Minutes 75-07-28MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
July 28, 1975
The regular meeting of the Cypress City Council was called
to order at 4:21 p.m. on Monday, July 28, 1975 in the
Cypress City Council Chambers, 5275 Orange Avenue, Cypress,
California, Mayor Alice Frankiewich presiding.
PRESENT:
ABSENT:
Councilmen Frankiewich and Kanei
Councilmen Harvey, Laeayo and Sonju
Also present were City Manager/City Clerk Dartell Essex,
City Attorney John Murphy, and the following City Staff
members: Bryant, Charkow, Duke, Dunlap, Hawley, Osborn
and Schatzeder.
PRESENTATION OF EMPLOYEES' SERVICE PINS: Mayor Frankiewich
presented a ten year service pin to Thomas McElroy, an
employee in the Maintenance Division and operator of the
City's water truck.
Due to the lack of a quorum, Mayor Frankiewich adjourned
the meeting at 4:25 p.m. to the Cypress Community Center
for the purpose of holding a joint meeting with the
Cypress Chamber of Commerce.
Mayor Frankiewich called the meeting of the Cypress City
Council back to order at 4:40 p.m. in the Cypress Community
Center, 5700 Orange Avenue, Cypress, with the following
Councilmen present:
PRESENT:
ABSENT:
Councilmen Kanel, Lacayo and Frankiewich
Councilmen Harvey and Sonju
Members of the Chamber of Commerce who were present were
the Board of Directors and the Chamber Manager, Daryle Ellwart.
The City Manager presented a letter to the Chamber of Commerce
from the City staff requesting a rematch of the softball
game held at the Family Day picnic on July 26.
Chamber President Ron Jamieson presented the Council with
a breakdown of Chamber activities for January through June
1975, a list of Chamber task forces, a cost breakdown for
the May Festival, list of new Chamber membership, a break-
down of the Chamber Manager's time, and records of receipts
and disbursements as of December, 1974 and June, 1975o The
President elaborated on these reports.
COUNCILWO~IAN SONJU ARRIVED AT 5:00 P.M.
Mr. Jamieson indicated that his personal goals for the
Chamber had changed in direction but not from a financial
standpoint. He listed his five goals as: (1) improve
community identity; (2) set up an advertising campaign
to attract and advertise throughout Southern California
for new commercial businesses; (3) establish an on going
industrial development program; (4) establish a program
to incorporate businesses located in County islands into
the City of Cypress; and (5) improve communication between
the Chamber and City Council and City Staff. Mr. Jamieson
City Council Minutes July 28, 1975
stated he intended to form task forces to work to accomplish
these goals. He reported that he was forming a committee
to develop business in Cypress which should be implemented
in about a month and he recommended that the action of the
various committees be transmitted to the Council through
meetings with the City Manager or directly with the City
Council. The Chairmen of the Harvey Property Study,
Lincoln Avenue and May Festival Task Forces and Mr.
Hilliard Warren of the Legislative Action Task Force
reported on the actions and progress of their committees.
Mr. Jamieson reported that one member of the legislative
action committee studies and makes a recommendation
to the Board on legislation which affects the City and
the Board then tries to take action. The City Manager
asked that copies of the minutes of the Chamber committees
be transmitted to the staff. Mr. Henry Roberts, chairman
of the Harvey Property Study Task Force, felt the major
accomplishment of the committee was to provide a forum
for all interested parties to discuss their ideas.
He stated the committee felt it was inappropriate to make
a recommendation after the City changed its direction and
decided not to consider a specific development plan. He
recommended that the Chamber continue to be a forum.
Councilman Lacayo felt it was important to have the input
from this Chamber committee in addition to the Industrial/
Commercial Development Commission. Mr. Alex Bell reported
on progress of the Lincoln Avenue Action Committee and
stated the property owner members had not yet agreed on
a proposal to be presented to the Council regarding the
setback and signing standards. He felt a setback proposal
could be presented to the Council within 60 days and the
sign proposal soon afterwards. Manager Daryle Ellwart
reported on the action of the ~embership Task Force and
stated this committee had held six small business seminars
and was scheduling a membership drive. She reported on
the schedule of dues charged various businesses and reported
that the committee had contacted five publishers regarding
the publication of a Cypress fact book, listing community
businesses. The Chamber President reported on the success
of the May Festival and indicated that the regular carnival
booths had netted at least $1,000 based on a percentage
of sales. He felt many community organizations were un-
willing to pay the cost for a booth since this was a new
event in the City. The Chamber agreed to provide the
Council with a monthly recap of receipts and expenditures.
RECESS:
Mayor Frankiewich recessed the meeting at 6:15 p.m. unt~
7:30 p.m. in the Cypress City Council Chambers.
CALL TO ORDER:
Mayor Frankiewich called the 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 Kanel, Lacayo, Sonju and
Frankiewich
ABSENT: Councilman Harvey
Also present were Darrell Essex, City Manager/City Clerk,
John Murphy, City Attorney, and the following members of
the City Staff: Bryant, Charkow, Dunlap, Hawley, Osborn,
Robertson and Schatzeder.
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City Council Minutes July 28, 1975
PRESENTATIONOF BICENTENNIAL FLAG BY CYPRESS JR. WOMEN'S
CLUB: Mrs. Mary van den Raadt, Chairman of the History
Committee of the Bicentennial Committee, introduced Mrs.
Janice Wymer who, on behalf of the Junior Women's Club,
presented a Bicentennial flag to the Council. Mrs. Wymer
gave a brief history of the flag.
PLEDGE OF ALLEGIANCE: Members of the Camp Fire Girls led
the pledge to the flag.
Mrs. Wymer also introduced Mrs. Janet Woods, president of
the Cypress Jr. Women's Club.
PRESENTATION OF COMMUNITY SERVICE PLAQUES: Mayor Frankiewich
presented a community service plaque to out-going Recreation
and Park Commissioners Janet Spurgeon and Leona Ritchie,
thanking them for their valuable service to the community.
Mayor Frankiewich also presented a ten year employees'
service pin to Public Works Director Art Schatzeder.
At the request of the City Manager, Mayor Frankiewich
added Item #36 to the agenda regarding a personnel ruling
on the appeal of Police Agent Dwight Massey; Item #37
regarding an appointment to the Orange County Health
Planning Council; item #38 regarding the City Council
meeting time, and Item #39 regarding the appointment of a
youth commissioner to the Recreation and Park Commission.
Also placed on the agenda was a matter regarding the animal
control contract.
MINUTES:
It was moved by Councilman Lacayo, seconded by Councilman
Kanel and unanimously carried to approve the June 30,
July 8 and July 14, 1975 minutes, with Councilman Kanel
abstaining on the June 30 minutes and Councilmen Sonju
and Lacayo abstaining on the July 8 minutes.
ORAL COMMUNICATIONS: Mayor Frankiewich inquired if anyone
wished to speak in regard to any matter not on the agenda.
No one wished to speak at this time.
At Councilman Kanel's request, Item #31, consideration of
review of fees and charges for use of the Cypress Community
Center, was taken out of order°
Councilman Kanel recommended that this matter be continued
to the next meeting and that the staff notify all community
organizations that this matter will be under consideration
at the next Council meetjn~ in order to obtain their input.
It was moved by Councilman Kanel, seconded by Councilwoman
Sonju and unanimously carried to continue consideration of
the review of the fees and charges for use of the Community
Center to the August ll meeting, direct the staff to notify
and request participation of community organizations at
the meeting and transmit to them a copy of the staff reports.
CONSIDERATION OF PUBLIC t~ARING RE: PUBLIC NUISANCE, 6752
JONATHAN AVENUE~ CYPRESS: Mayor Frankiewich announced that
this was the time and place for the public hearing to con-
sider a public nuisance located at 6752 Jonathan Avenue~
Cypress. She asked for tile staff's report.
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City Council Minutes July 28, 1975
The City Clerk asked that those persons wishing to testify
in the hearing stand and be sworn in. The City Clerk swore
in Mr. Art Schatzeder, Public Works Director~ and Hr. Ernest
Holden.
The Public Works Director summarized a report dated July
23 which described conditions on the property which the
staff felt constituted a public nuisance. They included
the storage of lumber, trash, rubbish, automobile parts,
discarded furniture, construction equipment, and an in-
operative motorcycle and Model A car. He reported that
some of the items in the front yard and parkway are readily
accessible to children and the gate to the rear yard is
frequently left open which presents another invitation to
children to enter the property. He reported that several
complaints were received from neighbors regarding condi-
tions on the property and that the property was declared
a public nuisance on two previous occasions. The Public
Works Director presented slides illustrating conditions on
the property. The staff recommended that the Council adopt
a resolution declaring the property to be a public nuisance.
Mayor Frankiewich declared the public hearing open and asked
if anyone wished to speak in support of the nuisance abate-
ment.
Mr. Ernest Holden, 10711Ritter Street, Cypress, stated he
has been a resident two doors away from the subject property
for the past 12 years and the property has been in this
condition or worse during this time° He felt the owner
was conducting a home repair business since at times there
has been six or seven hundred pieces of wood extending out
into the sidewalk and four or five trucks on the property.
He stated other building materials such as doors and sinks
have been stored in the front yard. He reported that
children have taken materials from the front yard and forced
them down the storm drain and the City has had to remove
the materials. He stated he has observed other persons
driving their trucks on the property and exchanging building
materials.
Mayor Frankiewich asked if anyone wished to speak in opposi-
tion to the nuisance abatement. There was no one who wished
to speak in opposition.
It was moved by Councilman Lacayo, seconded by Councilman
Kanel and unanimously carried to close the public hearing.
It was moved by Councilman Kanel and seconded by Council-
woman Sonju to adopt the following Resolution by title only,
title as follows:
RESOLUTION NO. 1625
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS FINDING AND DECLARING CERTAIN PRE~ISES
WITHIN THE CITY TO BE A NUISANCE~ AS DEFINED IN
ARTICLE III OF CHAPTER 13 OF THE CYPRESS CITY
CODE, AND ORDERING THE ABATEMENT OF THE SAME BY
TH]E OWNER THEREOF.
The motion was unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEN: Kanel, Lacayo,
Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Harvey
Sonju and
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City Council Minutes
July 28, 1975
CONSIDERATION OF ANIMAL CONTROL CONTRACT: The City Manager
reported that the City was made aware by the Cypress Post-
master of an ordinance recently adopted by the Board of
Supervisors which would allow dogs to be on private property
without a leash. The Cypress Post Office expressed concern
with the new ordinance especially since several mail carriers
had recently been attacked by dogs. The Post Office was
informed by the County Animal Control office that the County
was unable to pick up the dogs according to the new ordinance
since they were on private property. The City Manager
reported that the City of Cypress contracted with the County
for animal control services and in order to receive local
enforcement the City was required to adopt the ordinances
and amendments adopted by the County.
Mr. Lowell Fink, Cypress Postmaster~ reported that if
the Post Office encounters problems with dogs, it may
discontinue mail service until the problem is resolved.
He stated that County Animal Control was unable to pick
up a dog if it attacks a carrier if the dog is in the
owner's yard or a neighbor's yard and no protest is made.
He stated the Post Office became aware of the new ordinance
when it called the County Animal Control in response to
the recent attacks on carriers.
Councilman Kanel recommended that the staff investigate
private animal control services°
It was moved by Councilman Lacayo~ seconded by Council-
woman Sonju and unanimously carried to direct the City
Manager to communicate the City Council's opposition to
the new animal control ordinance to the Board of Super-
visors and direct the staff to investigate private animal
control services.
CONSIDERATION OF AWARD OF CONTRACT FOR 2,000 TONS OF
AGGREGATE BASEt REQUEST FOR QUOTATION #7576-01: The City
Manager presented a report dated July 24 from the Finance
Director which indicated bids were requested from six
vendors but only one bid was received.
It was moved by Councilman Kanel and seconded by Council-
woman Sonju to accept the bid from John B. Ewels Company
as the lowest responsible bid and award him the annual
contract in an amount not to exceed $7,000.00. The motion
was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: I COUNCILMEN:
Kanel, Lacayo, Sonju and
Frankiewich
None
Harvey
CONSIDERATION OF AWARD OF CONTRACT FOR WEED ABATEMENT FOR
FISCAL YEAR 1975/76: The City Manager presented a report
from the Public Works Director dated July 28 which outlined
the three bids received for the annual weed abatement program.
The report indicated that, although the low bidder has not
previously worked for the City, they were investigated
through various governmental agencies and were found to
have good equipment, to be well qualified and do good work.
It was moved by Councilman Lacayo and seconded by Council-
woman Sonju to determine that Elco Corporation is the lowest
responsible bidder and award the contract for the 1975/76
Weed Abatement Program to the Elco Corporation, 344 East
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~'~ ' City Council Minutes July 28, 1975
20th Street, Carson, California, in the amount of $30,932.00.
The motion was unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Kanel, Lacayo, Sonju and
Frankiewich
None
Harvey
The City Manager reported that Mr. Harry ~elcher, property
owner at 5232 Marcella Avenue, was in the audience and
wished to request an extension of time in which to complete
the nuisance abatement work on his property.
The Public Works Director reported that an inspection was
made of the property this morning and the owner was making
an effort to complete the work himself and that the work
required was 70 percent complete. He stated there were
a few windows which still had broken glass but the work
was substantially completed.
It was moved by Councilwoman Sonju, seconded by Councilman
Lacayo and unanimously carried to add this matter to the
agenda and adopt the following Resolution by title only,
title as follows:
RESOLUTION NO. 1626
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS GRANTING AN EXTENSION OF TIME FOR
ABATEMENT OF NUISANCE ON CERTAIN PREMISES
WITHIN THE CITY.
The motion was unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: i COUNCILMEN:
Kanel, Lacayo, Sonju and
Frankiewich
None
Harvey
CONSENT CALENDAR: Mayor Frankiewich 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. She asked if any Councilman
wished to remove an item. No one wished to remove an item.
It was moved by Councilman Lacayo, seconded by Councilwoman
Sonju and unanimously carried to approve Items #6 through
18 on the Consent Calendar.
Item #6: Consideration of a Resolution Authorizing the
City Manager to Execute the Agreement between the City and
the State of California for the Preparation of a Population
Estimate.
Recommendation: That the City Council adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 1627
A RESOLUTION OF THE CITY COUNCIL OF ~tE CITY
OF CYPRESS AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE STATE DEPARTMENT
OF FINANCE FOR THE PREPARATION OF A POPULATION
ESTIMATE.
City Council Minutes
July 28, 1975
The motion was unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEN: Kanel, Lacayo, Sonju and
Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Harvey
Item #7: Consideration of an Application for an Alcoholic
Beverage License for Type "42" On Sale Beer and Wine Sales
at The Cypress Inn, 5731 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item #8: Consideration of a Memorandum of Lease between
the City of Cypress and the County of Orange for Portions
of the Civic Center Site to be used for the Cypress Branch
Library.
Recommendation: That the City Council, pursuant to Govern-
ment Code Section 37380, approve the Memorandum of Lease
of the County of Orange and authorize the Mayor to sign
and the City Clerk to attest the subject lease.
Item #9: Consideration of a Claim Submitted by Rebecca Irma
Harper.
Recommendation: That the City Council officially deny the
claim of Rebecca Irma Harper and refer the matter ~o the
City's insurance carrier for appropriate action.
Item #10: Consideration of a Request for Allocation of
State Funds to Improve Holder Street Crossing Protection
at the Southern Pacific Railway, Project #7102-10-0553.
Recommendation: That the City Council adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 1628
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AUTHORIZING THE SUBMISSION OF A
REQUEST TO THE PUBLIC UTILITIES COMMISSION
FOR FUNDS FROM THE CROSSING PROTECTION FUND
FOR PROTECTION OF CROSSING NO. BBL-506.05
AT THE CROSSING OF THE SOUTHERN PACIFIC
TRANSPORTATION COMPANY AND HOLDER STREET.
The motion was unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Kanel, Lacayo, Sonju and
Frankiewich
None
Harvey
Item #11: Consideration of City Manager Vacation Request.
Recommendation: That the City Council approve the vacation
request of the City Manager commencing on Monday, August 4
and ending Friday, August 29, 1975.
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City Council Minutes July 28, 1975
Item #12: Consideration of a Request from the University
of Southern California to Proclaim September 1975 as "USC
Traffic Safety Center Month."
Recommendation: That the Mayor and City Council proclaim
the month of September as USC Traffic Safety Center Month
in the City of Cypress.
Item #13: Consideration of Repealing Sub-sections A and B
of Section I of Resolution 1604, Establishment of "No
Parking" Areas, 7:00 a.m. to 6:00 p.m.
Recommendation: That the City Council approve:
That the Bloomfield Street bus stop north of Via
Ingresso have the full time parking restriction reduced
to 7:00 a.m. to 6:00 p.m., Monday through Saturday,
with the length of the restriction to remain the same
80 feet.
The Orange Avenue bus stop be moved to 230 feet east
of Bloomfield and that the time restriction be reduced
to 7:00 a.m. to 6:00 p.m. and that the length of the
"No Parking" area be increased to a minimum of 100
feet to facilitate bus turning movements.
3. Adopt the following Resolution by title only, title
as follows:
RESOLUTION NO. 1629
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS REPEALING SUB-SECTIONS A AND B OF
SECTION 1 OF RESOLUTION NO. 1604 AND ESTAB-
LISHING "NO PARKING" AREAS, 7:00 AoM. TO 6:00 P.M.
The motion was unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEN: Kanel, Lacayo,
Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Harvey
Sonju and
Item #14: Consideration of Tentative Tract Map #8952.
Recommendation: That the City Council approve the Tentative
Tract Map as submitted, subject to the conditions of approval
as recommended by the Planning Commission.
Item #15: Consideration of Authorization of an Increase in
Purchase Order 14918 for Installation of Waterproof Coating.
Recommendation: That the City Council approve the increase
in Purchase Order #14918 to Donnelly & Barnett Equipment
Company (Sub-Contractor G. W. Maintenance Inc., 1061 E.
Sixth Street, Santa Ana) in the amount of $425.
Item #16: Consideration of Authorization of an Increase in
Purchase Order 14821 for Slurry Seal.
Recommendation: That the City Council authorize the increase
in Purchase Order #14821 in the amount of $3,712.50.
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City Council Minutes
July 28, 1975
Item #17: Consideration of Approval of Plans and Specifi-
cations for Street Sweeping Contract and Authorization to
Advertise for Bids.
Recommendation: That the City Council approve the plans
and specifications for street sweeping contract and author-
ize the City Clerk to advertise for bids, with bid opening
on August 19, 1975 at 10:00 a.m. in the office of the City
Clerk.
Item #18: Consideration of Approval of Plans and Specifi-
cations for Traffic Signal Maintenance and Authorization
to Advertise for Bids.
Recommendation: That the City Council approve the plans and
specifications for Traffic Signal Maintenance and authorize
the City Clerk to advertise for bids, with bid opening at
10:00 a.m. on August 26, 1975 in the office of the City Clerk.
CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE INDUS-
TRIAL/COMMERCIAL DEVELOPMENT COMMISSION: The City Manager
presented a report dated July 24 which recommended that
the Council confirm the appointments of the following
persons to the Commission: Daryle Ellwart and Henry
Livingston of the Chamber of Commerce, W. J. Reeves of
the Southern Pacific Transportation Company, James Sumrow
of the Southern California Edison Company, Louis Warshaw
representing the Arlan Company, and Mrs. Frank Vessels
representing the Los Alamitos Race Track.
It was moved by Councilwoman Sonju, seconded by Councilman
Lacayo and unanimously carried to confirm the appointments
as recommended to the Industrial/Commercial Development
Commission.
CONTINUATION OF CONSIDERATION OF A PROPOSED ORDINANCE
AMENDING THE PERSONNEL SYSTEM AND ESTABLISHING RULES AND
REGULATIONS FOR EMPLOYEES: The City Manager presented a
report regarding this matter dated July 24.
It was moved by Councilman Kanel, seconded by Councilwoman
Sonju and unanimously carried to continue consideration of
the Personnel System and Establishment of Employees' Rules
and Regulations to the August ll Council meeting.
CONTINUATION OF CONSIDERATION OF PROPOSED POSITION CLASS-
IFICATION PLAN AND SALARY RESOLUTION AMENDMENTS: The City
Manager transmitted a report dated July 24 which outlined
amendments to the Position Classification Plan and trans-
mitted new salary resolutions to be in conformance with
the position classification plan amendments.
It was moved by Councilwoman Sonju and seconded by Council-
man Lacayo to adopt the following Resolutions by title
only, titles as follows:
RESOLUTION NO. 1630
A RESOLUTION OF THE CITY COUNCIL OF ~tE CITY
OF CYPRESS AND THE BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, A SUB-
SIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING
RESOLUTION NO. 975 BY ADDING CERTAIN CLASS SPECI-
FICATIONS; BY AMENDING CERTAIN CLASS SPECIFICATIONS;
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City Council Minutes
July 28, 1975
AND BY DELETING CERTAIN CLASS SPECIFICATIONS FROM
THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN
THE SERVICE OF THE CITY OF CYPRESS AND CYPRESS
RECREATION AND PARK DISTRICT.
RESOLUTION NO. 1631
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ESTABLISHING SALARIES FOR CITY
EMPLOYEES DESIGNATED AS MANAGEMENT PERSONNEL.
RESOLUTION NO. 1632
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ESTABLISHING A BASIC COMPENSATION
PLAN, ESTABLISHING SALARIES FOR CITY EMPLOYEES
PLACED UNDER THE BASIC COMPENSATION PLAN; AND
ESTABLISHING SALARIES FOR TEMPORARY AND SEASONAL
CITY EMPLOYEES NOT PLACED UNDER THE BASIC COA~-
ENSATION PLAN.
RESOLUTION NO. 50
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,
ESTABLISHING SALARIES FOR DISTRICT EMPLOYEES
DESIGNATED AS MANAGEMENT PERSONNEL.
RESOLUTION NO. 51
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,
ESTABLISHING A BASIC COMPENSATION PLAN,
ESTABLISHING SALARIES FOR MISCELLANEOUS
RECREATION AND PARK DISTRICT EMPLOYEES PLACED
UNDER THE BASIC COMPENSATION PLAN; AND ESTAB-
LISHING SALARIES FOR TEMPORARY AND SEASONAL
RECREATION AND PARK DISTRICT EMPLOYEES NOT
PLACED UNDER THE BASIC COMPENSATION PLAN.
The motion was unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Kanel, Lacayo, Sonju and
Frankiewich
None
Harvey
CONTINUATION OF CONSIDERATION OF A REPORT ON THE TRAFFIC
CONDITION AT THE LOS ALAMITOS RACE TRACK: The City Manager
presented a report dated July 24 which transmitted a
communication from Mayor Cox of Los Alamitos requesting
the City of Cypress to contribute towards the policing of
traffic created by the Los Alamitos Race Track.
It was moved by Councilman Lacayo and seconded by Mayor
Frankiewich to authorize the City Manager to meet with
the Los Alamitos Mayor and City Manager and a representative
of the Los Alamitos Race Track in order to resolve the
traffic problem at the race track.
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City Council Minutes
July 28, 1975
Councilman Lacayo felt the traffic problem was created by
the race track and not the City of Cypress and felt a
representative of the race track should be involved in the
discussions in an attempt to arrive at a compromise.
The motion was unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Kanel, Lacayo, Sonju and
Frankiewich
None
Harvey
CONSIDERATION OF PROPOSED ANNEXATION TO THE CITY OF STANTON
DESIGNATED AS ANNEXATION NO. 77: The City Manager presented
a report dated July 24 which indicated a hearing was
scheduled for August 13 before the Local Agency Formation
Commission to consider the annexation of a 20 acre triangu-
lar piece of unincorporated County territory located on
the west side of Knott Avenue, north of Katella. A hearing
was also scheduled for September 10 to consider an amend-
ment to the spheres of influence of Stanton and Cypress to
include this property within Stanton's sphere of influence.
It was moved by Councilman Kanel and seconded by Mayor
Frankiewich to direct the staff to attend the hearings
and oppose the proposed Annexation No. 77 to the City of
Stanton and the change of the property to the City of
Stanton's sphere of influence. The motion carried by the
following roll call vote:
AYES: 2 COUNCILMEN: Kanel and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: i COUNCILMEN: Harvey
ABSTAINING: 2 COUNCILMEN: Lacayo and Sonju
CONSIDERATION OF APPROPRIATION OF 1974-75 ENCUMBRANCES AND
REAPPROPRIATION OF UNFINISHED CAPITAL PROJECTS: The City
Manager presented a report from the Finance Director dated
July 24 which recommended that the Council appropriate
funds encumbered in 1974/75 to the 1975/76 budget to allow
for payment of bills and for funding of capital projects
which were carried over from the last fiscal year.
The report indicated
that the City change
to modified accrual.
that the City's auditor recommended
its basis of accounting from cash
It was moved by Councilman Lacayo and seconded by Council-
woman Sonju to authorize appropriations according to the
Staff report for encumbrances and capital projects totaling
$60,581.71; and authorize a blanket appropriation for all
expenditures required due to conversion of the City
accounting system from the cash to the modified accrual
basis. The motion was unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEN: Kanel, Lacayo,
Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Harvey
Sonju and
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City Council Minutes
July 28, 1975
CONSIDERATION OF FINAL REPORT, CYPRESS LIGHTING DISTRICT
#2t CALENDAR YEAR 1976: The City Manager presented a
report from the Public Works Director dated July 24 out-
lining the required actions which were completed to estab-
lish the 1976 tax rate. The 1976 tax rate is $.58/$100.00
assessed land valuation and is $.04 less than the maximum
rate allowed.
It was moved by Councilwoman Sonju and seconded by Council-
man Lacayo to adopt the following Resolution by title only,
title as follows:
RESOLUTION NO. 1633
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AND LEVYING ASSESSN[ENTS ON PARCELS OF LAND LOCATED
IN THAT AREA KNOWN AS CITY OF CYPRESS LIGHTING
DISTRICT NO. 2 TO PAY FOR THE COST OF THE INSTAL-
TO LIGHT SAID STREET LIGHTING SYSTEM FOR
THE PERIOD FROM JANUARY 1, 1976 THROUGH DECERSER
31, 1976 PURSUANT TO THE REPORTS OF THE CITY
ENGINEER OF SAID CITY 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: 4 COUNCILMEN: Kanel, Lacayo,
Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Harvey
Sonju and
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR
W"ARRANTS #39161-39228t 39230-39262t 39264-39292t AND
39294-39296: It was moved by Councilman Lacayo and seconded
by Councilwoman Sonju to approve the Commercial Warrant
List for Warrants #39161-39228, 39230-39262, 39264-39292,
and 39294-39296 in the total amount of $1,271,169.71. The
motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Kanel, Lacayo, Sonju and
Frankiewich
None
Harvey
CONSIDERATION OF APPROPRIATION OF PARK BOND FUNDS: The
City Manager presented a report from the Recreation and
Park Director dated July 24 which requested that appropria-
tions of park bond funds be made for the Arnold/Cypress
Park fencing - $1500, player control backdrops for baseball
fields - $2500, and telephone installation at the Community
Center - $1286.73.
It was moved by Councilman Lacayo and seconded by Councilman
Kanel that the City Council, acting as the ex officio Board
of Directors of the Cypress Recreation and Park District,
appropriate $5,286.73 from the fund balance of the Park
Bond Funds for the purchase of the items listed in the
staff report. The motion was unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Kanel, Lacayo, Sonju and
Frankiewich
None
Harvey
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City Council Minutes
July 28, 1975
CONSIDERATION OF APPROPRIATION OF 1974-75 ENCUMBRANCES AND
REAPPROPRIATION OF UNFINISHED CAPITAL PROJECTS: The City
Manager presented a report from the Finance Director dated
July 24 recommending that 1974/75 encumbered funds be
appropriated to the 1975/76 budget for payment of Recreation
and Park District bills and District capital projects
carried over from one fiscal year to the next.
It was moved by Councilman Lacayo and seconded by Council-
woman Sonju that the City Council, acting as ex officio
Board of Directors of the Cypress Recreation and Park
District, authorize appropriations according to the staff
report for encumbrances and capital projects totaling
$262,562.37; and authorize a blanket appropriation for
all expenditures required due to conversion of the City's
accounting system from the cash to the modified accrual
basis. The motion was unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEN: Kanel, Lacayo,
Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Harvey
Sonju and
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR
WARRANTS #4455-4487 AND 340-348: It was moved by Council-
man Lacayo and seconded by Councilman Kanel to approve the
Recreation and Park District Commercial Warrant List for
Warrants #340 through 348 and 4455 through 4487 in the
total amount of $1,892,001.27. The motion was unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
Kanel, Lacayo, Sonju and
Frankiewich
None
Harvey
SECOND READING OF ORDINANCE AMENDING CITY CODE RELATING
TO RECREATION AND PARK COMMISSION: Hearing no objections,
Mayor Frankiewich ordered the following Ordinance read by
title only, title as follows:
ORDINANCE NO. 554
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ENDING CHAPTER 2, SECTION 2-46
OF THE CYPRESS CITY CODE RELATING TO THE
RECREATION AND PARK COMMISSION.
It was moved by Councilman Lacayo and seconded by Council-
woman Sonju to adopt Ordinance No. 554. The motion was
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Kanel, Lacayo,
Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Harvey
Sonju and
SECOND READING OF ORDINANCE AMENDING CITY CODE RELATING
TO SALE OF FIEWOES: Hearing no objections, the Mayor
ordered the following Ordinance read by title only, title
-13-
City Council Minutes July 28, 1975
as follows:
ORDINANCE NO. 555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING SUBDIVISION (4) OF SUB-
SECTION (D) OF SECTION 5-2 OF THE CODE OF THE
CITY OF CYPRESS RELATING TO THE SALE OF
FIREWORKS.
It was nDved by Councilwoman Sonju and seconded by Council-
man Lacayo to adopt Ordinance No. 555. The motion was
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Kanel, Lacayo, Sonju and
Frankiewich
NOES: 0 COUNCIL~N: None
ABSENT: 1 COUNCILMEN: Harvey
CONSIDERATION OF PERSONNEL RULING ON THE APPEAL OF POLICE
AGENT DWI~tT MASSEY: The City Manager presented a report
dated July 28 which transmitted the ruling of the State
Hearing Officer determined after hearings held June 3
and June 17 on the appeal of Police Agent Dwight Massey
from his layoff in February, 1975. The decision of the
hearing officer was to deny the appeal of Agent Massey
from his layoff.
Mayor Frankiewich inquired if Mr. Massey or his represen-
tative wished to make a presentation to the Council in
regard to the proposed decision. No one appeared to speak
on behalf of Mr. Massey.
The City Manager reported that he had received today a
communication from an attorney representing Mr. Massey
indicating that Mr. Massey's personal attorney had
received notice of the hearing officer's ruling and notice
that this matter would be on the Council's agenda this
evening and that the attorney was on vacation and could
not appear at tonight's meeting.
It was moved by Councilwoman Sonju and seconded by Council-
man Kanel that the City Council concur in the proposed
decision of the State Hearing Officer, adopt said decision
as its decision in the matter of the appeal of Dwight
Massey, and deny said appeal of Dwight Massey from his
layoff from his position of Police Agent for the City of
Cypress. The motion was unanimously carried by the fol-
lowing roll call vote:
AYES: 4 COUNCILMEN: Kanel, Lacayo,
Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Harvey
Sonju and
CONSIDERATION OF CITY COUNCIL MEETING TIME: Councilwoman
Sonju recommended that the regular starting time for
Council meetings be set at 6:30 p.m. Councilman Lacayo
recommended that Council meetings be adjourned at ll:30
p.m. except in cases of urgency. The Council further
directed the City Clerk to call City Council meetings to
order at 4:00 p.m. and adjourn them until 6:30 p.m. for
lack of a quorum until the ordinance change takes effect.
-14-
City Council Minutes
July 28, 1975
It was moved by Councilwoman Sonju and seconded by Council-
man Lacayo to direct the staff to initiate the ordinance
change to provide that City Council meetings are called
to order at 6:30 p.m. and adjourned at 11:30 p.m. unless
a majority of the City Council determines not to adjourn
the meeting at that time in order to consider matters of
urgency. The motion was unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: I COUNCILMEN:
Kanel, Lacayo, Sonju and
Frankiewich
None
Harvey
CONSIDERATION OF APPOINTMENT OF YOUTH COMMISSIONER TO
RECREATION & PARK COMMISSION: The City Manager reported
that he had received limited responses to the request for
applicants for Youth Commissioner on the Recreation and
Park Commission. The Council suggested that notices in-
viting applicants be posted in high schools and the college
when school starts in September.
The Council agreed to continue consideration of the appoint-
ment of a Youth Commissioner to the September 8 meeting.
Mayor Frankiewich suggested that the Council may wish to
hold a meeting with representatives of the school districts
serving Cypress to discuss matters of mutual concern.
It was moved by Councilman Lacayo, seconded by Council-
woman Sonju and unanimously carried to direct the City
Manager to poll the Council for topics of discussion with
the school districts and place this matter on the August ll
agenda.
Councilwoman Sonju asked the staff to investigate and
prepare a report for the next meeting on the possibility
of placing banners on poles to advertise City events such
as the recent Family Day picnic. She asked for cost
figures and alternatives for such advertising.
ORAL COMMUNICATIONS: Mayor Frankiewich asked if anyone
wished to address the Council at this time.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, requested
that the City Council adopt a resolution expressing its
intent to oppose the annexation of the 20 acre triangular
piece of property located west of Knott and north of Katella
to the City of Stanton. He felt the resolution should
indicate that the City of Cypress intends to annex this
property as it is presently zoned and master planned.
Mayor Frankiewich announced that the following items would
be considered in an Executive Session: Item #26, consid-
eration of appointment to the Arts and Cultural Commission;
Item #28, consideration of employment of a consulting firm
to undertake an EIR in conjunction with a General Plan
amendment for the Harvey property; and Item #37, consid-
eration of appointment to the Orange County Health Planning
Council.
EXECUTIVE SESSION:
Mayor Frankiewich called an Executive Session for matters
of personnel at 9:25 p.m. The meeting was called back to
order at 9:40 p.m. with all Councilmen present except
Councilman Harvey.
-15-
City Council Minutes July 28, 1975
In regard to Item #26, the City Manager presented a report
dated July 24 which indicated Arts and Cultural Commissioner
Don Galloway's term of office expired on July 24, 1975 and
that he was interested in being reappointed to the Commission.
Mayor Frankiewich announced that Commissioner Galloway was
entitled to serve a four year term pursuant to Ordinance
No. 547 and, hearing no objections, she ordered the report
received and filed.
Regarding Item #37, Mayor Frankiewich announced that the
City would advertise in the newspapers and City newsletter
for persons wishing to serve on the Orange County Health
Planning Council and that the City's representative, Mrs.
Vicki Van Allen, would continue to serve until reappointed
or until a new member is appointed.
In regard to Item #28, the Mayor announced that the City
would advertise for persons interested in serving on the
Citizens' Committee to review the EIR for the Harvey
property and that the Council was directing the staff
to obtain additional proposals for the preparation of
the environmental impact report for the Harvey property.
She stated this matter would be continued to the August
ll meeting.
Regarding the request for Council action by Mr. Hardcastle
on the 20 acre triangular property, the Mayor announced
that the intent of the Council's action on Item #24 is
that the City wishes to annex this property since it is
within the City of Cypress sphere of influence and this
is to be understood and will be part of the City's presen-
tation before the LAFCO hearings on this matter.
Mr. Karl Mazzeo, 9949 Madrid Circle, Cypress, asked what
criteria was used by the City staff in making their rec-
ommendation for the hiring of a consultant to prepare
the EIR for the Harvey property. He questioned how the
recommendation was made based on the limited information
available to the staff and fact that there was no defini-
tion of the project. He indicated that his firm had
submitted a statement of qualifications for the preparation
of the EIR.
Councilman Kanel stated he wished to review the material
sent out by the staff to the consultants requesting pro-
posals and the specifications which would be sent out.
The Planning Director stated that the staff had contacted
several firms by telephone and their recommendation was
based on criteria which they felt was expressed in the
Council's July 14 discussion of this matter. The staff
felt the Council indicated a desire to proceed with the
program as quickly as possible which was the reason for
the recommendation being made at this time. The Planning
Director stated he felt he was familiar enough with the
scope of the program, the property itself and the City
resolution regarding implementation of the objectives of
the environmental requirements to discuss this matter with
firms he felt were capable and qualified to perform the
work.
-16-
City Council Minutes
July 28, 1975
The Council indicated its desire to review all proposals
which are submitted for the preparation of the EIR and
advised Mr. Mazzeo that the Council and not staff would
be making the selection of the consultant.
ADJOURNMENT:
Mayor Frankiewich adjourned the meeting at 9:55 p.m.
MAYOR OF THeE CITY OF CYPRESS
ATTEST:
C~TY CL~RK OF TH~ CITY OF CYPRESS
-17-