Minutes 74-11-12MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
November 12, 1974
The regular meeting of the Cypress City Council was called
to order at 4:05 p.m. on Tuesday, November 12, 1974 in the
Cypress City Council Chambers, 5275 Orange Avenue, Cypress,
California, Mayor Otto Lacayo presiding.
PRESENT:
ABSENT:
Councilmen Frankiewich, Harvey and Lacayo
Councilmen Kanel and Sonju
Also present were City Manager/City Clerk Darrell Essex, City
Attorney John Murphy, and the following members of the City
Staff: Charkow, Duke, Dunlap, Hawley and Schatzeder.
At the City Manager's request, the Mayor placed an item on
the agenda regarding a request by the Southern California
Edison Company for the granting of an easement on the Oak
Knoll Park site.
COUNCILMAN KANEL ARRIVED AT 4:10 P.M.
At Councilman Harvey's request, the Mayor placed Item No. 28
on the agenda regarding a left-turn pocket on Ball Road at
Juanira, and Councilwoman Frankiewich requested that consid-
eration of the Valley View/Ball Road intersection be placed
on the agenda.
Councilwoman Frankiewich inquired about the status of the
landscaping at the shopping center at Moody and Orange and
at the Texaco Tank Farm. The staff indicated it would inves-
tigate the status of improvements and report back to the
Council.
MINUTES:
It was moved by Councilman Harvey, seconded by Councilman
Kanel and unanimously carried to approve the minutes of
October 28, 1974.
CONSIDERATION OF REQUEST FOR EASEMENT BY EDISON COMPANY: The
City Manager reported that a request was recently made by
the Edison Company for an easement for underground electrical
services at the Oak Knoll Park site. The easement is nec-
essary to provide service to the Community Center Building
and would be located approximately 350 feet south of Orange
Avenue, from Graham Street to the Community Center Building.
It was moved by Councilman Harvey, seconded by Councilwoman
Frankiewich and unanimously carried to authorize the Mayor
to sign and the City Clerk to attest the grant of easement
as requested by the Southern California Edison Company.
CONSIDERATION OF AWARD OF CONTRACT TO PURCHASE SEVEN POLICE
PATROL VEHICLES AND ONE POLICE STATION WAGON~ REQUEST FOR
QUOTATION #7475-15: The City Manager presented a report Irom
the Finance Director dated November 6, 1974 and reviewed the
three bids received.
City Council Minutes November 12~4
It was moved by Councilman Kanel and seconded by Councilwoman
Frankiewich to authorize a budgeted transfer from the General
Fund to the General Operating Fund in the amount of $424.00
for the Police Vehicles and $53.00 for the Police Station
Wagon and approve appropriations from the fund balance of the
General Operating Fund of $424.00 to Account #90-65439-301
and $53.00 to Account #90-65439-304. The motion was unan-
imously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich, Harvey, Kanel
and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
It was moved by Councilman Harvey and seconded by Councilwoman
Frankiewich to award the contract to Fletcher-Jones Chevrolet,
6633 Westminster Avenue, Westminster, California, as being the
lowest responsible bidder, in the amount of $36,377.06. The
motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich,
and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
Harvey, Kanel
CONSIDERATION OF AWARD OF CONTRACT TO PURCHASE FOUR COMPACT
CARS, TWO POLICE REPLACEMENTS, AND TWO ADMINISTRATIVE POOL
CARS~ REQUEST FOR QUOTATION #7475-18: The City Manager
presented a report from the Finance Director dated November
6, 1974 and outlined the five bids received.
It was moved by Councilwoman Frankiewicb and seconded by
Councilman Kanel to authorize a budgeted transfer from the
General Fund to the General Operating Fund in the amount of
$1,801.00 for the Police Units and $1,606.00 for the Admin-
istrative Pool Cars and approve appropriations from the
fund balance of the General Operating Fund of $1,801.00 to
Account #90-65439-303 and $1,606.00 to Account #90-65439-305,
and award the contract to County Wide AMC, 12222 Garden Grove
Boulevard, Garden Grove, California, as being the lowest
responsible bidder, in the amount of $15,129.88. The motion
was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich,
and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
Harvey, Kanel
CONSENT CALENDAR: Mayor Lacayo announced that all items
listed on the agenda under "Consent Calendar" were to be
considered by the Council as routine and enacted by one
motion approving the recommendation regarding each item
listed on the agenda. He inquired if any Councilman wished
to remove a matter from the Consent Calendar.
No Councilman wished to remove an item and it was moved by
Councilwoman Frankiewich, seconded by Councilman Kanel and
unanimously carried to approve Item Nos. 3 through 14 on
the Consent Calendar.
Item No. 3:
McMurray of
Compaction.
Consideration of a Communication from Mr. T. R.
11400 Providencia Street, Cypress, regarding Soil
Recommendation: Receive and file.
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City~9~cil Minutes November 12, 1974
Item No. 4: Consideration of an Amendment to the Joint Powers
Agreement between the City of Cypress and M.D.S. Authorizing
a Name Change to Municipal Data System.
Recommendation: That the City Council approve the amendment
to the Joint Powers Agreement between the City of Cypress and
the San Gabriel Valley Municipal Data System which changes
the name to Municipal Data Systems.
Item No. 5: Consideration of a Resolution Appointing Certain
Employees to Represent the City in the Small Claims Court.
Recommendation: That the City Council adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 1542
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS RESCINDING RESOLUTION NO. 1380 AND
APPOINTING CERTAIN EMPLOYEES TO REPRESENT THE
CITY IN THE ORANGE COUNTY SMALL CLAIMS COURT°
Item No. 6: Consideration of a Contract Renewal with Pruden-
tial Overall Supply Company for Uniform Rental.
Recommendation: That the City Council authorize the City
Manager to renew the existing contract for uniform rental
with Prudential Overall Supply Company with an increase
of 5% over the existing prices.
Item No. 7: Consideration of Proclamation Declaring the
Month of November 1974 as "Cypress Junior Women's Club
Junior Involvement Month."
Recommendation: That the Mayor and City Council proclaim
the month of November 1974 as "Cypress Junior Women's Club
Junior Involvement Month" in the City of Cypress.
Item No. 8: Consideration of a Resolution Commending Mr.
Joe Carpineto for his Outstanding Contributions and Lead-
ership in the Boys' Clubs of West Orange County.
Recommendation: That the City Council adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 1543
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS COMMENDING MR. JOE CAREINETO FOR HIS
OUTSTANDING CONTRIBUTIONS AND LEADERSHIP IN
THE BOYS' CLUBS OF WEST ORANGE COUNTY.
Item No. 9: Consideration of a Claim for Personal Injuries
Filed by Mr. Harold E. Heinly, Attorney for John Frank
Boetsch, 9682 Juanita Street, Cypress, California.
Recommendation: That the City Council officially deny the
claim of John Frank Boetsch and refer the matter to the
City's insurance carrier for the appropriate disposition.
Item No. 10: Consideration of Claim of Charles Barrios
Gonzales, Sam Wesley Berry, and Henry Lee Battle Submitted
by Leslie C. Nichols and Rubin Tepper, Attorneys for the
Claimants°
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City Council Minutes
November
12, 1974
Recommendation: That the City Council reject the claim of
Charles Barrios Gonzales, Sam Wesley Berry, and Henry Lee
Battle pursuant to Section 910 of the Government Code,
subsections a, c, d, e, and f.
Item No. 11: Consideration of Certification of Employment
List - Police Officer.
Recommendation: That the City Council certify the employ-
ment list for the position of Police Officer.
Item No. 12: Consideration of an Application for an On
Sale Beer and Wine Transfer License - Pizza Hut, 6471 Ball
Road°
Recommendation: Receive and file.
Item No. 13: Consideration of an Application for an On
Sale Beer Transfer License - Red Rooster Beer Bar, 6072-B
Lincoln Avenue.
Recommendation: Receive and file.
Item No. 14: Consideration of Request for Extension of
Time, Gas Tank Facility, City Project #7410-90.
Recommendation: That the City Council approve an extension
of time of fourteen (14) working days for completion of
the Gas Tank Facility°
At Councilwoman Frankiewich's request, the Mayor announced
Item No. 24 would be considered out of order°
CONTINUATION OF CONSIDERATION OF CYPRESS RECREATION & PARK
DISTRICT SPONSORING THE CALIFORNIA CAVALRY YOUTH BAND OF
CYPRESS: The City Manager presented a report from the
Recreation and Park Director dated November 7, 1974 which
outlined comments from the City Attorney relating to the
by-laws of the California Cavalry Youth Band. The Council
requested that this report be presented by the staff to
the Recreation and Park Commission at its meeting this
evening and recommended that the Commission reevaluate its
recommendation regarding sponsorship of the Band.
It was moved by Councilwoman Frankiewich, seconded by Mayor
Lacayo and unanimously carried to request the Cypress Rec-
reation and Park Commission to reevaluate its original
recommendation of sponsorship of the California Cavalry
Youth Band Corporation and request the staff to present
a report regarding the Band's history at the November 12
Commission meeting.
CONSIDERATION OF PARTICIPATION IN THE ANNUAL NATIONAL
LEAGUE OF CITIES CONFERENCE: The City Manager presented
a report dated November 8, 1974 regarding the annual
conference scheduled to be held December 1 through 5 in
Houston, Texas.
Councilman Harvey urged that the Council consider member-
ship in the National League of Cities and indicated that
he would like to attend the conference°
It was moved by Councilwoman Frankiewich and seconded by
Councilman Kanel that any Council member who is interested
be authorized to attend the National League of Cities
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~it~,~uncil Minutes November 12, 1974
annual conference to be held December 1 through 5 in
Houston and to authorize all necessary expenditures which
are incurred. The motion was unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich,
and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
Harvey, Kanel
CONSIDERATION OF PORNOGRAPHIC MATERIALS ORDINANCES: The City
Manager presented a report dated November 8, 1974 which trans-
mitted two ordinances drafted by the City Attorney regarding
the display of pornographic publications.
Following brief discussion of the ordinances, the Mayor
announced discussion would be continued to the evening session
for the benefit of the public.
At Councilman Harvey's request, the Mayor placed Item No. 17a
on the agenda regarding the Cypress Cinema Theater°
It was moved by Councilman Harvey, seconded by Councilwoman
Frankiewich and unanimously carried to direct the City Manager
to transmit a letter to the owner of the Cypress Cinema
Theater indicating the Council's displeasure regarding the
showing of X-rated films, and asking that the theater be more
selective in the quality of films shown, noting that the
Council feels it is basically a neighborhood theater catering
to the local community and that it is not exposed to heavy
vehicular traffic.
CONSIDERATION OF CONSTRUCTION OF CONCRETE BLOCK WALL AT MAINT-
ENANCE YARD~ CITY PROJECT #7439-10: The City Manager
presented a report from the Public Works Director dated
November 6, 1974 which recommended that an eight foot high
block wall be constructed along the boundary of the four
residential lots adjacent to the maintenance yard to main-
tain their privacy. The report outlined the necessary costs
for the project.
It was moved by Councilwoman Frankiewich and seconded by
Councilman Kanel to authorize the construction of a block
wall as described herein and authorize the transfer of
$2,500.00 from the professional services account, #10-41624-
189 to the materials account, #10-41624-110, to cover the
cost of materials. The motion was unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich, Harvey,
and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
Kanel
CONSIDERATION OF SUBMITTAL OF STREET IMPROVEMENT PROJECT FOR
FAU FUNDS: The City Manager presented a report from the
Public Works Director dated November 7, 1974 recommending
that street improvements at the intersection of Katella
and Siboney be submitted for FAU funding. The report indi-
cated that Gas Tax Funds for the City's share of the project
are included in the 1974/75 budget and also outlined funding
sources.
It was moved by Councilwoman Frankiewich and seconded by
Councilman Kanel to adopt the following Resolution by title
only, title as follows:
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City Council
Minutes
November 12, 1974
RESOLUTION NO. 1544
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE
WITHIN THE FEDERAL AID URBAN THREE YEAR (F.Y.
1973-1974, 1974-1975, 1975-1976) PROGRAM THE
DEVELOPMENT OF KATELLA AVENUE.
The motion was unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEN: Frankiewich,
and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
Harvey, Kanel
CONSIDERATION OF REPORT OF "NO PARKING" ON CITY STREETS: The
City Manager presented a report dated November 8, 1974 which
transmitted the results of the newsletter survey regarding
the overnight parking restriction. It indicated the Advisory
Traffic Committee will be considering this matter at its
November 15 meeting and will submit a recommendation for the
November 25 Council meeting.
Hearing no objections, Mayor Lacayo moved to receive and
file the "No Parking" report.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR
WARRANTS NO. 36825-36950: It was moved by Councilwoman
Frankiewich and seconded by Councilman Kanel to approve the
Commercial Warrant List for Warrants #36825 through 36914
in the total amount of $772,277.91 and the List for Warrants
#36915 through 36950 in the total amount of $172,635.34.
The motion was unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEN: Frankiewich, Harvey, Kanel
and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
CONSIDERATION OF AN ORDINANCE HE: DOG CONTROL: The City
Manager presented a report from the Recreation and Park
Director dated November 7, 1974 pertaining to dog control
on public parks.
With the consent of the Council, the Mayor ordered the fol-
lowing Ordinance read by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS AMENDING CHAPTER 3 OF THE CYPRESS CITY
CODE TO ADD SECTION 3-2 THERETO PERTAINING TO
DOG CONTROL.
It was moved by Councilwoman Frankiewich and seconded by
Councilman Kanel to approve the first reading of the Ordinance.
The motion was unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Frankiewich, Harvey, Kanel
and Lacaye
None
Sonju
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Qity Council Minutes
November 12, 1974
CONSIDERATION OF ADOPTION AND APPROVAL OF A RESOLUTION RE:
1974 STATE PARK BOND ACT GRANT FUNDS: The City Manager
presented a report from the Recreation and Park Director
dated November 7, 1974 regarding the State Park Bond Funds
and transmitted to the Council a resolution to provide for
the execution of an agreement between the City and State
Department of Parks and Recreation for the acquisition of
the grant funds.
It was moved by Councilman Harvey and seconded by Council-
woman Frankiewich to adopt the following Resolution by title
only, title as follows:
RESOLUTION NO. 1545
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, APPROVING AND PROVIDING FOR THE EXECUTION
OF A PROJECT AGREEMENT FOR STATE BEACH, PARK,
RECREATIONAL AND HISTORICAL FACILITIES BOND ACT
OF 1974, PROJECT #619.0-30-0006, OAK KNOLL PARK,
BY AND BETWEEN THE CITY OF CYPRESS AND THE STATE
OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION°
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
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR
WARRANTS #224-229 & 3716-3746: It was moved by Councilwoman
Frankiewich and seconded by Councilman Kanel to approve the
Recreation and Park District Commercial Warrant List for
Warrants #224 through 225 and 3716 through 3731 in the total
amount of $611,238o41 and the List for Warrants #226 through
229 and 3732 through 3746 in the total amount of $699,016.48.
The motion was unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Frankiewich, Harvey, Kanel
and Lacayo
None
Sonju
CONSIDERATION OF LEFT-TURN POCKET ON BALL ROAD AT JUANITA:
Councilman Harvey stated that, from his observations, it
appeared there is a heavy volume of traffic at the Ball Road/
Juanita Street intersection created by motorists traveling
to Cypress High School on Valley View, Cypress College, and
the apartments on Juanita Street, and he requested that the
staff investigate placing a left turn pocket from Ball Road
north to Juanita.
It was moved by Councilman Harvey, seconded by Mayor Lacayo
and unanimously carried to refer this matter to the Advisory
Traffic Committee with the recommendation that they consider
placing a left turn pocket for east bound traffic on Ball Road
turning north onto Juanita and submit a report for the next
regular meeting including traffic counts and accident
statistics~
Councilwoman Frankiewich inquired about the possibility and
costs involved in providing for a left-turn signal movement
for east bound Ball Road traffic turning north at Valley View.
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City Council Minutes
November 12, 1974
The staff indicated it would make a study of the intersection
with the possibility of a left-turn movement included as a
capital improvement project and submit a report to the Council
within 60 days.
PRESENTATION OF THE 1974 HOUSING & COMMUNITY DEVELOPMENT ACT:
The staf£ made a slide presentation prepared by the National
League of Cities which summarized the 1974 Housing and Com-
munity Development Act and requirements for cities to apply
for block grants.
CONSIDERATION OF EMPLOYER-EMPLOYEE NEGOTIATIONS: The City
Manager presented a report dated November 8, 1974 regarding
this matter and the Mayor announced it would be considered
in an Executive Session.
EXECUTIVE SESSION:
Mayor Lacayo called for an Executive Session at 5:45 p.m. for
matters of personnel. The meeting was called back to order at
6:15 p.m. with all Councilmen, except Councilwoman Sonju, present.
RECESS:
Mayor Lacayo recessed the meeting at 6:15 p.m. until 7:30 p.m.
CALL TO ORDER:
Mayor Lacayo called the regular meeting of the Cypress City
Council back to order at 7:40 p.m. in the Cypress City Council
Chambers with the following Councilmen present:
PRESENT: Councilmen Frankiewich, Harvey, Kanel
and Lacayo
ABSENT: Councilwoman Sonju
Also present were City Manager/City Clerk Darrell Essex, City
Attorney John Murphy, and the following members of the City
Staff: Charkow, Duke, Dunlap, Hawley and Schatzedero
PLEDGE OF ALLEGIANCE: Councilman Kanel led the pledge to the flag.
ORAL COMMUNICATIONS: No oral communications were presented at
this time.
The City Manager reviewed the actions of the City Council during
the afternoon session.
PRESENTATION OF COMMUNITY SERVICE PLAQUES: Mr. Jim Lockridge,
president of the Cypress Junior Chamber of Commerce and Cypress
Jaycees, introduced former Miss Cypress Nina Marmet and the
Mayor presented her with a community service plaque. Mr.
Lockridge also introduced Miss Candy Hammer, Miss Cypress ~or
1975.
Mayor Lacayo announced that Item No. 15, continuation of con-
sideration of ordinance regarding campaign expenditure limita-
tions, and Item No. 16, consideration of smoking policy in the
City Council Chambers, would be continued to the next regular
Council meeting since they had been requested to be placed
on the agenda by the absent Council member.
City Council Minutes
November 12, 1974
CONSIDERATION OF PORNOGRAPHIC MATERIALS ORDINANCES: General
discussion continued concerning the two ordinances to regulate
the sale of pornographic publications. Councilman Kanel spoke
in support of their adoption and felt the restriction of porno-
graphic magazines on private property was necessary and defendable.
He indicated that persons had to shop for necessities at these
stores and they, as well as minors, were being assaulted by
the open display of pornographic magazines. Councilman Harvey
supported the ordinances and inquired about the City's legal
costs if the ordinances are challenged. Mayor Lacayo stated
he felt the ordinances would not be challenged by residents in
the community but by outside interests. The City Attorney
responded to questions regarding the experience of other cities
in upholding similar ordinances, legality of enforcing the
ordinances, litigation costs in the event of violations and
the possibility of obtaining support from other cities if
a lawsuit arises.
With the Council's consent, the Mayor ordered both ordinances
read by title only.
It was moved by Councilman Kanel and seconded by Councilman
Harvey to approve the first reading of the following Ordinance,
title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS ADDING ARTICLE III TO CHAPTER 24 OF THE
CODE OF THE CITY OF CYPRESS PROHIBITING THE
DISPLAY OF CERTAIN MATERIALS IN THE PUBLIC
RIGHTS OF WAY.
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 Councilwoman
Frankiewich to approve the first reading of the following
Ordinance, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, ADDING SECTIONS 17-13
THROUGH 17-15 TO CHAPTER 17 "OFFENSES -
MISCELLANEOUS" OF THE CODE OF THE CITY OF
CYPRESS REGULATING THE DISPLAY OF CERTAIN
MATTER TO MINORS.
The motion was unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
i COUNCILMEN:
Frankiewich, Harvey, Kanel
and Lacayo
None
Sonju
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City Council Minutes
November 12,
1974
Councilman Kanel reported that he had received several citizen
complaints regarding speeding traffic on Marion Avenue between
Denni Street and Bloomfield and he asked that the staff inves-
tigate this and report back at the next regular meeting.
ORAL COMMUNICATIONS: Mayor Lacayo inquired if anyone wished
to speak in regard to any matter not on the agenda. There
was no one who wished to address the Council.
EXECUTIVE SESSION:
M~yor Lacayo called for an Executive Session at 8:25 p.m. to
discuss matters of personnel. The meeting was called back
to order at 9:20 p.m. with all Councilmen, except Councilwoman
Sonju, present.
ADJOURNMENT:
It was moved by Councilwoman Frankiewich, seconded by Council-
man Kanel and unanimously carried to adjourn the meeting at
9:20 p.mo to Monday, November 18, 1974 at 7:30 p.m.
MAYO~F' T /CIT/y OF CYPRESS
ATTEST:
CITY CLERK~0F THE C/ITY OF CYPRESS
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