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Minutes 73-12-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 10, 1973 The regular meeting of the Cypress City Council was called to order at 4:12 p.m. on Monday, December 10, 1973 in the Cypress City Council Chambers, Cypress, California, Councilwoman Frankiewich presiding. PRESENT: ABSENT: Councilmen Frankiewicb and Harvey Councilmen Fanel, Lacayo and Roberrs Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and the following members of the City Staff: Axeberg, Bryant, Charkow, Dunlap, Hawley, Nudson, and Schatzeder. RECESS: Due to a lack of a quorum, Councilwoman Frankiewicb recessed the meeting until 5:30 p.m. CALL TO ORDER: The meeting was called back to order at 5:35 p.m., Councilwoman Frankiewich presiding. PRESENT: ABSENT: Councilmen Frankiewich and Harvey Councilmen Fanel, Lacayo and Roberrs RECESS: Due to a lack of a quorum, Councilwoman Frankiewich recessed the meeting until 7:30 p.m. CALL TO ORDER: The meeting of the Cypress City Council was called back to order at 7:40 p~m. in the Cypress City Council Chambers, 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: Amberg, Charkow, Dunlap, Hawley, Nudson, and Schatzeder. PLEDGE OF ALLEGIANCE: Councilman Harvey led the pledge to the flag. ORAL COMMUNICATIONS: The Mayor requested chat if anyone wished to address the City Council in regard to any matter not on the agenda he do so at this time. There was no one wishing to be heard. The Mayor requested that Item No. 1, the presentation by Josh White Asso- ciates, be continued as Item No. 9a. City Council Minutes December 10, 1973 CONSIDERATION OF AWARD OF CONTRACT - CONCRETE BLOCK WALL CONSTRUCTION~ PROJECT #7403-20: The City Manager presented a report from the Public Works Director dated December 5, 1973 indicating that two bids were received for construction of a block wall along the Jonathan Storm Channel. It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey to determine that the lowest responsible bidder for City Project #7403-20 is Consolidated Masonry Construction and award a contract for the construc- tion of a block wall, Alternate No. 1, per their proposal to Consolidated Masonry Construction, 915 S. Bewley Street, Santa And, California, in the amount of $11,288.25~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Kanel and Roberrs None Lacayo CONSIDERATION OF AWARD OF CONTRACT - AIR COMPRESSOR, REQUEST FOR 0~OTATION #7374-56: A report was presented by the City Manager from the Public Works Director dated December 4, 1973 summarizing the six bids received for the purchase of the air compressor, It was moved by Councilman Harvey and seconded by Councilman Kanel to approve the purchase of a portable air compressor from the Orange County Equipment Company as specified in their response to Request for Quotation #7374-56 dated November 12, 1973 for the indicated cost of $3,763.00 plus sales tax. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Kanel and Roberts None Lacayo CONSIDERATION OF AWARD OF CONTRACT FOR UNIFORM PdZNTAL! REQUEST FOR QUOTATION #7374-41: The City Manager presented a report from the Public Works Director dated December 4, 1973 regarding six bids which were received for supplies and uniforms° It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to approve the award of a purchase order contract to the Prudential Overall Supply Company in accordance with the unit costs indicated on Request for Quotation #7374-41 dated November 8, 1973. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Kanel and Roberrs None Lacayo At the request of the City Manager, Item No. 4a was added to the agenda at this time regarding award of the sale of Assessment District #7403-20 bonds, The City Manager presented a report which summarized the six bids received for the Walnut Street/Jonathan Channel assessment district bonds. It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: -2- City C~ctl Minutes December 10, 1973 RESOLUTION NO. 1419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CONFIRMING AMENDMENT TO NOTICE INVITING BIDS ON BONDS. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Fanel and Roberts None Lacayo It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1420 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACCEPTING BID FOR BONDS OF ASSESSMENT DISTRICT NO. 7403-20. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Kanel and Roberrs None Lacayo CONSENT CALENDAR: Mayor Roberts announced that all matters listed on the ageodd under "Consent Calendar" were to he considered By the Council as routine and enacted by one motion approving the recommendation on the Administrative Report regarding each matter. The Mayor asked if any Councilman wished to remove an item from the Consent Calendar. No Council- man wished to do so. It was moved by Councilwoman Frankiewich, seconded by Councilman Harvey and unanimously carried to approve Item Nos. 5 through 7 on the Consent Calendar. Item No. 5: Consideration of Application for Off-Sale Beer and Wine License - Scotty's Food Center Inc. Recommendation: Receive and file. Item No. 6: Consideration of Employment List - Park Maintenance Man I. Recommendation: That the City Council certify the employment list for the position of Park Maintenance Man I, as submitted. Item No. 7: Consideration of Employment List - Dispatcher. Recommendation: That the City Council certify the employment list for the position of Dispatcher, as submitted. CONSIDERATION OF EMPLOYER-EMPLOYEE RELATIONS: Mayor Roberrs announced that this matter would be considered later in an Executive Session. CONTINUATION OF CONSIDERATION OF REPORT ON ELECTION CAMPAIGN FUNDS: Following a verbal report presented by the City Attorney which indicated that it appeared that the state legislature has preempted this area of local regulation, it was moved by Councilwoman Frankiewich, seconded by Councilman Fanel and unanimously carried to receive and file the matter. City Council Minutes December 10, 1973 PRESENTATION BY JOSH WHITE ASSOCIATES: AFFIRMATIVE ACTION PROGRAM: The City Manager presented a report dated December 5, 1973 concerning the estab- lishment of an affirmative action program for the City of Cypress. Mr0 Josh White and Mr. Everett Winters of Josh White Associates, discussed their proposal for the preparation and implementation of an affirmative action program for the City, and later responded to questionsof the Council. It was moved by Councilman Kanel, seconded by Councilwoman Frankiewich and unanimously carried to request the City Manager to prepare a report for the next meeting on this proposal and its possible implementation by the City Council. CONSIDERATION OF RENEWAL OF CONTRACT FOR PUBLIC WORKS MAINTENANCE AND OPERATING SUPPLIES: The City Manager presented a report from the Finance Director dated December 5, 1973 in regard to renewal of the contract for public works maintenance and operating supplies. It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to authorize the renewal of the contract with Constructors Supply Company to be performed under the same terms and conditions as the previous year for the purchase of maintenance and operating supplies and equipment to October 31, 1974. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewicb, Harvey, Kanel and Roberrs NOES: 0 COUNCILMEN: None . ABSENT: 1 COUNCILMEN: Lacayo CONSIDERATION OF CITY CONTRACT WITH THE CYPRESS CHAMBER OF COMMERCE: The City Manager presented a report dated December 5, 1973 in regard to the Chamber of Commerce contract. Mrs. Daryle Ellwart, Manager of the Chamber, 6821 Reefton, Cypress, and Mr. Andrew Lachina, President of the Chamber, 5329 Vista Hermosa, Cypress, addressed the Council in regard to this matter. They discussed with the Council a report on projects and programs already completed by the Chamber of Commerce, a proposed work program for the coming year, and the proposed 1974 budget. It was moved by Councilman Kanel, seconded by Councilman Harvey and unani- mously carried to continue consideration of the contract to the next meeting for further discussion and request that the Chamber submit a breakdown of figures for expenses and income, CONSIDERATION OF CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5~ 1974: The City Manager presented a report dated December 5, 1973 regarding adoption of a resolution calling for the conduct of the election to be held March 5, 1974. It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1421 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF -4- ,~. C£[y Council Minutes December 10, 1973 A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 5TH DAY OF MARCH, 1974, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATINC TO GENERAL LAW CITIES. 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 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EbeLOYEES' RETIREMENT SYSTEM AND THE CITY OF CYPRESS: A report was presented by the City Manager dated December 5, 1973 in regard to this matter. It was moved by Councilman Harvey, seconded by Councilman Kanel and unani- mously 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 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF CYPRESS. It was moved by Councilman Harvey and seconded by Councilman Fanel to approve the first reading of the Ordinance. 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 CONSIDERATION OF PROPOSED REZONING - CITY OF STANTON: The City Manager presented a report dated December 5, 1973 from the Planning Department which indicated that the proposal by Continental Multi-Homes, Inc. regarding Zone Change #73-2, which was denied by the City Council, was submitted to the City of Stanton~ Following consideration of this by the Council, it was moved by Councilman Fanel and seconded by Councilwoman Frankiewich to instruct the Planning Director and, if necessary, a representative from the Council, to attend the City of Stanton Planning Commission meeting of December 12 in protest to the zone change proposal, and to express the feelings of the City and explain the action of the Council in denying the zone change request. 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 CONSIDERATION OF ANNUAL ARTERIAL HIGHWAY FINANCING PROGRAM: The City Manager presented a report from the Public Works Director dated December 3, 1973 which recommended projects to be included in the 1974 County Arterial Highway Financing Program. -5- City Council Minutes December 10, 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. 1422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF WALKER STREET FROM DE LONG STREET TO ORANGE AVENUE. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Kanel and Roberrs None Lacayo The Mayor requested that Item No. 16 regarding landscaping for the Valley View Street median be continued to the end of the agenda. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WETS NO. 33778 - 33875: It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to approve the conunercial warrant list for warrant nos. 33778 through 33875 in the total amount of $891,204.74. 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 RECREATION AND PARK DISTRICT COMMERCIAL WARRANT LIST FOR WARRANT NOS. 2758 - 2776: It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to approve the Recreation and Park District commercial warrant list for warrant nos. 2758 through 2776 in the total amount of $13,626.46. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Kanel and Roberrs None Lacayo At the request of the City Manager, the Mayor added Item no. 18a to the agenda regarding an appropriation of funds for drapery at Eucalyptus Park. CONSIDERATION OF APPROVAL OF LANDSCAPE DESIGN FOR THE VALLEY VIEW STREET MEDIAN FROM BALL ROAD TO FRED DRIVE: The City Manager presented a report from the Public Works Director dated December 5, 1973 regarding three design plans for the landscaping of the Valley View median from Ball Road to Fred Drive. The Administrative Analyst presented slides illustrating the three design proposals and median designs of several other cities. It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to approve Plan 1A and authorize the Public Works Director to prepare working plans and specifications and obtain competitive bids for the project. The motion -6- C{[~ICouncil Minutes December 10, 1973 was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, Harvey, Kanel and Roberrs NOES: 0 COUNCILMIEN: None ABSENT: 1 COUNCILMEN: Lacayo CONSIDERATION OF APPROPRIATION OF FUNDS FOR DRAPERY AT EUCALYPTUS PARK: The City Manager presented a report from the Recreation and Park Director dated December 6, 1973 requesting an appropriation of funds for drapes for the building at Eucalyptus Park. It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to appropriate $400.00 into Account 01-4700-400 for the purchase and installation of draperies for the recreation building located at Eucalyptus Park~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Fanel and Robarts None Lacayo At this time Councilman Harvey reported that he had received a letter from a Cypress resident protesting the advertisement of BB guns as appropriate Christmas gifts and encouraging legislation against their manufacture and Following brief discussion in regard to this matter, the Council requested that the City Attorney prepare a report for the next meeting regarding the use of BB guns within the City. It was moved by Mayor Roberrs, seconded by Councilwoman Frankiewich and unani- mously carried to place a matter on the agenda at this time regarding the Christmas Seal Campaign. Hearing no obJections, the Mayor proclaimed the week of December I0, 1973 as Christmas Seal Week in the City of Cypress. At the request of the City Manager, it was moved by Mayor Roberrs, seconded by Councilman Harvey and unanimously carried to place on the agenda at this time as Item no~ 19 a matter regarding establishment of a fee for the printing and mailing of candidates' statements of qualifications for the municipal election. Following consideration of this matter, it was moved by Councilman Harvey and seconded by Councilman Fanel to approve the establishment of a $100.00 printing and mailing fee for the statement of qualifications for candidates in the 1974 general municipal election. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Frankiewich, Harvey, Fanel and Roberrs None Lacayo At the request of the City Manager, and hearing no objections, the Mayor placed on the agenda as Item no. 20 a matter regarding the consolidation of the Cypress general municipal election and the election of the Anaheim Union High School District, both elections to be held March 5, 1974. -7- City Council Minutes December 10, 197S Following discussion regarding the establishment of precincts and the sharing of costs for the elections, it was moved by Councilman Kanel and seconded by Councilman Harvey to approve the request of the Anaheim Union High School District to consolidate their March 5, 1974 election with the Cypress general municipal election° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Kanel and Roberrs None Lacayo The City Manager advised that the Council may wish to continue for further consideration the financial statement prepared by Diehl, Evans and Company for the last fiscal year which was submitted with the progress report. The Mayor requested that this matter be placed on the agenda for the next meeting. The City Manager requested a determination by the Council on their policy for the Christmas lighting of the Civic Center. It was the consensus of the Council to light only the Christmas tree at the Civic Center until 10:00 p.m. At this time Councilman Harvey reported on the Annual Congress of Cities conference which he recently artended in San Juan, Puerto Rico. ORAL COMMUNICATIONS: Mayor Roberrs inquired if anyone wished to address the City Council in regard to a matter not on the agendao Mr. Joe Hardcastle, 4588 Blanca, Cypress, California, stated he felt the Council should not be too restrictive regarding the use of guns in the City since exposure to firearms might be desirable for purposes of national securiuy~ EXECUTIVE SESSION: It was moved by Mayor Roberrs, seconded by Councilwoman Frankiewich and unanimously carried to go into an Executive Session at 11:07 p.m. to discuss matters of personnel. The meeting was called back to order at 12:00 a.m. with the following in attendance: PRESENT: ABSENT: Councilmen Frankiewich, Harvey, Kanel and Roberrs Councilman Lacayo CONTINUATION OF CONSIDERATION OF EMPLOYER-EMPLOYEE RELATIONS: The Mayor announced that this matter would be continued to the next Council meeting. ADJOURNMENT: It was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously carried to adjourn the meeting at 12:01 a.m. MA~OR OFTHE'CITY ATTEST: CL -8-