Loading...
Minutes 66-06-13 INDEXED MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD June 13, 1966 The City Council held a regular meeting on June 13, 1966, ~ the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 3:00 p.m., Mayor Frank P. Noe presiding. PRESENT: Councilmen Bowen, Harvey, Kanel, McCarney, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Administrative Assistant Darrell Dalton, Public Works Director Arthur Schatzeder, Building Superintendent Tom Nudson, Secretary of the Planning Commission Goerge Putnam, and Police Chief George Savord. MINUTES: Following discussion, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously mrried, to approve the minutes of the meeting of May 23, 1966, as mailed with the following two corrections: On Page 14, Paragraph No. 1, the sentence concerning the $4,000 appropriation shuuld read as follows: "Councilman Harvey further stated that he feels the expenditure of $4,000 for the purchase of fly spray equipment, which would be of benefit to the entire community, would be more appropriate than expending it for a small group of little league individuals". On Page 15, in the next to the last paragraph, the word "Unanimously" should be deleted. The following roll call vote was taken on Coun~Rman Harvey's motion to approve the minutes with these corrections: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None OtL~L COMMUNICATIONS: Mr. Robert Galloway, 504 North Newport Boulevard, Newport Beach, addressed the Council, requesting an interpretation of the Optional Design Standards section of the City's Subdivision Ordinance, with reference to the possibi- lity of donating funds for park development in an optional design subdivision rather than dedication of land within the subdivision for park purposes. He also inquired if the park land dedicated in optional design subdivisions would necessarily have to be within the subdivision's boundaries. The City Attorney recommended that the City Council withhold any interpre- tation of the Subdivision Ordinance until a specific item is before the City Council. He suggested the possibility of. the City Council directing the staff to study the provisions of the Optional Design standards to determine if the various suggested alternatives are available u~der the existing provisions of the Ordinance. No further action was taken on this matter at this time. AWARD OF CONTRACT FOR PUBLICATION OF LEGAL ADVERTISEMENTS: A report dated June 9, 1966, was presentedlfrom the City Manager, reviewing the recent ruling of the State Attorney General that cities must advertise for bids for the publication of legal advertisements. The report further summarized the results of bids received on June 1, 1966, from fou~ local newspapers for publication of the City's legal advertisements, a copy of which is on file in the Office of the City Clerk. June 13, 1966 In answer to a question from the City Manager, the City Attorney advised that the Attorney General's ruling requires that the contract be issued for a period of one fiscal year, and in the event a newspaper business were to be established within the City during this time, the current contract would remain in force until the expiration of the fiscal year. He also advised that the City could cancel such a contract if the services were not performed in a satisfactory manner. Following brief discussion, it was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to determine that the bid proposal dated May 24, 1966, from the Anaheim Bulletin for the publication of legal notices, is the bwest and best bid and that the City utilize the Anaheim Bulletin for the legal publications required in the 1966-67 fiscal year. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None AWARD OF CONTRACT FOR DRAINAGE SYSTEM, REDWOOD HEADERS, AND CONCRETE WORK AT THE MOODY AND MYRA PARK SITE: A report dated June 10, 1966, was presented from the City Manager, outlining the results of bids for the earthwalks, redwood headers, P.C.C. curbing around the play areas, and complete drainage system for the Moody and Myra Park site, which were recieved on June 10, 1966. The following i~ a sunLmary of the bids received: 1. Silveri Construction Company $ 3,630.00 1241 Lakeview La Habra, California 2. R.W. McClellan & Sons 7,442.00 151 Commercial Way Costa Mesa, California 3. Rewers Associates 9,745.00 7889 Cerritos Avenue Stanton, California 4. ShawnCompany 6,754.00 15282 Orangethorpe Avenue Placentia, Ca]dfornia In answer to a question from Councilman Harvey, the Public Works Director indicated that the difference in the bid amounts was possibly due to a misinterpretation by the bidders of the work required in installing the earthwalks. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to determine that the lowest and best bid ms submitted by the Silveri Construction Company for the installation of complete drainage system, earthwalks, and redwood headers for the Moody and Myra Park Site, and to award the contract to the Silveri Construction Company, 1241 Lakeview, La Habra, California, pursuant to the proposal dated June 4, 1966, in the amount of $3,630.00. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None AWARD OF CONTRACT FOR SOIL ADDITIVES AND TURFING AT MOODY AND MYRA PARK SITE: A report dated June 10, 1966, was presented from the City Manager, outlining the results of bids received on June 10, 1966, for soil addi- tives and turfing at the Moodyard Myra Park site. The following is a summary of the bids received: Rewers Associates 7889 Cerritos Avenue Stanton, California $ 7,600.56 Shawn Company 15282 Orangethorpe Avenue Placentia, California 3,040.22 June 13, 1966 Following discussion, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to determine that the lowest and best bid for the installation of soil additives and turf at the Moody and Myra Park site was submitted by the Shawn Company, and to award the contract pursuant to the proposal dated June 10, 1966, in the amount of $3,040.22 to the Shawn Company, 15282 Orangethorpe Avenue, Placentia, California. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to proceed to Item No. 9 on the agenda at this time, since Items No. 4 through 8 are Public Hearings scheduled for 7:30 p.m. COMMUNICATION FROM UNITED NATIONS ASSOCIATION RE: PROCLAMATION OF UNITED NATIONS DAY: The City Manager presented a com~nunication dated May 16, 1966, from Mr. Edgar F. Kaiser~ National Chairman of United Nations Day, requesting that October 24, 1966, be proclaimed as United Nations Day, and also suggesting that a United Nations Day Chairman and Committee be appointed for the City. Following discussion, it was moved by Councilman McCarney, seconded by Councilman Kanel, and carried, to receive and file the communication and authorize the Mayor to issue a proclamation at a future date, proclaiming October 24, 1966, as United Nations Day. The following roll call vote was taken: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEN: Harvey, Kanel, McCarney, and Noe COUNCILMEN: Bowen COUNCILMEN: None COMMUNICATION FROM JANICE BOER RE: HARBOR DISTRICT DE-ANNEXATION: The City Manager presented a communication dated~May 17, 1966, from Mrs. Janice Boer, 912 Lowell, Santa Ana, inviting the City to participate in a hearing to be held regarding the de-annexation of property owned by her from the Orange County Harbor District. The communication not having been received for consideration by the Council prior to the subject hearing, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to receive and file Mrs. Boer's letter. COMMUNICATION FROM CITY ATTORNEY RE: PENDING LITIGATION: The City Manager presented a connnunication dated May 17, 1966, from City Attorney James Erickson, outlining the status of pending litigation in the City~. City Attorney James Erickson requested that this matter, as well as Item No. 13 on the agenda concerning the Anti-Trust Litigation, be considered in executive session. A motion was made by Councilman Kanel to adjourn to executive session with the City Manager and City Attorney to discuss~Items No.ll and 13 on the agenda. Following further discussion, Councilman Kane] withdrew his motion. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to continue these matters until later in the meeting. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT TRANSMITTING MINUTES eF MAY 1966 MEETING: The City Manager presented a communication dated May 20, 1966, from Mr. Jack Kimball, District Manager of the Orange County Mosquito Abatement District, transmitting a copy of the minutes of the District Meeting of May 1966. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, this conmunication be received and filed. 219 June 13, 1966 COMMUNICATION FROM FEDERATION FOR COMMUNITY AFFAIRS RE: APPOINTMENT OF STUDY COMMITTEE ON FIRE PROTECTION: The City Manager advised that a member of the Federation for Community Affairs would be present at the evening portion of the meeting to present this communication to the City Council. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to continue this matter until the evening portion of the meeting. COMMUNICATION FROM CYPRESS CHAMBER OF COMMERCE: "COLLEGE DISTRICT" ZONING: The City Manager presented a communication dated June 2, 1966, from Mr. Jack Leneker, acting President of the Cypress Chamber of Commerce, suggesting that consideration be given to rezoning the area north of the Cypress Junior College on the south side of Lincoln between Valley View and Holder to a "College District" zoning. The City Manager advised that the Planning Commission has scheduled a discussion of the zoning adjacent to the Cypress Junbr College at the next Planning Commission meeting. Following discussion, it was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to refer this communication to the Planning Commission for further study and recommendation. COMMUNICATION FROM 29th DISTRICT OF AMERICAN LEGION RE: PRESENTATION OF AMERICAN FLAG AT CIVIC CENTER DEDICATION: The City Manager presented a communication dated June 14, 1966, from Captain Harold Van Nest on behalf of the 29th District of the American Legion; requesting that the City Council allow the American Flag for the Civic Center to be obtained by the local American Legion Post No. 295 and presented at the dedication ceremonies by the 29th District Drill and Rifle team. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to grant this request and instruct the City Manager to notify the 29th District of the American Legion and Post No. 295, of the City Council's acceptance of the flag and the presentation by the Drill and Rifle mam. COMMUNICATION FROM ALBERT SYKES RE: WAIVER OF CONDITIONS FOR DEVELOPMENT OF COMMERCIAL SITE AT~LLEY VIEW AND ORANGE: The City Manager presented a connnunication dated June 6, 1966, from Mr. Albert C. Sykes, requesting the waiver of certain conditions required in the development of the property located on the southwest corner of Valley View and Orange Avenue until such time as the entire seven-acre parcel is developed. In accordance with the Subdivision Ordinance, the City has requested that all public improvements be constructed, including the curb, gutter,sidewalk, and paving for the entire length of the property on both Orange Avenue and Valley View, and in addition, a total of $5,132.15 is required for drainage, street tree, and street light energizing charges. Mr. Sykes is objecting to the payment of all fees and the construction of al~ improvements at this time since only a service statimis proposed to be constructed at the present time. The Subdivision Ordinance does provide that the City Council may determine that certain of ~e improve- ments are unnecessary for the public welfare, safety, and health. The City Manager advised that the actual installation of the curb, gutters, and sidewalks could be delayed until such time as the proposed high school site is developed to the south of the property or until additional development takes place on the subject property; however, the paving on both Orange and Valley View is needed at this time to prevent a serious traffic problem at the intersection of Valley View and Orange. The Public Works Director outlined the subject area on the map, and in answer to a question from Councilman Harvey, reviewed the need for the additional traffic lanes on Orange and Valley View. June 13, 1966 Mr. A1 Sykes, 15756 Woodruff, Bellflower, addressed the Council, reviewing the costs involved for the installation of the total improvements at this time, and stated that unless a waiver is obtained on certain of these requirements, the service station will probably not be ~nstructed at this time. Councilman Kanel and Harvey indicated they concurred with the staff's recommendation that the additional lane of paving on Orange and Valley View be installed at this time, with the developer being allowed to post a bond for the remaining improvements. Following further discussion, it was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to determine that upon development of the proposed service station on the subject property, the developer must install the full improvements on the site of the service station, pave an additional lane on Valley View and on Orange, pay the required fees, and dedicate the ultimate right-of-way for the entire parcel; and in addition, the developer shall post a bond to guarantee the installation of the balance of the curbs, gutters, sidewalks, and paving at such time as either additional construction takes place on the subject property or construction takes place on the high school property located directly south of the subject property, whichever occurs first, but in any event, the remaining improvements shall be constructed within two years. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None CONSIDERATION OF TENTATIVE TRACT MAP NO. 5957 (STARDUST LANDSt INC.): The City Manager presented Tentative Tract Map No. 5957, generally located at the southwest corner of Walker and Orange, 132 R-I lots, 29.2 acres, as requested by Stardust Lands Inc., 1665 South Brookhurst, Anaheim, Califor~ia. Planning Commission Secretary George Putnam outlined the proposed tract map, stating that the Planning Commission had recommended approval of the map subject to 19 conditions. Mr. Richard Owen, Secretary Treasurer of Stardust Lands., applicant, addressed the Council, stating that he agreed with the conditions recom- mended by the Planning Commission. Mr. Owen also spoke concerning the desirability of allowing 5,000 square foot lots in this subdivision, and distributed for Council information, brochures indicating the types of homes built by Stardust Lands, Inc., in an adjacent city on 5,000 square foot lots. COUNCILMAN HARVEY REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIDMAT 4:26 P.M. In answer to a question from Councilman Bowen concerning the square footage and type of proposed homes to be built in this subdivision, Mr. Owen stated' that he would be happy to stipulate that the houses would meet a certain square footage requirement. The City Attorney advised, however, that such a requirement could not be imposed by the City. Further discussion ensued concerning whether the tract would ultimately be developed by Stardust Lands Inc. Mr. Owen indicated he did not wish to make any commitments concerning this matter. In answer to a question from Councilman Kanel with reference to the use of funds donated for park purposes, the City Manager stated it was contemplated that such funds from the proposed tract would be utilized at the Community Sports Center. COuncilman Kanel suggested the possibi- lity of allocating these funds for development of a park site in the vicinity of Moody and Orange, since no facilities are presently available at this location. Mr. Richard Owen again addressed the Council, stating that his Company would like to see such funds used in the immediate future to stimulate the development of the Community Sports Center. June 13, 1966 CounMlman Kanel suggested the possibility of continuing this matter until the evening portion,of the meeting, since one of the Councilmen was not present to vote on this item. A motion was made by Councilman McCarney to continue consideration of this matter until the evening portion of the meeting, however, upon being advised by Mayor Noe that Councilman Harvey had indicated he was in favor of this tract map, Councilman McCarney withdrew his motion. Following further discussion concerning the acquisition of park land or the donation of funds for park purposes in this optional design subdivision, it was moved by Councilman McCarney, seconded by Councilman Kanel, and carried, to approve Tentative Tract Map No. 5957, subject to the following conditions: Walker and Orange Streets shall be dedicated and fully improved in accordance with the General Plan for the City of Cypress. Drainage fees shall be paid in accordance with the Master Plan of Drainage. A six-foot (6') high block wall shall be constructed along Walker Street, the full south tract boundary from Tract 5223 to Walker Street, and along the boundary of all the C-O zoning adjacent to the proposed single family uses. Orange Avenue parkways shall be planted in accordance with the Bark and Parkway Policy of the City of Cypress. A sprinkler system shall be provided, the design and location shall be approved ~ the City Engineer. 5. Dr~nage shall be solved to the satisfaction of the City Engineer. $ Access rights along all single-family lots backing up or siding on Walker Street shall be dedicated to the City of Cypress. All interior streets shall be fully improved and dedicated to the City. 8. Street light energy charges shall be paid. 9. Street tree fees shall be paid. 10. All interior tree wells shall be bricked in. 1. The street trees on the interior streets shall be of a fifteen (15) gallon size. The street tree fees shall reflect the fifteen gallon size. 12. All 56 foot and 60 foot streets shall have 40 feet of paving curb to curb. All 47 foot streets shall be improved as indicated by Tentative Tract No. 5957. 14;. A three foot (3') parkway easement shall be granted to the City immediately behind the sidewalks on all 47 foot streets, excepting this three foot parkway shall not be more than eight feet from the curb line. 15. 16. Tbe centerline of "A" Circle and Hanford Drive shall be at right angles. Street lights and fire hydrants shall be located back of sidewalks where sidewalks are adjacent to curbs. The developer shall either acquire park land as approved by the City, with the land area being equivalent to 6% of the gross area of the residential area of the Tract, or donate funds equivalent to 6% of the value of the gross residential area of the tract. June 13, 1966 18. All homes shall be constructed with a 20 foot rear yard unless otherwise approved by the City Staff. 19. If funds are collected the use of such funds shall be limited to the improvement of existing park sites in the immediate neighborhood of the subdivision. The following roll call vote was taken: AYES: 3 COUNCILMEN: Kanel, McCarney, and Noe NOES: 1 COUNCILMEN: Bowen ABSENT: I COUNCILNEN: Harvey A motion was made by Councilman Kanel to reconsider this matter at the evening portion of the meeting since the vote was not unanimous and one of the Councilmen was absent; however, the motion died for lack of a second. RECESS: It was moved by Councihnan McCarney, seconded by Councilman Kanel, and unanimously carried, to declare a recess at 4:42 p.m.~ The ~ayor called the meeting back to order at 4:48 p.m., all Councilmen being present with the exception of Councilman Harvey. REPORT FROM PUBLIC WORKS DIRECTOR RE: FUNDS FOR KATELLA AVENUE IMPROVEMENTS: The City Manager presented a report dated June 8, 1966, from the Public Works Director, stating that the reconstruction of Katella Avenue is eligible for State participation under the Federal Aid Secondary Urban Extension Program, and recommending adoption of a Resolution requesting the allocation of State funds for this purpose, If approved by the State, the funds would be available during the 1967-68 fiscal year. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to adopt the following Resolution, title as follows: RESOLUTION NO. 701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE DEPARTMENT OF PUBLIC WORKS TO RECOMMEND AND THE CALIFORNIA HIGHWAY COMMISSION TO ALLOCATE FUNDS UNDER THE PROVISIONS OF SECTION 143.3 OF THE STREETS AND HIGHWAYS CODE FOR THE IMPROVEMENT OF KATELLA AVENUE FROM KNOTT STREET TO 2668 FEET WEST OF VALLEY VIEW STREET, HEREINAFTER REFERRED TO AS PROJECT The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Kanel, McCarney, and Noe None Harvey AGREEMENT WITH PACIFIC TELEPHONE COMPANY RE: UNDERGROUNDING OF TELEPHONE CONDUIT ADJACENT TO CIVIC CENTER SITE: A report dated June 10, 1966, was presented from the City Manager outlining various alternatives available to the City with reference to the relocation of the telephone conduit on the north side of Orange Avenue adjacent to the Civic Center site. The City Manager recommended that the conduit be placed underground, which would add to the beautification of the Civic Center and further that a Reimbursement Agreement be approved by the City Council which would provide for the City to pay for the cost of the undergrounding of the telephone conduit over a five-year period. The Agreement further provides that if the Public Utilities Counission issues a ruling allowing the Telephone Company to pay these costs, the City would be refunded the amounts expended for this project. June 13, 1966 It was moved by Councilman HcCaruey, seconded by Councilman Bowen, and unanimously carried, to approve the proposed Agreement outlined by the City Manager between the City of Cypress and the Pacific Telephone and Telegraph Company and authorize the Hayor to sign and City Clerk to attest the Agreement. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Kanel, McCarney, and Noe None Harvey AUTHORIZATION FOR TEMPORARY STREET CLOSING--ORANGE AND JUANITA: The City M~nager presented a report dated June 8, 1966, from the Public Works Director, stating that the Contractor for the Cypress Junior College has requested permission to close portions of Orange Avenue and Juanits Street for approximately 30 days to allow for the construction of the storm drain under the Pacific Electric railroad tracks and the trunk sewer in Orange Avenue. Following brief discussion, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to authorize the closing of Orange Avenue to through traffic between Valley View and Holder and the closing of Juanits Street to through traffic from Ball Road to Orange Avenue, for approximately 30 days between June 27 and September 27, 1966, and further to request the contractor to post notices on the effected streets concerning the closing dates. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Kanel, McCaruey, and Noe None Harvey EXONERATION OF BONDS FOR TRACT NO. 4966 AND 4421: The City Attorney suggested that the report from the City Manager concerning the exoneration of the Bonds for Tracts No. 4966 and 4421 be considered in executive session, along with Items No. 11 and 13 on the agenda. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to continue consideration of this matter until an executive session can be held during the evening portion of the meeting. AGREEMENT BETWEEN CITY OF CYPRESS AND CITY OF LOS ALAMITOS RE: INSTALLA- /.ION OF TRAFFIC SIGNAL AT BLOOMFIELD AND CEREITOS: The City Manager presented a report dated June 8, 1966, from the Public Works Director, outlining the terms of a proposed Agreement between the City of Cypress and the City of Los Alamttos for the installation of traffic signals and safety intersection lighting at the intersection of Bloomfield and Cerritos. The agreement provides for the City to share in one-fourth of the costs of the project. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to approve the Agreement between the City of Los Alamitos and the City of Cypress for the installation of a traffic signal and safety intersection lighting at the intersection of Bloomfield and Cerritos and authorize the MayOr to sign and City Clerk to attest said Agreement upon approval as to form by the City Attorney. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Kanel, McCarney, and Noe None Harvey It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to approve the Plans and Specifications for the installation of a traffic signal and safety intersection lighting at the intersection of Bloomfield and Cerritos. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Kanel, McCarney, and Noe None Harvey June 13, 1966 It was moved by Councilman McCarney, ~econded by Councilman Bowen, and unanimously carried, to authorize the City Clerk to sign the right-of- way certification for the construction and installation of a traffic signal and safety intersection lighting at the intersection of Bloomfield and Cerritos on behalf of the City of Cypress. The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Bowen, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey GAS TAX BUDGET FOR TRAFFIC SIGNAL AT VALLEY VIEW AND ORANGE: The City Manager presented a report dated June8, 1966, from the Public Works Director, outlining the need to adopt a revised budget for the expendi- ture of funds allocated from the State Highway fund tocities. The revision is required in order to allocate gas tax funds for the relocation of the span wire signal at Valley View and Orange to the intersection of Orange and Walker. It was moved by Councilman McCarney, seconded by CouncRman Kanel, and unanimously carried, to adopt the following Resolution, title as follows: RESOLUTION NO. 702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING AND SUBMITTING A REVISED BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES (BUDGET NO. 2) The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Bowen, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR TRAFFIC SIGNAL AT VALLEY VIEW AND ORAi~GE & RELOCATION OF SPAN WIRE SIGNAL AT WALKER AND ORANGE: It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to consider a report concerning the subject traffic signals at this time. The City Manager presented a report dated June 8, 1966, from the Public Works Director, recommending approval of the Plans and Specifications for the installation of a traffic signal at Valley View Street and Orange Avenue and the relocation of the existing span wire signal at Valley View and Orange to the intersection of Orange and Walker. Following discussion concerning th~ matter, it was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to approve the subject Plans and Specifications and authorize the City Clerk to advertise for bids, with the bid opening date to be specified after receiving final State approval of this project. The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Bowen, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey CERTIFICATION OF EMPLOYMENT LIST FOR PRINCIPAL ENGINEERING AIDE: A report dated June 6, 1966, was presented from the City Manager, outlining the results of an examination conducted for the position of Principal Engineering Aide. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to certify the employment list for Principal Engineer- ing Aide as submitted. APPROVAL OF PAYROLL WARRANT LIST~ WARRANTS NO. 14322 THROUGH 14382: It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to approve the Payroll Warrant List for Warrants No. 14322 through 14382, for the period ending May 26, 1966, in the total amount of $14,700.33. June 13, 1966 The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Bowen, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO. 14319 THROUGH 14321 AND 14383 THROUGH 14454: It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to approve the Commercial Warrant List, Warrants No. 14319 through 14321 and 14383 through 14454 in the total amount of $144,811.02. The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Bowen, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey SECOND READING ORDINANCE ~gENDING SECTION 25-23 OF THE CITY CODE RE: DRAINAGE FEES: It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to continue consideration of this Ordinance until the evening portion of the meeting. TIME AND PLACE OF CITY COUNCIL MEETING: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to consider the matter of the time and place of City Council meetings at the evening portion of the City Council meeting. AGREEMENT BETWEEN SOUTHERN PACIFIC COMPANY AND CITY OF CYPRESS RE: CROSSING PROTECTION DEVICES AT VALLEY VIEW AND THE PACIFIC ELECTRIC P~ILWAY: At the request of the City Manager, it was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to consider a report concerning a proposed Agreement with the Southern Pacific Company. The City Manager presented a report dated June 13, 1966, from the Public Works Director, summarizing a proposed Agreement between the Southern Pacific Company and the City concerning the sharing of costs for the installation and maintenance of the c~ossing protection devices at Valley View and the Pacific Electric Railroad crossing. The Agreement also provides for the g~anting of the required roadway easements by the Southern Pacific Company. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to approve the Agreement between the City and the Southern Pacific Company and authorize the Mayor to sign and City Clerk to attest the Agreement upon approval m to form by the City Attorney. RECESS: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to declare a recess at 5:16 p.m. until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m., with the follow- ing in attendance: PRESENT: Councilmen Bowen, Harvey, Kanel, McCarney, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Public Works Director Arthur Schatzeder, Administrative Assistant Darrell Dalton, Building Superintendent Tom Nudson, Police Chief George Savord, and Planning Commission Secretary GeorMe Putnam. The City Manager reviewed the actions taken by the City Council at the 3:00 p.m. se~on of the meeting. June 13, 1966 CONTINUATION OF PUBLIC HEARING RE: SPECIAL PERMIT TO ALLOW DANCING AT TH"~ UNICORN RESTAURANT: The Mayor announced this was the time and place for the continuation of the Public Hearing to consider an application for Special Permit to allow dancing by the patrons at the Unicorn Restaurant, 5960 Cerritos Avenue, Cypress, as requested by Allan Roberts, 3251 Mainway Street, Los Alamitos, California. The Mayor declared the Public Hearing open and requested the City Manager to present his report. The City Manager presented a report dated June 10, 1966, a copy of which is on file in the Office of the City Clerk, reviewing the proceedings on this application at the last City Council meeting, and clarifying various statements made by the applicant at that time. Police Chief George Savord presented a report dated June 6, 1966, a copylof which is on file in the Office of the City Clerk, outlining the results of the Police Department's background check concerning the applicant and his employees, and listing a chronological record of Police Department activity relating to the Unicorn Restaurant during the past three years. The Mayor asked if anyone in the audience wished to speak for or against the request for Special Permit. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. Councilman Kanel stated that he feels many ~ the incidents referred to in the Police Department report are cormnon occurrences at on-sale liquor establishments, and further stated that applicant Allan Roberrs had indicated in a newspaper article that he was sorry for any misunder- standing that resulted from his statements at the last City Council meeting. Councilman Harvey expressed his concern over the effect of the adverse publicity resulting from the remarks made by Mr. Roberrs at the last City Council meeting and further stated that the consideration before the City Council at this time is a determination as to whether the granting of a Special Permit to allow dancing at the Unicorn Restaurant would contribute to the general welfare of the public. Councilman Kanel indicated that he felt Mr. Robert's remarks at the last City Council meeting were badly misinterpreted by the newspaper. Following further discussion, it was moved by Councilman McCarney and seconded by Councilman Kanel to approve the Special Permit to allow dancing by the patrons at the Unicorn Restaurant, 5960 Cerritos Avenue, Cypress, as requested by Allan Roberrs, Prior to voting on this motion, further discussion was held. In answer to~arious inquiries from the City Council, the City Manager advised that if granted, the permit would be for a one year period of time, and the applicant would be required to comply with all require- ments of the Building Code. Following further discussion concerning the possiblity of adding any desired conditions to approval of the permit, the motion was carried by the following roll call vote: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEN: Harvey, Kanel, McCarney, and Noe COUNCILMEN: Bowen COUNCILMEN: None Coundman Bowen stated he voted against this as he feels dancing at this establiSb-ment would not comport with the general welfare of the public. PUBLIC HEARING RE: LIVE ENTERTAINMENT PERMIT AT THE BODY SHOP: The Mayor announced this was the time and place for the Public Hearing to consider an application for Live Entertainment Permit to permit a three or four piece band and to allow dancing by the employees at the Body Shop, 4612 Lincoln Avenue, Cypress, California, as requested by Kenneth E. Gunderson. June 13, 1966 June 13, 1966 The Mayor declared the Publ~z Hearing open and requested the City Manager to present his report concerning this matter. The City Manager presented a report dated June I0, 1966, outlining the provisions of the City Code relating to live entertainment which states that the City Coun~ may issue or deny the permit upon a determination as to whether or not ~e operation of the trade, occupation, or business by the applicant and the live entertainment will comport with the peace, health, safety, convenience, good morals, and general welfare of the public. Police Chief George Savord presented a report dated June 6, 1966, a copy of which is on file in the Office of the City Clerk, outlining the nature of the live entertainment requested and reviewing the results of the background check conducted by the Police Department of the applicant and all employees. Chief Savord stated that the Police Department had answered 94 calls relating to the Body Shop since October 1964, three of which occurred over the past weekend. The Police Chief indicated that although the applicant has a good reputation, he woutd question the adverse effects which would result from approval of the requested live entertainment permit. The Mayor asked if anyone in the audience wished to speak for or against the subject application. Mr. Myron Plum, one of the owners of the Body Shop, addressed the Council, stating that he and Mr. Gunderson intend to operate a legitimate business, and requested that the City Council not penalize them for the faulty operations of the previous owners of the Body Shop. In answer to a question from Councilman Bowen, Mr. Kenneth Gunderson, 6110 Seville Avenue, Huntington Park, applicant, addressed the Council, stating that he had acquired the Body Shop on April 8, 1966. Mr. L. J. McBride, representing the CypresB~ Chamber of Conm~erce, addressed the Council, stating that he is neither for or against the live enter- tainment permit, but would like to state that in a recent visit to the Body Shop he found the business was conducted in a very orderly manner. At the request of the Council, the Police Chief read the chronological listing of calls received by the Police Department since the acquisition of the Body Shop by Mr. Gunderson. Discussion ensued concerning the various police calls received during this time period, with Mr. Gunderson stating that many of the calls were made at his request. In answer to a question from Councilman Bowen, the Police Chief indicated that no specific studies relating to bars with "go-go" dancing in relation to crimes committed had been completed, however, police experience would indicate a substantial relationship. Mr. Gunderson addressed the Council, stating that a "go-go" bar is one that hires girls specifically for dancing, and emphasized that his employees do not have to dance unless they so desire. He stated that he is applying for the entertainment permit so that the girls may legally dance without being cited by the Police Department. Mr. Gunderson further made references to the repairs he has made to the building and the compliments he has received concerning the cleanliness of the operation. Councilman Kanel inquired concerning the possiblity of further study concerning this matter by the staff; however, the City Attorney advised the Council of the provision of the Code regarding the granting or denial of live entertainment permits, with reference to the fact that the staff is not to make a recommendation regarding the granting or denial of a permit, but merely is to report the facts on the matter to the Council, which must make the final determination. Councilman Kanel expressed his concern over not having heard any opinion concerning this matter from the public. ........ Junel3~ 1966 Mr. Richard Parker, 4662 Ashbury, Cypress, addressed the Council, stating that he is opposed to the granting of such a live entertainment permit, stating that he feels it will set a precedent for the granting of other similar requests. In answer to an inquiry from Councilman Kanel, Mr. 1. J. McBride addressed the Council, stating that the application before the City Council had not been formally discussed by the Cypress Chamber of Commerce, and his previous statements were not made in favor of or opposed to the applica- tion. He emphasized that he merely wanted the City Council to know that the operation was being conducted in an orderly manner. Mr. McBride also stated he feels the City should allow the Body Shop to be operated on a competitive basis. Mr. Chester Gutzman, 10251 Noel Street, Cypress, addressed the Council, asking if the City Code required that a Special Officer be on the premises if live entertainment is permitted. The City Attorney advised that this was not specifically required; however, the City Council is authorized to impose any conditions desired upon the permit, if granted. Mr. Gutzman stated that he w~uld be in favor of granting the permit if a Special Officer were required, thereby eliminating some of the police problems which may arise. With reference to this matter, and in answer to a question from Councilman Kanel, the City Manager stated that such a Special Officer could not be an of~-duty Cypress Police Officer. There being no further oral protests and no written communications, the Mayor declared the Public Hearing closed. Councilman Harvey stated that he would like to commend Mr. Gunderson for the attempts he is making to up-grade the Body Shop operation; however, he is opposed to his request for dancing by the employees. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to deny the Live Entertainment Permit for a three or four piece band and dancing by the employees at the Body Shop, 4612 Lincoln Avenue, Cypress. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None PUBLIC HEARING RE: MODIFICATION OF CONDITIONAL USE PERMIT NO. C-193 (CYPRESS PLANNING COMMISSION): The Mayor announced this was the time and place for the Public Hearing to consider a modification of the condi- tions of Conditional Use Permit No. C-193, an optional design subdivision, generally located at the northeast corner of Ball Road and Walker Street, initiated by the Cypress Planning Commission, known as Modification of Conditional Use Permit No. C-193. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager stated that the affidavits of mailing and publication of the Notice of Public Hearing were on file in the Office of the City Clerk and no written communications concerning the matter had been received. Secretary of the Planning Commission George Putnam reviewed Conditional Use Permit No. C-193, which allows an optional design subdivision located ~ the northeast corner of Ball Road and Walker Street, with particular reference to the condition requiring the dedication of land to the City for park purposes. In the City Council approval of the Tentative Tract Map for this subdivision, the condition regarding the dedication of land for a park was changed; consequently, the City Attorney has advised that the conditions of Conditional Use Permit No. C-193 should be modified to conform with the tract map approval. For this reason, the Planning Commission has recommended that Condition No. 2 of Conditional Use Permit No. C-193 be modified to read as follows: The developer will dedicate a total of 2 acres for park purposes and will provide all street dedications and improvements." June 13, 1966 The Mayor asked if anyone in the audience wished to speak for or against the subject Modification. Mr. Robert Galloway, 504 North Newport Blvd., Newport Beach, addressed the Council on behalf of the property owner in the subject area, stating that he is in agreement with the condition as modified. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to concur with the recommendation of the Planning Conunission, and approve Modification of Conditional Use Permit No. C-193 with Condition No. 2 to read as follows: The developer will dedicate a total of two acres for park purposes and will provide all street dedications and improvements." The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, .and Noe COUNCILMEN: None COUNCILMEN: None PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-194 (PETER D. GORZEMAN): The Mayor announced this was the time and place for the Public Hearing to consider an application for Conditional Use Permit to allow the construction of model homes for Tract No. 6194 on property generally located at the northeast corner of Walker Street and Ball Road, requested by Peter D. Gorzeman, 9922 Walker Street, Cypress, California (Robert M. Galloway, 504 North Newport Blvd., Newport Beach, California, authorized agent), known as Conditional Use Permit No. C-194. The Mayor declared the Public Hearing open and requested the staff to present its reports concerning the subject matter. The City Manager reported that the affidavits of publication and mailing of the Notices of the Public Hearing were on file in the office of the City Clerk, and no written communications ~d been received in favor of or opposed to the application. Secretary of the Planning Commission George Putnam presented Planning Commission Resolution No. 325, recommending approval of the Conditional Use Permit which will allow the construction of model homes for Tract No. 6194. The Mayor asked if anyone in the audience wished to speak for or against the subject application. Mr. Robert Galloway, authorized agent for the applicant~ addressed the Council, stating that he is in agreement with the conditions reconmended by the Planning Commission. Mr. L. J. McBride, Cypress Chamber of Commerce, addressed the Council, stating that the Chamber had worked to keep the subject area open for commercial development; however, upon being advised that the subject model homes would not be located on the corner of Walker and Ball, Mr. McBride stated he was not opposed to the application. Mr. Mark Gumbiner, 3021Kallin, Long Beach, realtor for the subject property, addressed the Council, stating that commercial uses will be developed at Ball and Walker. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. Upon being advised by the City Manager that a further consideration in this matter had Just been brought to his attention by the Public Works Director, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to re-open the Public Hearing concerning this Conditional Use Permit. June 13, 1966 Public Works Director Art Schatzeder stated that it has Just come to his attention that the Yalster Plan of Highways indicated that Graham Street is to be a 64-foot street; however, Tentative Tract Map No. 6194 was approved with Graham Street being a 60-foot street· Further discussion ensued concerning this matter, with applicant Robert Galloway!stating that plans have been prepared on the basis of a 60-foot street, which had been approved by the City. In answer to a question from the City Attorney, Hr. Galloway stated that the proposed model homes are located in accordance with the Tentative Tract Map which has been approved, and the final map is now ready for submission to the City for approval· The City Attorney then advised that the City is con~nitted to a 60-foot street in this location since it had been approved on the Tentative Tract Hap. The only way the street could revert to a 64-foot street would be to change the conditions of the Tentative Tract Map, with the approval of the subdivider. Mrs. Bernice Broom, 1134 West Greendale, West Covina, addressed the Council, stating that at the time the Haster Plan for the City was being considered, the Planning Consultant for the City had stated that the Haster Plan was flexible· The City Hanager advised that the driving conditions would not be hampered by allowing a 60-foot street because the extra width is only for the parkway. There being no further evidence to be presented, the Hayor declared the Public Hearing closed, It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to approve Conditional Use Permit No. C-194 subject to the following conditions: That full improvements be installed on Ball Road to the center- line of Graham Street· A bond shall be posted with the City of Cypress guaranteeing removal of the dwellings and improvements. The bond amount shall be established by the City Staff· All sliding glass doors which are placed on garages shall be removed prior to the release of the bond. The ultimate utilities shall be installed in Ball Road prior to paving. The developer shall provide a sewer lateral to the property line for the sales office. This permit shall be granted for a two year time limit. The time limit may be extended by the Planning Commission upon request of the developer. The parking area, as indicated on the plan, shall be of asphaltic concrete, striped and maintained. The Planning Commission may shorten the time limit on the Conditional Use Permit if the sales area and model site is not used for a period of 120 days. Drainage fees shall be paid on that portion of the model site not included in Tract 6194. 10. Drainage to be solved to the satisfaction of the City Engineer. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None June 13, 1966 RECESS: The Mayor declared a recess at the hour of 9:28 p.m. The Mayor called the meeting back to order at 9:38 p.m., all City Councilmen being present. PUBLIC HEARING RE: ADOPTION OF REVISIONS TO PERSONNEL SECTIONS OF THE CITY CODE AND RESOLUTION NO. 379 RE: PERSONNEL RULES AND REGULATIONS: The Mayor announced this was the time and place for the Public Hearing to consider the adoption of an Ordinance amending the Personnel sections of Chapter 18 of the Cypress City Code and the adoption of an amendment to Resolution No. 379 concerning personnel rules and regulations for the City. The Mayor declared the Public Hearing open and requested the City Manager to present his report. The City Manager stated that the affidavits of public hearing and posting of the Notices of the Public Hearing were on file in the Office of the City Clerk and no written communications for or against this matter had been received. He further presented a report dated May 19, 1966, outlining proposed amendments to the Personnel Chapter of the City Code and in the Res6lutions establishing the rules and regulations for the administration of the personnel system and providing for the basic compensation plan for City employees, with Inrticular reference to compensation for overtime. The Mayor asked if anyone in the audience wished to speak for or against the subject changes in the City's Personnel system. No oral communica- tions were presented at this time. Councilmen Bowen stated that he had reviewed the proposed changes and was in favor of all recommendations, except he felt the probation period should be one year for all employees. With reference to this matter, the City Manager explained the difference between the probationary times of Police employees and all other City personnel. Further discussion was held concerning the proposed Ordinance amendment concerning the non-discriminatory clause, which is now more comprehensive, and concerning the holidays allowed for City employees. Mr. Richard Parker, 4662 Ashbury, Cypress, addressed the Council, inquiring as to why City employees are granted a holiday for State election days. The City Manager advised that this is a provision of the State Government Code. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, CHAPTER 18, ENTITLED "PERSONNEL" It was moved by Councilman Kanel, seconded by Councilmen McCarney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 CONNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarneys and Noe None None It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 703 A RESOLUTION OF THE CITY COUNCIL OF TRE CITY OF CYPRESS ESTABLISHING RULES AND REGULATIONS PRESCRIBING METHODS OF EMPLOYMENT, FUNCTION OF THE CITY COUNCIL, ATTENDANCE AND LEAVES, TRANSFER AND PROMOTION OF EMPLOYEES, ANB OTHER RE- CLrLATIONS FOR THE EMPLOYEES AND OFFICERS OF THE CITY OF CYPRESS June 13, 1966 The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 704 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS A~NDING RESOLUTION NO. 607, SECTION 4, CONCERNING THE BASIC COMPENSATION PLAN FOR ALL EMELOYEES IN THE MUNICIPAL SERVICE IN THE CITY OF CYPRESS The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None It was moved by Councilman Harvey, mconded by Councilman Bowen, and unanimously carried, to proceed to Item No. 14 on the agenda at this time, since Items No. 11, 13, and 22, had been continued for an executive session. COM~ICATION FROM FEDERATION FOR COP~ftrNITY AFFAIRS RE: ~POINTMENT OF STUDY COMMITTEE ON FIP~ PROTECTION: The City Manager stated that a member from the Federation was present to present the subject communication. Mr. Robert Pedersen, 5151 Canterbury Drive, Cypress, addressed the Council on behalf of the Federation for Community Affairs, reading in full a communication dated May 31, 1966, requesting the City Council to consider the appointment of a Committee to study fire protection service in the City. The communication also outlined various points which should be considered by such a committee. The City Manager recommended that an investigation of this nature should be given a thorough examination prior to the appointment of a citizen committee in order to define the scope of the study to be made by the committee, the method W be utilized in conducting the study, and the designation of individuals who would be responsible for coordinating the activities of the committee. Discussion ensued concerning this matter, with CounCilman Harvey stating that he is in favor of such a study being made, however, the matter will require a great deal of ground work prior to the appointment of a committee. At the request of the City Council, Mr. William Morod, President of the Federation for Community Affairs, addressed the Council, emphasizing that the method used in establishing such a committee is a decision to be made by the City Council. He further stated that the Federation is not implying criticism of the present Fire Department. Mr. L. J. McBride, representing the Cypress Chamber of Commerce, addressed the Council, stating that the Chamber has studied the fire protection services of the City and the State Forestry Division is contemplating extending the present servic~in~he City. As a result of this particular study, the Chamber did not recommend any change because of the adequacy of the present Volunteer Fire Department. Mr. McBride stated that if a connnittee is formed to study fire protection, the Chamber would like to be represented. Following further discussion, it was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, to instruct the City Manager to prepare a comprehensive report on the scope and method of a study for a committee on the City's Fire Protection Services. The following ing roll call vote was taken: AYES: 5 NOES: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None ABSENT: 0 COUNCILMEN: None June 13, 1966 SECOND READING ORDINANCE AMENDING SECTION 25-23 OF THE CYPRESS CITY CODE RE: DRAINAGE FEES: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 25-23 OF THE CODE OF THE CITY OF CYPRESS TO AMEND THE DRAINAGE ASSESSMENT FEE FOR DRAINAGE DISTRICT 3-SQ AND RESCINDING ORDINANCE NO. 306 It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, this Ordinance be adopted. The following roll call vote was taken: AYES: 5 ~OE3: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None EXECUTIVE SESSION: The City Manager stated that Items No. 11, 13, and 22 on the agenda all related to pending litigation, and suggested that the executive session with the City Attorney be held at this time. It was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to dedare a recess at 10:23 p.m. in order to meet in executive session with the City Manager and City Attorney concerning pending litigation. The Mayor called the meeting back to order at 10:40 p.m., all City Councilmen being present. COMMUNICATION FROM CITY ATTORNEY RE: PENDING LITIGATION: The City Manager stated that the communication dated May 17, 1966, from City Attorney James Erickson, reviewing the status of pending litigation, which had been reviewed during executive session, required no action other than to receive and file. It was moved by Councilman Bowen, seconded by CoundIman Harvey, and unanimously carried, this communication be received and filed. COMMUNICATION FROM CITY ATTORNEY RE: ANTI-TRUST LITIGATION: Having discussed the communication dated May 27, 1966, from City Attorney James Erickson concerning the anti-trust litigation in executive session, the City Attorney suggested that the City Council dismiss the subject litigation. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to authorize and direct the City Attorney to dismiss the five actions which the City has brought in the Antitrust litigation concerning price fixing in the purchase of pipe. EXONERATION OF BONDS FOR TRACTS NO. 4966 and 4421: A report dated June 10, 1966, from the City Manager regarding the bonds for Tract No. 4966 and 4421, having been discussed in executive session, the City Attorney suggested that the City Council take action to approve the City Manager's recommenda- tion. It was moved by Coundlman McCarney, seconded by Councilman Harvey, and unanimously carried, to authorize the exoneration of the bonds for Tracts No. 4966 and 4421 subject to, and at the time of execution of, a stipulation which is to be prepared by the City Attorney for the purpose of securing payment of liens and securing certain other obligations on the part of the Bonding Company, with the exception of those amounts determined by the staff to be necessary to conplete the installation of the improvements in both tracts. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None June 13, 1966 DISCUSSION RE: TIME AND PLACE OF CITY COUNCIL MEETINGS: Discussion was held concerning the desirability of changing the location of the City Council meetings, as well as a possible change in the meeting times to allow for additional Council time to consider staff reports. The City Attorney advised that the City Council has the privilege of adjourning its meetings to another time, and suggested this possibility rather than the scheduling of one meeting per week. He also suggested that a Resolution be adopted, changing the order of the City Council agenda to reflect the consideration of staff reports and discussion as the first item of business. The second action required would be to adopt an emergency Ordinance, changing the location of the City Council meetings to the Ox~rd Junior High School. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to consider these actions at this time. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, the following emergency Ordinance changing the location of the City Council meetings be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-2 OF THE CYPRESS CITY CODE DESIGNATING THE TIME AND PLACE OF THE MEETINGS OF THE CITY COUNCIL The City Manager suggested that the final adoption of this Ordinance be withheld until he has an opportunity to verify the availability of the Oxford Junior High School at the desired times. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to instruct the City Attorney to draft an emergency Ordinance for presentation at the next City Council meeting, to change the meeting place of City Council meetings to the Oxford Junior High School. It was further moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to instruct the City Attorney to prepare a Resolution to change the order of business for City Council meetings to allow for staff reports and discussions to be held at the beginning of the meeting and to ~hedule Oral Communications at the first and last of the evening portion of the meeting. STUDY OF OPTIONAL DESIGN STANDARDS OF SUBDIVISION ORDINANCE: The City Manager inquired if the City Council desired a staff study of the Optional Design Standards of the Subdivision Ordinance, as discussed during the afternoon portion of the meeting, with particular reference to control of lot sizes, size of homes, etc. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to direct the staff to make a study regarding the possibility of amending the Optional Design Standards of the Subdivision Ordinance to allow additional City Council controls. ORAL COMMUNICATIONS: Councilman Kanel inquired of Councilman Harvey if the statement was correct made by Mayor Noe during the afternoon sessionof the meeting that Councilman Harvey was in favor of approval of Tentative Tract Map No. 5957, Counc~man Harvey stated that Mayor Noe's statement made during his absence' was correct, and based on the evidence that he had heard, he would have voted in favor of approval of the map. No further oral communications were presented at this time. ADJOURNMENT: There being no further business to come before the City Council, the Mayor declared the meeting adjourned at the hour of 11:12 p.m. ATTEST: CITY~LERK OF THE/CITY OF CYPRESS June 13~ 1966