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Minutes 69-05-26MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 26, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, May 26, 1969, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Vice Mayor John Kanel presiding. PRESENT: Councilmen Bowen, Harvey, Kanel and Noe ABSENT: Mayor Kanode Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, Administrative Assistants C-ene Poertner and Douglas Dunlap, Publi~ Works Director Arthur Schatzeder, Planning Director George Putnam, and Finance Director Jim Grissom. MINUTES: It was moved by Coancilman Harvey, seconded by Councilman Bowen and unanimously carried to approve the Fntnutes of the Adjourned Regular Meeting of May 1, 1969, as mailed. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to approve the Minutes of the Regular Meeting of May 12, 1969, as mailed. The City Manager indicated .that two boys from a local scout troop would be awarded the rank of Eagle Scout at a Court of Honor to be held on May 27, 1969~ 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 Harvey and seconded by Councilman Noe to adopt the following Res61'~i6ns by title only, titles as follows: RESOLUTION NO. 971 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COI~ENDING CYPRESS BOY SCOUT GUY KIRKPATRICK ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NOo 972 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CYPRESS BOY SCOUT DAVID D. WEST ON ACHIEVING THE RANK OF EAGLE SCOUT. The metion was Unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: 0 COUNCILMEN: None ABSENT: 1.._~. COUNCILMEN: Kanode The City Manager inquired as to whether or not the City Council would wish to recognize the contributions of Miss Cypress of 1968. It was generally agreed that recognition of Miss Harper's contributions to the commUnity would be acknowledged at the June 9th City Council nmeting; at which time the newly elected Miss Cypress would be introduced. The City Manager indicated that Mr. Richard Boe, 4631 Newman Avenue, Cypress, had been requested to make a presentation during the evening session of the City Council meeting on behalf of the homeowners whose residences adjoin the Hyatt Die Casting Corporation operation on Lincoln Avenue. In order to expedite the Council's determination of an adequate solution to the problems in this area, Mr. Boe presented each of the Council members with a prepared statement which would be read into the record of the evening session. Mr. Boe requested that the Council take some definite action on this matter during the evening session of the City Council meeting. MAYOR KANODE ARRIVED AT 4:14 P. Mo, TOOK HIS PLACE ON THE PODIUM AND PRESIDED OVER THE REMAINDER OF THE MEETING. Following discussion, it was agreed that the City Council budget session would be held on Saturday, June 7, 1969, at 9:00 a.m. Following discussion regarding the establishment of salaries, it was determined that the salaries for department heads would be considered during the budget session. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to consider Items 6, 7, 10, 15, 17, 18, and 19 at this time. COMMUNICATION F~M ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MINUTES OF BOARD OF TRUSTEES MEETING: The City Manager presented a communication dated May 9, 1969, f~om Mro Jack H. Kimball, District Manager of the Orange County M~squito Abatement District transmitting the Minutes of the Meeting of the Board of Trustees of the District held April 17, 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 Bowen and unanimously carried this communication be received and filed. COMMUNICATION FROM TOWN OF EMERYVILLE RE: HOME RULE: The City Manager presented a communication dated May 16, 1969, from Mr. Donald J. Neary, Mayor of the Town of Emeryvtlle, transmitting a proposed Resolution opposing all State legislation which encroaches upon home rule in conjunction with the filling of the San F[ancisco Bay. The City Manager advised that the League of California Cities has taken a similar position in reference to this matter and suggested that the City Council may wish to concur in the contents of the Resolution concerning home rule~ Councilman Bowen stated that he did not feel the State's action in this matter was an encroachment on home rule since the inland waterways are considered the priority of the Federal and State governments and not of the local government° He further stated that the State's action in this matter was a result of the Bay Area's failure to solve their own problems. It was moved by Councilman Bowen and seconded by Councilman Noe this communication be received and filed. The motion was carried, with Councilman Harvey and Mayor Kenode voting in opposition to the motion. Mayor Kenode stated that he feels the principle of home rule is a vital issue and should be acted upon by the Counll; however, in reference to taking action in regard to filling in the bay, he would not feel the Council should take a position on this matter. Councilman Bowen and Noe indicated that their reason for making the motion was due to the wording of the Resolution of the Town of Emeryrills which specifically mentioned the expiration of the San Francisco Bay Area Conservation and Development Commission. Councilman Noe also stated that he would concur in Mayor Kanode's statement regarding the home rule. CONSIDERATION OF APPROVAL OF LEASE WITH FEDERAL GO.VERNMENT FOR TEMPORARY CONSTRUCTION EASEMENT FOR INSTALLATION OF 20-A-I STORM DRAIN (CITY PROJECT 6925-20): The City Manager presented a report dated May 19, 1969, from the Public Works Director reviewing the necessity to enter into a lease with the Federal Government for use of government property, at a rental fee of $100 per month, as a temporary construction area for the installation of the 20-A-1 Storm Drain through Tract No. 6719° It was moved by Councilman Harvey and seconded by Councilman Bowen to authorize execution of the lease on behalf of the City by the Mayor and City Clerk. The motion was unanimously carried by the following roll call vote: - 2 - AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None It was moved by Cotmctlman Harvey and seconded by Councilman Bowen to authorize the payment of $100 per month for the rental of the area covered by the lease for an estimated five months. 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 ADOPTION OF NATIONAL ELECTRICAL CODE, 1968 EDITION: The City Manager presented a report dated May 22, 1969, recommending the adoption of the 1968 National Electrical Code which incorporates the latest regulations and uses of materials which are recommended by the International Association of Building Officials. It was moved by Com%cilman Harvey and seconded by Councidman Bowan to adopt the attached Resolution establishing July 14, 1969, as the date of the public hearing to consider this Code by title only, title as follows: RESOLUTION NO. 973 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE FORM OF NOTICE TO BE GIVEN PURSUANT TO GOVERNMENT CODE SECTION 50022.3 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 APPOINTMENT TO ADVISORY TRAFFIC COMMITTEE: The City Manager presented a report dated May 22, 1969, indicating that Mr. Lloyd McPherson's term as a member of the Advisory Traffic Committee expired on March 11, 1969, and outlining the necessity to fill the vacancy on the Traffic Committee. The City Manager indicated that Mro McPherson has requested the City Council to consider his reappointmont to the Advisory Traffic Committee° It was moved by Councilman Bowen and seconded by Councilman Noe to reappoint Mro Lloyd McPherson to the Advisory Traffic Committee for a two-year term to expire March 11, 1971o 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 The City Manager indicated that Mr. Wayne Burnham had requested an opportunity to continue as a member of the Advisory Traffic Committee since in his new place of employment he will be able to take the necessary time off for the monthly meetings. Councilman Harvey stressed the growing significance of the Traffic Committee function in the community and the necessity for the members to attend the monthly meetings. Mayor Kanode stated that since Mr. Burnham was going to make an effort to attend all future meetings of the Traffic Conmmtttee, no further action would be taken by the Council at this time in regard to his mombership on the Committee. - 3- CONSIDERATION OF AUTHORIZATION FOR PLACEMENT OF DIRECTIONAL SIGNS TO THE LOS .AL..AMITOS RACE COURSE: The City Manager presented a report dated May 22, 1969, indicating that a revised directional sign for the Los Alamitos Race Course has been prepared by the Engineering Division omitting the designation of "Los Alamitos" and "Cypress." In reference to the size of the sign, the City Manager advised that it is in accordance with the reconmmnded standards for directional signs. The City Manager then presented a drawing of the proposed directional sign to be installed at various locations throughout the City. It was moved by Councilman Noe and seconded by Councidman Kanel to approve the directional sign as presented, with the Race Course to purchase the signs and the City to purchase the appropriate posts and to provide the men and equipment necessary to install the signs. Mayor Kenode indicated that he is surprised that the standards would specify such a large directional sign. The Public Works Director reviewed the federal proposal to have directional signs of a uniform size and color. Councilman Noe'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 of the necessity to read the Ordinance adopting the 1968 National Electrical Code by title only. The City Attorney then reviewed the provisions of the Government Code which require three readings of an Ordinance adopting a Code by reference. It was moved by Councilman Harvey and seconded by Councilman Kanel to read the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE, CONSISTING OF SECTIONS 8-1 THROUGH 8-27, THEREBY ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1968 EDITION. 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 CERTIFICATION OF EMPLOYMENT LIST--CLERK TYPIST: The City Manager presented a report dated May 26, 1969, reviewing the results of an open competitive examination which has been conducted for the position of clerk typist. It was moved by Councilman Harvey and seconded by Councidman Noe to certify the employment list for clerk typist 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 General discussion was held regarding the fence around the Anaheim High School Distrlct's property on Valley View Street and the Public Works Director advised that the City had installed the fence after the contractor had completed the work on Valley View Street which had necessitated the removal of the old fence. -4~ The City Manager reviewed plans for observance of California's Bicentennial Celebration on Saturday, October 11, 1969, which include a parade and breakfast at which several of the past governors of the State of California will be present. In response to a question from Cotmcilman Kanel, the City Manager indicated that he would obtain additional information regarding the method used to designate the city rooms at the Anaheim Convention Center. Councilman Harvey stated that when he was in Sacramento, he observed that in the League of California Cities' office there are many plaques from different cities throughout California except for the City of Cypress. In response to an inquiry from Councilman Kenel, the Planning Director reviewed the requirements imposed by the Planning Comm4ssion for construction of a multiple family residence on Acacia Street and the reasons for these requirements. RECESS: It was moved by Councilman Noe, seconded by Cotmcilman Kanel to recess at 5:17 pomo 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 Bowen, Harvey, Kanel, Noe and Kanode ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, Administrative Assistants Cene Poertner and Douglas Dunlap, Public Works Director Arthur Schatzeder, Planning Director George Putnam, Finance Director Jim Grissom, Building Superintendent Tom Nudson, and Police Lieutenant Don Ambergo It was moved by Cotmcilman Harvey, seconded by Councilman Bowan and unanimously carried to proceed to Oral Co~unications at this time and to consider the Award of Contracts after the Public Hearings. ORAL COMMUNICATIONS: Mr. Richard Boe, 4631 Newman Avenue, Cypress, addressed the Council on behalf of the citizens in the Tract which borders the Hyatt Die Casting operation on Lincoln Avenue reviewing from a prepared statement various complaints which have been submitted by the homeowners in the area relative to the noise level, vibrations, lights bleeding into the homes,loudspeaker, trash and debris on the property and outside activities on Sunday at the Hyatt Die Cast Plant. He further requested the Council to exercise its powers in requiring Hyatt Die Cast to comply with the conditions originally imposed upon the approval of the Conditional Use Permit. He further stated that it was the feeling of the homeowners in the area that if Hyatt Die Casting could not be made compatible with the residential uses in the area, the operation should be relocated to the City's industrial area. Mr. Boe further reviewed several instances of misrepresentations by Larwin Company representatives to prospective homebuyers of those homes adJacent to Hyatt Die Cast. Mr. Boe further presented several recommendations to alleviate the problems created by the Hyatt Die Cast operation, including the soundproofing of the teachine shop and the imposition of the requirement that work shifts operate from 8:00 a.m. to 5:00 p.m. It was moved by Councilmen Noe, seconded by Councilman Bowen end unanimously carried to place this matter on the agenda for consideration at this time. -5- The City Manager thanked Mr. Boe and the citizens from this area of the City for the fine presentation and for submitting copies of the presentation to the Council and Staff which assisted in their evaluation of the problem. He further indicated that he and the City Attorney had reviewed these complaints and would reconmend that the City Council authorize the conduct of a professional study at a cost of between $600 and $1,000 to determine the noise level of the Hyatt Die Cast operation and to set forth some tentative recommendations for solutions to this problem. General discussion was held as to the responsibility for the cost of this study and the City Manager indicated that Hyatt Die Cast would be requested to participate in the cost of the study. He further indicated the importance of the study in the interests of the City and the desirability of conducting this study even at the sole expense of the City. The City Manager further recommended that the Staff be authorized to take any and all action necessary to secure compliance with the conditions originally imposed on the operation of the Hyatt Die Cast Company, which should resolve a majority of the problems outlined in Mr. Boe's presentation. The City Manager further stated that these reports would be completed within the next two weeks and that a report would be presented to the City Council reviewing the results of the professional study and of the action taken by the Staff. Councilman Kanel indicated that Mr. Hyatt had previously promised to cooperate with the homeowners adjacent to his operation to prevent those problems which have been outlined by Mr. Boe. It was moved by Coumcilman Bowen and seconded by Councilman Noe to authorize the conduct of a professional sound study at a cost not to exceed $1,000 to determine the noise level of the operation at Hyatt Die Cast Plant on Lincoln Avenue. Prior to voting on this matter, Councilman Harvey indicated that it should be pointed out that the conditional use permit approved by the City Council did not approve or disapprove the Nyatt Die Cast use but rather established conditions under which this operation must be maintained. He further indicated that the Staff and Council acted in good faith in assuming these conditions would be satisfactory to protect the health, safety and welfare of the co~unity; however, it would appear that there have been flagrant violations of these conditions due to a laxity on the part of Mr. Hyatt in fulfilling his agreement to cooperate in controlling the noise and other problems of his operation. Councilman Harvey further expressed his concern in regard to the misrepresentations by Larwin Company to the prospective homebuyers in this area indicating ~is desire that Larwin Company be contacted and requested to cease ~is misrepresentation. Councilman Bowan stated that during the past year he has had three meetings with sales representatives of Larwin Company in order to clarify statements that were made in regard to the sale of Greenbrook Homes adJ scent to the Hyatt Die Cast Plant. Councilman Bowen'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 Kanode None None It was moved by Councilman Harvey and seconded by Councilman Noe to authorize and request the Staff to take any action necessary to obtain compliance by Mr. Hyatt with the conditions of approval of the Conditional Use Permit for the Hyatt Die Cast Operation and to further contact Mr. Hyatt in this regard. -6 - In response to questions from the City Council, the City Manager stated that the Staff would attempt to have all items corrected and a status report submitted to the Council at its next meeting reviewing the items that have been corrected or reconmmnding further action required to obtain compliance with the conditions. Councilman Kanel indicated that he did not feel the problem with noise should be allowed to continue without some type of temporary soundproofing. The City Manager indicated that the sound study would provide the City Council with information regarding the noise level of the plant operation and would contain preliminary recommendations as to the solution to this problem if determined to be a nuisance to adjacent property owners. Councilman Harvey's.metion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Kanode Mr. Boe again addressed the Council inquiring as to the extent to which Hyatt Die Cast will be allowed to expand his present operation and to lease his property to allied industries. He further inquired as to whether it is the responsibility of the homeowners to advise the City of these violations or whether the City will check out the area periodically. Councilman Kanel stated that this would be the Staff's responsibility. In response to a question from Mr. Boe, the City Manager advised that the installation of the drainage improvements on Hyatt's property had been delayed due to the rains; however, there was no reason for any further delays. In response to questions from Mr. Boe, the City Attorney stated that the study to be conducted by the City would not include an investigation of the damage to the individual properties as a result of the vibrations from the Hyatt Die Cast operation since this is a civil matter between the property owners and Hyatt Die Cast and would be beyond the scope of the authority of the City. In response to a request from Councilman Harvey, the City Manager reviewed the action taken by the City Council in reference to this matter. RECESS: The Mayor declared a recess at 8:19 p.m. The meeting was called back to order at 8:26 pom~ with all City Councilmen presant. PUBLIC HEARING RE: ASSESSMENTS FOR 1969 WEED ABATEMENT PROGRAM: The Mayor announced this w~s~the time and place for the Public Hearing to consider pr6[~ets and objections to the report of the Superintendent of Streets showing the cost of abatement of nuisances upon or in front of certain parcels of property within the City of Cypress. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated May 19, 1969, indicating that the affidavits of posting of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communica- tions either in favor of or in opposition to the report have been received. The Public Works Director read into the record of the Public Hearing a report dated May 19, 1969, transmitting a Resolution and Exhibit "A" showing the charges incurred for abatement of the nuisances on each parcel. The Mayor asked if anyone in the audience wished to speak in opposition to the Weed Abatement Program. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Harvey and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 974 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES, AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe, and Kenode None None PUBLIC HEARING HE: APPLICATION FOR SPECIAL PERMIT TO SOLICIT COUPON BOOKS FOR A~NOLD PALMR CLEANING CENTER (ALBERT L. SALLINGER): The Mayor announced this was the time and place for the Public Hearing to consider an application for a Special Permit to solicit coupon books from door to door for the Arnold Palmr Cleaning Center of Cypress, 9947 Walker Street, Cypress, California. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager stated that the affidavits of posting and publication of the public hearing notices on this matter are on file in the office of the City Clerk and no written co~nunications either in favor of or in opposition to the issuance of the permit have been received. The City Manager then read into the record of the Public Hearing a report dated May 22, 1969, advising that based upon its investigation of the application, the Police DepartnBnt finds no reason to protest the issuance of the permit. The report further reviewed the criteria to be utilized by the City Coimcil in making a determination as to whether or not this request if granted would comport with the peace, health, safety, convenience, good morals, and general welfare of the public. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the issuance of this Special Permit. Councilman Bowen stated that although he has nothing against the Arnold Palmet Cleaning Center, he is against door-to-door solicitation in general and for this reason he would vote in opposition to this request. Mr. Albert L. Sallinger, 9947 Walker Street, Cypress, addressed the Council representing Arnold Palmor Cleaning Center in Cypress reviewing the solicitation operation proposed to be conducted for the Cypress Arnold Palmet Cleaning Center. Com%cilman Kanel stated that he would not object to the selling of coupon books for an operation within the city limits. Councilman Harvey stated that he felt the Council's main concern in solicitation requests was the possibility of misrepresentation on the part of an individual; however, he felt that there would be no problem in this area if Mr. Sallinger is aware of the conditions of the permit. There being no written communications and no further oral comments, the Mayor declared the Public Hearing closed. It was moved by Councilman Harvey and seconded by Councilman Noe to approve the Special Permit requested by Mr. Albert L. Sallinger to solicit coupon books for Arnold Palm~r Cleaning Center at 9947 Walker Street, Cypress, subject to the following conditions: 1. Mr. Sallinger shall secure a valid business license. - 8- [ 23 2o All employees soliciting the coupon books for Aruold Palmer Cleaners shall be registered with the Police Department. Any misrepresentation made during the course of the door-to-door solicitation shall be deemed as cause for revocation of the Special Permit. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Noe and Kenode NOES: 1 COUNCILMEN: Bowen ABSENT: 0 COUNCIL~N: None PUBLIC HEAP/NG RE: AMENDMENT TO ZONING ORDINANCE--VISION CLEARANCE, CORNER AND REVERSE CORNER LOTS: The Mayor ennoanced this was the time and place for the Public Hearing to consider a proposed amendment to the Zoning Ordinance No. 90, Section 125o7 "VISION CLEARANCE, CORNER'AND REVERSE CORNER LOTS" in regard to the 15' by 15' triangular safety vision area presently required; to add a revision to administratively provide for an exception without the necessity of obtaining a variance, initiated by the Cypress Planning Comm~ssion. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated May 26, 1969, indicating that the affidavits of posting and publication of the public hearing notices on this matter are on file in the office of the City Clerk and no written conmmnications either in favor of or in opposition to the proposed amendment have been received. The Planning Director read into the record of the public hearing a report dated April 25, 1969, outlining the purpose of the proposed amendment which would add a provision authorizing the Planning Director to grant exceptions without the need for a formal variance for block walls to be constructed on reverse comer lots, provided that the drive approach on the adjacent lot to the reverse comer lot is located at the farthest point away from the reverse comer lot. The Planning Director also presented Planning Comm~ssion Resolution No. 465 reco~mending approval of the proposed amenam~nt to the City Council. Councilman Harvey stated that he was in favor of eliminating the requirement for homeowners to obtain a variance for the construction of walls on reverse comer lots; however, he would wish the applicants to have an opportunity to appear before the Planning Commission in the event the permit were denied by the Planning Director° Councilman Noe concurred in these statements. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to this proposed amendment. Mr. Dan Alpert, 4203 Teresa Avenue, Cypress, addressed the Council inquiring as to how this matter could be expedited so that he could complete construction of his block wall fence prior to the summer months. Following general discussion, the City Attorney suggested that the Council could adopt an urgency ordinance to be effective im~aediately and adopt the first reading of the regular ordinance at this time, with the regular ordinance to be processed in accordance with standard procedure. There being no written conmaunications and no further oral con~nents, the Mayor declared the public hearing closed. It was moved by Councilman Bowen and seconded by Co~mcilman Noe to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COIIqCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bawen, Harvey, Kanel, Noe, and Kanode None None Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 125o7 OF THE ZONING ORDINANCE NO. 90, "VISION CLEARANCE - CORNER, OR REVERSE CORNER LOTS", AUTHORIZING THE PLANNING DIRECTOR TO WAIVE THE TRIANGULAR SAFETY VISION AREA IN SPECIFIC CASES. It was moved by Councilman Bowen, and seconded by Councilman Noe to approve the first reading of this Ordinance° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABS]~T: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None It was moved by Councilman Bowen and seconded by Councilman Noe to read the following Urgency Ordinance by title only. 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 Title of the Ordinance is as follows: ORDINANCE NO. 412 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 125.7 OF THE ZONING ORDINANCE NO. 90, "VISION CLEARANCE --CORNER, OR REVERSE CORNER LOTS", AUTHORIZING THE PLANNING DIRECTOR TO WAIVE THE TRIANGULAR SAFETY VISION AREA IN SPECIFIC CASES. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt this Ordinance to become effective immediately~ Prior to voting on the motion, Councilman Kanel stated that he did not want to be faced with this type of situation again, although he understands the problem. but he feels it could have been handled in a different way. Councilman Harvey concurred in Councilman Kanel's statement. Councilman Bowen'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 Kanode None None CONSIDERA~.ION OF AWARD OF CONTRACT FOR SCHEDULES "A" AND "B" AND APPROVAL TO READVERTISE SCHEDULES "C" AND "D" OF STORM SEWER PROJECT WS-6-05-03Q2 (CITY PRO3ECT 6854-20-0000): The City Manager presented a report dated May 26, 1969, reviewing bids which were received on May 22, 1969, in the office of the City Clerk for Storm Sewer Project WS-6-05-0302, City Project 6854-20-0000. The bids received are tabulated as follows: Schedule "A"--Storm Sewer PumpinE Station 1. Healy-Tibbits $81,400.00 1400 West 7th Street Long Beach, California 2o Lomar Corporation 84,298.00 700 5th Street Huntington Beach, California 3. Ecco Contracting Corporation 87,660.00 7931 Lampson Avenue Garden Grove, California - 10 - Schedule "B"--Channel KoE.C. Company 22018 South Norwalk Blvd. Hawaiian Gardens, Calif. Deduct Deduct De duct $598,000.00 20,000.00 20,000.00 20,000.00 Base Bid Alternate 1 Alternate 2 Alternate 3 Hane Construction Company P. O. Box 5428 Long Beach, California Deduct Deduct Deduct 632,000.00 Base Bid No Bid Alternate 1 No Bid Alternate 2 42,000.00 Alternate 3 Schedule "C"--LandscapinM NO BID Schedule "C" 2--Landscaping NO BID Schedule "C" 3--Landscapin~ NO BID Schedule "C" 4--Landscaping NO BID Schedule "D"--Concrete Pipe Storm Sewers 1o Ecco Construction, Inc. $747,213.00 7931 Lampson Avenue Garden Grove, California Schedule "E"--Combine Bid NO BID The Public Works Director then reviewed the work to be accomplished under each of the Schedules for the Storm Sewer Project and outlined the advisability of rejecting the bid received for Schedule "D" which was 61.35% above the Engineer's Estimate and readvertising this portion of the Project. He stated that the proposal was to divide Schedule "D" into two Schedules: the first covering all the storm drain work in the northern part of the City including Moody Street, Grindlay Street, Walker Street and the storm drain along the north side of the railroad tracks; and the second covering the Orangewood Drain. It was moved by Councilman Bowen and seconded by Councilman Kanel to determine that the lowest s~d best bidder for Schedule "A" is the Healy-Tibbits Construc- tion Company, 1400 West 7th Street, Long Beach, California, and to approve award of contract to Healy-Tibbits Construction Company for Schedule "f' in the amount of $81,400 subject to concurrence by the Department of Housing and Urban Developmont. 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 Bowan and seconded by Councilman Harvey to determine that the lowest and best bidder for Schedule "B" is K.E.C. Construction Company, 22018 South Norwalk Boulevard, Hawaiian Gardens, California, and to approve award of contract to KoE.C. Construction Company for Schedule "B", Alternate 2, in the amount of $558,000.00, subject to concurrence by the Department of Housing and Urban Developmont. 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 - 11- The City Manager advised that the Cypress School Board has approved the Cityts request for ~n easement across the School property for construction of this channel. It was moved by Cotmcilman Bowen and seconded by Councilman Kanel to approve readvertising of Schedule "C" as a separate contract with bids to be received in the office of the City Clerk at 10:00 a.m. on June 19, 1969. 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 It was moved by Co~mcilman Harvey and seconded by Councilman Noe to reject all bids received for Schedule "D" and to authorize the readvertising of Schedule "~' in two Schedules as previously outlined by the Public Works Director with bids to be received in the office of the City Clerk at 10:00 a.m. on June 19, 1969. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Nce, and Kenode None None The Public Works Director advised that since Schedule "E" included the combined bid for the entire project, no further action is necessary on this item. CONSIDERATION OF AWARD OF CONTRACT FOR SPREADING OF LIQUID ASPHALT ON CITY STREETS (CITY PROJECT 6967-10-0000): The Public Works Director requested the City Co~u%cil to continue this matter in order to allow additional time for the Public Works Department to determine the suitability of the material to be used by the low bidder° It was moved by Councilman Bowen and seconded by Councilman Noe to continue consideration of the award of contract for the spreading of liquid asphalt on City streets until the City Council meeting of June 9, 1969. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowan, Harvey, Kanel, Noe, and Kenode None None RECESS: The Mayor declared a recess at 9:07 p.m. The meeting was called back to order at 9:17 p.mo, with all City Councilman present. CONSIDERATION OF ADOPTION 0F POSITION CLASSIFICATION PLAN AND APPROVAL OF SALARY SURVEY CC!qDUCTED BY COOPERATIVE PERSONNEL SERVICES: The City Manager presented a report dated May 22, 1969, suggesting and reviewing various minor revisions to the Position Classification Plan prepared by Cooperative Personnel Services. These revisions are consistent with previous requirements and were acceptable to the Survey Director from Cooperative Personnel Services as proper revisions to the Position Classification Plan. The report reviewed the proposed salary adjustments, which range from a minimum of a 5% increase to a high of 17%%, and requested that the Council consider the approval of this salary plan at this time to assist in the preparation of the preliminary budget document. The City Manager also presented a communication dated May 23, 1969, from Mr. Donald Barker, President of the Cypress Employees Association, comm~nding the City Council for providing the position classification and salary survey and urging the adoption of the reconmmndations of the survey. In response to an inquiry from Councilman Bowen, the City Manager indicated that the salary plan as proposed does not include salaries for department heads. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: - 12 - RESOLUTION NO. 975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A REVISED POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE COMPETITIVE SERVICE OF THE CITY OF CYPRESS The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILbfi~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe, and Kenode None None It was moved by Councilman Bowen and seconded by Councidman Noe to approve the Salary Plm~ as prepared by Cooperative Personnel Services of the California State Personnel, dated AprtI, 1969, to be effective July 1, 1969, and authorize the City Manager to incorporate the salary changes in the 1969-70 Preliminary Budget document. 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 Kanode CONSIDERATION OF REQUEST FROM JOHN B. EWLES FOR COUNTY OF ORANGE TO CLOSE FATELLA AVENUE BETWEEN VALLEY VIEW AND KNOTT: The City Manager presented a report dated May 23, 1969, reviewing a request from John B. Ewles, Contractor for the Katella Avenue Improvement, for authorization to close Katella between Valley View and Knott for three weeks from May 27, 1969 to June 17, 1969, to expedite construction. It was moved by Councilman Harvey and seconded by Councilman Bowen to authorize the City Engineer to advise the Orange County Road Department that the City concurs with the contractor's request to close Katella Avenue from Valley View to Knott from May 27, 1969 to June 17, 1969, with adequate advance warnings and approved detour signing to be provided by the contractor at contractor's expense. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowan, Harvey, Kanel, Noe, and Kanode None None CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIRNS AND AUTHORIZATION FOR MAYOR AND CITY CLERK TO CERTIFY RIGHT OF WAY AND FOR CITY CLERK TO ADVERTISE FOR BIDS--CERRITOS AVENUE FROM 600 FEET EAST OF VALLEY VIEW TO KNOTT: The City Manager presented a report dated May 22, 1969, from the Public Works Director indicating that the Engineering Division has completed plans and specifications for the Improvement of Cerritos Avenue from 600 feet east of Valley View to Knott to add an additional traffic lane on the north side of Cerritos west of Knott and to cap the remainder of the road to correct structural deficiencies and to correct the crown of the road for proper drainage. The plans and speci fications must be approved by the Orange County Road Department prior to the City advertising for bids. The total cost of the project is estimated to be $58,921 with the City of Cypress and the County of Orange paying $23,760.50 each. The City of Buena Park has also been requested to enter into an agreement to pay for the paving within that City which is estimated to cost $1,200. It was moved by Councilman Bowen and seconded by Councilman Harvey to approve the plans and specifications for the Cerritos Avenue Project from 600 feet east of Valley View to Knott, City Project No. 6971-10. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe, NOES: 0 COUNCILMEN: None ABS]~lqT: 0 COUNCILMEN: None and Kanode It was moved by Councilman Bowon and seconded by Councilman Kanel to authorize the Mayor and City Clerk to certify to the right of way for this Project. The motion was unanimously carried by the following roll call vote: - 13- AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe, and Kenode None None It was moved by Councilmen Bowen and seconded by Councilman Harvey to authorize the City Clerk to advertise for bids, with the bid date to be established upon receipt of the Orenge County Road Department's approval of the plens end specifica- tions. The motion was unenimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe, end Kenode None None CONSIDERATION OF APPROVAL OF AGREEMENT WITH THE ORANGE COUNTY FLOOD C(lqTRDL DISTRICT FOR EXCAVATION OF THE RETARDING BASIN FOR STOP~M SEWER PROJECT WS-6-05-0302, CITY PROJECT 6854-20-0000: The City Manager presented a report dated May 22, 1969, outlining the necessity to enter into en agreement to allow the Orange Com%ty Flood Control District to remove approximately 44,000 cubic yards of fill material from the City's retarding basin in order to complete repairs to the District's earthen flood control chennels in this area. It was moved by Councilman Noe end seconded by Councilman Harvey to approve the agreement between the Orenge County Flood Control District end the City of Cypress for removal of approximately 44,000 cubic yards of earth from the retarding basin end to authorize the Mayor end City Clerk to execute this agreement on behalf of the City. The metton was unenimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kenel, Noe, and Kenode None None CONSIDERATION OF REQUEST FOR ADDITIONAL ENGINEERING FUNDS--KATELLA AVENUE IMPROVEMENT: The City Menager presented a report dated May 22, 1969, reviewing the necessity to appropriate en additional $4,101.40 for the City's share of the engineering costs for the Katella Avenue Improvement in accordance with previously approved agreements with the City of Los Alamitos end the Los Alamitos Race Course° It was moved by Councilman Harvey end seconded by Councilmen Noe to authorize the transfer of $4,10 1.40 from the Reserve for Capital Improvements to the Construction Project 6917-10-0000 Account. The metion was unenimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe, end Kenode NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF CHANGE IN GROUP M~nTCAL INSURANCE PROGRAM FOR CITY .EMPLOYEES: The City Manager presented a report dated May 22, 1969, reviewing the results of an enalysis of group medical insurence plans in en effort to determine the adequacy of the current .Blue Shield Medical Plan which the City has made available to all of its employees and their dependents. Of sixteen separate insurence plans which were reviewed, Blue Cross appeared to contain similar end soraewhat higher benefits at a lower premium rate and would allow credit for prior deductible medical expense incurred under the Blue Shield Plan; end the City employees, at a general meeting, indicated their desire to chenge to .the Blue Cross Group Medical Plen. Following general dis cussion in regard to the service provided by the medical plans, it was moved by Councilman Bowen end seconded by Councilmen Noe to authorize a chenge in the group medical insurance program from Blue Shield to Blue Cross, with this chengeto be effective June 1, 1969. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe, and Kenode NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None - 14- 329 CONSIDERATION OF REQUEST .TO. INSTALL NO ~A]~[ING SIGNS IN, At.L~yS .OF TANGLEWOOD DEVELOPMENTS: The City. Manager presented a report dated May 22, 1969, reviewing a rec0m-~ndation from the Advisory Traffic Committee to install "No Parking In Alley" signs at the entrance streets to each of the Tanglewood Developments in the City~ This recommendation was made to correct the problem which have been encountered in enforcing the no parking regulations in the alleys of the Tanglewood developments since a majority of the citations issued for violations of the no parking restriction have been invalidated by the courts due to the lack of adequate notice, This reconmaendation would involve the installation of thirteen 24" x 30" signs at an estimated cost of $125, In response to a question from Councilman Noe, Lieutenant Areberg of the Police Department reviewed the problem which have been encountered in attempting to enforce the no parking regulations. Mayor Kenode indicated that he had received requests for additional posting of the no parking restriction from residents of Ta%glewood. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the installation of thirteen "No Parking In Alley" signs at the entrance streets to the Tanglewood Developments and further to authorize the transfer of $125 from the Reserve for Capital Improvements to the Traffic Safety Special Departmental Supplies Account. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowel, Harvey, Kanel, Noe, and Kenode None None CONSIDERATION OF APPRBVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS 21348 THROUGH 21410: It was moved by Councilman Bowen and seconded by Councilhush Noe to approve the Commercial Warrant List for Warrants No. 21348 through 2 1410 in the amount of $72,435.33. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILM~q: Bowen, Harvey, Kanel, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCIL~N: None and Kenode Councilman Harvey advised that Mark Rozelle a Kennedy High School Student who resides in Cypress has been selected as a foreign exchange student and will be traveling to Europe during the summer. He suggested that the Council may wish to consider designating Mark Rozelle as a representative of the City and to request that he present a plaque or some other token from the City of Cypress to the country in which he will be visiting. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place this matter on the agenda for consideration at this tim. Following discussion, it was moved by Councilman Bowen and seconded by Councilman Noe to authorize the purchase of an appropriate plaque to be presented by Mark Rozelle to the City in which he will stay as a foreign exchange student and to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DESIGNATING CYPRESS RESIDENT MARK ROZELLE AS THE OFFICIAL REPRESENTATIVE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA. The metion 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 ORAL COMMUNICATIONS: There were no oral communications presented at this time. - 15 - ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilm-n Noe, seconded by Councilman Bowen and unanimously carried to adjourn at 9:51 p.m. to Saturday, June 7, 1969, at 9:00 a.m. in the Administrative Conference Room, 5275 Orange Avenue,' Cypress. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF TM CITY OF CYPRESS - 16 -