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Minutes 69-06-23MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 23, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 plml on Monday, June 23, 1969, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tem John Kanel presiding. PRESENT: Councilmen Bowen, Kanel and Noe ABSENT: Councilman Harvey and Mayor Kanode Also present were City Manager/City Clerk Darrell Essex, City Attorney James E~ Erickson, Administrative Assistants Gene Poertner and Douglas Dunlap, and Finance Director Jim Grissom. MINUTES: It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to approve the Minutes of the Adjourned Regular Meeting of June 7, 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 June 9, 1969 as mailed, It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to consider Items 7 through 12 at this time. COMMUNICATION FROM DIEHL, EVANS AND COMPANY RE: AUDIT REPORT FOR PERIOD ENDING MARCH 31, 1969: The City Manager presented a communication dated May 14, 1969 from Mr. D, E. Callahan, representing the City Auditors Diehl, Evans and Company, indicating that their interim examination of the financial repoxts for the nine-month period ending March 31, 1969 revealed no points of sufficient significance to warrant a report to the City Council at this ~ime~ A copy of this report 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 CITY OF SIGNAL HILL RE: 1970 CENSUS QUESTIONNAIRE REPLIES: The City Manager presented a Resolution adopted by the City Council of the City of Signal Hill supporting the enactment of legislation to allow 1970 census questionnaire replies to be on a voluntary basis. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried, this Resolution be received and filed. COMMI~ICATION FROM HARBOR COORDINATOR FOR CITY OF NEWPORT BEACH RE: OPPOSITION rO DISSOLUTION OF ORANGE COUNTY HARBOR DISTRICT: The City Manager presented a communication dated June 10, 1969 from Mr. G. M. Dawes, City Harbor Coordi- nator for the City of Newport Beach, transmitting a copy of a Resolution of the Newport Beach City Council advising the Local Agency Formation Commission of their opposition to the dissolution of the Orange County Harbor District. The City Manager advised that the Local Agency Formation Commission has approved the dissolution and that the matter now will be taken under consid- eration by the Orange County Board of Supervisors. He further indicated that the City Council in the past has concurred in the dissolution, although no official position was taken on this matter before the Local Agency Formation Commission at the request of the League of California Cities. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried, this communication be received and filed. COMMUNICATION FROM CALIFORNIA MUSEUM OF SCIENCE AND INDUSTRY RE: EXHIBIT SPACE FOR CALIFORNIA BICENTENNIAL: The City Manager reviewed a communication from Mr. William J. McCann, Museum Director for the California Museum of Science and Industry announcing the availability of exhibit space to com- memorate the California Bicentennial. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to refer the subject communication to the Cypress Cbamher of Con~nerce for consideration. COMMUNICATION FROM TOWN OF EMERYVILLE RE: POWERS OF THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION: The City Manager reviewed a communication dated June 12, 1969 from Donald J. Neary, mayor of the Town of Emeryville, which suggested that the City be represented at the hearings on the various legislation which has been introduced to extend and increase the powers of the San Francisco Bay Conservation and Development Comm4 ssion. The City Manager indicated that the City Council received and filed the original request for support in opposition to this measure. The City Manager also presented a communication dated June 19, 1969 from the Citizens' Alliance to Save San Francisco Bay supporting the proposal to renew the controls by the San Francisco Bay Conservation and Development Commission on the filling of the San Francisco Bay. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried these conn~unications be received and filed. COMMUNICATION FROM STATE DIVISION OF HIGHWAYS RE: FUNCTIONAL CLASSIFICATION STUDY OF CALIFOI~NIA HIGHWAYS, STREETS AND ROADS: The City Manager reviewed a communication dated June 13, 1969 from Mr. A. L. Himelhoch, Deputy District Engineer of the State Division of Highways, requesting the support of the City Council and Staff in completing a functional classification study of all existing highways, roads and streets in California which will be conducted by the State Division of Highways. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to concur in the request and to authorize the Staff to cooperate with the State Division of Highways in completing the functional study as outlined. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to place consideration of a Resolution comm~nding Mr. Chester Gutzman on being named the outstanding V.F.W. Commander in Orange and Riverside Counties, as Item 33 on the agenda. RECESS: It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to recess at 4:15 p.m. to the City Employees' Lounge in the Civic Center, 5275 Orange Avenue, for the purpose of conducting a joint meeting with the Cypress Chamber of Commerce Board of Directors. The meeting was called back to order at 4:20 p.m. with all City Council in attendance, with the exception of Councilman Harvey and Mayor Kanode. Mayor Pro Tem Kanel stated that the purpose of the meeting with the Cypress Chamber of Commerce Board of Directors was to discuss the proposed renewal of the Chamber contract for the 1969-70 fiscal year. The Chamber President Lloyd Nunnenkamp reviewed the ma] or projects which have been completed during the current fiscal year and advised that a separate report would be made available to the City Council and Staff in reference to the Chamber's activities for the past year. General discussion was held in regard to statements made by Mrs. Donna Montano at the recent City Council meeting. The Chamber report that an investigation of this matter revealed that the Chamber had not solicited advertising and in order to clarify future problems of this type, the Board of Directors had adopted a policy that if the Chamber is requested to conduct any ribbon- cutting ceremonies, all newspapers will be advised of this activity. 2 The Chamber of Commerce Manager Mr. Bill Shepherd reviewed the conmaercial plans of the Chamber including the development of the Lincoln Avenue frontage. General discussion was also held in reference to the recent and pending annexation program which is being coordianted by the Chamber of Commerce. General discussion was held in reference to the advisability of conducting a meeting with the industrial property owners and representatives from Southern Pacific Railroad Company, the City Council, City Staff and Chamber of Con~nerce to discuss the potential industrial development for the City. It was generally agreed that such a meeting would be of benefit sometime during the 1969-70 fiscal year. Incoming Chamber President Richard Morris presented a tentative outline of projects for the 1969-70 fiscal year. General discussion followed in refer- ence to the activities, which include the major project of the Bicentennial celebration in October. MAYOR KANODE ARRIVED AT 5:14 P.M. Further general discussion was held in reference to the relationship of the Chamber and the City Council, and it was generally concurred that the City, in cooperation with the Chamber of Commerce, was receiving additional pub- licity and identity as a result of both the projects of the Chamber and of the City. RECESS: It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to recess at 5:32 p.m. until 7:30 p.m. that evening. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m., with the following in attendance: PRESENT: Councilman Bowen, Kanel, Noe and Kanode ABSENT: Councilman Harvey Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, Administrative Assistants Gene Poertner and Douglas Dunlap, Public Works Director Arthur Schatzeder, Planning Director George Putnam, Police Chief George Savord, Finance Director Jim Grissom and Building Super- intendent Tom Nudson. CONSIDERATION OF AWARD OF CONTRACT FOR SCHEDULE "C" AND SCHEDULE "D" OF STORM SEWER PROJECT WS-6-05-0302~ CITY PROJECT 6854-20-0000: The City Manager pre- sented a report dated June 23, 1969 outlining the results of a bid opening which was held on June 19, 1969 for Schedules "C" and "D" of the City's Storm Sewer Project No. WS-6-05-0302. The report indicated that of two bids received for Schedule "C" of the Project, which covers the landscaping, irrigation system and appurtenant work which will be commenced after the reinforced concrete channel is completed, the bid submitted by Buccola and Carlos, Inc., 825 West La Jolla, Placentia, Cali- fornia, in the amount of $25,523.85 was the lowest and best bid. It was moved by Councilman Bowen and seconded by Councilman Kanel to determine that the lowest and best responsible bid for Schedule "C" was submitted by Buccola and Carlos, Inc., 825 West La Jolla, Placentis, California, and to approve award of contract for Schedule "C" to Buccola and Carlos, Inc. in the amount of $25,523.85, in accordance with their proposal dated June 19, 1969 subject to concurrence by the Department of Housing and Urban Development. The Motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey -3- 349 The City Manager indicated that a problem has developed in connection with the contract award for Schedule "D" of the Storm Sewer Project and requested that this portion of the report be continued to a later time in the meeting. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to continue consideration of the award of contracts for Schedule "D" until later in the meeting and to proceed to Item 2 on the agenda at this time. CONSIDERATION OF AWARD OF CONTRACT FOR GASOLINE AND MAINTENANCE SERVICE FOR THE 1969-70 FISCAL YEAR: The City Manager presented a report dated June 19, 1969 reviewing the results of bids received on June 18, 1969 from local ser- vice stations for gasoline and minor automotive maintenance service for the 1969-70 fiscal year. These results indicated that of 11 bids received, Herman's Mobil Service Center, 9972 Valley View, Cypress had submitted the lowest bid in the amount of $17,066.94. The City Manager indicated that the Police Department has not had an oppor- tunity to investigate the personnel employed by and the service offered by the low bidder and requested that the Council continue this matter to its meeting of July 14, 1969 to allow the Police Department sufficient time to complete its investigation° In response to an inquiry from Councilman Kanel, the City Manager stated that whenever a change in service is involved for gasoline and maintenance of vehicles, it has been the policy for the Police Department to investigate the low bidder prior to award of the contract. It was moved by Councilman Bowenand seconded by Councilman Noe to continue consideration of the award of contract for automotive and minor maintenance service for the 1969-70 fiscal year to allow the Police Department to conduct an analysis of the personnel employed by and the service offered by the low bidder. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kenel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey ORAL COMMUNICATIONS: There were no oral communications presented at this time. Since Item Nos. 3 through 6 were public hearings scheduled for 8:00 p.m., it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to proceed to Item No. 15 and to continue until 8:00 P.M. CONSIDERATION OF REQUEST FOR PERMIT TO CONDUCT PUBLIC DISPLAY OF FIREWOEKS: The City Manager presented a report dated June 17, 1969 reviewing a request for a permit for a public fireworks display on July 4, 1969 on behalf of the Cypress Chamber of Conm~rce which has been filed by the California Fireworks Display Company of Rialto. The Fire Marshal's Office has approved the appli- cation and the display will be carried out under the supervision of the Fire Marshal's Office. The applicant also has provided a certificate of insurance in an amount approved by the City Attorney. It was moved by Councilman Bowen and seconded by Councilman Noe to grant the permit for the public display of fireworks on July 4, 1969 requested by the California Fireworks Company on behalf of the Cypress Chamber of Co~nerce. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey -4- CONSIDERATION OF RENEWAL OF CONTRACT WITH CYPRESS CHAMBER OF COMMERn~: The City Manager presented a report dated June 19, 1969 indicating that the current contract with the Cypress Chamber of Commerce which appropriates $1,000 monthly for Chamber activities will expire on June 30, 1969, and suggested that the Council may wish to consider renewal of this contract at this time. At this time, Mro Lloyd Nunnenkamp, addressed the Council reviewing the Chamber of Con~nerce during the past President of the Cypress Chamber of Commerce activities which have been performed by the year° Mro Richard Morris, President Elect addressed the Council outlining the the coming year° of the Cypress Chamber of Commerce also activities which have been scheduled for On behalf of the City Council, Mayor Kenode congratulated Mr. Morris on his recent election as President of the Chamber and indicated the Council's satis faction with the services performed by Mro Nunnenkamp as President of the Chamber during the past year° Mro Nunnenkamp addressed the Council thanking the City Council, and City Staff for their cooperation during the past year° It was moved by Councilman Kanel and seconded by Councilman Noe to authorize the renewal of the current contract with the Cypress Chamber of Co-m~rce which approximates $1,000 monthly for Chamber activities, with the contract to expire June 30, 1970o The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS FOR TRACT NO, 6215 (T!ARWIN COMPANY}: The City Manager presented a report dated June 17, 1969 from the Public Works Director indicating that the public improvements in Tract No. 6215 have been satisfactorily completed in accordance with plans and specifications~ and recommending the acceptance of these improvements subject to the completion of certain requirements° It was moved by Councilman Noe and seconded by Councilman Kanel to accept the public improvements in Tract Noo 6215 as being satisfactorily completed in accordance with the plans and specifications and to authorize the City Clerk to release the Monumentation and Labor and Materials bonds upon expiration of the required lien periods, providing no mechanic's liens have been filed, with the Faithful Performance Bond to be held for one year from the date of accep- tace to guarantee against any defects in materials or workmanship, subject to compliance with the following conditions: : (1) Certification from the developer's landscape architect that thej street trees have been planted according to City specifications. (2) Satisfactory water flow test of gutters° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 6219 (LARWIN COMPANY): The City Manager presented a report dated 3une 17, 1969 from the Public Works Director indicating that the public improvements in Tract Noo 6219 have been satisfactorily completed in accordance with plans and speci fi cations, and recommending the acceptance of these improvements sub- Ject to completion of certain requirements. It was moved by Councilman Kanel and seconded by Councilman Noe to accept the public improvements in Tract Noo 6219 as being satisfactorily completed in accordance with the plans and specifications and to authorize the City Clerk to release the Monumentatton Bond and Labor and Materials Bond upon expiration of the required lien periods, providing no mechanic's liens have been filed, with the Faithful Performance Bond to be held for one year from the date of -5 - acceptance to guarantee against any defects in material or workmanship subject to compliance with the following conditions: (1) Certification from the developer's landscape architect that the street trees have been planted according to City specifications° (2) Satisfactory water flow test of gutters° (3) Completion of Condition Noo 4 of the final tract map approval~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe andKanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey ~ONSIDERATION OF ~CCEPTANCE OF IMPROVEMENTS AND KELEASE OF BONDS FOR TRACT NOo 5374 (LARWIN COMPANY): The City Manager presented a report dated June 17, 1969 from the Public Works Director indicating that the public improvements in Tract Noo 5374 have been satisfactorily completed in accordance with plans and specifications, including conviction of minor repairs to defective con- crete and aspbaltic pavement, with the exception of water flow testing of all gutters° It was moved by Councilman Noe and seconded by Councilman Kanel to accept the public improvements in Tract Noo 5374 as being satisfactorily completed in accordance with the plans and specifications and to authorize the City Clerk to release the Monumentation Bond and the Labor and Materials Bond upon ex- piration of the required lien periods, providing no mechanic's liens have been filed, with the Faithful Performance Bond to be held for one year follow- ing the date of acceptance to guarantee against any defects in material or workmanship, subject to satisfactory flow test of gutters° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES~ 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF APPROVAL OF STORM DRAIN EASRM~,MT INDENTURE BETWEEN CITY AND SOUTHERN PACIFIC COMPANY FOR MAINTENANCE PURPOSES IN CONNECTION WITH STORM SEWER PROJECT WS-6-05-0302, CITY PROJECT 6854-20-0000: The City Manager pre- sented a report dated June 16, 1969 from the Public Works Director outlining the necessity te enter into an Agreement with the Southern Pacific Company for acquisition of a stor~ drain easement across the railroad property lo- cated at the end of Watson Street for storm drain construction and mainten- ance purposest The report indicated that under the terms of the agreemant, there will be no cost to the City for this easement~ It was moved by Councilman Bowen and seconded by Councilman Noe to approve the Indenture between the Southem Pacific Company and the City of Cypress for a storm drain easement across the railroad's property generally located at the end of Watson Street and to authorize the Mayor to sign and the City Clerk to attest the signature on the Indenture subject to approval of the Indenture by the City Attorneys The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF REQUEST FOR EMPLOYMENT OF TEMPORARY PUBLIC WORKS INSPECTOR FOR STORM SEWER PROJECT WS-6-05-0302, CITY PROJECT 6854-20-0000: The City Mana- ger presented a report dated 3une 16, 1969 outlining the necessity to employ an additional public works inspector for the Department of Housing and Urban Development Storm Sewer Project WS-6-05-0302 which will necessitate an expendi- ture of $772°00 per month for the duration of the storm sewer project construction. In response to a question from Councilman Bowen, the City Manager indicated that there would be a full-time inspector employed by the Orange County Flood Control District; however, it was felt that a temporary inspector would also be required for this project~ It was moved by Councilman Bowen and seconded by Councilman Noe to authorize the employment of a temporary Public Works Inspector at a salary of $772 p'er month, with the costs to be transferred from the Salary Account in the Engineer- ing Division to the Storm Sewer Construction Account° The motion was unanimously carried by the following roll call vote: - 6 - AYES: NOES: ABSENT: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode 0 COUNCILMEN: None 1 COUNCILMEN: Harvey RECESS: The Mayor declared a recess at 7:58 p.m. The meeting was called back to order at 8:00 p.m., all City Councilmen present, with the exception of Councilman Harvey. PUBLIC HEARING RE: APPEAL OF PLANNING COMMISSION'S DECISION ON ZONING DETE~- MINATION NO. 69-1 (GATES CAP. R-GO): The Mayor announced this was the time and place for the Public Hearing to consider an appeal of the decision of the Plan- ning Commission in its determination, known as "Zoning Determination No. 69-1," that a trucking business is not compatible with those uses permitted in the H-C (Highway Commercial) and M-1 (Light Manufacturing) zones, filed by Mr. F. George Buckles, 15733 So. Paramount Blvd., Paramount, California, on behalf of Cares Cart-go, 11419 E. South Street, Cerritos, California. The Mayor declared the Public Hearing open ~nd requested the Staff to present its reports. The City Manager read into the record a couununication dated June 23, 1969 from the Legal AssiStant to Mr. F. George Buckles, who represents Cares Carr- go, requesting the City Council to continue the Public Hearing on this matter to the Council meeting of July 14, 1969. It was moved by Councilman Noe and seconded by Councilman Bowen to continue the Public Hearing to consider the appeal of the Planning Commission's decision on Zoning Determination No. 69-1 to 8:00 p.m. on Monday, July 14, 1969. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey PUBLIC HEARING RE: REOUEST FOR SPECIAL PERMIT TO SOLICIT PATIO AND RELATED CONCRETE CONSTRUCTION SERVICES (H~ROLD E. DAVIS): The Mayor announced this was the time and place for the Public Hearing to consider an application for a Special Permit to solicit patio, concrete planters and related concrete con- struction services in the City of Cypress, requested by Mr. Harold E. Davis, 9101 Bestel Street, Garden Grove, California. The Mayor declared the Public Hearing open and requested the Staff=u present its reports. The City Manager stated that the affidavits of publication and posting of the Public Hearing notices on this matter were on file in the Office of the.City Clerk and no written cou~nunicattons either in favor of or in opposition to the proposed solicitation have been received. The City Manager then read into the record of the Public Hearing a report dated June 19, 1969 reviewing the factors to be considered by the City Council in making a determination as to whether the proposed solicitation would com- port with the peace, health, safety, convenience, good morals and general welfare of the public. The report further indicated that the Police Depart- ment, following completion of its investigation of the applicant, found no reason to protest issuance of the Permit. The Mayor asked if anyone in the audience wished to speak in favor of the requested Special Permit. Mr. Harold E. Davis, 9101 Bestel Street, Garden Grove addressed the Council speaking in favor of the proposed Permit. In response to a question from CouncilmanBowen, Mr. Davis reviewed the pro- cedures which he must follow in contracting for work within the City of Cypress since he does not possess a State Contractor's License. He also reviewed his operation stating that he does not go door-to-door commaurinE residents indi- vidually but deposits literature at each house reques=i~ the homeowner to con- tact him if they desire his services. - 7- 3,53 In response to questions from Councilman Bowan, the City Manager and Finante Director advised that although Mro Davis would not be required to make use of his Special Permit as part of his daily routine, the issuance of it would allow him to make a presentation in the event an occasion presented itself. In answer to an inquiry from Councilman Kanel, Mr. Davis stated that he had been in this field of work for approximately 12 years. There being no written connnunications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel and seconded by Councilman Noe to approve the application for a Special Permit from Mr. Harold E. Davis to solicit patio, concrete planters and related concrete construction services in the City of Cypress, subject to the following conditions: 1. Harold E. Davis shall secure a valid business license. 2. All employees of Harold E. Davis who will be involved in the door-to- door solicitation shall be registered with the Police Department. Any misrepresentation made during the course of the door-to-door solicitation shall ~deemed as cause for revocation of the Special Permit. Councilman Bowen stated that he would vote in opposition to the issuance of this Special Permit since he is basically opposed to door-to-door solicitatinn in the City. He further indicated that his opposition is no reflection upon Mr. Davis. Councilman Kanel's motion was then carried by the following roll call vote: AYES: 3 COUNCILMEN: Kanel, Noe and Kenode NOES: 1 COUNCILMEN: Bowen ABSENT: 1 COUNCILMEN: Harvey PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT TO SOLICIT VACUUM SERVICE AND SALES IN THE CITY OF CYPRESS (GROVE VACUUM C~NTER): The Mayor announced this was the time and place for the Public Hearing to consider an application for a Special Permit to solicit vacuum sales and service from door-to-door in the City of Cypress, requested by Mr. John Van Dyke, on behalf of Grove Vacuum Center, 13093 Century Blvd.,~Garden Grove, 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 coulnunications either in opposition to or in favor of the re- quested Special Permit have been received. The City Manager then read into the record of the Public Hearing a report dated June 19, 1969 reviewing the factors to be considered by the City Council in making a determination as to whether the proposed solicitation would comport with the peace, health, safety, convenience, good morals and general welfare of the public. The report further indicated that the Police Department, upon completion of its investigation of the applicant, found no reason to protest issuance of this permit. The Mayor asked if anyone in the audience wished to speak in favor of the pro- posed Special Permit. It was determined that the applicant was not present in the audience. The Mayor asked if anyone in the audience wished to speak in opposition to the Special Permit. - 8- Mr. Bruce Smith, 10272 Mardel Drive, Cypress addressed the Council inquiring as to what brand of vacuum the applicant would be selling. The City Manager~indicated that Grove Vacuum Center would perform only the repair of vacuums and not the sale. Councilman Bowen stated that he had observed the Grove Vacuum van operating in his neiehborhood during the week of June 9, 1969, which was after they had been advised of the necessity to obtain a Special Permit for this solici- tation. He stated that for this reason, he felt the Special Permit should be denied. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. In response to a question from Counctlman Kanel, the Finance Director advised that the applicant had been notified of the tim and date of the Public Hear- ing by the City Clerk~s Office, Councilrash Kanel indicated that he felt an applicant should nmke an effort to attend a Public Hearing during which his application will be considered by the City Council. In response to an inquiry from Cooncilman Kanel, the City Attorney stated that if the application for a Special Permit were denied, the applicant would be required to re-file and to pay the application fee. It was moved by Councilman Kanel and seconded by Councilman Noe to re?open the Public Hearing to consider Grove Vacuum Cea=er's application for a Special Permit. The motion was carried by the followins roll call vote: AYES: 3 COUNCILMEN: Kanel, NOES: I COUNCILMEN: Bowen ABSENT: I COUNCILMEN: Harvey Noe and Kenode It was moved by Councilman Kanel and seconded by Councilman Noe to continue the Public Hearing to consider an application for a Special Permit tO allow Grove Vacuum Center to solicit vacuum services and sales from door to door in the City of Cypress to 8:00 p.m., on Monday, July 14, 1969, with the applicant to be advised of the continuance and to be requested to attend the Public Hearing. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: Kanel, Noe and Kenode NOES; 1 COUNCILMEN: Bowart ABSENT: I COUNCILMEN: Harvey pUBLIC g~AnTNG RE: A}~NDI~T TO ZONING ORDINANCE Ne. 90, SECTIONS 115.3 AND 120.2 CONtENdING'CONDITIONAL.USE PERMITS: The Mayor announced this was the time and place for the Public Hearing to consider a proposed amendment to Zoning Ordinance No. 90, Section 115.3 and Section 120.2, subsectionF, re- lating to uses requiring Conditional Use Permits, initiated by the Secretary of the Planning Commission. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated June 19, 1969 indicating that the affidavits of posting and publishing of the Public Hearing notices on this matter are on file in the office of the City Clerk. He further read into the record of the Public Hearing letters dated June 18, 1969 and June20, 1969 from Mr. H. D. Pitcher, Claims and Right of Way A~ent for Texaco Inc., requesting the City Council to consider three alternatives in reference to the City's proposal to require that all extraction of natural resources, including the drilling and producing of oil, gas and other hydrocarbon.substances take place within theM-1 (Light Manufacturing) zone, subject to obtaining a conditional use permit. -9- These alternatives included the adoption of an oil (O) zone which could be combined with any existing zone and would allow oil and gas drilling subject to predetermined conditions or conditions granted in a conditional use permit; the change of zone of the drill site parcel of land now being used as a park to carry the zone designation "M-i"; or the utilization of one of the two previous alternatives on a parcel of land within the existing tank farm which would allow a drill site for Texaco Inc. 's future use. The Planning Director then read into the record of the Public Hearing a report dated May 29, 1969 reviewing the purpose of the proposed amendment. He also presented Planning Commission Resolution No. 467 recommending approval of the proposed amendment to the City Council. In response to various questions from the City Council members, the Planning Director indicated that the purpose of the proposed amendment is to make pro- vision for the drilling of oil in the event oil was found to exist in areas of the City. The Mayor asked if anyone in the audience wished to speak in favor or oppo- sition to this proposed ~m~ndmento Mr. H. D. Pitcher, 3350 Wilshire Boulevard, Los Angeles, addressed the Council representing Texaco Inc. and further reviewed Texaco's suggestion for the City Council's consideration of an oil (0) zone for the purpose of allowing oil drilling on properties. In response to a question from Councilman Kanel, Mr. Pitcher advised that to his knowledge Texaco Inc. has not attempted to drill for oil in the Cypress area. Following general discussion, it was moved by Councilman Noe and seconded by Councilman Kanel to continue the Public Hearing to consider an amendment to Sections 115.3 and 120.2 of the Zoning Ordinance to 8:00 p.m, on Monday, August 11, 1969 and to request the Staff to conduct further studies of al- ternatives regarding the restriction of oil drilling. The motion was onani- mously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey RECESS: The Mayor declared a recess at 8:43 pom. The meeting was called back to order at 8:50 p.m., all City Councilmen present, with the exception of Councilman Harvey. CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACTS FOR SCHEDULE "D" OF STORM SEWER PROJECT WS-6-05-0302, CITY PROJECT 6854-20-0000: Upon the request of the City Manager, it was moved by Coancilman Noe and seconded by Councilman Bowen to continue this matter to the adjourned regular meeting of the City Council to be scheduled for Tuesday, June 24, 1969 at 6:30 p.m. in the City Council Chambers. The metion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF STATUS REPORT ON OPERATION OF HYATT DIE CAST, INC.: The City Manager presented a report dated June 19, 1969 reviewing discussions and meet- ings which have been held between the City Manager and City Attorney and Mr. Hyatt and his Attorney relative to reaching a solution to the problems of noise, vibrations, and odor at the Hyatt Die Cast and Pico Cra£t Plamts on Lincoln Avenue. The report indicated that Mr. Hyatt has employed the sound consulting firm of Bolt, Beranek and Newman to assist Mr. Hyatt in developing - 10 - specific recov, n~udations for reducing the noise level to comply with the con- dition imposed by the City Council. These recov, m~ndations and time schedule for implementation of the recon~nendations will be completed by June 25, 1969 and will be the subject of a meeting which the City Manager has arranged with Mr. Hyatt, the Planning Director and a representative group of residents adjacent to the Hyatt Die Casting Plant. The report further indicated that the relocation of the compressor unit which is adjacent to the block wall fence on the west side of the Hyatt Die Cast premises has been initiated, and that the use of the outside speaker has been resolved by the installation of a switch which will turn off all P.A. units between the hours of 8 p.m. and 7 a.m. The report further indicated that all lights have been completely shielded on the property to prevent bleeding onto adjacent property and that the cork pads for all equipment have been ordered and should be installed well in ad- vance of the July 28th deadline. The report also stated that the spray paint booth would be limited to the hours between 7 a.m. and 10 p.m. and that the 800-ton die casting machines would not be put into operation at this time. It was moved by Councilman Noe and seconded by Councilman Bowen to receive and file the status report dated June 19, 1969 regarding the Hyatt Die Cast Operation. Prior to voting on this matter, further discussion was held in regard to the Hyatt Die Cast Operation. Mr. Lea Wilson, 9190 Whitney Way, Cypress, addressed the Council stating that the operation at the Hyatt Die Cast plant commenced at 6 a.m. and that the noise resulting from this operation is still excessive. He further stated that there are odors which are coming from the spray paint booth operation which are offensive to adJ scent property owners, specifically one whose child suffers from asthma. The City Manager stated that the purpose of the meeting to be held on June 25, 1969 was to re~olve these problems, as well as other complaints which have been received from residents in the area since the Council's last meeting. Councilman Kanel indicated his concern that these problems should remain after Mr. Hyatt had been advised of their existence. He indicated that when complaints regarding the Hyatt operation are received, steps should be taken inunediately to eliminate the cause of these complaints. In response to a statement from Councilman Kanel, Mr. Albert Hyatt, 4656 Lincoln Avenue, Cypress addressed the Council indicating that he has no in. formation as to the time that the owner of Pico Craft allows his employees to operate the spray paint booth, nor is he aware of any restriction inthe hours for operation of this paint booth which may have been imposed by the City on the Pico Craft operation. The City Manager explained that the City Council had determined that the spray paint booth was an outside operation on the premises and, for this reason was in violation of the conditions imposed on Hyatt's Conditional Use Permit. Mr. Hyatt advised that he has informed the security guard on his property to turn off all lights, including those at the Pico Craft Plant at 10 p.m. Councilmen Bowen and Noe and Mayor Kanode indicated that they would reserve their comments in regard to this operation for the Public Hearing on modifi- cation or revocation of the conditional use permit° Councilman Noe's motion was then unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey - 11 - ; .57 CONSIDERATION OF APPROVAL OF 1969-70 BUDGET: The City Manager presented copies of the 1969-70 fiscal year budget for the City of Cypress. He then reviewed the general budget objectives for the next fiscal year. He further indicated that the City anticipates acquiring revenues in the amount of $1,966,000 and making expenditures of $1,652,000, which will leave approximately $300,000 in the General Fund° The City Manager also reviewed several charts which compared the past year's revenues, expenditures and other activities within the City. The City Manager read into the record a communication dated June 16, 1969 from Councilman Robert C. Harvey indicating his approval of the 1969-70 fiscal year budget as reviewed with the City Council° In response to a request from Mayor Kanode, the City Manager stated that he would investigate the possibility of obtaining a tarp for the area beneath the Council Chambers to prevent the wind from blowing through the plaza area. He felt that this would allow more use of the plaza area by citizens groups. The City Manager introduced Administrative Intern Jan Chatten who had prepared the charts for presentation of the budget° Mayor Kenode stated that the charts were very well done and would assist in the explanation of the budget document. In response to a question from Councilman Bowen, the City Manager stated that these charts will be made available to organizations within the City who wish to make use of them during the 1969-70 fiscal year, as well as being used by the City in various presentations° It was moved by Councilman Noe and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 982 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1969 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey Mayor Kenode and Councilman Bowen complimented the City Manager and Staff on their budget presentation. CONSIDERATION OF ANNUAL ,REQUALIFICATION FOR PARTICIPATION IN COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM: The City Manager presented a report dated June 11, 1969 from the Public Works Director outlining the necessity for the City to inform the Advisory Committee of the Orange County Arterial Highway Financing Program as to whether or not any changes to the Master Plan have been made within the City and to request the changes to be adopted into the County Arterial Highway Master Plan and made eligible for inclusion in the program. It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 983 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS INFORMING THE COUNTY ARTERIAL FINANCING ADVISORY COMMITTEE THAT NO CHANGES ARE REQUESTED FOR INCLUSION IN THE COUNTY ARTERIAL HIGHWAY MASTER PLAN. - 12 - The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF ADOPTION OF RESOLUTION REGARDING T.ERMS AND CONDITIONS FOR DISSOLUTION OF CYPRESS COUNTY WATER DISTRICT: The City Manager presented a report dated June 19, 1969 transmitting a copy of a Resolution prepared by the City Attorney which outlined conditions regarding the future cost of service and guarantees for continuation of sewer service in the event the Cypress County Water District were to be dissolved. Through the adoption of this Resolution, the Local Agency Formation Comission will be assured of the Council's policy in reference to both the continued sewer service which will be provided and the cost of this service in the event the Dis- trict were to be dissolved° In response to a request from Mr. Ao E. Arnold, 5541 Bishop Street, Cypress, he was presented with a copy of the proposed Resolution. Councilman Noe stated that as a member of the Local Agency Formation Commission, he would refrain from discussing or voting on this matter. It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REGARDING TERMS AND CONDITIONS FOR ~ONTINUATION OF SANITARY SEWER SERVICE UPON DISSOLUTION OF THE CYPRESS COUNTY WATER DISTRICT. Councilman Kanel stated that he would vote for this Resolution as a means of protection of the inhabitants of the District within and outside of the City. Mayor Kanode stated that he also was in favor of this Resolution, although he was confident the City would not exert any pressure on the areas of County unincorporated territory to annex to the City in the event the City were to provide the sewer services for this area° Councilman Bowen's motion was then unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Bowen, Kanel and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey ABSTAINED: 1 COUNCILMEN: Noe CONSIDERATION OF AMENDMENT TO LEASE WITH ORANGE COUNTY FOR LIBRARY FACILITY AT MOOD~ AND MYRA: The City Manager presented a report dated June 19, 1969 reviewing the terms of the lease with the Orange County Library District for repair and maintenance of the air conditioning system at the library facilities located at Moody and Myra which provides for the County to be responsible for the reasonable care and maintenance of the air conditioning system while the City would be liable for all major repair and replacement of the air condition- ing system with major repairs and expenses being defined as those consisting of a total cost of mere than $100. The report indicated that the City could have this service performed by the air conditioning firm responsible for the City Hall air conditioning system for a monthly cost of $66, and suggested that the Council consider increasing the monthly rental payment from the County for the library by $25, which is the current maintenance cost to the City, and authorizing the City to assume complete maintenance responsibility for the library air conditioning system. Deducting the $25 increase in rent, the City would be required to expend an additional $492 annually for the air conditioning maintenance of the library which hopefully would be offset by a reduction in major repair work, which in the 1968-69 fiscal year represented a cost to the City of $1,481.06. - 13 - :359 The City Manager indicated that the Orange County Department of Real Property Services has prepared an amendment to the existing lease changing the responsi- bility for air conditioning maintenance and increasing the monthly rental pay- ment to become effective June 1, 1969o It was moved by Councilman Noe and seconded by Councilman Bowen to approve the amendment to the library lease which provides for the City to assume the repair and maintenance responsibility for the air conditioning system and to increase the monthly rental payment from the County for the library by $25, and to authorize the Mayor to sign and the City Clerk to attest the lease, subject to approval as to form by the City Attorney. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey C~NSIDERATION OF RENEWAL OF CITY INSUR~CE POLICY AND APPOINTMENT OF BROKER OF RECORD: The City Manager presented a report dated June 19, 1969 advising that the appointment of Mro Harold T. Mort as the Broker of Record for the City and of the Public Entity Insurance coverage by Pacific Indemeity Company will expire on June 30, 1969, unless renewed by action of the City Council. The City Manager indicated that both Mr. Mort and Pacific Indemoity Insurance Group have requested a five-year renewal based on the existing service and coverage by the Broker of Record and by the insurance company. The City Manager indicated that based upon an analysis made by the Finance Director and the City Manager in regard to the service record of Mr. Mort and Pacific Indemity Insurance Group during the past five years, it has been determined that the service and coverage afforded by the existing insurance policies are adequate and a renewal both of the policies and of the appoint- ment of Mr. ~4~)tt as Broker of Record would be in the best interests of the City. In answer to an inquiry from Councilman Noe, the City Manager advised that the policies provide for annual negotiation of premiums and indicated that the annual premiums during the past three years have been increased only slightly, even though the City has had several large insurance claims. It was moved by Councilman Kanel and seconded by Councilman Kenode to renew the appointment of Mro Harold T. Mort as the Broker of Record for the City of Cypress for a five-year period, and further authorize the renewal of insurance coverage under the new Public Entity Policy with Pacific Indemmity Company for a five-year period with provisions for annual payment and premium negotiations and to further authorize the Broker of Record to renew all bonds and coverages now in force with this agency. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowan, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF PROPOSED CHANGE ORDER FOR STORM SEWER PROJECT: The City Manager presented a report dated June 19, 1969 requesting the Council's con- sideration of approving a change order for construction of the storm drain channel from Grindlay to Denni to be performed by K.EoC. Company. This change order would provide for the construction of a rectangular reinforced channel from Denni to M~ody in lieu of the trapezoidal channel which was specified in Schedule "B" of the Storm Sewer Project Contract documents, at no increase in the contract price. The report indicated that the rectangular reinforced channel is a more desirable structure due to the soil conditions in this area and the change order has received the approval of the Orange County Flood Control District, whose personnel will assume the responsibility for the maintenance of this channel, and from the Department of Housing and Urban Development. - 14 - It was moved by Councilman Kanel and seconded by Councilman Noe toconcur in the proposed change order requested by KoE.Co Company for the construction of a rectangular reinforced channel in lieu of the trapezoidal channel from Denni to Moody, at no increase in cost° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to proceed to Item 28 on the agenda at this time° C.O.NSIDERATION OF PROGRESSIVE PAY STEP PLAN FOR SEASONAL EMPLOYEES: The City Manager presented a report dated 3une 17, 1969 indicating the desirability of establishing a progressive pay step plan for seasonal employees, which in- clude the positions of maintenance aide and crossing guard, which will assist in recruiting new personnel for these positions as well as retaining the current personnel° This will provide for seasonal employees to be paid at the next highest step within the range after having been employed by the City for a complete season during the previous year° Councilman Bowen stated that he would prefer the pay steps to provide for a 10% increase between steps rather than the proposed 5% increase~ It was moved by Councilman Noeand seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 985 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A PROGRESSIVE PAY STEP PLAN FOR CERTAIN SEASONAL EMPLOYEES IN THE MUNICIPAL SERVICE OF THE CITY OF CYPRESS. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: Kanel, Noe and Kenode NOES: 1 COUNCILMEN: Bowen ABSENT: 1 COUNCILMEN: Harvey Councilman Bowen stated that he had voted "No" since he was opposed to the amounts of the raises~ CONSIDERATION OF CHANGES IN EMPLOYEE SICK LEAVE BENEFITS: The City Manager presented a report dated June 18, 1969 suggesting various changes in the sick leave program of the City as a result of a recent study of the adequacy of the fringe benefits provided to Cypress City employees° These changes con- sist of eliminating the 90-day maximum accumulation of sick leave provision, permitting unlimited accumulation, allowing employees to use 3 days of sick leave per year for illness of immediate family members, and to increase the number of sick leave days for family death or bereavement in a given year from 3 to 5 days in cases where the deceased relative has lived outside of the Southern California area° It was moved by Councilman Noe and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 986 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NOo 703, RULE XI, SECTIONS 12 AND 21, CONCERNING THE BASIC COMPENSATION PLAN FOR EMPLOYEES IN THE MUNICIPAL SERVICE OF THE CITY OF CYPRESS. The Motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey - 15 - CONSIDERATION OF REVISIONS TO THE POSITION CLASSIFICATION PLAN: The City Manager presented a report dated June 18, 1969 requesting the addition of class specifications for the positions of building inspector, Jr. clerk typist, public works foreman, ]ro engineering aide and maintenance aide. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 987 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NOo 975 BY ADDING CLASS SPECIFICATIONS FOR THE POSITIONS OF JRo CLERK TYPIST, PUBLIC WORKS FOREMAN, 3Ro ENGINEERING AIDE AND MAINTENANCE AIDE, AND ADDING A REVISED CLASS SPECIFICATION FOR THE POSITION OF BUILDING INSPECTOR, TO THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE COMPETITIVE SERVICE OF THE CITY OF CYPRESS° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF REQUEST FOR BUDGET TRANSFERS FOR 1968-69 BUDGET: The City Manager presented a report dated June 19, 1969 requesting budget transfers for the overtime and part-time departmental accounts in addition to other accounts which are required to close out the accounts for fiscal year 1968-69. It was moved by Councilman Noe and seconded by Councilman Kanel to authorize the following budget transfers from the R~serve for Capital Improvements: Overtime Accounts: 25~00 245°00 125o00 2,000~00 1,000~00 600~00 100o00 125o00 to Administration to Finance to City Clerk to Police to Street Maintenance to Traffic Safety to Public Grounds to Storm Drains Part-Time Accountst 175~00 to City Clerk 3,000~00 to Engineering Other Accounts: $600°00 to Personnel Contractual Services Account~ $800°00 to Government Buildings Contractual Services Account. $10,375~00 to the Weed Abatement Contractual Services Account° 4o $1,300o00 to the Valley View Street Widening Project Account Now 6808-10-0000~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey In response to an inquiry from Mayor Kanode, the Public Works Director stated that the property on Valley View Street had been one of the first properties to be disced by the City weed abatement contractor and that the weeds currently on the property are regrowths from this original discing~ - 16 - CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 21515 THgJDUGH 21658: It was moved by Councilman Noe and seconded by Councilman Bowen to approve the Commercial Warrant List for Warrants No. 21515lthrough 21658 in the amount of $63,954.78. The motion was unanimously carried by the follow- ing roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey RESOLUTION OF COMMENDATION FOR CHESTER GUTZMAN FOR BEING NAMED OUTSTANDING VETERANS/Q~Lj'FOREIGN'Z WAI~ ~COMMANDER~=IN i ORANGE/Jr~q~L RI]rEE~IDE~CQUNTIES: ' It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the follow- ins Resolution by title only, title as follows: RESOLUTION NO. 988 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CHESTER A GUTZMAN ON BEING NAMED OUTSTANDING VETERANS OF FOREIGN WARS COMMANDER FOR ORANGE AND RIVERSIDE COUNTIES. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey The City Manager advised that he had received a telephone call from Mr. Masullo who resides in the tract south of Cerritos Avenue at Knott Street conunending the City Staff on resolving the fly problem at the Baroldi Dairy through the fly abatement proceedings which were recently completed. In response to a question from Councilman Kanel, the City Attorney advised that the assessment is imposed against the property as a tax and is paid along with the property owner's tax billo EXECUTIVE SESSION: It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to go into an executive session at 10:07 pom. for the purpose of dis- cussing pending litigation in connection with the acquisition of additional property for street purposes in Tract No. 6705, and for acquisition of a parcel for the Corporation Yard. The meeting was called back to order at 10:17 p.m. all City Councilmen present, with the exception of Councilman Harvey. It was moved by Councilman Bowen, seconded by CouncilmanNoe and unanimously carried to place consideration of settlement of the condemnation actions for the Corporation Yard settlement on the agenda for consideration at this time. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the settlement of the Case of the City of Cypress v. Orange County Superior Court Case No. 164085 regarding Parcel No. 3 owned by Mary Susan Nannie Cleek for the sum of $23,051.60, as appraised, The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey -17- ORAL COMMUNICATIONS: There were no oral communications presented at this In response to a question from Councilman Bowen, the Public Works Director indicated that he would investigate the streets in Tract No. 6549 off Cerritos Avenue to determine what may have caused them to sink. It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to place consideration of letters of appreciation to the outgoing Presidents of the Cypress Lions Club and the Cypress Chamber of Com-~rce on the agenda for consideration at this time. It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to direct the City Manager to send letters of appreciation to the out- going Presidents of the Cypress Lions Club and the Cypress Chamber of Com- merce for their cooperation with the City of Cypress during the past year. Councilman Kanel inquired as to the possibility of the City Council receiving the action of the Planning Commission as soon as possible after the Planning Commission meeting, following which general discussion ensued and it was generally agreed that arrangements would be made to notify the Council of the Planning Commission's action on certain item. ADJOURNMENT: There being no further business to come before the City Council, it was moved by CouncilmanNoe, seconded by Councilman Bowen and unanimously carried to adjourn the meeting at 10:30 p.m. to Tuesday, June 24, 1969 at 6:30 p.m. in the City Council Chambers, 5275 Orange Avenue, Cypress. MAYOR OF THE CITY OF CYPRESS ATTEST: ',// CITY CLERK OF THE CITY OF CYPRESS - 18 -