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Minutes 75-08-11MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 11, 1975 The regular meeting of the Cypress City Council was called to order by the Deputy City Clerk at 4:00 p.m. on Monday, August 11, 1975 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, with the following Council members in attendance: PRESENT: None ABSENT: Councilmen Itarvey, Kanel, Lacayo, Sonju and Frankiewich Due to the lack of a quorum, the Deputy City Clerk adjour'ned the meeting until 6:30 p.m. in the City Council Chambers. CALL TO ORDER: Mayor Frankiewich called the meeting of the City Council to order at 6:30 p.m. in the Cypress City Council Chambers with the following Councilmen present: PRESENT: ABSENT: Councilmen Harvey, Kanel and Frankiewich Councilmen Lacayo and Sonju Also present were Assistant City Manager Douglas Dunlap, City Attorney John Murphy, and the following City Staff Members: Bryant, Duke, Hawley, Osborn and Schatzeder. Mayor Frankiewich recessed the meeting at 6:35 p.m. to the Employees' Lounge for the purpose of holding a joint meeting with the Cypress Arts and Cultural Commission. Mayor Frankiewich called the meeting back to order at 6:40 p.m. in the Employees' Lounge with the following Councilmen present: PRESENT: ABSENT: Councilmen Harvey, Kanel and Frankiewich Councilmen Lacayo and Sonju Chairman Harold Lindamood called the meeting of the Arts and Cultural Commission to order at 6:40 p.m. with the following Commissioners in attendance: PRESENT: ABSENT: Commissioners Bush, Galloway, Ginns, Livingston, Ribman and Lindamood None Hawkins, COUNCILWOMAN SONJU ARRIVED AT 6:43 P.A{. COUNCILMAN LACAYO ARRIVED AT 6:45 P.~. The Council and Commission held discussion regarding the position of Coordinator to the Arts and Cultural Commission and the Commissioners indicated they would like a full- time person, who has a background and interest in the arts, assigned to work as liaison between the Commission and various State or national arts agencies in developing programs for the City of Cypress. The Assistant City ~ana- ger reported that CETA funds were unavailable to fund this position at this time. Alternatives suggested were to hire a graduate student for this position or a student under the work-study program. City Council Minutes August ll, 1975 It was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously carried to direct the staff to inves- tigate alternatives for the funding of the Coordinator position or position of Executive Director to the Arts and Cultural Commission. The Council also requested that the Commission submit a progress report on activities and programs undertaken by the Commission. Chairman Lindamood reported on the community excursion to the performance of Camelot at the Dorothy Chandler Pavilion and stated there were 100 tickets available and 35 paid reserva- tions had been made. Commissioner Ribman reported on the juried art show to be held February 10 - 12, 1976 for which the Commission had received $262 in State funds. She stated the Commission planned to solicit City merchants to offer purchase awards to allow the businessmen to obtain paintings. Mayor Frankiewich indicated that there was some misunder- standing on the part of the California Cavalry Youth Band as to their sponsor and the staff reported that a change of directors was recently made. Mr. Dunlap reported that the previous director was asked to review the by-laws of the ~and and discuss possible changes with the Commission. The Council directed the Commission to contact the new director with regard to review of the by-laws. Chairman Lindamood recessed the meeting of the Arts and Cultural Commission at 7:30 p.m. Mayor Frankiewich recessed the meeting of the City Council at 7:30 p.m. to the City Council Chambers. Mayor Frankiewich called the City Council meeting back to order at 7:35 p.m. in the City Council Chambers with the following Councilmen present: PRESENT: ABSENT: Councilmen Harvey, and Frankiewich None Kanel, Lacayo, Sonju Also present were Assistant City Manager Douglas Dunlap, City Attorney John Murphy, and the following City Staff Members: Bryant, Duke, Hawley, Lambert, Osborn and Schatzeder. PLEDGE OF ALLEGIANCE: Councilman Lacayo led the pledge to the flag. PRESENTATION OF VISTTING DIGNITARY'S PLAQUE: Mayor Frankiewich presented a visiting dignitary's plaque to Mrs. Setsuko Hayashi, a graduate of Tokyo Women's Art University, who is visiting Cypress and who made a presentation to the Arts and Cultural Commission. MINUTES: It was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to approve the July 28 minutes. At the request of the Assistant City Manager, Mayor Frankiewich placed Item #23 on the agenda regarding an appropriation of park bond funds, and Item #24 regarding statutory regional councils. -2- City Council Minutes August ll, 1975 ORAL COMMUNICATIONS: Mayor Frankiewich asked if anyone wished to speak in regard to any matter which was not on the agenda. There was no one who wished to speak. CONSENT CALENDAR: Mayor Frankiewich 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 regarding each item listed on the agenda. No Councilman wished to remove an item from the Consent Calendar and it was moved by Councilman Lac~yo, seconded by Councilman Kanel and unanimously carried to approve Items #2 through 10 on the Consent Calendar. Item #2: Consideration of an Application for an Alcoholic Beverage License for Type "21" Off-Sale General Person-to Person Transfer at Cypress Plaza Liquor, 11521 Knott Avenue, Cypress. Recommendation: Receive and file. Item #3: Consideration of a Claim for Damages by Attorney David J. Huarte on Behalf of Raelene Souza. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, officially deny the claim of Miss Raelene Souza and refer the matter to the City's insurance carrier for appropriate action. Item #4: Consideration of Abandonment No. 75.3, Portion of Katella Avenue West of Walker Street. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1634 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING AND ABANDC}NING PORTION OF KATELLA AVENUE PURSUANT TO THE PROVISIONS OF CHAPTER 5 (§§ 1930-1934) OF DIVISION 2.5 OF THE STREETS AND HIGHWAYS CODE OF CALIFORNIA. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN 0 COUNCILMEN 0 COUNCILMEN Harvey, Kanel, Lacayo, Sonju and Frankiewich None None Item #5: Consideration of Amendment to Fly Control Ordinance. Recommendation: That the City Council Attorney to prepare amendments to City through 13.12 - Fly Control to reflect responsible agencies for enforcement. direct the City Code Sections 13.6 the change of Item #6: Consideration of a Resolution of the City of Westminster Supporting House of Representatives Bill #7666. Recommendation: That the City Council go on record in support of HR Bill No. 7666 increasing the earnings limita- tion portion of the Social Security Act. -3- Council Minutes August 11, 1975 Item #7: Consideration of Support of AB 2353. ~{e<~'ommendation: That the City Council support AB 2353 ;~=hich will implement and fund a comprehensive litter abate- ineat program at the State and local level. ~Lem #8: Consideration of Recreation and Park District Matters. i~ecommendation: That the City Council approve the request i~f the Cypress Recreation and Park District employees for exchange of holidays from the day after Christmas to Christmas eve. ltem #9: Consideration of Approval of Use of the Standard Specifications for Public Works Construction for City Project~. ~e~;onsendation: That the City Council approve the use of Standard Specifications for Public Works Construction for f~ity projects. Item #10: Consideration of Landscaping Installation of Valley View Street Median, Fred Drive to Orange Avenue and from Stanton Channel to South City Limits, Acceptance of Improvements, Project #7450-90. i~e~;ommendation: That the City Council: (1) approve the i~ontract change as outlined in the staff report dated Aug~st ~;, 1975 for a revised contract cost of $42,899.44 for instal.- la~ion of landscaping on Valley View, Project #7450-90; and (2) accept the landscaping improvements on Valley View ~;ceet, Project #7450-90, as being satisfactorily completed ~l~i authorize the City Clerk to release the labor and material bonds upon expiration of the required lien period providing ao liens have been filed and to release the faithful ~erformance bonds upon expiration of one year guarantee providing no defects in material or workmanship become evident. CONTINUATION OF CONSIDERATION OF A PROPOSED ORDINANCE AMEND- ING THE PERSONNEL SYSTEM AND ESTABLI~;HING RULES AND REGULA- ~I'IONS FOR EMPLOYEES: The Assistant City Manager presented a r'eport dated August 6 regarding establishment of the Employees' personnel system and rules and regulations. This matter ~as continued from the July 28 meeting. ][ was moved by Councilman Kanel, seconded by Mayor Frankiewich ~nd unanimously carried to read the following Ordinance by ~.[tle only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF CYPRESS AMENDING CHAPTER 18 OF THE CYPRESS CITY CODE RELATING TO THE ESTABLISHMENT OF A PERSONNEL SYSTEM. ~t was moved by Councilman Kanel and seconded by Councilman l,a~!ayo to approve the first reading of the Ordinance. The ~notion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None -4- City Co~cil Minutes August ll, 1975 It was moved by Councilman Kanel and seconded by Councilman Lacayo to adopt the following Resolutions by title only, titles as follows: RESOLUTION NO. 1635 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING PERSONNEL RULES AND REGULATIONS FOR CITY EMPLOYEES AND RESCINDING ALL RESOLUTIONS AND PARTS OF RESOLUTUIONS IN CONFLICT HEREWITH. RESOLUTION NO. 52 A RESOLUTION OF THE CITY COUNCIL OF ~tE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING PERSONNEL RULES AND REGULATIONS FOR DISTRICT EMPLOYEES AND RESCINDING ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None COUNCILWOMAN SONJU LEFT THE MEETING AT 8~10 P.M. CONTINUATION OF CONSIDERATION OF REPORT ON TRAFFIC CONDITION AT THE LOS ALAMITOS RACE TRACK: The Assistant City Manager presented a report regarding this matter dated August 6 and reported that the two major areas of concern discussed at the meeting with officials of the Race Track and City of Los Alamitos related to parking and littering in the resi- dential areas near the Race Track and the great amount of traffic along Katella generated by the Track. The staff reported that the City of Los Alamitos has proposed a traffic signal interconnect system to ease the flow of traffic on Katella. The Cypress staff suggested that one of its new CETA employees be assigned as a traffic control officer to direct ingress and egress from the Race Track and enforce parking restrictions in residential areas of the City of h~s Alamitos. The staff stated they indicated to the City of Los Alamitos that businesses on Katella receive substan- tial income from Race Track patrons. It was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to receive and file the report and direct the staff to continue negotiations with the City of Los Alamitos and representatives of the Los Alamitos Race Track to resolve the traffic problems in the vicinity of the Race Track. CONTINUATION OF CONSIDERATION OF EMPLOYMENT OF A CONSULTING FIRM TO UNDERTAKE AN EIR IN CONJUNCTION WITH A GENERAL PLAN AMENDMENT FOR THE HARVEY PROPERTY: The Assistant Cit~ Manager presented a report dated August 8 from the Planning Director indicating that eleven consulting firms were con- tacted and eight submitted proposals for the EIR. Mayor Frankiewich announced this matter would be discussed in an Executive Session. -5- City Council Minutes August 11, 1975 EXECUTIVE SESSION: Mayor Frankiewich called an Executive Session at 7:50 p.m. for matters of personnel. The meeting was called back to order at 8:30 p.m with all Councilmen present except Councilwoman Sonju. Mayor Frankiewich announced that the City Council had selected four consulting firms to be interviewed for the preparation of the EIR and that the interviews would be conducted at the August 25 meeting. She announced that the four firms were: Envista, Inc., Chapman, Phillips, Brandt and Reddick, Ecos Management Criteria, and Governmental Pro- fessional Services. It was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to continue consideration of employment of a consulting firm for the preparation of an EIR for the Harvey property to the August 25 meeting for the purpose of conducting interviews with the four consulting firms. CONSIDERATION OF AUDIT FEES: The Assistant City Manager presented a report dated August 5 which indicated the City's auditor, Seaman and Jamieson, requested an increase in the City audit fee from $3,000 to $3,300. Councilman Kanel felt the increase appeared appropriate and moved to authorize a $300 per year increase in the audit fee of the firm of Seaman and Jamieson. The motion was seconded by Mayor Frankiewich and Unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Lacayo and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCIL~N: Sonju CONSIDERATION OF COLLEGE PARKING ENFORCEMENT PROGRAM: The Assistant City Manager presented a report dated August 5 from the Finance Director which outlined budget transfers and appropriations necessary to reinstitute the parking enforcement program at Cypress College. The report indi- cated the City will receive $6500 this year from the Junior College District to support the program. It was moved by CoUncilman Lacayo and seconded by Councilman Kanel to authorize the transfers detailed in the staff report dated August 5 in the amount of $17,476 and appropriate $679 to the accounts as shown. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Lacayo and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju CONSIDERATION OF CHANGE IN CITY COUNCIL MEETING TIME: The Assistant City Manager presented a report dated August 7 which transmitted an ordinance setting a 6:30 p.m. starting and ll:30 p.m. adjournment time for City Council meetings. Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: -6- City Council Minutes August 11, 1975 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-1 OF THE CYPRESS CITY CODE RELATING TO THE TIME OF REGULAR COUNCIL MEETINGS. It was moved by Councilman Lacayo and Kanel to approve the first reading of motion was unanimously carried by the seconded by Councilman the Ordinance. The following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Lacayo and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju CONSIDERATION OF PARTICIPATION IN VIETNAMESE REFUGEE RELOCA- TION PROGRAM: The Assistant City Manager presented a report regarding the program dated August 7. Mr. Gerald Martin, P. O. Box 2200, Pineville, Oregon, pres- ident of the Southern California Minority Capitol Corporation of Oregon, explained the Vietnamese refugee relocation program which attempted to find employment for Vietnamese refugees stationed at U.S. military camps. He reported that the original program of sponsorship of Vietnamese refugees was lagging and that Volags (volunteer agencies) at Camp Pendleton had funds available and were initiating a new program to find jobs or help refugees go into business for themselves. He reported that Federal grants were avail- able to cities and Volags for this program. Mr. Martin stated his organization was requesting cities to act as monitoring agencies for the funds which would be made avail- able to community fraternal or civic organizations such as the junior chamber of commerce, or churches which wish to participate. He stated the City's responsibility would not be financial but would be to help the refugees find housing, enroll in school and settle in the community° Mr. Martin answered questions regarding the operation and funding of the program. It was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to direct the City staff to meet with representatives of the Southern California Minority Capitol Corporation of Oregon to discuss the program and bring back a recommendation to the City Council for the August 25 meeting. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS #39229~ 39263~ 39293~ 39297-39361~ 39363 & 393~5- 39395: It was moved by Councilman Lacayo and seconded My Councilman Kanel to approve the Commercial Warrant List for Warrants #39229, 39263, 39293, and 39297 through 39350 in the total amount of $1,414,980.00; and the List for Warrants #39351 through 39361, 39363, and 39365 through 39395 in the total amount of $431,291.06. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Lac~yo and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: i COUNCILMEN: Sonju -7- City Council Minutes August ll, 1975 CONTINUATION OF CONSIDERATION OF REVIEW OF FEES AND CHARGES FOR USE OF THE CYPRESS COMMUNITY CENTER: The Recreation and Park Director summarized a report dated August 7 which indicated that community organizations interested in using the Community Center were notified that the review of fees would be considered at the August 11 Council meeting. He reported that the Recreation and Park Commission discussed the fee schedule at a special meeting on August 5 and unanimously moved to retain the present schedule of fees. Mr. Bryant reported that the Chamber of Commerce, Cypress Citizens' Association, Pony Colt League, Pop Warner League, and Cypress Senior Citizens' Club agreed to the existing fee schedule. Mayor Frankiewich indicated that several Cypress organizations felt the high fees reduced the profits received from fund raising activities and that the organizations were willing to pay a nominal fee for use of the Community Center. The Recreation and Park Director reported that he was setting up individual meetings with the community organizations and would present slides and discuss the fees and charges. It was moved by Councilman Kanel, seconded by Councilman Lacayo and unanimously carried to direct the Recreation and Park Director to meet with representatives of the community organizations interested in using the Community Center and bring back a recommendation regarding the fee schedule in 30 days. CONSIDERATION OF AUDIT FEES: The Assistant City Manager presented a report dated August 5 indicating the City's auditor, Seaman and Jamieson, were requesting an increase in the Recreation and Park District audit fee from $400 to $600. Mr. Robert Keil, representing Seaman and Jamieson, reported that their original fee was found to be inadequate for the services performed and that the higher increase in cost for the City audit over the District audit was due to the different types of City operations. It was moved by Councilman Lacayo and seconded by Councilman Kanel that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, authorize a $200 per year increase in the audit fee of the firm of Seaman and Jamieson. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL~N: Harvey, Kanel, Frankiewich NOES: 0 COUNCILMEN: None ABSENT: i COUNCILMEN: Sonju Lacayo and CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS #4488-4501~ 4503-4523~ 4525-4535 & 349-353: It was moved by Councilman L~cayo and seconded by Councilman Kanel to approve the Recreation and Park District Commercial Warrant List for Warrants #4488 through 4501, 349 through 353, 4503 through 4523, and 4525 through 4535 in the total amount of $1,553,230.17. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo and -8- City Council Minutes August 11, 1975 CONSIDERATION OF APPROPRIATION OF PARK BOND FUNDS: The Assistant City Manager presented a report from the Recreation and Park Director dated August ll requesting that a $500 appropriation of park bond funds be made for the purchase of ten bean bag chairs for the Community Center. It was moved by Councilman Kanel and seconded by Councilman Lacayo that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, appropriate $500 from the fund balance of the park bond funds for the purchase of ten bean bag chairs to be placed in the mezzanine reading room of the Community Center. The motion was unanimously carried by the following roll call vote: AYES NOES ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Kanel, Lacayo, and Frankiewich None Sonju CONSIDERATION OF STATUTORY REGIONAL COUNCILS: The Assistant City Manager reported on a Progress Report item regarding the State Transportation Board's proposal to establish statutory regional councils. He stated the State Transporta- tion Board would be holding a hearing to consider the creation of the regional councils and that it is staff's position that creation of such councils would be detrimental to local land use controls. He reported the staff felt that, with the creation of the regional councils, cities and other local governmental agencies would lose authority in making land use decisions. It was moved by Councilman Kanel and seconded by Mayor Frankiewich to oppose the establishment of statutory regional councils as proposed by the State Transportation Board. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Kanel NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju ABSTAINING: 1 COUNCILMEN: Lacayo and Frankiewich The Public Works Director reported that Mr. Harry Melcher, owner of property at 5232 Marcella Avenue, Cypress, had informed him that the nuisance abatement work on his home was completed with the boarding of the broken windows. The Public Works Director reported that a final inspection would be made and a report presented at the next Council meeting. Mayor Frankiewich asked that the staff investigate and place on the next agenda a matter regarding a possible public nuisance at Moody Street and Esther Street. ORAL COMMUNICATIONS: Mayor Frankiewich asked if anyone wished to address the Council at this time. Councilman Harvey reported that the City Manager had received a communication from the State League indicating that the author of SB 1183 wh~¢h"relates to race track admission tax intended to amend.the bill to exclude race tracks having a handle over $25 million per meeting. He asked if this bill would prohibit the City of Cypress from collecting the admission tax at Los Alamitos Race Track. -9- City Council Minutes August ll, 1975 The City Attorney advised that the City Council had opposed the original bill which restricted the admission tax to twenty-five cents and it was his understanding the bill was dead and did not get out of committee. tte felt the intent of the bill was to restrict a city's authority in levying the admission tax. Councilman Kanel stated the City Council had received notification that Captain Blixt would be leaving his command at the Los Alamitos Naval Air Station and the Council directed the staff to prepare for the next meeting a resolution of commendation for Captain Blixt. Councilman Kanel asked that a matter regarding a Youth Commission be placed on the August 25 agenda. EXECUTIVE SESSION: Mayor Frankiewich called an Executive Session at 9:50 p.m. for matters of litigation. The meeting was called back to order at 10:05 p.m. with all Councilmen present except Councilwoman Sonju. It was moved by Councilman Kanel, Seconded by Councilman Lacayo and unanimously carried to extend the deadline for applications for members of the citizens' committee to review the environmental impact report for the Harvey property and direct the staff to continue to advertise for persons wishing to serve on the committee. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to adjourn the meeting at 10:10 p.m. MAYOR OF~ THE CITY OF CYPRESS ATTEST: ~ITY CLERK DF ~t~ CITY OF CYPRESS -10-