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Minutes 73-10-30MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD October 30, 1973 The adjourned regular meeting of the Cypress City Council was called to order at 7:37 p.m. on Tuesday, October 30, 1973 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California. Mayor Roberts presiding. PRESENT: Councilmen Frankiewich, Harvey, Lacayo and Roberrs ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex, Attorney Fritz Stradling, and the following members of the City Staff: Charkow, Dunlap, Savord and Schatzeder. PLEDGE OF ALLEGIANCE: Councilman Harvey led the pledge to the flag. MINUTES: Mayor Roberts announced that the minutes of October 9 and 23, 1973 would be continued to the next regular Council meeting when all Councilmen are present. ORAL COMMUNICATIONS: The Mayor inquired if anyone in the audience wished to speak on any matter not on the agenda. Councilwoman Frankiewich stated that there may be a speaker wishing to address the Council later in the meeting. CONSIDERATION OF A RESOLUTION AWARDING THE CONTRACT FOR THE CYPRESS RECREATION AND PARK DISTRICT BOND FINANCING: The City Manager presented a report dated October 30, 1973 which indicated that bids for the Cypress Recreation and Park District 1973 bonds were opened October 30. The six bids received were as follows: BIDDER Bank of America NT & SA Security Pacific First Western Bank United California Bank Wells Fargo Bank Crocker National Bank NET INTEREST PAYABLE $2,336,035.00 2,356,088.75 2,364,587.50 2,367,080.00 2,372,635.50 2,374,986.25 INTEREST RATE 5.1482% 5.1924% 5.2112% 5.2167% 5.2289% 5.2341% Following brief discussion regarding the sale of the bonds, it was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: City Council Minutes ~ ,~ October 30, 1973 RESOLUTION NO. 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, AWARDING $2,750,000 GENERAL OBLIGATION BONDS OF SAID DISTRICT TO THE BEST BIDDER AND REJECTING ALL OTHER BIDS. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberrs NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel CONSENT CALENDAR: Mayor Roberrs announced that all matters listed on the agenda under Consent Calendar were to be considered by the City Council as routine and enacted by one motion approving the recommendation on the Administrative Report relating to each matter. The Mayor asked if any Councilman wished to remove an item from the Consent Calendar. There was no one wishing to do so. It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and unani- mously carried to approve the Consent Calendar. Item No. 2: Consideration of an Application for an Alcoholic Beverage License-- Don's Jr. Market, 8842 Walker Street, Cypress. Recommendation: That the City Council receive and file the application. CONTINUATION OF CONSIDERATION OF AUTHORIZATION TO INCREASE CONTRACT COST~ SLURRY SEAL PROJECT #7417-10: The City Manager presented a report dated October 25, 1973 from the Public Works Director regarding an increase in the contract cost for slurry seal project #7417-10. Following consideration of this matter, it was moved ~y Councilman Harvey and seconded by Councilwoman Frankiewich to authorize payment of $24,327.53 for the cost of work performed on City Project #7417-10. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberrs None Kanel The Mayor recommended that, in the future, when the City advertizes for bids for this type of project, that it require a "not to exceed" clause in the bid. The City Manager presented a report dated October 25, 1973 regarding adoption of a resolu- tion authorizing the City Manager to execute a contract which provides for the training of Cypress motorcycle officers by the Department of California Highway Patrol. It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to adopt the following Resolution by title only, title as follows: -2- City Council Minutes October 30, 1973 RESOLUTION NO. 1403 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE TRAINING OF CYPRESS MOTORCYCLE OFFICERS. CONSIDERATION OF AN ORDINANCE ESTABLISHING A FILING FEE FOR CANDIDATES FOR ELECTIVE OFFICES OF THE CITY: The City Manager presented a report dated October 25, 1973 indicating that, according to the State Code, cities may impose a maximum $25.00 filing fee for candidates for elective offices of the City to cover the cost of checking the nomination papers ef the candidates. Following discussion of this matter. the Council recommended a filing fee of $15.00. It was moved by Councilwoman Frankiewich and seconded by Mayor Roberrs to read the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ESTABLISHING A FILING FEE OF $15.00 FOR CANDIDATES FOR ELECTIVE OFFICES OF SAID CITY. Councilman Harvey stated that he would be opposed to imposing any type of filing fee. He noted that although in some areas persons place their name on the ballot without really wishing to run for office, he did not feel this was the case in Cypress. Councilwoman Frankieiwch withdrew the motion and Mayor Roberts the second. It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to receive and file this matter. CONSIDERATION OF NUISANCE ABATEMENT AT 6752 JONATHAN AVENUE~ AP #134-495-10~ CITY OF CYPRESS PROJECT #742490: The City Manager presented a report from the Public Works Director dated October 25, 1973 stating that the subject property had been cleared of most of the items which constituted a public nuisance. It was moved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unani- mously carried to receive and file the report regarding Project #742490. CONSIDERATION OF A CLAIM FOR DAMAGES - ERNEST AND GERALDINE FORTNEY: A report was presented by the City Manager dated October 26, 1973 concerning a claim against the City as a result of a traffic accident at Valley View and Orange Avenue. It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich that the City Council officially deny the claim of Mr. Ernest Forthey and refer the matter to the City's insurance carrier for the appropriate disposition. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberts None Kanel -3- City Council Minutes October 30, 19~3'j~T CONSIDERAIION OF PRELIMINARY REPORT FOR CYPRESS LIGHTING DISTRICT NO. 2 (1975): The City Meager presented a preliminary report Dated October 24, 1973 from the Public Works Director regarding Cypress Lighting District #2. Councilman Lacayo requested that the City Manager prepare areport regarding the cost involved for lighting the Civic Center during the Christmas holidays and also regarding the minimum lighting standards for the safety and protection of City Hall at night. He asked that the report include the staff's proposal for the replacement of city-owned and Police Department vehicles and reco=mended that they be replaced with more economical vehicles. Following discussion regarding the lighting district, it was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1404 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING CERTAIN PORTIONS OF THE CYPRESS LIGHTING DISTRICT OF ORANGE COUNTY LOCATED WITHIN THE BOUNDARIES OF THE CITY OF CYPRESS, TO BE WITH- DRAWN FROM SAID DISTRICT. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberts None Kanel It was moved by Councilman Harvey and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1405 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVING THE PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 1397 OF SAID COUNCIL~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberts None Kanel It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF OP~4NGE, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS, TO BE INSTALLED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF SEVEN (7) YEARS BEGINNINC JANUARY 1, 1975, TOGETHER WITH ANNEXATION NO. 13 WHICH STREET LIGHTING SYSTEM IS TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT. -4- City Council Minutes October 30, 1973 The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberrs None Kanel It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT REFERNED TO IN RESOLUTION OF INTENTION NO. 1406 AND DIRECTING THE CITY CLERK OF SAID CITY OF CYPRESS, CALIFORNIA, TO GIVE NOTICE OF SAID HEARING. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberts None Kanel CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 33375 - 33541: It was moved by Councilwoman Frankiewich and seconded by Mayor Roberrs to approve the Commercial Warrent List for Warrants No. 33375 through 33541 in the total amount of $2,347,344.59. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberrs None Kanel CONSIDERATION OF APPROVAL OF CYPRESS RECREATION AND P.ARK DISTRICT COMMERCIAL WARRANT LIST FOR WARRANTS NO. 2663 - 2706: It was moved by Councilwoman Frankiewich and seconded by Mayor 'Roberrs to approve the CypreSs Recreation and Park District Commercial Warrant List for Warrants No. 2663 through 2706 in the total amount of $24,158~11. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Lacayo and Roberts None Kanel SECOND READING OF ORDINANCE RE: ZONE CHANGE #73-5: It was moved by Councilwoman Frankiewich, secended by Councilman Harvey and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. 520 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ZONING ORDINANCE NO. 497 BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM PS PUBLIC & SEMI-PUBLIC ZONE TO RU RESIDENTIAL URBAN ZONE AND KNOWN AS ZONE CHANGE NO. 73-5. It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey to adopt Ordinance No. 520. The motion was unanimously carried by the following -5- City Council Minutes October 30, 1973 roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiawich, Harvey, Lacayo and Robarts None Kanel The Mayor requested that Item No. 12 be added to the agenda at this time regarding the Airport Land Use Commission. The Mayor announced that the Airport Land Use Commission had anitem on the agenda for its meeting of November 1 relating to the Los Alamitos Naval Air Station and the Council may wish to send a representative to this meeting. The Mayor stated that since the City had requested the preparation of aMaster Plan for the large portion of property in the vicinity of the air station, the City request that the Commission not adopt a map of the planning boundaries, until the presentation of that Master Plan. The Mayor reconnnended that if the Master Plan for this property is an appropriate one. the Commission could adept it at the same time that it is under consideration by the City Council, Hearing no objections, the Mayor requested that the City Manager act as the City's representative at the Airport Lend-Use Commission meeting on November 1, 1973. The Council briefly discussed the annual report of!the Cypress Chamber of Commerce which was distributed at the meeting and reco~anended that a Joint meeting be held to discuss this and other Chamber activities. The Mayor requested that a meeting be scheduled between the Council and Chamber of Commerce for Saturday, November 17. 1973 at 10:00 a.m. ORAL COMMUNICATIONS: Mayor Roberrs asked if anyone wished to address the Council at this time regarding any matter not on the agenda. Councilwoman Frankiewich stated that she had received arequest from Mr. Jack Allen regarding possible sponsorship by the City of a 70 piece band and drill team. Following discussion of this matter. the Council recommended that it be referred to the Cultural Arts COmmission for consideration. ADJOURNMENT: It was moved by Councilman Lacayo. seconded by Mayor Roberrs and unanimously carried to adjourn the meeting at 8:37 p.m. to M~nday, November 12, 1973 at 4:00 p.m. ATTEST: CITY CLERK'OF THE CITY OF CYPRESS -6-