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Minutes 73-05-29MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL May 29, 1973 The regular meeting of the Cppress City Council was called to order at 4:09 p.m. on Tuesday, May 29, 1973, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tam Frankiewich presiding. PRESENT: ABSENT: Mayor Pro Tam Frankiewich Councilmen Harvey, Hanel, Lacayo and Roberrs Also present were City Manager/City Clerk Dartell Essex, City Attorney James trickson, and the following members of the City Staff: Bryant and Dunlap. RECESS: Due to a lack of a quorum, Mayor Pro Tam Frankiewich recessed the meeting until 5:00 p.m. in the Cypress City Council Chambers. CALL TO ORDER: The meeting was called back to order at 5:05 p.m., Mayor Roberrs presiding. PRESENT: ABSENT: Councilmen Frankiewich and Roberrs Councilmen Harvey, Kanel and Lacayo Due to a lack of a quorum, Mayor Roberrs recessed the meeting until 5:15 p.m. CALL TO ORDER: The meeting was called back to order at 5:15 p.m., Mayor Roberrs presiding. PRESENT: ABSENT: Councilmen Frankiewich, Harvey and Roberrs Councilmen Kanel and Lacayo Also present were CityManager/City Clerk Dartell Essex, City Attorney James trickson, and the following members of the City Staff: Bryant, Charkow, Dunlap, Hawley, Nudson and Schatzeder. At therequest of the City Manager, it was moved by Councilman Harvey, seconded by Councilwoman Frankiewich and unanimously carried to place on the agenda at this time a matter pertaining to a landscaping and irrigation improvement proJ oct for the median island on Valley View Street between Berry Drive and Ball Road. Following a discussion of the project, it was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to approve the expenditure of funds in the amount of $20,726.50 for the landscaping and irrigation systems for the median island on Valley View Street between Berry Drive and Ball Road. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Harvey and Roberrs None Kanel and Lacayo City Council Minutes May 29, 1973 CONTINUATION OF CONSIDERATION OF COMMITTEE AND COMMISSION APPOINTMENTS: It was the consensus of the City Council to continue consideration of this matter, Item 21, to their June 11, 1973 meeting. The City Council briefly discussed its policy of referring claims submitted to the City to the City's insurance carrier. Councilwoman Frankiewich stated that she would like to review complete copies of the claims submitted for informational purposes only. It was the consensus of the Council to continue with its present policy. At the request of Mayor Roberts, it was moved by Councilwoman Frankiewich, seconded by Councilman Harvey and unanimously carried to place on the agenda at this time consideration of a matter relating to the Council's attendance at the National Con- ference of Mayors to be held in San Francisco June 16-20, 1973. Following discussion, it was moved by Mayor Roberts and seconded by Councilwoman Frankiewich to authorize the attendance of the Mayor and any member of the City Council who wishes to attend the National Conference of Mayors to be held in San Francisco and that they be reimbursed for all actual and necessary expenditures. The motion carried by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich and Roberts Harvey Kanel and Lacayo CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRUCTION OF CURB, GUTTER AND SIDEWALK AND FOR REPAIR OF CURB~ GUTTER AND CROSS GUTTER AT VARIOUS LOCATIONS - CITY OF CYPRESS PROJECT #7303-.10:I The City Manager presented a report dated May 23, 1973 from the Public Works Director which outlined the bids received for the above project. It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey to award the contract for construction of curb, gutter and sidewalk and for repair of curb, gutter and cross gutter at various locations - Project #7303-10, to Pryor-Finch Constructors, 557 North Lamer Street, Burbank, California, per their low bid of May 22, 1973, in the amount of $9,653.40. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Harvey and Roberts None Kanel and Lacayo CONSIDERATION OF AWARD OF CONTRACT FOR PUBLICATION OF LEGAL ADVERTISEMENTS: The City Manager presented a report from the Finance Director dated May 23, 1973 and summarized Quotation #7273-84 regarding the publication of legal advertisements. It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to award the contract for the publication of legal advertisements to the Cypress News- Enterprise, 3722 Catalina Street, Los Alamitos, California, as being the lowest responsible bidder. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Harvey and Roberts None Kanel and Lacayo CONSENT CALENDAR: The Mayor announced that all items listed under "Consent Calendar" would be considered by the City Council as routine and enacted by one motion approving the recommendation contained in the Administrative Report concerning each matter. At the request of Councilman Harvey, Items No. 5 and 13 were removed from the Consent Calendar. -2- City Council Minutes May 29, 1973 It was moved by Councilwoman Frankiewich, seconded by Councilman Harvey and unani- mously carried to approve Items No. 3 through 18 of the Consent Calendar, with the exception of Items No. 5 and 13 which would be considered when the entire Council is present. Item No. 3: Consideration of an Application for an Alcoholic Beverage Control Permit - Bill's Ranch Market. Recommendation: Receive and file. Item No. 4: Consideration of a Claim Submitted by Mr. Dwight Yaden. Recommendation: That the City Council officially deny the claim in the amount of $600.00, submitted by Mr. Dwight Yaden, 8663 Garden Grove Boulevard, Garden Grove, California, for damages to his vehicle resulting from the accident which occurred on April 16, 1973 at Valley View and Katella. Item No. 6: Consideration of a Resolution of the City of Costa Mesa Requesting the League of California Cities to Establish a Committee on Government Economy and Efficiency. Recommendation: That the City Manager be requested to forward a communication to the League of California Cities requesting that the establishment of a committee on Government Economy and Efficiency be considered as a part of the Action Plan to be discussed at the next annual League meeting. Item No. 7: Consideration of a Communication from Assemblyman Bill Greene Requesting Support of S.32, "The National Science Policy and Priorities Act". Recommendation: That the City Council request the City Manager to notify the appro- priate Senators and Congressmen of the City Council's support of S.32. Item No. 8: Consideration of Waiver of Fees for the Annual Fiesta of the St. Irenaeus Churah. Recommendation: That the City Council grant the waiver of all fees to St. Irenaeus Church Festival scheduled to be held on June 22, 23 and 24. Item No. 9: Consideration of a Communication from the State Department of Parks and Recreation Advising the City of Availability of Grant Funds for Off-Highway Vehicles. Recommendation: Receive and file. Item No. 10: Consideration of a Resolution Commending Boy Scout Mark A. McClain on Achieving the Rank of Eagle Scout. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1356 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT MARK A. McCLAIN ON ACHIEVING THE RANK OF EAGLE SCOUT. Item No. 11: Consideration of a Resolution Commending Boy Scout Gary Lee Hoskins, Jr., on Achieving the Rank of Eagle Scout. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: -3- City Council Minutes May 29, 1973 RESOLUTION NO. 1357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT GARY LEE HOSKINS, JR. ON ACHIEVING THE RANK OF EAGLE SCOUT. Item No. 12: Consideration of a Resolution Commending Boy Scout Craig R. Mitten on Achieving the Rank of Eagle Scout. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1358 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CYPRESS BOY SCOUT CRAIG R. MITTEN ON ACHIEVING THE RANK OF EAGLE SCOUT. Item No. 14: Consideration of Extending the Lease for the Frank P. Noe Community Center Building to the Chamber of Commerce to June 30, 1974. Recommendation: That the City Council authorize an extension of the existing lease between the City and Chamber of Commerce for the use of the Frank P. Noe Community Center building for a one year period, ending June 30, 1974, under the existing terms and conditions of the lease. Item No. 15: Consideration of Municipal Audit Services. Recommendation: That the City Council continue the consideration of the selection of a municipal auditor to the meeting of June 11, 1973. Item No. 16: Consideration of a Resolution of Commendation for Swen Nader. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING SWEN NADER FOR HIS OUTSTANDING ACHIEVEMENTS IN BASKETBALL. Item No. 17: Consideration of Support for AB 847 Regarding Compensation for Military Leave. Recommendation: That the City Council support AB 847, and request the City Manager to communicate with the appropriate State Legislators indicating the City Council's position on this issue. Item No. 18: Consideration of Certification of Employment List for the Position of Associate Planner. Recommendation: That the City Council certify the employment list for the position of Associate Planner, as submitted. It was moved by Mayor Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to take Item No. 22 on the agenda out of order. CONSIDERATION OF AGREEMENT WITH THE CITY OF STANTON FOR IMPROVM4ENT OF TRAFFIC SIGNAL AT KATELLA AVENUE AND KNOTT STREET - PROJECT #7404-50: The City Manager presented -4- City Council Minutes Hay 29, 1973 a report dated Hay 25, 1973 from the Public Works Director regarding an agreement with the City of Stanton for a cooperative project to modify and upgrade the existing traffic signal and intersection lighting at the intersection of Katella and Knott Street. It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to approve the agreement between the City of Stanton and the City of Cypress for modification and upgrading of the existing traffic signal and appurtenances at t'he intersection of Katella Avenue and Knott Street, and to authorize the Mayor to sign it and the City Clerk to attest to his signature. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey and Roberts NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Lacayo It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1360 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE AGREEMENT WITH THE CITY OF STANTON TO SHARE IN THE COST OF MODIFYING THE - TRAFFIC SIGNAL AND SAFETY LIGHTING SYSTEM AT THE INTERSECTION OF rATELLA AVENUE AND KNOTT AVENUE. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Harvey and Roberrs None Hanel and Lacayo It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ASSIGNMENT BY THE CITY OF CYPRESS TO THE CITY OF STANTON TOPICS FUNDS ALLOCATED TO THE CITY OF CYPRESS FOR THE YEAR 1971-72. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Harvey and Roberts None Kanel and Lacayo It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to approve the appropriation of $2,250 of TOPICS funds and $900.00 of Gas Tax funds to Project #7404-50. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Harvey and Roberts None Kanel and Lacayo CONSIDERATION OF CITY COUNCIL APPOINTMENTS: It was the consensus of the Council to continue Item No. 23 of the agenda to their next regular meeting of June 11, 1973. -5- City Council ~inu~es May 29, 1973 CONSIDERATION OF C~NTRACT EENEW.~ F~R CITY TOWING SERVICE: The City Manager presente~ and briefly reviewed a report date~ May 24, 1973 regarding renewal of the Citywe towing service contract. IC was moved by Councilwoman Frankiewich and seconded by Councilman Harvey to approve the renewal of the existin8 contract for towing services with Cypress Auto Tow for a one year period te expire June 30, 1974. The motion was unanimously carried by the following roll call vc~e: AYES: 3 CeUNCIXAMEN: NOES: 0 CeUNCIIMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Harvey and Robarts None Kanel and Laeayo CONSIDERATION OF "NO PARKING" AREAS ON ORANGE AVENUE AT SONWELL STREET: The City Manager presented and reviewed a report dated May 24, 1973 regarding alleviation of a eight distance problem existing at the southwest corner of Orange Avenue and Sonwell Street. The Public Works Director reviewed a sketch indicating the proposed parking restriction, which would extend an additional 45 feet west on Orange Avenue. It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adept the following resolution by title only, title as followS: RESOLUTION N~. 1362 A RESOLUTIeN 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: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Harvey and Roberrs None Kanel and Lacayo RECESS Mayor Roberrs declared the meeting recessed from 6:05 to 7:30 p.m. CALL TO ORDER: The meeting was called back to order at 7:37 p.m. in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Roberrs presiding. PRESENT: ABSENT: Councilmen Frankiewich, Harvey, Kanel and Roberrs Councilman Lacayo Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and the following members of the City Staff: Bryant, Cbarkow, Dunlap, Mawley, Nudson, Savord and Schatzeder. PLEDGE OF ALLEGIANCE: Councilman Kanel led the City Council and audience in the pledge to the flag. -6- City Council Minutes May 29, 1973 CONSIDERATION OF A RESOLUTION OF COMMENDATION FOR SWEN NADER: Mayor Roberrs asked that Mr. Nader step forward to receive a resolution of commendation from the City Council. Mayor Roberrs read the resolution commending Hr. Nader's achievements in collegiate basketball, and then presented the resolution to Mr. Nader. MINUTES: The Mayor announced that it was the consensus of the City Council to continue consideration of the Minutes of April 9 and April 23, 1973 te their next regular meeting of 3une 11, 1973 when all Councilmen might be present. ORAL COMMUNICATIONS: There were no oral communications presented at this time. At the request of the Mayor, the City Manager reviewed the actions taken by the City Council during their afternoon session. CONSIDERATION OF RESOLUTIONS FROM THE CITIES OF COSTAMESA AND IRVINE SUPPORTING ASSEMBLY BILL 95, RELATING TO THE PUNISt~iMNTFOR FELONIES COMMITTED WITH FIREARMS: The City Manager presented Item no. 5 on the Consent Calendar for consideration by the Council. It was moved by Councilman Harvey and seconded by Councilman Kanel to receive and file the rapeft. The motion wee unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Kanel and Roberrs None Lacayo RECESS: Mayor Robarts recessed the meeting at 7:55 to 8:00 p.m. The meeting was reconvened with the following Councilmen present: PRESENT: ABSENT: Councilmen Frankiewich, Harvey, Hanel and Roberts Councilman Lacayo PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN: The Mayor announced that this was the time and place for the Public Hearing to consider an amendment to the Land Use Element of the General Plan. The Mayor declared the Public Hearing open and requested the staff to present its report. The Planning Director presented a report dated May 24, 1973 which indicated that the Affidavits of Publicsrich, posting and mailing are on file in the office of the City Clerk, and no communications were received in regard to this matter. The report transmitted a copy of Planning Staff Report PC#73-21, dated April 13, 1973, which described the proposed amendment to the Land Use Element of the General Plan to chanSe the designation of a parcel of land situated on the easterly side of Moody Street approximately 485 feet northerly of Orange Avenue from the Public and Semi-Public land use classification to the low density single family residential classification. -7- City Council Minutes Hay 29, 1973 There being noons to speak in fever of er in opposition to the proposed amendment, the Mayor declared the Publie Hearing closed. It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follown: RESOLUTION NO. 1363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING AN AMENDMENT TO THE LAND USE EL~ENT OP THE GENERAL PLAN FOR T~E CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: COUNCIIMEN: COUNCILMEN: COUNCILMEN: Frankiewich, Harvey, Kanel and Roberrs None Lacayo CONSIDERATION OF COMMUNICATION FROM THE CITY OF PLACENTIA OPPOSING RURAL ~YPE CURB MAIL BOXES: The City Handget presented Item no. 13 on the Consent Calendar and discussed the matter with the Council regarding the installation of curb side mail boxes in certain tracts within the city. It was moved by Councilman Harvey, seconded by Councilwoman Frankiewich and unanimously carried that the City Council go on record as being opposed to the installation of rural type postal boxes in new developments within the City. Hayor Roberrs moved to adjourn into an Executive Session. The motion was seconded by Councilwoman Frankiewich. Following a brief discussion, Hayor Roberrs and Councilwoman Frankiewicb withdrew their motion. CONSIDERATION OF VACATION OF THE ALLEY SOUTH OF ORANGE AVENUE AND EAST OF VALLEY VIEW STREET - ABANDONMENT 73.2: The City Handget presented a report dated Hay 21, 1973 from the Public Works Director describing the proposed vacation xahich is in conjunction with the approval of Tentative Tract Hap 8287. It was moved by Councilwoman Frankiewich and seconded by Mayor Roberrs that the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO ORDER THE VACATION OF THE ALLEY SOUTH OF ORANGE AVENUE AND EAST OF VALLEY VIEW STREET IN TRACT NO. 7044, SUBJECT TO THE RESERVATION OF CERTAIN EASEMENTS, AND ELECTING TO PROCEED UNDER THE STREET VACATION ACT OF 1941. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Fanel and Roberrs None Lacayo -B- City Council Minutes May 29, 1973 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO, 32857 THPJgUGH 32171: It was moved by Councilwoman Frankiew'~ch and secomded by Mayor Roberrs to approve the commercial warrant list for warrants no. 32057 through 32171 in the total amount of $2,211.504.85. The me=ion was unani- mously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Hanel and Roberrs None Lacayo CONSIDERATION OF ADDITIONAL APPROPRIATION FOE PURCHASE OF SWING EQUIPMENT: The City Manager presented a report dated May 25, 1973 regarding an additional appropriation to purchase swing equipment to replace unsafe swings at three City parks. It was moved by Councilman Fanel and seconded by Councilwoman Frankiewich to approve an additional appropriation of $72.87 for the purchase of swing equipment for replacement of unsafe swings at Peppertree, Cedar Glen, and Texaco/Chestnut Parks. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Frankiewich, Harvey, Fanel and Roberrs None Lacayo CONSIDERATION OF RESOLUTION ORDERING THE CANVASS OF THE SPECIAL ELECTION TO BE MADE BY THE CITY CLERK: The City Manager presented a report dated May 22, 1973 regarding the canvassing of the Special Election to be held June 5, 1973. It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ORDERING THE CANVASS OF THE SPECIAL ELECTION TO BE HELD ON THE 5TR DAY OF JUNE, 1973, TO BE MADE BY THE CITY CLERK OF THE CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Kanel and Roberrs None Lacayo CONSIDERATION OF APPROVAL OF CYPRESS RECREATION AND PARK DISTRICT COMMERCIAL WARRANT LIST FOR WARRANTS NO. 2293 THROUGH 2314: It was moved by Council- woman Frankiewicb and seconded by Mayor Roberrs to approve the Cypress Recreation and Park District commercial warrant list for warrants no. 2293 through 2314 in the total amount of $14,190.69. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Fanel and Roberrs None Lacayo -9- City Council Minutes May 29, 1973 EXECUTIVE SESSION: Mayor Roberrs declared an Executive Session at 8:20 p.m. to discuss matters of personnel. The meeting was called back to order at 8:40 p.m. with the' following Councilmen present: PRESENT: ABSENT: Councilmen Frankiewich, Harvey, Kanel and Roberrs Councilman Lacayo The Mayor announced that the City Council would continue consideration of Item no. 20, regarding continuation of consideration of the sick leave policy, and Item no. 28, regarding continuation of consideration of the fringe benefit program for the Cypress Recreation and Park District employees, to its meeting of June 11, 1973. The City Manager informed the Council members of an invitation from the Cypress Chamber of Conmerce to attend its Installation and Awards Banquet scheduled for Tuesday, June 12, 1973. ORAL COMMUNICATIONS: Addressing the City Council was Mr. Carl DePietro. ADJOURNMENT: It was moved by Councilwoman Frankiewicb, seconded by Councilman Hanel and unanimously carried to adjourn the meeting at 8:45 p.m. to 4:00 p.m. Friday, June 1, 1973, in the Administrative Conference Room, 5275 Orange Avenue, Cypress, California. ATTEST: