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Minutes 68-08-26MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 26, 1968 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, August 26, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard L. Bowen presiding. PRESENT: Councilmen Harvey, Kanel, Kenode, Noe and Bowen ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, and Administrative Assistant Gene Poertner. EXECUTIVE SESSION: Upon the request of the Mayor, it was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to go into an executive session at 4:01 p.m. for the purpose of discussing personnel matters. The meeting was called back to order at 5:37 p.m. all City Councilmen being present. It was moved by Councilman Kenode, seconded by Councilman Noe and unanimously carried to place consideration of adoption of the proposed decision of the State Hearing Officer in the matter of James Wright on the agenda for consideration at this time. It was moved by Councilman Kenode and seconded by Councilman Noe to adopt the proposed decision rendered by Mr. George K. Bellows, State Hearing Officer, in the matter of the appeal of James Wright as a decision of this body. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None It was moved by Councilman Kenode, seconded by Councilman Noe and unanimously carried to place consideration of hiring a special counsel on the agenda at this time. It was moved by Councilman Kenode and seconded by Councilman Noe to employ the law firm of Martin and Fiendrick as special counsel to represent the City in the Southern California Edison Company and Texaco Oil Company Tank Farm expansion or modification matter. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None MINUTES: It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to approve the Minutes of an Adjourned Regular Meeting of August 5, 1968, as mailed. It was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to place on the agenda at this time consideration of the Minutes of the Regular meeting of August 12, 1968. It was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously carried to approve the Minutes of the Regular Maetlng of August 12, 1968, as presented. It was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to place on the agenda at this time consideration of the Minutes of the AdJ ourned Regular Meeting of August 24, 1968. It was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to approve the Minutes of the Adjourned Regular Meeting of August 24, 1968, as presented. City Council Minutes August 26, 1968 It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to place on the agenda at this time consideration of the Minutes of the Adjourned Regular Meeting of August 25, 1968. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to approve the Minutes of the Adjourned Regular Meeting of August 25, 1968, as presented. Upon the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to place considera- tion of the establishment of the 1968-69 City Tax Rate as Item 37a on the evening portion of the City Council Agenda. General discussion was held concerning the Joint meetings with the Cypress Planning Commission and Cypress Chamber of Conmerce. It was generally agreed to withhold action on establishing a date for the Planning Comm4ssion joint meeting until the new appointments to the Planning Commission had been made. The Joint meeting with the Cypress Chamber of Commerce will be held on September 17, 1968. Upon the suggestion of the Mayor, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place considera- tion of the resignation of Planning Commissioner John Smith on the agenda at this time. It was moved by Councilman Kanel, and seconded by Councilman Kanode to accept the resignation of Mr. John Smith from the Cypress Planning Commission. Councilman Kanode indicated that he felt an obligation to accept a written resignation since it is necessary for a Planning Connnissioner to have as much time as possible to devote to the position. Mayor Bowen indicated that he concurred in these statements, following which Councilman Kanel's motion was unanimously carried. It was moved by Councilman Kanel and seconded by Councilman Noe to send a letter of appreciation to John Smith for his time and effort on the Planning Commission. Councilman Noe then withdrew his second to the motion indicating that he felt it would be better to withhold action on this matter until after appointments have been made to the Cypress Planning Commission during the evening City Council meeting. Councilman Kanel's motion then died for lack of a second. Discussion then ensued concerning the proposed Joint meeting with the Cypress School Board members and the provisions of the Brown Act which would prevent the City Council from discussing any matters which are scheduled for public hearing. Councilman Harvey stated at this time that he would favor continuing Items 6 and 28 on the evening portion of the Agenda concerning a zone change and related tract map since information he had received from the Planning Director conflicted with the information contained in the Staff report on these matters, and he would wish to discuss this matter with the Planning Director after he returns from vacation. Following further discussion, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to recess at 6:09 p.m. until 7:30 p.m. that evening. CALL TO ORDER: The meeting was called back to order at 7:30 p.m. with the following in at tendance: PRESENT: Councilmen Harvey, Kanel, Kanode, Noe, and Bowen ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, Administrative Assistant Gene Poertner, Police Chief George Savord, Finance Director Jim Grissom, Public Works Director Arthur Schatzeder, Building Superintendent Tom Nudson, Police Lieutenant Robertson, and Administrative Intern Gary Kariker. Ci.ty Council Minutes A. uMust 26, 1968 AWARD OF CONTRACT FOR PURCHASE OF TWO PICK-UP TRUCKS: The City Manager presented a report dated August 22, 1968, reviewing the results of a bid opening conducted on August 20, 1968, in the City Clerk's office, for the purchase of two three-quarter ton pick-up trucks, one with hydraulic lift gate and one without the hydraulic lift gate. The report indicated that of three proposals submitted for this bid, International Harvester Company, 1110 E. Katella Avenue, Anaheim, California, submitted the lowest and best bids for both trucks in the amount of $2,235.96 for the three-quarter ton pick-up without hydraulic lift gate and in the amount of $2,538.84 for the three-quarter ton pick-up truck with hydraulic lift gate, It was moved by Councilman Harvey and seconded by Councilman Noe to determine that the lowest and best bid was submitted by International Harvester Company for the pick-up trucks and to award the bids for the purchase of a three-quarter ton pick-up truck and a three-quarter ton pick-up truck with hydraulic lift gate to International Harvester Company in the amounts of $2,235.96 and $2,538.84 respectively. 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 AWARD OF BID FOR FOUR COMPACT SIZE FOUR-DOOR SEDANS: The City Manager presented a report dated August 22, 1968, reviewing the results of a bid opening conducted on August 21, 1968, in the office of the City Clerk for the purchase of four 1969 Model Compact Size Sedans. The report indicated that of two bids receive~ the one submitted by La Nabra Dodge, Inc., 951 So. Beach Boulevard, La Habra, California, in the total amount of $6,854.12 was the lowest and best bid. It was moved by Councilman Kanel and seconded by Councilman Harvey to determine that the lowest and best bid was submitted by La Habra Dodge for the purchase of four 1969 model compact size sedans and to award the bid for the purchase of four 1969 model compact size sedans to La Habra Dodge. Inc., 951 So. Beach Boulevard, La Habra, California, in the total amount of $6,854.12. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None AWARD OF CONTRACT FOR CONSTRUCTION OF 2-A-6 AND 2-A-2 .~TO.I~ DRAINS: The City Manager presented a report dated August 21, 1968, from the Public Works Director reviewing the results of a bid opening conducted on August 21, 1968, in the office of the City Clerk for construction of the 2-A-6 (Orange Avenue Storm Drain) and the 2-A-2 (West Side Drain Extension). The report indicated that of six bids received, Rogers and Davies Pipeline Contractors, P~ O. Box 1176, Ontario, California, had submitted the lowest and best bid in the amount of $87,851.00. It was moved by Councilman Harvey and seconded by Councilman Kanodeto determine that the lowest and best bid was submitted by Rogers and Davies Pipeline Contractors for the construction of the 2~A-6 (Orange Avenue Storm Drain) and the 2-A-2 (West Side Drain Extension) andto award the contract for this project to Rogers and Davies Pipeline Contractors in the amount of $87,851.00. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Nee, and Bowen None None City Council Minutes ORAL COMMUNICATIONS: August 26, 1968 Mrs. Donna Bums, 5244 Vista Del Sol, Cypress, addressed the Council pro- testing the placement of the block wall in the side yard setback of her home by the Larwin Company. She indicated that the planters are being placed only three to four feet from the house which limits their use of their side and front yards. She further indicated that she had not been advised that these fences would be placed so close to her house when she purchased her home° The City Manager explained that the block wall had been approved as part of the landscape plans for the Tract. The Public Works Director then advised that the landscape plans did not comply with the plot plans for the Tract; however, the developer of the Tract has been advised of the problem and has requested that the land- scape plans be referred back to his Company for redesign. Following discussion, 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 moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to refer this matter to the City Staff and Larwin Company, and to instruct the City Manager to report back to the City Council at the meeting of September 10, 1968, as to what action has been taken to correct the sideyard setback problem which has occurred with homes located adjacent to the perimeter fence for Tract 6222~ Since Item No. 4 was a Public Hearing scheduled for 8:00 p.m., it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to proceed to Item No. 12 at this time and continue until 8:00 p.m. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: "WATSON INITIATIVE": The City Manager presented a communication dated July 15, 1968, from the League of California Cities summarizing and evaluating the Watson property tax limitation amendment which has qualified for the November 5, 1968, ballot and which, according to the League, will cripple local government. The City Attorney then outlined the effect this measure would have on long term general obligation bonds, assessments by the 1911 and 1913 acts and lease-back methods of financing° The City Attorney further indicated the adverse effects of this measure on the financing of local government specifically in the areas of taxation. Inasmuch as early general opinion polls indicate favorable voter reaction to this Initiative, the City Attorney advised of the necessity for the City to take steps to immediately sell the drainage bonds in the amount of $900,000 which were recently authorized in the April Special Election, since if the Watson Initiative is approved, the authorized drainage bonds could be deemed unsaleable~ It was moved by Councilman Kanode and seconded by Councilman Noe to go on record in opposition to the Watson Initiative and to direct the City Manager to notify the League of California Cities of the City Council's action indicating that the Council is willing to support the League in any campaign which may be undertaken in opposition to this measure. Councilman Kanel indicated that he did not think the City Council should take a position on a matter which is to be decided by the voters of the State. He further indicated that he felt that this measure was proposed mainly as a test of the State Legislature as to the taxing situation in California and that it could bring about a new direction in the State in the imposition of taxes which could be of importance over a period of time for the people living in the State. Councilman Kanode indicated that this measure is an amendment to the State Constitution and it is more difficult to remove a portion of the State Constitution than to eliminate a particular piece of legislation- He further stated that he feels taxes should be a legislative matter City Council Minutes August 26, 1968 and should not be a matter for inclusion in the State Constitution~ He also stated that this measure would Jeopardize the operation of the police departments and other municipal services if approved. Councilman Kanode further indicated that he is in favor of tax reform, but feels that it should be constructive. Mayor Bowen concurred with the statements made by Councilman Kanode relative to taxation measures being legislative matters rather than being made a part of the State Constitution. Councilman Kanel then indicated that he favored the Watson Initiative in principle and that, although he is not in favor of this measure as presently drafted, he does question whether the League of California Cities should submit recommendations as to how the people of the State should vote. Following discussion Councilman Kanode's motion was carried, with Councilman Kanel abstaining from voting. PUBLIC HEARING RE: ZONE CHANGE NO. Z-170 (DIVERSIFIED SHOPPING CENTERS ON BEHALF OF ROBERT W. AND JULIA HELMS): 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 from R-1 (One-family Residential) to C-2 (General Commercial) generally located on the northeast corner of Ball Road and Bloomfield Street, requested by Robert W~ and Julia A. Helms, 4417 Country Club Lane, Long Beach, California, by Diversified Shopping Centers, 4533 MacArthur Boulevard, Newport Beach, California, known as Zone Change No. Z-170. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager stated that he would request the City Council's considera- tion of and the Applicant's consent to a continuation of this Public Hearing until the City Council meeting of September 10, 1968, to allow sufficient time to finalize pending negotiations for acquisition of public rights of way in the area of the subject zone change. Mr~ Ranny Draper, President of Diversified Shopping Centers addressed the Council indicating that he would not be opposed to continuing the Public Hearing; however, he would like to discuss the right of way problems prior to the continuance. It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried to continue consideration of the subject zone change until 9:00 p.m. that evening, PUBLIC HEARING RE: ZONE CHANGE NO. Z-171 {HARVEY AND WARSCHAW): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance Noo 90 to change the zone of certain parcels of land as follows: Parcel 1--Change the zone from P-M (Planned Manufacturing) to R-1 (One-family Residential) on pro- per=y bounded on the East by Holder, on the North by the Stanton Storm Channel, on the West by Valley View, on the South by Orangewood; and Parcel 3--Change the zone from R-1 (One-family Residential) to P-M (Planned Manufacturing) on property bounded by Knott on the East, Holder on the West, and Katella on the South, requested by Lawrence A. Harvey, Homer M. Harvey, and Carmen H, Warschaw, 417 South Hill Street, Los Angeles, California, by Louis Warschaw, known as Zone Change No. Z-171. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager requested the City Council's consideration of and the applicant's consent to a continuance of the Public Hearing to allow the Planning Director additional time to obtain information regarding the Cypress School District's boundaries in the area of the subject zone change. City Council Minutes August 26~ 1968 Mr. Duke Watson, 417 South Hill Street, Los Angeles, addressed the Council on behalf of the applicants indicating that he had a communica- tion from the Aviation Department approving the school site at Orangewood and Holder Street which seemed to indicate that the problem of school sites had been resolved. He further indicated that he would not object to a continuance of this matter. He also presented additional maps for the City Council's review during its consideration of the zone change. It was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried to continue the Public Hearing for consideration of Zone Change No. Z-171 until the regular City Council meeting to be held on Tuesday, September 10, 1968, at 8:00 p.m. PUBLIC HEARING lIE: ZONE CHANGE NO. Z~172 (FLYNN AN~ MC BRIEN): 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 from R-1 (One-family Residen- tial) to R-3 (Multiple-family Residential) generally located on the southwest corner of Juanira Street and Orange Avenue, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, authorized agent for Mr. and Mrs. C. H. Flynn and Mr. and Mrs. F. R. McBrien, known as Zone Change No. Z-172. The Mayor declared the Public Hearing open and requested the Staff to present its reports. At this time, Councilman Harvey requested the City Council's consideration of the appltcant's consent to continuance of the subject Public Hearing since there appears to be a discrepancy between the information contained in the Staff report and the information previously given to him regarding this matter. It was then moved by Councilman Harvey to continue the Public Hearing for consideration of Zone Change No. Z-172 until the City Council meeting of Tuesday, September 10, 1968, at 8:00 p.m. to allow a clarification of the statements made in the Staff report on the subject matter. At this time, the City Attorney reviewed the provisions of the City Code relative to the procedures for continuing Public Hearings with and without the consent of the applicants. Mr. Arthur Rosenthai, 9300 Wilshire Boulevard, Beverly Hills, California, addressed the Council as representative of the applicants indicating that Tract 6653 scheduled for consideration during the latter part of the meeting, is dependent upon action by the City Council at this time, but indicating that he would not be opposed to a continuance of this matter until the next regular meeting. Councilman Noe seconded the motion made by Councilman Harvey for contin- uance of this matter, following which the motion was unanimously carried. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT FOR DANCING (PARKWAY INN): The Mayor announced this was the time and place for the Public Hearing to consider an application for Special Permit to allow dancing by the patrons at the Parkway Inn, 4604 Lincoln Avenue, Cypress, as requested by Myrtle C~ Lowery, 11231 East Brittain, Hawaiian Gardens, California. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated August 21, 1968, indicating that the affidavits of posting, publication and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications either in favor of or in opposition to this request have been received. The report further indicated that the investigation conducted by the Police Department reveals that there were sixteen significant police actions at the Parkway Inn during the past year and the owners have been cautioned concerning patron conduct on the premises. The Police Chief indicated that although there is continuing concern that the premises may be creating a police hazard, the Police Department does not protest the application at this time; but would suggest that the applicant be cautioned of her responsibility to maintain a safe business. The report further reviewed the factors to be considered by the City Council in determining whether or not to approve or disapprove City Council Minutes August 26, 1968 the Permit based on a determination as to whether or not the proposed request comports with the peace, health, safety, convenience, good morals, and general welfare of the public; and whether the applicant or other persons in charge of the operation are fit to be trusted with the privi- leges granted by the Special Permit. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the application. In response to a question from Councilman Harvey, the Police Chief advised that the police actions which have taken place at the Parkway Inn are inherent in a business of this type. In response to a question from Councilman Kanel, the City Manager advised that there are provisions for revocation of the Special Permit by the City Council in the event the activities conducted do not comport with the peace, health, safety and general welfare of the public. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed, It was moved by Councilman Kanel and seconded by Councilman Harvey to approve the Special Permit to allow dancing by the patrons at the Parkway Inn, 4604 Lincoln Avenue, for a period of one year, to expire August 26, 1969, as requested by Mrs. Myrtle C. Lowcry, 11231 East Brittain, Hawaiian Gardens, California. 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 PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT FOR DANCING (UNICORN RESTAURANT): The Mayor announced this was the time and place for the Public Hearing to consider an application for Special Permit to allow dancing by the patrons at the Unicorn Restaurant, 5960 Cerritos Avenue, Cypress, as requested by Allan Roberts, 3251 Mainway Street, Los Alamitos, California~ The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated August 21, 1968, indicating that the affidavits of posting, publication and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications either in favor of or in opposition to this applica- tion have been received° The report further indicated that an investigation conducted by the Police Department reveals no basis for protesting the application at this time. Also contained in the report was a review of the factors to be considered by the City Council in approving or disapproving the Special Permit pased on a determination as to whether or not the proposed request comports with the peace, health, safety, convenience, good morals, and general welfare of the public; and whether the applicant or other persons in charge of the operation are fit to be trusted with the privileges granted by the Special Permit. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed Special Permit. 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 Kanode to approve the Special Permit to allow dancing by the patrons at the Unicorn Restaurant, 5960 Cerritos Avenue, Cypress, for a period of one year to expire on August 26, 1969, as requested by Allan Roberrs, 3251 Mainway Street, Los Alamitos, California. 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 City Council Minutes August 26, 1968 PUBLIC HEARING RE: UNDERGROUND UTILITY DISTRICT NO. 1: The Mayor announced this was the time and place for the Public Hearing to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service in Underground Utility District No. 1 located on Walker Street, south of Rome Avenue to Ball Road. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated August 20, 1968, indicating that affidavits of posting and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications either in favor of or in opposition to the formation of the subject District have been received. The Public Works Director then read into the record of the Public Hearing a report dated August 20, 1968, outlining the necessity of and the scope of the project, which is estimated to cost approximately $55,000. The report also indicated that construction is proposed to commence approxi- mately September 15, 1968, and to be completed prior to January 1, 1969. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the formation of this Underground Utility District. In response to a question from Councilman Kanel, the Public Works Director advised that it will be necessary to open-cut across Ball Road due to existing utility facilities, but that this can be accomplished by doing only one portion of the street at a time which will not interfere with the normal flow of traffic. He also indicated that the installation on Walker Street will be accomplished within existing five-foot easements behind the sidewalks and, therefore, it will not be necessary to excavate in Walker Street~ There being no written connnunications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Noe and seconded by Councilman Kanode to adopt the following Resolution, title as follows: RESOLUTION NO. 897 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1 ON WALKER STREET FROM A POINT SOUTH OF ROME AVENUE TO BALL ROAD 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 PUBLIC HEARING RE: UNDERGROUND UTILITY DISTRICT NO, 2; ORANGE AVENUE FROM GRINDLAY TO EAST OF GRINDLAY: The Mayor announced this was the time and place for the Public Hearing to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associ- ated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service in Underground Utility District No. 2 located on Orange Avenue from Grindlay to 712.17 feet east of Grindlay Street. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated August 20, 1968, indicating that the affidavits of posting and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communi- cations either in favor of or in opposition to the formation of this Dis- trict have been received. The City Manager further indicated that this action would create an underground district adjacent to the Civic Center, which previously has been converted to underground utilities° City Council Minutes August 26m 1968 The Public Works Director then presented a report dated August 21, 1968, outlining the necessity of and the scope of the project. The report also indicated that none of the construction costs for installation of the underground utilities in this District will be charged against the City's allocation since the work was performed prior to the Public Utilities Commission action. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the formation of this Underground District. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanode and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 898 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING UNDERGROUND UTILITY DISTIICT NO. 2 ON ORANGE AVENUE FROM GRINDLAY STREET TO 712.17 FEET EAST OF GRINDLAY STREET. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE CONCERNING ISSUANCE OF CERTAIN PERMITS: The Mayor announced this was the time and place for the Public Hearing to consider a proposed amendment to the Zoning Ordinance No. 90 to add Section 120.2.1 "Uses permitted in any zone subject to approval of the Planning Director," initiated by the Cypress City Council. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated August 20, 1968, indicating that the affidavits of publication and posting of the Public hearing notices in this matter are on file in the office of the City Clerk and no written communications have been received either in favor of or in opposition to the proposed amendment. The City Manager then read into the record of the Public Hearing a report dated August 21, 1968, from the Secretary of the Planning Commission re- viewing the purpose of this proposed amendment which would allow a member of the administrative staff to grant approval to short-termed promotional carnivals which are usually held on the parking lots of shopping centers and churches. This would allow a permit to be issued without the appli- cant having to wait for Public Hearings to be processed through the Planning Commission. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed amendment. In response to a question from Councilman Kanel, the City Manager explained that this procedure would apply only to carnivals not exceeding five days. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Harvey, seconded by Councilman Kanode 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 THE CYPRESS CITY CODE TO ADD SECTION 120.2.1 TO THE ZONING ORDINANCE OF THE CITY OF CYPRESS, APPENDE~ I TO SUCH CODE, "USES PERMITTED IN ANY ZONE, SUBJECT TO THE APPROVAL OF THE PLANNING DIRECTOR" City Council Minutes August 26~ 1968 It was then moved by Councilman Harvey and seconded by Councilman Noe to approve the first 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 RECESS: The Mayor declared a recess at 9:00 p.m. The meeting was called back to order at 9:14 p.m., all City Councilmen being present. PUBLIC HEARING RE: ZONE CHANGE NO. Z~170 (DIVERSIFIED SHOPPING CENTERS ON BEHALF OF ROBERT AND JULIA HELM): Since the applicant had no objections, it was moved by Councilman Noe, seconded by Councilman Kanel to continue the Public Hearing on Zone Change No. Z-170 until the regular City Council meeting of Tuesday, September 10, 1968, at 8:00 p.m. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: BOARD OF TRUSTEES MEETING: The City Manager reviewed a communication dated July 19, 1968, from Mr. Jack H. Kimball, District Manager of the Orange County Mosquito Abatement District, transmitting a copy of the minutes of the meeting of the Board of Trustees held July 18, 1968. A copy of these minutes are on file in the office of the City Clerk. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried this cormnunication be received and filed. COMMUNICATION FROM CYPRESS JUNIOR WOMEN'S CLUB RE: PROCLAMATION OF TEACHER RECOGNITION WEEKS: The City Manager reviewed a communication dated July 29, 1968, from Mrs. Walter Kawamura, Education Chairman of the Cypress Junior Women's Club, requesting the Mayor to proclaim the weeks beginning September 2 and September 9, 1968, as "Teacher Recogni- tion Weeks" in the City of Cypress. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to authorize the Mayor to proclaim the weeks of September 2 and September 9, 1968, as "Teacher Recognition Weeks" in the City of Cypress, following which Mayor Bowen did so proclaim. COMMUNICATION FROM CYPRESS PLANNING COMMISSION RE: EXTENSION OF WALKER STREET: The City Manager presented a request in the form of a Minute Action from the Planning Commission recon~nending that the City Council withhold any final approval of the plans for the extension of Walker Street until the Consultants who are preparing the Urban Environmental Plan have forwarded their recommendation relative to removal of the eucalyptus trees bordering the race track parking lot. The Public Works Director stated that the problem is due to the existence of eucalyptus trees in the area of the proposed right of way of Walker Street and advised that if Walker Street is to be extended without Eemoving these trees, additional right of way will have to be acquired which would increase the costs for this project substantially. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to withhold approval of the plans and specifications for the extension of Walker Street until the Consultants who are preparing the Urban Environmental Plan have forwarded their recommendation relative to removal of the eucalyptus trees bordering the race track parking lot; and that the Environmental Consultants be requested to expedite this phase of the Urban Environmental Plan. COMMUNICATION FROM CYPRESS PLANNING COMMISSION RE: USE OF RETARDING BASIN FOR RECREATIONAL PURPOSES: The City Manager presented a request in the form of a Minute Action from the Cypress Planning Commission recommending that the City Council consider the feasibility of using the retarding basin for recreational purposes during the months that it is not required for drainage purposes. City Council Minutes August 26, 1968 Following discussion, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to refer this matter back to the Staff for investigation with a report to be submitted to the City Council relative to the feasibility of utilizing the retarding basin for both drainage and recreational purposes. COMMUNICATION FROM CYPRESS PLANNING COMMISSION RE: REAR YARD SETBACKS FOR TWO STORY APARTMENTS ABUTTING RESIDENTIAL ZONING: The City Manager presented a Minute Action from the Cypress Planning Commission requesting the City Council to consider the adoption of an urgency ordinance which would increase the requirement for rear yard setbacks for two story apartments when abutting residential zoning from 50 feet to 150 feet. This would serve as an interim measure until a study can be completed by the Planning Department relative to an adequate setback requirement for two story apartments adjacent to R-1 zones. Following general discussion, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to continue this matter until the meeting of September 10, 1968, with the Planning Direc- tor to provide more information as to the necessity for this amendment. COMMUNICATION FROM CYPRESS SCHOOL DISTRICT RE: RESUME OF BOARD OF TRUSTEES MEETING: The City Manager indicated that the City has received a resume from the Cypress School District of the Board of Trustees meeting held August 5, 1968. A copy of this resume is on file in the office of the City Clerk. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried, this resume be received and filed. COMMUNICATION FROM CYPRESS SCHOOL DISTRICT RE: BOAi{D OF TRUSTEES JOINT MEETING: The City Manager reviewed a communication dated August 8, 1968, from Mr~ Vincent Lo Devaney, Secretary of the Cypress School District Board of Trustees, advising that the Board of Trustees would wish to conduct a joint meeting with the City Council on August 28, 1968, at 7:30 p,m. General discussion ensued relative to whether or not the City Council could discuss the Zone Change No. Z-171 which is the subject of a Public Hearing which has been continued to September 10, 1968. The main concern was that the Cypress School District was opposed to this zone change and would possibly introduce discussion concerning it during the joint meeting. Mayor Bowen at this time indicated that he had been in attendance at the Board of Trustees meeting when the School District had discussed this zone change; however, it had been placed on the agenda at the meeting and was not a part of the printed agenda. The City Attorney advised that it would be necessary for Mayor Bowen to disclose the fact that he had artended the Board meeting at which this zone change was discussed during the course of the Public Hearing on this matter° Following discussion, it was moved by Councilman Noe and seconded by Councilman Kanode to appoint the Mayor, Mayor Pro-tem and City Manager as a committee representing the City Council to attend the Joint meeting with the Cypress School District Board of Trustees. In response to a question from Councilman Kanel, the City Attorney advised that this committee could not discuss the zone change with the School Board outside of a Public Hearing. Councilman Noe amended his motion to include the City Attorney on the committee and Councilman Kanode concurred in the amended motion, which was unanimously carried. City Council Minutes August 26, 1968 COMMUNICATION FROM RESIDENTS ON JUANITA STREET RE: SPEED LIMIT ON JUANITA STREET: The City Manager reviewed a communication dated August 13, 1968, representing 31 families, most of which reside on Juanita Street, expressing their concern with the problem of excessive speed by vehicular traffic on Juanira Street and requesting the City Council to consider placing a three- way stop at Juanira and Lee, placing speed bumps or dips in Juanita Street and lowering the speed limit on Juanira from 35 m.p.h. to 25 m.p.h. The City Manager indicated that this matter was considered by the Advisory Traffic Committee, at which time the Co~ittee directed the Engineering Division to conduct a thorough study of the matter with a report to be made to the Traffic Committee at its meeting of September 13, 1968. Councilman Harvey indicated that in order to obtain an adequate study of the traffic flow problems, he feels that the study should be conducted after Cypress Junior College has been open for a few weeks and if the study is completed prior to September 13, 1968, school would not have been open long enough to obtain a fair estimate of the actual traffic flow. The Public Works Director indicated that if sufficient information is not available at the Advisory Traffic Committee meeting of September 13, 1968, to make a determination as to the need for a reduction of speed on Juanira Street, the matter would be continued until the next meeting of the Committee. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to refer this request for a speed study on Juanire Street back to the Advisory Traffic Committee pending completion of the study to be conducted by the Engineering Division, with this study to be undertaken during the time of day when the majority of students from Cypress Junior College would be utilizing Juanira Street on their way to and from school. COMMUNICATION FROM ORANGE COUNTY FIRE WARDEN RE: VOLUNTEER FIRE DEPARTMENT: The City Manager presented a communication dated August 13, 1968, from E. F. Osterman, Fire Warden for the County of Orange, replying to the report prepared by Mr. Phil Willtams regarding the Cypress paid- call Volunteer Fi re Department. General discussion was held by the Council members regarding the reply by Mrs Osterman which was not felt to provide adequate answers to some of the critical issues contained in Mr. Willtams' report. Mayor Bowen suggested that, in view of the criticisms of the Volunteer Fire Department which have been received, the City Manager be directed to prepare a recommendation as to the feasibility of establishing a City- operated fire department. Councilman Harvey also indicated that since certain cities in Orange County were protesting the establishment of a fire service area by Orange County, it may be advantageous for the City to investigate the possibility of establishing another program of fire protection in the event the fire service area is not formed. It was moved by Councilman Noe and seconded by Councilman Kanode to refer this comnunication back to the City Manager for study, with his recommen- dation to be presented back to the City Council. General discussion was held relative to Mr. Osterman attending an after- noon session of the City Council meeting to further discuss this matter, following which Councilman Noe's motion was unanimously carried° COMMUNICATION FROM WOMAN'S CLUB OF CYPRESS RE: ANNUAL BEAUTIFICATION PROGRAM AND PROCLAMATION OF CYPRESS BEAUTIFICATION WEEK: The City Manager presented a communication dated August 14, 1968, from Mrs. Robert E~ Crafts, President of the Woman's Club of Cypress, advising of the schedule of activities for the Second Annual Cypress Beautification Program and further requesting the Mayor and City Council to proclaim the week of October 27, 1968, as "Cypress Beautification Week." City Council Minutes August 26, 1968 It was moved by Councilman Noe, seconded by Councilman Kanel and unani- mously carried to authorize the Mayor to proclaim the week of October 27, 1968, as "Cypress Beautification Week" following which Mayor Bowen did so proclaim. COMMUNICATION FROM AMERICAN LEGION OF ORANGE COUNTY RE: PROCLAMATION IN HONOR OF AMERICAN LEGION'S GOLDEN ANNIVERSARY: The City Manager presented a communication dated August 17, 1968, from Steven R. Borak, 2nd Vice Conmander and Public Relations Officer of the 29th District of the American Legion of Orange County requesting the City Council to issue a proclamation in honor of the American Legion's Golden Anniversary. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to proclaim the period from September 1, 1968, through Noventer 11, 1969, as "The American Legion Golden Anniversary Year," following which Mayor Bowen did so proclaim. COMMUNICATION FROM CYPRESS ADVISORY TRAFFIC COMMITTEE: RE: TRAFFIC SAFETY WEEK: The City Manager presented a communication dated August 21, 1968, from the Advisory Traffic Committee outlining activities which have been scheduled during the month of September promoting traffic safety by school children and requesting the City Council to proclaim the week of September 15 through September 21, 1968, as "Traffic Safety Week" in the City of Cypress. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to authorize the Mayor to proclaim September 15 through September 21, 1968, as "Traffic Safety Week" in the City of Cypress, following which Mayor Bowen did so proclaim. COMMUNICATIONS FROM CITY OF COSTA MESA AND METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RE: WATSON INITIATIVE: The City Manager presented a communication dated August 21, 1968, from the City of Costa Mesa advising that the City Council of Costa Mesa went on record in opposition to the "Watson Initiative" and requesting the City of Cypress to Join in active opposition to this measure. The City Manager also reviewed a communication dated August 22, 1968, from the Metropolitan Water District of Southern California transmitting a Resolution of the Board of Directors of the Metropolitan Water District opposing the "Watson Initiative" and urging the rejection of this measure by all citizens. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried these communications be received and filed. COMMUNICATION FROM MIDWOOD MANOR TOWNHOUSE ASSOCIATION RE: CONSTRUCTION IN TRACT NO~ 6549: The City Manager reviewed a communication dated August 8, 1968, from the officers of the Midwood Manor Townhouse Association advising that Larwin Company is utilizing the block wall fence in Midwood Manor as a retaining wall for dirt and requesting the City to assist the Association in resolving this problem. The City Manager advised that the Building Superintendent has contacted Larwin Company requesting them to remove the dirt from the block wall fence. The Building Superintendent indicated that Larwin Company further advised that after Southern California Edison Company has completed installation of an underground service line, Larwin Company would install a retaining wall adja- cent to the Midwood Manor block wall and it is hopeful that these measures will alleviate this problem. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to instruct the Staff to notify Midwood Manor Townhouse Association of the action taken in this matter and request them to notify the Staff of any future problems in this area. CONSIDERATION OF APPOINTMENT OF PLANNING COMMISSIONERS: At this time, Mayor Bowen appointed Mr. Julius J. Davis, 9782 Avenida Monterey to a four-year term on the Planning Commission expiring August 5, 1972. It was moved by Councilman Harvey and seconded by Councilman Noe to approve the appointment of Mr. Julius J. Davis as a member of the Cypress Planning Commission for a four-year term to expire August 5, 1972. The motion was carried by the following roll call vote: Cii Council Minutes August 26, 1968 AYES: 4 COUNCILMEN: Harvey, Kanode, Noe, and Bowen NOES: 1 COUNCILMEN: Kanel ABSENT: 0 COUNCILMEN: None Mayor Bowen appointed Mrs. Vickie Evans, 9326 Cambridge Street, Cypress, to a four-year term on the Cypress Planning Commission expiring August 5, 1972o It was moved by Councilman Kanode and seconded by Councilman Harvey to approve the appointment of Mrs. Vtckie Evans as a member of the Cypress Planning Cormnission for a four-year term to expire August 5, 1972. The metion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanode, Noe, and Bowen NOES: 1 COUNCILMEN: Kanel ABSENT: 0 COUNCILMEN: None Mayor Bowen appointed Mr. Robert Cardoza, 6091 Lee Drive, Cypress, to fill the unexpired term of Mr. John Smith on the Cypress Planning Commission with the term to expire August 5, 1970. It was moved by Councilman Harvey and seconded by Councilman Noe to approve the appointment of Robert C. Cardoza to fill the unexpired term of John Smith on the Cypress Planning Commission with the term to expire August 5, 1970. 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 acknowledging the ser- vices of former Planning Commissioners Ernest Holden, Henry Hitkey and John Smith on the agenda at this time. It was moved by Councilman Noe and seconded by Councilman K&node to request the preparation of Resolutions of Commendation and Community Service Plaques to be presented to former Planning Commissioners Ernest Holden, Henry Hickey and John Smith at the City Council meeting of September 10, 1968. The motion was unanimously carried by the follow- ing roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None At this time, Mayor Bowen introduced Robert Cardoza, who thanked the Council for the appointment and indicated his desire to serve on the Planning Commission. CONSIDERATION OF TENTATIVE TRACT MAP NO. 6653 (LARWIN COMPANY): Mr. Arthur Rosenthai, 9300 Wilshire Boulevard, Beverly Hills, California, addressed the Council requesting that consideration of Tentative Tract Map No. 6653 be continued until the regular City Council meeting of September 10, 1968. It was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried to continue consideration of Tentative Tract Map No~ 6653 until the City Council meeting of September 10, 1968. CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMENT WITH CITY OF LOS ALAMITOS FOR IMPROVEMENT OF BLOOMFIELD STREET BRIDGE: The City Manager presented a report dated August 14, 1968, advising of the necessity to enter into a Joint Powers Agreement with the City of Los Alamitos for the widening of the Bloomfield Street Bridge over Carbon Creek Channel. This Agreement provides for the City of Los Alamitos to design and con- struct the project and for the City of Cypress to reimburse Los Alamitos in the amount of one-fourth of the total cost. The report indicated that the Agreement has been reviewed and approved by the City Engineer and City Attorney. City Council Minutes AuMust 26, 1968 It was moved by Councilman Noe and seconded by Councilman Kenode to approve the Joint Powers Agreement between the City of Cypress and the City of Los Alamitos for the widening of the Bloomfield Street Bridge across Carbon Creek Channel and authorize the Mayor to sign and the City Clerk to attest the Agreements. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None CONSIDERATION OF RECOMMENDED ORANGE COUNTY FLOOD CONTROL DISTRICT CON- STRUCTION PROJECTS FOR 1969-70 FISCAL YEAR: The City Manager pre- sented a report dated August 20, 1968, outlining the scope of three projects which are proposed to be presented to the Orange County Flood Control District Advisory Committee for consideration for inclusion in the District's 1969-70 fiscal year budget. The projects consist of the 2-A-3 Storm Sewer Channel and the 2-A-1 Retarding Basin and Pump Station at an estimated cost of $250,000; the 14-A-1 Storm Sewer Pipe in Orange- wood Avenue west of Valley View at an estimated cost of $100,000; and the 4-A-1 Dairyland Storm Channel Extension from the east side of Walker to approximately 600 feet southeast of Lincoln Avenue, at an estimated cost of $30,700. It was moved by Councilman Noe and seconded by Councilman Kenode to approve the forwarding of a request to the Orange County Flood Control District for inclusion of the 2-A-3 Storm Channel and the 2-A-t Retarding Basin and Pump Station, the 14-A-1 Orangewood Storm Drain west of Valley View; and the extension of the Dairyland Storm Channel from the east side of Walker Street to approximately 600 feet southeast of Lincoln Avenue in the 1969-70 Flood Control District Budget. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None CONSIDERATION OF SALE OF DRAINAGE BONDS: The City Manager presented a report dated August 22, 1968, transmitting a proposed Ordinance and Resolution providing for the Issuance of Drainage Bonds for the City in the amount of $900,000. The City Manager stated that Orange County Flood Control District has indicated concern over the effect the Watson Amend- ment, if adopted, would have on the City's attempt to sell its drainage bonds~ The City Manager advised that there may be concern over the fact that the voters were advised during the bond campaign that the bonds would be sold on an as-needed basis only; however, it appears, due to the Watson Initiative that the City has no alternative but to sell the bonds at this time. The City Manager further advised that if there is no major change in the bond market, interest rates by the time the bonds are sold, it appears that through an investment program of the bond funds, the City will obtain sufficient revenue to offset the cost of the early sale of the bonds. Councilman Kanel inquired as to whether the Watson Amendment could be nullified by the State Supreme Court if it was determined that the effects of the Amendment would threaten the health, safety and welfare of the people; whereupon the City Attorney advised that since the Watson Amendment is a measure imposed by Initiative, it would have to be removed from the Constitution by Initiative and the earliest time this could be accomplished would be in November of 1970. In answer to an inquiry from Councilman Kanel, the City Attorney reviewed the required procedures that the City Council must follow in selling bonds and emphasized the need for these bonds to be sold prior to the Election on the Watson Initiative. Following discussion, it was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to read the following Ordinance by title only, title as follows: City Council Minutes AuMust 26~ 1968 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA, PROVIDING FOR THE ISSUANCE OF DRAINAGE BONDS OF SAID CITY IN THE AMOUNT OF $900,000 It was moved by Councilman Noe and seconded by Councilman Kanode to approve the first reading of this Ordinance. At this time, Councilman Kanode indicated that he did not feel that the City could afford not to sell the drainage bonds in view of the proposed Watson Amendment. He also stated that he does not think the sale of the bonds is contrary to what the voters had desired since they overwhelmingly approved the bonds for the purpose of drainage and as long as the bonds are used for that purpose he feels the City is acting within the desires of the majority of the community. Councilman Noe's motion to approve the first reading of the above Ordinance was then unanimDusly 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 Harvey and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 899 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DIRECTING THE CITY CLERK TO PUBLISH NOTICE INVITING SEALED PROPOSALS FOR BONDS OF SAID CITY. 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 AGREEMENT WITH STATE DIVISION OF HIGHWAYS FOR MAINTENANCE OF LINCOLN AVENUE: The City Manager presented a report dated August 21, 1968, advising of the necessity to enter into a new agreement with the State Division of Highways for the maintenance of Lincoln Avenue° This new agreement is necessary due to the City's annexation of additional area on Lincoln Avenue which should be included in the maintenance agreement. It was moved by Councilman Noe and seconded by Councilman Kanode to adopt the following Resolution, title as follows: RESOLUTION NO. 900 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF CYPRESS The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF ENGINEERING PROPOSAL FOR THE 7-A-1 DRAINAGE FACILITY ON VALLEY VIEW STREET NORTH OF THE CARBON CREEK CHANNEL: The City Manager presented a report dated August 21, 1968, reviewing a proposal submitted by Consolidated Engineering for engineering investigation and design and preparation of plans and construction specifications for the storm drain in Valley View Street extending from the Carbon Creek Channel northerly to approximately 1300 feet south of Orange Avenue. City Council Minutes August 26, 1968 The proposal indicates that the work will be accomplished at a maximum cost of $2,800, which according to Condition No. 15 on Tentative Tract Map No. 6653, is to be advanced by the developer of this Tract subject to reimbursement at a later date. The report further indicated that the Public Works Department believes Consolidated Engineering to be a com- petent engineering consultant and qualified to perform this work for the City. It was moved by Councilman Noe and seconded by Councilman Kanode to authorize the engineering design of Master Plan of Drainage Facility, Project 7-A-1 on Valley View Street north of the Carbon Creek Channel and to authorize the City Manager to accept the proposal of Consolidated Engineering Company dated August 15, 1968, for the engineering design and construction staking with the funds for this work to be advanced by Larwin Company in accordance with Condition No. 15 on Tentative Tract Map Noo 6653° 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 REQUEST FOR EXPENDITURE FOR WELCOME TEACHERS BREAKFAST: The City Manager presented a report dated August 20, 1968, reviewing the activities planned for the Welcome Teachers Breakfast and Program scheduled for September 4, 1968, in which new teachers from the Cypress Elementary School District, Cypress Junior College and Oxford Junior High School will be invited to participate. The report further indicated that the City has been requested to provide funds to cover the cost of the food needed for the breakfast. It was moved by Councilman Kenode and seconded by Councilman Noe to authorize an expenditure of $200 for the Welcome Teachers Program and Breakfast to be held on September 4, 1968. The motion was unanimously mrried by the following roll call vote/ AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None CERTIFICATION OF EMPLOYMENT LIST--POLICE DISPATCHER: The City Manager presented a report dated August 20, 1968, reviewing the results of an open competitive examination conducted for the position of Police Dispatchera It Was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to certify the Employment List for Police Dispatcher as submitted. CERTIFICATION OF EMPLOYMENT LIST--BUILDING INSPECTOR: The City Manager presented a report dated August 21, 1968, reviewing the results of an open competitive examination conducted for the position of Building Inspector~ It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to certify the Employment List for Building In- spector as submitted. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 19467 THROUGH 19561: It was moved by Councilman Noe and seconded by Councilman Kanode to approve the Conmmrcial Warrant List for Warrants No. 19467 through 19561 in the amount of $93,446.39. Following dis- cussion, the motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None City Council Minutes August 26,.1968 CONSIDERATION OF ESTABLISHMENT OF 1968-69 TAX RATE: The City Manager presented a report dated August 21, 1968, outlining the need to establish the 1968-69 tax rate for the City of Cypress and indicating that based on the preliminary assessed valuation figures for the City as received from the Office of the Orange County Assessor, it would appear to be in conformance with the 1968-69 Annual Budget to maintain the current $1.00 per $100 assessed valuation tax rate for the 1968-69 fiscal year. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. 386 AN ORDINANCE OF THE CITY OF CYPRESS FIXING THE MUNICIPAL TAX RATE FOR THE FISCAL YEAR 1968-69 It was moved by Councilman Noe and seconded by Councilman Harvey to adopt the above Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kanode, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Bowen ORAL COMMUNICATIONS: There were no oral communications presented at this time. In response to a question from Councilman Harvey, Chief Savord compared the incidents of crime in the conm~unity during night racing as compared to periods when racing is not being conducted in the City. In response to a question from Mayor Bowen, the Police Chief advised that he knew of no law which would prohibit installing speed bumps on Larwin Avenue; however, he indicated that it could prove hazardous for the police motor officer. In answer to an inquiry from Councilman Kanode, the City Manager indicated that he felt the League of California Cities would take an agresstve position in its atten~ts to defeat the Watson Amendment. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to adjourn the meeting at 10:39 p.m. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY ~LERK 6F THE C~TY OF CYPRESS