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Minutes 74-03-11MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 11, 1974 The regular meeting of the Cypress City Council was called to order at 4:16 p.m. on Monday, March 11, 1974 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Henry Roberrs presiding. PRESENT: ABSENT: Councilmen Frankiewich, Fanel and Roberts Councilmen Harvey and Lacayo Also present were City Manager/City Clerk Darrell Essex, Deputy City Attorney John Murphy, and the following members of the City Staff: Bryant, Charkow, Dunlap, Hawley and Warren. Mayor Roberts announced that at this time the Recreation and Park Director would be making a presentation of service pins to employees of the Recreation and Park District. Mr. Bryant introduced and presented service pins to two year, five year, and ten year employees of the Recreation and Park District. Receiving two year pins were: Teri Lareau, Royleen White, Paul Farmer, Greg Hoffman, Steve Kupsak, Walt Langlinais, Bill Thornton, Chuck Morad, Marvin DeCarlo, and Dennis Fauke. Receiving five year service pins were Karen Cuevas, Carl Olinger and Sam Smith. Charles Ridgeway and Chuck Bryant received ten year service pins. Mayor Roberrs announced that the presentation by the V.F.W. post would he made later in the meeting. CONSIDERATION OF A PROPOSAL FROM M & S APPRAISAL SYSTEMS FOR THE CITY OF CYPRESS AXeD CYPRESS RECREATION ANU PARK DISTRICT FIXED ASSET A~PRAIEAL: The City Manager presented a report from the Finance Director dated March 7, 1974 which indicated that the Finance Department had received three proposals for the conduct of a comprehensive appraisal of the City's and Recreation and Park District's fixed assets, and that M& S Appraisal Syst~ns had submitted the lowest proposal. It was moved by Councilwoman Frankiewich and seconded by Councilman Fanel to authorize a contract with M & S Appraisal Systems for appraisal services for fixed asset valuation and appropriate $3,550.00 to account #11-4240-358 for the subsequent payment for this service. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Hanel and Roberts None Harvey and Lacayo At the request of the City Manager, consideration of the Consent Calendar was continued until later in the meeting. CONTINUATION OF CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY AND THE ORANGE COUNTY LIBRARY DISTRICT FOR THE CONSTRUCTION OF A LIBRARY ON THE CIVIC CENTER SITE: The City Manager presented a report in regard to this matter dated March 7, 1974 which recommended continuance until a lease is prepared by the offices of the County Counsel and City Attorney. It was moved by Councilman Fanel, seconded by Councilwoman Frankiewich and unanimously carried to continue consideration of the agreement between the City and Orange County Library District to the Council meeting of March 25, 1974. City Council Minutes March 11, 1974 CONSIDEFATION OF ADDITIONAL APPROPRIATIONS REQUIRED FOR CITY ACCOUNTS.: The City Manager presented a report from the Finance Director dated March 6, 1974 outlining the various additional appropriations rec~irea for City accounts and reasons for the additional funds. It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to appropriate the required amounts as summarized below: General Fund 11-4270-697 $ 175.15 11-4700-123 $ 405.40 11-4700-235 $ 45.20 11-4250-123 $ 122.54 11-4799-358 $ 48,809.75 11-4230-358 $ 637.94 11-4350-369 $ 227.00 11~4350-368 $ 1,000.00 Total General Fund $ 51,422.98 Street Lighting Fund 25-4524-236 $ 21,000.00 CONSIDERATION OF AMENDMENT TO RESOLUTION DESIGNATING HOLIDAY SCHEDULE FOR ~MPLOYEES: The City Manager presented a report dated March 6, 1974 concerning a change in the holiday schedule observed by the State for the veteran's Day holiday. It was moved by Councilman Fanel, seconded by Councilwoman Frankiewich and unanimously carried to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMEI~)ING RESOLUTION NO. 703 REGARDING HOLIDAYS FOR CITY OFFICIALS AND EMPLOYEES. CONSIDERATION OF DISABILITY RETIREMENT FOR LASZLO MARMOR: The City Manager presented a report da~ed March 7, 1974 relating to the disability retirement of former Police employee Laszlo Marmr. It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1448 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROVIDING FOR THE DISABILITY RETIREMENT OF LASZLO MARMOR AND SEEKING A DETERMINATION BY THE WOREMEN'S COMPENSATION APPEALS BOARD AS TO W~ETHER THE DISABILITY PROMPTING RETIREMENT IS INDUSTRIAL. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Fanel and Roberts None Harvey and Lacayo -2- City Council Minutes March 11, 1974 CONSIDERATION OF "NO PARKING" AREAS IN CONJUNCTION WITH REROUTING OF BUS LINE NO. 132: A report was presented by the City Manager outlining "no parking" zones necessary in the rerouting of bus line #132 on Orange Avenue, Moody, Lincoln, and Grindlay Street. It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO~ 1449 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: 3 COUNCILMEN: Frankiewich, Kanel and Roberts NOES: 0 COUNCILMEN: None ABSENT= 2 COUNCILMEN: Harvey and Lacayo CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 34564- 34666, 34667-34677 and 34679-34739: It was moved by Councilwoman Frankiewich and seconded by Councilman Fanel to approve the commercial warrant list for warrant Paso 34564 through 34666 in the total amount of $688,708.33 and the warrant list for warrant nos~ 34667 through 34677 and 34679 through 34739 in the total amount of $493,792~84~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNOILMEN: 0 COUHCILMEN: 2 COUNCILMEN.~ Frankiewich, Fanel and Roberts None Harvey and Lacayo CONSIDERATION OF JOINT POWERS AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE CYPRESS ELEMENTARY SCHOOL DISTRICT PROVIDING FOR THE SHARING OF COSTS FOR THE AFTER SCHOOL AND SUMMER RECREATION PROGRAMS CONDUCTED AT THE CYPRESS ELEMENTARY SCHOOL DISTRICT FACILITIES: The City Manager presented a report dated March 7, 1974 reviewing provisions of the joint powers agreement. It was moved by Councilman Fanel and seconded by Councilwoman Frankiewich to authorize the Mayor and City Clerk to sign the subject joint powers agreement, on behalf of the Cypress Recreation and Park District. The motion was unani- mously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Fanel and Roberrs None Harvey and Lacayo CONSIDERATION OE ADVANCE PURCHASE OF PARK AND PLAYGROUND EQUIPMENT TO BE FUNDED WITH THE 1973 BOND ISSUE: The City Manager presented a report from the Recreation and Park Director dated March 7, 1974 concerning the park and playground equip- ment to be placed at park sites being developed through the 1973 park ~ond issue. The Recreation and Park Director identified some of the equipment which would be purchased. It was moved by Councilman Fanel and seconded by Councilwoman Frankiewich to authorize the Purchasing Agent to solicit bids for the parchase of the listed items attached to the staff report and authorize the Purchasing Agent to negotiate a separate contract or contracts for the installation of play appar- -3- City Council Minutes March I1, 1974 atus and play equipment° The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Kanel and Roberts None Harvey and Lacayo COUNCILMAN HARVEY ARRIVED AT 5:00 P~M. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 109-113, 2947-3007; 114-116, 3008-3011: It was moved by Councilwoman Frankiewich and seconded by Councilman Fanel to approve the Recreation and Park District commercial warrant list for warrant nos. 109 through 113 and 2947 through 3007 in the total amount of $1,292,040o81 and the warrant list for warrant nos. 114 through 116 and 3008 through 3011 in the total amount of $606,181.25. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINING: 3 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Fanel and Roberts None Lacayo Harvey SECOND READING OF ORDINANCE REGARDING ADOPTION OF 1973 EDITIONS OF UNIFORM BUILDING CODES: The Council members discussed the exterior wall and ceiling insulation requirements which would be incorporated in the City's building code upon adoption of the ordinance. It was recommended by the City Manager that the Council adopt an urgency ordinance to establish insulation require- ments for building applications which might be filed before the effective date of the ordinance° It was moved by Councilwoman Frankiewich, seconded by Councilman Fanel and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE ND. 524 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-1 AND 5-2 OF CRAPTER 5 AND DELETING SECTIONS 11-1 TEROUGH 11-23 OF CRAPTER 11 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING 1973 EDITIONS OF THE UNIFORM BUILDING CODES: UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILD- INGS, UNIFORM FIRE CODE, AND UNIFORM BUILDING CODE STANDARDS. It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to adopt Ordinance No~ 524. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Fanel and Roberts None Lacayo It was moved by Councilman Fanel, seconded by Councilwoman Frankiewich and unanimously carried to read the following Ordinance by title only, title as -4- City Council Minutes March 1I, 1974 follows: ORDINANCE NO. 525 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 AND DELETING SECTIONS 11-1 THROUGH 11-23 OF CHAPTER 11 OF THE CYPRESS CITY CODE, T~EREBY ADOPTING BY REFERENCE THE FOL- LOWING 1973 EDITIONS OF THE UNIFORM BUILDING CODES: UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM FIRE CODE, AND UNIFORM BUILDING CODE S~ANDARDS. It Was moved by Councilman Nanel and seconded by Councilwoman Frankiewich to adopt Ordinance Not 525~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Frankiewich, Harvey, Nanel and Roberts None Lacayo SECOND READING OF ORDINANCE REGARDING ADOPTION OF 1973 EDITION OF UNIFORM PLUMBING CODE: It Was moved by Councilman Kanel, seconded by Councilwoman Frankiewich and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NDo 526 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 19, CONSISTING OF SECTIONS 19-1 AND 19-2, OF THE CYPRESS CITY CODE, T~EREBY ADOPTING BY REFERENCE THE UNIFORM PLUMBING CODE, 1973 EDITION. It was moved by Councilman Nanel and seconded by Councilwoman Frankiewich to adopt Ordinance No~ 526° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Nanel and Roberts None Lacayo SECOND READING OF ORDINANCE REGARDING CIRCULATION AND FILING OF CERTAIN PETITIONS: It was moved by Councilwoman Frankiewich, seconded by Councilman Nanel and unani- mously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. 527 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING SECTION 17-28 TO THE CODE OF THE CITY OF CYPRESS, REGULATING THE CIRCULATION AND FILING OF CERTAIN PETITIONS. It was moved by Councilman Nanel and seconded by Councilwoman Frankiewich to adopt Ordinance Noo 527. 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 -5- City Council Minutes March 11, 1974 CONSENT CALENDAR: Mayor Roberts announced that all items listed on the agenaa 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~ No Councilman wished to remove an item° Councilman Harvey briefly discussed Item Nos. 3 and 8~ It Was moved by Councilwoman Frankiewich, seconded by Councilman Kanel and unanimously carried to approve Item Nos~ 2 through 8 on the Consent Calendar. Item Noo 2= Consideration of a Claim for Damages - Howard B. Neal. Recommendation: That the City Council officially deny the claim and refer the matter to the City's insurance carrier. Item No. 3: Consideration of a Communication Regarding the Condition of the Property Located at 5732 Karen Avenue. Recommendation: That the City Council request the staff to attempt to solicit the cooperation of the property owner at 5732 Karen Avenue to improve the condi- tion Of his property. Item No. 4: Consideration of a Resolution from the City of Buena Park Opposing State Legislation Regarding Employer-Employee Relations. Recommendation: That the City Council request the City Manager to notify our State legislators of the City Council's support of the Buena Park Resolution. Item No. 5: Consideration of a Communication from the Citizens Water Bonds Committee Requesting Support for Proposition W. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO~ 1450 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENDORSING PROPOSITION W ON THE jUNE 4, 1974 BALLOT~ Item Now 6: Consideration of a Resolution of the City Council of Seal Beach Opposing Assembly Bill 16 Regarding a Mandatory State Retirement Plan for Police Officers~ Recommendation: That the City Council request the City Manager to notify our State legislators of the City Council~s opposition to this legislation. Item No. 7: Consideration of a Resolution of the City of Newport Beach Urging the Orange County Transit District to Consider the Development of a Localized Passenger Service in Conjunction with a Rapid Transit Program° Recommendation: That the City Council request the City Manager to notify the Orange County Transit District of the City Council's support of the localized passenger service, as suggested in the Resolution of the City of Newport Beach. Item Noo 8: Consideration of an Application for an Alcoholic Beverage License - 4360 Lincoln Avenue~ Recommendation= Receive and fileo -6- City Council Minutes March I1, 1974 EXECUTIVE SESSION: Mayor Roberrs declared an Executive Session at 5:35 p.m. to discuss matters of personnel° COUNCILMAN LACAYO ARRIVED AT 5:40 P.M. The meeting was called back to order at 6:10 p.m. with all Councilmen present. MINUTES: It was moved by Councilman Lacayo, seconded by Councilwoman Frankiewich and unanimously carried to approve the minutes of February 25, 1974. Mayor Roberts announced that one of the matters discussed in the Executive Session was appointment of a City Attorney necessary because of the resignation of James Erickson. It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING THE LEGAL REPRESENTATIVES OF THE CITY. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Narvey, Fanel, Lacayo and Roberts NOES: 0 COUNCILMEN: NOne ABSENT: 0 COUNCILMEN: None The Council members briefly discussed the overnight parking article and survey to be included in the March City newsletter and the alternatives for conducting the survey~ The Council suggested that a telephone survey be conducted as a follow up to the newsletter survey to order to obtain greater citizen response and that survey forms be left at homes in certain areas of the City advising residents that they have been chosen as a cross section and requesting them to complete and return the forms to city hall. Mayor Roberts announced that the V.F.W. presentation to Officer Morris would be continued to the meeting of March 12. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Harvey and unani- mously carried to adjourn the meeting at 6:20 p.m. to Tuesday, March 12, at 7:00 p~m~ ~4AYOR ~ THE CITY OF CYPRES~ ATTEST: CITY C~E~ O~ T~. C'~Y ~ CYPRESS -7-