Loading...
HomeMy WebLinkAboutMinutes 71-04-26 (2)MINUTES OF AN ADJOUI~qED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 26, 1971 The adjourned regular meeting of the Cypress City Council was called to order at 8:40 p.m. , on Monday, April 26, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kenode, Roberts and Kanel ABSENT: Councilman Lacayo Also present were City Manager/City Clerk Darrell Essex, City Attorney James E, Erickson, and the following members of the City Staff: Dunlap, Poetthor, Schatzeder, Hernandez, Savord, Nudson and Grissom. EXECUTIVE SESSION: It was moved by Mayor Kanel, seconded by Councilman Harvey and unanimously carried to go into an Executive Session at 8:41 p.m., to discuss a matter of personnel. COUNCILMAN LACAYO AlLRIVED AT 8:41 P.M. The meeting was called back to order at 9:05 p.m., with all Councilmen present. It was moved by Councilman Roberrs, seconded by Councilman Kanode and unanimously carried to consider Item No. 11 a,, pertaining to City Council reorganization, after Item No. 20 on the agenda. CONTINUATION' .q~ .q0.N.S.!~.RATION OF APPOINTMENT LOF ~REPRESENTATIVE _TQ _~T~E QRANGE COUNTY HEAL _Tlt.P~L~_ANNING COUNCIL: It was moved by Councilman Kano~Ie, seconded by Councilman Lacayo and unanimously carried to continue the consideration of this matter to the next regular meeting of the City Council, scheduled to be held on May 10, 1971o CONTINUATION, OF .CONSID~ERAT~I~QN OF iRECREATION_ __A~D_ ,pARE i COI~{ISSION APpOI~NTME~NTS: Mayor Kanel indicated that a£ter a great deal of consideration by the City Council, the following persons have been selected to serve on the City's Recreation and Park Cormnission: Mr, Donald Andersen, Mr, Clyde Christensen, Mr.~ Gary Kamm, Miss Loons Ritchie, Mr. William Sheper and Mrs. Janet Spurgeon. Mayor Kanel stated that the Council will appoint some one to serve on the Commission from the Comty at a future date. It was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously carried to approve the appointments to the Recreation and Park Commission as indicated by Mayor Kanel. CONSIDERATION OF APROPOSED ORDINANCE REGULATING MASSAGE PAP, LOES AND SIMILAR BUSn mSSES: movea counCfiman Kenode to continue the consideration of this matter to the next regular meeting of the City Council, due to the fact that the City Attorney advised that it was necessary that he leave the meeting in a short period of time. The City Attorney indicated, however, that Mr. Fish would legally advise the City Council in his absence~ Comcilman Roberrs referred to several clauses contained in the draft of the proposed Ordinance which were ambiguous and could possibly apply to other than commercial establishments. The Police Chief indicated that there was a great need for an Ordinance regulating massage parlors within the City. He then outlined the manner in which certain illegal activites are conducted in these establishments. City Council Minutes April 26, 1971 In reply to an inquiry from Councilman Rarvey, Mr. Fish indicated that the Ordinance will apply to existing establishments as well as those which might come into the City~ In response to a question from Councilman Kanode, the Police Chief indicated that considerable study was given to the proposed Ordinance, and that it was his opinion that the Ordinance is workable, practical and enforceable. In answer to an inquiry from Councilman Lacayo, Mr. Fish indicated that he would prefer to have the matter continued in order to further study those portions of the Ordinance which could be considered ambiguous, The motion to continue the consideration of this matter to the next regular meeting of the City Council, scheduled for May 10, 1971, was unanimously carried. CONSIDER~.~Q~ ~q~ LPRQPQ~ L.A~_q~IONLOF L-UN~I~-RI~--~!~DING CQ~: The City Manager presented a report dated April 21, 1971~ which indicated that in accordance with the previous policy of the City in adopting uniform regulations for the Building Department, the Building Superintendent has completed a review of the proposed amendments to the various Building Codes of the City as approved by the Orange County Chapter of the International Conference of Building Officials. The report outlined the new Codes which are proposed for adoption, and the procedure for adopting these Codes~ It was moved by Councilman Harvey and seconded by Councilman Roberrs to schedule the Public Rearing for the adoption of the Codes for the regular meeting of the City Council on May 24, 1971; that the appropriate Public Hearing notices be properly published and posted; and ~o read by title only, the following Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: RarveysKanode, Lacayo, Roberrs and Kanel None None Title of the Ordinance is as follows: OEDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 19~ CONSISTING OF SECTIONS 19-1 AND 19-2, OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE, TRE UNIFORM PLUMBING CODE, 1970 EDITION. It was moved by Councilman Harvey and seconded by Councilman Roberrs to approve the first reading of the Ordinance. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN .~ Harvey ,F anode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Harvey and seconded by Councilman Kanode to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None Title of the Ordinance is as follows: -2 - City Council Minutes April 26, 1971 ORDINANCE NO~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE~ THEREBY ADOPTING BY REFERENCE THE 'UNIFORM'~U.I.L.~I. NG CODE, ~1~970 EDITION' VOL.Ly~' . I "THE BUILDING CODE," THE 'UNIFORM BU_ILDING qQDE~ 1979 ~EDITtON, yO.L._L~_ II, TItE-"UNIFORM.MECHANIdAL CODE," THE UNI~F_O__RI_~_ .BU.ILDINq_~O_DE' ~ 1RYO.. E_IIITION. _. : VOLUME .I.I.I, '~{OUSING, '! THE UN~FO__R!{' iB_U_I_L_DI~NG LqQDE_, LI970 LED!T~I_ON, VOLUME IV, DANGEROU.$ iBU. I~D~NCS., THE "UNIFORM CODE FOR REPAIR, VACATION OR DEMOLITION OF DANGEROUS BUILDINGS," AND THE 'UNIFOI~M LBUjI~D_IN_G CODE, 1970 EDI~I. QN, "STANDARDS°" It was moved by Comcilman Harvey and seconded by Councilman Kanode to approve the first reading of the Ordinance° The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberts and Kanel None None CONSIDERATION OF ORANqE AVENUE STI~_E~ ZMPR0VE~.FBQ~_~,j~Qq~_10-0514: The city Manager presented a report dated April 16, 1971 from the Public Works Director, which indicated that the construction of street improvements on Orange Avenue have been completed with the exception of the railroad crossing at Juanira Street~ The report advised that the Southern Pacific Transportation Company has forwarded the agreements for the construction which calls for the crossing protection in accordance with Public u~il.ities Commission*s policy, with the City's share of the cost amounting to one-eight of the total cost, or $3,506~25~ In response to an inquiry fz~m Councilman Harvey, the Public Works Director indicated that the removal of the barricades and the re-striping of Orange Avenue must be accomplished within one year from the date of the execution of the agreement; however, he stated, that he felt that it would be performed at an earlier date. Com~cilman Harvey then indicated that the location of the barricades at the inter- section of Orange Avenue and Junaita Street create a traffic hazard, as due to the elevation of the railroad tracks, a portion of the barricade blocks the view to the motorists traveling on Juanira Street thereby making it difficult to see the westbound traffic on Orange Avenue. He added, that there have been numerous violations of the '~o left =urn" sign which is posted at the intersection~ Councilman Harvey then requested that a study be undertaken to determine whether or not the barricades could be relocated so as not to obstruct the vision at the intersection. It was moved by Councilman Laca~o and seconded by Councilman Kanode to approve the highway agreement indenture covering railroad crossing No. BBL-505.76 with the Southern Pacific Transportation Company, and to authorize the Mayor to sign the agreement and the City Clerk to attest to his signature. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Harvey and seconded by Councilman Kanode to accept as being satisfactorily completed, in accordonce with plans and specifications, the street improvements on Orange Avenue between Bloomfield Street and Holder Street, City Project #7003-10-0514, except for the railroad crossing protection devices. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIL~N: Harvey, Kanode, Lacayo, Roberrs and Kanel None None -3- City Council Minutes April 26, 1971 CONST.RUqT~ ~ 'q~ L~m~ :PL~m~ '~ :~ ~ ,' p~sC~ h~7 0 ~2~oooo: ~e city ~a~r presented a report dated April 16, 1971 from the Public Works Director which sCa=ed that the City*s Master Plan of Draina~ indicates a Master Pi~ atom drain extending from the Carbon Creek ~annel, northerly across Ball ~ad along the westerly bomda~ of the ~eimUni~ Hi~ S~ool site. ~e report ad~sed that construction of this storm drain will be required =o provide ~eq~te drainage for =he hi~ school site, ~d that i= will also be necessa~ to extend the Master Pi~ storm drain in Valley View Street northerly from the pres~t tetanus in order to keep the street from being flooded. The repo~ ad~sed that the City has no f~ds to pay for the c~struction of both storm drains, since draina~ fees presently being collected are req~red no repay e~s=ing rei~urse~nc aEreemnts. ~e ~port further ad~sed that a Joinc Powers Agree~nc becw~n ~he City and the ~eim ~lon Hi~ School District has been prepared, and outlined the prodsions of =he agreemnt, which will be presented to the ~eim School District Board of TreEsee for action at chair next me=lng~ It was moved by Councilmen Kenode and seconded by Councilman Lacayo to authorize the e~ecution of the proposed Joint Powers Agreement between the City of Cypress and the Anaheim Union High School District for the construction of certain drainage facilities in the City of Cypress~ In answer to an inquiry from Councilman Harvey, the Public Works Director indicated that approximately $80,000 would be involved in the construction of the drainage facilities. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Fanode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF NOISE PROBLEMS AT TARA HILL APARTMENT COMPLEX: The City Manager presented a report dated April 21, 1971, which indi~ate~ th~ ~e City Council, at its meeting of April 12, 1971, had requested that the matter of noise problem at the Tara Hill apartment complex be placed on the April 26th agenda. The report outlined portions of the City's Zoning Ordinance pertaining to noise and possible courses of action relative to the matter ~ It was moved by Councilman Roberrs, seconded by Councilmen Fanode and unanimously carried to continue the consideration of this matter to the next regular meeting of the City Council scheduled to be held on May 10, 1971. CQNSIDERATI_ON QF CERTIFICATIQN OF EMPLOYMENT LIST_ FgR PLAN~ING.TEC.H~.IC~AN: The City Manager reviewed a report dated April 21, 1971, which reviewed the results of an open competitive examination which was conducted for the position of Planning Technician. It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to certify the employment list for the position of Planning Technician as submitted. CONSIDERATION OF REqUE.ST. FOR APPROPRIATIONS: The City Manager presented a report dated April 21, 1971 from the Finance Director which indicated that the City Council at its meeting of December 14, 1971, approved certain street improvement projects, which had been approved for financing under the Arterial HiEhway Financing Program, by the Orange County Board of Supervisors. In answer to an inquiry from Councilman Roberts, the Finance Director indicated that the the revenue from the AHFP funds will offset the appropriation from the General Fund, and then explained the procedure by which the City is reimbursed for projects of this nature. ~ 4- City Council Minutes April 26, 1971 It was moved by Councilman Kanode and seconded by Councilman Harvey to appropriate $315,220 from the Fund Balance of the Gas Tax 2106 Fund to the following aceorate: 7201-10 $ 37,589.00 7202-10 250,431.00 7203-10 27,200.00 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIL}~N: Harvey, Kanode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Kanode and seconded by Councilman Harvey to appropriate $315,220.00 from the Fund Balance of the G ene ral Fun d to t he following accounts: 7201-10 $ 37,589.00 7202-10 250,431.00 7203-10 27,200.00 The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COD~NCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF APPROVAL OF COI~4ERCIAL WARRANT LIST FOR WARRANTS NO. 26475 THROUGH 26585: It was moved by Councilman Lacayo and seconded by Councilman Roberrs to approve the Commercial Warrant list for Warrants No. 26475 through 26585 in the total amount of $89,149.15. l~le mo=ion was unanimously carried by the following roll cell vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None SECOND Kanode only. READING OF ORDINANCE RE: ZONE CHANGE NOo ~-~96: It was moved by Councilman and seconded by Councilma~ Harvey to read the following Ordinance by title The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None Title of the Ordinance is as follows: ORDINANCE NO. 447 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROPOSING AN AI~NDMENT TO ZONING ORDINANCE NOo 90, BY ADOPTING PRE-ANNEXATION ZONING CLASSIFICATION OF A CERTAIN PARCEL OF LAND F~DM ORANGE COUNTY ZONE CLASSIFICATION R-4 TO CITY OF CYPRESS ZONE CLASSIFICATION R-3 (MULTIPLE- FAMXLY RESIDENTIAL), ZONE CHANGE NO. Z-196. It was moved by Comcilman Kanode and seconded by Councilman Harvey to adopt Ordinance No. 447° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None ~5 - City Council Minutes April 26, 1971 RECESS: Mayor Kanel declared a recess at 10:00 p.m. The meeting was called back to order at 10:05 p.m., with all Councilmen present. CONSIDERATION OF CITY COUNCIL REORGANIZATION: Mayor Kanel stated that under the City's Ordinance, a Mayor is elected for a two-year term, unless the majority of the Council would wish to alternate. At this time, Mayor Kanel stated that he had enjoyed serving the City as Mayor for the past year, and then submitted his resignation as Mayor of the City of Cypress. Councilman Lacayo then tendered his resignation as Mayor Pro Tam of the City. It was moved by Councilman Kanode, seconded by Councilman R~berts and unanimously carried to accept the resignations as submitted. The gavel was the~ turned over to the City Clerk Dartell Essex to preside over the selection of Mayor. It was moved by Councilman Lacayo that Councilman Harvey be nominated for the position of Mayor. Councilmm~ Harvey expressed his appreciation for the nomination, and stated that he would only accept the Mayor's chair with the unanimous support of the City Council. Councilma~ Harvey commended former Mayor John Kanel for his performance as Mayor. Me stated that he felt that this City Council is one that can work together for a single benefit, that being for the citizens of the community. It was moved by Councilream Kanode, seconded by Councilman Roberrs and unanimously carried, with an abstaining vote by Councilma~l Harvey, to close the nominations for Mayor. It was moved by Councilman Kanel, seconded by Councilman Roberrs and unanimously carried that a unanimous ballot be cast in support of Councilman Harvey as Mayor of the City of Cypress° The City Clerk turned the meeting over to Mayor Robert Harvey, who announced that the nominations were now open for the position of Mayor Pro Tam. It was moved by Councilman Roberrs that Councilman Lacayo be nominated for the position of Mayor Pro Temo It was moved by Councilman Kanode that Councilman Kanel be nominated for the position of Mayor Pro Tam. It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to close the nominations for the position o f Mayor Pro Tam at this time° The following vote was taken for the position of Mayor Pro Tam: For Councilman John Kanel For Councilman Ot to Lacayo 3 COUNCILMEN: Kanode, Kanel and Harvey 2 COUNCILMEN: Roberrs and Lacayo 01Lai COI~EUNICATIONS: Mr. Roe Masullo, 10521 Patter, Cypress, addressed the Council expressing concern over, which he felt, was a feeling of animosity among the Council. Mr. Masullo urged the City Council to work together for the benefit of the community. -6 - City Co~mcil Minutes Apri~ re, ~971 3 I%~ Former Mayor Kanel stated that he wished to thank the mambers of the Council, Staff, and the citizens of the comuunity for helping to make his year as Mayor a very enjoyable experience. ADJOURNMENT: It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to adjourn at 10:24 p.m. MAYO~ "6F '~ CrY 'OF~S~ ATTEST: CITY CL~RK"O~T~E CiTY 9~ CYPRESS -7-