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Minutes 68-04-22332 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 22, 1968 The regular meetinf of the Cypress City Council was called to order at 4:00 p.m. on Monday, April 22, 1968, in the City Council Chamber, 5275 Orange Avenue, Cypress, Mayor Richard L. Bowen presiding. PRESENT: Councilmen Harvey, Kanel, Kanode, Noe, and Bowen ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and Administrative Assistant Gene Poertner. MINUTES: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to approve the Minutes of April 8, 1968, as mailed. General discussion ensued concerning the proposed Budget calendar and it was agreed that the budget sessions with the Council should be scheduled on June 11, 12, and 14 at 4:00 p.m., and on June 15 and 16 all day. Following general discussion on the provisions of the Brown Act,it was agreed that the joint meeting between the City Council and Planning Commission would be held on Thursday, May 16, 1968, at 4:00 p.m., to be followed by dinner. It was then agreed that the quarterly joint meeting between the City Council and Cypress Chamber of Corfanerce Board of Di rectors would be held on Monday, May 13, 1968, at 4:00 p.m. The City Manager advised that an analysis was being made of the functions of the Cypress County Water District which is proposed to be presented at the Council meeting of May 13, 1968, and indicated that in order to avoid any misunderstanding of this report or of any subsequent City Council action in reference to the Cypress County Water District, it may be desirable for the Council to request a joint meeting with the Board of Directors of the Cypress County Water District to explore the status of the District as it relates to the City. Following general discussion, it was agreed that the City Manager should contact the Board of Directors of the Cypress County Water District and advise them of the study which is underway regarding the special districts and to further indicate the Council's desire to meet jointly with the Board of Directors at their earliest convenience to discuss this study. It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to consider City Council committee appointments during the afternoon session of the City Council meeting. CIT~f COUNCIL APPOINTMENTS: The City Manager presented a report dated April 16, 1968, reviewing the following committees and districts on which the City of Cypress has representation. 1. Orange County Sanitation District In accordance with the State Health and Safety Code, the Mayor of each City is the official representative on the Sanitation District; however, a Council member shall be ~ppointed to act as an alternate. Upon the consent of the City Council, Mayor Bowen appointed Councilman Robert C. Harvey as the Alternate on the Orange County Sanitation District Board of Directors. April 22, 1968 , 33 2. Orange County Mosquito Abatement District Upon consent of the City Council, Mayor Bowen appointed Councilman John Kanel as Representative to the Orange County Mosquito Abatement District. 3. Orange County League of Cities (Representative) Councilman Harvey introduced discussion as to the possibility of the City Council's appointment of a representative to the League being for a period of two to three years in order to allow a representative to become more familiar with the deliberations of the League. Mayor Bowen appointed Councilman Delno G. Kanode as Council representative to the Orange County League of Cities, following which it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to concur in this appointment. 4. Cypress Park and Recreation District Advisory Board The City Manager advised that this appointment would not be effective until the first Board meeting in July; the current representative would serve until that time. Councilman Harvey having indicated an interest in serving on the Cypress Park and Recreation Advisory Board, Mayor Bowen appointed him as the Council representative on this Board for the 1968-69 year following which it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to concur in this appointment, which will be effective as of July, 1968. It was further agreed that the City Manager advise the Planning Commission of this appointment and request that they consider the appointment of an alternate representative to the Advisory Board. 5. City Audit Committee Mayor Bowen indicated that since he is Mayor and is required to sign the Commercial Warrant List after approval by the Audit Committee, he would prefer not to serve on this committee. Mayor Bowen then appointed Councilmen Frank P. Noe and Delno G. Kanode as the Council's representatives on the City Audit Committee, following which it was moved by Councilman Kanel, seconded by Mayor Bowen and unanimously carried to concur'in these appointments. 6. Transportation Association of Southern California Mayor Bowen appointed Councilman Robert C. Harvey as the Council~s representative to the Transportation Association of Southern California, following which it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to concur in this appointment. 7. Cypress Fly Abatement Board Following brief discussion, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to reqppoint Councilman John Kanel as the City Council's representative on the City Fly Abatement Board. 8. Southern California Association of Governments General Assembly Mayor Bowen indicated he would serve as t~e City's representative, with Councilman Delno G. Kanode as the Alternate, on the SoUthern California Association of Governments General Assembly, following which it was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to concur in these appointments. April 22, 1968 334 It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to place consideration of a commendation for former Councilman McCarney on the agenda for consideration at this time. It was then moved by Councilman Harvey and seconded by Councilman Noe to pressnt a conmunity service plaque and resolution of commendation to Councilman McCarney at the City Council meeting of May 13, 1968. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place consideration of commendation for Councilman Harvey for his service as Mayor on the agenda for consi- deration at this time. It was then moved by Councilman Noe and seconded by Councilman Kanode to authorize the purchase of an appropriate mom~nto to be presented to Councilman Harvey for his service as Mayor. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe, and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Harvey The City Manager advised that the State Division of Highways Engineer has recommended approval of the Orange Route for the proposed Huntington Beach Freeway and indicated that this Rou~e had been voted the least desirable route by the City Council due to both the cost and extent of relocation of persons within the area of the Orange Route and the effect this alignment will have on the proposed alternate routes to the north of this first portion of the Freeway. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to place this matter on the agenda for consideration at this time. It was then moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to instruct the City Manager to reaffirm the City Council's position in favor of the Red Route for the Huntington Beach Freeway to the State Division of Highways and to request that this information be transmitted to the State Highway Conu~ission. Following further discussion, it was moved by Councilman Harvey and seconded by Councilman Noe to authorize a member of the City Staff to attend the Public Hea~ing before the State Highway Cor~nission on this Freeway to be held on May 21, 1968, in Napa, California; and to further authorize reimbursement for his actual and necessary expenses. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None The City Manager advised the Council of a communication which has been received from the League of California Cities urging opposition to Assembly Bill 202 relating to the Ralph M. Brown Act which is scheduled to be presented before the Senate Committee on Governmental Efficiency on May 15, 1968. The communication indicated that this legislation as drafted would hamper the effective operation of the City Staff, as well as community organizations which receive financial assistance from the City for promotional activities within the community. April 22, 1968 .235 It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to place this matter on the agenda for consideration at this time. After a reading of the entire Bill, the City Manager and City Attorney outlined the problems which this amendment would present to the conduct of staff meetings and the conduct of meetings held by community organizations receiving financial assistance from the City. It was moved by Councilman Harvey and seconded by Councilman Kanel to instruct the City Manager to notify the proper legislative representative that the City Council is opposed to Assembly Bill 202 and to request their support in opposition to this Bill as presently drafted. Following discussion, the motion was unanimously carried by the fol~ewing roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None EXECUTIVE SESSION: Upon the request of the City Attorney, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to go into executive session at 5:25 p.m. for the purpose of discussing litigation. The meeting was called back to order at 5:59 p.m., all City Councilmen being present. RECESS: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to recess at 6:00 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 Harvey, Kanel, Kanode, Noe, and Bowen ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, Deputy City Attorney Len Han~el, Administrative Assistant Gene Poertner, Public Works Director Art Schatzeder, Finance Director Jim Grissom, Police Chief George Savord, Planning Director George Putnam and Building Superintendent Tom Nudson. AWARD OF CONTRACT RE: CONSTRUCTION OF 2-A STORM DRAIN FROM GRINDLAY TO WALKER STREET: The City Manager presented a report dated April 17, 1968, from the Public Works Director reviewing the results of a bid opending conducted on April 15, 1968, at 10:00 a.mo in the office of the City Clerk for construction of the 2-A Storm Drain from Grindlay to Walker Street. Themport indicated that of six bids received for this project, United States Pipeline Cormpany, Inc. 15236 Burbank Boulevard, Suite #206, Van Nuys, California, had submitted the lowest and best bid in the amount of $99,084.50, which is approximately 2.8% above the Engineer's estimate for the Project. It was moved by Councilman Harvey and seconded by Councilman Noe to determine that the lowest and best bid was submitted by United States Pipeline Company, Inc. for construction of the 2-A Storm Drain from Grindlay to Walker Street and that the contract be awarded to United States Pipeline Company, Inc., 15236 Burbank Boulevard, Van Nuys, Califor- nia, as per their proposal dated April 15, 1968, in the amount of $99,084.50. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None April 22, 1968 ORAL COMMUNICATIONS: There were no oral communications presented at this time. Since Item No. 2 was a Public Hearing scheduled for 8:00 p.m. , it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to proceed to Item No. 3 at this time and continue until 8:00 p.m. COMMUNICATION FROM ORANGE COUNTY FLOOD CONTROL DISTRICT RE: JONATHAN STORM CHANNEL: The City Manager reviewed a communication dated March 15, 1968, from C. R. Nelson, Division Engineer of the Orange County Flood Control District, which indicates that the improvement of the Jonathan Storm Channel in the City of Cypress has been included in the Flood Control District's 1968-69 budget; and requests confirmation from the City of Cypress that the City would be willing to participate in the cost of this project by acquiring the required rights of way for the improvement of the Jonathan Storm Channel. The proposed storm drain project, which is estimated to cost $170,000 would include a trapezoidal earthen channel beginning at Valley View Street and extending along the northerly side of the Southern Pacific Railroad to Tract No. 4966, at which point the channel would consist of a vertical-walled reinforced concrete channel terminating in Knott Street. The City Manager advised that with the passage of the City storm drain bond issue, the City now has sufficient funds to guarantee the acquisition of the required rights of way and, therefore, is in a position to indicate its ability to participate in this project. In response to a question from Councilman Kanel, the Public Works Director stated that construction on this project is proposed to commence after August and it is anticipated that it will be cor~Dleted prior to the rainy season. He further advised that the contractor would be required to handle any storm waters which may occur during construction of the project. It was moved by Councilman Noe and seconded by Councilman Kanode to authorize the Staff to advise the Orange County Flood Control District that the City of Cypress will proceed with the acquisition of necessary rights of way for the improvement of the Jonathan Storm Channel, upon receipt of the plans from the Flood Control District outlining the requirements for right of way acquisition. Councilman Harvey stated that without the cooperation of the many citizens who supported the passage of the drainage bonds in the April 9, 1968, election, the City would not have been in a position to participate in this project. Councilman Noe's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: TENTH BIENNIAL INSTITUTE FOR MAYORS AND COUNCILMEN: The City Manager presented a communication dated March 25, 1968, from Howard Gardner, Associate Director of the League of California Cities, advising that the Tenth Biennial Institute for Mayors and Councilmen, as sponsored by the League, will be held May 19 through May 21, 1968, in Anaheim. The purpose of the Institute which is scheduled every two years following general municipal elections, is to provide basic information about the organization and adminis~ation of cities. It was moved by Councilman Harvey and seconded by Councilman Noe to authorize all members of the City Council who wish to attend this Institute to be reimbursed for their actual and necessary expenses. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None April 22, 1968 337 COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: ON-SALE BEER AND WINE LICENSE FOR PIZZA PALACE RESTAURANT (ORION-WESTERN CORPORATION): The City Manager reviewed an application dated March 29, 1968, from the Alcoholic Beverage Control Board giving notification of a new on-sale beer and wine license for the Pizza Palace Restaurant, 9919 Walker Street, Cypress, as requested by Orion-Western Corporation. The Police Department upon completion of an investigation of this application has found no legal basis to protest this application. In response to a question from Councilman Kanode, the City Manager advised that the Pizza Palace would be located in the new shopping center at Ball Road and Walker Street. It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried this application be received and filed. COMMUNICATION FROM STATE DIVISION OF HIGHWAYS RE: GUIDELINES FOR CHANGES IN STATE HIGHWAY SYSTEM: The City Manager reviewed a corfanunication dated April 2, 1968, from H. Ayanian, District Engineer of District VII of the State Division of Highways transmitting a copy of the Guidelines for future consideration of future additions to and deletions from the State Highway System and requesting the City's cooperation in preparation of a report by the Division of Highways which is required to be presented to the 1969 Legislature in reference to additions to or deletions from the State Highway System. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried this communication be received and filed. COMMUNICATION FROM CITY OF COSTA MESA RE: ASSEMBLY BILL 1014 (SADDLEBACK JUNIOR COLLEGE DISTRICT): The City Manager presented a communication dated April 2, 1968, from the City of Costa Mesa transmitting a copy of a resolution of that City urging support for Assembly Bill 1014, which authorizes Saddleback Junior College District to enter into an agreement with existing Junior College Districts for the education of students they cannot accomodate and agreeing to pay, in addition to the average cost of current operation, $300 per average daily attendance for rent of facilities and equipment for students attending Junior College facilities outside of the District. The City Manager advised that in discussing this matter with Dr. Walker of the Cypress Junior College, it would appear that due to the location of Saddleback Junior College District, few of these students will be attending any of the Junior Colleges within the North Orange County Junior College District. The City Manager further advised that the Board of Directors of the North Orange County Junior College District has taken no action on this matter. It was moved by Councilman Kanel and seconded by Councilman Kanode, this communication be received and filed. Following discussion regarding the effect of this matter on the City of Cypress, Councilman Kanel's motion was unanimously carried. COMMUNICATION FROM STATE DIVISION OF HIGHWAYS RE: PUBLIC HEARING RECORD ON DEVELOPMENT OF ROUTE 39 IN ORANGE COUNTY: The City Manager reviewed a communication dated April 4, 1968, from T. R. Lammers, Deputy District Engineer of District VII of the State Division of Highways transmitting a copy of the record of the Division of Highways; First Public Hearing held on June 22, 1967, and a copy of the record of Division of Highways; second Public Hearing held December 1, 1967, regarding freeway development of Route 39 in Orange County between Route 1 Freeway and Lampson Avenue. These records will be kept on file in the office of the City Clerk. Upon the request of Mayor Bowen, the City Manager reviewed the action taken by the City Council during the afternoon session of the Council meeting in reaffirming its position in favor of the Red Route of the proposed freeway. It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried this communication be received and filed. April 22, 1968 COMMUNICATION FROM STATE CONTROLLER RE: ADVANCE APPORTIONMENT OF VEHICLE LICENSE FEES FOR 1967-68 FISCAL YEAR: The City Manager reviewed a communication dated April 5, 1968, from the office of the State Controller transmitting a report of the advance apportionment of vehicle license fee revenues for the 1967-68 fiscal year. The report indicates that the City of Cypress will receive $89,387.23, which re- presents an advance payment of 75 percent of the City's share of vehicle license fees for the period ending May 31, 1968. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried, this communication be received and filed. COMMUNICATION FROM MAYOR OF NEWPORT BEACH RE: VACANCIES ON ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION: The City Manager presented a communication dated April 15, 1968, from Mayor Paul J. Gruber of Newport Beach requesting the City Council's support of his candidacy for the position of member of the Orange County Local Agency Formation Commission which will be voted upon at the Orange County League of Cities meeting to be held on April 25th at the Mesa Verde Country Club in Costa Mesa. Mayor Bowen indicated that he had received a communication from the City of Brea advising of their Mayor's candidacy for a position on the Local Agency Formation Commission. Councilman Kanel then indicated that if Councilman Noe has no objection, he would wish to nominate him as a candidate for one of the vacancies on the Local Agency Formation Commission. Since it was 8:00 p.m., the Mayor indicated that this matter would be continued until after the Public Hearing. PUBLIC HEARING RE: ZONE CHANGE NO. Z-167 (K.E. JOHNSON): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance No. 90 to change the zone of a certain parcel of land generally located north of the northwest corner of Moody Street and Orange Avenue, known as 9441 and 9451 Moody Street, from R-1 (One-family Residential) to C-1 (Neighborhood Stores), requested by Eugene E. and Lillie A. Wadkins, 9441 Moody Street, Cypress, and William T. and Arliss M. Rsgers, 9451 Moody Street, Cypress, by K. E. Johnson, 8151 Orangethorpe Avenue, Buena Park, California, known as Zone Change No. Z-167. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated April 18, 1968, indicating that the affidavits of po~ting, publication and mailing of the Public Hearing notices on this zone change are on file in the office of the City Clerk and no written commanncations have been received. The Planning Director reviewed the action taken by the Planning Commission in its recommendation of approval of this zone change and indicated that the Planning Commission had determined that the proposed C-1 zoning would be the most compatible zoning for the area since it would conform to the zoning of the adjacent property. The Mayor asked if anyone in the audience wished to speak in favor of the proposed change of zone. Mr. Preston Allen, representing Johnny Johnson Realty, 8151 Orangethorpe Avenue, Buena Park, addressed the Council requesting their favorable consideration of this zone change and indicating that an animal hospital is proposed to be located in the area of the zone change. Mr. Eugene Wadkins, 9441 Moody Street, Cypress, addressed the Council, speaking in favor of the change of zone and relating the difficulties which have been encountered by the property owners in reaching an agreement as to the zoning and development of the property. April 22, 1968 Mr. Warren Bodwell, 4931 Orange Avenue, Cypress, addressed the Council as an adjacent property owner indicating that he felt this change of zone would increase the value of his property. In response to a question from Councilman Harvey, the Planning Director reviewed the action of the Planning Commission in a previous request which had been received to change the zone of the property to a C-1 use and indicated that the Staff had prepared a feasibility study for the area which proposed either development of the entire area as a commercial use or development of the frontage on Moody as commercial with the remainder to be developed residential. In response to an inquiry from Councilman Harvey, the Planning Director advised that some of the property owners had indicated a preference for an apartment development on this property. Councilman Harvey expressed concern over the possibility of a neighborhood store being located on this property upon rezoning since he felt there was insufficient frontage to insure successful development of such a use. In response to a question from Mayor Bowen, the Planning Director advised that the Planning Commission had requested the Staff to report on the possibility and validity of the City requiring conditional use permits for construction of neighborhood markets in C-1 zones. In answer to an inquiry from Councilman Harvey, the City Attorney advised that the provisions for requiring a precise plan for development of a property proposed for rezoning are contained in the individual cities' zoning ordinances. He further advised that the City of Cypress zoning ordinance only provides for precise plans for changes of zone to Planned Cor~nercial, Planned Development and Planned Manufacturing uses. General discussion ensued as to whether a neighborhood store development would be successful in this area if proposed, and it was mentioned that such a store could presently be located in the adjoining area which is already zoned for C-1 use. Mr. Bodwell and Mr. Wadkins again addressed the Council requesting their favorable consideration. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Noe, seconded by Councilman Kanel 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 AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF CERTAIN PARCELS OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD STORES), ZONE CHANGE NO. Z-167 It was moved by Councilman Kanel and seconded by Councilman Noe to approve the first reading of this Ordinance. In response to a question from Councilman Harvey, the Planning Director indicated that although the proposed zone would not be the best use of the property, it was felt that this would be a solution to the problems which have been encountered in acquiring total agreement among the property owners as to the most desirable development of their properties. The Planning Director further ~vised that there would be a ten-foot side yard setback which would serve as a buffer zone between the resi- dential and commercial development. April 22, 1968 340 Councilman Kanel's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None In response to a question from Mayor Bowen, the City Attorney advised that questions directed to members of the Staff by the Council members should be received as a part of the Public Hearing. Councilman Harvey then stated that through his experience of working with City Councils from other cities, he feels the procedures followed by the Cypress City Council are among the finest in Southern California. CONTINUATION OF CONSIDERATION OF NOMINATING REPRESENTATIVE TO LOCAL AGENCY FORMATION COMMISSION: Discussion resumed as to whether Councilman Noe would accept the Council's nomination of him as a candidate for one of the vacancies on the Local Agency Formation Cormnission. Following general discussion, it was moved by Councilman Kanel, seconded by Councilman Kanode and unanimously carried to instruct the Council's representative to the Orange County League of California Cities to nominate Councilman Frank P. Noe as a candidate to one of the positions which are currently vacant on the Orange County Local Agency Formation Commission; and to further instruct the City Manager to prepare a statement of qualifications of Councilman Noe to be transmitted to the City Managers of all Orange County Cities for distribution to the individual cities' representatives to the League of Cities. It was then moved by Councilman Kanode, seconded by Councilman Kanel and unanimously carried, the communications from the Mayor of Newport Beach and from the City of Brea concerning the Local Agency Formation Commission positions be received and filed. COMMUNICATION FROM DIEHL, EVANS AND COMPANY RE: AMENDMENT TO AUDIT AGREEMENT: The City Manager reviewed a communication dated April 15, 1968, from Mr. D. E. Callahan on behalf of Diehi, Evans and Company, the City Auditors, requesting an amendment to the existing audit agreement to establish a maximum fee for auditing services to the City at $1,100, as compared to the current maximum fee of $900; and to further amend the agreement to increase the per diem basis for auditing services. The City Manager indicated that in a review of the proposed audit agreement with the Finance Director, it appeared that the request for rate increases is justified due to the increases in financial activities within the City. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Kanode to approve the amendment to the agreement for audit services between the City and Diehi, Evans and Company and authorize the Mayor to sign and the City Clerk to attest the agreement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Poe, and Bowen None None COMMUNICATION FROM TRANSPORTATION ASSOCIATION OF SOUTHERN CALIFORNIA AMENDMENT TO AGREEMENT AND BYLAWS OF TASC: The City Manager presented a communication from Ernani Bernardi, President of the Transportation Association of Southern California transmitting a copy of a resolution amending the agreement and bylaws of the Transportation Association of Southern California to enlarge the boundaries of TASC by including Imperial County and the remaining portions of San Bernardino and Riverside Counties which were not included in the original agreement. April 22, 1968 341 The City Manager then advised that the Transportation Association of Southern California was originally established as a standing transportation committee of the Southern California Association of Governments and the expansion under consideration is required in order that the transportation cormmittee will encompass the same geographical area as the Southern California Association of Governments. The expansion is also required to provide a transportation policy committee to review for SCAG Federal grant applications from any part of the SCAG region from cities or counties for transportation projects. It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 865 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE AMENDMENT TO THE AGREEMENT AND BYLAWS OF THE TRANSPORTATION ASSOCIATION OF SOUTHERN CALIFORNIA TO INCLUDE REMAINING PORTIONS OF SAN BERNARDINO AND RIVERSIDE COUNTIES AS WELL AS IMPERIAL COUNTY. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None RECESS: The Mayor declared a five-minute recess at 8:47 p.m. The meeting was called back to order at 8:52 p.m., all City Councilmen being present. CONTINUATION OF COMMUNICATION FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RE: ASSEMBLY BILL 1166: The City Manager presented a communication dated March 29, 1968, from Daniel D. Mikesell, Vice President of the Southern California Association of Governments and Chairman of the Committee on Aviation and Airports, requesting the City Council to support State Assembly Bill 1166 which would appropriate State funds to help finance the Southern California Regional Airport System Study and Plan. Consideration of this communication had been continued at the Council meeting of April 8, 1968, to allow the City Staff additional time to obtain further information concerning Assembly Bill 1166. The City Manager advised that the League of California Cities' office advised that they would not take any position on this matter since it concerns only Southern California. In answer to a question from Councilman Harvey, the City Manager stated that the subject Bill is concerned with the financing of the Southern California Airport Regional Plan and would include a study estimated to cost $700,000. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to instruct the City Manager to contact Mr. Mikesell, of the Southern California Association of Governments, and request further evidence in support of this measure for presentation to the City Council at its meeting of May 13, 1968. CONSIDERATION OF CARPETING OF THE COMMUNITY MEETING ROOM: The City Manager presented a report dated April 18, 1968, reviewing a quotation for carpeting of the community meeting room which had been received from Earl Givens Carpet Company for both Ozite and nylon carpeting in which Mr. Givens urged the use of the nylon carpeting since the installation of the Ozite type of carpeting would require removal of the existing tile in the community room prior to installation. The report also reviewed several factors which could present maintenance problems in the event carpeting was to be installed in this room, including frequent rearrange- ment of furniture and overturned ashtrays. In addition, several of the April 22, 1968 organizations utilizing the cormnunity meeting room serve food and coffee as part of their meetings, which could result in staining and soiling of the carpeting. In response to a question from Councilman Harvey, the City Manager advised that the community meeting room is used approximately three nights per week by various community organizations. Discussion was introduced by Councilman Kanel as to the possibility of screening in the area beneath the City Council Chambers to allow this area to be utilized by community organizations during the summer months. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Noe to reject the bid of Earl Givens Carpet Company, 5021 Ball Road, Cypress, and to withhold any further action regarding this matter until a later date. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF APPROVAL OF FINAL TRACT MAP NO. 6215 (LARWIN COMPANY): The City Manager presented a report dated April 17, 1968, from the Public Works Director recommending approval of Final Tract Map No. 6215, located north of Ball Road midway between Denni and Bloomfield Street, consisting of 3.366 acres, 20 R-1 lots, as requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, subject to the completion of certain requirements. The report also indicated that the Final Tract Map has been checked by the Engineering Division and found to be technically correct and substantially in conformance with the fourth revised tentative tract as presented to the City Council on February 19, 1968. In response to a question from Mayor Bowen, the City Manager advised that the lots in the subject Tract have been located so as to conform to the desires of prospective property owners who objected to the previous layout of the lots which were adjacent to the Tanglewood development. It was moved by Councilman Harvey and seconded by Councilman Kanel to approve Final Tract Map No. 6215, accept the bonds and agreements for public irf~rovements in the amount of $35,400, which is not less than 50% and not more than 100% 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. Completion of corrections required on the improvement plans. 2. Approval of bonds and agreements by the City Attorney. 3. Dedication of offsite easement for sewer construction. Acceptance by the subdivider of the above requirements as conditions of map approval. In response to inquiries from Councilman Kanel and Mayor Bowen, the Public Works Director presented a layout of the lots in Tract 6215 which are proposed to be located south of the alleys in the Tanglewood development. Councilman Harvey's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None April 22, 1968 CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS AND CERTIFY RIGHT OF WAY--WALKER STREET FROM P.E.R.R. TO BALL ROAD (PHASE II): The City Manager presented a report dated April 17, 1968, from the Public Works Director advising that plans and specifications for construction of Phase II of Walker Street from the Pacific Electric Railroad to Ball Road have been finalized and required right of way within the City's portion of the project has been acquired. This phase of the project is estimated at $29,130.20 within the City limits, with the City's share being $14,565.10. In response to questions from Mayor Bowen, the Public Works Director advised that Orange County has been conducting negotiations with Pacific Electric Railroad for installation of a crossing protection device at the P.E.R.R. tracks and paving on the west side of Walker Street north of the tracks. It was moved by Councilman Noe and seconded by Councilman Kanel to approve the plans and specifications for this project; authorize the Mayor to certify right of way for this project; and authorize the City Clerk to advertise for bids with the bid date to be set at the time approval ~ received from the Orange County Road Department. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None CONSIDERATION OF APPROVAL OF 1968 STREET DEFICIENCY REPORT: The City Manager presented a report dated April 18, 1968, reviewing the 1968 Street Deficiency Report which is to be transmitted to the State Division of Highways prior to May 1, 1968, and which indicates that 22.1 miles of street deficiencies at an estimated cost of $6,120,400 will exist by June 30, 1978. These estimated deficiencies are slightly higher than the $5,652,000 worth of deficiencies which were reported in 1964 which is due primarily to the addition of storm drain deficiencies which are now required to be reported as a part of the Street Deficiency Report. Following general discussion as to the method of determining street deficiencies, it was moved by Councilman Noe and seconded by Councilman Kanode to approve the 1968 Street Deficiency Report and to authorize the Public Works Director to transmit the Report to the State Division of Highways. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None CONSIDERATION OF UNDERGROUND TELEPHONE CONDUIT--ORANGE AND MOODY: The City Manager presented a report dated April 18, 1968, reviewing discussions which have been held with representatives of Pacific Telephone Company, Cypress Elementary School District, and the City of Cypress relative to the possibility of undergrounding telephone conduit on Orange between Moody and Grindlay in conjunction with the school development on the northeast corner of Orange and Moody as a cooperative project between these three agencies. The major costs for these undergrounding operations will be borne by the telephone company; however, the City and School District will pay for the trenching and backfill on the north side of Orange Avenue extending from a point near Grindlay Street to the West side of Moody Street, with the City's share of the cost, which is estimated to be $850, to be taken from the Reserve for Capital Improvements. It was moved by Councilman Kanel and seconded by Councilman Noe to authorize the Staff to proceed with the undergrounding of the telephone conduit on the north side of Orange Avenue between Moody and Grindlay Streets, as a cooperative project between the City, Cypress School District, and Pacific Telephone Company, subject to the approval by the April 22, 1968 344 Cypress Elementary School Board of Trustees; and to authorize the City's share of this project in the amount of $850 to be taken from the Reserve for Capital Irmprovements. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF JOINT POWERS AGREEMENT BETWEEN CITY AND CYPRESS ELEMENTARY SCHOOL DISTRICT RE: STREET IMPROVEMENTS AT DENNI AND ORANGE: The City Manager presented a report dated April 18, 1968, reviewing discussuons which have been held between the City of Cypress and Cypress Elementary School District relative to entering into a joint powers agreement for construction of street improvements in conjunction with the development of the Arnold School Site located on the west side of Denni Street north of Orange Avenue. This agreement would insure the full street improvements on Denni Street at such time as the School proceeds with the paving of the eight feet which is allowed by the State in conjunction with school development. The report further indicated that although it appears the street improvement project would not be completed prior to the beginning of the 1968-69 fiscal year, the joint powers agreement has already been approved by the School District and, it would seem advisable to proceed with the approval of the joint powers agreement at this time in order to avoid any delay in construction of the project. It was moved by Councilman Harvey and seconded by Councilman Noe to approve the joint powers agreement between the City and the Cypress Elementary School District for construction of certain street improvements on Denni Street adjacent to the Arnold School Site; and authorize the Mayor to sign and the City Clerk to attest the agreement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF AUTHORIZATION TO CHANGE STREET NAMES IN TRACT 6222 AND TRACT 5374: The City Manager presented a report dated April 18, 1968, advising that due to the similarity of several street names in new subdivisions, the Staff has reviewed the street names as approved on the final tract maps of Tracts No. 6222 and 5374 and has recommended several name changes; and transmitting a proposed Resolution to effect these name changes. The report further indicated that, in order to avoid future conflicts with street names, a committee composed of the Planning Director, Public Works Director and Building Superintendent has been appointed to review all street names, following the approval of the tentative tract map. It was moved by Councilman Harvey and seconded by Councilman Kanode to adopt the following Resolution, title as follows: RESOLUTION NO. 866 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING NAMES OF CERTAIN STREETS TO BE CHANGED WITHIN THE CITY OF CYPRESS The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None April 22, 1968 CONSIDERATION OF REQUEST TO ESTABLISH BUILDING AIDE CLASSIFICATION: The City Manager presented a report dated April 18, 1968, indicating that following the recent resignation of the Stenographer in the Building Department, the Staff has reviewed the personnel needs of the Building Department relative to this position and has determined that it would be appropriate to recruit a person with experience in the field of building or construction which would require amending the Position Classification Plan to include the position of Building Aide. Following a review by the City Manager of the reasons for requesting the Building Aide classification, it was moved by Councilman Harvey and seconded by Councilman Noe to adopt the following Resolution title as follows: RESOLUTION NO. 867 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 803 BY ADDING A CLASS SPECIFI- CATION FOR BUILDING AIDE TO THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE COMPETITIVE SERVICE 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: Harvey, Kanel, Kanode, Noe, and Bowen None CONSIDERATION OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 18851 THROUGH 18902: Following discussion, it was moved by Councilman Harvey and seconded by Councilman Noe to approve the Comanercial Warrant List for Warrants No. 18851 through 18902 in the amount of $44,444.68. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-166 (SECRETARY OF PLANNING COMMISSION): It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. 373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF CERTAIN PARCELS OF LAND FROM P-D (PLANNED DEVELOPMENT) TO R-1 (ONE-FAMILY RESIDENTIAL) AND C-2 (GENERAL COMMERCIAL), ZONE CHANGE NO. Z-166 It was moved by Councilman Noe 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: Harvey, Kanel, Kanode, Noe, and Bowen None None ORAL COMMUNICATIONS: Councilman Kanel indicated that Mr. Bruce Smith had indicated an interest in serving on a citizens fire study committee if formed in the future. The City Manager indicated that in the event the three-cities fire study report is not approved by the Board of Supervisors, a citizens committee will probably be formed and Mr. Smith will be contacted at that time. April 22, 1968 In response to a question from Councilman Kanel relative to the community center area on Orange and Graham, the City Manager indicated that development of this area would be considered in conjunction with deliberations on the 1968-69 Budget. EXECUTIVE SESSION: Upon the request of the City Manager, it was moved by Councilman Nee, seconded by Councilman Kanel and unanimously carried to go into Executive Session at 9:45 p.m. for the purpose of discussing pending litigation. The meeting was called back to order at 10:54 p.m. ADJOURNMENT: There being no further business to come before the Council, it was moved by Councilman Harvey, seconded by Councilman Nee and unanimously carried to adjourn the meeting at 10:55 p-m. MAYOR OF THE CITY OF CYPRESS ATTEST: CIT vC'L'E~K~bF ~E elTY OF CYPRESS April 22, lPQ8