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Minutes 75-02-24OF MINUTES OF A REGULAR MEETING THE CYPRESS CITY COUNCIL HELD February 24, 1975 The regular meeting of the Cypress City Council was called to order at 4:15 p.m. on Monday, February 24, 1975 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: Councilmen Frankiewieh, Harvey and Lacayo ABSENT: Councilmen Kanel and Sonju Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following members of the City Staff: Charkow, Duke, Dunlap, Hawley, Osborn and Schatzeder. PRESENTATION OF EMPLOYEES SERVICE PINS: The City Manager introduced and gave an employment history of the following employees who were presented with service pins by the Mayer: ten year employees were Lieutenant Charles Beard, Sergeant Don Sowma and Captain Edwin Robertson; five year employees were Deputy City Clerk Lillian Haina, Building Superin- tendent Ray Warren, Office Engineer Frank Dalesandro, Buildings and Grounds Maintenance Supervisor Lowell Weimer, Dispatcher Cecelia DeGuzman, and Agents Ron Dickson, David Ockey and Robert Stroud. The City Manager advised the Council that the applicant for the Student Home Services permit was in the audience and the Council agreed to take Item No. 18 out of order. Mr. Ed Von Sonn requested that the hours of the permit to paint curb home addresses be extended until about 7:30 p.m. He stated the work was done by students who were usually at school and unable to complete the work between 9 a.m. and 5 p.m. Councilman Harvey noted that the Council had approved other permits for solicitation until dusk and then moved to extend the hours to 7:30 p.m. for the Student Home Services painting permit. The motion was seconded by Councilwoman Frankiewich and unanimously carried. At the City Manager's request, the Mayor added Item No. 12a to the Consent Calendar regarding a claim against the Recreation and Park District by Janine A. Fisher. CONSIDERATION OF AWARD OF CONTRACT FOR (65) FOLDING TABLES AND (5) TABLE TRUCKS: The City Manager presented a report dated February 20, 1975 from the Finance Director and reviewed the five bids which were received. It was moved by Councilman Harvey and seconded by Coun- cilwoman Frankiewich that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, accept the bid of the Sanders Office Supply & Equipment Company as the lowest responsible bidder and award the contract to them in the amount of $3,271.53. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Sonju and Lacayo City Council Minutes February 24, 1975 CONSIDERATION OF AWARD OF CONTRACT FOR (60) HERMAN MILLER MODULAR SEATING (CM101~ 102~ 104) AND 54 CONNECTORS: The Council requested that this matter be continued until the entire Council is present. CONSIDERATION OF AWARD OF CONTRACT FOR (2) CRESS KILNS WITH SITTERS (C-30-FH), (3) SHIMPO POTTER'S WHEELS (RK-2) AND (2) HOLLOWELL KILN CARTS (36BE): The City Manager presented a report from the Finance Director dated February 20, 1975 and summarized the three bids received for th~ equipment to be used in the Oak Knoll Park Community Center Building. It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey that the City Council, acting as ex officio Board of Directors of the Cypress Recre~ation and Park District, accept the bid of Stewart~s of Californi& Inc. as the lowest responsible bidder and award them the contract in the amount of $4,669.83. The motio!n was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Harvey and Laceyo None Kanel and Sonju CONSIDERATION OF AWARD OF CONTRACT FOR <500) #472-41~ STEELCASE STACK CHAIRS & (8) #472-D CHAIR DOLLIES: The City Manager presented the Finance Director~s report dated February 20, 1975 and summarized the two bids received for the chairs for the Community Center Building. It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, accept the bid of the Sanders Office Supply & Equipment Company as the lowest responsible bidder and award them the contract in the aaount of $14,634.36. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Sonju CONSIDERATION OF AWARD OF CONTRACT FOR (1) TORO 76" TRIPLEX MOWER: The City Manager presented a report from the Finance Director dated February 20, 1975 which indicated the Toro Pacific Distributing Company is the manufacturer of the Triplex mower and substitutes of the mower are not available. It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, award the contract to Toro Pacific Distributing Company, 16212 S. Broadway, ~ardena, Calif- ornia, under Section 21-A-8-C, Sole Supplier, in the amount of $2,700.00. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Sonju and Lacayo -2- City Council Minutes February 24, 1975 CONSENT CALENDAR: Mayor Lacayo announced that all items listed on the agenda under "Consent Calendar" were to be considered by the Council as routine and enacted by one motion approving the recommendation regardinR each item listed on the agenda. It was moved by Councilwoman Frankiewich, seconded by Councilman Harvey and unanimously carried to approve Items No. 9 through 12a on the Consent Calendar. Item No. 9: Consideration of Proposed Annexation to the City of La Palma Designated Annexation #74-1. Recommendation: Receive and file. Item No. 10: Consideration of Two Resolutions Concerning the Scheduling of the Community Center Building for Polit- ical Oriented Gatherings. Recommendation: That the City Council receive and file these Resolutions and that the City Manager be directed to communicate with the organizations indicating the time schedule for adoption of the proposed rules and regulations. Item No. 11: Consideration of the Congressional-City Conference, March 2-4, 1975, Washington, D.C. Recommendation: That the City Council approve the attendance of the Mayor and any other Council persons who wish to attend the Congressional-City Conference, March 2-4, 1975, in Washington, D.C., and that all necessary and actual expenses be reimbursed. Item No. 12: Consideration of Resolution of Commendation to Charles Herbert Moore. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CHARLES HERBERT MOORE IN RESCUING A CYPRESS POLICE OFFICER ON JANUARY 18, 1975. Item No. 12a: Consideration of a Claim Against the Cypress Recreation and Park District Submitted by Janine A. Fisher. Recommendation: That the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, officially deny the claim of Janine A. Fisher and refer the matter to the City~s insurance carrier for the appropriate disposition. CONTINUATION OF CONSIDERATION OF NAME CHANGE FOR THE ADVISORY TRAFFIC COMMITTEE: The City Manager presented a report dated February 20, 1975 regarding the name change proposed by the Advisory Traffic Committee. It was moved by Councilwoman Frankiewich, Councilman Harvey and unanimously carried the City Attorney to prepare an ordinance name of the Advisory Traffic Committee to Commissiom. seconded by to direct changing the the Traffic -3- City Council Minutes Pebruary 24, 1975 CONTINUATION OF ~ONSIDERATION OF TRACT #8126, EXTENSION OF TIME FOR S & S CONSTRUCTION COMPANY: The City Manager presented a report dated Pebruary 20, 1975 concerning a request by the developer for a one year extension to complete improvements in Tract #8126. It was moved by Councflman Harvey and seconded by Coun- cilwoman Frankiewtch to approve a one-year extension for Tract #8126. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Sonju CONTINUATION OF CONSIDERATION OF ACCEPTANCE OF IMPROVE- MENTS AND RELEASE BONDS FOR TRACT #67~9, CUP #215, MODEL SITE~ DIVISION OF .LAND #24~ PROJECT #6954-10 FOR LARWIN SOUTHERN CALIFORNIA~ INC.: The City Manager presented a report dated Pebruary 20~ 1975 and the staff indicated all improvements were completed in accordance with the plans and specifications and that re-grading of the site would be completed this week. It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey to accept the improvements in Tract #6719, CUP #215, model site and Division of Land #24 as being satisfactorily completed in accordance with plans and specifications and authorize the City Clerk to release the Monumentatton Bond and the Labor and Material Bond upon expiration of their required lien period providing no mechanic liens are filed with the Performance Bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Sonju and Lacayo CONSIDERATIO. N OF WEED & RUBBISH ABATEMENT PROGRAM 197~J RESOLUTION AUTHORIZING POSTING OF PROPERTIES AND DECLARING CITY'S INTENTION TO ABATE: The City Manager presented a report from the Public Works Director dated February 13, 1975 which transmitted a work schedule for the 1974/75 fiscal year, Phase II, weed and rubbish abatement program and a resolution listing the properties requiring removal of weeds. It was moved by Councilman Harvey and seconded by Councilwoman Frankiewich to adopt the following Resolu- tion by title only, title as follows: RESOLUTION NO. 1572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY OP CYPRESS CONSTITUTE A PUBLIC NUISANCE, DE- CLARING ITS INTENTION TO PROVIDE FOR THE ABATE- MENT THEREOF, AND SETTING A PUBLIC HEARING THEREON. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Sonju City Council Minutes February 24, 1975 CONSIDERATION OF CONTRACT CHANGE AND APPROPRIATION OF dated February 10, 1975 from the Public Works Director which indicated an appropriation of $994.64 was required to install a vapor recovery system for the Gas Tank Facility. The system was not included in the original contract since it was not required at that time. It was moved by Councilman Harvey and seconded by Coun- cilwoman Frankiewich to approve the contract change and authorize a budgeted transfer to the General Operating Fund and appropriate $994.64 from the fund balance of the General Operating Fund to Account #10-41724-186. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Harvey and Lacayo None Kanel and Sonju CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS #37731-37872: It was moved by Council- woman Frankiewich and seconded by Councilman Harvey to approve the Commercial Warrant List for Warrants #3773i through 37821 in the total amount of $114,861.55 and the List for Warrants #37822 through 37872 in the total amount of $385,588.02. The motion was unanimously carried by the following roI1 call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Sonju and Lacayo CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS #3994-4037 AND .274-280: It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey to approve the Recreation and Park District Commercial Warrant List for Warrants #3994 through 4019 and 274 through 277 in the total amount of $1,003,034.35 and the List for Warrants #4020 through 4037 and 278 through 280 in the total amount of $870,986.65. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Frankiewich, Harvey and Lacayo None Kanel and Sonju CONSIDERATION OF CHANGE ORDER TO ADD FOUR (4) RAMPS TO BICYCLE TRAIL CONTRACT~ PROJECT #7406-90: The City Manager presented a report from the Public Works Director dated February 19, 1975 which listed four locations where additional sidewalk ramps are needed in the bike trail construction. Sufficient funds were budgeted for the project which will cover the extra cost. It was moved by Councilman Harvey and seconded by Coun- cilwoman Frankiewich to approve change order #2 on Project #7406-90 in the amount of $1760.00 to add four (4) concrete ramps and appropriate $1760.00 from the fund balance of the 2106 Gas Tax Fund to Account No. 10-419.26-186. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Sonju -5- City Council Minutes February 24, CONSIDERATION OF APPROPRIATION OF FUNDS PREVIOUSLY 1975 ALLOCATED~ CITY PROJECT #7439-90: The City Manager presented a report from the Public Works Director dated February 12, 1975 which outlined the funds that have been appropriated and those which are necessary to be appropriated for the Maintenance Yard Building. It was moved by Councilwoman Frankiewich and seconded by Councilman Harvey to authorize a budgeted transfer to the General Operating Fund and appropriate $84,000.00 from the fund balance of the General Operating Fund to the following accounts: 10-41624-001 10-41624-111 10-41624-113 10-41624-186 $12,524.49 969.59 18.92 70,487.00 The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Sonju and Lacayo CONTINUATION OF CONSIDERATION OF ADOPTING AN ORDINANCE RELATING TO BICYCLE LICENSING: The City Manager presented a report dated February 20, 1975 which indicated that, as a result of the Council~s concern regarding a possible excessive bike licensing fee, the staff determined the actual cost to be $3.60 as compared to the $1.00 proposed charge for a license. It was moved by Councilman Harvey, seconded by Council- woman Frankiewich and unanimously 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 ADDING CHAPTER 4 TO THE CODE OF THE CITY OF CYPRESS RELATING TO BICYCLE LICENSING. It was moved by Councilman Harvey and seconded by Council- woman Frankiewich to approve the first reading of the Ordinance. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Frankiewich, Harvey and Lacayo None Kanel and Sonju CONTINUATION OF CONSIDERATION OF RESOLUTION OF THE CITY OF LOMITA OPPOSING A SOUTH COAST REGIONAL COASTLINE COMMISSION'S POWERS~ FUNDING AND GOVERNMENT ELEMENT: The City Manager presented a report dated February 20, 1975 regarding this matter. Councilwoman Frankiewich stated Cypress would be within the five mile area of influence of the Coastline Commission and Councilman Harvey stated he was opposed to any further governmental controls over local jurisdictions. It was moved by Councilman Harvey and seconded by Coun- cilwoman Frankiewich that the City Council support the Resolution of the City of Lomita opposing the powers, funding and government element of the South Coast Regional Coastline Commission. The motion was unani- mously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Sonju City Council Minutes February 24, 1975 CONTINUATION OF CONSIDERATION OF ESTABLISHMENT OF NEW CONTRACT FOR COMPUTER SERVICES WITH OPTIMUM SYSTEMS INC. (OSI}: The Finance Director presented a compre- hensive report dated February 5, 1975 and evaluated the operation and advantages of the proposed system over the existing computer program with Municipal Data Systems. Reasons for the proposed change were the following: elimination of credibility problems; im- provement of computer flexibility and program usage; elimination of an inadequate payroll program; and reduction of internal costs to operate the computer system. It was moved by Councilwoman Frankiewich and seconded by Mayor Lacayo to terminate the City's present member- ship in Municipal Data Systems with the required three month notice and authorize a three-year contract for computer service with Optimum Systems Incorporated as outlined in the staff report for payroll, finance, and business license program operation, with the contract not to exceed $28,000 per year. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Sonju and Lacayo CONSIDERATION OF A REQUEST FOR APPROPRIATION FOR FURNISHINGS AND EQUIPMENT FOR THE CITY OF CYPRESS CORPORATION YARD: The City Manager presented a report dated February 18, 1975 from the Finance and furnishings needed for the Corporation Yard and indi- cated that the necessary funds were not yet appropriated. The Council continued discussion of this matter until the entire Council is present. EXECUTIVE SESSION: Mayor Lacayo called for an Executive Session at 5:45 p.m. for matters of personnel. The meeting was called back to order at 5:50 p.m. with all Councilmen present except Councilmen Sonju and Kanel. RECESS: Mayor Lacayo recessed the meeting at 5:55 p.m. until 7:30 p.m. CALL TO ORDER: Mayor Lacayo called the regular meeting of the Cypress City Council back to order at 7:35 p.m. in the Cypress City Council Chambers with the following Councilmen present: PRESENT: ABSENT: Councilmen Frankiewich, Son]u and Lacayo None Harvey, Kanel, Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following members of the City Staff: Bryant, Charkow, Duke, Dunlap, Hawley, Osborn and Schatzeder. PLEDGE OF ALLEGIANCE: The pledge to the flag was led by Councilman Kanel. The City Manager reviewed the actions the Council took in the afternoon session. City Council Minutes February 24, 197~ ORAL COMMUNICATIONS: Newly elected Orange County Super- visor Laurence Schmit, representing the se~cond district, introduced himself and stated he was looking forward to working and cooperating with the City. He introduced his Executive Assistant, Mr. Loran Norton and announced that he had reappointed Mrs. Vickie Evans to the Orange County Manpower Commission. At Councilwoman Sonjuts request, the Mayor placed Item #39 on the agenda regarding the Airport Land Use Commission, and Item #40 regarding the Housing and Community Development Act public hearings. Councilwoman Sonju suggested that the Council adopt a policy whereby actions requiring consideration by the Airport Land Use Commission are transmitted to the Commission only after approval by the City Council and not following approval by the Planning Commission which is the present policy. CounciIwoman Sonju inquired if sufficient legal notice was given to affected property owners of the public hearings on the Community Development Act and she stated one property owner did not receive the notice until the day after the hearing. She recommended that the hearing be held again to give all persons an opportunity to express their views even if the County has taken action. The Planning Director stated that public hearing notices were posted in three public places and mailed at least seven days prior to the hearing to the property owners in the project area. He stated the property owners were notified as a courtesy since it is not a legal requirement. Councilwoman Sonju requested that the staff investigate if the public hearing notices were mailed giving sufficient notice and if not that the staff conduct another public hearing. PRESENTATION OF RESOLUTION OF COMMENDATION TO CHARLES HERBERT MOORE IN RESCUING A CYPRESS POLICE OFFICER: Mayor Lacayo read and presented a resolution to 24- year old Cypress resident Charles Herbert Moore commending his heroism in rescuing a Cypress police officer from a burning car following a collision on January 18. Mayor Lacayo announced that this was the time and place for the public hearing and he declared the following hearing open and continued until after Oral Communications: CONTINUATION OF PUBLIC HEARING RE: PROPOSED AMENDMENTS TO THE ZONING ORDINANCE OF THE CITY OF CYPRESS. Mrs. Fran Simpson, 6035 Jeffrey Mark Street, Cypress, announced she had resigned as secretary of the Cypress Citizens Association on November 14, 1974 and she read her letter of resignation. She stated she could not condone the questionable honesty and lack of integrity of some of the organization's leaders who she felt were using the organization in a personal struggle against the City and placing the CCA's goals and purposes in jeopardy. Mrs. Simpson stated she was aware the City was conducting an investigation of persons and groups -8- City Council Minutes February 24, 1975 with special interests concerning development of the Association and stated the Council may use these in its investigation. Mrs. Simpson stated the originals of the documents were returned by certified mail to the CCA president. Mrs. Simpson compared minutes of the CCA executive council and general membership which she felt indicated the executive council took certain actions without approval or knowledge of the general membership. She read from minutes and correspondence and attempted to explain the CCAts interest and involve- ment in matters including the circulation of the initiative petition for the Harvey property, the Orange County Grand Jury's investigation of the City's admissions tax, CCA support of the Airport Land Use Commission, and the Navy's acquisition of the Nike site and development of a portion for a Garden Grove regional park and development of a portion of the Harvey property for a regional park. Mrs. Simpson reported that she had reviewed all of the material with a blue ribbon committee which investigated her charges and she read the report from the committee to the CCA membership. Their conclusion was that the charges were unwarranted and their recommendations included a quarterly review of the CCA by-laws, that the secretary maintain the official correspondence files, that a historian position be established with the historian to maintain the official historical records, that the presidentts signature appear on all outgoing correspondence and that the minutes of the executive meetings be made available at the following general membership meeting. Mr. Joseph Hardcastle, 4588 Blanca, Cypress, cautioned the Council about accepting the private records of a private organization and, in response to a question from Mayor Lacayo, stated he would not support an ordinance which would require any organization to make its records public. Mr. Donald Hudson, 6153 Lawrence, Cypress, stated he would support the City Council and city organizations making all documents available to the public and that it would be desirable for developers to make information available. RECESS: Mayor Lacayo called for a recess at 9:35 p.m. The meeting was called back to order at 9:45 p.m. with all Councilmen present. CONSIDERATION OF A PRELIMINARY REPORT ON THE INVESTIGA- TION OF THE SPECIAL INTERESTS INVOLVED IN THE DEVELOPMENT OF THE PROPERTY ADJACENT TO THE LOS ALAMITOS NAVAL AIR STATION: The City Manager presented a preliminary report dated February 24, 1975 in response to the Council~s February 10 request for an investigation of special interests involved in the property adjacent to the Air Station. The final report will contain a review of all available records to provide historical data and infor- mation on special interests in the property and will be presented March 10. The City Manager stated he would meet with and obtain a current statement of interest from all special interest individuals and groups. The City Manager summarized his report and identified the special interests as the following: Harvey and Vessels families as property owners, Shapell Industries, Souther~ Pacific Company, and Mr. Carl DiPietro as individuals or groups interested in development of the property, the -9- City Council Minutes February 24, 1975 Cypress Chamber of Commerce, College Park Homeownerst Association, and Cypress Citizenst Association as in- terested community organizations, Los Alamitos Naval Air Station, and agencies including the Airport Land Use Commission, County Board of Supervisors, Orange County Chamber of Commerce, Southern California Associa- tion of Governments, and California State Legislature. The City Manager stated specific information regarding each of the special interests would be contained in the final report and he gave an analysis of the positions of the Harvey family, the Cypress Citizens' Association particularly in relation to the activities of Vice President Howard Rowan, a former Los Alamitos officer, the Los Alamttos Naval Air Station, Airport Land Use Commission, County Board of Supervisors, and State Legislature. Regarding the CCA~s position, the City Manager recommended that the CCA provide the City with any information it may have on the possibility of trading the property with the Navy in an effort to improve the City's tax base. In regard to the Board of Supervisor's interest, the City Manager recommended that the City be involved in the current Board study of the proposal for a joint military/ commercial use of Los Alamitos Air Station. Concerning the interest of the State Legislature, the City Manager reported on proposed Assembly Bill #15 regarding regula- tion of prime industrial lands which, if approved, could severely restrict the City~s ability to develop the property. The City Manager summarized the following alternatives: if the property owner and City fail to reach an agreement, serious negotiations could begin on a trade of the property with the Navy, the property owner could apply to place the property in an agricul- tural preserve, or, with the approval of A.B. 15, the City could lose control over development to the State Agricultural Resources Council; the Navy could expand its activities and obtain the property through inverse condemnation action; or the conversion of the Air Station to a military/commercial airport. The City Manager's recommendations were to immediately meet with the property owner to discuss development alterna- tives, to meet with the membership of the CCA to discuss the issues, that the Council authorize the Mayor and/or other members of the Council to meet with federal officials in Washington to discuss the status of the Nike base exchange, support League of California Cities legislation to delete military air facilities from the jurisdiction of the Airport Land Use Commission, request involvement in the County's deliberations on a Los Alamitos military[ commercial airport proposal, and that the Council take an immediate position opposing Assembly Bill No. 15 to ensure that the bill would not affect the City's agricul- tural properties. Mr. Don Hudson, 6153 Lawrence, Cypress, stated he had additional information he would make available to the City Manager regarding the tax base, safety elements and legislative intent relating to the Airport Land Use Commission. Lieutenant Commander Brown of Los Alamitos Air Station asked that the Council delay action until the City Manager meets with Air Station personnel so that the Council may get the latest facts. He advised that the Navy at present has no plans to purchase or trade the entire Harvey property but that it was considering the acquisition of 93 acres, 52 of which it is presently leasing. He stated the Navy has the rights to the Nike site but the land would be used for another air station. He felt the City should not be worried about the Navy trading 250 acres for 500 acres of the Harvey property. -10- City Council Minutes February 24, 1975 I~a~moved by Councilwoman Sonju and seconded by Councilman Kanel to approve the six recommendations contained in the City Manager's report dated February 24, 1975. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo None None CONTINUATION OF PUBLIC HEARING RE: PROPOSED AMENDMENTS TO THE GENERAL PLAN: Mayor Lacayo reopened the public hearing and continued it until after consideration of Item No. 30. CONSIDERATION OF ASPHALT BIKEWAY ON VALLEY VIEW~ Kanel, ORANGEWOOD & HOLDER: The City Manager presented a report from the Public Works Director dated February 13, 1975 which transmitted a memorandum from the Public Works Director dated January 27, 1975 giving reasons for the installation of soil cement and asphaltic concrete on the eight foot wide bikeway along Valley View, Orangewood and Holder. The City Manager read a letter from the president of the College Park Home- owners' Association, Ed Jabbout, which requested removal of the blacktop and replacement with concrete to conform with the sidewalks in the College Park tract. The staff reported the cost of removal would be about $38,500 compared to about $3600 to color coat the bikeway. The following speakers recommended removal of the blacktop and replacement with cement and expressed concern over the possible danger to bicyclists from cracks due to heat and accumulation of glass on the bikeway, the lack of conformity with sidewalks in the area, and unattractive aesthetic appearance: of Mr. of Mr. Mr. Mrs. Cindy Brasset, Mr. Bob Davis, 6441 David Clement, 6580 Capers Way, Cypress, president the Cypress Village Homeowners' Association, Ed Jabbour, 11300 Providencia, Cypress, president the College Park Homeowners' Association, Bill McClelland, 6317 Sombrero, Cypress, Vernon Gaede, 6652 Brewster Court, Cypress, 6657 Brewster Court, Cypress Cantiles, Cypress It was moved by Councilwoman Sonju and seconded by Councilwoman Frankiewich to direct the staff to meet with the developer, S & S Construction, and attempt to gain his cooperation to resolve the problem as requested by the homeowners, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Kanel, RECESS: Mayor Lacayo called for a recess at meeting was called back to order at Councilmen present. 11:25 p.m. The 11:35 p.m. with all -11- City Council Minutes February 24, 1975 CONTINUATION OF PUBLIC HEARING RE: PROPOSED AMENDMENTS TO THE ZONING ORDINANCE OF THE CITY OF CYPRESS: Mayor Lacayo announced that this was the time and place for the public hearing to consider proposed amendments to the Cypress Zoning Ordinance and he reopened the hearing and asked for the staff's report. The Planning Director presented a report dated February 6, 1975 which explained all of the amendments which attempt to refine and clarify portions of the Zoning Ordinance. He reported that several amendments would provide more latitude for uses permitted in certain zones, particularly industrial and commercial zones, and that the amendments were unanimously approved by the Planning Commission with the exception of a provision to allow compact car parking spaces in off-street lots. He reported that one Commissioner questioned the practicality of the provision. It was moved by Councilwoman Sonju and seconded by Councilwoman Frankiewich to approve the amendments and direct the staff to prepare the necessary ordinance amending the Zoning Ordinance. The motion was unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewicb, Harvey, Kanel, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None MINUTES: Since there were several corrections to the February 10, 1975 minutes regarding the public hearing on General Plan Amendment #74-2, the Mayor, with the Council's consent, approved the minutes as mailed with the correction that the entire proceedings of the public hearing regarding General Plan Amendment #74-2 be included verbatim in the minutes. CONSIDERATION OF AWARD OF CONTRACT FOR (60) HERMAN MILLER MODULAR SEATING (CM101, 102, 104) AND 54 CONNECTORS: The City Manager presented a report from the Finance Director dated February 20, 1975 which indicated bids for the seating were requested from nine vendors and only one bid was received which exceeded $13,000. The staff presented a photograph of the type of seating to be purchased for the Oak Knoll Park Community Center. Mayor Lacayo expressed concern over the high cost of the seating which was about $250 per seat and the staff explained the seating was unique, easily moveable, and could be rearranged in a straight or curving pattern. Councilman Kanel expressed concern over the lack of competition in having the parks consultant recommend a product which only one vendor could supply and he asked if the staff investigated whether more than one vendor could supply the product. He felt the type of materials recommended in the specifications should be able to be supplied by several vendors. The staff explained that the parks consultant, recreation staff and architect had recommended the type of equipment and written the specifications, and the staff selected vendors whom they thought could meet the specifications. -12- City Council Minutes February 24, 1975 ~'YTt?was moved by Councilwoman Sonju, seconded by Council- woman Frankiewich and unanimously carried to request the staff to prepare a report for the next meeting in- vestigate other alternatives, including rebidding, and request an evaluation from the parks consultant, Rec- reation Systems, Inc. CONTINUATION OF CONSIDERATION OF CLARIFICATION OF CITY ORDINANCE #539 RE: TERMS OF COMMISSIONERS: The City Manager presented a report regarding the ordinance dated February 20, 1975. The City Attorney explained that the amendment to the ordinance, discussed at the February 10 Council meeting, would provide that Ordinance #539, limiting the number of terms of a commissioner, does not apply to any commissioner serving on the effective date of Ordinance #539. Councilman Harvey stated his intent in recommending Ordinance #539 was to limit a commissioner's term to four years and that the ordinance should take effect prior to the last two appointments made in September, 1974. Since the ordinance took effect after the last two appointments, he recommended a compromise that the ordinance take effect on all appointments made subsequent to January 1, 1974 which would affect five commissioners. It was moved by Councilman Harvey and seconded by Coun- cilwoman Sonju to amend Ordinance #539 to provide that the ordinance affects those appointments made subsequent to January 1, 1974. Mayor Lacayo and Councilwoman Frankiewich indicated they would not support the amendment since two Recreation and Park Commissioners would be exempt from the Ordinance and would be able to serve longer than four years. They felt this was contrary to the intent of the ordinance which was to enable more persons to serve on commissions and felt the ordinance should be equally applicable. Councilman Kanel questioned the need for this type of restriction and supported a person serving a couple of terms especially if he is capable and has the confidence of the Council. He added that the Council retains the right to remove a person at any time. He stated he would vote against the amendment. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey and Sonju Franklewich, Kanel and Lacayo None Mayor Lacayo felt the Council should be in unanimous support of the method of appointing persons to commissions and stated he would support the original ordinance. Councilman Harvey stated the ordinance was not directed against any individuals and would clarify to commissioners what their terms of office are and would remove the political aspect of appointments. He felt an effective date for the ordinance should be established. The City Attorney explained that Ordinance #539 provides that no commissioner, even one filling an unexpired term, may be reappointed until after a period of two years and the question is whether Ordinance 539 should be amended to allow for certain reappointments. City Council Minutes February 24, 1975 Councilman Harvey stated he opposed the ordinance as it presently reads and he moved to rescind Ordinance #539. The motion was seconded by Councilman Kanel and failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: Harvey and Kanel NOES: 3 COUNCILMEN: Frankiewich, Sonju and Lacayo ABSENT: 0 COUNCILMEN: None It was moved by Councilwoman Sonju and seconded by Councilwoman Frankiewich to amend Ordinance #539 to provide that every commissioner serves a four year term regardless of the date of appointment. Councilman Kanel felt it was a mistake to limit the number of terms and felt that, in the case of certain commissioners, it took several years to become familiar with the functions of the commission and the commissioners should be able to continue on after gaining experience. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Lacayo NOES: 1 COUNCILMEN: Kanel ABSENT: 0 COUNCILMEN: None Harvey, Sonju CONTINUATION OF CONSIDERATION OF PROPOSED ORDINANCE ESTABLISHING AN INDUSTRIAL AND COMMERCIAL DEVELOPMENT COMMISSION: The City Manager presented a report dated February 20, 1975 and transmitted an ordinance regarding the formation of the Commission. He noted that no representative from the Planning Commission was named to the Commission and asked if the Council wished to consider such an appointment. Councilman Harvey recommended that the Planning Director be named as a member and Councilwoman Sonju recommended the appointment of two City Council members. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to appoint the Planning Director and two City Councilmen to the Commission. Councilmen Frankiewich and Kanel felt there should be more public representation and less participation from governmental bodies. The Council agreed that the City Manager and Planning Director should be ex officio Com- mission members. A substitute motion was made by Councilman Harvey, seconded by Mayor Lacayo and unanimously carried to appoint the City Manager and Planning Director as ex officio members of the Industrial and Commercial Development Commission and request that City Councilmen submit recommendations on the City Council member appointments. CONSIDERATION OF AUTHORIZING A RESEARCH STUDY: The City Manager presented a report dated February 20, 1975 from the Administrative Coordinating Team which recommended that the City contract with Opinion Research of California for the conduction of a random sampling survey on current City issues. The report indicated the survey would be completed in approximately two months at a cost of between $2600 and $4800. Proposed survey issues include the economic development program for the City and other community issues which the Council has discussed. -14- Council Minutes February 24, 1975 Councilwoman Frankfewich felt the study could be deferred until the City is in a better financial position and Councilwoman Sonju felt the present time was appropriate to get citizen input on current issues. It was moved by Councilman Harvey and seconded by Coun- cilwoman Sonju to appropriate $4800 from the fund balance of the General Fund to Account #10-11402-189 and authorize the City Manager to enter into a contract with Opinion Research of California for the purpose of conducting a random sample survey in the community as outlined in the staff report. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Sonju and Lacayo NOES: 2 COUNCILMEN: Frankiewich and Kanel ABSENT: 0 COUNCILMEN: None CONSIDERATION OF EVALUATION OF CITY'S COMMUNICATION SYSTEMS: A report was presented by the City Manager dated February 20, 1975 recommending that the City contract for an evaluation of its telephone and inter- com systems in an attempt to reduce equipment and operation costs. Transmitted was a proposal from Burton/South- western, Inc. for the study at a cost of between $3500 and $4800. The City Manager indicated the City did not have funds budgeted for a new communications system but that the Police Department had approximately $3500 budgeted for improvements in their system. Chief Duke reported that the Police Department was experiencing problems with its intercom system which was inadequate. He reported that they had sought advice from various agencies including the telephone company but that the communications system involved more than the telephone. Councilwoman Frankiewich felt the evaluation of the City's communication needs could be done in house and felt the matter should be discussed in next year's budget sessions when needs and priorities are determined. It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to table the matter. Councilman Kanel then withdrew the second. It was moved by Councilwoman Sonju and seconded by Councilman Kanel to continue this matter to the next meeting and request that the staff present more evalua- rive information, including information from the telephone company, on the need for a new communications system. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, and Lacayo NOES: 1 COUNCILMEN: Frankiewich ABSENT: 0 COUNCILMEN: None Sonju CONSIDERATION OF REQUEST FOR APPROPRIATION FOR FURN- ISHINGS AND EQUIPMENT FOR CITY OF CYPRESS CORPORATION YARD: The. Council continued consideration of this matter from the afternoon meeting. The Finance Director pointed out advantages of the central storage area and stated discounts would be received by making large purchases -15- City Council Minutes February 24, 1~ of supplies for several City departments and the purchase of equipment such as a forklift would free City crews from additional receiving and storage work. The staff reported that the savings from large quantity purchases and reduced cost from repairing City vehicles in house and purchasing gas from the Central Garage were esti- mated at $37,000 annually. The staff reported that although the amount for furnishings was not budgeted it was taken into account in determining the City's reserve at the end of this fiscal year which was est mated to be approximately $400,000. It was moved by Councilwoman Sonju and seconded by Councilman Kanel to appropriate $45,527.49 from the fund balance of the General Fund for the purchase of furnishings and equipment for the Corporation Yard as detailed in the staff's report, that a final report on appropriations be submitted to the Council, and that funds be appropriated to the following accounts: $ 143.21 $ 8,444.44 $ 3,160.00 $33,429.84 $ 350.00 to Acct. #10-14303-104 Central Stores Program- Special Activity Supplies to Acct. #10-35718 Capital Outlay-Furniture to Acct. #10-41924-108 Materials to Acct. #90-65035 Capital Outlay-Equipment to Acct. #90-65136 Capital Outlay-Office Equipment The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo None None Kanel, CONSIDERATION OF CHANGE IN "NO PARKING" RESTRICTION ON ORANGE AVENUE1 NORTH SIDE1 WEST OF MOODY: The City Manager presented a report from the Advisory Traffic Committee dated February 24, 1975 which indicated that a compromise parking restriction had been arrived at with the property owners in the vicinity of Orange Avenue and Moody Street. The Traffic Committee recommended that the Council adopt a parking restriction on the north side of Orange Avenue west of Moody between the hours of 7 to 9 a.m. and 4 to 6 p.m. Monday through Friday only. In a related action. the Traffic Committee also recommended a 7 a.m. to 6 p.m. -estriction for the area on the north side of Orange west of Holder to provide parking for extended day students at Cypress College. It was moved by Councilwoman Sonju and seconded by Councilwoman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1573 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING NO PARKING AREAS FOR THE PURPOSE OF FACILITATING THE INSTALLATION OF BICYCLE LANES IN ACCORDANCE WITH THE MASTER PLAN OF TRAILS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None City Council Minutes February 24, 1975 ~?S~dOND READING OF ORDINANCE AMENDING ORDINANCE NO, 497, THE ZONING ORDINANCE~ ESTABLISHING PROCEDURES FOR CERTAIN GENERAL PLAN AMENDMENTS: With the consent of the Council, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 497, THE ZONING ORDINANCE, ESTABLISHING PROCEDURES FOR CERTAIN GENERAL PLAN AMENDMENTS. It was moved by Councilwoman Frankiewich and seconded by Councilwoman Sonju to adopt Ordinance No. 543. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Lacayo NOES: 1 COUNCILMEN: Kanel ABSENT: O COUNCILMEN: None Harvey, Sonju The Council continued consideration of the following items to the March 10, 1975 meeting: Item No. 29, Consideration of Two-Way Radios for Public Works Depart- ment and Parks District, Item No. 36, Consideration of Fee Revision for Recreation Activities, Item No. 39, regarding the Airport Land Use Commission, and Item No. 40, regarding public hearings on the Housing and Community Development Act of 1974. Councilman Harvey requested that consideration of the topography of Maple Grove Park East be placed on the next agenda. EXECUTIVE SESSION: Mayor Lacayo called for an Executive Session at 1:20 a.m. for matters of personnel. The meeting was called back to order at 1:40 a.m. with all Councilmen present. At the City Manager's request, it was moved by Council- woman Sonju, seconded by Councilwoman Prankiewich and unanimously carried to add to the agenda consideration of an urgency ordinance regarding artist and photo- graphic studios. With the Council's consent, the Mayor ordered the fol- lowing Ordinance read by title only, title as follows: ORDINANCE NO. 544 AN INTERIM URGENCY ORDINANCE OF THE CITY OF CYPRESS AMENDING SECTION 10.1 OF ORDINANCE NO. 497, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, TO DELETE ARTIST AND PHOTOGRAPHIC STUDIOS AS PERMITTED USES IN THE CH ZONE. It was the unanimous consensus of the Council to adopt Ordinance No. 544. -17- City Council Minutes February 24, 1975 ADJOURNMENT: It was moved by Councilwoman Frankiewich, seconded by Councilman Kanel and unanimously carried to adjourn the meeting at 1:45 a.m. MAYOR CYPRESS ATTEST: CITY CLE ' RK ~ THE' CItY OF CYPRESS -18-