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HomeMy WebLinkAboutMinutes 65-11-22MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD November 22, 1965 The Cypress City Council held a regular meeting on November 22, 1965, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 3:00 p.m., Mayor Frank P. Noe presiding. PRESENT: Councilmen Kanel, McCarney, and Noe ABSENT: Councilmen Gorzeman and Wright Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Administrative Assistant Darrell Dalton; and Secretary of the Planning Commission George Putnam. MINUTES: It was moved by Councilman McCarneyand seconded by Councilman Kanel, to approve the minutes of November 8, 1965, as mailed; however, prior to voting on this motion, Councilman Kanel suggested the possibility of deleting from the minutes the Oral Communications on Page 9, since the matter pertained to a political group and not directly to City business. Councilman Kanel made an amendment motion, which was seconded by Councilman McCarney, and unanimously carried, to delete the Oral Communications portion on Page 9 of the minutes of November 8, 1965. Mayor Noe then called for a vote on Councilman McCarney's original motion to approve the November 8, 1965, minutes and said motion was unanimously carried. ORAL COMMUNICATIONS: Mrs. William Bleick, representing the Federation for Community Affairs, addressed the Council, reading a Resolution from the Federation approving the action of the City of Cypress in developing a new Civic Center. A copy of this Resolution is on file in the Office of the City Clerk. There being no further oral communications at this time, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to proceed to Item No. 2 on the Agenda, since Item No. 1 is a public hearing scheduled for 7:30 p.m. RESOLUTION FROM THE CITY OF ESCALON RE: PRESERVATION OF BASIC FREEDOMS: The City Manager presented Resolution No. 161 of the City of Escalon, concerning the preservation of basic freedoms and denouncing the spirit of lawlessness. It wasmoved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. COMMUNICATION FROM CALIFORNIA HIGHWAY COMMISSION RE: SUPPORT OF FEDERAL GOVERNMENT'S PARTICIPATION IN HIGHWAY BEAUTIFICATION: The City Manager presented a coranunication dated November 8, 1965, from Mr. Robert Martin, Assistant Secretary of the California Highway Commission, transmitting copies of Resolutions supporting the Federal Government's participation in highway beautification and interest in the highway safety area. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. COMMUNICATION FROM MR. LOUIS L. SELBY RE: COMMUNITY YOUTH COUNCIL IN CYPRESS: The City Manager presented a communication from Mr. Louis L. Selby, concerning the formation of a Community Youth Council in Cypress. Councilman Kanel stated that Mr. Selby will be present at the 7:30 p.m. portion of the meeting to discuss this matter with the City Council. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to continue consideration of this matter until the 7:30 p.m. portion of the City Council meeting. November 22, 1965 COMMUNICATION FROM CITY OF STANTON RE: LEGISLATION REGARDING THE MAINTENANCE AND CONSTRUCTION OF RAILROAD GRADE CROSSINGS: The City Manager presented a communication dated November 15, 1965, from the City of Stanton, transmitting a copy of a Resolution urging enactment of legislation for maintenance and construction of railroad grade crossings, and requesting the City Council to adopt a similar Resolution. Following a review of the legislation proposed by the City of Stanton, it was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried to support the principles as outlined in the City of Stanton Resolution and direct the City Manager to communicate with the League of California Cities, requesting that a study of this matter be conducted. COMMUNICATION FROM MANAGING DIRECTOR OF INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS RE: APPRECIATION FOR BUILDING SUPERINTENDENT'S ATTENDANCE AT MEETING: The City Manager presented a communication dated November 17, 1965, from Mr. T. H. Carter, Managing Director of the International Conference of Building Officials, expressing appreciation to the City Council for permitting Building Superintendent Thomas Nudson to attend the 43rd Annual Business Meeting in Phoenix, Arizona. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. PROPOSED LEGISLATION RE: "MOLOTOV COCKTAILS": A report dated November 18, 1965, was presented from the City Manager, summarizing communications received from the League of California Cities and the City of Long Beach concerning additional information on the possibility of making it a felony to possess a "Molotov Cocktail". The City Manager indicated that the League of California Cities will have a position and policy on this matter after the January 1966 Board meeting. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to receive and file the communications and take no further action on this matter until the League of California Cities Board of Directors announces its policy on this matter following the January meeting. INDUSTRIAL DEVELOPMENT PROGRAM: A report dated November 18, 1965, was presented from the City Manager, outlining a program being established by the Arlan Company to determine the feasibility of industrial development in the City in the immediate future. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to concur in the development of the program as outlined in the City Manager's report, and request the City Manager to continue to cooperate with the Arlan Company in relation to industrial development. AUTOMOTIVE GAS SUPPLIES AND MAINTENANCE BIDS: A report dated November 18, 1965, was presented from the City Manager, outlining the results of bids received for automotive gas supplies and maintenance for the City vehicles. Councilman Kanel suggested this ma~er be continued until the evening portion of the City Council meeting. FolloWing discussion concerning the bids received, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to continue consideration of this matter until the 7:30 p.m. portion of the City Council meeting. COMMERCIAL OFF-STREET PARKING STUDY: A report dated November 18, 1965, was presented from the City Manager, outlining the results of a study completed by the Planning Department concerning the off-street parking requirements for C-1 and C-2 uses in the City, and recommending that public hearings be held before the Planning Commission and City Council to consider a change in the parking requirements. Following discussion concerning the Planning Department's study~ it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to initiate an amendment to the Zoning Ordinance r~lating to the off-street parking requirements in the C-1 and C-2 zones of tb~ City, to be considered at public hearings before the Planning Commission and City Council. November 22, 1965 PURCHASE OF ASPHALT SPREADER: A report dated November 22, 1965, was presented frenthe City Manager, concerning the need to purchase an asphalt spreader box to be used for street construction work, as authorized by the Council in the 1965-66 budget. The City Manager reviewed the advantages of purchasing the spreader box which has been used as a demonstrator by the Layton Sales Company of California. This Company has offered the City an opportunity to purchase this piece of equipment for $2,600 plus tax, with the same guarantee as a new model, which would result in a savings of $385.00 to the City. The City Manager indicated that although this amount exceeded the budget appropriation, there were sufficient funds within the Street Maintenance account to purchase the equipment without an additional appropriation. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to authorize the purchase of the Layton Track Paver, Model H-500 as per quotation dated October 20, 1965, frcm the Layton Sales Company of California. The following roll call vote was taken: AYES: 3 COUNCILMEN: MOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, McCarney, and Noe None Gorzeman and Wright AUTHORIZATION TO ATTEND INSTITUTE OF TRANSPORTATION AND TRAFFIC ENGINEERING: A report dated November 18, 1965, was presented from the City Manager, recommending that the Public Works Director and Assistant Traffic Engineer be authorized to attend the Institute of Transportation and Traffic Engineering conference to be held in January 1966 in Berkeley, California. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to authorize the Public Works Director and Assistant Traffic Engineer to attend the Institute of Transportation and Traffic Engineering in Berkeley in January 1966, and that they be reimbursed for their actual and necessary expenses. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, McCarney, and Noe None Gorzeman and Wright ORDINANCE ESTABLISHING CITY PURCHASING SYSTEM: A report dated November 18, 1965, was presented from the City Manager, sta~ng that the California Government Code requires every City to enact an Ordinance establishing policies and procedures governing purchases of supplies and equipment by the local agency. Transmitted with the report was a proposed Purchasing Ordinance, setting forth the requirements for bidding procedures, awards of contracts, etc. Councilman Kanel stated that he felt this Ordinance should be discussed when more members of the City Council are present. Councilman Kanel also inquired about the informal bid procedures, with reference to the possibility of the City Council being provided with a work sheet to show the bids received for items under $2,500. The City Manager indicated that this information is available at all times for the City Council review if desired. Following further discussion, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to continue consideration of this matter until the 7:30 p.m. portion of the City Council meeting. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS, TRACT NO. 5272 (GRANT COMPANY}: A report dated November 16, 1965, was presented from the Public Works Director, recommending acceptance of the Improvements and Release of the Bonds for Tract No. 5272, located at the northeast corner of Denni and Cerritos, developed by Stardust Lands, Inc., subject to either the planting of five parkway trees or the deposit of $50.00 for the trees. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to accept the public improvements for TraCt No. 5272 and authorize the City Clerk to exonerate the bonds in 90 days following acceptance if no mechanics liens have been filed and subject to the planting of the five parkway trees or deposit of $50.00 for the trees. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, McCarney, and Noe None Gorzeman and Wright November 22, 1965 ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS, TRACT NO. 5553 (LARWIN COMPANY): The Public Works Director recommended that this item be continued due to the condition of the streets in the tract at this time. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to continue consideration of this matter until the next regular City Council meeting. MONTHLY ~ARIANCE REPORT FOR PERIOD ENDING OCTOBER 31~ 1965: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the Monthly Variance Report for the period ending October 31, 1965, be received and filed. MONTHLY ACTIVITY REPORT FOR OCTOBER 1965: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the Monthly Activity Report for October 1965, be received and filed. RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 12776 THROUGH 12832 (PAYROLL): It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 648 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 12776 THROUGH 12832 The following roll call vote was taken: AYES: 3 COUNCILMEN: Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Gorzeman and Wright RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 12833 THROUGH 12885 (COMMERCIAL WARRANTS): It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 649 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 12833 THROUGH 12885 The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILb~N: ABSENT: 2 COUNCILMEN: Kanel, McCarney, and Noe None Gorzeman and Wright EXECUTIVE SESSION: The City Manager requested that an Executive Session be called to discuss an appraisal on a certain parcel of property which may require condemnation for sump purposes. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to adjuurn to executive session at 4:00 p.m. The Mayor called the meeting back to order at 4:15 p.m., all City Councilmen being present with the ~xception of Councilmen Wright and Gorzeman. RESOLUTION RE: CONDEMNATION OF SUMP AND PUMP STATION PROPERTY: The City Manager requested permission to ~esent a Resolution concerning the condemnation of property to be used for the sump and pump station in Drainage District 2-A. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to grant this request. The City Manager stated that the appraisal authorized at the last City Council meeting for a one-half acre parcel of property to be used as a part of the sump area in Drainage District 2-A has been received and it is the recommendation of the staff the the City Council adopt a Resolution of intention to dondemn the subject ~operty. November 22, 1965 Following discussion concerning the proposed sump area plans, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the following Resdution be adopted, title as follows: RESOLUTION NO. 650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING ~ND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, IND DECLARING THE PUBLIC NECESSITY THEREFOR. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, McCarney, and Noe None Gorzeman and Wright RECESS: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to declare a recess at the hour of 4:22 p.m. until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilmen Gorzeman, Kanel, McCarney, and Noe ABSENT: Councilman Wright Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Administrative Assistant Darrell Dalton; Public Works Director Arthur Schatzeder; BUilding Superintendent Thomas Nudson; Secretary of the Planning Commission George Putnam; and Police Chief O. C. Foster. The City Manager reviewed the actions taken by the City Council at the 3:00 p.m. session of the meeting. PUBLIC HEARING RE: PROTESTS TO ANNEXATION NO. 4 TO CYPRESS NO. 2 LIGHTING DISTRICT: The Mayor announced this was the time and place for the Public Hearing to consider protests to Annexation No. 4 to Cypress No. 2 Lighting District re: Installation of, furnishing of electric current for, and maintenance of a street lighting system. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the annexation to Lighting District No. 2. The Public Works Director displayed a map to the City Council, showing the various lighting zones in the City, and explaining the new method of collecting street lighting assessments on an ad-valorem basis. Mr. Donald Cropper, 4513 Middlebury Circle, Cypress, addressed the Council, inquiring about the amount of assessments in this district as compared to the present County Lighting District. The Public Works Director explained the method used in computing the assessments and estimated Mr. Croppers assessment at approximately $9.15 per year. There being no oral protests and no written communications, the Mayor declared Re Public Hearing closed. Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted title as follows: November 22, 1965 RESOLUTION NO. 646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY, DATED OCTOBER 25, 1965, PREPARED PURSUANT TO RESOLUTION NO. 563 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NO. 636 OF SAID COI~CIL, AND THE PLAN, SPECIFICATIONS, ESTIMATE AND ASSESSMENTS CONTAINED IN SAID REPORT; ORDERING THE INSTALLATION OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT; ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM; AND FORMING THE LIGHTING DISTRICT ANNEXATION REFERRED TO IN RESOLUTION OF INTENTION NO. 637 AND RESOLUTION APPOINTING THE TIME AND PLACE FOR HEARINGS NO. 638, ALL IN ACCORD WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919". The following roll call vote was t~ken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe Wright It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 647 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT AND ORDERED TO BE INSTALLED BY RESOLUTION NO. 646 OF SAID COUNCIL, ALL IN ACCORD WITH AND PURSUANT TO THE PROVISIONS OF DIVISION 14, PANT 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919". The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright COMMUNICATION FROM MR. LOUIS L. SELBY RE: COMMUNITY YOUTH COUNCIL IN CYPRESS: The City Manager presented a communication dated November 15, 1965, from Mr. Louis L. Selby, outlining the need for a Community Youth Council in Cypress, and requesting that the City Council designate an observer to be present at the initial meeting of the Youth Council. Mr. Louis Selby, 5204 Melbourne Drive, Cypress, addressed the Council, concerning the need for a medium through which all youth organizations in the City can work together. For this reason, several youth groups have been asked to designate a representative to attend an organizational meeting to be held on November 30th. In answer to a question from Mayor Noe. Mr. Selby indicated that either a member of the City Council or a member of the City Staff could be designated to observe the meeting. Mayor Noe stated that with the approval of the City Council he would like to appoint Police Chief O. C. Foster as the observer at the Youth Council formation meeting. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to designate Police Chief O. C. Foster as the observer from the City at the formation meeting of the Community Youth Council, with Administrative Assistant Darrell Dalton as alternate. November 22, 1965 AUTOMOTIVE GAS SUPPLIES AND MAINTENANCE BIDS: A report dated November 18, 1965, was presented from the City Manager, outlining the results of bids received for automotive gas supplies and maintenance service for City vehicles. The following is a summary of the bids received. NAME OF BIDDER GASOLINE TIRES ADDITIONAL TOTAL LABOR & PARTS Hoffer Enco, 5491 Ball Road $ 11,844 $ 1844 $ 1082 $ 14,770 Cypress Shell, 4502 Lincoln 11,844 2112 1266 15,222 Taylor Chevron, 5001Cerritos 12,204 1862 1696 15,762 Balsitis Mobil, 9972 Valley View 12,204 2475 1220 15,899 Pearman Union, 5001 Ball Road 12,924 1976 1391 17,291 Discussion was held concerning the unit prices bid by the service stations, with Councilman Kanel expressing concern over the possibility of the bid amounts being exceeded by additional labor and parts charges. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to authorize Hoffer Enco Service Station, 5491 Ball Road, Cypress, to provide gasoline, tire, maintenance, and supply service in accordance with the bid dated October 22, 1965, for all City vehidles beginning on December 1, 1965. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright ORDINANCE ESTABLISHING CITY PURCHASING SYSTEM: A report dated Novemberl8, 1965, was presented from the City Manager, outlining the need to enact an Ordinance establishing policies and procedures governing purchase of supplies and equipment. The City Manager explained the bidding procedure established by the proposed Ordinance, and in answer to a question from Councflman McCarney summarized the present procedures used by the City staff in the purchase of supplies and equipment. Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS A~fENDING THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, ADDING CHAPTER 21A ENTITLED "PURCHASING SYSTEM" It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to adopt the first reading of this Ordinance. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorz~man, Kanel, McCarney, and Noe None Wright ORAL COMMUNICATIONS: Mrs. Barbara Robertson, 5212 Marcella, Cypress, addressed the Council, suggesting the posstblity of "Oral Communications" being held only at the evening portion of the City CouncR meeting, since many important items are brought up at this time and it is often difficult for citizens to attend the afternoon sessions. November 22, 1965 The City Manager advised thatlthis could be accomplished by amending the Ordinance which sets forth the order of the City Council agenda. Further discussion was held concerning the possiblity of eliminating the afternoon session of the City Council meeting. The City Attorney reviewed the Brown Act concerning the conduct of public meetings, and recommended that rather than to expose the City Council to criticism, the afternoon sessions should be continued in the present mann~r~ if it is the intent of the City Council to meet prior to the 7:30 p.m. session. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to direct the City Attorney to prepare a report concerning the possibility of conducting "work sessions" prior to the City Council meetings, and to draft an Ordinance to eliminate the present 3:00 p.m. session of the City Council meetings. Councilman Kanel stated that he wanted to commend City Attorney James Erickson for his sound legal advice to both the members of the City Council and citizens in attendance ~ City Council meetings. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, the meeting adjourn at 8:20 p.m. CITY~CL~Rk' O2 THeE CItY OF CYPRESS November 22, 1965