Loading...
Minutes 70-12-28 _90 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 28, 1970 The regular meeting of the Cypress City Council was called to order at 4:00 D.m. on Monday, December 28, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: CDuncilmen Harvey, Roberrs and Kanel ABSENT: Co~ncilmen Kenode and Lacayo Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson and the following members of the City Staff: Dunlap, Grissom, Hernandez, Nudson and Poertner. MINUTES: It was the general opinion to hold the Minutes of the December 14, 1970 City Council Meeting until the evening session at which time all members of the City Council would be present. STAFF REPORTS AND DISCUSSIONS: At the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to place the consideration of the certifi- cation of the Employment List for Police Agent on the agenda as Item No. 14a. Following discussion regarding the possible non-conformance of the structure, it was moved by Councilman Harvey, seconded by Councilman Roberts and unanimously carried to place the consideration of a transfer of an On-Sale Beer License for the VIP Beer Bar located at 4612 Lincoln Avenue, Cypress, on the agenda as Item No. 15. The City Manager presented a verbal report of the staff reconmendation on the proposed railroad rights-of-way landscaping requirement under consideration by the PUC, and requested that this matter be continued to the regular meeting of January 11, 1971, in order to complete a written report on this matter. The City Councilmen concurred in this request. At the,request of the City Manager, and following discussion, it was determined to call an executive session to discass the matter of a salary increase for City employees to take place at the end of the agenda at the evening session. At the request of Councilman Roberrs and following discussion, it was determined to call an executive session to discass the matter of litigation by the Cypress County Water District to be combined with the executive session on salary increase considera- tion. Councilman Harvey reviewed various complaints by owners and drivers of trucks relating to no parking available to them since the adoption of Ordinance No. 440. He related that the truckers had no objection to the ordinance, and were aware of the problems involved, but had requested assistance in finding a solution to the problem of no space available for their use to park their trucks overnight. Following discussion, it was moved by Councilman Harvey, seconded by Councilman Roberts and unanimously carried to place the consideration of the problems of overnight parking for trucks in regard to Ordinance No. 440 and the possible solutions to this problem on the agenda as Item No. 16. Following discussion, it was determined to take Item No. 1 at this time. CONSENT CALENDAR: The Mayor announced that all matters listed on the agenda under '~CONSENT CALENDAR" were to be considered by the Council as routine and enacted by one motion aDproving the recommendation on the Administrative Report concerning the matter. He f~Tther advised that any item listed under the Consent Calendar could be removed at the request of a Councilman. City ,Council ~nutes Dece~er 28, 1970 It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to approve Item 1 on the Consent Calendar. Item No~ 1: Request for cooperation in the Topics Program from Mr. Robert B. Carieson, Chief Feput~ Director of the State Department of Public Works. Recommendation: That the City Council receive and file this request. It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to consider Item No. 7 at this time° CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT #6839: In response to an inquiry from Councilman Harvey, the Public Works Director advised that all the conditions have been complied with in regard to this Tract. It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to accept the public improvements in Tract #6839 as being satisfactorily completed in accordance with plans and specifications and authorize the City Clerk to release the Monumentation Bond and the Labor and Material Bond upon expiration of their required lien periods providing no mechanics liens are filed with the Performance Bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship and subject to the conviction of the following conditions: 1~ Certification of street trees by landscape architect. 2~ Submittal of a deposit for the remodeling the gunite ditch by developer. It was moved by Councilman Roberts, seconded by Councilman Harvey and unanimously carried to consider Item No~ 10 at this time. CONSIDERATION OF AUTHORIZATION FOR THE DEPTo OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE VEHICLES FOR AND ON BEHALF OF THE CITY OF CYPRESS: In response to an inquiry from Councilman Roberts, the City Manager advised that no other obligation to purchase was authorized other than that stated in the proposed resolution. It was moved by Councilman Harvey, seconded by Councilman Roberts and unanimously car- ried to adopt the following resolution, by title only, title as follows: RESOLUTION NO~ 1134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE VEHICLES FOR AND ON BEHALF OF THE CITY OF CYPRESS. It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to consider Item No. 14, followed by Item No. 14a at this time. CONSIDERATION OF APPROVAL OF THE COMMERCIAL WARRANT LIST FOR WARRANTS NO. 25629 THROUGH 25756: It was moved by Councilman Roberts and seconded by Councilman Harvey to approve the Commercial Warrant List for Warrants Noo 25629 through 25756 in the total amount of $108,676o44o The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Roberts and Kanel None Kanode and Lacayo CONSIDERATION OF CERTIFICATION OF PROMOTIONAL EMPLOYMENT LIST FOR POLICE AGENT: It was moved by Councilman Harvey, seconded by Councilman Roberts and unanimously carried to certify the promotional employment list for the position of Police Agent. RECESS: At the request of Councilman Roberts, Mayor Kanel declared a recess at 4:45 p.m. The meeting was called back to order at 4:48 p~mo with the following Councilmen present: PRESENT: Councilmen Harvey, Roberts and Kanel ABSENT: Councilmen Kanode and Lacayo -2 - City Council Minutes December 28, 1970 It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to recess to 7:30 p.m. CALL TO ORDER: The meeting was called to order at 7:30 p.m., in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kanode, Roberrs and Kanel ABSENT: Councilman Lacayo Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, and the following members of the City Staff: Dunlap, Grissom, HeYnandez, Nudson, Poertner, Chief Savord and Schatzeder. PLEDGE OF ALLEGIANCE: Girl Scout Troop 1656 led the City Council and audience in the Pledge of Allegiance. At the request of Mayor Kanel, the City Manager reviewed what had transpired in the afternoon session of the City Council. ORAL COMMUNICATIONS: There were no oral communications presented at this time. ~NUTES: It was the general opinion to hold the Minutes of the December 14, 1970 City Council Meeting until later in the evening at which time all members of the City Council would be present. It was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously carried to consider Item No. 4 at this time. · CONTINUATION OF CONSIDERATION OF CYPRESS CHAMBER OF COMMERCE CONTRACT: The City Manager reviewed a report dated December 23, 1970, which indicated that this matter had been continued to this date for further Council discussion. Mr. Allen Banick, President, Cypress Chamber of Commerce, addressed the Council stat- ing that the proposal, as presented to the City Council, had requested a full time Chamber Manager be hired, but that in order to expedite the renewal of the Chamber Contract that it be aDproved at the present rate of $1,000. Der month. Mr. A1 Hyatt, President of Hyatt Die Cast Co., Cypress, addressed the Council in firm suDport of the Chamber of Commerce and the work that it does for the City of Cypress. Mr. Jack Leneker, 4504 Middlebury Circle, Cypress, addressed the Council questioning the past performance of the Chamber of Commerce, stating he felt the Chamber had not been properly representing the businessmen in the City of Cypress and that there is no Justification for 40 man or woman hours par week for a full time Chamber Manager. In summation, Mr. Leneker stated he felt that the Chamber contract should not be renewed. In lasponse to an inquiry from Councilman Harvey, Mr. Leneker stated that he was not on~he Board of Directors for the Chamber, and that he felt that nomina- tions had been unclear as to who could be nominated. Councilman Harvey stated he would welcome further information and remarks by Mr. Leneker following the conduct of the public hearings scheduled for this time. COUNCILMAN LACAYO ARRIVED AT 7:57 p.m. AND TOOK HIS PLACE ON THE P~bIUM. CONTINUATION QF CONSIDERATION OF PUBLIC HEARING RE: CONSIDERATION OF AN APPLICATION FOR AN AMENDMENT TO THE ZONING ORDINANCE, KNOWN AS ZONE CHANGE NO. Z-189: The Mayor announced this was the time and Dlace for the Continuation of 1~ . Hearing to consider an application for an amendment to the Zoning Ordinance, initiated by Frost Construction Company, 7332 Florence, Downey, Calif., and known as Zone Change Z-189. -3- City Council Minutes December 28, 1970 The Mayor declared the Public Hearing open and requested the Staff to present its r~ports. The City Manager presented a report dated December 23, 1970, which'indicated that the City Council had continued the Public Rearing in order to obtain additional informa- tion regarding the Planning Commission's recommendation of apDroval~ The report further stated that the Affidavits of Dosring of Notice of Continuation of Public Hearing on this matter are on file in the Office of the City Clerk. The City Manager then read a communioation from Mr. Augustine G. Garcia, 4902 Cathy Ave., Cypress, cared December 26, 1970, stating that as of December 26, 1970 the Frost Construction Company or any other agency was not representing Mr. Garcia in connection with the pending zone change. The communication further stated that Mr. Garcia wishes the property rezoned from R-1 to R-3. The Secretary of the Planning Commission then presented a Supplemental Report dated December 21, 1970, which stated that the Planning Commission had confirmed their earlier decision that the land use should remain residential for this property to remain consistent with the area and that they had not considered commercial zoning because of the revised Land Use Element. The report further reviewed the four areas of consideration by the planner when evaluating a change of zone, and summarized in support of the use of R-3 Zone that it was the Planning Commission's recommendation along with the Revised Land Use Element and a planner's evaluation of the reques~ and in support of a denial that the information available shows that very little C-O zoned land is available for development in Cypress, and that the presently adopted Land Use Element of the General Plan shows the future land use us low density resi- dential. In reply to inquiries from Council,m~ Kanode and Lacayo, the City Attorney advised that the City Council could proceed with the Public Hearing, however, the Frost Construction Cormpany would have no formal authority in reference to the application although representatives could present testimony as a part of the Public Hearing. In response to an inquiry from Councilman Lacayo, the Secretary of the Planning Commission advised that the currently adopted Land Use Element did suggest low density for this area, as well as the Tanglewood area, so that technically this request is not in accordance with the adopted Land Use Element, but that the Land Use Element which the consultant has revised and is currently under study by the Planning Commission does suggest the new land use of medium density. In response to an inquiry from Councilman Kanode, the Secretary of the Planning Commission informed the Council that in an R-3 Zone there can be 29 units per acre as the maxi- mum allowable and that the acreage of this parcel is approximately three acres. Following discussion of possible land uses for this property, Mr. Augustine Garcia, 4902 Cathy Avenue, Cypress, owner of the property, addressed the Council speaking in favor of the zone change stating he felt this would be a compatible use for this property. Mr. Jack Leneker, 4504 Middlebury Circle, Cypress, spoke in favor of the zone change stating he thought perhaps this would generate interest in developing adjacent property for a walk-in restaurant. Mr. Frost, 7332 Florence, Downey, addressed the Council stating he was the original applicant and suggested that this zone change be denied and property annexed to the City of Cypress in order to have complete control of this development in the future, as a portion of this property was in the City of Los Alamitos. In reply to an inquiry from Councilman Roberrs, the Public Works Director advised that the entire useable area behind the property line is all within the City of Cypz~ss and that only the portion within the street that would be dedicated lies within the City of Los Alamitos. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Kanode to close the Public Rearing on this matter. The motion was unanimously carried by the following roll call vote: -4- City Council Minutes December 28, 1970 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Harvey and seconded by Councilman Kanode to read the Ordinance by title only. Councilman Roberrs stated he felt this motion was made without knowing all of the facts in connection with this zone change. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to continue this matter to the January 11, 1971 City CouncilMeeting in order for the Staff to obtain the exact boundary lines of this property, The City Attorney advised that any continuation of this matter would require the reopening of the Public Hearing. Based on the City Attorney's ruling, it was moved by Councilman Roberrs and seconded by Councilman Lacayo to reopen the Public Hearing on the subject zoRe change and further to continue the hearing until 3anuary 11, 1971 at 8:00 p.m. Following dis- cussion, during which the Public Works Director advised tha~ additional information could be obtained prior to the adjournment of this meeting~ Oouncilman Lacayo with- drew his second of the motion. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to continue this matter until later this evening in order to obtain further boundary information. Councilman Harvey stated he was opposed to continuing this matter again, Councilman Kanode stated he was opposed to the motion as now stated, but would not be opposed if it was continued to follow a certain item on the agenda or set for a certain time. The motion was amended to continue this matter until after Item No. 16 on the agenda. The motion was unanimously carried. PUBLIC HEARING RE: APPLICATION FOR A CONDITIONAL USE PEI~MIT KNOWN AS CONDITIONAL USE PERMIT NO. C-239: The Mayor announced this was the time and place for the Public Hearing to consider an application for a Conditional Use Permit to alloF the construction of four two-story apartments on property generally located at 5552 Orange Avenue, Cypress, initiated by Donald Spengler and known as Conditional Use Permit No. C-239. The Mayor declared the Public Hearing open and requested the Staff to present its report. The City Manager presented a report dated December 22, 1970, which indicated that the Affidavits of publication and posting of the Public Hearing notices on this matter are on file in the Office of the City Clerk and tha~ no comm~nications have been received in reference to this conditional use permit. The Secretary of the Planning Commission presented a report dated December 22, 1970, reviewing 18 recommendations placed on this conditional use permit application by the Planning Commission. Mr. Donald Spengler, 10666 Westminster Ave., Garden Grove, addressed the Council stat- ing that he was the applicant in this conditional use permit. Mr. Spengler requested that the City Council consider revising Condition No. 11 so that he would have the option to put up a cedar stake fence; not require scalloped curbing as is implied in Condition No. 13 as this would cause a financial hardship; and consider revising Condition No. 15 so ~hat the eyebrow treatment would be on the front and sides only. Following discussion on each of these items, there being no one else wishing to speak in regard to this application, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanode and seconded by Councilman Roberrs to approve Con- ditional Use Permit No. C-239 with the following conditions: 1. A business license shall be obtained. 2. All drainage fees shall be paid. 3. Drainage shall be solved to the satisfaction of the City Engineer. -5- City Council Minutes December 28, 1970 16. 17. 18. 19. RECESS$ 4. The applicant shall conform to the Fire Zone 2 requirements oftheBuilding Code. 5. All openings adjacent to and within 10' of the property lines shall be fire rated. 6. Roof ~overiag shat~.be fire retardant. 7. All cave solfits shall be plastered. 8. The driveway shall be repaved and resurfaced and all off-street parking areas shall be paved. ' 9. Exterior elewations shall conform to Exhibit A. Materials and plans shall be reviewed by the Planning Commission. 10. Detailed landscaping plans shall be reviewed and approved by the Planning Commission. Plans shall include landscaping along the easterly property line. 11. Block walls shall be erected on the east, west, and south property lines, type to be approved by the Secretary of the Planning Commission. 12. The trash area shall be provided, enclosed, and screened from public view. 13. Landscaping along Orange Avenue shall conform to the proposed Townscape Element of the Comprehensive General Plan. 14. The units shall be sound proofed as per FHA standards. 15. Restuccoing and retexturing and general upKrading of the existing three units With the addition of an eyebrow treatment and other architectural features to conform to the new structure shall be constructed subject to the approval of the Secretary of the Planning Commission. Architectural treatment shall be continued on the front and sides - to be coor- dinated with the Secretary of the Plannin~ Commission. Any mechanical equipment on the roof shall be screened from public view. The accessory garages shall be upgraded for reconstruction to conform to the proposed garages. A 6 ft. wide tree planting easement shall be provided adjacent to the north property line. Mayor Kanel declared a recess at 10:08 p.m. 10:20 with all Councilmen present. The meeting was called back to order at CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONSIDERATION OF AN APPLICATION FOR AN AMENDMENT TO THE ZONING ORDINANCE, KNOWN AS ZONE CHANGE NO. Z-189: The Mayor declared the Public Hearing reopened and requested the staff to present its additional information obtained regarding the boundary lines of the subject property. The Public Works Director presented a series of maps which showed in detail the location of the City of Cypress boundary in relation to the subJect property, and advised that a small triangular portion of the property which would be located in the street right-of-way was in the City of Los Alamitos. Both the City Manager and the Public Works Director advised that this problem could be resolved with the City of Los Alamitos. There being no one in the audience wishing to speak either in favor of or against the proposed zone change, the Mayor declared the Public Hearing closed. Discussion followed regarding possible future problems in regard to the development of the property. Councilman Harvey's motion to read by title only,'Which was still on the ~loor, carried by a unanimous vote. Title of the OrdinanCe is~as f611ows: -6- -96 City Council Minutes December 28, 1970 ORDINANCE NO o ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO o 90 BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (SINGLE- FAMILY RESIDENTIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-189~ It was moved by Councilman Harvey and seconded by Councilman Kenode to adopt the first reading of the Ordinance° Toe motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo and Kanel Roberts None CONTINUATION OF CONSIDERATION OF CYPRESS CHAMBER OF COERCE CONTRACT: The Mayor advised that this matter had been deferred earlier in the meeting so that the Public Hearings could be conducted and reviewed what had transpired in regard to this matter prior to Councilman Lacayo's arrival for his information. Mro Jack Leneker again addressed the Council requesting that this matter be deferred until a later time in order to go into the subject of the community business climate in depth° In response to an inquiry by Mayor Kanel of anyone objecting to such a delay, Mro Banick stated that the items that Mr~ Leneker had brought up were a matter of internal problems of the Chamber of Commerce and did not apply to the renewal of the Chamber's contract with the City of Cypress° It was moved by Councilman Roberts and seconded by Councilman Kanode to limit debate on this matter at this time. Following discussion, the motion failed to carry by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Lacayo, Roberts and Kanel Harvey and Kanode None Mr~ A1 Hyatt again addressed the Council restating his position in favor of the Chamber of Commerce contract renewal. Mro Richard Morris, 5396 Lincoln Avenue, Cypress, addressed the Council stating that Mr~ Leneker had been instrumental in helping the Chamber of Commerce, and that the Chamber needed the services of a full time manager unless some areas of effort were eliminatedo Mr~ Morris invited Mro Leneker to attend the next meeting of the Board of Directors of the Chamber of Commerce in order to make his views known, or to attend general membership meetings to discuss these items. In reply to an inquiry from Councilman Harvey, Mro Leneker presented his suggestions as an alternative to the proposal presented by the Chamber of Con~nerce, a copy of which is on file in the office of the City Clerk, which suggests that the contract be terminated. Following discussion of the suggestions presented by Mro Leneker, it was moved by Councilman Kanode and seconded by Councilman Lacayo to renew the contract with the Chamber of Commerce for the period of one year at the present rate of $1,O00/month from January 1, 1971 through December 31, 1971o Councilman Lacayo commented that the good will and public relations provided to the City of Cypress by the Chamber of Commerce far exceeded the financial amount allotted to them° Councilman Kanode stated he was not opposed zo a full time manager for the Chamber, but that it is a Chamber decision, and that if at a later date they return to present to the Council proper evidence in support of this, a modification in the contract could be considered at that time. Councilman Harvey stated for clarification of his position on the vote that several years past he had Joined the Chamber of Conunerce and offered nominal financial support to help in the development of the Chamber° He further stated that he had not attended a - 7- City Council Minutes December 28, 1970 general business meeting for at least 3 years or served on the Board of Directors or been involved in the internal affairs of the Chamber. In response to his inquiry, the City Attorney advised that there was no conflict involved on his voting on this issue. Mr. RiChard Morris, past President of the Chamber of Commerce again addressed the Council confirming that neither Councilman Harvey or any other Councilman had attermpted to influence specific activities of the Chamber at all. He further stated that the City Manager had been most helpful and most energetic in his efforts to promote business in the City of Cypress. Mr. Jack Laneker again addressed the Council stating he would be in favor of the renewal of the contract if Section 3 was deleted from its contents, which section reads, in part: City shall have the right to terminate this contract at the end of any calendar month without obligation to make any payment to the Chamber for the next calendar month, or any month thereafter, with notice to the Chamber mailed not less than ten days prior to the end of any calendar month Following discussion regarding the possible deletion of this section of the contract, Councilman Kanode and Councilman Lacayo agreed to amend their motion to renew the con- tract with the Chamber of Commerce for the period of one year at the present rate of $1,000/month from January 1, 1971 through December 31, 1971, deleting Section 3. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to consider Item No. 16 at this time followed by Items No. 9 and 13 out of order. CONSIDERATION OF PROBLEM OF PARKING TRUCKS OVERNIGHT RELATING TO ORDINANCE NO. 440: Coancilman Harvey stated he had brought this matter before the City Council in response to reports he had personally received of hardship on the part of truck owners not having a place to park their trucks overnight since the adoption of Ordinance No. 440 prohibiting truck parking on public streets between the hours of 2 a.m. and 6 a.m. The City Manager suggested that the Staff be requested to investigate the possibi- lity of obtaining suitable parking sites on private property within the City. Mr. Earl Washall, 5562 Myra, Cypress, addressed the Council expressing concern over the lack of facilities available if public streets cannot be utilized. He stated that there was a problem of vandalism when these heavy trucks were parked on vacant property overnight. Mr. Mack Vistra, 10464 Janis Lynn Circle, Cypress, addressed the Council advising he had made arrangements with the Grant Co. to use some of their vacant property on which to park his truck, but that he was advised by the City that the property was not zoned for this use. He expressed concern over harassment he had received from citizens in his area attempting vandalism on his truck. Mr. Jack Tatum, 4792 Marion Avenue, Cypress, addressed the Council suggesting that a truck stop be installed in the City. He stated that there was general agreement of the truckers in the Cypress area that a truck stop-type establishment could be used for the safety of their vehicles and also help them conform to the ordinances of the City. Discussion ensued regarding various locations and zoning in the City which might be utilized on a temporary basis. Councilman Harvey stated there appeared to be many ramifications to this problem and that he would be in favor of the Staff investigating this matter and contacting other cities who have similar ordinances to see what steps they may have taken to assist truckers in their cities. He - 8- City ~il Minutes December 28, 1970 further suggested that a moratorium be placed on the issuance of citations in regard to Ordinance No. 440 until this study could be conducted. It was moved by CoLmcilman Harvey and seconded by Co~mcilman Lacayo to have the Staff conduct a study relative to the problem and to find out what other cities are doing to assist, and further to hold any citations in abeyance on Ordinance No. 440 until the City Council makes a determination on this matter, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberts and Kanel None None In response to an inquiry from Mr. James Kubota, 4772 Marion Avenue, Cypress, the Police Chief advised that any truck over 80 inches in width could not park overnight on any street 40 feet or less in width, in the City of Cypress, whether loaded for a job or unloaded according to the ordinance. CONSIDERATION OF APPROVAL OF FINAL TRACT MA~ #6823: The City Manager reviewed a report dated December 21, 1970, which indicated that Tract #6823 is the final unit in Tentative Tract Map #6823 that was originally approved by the City Council on January 13, 1969, and subsequently extended to January 13, 1971. The report indicated that the final map agrees substantially with the Tentative Map and has been found technically correct by the Engineering Division, and that the street improvement plans have been approved, bonds posted and fees paid. The report further indicated that Condition #20, approval for Tentative Tract #6823 stated: "A Division of Land Map shall be filed prior to the Final Map," and that such map has been filed to record the acreage split. Following discussion, it was moved by Councilman Roberts and seconded by Councilman Kanode to approve Final Tract Map #6~23 and accept the bonds and agreements for public improvements in the amount of $91,600.00 which is not less than 50% nor more than 100% of the total improvements and to authorize the Mayor and the City Clerk to sign the agreements and authorize the City Clerk to sign the record map subject to approval of bonds and agreements by the City Attorney. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF REPORT ON WICKER DRIVE IMPROVEMENTS: The City Manager presented a report dated December 23, 1970 which indicated that the major portion of Wicker Drive located west of Walker Street, north of Orange, is a private street and that the City had obtained dedication of the most westerly portion of the street, although substantial portions of the dedicated area were not yet improved. The report indi- cated that po~tians of the existing road have asphaltic concrete pavement in poor condition and several areas without pavement of any type which results in poor drainage that can only be resolved by the installation of permanent improvements including curb, gutter, sidewalk and pavement. The report further indicated that upon the completion of these required improvements, the street would drain to the west and then north to the existing improvements in Watson Street, currently drained to the storm drain system, and that total costs for these improvements would be approximately $31,000 not including right-of-way acquisition, which would require the acquisition of one parcel. The report suggested that the project could be implemented through an assessment district with City participation assuming that the property owners are willing to dedicate the required right-of-way and finance a portion of the improvement costs. Following discussion, it was moved by Councilman Roberts and seconded by Councilman Lacayo to request the Staff to contact the property owners and outline the scope of the improvement project, including cost estimates, in reference to Wicker Drive improvements as outlined in the staff report to determine if there is interest in this program. City Council ~nutes December 28, 1970 ~I~ne motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Roberts, seconded by Councilman Kanode and unanimously c~rried to take Item Noo 8 at this time, followed by Item No. 11. CONSIDERATION OF APPROVAL OF FINAL TRACT MAP #6559: The City Manager presented a report dated December 21, 1970 which indicated that the final tract map agrees substantially with the tentative map and has been found to be technically correct by the Engineering Division~ The report further indicated that the developer has posted bonds for the improvements fronting this parcel and that the City is negoti~ ating with the property owner for the right-of-way~ It indicated that a recommendation will be made for final settlement of optional design fees upon the completion of public improvements and after the developer has submitted verified costs of improve- ments on Moody Street frontage fronting AP #19-244-064o15~ In response to an inquiry from Councilman Roberrs, the Public Works Director advised that the corrections required in ;ondition Noo 2 were technical corrections on the improvement plans and that the plans were checked by the City Engineering Subdivi- sion Section. It was moved by Councilman Roberts and seconded by Councilman Kenode to approve Final Tract Map #6559 and accept the bonds and agreements for public tmpTovements in the amount of $68,500.00 which is not less than 50% nor more than 100% of the total improvements and to authorize the Mayor and the City Clerk to sign the agree- ments and authorize the City Clerk to sign the record map upon completion of the following conditions: 1o Approval of bonds and agreements by the City Attorney. Completion of corrections required on improvement plans. Agreement by the developer to the above conditions. CONSIDERATION OF CIVIL DEFENSE PLAN: The City Manager presented a report dated December 22, 1970, which stated that the State Office of Emergency Services had requested that the City of Cypress formally adopt a Civil Defense Plan prior to the end of the current calendar year and that the City Staff had worked closely with State and County Civil Defense agencies to develop such a plano The report stated that the plan closely follows a model plan recommended by the County Office of Civil Defense and meets State criteria to ensure eligibility for certain federally funded programs and that the plan had been reviewed and approved by these agencies. The report further stated that the proposed plan outlines the organization and establishes responsibility for civil defense functions to be undertaken by the City, An official copy of this proposal is on file in the office of the City Clerk. The City Manager stated that it is anticipated that this plan will be revised from time to time to reflect changes in the City's resources~ capability and organization, as well as inputs from the State and County in the form of legislation and guidelines. It was moved by Councilman Harvey and seconded by Councilman Kanode that the City Council adopt by minute order the proposed Civil Defense Plano The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None MINUTES: It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to approve the Minutes of December 14, 1970, as presented. EXECUTIVE SESSION: It was moved by Mayor Kanel, seconded by Councilman Kenode and unanimously carried to go into an Executive Session at 12:50 a.mo to discuss a matter of personnel in ~ 10 - CiI~y Council Minutes December 28, 1970 regard to the schedule of salaries for the City employees and also a litigation matter° The meeting was called back to order at 1:50 a~m. with all Councilmen present° It was moved by Councilman Kenode, and seconded by Councilman Harvey to adopt a resolution, by title only, establishing a basic compensation plan for City employees, which provides a 7½% increase for police officers, with the exception of captains and a 5% increase for general City employees other than the division heads and department heads, title as follows: RESOLUTION NOo 1135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A BASIC COMPENSATION PLAN, ESTABLISHING SALARIES FOR CITY EMPLOYEES PLACED UNDER THE BASIC COMPENSATION PLAN, AND ESTABLISHING SALARIES FOR CITY EMPLOYEES NOT PLACED UNDER THE BASIC COMPENSATION PLAN° Councilman Roberrs stated for the record that with the present condition of the economy that he could not support a salary increase of this magnitude. Mayor Kanel stated for the record that he felt this was a fair and equitable consideration to employees who contribute such outstanding service to the City of Cypress and its citizenso The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanode, Lacayo and Kanel NOES: 1 COUNCILMEN: Roberrs ABSENT: 0 COUNCILMEN: None It was moved by Councilman Kenode and seconded by Councilman Harvey to adopt the following resolution, by title only, title as follows: RESOLUTION N0o 1136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION N0o 703, RULE XI, SECTIONS 5 & 6, CONCERNING METHOD OF COMPUTATION OF VACATION FOR EMPLOYEES OF THE CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None It was moved by Councilman Kenode and seconded by Councilman Harvey to adopt the following resolution, by title only, title as follows: RESOLUTION N0. 1137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO, 703, RULE XI, SECTION 21, CON- CERNING 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~ 5 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None - 11 - City Council Minutes December 28, 1970 ADJ 0URNMENT: It was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously carried to adjourn at 1:57 a.m. ATTEST: CITY CtEv/{~ 6F T~ CITY elf CYPRESS MAyOR:T~:~YO~F~RESS - 12 -