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Minutes 69-05-12MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 12, 1969 The regular meeting of the Cypress City Coumcil was called to order at 4:00 p.m. on Monday, May 12, 1969, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Delno G. Kenode presiding. PRESENT: Councilmen Bowen, Harvey, Kanel, Noe, and Kenode ASSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. trickson, and Administrative Assistant Cane Poetthor. MINUTES: It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to approve the Minutes of April 28, 1969 as mailed. Mayor Kenode stated that the Minutes of the Adjourned Regular Meeting of May 1, 1969 would be continued until the Meeting of May 26, 1969. The City Manager reviewed discussions which have been held between representa- tives of the Public Works and Police Departments and of the Los Alamitos Race Course relative to the need for dtrectional signing to the Los Alamitos Race Track. It was moved by Councilman Kenel, seconded by Councilman Harvey and unanimously carried to place this matter on the agenda for consideration at this time. The City Manager stated that the Staff felt this signing would be of benefit to both the Race Track and the City since it would avoid congestion at inter- sections and would expedite the movement of traffic into the Los Alamitos Race Track entrances. The City Manager reviewed the location of these signs, and indicated that since the Los Alamitos Race Course is a unique facility, the placement of these signs in the public right of way would be J ustified. In reviewing the size of the proposed directional sign, Councilman Harvey suggested that due to the size of the sign it appeared more of an advertising sign than a directtonal sign. Councilman Noe stated that he would be in favor of the proposed size of the sign if the word "Cypress" were to be placed on the bottom of the sign. Following further discussion regarding the size of these signs, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to continue consideration of this matter until after consideration of the Position Classification and Salary Study. CONSIDERATION OF POSITION CLASSIFICATION AND SALARY SURVEY STUDY: At this time, the City Manager introduced Mrs. Anita Johnson, Survey Director of Cooperative Personnel Services, who discussed the methodology and sources of information used in recon=nending salary levels, the survey objectives and procedures and the findings and recou=eendations resulting from the position classification and salary survey. Mrs. Johnson thanked the City Council for the opportunity to prepare this study for the City and the City Staff for their cooperation in completing this survey. The City Manager expressed the Staff's appreciation to Mrs. Johnson for her cooperation throughout this project. In response to a question from Councilman Noe, Mrs. Johnson stated that the Council and City Staff would be welcome to contact her office if they had any questions regarding the survey. 303 City Council Minute~ May 12, 1969 It was moved by Cotmcilman Bowen, seconded by Councilman Noe and unanimously carried to postpone consideration of the Position Classification Plan and Salary Survey until the regular City Council meeting of May 26, 1969. RECESS: The Mayor declared a recess at 5:06 p.m. The meeting was called back to order at 5:14 pom. with all City Councilmen present. CONSIDERATION OF INSTALLATION OF DIRECTIONAL SIGNING FOR LOS ALAMITOS RACE COURSE: Discussion resumed regarding whether or not the City should allow the Los Al-mftos Race Course to install directional signs in various locations throughout the City. It was moved by Councilman Bowen and seconded by Councilman Noe to authorize the City to install the pole and directional signs for the Los Alamitos Race Course in various locations throughout the City, with the Race Course to order and pay for the signs, subject to the placement of "Cypress" at the bottom of the signs. Councilman Harvey stated that he was concerned not with the wording of the sign but rather the size, which he felt was too large for a directional sign. In response to a question from Councilman Harvey, the Planning Director advised that since this would be considered a municipal sign, no size requirements would be imposed. Councilman Bowen's motion was then carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe, and Kenode NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None The City Manager advised the City Council that Advisory Traffic Committee member Wayne Burnham had been absent from 7 of the 12 meetings of the Traffic Committee during the last year. He further indicated that Mr. Burnham has changed his place of employment which may have contributed to his being absent° It was generally agreed that the City Manager should contact Mr. Burnham to determine his availability for attendance at Traffic Committee meetings. The City Manager requested clarification from the City Council as to the policy for use of the Corcmuntty Meeting Room. In this regard, he advised that the City has recently received and approved a request for a monthly meeting of the National Association of Letter Carriers, Branch 5709, which is a local union of the Cypress Post Office; however, the Postmaster has expressed displeasure that a local union would be authorized to use a public facility at no cost. The City Manager stated that the City Attorney has advised that there is no legal restriction in authorizing this type of organization to use a public facility; however, the City Council has within its discretion the right to determine whether or not this policy should be continued. In response to questions from the City Council members, the City Manager reviewed the policy which has been followed to date in allowing the use of the room by community organizations. He further stated that individual applications for use of the Cozenunity Meeting Room have been approved for the Letter Carriers Association; however, they are now requesting authorization to use the room on a monthly basis. General discussion ensued as to a policy of allowing nonprofit conunity organizations to use the room at no cost and of imposing a $10.00 charge for those organizations which are not nonprofit. Councilman Harvey stated that he had no objection to the Letter Carriers meeting at the Civic Center facility; however, he would be opposed to their using it on a permanent basis° -2- City Council Minutes M~.y .12 ~ 1969 Councilman Bowen stated that the Postmaster had contacted him and registered a complaint about the use of this room by the Letter Carriers Local Union based on a union using public taxpeyers property free of charge. It was genarally agreed that the request for use of the Community Meeting Room by the National Association of Letter Carriers be approved on a one-time basis, with the City Manager to obtain additional information as to the membership of this Association and as to the policies of other cities in regard to imposing a charge for use of public facilities. The City Manager indicated that he had received a request from the Executive Director of the Local Agency Formation Commission to continue consideration of the hearing on the dissolution of the Cypress County Water District until the Commission meeting of June 25, 1969, to allow Mr~ Turner additional time to compile information for preparation of his report. The City Manager reviewed his plans to appear at the hearing and to review the proposed scheduling for dissolution of the District prior to the end of the calendar year and to urge the Commission not to continue this matter beyond the June 25th date~ In response to an inquiry from Councilman Kanel, the City Attorney reviewed the advantages and disadvantages of dissolving the Cypress County Water District prior to the January 31st date both from a practical and technical standpointo The City Manager also reviewed various matters which would have to be completed for the transition from the Water District to the City, such as the preparation of joint powers agreements with other 3urisdictions. Following discussion, it was generally agreed that the City Council will not object to the continuance of the hearing on the Cypress County Water District dissolution to the 3une 25th meeting° The City Manager reviewed problems which have been encountered with the issuance of permits for Tract Noo 6653 as a result of a condition imposed by the City Council requiring the developer to enter into an Agreement with the Cypress Park and Recreation District for providing for the acquisition of additional park acreage within this tract prior to the recordation of the tract map° The City Manager advised that Larwin Company had submitted a letter which gave both the City and the Park and Recreation District the option to acquire the property which appears to satisfy the legal requirements but does not technically comply with the terms of the condition as imposed. The City Manager also advised that the County is processing the agreements but that it may be some time before they are finalized and in the meantime the scheduling of the Tract construction was being delayed~ It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried to place this matter on the agenda as Item No. 24, for consideration of modifying the condition imposed by the City Council on the approval of Tract Noo 6653 regarding the dedication and acquisition of the park site by Larwin Company. Councilman Harvey stated that the Aviation Committee of the League of California Cities had scheduled a meeting in Sacramento on Friday, May 16, 1969, and requested the Council's authorization for his attendance at this meeting° It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Noe and seconded by Councilman Bowen that Councilman Harvey be authorized to attend the Committee on Aviation Problems of the League of California Cities in Sacramento on May 16, 1969, and that he be reimbursed for his actual and necessary expenses, The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED:I COUNCILMEN: Harvey and Kanode - 3- 305 City Council Minutes May 12, 1969 RECESS: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to recess at 6:00 p~mo until 7:30 pomo CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilman Bowen, Harvey, Kanel, Noe and Kanode ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. E rickson, Administrative Assistants Gene Poertner and Douglas Dunlap, Police Chief George Savord, Planning Director George Putnam, Finance Director Jim Grissom, and Building Superintendent Tom Nudsono PRESENTATION OF COMMUNITY SERVICE PLAQUE WITH GAVEL TO FORMER MAYOR RICHARD Lo BOWEN: At this time Mayor Kanode presented Councilman Richard L~ Bowen with a Community Service Plaque with a mounted gavel for his services to the City and the community as Mayor from April of 1968 to April of 1969. Councilman Bowen expressed his appreciation to the City Council for having ~he opportunity to serve as Mayor° CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRUCTION OF MASTER PLAN STORM DRAIN 2-A-2 THROUGH. TRACT NO~ 5940 (PROJECT 6937-20}: The City Manager presented a report dated May 7, 1969 from the Public Works Director reviewing the results of a bid opening held on May 7, 1969 for construction of Master Plan Storm Drain 2-A-2 through Tract No~ 5940, known as City Project Noo 6937-20° Of three bids received, the one submitted by Lomar Corporation, 700 5th Street, Huntington Beach, California, in the amount of $19,232000, which is 39018% below the Engineer's estimate, was determined to be the lowest and best bid submitted° In response to an inquiry from Councilman Bowen, the Public Works Director advised that Lomar Corporation had based his bid on providing cast-in-place pipe rather than reinforced concrete pipe, which resulted in a lower bid price° The Public Works Director advised that Larwin Company has advanced funds for completion of th~s project° It was moved by Councilman Harvey and seconded by Councilman Kanel to determine that the lowest and best bid was submitted by Lomar Corporation for the ~onstruction of Master Plan Storm Drain 2-A-2 through Tract Noo 5940 and that the contract be awarded to Lomar Corporation as per their proposal dated May 7, 1969 in the amount of $19,232o00o 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 ORAL COMMUNICATIONS: There were no oral co~nunications presented at this time° COMMUNICATION FROM ST~ MARY'S HOSPITAL GUILD, INC. RE: WAIVER OF ADMISSIONS TAX FOR "NIGHT AT T~ ~ACES": The City Mm~ager reviewed a communication dated April 18, 196 from Mrs° Francis M~ Lowry, President of the Sto Mary's Hospital Guild, Inco, requesting the City Council to waive the admissions tax for the "Night at the Races" to be held on June 26, 1969 at the Los Alamitos Race Course, which is the annual fund-raising project of the Guild° The City Manager advised that St, Mary's Hospital Guild is a nonprofit organization and that annual waivers of admissions tax have been granted by the City Council to this organization in the past° - 4- 3O6 City Council Minutes May 12, 1969 It was moved by Councilman Bowen and seconded by Councilmen Noe to waive the admissions tax for the "Night at the Races" to be held on June 26, 1969 at the Los Alamitos Race Course, sponsored by St~ Mary's Hospital Guild, Inco 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 COMMUNICATION FROM CITY OF LONG BEACH RE: DAYLIGHT SAVINGS TIME: The City Manager presented a communication dated April 23, 1969 from the City Clerk of Long Beach, transmitting a copy of a Resolution of the Long Beach City Co%mcil urging support of a bill to provide that daylight savings time be observed nationally on a year-round basis. It was moved by Councilman Harvey and seconded by Councilman Noe to support this Resolution urging the observance of daylight savings time on a year-round basis as presented by the City of Long Beach° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Kenode COMMUNICATION FROM CITY OF COSTA MESA lIE: ASSEMBLY BILL 1356: The City Manager presented a communication dated April 24, 1969 from the City Clerk of the City of Costa Mesa transmitting a copy of a Resolution of that City Council urging the adoption of Assembly Bill 1356 placing firefighters in cities under the Employer-Employees Relations Act° The City Manager indicated that since the City of Cypress does not have a full-time municipal fire department, further studies have not been made of the impact of this measure upon the City of Cypress. It was moved by Councilman Harvey, seconded by Councilman Noe, and unanimously carried this communication be received and filed° COMMUNICATION FROM ORANGE COUNTY FAIR AND EXPOSITION RE: CITY' EXHIBIT BOOTH AT ORANGE COUNTY FAIR: The City Manager presented a communication dated April 26, 1969 from Mro Co Jo Marks, President of the Board of Directors of the Orange County Fair and Exposition inviting the City to participate in the 1969 Fair which has been scheduled for Tuesday, July 15 through Sunday, 3uly 20, 1969 by entering an exhibit booth° The City Manager stated that the City's participation in this event would require an expenditure of approximately $500 and would necessitate the transfer of funds to the Community Promotional Account. He further indicated that the Chamber of Con~nerce indicated they would participate in this event in cooperation with the City. Councilman Harvey stated that he had participated in the City's exhibit booth at the 1968 Orange County Fair and felt that this activity was an asset to the community in terms of promoting community identity° It was moved by Councilman Harvey and seconded by Councilman Noe to approve the Ctty's participation in the amount of $500 in the 1969 Orange County Fair and Exposition and to further authorize the transfer of $100 from the Reserve for Capital Improvements to the Non-Departmental Contractual Services Account. 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 -5- City Council Minutes May 12t 1969 COMMUNICATION FROM ATTORNEY FOR CYPRESS COUNTY WATER DISTRICT RE: DISSOLUTION 207 OF THE CYPRESS COUNTY WATER DISTRICT: The City Manager presented a com~unication dated April 29, 1969 from Mr. George G. Logan, Attorney for the Cypress County Water District, in which he outlines the action of the Cypress County Water District Board of Directors in response to the City Council's suggestion to hold a committee meeting between the City Co~mcll and Board of Directors regarding the dissolution of the Water District. It was moved by Councilman Harvey, seconded by Councilman Noe, and unanimously carried, this communication be received and filed. COMMUNICATION FROM COUNCIL ON INTERGOVERNMENTAL RRLATIONS RE: ALLOCATION FOR URBAN ENVIRONMENTAL PLAN: The City Manager reviewed a communication dated April 30, 1969 from Mr. Dennis Ro Foltz of the Council on Intergovernmental Relations advising the City that the sum of $20,590 has been allocated by the Department of Housing and Urban Development for development of the Urban Environmental Plano The City Manager reviewed the subsequent steps in the procedure to be followed in obtaining executed contracts for this project with the State of California and authorizing the Planning Consultant to proceed with the Project. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried, this communication be received and filed. NOTIFICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAcR CONTROL RE: TRANSFER OF. OFF-SALE BEER AND WINE LICENSE (SHOPPING BAG FOOD STORES): The City ManaSer reviewed notification from the Department of Alcoholic Beverage Control of an application for transfer of an off-sale beer and wine license from the Great Atlantic & Pacific Tea Company, Inc- to E. F. MacDonald Shopping Bag Food Stores, Inco for the market located at 9937 South Walker Street, Cypress. The Police Department has completed an investigation and finds no legal reason to protest this application. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried this notification be received and filed. COMMUNICATION FROM AIR CALIFORNIA RE: APPLICATION BEFORE PUBLIC UTILITIES COMMISSION FOR DIRECT AIRLINE SERVICE BETWEEN ORANGE COUNTY AND SACRAMENTO: The City Manager reviewed a communication dated May 2, 1969 from Mr. Carl A. Benscoter, President of Air California, transmitting a copy of a sample Resolution urging the California Public Utilities Commission to grant the application of Air California for direct airlines service between Orange County and Sacramento. The City Manager reviewed past City Council policy of not supporting any particular airline service before the Public Utilities; however, he indicated that the Council did support the need for increased airline service between the Long Beach Airport and the San Francisco Bay Area cities. It was moved by Councilman Harvey and seconded by Councilman Noe that the City Manager be requested to advise the Public Utilities Commission of the need for additional airline service between Orange County Airport and Sacramento. 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 REPORT ON POLICY OF POLICE DEPARTMENT ON RESCUE CALLS: The City Manager presented a report dated May 8, 1969 reviewing discussions which have been held with Police Chief Savord and Fire Warden Elmer Osterman in order to determine whether or not a policy exists in the Police Department to refrain from notifying the Fire Department on certain types of rescue calls. These discussions indicated that there has been no change in the policies of either the Police Department or the Fire Department in regard to emergency rescue calls and that the Fire Department is immediately notified of any emergency calls which, in the opinion of the dispatcher, require a fire rescue unit. This includes all calls which involve a threat to life, such as drownings, electrocutions, toxic gas fume victims, and extreme respiratory or heart failure victims. - 6 - City Council Minutes May 12~ 1969 The report further indicated that these allegations are the first complaints received in this regard by either the City Managerws office or by the Police Department personnel and that Chief Ostemnan has indicated that in his opinion there was a good working relationship with the Cypress Police Depart~entin both fire and rescue responses on the part of both departments. In response to a question from Councilman Kanel, the City Manager indicated that there are many factors to be taken into con~ideration by the police dispatcher in determining whether or not ~ call~poses a threat to human life. He further indicated that there is no policy whereby the City does not call the fire department in an effort to save money. Having received permission from the Mayor, Mr. Robert Whitelaw, 9342 Lime Circle, Cypress, addressed the Council, stating that he has conmended the Police Department on its services. He indicated, however, that there have been instances in which the police responses to rescue calls have not been adequate and that these have occurred since the Police Department acquired equipment which formerly had not been available to it. He stated that all equipment required to save a human life should be available. The City Manager suggested that if Mr. Whi~law has any apprehensions about the policy of the Police Department in reference to rescue calls he should bring these to the attention of the Fire Warden's Office, who would in turn bring these matters to the attention of the City Manager and Police Chief. Mr. Whitelaw stated that these problem have been discussed with various members of the Volunteer Fire Department and that he addressed the Council not as a member of the Fire Department but rather as a member of the community. Councilman Harvey advised Mr. Whitelaw that as a citizen he has every right to appear before the City Coancil. Councilman Harvey further suggested, however, that complaints or p~oblems of this nature could be handled with less difficulty by presenting them through the official channels. He further stated that he felt the Fire Department was performing a very good service. Councilman Kanel indicated that he felt it would be interesting to see a study of approximately seven days of police calls to see how many calls for rescue are relayed to the Fire Department. Mr. Whitelaw indicated that this matter would be discussed at the Fire Department Business meeting and that he would expect that the Department would contact the City Manager as well as Chief Osterman. Mr. Whitelaw stated that in its effect upon the conmunity, he would prefer that this matter not be pursued since in those cases where the problem has been observed it has been only a minor problem. At this time Chief Savord addressed the Council in response to Councilman Kanel's inquiry about the study of rescue calls and presented the Police Department log of police calls in which the disposition for each call was noted over a five-day period. He further reviewed complaints that had been submitted by Mro Whitelaw in the past and the mtions on his part that had been taken to meet with Mr. Whitelaw and resolve hie complaints. He further indicated that the allegations made were without merit and could hamper the good working relationship between the Police and Fire Departments. It was moved by Councilman Bowen and seconded by Councilman Harvey to request the City Manager to nofiy Mr. Whitelaw of the findings of the investigation into his statement about the policy of the Police Department regarding rescue calls. 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 -7- City Council Minutes May 12, 1969 309 CONSIDERATION OF APPROVAL OF FINAL TRACT MAP NO. 4137 (J. W. KLUG DEVELOPMENT COMPANY): The City Manager presented' the Final Map for Tract No. 4137 located on the south side of Ball Road approximately 645 feet west of Valley View Street, consisting of 6.913 acres and 40 R-1 lots, requested by J. W. Klug Development Company, 4540 Campus Drive, Newport Beach, California. The Public Works Director presented a report dated May 12, 1969 indicating that the final map agrees substantially with the tentative map as approved, the improvement plans are in the process of being checked by the Engineering Division, the Tract Map has been checked and found to be technically correct, and the bonds have been posted and fees have been paid. In response to a question from Councilman Bowen, Mr. La Mar Stewart, representing Millet, King & Associates, 511 South Brookhurst Street, Fullerton, the engineers for the developer, addressed the Council stating that he did not know if the Developer had contacted the School District in regard to the extension of the street along Lot 25, however it was his understanding that the Developer intended to include the request for the street extension with the completion of the development. Councilman Bowen stated that he would assume that when this request comes before the School Board, a member of the City Staff will be present. It was moved by Councilman Harvey and seconded by Councilman Bowan to approve Final Tract Map No. 4137, accept the bonds and agreements for public improvements in the amount of $60,950.00, which is not less than 50% nor more than 100% of the total improvements, authorize the Mayor and City Clerk to sign the agreements and authorize the City Clerk to sign the record map upon completion of the following requirements: 1. Approval of bonds and agreements by the City Attorney. 2. Completion of corrections required on the improvement plans. 3. Completion of minor corrections on the tract map. 4. Agreement by the developer to the above conditions. 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 ACCEPTANCE OF STREET IMPROVEMENTS ON VALLEY VIEW FROM CERRITOS TO THE SOUTH CITY LIMITS (PROJECT NO. 6959-I0-0000): :The City Manager presented a report dated May 7, 1969 from the Puj~lic W6rks Director advising that the street improvements on Valley View from Cerritos to the south City limits, known as ProJect 6959-10-0000, were completed in accordance with the plans and specifications by R. J. Noble Company. It was moved by Councilman Kanel and seconded by Councilman Noe to accept the work of the R. J. Noble Company for Project No. 6959-10-0000 for the street improvements on Valley View Street from Cerritos to the south City limits,'as being constructed in accordance with the plans and specifications and authorize the City Clerk to release the labor and materials and faithful performance bonds upon expiration of the required lien periods, providing no mechanic's liens have been filed. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowan, Harvey, Kanels Noe, and Kanode None None ACCEPTANCE OF IMPROVEMENTS AND AUTHORIZATION TO RELEASE BONDS FOR PHASE I OF MDODY-ORANGE STREET IMPROVEMENT PROJECT NO; 6901'10-0000: The City Manager presented a report dated May 7, 1969 from the Public Works Director advising that the Moody-Orange Street Improvement Project No. 6901-10-0000, Phase I was completed by E. L. White Construction Company in accordance with the plans and specifications. -8- C~ty Council Minutes May 12, 1969 Having received permission from the Mayor, Mr. John Smith, 9399 Esther Street, Cypress, addressed the Counci~ expressing his gratitude to the contractor for his performance in completing these street improvements with as little inconvenience to the residents of the area as possible. It was moved by Councilman Noe and seconded by Councilman Bowen to accept the improvements performed by E. L. White Construction Company on Phase I of the Moody-Orange Street Improvement ProJect No. 6901-10-0000 as being completed in accordance with the plans and specifications and to authorize the City Clerk to release the faithful performance and labor and material bonds upon expiration of the required lien periods, providing no mechanics liens have been filed. 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 At this time Mayor Kanode read a procl~m-tion which he had issued for the Veterans of Foreign Wars poppy sale and granted permission to address the Council to Mr. Benjamin Serna, 3591 Lucomeno Way, Los Alamitos, California, who presented buddy poppies to the City Council. RECESS: The Mayor declared a recess at 8:39 p.m. The meeting was called back to order at 8:44 p.m. with all City CounciImen present. CONSIDERATION OF RESOLUTION AUTHORIZING THE FILING OF AN APPL~CATION WITH THE STATE OF CALIFOi~NIA FOR EMERGENCY FLOOD RELIEF: The City Manager presented a ~ort dated May 6, 1969 from the Public Works Director outlining the necessity to adopt a Resolution authorizing representatives of the City to make application to the State of California for assistance in the repair and restoration of properties damaged during the rain storms that occurred in January 1969. It was moved by Councilmm~ Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 964 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING REPRESENTATIVES OF THE CITY OF CYPRESS TO E~iCUTE AND MAKE APPLICATION FOR STATE AID UNDER THE EMERGENCY FLOOD RELIEF LAW. 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 CONSIDERATION OF PRELIMINARY REPORT FROM CITY ENGINEER ON LIGHTING DISTRICT ~0- 2, INCLUDING ANNEXATION NO. 8: The City Manager presentedna report dated May 5, 1969 from the Public Works Director presenting the Preliminary Report for Lighting Dis trict No. 2 for the 1970 calendar year and various Resolutions which are necessary to initiate the proceedings for the establishment of this Lighting District and its annexation. The Public Works Director reviewed the Preliminary Report and the extent of the areas which are to be annexed to the District in the 1970 Calendar year. He also reviewed a m~p which outlined the types and locations of the street li htin i rovements g g mp ; It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: -9- City Council Minutes May 12, 1969 RESOLUTION NO. 965 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING CERTAIN PORTIONS OF THE CYPRESS LIGHTING DISTRICT OF OI1ANGE 'COUNTY LOCATED WITHIN THE BOUNDARIES OF THE CITY OF CYPRESS, TO BE WITHDRAWN FROM SAID DISTRICT The motion was AYES: NOES: ABSENT: unanimously carried by the following roll call vote: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe, and Kanode 0 COUNCILMEN: None 0 COUNCILMEN: None It was moved by Councilman Bowen and seconded by Councilm~m Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 966 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING A CERTAIN PORTION OF THE GARDEN GROVE LIGHTING DISTRICT, LOCATED WITHIN THE BOUNDARIES OF THE CITY OF CYPRESS, TO BE WITHDRAWN FROM SAID DISTRICT 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 Harvey and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 967 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVING THE PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 961 OF SAID COUNCIL The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILP~N: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe, and Kanode None None It was moved by Councilman Noe and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 968 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITE OF CYPRESS, TO BE INSTALLED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF TWELVE (12) YEARS BEGINNING JANUARY 1, 1970, TOGETHER WITH ANNEXATION NO. 8, WHICH STREET LIGHTING SYSTEM IS TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT 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 - 10 - Ci.ty Council Minutes May 12, 1969 It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 969 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT REFERRED TO IN RESOLUTION OF INTENTION NO. 968 AND DIRECTING THE CITY CLERK OF SAID CITY OF CYPRESS, CALIFORNIA, TO GIVE NOTICE OF SAID HEARING. 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 CONSIDERATION OF RESOLUTION ON EMPLOYEE-EMPLOYEE RELATIONS: The City Manager presented a report dated May 8, 1969 transmitting a Resolution which was prepared by the City Attorney's Office in response to requests from the Cypress City Employees Association and the Cypress Police Assodiation for official recognition by the City Council. The report indicated that this Resolution is consistent with recently enacted State legislation regarding employer-employee relations and has been reviewed with the Boards of Directors of both employee associations. It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 9 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROMOTING IMPROVED RELATIONS AND COM~3NICATION BETWEEN THE CITY OF CYPRESS AND ITS EMPLOYEES 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 qONSIDERATION OF CITY COUNCIL COMMITTEE APPOINTMENTS: The City Manager presented e report dated May 8, 1969 reviewing the Council's policy of making appointments to the various connittees od which the Council is represented following the reorganization of the City Council, and outlining the various comm4ttees for which appointments of City representatives should be made. Councilman Harvey stated that he had enjoyed serving as the City's representative on the committees to which he had been appointed the previous year. Mayor Kenode stated that since he, as Mayor, is the delegate to the Orange County League of Cities and the Southern California Association of Governments, he would continue to attend the meetings of these organizations as the City representative, with Mayor Pro-tem John Kanel serving as alternate. In the case of the Orange County Sanitation District, for which the Mayor is the automatic delegate, he reappointed Councilman Robert C. Harvey to continue to attend the meetings of this Association as the alternate representative. The Mayor further stated than unless the Council would obJect, he would determine that the existing appointments to the following committees would remain unchanged: - 11 - City Council Minutes May 12, 1969 313 ORGANIZATION REPRESENTATIVE Orange County Mosquito Abatement District Mayor Pro-tem John Kanel Cypress Park and Recreation District Advisory Board Councilman Robert C. Harvey City Audit Committee Councilman Frank P. Noe Councilman Richard L. Bowen Transportation Association of Southern California (TASC) Councilman Robert C. Harvey Fly Abatement Board Councilman John Kanel It was moved by Councilman Noe and seconded by Councilman Kanel to concur in the above appointments. 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 CERTIFICATION OF EMPLOYMENT LIST--CROSSING GUARD: The City Manager presented a report dated May 7, 1969 presenting the results of an open competitive examination which has been conducted for the position of Crossing Guard. It was moved by Councilman Harvey and seconded by Councilman Noe to certify the employment list for Crossing Guard as submitted. 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 CERTIFICATION OF EMPLOYMENT LIST-TMAINTENAN.~E-~MAN I: The City Manager presented a report dated May 12, 1969, presenting the results of an open competitive examination which has been conducted for the position of Maintenance Man I. It was moved by Councilman Bowen and seconded by Councilman Harvey to certify the employment list for Maintenance Man I as submitted. 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 CONSIDERATION OF CHANGE IN POSITION IN CITY CLERK'S OFFICE FROM STENOGRAPHER TO CLEI~ TYPIST: The City Manager presented a report dated May 12, 1969, reviewing the need to change the position in the City Clerk's office from stenographer to clerk typist since the position as it currently exists is not designed to utilize the full talents of the stenographic classification, thereby hampering effective recruitment of qualified applicants. ~/ It was moved by Councilmm~ Noe and seconded by Councilman Bowen to authorize a change in the position in the City Clerk's office from that of stenographer to clerk typist. 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 - 12 - City Council Minutes May 12 1 1969 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST :FOE WARRANTS NO~ 21255 THROUGH 21347: It was moved by Councilman Bowen and seconded by Councilman Noe to approve the Com-~rcial Warrant List for Warrants No. 21255 through 21347 in the amount of $160,445.83. 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 MODIFYING CONDITIONS ON TRACT NO. 66~3 lIE: PARK OPTION: The City Manager advised that in reviewing the Council's action on this matter, it was determined that the City Council had previously modified the condition regarding the acquisition of the park site to provide for Larwin Company to submit a letter agreement indicating their intention to enter into an Agreement with the Cypress Park and Recreation District for development of the park for this Tract. He further indicated that the City Attorney advised that this satisfies the requirements of the Council and no further action is required. RECESS: The Mayor declared a recess at 9:07 p,m. The meeting was called back to order at 9:10 p.m. with all City Councilmen present. Councilman Bowen reviewed a drainage problem which now exists on the Gouyd property located to the north of Tract 6222 as a result of the grading of this tract. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried to place this matter on the agenda for consideration at this time. The Public Works Director presented various solutions which have been proposed to solve this drainage problem. It was generally agreed that this matter would be referred to the Staff to be resolved. Councilman Harvey stated that he was very pleased with the landscaping design and maintenance that the Mobile Home Park on Lincoln Avenue has developed for their Lincoln Avenue frontage. ORAL COMMUNICATIONS: There were no oral co~mmnications presented at this time. ADJOUENMENT: There being no further business to come before the Council, it was moved by Councilman Noe, seconded by Councilman Harvey and unanimeusly carried to adjourn the meeting at 9:22 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CItY OF CYPRESS - 13 -