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Minutes 72-05-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL May 22, 1972 The regular meeting of the Cypress CiEy Council was called to order at 4:05 p.m., on Monday, May 22, 1972~ in the Cypress City Council Chambers, 5275 Orsnee Avenue, Cypress, California, Mayor Pro Tom Frankiewfch presiding° PRESENT: Councilmen Frankiew~ch, Harvey, Kanel and Roberrs ABSENT: Mayor Laoayo Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson and the following members of the City Staff: Bryant, Dunlap, and Grissom. EXECUTIVE SESSION: It was moved by Councilman Robot=s, seconded by Councilman Kanel and unanimously carried to go into an Executive Session at 4:06 p.mo, in order to discuss smatter of personnel. MAYOR LACAYO ARRIVED AT 4:17 P.M. The meeting was called back to order at 4:33 p.m., with all Councilmen present° MINUTES: It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich to approve the Minutes of April 18, 1972 and May 8, 1972, as presented~ Following a discussion concerning the re~erksincluded in the Minutes of MAy 8, 1972, under "DISCUSSION ON CITIZENS' LOBBY OF COMMON CAUSE," Councilman Robe~ts withdrew his motion. It was moved by Councilman Robot=s, seconded by Councilman Ks=el and unanimously eartied, with an abstaining vote by Councilman Harvey ash e had not been present, to approve the Minutee of April 18, 1972, as presented° It was moved by Councilman Roberrs and seconded by Councilman Kanel to approve the Minutes of MAy 8, 1972, with the following correction: The last sentence in the first paragraph on page 11 will be amended to read, "Councilman Roberrs then stated that he wanted it on the record, that the City Council of Cypress is fully aware of these requirements." The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCII.MEN: 1 COUNCII/4EN: 0 COUNCILMEN: Frankiewich, Kanel, Roberte and Lacayo Harvey None STAFF REPORTS AND DISCUSSIONS: It was moved by Councilman Robot=s, seconded by Councilman Kanel and unanimously carried to place on the age=de for consideration at this time, a matter pertaining to the Airport Land Use Commission and its activities° The City Manager then reviewed the activities of the Airport Land Use Commission during the pest few months, with particular emphasis placed on a recent meeting City Council Minutes May 22, 1972 of the Commission which was artended by both he and Councilman Roberts~ Following discussion, it was the general consensus of the City Council that all cities which would be affected by a decision of the Airport Land Use Commission relative to the ultimate use of the Los Alamitos Naval Air Station property should it become available, would be contacted, and that a presentation will be made before the Commission at its meeting scheduled to be held on June 15, 1972o It was the desire of the Council that information regarding this matter, along with a report from the City Attorney, be presented at its meeting of June 12, 1972~ EXECUTIVE SESSION: It was moved by Councilman Kate1, seconded by Councilman Roberrs and unanimously carried to go into an Executive Session at 5:15 p.m., to discuss a matter of personnelu The meeting was called back to order at 5:35 p.m., with all Councilmen present° At the request of the City Manager, it was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to place on the agenda for consideration at this time, the City Council's policy reSarding the attendance of locally sponsored events, as paid guests, by City officials. It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich that the City Council, as a policy, encourage the attendance of locally sponsored events as paid guests, by the Chairman or representative from the City's Commissions and a representative from the City Staff. Discussion was held regarding the ~mediate need for the City to recruit for the position of Planning Director, and the establishment of a salary for the position° It was moved by Councilman Roberrs and seconded by Councilman Kanel that the salary for the position of Planning Director be established at $18,000 per Following a discussion, Councilmen Roberrs and Kanel amended their motion to establish the salary range for the position of Planning Director from $16,000 to $20,000 per annum. RECESS: It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to recess at 6:00 pom. to 7:00 p.m. CALL TO ORDER: The meeting was called back to order at 7:10 p.m., in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding~ PRESENT: Councilmen Frankiewich, Harvey, Kanel, Roberrs and Lacayo ABSENT: None EXECUTIVE SESSION: It was moved by Councilwoman Frankiewich, seconded by Councilman Roberrs and unanimously carried to go into an Executive Session at 7:11 p~mo, to discuss a matter of personnel. The meeting was called back to order at 7:32 p.m~, with the following Councilmen present: PRESENT: Councilmen Frankiewich, Harvey, Eanel, Roberrs and Lacayo ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson and the following members of the City Staff: Bryant, Dunlap, Grissom, Nudeon, Savord and Schatzeder. - 2- City Council Minutes May 22, 1972 CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRUCTION OFACONCRETE'SIDEWALK AT ARNOLD/CYPRESS'PARK: The City Manager presented a report dated May 17, 1972, from the Finance Director, which outlined the bids received on May 15, 1972 for the installation of 4,334 sq. ft. of 4" concrete sidewalks at Arnold/Cypress Park~ It was moved By Councilman Robarts and seconded by Councilwoman Frankiewich to accept the bid of G. L. Keller, Inc. as the lowest responsible bid and to award the contract for the construction of concrete sidewalks at Arnold/Cypress Park, 8611 Watson Street, Cypress, California, to G. L. Keller, Into, 9882 Boles Avenue, Westminster, California. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNt IIMEN: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Robarts and Lacayo None None CONSIDERATION OFAWARD OF CONTRACT TO PURCRASEMILORGANITE: The City Manager reviewed a report dated May 17, 1972, from the Finance Director, which indicated that bids were requested from six vendors; however, only one bid, from Bandini Fertilizer, 4139 Bandini Boulevard, Los Angeles, California, was received° It was moved by Councilman Robarts and seconded by Councilman Kanel to accept the Request for Quotation #7172-8 and to award the contract for the purchase of Milorganite to Bandini Fertilizer, 4139 Bandini Boulevard, Los Angeles, California~ Discussion was held relative to the possibility of contacting a firm in Orange County which might be interested in submitting a bid for this project, following which, Councilman Roberrs and Councilman Kanel withdrew their motion. It was then moved by Councilman Roberrs and seconded by Councilman Kanel to continue this matter to the next regular meeting of the City Council° At the request of the City Manager, it was moved by Councilman Harvey and seconded by Councilwoman Frankiewich, as a substitute motion, to reject the Bids which were received and to reopen the advertising. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Roberrs and Lacayo None None CONSI~ERATIONOFAWARD OF CONTRACT TO FURNISH ANDAPPLYSLURRYSEAL: The City Manager presented a report dated May 17, 1972, from the Public Works Director, which indicated that bids for the application of slurry seal on various City parking lots, Project #7237-10, were opened in the office of the Finance Director at 10:00 aom., May 17, 1972. It was moved by Councilman Roberrs and seconded by Councilman Fanel to determine that Flex Paving Inc., 2833 North Bristol Street, Suite 6-C~ Santa And, California is the lowest responsible Bidder for the application of slurry seal to various City parking lots, Project #7237-10, and to award a contract to Flex Paving, Inc., in the amount of $3,920°70 per their proposal dated May 17, 1972. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Hanel, Roberrs and Lacayo None None CONSIDERATION OF AWARD OF CONTRACT FOR SEWER CLEANING AND SEWER TAPS: The City Manager presented a report dated May 17, 1972, from the Finance Director, which advised that bids were received and opened in the office of the Purchasing Officer for sewer cleaning and sewer taps at 10:00 a.m. on May 1, 1972o -3- City Council Minutes May 22~ 1972 It was moved by Councilwoman Frankiewich and seconded by Councilman Roberrs to accept the bid of Willis H0 Walker as the lowest responsible bid and to award the contract for sanitary sewer cleaning and sewer taps through April 30, 1973 to Willie Ho Walker, 414 No Philadelphia Street, Andhelm, California, with the total contract not to exceed $20,000.00. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Harvey, Hanel, Roberrs and Lacayo None None CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTIONOFTHEVALLEYVIEW STREET EXTENSIONOFTHE7~A~lSTORMDRAINPROJECT'#7211~2.0: The City Manager presented a report dated May 16, 1972, from the Public Works Director, which indicated that bids for the conetruction of the Valley View Street extension of the 7-A-1 storm drain, Project #7211-20, were opened by the City Clerk at 10~00 aomo, May 16, 19720 It was moved by Councilman Harvey and seconded by Councilman Roberrs to determine that the lowest responsible bid was submitted by Credence Construction Company, P~O~ Box 182, Laguna Beach, California, for the construction of the Valley View Street extension of the 7-A-1 storm drain, Project #7211-20, and to award the contract to Credence Construction Company per their proposal dated May 16, 1972 in the amount of S17,450o16o The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Roberrs and Lacayo None None CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTHUCTIONOFSTREET IMPROV[MENTS AT THE INTERSECTION OFMOODY STREET'AND BALL ROAD iPROJECT#7136~50: The City Manager __ presented a report from the Public Works DireCtor dated May 17, 1972, and a supplemental report dated May 18, 1972, which outlined the bids received for the street improvement at the intersection of M~ody Street and Ball Road° It was moved by CoUncilman Harvey and seconded by Councilman Fanel to determine that Baxter Criffin Company, 8210 Monroe Street, Stanton, California, submitted the lowest responsible bid, and to award a contract for the construction of street improvements at the intersection of Hall Road and Moody Street, Project ~7136-50 to Baxter Griffin Company per their proposal dated May 18, 1972 in the amount of $51,127.50, subject to the approval of the Federal Highway Administration° The motion was unanimously carried by the following roll call vote~ AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Roberrs and Lacayo None None PUBLIC .HE~RING RE: CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE, ESTABLISHING REGULATIONS FOR DEDICATIONOF LANDs PAYMENTOF FEESi OR'BOTHiFOR PARK AND'RECREATIONAL LA__ND: The Mayor announced this was the time and place for the Public Hearing to consider an amendment to the Zoning Ordinance No. 90, establishing regulations for the dedication of land, payment of fees, or both, for park and recreational lando THe Mayor declared the Public Hearing open, and requested the Staff to present its report° The City Manager presented a report dated May 17, 1972, which advised that the affidavits of posting and publication of the Public Hearing notices are on file in the office of the City Clerk, and no communications have been received in reference to this matter. -4- Ci:y Council Minutes May 22, 1972 S Mr~ Philip Sican, 9582 Juanits Street, Cypress, addressed the City Council requesting clarification of the proposed Ordinance. Following discussion, the Mayor declared the Public Hearing closed° It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND° It was moved by Councilman Renal and seconded by Councilman Roberrs to approve the first reading of the Ordinance, with the words "as submitted" in Section 25-77, paragraph 2, deleted° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Harvey, Renal, Robertsand Lacayo None None It was moved by Councilman Roberrs, seconded byCouncilman Harvey and unanimously carried that the City Council, as a policy, direct the Secretary of the Planning Commission to obtain his estimates of land values through the services of an SEA° PUBLIC HEARING RE: CONSIDERATION OF AN EXTENSION OF AN URGENCY ORDINANCE REGARDING SETBACKUSES'INTHE.'H~C 'ZONE~. The Mayor announce~ this was the time and place for the Public Hearing to consider an extension of an urgency Ordinance amending Section 114o7A2 of Ordinance No. 90, the Zoning Ordinance of the City of Cypress, regarding setback uses in the H-C (Highway Commercial) Zone~ for the period of one year° The Mayor declared the Public Hearing open, and requested the Staff to present its report~ The City Manager presented a report dated May 17, 1972, which indicated that this Ordinance was originally adopted to establish an interim setback requirement in the H-C Zone until such time as the Lincoln Avenue Study Committee had completed its findings and submitted them to the City Council for consideration° The report advised that the Committee recommendations are currently being studied by the Staff and Plannins CommissiOn° There being no one to speak in favor of or in opposition to the extension of the urgency Ordinance, the Mayor declared the Public Hearing closed~ It was moved by Councilman Harvey, seconded by Councilman Robarts and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. 482 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 478, REGARDING SETBACK USES IN THE H-C (HIGHWAY COMMERCIAL) ZONE, BY EXTENDING THE TERM THEREOF FOR A PERIOD OF ONE YEAR. It was moved by Councilman Harvey and seconded by Councilman Ranel to adopt urgency Ordinance No~ 482~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Renal, Robarts and Lacayo None None -5- 6 City Council Minutes May 22, 1972 At the request of Mayor Lacayo, it was moved by Councilman Kanel, seconded by Councilman Roberrs and unanimously carried to place on the agenda for consideration at this time, the adoption of a Resolution supporting "100,000 in May", which is being conducted by the Los Angeles Memorial Coliseum Commission. It was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS IN SUPPORT OF 100,000 IN MAY BEING CONDUCTED BY THE LOS ANGELES MEMORIAL COLISEUM CO~ISSION ON MAY 29, 1972o The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Hanel, Roberrs and Lacayo None None ORAL COMMUNICATIONS: Mrs° Fred Neubauer, 6812 Jonathan Ave., Cypress, addressed the City Council in reference to a brochure concerning fly breeding and control. It was the general consensus of the City Council that the City Manager present a recommendation as to how the brochures might be distributed to the citizens of the community, to the Council at a future meeting. At this time, Mr. Chris Lyou, 7180 Fillmore Drive, addressed the City Council representing a group of students from Cypress College who ware opposed to the action taken by the City Council at its meeting of May 8, 1972 in which the City Council adopted the USS Cook. Also addressing the Council in opposition to the adoption of the USS Cook, were Mro Dave Pendergast, 5595 Sprague Street, Cypress, and Mr. Douglas Heimo Following discussion, it was moved by Councilman Roberrs and seconded by Mayor Lacayo that a letter be directed to either the spokesman for the group represented this evening, or to the President of the Cypress College Student Body, thanking the students for expressing their feelings before the City Council; and, further, to suggest that perhaps a Councilman could visit the college in order to discuss with the students, the position of the Council on various utterso Following further discussion, Mayor Lacayo withdrew his second to the motion. Mr. Philip Sloan, 9582 Juanira Street, addressed the Council in support of the adoption of the USS Cook, RECESS: Mayor Lacayo declared a recess at 9:17 p.m. The meeting was called back to order at 9:30 p.m., with all Councilmen present. Mrs° Willisms, former Cypress resident, and Mr. Jack Leneker, 4504 Middlebury, Cypress, addressed the Council speaking in favor of the adoption of the USS Cook° Also speaking in reference to this utter were Mr, Carl De Pietro, 5212 Marcella Drive, Cypress, and Mrs~ Marie 0'Donnell, 4361 Nestle Street, Cypress, CONSENT CALENDAR: The Mayor announced that all matters listed under "Consent Calendar" were to be considered by the City Council to be routine, and enacted by one motion approving the recommendation contained in the Administrative Report concerning the matter~ - 6- City Council Minutes May 22, 1972 EXECUTIVE SESSION: It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to go into an Executive Session at 9:40 p.m., to discuss a matter of personnel° The meeting was called back to order at 9:55 p.mo, with all Councilmen present° Following a brief discussion, it was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to approve Items No. 7through 14 on the Consent Calendar° Item No. 7: Consideration of receipt of Orange County Mosquito Abatement District Minutes of the meeting held on April 20, 1972. Recommendation: Receive and file. Item No, 8: Consideration of request to proclaim September 10 through 15 as "Leukemia Week." Recommendation: That the Mayor and City Council proclaim September 10 through 15, 1972, as "Leukemia Week" in the City of Cypress. Item No~ 9: Consideration of claim of Maximo Gallardo. Recommendation: That the City Council officially reject the claim. Item No. 10: Consideration of Claim for alleged injuries and damages resulting from an incident involving Cypress Police Officers at 5032 Lincoln Avenue, Cypress, on or about February 22, 1972. Recommendation: That the City Council officially deny the claim submitted by Mro Robert Christensen, Attorney for Mr. Dick Koolheas, and forward to the City'a insurance carrier for any further disposition. Item No. 11: Consideration of communication from Mr. Jack Green, President of the California Association of Governments, requesting adoption of a Resolution supporting measures to increase the natural gas supply to Southern California, Recommendation: That the City Council support this measure, and request the City Manager to forward letters of support to the appropriate federal agencies. Item No, 12: Consideration of certification of employment list for the position of Building Inspector. Recommendation: That the City Council certify the employment list for Building Inspector, as presented. Item No. 13: Consideration of certification of employment list for the position of Maintenance Man I, under the Public Employment Program (PEP). Recommendation: That the City Council certify the employment list for Maintenance Man I, as presented. Item No. 14: Consideration of certification of employment list for the position of Police Officer. Recommendation: That the City Council certify the employment list for Police Officer, as presented. CONTINUATION OF CONSIDERATION OF MONTHLY FINANCIAL REPORT: The City Manager presented a report dated May 17, 1~72, which indicated that the City Council continued the consideration of this item from its meetings of April 24, 1972, and May 8, 1972. -7- City Council Minutes May 22, 19'72 It was moved by Councilmen Robarts, seconded by Mayor Lacayo end unanimously carried to continue the consideration of this item to the next adjourned regular meeting of the City Council, scheduled to be held on June 9, 1972. CONTINUATIONOF CONSIDERATION OF REQUEST FOR ADDITIONAL APPROPRIATIONS: Manager presented a report dated May 17, 1972, which indicated that this matter was continued from the Council meeting of May 8, 1972o The City It was moved by Councilman Roberrs and seconded by Councilman Fatal that the City Council authorize the following: An appropriation of $41,385.00 from the fund balance of the General Fund to the accounts as outlined in the report from the Finance Direct,z, dated May 4, 1972o 2o A transfer of $5,000.00 from the General Fund to the Litigation Fund° 3. An appropriation of $5,000.00 from the fund balance of the Litigation Fund to account 4250-358. An appropriation of $865.00 from the fund balance of the Gas Tax 2106 Fund to the accounts as outlined in the May 4th report from the Finance Director° An appropriation of $255.00 from the fund balance of the AoH.F.Po Fund to the accounts as gutlined in the May 4th report from the Finance Director. e An appropriation of $2,195.00 from the fund balance of the Street Lighting District No. 2 Fund to the accounts as outlined in the May 4th report from the Finance Director. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, ROberrs and Lacayo None None CONSIDERATION OF RECOMMENDATION OF PARK BOND ISSUE DATE: The City Manager presented a report dated May 17, 1972, from the Recreation and Park Director, which indicated that the Recreation and Park Commission recommended to the City Council, that the date of June 5, 1973 be set for the park bond issue election° It was moved by Councilman Robarts, seconded by Councilman Fanel and unanimously carried to receive and file the report. CONSIDERATION OF PARK BOND ISSUE--COMMISSION RECOMMENDATION: The City Manager presented a report dated May 17, 1972, from the Recreation and Park Director, which i n d i c a ted tha t the Recreation and Park Commission, at its regular meeting of May 9, 1972, recommended to the City Council reconsideration and withdrawal of their directire to the staff for the employment of a professional survey team to survey the needs and desires of the citizens for a park bond issue. It was moved by Councilman Roberrs and seconded by Councilman Fanel to receive and file the report. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Fanel, Roberrs and Lacayo Harvey None -8- City Council Minutes May 22, 1972 Discussion was held regarding the use of a professional survey team, and it was the general consensus of the City Council that this team would be used to assist a group of citizens in the community who would be interested in participating in such a survey. Addressing the City Council in regard to the proposed park bond issue, were Mrs. Connie Bleick, 4951 Lemon Ave., Cypress, and Mr. John Leneker, 4504 Middlebury Circles Cypress. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTSNO~ 1493 THROUGH 1513 (RECREATION &PARKDISTRICT): It was moved by Councilman Roberrs and seconded by Councilmen Fanel to approve the Recreation and Park District Commercial Warrant List for Warrants Noo 1493 through 1513 in the total amount of $11,131~16o The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Roberrs and Lacayo None None CONSIDERATION OF ACCEPTANCE OF IMPROVBMENTS AND RELEASE OF BONDS FORTRACTS7044: The City Manager presented a report dated May 17, 1972, from the Public Works Director, which indicated that the public improvements in Tract ~7044 have been satisfactorily completed in accordance with plans and specifications. It was moved by Councilman Roberrs and seconded by Councilman Fanel to accept the public improvements in Tract #7044 as being satisfactorily completed in accordance with plans and specifications and to authorize the City Clerk to release the Monumentation Bond and the Labor and Material Bond upon expiration of their required lien period providing no mechanic liens are filed. The motion was unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Robarts and Lacayo None None CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS~-PROJ~ #7212-20~ 6-A-i STORM DRAIN FOR HIGH SCHOOL: The City Manager presented a report dated May 16, 1972, from the Public Works Director, which indicated that plans and specifications have been completed by the consultant for the 6-A-1 storm drain, Project #7212-20. It was moved by Councilman Harvey and seconded by Councilman Roberrs to approve the plans and specifications for the 6-A-1 storm drain, Project #7212-20, and to authorize the City Clerk to advertise for bids with the bid opening to be June 20, 1972, at 10:00 a,mo The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: AHSENT: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Roberrs and Lacayo None None CONSIDERATION OF ACCEPTANCE OF FINAL TRACT MaP ~7595: The City Manager presented a report dated May 16, 1972, from the Public Works Director, which indicated that Tract #7595 is the third unit in Tentative Tract Map #6932, which was approved by the City Council on August 23, 1971. The report further indicated that the final map agrees substantially with the tentative map, as approved. It was moved by Councilman Harvey and seconded by Councilwoman FrankiewiCh to approve Final Tract Map #7595 and to accept the bonds and agreements for public improvements in the amount of $205,850.00, which is not less than 50% nor more than 100% of the total improvements, and to authorize the Mayor and the City Clerk to sign the agreements and the City Clerk to sign the record map upon - 9- City Council Minutes May 22, 1972 completion of the following conditions: (a) Approval of bonds and agreements by the City Attorney, (b) Completion of corrections required for improvement plans~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Roberrs and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF AN APPLICATION FOR A PRIVATE PATROL PERMIT~-BONAFIDESECURITy SERVICE: The City Manager presented a report dated May 17, 1972, which advised that the City has received an application from Mr. William Bertecho of Bonafide Security Service for a Private Patrol Permit~ It was moved by Councilman Roberrs and seconded by Councilman Harvey to grant the permit ae requested by Bonafide Security Service. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Fanel, Roberrs and Lacayo None None CONSIDERATION OF AUTHORIZATION FOR SUBMISSION OF A DISCRETIONARY GRANT PROPOSAL ~6 THE LAW ENFORCEMENT ASSISTANCE ADMIN!.STAIATION FOR S~RAIGHT TALKiINC: The Ckty Manager presented a report dated May 17, 1972, which indicated that the City Council, at its meeting of April 24, 1972, authorized the Staff to prepare a grant proposal for funding Straight Talk, Inc., to be submitted to the Law Enforcement Assistance Administration. Following considerable discussion, it was moved by Councilman Harvey and seconded by Mayor Lacayo that the City Council (1) authorize the Staff to submit the discretionary grant proposal to the Law Enforcement Assistance Administration for Straight Talk, Inc., and (2) authorize the staff to apply for an additional Public Employment Program position known as program coordinator. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 1 COUNCILWOMAN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Harvey, Roberrs and Lacayo Frankiewich None Kanel Councilman Fanel indicated that he had abstained from voting on this issue as he serves as a member on the Board of Directors for the organization° RECESS: Mayor Lacayo declared a recess at 11:20 p.m. The meeting was called to order at 11:23 p.m,, with the following Councilmen present: PRESENT: Councilmen Frankiewich, Harvey, Roberrs and Lacayo ABSENT: Councilman Hanel qONSIDERATION OF CODE CHANGES REGARDING APPEAL OF PLANNING COMMISSION ACTIONS: The City Manager presented a report dated May 17, 1972, which indicated that at its _ regular meeting of May 8th, the City Council requested that consideration of a possible change in the procedure used to appeal Planning Commission actions be placed on the agenda of the May 22nd City Council meeting. - 10 - City Council Minutes May 22, 1972 Following discussion concerning this item, it was moved by Councilman Roberrs and seconded by Mayor Lacayo that the City Council initiate an amendment to Sections 124.3,124.13 and 124o18 of the Zoning Ordinance Code to allow an individual Councilman an opportunity to appeal any decision made by the Planning Commission to the City Council with a waiver of the appeal fee° The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 1 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Roberrs and Lacayo Harvey Fanel CONSIDERATION OFESTABLISHING "NO PARKING" AREAS ON BLOOMFIELDSTREETi'GRINDLAY STREETi=AND'KATELLAAVENUEAND'"TOWAWAY"ZONEONKATELLA'AVENUE: The City Manager reviewed a report dated May 17, 1972, with indicated that the Advisory Traffic Committee, at its meeting of May 12, 1972, recommended to the City Council that "No Parking" areas be established on Bloomfield Street, east side, south of Ball Road; Grindlay Street, east side, north of Orange Avenue; and a "No Parking - Tow Away" zone on Fatella Avenue, north side from 2,900 feet east of the west city limit line to Walker Street~ It was moved by Councilman Harvey and seconded by Councilman Robarts to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING NO PARKING AREAS. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Robertsand Lacayo None Kanal It was moved by Councilwoman Frankiewich and seconded by Councilman Roberrs to adept the following Resolution by title only, title as follows: RESOLUTION NOo 1257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING PORTIONS OF KATELLA AVENUE AS A "NO PARKING - TOW AWAY ZONE." The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN:. 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Roberrs and Lacayo None Fanel CONSIDERATION OF APPLICATION FOR FRANCHISE TO INSTALL CABLE TELEVISION IN PUBLIC RIGHT OF WAY: The City Manager presented a report dated May 17, 1972, which indicated that the City has received an application from Shepoll Industries, Into for a franchise, pursuant to the Franchise Act of 1937, to use the public right of way for the purpose of placing an underground cable to be used aa a master antenna to transmit television to their properties now being developed as a single-family residential subdivision in the area north of Orangewood, east of Valley View Street° It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING ITS INTENTION TO GRANT A FRANCHISE FOR TRANSMISSION OF TELEVISION BY UNDERGROUND CABLE TO SHAPELL INDUSTRIES, INC. - 11 - C~y~ouncil Minutes May 22, 1972 The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Franktewich, Harvey, Roberrs and Lacayo None Kanel CONSIDERATION OF CITY OF CYPRESS COMMISSIONS AND COMMITTEES: The City Manager presented a report dated May 17, 1972, which summarized the terms of office of each of the current members of the City's commissions and committee, as was requested by the City Council at its regular meeting of May 8, 1972o It was moved by Councilman Roberrs to go into an Executive Session to discuss a matter of personnel. Councilman Roberrs' motion died for a lack of a second. It was moved by Councilwoman Frankiewich, seconded by Councilman Harvey and unanimously carried to continue this matter, along with Items Noo 30, 33 and 34 on the agenda, to the next regular meeting of the City Council, scheduled to be held on June 12, 1972o CONSIDERATION OF CONTRACT RENEWAL FOR CITY TOWING SERVICE: The City Manager presented a report dated May 17, 1972, which indicated the current contract for the City towing service with Cypress Auto Tow will expire on June 30, 1972. It was moved by Councilman Robarts, seconded by Councilwoman Frankiewich and unanimously carried to continue the consideration of this item to the next regular meeting of the City Council, scheduled to be held on June 12, 1972o CONSIDERATION OF THE GENERAL PLAN ELEMENTS: The City Manager presented a report dated May 17, 1972, which indicated that =he City Council, at its regular meeting of May 8, 1972, requested that =he consideration of the General Plan elements be placed on the agenda for the City Council meeting of May 22, 1972. Following a review of the General Plan elements, it was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to receive and file the rapotto CONSIDERATION OF AN AGREEMENT WITH THE CITY OF LOS ALAMITOS FOR TRAFFIC CONTROL AND POLICE SERVICES: The City Manager presented a report dated May 17, 1972, which indicated that pursuant to the action of the Cypress City Council at its regular meeting of March 13, 1972, the City Attorney is in the process of completing an agreement between the City of Cypress and the City of Los Alamitos for traffic control and police services, as originally proposed in a report to the City Council dated March 8, 1972o It was moved by Councilman Robarts and seconded by Councilwoman Frankiewich to approve the agreement as outlined in the report, 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: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Roberrs and Lacayo None Kanel CONSIDERATION OF REQUEST FOR ADDITIONAL APPROPRIATION: The City Manager presented a report dated May 17, 1972, from the Finance Director, which indicated that an additional appropriation of $9,600.00 is required for weed abatement due to actual costs exceeding the budgetary estimate. It was moved by Councilman Harvey and seconded by Councilman Roberrs to appropriate $9,600°00 from the fund balance of the General Fund to Account #4571-359. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Roberrs and Lacayo None Kanel - 12- City Council Minutes May 22, 1972 CONSIDERATIONOF APPROVAL OF CC~ERCIAL WARRANT LIST FOR WARRANTSNO;29295 THROUGH 29417: It was moved by Councilman Roberrs and seconded by Councilwoman Frankiewich to approve the Commercial Warrant List for Warrants No. 29295 threugh 29417 in the total amount of $107,269.57. The motion was unanimously carried by the folio%ring roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Roberrs and Lacayo None Kanel SECOND READING OF ORDINANCE ESTABISHING A RESIDENTIAL ESTATE (R~E) ZONE: It was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to read the following Ordinance by title only. Title of the Ordinance is as follows: ORDINANCE NO. 483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY ESTABLISHING A RESIDENTIAL ESTATE (R-E) ZONE. It was moved by Councilman Roberts and seconded by Councilwoman Frankiewich to adopt Ordinance No. 483. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Frankiewich, Roberts and Lacayo None Fanel Harvey At the request of Mayor Lacayo, it was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to place on the agenda for consideration at this time, a matter pertaining to the Junior Statesman of America summer school program in Sacramento, California, during the month of Julyo Following a general discussion concerning this matter, it was realized that the request had been received too late to act upon this year° It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to place on the agenda for consideration at this time, an item concerning the Orange County Division, League of California Cities report on the Environmental Enhancement Program using revenues from sales tax on gasoline. It was moved by Councilman Roberrs to request the City's representatives to support the concept of the Environmental Enhancement Program at the future League meetings. Councilman Robert's motion died for a lack of a second. It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to place the consideration of the Environmental Enhancement Program on the agenda for the next regular meeting of the City Council, scheduled to be held on June 12, 1972. At this time, it was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to place on the agenda for consideration, a communication dated May 11, 1972, from Supervisor David Baker, regarding the Public Works and Economic Development Act. It was moved by Councilman Roberrs, seconded by Mayor Lacayo and unanimously carried that any Councilman wishing to support this program, attend the May 30, 1972 meeting of the Orange County Board of Supervisors, along with the City Manager, and make known the City's position. - 13 - ~y Council Minutes May 22, 1972 It was then moved by Councilman Roberrs, seconds1 by Mayor Lacayo and unanimously carried to platoon the ageride for consideration at this time, clarification of the Planning Commission Minutes. Councilman Roberrs indicated thee he felt that the Planning Commission Minutes have been a little too sketchy in places, and requested that if the item under consideration is of a controversial nature, that a brief description of the matter could be included. ~ It was moved by Councilman Roberrs, seconded by Mayor Lacayo and unanimously carried that the City of Cypress recommend the names of former Councilman Frank Nee, former Councilman Delno Kenode, and the former Mayor of Newport Beach, Doreen Marshall to serve as the public member on the Local Agency Formation Commission; and further, that the letter indicate that it was Councilman Harvey~s desire to include the name of Stan Northrop. ADJOURR~iENT: It was moved by Councilman Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to adjourn the meeting st 1|08 a.m., to 4 =00 pom. on June 9, 1972. MAYOR OF C Y OF fYPRESS ATTEST: CITY~.C~ERKO~ TIIE C~Y OF CYPRESS - 14 -