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HomeMy WebLinkAboutMinutes 71-11-08MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 8, 1971 The regular meeting of the Cypress City Council was called to order at 4:02 p~m~, on Monday, November 8, 1971, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Rarvey presiding~ PRESENT: Councilmen Kanel, Kenode and Harvey ABSENT: Councilmen Lacayo and Roberrs Also present were City Manager/City Clerk Darrell Essex, City Attorney James E~ Erickson and the following members of the City Staff: Bryant and Grissom~ COUNCILMAN LACAYO ARRIVED AT 4:03 P~M~, AND TOOK HIS PLACE ON THE PODIUM. STAFF REPORTS AND DISCUSSIONS: The City Manager reviewed the various items contained in the Progress Report, following which, it was moved by Councilman Kanel to place on the agenda for consideration at this time, an invitation to participate in the 48th Annual Congress of Cities, sponsored by the National League of Cities, which will be held on November 28 through December 1, 1971, in Honolulu, Hawaii~ Councilman Kanel's motion died for a lack of a second. It was moved by Councilman Kenode, seconded by Councilman Kanel and unanimously carried to place on the agenda for consideration at this time, the subject of a unified civil defense program for Orange County, which will be voted on at an Executive Meeting of the Orange County Division of the League of California Cities, scheduled tc be held on Thursday, November 11, 1971~ It was moved by Councilman Kenode, seconded by Councilman Fanel and unanimously carried to support the unified civil defense plan for Orange County. It was moved by Councilman Fanode, seconded by Councilman Fanel and unanimously carried to place on the agenda for consideration at this time, the Airport Land Use Commission issue which will be voted on at the Executive Meeting of the Orange County Division of the League of California Cities at its meeting scheduled to be held on November 11, 1971o Iz was moved by Councilman Fanode, seconded by Councilman Fanel and unanimously carried that the City~s delegate be instructed to amend the motion in support of the Orange County Airport Land Use Commission, to exclude from its Jurisdic- tion, those cities contiguous to a federal military airport; and further, that should the amendment to the motion fail, the delegate will be directed to vote in opposition to the Airport Land Use Commission° It was moved by Councilman Fanode, seconded by Councilman Fanel and unanimously carried to consider Items No~ 1 through 10 on the agendao CONSIDERATION OF AWARD OF CONTRACT FOR GRINDLAY STREET STORM DRAIN EXTENSION, PROJECT #7210-20: The City Manager presented a report dated November 2, 1971 from the Public Works Director which indicated that the City Council, at its meeting of October 12, 1971, approved the plans and specifications for the Grindlay Street Storm Drain Extension and authorized the City Clerk to advertise for bids° He then reviewed a supplemental report from the Public Works Director dated November 8, 1971, which outlined the results of the bids received by the Ciuy~ City Council Minutes November 8, 1971 COUNCILMAN ROBERTS ARRIVED AT 4:30 P~M~, AND TOOK HIS PLACE ON THE PODIUM. It was moved by Councilman Kenode and seconded by Councilman Kanel to determine that the lowest and best responsible bidder for City Project #7210-20, Alternate "A", is Silveri and Ruiz Construction Company, 2742 West Orangethorpe Avenue~ Suite H, Fullerton, California, and to award the construction contract to Silveri and Ruiz in the amount of $16,816o00o The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Kanel, Kenode, Lacayo and Harvey None None Roberrs EXECUTIVE SESSION: At the request of the City Manager. it was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to go into an Executive Session at 4:35 pomo, to discuss a matter of personnel. The meeting was called back to order at 4:55 pomo, with all Councilmen present~ MINUTES: It was moved by Councilman Kenode, seconded by Councilman Kanel and unanimously cattied, with an abstaining vote by Councilman Lacayo as he had not been present, ~o approve the Minutes of October 26, 1971, as presented. CONSIDERATION OF AWARD OF CONTRACT FOR WEED CONTROL CHEMICALS--REQUEST FOR qUOtATION NO~ 7172-20: The City Manager presented a report dated November 3~ i971, from the Finance Director, which outlined the bids received by the City for the purchase of unspecified quantities of weed control chemicals~ I~ was moved by Councilman Kanel and seconded by Councilman Kenode to award the ccnnract for the purchase of Paraquat through October 31, 1972 with an option to renew for an additional year, to Alto Chemical Company, 19220 Pioneer Bcuievard, Artsaid, California; and to award the contract for the purchase of Downpen through October 31, 1972 with an option to renew for an additional year, to Los Angeles Chemical Company, 4545 Ardine Street, South Gate, California° The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Fanel, Fanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF AWARD OF CONTRACT FOR MAINTENANCE AND OPERATING SUPPLIES IN CERTAIN CATEGORIES--REqUEST FOR QUOTATION NO. 7172~18: The City Manager presented a report dated November 3, 1971 from the Finance Director, which advised that the City received one bid for maintenance and operating supplies in certain categories° k was mcved by Councilman Kanel and seconded by Councilman Fanode to accept the request for Quotation #7172-18 and to award the contract for the purchase of maintenance and operating supplies and equipment through October 31, 1972, with an option to renew the contract for an additional year, to Constructors Supply Company, 15629 Clanton Circle, Santa Fe Springs, California, The motion was unanimously carried by the following roll call vote: AYES: NOES= ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None -2- November 8, 1971 CONSENT CALENDAR: The Mayor announced that all matters listed on the agenda under "CONSENT CALENDAR" were to be considered by the Council as routine and enacted by one motion approving the Recommendation on the Administrative Report concerning the matter. It was moved by Councilman Kenode, seconded by Councilman Roberrs and unanimously carried to approve Items N0~ 4 through 10 on the Consent Calendar. Item Noo 4: Consideration of an Ordinance to preserve landmark trees. Recommendation: That the City Council request the Staff to prepare an appropriate ordinance to preserve the landmark trees, as requested by the Planning Commission° Item No~ 5: Consideration of resolution of the City of Andhelm urging renewal of the leases between the County and Air California and Air West for the use of the Orange County Airport facility. Recommendation: Receive and file the resolution. Item Noo 6: Consideration of certification of employment list for Park Maintenance Man I, under the Public Employment Program. Recommendation: That the City Council certify the employment list for Park Maintenance Man I, under the Public Employment Program, as submitted. Item Noo 7: Consideration of certification of employment list for Park Maintenance Man II for the Recreation and Park District. Recommendation: That the City Council certify the employment list as submitted. Item No. 8: Consideration of certification of employment list for Police Cadet. Recommendation: That the City Council certify the subject employment list as submitted. Item No. 9: Consideration of certification of employment list for Maintenance Man Io Recommendation: That the City Council certify the subject list as submitted. Item Noo 10: Consideration of certification of employment list for Maintenance Man I, under the Public Employment Program. Recommendation: That the City Council certify the subject list as submitted. It was moved by Councilman Kanel, seconded by Councilman Roberrs to consider Item Nee 14 on the ageodd, and to continue with the items as time permits. CONSIDERATION OF ASSESSMENT FOR WEED AND RUBBISH ABATEMENT OF SEASONAL AND RECURRING WEEDSi PHASE I: The City Manager presented a report from the Public Works Director dated November 3, 1971, which indicated thatin accordance with Resolution Nee 1161, the work ordered to abate a public nuisance consisting of seasonal and recurring weeds has been completed, and that a resolution has been prepared confirming the weed abatement assessment and imposing the special assessment on the parcels. Because it was felt that this item might be of particular interest to various citizens of the community, it was moved by Councilman Fanel, seconded by Councilman Fanode and unanimously carried to continue the consideration of this item to this evening's session of the City Council. - 3- City Council Minutes November 8, 1971 CONSIDERATION OF REPORT ON STRAIGHT TALK~ INC: The City Manager presented a report dated November 3, 1971, which indicated that as requested by the City Council, the City Staff has been working closely with representativesof Straight Talk, Into to provide a facility which can be used by the organization for a youth counseling program. The report advised that a building will be officially donated to the City with the understanding that it will be used for the activities of Straight Talk, Inc; and that through the cooperation of the Cypress Elementary School District Board of Trustees, a portion of the Christins Swain School site will be made available for the location of the building. It was moved by Councilman Kenode and seconded by Councilman Lacayo to waive all required fees and permits as requested by Straight Talk, Into, required for the relocation of the building to the Swain School site. In answer to an inquiry from Councilman Kanel, the City Attorney advised that it would not be necessary for Councilman Kanel to abstain from voting on this matter even though he does serve on the Board of Directors of the organization. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Robarts and Harvey None None It was moved by Councilman Fanode and seconded by Councilman Kanel to initiate proceedings for approval of e Conditional Use Permit for the proposed use of the subject land and building by Straight Talk, Into The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Kenode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Fanode, seconded by Councilman Roberrs and unanimously carried to continue recommendations 1, 2 and 3, contained in the Administrative Report concerning this matter, to the next regular meeting of the City Council, scheduled to be held on November 22, 1971~ CONSIDERATION OF PROPOSED ALTERATIONS TO THE CITY HALL: The City Manager presented a report dated November 3, 1971, which advised that in conjunction with the proposed organizational plan which is anticipated to be implemented on January 1, 1972, the Staff has proposed several alterations to the City Hall in order to locate all of the key Staff people in one wing of the Civic Center° It was moved by Councilman Fanode and seconded by Councilman Roberrs to authorize the City Manager to award the contract for alterations to the City Hall as outlined in the report, to Mr. Dean Lows, for the amount of $2,735.00. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Henode, Lacayo, Robarts and Harvey None None It was moved by Councilman Fanode and seconded by Councilman Roberrs to appropriate $5,000o00 from the fund balance of the General Fund to Account Noo 4310-692. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Robarts and Harvey None None -4- City Council Minutes November 8, 1971 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Kenode and seconded by Councilman Renal te approve the Commercial Warrant List for Warrants Noo 27905 through 27990 in the total amount of $57,944.19. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Kanel, Fanode, Lacayo and Harvey None None Roberrs CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: (RECREATION AND PARK DISTRICT): It was moved by Councilman Lacayo and seconded by Councilman Kenode to approve the Cypress Recreation and Park District Commercial Warrant List for Warrants No, 1101 through 1122 in the total amount of $19,230.41. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Kanel, Kenode, Lacayo and Harvey None None Robarts At this time, it was moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously carried to place on the agenda, the consideration of selecting a delegate to attend the Orange County Division League of California Cities Executive Meeting~ Since the official delegate is the Mayor of the City, it was moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously carried to appoint the Mayor Pro-Tom as the alternate delegate to the Executive Meeting of the League of California Cities, scheduled to be held on November 11, 1971o RECESS: It was moved by Councilman Fanode, seconded by Councilman Fanel and unanimously carried to recess at 5:30 p,m. to 7:30 pomo CALL TO ORDER: The meeting was called back to order at 7:35 p.m., in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Fanel, Fanode, Lacayo, Roberrs and Harvey ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E, Erickson and the following members of the City Staff: Dunlap, Savord, Schatzeder, Nudeon and Bryant. PLEDGE OF ALLEGIANCE: Councilman Roberrs led the City Council and audience in the Pledge of Allegiance. At the request of Mayor Harvey, the City Manager reviewed the various actions which had been taken by the City Council at its afternoon session° It was moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously carried to consider Items No, 13 and 14 on the agenda, out of order, immediately following Oral Communications° - 5- City Council Minutes November 8, 1971 389 ORAL COMMUNICATIONS: There were no oral communications presented at this time° CONSIDERATION OF A SAFE ROUTE FOR SCHOOL CHILDRENTODICKERSON'SCBOOL: The City Manager presented a report dated November 3, 1971 from the Public Works Director, which indicated that attendance boundaries were changed by the Cypress Elementary School District so that all those children in the Lake Park tract between Juanits and Valley View are required to attend the Elizabeth Dickerson Elementary School, which is located on the south side of Ball Road. It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to accept a proposal made by Mayor Harvey, that the City establish a crosswalk at Juanits Street and Ball Road, and that a Crossing Guard be provided, and possibly a flashing warning light installed; and further to request the City Manager to negotiate with the City of Buena Park in order to resolve the question of the Crossing Guard at Ball Road and Bernadette Avenue, and that the existing crosswalk markings at that location will remain. It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to approve the location of an asphalt walkway on the west side of Juanits Street and on the north side of Ball Road as outlined in the report. CONSIDERATION OF ASSESSMENT FOR WEED AND RUBBISH ABATEMENT OF SEASONAL AND RECURRING WEEDS, PHASEI (Continued): For the benefit of the audience, the City Manager reviewed a report dated November 3, 1971 from the Public Works Director, which had been presented to the City Council at its afternoon session. It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications. It was moved by Councilman Roberrs and seconded by Councilman Kanel to adopt the following resolution by title only, title as follows: RESOLUTION NO o 1211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIEMING THE REPORT OF COSTS OF ABATEMENT OF SEASONAL AND RECURRENT WEEDS GROWING UPON 0R 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 was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Kenode, Lacayo, Roberrs and Harvey None None It was the consensus of the City Council that the Staff consider a procedure to notify all churches in the community, well in advance of the weed abatement cleaning to allow for the church to have members of their congregation assist in controlling the weeds on the church properties. PUBLIC HEARING RE: CONSIDERATION OF APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN AMENDMENT TO THE ZONING ORDINANCE NO, 90~ KNOWNAS ZONE CHANGE Z-203: The Mayor announced this was the time and place for the Public Hearing to consider an appeal of the Planning Commission's denial of an amendment to the Zoning Ordinance No~ 90, to change the zone of a certain parcel of land from R-1 (Single-Family Residential) to C-1 (Neighborhood Stores) on property generally located on the west side of Valley View Street immediately north of the City of Cypress - City of Garden Grove boundary line, identified as 11741 Valley View Street, Cypress, and known as Zone Change Z-203. -6- ~ity Council Minutes November 8, 1971 The Mayor declared the Public Hearing open, and requested the Staff to present its reports° The City Manager presented a report dated November 3, 1971, which indicated that the affidavits of mailing, posting and publication ofthe Public Hearing notice are on file in the office of the City Clerk. Attached to the report, is a report from the Secretary of the Planning Commission, which describes the subject property and surrounding properties. Speaking in favor of the request for a zone change, was the applicant, Mr. Thomas Van Ruiten, 11741 Valley View Street, Cypress° Also speaking in favor of the application were the following: Mro John Perkins, 5351 Amy Avenue, Garden Grove Mr. Lloyd Nunnenkamp, representing the Cypress Chamber of Commerce Mro Richard Turner, 11625 Luau Lane, Cypress Mr. Robert Whitehead, 5382 Laurelton Avenue, Garden Grove Mro Carl Hoover, 11531 New Zealand, Cypress Addressing the City Council in opposition to the zone change were the following: Mrs. Ann Stone, 5931 Santa Catalina Avenue, Garden Grove FAr. Jim Stone, 5931 Santa Catalina Avenue, Garden Grove Mrs° Nancy Bushlet, 5921!Santa Catalina Avenue, Garden Grove Mrs. Jo Bo Milho, 5941 Santa Catalina Avenue, Garden Grove It was moved by Councilman Robarts, seconded by Councilman Kenode and unanimously carried to close the Public Hearing. It was moved by Councilman Kenode and seconded by Councilman Kanel to approve a change of zone of the subJ oct property from R-1 to C-l. In order to accept further testimony, it was moved by Councilman Kanel to re-open the Public Hearing° Councilman Kanel'smotion died for a lack of a second. The motion to approve the zone change failed to carry by the following roll call Vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 3 COUNCILMEN: 0 COUNCILMEN: Kanel and Kenode Lacayo, Roberrs and Harvey None It was moved by Councilman Robarts and seconded by Councilman Lacayo to uphold the Planning Com=nission's decision to deny the zone change. Councilman Roberrs stated, for the record, that w~ile he was moving to deny the zone change, he did want it to be clear that according to what he knows about Mro Van Ruiten's activities, his business endeavors are such that it is a benefit to the City, and that this action in no way would prejudice his mind as to the non-conforming use that presently exists. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Kenode and seconded by Councilman Roberrs to direct the City Attorney to investigate the possibility of changin~ the R-1 zone use requirements to permit an additional use in connection with the existing non-conforming uses in that zone~ The motion was unanimously carried by the following roll call vote: -7 - City Council Minutes November 8, 1971 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None RECESS: Mayor Harvey declared a recess at 9:03 p~m~ The meeting was called back to order at 9:10 pom., with all Councilmen present. PUBLIC HEARING RE: CONSIDERATION OF ADOPTION OF ORDINANCE BY REFERENCE RE: ANIMAL CONTROL: The Mayor announced this was the time and place for the Public Hearing to consider the adoption by reference of Orange County Ordinance No. 2159 and amended by Ordinances No. 2216, 2385 and 2417 relating to animal control, welfare, license and health requirements, and providing penalties for the violation of this ordinance. The Mayor declared the Public Hearing open, and requested the Staff to present its report° The City Manager presented a report dated November 3, 1971, which indicated that the City Council, at its regular meeting held on October 12, 1971, adopted the first reading of the ordinance and scheduled a Public Hearing for 8:00 p.m. on Monday, November 8, 1971. The report advised that the affidavits of publication and posting of the Public Hearing notice are on file in the office of the City Clerk, and no communications have been received in reference to the adoption of this ordinance. There being no one to speak in favor or in opposition to the adoption of the ordinance, Hayor Harvey declared the Public Hearing closed. It was moved by Councilman Fanode, seconded by Councilman Lacayo and unanimously carried to read the following ordinance by title onlyo Title of the ordinance is as follows: ORDINANCE NO o 469 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING SECTION 3-1~1 TO 3-9~2, INCLUSIVE OF CHAPTER 3 OF THE CYPRESS CITY CODE: ADDING SECTIONS TO CHAPTER 3 OF THE CYPRESS CITY CODE, HEREBY ADOPTING BY REFERENCE ORANGE COUNTY ORDINANCE NO. 2159 AS ENDED BY ORANGE COUNTY ORDINANCES NO. 2216 AND 2385 AND 2417, ALL OF WHICH ORANGE COUNTY ORDINANCES RELATE TO ANIMAL CONTROL, WELFARE, LICENSE AND HEALTH REQUIREMENTS AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. It was moved by Councilman Fanode and seconded by Councilman Robarts to adopt Ordinance Noo 469. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Roberrs and Harvey None None ORAL COMMUNICATIONS: There were no oral communications presented at this time. -8- Ci Council Minutes November 8, 1971 ADJOURNMENT: It was moved by Councilman Robarts, seconded by Councilman Fanode and unanimously carried to adjourn at 9:14 p.m., to 8:30 a.m. on November 20, 1971 at the Los Alamitos Country Club, for the purpose of conducting a Joint meeting with the Cypress Chamber of Commerce. ATTEST: / MAYOR OF THE CITY OF CYPRE~/ -9-