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Minutes 67-12-11 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD December 11, 1967 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, December 11, 1967, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert C. Harvey presiding. PRESENT: ABSENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey 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 Noe, seconded by Councilman McCarney, and unanimously carried to approve the Minutes of the Adjourned Regular City Council meeting of October 10, 1967. Mayor Harvey indicated that he would like his statements in the first sentence of the second paragraph on page 6 to read: "Mayor Harvey stated that the location under discussion was essential for the develop- ment of a regional shopping center and that even though the E.R.A. report had indicated that either Walker Street and Ball Road or Valley View Street and Ball Road would be the best location for a regional shopping center, he did not believe the development under construction at Ball Road and Walker Street should eliminate the possibility of a regional shopping center being located at Valley View Street and Ball Road." Councilman Bowen stated that he would like "regional" in the first paragraph on page 6 to be changed to read "community". It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to approve the Minutes of the regular Council meeting of November 27, 1967, as corrected. Mayor Harvey indicated that he would like paragraph 8 on page 1 of the Minutes of the Adjourned Meeting of December 4, 1967, to read: "Mayor Harvey indicated that he favored the crosswalk at Newman and Peach Streets; however, he felt that a dangerous situation would be created with the painting of a crosswalk at Nancy and Newman Streets since it would give the children a false sense of security." It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried, the Minutes of the Adjourned Regular Meeting of December 4, 1967, be approved as corrected. The City Manager advised the City Council that Mr. Ritchie and Mr. Gutzman had been appointed to the Civic Center Corporation Board of Directors at a recent meeting held by the Corporation. The City Manager suggested that the Council may wish to consider scheduling the quarterly meetings between the City Council and the Cypress Chamber of Commerce Board of Directors, and the City Council and Cypress Planning Commission. After discussion, it was unanimously agreed to schedule the joint quarterly meeting with the Cypress Chamber of Commerce Board of Directors for Monday, January 15, 1968, at 7:30 p.m. It was also unanimously agreed to schedule the joint meeting with the Cypress Planning Commission for Monday, January 22, 1968, at 4:00 p.m. be followed by dinner. to The City Manager stated that the Police Chief has extended an invitation to the City Council to attend the first full-dress inspection of the Police Department to be held at 8:00 a.m. on Monday, December 18, 1967. December 11, 1967 The City Manager indicated that the City had received a Claim for Damages from a person whose car was damaged as a result of driving through a newly oiled portion of Walker Street. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried to place this matter on the agenda for consideration at this time. The City Manager presented a Claim for Damages dated December 6, 1967, which has been filed against the City by Mr. Mario Ciccarelli, 5741 Marcella Circle, Cypress, for costs incurred as a result of driving through road oil which had been sprayed on Walker Street. The road oil project was performed in conjunction with the development of a residential subdivision in the City and the contractor failed to install the necessary barricades which were required to deter traffic from driving on the newly oiled portion of the roadway. In response to a question from Councilman Kanel, the City Manager and City Attorney reviewed the methods by which those persons whose cars were damaged as a result of driving on the newly oiled surface could be compensated for repairing the damages to their cars. T~e City Manager stated that, since the City was not responsible for the oil being sprayed on the street, it would appear that the best solution would be for the City Council to deny the claim and refer the matter to the City's insurance carrier for settlement. In answer to a question from Councilman Kanel as to whether or not the Council could hold this matter in abeyance until it is determined what action would be taken on this matter, the City Attorney advised that the Council is required to take action on Claims for Damages within 45 days and that final settlement would be expedited through the denial of the claim and referral to the City's insurance carrier. It was moved by Councilman Noe and seconded by Councilman Bowen to deny the Claim for Damages filed by Mario Cicarelli, 5741 Marcella Circle, Cypress, and to refer this matter to the City's insurance carrier for settlement. As Councilman Kanel expressed concern as to the City's responsibility for this damage, the City Attorney explained that the City was not involved in this project and, therefore, would not be responsible for any damages incurred. Councilman Noe's motion for denial of the Claim was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, McCarney, Noe, and Harvey Kanel None The City Manager reviewed proposed letters to be sent to community organiza- tions and individuals inviting their participation in the Town Hall meeting to be held on January 10, 1968, regarding drainage problems and requested the Council to provide names of any additional organizations or individuals that should be contacted. The City Manager advised the Council that he had been requested to serve on a discussion panel at a Housing Conference sponsored by the State Department of Housing and Community Development to be held on January 31 and February 1, 1968. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to authorize the City Manager to attend the Housing Conference scheduled to be held in Sacramento on January 31 and February 1, 1968, and further that all actual and necessary expenses be reimbursed. RECESS: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to recess at 4:50 p.m. until 7:30 p.m. December 11, 1967 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, Public Works Director Arthur Schatzeder, Finance Director Jim Gr~ssom, Police Chief George Savord, Building Superintendent Tom Nudson, and Administrative Assistant Gene Poertner. PRESENTATION OF RESOLUTIONS TO WOMEN'S CLUE AND CYPRESS CHAMBER OF COMMERCE RE: FIRST ANNUAL BEAUTIFICATION DAY PROGRAM: It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE MEMBERS OF THE WOMBN'S CLUB OF CYPRESS AND THE CYPRESS CHAMBER OF COMMERCE FOR CONTRIBUTING TO THE SUCCESS OF THE FIRST ANNUAL BEAUTIFICATION PROGRAM IN THE CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCaraey, Noe and Harvey None None Mayor Harvey then read the above Resolution in full and presented a signed copy to Mrs. Howard Mann representing the Women's Club of Cypress and Mr. Orrin Maybee representing the Cypress Chamber of Commerce and extended the Council's appreciation for the efforts of the members of both organizations in contributing to the success of the Beautification Program. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to add Consideration of the Drainage Study as Item 27 on the agenda for this meeting. Since Item 2 on the agenda was a public hearing scheduled for 8:00 p.m., it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to proceed to Item 6 on the agenda at this time. COMMUNICATION FROM SOUTHERN CALIFORNIA EDISON COMPANY RE: REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES: The City Manager reviewed a communi- cation dated November 8, 1967, from the Southern California Edison Company which was addressed to the Public Utilities Commission estimating the 1968 budget of the Edison Company for the replacement of overhead with underground facilities in each of the cities and counties in the Edison Company's service area. The communication indicates that an amount of $16,200 has been budgeted for this conversion within the City of Cypress during 1968. In response to a question from Councilman Bowen, the City Manager advised that the areas in which the underground facilities would be installed would be determined by the City Council. It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried this communication be received and filed. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: UNDERGROUND UTILITIES: The City Manager reviewed a communication dated November 14, 1967, from the League of California Cities outlining the recent rulings of the Public Utilities Commission regarding underground utilities. The communication ~ndicated that the Public Utilities Commission will require all utilities to give greater emphasis to conversion of overhead to underground facilities. The communication further advised that an appropriate ordinance enabling cities to take advantage of these new rulings on undergrounding utilities will be forwarded in the near future. December 11, 1967 It was moved by Councilman McCarney, seconded by Councilman Bowen and unanimously carried this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: APPOINTMENT OF CITY REPRESENTATIVE TO MOSQUITO ABATEMENT BOARD: The City Manager reviewed a comnunication dated November 21, 1967, from the Orange County Mosquito Abatement District notifying the City that Councilman Kanel's term of office as representative of the City of Cypress on the Orange County Mosquito Abatement District's Board will expire on December 31, 1967, and requesting that the City Council either reqppoint Councilman Kanel or a successor to him for the two-year term of office which will expire on December 31, 1969. Councilman Kanel indicated that he had enjoyed serving on the Mosquito Abatement Board and would be willing to accept reappointment. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried to reappoint Councilman John Kanel as the City of Cypress representative on the Orange Co~ty Mosquito Abatement District Board for the two-year term to expire on December 31, 1969. COMMIrNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: BOARD OF TRUSTEES MINUTES: The City Manager reviewed a communication dated November 22, 1967, from the Orange County Mosquito Abatement District transmitting a copy of the Minutes of the meeting of the Board of Trustees held on November 16, 1967, and indicated that a copy of these minutes is on file in the Office of the City Clerk. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried this communication be received and filed. COMMUNICATION FROM CITY OF ANAHEIM RE: RESOLUTION OPPOSING FEDERAL TAX SHARING PRINCIPLE: The City Manager presented a cormnunication dated November 27, 1967, ~rom the City of Anaheim transmitting a copy of the Resolution of the Anaheim City Council opposing the principle of Federal Tax Sharing. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried this communication be received and filed. COMMUNICATION FROM LOCAL AGENCY FORMATION COMMISSION RE PROPOSED ANNEXATION TO CITY OF LA PALMA: The City Manager reviewed a communication dated November 27, 1967, from the Local Agency Formation Commission advising the City that a hearing will be held on December 13, 1967, on a proposed annexation to the City of La Palma designated as Annexation No. 67-1. The proposed annexation is a parcel of land 3.38 acres in size located north of the Pacific Electric Railway Tracks and east of the Moody Creek Channel. The City Manager indicated that the proposed annexation appears to be a logical extension of the boundaries of the City of La Palma and there appears to be no reason to protest the proposed annexation. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried this communication be received and filed. COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: TRANSFER OF ON-SALE BEER LICENSE <ROSE BOWL POOR HOUSE): The City Manager reviewed a communi- cation dated November 20, 1967,. from the Alcoholic Beverage Control Board notifying the City of an application for transfer of an on-sale beer license at the Rose Bowl Poor House, 4352 Lincoln Avenue, Cypress, from J. W. and Rita Yaeger to Rex O. McDonald. The Police Department upon completion of an investigation could find no legal reason to protest the application. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried this communication be received and filed. COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: TRANSFER OF ON-SALE BEER LICENSE (THE WOLVERINE): The City Manager reviewed a communication dated November 27, 1967, from the Alcoholic Beverage Control Board notifying the City that an application has been filed for transfer of an on-sale beer license at the Wolverine Beer Bar located at 6395 West Ball Road, Cypress, from Jocol Enterprises to Carol A. Taylor. December 11, 1967 207 The City Manager reviewed the rules of the Alcoholic Beverage Control Board which allow both the City Council and Police Chief to protest alcoholic beverage licenses and suggested that the City Council consider alcoholic beverage applications as they pertain to community values and allow the Police Chief to review and protest alcoholic beverage applications as they relate to the background of the applicant. Following general discussion, it was agreed that the City Council in following this procedure would be advised of any protests made by the Police Chief to applications for alcoholic beverage licenses within the City. It was moved by Councilman Noe, seconded by Councilman Bowen, and unani- mously carried, this communication be received and filed. COMMUNICATION FROM GENERAL TELEPHONE COMPANY RE: APPLICATION FOR RATE INCREASE: The City Manager presented a communication dated December 6, 1967, from General Telephone Company advising the City Council that an application has been filed by General Telephone Company with the Public Utilities Commission for a rate increase. The City Manager indicated that the percentage rate increase would vary with the type of residence or business service and would range from an increase of 5.79 percent for four-party residences to a high of 26 percent for two-party residence services. He further indicated that the Council would be advised of any further action to be taken by the Public Utilities Commission. Mr. Ralph Bates, 5044 Melbourne Drive, Cypress, addressed the Council as a representative of General Telephone Company and advised that the last rate increase by General Telephone Company had been in 1958. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried this communication be received and filed. RECESS: It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried to recess at 7:57,p.m. The meeting was called back to order at 8:00 p.m. all City Councilmen being present. PUBLIC ~EARING RE: MODIFICATION OF CONDITIONAL USE PERMIT NO. C-166, #3 (LARWIN COMPANY): The Mayor announced this was the time and place for the Public Hearing to consider an application for modification of a conditional use permit to allow the construction of single-family resi- dences in the P-D (Planned Development) zone on property generally located south of Orange Avenue, north of Ball Road, east of Bloomfield Street, and west of Denni Street, requested by La~win Company, 9300 Wilshire Boulevard, Beverly Hills, California, known as Conditional Use ~ermit No. C-166 #3. 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 mailing of the Public Hearing notices for this matter are on file in the office of the City Clerk and no communications have been received in opposition to the permit. The Assistant City Manager reviewed the recommendation of the Planning Conmission, including the recommended conditions of approval. In response to a question from Councilman Bowen concerning Condition No. 5, the Public Works Director indicated that reference was made to th~ school site in this condition since at the time the original conditional use permit was considered, Larwin Company had not purchased the school property for residential development. He further advised that the alignment of the West side drain has been accomplished as outlined in this condition. The Mayor asked if anyone in the audience wished to speak in favor of the subject Conditional Use Permit. Mr. Lee Goldin, Vice President of Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, addressed the Council speaking in favor of the subject permit. December 11, 1967 Mr. Peter Van Ruiten, 9432 South Bloomfield Street, Cypress, addressed the Council inquiring as to the total acreage of the school site which is to be developed as single-family residences, and was advised by Mr. Goldin that the school site contained 10 gross acres. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Noe and seconded by Councilman McCarney to approve Modification of Conditional Use Permit No. C-166, #3 subject to the following conditions: All landscaping plans for the townhouse section shall be approved by the City Staff. A swimming pool with clubhouse and cabana shall be provided for the townhouse development; the size of the pool shall be equi- valent to that of the model site of the Tanglewood Townhouses. All C.C. & R's shall be approved in detail, prior to the issuance of building permits for the townhouses. All b~ilding setbacks shall be no less than those required in the R-4 zone for the townhouses. The west side drain shall be aligned within the street right- of-way and in an easement across the school property and in an easement between lots at the intersection of "O" and "U" Streets. Minimum setback from back of sidewalk to garage door shall be twenty feet (20'). The final building location on the lot shall be approved by the Planning Director. All conditions imposed upon approval of Tentative Tract Map. No. 5374, Revised, shall apply to this Conditional Use Permit Modification. Houses constructed on single-family lots shall be Larwin Company "Greenb rook" or "Contempo" type. 10. Townhouse accessory structures for the parking of motor vehicles shall be garages instead of carports. 11. Approval of Conditional Use Permit Modification is subject to the execution of a satisfactory Agreement between the Larwin Company and the City of Cypress regarding the provision for and financing of drainage facilities. 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 PUBLIC HEARING RE: CONSIDERATION OF AMENDMENT TO OPTIONAL DESIGN STANDARDS: The Mayor announced this was the time and place for the Public Hearing to consider an amandment to Section 25-41, and Division 2 of Chapter 25, Sections 25-53 through 25-56 of the Cypress City Code, and Sections 106.10, 107.10,108.10,109.10, and 110.10 of the Zoning Ordinance of the City of Cypress, Appendix I to such Code, relating to Subdivision Optional Design and Improvement Standards, as initiated by the Cypress Planning Conm~ission. 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 ofz the Public Hearing notices for this matter are on file in the office of the City Clerk and no communications have been received regarding this matter. December 11, 1967 The Assistant City Manager reviewed a report dated December 7, 1967, from the Planning Director which outlined the reasons for proposing the amend- ment to the Optional Design provisions of the Zoning Ordinance. Following general discussion regarding the reasons for two of the Planning Commissioners voting in opposition to the proposed amendment, it was suggested that this hearing be continued to allow further explanation by the Planning Director. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to continue the Public Hearing on consideration of amendments to the Optional Design Standards until the regular meeting of December 26, 1967. PUBLIC HEARING RE: APPLICATION OF TEXACO, INC. FOR PIPELINE FRANCHISE: The Mayor announced this was the time and place for the Public Hearing to Consider protests to the granting of a franchise to Texaco, Inc., to lay and use pipelines and other properties and facilities with their a-purtenances in, under, along, across or upon the public streets, ways, and alleys. The Mayor declared the Public Hearing open. The City Manager stated that the Affidavits of posting and publishing of the Public Hearing notices are on file in the office of the City Clerk and no written communications have been received in opposition to the requested franchise. The City Manager presented a report dated December 7, 1967, reviewing the request of Texaco, Inc. for a franchise to construct, operate and maintain a system of pipelines within the public rights-of-way within the City of Cypress. The franchise, if granted, requires the payment of an annual franchise fee of two percent of the gross annual receipts. The Mayor asked is anyone in the audience wished to speak in favor of the proposed franchise. Mr. Bob Richards, representing Texaco, Inc., 3350 Wilshire Boulevard, Los Angeles, addressed the Council stating that the franchise basically provides for the existing facilities which were originally constructed prior to the incorporation of the City of Cypress and were, therefore, franchised by the Orange County Board of Supervisors. In response to a question from Councilman Kanel, the City Attorney explained that the franchise does not provide for a time limit due to the provisions of the 1939 Franchise Act. He further advised that the franchise would not in any way affect the operation of the Texaco Tank Farm located in the City. There being no written communications or oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to read the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING TO TEXACO, INC., ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, LAY, OPERATE, MAINTAIN, USE, RENEW, REPAIR, REPLACE, MOVE, CHANGE THE SIZE AND NUMBER OF, AND REMOVE OR ABANDON IN PLACE A SYSTEM OF PIPELINES AND APPURTENANCES, FOR THE PURPOSE OF CONDUCTING, TRANS- PORTING, CONVEYING AND CARRYING OIL OR OTHER PRODUCTS THEREOF, ON, ALONG, IN, UNDER AND ACROSS THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF CYPRESS, TOGETHER WITH THE RIGHT TO CONSTRUCT, OPERATE, MAINTAIN AND USE A PRIVATE COMMUNICATION SYSTEM TO BE USED IN CONNECTION WITH THE OPERATION AND MAINTENANCE OF SAID SYSTEM OF PIPELINES AND APPURTENANCES AS AFORESAID. It was then moved by Councilman Bowen and seconded by Councilman Noe to approve the first reading of this Ordinance. The motion was unanimously carried by the following roll call vote: December 11, 1967 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCaraey, Nee, and Harvey None None CONSIDERATION OF ACCEPTANCE OF WALKER STREET IMPROVEMENTS ~ PHASE I (C.E. HURLEY): The City Manager presented a report from the Public Works Director advising that construction of Phase I of the Walker Street improvements has been satisfactorily completed by C. E. Hurley Contracting Corporation in accordance with the plans and specifications for this project. The report further indicated that final quantities for curb and gutter and driveways and sidewalks which the property owners along Walker Street had agreed to pay, were calculated and the property owners will be billed for the cost of these installations. In response to a question from Councilman Bowen, the Public Works Director advised that the contractor had posted faithful performance and labor and materials bonds guaranteeing satisfactory completion of the work. In response to inquiries from various Councilmen, the Public Works Director advised that the necessary repairs to the driveways on Walker Street had been accomplished in accordance with the agreements between the City and the property owners, and that he had received no further complaints regarding the condition of the driveways. In answer to a question from Councilman Bowen, the Public Works Director advised that the trees which were removed from one of the properties on Walker Street during the driveway installations would be replaced by the City Street Maintenance Division during its tree planting operations. General discussion ensued in regard to the extent of the blading operations from the property to the curb line on Walker Street. Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the Council, indicating that he had thought that the property would be bladed to the curb line. He further indicated that he thought the workmanship on the project had been poor. Councilman Kanel indicated that since there had been minunderstandings between the City and the property owners regarding this project, steps should be taken to assure that these same misunderstandings will not occur during construction of the second phase of the Walker Street construction. He further indicated that he would be in favor of the City contacting the property owners and offering to have any excess dirt removed. In response to a question from Mayor Harvey the City Manager advised that C. E. Hurley Contracting Corporation had fulfilled his contract obligation. He further indicated that the plans for Walker Street did not specify more than 2:1 slope which has been accomplished. He also stated that if the Council would wish to correct the slope problem which exists on various lots, it would require an expenditure of approximately $500 and would be in addition to the work contracted by C. E. Hurley. Councilman Kanel stated that inasmuch as the City is anticipating commencing construction on Phase II of the Walker Street construction, it would be to the City's benefit to take the necessary steps to assure that the property owners involved in the Phase I construction are satisfied'with the work. Councilman Bowen suggested that if the properties on Walker Street are bladed to the Curb line, he would like to see this work included as a part of the second phase of the construction. He further indicated that since Walker Street would be a heavily traveled highway if it is extended through to Katella Avenue, he felt that provisions should be made to insure that it is improved in such a way as to provide a favorable impression of the City of Cypress on the passing motorist. Mayor Harvey indicated that he felt that the contractor had fulfilled his obligation as contained in the contract and felt that any additional improvement the City Council would wish would have to be undertaken separately. Mayor Harvey further stated that the City has made every effort to fulfill its obligations and he objects to the repeated inferences that the City was not concerned with the problems of its citizens. December 11, 1967 It was moved by Councilman Bowen and seconded by Councilman Noe to accept Phase I of the Walker Street Improvements from Lime Avenue to 660' north of Ball Road as being constructed in accordance with plans and specifications and that the City Clerk be authorized to release the faithful performance bond in 90 days and the labor and materials bond in 180 days, providing no mechanic's liens have been filed. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None , Kanel, McCarney, Noe, and Harvey Following general discussion, it was moved by Councilman Noe to refer the regrading of the driveways on Walker Street to slope to curb line to the Public Works Director for preparation of the cost estimate to be reviewed by the City Council. Councilman Bowen seconded Councilman Noe's motion with the added statement that each of the property owners involved by contacted to determine which ones would wish their property sloped to the back of curb line. Following general discussion regarding the desirability of contacting all of the property owners, Councilman Noe agreed to include the notification of property owners as part of his motion. Councilman Noe's motion was then unanimously carried. CONSIDERATION OF APPROVAL OF FINAL TRACT MAP NO. 6489 (LARWIN COMPANY): The City Manager presented a report from the Public Works Director advising that the final map for Tract No. 6489, which is located north of Ball Road between Denni and Bloomfield Street consisting of 82 R-1 lots, 13.812 acres, submitted by Larwin Company, has been checked by the Engineering Division and found to be technically correct. The Public Works Director presented a map showing the layout of the proposed Tract and indicated that this property had previously been proposed for development as a school site. It was moved by Councilman Bowen and seconded by Councilman McCarney to approve Final Tract Map No. 6489, accept the bonds and agreements for public improvements in the amount of $100,900.00 which is not less than 50 percent and not more than 100 percent of the total improvements; authorize the Mayor and City Clerk to sign the agreements and authorize the City Clerk to sign the record map upon completion of the following requirements: 1. Approval of bonds and agreements by the City Attoraey. 2. Completion of corrections required on the improvement plans. Acceptance by the subdivider of the above requirements as conditions of map approval. 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 CONSIDERATION OF APPROVAL OF PROPOSED ARTERIAL HIGHWAY FINANCING PROJECTS FOR TRANSMITTAL TO ORANGE COUNTY ROAD DEPARTMENT: The City Manager pre- sentned a report dated December 11, 1967, reviewing the scope of those projects which are recommended to be transmitted to the County of Orange for inclusion in the Orange County Arterial Highway Financing Program for the 1968-69 fiscal year. The projects include the improvement of portions of Moody Street and Orange Avenue in conjunction with the development of the Cypress Elementary School Administrative office~ at the north east corner of Moody Street and Orange Avenue; the opening of Walker Street from Cerritos to Katella Avenue, including traffic signalization at both Cerritos and Katella Avenues; and widening of Bloomfield Street Bridge across the Carbon Creek Channel in cooperation with the City of Los Alamitos. The total cost of the three projects amounts to $330,100 with the City providing $67,600 in Gas Tax Funds and $74,100 in general funds as the City's share of the cost, providing that the Projects are approved by the County. December 11, 1967 General discussion ensued in regard to the establishment of priorities and the acquisition of the right-of-way for the extension of Walker Street from Cerritos to Katella Avenue. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 827 A RESOLUTION OF THE CITY COUNCIL OF THE CII% OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MOODY STREET AND ORANGE 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 It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution, Title as follows: RESOLUTION NO. 828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF WALKER STREET. 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. 829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE WIDENING OF THE BLOOMFIELD STREET BRIDGE ACROSS THE CARBON CREEK CHANNEL. 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 CONSIDERATION OF RATE INCREASE APPLICATION--SOUTHERN CALIFORNIA WATER COMEANY: The City Manager presented a report dated December 7, 1967, advising that the City has been notified by representatives of the Southern California Water Con~any that an application has been submitted to the Public Utilities Commission requesting a rate increase for all of the areas serviced by Southern California Water Company, including the areas within the City of Cypress. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried, this communication be received and filed. CONSIDERATION OF APPROVAL OF COMPROMISE AGREEMENT WITH FOREST LAWN COMPANY: The City Manager presented a report dated December 7, 1967, reviewing discussions and negotiations which have been conducted between representatives of Forest Lawn Company and the City of Cypress regarding the completion of certain public improvements adjacent to the Forest Lawn property in Cypress in accordance with the provisions of the Cypress City Code as it applies to the issuance of various types of building permits. The report further out- lined the contents of a proposed compromise agreement which has been prepared to resolve this matter. December 11, 1967 General discussion ensued in regard to the various items of compromise contained in the Agreement, specifically the installation of a traffic signal at Lincoln Avenue and Denni Street and the construction of a street lighting system on the north side of Lincoln Avenue adjacent to the cemetery site. It was moved by Councilman Kanel, and seconded by Councilman Bowen and unanimously carried that that certain Agreement made and entered into on the llth day of December, 1967, by and between the City of Cypress, a municipal corporation, and Forest Lawn Company, a corporation, to which a copy of these minutes is attached and made a part thereof, is approved, and the Mayor of the City of Cypress and the City Clerk of the City of Cypress are authorized to execute said agreement for and on behalf of the City of Cypress by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None CONSIDERATION OF CHANGES IN ADMINISTRATIVE PERSONNET,: The City Manager presented a report dated December 7, 1967, outlining the proposed changes in the organization of the Administrative Department which have been necessitated by the resignation of the Assistant City Menager. Basically, the new organization would provide for the Administrative Assistant to assume the duties previously assigned to the Assistant City Manager, with the exception of the position of Assistant Civil Defense Director which would be assigned to the Police Chief. The report further suggested that the Council authorize the employment of two administrative interns for the remainder of the current fiscal year to complete the assignments which had been outlined in the budget for the Administrative Assistant. The report also suggested that the City Council consider adjusting the salary range of the Administrative Assistant to Range 32, with a beginning step of $634 and a top step of $772 per month. In response to a question from Councilman Bowen, the City Manager advised that portions of the Police Chief's salary would be eligible for reim- bursement from the Federal Government under the Civil Defense Program. It was moved by Councilman Bowen and seconded by Councilman Noe to authorize an increase in the salary range for the Administrative Assistant to Range 32, to be effective January 1, 1968, and to further authorize the City Manager to employ two student interns for the remainder of the 1967-68 fiscal year, at an hourly rate of $2.47. 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 appointment of a of the Assistant suggested that the Council may also wish to consider the City Treasurer to fill the vacancy created by the resignation City Manager. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to appoint the Administrative Assistant Gone Poertner as the City Treasurer to be effective January 1, 1968. CONSIDERATION OF AMENDMENT TO PERSONNEL RESOLUTION RE: LEAVE OF ABSENCE: The City Manager presented a report dated December 7, 1967, which outlined the new State Law which would require an amendment to the City Personnel Resolution authorizing employees to accrue vacation and sick leave during leaves of absence which are related to the program of Workmen's Compensation. It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the following Resolution, title as follows: December 11, 1967 RESOLUTION NO. 830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOL-WTION NO. 703, RULE XI, SECTIONS 10 AND 15 CONCERNING RULES AND REGULATIONS PRESCRIBING METHODS OF EMPLOYMENT, FUNCTION OF THE CITY COUNCIL, ATTENDANCE AND LEAVES, TRANSFER AND PROMOTION OF EMPLOYEES, AND OTHER REGULATIONS FOR THE EMPLOYEES AND OFFICERS OF THE CITY OF CYPRESS. 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 CERTIFICATION OF EMPLOYMENT LIST--PRINCIPAL ENGINEERING AIDE-TRAFFIC AND SENIOR ENGINEERING AIDE-TRAFFIC: The City Manager presented a report dated December 1, 1967, reviewing the results of an examination for the position of Principal Engineering Aide-Traffic. The City Manager re- quested that the City Council certify this list for both Principal Engineering Aide-Traffic and Senior Engineering Aide-Traffic in order to allow the City Staff to select a person on the list for either of these two positions. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to certify the en~ployment list for Principal Engineering Aide-Traffic and Senior Engineering Aide-Traffic as presented. CERTIFICATION OF EMPLOYMENT LIST--POLICE OFFICER: The City Manager pre- sented a report dated December 7, 1967, reviewing the results of an examination for the position of Police Officer. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to certify the employment list for Police Officer as submitted. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO. 18009 THROUGH 18100: It was moved by Councilman McCarney and seconded by Councilman Kanel to approve the Commercial Warrant List for Warrants No. 18009 through 18100, in the amount of $62,417.58. 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, seconded by Councilman Bowen and unanimously carried to place consideration of carpeting the community room in the Civic Center on the agenda at this time. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize an expenditure of funds for the installation of carpeting in the community room at the Civic Center. 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 SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-159 (MORITA): It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to read the following Ordinance by title only: ORDINANCE NO. 360 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM P-C (PLANNED COMMERCIAL) TO R-1 (ONE-FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-159. December 11, 1967 It was moved by Councilman Noe and seconded by Councilman Bowen to adopt the second reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, McCarney and Noe Kanel and Harvey None SECOND READING ORDINANCE RE: ANIMAL CONTOL REGULATIONS: It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried to read the following Ordinance by title only: ORDINANCE NO. 361 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS RELATING TO ANIMAL CONTROL, WELFARE, LICENSE AND HEALTH REQUIREMENTS. It was moved by Co~mcilman Bowen and seconded by Councilman Kanel to adopt the second reading of this Ordinance. 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 AUTHORIZATION TO ESTABLISH PUBLIC HEARINGS TO CONSIDER AMENDMENT TO MASTER PLAN OF DRAINAGE: The City Manager indicated that the City Staff and City Council had reviewed a proposed revision to the City Master Plan of Drainage which provides for the consolidation of all drainage districts into one City-wide system. He further indicated that in order to implement this program, it will be necessary for the Planning Commission and City Council to conduct the required Public Hearings to amend the Master Plan of Drainage. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to authorize the City Staff to proceed with the conduct of the required Public Hearings before the Planning Commission and City Council for consideration of the proposed revisions to the Master Plan of Drainage. ORAL COMMUNICATIONS: Mr. Pete Van Ruiten, 9432 South Bloomfield Street, Cypress, addressed the City Council as to the best method of presenting his comments and statements before the City Council. Mayor Harvey suggested that Mr. Van Ruiten submit his written communications to the City Manager on the Wednesday preceding the City Council meetings so they can be included with the Council's agenda materials. Mr. Tom Thorpe, Southern California Water Company, 10852 Cherry Street, Los Alamitos, addressed the Council concerning the Southern California Water Company's application for rate increase which has been filed with the Public Utilities Commission and indicated that the proposed rate increase to the average water user in Cypress would amount to approximately four percent on a monthly water bill. Mr. Ray Hawley, Southern California Edison Company, 11110 Los Alamitox Boulevard, Los Alamitos, addressed the Council concerning the scheduling for the installation of the street lights adjacent to Forest Lawn Company's property on Lincoln Avenue and questioning as to whether this system would be city-owned. The City Manager advised that no decision had been made on this matter and that further discussions would take place with Edison Company representatives. December 11, 1967 ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman McCarney, seconded by Councilman Noe and unanimously carried to adjourn the meeting at 9:50 p.m. ATTEST: MAYOR OF THE ~TY OF CYP~ ~ c~TY '/d%~,-i 'alP' r~. d~Y oF CYPRESS December 11, 1967