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Minutes 67-07-24MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD July 24, 1967 The City Council of the City of Cypress held its regular meeting on July 24, 1967, at 4:00 p.m. in the City Coun~ Chambers, 5275 Orange Avenue, Cypress, Mayor Robert C. Harvey presiding. PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and Assistant City Manager Darrell Dalton. MINUTES: It was moved by Councilman McCarney, seconded by Councilman Noe, and unanimously carried, to approve the minutes of the regularn~eting of July 10, 1967, as mailed. STAFF REPORTS AND DISCUSSIONS: The City Manager stated that he had received a cormnunication from the Orange County Chamber of Commerce, extending an invitation to those interested in attending a retirement dinner to be held for Mr. Ed Telford, District Engineer for the Division of Highways in Los Angeles, at the Biltmore Hotel on August 9, 1967. Mayor Harvey presented copies of comnunications dated May 26, 1967 and July 10, 1967, from Vincent Devaney, Superintendent of the Cypress School District, requesting the City to participate ~ the District's welcoming program for new school teachers. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to place this matter on the agenda for consideration. COMMUNICATIONS FROM CYPRESS SCHOOL DISTRICT RE: WELCOMING PROGRAM FOR NEW TEACHERS: Discussion ensued by members of the City Coun~ regarding various ways in which the City could participate in the welcoming program proposed by the Cypress School District for new school teachers of the District. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to direct the City Manager to contact Mr. Vincent Devaney and indicate the City's interest in participating in the welcoming program for new teachers and to further direct a member of the City Staff to attend the meeting scheduled to be held in August to discuss this program. The City Manager presented a communication dated July 13, 1967, from the Cypress Chamber of Con~nerce, extending an invitation to attend a Breakfast Meeting of the Cypress Chamber of Cormnerce on July 25, 1967, at 7:3Q a.m. at the Los Alamitos Country Club, which meeting is to be held for the purpose of considering revised By-Laws of the Chamber. Discussion ensued in regard to a letter which had been mailed by Jack Leneker to members of the Chamber of Cor~nerce regarding the proposed Breakfast n~eting which contained various statements about the relationship between the City and the Cypress Chamber of Conm~erce. Concern has been expressed to the City Council as well as the City Staff by various business- men in the area regarding the contents of the letter. Upon a request from the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to place an item on the agenda regarding City en~loyees achievement. July 24, 1967 ACKNOWI,EDGEMENTOF ACHIEVEMENT BY CITY EMPLOYEES: The City Manager presented certificates issued by the International City Managers' Association to Gerald M. Hendricks of the Public Works Department, Ivan Smith of the Building Department, and Clyde Guard, Robert Murray, and Edwin Robertson of the Police Department, for their achievement in completion of a course in Supervisory Methods in Municipal Administration sponsored by the International City Managers' Association. The City Manager further connnended these employees for this achievement. Mayor Harvey also offered the City Council's congratulations and commendations to the employees for their interest and performance in completing the subject course. Upon request from the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to place under 0ral Cormnunications at the evening portion of the meeting, a presentation to be made to the City by the Southern California Edison Company. The City Manager presented the Council with copies of the Minutes of the Lincoln Avenue Merchants Meeting held on June 29, 1967. The City Manager requested the City Council to consider the certification of an employment list for Groundsman. It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to place this item on the agenda at this time. CERTIFICATION OF EMPLOYMENT LIST--GROUNDSMAN: The City Manager presented a report dated July 24, 1967, setting forth the results of an examination conducted for the position of Groundsman. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to certify the employment list for GrOundsman, as submitted. The City Manager stated that as a condition of approval of the Live Entertainment Permit for the Body Shop, the City Council, at its meeting of Noventer 28, 1966, indicated its desire to review the Permit during the month of July 967. It was generally agreed by the City Council that its intention in imposing this condition was that any problems encountered with the Live Entertain- ment Permit could be brought to the City Council's attention. The City Manager advised that no problems had been encountered with the Live Entertainment at the Body Shop and the Police Department has indicated that the number of police calls made to the Body Shop has been reduced. The City Manager reported that it had been determined that the City of Cypress does obtain sales tax on items sold at Forest Lawn in Cypress. In response to a question from Councilman Kanel, the City Manager briefly reviewed the correspondence between the City Manager and Frederick Llewellyn which outlined the City's position in regard to the required public improvements to be installed by Forest Lawn in conjunction with the issuance of building permits and the position of Forest Lawn in regard to these improvements. Following discussion regarding this matter, the City Manager indicated that copies of these cormnunication would be made available to both the City Council and City Attorney for review. The City Manager presented the Council with a Notice of the General meeting of the Orange County League of Cities to be held on July 27, 1967, and copies of the Minutes of the Executive Board Meeting of the Orange County Division of the League of California Cities held on July 13, 1967, for their information and review. In response to a question from Mayor Harvey, the City Manager indicated that a tour of the City for the City Council would be arranged in the near future. July 24, 1967 In response to a question from Mayor Harvey as to whether or not the City had received an answer to its inquiry regarding the condition imposed by the Local Agency Formation Commission on the withdrawal of Annexation No. 67-1 map, the City Manager stated that he had not received any written reply from the Commission, but that the Planning Director had been contacted by Mr. Turner of the Cormnission who advised that any request initiated by the City would be accepted and processed by the Conmlission. It was decided that the City should pursue this matter and obtain written clarification from the Local Agency Formation Commission on the condition imposed on Annexation No. 67-1. Mayor Harvey advised that the Orange County Division of the League of California Cities has requested that all future payments for League meetings be made payable to Friedemann Hall for the Executive meetings and to the host City for the general membership meetings each month. General discussion ensued in regard to repair of chuck holes at the intersection of Juanita Street and Ball Road, the improvement of Valley View Street and Orange Avenue and construction which is presently underway on Orange Avenue by Southern California Edison Company. The City Manager stated that the Cypress Chamber of Commerce has extended an invitation to the City Council to attend a press party on August 11, 1967, at which time the date of the ground breaking ceremonies for the Cypress Plaza Shopping Center will be announced. Councilman Kanel addressed the Council stating that in connection with the award of contract to a newspaper for legal publications for the City of Cypress, he would like to state for the record that he is neither a stock holder in the Los Alamitos-Cypress News Enterprise nor an officer in the corporation which owns the Newspaper and that his capacity with the Newspaper is that of an independent contractor. Discussion ensued in regard to the action to he taken in regard to the Planning Con~nission. The City Manager advised the Council of the proce- dures to be followed in either appointing new Planning Commissioners or reducing the number of members serving on the Planning Commission and suggested that the City Council determine which alternative they would wish to follow in order to allow sufficient time to take the appropriate action. General discussion ensued as to whether or not the Council should go into an executive session to discuss this action, and it was generally agreed that this matter should be discussed publicly. It was moved by Councilman Kanel and seconded by Councilman McCarney to add to the agenda consideration of whether or not to adopt an ordinance amending the City Code reducing the composition of the Planning Commission from seven to five members. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, and Noe Harvey and Bowen None In answer to a question from Councilman Noe, the City Attorney advised that Councilman Kanel's motion placing consideration of an ordinance amending the City Code on the agenda did not relate specifically to the evening portion of the meeting. Councilman Noe stated that he had misunderstood the original motion. City Attorney declared the motion and roll call vote void since all Councilmen had not fully understood the intent of the motion. The It was then moved by Councilman Kanel and seconded by Councilman McCarney to place consideration of the adoption of an ordinance amending Section 2-20 of the Cypress City Code reducing the composition of the Planning Commission from seven to five members, on the evening portion of the agenda, as Item No. 7a. 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 July 24, 1967 General discussion ensued regarding the subject matters to be considered at the afternoon portion of the City Council meetings. It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to recess at 5:02 p.m. until 7:30 p.m. that evening. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, Planning Director George Putnam, Finance Director Jim Grissom, Police Chief George Savord, Building Superintendent Tom Nudson, Public Works Director Art Schatzeder, Administrative Assistant Gene Poertner, and Assistant Traffic Engineer Walker Merigan. ORAL COMMUNICATIONS: Mr. Jack McFadden, Southern California Edison Con~any, addressed the Council, presenting them with a plaque which contained a replica of the advertisement which had been placed in the Wall Street Journal by the Southern California Edison Company advertising the industrial potential of the City of Cypress. Mayor Harvey, on behalf of the City Council, City staff, and citizens of the community, expressed the City's appreciation to the Southern California Edison Company for their cooperation and support in promoting the industrial interests of the City of Cypress. There were no further oral co~mmunications presented at this time. CONTINUATION OF PUBLIC HEARING RE: LIGHTING DISTRICT NO. 2~ INCLRpING ANNEXATION NO. 6: The Mayor announced this was the time and place to consider protests to the installation of, furnishing of electric current for, and maintenance of a street lighting system in an area defined by the City Council and hereafter referred to as Cypress Lighting District No. 2, including Annexation No. 6. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager stated that affidavits of posting and publishing are on file in the Office of the City Clerk. The City Manager then presented a report dated July 19, 1967, from the Public Works Director reviewing previous action taken by the City Council on the installation of the lighting district and further presenting the combine modified preliminary final report of the City Engineer which outlines three alternatives available for approval by the City Coundl to take advantage of the new lower rates for mercury vapor lighting. In response to questions from Councilman Bowen, the Assistant Traffic Engineer explained the City's policy in requiring mercury vapor lamps and the replacement of lamps. In response to a question from Mayor Harvey, the City Manager explained the lighting district per parcel assessment charges as proposed for Alternate No. 1. There being no written connnunications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel and seconded by Councilman Bowen to approve Alternate No. 1 of the Modified Preliminary Final Report and to adopt the following Resolution, title as follows: July 24, 1967 RESOLUTION NO. 800 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY, DATED MAY 22, 1967, PREPARED PURSUANT TO RESOLUTION NO. 777 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NO. 779 OF SAID COUNCIL, AND THE PLAN, SPECIFICATIONS, ESTIMATE AND ASSESSMENTS CON- TAINED IN SAID REPORT: ORDERING THE INSTALLATION OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT: ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHT- ING SYSTEM: AND FORMING THE LIGHTING DISTRICT ANNEXATION REFERRED TO IN RESOLUTION OF INTENTION NO. 779 AND RESOLUTION APPOINTING THE TIME AND PLACE FOR HEARINGS NO, 778, ALL IN ACCORD WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919" The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 801 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT AND ORDERED TO BE INSTALLED BY RESOLUTION NO. 779 OF SAID COUNCIL, ALL IN ACCORD WITH AND PURSUANT TO THE PRO- VISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919". 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 Noe and seconded by Councilman Kanel to adopt the following Resolution, title as follows: RESOLUTION NO. 802 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, LEVYING ASSESSMENTS ON PARCELS OF LAND LOCATED IN THAT AREA KNOWN AS CITY OF CYPRESS LIGHTING DISTRICT NO.2 TO PAY FOR THE COST OF THE INSTAL- LATION, MAINTENANCE AND FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM FOR THE PERIOD FROM JANUARY 1, 1968 THROUGH DECEMBER 31, 1968, PURSUANT TO THE REPORTS OF THE CITY ENGINEER OF SAID CITY ALL IN ACCORD WITH AND PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919" 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 July 24, 1967 Mr. Goldin stated that the letter he had presented was a Subdivision Report from the Division of Real Estate which states that the area under consideration was anticipated to be used for conmaercial purposes. He stated that the reason for this statement was to assure that an individual interested in purchasing a home in that Tract would be aware of ~e fact that there may be a cormnercial lot adjacent to the Tract. Mr. Dilts again addressed the City Council further protesting the zone change as well as the lot sizes in Tract 6276 stating that with the smaller lot sizes, more consideration should be given to providing park sites instead of service stations. He further commented on several service stations in the area which had gone out of business and still others whose ownerships have changed frequently due to lack of business. He also requested clarification as to the Highway classification of Bloomfield Street and on his right to protest such a Zone Change even though he is not a resident in Cypress. Mayor Harvey referred Mr. Dilts' various questions and statements to n~mbers of the Staff. The City Manager, in response to Mr. Dilts' comments about the size of the lots in Tract 6276, explained the provisions for subdivision development under the optional design standards of the City. The City Manager further advised that Bloomfield Street is a secondary highway and is on file as such with the County of Orange. The Planning Director reviewed for Mr. Dilts the results of a study that had been prepared by the Planning Department relative to the number and locations of service stations in and around the Cypress area. The City Attorney then advised Mr. Dilts that as this was a public hearing, he was in his right to voice his objections. The Mayor then advised that the Public Hearing was only to consider protests relating to the proposed Zone Change and not the particular use planned for the subject property and further advised Mr. Dilts that the Council could only take into consideration at this time his protests regarding the zone change. Councilman Bowen stated that he did not feel that the area of Orange Avenue and Bloomfield Street generated sufficient traffic to support the location of a service station operation. There being no written communications and no further oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD STORES), ZONE CHANGE NO. Z-158 It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the first reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Noe, and Harvey Bowen None CONSIDERATION OF ADOPTION OF ORDINANCE REDUCING COMPOSITION OF PLANNING COMMISSION: The Mayor advised that Item 7a regarding consideration of reducing the number of Planning Commissioners had been added to the agenda for consideration at this time. The City Manager sun~arized previous discussions held by the City Counc~ regarding the advantages and disadvantages of a seven-man verses a five- man Planning Commission. July 24, 1967 General discussion ensued and in response to questions from various Councilmen the City Manager stated that a savings would be afforded the City if the number of members on the Planning Commission was reduced to five, not only in the monthly salary of the Planning Commissioners but in the costs involved in the preparation of reports, agendas, and other materials. Mayor Harvey stated that in his experience on the Planning Commission it was his opinion that a seven-man Commission provided more varied opinions and ideas and that, with the expiration of terms, the actual number of experienced Con~nissioners would be reduced to two or three individuals in the event a five-man Commission were approved, which would make the Planning Commission less effective in its operation, and for this reason, he would wish to retain a seven-man Planning Commission. Councilman Kanel stated that he feels there are favorable items to be considered in both the five and seven man Corfanission and feels that consideration should be given to reducing the Planning Commission member- ship to five on a trial basis and if this procedure is found to be ineffective, it would be possible to again utilize the seven-man Planning Coranission. In response to a question from Mayor Harvey, the City Attorney reviewed the provisions of the City Code relating to the definition of a term. Mayor Harvey then stated that one of the Planning Commissioners whose term was to expire had not served eight years. At the request of the City Council, the City Manager explained that Commissioner Baroldi had not served eight years in his two terms of office which was due to a dis crepancy in the staggered terms of the Planning Commissioners which existed at the time of Mr. Baroldi's re-appointment and in order to restore the staggered terms as provided for in the City Ordinance, the City Council at that time re-appointed Mr. Baroldi for a three-year term. In response to a question from Councilman Kanel, the City Attorney advised that in order to reduce the number of members serving on the Planning Commission, it would be necessary to adopt an ordinance amending Section 2-20 of the Cypress City Code relating to the number of Planning Commission members. It was further suggested by the City Atmrney that the Ordinance be declared an emergency ordinance and that it take effect immadiately so as to enable the Planning Commission to conduct business immediately as a five-member Commission. It was moved by Councilman Kanel and seconded by Councilman McCarney to read by title only, an emergency ordinance changing the number of members on the Cypress Planning Commission by amending Section 2-20 of the City Code, said Ordinance to be effective prior to the pending expiration of the terms of two Planning Commissioners. The following roll call vote was taken on Councilman Kanel's motion: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, and Noe Harvey None The motion failed to carry. RECESS: The Mayor declared a five-minute recess at 9:17 p.m. The meeting was called back to order at 9:26 p.m., all City Councilmen being present. Councilman Noe and Mayor Harvey stated that rather than adopt an emergency ordinance, they would prefer to continue consideration of this matter until the August 14, 1967 meeting of the City Council, to allow sufficient time to reflect upon the discussions that had been offered for and against reducing the number on the Planning Commission before voting on the matter. The City Attorney advised that since the motion to read the emergency ordinance by title only had failed to pass, it would be necessary for him to read the Ordinance in full. The City Attorney then read in full the following Ordinance: July 24, 1967 ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-20 OF THE CODE OF THE CITY OF CYPRESS TO REDUCE THE NUMBER OF MEMBERS OF THE PLANNING COMMISSION FROM SEVEN TO FIVE THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: Section I: Section 2-20 of the Code of the City of Cypress is amended to read in full as follows: "Section 2-20. Established; composition A planning commission is established with membership, powers and duties as provided in this chapter and by the statutes of the state. The planning commission shall consist of five members." Section II: The facts constituting the urgency are that the terms of two members of the commission will expire on August 5, 1967, prior to the time when a regular ordinance would become effective, and the commission then would be required to function with two vacant seats until such time. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the__day of , 1967. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Emergency Ordinance was adopted at a regular meeting of the said City Council held on the day of , 1967, by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUCNILMEN: CITY CLERK OF THE CITY OF CYPRESS The City Manager explained that with the adoption of an Emergency Ordinance, the Ordinance becomes effective immediately while a regular Ordinance requires first and second readings and does not become effective until thirty days a~r the second reading. The City Manager further suggested that the problem of obtaining a quorum of the Planning Commission for items which require four-fifths vote would be resolved with the Emergency Ordinance. If the regdar Ordinance procedure were utilized, the Commission would be required to function with two vacancies for a minimum of forty- five days. It was moved by Councilman Kanel and seconded by Councilman Noe to continue consideration of both the adoption of an emergency ordinance amending Section 2-20 of the Cypress City Code reducing the composition of the Planning Commission from seven to five members, and the appointment of Planning Commissioners, until the next City Council meeting to be held August 14, 1967. The motion was carried by the following roll call vote: July 24, 1967 AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Noe, and Harvey Bowen None Following general discussion, it was moved by Councilman Kanel and seconded by Councilman McCarney to direct the City Attorney to prepare an Ordinance amending Section 2-20 of the Cypress City Code reducing the composition of the Planning Cormnission from seven to five members to be considered at the City Council meeting of August 14, 1967. Councilman Kanel explained the purpose of his motion stating that he feels the City Council should have the option of adopting an Ordinance through regular procedures if they feel they are against adopting an Emergency Ordinance. Councilman Kanel's motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, and Noe Bowen and Harvey None Mayor Harvey addressed the members of the audience stating that as appoint- ments to the Planning Commission will also be considered at the August 14, 1967 meeting, citizens are welcome to submit application to the City Manager. CONSIDERATION OF APPROVAL OF FINAL TRACT MAP NO. 6214 (LARWIN COMPANY): The City Manager presented Final Tract Map No. 6214 located on the north side of Ball Road between Denni and Bloomfield Streets, containing 105 lots, 20.091 acres, as requested by the Lazwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Public Works Dire ctor presented a report dated July 18, 1967, reviewing the subject map and recommending approval subject to the Deve loper's compliance with certain conditions. He further explained that the only requirement which was yet to be completed was the receipt of the properly executed copy of the Amendment to the Memorandum of Understanding to the 2-A Drainage Agreement regarding financing and construction of storm drain facilities in the 2-A Drainage District. It was moved by Councilman McCarney and seconded by Councilman Noe to approve Final Tract Map No. 6214, accept the bonds and agreements for public improvements in the amount of $177,000.00 which is not less than 50% and not more than 100% of the total improvements; authorize the Mayor and City Clerk to sign the bonds and agreements and authorize the City Clerk to sign the record map upon completion of the following conditions: 1. Approval of the bonds and agreements by the City Attorney. Receipt by the City Clerk of the properly executed copy of the Amendment to the Memorandum of Understanding to the 2-A Drainage Agreement regarding financing and construction of storm drain facilities in the 2-A Drainage District. 3. Completion of corrections required on the improvement plans. Approval by the City Attorney of the letter from the developer's engineer regarding the cost of monumentation. Acceptance by the subdivider of the above requirements as conditions of map approval. Mr. Lee Goldin addressed the City Council stating that Larwin Company is in agreement with all conditions imposed with the exception of the requirement that a block wall be installed along the boundary of the remrding basin inasmuch as there is an existing chain link fence at this location. General discussion ensued regarding the requirement to construct the block wall along the boundary of the retarding basin and it was generally agreed that this condition should remain as a requirement and that the chain link fence should be removed and a block wall fence constructed at this location. July 24, 1967 109 The moron made by Councilman McCarney to approve Final Tract Map No. 6214 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 AWARD OF CONTRACT FOR PUBLICATION OF LEGAL ADVERTISEMENTS: The City Manager presented a report dated July 20, 1967, reviewing bids which had been received in the Office of the City Clerk for award of contract for publication of legal advertisements for the City. Councilman Kanel requested permission to leave the podium at this time and stated for the record that he is neither a stock holder in the Los Alamitos- Cypress News Enterprise nor an officer in the corporation which owns the Newspaper and that his capacity with the Newspaper is that of an independent contractor. The City Manager advised that the City Attorney's opinion in reference to Councilman Kanel's relationship with the Los Alamitos-Cypress News Enterprise was that it would not create a conflict of interest if the City Council were to sard the contract for legal publications to the Los Alamitos-Cypress News Enterprise. It was moved by Councilman Bowen and seconded by Councilman Noe to determine that the bid proposal dated June 26, 1967, from the Los Alamitos-Cypress News Enterprise for the publication of legal notices, be accepted as the lowest and best bid and that the City Council authorize the staff to utilize the News-Enterprise for the required legal publica- tions during the 1967-68 fiscal year. Mayor Harvey stated that he would hesitate to award the contract to a newspaper with which a City Councilman has had close association in the past due to the unfavorable reflection it might have on the City of Cypress. The City Manager presented a con~nunication dated April 26, 1966, from Mr. Paul J. Erskine, Publisher of the Los Alamitos-Cypress News Enterprise verifying that Councilman Kanel has no stock interest in the Newspaper and that he is not an officer in the Corporation which owns the Newspaper. Councilman Noe stated that since the record reflects a statement by Councilman Kanel as well as a communication from the Publisher of the Newspaper that he has no interest in the newspaper and the City Attorney has confirmed the fact that no conflict of interest exists, and since the Los Alamitos-Cypress News Enterprise has submitted the lowest bid and has the largercirculation within the City of any of the newspapers submitting proposals, he could foreseeno problems in awarding the contract to the Los Alamitos-Cypress News Enterprise. Mr. Paul Ersking, Publisher of the Los Alamitos-Cypress News Enterprise addressed the Council reiterating the statements made in his communica- tion of April 26, 1966, and further stating that he would be willing to publish a statement to this effect in the Newspaper so as to avoid any unfavorable reflection upon the City. The following roll call vote was taken on Councilman Bowen's motion: AYES: 3 COUNCILMEN: Bowen, NOES: 1 COUNCILMEN: Harvey ABSENT: 1 COUNCILMEN: Kanel McCarney, and Noe COUNCILMAN KANEL RETURNED TO HIS CHAIR ON THE PODIUM AWARD OF BID FOR HARLEY-DAVIDSON POLICE MOTORCYCLE: The City Manager presented a report reviewing bids which were received in the Office of the City Clerk for a 1967 Harley-Davidson Police Solo Motorcycle. Copies of these bids are on file in the Office of the City Clerk. The City Manager stated that due to an error in the specifications the total bid amounts do not reflect the cost of a seat for the motorcycle, which would raise the total cost by $10.50. July 24, 1967 It was moved by Councilman Noe and seconded by Councilman Bowen to determine that the lowest and best bid for a 1967 Harley-Davidson Police Solo Motorcycle was submi~ed by Red's Harley-Davidson, Inc. 537-A West Valencia Drive, Fullerton, California, in the total amount of $2,204.90. 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 ADOPTION OF RESOLUTION RE: POSITION CLASSIFICATION PLAN FOR CITY OF CYPRESS: The City Manager presented a report dated July 17, 1967, transmitting copies of the Position Classification Plan for the City of Cypress, which is required in accordance with Resolution No. 703 which established rules and regulations regarding employment conditions for municipal employees. The City Manager advised the City Council of an error which exists in paragraph 2 of the Class Specification for Assistant Traffic Engineer in~lwhich Assistant City Engineer should be changed to read "Civil Engineer Associate". It was moved by Councilman Bowen and seconded by Councilman McCarney to adopt the following Resolution, title as follows: RESOLUTION NO. 803 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE COMPETITIVE SERVICE OF THE CITY OF CYPRESS In response to a question from Councilman McCarney, the City Manager explained the difference between competitive and non-competitive position classifications. The motion to adopt Resolution No. 803 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 MONTHLY ACTIVITY REPORT--JUNE 1967: It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to receive and file the Monthly Activity Report for June 1967. SUMMARY OF RECEIPTS AND EXPENDITURES FOR FINAL QUARTER ENDING JUNE 30~ 1967: The City Manager presented a report dated July 20, 1967, transmitting the final quarterly report of revenues and expenditures for the fiscal year 1966-67. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, this report be received and filed. VARIANCE REPORT OF REVENUES AND EXPENDITURES - 1966-67 FISCAL YEAR: It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to receive and file the Variance Report of Revenues and Expendi- tures for the 1966-67 fiscal year. APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 17349 THROUGH 17407: It was moved by Councilman Noe and seconded by Councilman Bowen to approve the Comr~rcial Warrant List, Warrants No. 17349 through 17407 in the total amount of $54,635.92. 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 July 24~ 1967 ORAL COMMUNICATIONS: There were no oral communications presented at this time. ADJOURNMENT: It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to adjourn the meeting at 10:37 p.m. ATTEST: C~T¥ C~ ~ ~E C~T¥ 0~ ~SS July 24, 1967