Minutes 73-12-26MINUTES OF AN ADJOURITED I~EGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
December 26, 1973
The adjourned regular meeting of the Cypress City Council was called to order
at 7:36 p.m~ on Wednesday, December 26, 1973 in the Cypress City Council Chambers,
5275 Orange Avenue, Cypress, California, Mayor pro tem Otto Lacayo presiding.
PRESENT:
ABSENT:
Councilmen Frankiewich, Harvey and Lacayo
Councilmen Kanel and Roberts
Also present were City Manager/City Clerk Darrell Essex, City Attorney James
Erickson, Deputy City Attorney Roger Grable, and the following members of the
City Staff: Amberg, Bryant, Charkow, DUnlap, Hawley and Dalesandro~
PLEDGE OF ALLEGIANCE:
Councilman Robert Harvey led the pledge of allegiance.
MAYOR ROBERTS ARRIV[D AT 7:37 P.M.
Mayor Roberts introduced Orange County Supervisor David Baker, who, on behalf
of the Board of Supervisors, presented the Mayor and City Manager with a check
in the amount of $245,700, monies received from the Federal revenue sharing
program, to be used towards the purchase of the Oak Knoll park site.
PRESENTATION OF RESOLUTION COMMENDING CYPRESS RESIDE RICE CIACCIA FOR HIS
HEROIC ACTION: It wee moved by Councilwoman Frankiewich and seconded by Councilman
Lacayo to adopt the following Resolution by title only, title as follows:
RESOLUTION NO~ 1423
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING CYPRESS RESIDENTMRo RICE CIACCIA FOR
HIS HEROIC ACTION°
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
Fanel
PRESENTATION OF COMMUNITY SERVICE PLA,QUE TO GEORGE H. SAVORD, PAST CHIEF OF POLICE:
At this time the Mayor asked former Police Chief George Savord to step forward to
receive a community service plaque in recognition of his outstanding nine years of
service with the City of Cypress. The City Manager read the plaque which he then
presented to Chief Savord.
The Mayor asked Mr. Richard Ciaccia to come forward and hepresented him with a
resolution cormmending Mr~ Ciaccia's heroic efforts during a recent neighborhood
fire.
ORAL COMMUNICATIONS:
Mayor Roberrs inquired if anyone wished to address the Council concerning a
matter not on the agenda~
City Council Minutes December 26, 1973
Councilman Harvey indicated that he had received several citizen complaints
that opportunities were not given at all Council meetings for the public to
speak. He asked that the City Manager prepare a report on the number of times
Oral Communications was presented at Council meetings during the last year.
There was no one else wishing to address the Council at this time.
COUNCILMAN KANEL ARRIVED AT 8:04 P.M.
CONSIDERATION OF AWARD OF CONTRACT FOR MECHANICAL AND ELECTRICAL ENGINEERING
SERVICES, PROJECT #7439-90: The City Manager presented a report from the Public
Works Director dated December 19, 1973 which indicated that the staff had re-
viewed three proposals for the mechanical and electrical engineering services
for the maintenance yard building.
It was moved by Councilman Harvey and seconded by Councilman Lacayo to award a
contract to William R. Ishii and Associates of 4134 Atlantic Avenue, Suite #5,
Long Beach, California, for the preparation Of plans and specifications for
the Maintenance Yard Building as outlined in the report for a fixed fee of
$4,300.00 in accordance with the proposal submitted. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Lacayo and Roberts
None
None
MINUTES:
It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and unani-
mously carried to approve the minutes of November 17, December 10, and November
26 as corrected, with Councilman Lacayo abstaining on the minutes of November 17
and December 10 and Councilman Harvey abstaining on the minutes of November 17.
CONSENT CALENDAR: Mayor Roberrs announced that all matters listed on the agenda
under "Consent Calendar" were to be. considered by the Council as routine and
enacted by one motion approving the recommendation on the Administrative Report
regarding each item. The Mayor asked if any Councilman wished to remove an item
from the Consent Calendar. Councilwoman Frankiewich requested that Item No. 9
be removed so that the Council may receive further information regarding this
matter and have it placed on the agenda for the first or second meeting of
January.
It was moved by COuncilwoman Frankiewich, seconded by Councilman Lacayo and unani-
mously carried to approve Item Nos. 4 through 10, with the exception of Item No.
9, on the Consent Calendar.
Item No. 4: Consider'ation of a Claim for Damages Submitted by the Interinsurance
Exchange of the Automobile Club of Southern California on behalf of Their Insured,
Ronald and Loretta Brabbin.
Recommendation: That the City Council officially deny the subject claim and
request the City Manager to refer the matter to the City's insurance carrier
for the appropriate disposition.
Item No. 5: Consideration of a Claim for Personal Injury against the City
Submitted by Mr. James Douglas Welty.
-2-
City Council Minutes December 26, 1973
Recommendation: That the City Council officially deny the subject claim and
request the City Manager to refer the matter to the City's insurance carrier
for the appropriate disposition.
Item No. 6: Consideration of a Claim for Damages against the City Submitted
by Ruth G. Leiqh.
Recommendation: That the City Council officially deny the subject claim and
request the City Manager to refer the matter to the City's insurance carrier
for the appropriate disposition.
Item No. 7: Consideration of a Resolution of the City Council of San Juan
Capistrano Urging the Orange County Health Planning Council to Maintain the
Proper Consumer-Provider Membership Ratio.
Recommendation: That the City Council receive and file the Resolution.
Item No. 8: Consideration of Auditor's Report for the Fiscal Year Ending
JUne 30, 1973.
Recor~nendation: Receive and file.
Item No. 10: Consideration of Employment List - Custodian.
Reconunendation: That the City Council certify the en~ployment list for the
position of Custodian, as submitted.
Hearing no objections, the Mayor announced that the following matter, Item
No. 13a# would be taken out of order.
CONSIDERATION OF I{EPORT ON THE CURRENT AND PENDING LAWS ON FINANCIAL DISCLOSURE
AND CONFLICT OF INTEREST AS RELATED TO MUNICIPAL OFFICERS: The City Attorney
presented a verbal report concerning this matter and summarized the provisions
of S.B. 716, relating to conflict of interest legislation for municipal candidates,
and A.B. 703, describing candidates' financial disclosure requirements. The
Mayor advised that the City Attorney's office would be available if any candi-
dates in the municipal election wished clarification of or had questions relating
to this legislation.
The Council discussed the possibility of allowing the candidates to be present
during all Executive Sessions which take place up to the time of the March
election. Following consideration of this matter, the Mayor asked that it be
placed on the agenda for the next regular meeting.
RECESS:
The Mayor declared a recess at 8:41 p.m. The meeting was called back to order
at 8:53 p.m. with all Councilman present.
CONTINUATION OF CONSIDERATION OF EMPLOYER-EMPLOYEE RELATIONS: Mayor Roberts
announced that this matter would be considered in an Executive Session.
CONTINUATION OF CONSIDERATION OF CITY CONTRACT WITH THE CYPRESS CHAMBER OF
COERCE: The City Manager presented a report dated December 20, 1973 relating
to the renewal of the City's contract with the Chamber of Commerce.
Addressing the Council in regard to Chamber activities and the proposed contract
was Chamber President, Mr. Andrew Lachina, 5329 Vista Hermosa, Cypress, California.
-3-
City Council Minutes
December 26, 1973
The City Manager indicated that the matter regarding the annual report prepared
by the Chamber of Commerce would be placed on the agenda for the next regular
meeting for review.
It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to
approve renewal of the contract between the City of Cypress and Cypress Chamber
of Commerce for a one year period. The motion was unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Lacayo and Roberts
None
None
CONTINUATION OF CONSIDERATION OF AN AFFIRMATIVE ACTION PROGRAM - JOSH WHITE &
ASSOCIATES: A report was presented by the City Manager dated Decenber 20, 1973
regarding the preparation of an affirmative action program for the City.
Councilwc~aan Frankiewich expressed that she felt proposals should be received from
other firms before a contract is awarded. The Council discussed the possibility
of formulating an affirmative action program in-house and considered continuing
the preparation of the program until Federal guidelines are established and made
available°
Mr. Everett Winters, 1632 We Camille, Santa Ana, representing Josh White Associates,
stated that Federal guidelines ware already established. He discussed Other points
with the Council relating to the establishment of an affirmative action program.
It w~s moved by Councilman Fanel and seconded by Councilman Harvey to continue
the matter regarding the affirmative action program for a period of approximately
60 days at which time it will be brought before the Council for consideration.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN=
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Fanel, Lacayo and Roberts
None
None
CONSIDERATION OF APPROPRIATION OF FUNDS - PROJECT #7439-90{ MAINTENANCE YARD
BUILDING: The City Manager presented a report dated December 17, 1973 from the
Public Works Director requesting an appropriation of funds for materials and
consultant fees for the maintenance yard building.
It was moved by Councilman Lacayo and seconded by Councilman Kanel to appropriate
$55,000,00 from the Federal Revenue Sharing Funds to the Capital Projects Fund,
Account #62-7230, Maintenance Yard Building Account° The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Fanel, Lacayo and Roberts
None
None
CONSIDERATION OF REPORT ON BB GUN REGULATIONS: The City Manager presented a
report dated December 20, 1973 which indicated that the City's current regulation
contained in the City Code, Section 17o3, is sufficient to eliminate the problems
relating to the use of BB guns°
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to
receive and file this matter~ The motion was unanimously carried by the following
-4-
City Council Minutes
December 26, 1973
roll call vote:
AYEB:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, Fanel, Lacayo and Roberts
NOne
None
CONSIDERATION OF APPOINTMENT OF REPRESENTATIVE TO THE ORANGE COUNTY MOSQUITO
ABATEMENT DISTRICT: Following the Mayor's request to be reappointed as the
representative to the District, it was moved by Councilman Lacayo, seconded by
Councilman Fanel and unanimously carried to appoint Mayor Roberts as the city's
representative to the Orange County Mosquito Abatement District.
Councilman Harvey briefly discussed the activities of the District and indicated
that the Orange County Division of the League of Cities would be taking a position,
at its January 10 executive meeting, regarding possible dissolution of the District.
Mayor Roberts stated that it would be his recommendation to support the continuance
of the Mosquito Abatenent District, its absorption of additional functions such as
vector control and a reduction in the number of District meetings.
qQNSt~ATI0~ OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE
CYPRESS EMPLOYEES ASSOCIATION: The City Manager presented a report dated December
19, 1973 in regard to this matter. It was moved by Councilman Harvey and seconded
by Councilman Fanel to authorize the Mayor and City Clerk to sign the Memorandum
of Understanding between the City of Cypress and the Cypress Employees' Association.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey, Fans1, Lacayo and Roberts
NOne
NOne
It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to
adopt the following Resolution by title only, title as follows:
RESOLUTION NOo 1424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A BASIC COMPENSATION PLAN; ESTABLISHING
SALARIES FOR CITY EMPLOYEES PLACED UNDER THE BASIC COM-
PENSATION PLAN; ESTABLISHING SALARIES FOR CITY EMPLOYEES
NOT PLACED UNDER T~E BASIC COMPENSATION PLAN; AND REPEALING
ALL CONFLICTING RESOLUTIONS OF THE CITY COUNCIL.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Fanel, Lacayo and Roberts
None
NOne
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 33876 -
33957 AND 33958 - 34036: It was moved by Councilwoman Frankiewich and seconded
by Councilman Kanel to approve the commercial warrant list for warrant nos. 33876
through 33957 in the total amount of $456,156.43 and the warrant list for warrant
nos. 33958 through 34036 in the total amount of $924,727.60~ The motion was
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Fanel, Lacayo and Roberts
NOne
None
-5-
City Council Minutes
December 26, 1973
CONSIDERATION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CYPRESS EREATION AND
PARK DISTRICT AXeD CYPRESS RECREATION AND PARK DISTRICT EMPLOYEES: The City
Manager presented a report dated December 19, 1973 regarding the Memorandum of
Understapling between the Recreation District and District employees.
It was moved by Councilman Lacayo and seconded by Councilman Harvey that the City
Council, acting as the Ex Officio governing board of the Cypress Recreation and
Park District, authorize the Mayor and City Clerk to sign the Memorandum of
Understanding. The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankjowl:h, Harvey~ Kanel~ Lacayo and Roberts
None
NOne
It was moved by Councilman Lacayo and seconded by Councilman Kanel to adopt the
following Resolution by title only, title as follows:
RESOLUTION NO. 39
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, ESTABLISHING A BASIC COMPENSATION PLAN, ESTABLISH-
ING SALARIES FOR MISCELLANEOUS RECREATION AND PARK DISTRICT
EMPLOYEES PLACED UNDER THE BASIC COMPENSATION PLAN, AND
ESTABLISHING SALARIES FOR RECREATION AND PARK DISTRICT
EMPLOYEES NOT PLACED UNDER THE BASIC COMPENSATION PLAN°
The motion was unanimously carried by the following roll call vote:
AYES:
NOES=
ABSENT~
5 COUNCILMENm
0 COUNCILMEN:
0 COUNCILMEN:
Frankiewich, Harvey~ Kanel~ Lacayo and Roberts
None
None
The Mayor announced that the Resolution pertaining to the establishment of
salaries for Recreation and Park District management personnel would he con-
sidered in an Executive Ses~ion~
CONSIDEPATION OF ADDITIONAL BUDGET APPROPRIATION: The City Manager presented a
report from the Recreation and Park Director dated December 13, 1973 requesting
an additional budget appropriation for Teen Center equipment not included in the
1973-74 budget~
It was moved by Councilman Lacayo and seconded by Councilwoman Frankiewich to
appropriate from the City of Cypress General Fund $1~900 to be placed into the
Cypress Recreation and Park District 01-4700-400 account= These funds are to
be used for the replacement of Teen Center equipment~ The motion was unanimously
carried by the following roll call vote=
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich~ Harvey~ Fanel, Lacayo and Roberts
None
None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS ND~ 2777 - 283t:
It was moved by Councilwoman Frankiewich and seconded by Councilman Fanel to approve
the Recreation and Park Disurict commercial warrant list for warrant nos. 2777
through 2833 in the total amount of $730,248.23~ The motion was unanimously carried
City Council Minutes
December 26, 1973
by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCIIMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Kanel, Lacayo and Roberts
None
None
SECOb~) READING OF ORDINANCE AUTHORIZING AMENDMENT TO CONTRACT WITH PUBLIC
BMPL(DYEES' RETIREMENT SYSTEM: It Was moved by Councilwoman Frankiewich,
seconded by Councilman Lacayo and unanimously carried to read the following
Ordinance by title only, title as follows:
ORDINANCE NO. 521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING AN EMENT TO THE CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE PUBLIC BMPLOYEES' RE-
TIRBMENT SYSTEM AND THE CITY OF CYPRESS.
It Was moved by Councilman Lacayo and secoDaed by Councilwoman Frankiewich to
adopt Ordinance No. 521. The motion Was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Frankiewich, Harvey, Mane1, Lacayo and Roberts
None
None
It Was m~ved by Councilwoman Frankiewich, seconded by Councilman Lacayo and unani-
mously carried to place on the agenda at this time as Item no. 23 a matter regarding
an office of consumer affairs. Councilwoman Frankiewich requested that the City
Manager contact Mr. I. Ed Ramirez of the Orange County Office of Consumer Affairs
to determine the possibility of establishing a consumer affairs office at the
Cypress City Hallfor use by Cypress residents.
The Council members briefly discussed the Christmas lighting of the Civic Center
and requested, because of the energy crisis and citizen responses, that the
lights be turned off from this day on.
The Mayor briefly discussed the Chino Hills airport l~roposal and joint powers
agreement sut~nitted by the City of AnaheimaDa, hearing no objections, requested
that the City Attorney investigate the matter and present a report at the next
meeting on whether the City could receive sufficient information regarding the
proposal without taking a position at this time or incurring cost liability.
At the request of the Mayor, Item no. 24 was added to the agenda at this time
regarding out of business service stations within the City. The City Council
discussed the problem of the existence of out of business service stations and
the possibility of the City taking action in having them removed. It was moved
by Mayor Roberts and seconded by Councilwoman Frankiewich to direct the City
Attorney to draft an ordinance requiring the dismantling of service stations
90 to 120 days after they have gone out of business. Following discussion
regarding possible liability by the City destroying private property, it was
moved by Mayor Roberrs and seconded by Councilwoman Frankiewich to amend the
motion to request that the City Attorney prepare an analysis of the problem of
inoperable service stations and methods to control their maintenance. The motion
-7-
3/
City Council Minutes
December 26, 1973
was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
EXECUTIVE SESSION:
Frankiewich, Harvey, Kanel, Lacayo and Roberts
None
None
Mayor Roberts declared an Executive Session at 10:58 p.m. to discuss matters of
personnel. The meeting was reconvened at 11:50 p.m. with all Councilmen present.
CONTINUATION OF CONSIDERATION OF EMPLOYER-EMpLOyEE RELATIONS: It was moved by
Councilman Lacayo and seconded by Councilman Harvey to adopt the following Res-
olution by title only, title as follows:
RESOLUTION NC. 1425
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING SALARIES FOR CITY EMPLOYEES DESIGNATED AS
MANAGEMENT PERSONNEL.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Lacayo and Roberts
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
It was moved by Councilman Lacayo and seconded by Councilman Kanel to adopt the
following Resolution by title only, title as follows:
RESOLUTION NC. 40
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, ESTABLISHING SALARIES FOR DISTRICT EMPLOYEES
DESIGNATED AS MANAGEMENT PERSONneL.
The rmDtion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
ORAL COMMUNICATIONS:
Frankiewich, Harvey, Kanel, Lacayo and Roberts
None
None
Mayor Roberrs asked if anyone wished to address the Council in regard to any
matter not on the agenda. There was no one wishing to speak at this time.
ADJOURNMENT:
It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and
unanimously carried to adjourn the meeting at 11:53 p.m.
ATTEST:
CITY C~ERK OF THE CITY ~)~ CYPRESS
-8-