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Minutes 67-06-26MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD June 26, 1967 The City Council of the City of Cypress held its regular meeting on June 26, 1967, at 4:00 p.m. in the City Council Chambers, 5275 Orange Avenue, Cypress, Mayor Robert C. Harvey presiding. PRESENT: Councilmen Bowen, McCarney, Noe, and Harvey ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex, Assistant City Manager Darrell Dalton, and Assistant City Attorney Leonard Hampel. MINUTES: It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to approve the minutes of the Adjourned Regular meeting of June 8, 1967, m mailed. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to approve the minutes of the Adj ourned Regular Meeting held June 9, 1967, as mailed. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to approve the minutes of the Adjourned Regular meeting held June 10, 1967, as mailed, correcting the second "Call to Order" from 10:30 p.m. to 10:30 a.m. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to approve the minutes of the Adjourned Regular meeting held June 11, 1967, as mailed. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to approve the minutes of the Regular Meeting held June 12, 1967, as mailed, correcting the third paragraph under the title "Public Hearing Re: Proposed Huntington Beach Freeway Route" on page 6 to read: "The Mayor asked if anyone in the audience wish~dto speak regarding the proposed Huntington Beach Freeway Route." PRESENTATION OF COMMUNICATION RE: CHAMBER OF COMMERCE REGULAR MEETINGS: Mr. Jack Leneker, 4504 Middlebury Circle, Cypress, addressed the Council, reading into the record, a connnunication dated June 24, 1967, which is on file in the office of the City Clerk, signed by 15 members of the Cypress Chamber of Commerce requesting that the City Council transfer no further funds to the Chamber of Cormnerce until the Board of Directors agrees to hold regular meetings as outlined in the By-Laws of the Chamber of Commerce. After discussion, it was agreed that this matter will be brought before the Chamber Manager and President of the evening portion of the City Council meeting when the Contract Renewal with the Chamber is discussed. In response to a request from Councilman Bowen, the City Manager stated that in future Progress Reports he would try to include information about new City employees. The City Manager suggested that the City Council consider the extension of the Landscape Maintenance Contract for the Civic Center which expires July 1, 1967. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to place this item on the agenda at this time. The City Manager reported that the current Landscape Maintenance Contract with Gaudentia Landscaping Company was scheduled to expire on July 1, 1967, and that, although after approval of the Budget, immediate recruitment for a Groundsman position will proceed, this recruitment will take approximately ~our to six weeks and during this period of time the City will be without grounds maintenance services. The City Manager requested that the City Council consider extension of the current Contract with Guadenti Landscaping Corporation during this interim period. June 26,196-7 COUNCILMAN KANEL ARRIVED AT 4:17 P.M. AND TOOK HIS CHAIR ON THE PODIUM It was moved by Councilman Noe and seconded by Councilman Bowen that the City Council approve an extension of the existing Contract with Gaudenti Landscaping Corporation for grounds maintenance at the Civic Center for a 60-day period, commencing July 1, 1967, and expiring September 1, 1967, at an additional cost of $1,355.00. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None The City Manager reported that there have been recent newspaper accounts of a proposed Race Track in Orange County. After discussion, it was generally agreed that the City Manager should pursue this matter further by contacting the appropriate officials and prepare a report of his findings to be submitted to the City Council at its July lOth meeting. The City Manager suggested that the City Council consider the recent action taken by the Local Agency Formation~mmission in placing a condition on the request for withdrawal of consideration of Annexation No. 67-1 to the City of Cypress. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to place this matter on the agenda at this time. It was moved by Coancilman Bowen, seconded by Councilman Noe, and unanimously carried, to instruct the City Manager to forward a cormnunication to the Local Agency Formation Commission requesting a clarification of the Commission's action in respect to the condition placed on the request for withdrawal of Annexation No. 67-1 to the City of Cypress. In response to questions from various Councilmen, the Assistant City Attorney advised that, to his knowledge, the condition placed by the Commission on the withdrawal request for Annexation No. 67-1 which required a one year period of time before re-filing an annexation map in the same area, is normally placed on an annexation map only after it has been denied. The City Manager stated that he had received a special delivery letter from the Shriners in Long Beach regarding their annual drcus to be held at the Los Alamitos Race Track. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to place this matter on the agenda. The City Manager read in full a letter, dated June 22, 1967, from E1 Bekal Temple, 801 Elm Avenue, Long Beach, California, requesting the City Council's consideration in waiving payment of admissions tax and business license fees for their annual circus to be held at the Los Alamitos Race Track on July 1 and 2, 1967, by reason of E1 Bekal Temple being a non-profit organization. It was moved by Councilman Noe and seconded by Councilman Bowen to grant the request of E1 Bekal Temple for waiver of business license fees for their annual circus to be held at the Los Alamitos Race Track on July 1 and 2, 1967, subject to their qualifying under Section 15-7(b) of the Cypress City Code relating to business license exemptions for charitable organizations; and further that E1 Bekal Temple forward a statement to the City Manager to this effect prior to the anticipated opening of the circus on July 1st. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None It was then moved by Councilman Bowen and seconded by Councilman Noe to grant the request of E1 Bekal Temple to waive admissions tax for their annual circus to be held at the Los Alamitos Race Track on July 1 and 2, 1967, subject to their organization qualifying under Section 15-7 of the Cypress City Code as a charitable organization. The motion was unanimously carried by the following roll call vote: ......... J__~__e26~ 1967 AYES: 5 COUNCILMEN: NOES: 0 COlIN CILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCa~ney, Noe, and Harvey None None General discussion ensued regarding sales tax on flowers and caskets at Forest Lawn as to whether or not the City receives the benefit of these taxes. The City Manager advised that the City does obtain benefit from the sales tax on flower sales; however, he would have to pursue the sales tax on caskets further and report to the City Council at a later date. The City Manager requested that the City Council consider additional appropriations to the departmental salary accounts and to the City Attorney's Contractual Services and Travel and Expense Accoan~s which will require a transfer of funds from the Reserve for Capital Improvements. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to place this matter on the agenda at this time. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize a transfer of $2,660.04 from the Reserve for Capital Improvements in the 1966-67 Budget to the City Attorney's Contractual Services Account. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None It was moved by Councilman Kanel and seconded by Councilman Noe to authorize a transfer of $105.40 from the Reserve for Capital Improvements in the 1966-67 Budget to the City Attorney's Travel and Expense Account. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Kanel, McCarney, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Harvey It was moved by Councilman Noe and seconded by Councilman Bowen to authorize a transfer of $17,948.15 from the Reser~for Capital Improvements in the 1966-67 Budget to the Departmental Salary Accounts. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSt~qT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None Following a review by the City Manager of the requirement imposed on the approval of Tract No . 5704 relating to the installation of concrete side- walk and tree wells on Ball Road adjacent to the Tract, the City Council concurred with the City Manager that these improvements should be deferred until after the City has received the report regarding the total beautifica- tion program and reconmended street tree program which is provided for the 1967-68 budget. The City Manager reported that the City has received the plate for the plaque~esented to Sandee Jones, Miss Teen U.S.A., from the City Council. It was agreed that Miss Jones should be contacted by the City Manager and requested to bring her plaque into the City Hall so that the plate can be mounted on the plaque; and further the City Manager should arrange for the appropriate pictures and publicity. Following discussion regarding procedures for allowing persons to address the Council outside of Oral Con~nunications for Public Hearings, the Assistant City Attorney advised that the Mayor can use his dis cretion in recognizing persons who wish to address the Council and can further limit their dis cussion time. General discussion ensued in regard to the proposed Budget expenditures submitted by the Cypress Chamber of Commerce as well as their proposed programs. RECESS: It was moved by Councilman Kanel, seconded by Councilman Noe, and unanimously carried, to declare a recess at 5:35 p.m. until 7:30 p.m. June 26, 1967 CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilmen Kanel, McCarney, Noe, and Harvey ABSENT: Councilman Bowen Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Leonard Hampel, Assistant City Manager Darrelt Dalton, Public Works Director Arthur Schatzeder, Planning Director George R. Putnam, Finance Director Jim Grissom, Building Superintendent Tom Nudson, Police Chief George Savord, and Administrative Assistant Gene Poertner. The City Manager summarized the proceedings of the afternoon portion of the meeting. COUNCILMAN BOWEN ARRIVED AT 7:35 P.M. AND TOOK HIS CHAIR ON THE PODIUM ORAL COMMUNICATIONS: There were no oral communications presented at this time. PUBLIC HEARING RE: LIGHTING DISTRICT NO. 2~ INCLUDING ANNEXATION NO. 6: The City Manager presented a report dated June 22, 1967, reviewing previous action taken by the City Council in consideration of the installation of a street lighting system for the City of Cypress, stating that affidavits of posting and publishing of the Public Hearing Notices were on file in the Office of the City Clerk. The City Manager further reviewed a communication dated June 13, 1967, from Southern California Edison Company transmitting re- vised tariff schedules LS-1 and LS-2, which have been accepted by the State of California Public Utilities Commission, and which indicate a reduction in the cost of lighting installations. These reductions will affect the Engineer's Preliminary Report previously approved by the City Council, and it will, therefore, be necessary to continue the Public Hearing on this matter to allow sufficient time to recalculate the assessment factors in each lighting district zone to determine the effect of the rate change on the per-parcel assessment. It was moved by Councilman Kanel and seconded by Councilman Noe to direct the City Engineer to modify the Preliminary Report for the City of Cypress Lighting District No. 2 to take advantage of the reduced rates for street lighting as submitted by the Southern California Edison Company, with the modified report to be considered at the City Council meeting of July 24, 1967; and that the Public Hearing for consideration of the modified Preliminary Report and any protests be continued until the City Council meeting of July 24, 1967. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Kanel, McCarney, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Harvey PRESENTATION OF COMMUNITY SERVICE PLAQUE TO DOROTHY JONES~ DEPUTY CITY CLERK: At this time, Mayor Harvey, on behalf of the City Council, City Employees, and citizens of the Community, presented Mrs. Dorothy Jones, who is terminating her employment with the City on July 1, 1967, with a community service plaque in recognition of her devoted service to the City of Cypress and in acknowledgement of the outstanding manner in which she has represented the City Council and administrative staff of the City in her position as Administrative Secretary/Deputy City Clerk since September of 1962. Mrs. Jones addressed the City Council and Staff thanking them for this presentation. PRESENTATION OF PLAQUE TO COUNCILMAN FRANK P. NOE: At this time, Mayor Harvey, on behalf of the City Council, City Staff, and citizens of Cypress, presented Councilman Frank P. Noe with a plaque on which a gavel symbblizing the Office of Mayor was mounted, in acknowledgement of his services as Mayor of Cypress from April 1963 to April 1967. Councilman Frank Noe addressed the City Council and Staff thanking them for this presentation. June 26, 1967 CHANGE IN ORDER OF THE CITY COUNCIL AGENDA: Item 2 on the agenda being a Public Hearing scheduled for 8:00 p.m., it was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to proceed to Items 23-30 for consideration at this time. APPOINTMENT OF DEPUTY CITY CLERK: The City Manager presented a report dated Jane 22, 1967, regarding the appointment of a Deputy City Clerk to assist in the administration of the City Clerk's Office. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to concur in the appointment of Mrs. Carol Flynn as Deputy City Clerk, effective July 1, 1967. CITY MANAGER REQUEST FOR VACATION: The City Manager presented a report dated June 21, 1967, requesting permission from the City Council for the City Manager to take four days of his vacation on July 3, 5, 6, and 7. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to approve the City Manager's request for vacation on July 3, 5, 6, and 7, 1967. CERTIFICATION OF EMPLOYMENT LIST--POLICE OFFICER: The City Manager presented a report dated June 19, 1967, setting forth the results of an examination conducted for the position of Police Officer. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to certify the employment list for Police Officer as submitted. In response to questions from Councilman Kanel and McCarney, the City Manager reviewed the procedure for selecting personnel for various positions in the City. CERTIFICATION OF EMPLOYMENT LIST--POLICE SERGEANT: The City Manager presented a report dated June 19, 1967, setting forth the results of an examination conducted for the position of Police Sergeant. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to certify the employment list for Police Sergeant as submitted. CERTIFICATION OF EMPLOYM~RqT LIST FOR POLICE CLERK-TYPIST: The City Manager presented a report dated June 26, 1967, setting forth the results of an examination conducted for the position of Police Clerk-Typist. It was moved by Councilman Kanel, seconded by Councilman Noe, and unanimously carried, to certify the employment list for Police Clerk-Typist as submitted. CERTIFICATION OF EMPLOYMENT LIST FOR STENOGRAPHER: The City Manager presented a report dated June 26, 1967, setting forth the results of an examination conducted for the position of Stenographer. It was m~ved by Councilmen Bowen, seconded by Councilman Kanel, and unanimously carried, to certify the~nployment list for Stenographer as submitted. MONTHLY ACTIVITY REPORT--MAY 1967: It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to receive and file the Monthly Activity Report for May 1967. APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 17209 THROUGH 17291: was moved by Councilman Bowen and seconded by Councilman Noe to approve the Con~nercial Warrant List, Warrants No. 17209 through 1729 1, in the total amount of $53,426.39. The motion was ananimously carried by the following roll call vote: It AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None It was moved by Councilman Noe, seconded by Councilman Kanel, to consider Items 3 through 6 on the Agenda at this time. June 26, 1967 COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MINUTES OF DISTRICT MEETING HELD MAy 18, 1967: The City Manager presented a conm~unica- tion dated May ~, 1967, from the Orange County Mosquito Abatement District transmitting a copy of the Minutes of the District meeting held on May 18, 1967. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, that this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES RE: RESOLUTION SUPPORTING PROPOSED LOCATION OF NAVAL ORDINAN~TEST STATION: The City Manager presented a communication dated June 14, 1967, from the President of the Orange County Division of the League of California Cities transmitting a copy of a Resolution adopted by the Executive Committee of the Orange County Division of the League of California Cities supporting the proposed location of the United States Naval Ordinance Test Station Site at the U.S. Naval Air Station in Los Alamitos, California. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, this communication be received and filed. COMMIrNICATION FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RE: WITHDRAWAL OF SUPPORT OF ASSEMBLY BILL NO. 2469: The City Manager presented a communication dated June 13, 1967, from the Executive Director of the Southern California Association of Governments indicating that the Executive Committee of the Association has recommended withdrawal of Support of Assembly Bill 2469 due to an amendment to the Bill which removes the necessary powers to make it an effective instrument for improving air pollution conditions in California. The City Manager suggested that, based on the information contained in this corrmanication, the City Council may wish to reconsider its support of Assembly Bill 2469, as amended. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to withdraw its previous support of Assembly Bill 2469 and to request the City Attorney to advise the appropriate legislators of the City Council's opposition to the Bill. COMMUNICATION FROM STATE DEPARTMENT OF FINANCE RE: POPULATION ESTIMATE: The City Manager presented a report dated June 10, 1967, from the State Department of Finance indicating that, based on the State Department of Finance population, the City of Cypress, as of April 1, 1967, had an estimated population of 20,500. This is an increase in population of 1,455 from the special census of September 20, 1966. The City Manager advised that this new population estimate will be used for transmittal of State funds from the motor vehicle in-lieu funds and State Gas Tax funds to the City. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, this conmunication be received and filed. RECESS: The Mayor declared a recess at 7:59 p.m. The meeting was called back to order at 8:00 p.m., all Councilmen being present. PUBLIC HEARING RN: PRECISE ALIGNMENT OF VALLEY VIEW STREET: The Mayor announced this was the time and place for the Public Hea~ing to consider the adoption of a Specific Plan for the precise alignment of Valley View Street from Cerritos Avenue southerly to a point approximately 650 feet North of Orangewood Avenue, initiated by the Secretary of the Planning Co~anission. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager stated that the affidavits of posting and publishing of the Public Hearing Notices were on file in the Office of the City Clerk and no written com-,,nications concerning this matter had been received. June 26, 1967 Planning Director George Putnam reviewed the necessity for the proposed alignment in the future widening of Valley View Street to its ultimate right of way width of 120 feet and reported that this alignment was recom- mended for approval by the Planning Commission. This proposed alignment will join an existing alignment of Valley View from 650 feet north of Orangewood Avenue to Orangewood Avenue, which was previously approved by the City Council and Planning Commission. The Mayor asked if anyone in the audience wished to speak for or against the precise alignment. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 79 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A SPECIFIC PLAN FOR THE PRECISE ALIGNMENT OF VALLEY VIEW STREET FROM CERRITOS AVENUE SOUTHERLY TO A POINT APPROXIMATELY 650 FEET NORTH OF ORANGEWOOD AVENUE The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None REPORT RE: DRAINAGE SOLUTION--VAN RUITEN PROPERTY: The City Manager presented a report dated Jane 8, 1967, which had been continued by the City Council at its regular meeting of June 12, 1967, for consideration at this time. The City Manager stated that since the preparation of this report he had met with Mr. Van Ruiten and there is a disagreement as to the extent of the drainage facilities required that are the responsibility of Mr. Van Ruiten. Public Works Director Arthur Schatzeder reviewed the drainage plan in the subject area and outlined the previous discussions with Mr. Van Ruiten regarding his responsibility for the drainage of his property. Mr. Pete Van Ruiten addressed the City Coancil concerning the report of the City Manager and objecting to payment of any drainage costs for his property being developed as a Mobile Home Park other than those costs for the construction of the proposed local drain from the southwest corner of his property to Devon Circle. Mr. Van Ruiten further stated that although he had previously agreed to pay additional drainage costs with Larwin Company, he felt that the City would not ~equire him to~pay any costs other than for the local drain. In response to questions from various Councilmen, Mr. Van Ruiten further stated that he had further information regarding the drainage costs for his property that would be of assistance to the City Council in making a decision regarding this matter. The City Council inquired as to whether or not this information could be made available this evening at which time Mr. Van Ruiten indicated he would not be able to present the additional information until a later date. Following further discussion regarding this matter, it was moved by Councilman Kanel and seconded by Councilman Noe this matter be continued until the City Council meeting of July 10, 1967, and requested the City Staff to present further information regarding this drainage problem for consideration by the Council. The motion was unanimousl~ carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None June 26, 1967 The City Manager expressed concern in reference to obtaining the information which had been described by Mr. Van Ruiten at which time Councilman Kanel indicated his confidence in Mr. Van Ruiten making this information available to the City. ACEEPTANCE OF CERRITOS AVENUE STORM DRAIN CONSTRUCTION--LOMAR CORPORATION: The City Manager presented a report dated June 22, 1967, from the Public Works Director advising that the Cerritos Avenue Storm Drain construction has been satisfactorily completedin accordance with plans and specification s . It was moved by Coancilman Kanel, seconded by Councilman Noe, and unanimously carried, to accept the Cerritos Avenue Storm Drain as being completedin accordance with the plans and specifications. EXTENSION OF TIME FOR 1967 WEED ABATEMENT CONTRACT: The City Manager presented a report dated June 22, 1967, from the Public Works Director outlining the delays encountered by the Weed Abatement Contractor during the 1967 Weed Abatement Program had the necessity for approval of an extension of time to allow the Contractor to complete the work required under the Contract. It was moved by Coancilman Bowen, seconded by Councilman Noe, and unanimously carried, to grant the request of E & G Engineers for a five-day extension of time on the 1967 Weed Abatement Contract. RECESS: The Mayor declared a recess at 8:50 p.m. The meeting was called back to order at 8:53 p.m., all Councilmen being present. CONSIDERATION OF 1967-68 MUNICIPAL BUDGET: The City Manager reviewed the budget message, dated June 15, 1967, to the City Council members outlining the general Budget objectives for the 1967-68 fiscal year and presented charts showing the estimated mmve~mes and expenditures and the relationship of the number of employees to the population. In response to a question from Councilman McCarney, the Finance Director reviewed the decisions reached by the Council in regard to the approval of the attendance of the City Manager at the Annual Conference of the International City Managers' Association. In response to a question from Councilman Kanel regarding the possibility of a tax rate reduction because of the possible increase in the City's assessed valuation, the City Manager advised that this matter should be considered by the City Council at such time as the City receives the official assessed valuation figures from the County Assessor's Office which will be some time in August, 1967. It was moved by Councilman McCarney and seconded by Councilman Kanel to adopt the following Resolution, title as follows: RESOLUTION NO. 792 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1967, AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS The motion was carried by the following roll call vote: AYES: 4 COIDICILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Noe, and Harvey None REQUEST FOR AUTHORIZATION TO CLOSE VALLEY VIEW FROM CERRITOS TO SOUTH CITY LIMITS: The City Manager presented a report dated June 22, 1967, requesting authorization ~ close Valley View Street from Cerritos Avenue to the south City limits from July 5, 1967 to October 15, 1967, due to traffic hazards and congestion caused by construction on Valley View Street. June 26, 1967 It was moved by Co~mcilman Bowen and seconded by Councilman McCarney to authorize the closure of Valley View Street from Cerritos Avenue to the south city limits from July 5, 1967 to October 15, 1967, due to the traffic hazards and congestion caused by street and storm drain construc- tion on Valley View Street. Mayor Harvey stated that he recognized the problems encountered by business- men on streets which are closed for construction and would be opposed to such street closures. Mr. Harvey Hettinga, 6392 Orange Avenue, Cypress, addressed the Council as owner and operator of the Eastgate Dairy which is located on Valley View in the area proposed for closure, stating his opposition to such a closure due to the unfavorable effect this closure would have on his business operation. In response to questions from various Councilmen, the Public Works Director outlined the necessity of closing the intersection of Orangewood Avenue and Valley View Street in order to construct a storm drain across this intersection. Mr. Herb Davis, Manager of Eastgate Plaza in Garden Grove, addressed the City Council stating that as this shopping center was in close proximity to the boundaries of the City of Cypress and was utilized by the citizens of Cypress, he felt this closure would impose a hardship on the citizens of Cypress as well as on the shopping center. He further stated that, if the street was left~pan, his plaza would publish a bulletin to be distributed to citizens in the area requesting them to proceed cautiously through the construction area. The Public Works Director again addressed the Council advising them of the extreme hazards motorists would be subjected to on Valley View during this construction, caused by the existence of heavy equipment and due to the narrow width of the road. He further advised that it appeared unavoidable to close Valley View Street at Orangewood Avenue for a period of at least 30 days due to the complete removal of the intersection of both the change in grade and for the installation of the storm drain crossing. It was suggested by Councilman Bowen that, due to the fact that it would be necessary to close Valley View Street for 30 days, in the interest of safety, it would be best to authorize the closure for the entire time requested. The Public Works Director stated that possibly if the street were to be allowed to be closed for the full length of time requested, the constractor would be able to complete the construction and remove the hazards in a shorter time period than originally requested. Various alternatives for construction of the street which would not require closure were discussed, which included acquisition of additional right-of- way. The following roll call vote was taken on Councilman Bowen's motion to authorize the closure of Valley View Street from Cerritos Avenue to the south city limits: AYES: 1 COUNCILMEN: NOES: 4 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen Kanel, McCarney, Noe, and Harvey None The motion failed to carry. The City Council generally agreed that construction on Valley View Street should proceed within the existing right-of-way with two lanes being left open for through traffic until construction has proceeded to the inter- section on Valley View Street and Orangewood Avenue, at which time the Staff should use their discretion as to whether or not to re-submit a request for authorization to close Valley View at that point in the construction operations. June 26, 1967 Mr. Herb Davis, Manager of Eastgate Plaza, again addressed the City Council requesting information as to who he should contact to obtain a mailing list of the citizens of Cypress, and that he will proceed to publish and mail a notice to these people notifying them of the street construction and requesting that they exercise extreme caution while traveling on Valley View Street through the construction zone. ANNUAL REQUALIPICATION FOR CITY PARTICIPATION IN THE ARTERIAL HIGHWAY FINANCING PROGRAM OF ORANGE COUNTY - ORANGEWOOD AVENIrE: The City Manager presented a report dated June 22, 1967, reviewing the requirements of the Orange County Arterial Highway Financing Advisory Committee that participating cities in theprogram inform the Advisory Committee asto whether or not any changes to the Arterial Highway Master Plan have been made within the City, and to request that the changes, if any, be adopted into the County Arterial Highway Master Plan and be made eligible for ihclusion in the program, and presenting a Resolution requesting inclusion of Orangewood Avenue from Valley View to the Bolsa Chica Channel in the Orange County Arterial Highway Master Plan. It was moved by Councilman Noe and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 793 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY ARTERIAL FINANCING ADVISORY COMMITTEE TO INCLUDE ORA~GEWOOD AVENUE FROM VALLEY VIEW STREET TO THE BOLSA GHICA CHANNEL IN THE COUNTY ARTERIAL HIGHWAY MASTER PLAN The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None EVALUATION OF CITY BANKING SERVICES AT SECURITY FIRST NATIONAL BANK: The City Manager presented a report dated June 22, 1967, reviewing the activities and performance of Security First National Bank at Valley View Street and Lincoln Avenue in the City of Buena Park, as requested by the City Council on November 28, 1966, at which time the Security First National Bank was designated as the bank in which all City accounts would be deposited. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, this report be received and filed. AUTHORIZATION TO MAKE REVISIONS IN POLICE HOLDING AREA: The City Manager presented a report dated June 22, 1967, reviewing the necessity to revise the present Police Holding Area to comply with the standards set forth by the State Department of Corrections and the State Fire Marshal's Office in order to make the facility acceptable as a jail. The City Manager further advised that an agreement has been reached with the Architect to share in certain portions of the cost, with the Architect to provide all the necessary plans, specifications, and construction supervision at no cost to the Cypress Civic Center Corporation. The City Manager reviewed the action taken by the Civic Center Corporation at its meeting held on June 21, 1967, in authorizing Azar Construction Company to proceed with the required revisions subject to the approval and confirmation of the City Council. In answer to questions by members of the City Council regarding the length of time prisoners could be held in the jail facility when completed, Police Chief George Savord stated the court could sentence prisoners to a term in the City j all if there were facilities for providing food and clothing; however, as the proposed jail does not have facilities to provide food or clothing, prisoners would be held only temporarily until arrangements could be made to transport them to Orange County j all. It was moved by Councilman Noe and seconded by Councilman Kanel to concur in the action of the Cypress Civic Center Corporation in approving the Police facility revisions and in authorizing the Azar Construction Company to proceed with these revisions as per their cost estimate. 1967 Following discussion regarding the agreement to share in the cost of these revisions between the Architect and the City, the following roll call vote was taken on Councilman Noe~s motion: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Noe, and Harvey Bowen None CONSIDERATION OF CHAMBER OF COERCE CONTP~ACT RENEWAL: At this time, Mayor Harvey requested that Mr. Bill Shepherd, Manager of the Cypress Chamber of Conm~rce come forward to the podium. Mayor Harvey then advised Mr. Shepherd of the letter received by the City Council during their after- noon session, signed by 15 members of the Chamber requesting that the City advance no further funds to the Chamber of Commerce until such time as the CHamber conforms to its existing By-Laws. Discussion ensued between members of the City Council and the Chamber of Commerce representatives, including President Orrin Maybee, Manager W. C. Shepherd, and Treasurer Richard Morris, regarding the effectiveness of the Chamber's program with specific reference to conducting general membership meetings as required by the By-Laws, the mai ling list of the CHamber Newsletter, activities for increasing Chamber membership and promotional programs for City commercial and industrial areas. The City Council further requested information regarding the expenditures and revenues as outlined in the Chamber of Commerce Budget. Mr. Jack Leneker, 4504 Middlebury Circle, Cypress, addressed the Council challenging several of the statements made by the Chamber representatives and further requesting the City Council to consider the fact that the Chamber has not conformed to their By-Laws. Mr. Balsitis, operator of the Mobil Service Station at Valley View and Ball addressed the City Council in reference to the fact that he had not been recently contacted regarding renewal of his membership in the Chamber. It was moved by Councilman McCarney and seconded by Councilman Noe to renew the Contract, dated August 22, 1966, between the City of Cypress and the Cypress Chamber of Commerce for a one-year period to expire on June 30, 1968, with the understanding that a quarterly meeting will be held between the City Council and the Board of Directors to review the Chamber activities. Following further discussion regarding the Chamber of Commerce contract, it was moved by Councilman Noe and seconded by Councilman Bowen to amend the original metion to the effect that the renewal of the contract between the City and the Cypress Chamber of Commerce be subject to the condition that the Chamber of Cormnerce conform to the By-Laws of the Chamber. Councilman Noe's motion to amend the original motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, and Noe McCarney and Harvey None The original metion made by Councilman McCarney and seconded by Councilman Noe was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Noe, and Harvey Bowen None Mr. Shepherd informed the City Council that the Chamber of Commerce was attempting to prepare the Chamber Budget on the fiscal year rather than on the calendar year basis to coincide with the fiscal year of the City. In response to a question from Councilman Kanel, Councilman Bowen stated for the record that he voted against the City's 1967-68 Budget because it did not provide funds for increased fire protection services. He further stated that his reasons for opposing the renewal of the Contract with the Chamber of Commerce was that he felt it should have been renewed for a six-month period rather than for a year. AWARD OF CONTRACT FOR GASOLINE AND AUTOMOTIVE SERVICE: The City Manager presented a report dated June 22, 1967, requesting an extension of the existing contract with Balsitis Service Center for the purchase of gasoline and automotive service from June 30, 1967 to July 15, 1967, in order to complete an investigation of the service stations submitting proposals to determine the qualifications and background of the service station personnel, inasmuch as a majority of the automotive work is related to the operation of the Police Department vehicles, with the contract award to be considered at the July 10th City Council meeting. It was moved by Councilman Bowen and seconded by Councilman McCarney to grant an extension of the existing contract with Balsitis Service Center from June 30, 1967 to July 15, 1967, to allow for completion of the Police Departm~nt's investigation. In response to a question from Councilman Kanel regarding the pending litigation between himself and Balsitis Service Center, the Assistant City Attorney advised that it would be in order for Councilman Kanel to abstain from voting on this matter. The following roll call vote was taken on Councilman Bowen's motion: AYES: 4 COUNCILMEN: Bowen, McCarney, Noe, and Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABS~AINED:i COUNCILMEN: Kanel RENEWAL OF CITY TOWING SERVICE--CYPRESS AUTO TOW SERVICE: The City Manager presented a report dat~ June 22, 1967, concerning the renewal of the existing-agreemeBt with Cypress Auto Sexyice which is due to expire on June 30, 1967, and stating that the Police Chief had recommended renewal of the contract with Cypress Auto Tow Service as there is no other existing competitive business in the City and the necessity that the towing service be locally based in order to take care of daily dispositions that must be made of stored or impounded vehicles. The service rendered by the Cypress Auto Tow Service was considered adequate by the Police Chief and he has received no complaints from police personnel or from the public. The City Manager advised that Mr. Hansen, Owner of the Cypress Auto Tow Service, requested an increase in storage rates from $1.00 to $1.50 and that this increase appeared warranted, based on rates being charged for similar towing services in adjacent cormnunities. It was moved by Councilman Noe and seconded by Councilman Kanel to renew the designation of the Cypress Auto Tow Service as the City towing service for a period ending June 30, 1968, with the condition that the Cypress Auto Tow Service continue to adhere to the specifications and rates as outlined in the existing Agreement with Cypress Auto Tow dated August 8, 1966, with the exception that the storage rates be increased from $1.00 to $1.50 per day. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None AWARD OF MAINTENANCE CONTRACT FOR CIVIC CENTER AIR CONDITIONING AND HEATING EQUIPMENT: The City Manager presented a report dated June 22, 1967, outlining the results of bids received by the City from equipment maintenance companies for the equipment maintenance program for the Civic Center facilities, a copy of which is on file in the Office of the City Clerk. The City Manager then reviewed the major differences between the proposals in regard to the amount of maintenance and materials to be provided by each of the companies and stated that based upon these considerations, Coast Heating and Air Conditioning Company would appear to be the lowest and best bidder. It was moved by Councilman Kanel and seconded by Councilman Bowen to authorize acceptance of the proposal submitted by Coast Heating and Air Conditioning Company for maintenance of the air conditioning and heating equipment at the Civic Center facilities, as outlined in their proposal dated June 7, 1967, in the base amount of $960.00 per year, effective July 1, 1967, for a period of one year ending June 30, 1968. June 26, 1967 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None REQUEST FOR FOUR-WAY STOP AT ORANGE AVENUE AND MOODY STREET: The City Manager presented a report dated June 22, 1967, outlining the reconmendation made by the City Traffic Commission to install a four-way stop at the intersection of Moody Street and Orange Avenue after a study of the inter- section of Moody Street and Orange Avenue after a study of the intersection which revealed a total of 16 accidents occurring in an 18-month period, these accidents being of the type that could be corrected by a four-way stop installation. It was moved by Councilman Bowen and seconded by Councilman McCarney to adopt the following Resolution, title as follows: RESOLUTION NO. 794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A FOUR-WAY STOP AT THE INTERSECTION OF MOODY STREET AND ORANGE AVENUE Mayor Harvey suggested that the City Staff might consider installing a sign beneath the Stop sign at each intersection indicating that it is a four- way stop. The City Manager advised that it is normal practice to install warning signs notifying motorists of the stop sign ahead. The motion made by Councilman Bowen was unanimously carried by the following roll call vote: AYES: 5 COUNCILMBN: NOES: 0 COUNCILMEN: ABSENT: 0 COR~CILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None REQUEST TO ESTABLISH STORES FUND: The City Manager presented a report dated June 21, 1967, requesting authorization to transfer $2,000 from the Reserve for Capital Improvements in the 1967-68 Budget in order to establish a revolving stores fund for the purchase of necessary stationery and office supplies for the entire fiscal year, which wonld eliminate the current practice of soliciting for bids for office supplies twice a year and would produce a considerable savings to the City in the initial purchase of the office supplies since it would be a larger quantity order. Each departm~nt's office supplies account would becharged for the supplies used by their department and these monies would be credited to the Stores Fund. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the establishment of a Stores Fond and to further authorize the transfer of $2,000 from the Reserve for Capital Improvements in the 1967- 68 Budget to the Stores Fund. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None CLAIM FOR DAMAGES - CALVIN W HONG: The City Manager presented a report dated June 21, 1967, regarding a Verified Claim for Damages, dated June 7, 1967, from Mr. Calvin W. Hong, 5711Cathy Lane, Cypress, in the amount of $50,000 based on purported false arrest, malicious prosecution, invasion of privacy, false imprisonment and harassment. The City Manager further advised that this arrest was a result of a complaint signed by another party involved in the particular incident and the City would, therefore carry no liability on this matter. It was moved by Councilman Noe, seconded by Coancilman Bowen, and unanimously carried, to deny the Verified Claim for Damages as submitted by Mr. Calvin W. Hong, 5711Cathy Lane, Cypress, and authorize the City Manager to transmit the action of the City Council to the City's Insurance Carrier. June 26, 1967 RESOLUTION APPOINTING LEGAL REPKESE~TATIVES OF THE CITY: The City Manager presented a report dated June 21, 1967, regarding the need to clarify the provisions of an Agreement, dated August 17, 1967, establishing the cost of legal services and the method of payment and further indicating and delegating the representatives who were responsible for providing legal services to the City of Cypress. It was moved by Councilman McCarney and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 795 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING THE LEGAL REPRESENTATIVES OF THE CITY The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Kanel, McCarney, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Harvey ADJOURNMENT: There being no further business to come before the Council at this time, it was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to adjourn the meetihg at 11:20 p.m. ATTEST: CItY CL~K OF THe/CITY OF CYPRESS MAYOR OF THE CITY OF CYP~ June 26, 1967