Minutes 74-07-08MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
July 8, 1974
The regular meeting of the Cypress City Council was called to order at 4:50 p.m.
on Monday, July 8, 1974 in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Otto Lacayo presiding.
PRESENT: Councilmen: Frankiewich, Kanel and Lacayo
ABSENT: Councilmen: Harvey and Sonju
Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney~
and the following members of the City Staff: Charkow, Dalesandro, Grant, and Hawley.
Mayor Lacayo discussed a matter regarding an increase in assessed property values
in the City and requested that the staff contact the County Assessor to obtain
information regarding determination of property valuation.
Councilwoman Frankiewich requested that the City Manager forward a communication
to the City~s congressman regarding the revenue sharing program and she requested
that a matter be placed on the next agenda regarding fair labor standards and
pending litigation.
Councilwoman Frankiewich stated that she had received complaints regarding the
unsafe use of fireworks and brief discussion was held regarding possible restrictions
on their sale. The staff was directed to prepare a report and recommendation to
the Council regarding this within 90 days. Councilwoman Frankiewich requested
that a Bicentennial scrapbook of the City~s bicentennial activities be
maintained by the staff.
Discussion followed regarding the use of the City newsletter by community organiza-
tions and it was recommended that a questionnaire be mailed to all groups regarding
their input in the newsletter.
It was moved by Mayor Lacayo, seconded by Councilwoman Frankiewich and unan-
imously carried to place on the agenda consideration of a senior citizens'
vaccine program. Mayor Lacayo reported on a request by the Cypress Senior
Citizens' Club for City sponsorship of a vaccine program for those over 65
and requested a report on this matter for the next meeting.
CONSENT CALENDAR: Mayor Lacayo announced that all matters listed on the agenda
under Consent Calendar were to be considered by the Council as routine and
enacted by one motion approving the recommendation on the agenda. It was moved
by Councilwoman Frankiewich, seconded by Councilman Kanel and unanimously
carried to approve Item Noso 4 through 8 on the Consent Calendar.
Item No. 4: Consideration of Communications from the City of Santa Ana and
the Orange County Bar Association Requesting Support for the Creation of a
United States District Courthouse Facility in Santa Anao
Recommendation: That the City Council support the location of a United States
District Courthouse Facility in Santa Ana, California, and request the City Manager
to notify the appropriate officials of the Council's position on this matter.
Item No. 5: Consideration of Request from the City of Placentia Regarding a
Change in the Proposed Orange County Transit District Sales Tax Legislation.
Reconmendation: Receive and file.
City Council Minutes July 8, 1~7~I~
Item No~ 6~ Consideration of Acceptance of Improvements and Release of Bonds
for Tract #7594°
Recom~endaKion: That the City Council accept the public improvements in Tract
#7594 as being satis.facto. rily comple.ted..in..ac~o~da~$ with pl~n~ aM specifications
except as noted; authorize the reduction in performance bond to $21~000o00; and
authorize the City Clerk to release the monumentation bond and the labor and
material bond upon expiration of their required lien period providing no mechanic
liens are filed with the performance bond to be held for one year from the date
of acceptance of the improvements of Orangewood Avenue to guarantee against any
defects in material or workmanship°
Item Noo 7~ Consideration of Acceptance of Improvements and Release of Bonds for
Tract #7595°
Recommendation~ That the City Council accept the public improvements in Tract
#7595 as being satisfactorily completed in accordance with plans and specifications
except as noted; authorize the reduction in performance bond to $36,000°00; and
authorize the City Clerk to release the monumentation bond and the labor and
material bond upon expiration of their required lien period providing no mechanic
liens are filed with the performance bond to be held for one year from the date
of acceptance of the improvements of Holder Street and Orangewood Avenue to
guarantee against any defects in material or workmanship°
Item Noo 8: Consideration of Acceptance of Improvements and Release of Bonds for
Conditional Use Permit #73-13o
Recommendation: That the City Council accept the public improvements in CUP #73-13
as being satisfactorily completed in accordance with plans and specifications and
authorize the City Clerk to release the labor and material bond upon expiration
of their required lien period providing no mechanic liens are filed with the
performance bond to be held for one year from the date of acceptance to guarantee
against any defects in material or workmanship.
CONTINUATION OF CONSIDERATION OF APPOINTMENT TO THE ORANGE COUNTY HEALTH PLANNING
COUNCIL: The City Manager presented a report dated July 2, 1974 regarding the
appointment and, hearing no objections, the Mayor announced this matter would be
continued to the next meeting°
CONSIDERATION OF RESOLUTION TRANSFERRING FUNDS FROM THE CITY'S GENERAL FUND TO
THE CYPRESS RECREATION AND PARK DISTRICT'S BOND FUND: The City Manager presented
a report dated July 2, 1974 regarding the transfer of insurance fees and optional
design fees to the District's bond fund as approved at the June 24 meeting°
It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to adopt
the following Resolution by title only, title as follows~
RESOLUTION NO. 1511
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
TRANSFERRING CERTAIN MONIES FROM THE GENERAL FUND OF
SAID CITY TO THE CYPRESS RECREATION AND PARK DISTRICT
FUND 62-3315 (PARK BOND PARK DEVELOPMENT FUND)°
The motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCII~MEN:
Frankiewich, Kanel and Lacayo
None
Harvey and Sonju
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Council Minutes July 8, 1974
CONSIDERATION OF ESTABLISHMENT OF "NO PARKING~'AREAS ON CITY STREETS: The City
Manager presented a report dated July 2, 1974 regarding recommendations by the
Advisory Traffic Committee for no parking restrictions in the Tanglewood
tract, on Cerritos Avenue adjacent to the Holy Cross Lutheran Church, and on
Lincoln Avenue to provide for SCRTD bus stops°
It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel
to adopt the following Resolution by title only, title as follows:
RESOLUTION NOo 1512
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~ 3 COUNCILMEN: Frankiewich, Kanel and Lacayo
NOES~ 0 COUNCILMEN= None
ABSENT~ 2 COUNCILMEN: Harvey and Sonj u
It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to
adopt the following Resolution by title only~ title as follows=
RESOLUTION NO. 1513
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING NO PARKING AREAS FOR THE PURPOSE OF
FACILITATING THE INSTALLATION OF COACH ZONES°
The motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN~ Frankiewich~ Kanel and Lacayo
NOES~ 0 COUNCILMEN~ None
ABSENT~ 2 COUNCILMEN.~ Harvey and Sonju
CONSIDERATION OF APPROVAL OF RESOLUTION OF THE CITY OF CYPRESS APPROVING APPLI-
CATION OF 1974 STATE PARK BOND ACT FUNDS~ The City Manager presented a report
from the Recreation and Park Director dated July 2, 1974 concerning the applica-
tion for funds from the 1974 State Bond Act for Phase II development of Oak Knoll
Park°
It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to
adopt the following Resolution by title only, title as follows:
RESOLUTION NOo 1514
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE APPLICATION FOR THE 1974 STATE GRANT FUNDS
FOR THE OAK KNOLL PARK DEVELOPMENT PROJECT~
The motion was unanimously carried by the following roll call vote=
AYES~ 3 COUNCILMEN: Frankiewich, Kanel and Lacayo
NOES~ 0 COUNCILMEN~ None
ABSENT: 2 COUNCILMEN~ Harvey and Sonju
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City Council Minutes July 8, 1974~'~
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
35785-35968: It was moved by Councilwoman Frankiewich and seconded by
Councilman Kanel to approve the Commercial Warrant List for Warrants No.
35785 through 35968 in the total amount of $1,053,211.03o The motion was
unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Frankiewich, Kanel and Lacayo
None
Harvey and Sonju
CONSIDERATION OF AMENDMENT OF CONTRACT WITH THE J.B. CROSBY COMPANY~ INC. WITH
REFERENCE TO THE PARK AND RECREATION PARK BOND DEVELOPMENT: The City Manager
presented a report from the Recreation and Park Director dated July 2, 1974
concerning a change in the contract cost to allow the City to be eligible to
apply for its share of the 1974 State Bond Act.
It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich that
the City Council, acting as ex-officio Board of Directors of the Cypress Recreation
and Park District, approve the amendment to the original contract figure with
J. B. Crosby Company, Inc. establishing the amount as $2~041,072o The motion was
unanimously carried by the following roll call vote~
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Frankiewich, Kanel and Lacayo
None
Harvey and Sonju
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NOo 164-170
AND 3276-3324: It was moved by Councilwoman Frankiewich and seconded by Councilman
Kanel to approve the Cypress Recreation and Park District Commercial Warrant List
for Warrants #164 through 170 and 3276 through 3324 in the total amount of
$1,525,875.31. The motion was unanimously carried by the following roll call votez
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Frankiewich, Kanel and Lacayo
None
Harvey and Sonju
Mayor Lacayo reported on a request by a member of the Cypress Senior Citizens~
Club for consideration of the Club using a portion of the existing library on
Moody Street and he requested that the staff investigate the matter and prepare
a report for the next meeting.
RECESS:
Mayor Lacayo declared a recess at 5:37 p.m. until 7:30 pomo
CALL TO ORDER:
The regular meeting of the Cypress City Council was called back to order at 7~35
p.m. in the Cypress City Council Chambers, Mayor Otto Lacayo presiding.
PRESENT:
ABSENT:
Councilmen Frankiewich, Harvey, Kanel and Lacayo
Councilwoman Sonju
Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy,
and the following members of the City Staff: Amberg, Bryant, Charkow, Dalesandro,
Grant and Hawley.
PLEDGE OF ALLEGIANCE: Councilman Kanel led the pledge of allegiance to the flago
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~ouncil Minutes July 8, 1974
The City Manager reviewed the Council actions of the afternoon session.
OATH OF OFFICE AND INTRODUCTION OF NEWLY APPOINIID COMMISSIONERS: Mayor Lacayo
introduced and administered the oath of office to the following recently appointed
City Commissioners: Jan Moss and Gary Kamm, Advisory Traffic Committee, Harold
Lindamood, Arts and Cultural Commission, and Robert Simmons and Francis Boykin,
Recreation and Park Conmission.
CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR MAINTENANCE YARD BUILDING -
PROJECT #7439-90= The City Manager presented a report dated July 3, 1974 which
outlined recommended deletions to the contract for the maintenance yard building.
It was moved by Councilman Harvey and seconded by Councilman Kanel to determine
that HoW. Sant Company, 2020 West Lincoln, Anaheim, is the lowest responsible
bidder for Project #7439-90, Maintenance Yard Building. The motion was unanimously
carried by the following roll call vote:
AYE S:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Frankiewich~ Harvey, Kanel and Lacayo
None
Sonju
It was moved by Councilman Harvey and seconded by Councilman Kanel to approve
the negotiated contract with the H.W. Sant Company, 2020 West Lincoln Avenue,
Anaheim, California, with the deletion from the contract of the items indicated
in the staff report for a total contract price of $538,848.00 and approve award
of contract to the H.Wo Sant Company in the amount of $538~848o00o The motion
was unanimously carried by the following roll call vote:
AYES= 4 COUNCILMEN:
NOES~ 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Kanel and Lacayo
None
Sonj u
It was moved by Councilman Harvey and seconded by Councilman Kanel to appropriate
an additional $117,000.00 from the General Fund balance to the Capital Funds
Project Account 62-7230, Maintenance Yard Building Account, for the Fiscal Year
1974/75. The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Kanel and Lacayo
None
Sonju
CONSIDEllATION OF AWARD OF CONTRACT FOR THE PUBLICATION OF LEGAL ADVERTISEMENTS:
The City Manager presented a report dated July 2, 1974 which summarized the three
bids received for the publication of legal advertisements.
Mrs. Erskine, 3993 Myra, Los Alamitos, representing the Cypress News Enterprise,
explained why their late bid was submitted and questioned whether competitive
bidding was necessary.
Mayor Lacayo announced it was time to conduct the public hearings and he continued
this matter until after the hearings.
CONTINUATION OF PUBLIC HEARING RE: APPEAL OF THE PLANNING COb~iISSION~S DECISION
ON CONDITIONAL USE PERMIT #74-5, 7-ELEVEN CONVENIENCE STORES: Mayor Lacayo
announced that this was the time and place for the public hearing to consider
the appeal of the Planning Commission's decision on Conditional Use Permit #74-5,
7-Eleven Convenience Stores. He stated that all Council members had not
heard the discussion from the last meeting regarding the appeal and that it
was the consensus of the Council to continue the hearing until the July 22 meeting.
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City Council Minutes
July 8, 1974
PUBLIC HEARING RE: CONSIDERATION OF ADOPTION OF THE FINAL BIrDGET FOR THE CYPRESS
RECREATION AND PARK DISTRICT: The Mayor announced that this was the time and
place for the public hearing to consider the final budget for the Recreation and
Park District and he declared the public hearing open. The City Manager presented
a report dated July 2, 1974 in regard to the 1974/75 District budget.
Mayor Lacayo inquired if anyone in the audience wished to speak in favor of or
in opposition to the proposed budget. There was no one wishing to speak and the
Mayor closed the public hearing.
It was moved by Councilman Kanel and seconded by Councilman Harvey that the City
Council, acting as the ex-officio Board of Directors of the Cypress Recreation and
Park District, officially adopt the 1974/75 budget as submitted for the District°
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Kanel and Lacayo
None
Sonj u
PUBLIC HEARING RE: ZONE CHANGE #74-2: Mayor Lacayo announced that this was the
time and place for the public hearing to consider a proposed amendment to the
Zoning Ordinance #497 by adopting a pre-annexation zoning classification of a
certain parcel of land from Orange County Zone Classification iO0-Ci-iO,O00
Local Business Zone to City of Cypress Zone Classification CH-Commercial Highway
Zone, Requested by D & B Associates, 5601 Paramount, Long Beach, California, and
known as Zone Change #74-2. He declared the public hearing open and asked that
the staff present its report.
The Planning Director presented a report dated July 3, 1974 which indicated the
affidavits of publication, posting and mailing are on file in the City Clerk's
office and no con~nunications were received in regard to this matter. He also
presented Staff Report PC #74-23 dated May 29, 1974 describing the development
proposal for a mini-warehouse and recreational vehicle storage area. Slides
of the subject property were presented.
Mayor Lacayo asked if anyone wished to speak in favor of Zone Change #74-2°
Mr. Richard Darling, representing D & B Associates, spoke in favor of the future
annexation of the property.
Mrs. Joyce Nicholson, 6045 Jeffrey Mark, Cypress, representing the Cypress Citi-
zens' Association, spoke in favor of the development proposal°
Mayor Lacayo inquired if anyone wished to speak in opposition to Zone Change #74-2.
Mr. Jo R. Long, Santa Ana, stated he owned property just west of that being con-
sidered and that he would not be in favor of annexing his property to the City.
Following discussion regarding the development and a proposal to annex County
properties in the area bounded by Lincoln and Moody Street, the public hearing
was closed.
It was moved by Councilman Kanel, seconded by Councilwoman Frankiewich and unan-
imously 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
PROPOSING AN AMENDMENT TO ZONING ORDINANCE NO. 497 BY
ADOPTING PRE-ANNENATION ZONING CLASSIFICATION OF A
CERTAIN PARCEL OF 1AND FROM ORANGE COUNTY ZONE CLASSI-
FICATION 100-Cl-lO,000 LOCAL BUSINESS ZONE TO CITY OF
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City Council Minutes July 8, 1974
19~PRESS ZONE CLASSIFICATION CH-COMMERCIAL HIGHWAY ZONE,
ZONE CHANGE NO. 74-2.
It was moved by Councilman Kanel 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, Kanel and Lacayo
None
Sonju
CONTINUATION OF CONSIDERATION OF AWARD, OF CONTRAC~FOR~PUBLICATTnNI.OF LEGAL
ADVERTISEMENTS: Considerable discussion was held regarding legal requirements
of newspapers with regard to competitive bidding and the Cityts bidding process.
The Council requested clarification of the matter by the City Attorney.
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to
reject all bids and authorize the staff to readvertise for bids for the publica-
tion of legal advertisements. The motion was unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Kanel and Lacayo
None
Sonju
Mayor Lacayo recommended that the Council establish a policy to require the
bidding process for the purpose of awarding a contract for the publication of
legal advertisements.
CONSIDERATION OF AWARD OF CONTRACT FOR. THE FISCAL YEAR~.1974/75 WEED ABATEMENT
PROGRAM: The City Manager presented a report from the Public Works Director
dated July 3, 1974 describing the weed abatement program and a report dated
July 8, 1974 which indicated one bid was received.
It was moved by Councilman Kanel and seconded by Councilman Harvey to approve
Phase I of the Weed Abatement Program for fiscal year 1974/75 and direct the
Engineering Division to notify the property owners concerned of the proposed
abatement. The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Kanel and Lacayo
None
Sonju
It was moved by Councilman Kanel and seconded by Councilman Harvey to determine
that the lowest responsible bid'was submitted by Edwin Webber, Inc. and award
an annual contract in the amount of $31,330.00 for the 1974/75 Weed Abatement
Program to Edwin Webber, Inc., 8472 Rembrandt Drive, Huntington Beach, as per
their proposal dated July 8, 1974. The motion was unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCII/4EN:
ABSENT: 1 COUNCILMEN:
Frankiewich, Harvey, Kanel and Lacayo
None
Sonju
MINUTES: It was moved by Councilman Kanel, seconded by Mayor Lacayo and unan-
imously carried to approve the minutes of June 7, June 8~ June 10, and June 24,
1974, with Councilman Kanel abstaining on the minutes of June 7 and 8 and Coun-
cilmen Harvey and Lacayo abstaining on the minutes of June 24°
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City Council Minutes July 8, 1974
ORAL COMMUNICATIONS: Councilman Harvey inquired if Conditional Use Permit #74-14
regarding an application for a condominium project on Walker Street would
come before the Council for consideration. The Planning Director stated it
would not come before the Council unless appealed.
Councilwoman Frankiewich reported on the Bennington flag raising ceremony
at City Hall held July 4.
Mrs. Auneatta Larkin, 10171 Aqueduct Drive, Cypress, inquired about the
request by the Cypress Senior Citizens' Club to use the library building.
EXECUTIVE SESSION: Mayor Lacayo called for an Executive Session for matters
of personnel at 9:05 p.m. The meeting was called back to order at 9:15 p.m.
with Councilwoman Sonju absent.
ADJOURNMENT:
It was moved by Councilwoman Frankiewich, seconded by Councilman Kanel and
unanimously carried to adjourn the meeting at 9:17 p.m. in memory of Super-
visor Ronald Caspers and all those missing in the recent boating accident.
ATTEST:
6'F "?a E Clr OF CY RSSS
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