #7303-10, as being satisfactorily completed and authorize the City Clerk to release the labor and material bonds upon e~pir- ation of the required lien period, providing no liens have been filed, and to release the faithful performance bonds upon expiration of one year guarantee, providing no defects in material or workmanship become evident. Item No. 4: Consideration of Orange Avenue Street Improvements, ProJect #7201'10- Acceptance of Construction Improvements. Recommendation: That the City Council accept the public street improvements on Orange Avenue, Project #7201-10, as being satisfactorily completed and authorize the City Clerk to release the labor and material bonds upon expiration of the required lien period, providing no liens have been filed, and to release the faithful performance bonds upon expiration of one year guarantee, providing no defects in material or workmanship become evident. Item No. 5: Consideration of Valley View Street Improvement Project #7401-10- Acceptance of Construction Improvements. Recommendation: That the City Council accept the public street improvements on Valley View Street, Project #7401-10, as being satisfactorily completed and authorize the City Clerk to release the labor and materials bonds upon expiration of the required lien period providing no liens have been filed, and to release the faithful performance bonds upon expiration of one year guarantee, providing no defects in material or workmanship become evident. Item No. 6: Consideration of a Resolution of the City Council of the City of Villa Park Supporting More Stringent Enforcement of Motor Vehicle Noise Laws. Recommendation: Receive and file. Item No. 7: Consideration of a Resolution of the City of San Juan Capistrano Urging the Orange County Board of Supervisors to Maintain a Comprehensive, Coordinated and Effective County Planning Department. -2- City Council Minutes November 26, 1973 Recommendation: Receive and file. Councilwoman Frankiewich inquired if an additional appropriation was necessary for Project #7201-10, Orange Avenue improvements, since the total construction cost was in excess of the authorized contract cost by $169.89. The City Manager advised that an additional appropriation was necessary. It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo to authorize an appropriation in the amount of $169.89 from the fund balance of the General Fund to cover the additional cost of the contract for ProJect #7201-10, Orange Avenue street improvements. 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 the two public hearings scheduled for 8:00 p.m. would be continued until that time. CONTINUATION OF CONSIDERATION OF PURCHASE OF VEHICLES FROM THE STATE OF CALIFORNIA FOR USE AS POOL CARS: The City Manager presented a report dated November 19, 1973 from the Finance Director indicating that, pursuant to the Council's request, a six-cylinder engine compact car was selected to be used as the pool vehicles. It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo to authorize the transfer of $2220.00 from account 11-4220-364 to account 11-4350-696 and appropriate $1400.00 from the fund balance of the General Fund to account 11-4350-696 for the purchase of two compact size "pool cars". 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 CONTINUATION OF CONSIDERATION OF SELECTION OF APPOINTMENT TO THE ORANGE COUNTY SENIOR CITIZENS' ADVISORY COUNCIL: The City Manager presented a report dated November 21, 1973 regarding selection of nominees to the Senior Citizens' Council. Councilwoman Frankiewich stated that she had spoken to Mr. Otto Sinn, selected as the representive, who recommaended Mr. Peter Lathins as the alternate to the Council~ Mayor Roberrs thereupon nominated Mr. Lathins as the alternate. It was moved by Councilman Lecayo, seconded by Councilwoman Frankiewich and unani- mously carried to approve the Mayor's nomination of Mr. Lachina to the Orange County Senior Citizens' Advisory Council. CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONUS FOR TRACT #7593: The City Manager presented a report from the Public Works Director dated November 16, 1973 regarding Tract #7593. It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to accept the public improvements in Tract #7593 as being satisfactorily completed in accordance with plans and specifications except as noted in the report. The -3- City Council Minutes November 26, 1973 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 Hanel It was moved by Councilman Lacayo and seconded by Councilman Harvey to authorize the reduction in performance bond to $21,000.00. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiawich, Harvey, Lacayo and Roberrs None Hanel It was moved by Councilman Lacayo and seconded by Councilman Harvey to 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 of the improvements of Orangewood Avenue to guarantee against any defects in material or workmanship. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberrs None Hanel CONSIDERATION OF PLOT PLAN~ FLOOR PLAN AND ELEVATIONS FOR PUBLIC WORKS AND PARK DISTRICT MAINTENANCE YARD: The City Manager presented a report from the Public Works Director dated November 16, 1973 regarding the Public Works and Park District Maintenance Yard. The Public Works Director reviewed in detail the plot plan of the yard, the floor plan and elevations of the building proposed to be located on the site, and several of the conditions recommended by the staff. Following consideration of the plans, it was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to approve the plot plan, floor plan, and elevations for the Public Works and Park District Maintenance Yard. 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 Kanal The Mayor noted that there were persons present with an interest in Item No. 20, and hearing no objections, he stated this item would be considered at this time. CONSIDERATION OF THE CITY COUNCIL RECOGNIZING THE CALIFORNIA CAVALRY YOUTH BAND AS A CYPRESS YOUTH BAND: A report was presented by the City Manager dated November 20, 1973 concerning a request for City recognition of the California Cavalry Youth Band. Mr. Russ Campbell, the band director, addressed the Council and stated that about 100 children were members of the band, which has been in existence for three and a half years, and that they were anxious to identify the band with the City of Cypress. -4- City Council Minutes November 26, 1973 It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to officially recognize the California Cavalry Youth Band and authorize the use of the City of Cypress flag. 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 Councilman Harvey requested that Item No. 14, regarding a proposal for mechanical and electrical engineering services for the maintenance yard building, be continued until the evening portion of the meeting. CONSIDERATION OF PRELIMINARY ENGINEERING REPORT FOR WESTSIDE RELIEF INTERCEPTOR SEWER: The City Manager presented a report from the Public Works Director dated November 20, 1973 regarding the report from the Orange County Sanitation District Not 3 and a request by the City for an additional sub-trunk in Katella Avenue. It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to authorize the City Manager to formally request Orange County Sanitation District #3 to include a sub-trunk in Katella Avenue from Bloomfield to Walker Street and authorize transmittel of additional comments by the staff. 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 Councilman Harvey requested that Item No. 14 be considered at this time. CONSIDERATION OF AUTHORIZATION TO OBTAIN PROPOSAL TO FURNISH MECHANICAL AND ELECTRICAL ENGINEERING SERVICES FOR MAINTENANCE YARD BUILDING: The City Manager presented a report dated November 20, 1973 from the Public Works Director in regard to a request to solicit proposals from mechanical and electrical engin- eering consultants to prepare electrical and mechanical working drawings for the maintenance yard building. It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to authorize the solicitation of proposals from mechanical and electrical engineering consultants to furnish working drawings for mechanical and electrical installation in the maintenance yard building. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberrs None Fanel CONSIDERATION OF REPORT ON ELECTION CAMPAIGN FUNDS: The Mayor announced that this matter would be continued until the evening session. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE LEAGUE OF CALIFORNIA CITIES TO REFRAIN FROM TAKING A POSITION ON STATEWIDE BALLOT MEASURES: The City Manager presented a report dated November 21, 1973 regarding this matter° The Council discussed this matter and Councilwoman Frankiewich urged the Council's support of the resolution° Councilmen Frankiewich and Harvey noted that certain -5- City Council Minutes November 26, 1973 action taken in the past by the Board of Directors of the California League of Cities did net accurately reflect the true opinion of all or even a majority of the League's membership. Councilman Lacayo stated he felt this resolution resulted from Proposition 1 failing to pass and that he would have preferred adopting a policy regarding this prior to action by the Board of Directors. It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey that the City Council support the resolution of the City Council of Newport Beach requesting the Directors and Officers of the League of California Cities to refrain from taking a position on state-wide ballot measures prior to a vote by all member cities. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey and Roberrs NOES: 1 COUNCILMEN: Lacayo ABSENT: 1 COUNCILMEN: Kanel CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 33656 - 33777: It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo to approve the commercial warrant list for warrants no. 33656 through 33777 in the total amount of $1,038.856.83. 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 Fanel At the request of CouncilMan Frankiewich, Item No. 21a was added to the agenda regarding recommendations of the Advisory Traffic Committee. RECESS: Mayor Roberrs recessed the meeting at 6:07 p.m. until 7:30 p.m. CALL TO ORDER: The meeting of the Cypress City Council was called back to order at 7:43 p.m. in the Cypress City Council Chambers, Mayor Roberrs presiding. PRESENT: ABSENT: Councilmen Frankiewich, Harvey, Lacayo and Roberrs Councilman Kanel Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and the following members of the City Staff: Amberg, Bryant, Charbw, Dunlap, Hawley, Nudson, Savord and Schatzeder. PLEDGE OF ALLEGIANCE: The pledge to the flag was led by Councilwomen Frankiewich. At the request of the Mayor, the City Manager reviewed the actions taken by the City Council during the afternoon. At this time, the Mayor announced that he had recently artended sports events at the Anaheim Stadium during which the Chargers, the Cypress PoeWee Junior football team, won their game, the Cypress Cougars also won a game played against a Canadian team, and Cypress cheerleaders won two out of three cheerleading con- tests in which they participated. City Council Minutes November 26, 1973 The Mayor also announced that Police Chief Savord had recently submitted his resignation, and in an Executive Session during the afternoon, the Council had directed the City Manager to decline the resignation and request that Chief Savord ask for an extended leave of absence in order to allow the City to reacquire his services in the future. Councilman Lacayo stated that Chief Savord was recently named as the outstanding law enforcement officer of the year by the California Trial Lawyers Association and it was through his efforts that the City had such a high ranking in state- wide crime prevention. He requested that the City Manager review a report regarding the City's crime prevention status. The City Manager reviewed a report from the California Council on Criminal Justice which described the City's crime prevention standings for 1972. Councilman Harvey commended a recent article in the Register by staff writer Susan Pack regarding the Cypress Police Department's crime referral program. It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to accept the leave of absence requested by Chief Savord. COUNCILMAN KANEL ARRIVED AT 8:00 P.M. PUBLIC HEARING RE: ZONE CHANGE #73-2: The Mayor announced that this was the time and place to consider a proposed pre-annexation rezoning from County A-1 Agricultural Zone to the City PRD Planned Residential District Zone of approx- imately 20 acres situated on the westerly side of Knott Avenue adjacent to the southerly side of the Southern Pacific Railroad right-of-way, known as Zone Change #73-2, requested by Continental Multi-Homes, Inc. The Mayor briefly reviewed the procedure to be followed for a Public Hearing and then declared the Public Hearing open. He asked that the staff present its report. The City Manager presented a report dated November 21, 1973 which indicated that the Affidavits of Posting and Publication of the Notice of Public Hearing are on file in the office of the City Clerk, and no communications were received in regard to this matter. The Mayor indicated that he had been presented a letter at the beginning of the meeting in opposition to the Zone Change which would be read after the presentation of the staff's report. The Planning Director presented a report dated November 19, 1973 in regard to Zone Change #73-2 which transmitted a copy of Staff Report PC#73-55 dated October 11, 1973. The Planning Director reviewed this report and presented slides showing characteristics of the property under consideration. The Mayor asked for those wishing to speak in favor of Zone Change #73-2. Mr. George Putnam, the applicant, representing Continental Multi-Homes, Inc., 1102 Broadway, Santa Manica, California, spoke in favor of the zone change and discussed benefits which he felt the City would derive from the project. He felt the residents in the condominiums would provide additional purchasing power and that the project would provide a good transitional use between the single-family homes to the north and future development to the south. The Council discussed several features of the development, including size of the units, amenities to be provided, parking, traffic circulation, and the effect of the project on the school district. Councilman Lacayo inquired about the cost benefits of the project, costs for police and fire protection, and what alter- natives would be available to the developer if the zone change was not approved. The applicant responded to the qquestions. -7- City Council Minutes November 26, 1973 The Mayor asked if anyone else wished to speak in favor of the zone change. Mr. Ed Jabbour, 11300 Providencia Street, Cypress, California, spoke in favor of residential development of the property. He stated he did not feel an industrial developer would be interested in the property because of its size and location. Mrs. Grace Barney, 10741 Knott, Cypress, California, stated she owned the chicken ranch which was located on one of the parcels under consideration. She stated that she would favor development of the property since she received complaints about the ranch from homeowners in the area and she would like to sell her property. RECESS: Mayor Roberts declared a recess at 9:20 p.m. The meeting was called back to order at 9:30 p.m. with all Councilmen present. The Mayor asked for those wishing to speak in opposition to Zone Change #73-2. Mr. James Hardesty, 5853 Holmby Court, Cypress, California, speaking as Chairman of the Citizens' Committee on Sensible Taxation, stated the committee was totally opposed to the residential rezoning since it did not feel this was the highest and best use of the property. He stated that the rezoning would create a group of residents who would oppose commercial/industrial development of the adjacent large parcel of property and he urged that the Council comply with the committee's support of a strong commercial/industrial tax base. Mr. Hardesty read a petition with 1,186 signatures indicating opposition to a PRD development of the property. Mr. Marvin Simpson, 6035 Jeffery Mark Street, Cypress, California, requested that the Mayor read the letter in opposition to Zone Change #73-2 presented by the Tanglewood Homeowners' Association. The Mayor read the letter, signed by five members of the Board of Directors, which indicated that the Tanglewood Homeowners' Association was approached by the Committee on Sensible Taxation regarding this matter. The Association recommended that both sides of the issue regarding a change of zone for the Harvey and adjacent property be considered in an open meeting. The Mayor noted that the Harvey property was not under consideration at this time and that it was the function of the Public Hearing to consider both sides of the issue. Mr. Simpson inquired if a homeowners' association for condominiums was required by City ordinance. The staff advised that one was not required by a specific ordinance but was required in the Covenants, Conditions and Restrictions which were a condition of approval for PRD developments. Mr. Simpson inquired if the common green areas of the project were taxable, whether the City had determined what the net revenues would be if the property was developed commercially, and why the parcels could not be developed indi- vidually for a commercial use. Mr. Simpson stated he felt that with only one entrance serving 206 units, there would be a tremendous traffic flow, and he felt a commercial development adjacent to the railroad would be a logical use. The staff responded to the questions which were raised. -8- City Council Minutes November 26, 1973 Mr. Don Kennedy, 5843 Holmby Court, Cypress, California, stated that since the subject property was located in all but the elementary school districts serving Cypress, Cypress residents would be required to pay school taxes for this property. He felt that if the applicant was able to unify the property owners for this proposal, it appeared inconceivable that this could not be accomplished by a large industrial or commercial corporation. Mr. Kennedy expressed that he felt it was time the citizens decided what is best for them- selves rather than having this determined by outside developers. Mrs. Joyce Nicholson, 6045 Jeffrey Mark Street, Cypress, California, stated that she had spoken with a member of the Orange County Planning Department who advised her that the County Master Plan designates the subject property as R-I, 3.5 units per gross acre, and RS, 6.5 units per gross acre, and that if the zone change request was granted, it would allow 10.82 units per net acre. Mrs. Nicholson stated that the applicant could have proposed the development in the County, but she felt it would have been easier to obtain approval of the zone change from the City of Cypress. Mr. Lee Heinen, 6421 Tulagi, Cypress, California, stated that a commercial use of the property would be well served by the adjacent railroad and he recommended that the staff investigate development of a distribution warehouse. He asked if the City would be responsible for police and fire protection, street cleaning and public works maintenance, and for providing schools for children in this project. Mr. Heinen stated that if a portion of the property was still in a trust, it may take a long time for settlement or the property may never be developed. Mr. Ernest Edwards, 10802 Knott, Stanton, California, stated he owned dog kennels across the street from the proposed development. He stated that a parking problem already existed in this area and he would not like to see further congestion. Mr. Edwards suggested that if a service road were installed setting the property farther back from the street, it would provide a good buffer between the condo- miniums and commercial businesses on Knott Avenue. Mrs. Fran Simpson, 6035 Jeffrey Mark Street, Cypress, California, inquired about the variance requested by the applicant to construct units of a minimum 950 square foot size, and asked why the streets in the project would not be dedicated to the City. Mr. Joe Hardcastle, 4588 Bianca, Cypress, California, stated he felt the proposed project reflected poor zoning. He stated that the project would eliminate the natural railroad right-of-way barrier between residential development to the north and industrially zoned property to the south, and since there was no direct free- way access, the rail service would be critical to future industrial development. Mr. Hardcastle stated that if the request is approved, the residents here would strongly oppose industrial or commercial development of the large parcel to the south. He stated that since this large parcel was preserved for industrial use, industrial or commercial development of the property under consideration would be logical and the owners had a right to develop it as' such. Mr. Hardcastle noted that there was a possibility of a severe traffic hazard at the entrance to the project because of the slight curve in the street. He stated that motorists would slow down for a sharp curve but a slight curve would give no warning. Mr. Hardcastle urged that the Council take a stand against residential develop- ment of the property. Mr. Charles Melcow, 5892 Lime, Cypress, California, stated that he would have liked more information regarding the effect of the project on the school districts and taxes, and more information regarding the advantages and disadvantages of the proposed development. -9- City Council Minutes November 26, 1973 Mr. George Stateman, 10822 Knott, Stanton, California, discussed the size of the condominium units and felt that they would be quite expensive. He stated that only one entrance serving the entire development would create congestion and be hazardous. M~. Stateman stated that the curve in Knott already created a hazardous situation. Mr. Don Hudson, 6153 Lawrence, Cypress, California, asked how accurate the estimates were for police costs for the project, and asked if Cypress police would have jurisdiction and access to the property if streets were not dedicated to the City. Mr. Hudson asked if the application was submitted to Orange County, and if any industrial complexes had expressed an interest in developing the property. He also inquired about a proposal for an alternate freeway route to serve this area of the City. The staff responded to the questions. General discussion followed between the Council, applicant, and speakers in regard to the proposed development. The Mayor then asked for the proponents to reply. Mr. Ed Jabbour, 11300 Providencia, Cypress, again speaking as a proponent for the zone change, inquired if increased personnel on the police force would be necessary for the development. He stated that if the property was developed industrially or commercially, this could result in brown-outs because of the energy crisis. The applicant responded to the questions which were raised by the various speakers. He stated he would be in favor of continuing the hearing in order to obtain additional background information to answer all of the inquiries which were made. Following a brief discussion on whether or not to continue the Public Hearing, the Mayor declared the Public Hearing closed on Zone Change #73-2, Continental Multi-Homes, Inc. Discussion followed by the Council members on reasons why they would favor or be opposed to the condominium and rezoning proposal. Following consideration of this matter, it was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to deny Zone Change #73-2, Continental Multi-Homes, Inc. 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 It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to deny Tentative Tract Map #8472, Continental Multi-Homes, Inc. 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 PUBLIC HEARING RE: CONSIDERATION OF CITY OF CYPRESS LIGHTING DISTRICT NO. 2 (1975): The Mayor announced that this was the time and place to consider Cypress Lighting District #2 and he declared the Public Hearing open. He asked that the staff present its report. The City Manager presented a report dated November 21, 1973 which indicated that the Affidavit of Posting of the Public Hearing Notices is on file in the Office of the City Clerk and no communications were received in regard to this matter. The City Manager reviewed a report from the Public Works Director dated November 21, 1973 concerning the lighting district. City Council Minutes November 26, 1973 The Mayor asked if anyone wished to be heard infavor of Cypress Lighting District No. 2. There was no one wishing to speak in favor. The Mayor asked if there was anyone wishing to speak in opposition.' No one wished to be heard in opposition and the Mayor declared the Public Hearing closed. It was moved by Councilman Lacayoand seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1415 A RESOLUTION OF THE CITY COUNCILOF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY, DATED OCTOBER 24, 1973, PREPARED PURSUANT TO RESOLUTION NO. 1397, OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NO. 1405 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE AND ASSESSMENTS CONTAINED IN SAID REPORT; ORDERING THE INSTALLATION OF THE STREET LIGHTING SYSTEM OF THE CYPRESS NO. 2 LIGHTING DISTRICT; TOGETHER WITH ANNEXATION NO. 13 ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN RESOLUTION OF INTENTION NO. 1406 AND RESOLUTION APPOINTING THE TIME AND PLACE FOR HEARINGS N~. 1407, ALL IN ACCORD WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." 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 Councilwoman Frankiewich and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1416 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CANABLE OF MAKING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF T~E STREET ~I~HTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT AND ORDERED TO BE INSTALLED BY RESOLUTION NO. 1405, OF SAID COUNCIL, ALL IN ACCORD WITH AND PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." 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 RECESS: The Mayor declared a recess at 12:15 a.m. The meeting was called back to order at 12:30 a.m. with all Counciimen present. CONSIDERATION OF RECOMMENDATIONS OF ADVISORY TRAFFIC COMMITTEE: The City Manager presented a report dated November 21, 1973 regarding recommendations by the Traffic CoemiCtee for the establishment of no parking areas and the establish- ment of a portion of Myra Avenue as a through arrest. Ci~ouncil Minutes November 26, 1973 Mrs. Connie Lombardi, 9782 Lee Street, Cypress, California, spoke in favor of the establishment of ano parking area on Fred Drive and a no parking prohibition from 10:00 a.m. to 1:00 p.m. on Fred Drive, Lee Drive and Lee Street as being the best solution te the problem of students parking off campus on streets adjacent to Cypress High School. Mr. Robert Mohr, principal of Cypress High School, and Mrs. Wands Mangum, 9781 Lee Street, spoke in favor of the recommendations of the Traffic Committee and both briefly discussed the parking problem. It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewicb to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1417 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING NO PARKING AREAS. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Lacayo and Roberrs None None It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION N0. 1418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DEFINING AND ESTABLISHING THAT PORTION OF MYRA AVENUE AT ANGELA STREET AS A THROUGH STREET. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Lacayo and Roberrs None None MINUTES: It was moved by Councilwoman Frankiewich, seconded by Councilman Fanel and unani- mously carried to approve the minutes of November 12, 1973 as corrected. CONSIDERATION OF A REPORT ON ELECTION CAMPAIGN FUNDS: The City Manager presented a report dated November 21, 1973 in regard to this matter. Following discussion by the Council, it was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unanimously carried to continue the matter regarding election campaign funds to the December 10 Council meeting. CONSIDERATION OF FEDERAL COMMUNITY DEVELOPMENT LEGISLATION: The City Manager presented a report dated November 21, 1973 which transmitted a communication from the League of California Cities urging cities to communicate their views regarding this matter to Senators Cranston and Tunney prior to the week of November 12. It was moved by Councilman Lacayo, seconded by Councilman Fanel and unanimously carried to receive and file this matter. -12- City Council Minutes November 26, 1973 CONSIDERATION OF PRESENTATION TO THE AIRPORT LAND USE COMMISSION REGARDING SPHERE OF INFLUENCE ADJACENT TO.THE LOS ALAMITOS NAVAL AIR STATION: The City Manager presented a report dated Novamet 21, 1973 regarding the sphere of influence adjacent to the air station. He stated that the staff would be presenting a map at the December 6 Commission hearing which illustrates the relationship between the Los Alamitos Air Station and adjacent communities and certain noise level contours as outlined in the environmental impact report statement prepared by the Department of the Army. The Council held discussion on this matter and Councilman Lacayo requested that the City Manager investigate the matter regarding selection of a full time City representative to the Airport Land Use Commission. It was moved by Councilman Lacayo, seconded by Councilman Fanel and unanimously carried to direct the staff to make the presentation which they have prepared in regard to the sphere of influence for the Los Alamltos Naval Air Station. CONSIDERATION OF RESOLUTION AMENDING RESOLUTION NO. 31~ THE RESOLUTION OF ISSUANCE: The City Manager presented a report dated November 21, 1973 indicating that an amending resolution was necessary to officially designate the principal paying agent for the 1973 park bonds. It was moved by Councilman Lacayo and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 35 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, AMENDING THE RESOLUTION OF ISSUANCE, RESOLUTION NOo 31~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Lacayo and Roberrs None None CONSIDERATION OF A RESOLUTION FINDING THAT THE DISTRICT SECURITIES INVESTIGATION LAW OF 1965 DOES NOT REQUIRE APPROVAL BY THE OFFICE OF THE STATE TREASURY~ DISTRICT SECURITIES DIVISION~ OF BOND OF SAID DISTRICT DESIGNATED "CYPRESS RECREATION AND PARK DISTRICT, 1973 BONDS": The City Manager presented a report dated November 21, 1973 which indicates that the Recreation and Park District is not required to have a securities investigation since the population of the District exceeds 500° It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 36 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, FINDING THAT THE DISTRICT SECURITIES INVESTIGA- TION LAW OF 1965 DOES NOT REQUIRE APPROVAL BY THE OFFICE -13- City Council Minutes November 26, 1973 OF THE STATE TREASURY, DISTRICT SECURITIES DIVISION, OF BOND OF SAID DISTRICT DESIGNATED "CYPRESS RECREATION AND PARK DISTRICT, 1973 BONDS." The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Lacayo and Roberts None None CONSIDERATION OF RESOLUTION ACCEPTING A GRANT DEED FROM THE SHERMORE CORPORATION: The City Manager presented a report dated November 21, 1973 regarding a request to accept the grant deed for the remaining parcels located at the northeast corner o£ Orange Avenue and Denni Street for park purposes. It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AUTHORIZING THE CLERK TO ACCEPT A GRANT DEED FROM THE SHERMORE CORPORATION. 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 CONSIDERATION OF RESOLUTION ACCEPTING A GRANT DEED FROM THE UNITED CHRISTIAN FELLOWSHIP: The City Manager presented a report dated November 20, 1973 con- cerning acceptance of a grant deed for park property at the corner of Orange Avenue and Denni. It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AUTHORIZING THE CLERK TO ACCEPT A GRANT DEED FROM THE UNITED CHRISTIAN FELLOWSHIP. 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 CYPRESS SHOW STOPPERS: The City Manager presented a report from the Recreation and Park Director dated November 19, 1973 recommending dis- bandment of the Cypress Show Stopper Band and recommending that the staff investigate establishment of a drum and bugle corps. -14- City Council Minutes November 26, 1973 It was moved by Councilwoman Frankiewich and seconded by Councilman Lacayo to receive and file the report. Following discussion, Councilwoman Frankiewich withdrew the motion end Councilman Lacayo the second. It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried that the Council concur with the Recreation and Park Commission's rec- ommendation to officially disband the Cypress Show Stopper Band and direct the staff to initiate proceedings in an effort to promote the establishment of a drum and bugle corps, co-sponsored by the Cypress School District; and that if the school district is not interested, that the Recreation end Park District proceed in establishing a drum and bugle corps which viii be sponsored by the Recreation and Park District. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 2736 - 2757: 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. 2736 through 2757 in the total amount of $14,977.44. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Lacayo and Roberrs None None WRITTEN AND ORAL COMMUNICATIONS: The Mayor asked if anyone wished to address the City Council in regard to any matter not on the agenda. The City Manager briefly discussed the Christmas Community Sing Program scheduled for December 5 and the Christmas lighting requirements for the Civic Center. It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and unanimously carried to place on the agenda at this time a matter relating to a proclamation for Bill of Rights Week. It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unanimously carried to adopt a proclamation proclaiming December 9 through 15, 1973 as "Bill of Rights Wee~' in the City of Cypress. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Fanel and unanimously carried to adjourn the meeting at 1:35 a.m. ATTEST: -15-