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Minutes 76-10-25
MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 25, 1976 The regular meeting of the Cypress City Council was called to order at 6:03 p.m. on Monday, October 25, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. P RESENT: ABSENT: Councilmen Harvey, Hudson, Lacayo & MacLain Councilwoman Sonju Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following City staff members: Bryant, Davenport, Duke, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: Mr. Essex led the pledge to the flag. Mayor MacLain requested that Chairman Mullen call the Planning Commission meeting to order. Chairman Mullen called the meeting of the Planning Commission to order at 6:05 p.m. with the following Commissioners present: PRESENT: ABSENT: Commissioners Friedmann, & Mullen Commissioner Greenwood Partin, Van Allen Chairman Mullen indicated one area of concern of the Commission related to relationships between the City Council, Commission and staff. The Commission was concerned that during the recent annual League conference no effort was made for meetings between the Council, Commission and staff or to organize a program where the Council and Commission could have divided their attendance at the different workshops. Commissioner Van Allen suggested that a participation policy be set up. The Council pointed out the limitations imposed by the Brown Act. COMMISSIONER GREENWOOD ARRIVED AT 6:15 P.M. Councilman Lacayo felt there was an overall problem of City officials and staff not knowing each other better and stated he suggested that the Council participate in Team meetings or that the Council and Commission participate with staff in work sessions. Commissioner Van Allen's concern was that the Commission was being overlooked by the Council as a resource. He suggested that the Commission could research items, such as the street sweeping problem, rather than the Council taking up valuable meeting time. He was concerned that the Council took action on the street sweeping trial program when the item was brought up and discussed at several Commission meetings. Councilman Harvey felt the greatest benefit was derived from having work sessions with discussion on a very informal basis. He also suggested that if the Council is aware of a meeting, and considering the importance of establishing policy guidelines for staff, the policies should be established by those Council members who are present at the meeting and the Council should not delay action until all Council members can be present. The C~ty Manager stated a problem with referring ~tem~ to the Commission is that some have a deadline. He suggested that the Commission may make recommendations on items when they receive a copy of the City Council agenda. The City Manager City Council Minutes October 25, 1976 requested that when items are added to the agenda during a Council meeting, the Council not take action at that time but request a report from staff for the next meeting. Staff can research the item and perhaps get input from the Planning Commission. The Planning Director discussed the problem of staff being unaware of the Council's priorities and the need for a determination of priorities by the Council. He stated staff will need guidance with the housing, transportation and social services sections of the General Plan and the Council should also determine an enforcement policy for Zoning Ordinance violations. Councilman Harvey suggested that one or two items be discussed at a regular meeting. Councilman Lacayo suggested that the Council complete staff's questionnaire to give them an idea of the Council's priorities and Councilwoman Sonju felt the questionnaire should be discussed first by the Council and then with the staff. Councilman Hudson recommended that a workshop be scheduled in the near future to go over the materials from the conference and begin work on priorities and policies. He suggested that the workshop be with the staff and later the Planning Commission could be included. Mayor MacLain requested background information for the Council on the General Plan sections, such as on housing needs. The Council agreed to schedule a work session with staff on November 9 at 7:00 p.m. Chairman Mullen adjourned the Planning Commission meeting at 7:10 p.m. Hearing no objections, the Mayor took Item #15 out of order. CONTINUATION OF CONSIDERATION OF TELECOMMUNICATIONS REPORT: The City Manager presented a report from the Administrative Coordinating Team dated October 21 addressing proposals from Pacific Telephone Company and ITT. Staff recommended the ITT system since it meets the City's specifications and represents a savings over the existing communications system. Mr. Earl White and Mike Jones, Pacific Telephone Company, presented a demonstration of the new Dimension system. Mr. Don Woodaman, ITT, pointed out several problems with the Dimension system such as its inability to meet 911 regulations and it would require users to break telephone habits. He questioned Pacific Telephone's moving and changes charge. The Council discussed features of both systems and compared costs and estimated savings. Staff reported that an improve- ment of the Police Department's system would cost $600 to $700 more per month while the City's communication system would remain unimproved. It was moved by Councilman Hudson and seconded by Mayor MacLain to authorize the City Manager to enter into an agreement with the ITT Company for the purchase of a telecommunications system and further authorize the transfer of necessary funds in the amount of $15,000 from the Employee Benefit Account to the General Operating Fund. Councilwoman Sonju expressed concern over the risk involved in purchasing a system which the City would be committed to for 10 years and stated she was not convinced this was the best alternative or would result in the expected cost savings. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Hudson, Lacayo & MacLain Sonju None 2 o City Council Minutes October 25, 1976 Councilman Lacayo suggested that an article describing the new system and cost savings be included in the next newsletter. RECESS: Mayor MacLain called a recess at 8:50 p.m. The meeting was called back to order at 9:05 p.m. with all Councilmen present. ORAL COMMUNICATIONS: There were no oral communications presented. Mayor MacLain announced that the presentation by the Orange County Fire Department would be continued to the next meeting. MINUTES: It was moved by Councilwoman Sonju, seconded by Councilman Hudson and unanimously carried to approve the minutes of October 12. STAFF REPORTS & DISCUSSIONS: Mayor MacLain asked if there were items to add to the agenda. At Councilman Lacayo' s request, she added Item #27 regarding a request by the volunteer fire department for a change in the timer switch for the signal at Lincoln and Walker. Councilman L~ca~© requested a report on this for the next meeting. Mayor MacLain added Item ~28 to the agenda regarding the Inter-County Airport Authority and asked that the City Manager investigate its study regarding Orange County air transportation needs and report at the next meeting. At the City Manager's request, the Mayor added Item #13a to the Consent Calendar regarding a proclamation for National Model Railroad Month. The City Manager requested an executive session for matters of personnel. CONSIDERATION OF AWARD OF CONTRACT FOR REPLACEMENT OF STRIPING MACHINE: The City Manager presented a report from the Public Works Director dated October 21 outlining the one bid which was submitted. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to determine that the bid from J.E. Bauer Company quoting on a Unimasco Mark-Rite, Model 9500, is the lowest responsible bid and authorize purchase in accordance with Quotation ~7677-13 from J.E. Bauer, Division of Whittaker Corporation, P. O. BOX 31352, Los Angeles, California in the amount of $13,761.80 plus sales tax. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSENT CALENDAR: Mayor MacLain announced that all items listed on the agenda under "Consent Calendar" were to be con- sidered by the Council as routine and enacted by one motion approving the recommendation regarding each item. Councilman Hudson asked that Item #3 be removed. It was moved by Councilman Harvey, Lacayo and unanimously carried to #13a on the Consent Calendar with seconded by Councilman approve Items #4 through the exception of Item #3. Item #4: Consideration of a Request to Proclaim the Month of November, 1976 as "Cultural Arts Month". Recommendation: That the Mayor and City Council proclaim the month of November, 1976 as "Cultural Arts Month" in the City of Cypress, as requested by the Southern California Community Artists. City Council Minutes October 25, 1976 Item #5: Consideration of a Communication to Proclaim the Week of November 14-21, 1976 as the "Week of Concern". Recommendation: That the Mayor and City Council proclaim the week of November 14-21, 1976 as the "Week of Concern" in the City of Cypress as requested by the March of Dimes, Orange County Chapter. Item #6: Consideration of a Request to Proclaim the Week of November 15, 1976 as "Alcoholism Action Week". Recommendation: That the Mayor and City Council proclaim the week of November 15, 1976 as "Alcoholism Action Week" in the City of Cypress as requested by the Alcoholism Council of Orange County. Item ~7: Consideration of Setting the Public Hearing for the Establishment of an Underground Utility District on Lincoln Avenue. Recommendation: That the City Council set a Public Hearing for consideration of establishing an Underground Utility District on Lincoln Avenue, extending from Moody Street to Valley View Street, and that the time and place of the hearing for persons interested in, or objecting to, the establishment of such a District is hereby fixed at 8:00 p.m. at the regular meeting place of the City Council of the City of Cypress, 5275 Orange Avenue, Cypress, California, on November 22, 1976. Item #8: Consideration of a Grant Application for State Traffic Safety Funds. Recommendation: That the City Council approve the application to the State for High Hazard Location and Roadside Obstacles Funds for upgrading of the traffic signal at the intersection of Walker and Ball. Item #9: Consideration of Approval of Plans and Specifications for Traffic Signal Modification at Cerritos Avenue and Walker Street and Authorization to Advertise for Bids. Recommendation: That the City Council approve the Plans and Specifications and authorize the advertisement for bids to be received by the City Clerk on December 7, 1976 at 10:00 a.m. Item #10: Consideration of Street Improvement Projects in the County Unincorporated Area. Recommendation: That the City Council approve the street improvement projects as outlined in the attached report for submittal to the Orange County Environmental Management Agency for inclusion in the County's 1977/78 Street Construction Program. Item #11: Consideration of Renewal of Street Sweeping Contract. Recommendation: That the City Council approve renewal of the street sweeping contract with the R.F. Dickson Company for the period from October 1, 1976 to September 30, 1977 at the hourly rate of $22.10. Item #12: Consideration of a Request to Proclaim November 7-13, 1976 as "Lung Awareness Week" and November 7 as "Breathe Easy Day". Recommendation: That the Mayor and City Council proclaim the week of November 7-13, 1976 as "Lung Awareness Week" and November 7, 1976 as "Breathe Easy Day" in the City of Cypress as requested by the Lung Association of Orange County. City Council Minutes October 25, 1976 Item #13: Consideration of a Communication and Draft Resolution from California State University, Long Beach and the City of Long Beach Supporting the Development of an Auditorium at Calif- ornia State University, Long Beach. Recommendation: Receive and file. Item #13a: Consideration of a Request to Proclaim the Month of November, 1976 as "Model Railroad Month". Recommendation: That the Mayor and City Council proclaim the month of November, 1976 as "Model Railroad Month" in the City of Cypress as requested by the National Model Railroad Associa- tion. In regard to Item #3, Consideration of a Resolution of West- minster Supporting an International Exposition in 1981 at the Ontario Motor Speedway, Councilman Hudson reported it was un- certain how much financial support would be required by cities and he requested additional information. It was moved by Councilman Hudson, ~conded by Councilman Lacayo and unanimously carried to receive and file the matter and request more information from the City of Westminster. CONTINUATION OF CONSIDERATION OF CITY COUNCIL POLICY ON REIM- BURSEMENT FOR ATTENDANCE AT DINNER MEETINGS: The City Manager presented a report dated October 22. Hearing no objections, the Mayor continued the item to the work session on November 9. CONSIDERATION OF PRELIMINARY REPORT FOR THE CYPRESS LIGHTING DISTRICT #2, 1978: The City Manager presented a report from the Public Works Director dated October 20 regarding the 1978 Cypress Lighting District #2 program. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to adopt the following Resolutions by title only, titles as follows: RESOLUTION NO. 1781 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING CERTAIN PORTIONS OF THE CYPRESS LIGHTING DISTRICT OF ORANGE COUNTY LOCATED WITHIN THE BOUNDARIES OF THE CITY OF CYPRESS TO BE WITHDRAWN FROM SAID DISTRICT. RESOLUTION NO. 1782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIF- ORNIA, APPROVING THE PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 1771 OF SAID COUNCIL. RESOLUTION NO. 1783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIF- ORNIA, DECLARING ITS INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS, TO BE INSTALLED AND MAIN- TAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF FOUR (4) YEARS BEGINNING JANUARY 1, 1978, TOGETHER WITH ANNEXATION NO. 16 AND ANNEXATION NO. 17, WHICH STREET LIGHTING SYSTEM IS TO BE ANNEXED TO THE CYPRESS LIGHTING DISTRICT NO. 2. City Council Minutes October 25, 1976 RESOLUTION NO. 1784 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIF- ORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVE- MENT REFERRED TO IN RESOLUTION OF INTENTION NO. 1783 AND DIRECTING THE CITY CLERK OF SAID CITY OF CYPRESS, CALIFORNIA, TO GIVE NOTICE OF SAID HEARING. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF EXPENDITURE FOR RIGHT-OF-WAY APPRAISAL: The City Manager presented a report from the Public Works Director dated October 20 describing the proposal for a right- of-way appraisal for the southeast corner of Walker Street and Orange Avenue. Following a discussion on the need for the improvement, it was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to refer the item to the Plan- ning Commission and Traffic Commission and request an inves- tigation of alternatives to condemnation for the street improve- ments at Orange and Walker. CONSIDERATION OF ACCEPTANCE OF WEED AND RUBBISH ABATEMENT OF SEASONAL AND RECURRING WEEDS, PHASE I: The City Manager presented a report from the Public Works Director dated October 18 which transmitted a resolution setting assessments for the completed weed and rubbish abatement work. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with specifica- tions and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1785 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF SEASONAL AND RECURRING WEEDS GROWING UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY OF CYPRESS AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF AN ORDINANCE INCREASING THE LEVEL OF THE SPECIFIED BID AMOUNT: The City Manager presented a report dated October 22 and the City Attorney transmitted an ordinance which would increase the specified bid amount from $3500 to $10,000. City Council Minutes October 25, 1976 Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTION 21A-15 TO THE CODE OF THE CITY OF CYPRESS RELATING TO CONTRACTS ON PUBLIC WORKS. It was moved by Councilman Lacayo and seconded by Mayor MacLain to approve the first reading of the Ordinance. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF THE NOVEMBER ISSUE OF THE "CYPRESS REVIEW": The City Manager presented a report dated October 22 and transmitted the draft of the November issue of the newsletter. Staff recommended that the City contract with American Postal Corporation for door-to-door hand delivery. This would save $430 per issue over mailing the newsletter. The Council requested that an article regarding the new telecommunications system be placed in the next two newsletter issues and include in the next issue an article regarding the new delivery service. The Council also asked that the article regarding the OCTD's service for the handicapped and children be clarified. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to approve the draft of the November newsletter as corrected. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilman Hudson to approve the Commercial Warrant List for Warrants #43497 through #43620 in the total amount of $134,856.48. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju SECOND READING OF ORDINANCES RE: ZONE CHANGE NO. 76-2 AND RE: ANNEXATION NO. 76-2: Hearing no objections, the Mayor ordered the following Ordinances read by title only, title as follows: ORDINANCE NO. 590 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ZONING ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY PLACING A CERTAIN PARCEL OF LAND IN THE RM-20-A RESIDENTIAL MULTIPLE FAMILY ZONE, AND KNOWN AS ZONE CHANGE NO. 76-2. ORDINANCE NO. 591 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN TERRITORY, DESIGNATED AS "ANNEXATION NO. 76-2", TO THE CITY OF CYPRESS. 7o City Council Minutes October 25, 1976 It was moved by Councilman Lacayo and seconded by Council- woman Sonju to adopt Ordinance No. 590. The motion unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju It was moved by Councilman Lacayo and seconded by Council- woman Sonju to adopt Ordinance No. 591. The motion unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF T.L.C. FUNDING: The City Manager presented a report from the Recreation and Park Director dated October 20 regarding funding of the T.L.C. program for senior citizens during 1977-78. Councilman Harvey questioned the accuracy of the statistics relating to minority populations and senior citizens in Cypress and felt approval of the grant might have been based on in- correct figures. He requested a clarification of the statistics. It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to continue the item regarding T.L.C. funding to the next meeting and request a clarification of the population statistics. CONSIDERATION OF RELEASING FUNDS HELD FROM PARK BOND CONTRACT: The City Manager presented a report from the Recreation and Park Di~ctor dated October 20 which indicated the Park District held one percent of the contract price for the park bond projects for a one year period from the date of the project's acceptance. All projects were completed in accordance with plans and speci- fications one year ago and all project defects were recently corrected. Staff recommended a release of the withheld funds. It was moved by Councilman Lacayo and seconded by Councilman Hudson that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, accept the Park Bond Projects as being satisfactorily completed in accordance with the plans and specifications and authorize the District to release the $22,042.15 which was held for one year to guarantee against any defects in material and workmanship. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COM- MERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to approve the Recreation and Park District Commercial Warrant List for Warrants #537 through #538 and #5940 through #5965 in the total amount of $30,319.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju City Council Minutes October 25, 1976 Mayor MacLain reported that at the November 4 Board meeting the Anaheim Union High School District will consider rein- stating the extra school day period. Councilman Harvey suggested that the Council members take action on their own if they wish. ORAL COMMUNICATIONS: There were no oral communications presented at this time. EXECUTIVE SESSION: Mayor MacLain called an executive session at 9:55 p.m. for matters of personnel. The meeting was called back to order at 10:03 p.m. with all Councilmen present. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to adjourn the meeting at 10:03 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: cIT~ 'CL'E~OF q~E CITY OF CYPRESS