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Minutes 69-04-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 28, 1969 The regular meeting of the Cypress City Council was called to order at 4:05 p.m on Monday, April 28, 1969 in the City Council Chambers, 5275 Orange Avenue, Cypress, Mayor Richard L. Bowen presiding. PRESENT: Councilmen Harvey, Kanel, Kenode, Noe and Bowen ABSENT: None Also present were City Manager/City Clerk Dartell Essex, Assistant City Attorney Leonard Hampal, Administrative Assistants Gene Poertner and Douglas Dunlap, Public Works Director Arthur Schatzeder, Planning Director George Putnam and Finance Director Jim Grissom. It was moved by Cou~cilman Noe, seconded by Councilman Kenode and unanimously carried to consider Oral Communications at this time. Mr. Robert Whitelaw. 9542 Lime Circle, Cypress, California addressed the Council reading a prepared statement dated April 28, 1969 inquiring as to the policy of the Police Department relative to responding to rescue calls. He indicated that it had come to his attention that the Police Department, in an effort to reduce the number of paid-calls from the Volunteer Fire Department, had been responding to rescue calls which were normally assigned to the Fire Department. He stated that he felt this was an unsound practice and felt that the City was exposing itself to criticism in this regard. In response to a request from Councilman Kanel, Mr. Whitelaw indicated that he would provide the City Council with copies of his prepared statement. Councilman Harvey indicated that such a policy had not been approved by the City Council and that the Council in past actions has not and would not substitute money for the safety of the citizens. The City Manager stated that there has been no policy enacted either by the City Council or by his office relative to the Police Department answering rescue calls which are normally assigned to the Volunteer Fire Department. He stated that many times circumstances require the presence of personnel from both the Fire Depart- ment and the Police Department in which case personnel from either department uy be required to administer first aid. The City Manager further stated that he would discuss the policy of the Police Department regarding emergency and rescue responses with Chief Savord and would report back to the City Council. In answer to an inquiry from Councilman Kenode, the City Manager advised that he had not received any complaints in this regard from citizens. In response to a question from Councilman Kanel, the City Manager advised that he had received no calls from the Fire Department but that he was aware that the Police Chief and Fire Warden had met to discuss problems of commmunication. Mr. Whitelaw further discussed responsibility for determining death of and for administering first aid to persons as well as the importance of dispatching an ambulance to first aid situations in order that the proper equipment may be available. RECESS: It was moved by Councilman Noe, seconded by Mayor Bowen and unanimously carried to recess at 4:21 p.m. The meeting was called back to order at 4:30 p.m., with all City Councilmen present. City Council Minutes 283 April 28, 1969 MINUTES: It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to approve the MInutes of the Adjourned Regular Meeting of April 7, 1969 as mailed. It was moved by Councilman Kenode and seconded by Councilman Kanel to approve the Minutes of the Regular Meeting of April 14, 1969 as mailed. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Kenode and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Bowen The City Manager advised that the Steering Corr. n4 tree of the Goals Program had ex- pressed a desire to sell the first license plate frames with the "Progress '80" symbol to the Mayor and City Council during the City Council meeting. It was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously carried to place this matter on the agenda as Item la. The City Manager advised of a request which has been received from the City of La Palms for construction of a water line through the portion of Walker Street within the City limits of Cypress in order to connect to the water line of the Metropolitan Water District in Ball Road. This construction would necessitate excavating portions of the newly-paved portion of Walker Street from Ball Road northerly. The City Manager further reviewed several conditions which would be imposed by the City on the permit to be issued to the City of La Palms to perform this work. The City Manager indicated that the City has received a request from the City of Los Almm4tos to enter into a Joint powers agreement for street striping services. This service has in the past been provided to the City of Los Alamitos by Orange County. Since there was no objection from the City Council, the City Manager indicated that the Staff would pursue a study to determine the increased personnel and equipment needs which may be required to perform this work to be presented to the City Council at a later date. The City Manager indicated that a settlement had been reached through negotia- tions with the Harvey family in regard to condemnation of their property and it was felt that it would be appropriate to consider the acceptance of the deeds and Right of Way contract at this meeting. It was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to place this matter on the agenda as Item No. 10a. The City Manager indicated that he had received a request from the Woman's Club to plant a tree on the Civic Center site with a plaque placed either on the tree or on the ground in front of the tree indicating that the tree had been dedicated to the City in recognition of Mrs. Crafts, outgoing President of the Woman's Club, for her accomplishments in the field of beautificatton. General discussion was held relative to whether this would establish a precedent and as to whether the City should establish a policy in this regard, following which it was generally agreed that there would be no objection to allowing a tree to be planted in recognition of Mrs. Crafts' contribution to the community. Councilman Harvey indicated that he would wish the plaque to be of an appropriate design. General discussion was introduced by Councilman Harvey relative to the status of the City of La Palma's report concerning its withdrawal from the Cypress Park and Recreation District. 2 Council Minutes April 28, 1969 The City Manager indicated that he has been unable to contact the City Manager in La Palma regarding the results of this study on the Park District; however, it was his understanding that the La Palma City Council had taken some action regard- ing this matter. The City Council members requested the City Manager to contact the officials of the City of La Palma to determine the action taken by the La Palma City Council, with a report of this action to be considered by the City Council at its Joint meeting with the Planning Commission° Councilman Harvey stated that he felt the City Councils of La Palma and Cypress should be advised of each City's position in reference to withdrawal from the Cypress Park and Recreation District to determine whether or not the City Councils could cooperate in a withdrawal from the Park and Recreation District. EXECUTIVE SESSION: Upon the request of the City Manager, it was moved by Councilmen Kanode, seconded by Councilman Noe and unanimously carried to go into an Executive Session at 5:01 p.m. to discuss the settlement of the litigation with Kittie Howe and to discuss a personnel matter. The meeting was called back to order at 6:00 p.m~, with all City Councilmen present. RECESS: It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to recess at 6:01 p.mo 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, Assistant City Attorney Leonard Hampel, Administrative Assistants Gene Poertner and Douglas Dunlap, Police Chief George Savord, Public Works Director Arthur Schatzeder, Planning Director George Putnam, Finance Director Jim Grissom, Building Superintendent Tom Nudson and Administrative Intern Gary Kariker. PRESENTATION OF RESOLUTION OF COMMENDATION TO MRS° KAY GUTZMAN FOR HER AWARD AS ORANGE COUNTY YOUNG WOMAN OF THE YEAR: Mayor Bowen read in full Resolution No. 960 adopted by the City Council on April 7, 1969 commending Mrs. Kay Gutzman for receiving the award as Orange County Young Woman of the Year. Mrs. Gutzman thanked the members of the City Council for this Resolution, follow- ing which the members of the City Council expressed their individual congratula- tions to Mrs. Gutzmano SALE OF "PROGRESS '80" LICENSE PLATE FRAMES: Mr. Robert Hopkins, representing the Steering Comm{ttee of the Goals Program, invited the Mayor and members of the City Council to purchase a set of license plate frames which the Goals committees are selling as a fund-raising project and as a means of promoting community identity by the citizens of Cypress. On behalf of the City Council, Mayor Bowen expressed the Council's satisfaction with the success of the Goals Program, following which each City Councilman purchased a set of license plate frames. - 3- City Council Minutes April 28, 1969 CONSIDERATION OF APPROVAL OF AWARD OF CQNTRACT FOR CONSTRUCTION OF SEWAGE PUMP STATION AT ORANGEWOOD AND VALLEY VIEW (PROJECT 6939-2~):' The City Manager presented a report dated April 28, 1969 from the Public Works Director reviewing the results of a bid opening conducted by Larwin Company for construction of the Sewage Pump Station in Tract No. 6719 on Orangewood and Valley View and requesting authorization for Larwin Company to award the contract for this Project. Of three bids received for this Project, the bid submitted by Stevenson and Forster, of Artesia, California, in the amount of $73,731.95 was the lowest and best bid° The report indicated that Larwin Company will provide the funds for this Project, a portion of which will be subject to a Reimbursement Agreement. No City funds will be involved other than for the costs of checking and inspection° It was moved by Councilman Noe and seconded by Councilman Harvey to determine that the bid submitted by Stevenson and Forster in the amount of $73,731.95 for construc- tion of the Sewage Pump Station at Orangewood and Valley View was the lowest and best bid submitted and to authorize the award of contract for the project by Larwin Company to Stevenson and Forster. In response to a question from Councilmea Kanode, the Public Works Director advised that he was not acquainted with the work of Stevenson and Forster; however, the installation of the sewage pump station was a condition of approval of the Tentative Tract Map and the completion of the project is guaranteed by a faithful performance bend. 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 CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRWCTION OF MASTER PLAN STORM DRAIN 20-A-1 FROM TRACT 6775 TO THE BOLSA CHICA CHANNEL (PROJECT 6925-20}: The City Manager presented a report dated April 24, 1969 from the Public Works Director reviewing the results of a bid opening conducted on April 23, 1969 for construc- tion of Master Plan Storm Drain 20-A-1 from Tract Noo 6775 to the Bolsa Chica Channel. Of five bids received, the one submitted by Lomar Corporation in the ~ount of $51,954~00 was the lowest and best bid. This amount is 15.36% below the Engineer's estimate for the project. It was moved by Councilman Harvey and seconded by Councilman Kanode to determine that the lowest and best bid was submitted by Lomar Corporation, 700 5th Street, Huntington Beach, California, for construction of Master Plan Storm Drain 20-A-1 from Tract 6775 to Bols a Chica Channel and to award the contract to Lomar Corporation in accordance with their proposal dated April 23, 1969 in the amount of $51.954.00, subject to the advance of funds by the developer of Tract 6775 prior to the award of contract. The motion was unanimously carried by the follOw- ing roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None ORAL COMMUNICATIONS: There were no oral co~nuni cations presented at this time. COMMUNICATION ~RQM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MINDTES OF BOARD OF TRUSTEES MEETING: The City Manager reviewed a communication dated April 2, 1969 from Mr. Jack H. Kin~all, District Manager of the Orange County Mosquito Abatement District, transmitting a copy of the Minutes of the F~eting of the Board of Trustees held March 20, 1969. A copy of these Minutes is on file in the office of the City Clerk. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried this communication be received and filed. - 4- City Council Minutes April 28, 1969 COMMUNICATION FROM STATE CONTROLLER RE: ADVANCE APPORTIONMENT OF VEHICLE LICENSE FEE REVENUES: State Controller's Office advising that the advance apportionment of vehicle license fee revenues, which represent 75% of the estimated fees to be received for the 1968-69 fiscal year, is in the amount of $112,470.82 for the City of Cypress. The City Manager advised that this amount is based on the City's population of 24,100 and will be revised as of April 1, 1969 upon completion of the State Department of Finance Population estimate. The City Manager reviewed a communication dated April 4, 1969 from the It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, this communication be received and filed. COMMUNICATION FROM ATTORNEY GEORGE LOGAN OF CYPRESS COUNTY WATER DISTRICT RE: CONTINUATION OF HEARING BEFORE THE LOCAL AGENCY FORMATION COMMISSION FOR DISSOLUTION OF THE CYPRESS COUNTY WATER DISTRICT: The City Manager presented a copy of a communication dated April 7, 1969,addressed to James Erickson from Attorney George Logan on behalf of the Cypress County Water District,requesting the consent of the City to continue until September the hearing which has been scheduled before the Local Agency Formation Commission at its meeting of May 14, 1969 to consider the dissolution of the Cypress County Water District. This re- quest was made to allow the Water District additional time to adopt a budget and to levy a tax for the 1970-71 fiscal year and to further allow both sides additional time to gather necessary data and to formulate arguments on this matter~ The City Manager reviewed previous Council discussions in reference to the timing of the dissolution of the District in which it was agreed that the dissolution should be effective by December 31, 1969 in order to remove the District tax in the 1970-71 fiscal year. This would still allow the District to levy a tax for the 1969-70 fiscal year which would carry the operation of the District through June 30, 1970, and would allow approximately six months for the City and District to finalize the transfer of service and assets and to conclude the affairs of the District~ The City Manager further stated that four months have elapsed since the filing by the City Manager of the original report on the dissolution of the District. During this period of time, the City Council has granted a thirty-day continuance of its consideration of the dissolution proceedings in order to allow the District time to gather information and to prepare an analysis of the City Manager's report. The City Manager also reviewed discussions held by the Cypress County Water District Board of Directors in its consideration of a communication from the City Manager requesting the conduct of Joint meetings to discuss the dissolution of the District~ The Board of Directors decided that it would meet with the City Council, if the Council agreed to withdraw the Resolution which was filed with the Local Agency Formation Commission° Councilman Kanel stated that he had artended the meeting of the Board of Directors at which the communication was considered and reviewed the discussions held by the Board of Directors at that time. He also indicated that a communication was to be sent to the City Council from the Board of Directors advising of the Board's action on the City's communication. It was moved by Councilman Harvey to request the City Manager to advise Mr. Logan that the City Council desires to proceed with the hearing before the Local Agency Formation Commission and would object to any continuance or delay in reference to this matter. Councilman Kanode seconded the motion stating that he did not feel the reasons submitted by Mr. Logan were sufficient to warrant a continuation of the hearing. Councilman Harvey stated that he feels the City Council has given the Board of Directors of the Cypress County Water District every opportunity to meet Jointly with the Council to discuss the advantages and disadvantages of dissolution of the District; however, these attempts have not been successful. Councilman Harvey's motion was then 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 - 5 - City Council Minutes April 28, 1969 COMMUNICATIONS FROM C. E. BRABYN AND ROBERT L. DOWELL RE: ANNEXATION OF PROPERTY ON LINCOLN AVENUE: The City Manager presented a comm,mication dated April 8, 1969 from Mr. C. E. Brabyn, the property owner of six parcels of property at the north- west comer of Lincoln and Moody, indicating that he favors the annexation of his property to the City of Cypress. The City Manager also presented a communication dated April 25, 1969 from Mr. Robert L. Dowell indicating that he favors the annexation of his mobile home park at 4861 Lincoln Avenue into the City of Cypress. The City Manager indicated that as a result of discussions with other property owners in this area, it appears that an annexation proposal would be successful° He further advised that the Chamber of Corf~aerce is in the process of completing a special report regarding this matter and upon presentation of this report to the City Manager's Office, the City Council will be requested to consider an annexation proposal in this area° It was moved by Councilman Kenode and seconded by Councilman Noe that these communications be received and filed and the City Manager be authorized to continue to work with the Chamber of Comm~erce and property owners in the County unincorporated area along Lincoln to develop a proposal for annexation of this property to 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, Kenode, Noe and Bowen None None COMMUNICATION FROM H. AYANIAN, LARTS STUDY DIRECTOR, RE: ENDED AGREEMENT FOR LOS ANGELES REGIONAL TRANSPORTATION STUDY: The City Manager reviewed a communica- tion dated April 9, 1969 from Mr. H. Ayanian, LARTS Study Director, transmit ring a copy of the amended Agreement dated September 11, 1968 superseding the Los Angeles Regional Transportation Study Memorandum of Agreement of August 24, 1964, which the City Council had approved at its regular meeting of April 22, 1968o A copy of the Agreement will be kept on file in the office of the City Clerk. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried this Agreement be received and filed. COMMUNICATION FROM MESA LAND COMEANY RE: EXTENSION OF TIME FOR COMPLETION OF IMPROVEMENTS AT 6452 ORANGE AVENUE: The City Manager reviewed a communication dated April 9, 1969 from Dewane Brandon, Secretary-Treasurer of Mesa Land Company, requesting a six-month extension of time to complete the street improvements for the multiple family development at 6452 Orange Avenue. A six-month extension of time was provided under the terms of the original bond agreement which was sub- mitted in connection with the Variance granted for this development. In response to a question from Councilman Harvey, the City Manager stated that these improvements would be completed in advance of the City's improvement project on Orange Avenue which would not be funded until the next fiscal year° It was moved by Councilman Harvey and seconded by Councilman Kenode to authorize a six-month extension of time for completion of the street improvements required to be constructed by Mesa Land Company in accordance with the conditions of approval of Variance Noo V-256 and Bond No. M546592. 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 -6 - City Council Minutes April 28, 1969 COMMUNICATION FROM CYPRESS SCHOOL DISTRICT RE: WAIVER OF FILING FEE FOR CONDI- TIONAL USE PERMIT: The City Manager reviewed a communication dated April 11, 1969 from Mr. Paul C. Butler, Assistant Superintendent of Business Services, requesting a waiver of the $50.00 filing fee for the processing of a conditional use permit application for the proposed school site located at the comer of Holder and Orangewood. The City Manager advised that the City in the past has granted similar waivers of fees for other governmental agencies. In response to a question from Councilman Kanode, the City Manager advised that it is his understanding that the Cypress School District has obtained authoriza- tion from the State to proceed with the construction of a school in this area. The Planning Director further advised that he has received a communication from the State Division of Aeronautics advising that this location is an approved school site. It was moved by Councilman Noe and seconded by Councilman Kanel to authorize the waiver of the $50.00 filing fee for the processing of a conditional use permit application for the proposed school site located at the comer of Holder and Orangewood. 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 ACCEPTANCE OF DEEDS FROM HARVEY FAMILY IN SETTLEMENT OF CONDEMNA- TION LITIGATION: The City Manager indicated that the City Council has previously authorized acceptance of the Right of Way Contract and authorized the Mayor and City Clerk to sign this Contract and that the only action required at this time would be the acceptance of the easement deeds from the Harvey family. It was moved by Councilman Kanel and seconded by Councilman Kanode to accept the easement deeds from the Harvey family for settlement of the right of way acquisition and to authorize the City Clerk to record the deeds subject to approval by the Public Works Director and City Attorney. Councilman Harvey stated that he was not the property owner involved in this settlement, following which the above 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 COMMUNICATION FROM MAYOR RICHARD L. BOWEN RE: RESICNATION FROM POSITION AS MAYOR: The City Manager presented a communication dated April 18, 1969 from Mayor Richard L. Bowen offering his resignation as Mayor of the City Council. Councilman Noe suggested that it might be appropriate to continue this matter until the end of the City Council agenda; however, Councilman Harvey indicated that he would prefer the matter to be considered at this time since there are a number of persons in the audience who may be interested in this matter. It was moved by Councilman Kanel and seconded by Councilman Kanode to accept the resignation of Richard L. Bowen from the position of Mayor of the City Council. Prior to voting on this matter, discussion ensued relative to the policy of ro- tating the Mayor's position on an annual basis. In response to an inquiry from Councilman Harvey, Mayor Bowen stated that when he was elected to the position of Mayor, he had stated that there were five Councilmen on the City Council, all of whom are capable of serving in the capacity as Mayor, a~d that for this reason he felt the mayorship should be rotated on an annual basis. He further stated that his resignation is in accordance with his acceptance of the position of Mayor for a one year period. - 7- City Council Minutes April 28, 1969 Councilman Harvey stated that he is opposed to m%nual rotation of the position of Mayor since this is a position in which the other Councilmen place their trust and confidence. A person in this position is afforded the opportunity to serve the community in a way that does not become available to the Councilmen and in the course of a year a person in the position of Mayor has Just become acquainted with the duties of Mayor. He further stated that the more tenure a person has in the position of Mayor, the more influence he has throughout the community and in dealings with other agencies. He also stated that he feels Mayor Bowen has done an outstanding Job as Mayor and he would vote in opposition to his resignation.. Councilman Kenode indicated that he would disagree with Councilman Harvey's position on this matter in that he believes any member elected to the City Council is capable of holding the position, if his time and schedule permit and that he does not feel that the position entails such responsibility that would require continued service in that position. For this reason, he feels the position should be elected annually and would, therefore, agree with Mayor Bowen that his resignation should be tendered. Councilman Noe stated that he would concur in the statements made by both Council- men Harvey and Kenode; however, he feels that the most important item to be considered in holding the position of Mayor is whether or not a person is available to attend functions during the day. He stated that a person does not realize the duties required of the Mayor until he has served in that position; and whether he is available for these functions can only be determined by that individual. He also stated that he would be in favor of whatever Mayor Bowen decided relative to resigning from this position or serving in the capacity as Mayor for another year. Councilman Kanel stated that he felt Mayor Bowen wished to resign and it was his prerogative to do so. Councilman Harvey stated that in his experience in dealing with other cities, those cities which rotate the mayor's position on an annual basis do not maintain the same leadership qualities which were apparent in those cities which allowed the mayor to serve a longer term of office. Councilman Kanel's metion to accept the resignation of Mayor Bowen was then carried by the following roll call vote: AYES: 3 COUNCILMEN: Kanel, Kenode and Noe NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Bowen Councilman Harvey stated that for the reasons stated above, he would request permission to refrain from voting on the election of Mayor. At that time, Councilman Kenode tendered his resignation from the position of Mayor Pro-tem. It was moved by Councilman Kanel and seconded by Councilman Noe to accept Councilman Kanode's resignation from the position of Mayor Pro-tem. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Kenode and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Harvey The gavel was then turned over to City Clerk Dartell Essex to preside over the election of Mayor. Councilman Kanel nominated Councilman Delno G. Kenode for the position of Mayor. Councilman Noe moved that nominations for Mayor be closed. The metion was unanimously carried, with Councilman Harvey abstaining from voting. 8 City Council Minutes April 28, 1969 Councilman Delno G. Kanode was elected to the position of Mayor by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Kanode and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Harvey City Clerk Darrell Essex tuned the gavel over to newly-elected Mayor Kanode, who thanked the Council for electing him to this position and stated that nominations were open for the position of Mayor Pro-tom. It was moved by Councilman Bowen and seconded by Councilman Noe to nominate John Kanel as Mayor Pro-tom. It was moved by Councilman Noe and seconded by Councilman Bowen that nominations for the position of Mayor Pro-tem be closed. The motion was unanimously carried with Councilman Harvey abstaining from voting. Councilman John Kanel was elected to the office of Mayor Pro-tom by the following roll call vote: AYES: 3 COUNCILMEN: Bowen, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 2 COUNCILMEN: Harvey and Kanel Councilman Harvey stated that he has no objection to the persons elected to the positions of Mayor and Mayor Pro-tom, but that his objection was to the policy adopted by the City Council in reference to annual rotation of these offices. Councilmen Bowen stated that he would agree with the statements made by Council- men Harvey, Kanode and Noe relative to rotation of the office of Mayor. He stated that in many ways, he feels it is better to retain a Mayor for two years in order to increase his influence in the community; however, he also feels that all five Councilmen are extremely capable of occupying this position and should be given the opportunity. Councilman Bowen further reviewed the advances which have taken place in the City of Cypress since he became a resident in the area of citizen participa- tion and increasing stability of the community in general. RECESS: The Mayor declared a recess at 8:35 p.m. The meeting was called back to order at 8:55 p.m., with all City Councilmen being present m~d with Mayor Kanode presiding. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF ON-SALE BEER LICENSE AT V.I.P. BEER BAR (DEATHERAGE): The City Manager reviewed notification from the Depart~mnt of Alcoholic Beverage Control of an application for transfer of an On-Sale Beer License at the V.I.P. Beer Bar, 4612 Lincoln Avenue, Cypress, from Kenneth E. and Verna J. Gunderson and Myron and Eleanor E. Plum to Adella S. and Willie N. Deathsrage. The Police Department has completed an investigation of the applicants and finds no legal reason to protest the application. It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried, this notification be received and filed. COMMUNICATION FROM MR. LOUIS WESLER RE: USES FOR TECHNICAL VOCATIONAL BUILDING AT CYPRESS JUNIOR COLLEGE: The City Manager presented a communication dated April 14, 1969 from Mr. Louis E. Wesler, 10181 Angela Avenue, Cypress, which suggests varioUs uses and activities for the technical vocational building on the Cypress Junior College campus. The City Manager indicated that this matter would be decided by the officials of the Cypress Junior College and the North Orange County Junior College District. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried, this communication be received and filed. - 9 - 291 City Council Minutes April 28, 1969 Councilman Harvey stated that he felt Mr. Wesler's request was premature since facilities would be made available for the purposes mentioned in his communication as a result of the normal growth of the college. COMMUNICATION FROM CITY OF LA PALMA RE: PENALTY FOR POSSESSION OF MARIJUANA: The City Manager presented a communication dated April 23, 1969 from the City of La Palm transmitting a Resolution of the La Palm City CounCil urging defeat of proposed legislation which would reduce the penalty for possession of mariJuana from a felony to a misdemeanor. In response to a question from Councilman Harvey, the City Manager stated that he did not know whether or not the City Legislative Review Committee would have sufficient time to forward a recommendation on this matter to the Council prior to the Legislature's action on this measure. Councilman Kanel stated that in matters of this nature, he felt the Council should decide whether or not they would wish to take a position since he, as an individual, does not feel qualified to make a recommendation as to whether or not the penalty should be reduced. Councilman Harvey stated that he felt as elected representatives of the citizens of Cypress, the Council should take a position on matters of this nature and moved to concur in the Resolution from the City of Le Palms urging defeat of all proposed legislation which would reduce the penalty for possession of mariJuana from a felony to a misdemeanor. Councilman Bowen seconded the motion. In answer to an inquiry from Councilman Noe, the Police Chief stated that to his knowledge no position has been taken on this matter by either the California or Orange County Police Chiefs' Association. Considerable discussion ensued regarding the intent of the Resolution from the City of La Palms relative to whether it was urging defeat of the entire Assembly Bill 1003 or merely the section of the Assembly Bill reducing the penalty for possession of martJuana. Councilmen Kanal and Noe expressed a desire to review the Assembly Bill in its entirety prior to taking action on this matter. Councilman Harvey's motion was carried by the following roll call vote: AYES: 2 COUNCILMEN: Bowen and Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 3 COUNCILMEN: Kanel, Noe and Kenode The Assistant City Attorney advised that the above motion carried since abstaining votes go with the prevailing votes of the Council. CONSIDERATION OF APPROVAL OF TENTATIVE TRACT MAP NO. 4137 (J. W. KLUG DEVELOPMENT COMPANY}: The City Manager presented Tentative Tract Map No. 4137 located on the south side of Ball Road approximately 645 feet west of Valley View Street, consist- ing of 40 R-1 lots, 6.93 acres, requested by J. W. Klug Development Company, 4540 Campus Drive, Newport Beach, California. The Planning Director presented a report dated April 24, 1969 outlining the boundaries of the Tract and reviewing various conditions of approval recommended by the Planning Comm4ssion. He further stated that this Tentative map had previously been approved in February of 1968; however, the final map had not been filed within the required one-year period following the approval of the Tentative Map and had, therefore, expired. In response to an inquiry from Councilman Harvey regarding Condition No. 19, the Planning Director advised that even though the Cypress School District has previously indicated that they would not grant an easement for school purposes, the Planning Commission felt that the need for the easement warranted presenting the request again to the Cypress School District. - 10 - City Council F~tnutes April 28, 1969 The City Manager advised that the School District had previously denied the Council's request for an easement adjacent to the Schoolfor street purposes since they felt the cars coming to the school from this street would result in increased traffic congestion. Following general discussion, it was moved by Councilman Bowen and seconded by Councilman Harvey to approve Tentative Tract Map No. 4137 subject to the following conditions: 1. All 47' streets shall have 36' of paving curb to curb, and all 51' streets shall have 40' of paving curb to curb. 2. Drainage fees shall be paid in accordance with the Master Plan of Drainage. 3. Optional design fees shall be paid in an amount equal to 3~,% of the value of the property and shall be used for the development of the Community Park located northwesterly of the proposed subdivision. 4. Lot 25 shall be deleted and a north/south street shall be constructed to the boundary of the Tract. Developer shall be allowed to use a portion of the optional design fees for the construction of the street. 5. Stratmore Avenue shall be stubbed to the east for any future development of the street. 6. A Lot "~' shall be offered to the City for dedication at the end of Stratmore Avenue. 7. Drainage shall be solved to the satisfaction of the City Engineer. 8. A concrete block wall shall be constructed along the easterly and southerly property lines of the subject property, as approved by the City Staff. 9. Width of pavement sections of the streets and structural designs of the streets shall be approved by the City Engineer. 10. Interior street structural sections to be based on recomm~ndation and soils report by soils engineering firm acceptable to the City Engineer with a T.I. of 4.0 for streets with 36' of paving and a T.I. of 5 for streets with 40' of paving. 11. Fees shall be paid for the installation of 15 gallon trees within the subdivision; type to be approved by the City Staff. 12. Five foot sidewalks are permitted adjacent to curbs on all interior streets. 13. All streets shall be dedicated and improved within the boundary of the Tract. 14. A 3' parkway easement shall be provided behind and adjacent to all sidewalks on interior streets when the sidewalks are adjacent to the curb. This parkway easement shall not be more than 8~' in depth behind the face of the curb. 15. Drainage easements required to drain the adjacent property shall be provided as required by the City Engineer. 16. Advance street light energy charges shall be paid. 17. Developer shall provide a street lighting system approved by the City Engineer. 18. All lots shall drain to the front street at a minimum 1% grade. 19. Developer shall contact the Cypress School District to make application for an easement for street purposes for the area designated in condition #4 prior to the final inspection of the houses within the subdivision. 20. The 15' area on the easterly side of the proposed street shall be improved with lands caping and irrigation by the developer. Optional design fees may be used for this purpose. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None - ll - City Council Minutes April 28, 1969 CONSIDERATION OF APPROVAL OF TENTATIVE TRACT MAP NO. 6932 (S & S CONSTRUCTION COMPANY): The City Manager presented Tentative Tract Map No. 6932 located on the north side of Orangewood Avenue between Valley View and Knott Street, consisting of 788 R-1 lots, 137.7 acres, requested by S & S Construction Company, 8857 West Olympic Boulevard, Beverly Hills, California. The Planning Director presented a report dated April 24, 1969 outlining the boundaries of the Tract and reviewing various conditions of approval recommended by the Planning Con~nission. Councilman Bowen expressed his concern with the location of driveways on reverse corner lots and requested that the following condition be added as Condition No. 25: "The driveways for Lots 124,125, 130, 133, 138, 141,146, 147, 483, 491, 707 and 724 shall be situated at the farthest point away from the reverse comer lotso" In response to a question from Councilman Harvey, the Planning Director advised that the owner of the property along Knott Avenue reserved approximately 10 acres from the subdivision which he might be proposing to develop as commercial property; however, the Council will have the opportunity to decide whether comn~rcial use for this area would be desirable or whether it should remain zoned as R-1. Councilman Harvey expressed concern over the amount of fencing proposed along Orangewood Avenue which will give the tract the appearance of a walled-in community. The Planning Director advised that the Staff had proposed to discuss the treatnmnt of the parkways with the subdivider in an effort to increase the attractiveness of the area. The City Manager suggested that in order to provide the Staff with control over the treatment of the parkways on Orangewood Avenue, the following condition be added to the approval of the Map: "26. The developer shall submit to the City Staff for approval the proposed development for the treatment of parkways on Orangewood Avenue." Mr. Bernie McCune, Vice President of S & S Construction Company, 7865 E1 Dorado Plaza, Long Beach, California, addressed the Council reviewing the problems that have been encountered in acquiring this parcel of property for development and thanking the City Staff for its cooperation. He further stated that if the School District proceeds with the condeumation of the property on Orangewood Avenue for the school site, he would request that the developer net be required to include this property in the final subdivision map. However, if the School Dis trict does not acquire the property, his Company would develop the area at the time it develops that portion of the subdivision. Mr. McCune further stated that he would be happy to work with the Staff in developing an attractive parkway on Orangewood Avenue. In response to questions from the Council, the City Manager explained that the Staff feels the street should be paved adjacent to the school site and the developer feels that the School District rather than the subdivider should be responsible for this street paving. Mr. McCune stated that he would be happy to install the improvements, if the School District wishes to purchase an improved site; however, he would not wish to be responsible for the installation of improvements with no benefit of reim- bursement by the School District. The City Manager indicated that the recommendations to the Planning Commission in its consideration of the conditional use permit for the school site would include a condition requesting the School to purchase the site with improvements. This condition, if accepted by the School District officials, should resolve the problem. Following discussion relative to development of this Tract, it was moved by Councilman Kanel and seconded by Councilman Nee to approve Tentative Tract Map No. 6932 subject to the following conditions: - 12 - City Council Minutes A~ril 28, 1969 1. The property lines of the lots along the Orange County Sanitation District line shall be subject to the approval of the District and the City. H Street shall be moved easterly so as not to conflict with the entrance street of the adjacent tract southerly of Tract 6932. 3. Holder Street centerline shall be readjusted to match existing precise plan southerly of Orangewood Avenue. 4. Area shown as "Not a Part" shall be included as a lot in the Tract or an application for a Division of Land shall be filed. 5. Orangewood, Valley View and Holder Street shall be dedicated and improved in conformSnee with the General Plan of Streets and Highways. If Knott Avenue is included as a lot on the map, it shall also be improved to existing city standards. In any case, the improvements shall be installed around the north- west corner of Knott Avenue and Orangewood Avenue for a minimum distance of 150' northerly of the north right-of-way line of Orangewood Avenue and appropriate transitional paved areas, as approved by the City Engineer, shall be installed. 6. Vehicular and pedestrian access rights shall be dedicated to the City on all lots abutting any major arterial highway or abutting the proposed park sites or school site. 7. Concrete block walls shall be constructed along the periphery of the tract; this shall include a wall along Valley View, Orangewood, the Stanton Storm Channel and Holder Street, except along the public school site. The color and design of the wall shall be approved by the Planning Director. Six foot (6') high fences are also required adjacent to drainage easements in accordance with the height restrictions of the Zoning Ordinance. A 6' high concrete block wall is required along all lots siding on or backing up inmmdiately adjacent to any park or public school site. The size, type, style and color of this wall shall be approved by the Planning Director. Structural design of the wall shall be approved by the City Engineer. 8. All drainage fees shall be paid in accordance with the Master Plan of Drainage. Drainage shall be solved to the satisfaction of the City Engineer and no occupancy of any units shall be issued prior to the construction of the Master Plan of Drainage facilities in Orangewood Avenue. Drainage easements as shown are not approved. 9. All interior street trees size and type to be approved by the Director of Public Works. The trees shall be installed in accordance with the exist- ing street tree policy of the City. Permitted trees to be a minimum of 15 gallon size. 10. Five foot sidewalks are permitted adjacent to curbs on all interior streets with a 3' parkway easement to be provided behind and adjacent to all side- walks on interior streets. This parkway easement shall not be more than 8%' in depth behind the face of the curb. 11. All streets shall be dedicated and improved within the boundary of the Tract. 12. Interior street structural sections to be based on recoxmnendation and soils report by soils engineering firm acceptable to the City Engineer with a T.I. of 4.0 for streets with 36' of paving and a T.I. of 5 for streets with 40' of paving. All 51' streets shall be improved with 40' of paving curb to curb and all 47' streets shall have 36' of paving curb to curb. 13. Location of all street furniture shall be approved by the City Engineer. All advance street light energy charges shall be paid. Street Lighting system layout to be by the City of Cypress and the Southern California Edison Company. 14. Optional design fees shall be determined by the City Staff and shall be paid when the standard tract fees are paid. These fees shall be based on a 6% fee for 5°75 lots per acre maximum density. 15. The blue border of the tract shall go to the centerline of Orangewood and Knott Avenues and to the extent of ownership on Valley View Street. 16. Four foot tree wells shall be required on all streets having walks adjacent to the curbs, per City standards. 17. Developer shall construct curb and gutter, paving and sidewalk over the flood control culvert to the centerline of the culvert on Valley View Street. 18. All lots shall drain to the front with a minimum 1% grade. Street grades shall be .2% minimum. 19. Water system shall be a circulating type. 20. Design of walkway to the park site shall be approved by the Planning Director. - 13 - 295 Cit7 Council Minutes April 28, 1969 21. The 51' collector street entrance at "FF" and "II" Street shall be relocated to where Lot 613 exists between "DD" and "EE" Streets. 22. Street "DD" shall be knuckled at "HH" to the east and Street "CC" shall be extended northerly to "GG" to eliminate the intersection at "CC" and "H}{". 23. The subdivider shall provide a proposed precise alignment plan for Holder Street. 24. Developer shall show Lot "A" park site to include Lot 267. 25. The driveways for Lots 124, 125, 130, 133, 138, 141,146, 147,483, 491, 707 and 724 shall be situated at the farthest point away from the reverse comer lots. 26. The developer shall submit to the City Staff for approval the proposed development for the treatment of parkways on Orangewood Avenue° In answer to an inquiry from Councilman Bowen, the Assistant City Attorney advised that the Developer has the prerogative to request the Council to modify a condition which has been previously imposed at any time until the condition has been satisfied ~d the final tract map has been approved. In response to a question from Councilman Bowen relative to acquisition of the school site for this Tract, Mr. Graham, member of the Board of Trustees of the Cypress School District, addressed the Council stating that the School District has not taken final action on this matter since the State has encountered some financial problems and further action cannot be taken until these problems have been solved. He further stated that there will be a meeting with the State Board of Education and, hopefully, some indication will be received at that time as to the financial status of the School District. Councilman Bowen indicated that he would favor the developer returning at a future date to discuss the condition imposed regarding the school site; however, the City Manager indicated that if the conditions were imposed as recommended, the developer could request a modification in the event the School District acquires the property. Councilman Kanel's motion to approve the Tentative Tract Map was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF RESOLUTION ORDERING CITY ENGINEER TO PREPARE PRELIMINARY REPORT FOR STREET LIGHTING DISTRICT NO. 2: The City Manager presented a report dated April 7, 1969 from the Public Works Director outlining the necessity to initiate the proceedings for the establishment of a Lighting District by ordering the City Engineer to prepare the Preliminary Report. It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 961 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AN ASSESSMENT, DIAGRAM, PLANS, SPECIFI- CATIONS, ESTIM~E AND PRELIMINARY REPORT, PURSUANT TO THE PROVISIONS OF DIVISION 14, PART I, STREET AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET LIGHTING ACT OF 1919", FOR THE INSTALLATION OF, THE FURNISHING OF ELECTRIC CURRENT FOR AND THE MAINTENANCE OF A STREET LIGHT- ING SYSTEM IN SAID CITY FOR A PERIOD OF TWELVE (12) YEARS, BEGINNING JANUARY 1, 1970 AND ENDING JANUARY 1, 1982. The motion was AYES: NOES: ABSENT: unanimously carried by the following roll call vote: 4 COUNCILMEN: Bowen, Kanel, Noe, Kanode 0 COUNCILMEN: None 1 COUNCILMEN: Harvey - 14 - City Council I"d. nutes April 28, 1969 RECESS: The Mayor declared a recess at 10:21 p.m. The meeting was called back to order at 10:35 p.m. with all City Councilmen present. CONSIDERATION OF APPROVAL OF ARTERIAL HIGHWAY FINANCING PROGI~%M ADMINISTRATIVE AGREEMENTS FOR AMP PROJECTS NO. 475,477~ 491~ 499 and 514: The City Manager presented a report dated April 24, 1969 outlining the need to approve the Administrative Agreements with the County of Orange for projects requested to be included in the Arterial Highway Financing Program for the 1968/69 and 1969/70 fiscal years. These projects are AMP Projects No. 475 for Ball Road from Bloomfield to 400 feet west of Denni, No. 477 for Cerritos Avenue from 600 feet east of Valley View to Knott, No. 491 for Cerritos Avenue from Dennt to 600 feet east of Valley View, No. 499 for Holder Street from Ball to Orange, No. 514 for Orange Avenue from Bloomfield to Holder. The report further indicated the amounts to be allocated for these projects from the County Arterial Highway Financing Program, the City Funds and Gas Tax 2106 and 2107 Funds and explained that the City Gas Tax funds for these projects are either available at this time or will be received prior to construction. It was moved by Councilman Bowen and seconded by Councilman Noe to approve the Arterial Highway Financing Program Administrative Agreements for AHFP Projects No. 475,477, 491,499 and 514 and to authorize the Mayor to sign and City Clerk to attest these Agreements, subject to approval by the City Attorney. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey~ Kanel, Noe and Kanode None None It was moved by Councilman Bowen and seconded by Councilman Nee to allocate funds to these Projects from the Special Gas Tax Street Improvement Fund, as outlined in the Report from the Public Works Director. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF APPROVAL OF AGREEMENT WITH SOUTHERN PACIFIC COMPANY FOR STORM DRAIN CONSTRUCTION AT WALKER SOUTH OF CER~ITaS: The City Manager presented a report dated April 24, 1969 from the Public Works Director reviewing a proposed Agreement with the Southern Pacific Railway Company which will allow the City to construct a drainage structure under the railroad right of way at the opening of Walker Street south of Cerritos Avenue. The Agreement has been reviewed by the Engineering Division and the conditions of the agreement are satisfactory and acceptable. The report further indicated that this Agreement is the first of two which are required to complete this Project. It was moved by Councilmen Harvey and seconded by Councilman Noe to approve the Agreement with the Southern Pacific Railroad Company, subject to the approval of the City Attorney, which permits the City to construct drainage facilities in the railroad right of way at the opening of Walker Street and to authorize the Mayor to sign and the City Clerk to execute this Agreement on behalf of the City. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None - 15 - City Council Minutes 297 April 28, 1969 CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS'AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR APPLICATION OF GILSABtN~: 'TheCity'Manager presented a report dated April 24, 1969 from the Public Works Director outlining a proposal to apply Gilsabind to the streets generally located north of Orange Avenue between Walker and Valley View, a triangular area east of Valley View and south of the Southern Pacific Rail- road and the area north of Ball Road from Moody to Walker excepting Tracts No. 5704, 5957, 6307 and 5903 which are new subdivisions. This is in accordance with the preventative maintenance programwhich was initiated in the 1963-64 fiscal year. The report indicated that the estimated cost for sealing these streets is $7,100. The Public Works Director presented a map outlining the scope of this preventative maintenance program to date and explained that this program is established on a six to seven year cycle. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the plans and specifications for the application of Gilsabind to City streets and to authorize the City Clerk to advertise for bids to be received in the office of the City Clerk on May 22, 1969 at 10:00 a.m. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harveys Kanel, Noe and Kenode None None CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMENT WITH ORANGE COUNTY FOR CONSTRUCTION OF MOODY STREET IMEROVEMENTS'AN~,THE 2-A-10 STORM DRAIN: The City Manager presented a report dated April 23, 1969 from the Public Works Director reviewing a request from the County of Orange for the City to include in the Moody Street Improvement Project, the improvement of Moody from the end of the City Project north through unincorporated territory to the Southern Pacific Railroad tracks. This project would include the construction for the 2-A-10 Storm Drain on Moody Street which would be combined with the construction of the street improvements under the Arterial Highway Financing Project. The County has allocated $74,000 for this project and has increased the City's allocation of AHFP funds for this project to provide for AMP participation in the storm drain by $9,000. It was moved by Councilman Bowen and seconded by Councilman Noe to approve the Joint Powers Agreement with the County of Orange for construction of street improvements on Moody Street, AMFP Project 445, and for the 2-A-10 Storm Sewer, subject to approval by the City Attorney, and to authorize the Mayor to sign and the City Clerk to execute this Agreement on behalf of the City. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None It was moved by Councilman Ka~el and seconded by Councilman Noe to increase the budgeted amount for the Arterial Highway Financing Program portion of the Moody Street street improvement and.storm drain project by $83,000.00. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF EMPLOYMENT OF PART-TIME PERSONNEL: The City Manager presented a report dated April 24, 1969 requesting the City Council's consideration of renewing the program initiated in the suxmner of 1968 of employing students to assist the Public Works Maintenance Division in the maintenance of parkways, public grounds and storm drain channels. The report suggested that the number of maintenance aides be increased from six to eight, which would require an appropriation of $7,800 in the 1969-70 Budget, and indicated that the employment of these students during the suu~ner months will offset the need to employ - 16 - City Council Minutes April 28,. 1969 additional full-time maintenance personnel in the 1969-70 fiscal year. The report further outlined a request from the Pub li c Works Department for the employment of an engineering aide on a full-time basis during the sumMr months and on a part-time basis during the remainder of the fiscal year to assist in keeping the district and sewer maps current° The approval of this position, which would require a budgetary appropriation of $3,200,would preclude the employment of any additional full-time personnel in the 1969-70 fiscal year, The report further requested that if the Council concurred in these programs, the Staff be authorized to initiate the recruitment for these positions° It was moved by Councilman Bowen and seconded by Councilman Noe to concur in the program for the employment of eight maintenance aides during the summer months and in addition, the employment of one engineering aide for full-time employment during the summer months and part-time employment during the school year, and authorize the recruitment for these positions prior to the adoption of the 1969-70 Budget. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Noe and Kanode CONSIDERATION OF ESTABLISHING GRAHAM AS A THROUGH STREET: The City Manager presented a report dated April 24, 1969 presenting the recommendation of the Advisory Traffic Committee at its regular meeting of April 11, 1969 to establish Graham Street as a through street. This reco~mnendation was based on the problems of increasedvehicular and pedestrian traffic on Graham between Orange and Ball and on the ultimate traffic patterns, which will undoubtedly increase with the continued development of Oak Knoll Con~nunity Park° It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 962 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DEFINING AND ESTABLISHING GRAHAM STKEET FROM ORANGE AVENUE TO BALL ROAD AS A THROUGH STREET. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Noe and Kanode CGNSIDERATION OF STREET NAME CHANGE--SIMONE DRIVE TO I~ONALD DRIVE: The City Manager presented a report dated April 24, 1969 outlining the necessity to change the name of Simone Drive in Tract No. 6653 due to the fact that this nasa has previously been used in a development in the County unincorporated area adjacent to the City, md suggesting that this street name be changed to Ronald Drive since there is a Ronald Drive in an adjacent subdivision which is aligned to the new street, It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 963 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING NAMES OF CERTAIN STREETS TO BE CHANGED WITHIN THE CITY OF CYPRESS. - 17- Z99 Ctt~ Council Minutes April 28, 1969 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Noe and Kenode CONSIDERATION OF REQUEST TO AMR. ND AGREEMENT WITH DIEHL, EVANS AND COMPANY FOR AUDIT SERVICES: The City Manager presented a report dated April 24, 1969 re- viewing a request from Diehl, Evans and Company for an amendment to the existing Agreement between the City of Cypress and Diehl, Evans and Company for conduct of an annual audit to increase the annual audit fee from a maximum of $1,100 to a maximum of $1,300. This increase is based on the increased wage level paid for professional level accountants, the increased overhead costs and the increased financial activities of the City. It was moved by Councilman Bowen and seconded by Councilman Noe to approve the request of Diehl, Evans and Company for an amendment to the Auditor's Agreement providing for a new maximum fee of $1,300 and to 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: Bowen, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF REQUEST FOR BUDGET TRANSFEP~:. The City Manager presented a report dated April 24, 1969 outlining the necessity to make various budgetary transfers prior to the end of the current fiscal year. It was moved by Councilman Bowen and seconded by Councilman Noe to authorize a non-departmental budget transfer of $6,000 from the Street Maintenance Contractual Services Account to the Valley View Paving Project, and in addition to authorize the following transfers from the Reserve for Capital Improvements in the 1968-69 Budget: 1. Transfer 2. Transfer 3. Transfer 4. Transfer 5. Transfer 6. Transfer 7. Transfer Account. 8. Transfer 9. Transfer 10. Transfer 11. Transfer 12. Transfer 13. 14. of $650 to the Finance Department Contractual Services Account. of $650 to the Personnel Department-Advertising Account. of $6,000 to the City Attorney-Salary Account. of $2,500 to the Government Buildings-Contractual Services Account. of $1,000 to the Police Department-Utilities Account. of $4,000 to the Fire-Contractual Services Account. of $1,100 to the Street Maintenance-Rent of Property and Equipment of $6,800 to the Storm Drains-Rent of Property and Equipment Account. of $1,100 to the Storm Drains-Special Departmental Supplies Account. of $250 to the Maintenance-Repair of Equipment Account. of $400 to the Equipment Maintenance-Contractual Services Account. of $4,000 to the Weed Abatement-Contractual Serv]ces Account. Transfer of $120,000 to Construction Projects-Acquisition of Corporation Yard Account. Transfer of $2,000 to the Valley View Paving Project. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF SETTLEMENT OF CORPORATION YARD CONDEMNATION--KITTIE B. HOWE: It was moved by Councilman Bowen and seconded by Councilman Noe to authorize settlement of the Corporation Yard Condemation for property owned by Mrs. Kittie B. Howe in the ~ount of $9,500. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Noe and Kenode - 18- City Council Minutes April 28, 1969 CERTIFICATION OF EMPLOYMENT LIST--SECRETARY: The City Manager presented a report dated April 23, 1969 reviewing the results of an open competitive examination which has been conducted for the position of Secretary. It was moved by Councilman Bowen and seconded by Councilman Noe to certify the employment list for Secretary as submitted. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Noe and Kenode CERTIFICATION OF EMPLOYMENT LIST--CROSSING GUARD: The City Manager presented a report dated April 23, 1969 reviewing the results of an open competitive examination which has been conducted for the position of Crossing Guard. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to certify the employment list for Crossing Guard as submitted. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LI~T FOR WARRANTS NO. 21124 THROUGH 21254: It was moved by Councilman Noe and seconded by Councilman Harvey to approve the Commercial Warrant List for Warrants No. 21124 through 21254 in the amount of $219,350. In response to an inquiry from Councilman Harvey, the City Manager advised that Warrant No. 21153 is for the cost of hotel rooms for Mayor Bowen, Councilman Noe and the City Manager while they were in S~n Frandsco to meet with the officials from the Department of Housing and Urban Development and with officials from the Southern Pacific Railroad Company. Councilman Noe's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF APPOINTMENT TO CITY AUDIT COMMITTEE: Mayor Kanode stated that since he holds the office of Mayor, he would wish to resign from the Audit Comamittee and to appoint Councilman Richard L. Bowen to take his place on this Committee. Councilman Harvey indicated that one of the trees on Juanira Street had apparently been knocked over by a bulldozer working in the area and he stated that an effort should be made to preserve this tree since it is one of the permanent trees. The Public Works Director advised that he would investigate this matter. In response to an inquiry from Councilman Kanel, the City Manager advised that he would respond to the open letter addressed to the Register regarding the condition of the 3onathan Storm Channel explaining the action the City has taken in regard to emergency repairs on this project, and in regard to the City's efforts to obtain additional funds from other agencies to improve this channel. ORAL COMMUNICATIONS: There were no oral communications presented at this time. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to adjourn the meeting at 11:06 p.m. until 4:00 p.m. on Thursday, May 1, 1969 in the City Council Cha~mers to hold a Joint meeting~Pl~~sion. MAYOR OF ~HE CITY OF CYPRESS ATTEST: / CITY CLERK O~! T}~E CITY OF CYPRESS - 19 -