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Minutes 69-12-08MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 8, 1969 61 The regular meeting of the Cypress City Council was called to order at 4:00 pom~ on Monday, December 8, 1969, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tem John Kanel presiding. PRESENT: Councilmen Bowen, Harvey and Kanel ABSENT: Councilmen Noe and Mayor Kanode Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap, Grissom, and Poertner~ MINUTES: It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to approve the Minutes of November 24, 1969 as mailed. Upon the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Bowen and unanimously carried to place the Employment List for Recording Steno- grapher on the agenda for consideration as Item No. 23. It was moved by Councilman Harvey, seconded by Councilman Bowen and unanimously carried to place consideration of the Employment List for Police Officer on the agenda as Item No~ 24° ADJOURNMENT: It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to adjourn this meeting at 4:06 p.mo to the City Employees' Lounge in the Civic Center, 5275 Orange Avenue, Cypress, California for the purpose of conducting a Joint meeting with the Cypress Chamber of Commerce Board of Directors. The meeting was reconvened at 4:15 p.mo in the City Employees' Lounge, all City Council- men present with the exception of Councilman Noe and Mayor Kanode. Chamber President Morris explained in detail the brochure which is being prepared by the Chamber° The City Council was advised that the brochure is being prepared at no cost to the Chamber and, upon completion, in excess of 10,000 copies would be available for distribution. General discussion was held regarding the status of the Naval Air Station ex- pansion program and the type of assistance that the Chamber could provide the City in resolving this issue. It was generally agreed that the Chamber could assist in the development of visual aids to assist in the presentation before the Congressional Subcommittee° MAYOR FANODE ARRIVED AT 4:45 P.M., TOOK HIS PLACE ON THE PODIUM AND PRESIDED OVER THE REMAINDER OF THE MEETING. In addition, it was suggested that the Chamber attempt to obtain support from individual businessmen in the general area who would be willing to go on record in opposition to the expansion of the Naval Air Station and also support the relocation of the facility, which could have the effect of boosting the local economy for business establishments° Discussion also was held regarding the various commercial developments underway in the community. Dro Walker announced the opening of the campaign office at 5955 Cerritos Avenue in Cypress for the support group of the Anaheim Union High School District tax over- ride and bond issue. Dro Walker requested volunteer assistance to help in the office° RECESS: It was moved by Councilman Bowen, seconded by Mayor Kanode to recess at 5:25 pomo until 7:30 p.m. that evening. City CounCil Minutes December 8, 1969 CALL TO ORDER: The meeting was called back to order at 7:30 p~m., with the following in attendance: PRESENT: Councilmen Bowen, Harvey, Kanel and Kanode ABSENT: Councilman Noe Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap, Grissom, Nudson, Poertner, Putnam, Savord and Schatzeder. PLEDGE OF ALLEGIANCE: Cypress Boy Scout Troop No. 207 led the City Council and audience in the Pledge of Allegiance° CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR F~RNISHING AND PLANTING OF STREET TREES AND REQUEST TO READVERTISE FOR BIDS, PROJECT 700'8-9070000, PHASE II: The Public Works Director presented a report dated December 3, 1969 outlining the results of the investigation conducted by the Public Works Department into the qualifications of the two low bidders for this project which indicated that each bidder was equally qualified and proposed to obtain the trees from the same supplier° For this reason, it was requested that authorization be given to readvet- rise this project. It was moved by Councilman Harvey and seconded by Councilman Bowen to authorize readvertising of bids for furnishing and planting of street trees, Project Noo 7008-90-0000, Phase II with bids to be received on December 22, 1969. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe ORAL COMMUNICATIONS: There were no oral cormnunications presented at this time. Since Item No. 2 was a Public Hearing scheduled for 8:00 p.m., it was moved by Councilman Harvey, seconded by Councilman Bowen and unanimously carried to proceed to Item No. 6 on the agenda at this time. COMMUNICATION FROM GIRL SCOUT CADETTE TROOP 1656 RE: DESIGN OF CITY OF CYPRESS FLAG: The City Manager reviewed a communication from Miss Cindy Moore, Secretary of Girl Scout Cadette Troop 1656 in the City of Cypress, requesting permission to conduct a contest to design a flag for the City of Cypress and further requesting the City Council to appropriate sufficient funds to award prizes to the contest winners. The City Manager recommended that prior to taking action on this, the City Council may wish the City Staff to meet with the representatives of Cadette Troop 1656 to work out the details of the program and to determine the extent of funds which will be requiredo Miss Janie Thomas, 9486 Cambridge Street, Cypress, California, addressed the Council indicating that Cadette Troop 1656 desired to accomplish this project as a community service, which in turn would complete one of their Scout Challenges° She further indicated that representatives from the Cadette Troop would be happy to m~et with the City Staff to further outline the proposed project. It was moved by Councilman Harvey and seconded by the City Manager and Staff to develop a City Flag Girl Scout Cadsite Troop 1656. Councilman Bowen to authorize Contest in cooperation with' General discussion was held regarding the scope of the project, following which Councilman Harvey's motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe and Kanode It was moved by Councilman Harvey, seconded by Councilman Bowen and unanimously carried to proceed to Item No. 3 and continue until 8:00 p.m. -2 - City Council Minutes COMMUNICATION FROM WOMAN'S CLUB OF CYPRESS RE: December 8, 1969 ANTI-LITTER PROGRAM: The City Manager reviewed a communication dated November 17, 1969 from Mrs. John Leneker, President of the Woman's Club of Cypress, and Mrs. Richard Steinberg, Chairman of the Cypress Beautification Project, expressing their appreciation to the City officials for their support in the third Annual Cypress Anti-Litter Week, co- sponsored with the Chamber of Commerce° It was moved by Councilman Harvey, seconded by Councilman Bo~en and unanimously carried this communication be received and filed° COMMUNICATION FROM INTERIM TOPICS ADVISORY COMMITTEE RE: IMPLEMENTATION OF FEDERAL TOPICS PROGRAM IN CALIFORNIA: The City Manager presented a communication dated November 13, 1969 from Mr. Robert C. Cozens, Chairman of the Interim TOPICS Advisory Committee, which reviewed the progress being made in the implementation of the Federal TOPICS Program in California and further requested that each city in the State submit recommendations to the County Board of Supervisors as to the proper selection of a coordinating agent who will assist in establishing adminis- trative procedures for the TOPICS Program, with this information to be submitted to the State Advisory Committee by January 1, 1970o The City Manager also reviewed a communication from the Orange County Road Depart- ment suggesting that the coordinating agent from this area be designated from the Orange County portion of the Los Angeles metropolitan urban area. The City Manager suggested that in reviewing this matter with the Public Works Director, it would appear that Orange County would be the logical agency to serve as coordinator for the cities within Orange County which are included in the State-designated urban area~ He further indicated that it has been suggested that Orange County would utilize the Arterial Highway Financing Program in establishing priorities for these Federal Funds and that the City would reserve the right to review any pro- cedure which is developed for establishing priorities, until such time as these procedures are finalized and can be reviewed by all ~ffected cities. It was moved by Councilman Bowen and seconded by Councilman Kanel to authorize the City Manager to notify the County Board of Supervisors through the Orange County Road Department that the Cypress City Council recommends that Orange County be designated as the coordinating agency for the Orange County urban area in develop- ing administrative procedures for the TOPICS Program; however, reserving the right to review the administrative procedures which are developed at such time as the procedures are finalizedo The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel, and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe COMMUNICATION FROM BUILDING INDUSTRY ASSOCIATION OF CALIFORNIA RE: STATE LEGIS- LATION: The City Manager presented three Resolutions from the Building Industry Association of California, Inc. urging legislation supporting ,arbitration in Public Works, reduction in housing costs and corf~etitive biddfng. He further indicated that since these Resolutions suggest State legislation, no further action is required by the City Council at this time, In response to an inquiry from Councilman Harvey, the City Manager advised that the Resolution concerning housing cost reduction supports the City's planned de- velopment program in promoting innovative design. He further stated that the City currently uses cormpetitive bidding in public works projects. It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried these Resolutions be received and filed. COMMUNICATION FROM CALIFORNIA COUNCIL ON INTERGOVERNMENTAL RELATIONS RE: BOUNDARIES FOR REGIONAL ORGANIZATIONS DEVELOPED BY COUNCIL ON INTERGOVERNMENTAL RELATIONS: The City Manager presenteda communication dated December 1, 1969 from Mr. Frank Fargo, Executive Secretary of the California Council on Intergovernmental Relations, requesting the City Council to submit conments on the boundaries which should be established for regional organizations which are being developed by the Council on Intergovernmental Relations, as required by Sections 34217 and 34217~1 of the State Government Code. The City Manager further advised that the current regional planning area involves the Counties of Orange, Imperial, Los Angeles, Ventura, Riverside, and San Bernardino, which is the same area of Jurisdiction of the Southern California Association of Governments° -3- City Council Minutes December 8, 1969 It was moved by Councilman Harvey, and seconded by Councilman Kanel to authorize the City Manager to notify the California Council on Intergovern- mental Relations that the boundaries for the regional district in this area should be the same as the boundaries of the Southern California Association of Governments. The Motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe COMMUNICATION FROM Wo C. RODGERS REQUESTING ANNEXATION OF PROPERTY AT 8781 WALKER STREET: The City Manager reviewed a communication from Mr. W. C. Rodgers, the owner of property at 8781 Walker Street, notifying the City of his interest in annexing this property to the City of Cypress and requesting that further studies be made to determine the feasibility of annexing the surrounding property to the City° Mro Rodgets' property is located approxi- mately midway between the existing City boundaries on Walker Street north of the Pacific Electric Railroad and De Long Street. The City Manager advised that in order to annex this particular piece of property, other parcels of property immediately adjacent to the City bounda- ries in that area also would be required to be annexed. It was moved by Councilman Bowen and seconded by Councilman Kanel to refer this request to the City Manager's office for further study into the feasi- bility of annexing this general area to the City of Cypress. The motion was unanimously uarried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Harvey, Kanel and Kanode None Noe CONSIDERATION OF REQUEST FOR AUTHORIZATION TO RELEASE FAITHFUL PERFORMANCE BOND FOR VALLEY VIEW IMPROVEMENT FROM ORANGE TO CERRI~OS.~ AHFP PROJECT 378~ CITY PRO3ECT 6812-10-0378 (JOHN EWLES): The City Manager presented a report dated December 4, 1969 from the Public Works Director requesting authori- zation to release the Faithful Performance bond submitted by 3ohn Ewles for the Valley View Street Improvement from Orange to Cerritos, AoH.FoP~ Project Noo 378 which was completed in September of 1968. It was moved by Councilmen Harvey and seconded by Councilman Bowen to authorize release of the Faithful Performance Bond for the Valley View Street Improvements from Orange to Cerritos, AoH.FoP. Project Noo 378, City Project No, 6812-10-0378 as submitted by John Ewles, 14876 Dillow Street, Westminster, California~ The motion was unanimously carried by the follow- ing roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe CONSIDERATION QF ~CCEPT.ANCE QF WORK AND RELEASE OF BONDS FOR TREE REMOVAL PROGRAM, CItY ~ROJECT NOo 7008-90-00Q0 (_A~_4]~ICAN ~RE~ S~R~ICE): The City Manager presented a report dated December 4, 1969 from the Public Works Director indicating that the work of tree removal and tree pruning performed by American Tree Service was satisfactorily completed in accordance with plans and specifications on October 31, 1969, and recommending that the bonds for this project be released. It was moved by Councilman Kanel and seconded by Councilman Bowen to accept the work performed by American Tree Service, City Project No. 7008-90-0000, in the removal and pruning of trees within the City as being satisfactorily completed in accordance with plans and specifications and to authorize the City Clerk to release the labor and materials bond at the end of the re- quired lien period and to release the Faithful Performance bond at the end of one year from the date of completion~ -4- City Council Minutes December 8, 1969 Councilman Kanel's motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe CONSIDERATION OF SUMMARY VACATION OF PORTIONS OF MARIAN AVENUE IN TRACT NO. 5621: The City Manager presented a report dated December 4, 1969 from the Public Works Director reviewing the new procedure for abandoning streets wh ere their use has been superseded by another street and they no longer are necessary, which does not require the conduct of Public Hearings. The report reviewed the reasons for vacating portions of Marjan Avenue where easements had been obtained from the School District, which superseded the need for portions of the public street° ~he City Manager advised that the City of Cypress will be the first City in the State to utilize this provision of the Government Code. It was mowed by Councilman Harvey and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NO, 1028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING AND ABANDONING PORTIONS OF MARIAN AVENUE PURSUANT TO THE PROVISIONS OF CHAPTER 5 (SECTIONS 1930 - 1934) OF DIVISION 2.5 OF THE STREETS AND HIGHWAYS CODE OF CALIFORNIA. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND AUTHORIZATION TO RELEASE BONDS ON LINCOLN AVENUE AND WALKER STREET (PUP N'. ~Aco DRIVE UP): The City Manager presented a report dated December 4, 1969 from the Public Works Director indicating that the street improvements at the Pup N' Taco Drive Up located at the southeast corner of Lincoln and Walker, required under Variance Noo V-253, have been completed and accepted by the Public Works Department~ It was moved by Councilman Bowen and seconded by Councilman Harvey to accept the improvements at the PupN' Taco Drive Up at Lincoln Avenue and Walker Street, as required under Variance No. V-253 and to authorize the City Clerk to release the Labor and Materials and Faithful Performance bonds upon expiration of the required lien periods, providing no mechanic's liens have been filed. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe CONTINUATION OF PUBLIC RRARING RE: AMENDMENT TO ZONI~G ORDINANCE RELATING TO CONDITIONAL USE PERMITS FOR EXTRACTION OF NATURAL RESOURCES: The Mayor announced this was the time and place for the Continuation of Public Hearing to consider a proposed amendment to the Zoning Ordinance No. 90, Section 115o3 and Section 120.2 Subsection F thereof relating to uses requiring Conditional Use Permits, initiated by the Cypress Planning Secretary. The Mayor stated that the Public Hearing was open and requested the Staff to present its reports° -5 - City Council Minutes December 8, 1969 The City Manager presented a report dated December 4, 1969 indicating that the affidavit of posting of the Notice of Continuation of the Public Hear- ing on this matter is on file in the office of the City Clerk andno further connnuntcations have been received. The report further indicated that the City Attorney has completed his review of the suggested changes and felt that the proposal by Texaco Inc. to develop an oil drilling combining zone (O Zone) which, when combined with any existing zone, would allow the ex- traction of natural resources subject to a Conditional Use Permit, would provide the City with sufficient additional controls for extraction of natural resources within the City without limiting this extraction to a particular zonein the community. Since this proposal is a significant change from the original proposal to limit the extraction of natural re- sources to the M-1 Zone, subject to obtaining a Conditional Use Permit, the City Attorney suggested that the current recommendation limiting the ex- traction of natural resources to the M-1 Zone be denied and that the pro- posed Ordinance amendment regarding the oil drilling combining zone be re- ferred to the Planning Commission for the conduct of Public Hearings and recommendation to the City Counctl~ In answer to a question from Councilman Bowen, the City Attorney reviewed the case of Scrutten v Sacramento which changed the powers of cities to establish conditional zoning° Councilman Bowen suggested that due to this Case, perhaps discussions garding controls of service stations should be re-opened, following which the City Attorney advised that as a result of this Case there may be many areas of the City Code which will be revised to incorporate the expanded scope of authority of the City. In response to inquiries from Councilman Bowen, the City Attorney reviewed the differences between the two proposals. Under the current provisions of theCity Code, oil drilling can take place at any location within the City subject to a Conditional Use Permit. The proposal recommended by the Planning Commission would allow oil drilling only in the M-1 Zone, subject to a Conditional Use Permit, which would be quite restrictive in- asmuch as only a small portion of the City is zoned M-1. The proposal recommended by Texaco Inco and suggested for adoption by the City Attorney would allow oil drilling only in an oil drilling combining zone(O Zone), subject to a Conditional Use Permit. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed amendment° There being no further written communications and no oral protests, the Mayor declared the Public Hearing closed° It was moved by Councilman Bowen and seconded by Councilman Harvey to deny the Planning Commission's recommendation to limit the extraction of natural resources to the M-1 (Light Manufacturing) Zone, subJect to a Conditional Use Permit and to refer the proposed Ordinance amendment regarding the oil drilling combining zone to the Planning Commission for the conduct of Public Hearings and recommendation tothe City Council° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe 6 City Council Minutes December 8, 1969 Upon the request of the City Attorney, it was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to place consider- ation of a request for a donation of excess pollce sirens from the Police Department to the Girl Scout ~Council of Orange County. Mr. Jim Erickson addressed the Council as legal counsel for the Girl Scout Council of Orange County requesting the City Council to donate three sirens from the Cypress Police Department for fire alarm purposes in the Joe Sherman Girl Scout Camp. Mrs. Janet Spurgeon, Leader of Girl Scout Cedetie Troop 1656 addressed the Council advising of the need for an adequate fire alarm system at this camp site. It was moved by Councilman Harvey and seconded by Councilman Bowen to authorize the donation of three surplus police sirens to the Girl Scout Council of Orange County for use for fire alarm at the Jee Sherman Camp Site. The motion was unanimously carried by the follDwing roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe CONSIDERATION OF APPROVAL OF A PROPOSAL TO CONDUCT A STUDY OF CO.RPORATION YARD REQUIREMENTS: The Cit~_M~p~ ~ep~9~~ ~ T~P~ ~._D~b~T_~? 1969 reviewing a proposal submitted by SUA in the amount of $3,900 to de- termine the ultimate facility requirements in the Corporation Yard now being acquired by the City. The study outlined in the proposal would include a 25-year projection of Corporation Yard needs and the consultant's recom- mendations for site utilization and layout, as wel,1 as a five-year phase construction program designed to minimize the amount of capital outlay. Councilman Harvey expreeae~ his hesitation to proceed with a proposal of this scope until a determination has been made as to whether or not the Naval Air Station will be allowed to proceed with its expansion plans. Councilman Harvey further indicated that he felt a study of this nature is important to the overall planning of the City, but that he considered it premature at this time and would prefer to postpone action for six to eight months, at which time the Congressional hearings may be completed and the City may have a better indication of the future of its industrial property. The City Manager stated that this study was needed to determine the needs for a Corporation Yard facility and that the implementation of the require- ments could be altered to meet any changing demands of theCity. CounCilman Kanel indicated that he felt the Corporation Yard would be required to meet the growing needs of the colrmaunity without consideration of the indus- trial site. He further indicated that a final decision as to the future of the Naval Air Station may not be forthcoming in the immediate future and for this reason, it would not appear necessary to postpone this study. It was moved by Councilman Bowen and seconded by Councilman Kanel to accept the proposal from SUA for the conduct of a study of the Corporation Yard as outlined in the proposal from this firm dated November 19, 1969 and to further authorize the City Manager to issue a purchase order for com- pletion of this work in an amount not to exceed $3,900. - 7- City Council Minutes December 8, 1969 Councilman Harvey stated that he feels the study of the Corporation Yard needs is necessary, but felt that the conduct of the study at this time is premature. Mayor Kanode stated that he concurs in Councilman Harvey's concern in regard to the future of the City's industrial property, but feels that the study is necessary at this time so that the results may be utilized for budgetary purposes for the 1970-71 Budget° Councilman Bowen's motion was then carried by the following roll call vote: AYES: 3 COUNCILMEN: Bowen, Kanel and Kanode NOES: 1 COUNCILMEN: Harvey ABSENT: 1 COUNCILMEN: Noe CONSIDERATION OF GRANTING. PIPELINE ~RANCHISE TO PACIFIC LIG.HTING SERVICE COM?ANY: The City Manager presented a report ~dated December 4, 1969 reviewing an application which has been received from the Paqific Llgh, ting Service Company for a franchise to lay and use pipes and appurtenances and to transmit and distribute gas upon the public streets in the City of Cypress, pursuant to the provisions of ,the Public Utilities Code of the State of California. This request for franchise a. pparently is due to the location of a small transmission line which is owned by the Pacific Lighting Service Company in the City of Cypress and to certain 'changes in the organizational structure of this Company as a wholesaler of gas to Southern Counties and Southern California Gas Companies. The franchise provides for the payment to the City of 2% of the gross annual receipts arising from the use of subject franchise. The report als6 reviewed the procedures to be followed in granting the subject franchise° In response to various inquiries from the City Council, Mr. Rufus McKinney, Legal Counsel for Pacific Lighting Service Company~ 720 West Eighth Street, Los Angeles, California, addressed the Council indicating that Pacific Lighting Service Company is an affiliate of Southern Counties and Southern California Gas Companies in that it operates the major transmission lines which carry gas into Southern Cali- fornia from outside the State and it then wholesales this gas to the two distri- buting Companies, Southern Counties Gas Company and Southern California Gas Company. He further indicated that Pacific Lighting Service Company has no plans for expanding its facilities in Cypress° In answer to a question from Councilman Bowen, Mr. McKinney stated that there currently is a proposal to merge the Southern California and Southern Counties Gas Companies; however, the details of such a merger have not been completely resolved. It was moved by Councilman Bowen arutaeconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO GRANT THE GAS FRANCHISE APPLIED FOR BY PACIFIC LIGHTING SERVICE COMPANY UNDER DIVISION 3, CHAPTER 2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA, KNOWN AS THE FRANCHISE ACT OF 1937. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Harvey, Kanel and Kanode None Noe CONSIDERATION OF REOUEST FOR ADDITIONAL APPROPRIATION--P~.ASE II OF WEED ABATEMENT PROGRAM: The City Manager presented a report dated December 4, 1969 outlining the necessity to appropriate an additional $16,500 to the Weed Abatement Contractual Services Account to cover the contract cost for the 1970 Spring Weed Abatement Program. It was moved by Councilman Kanel and seconded by CouncilmanBowen and unanimously carried to approve an appropriation from the Reserve for Capital Improvements in the amount of $16,500 to the Weed Abatement Contractual Services Account No. 625-18o The motion was unanimously carried by the following roll call vote: -8- City Council Minutes December 8, 1969 AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe The City Manager advised that in connection with the conduct of the Corporation Yard Study, an additional appropriation would be required, following which it was moved by Councilman Kanel and seconded by Mayor Kanodeto appropriate an additional $400 from the Reserve for Capital Improvements to the Capital Improvement Budget for Project 6938-10 for the Corporation Yard Study. Prior to voting on the motion, Councilman Harvey stated that since a majority of the Council had approved the study, he would vote in favor of making the additional appropriation. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe CONSIDERATION OF PROPOSED AGREEMENT FOR PROSECUTION SERVICES WiTH ORANGE COUN'I~f: The City Manager presented a report.dated December 4, 1969 outlining the contents of a proposed agreement with the Office of the Orange County District Attorney to provide for the criminal prosecution of City ordinance violations, which in the past have been processed by the City Attorney's Office and have proven to be both time-consuming and expensive for infractions which normally are minor in nature. The report further outlined the proposed charges for this service which will be subject to annual review. The City Manager indicated that in discussing this matter with the Staff, it appears that the use of the District Attorney's Office for prosecution would ease the problem of administering enforcement programs and would also provide a cost savings to the City in prosecuting violations of City ordinances° It was moved by Councilman Bowen and seconded by Councilman Harvey to approve the proposed agreement for prosecution services with the County of Orange and to further authorize the Mayor to sign and the City Clerk to attest the subject agreement° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe CONSIDERATION OF TERMINATING SOCIAL SECURITY COVERAGE: The City Manager presented a report dated Decembe~ 4, 1969 reviewing the results of a study of the Retirement System offered by the City, which currently consists of a combination of Social Security coverage with a modified State Retirement System Program, and outlining a proposal to obtain full coverage under the State Retirement System which offers greater retirement benefits particularly for those employees who remain with the employment of city and State government in California. The report further indi- cated that the City employees voted in favor of conducting further investigations into terminating the Social Security coverage and adopting a full State Retirement Program, and reviewed the procedures required to proceed with this proposal~ General discussion was held relative to the effect the full State Retirement System would have on all classifications of employees, as well as the recruit- ment program of the City and the increases which have occurred in the Social Security coverage. The City Manager advised that once the City terminates the Social Security Pro- gram it is not eligible to re-enter; however, this would not apply to City em- ployees who should become employed with another agency that offers Social Security coverage. It was moved by Councilman Harvey and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING TERMINATION OF THE SOCIAL SECURITY (OLD-AGE, SURVIVORS, DISABILITY, AND HEALTH INSURANCE) AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE STATE OF CALIFORNIA. 9 City Council Minutes December 8, 1969 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe CONSIDERATION OF REQUEST TO CON.TRACT FOR PREPARATION OF CITY PAYROI.L: The City Manager presented a report dated December 4, 1969 reviewing the increased work- load which has occurred in the Finance Department and outlining a proposal whereby Security Pacific National Bank would prepare the City payroll by computer pro- gramming, at a cost for the remainder of the 1969-70 fiscal year of not to exceed $800.00. The report indicated that this type of payroll preparation has been approved by the City Auditors and that the most appropriate time to enter into this type of arrangement is at the end of the calendar year. It was moved by Councilman Kanel and seconded by Councilman Bowen to authorize the City Managerto obtain the services of Security Pacific National Bank for preparation of the City of Cypress payrollo The motion was unanimously carried by the following roll call vote: ~ AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe It was moved by Councilman Kanel and seconded by Councilman Bowen to approve the transfer of $800 from the Reserve for Capital Improvements to the Finance Depart- ment Contractual Services Acco~unt No. 412-18. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe CONSIDERATION OF EMPLOYMENT LIST--BUILDING INSPECTOR: The City Manager presented a report dated December 2, 1969 reviewing the results of an open competitive ex- amination which has been conducted for the position of Building Inspector. It was moved by Councilman Kanel and seconded by Councilman Harvey to certify the employment list for the position of Building Inspector. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe CONSIDERATION OF APPROVAL OF EMPLOYMENT LIST--MAINTENANCE AIDE: The City Manager presented a report dated December 4, 1969 reviewing the results of an open com- petitive examination which has been conducted for the position of Maintenance Aide° It was moved by Councilman Kanel and seconded by Councilman Harvey to certify the employment list for the position of Maintenance Aide. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 22722 THROUGH 2281.8: It was moved by Councilman Bowen and seconded by Councilman Harvey to approve the Commercial Warrant List for Warrants No. 22722 through 22818 in the amount of $131,549.54. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNEILMEN: Noe - 10 - City Council ~uutes December 8, 1969 CONSIDERATION OF APPROVAL OF EMPLOYMENT LIST--RECORDING STENpGRAFHER: The City Manager presented a report dated December 8, 1969 reviewing the results of an open competitive examination which has been conducted for the position of Record- ing Stenographer° It was moved by Councilman Kanel and seconded by Councilman Bowen to certify the employment list for Recording Stenographer as submitted. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kenode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe CONSIDEKATIO~ OF. APPROVAL OF EMPLOYMENT LIST--POLICE OFFICER: The City Manager presented a report dated December 8, 1969 reviewing the results of an open com- petitive examination which has been conducted for the position of Police Officer. It was moved by Councilman Bowen and seconded by Councilman Kanel to certify the employment list for Police Officer as submitted. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kenode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe ORAL COMMUNICATIONS: Mro Eo K. Cooper, 4721 Newman Avenue, Cypress, California addressed the Council inquiring as to the status of Hyatt Die Cast's compliance with the conditions im- posed on the modification of the Conditional Use Permit for this establishment, and as to when Pico Craft would be relocated from that area. The City Attorney reviewed the status of this matter for Mr. E. K. Cooper and explained the position of the City in not publicly discussing the details of the problem since it does involve possible litigation. In response to a further inquiry from Mro Cooper, the Public Works Director advised chat the footings for the traffic signals at Lincoln and Denni and Lincoln and Bloomfield have been poured and the wire and conduit have been installed. The installations should be completed prior to January 1, 1970. Councilman Harvey stated that interest has been expressed to him in the establish- ment of a cultural program within the City° One of the suggestions included the establishment of an Arts and Cultural Commission by the City Council which would promote cultural activities, such as civiclight opera, etc. He further reviewed the organization and activities of the Arts and Cultural Commission which has been established in the City of Buena Park. Councilman Harvey also reviewed discussions he has held with representatives from Cypress College relative to coordinating such a project. It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried to place this matter on the agenda for consideration at this time° It was moved by Councilman Harvey and seconded by Councilman Bowen to request the City Manager and Staff to conduct a feasibility study of the establishment of an Arts and Cultural Commission within the City of Cypress and report back their findings to the City Councils Mayor Kenode indicated that such a project may be premature until such time as the City has a Park and Recreation Department of its own~ Councilman Harvey indicated that the main intention at this time is to establish the Arts and Cultural Commission, following which Councilman Harvey's motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Harvey, Kanel and Kenode None Noe - 11 - City Council Minutes December 8, 1969 ORAL COMMUNICATIONS: There were no oral communications presented at this time. EXECUTIVE SESSION: It was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously carried to go into an Executive Session at 9:32 p.m. for the purpose of dis- cussing pending litigation° The meeting was called back to order at 9:54 p.m., all City Councilmen present, with the exception of Councilman It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to place on ~e agenda at this time the consideration of detachment of the City from the Cypress County Water District. The City Manager reviewed new legislation which became effective November 10, 1969, deleting the power of a water district board of directors to exclude lands from' a proposed detachment~ He further indicated that in discussing this legislation with representatives of the Cypress Couaty Water District, it was agreed that a resolution would be considered by the City Council to determine whether or not the detachment proceedings would be satisfactory to the City Council in lieu of the proceedings to dissolve the District° If this procedure is followed by all parties involved, including the Local Agency Formation Commission, the dissolution pro- ceedings would be withdrawn. In addition, under the detachment proceedings, an election would not be required unless directed by the Local Agency Formation Commission or in the event protests in excess of 25% are filed. It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DETACHMENT OF CITY TERRITORY FROM THE CYPRESS COUNTY WATER DISTRICT UPON CERTAIN TERMS AND CONDITIONS~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kenode ~OES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe The City Manager reviewed plans to repair the doors to theCity Council Chambers at an estimated cost of $500.00, following which it was moved by Councilman Harvey, seconded by CounCilman Kanel 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 Kanel to authorize the City Manager to proceed with the repairs to the City Council Chambers' doors at a cost not to exceed $500000° The motion was unanimously carried by the follow- ing roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Noe The City Manager inquired as to the best date on which to schedule a tour of the City by the City Council and it was generally agreed that the tour would be deferred until after the Holiday Season. The City Manager presented a copy of a letter of protest submitted to the Local Agency Formation Commission by the City of La Palma in regard to the City of Cypress Annexation No~ 69-5 at Crescent Avenue and Moody Street based on the fact that a portion of this property is within the "sphere of influence" of the City of La Palma. The City Manager also reviewed the report from the Executive Secretary of the Local Agency Formation Commission regarding this Annexation which suggested that the Co~ission establish proposed boundaries of the "sphere of influence" of the Cities of Cypress and La Palmao - 12 - City Council Minutes December 8, 1969 ADJOURNMENT: It was moved by Councilman Harvey and seconded by CouncilmanBowen to adjourn the meeting° Councilman Harvey withdrew his motion and Councilman Bowen withdrew his second~ Mrs° Sharron Pritchett, 6282 Ferne Avenue, Cypress, addressed the Council review- ing the status of the petitions opposing the expansion program of the Los Alamitos Naval Air Station and advising the Council of her attendance at a Stanton City Council meeting regarding this matter. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Harvey, seconded by Councilman Bowen and unanimously carried to adjourn the m~eting at 10:18 p.mo MAYOR OF TH~ CkTY OF CYPRESS ATTEST: CITY CLERK 0~ THE ~ TY OF'CYPRESS F I - 13 -