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HomeMy WebLinkAboutMinutes 71-01-11MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 11, 1971 The regular meeting of the Cypress City Council was called to order at 4:06 p.m., on Monday, January 11, 1971, in the City Council Chand)ers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Kanode, Laceyo, Roberrs and Kanel A~SENT: Councilman Harvey Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson and the following members of the City Staff: Poertner, Dunlap, Hernandez, Schatzeder, Nudson and Grissom. MINUTES: It was the general opinion of the City Council to consider the Minutes of the adjourned regular meeting of December 21, 1970, during the evening session of the City Council when all Councilmen are present. The Mayor announced that a joint meeting with the Cypress Planning Commission had been scheduled for the afternoon session of the City Council meeting. Planning Commission Chairman Robert Cardoze called the meeting of the Planning Comuission to order at 4:07 p.m., with the following in attendance: PRESENT: Comissioners Ricker, SonJu, Warren, Evans and Cardoza ABSENT: None Chairmjmn Cardora stated that the Planning Commission would defer to councilmatic procedures at this time. ADJOURNMENT: It was n~ved by Councilman Kenode, seconded by Councilman Roberrs and unanimously carried to adjourn to the Employee's Lounge at 4:08 p.m. It was moved by Commissioner Evans, seconded by Commissioner Warren and unanimously carried to adjourn to the Employee's Lounge at 4:09 p.m. CALL TO ORDER: The meeting was called to order at 4:15 p.m., in the Employee's Lounge, 5275 Orange Avenue, Cypress, California, with Mayor John Kanel presiding. PRESENT: Comcilmen Kenode, Lacayo, Roberrs and Kanel ABSENT: Councilman Harvey The meeting of the Cypress Planning Commission was called to order at 4:16 p.m., in the Employee's Lounge, 5275 Orange Avenue, Cypress, California, with Chairman Cardoze presiding. PRESENT: Commissioners l~tcker, SonJu, Warren, Evans and Cardoza ABSENT: None City Council Minutes January 11, 1971 The City Manager explained that the purpose of the joint meeting was for the City Council to determine whether or not certain priorities as set forth by the Planning Commission, relative to various studies which have been requested by the City Council, would be consistent with City Council priorities. The Secretary of the Planning Commission then reviewed in detail, the priorities as suggested by the Planning Commission, which include the following: Procedures and Exhibits; Apartment study; Goals survey; General Plan; and a review of the Zoning Ordinance. Discussion ensued whereby each Councilman presented his viewpoints relative to the various priorities and what each would encompass, following which, it was the consensus of the City Council to concur with the list of Planning Commission study priorities as presented. A date in which to hold the Public Hearing regarding the Townscape Element of the General Plan was discussed, and it was the decision of the City Council to hold this Hearing on February 1, 1971 at 7:30 p.m. RECESS: Following discussion, it was moved by Mayor Kanel, seconded by Councilman Roberts and unanimously carried to recess at 5:50 p .m. until 7:30 p .m. ADJOURNMENT: It was moved by Commissioner SonJu, seconded by Commissioner Evans and unanimously carried to adjourn the meeting of the Planning Commission at 5:51 p.m. to January 14, 1971 at 7:30 p.m. CALL TO ORDER: The meeting was called back to order at 7:38 p.m., in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Cotmcilmen Kenode, Lacayo, Roberts and Kanel ABSENT: Councilman Harvey Also present were the City Manager/City Clerk Dartell Essex, the Assistant City Attorney Leonard Hampel, and the following members of the City Staff: Poertner, Dunlap, Schatzeder, Savord, Hernandez, Nudson and Grissom. PLEDGE OF ALLEGIANCE: Boy Scout Troop No. 681 led the City Council and audience in the Pledge of Allegiance. PRESENTATION OF AWARDS T~o ~WINNERS .0F THE qYP..R~,~S CULTU_RAL AI~_TS ]JURY iSI~OW: At the request of Mayor Kanel, Mrs. Shirley Blackburn, President of the Cypress Cultural Arts Association, came forward and announced the winners of the Cypress Cultural Arts Jury Show, which was recently held at the Cypress Civic Center. Mayor Kanel then presented awards to the first and second place winners. Mrs. Leo Baroldi, past President of the Cypress Cultural Arts Association, came forward and introduced the winner of the third place award, Mrs. Shirley Blackburn. Awards were also presented to the two persons receiving "Honorable Mention." PRESENTATION OF AWARDS TO WINNERS OF HOME DECORATING CONTEST OF THE CYPRESS WOMAN'S CLUB: Mrs.' Harriet Coyne, representing the CypreSS '~6man's Club, announced the names of the winners of the various categories in the Christmas Home Decorating Contest for 1971, which was sponsored by the Womun's Club. Mayor Kanel presented the winners with awards, following which, Mr, Allan Banick, President of the Cypress Chamber of Commerce, conmented on the outstanding displays throughout the community, end urged more citizens to enter the contest when it is held next year, -2 - City Council Minutes January 11, 1971 ORAL COMM1/NICATIONS: Mr. Raymond Chasse, 6825 Leilani Lane, Cypress, presented the Council with a petition requesting that Mr. Pete Hettinga and his dairy operation be allowed to remain at its present location, It was moved by Councilman Lacayo, seconded by Councilmen Kanode and unanimously carried to place this item on the agenda at this time. Mr, Chasse stated that he resided in Mr, Hettinga's neighborhood, and that he had secured over 150 signatures protesting the enforcement of a zoning ordinance requirement which would prohibit a continuation of dairy operations on the property. Mr. Joseph Wo Smith, 11643 Halawa Lane, Cypress, addressed the council stating that the enforcement of the zoning ordinance which would move Mro Hettinga's dairy operation out of the City, is contrary to his personal feeling and the reason that he purchased a home in the City of Cypress. Mr. Smith stressed the fact that the farmwas of great educational value to children in the neighborhood, and then urged the City Council to allow the use to continue. Mr~ Tom Bolden, 6787 Leilani Lane, Cypress, commented on how well Mr, Hettinga's farm is maintained, and stated that it has been an ir~ortant part of the community. Mro Dick Turner, 16625 Luau Lane, Cypress, stated that in conjunction with a program entitled SOAR (Save Our A~uerican Resources), which was initiated by the Boy Scouts of An~rica, his Cub Scout Pack would be doing whatever they could to save Mrl. Hettinga's dairy. In answer to an inquiry from Mayor Kanel, the City Manager stated that ten years ago this April, the City Council adopted a zoning ordinance which rezoned that particular property, along with a number of other properties within the City, to a zone other than agricultural, and that in accordance with the zoning ordinance, the use on the property which has been non-conforming during the ten year period is due to expire this April. The City Manager further stated the Council did indicate in a policy statement, that when the area was considered for a subdivision development, the Staff would work with the developer of that property in an attempt to save the zoo area as a park and recreation facility. At the request of Councilman Roberrs, the Assistant City Attorney reviewed the animals which would be permitted under the existing Residential zone, and stated that the dairy operation would not be a permitted use in a Planned Development zone. Councilma~ Kanode indicated that the final results of whether or not Mr. Herrings will be required to cease his operation next Spring will be a legal question. He further indicated that he found it delightful that the neighbors were supporting the farmer, 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 metion approving the Recommendation on the Administrative Report concerning the matter. He further advised that any item listed under the Consent Calendar could Be removed at the request of a Councilman. It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to approve Items No, 3 through 13 on the Consent Calendar, Item No. 3: Orange County Mosquito Abatement District Minutes of November 19, 1970 and December 17, 1970. Recommendation: Receive and file. -3- Cloy Council Minutes January 11, 1971 Item No~ 4: Reports of the Orange County Grand Jury and Contract Auditors for the Grand Jury for the Year 1970. Recon~nendation: Receive and file. Item No. 5: Culver City Resolution requesting investigation of the municipal liability insurance coverage, Recommendation: That the City Manager be requested to notify the Culver City Council that the City of Cypress is in general agreement with the proposed study. Item No~ 6: Garden Grove Resolution ~equesting direct aerial route from Orange County Airport to Sacramento. Recommendation: Receive and file. Item No~ 7: City Council of Garden Grove Resolution requesting use of a portion of the Nike Base as a mini-bike park. Recommendation: That the City Council request the City Manager to direct a communi- cation to Congressman Hanna to investigate the possibility of using the Nike Base as a mini-bike park with the condition that the park not be located adjacent to the residential areas in the City of Cypress. Item No. 8: City Council of San Clemente Resolution requesting legislation regulating the storage of dangerous drugs and narcotics. R~commendation: That the City Council authorize the City Manager to request the appropriate State anH Federal legislators to consider legislation regulating maintenance and storage of dangerous drugs and narcotics. Item No~ 9: Notification of Public Utilities Commission Hearing on Procedures of Interstate Bus Carriers. Recommendation: Receive and files Item No~ I0: Request from the State Department of Public Works to implement yellow center lines on two-lane, two-way reads. Recommendation: Receive and file. Item No. 11: Certification of employment list for General Services Clerk. Recoumendation: That the City Council certify =he employment list for General Services Clerk as submitted. Item No. 12: Application for On-Sale Beer and Wine License, Pizza Hut, 6471 Bail Road, Cypress° Recommendation: That the City Council receive and file this notification. Item No. 13: Application for an 0n-Sale General Duplicate License, Los Alamitos Men's Club, 4961 East Katella Avenue, Cypress. Recommendation: That the City Council receive and file this notification. COI~qUNICATION FROM THE SOUTHERN CALIFORNIA EDISON C0. ADVISING OF .THE q!Ty.'S ALLOCATION FOR CONVERSION FROM OVEPaEAD TO UNDERGROUND ELECTRICAL FACILITIES: The City Manager reviewed a report dated Jsnuery 7, 1971, which indicated that the City has received a communication dated December 14, 1970 from Mr. D. L. Milligan, 4 City Council Minutes January 11, 1971 Manager of the Cypress-Los Alamitos District of the Southern California Edison Company advising that the City of Cypress' allocation for conversion of overhead to underground electrical facilities for 1971 is $25,386. The report advised that due to the high costof underground conversion, the City would be required to request a four year accumulation of funds in order to consider an additional undergrounding project, end that, in past action, the City Council has appointed a committee for the purpose of determining whether or not en undergrounding conversion project would be feasible utilizing a four year accumulation of allocations for undergrounding conversion. It was moved by Councilman Kanode, seconded by Councilmsm Lacayo and unanimously carried to authorize the City Manager to call for a meeting of the Undergrounding Con~nittee, as outlined in the report, to review an undergrounding project, end to submit a recommendation to the City Council on this item. COI~{UNICATION FROM STATE PUBLIC UTILITIES COMM~.~ON REGARDING THE FILING OF AN APPLICATION FOR RATE INCREASE BY THE SOU~kERN CALIF. G~ 'C0~PANY~ The City Menager reviewed a report dated January 7, 1971 which indicated ~he City has received notification from the State Public Utilities Cormn4ssion that enapplication for an increase in rates has been filed by the Southern California Gas Company. Councilman Lacayo expressed concern regarding the lack of information which is supplied relative to utility rate increases and stated that it would appear that en item of this nature is purely for informational purposes end that there is very little that one can do concerning it. It was moved by Councilman Lacayo, seconded by Councilman Kenode and unanimously carried to receive end file this notification. COMqUNICATION FROM THE CITY OF LOS ALAM~..7OS TRANS. M.I. TTIN. q, .RESOLUTION LEE: LOS ALAMITOS NAVAL AIR STATION: The City Manager presented a report dated Jenuary 7, 1971 which stated the City has received a copy of a Resolution of the City Council of the City of Los Alamitos opposing a conceptual plan for 2600 naval housing units at the Los Alamitos Naval Air Station. The report further stated that Mayor Kanel also received a conmunication from the City of Los Alamitos indicating that Mayor Brown of Los Alamitos intends to appoint a task force to analyze the Navy's proposal and requests that the City appoint a representative to this task force connittee. It was moved by Councilman Kanode, seconded by Councilman Roberrs end unanimously carried to receive and file the Resolution of the City of Los Alamitos as outlined in the report, end to appoint the Mayor to serve on the special task force proposed to be appointed by the City of Los Alamitos on this subject. At the suggestion of Councilman Roberrs, Mayor Kanel reviewed the highlights contained in the Resolution of Los Alamitos, for the benefit of those in the audience. In response to an inquiry from Councilman Roberts, the Assistant City Attorney indicated that it would not be possible to tax the Naval facility for taxing districts, assuming the federally owned property is put to federal use; however, there could be private leases from the federal government creating a possessory interest in the property. The City Manager indicated that there are rebates which come from the federal government in certain instences, for example, schools receive a rebate when artended by a military dependent. COI{qUNICATION FROM THE CITY OF NEWPORT BEACH TRANSMITTING RESOLUTION EXPRESSING CONCERN OVER TREATMENT OF AMERICAN PRISONERS MELD BY N~R~"ViETNA~E~E:" 'The City Manager presented a report dated January 7, 1971 which ~a~ted the City has received a copy of a Resolution, adopted by the City Council of the City of Newport Beach, expressing its concern over the inhumane treatment given to American prisoners of war held by the government of North Vietnam, and urging the citizens of Newport Beach to request the government of North Vietnam to comply with civilized standards -5 - City Council Minutes January 11, 1971 for treatment of American prisoners of war, as expressed in the Geneva conventions. The report continued, that the City Council has previously taken action to direct personal letters from individual Councilman to the appropriate North Vietnamese officials regarding the release of American prisoners from this area, and that it would appea= appropriate to include the expression regarding the treatment of American prisoners as outlined in the Resolution from Newport Beach. It was moved by Councilman Kanode, seconded by Councilman Lacayo and unanimously carried to incorporate the concern over the treatment of Amercian prisoners in North Viethem as a part of the Council's individual communications which will be transmitted to the North Vietnamese officials requesting release of American prisoners from the Cypress area~ COMMUNICATION FROM SEAL BEACH TRAN.S~ITT!NG RESOLUTION ADVOCATING THE ESTABLISHMENT OF ENVIRONMEN{AL q'U~TY EONTROL BOARDS: The City Manager presented a ~eport dated January 7,' 19~1 which stated the City has received a communication dated December 23, 1970 from Mayor Morton A. Baum of Seal Beach, transmitting a Resolution advocating uhe establishment of Environmental Quality Control Boards in all cities within Los Angeles and Orange Counties; and a copy of an Ordinance of the City of Seal Beach establishing an appointive Environmental Quality Control Board in Seal Beach. It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to authorize the City Manager to direct a conmaunication to the Executive Director of the Southern California Association of Governments, suggesting that a special committee of that organization be appointed to concern itself with the subject matter of environmental quality control; and to further direct the City Staff to communicate with the City of Seal Beach in order to obtain information regarding the basis for their decision to adopt an Ordinance relative to this matter. COMMUNICATION FROM THE CYPRESS RECREATION AND PARE DIS~CT I~qUES~IN.G..RECO.MMENDED NAMES FOR CITY PARKS: The City Manager reviewed a report dated January 7, 1971 ~ich stated the City has received a communication dated December 28, 1970 from Mr. Charles Bryant, Director of the Cypress Recreation and Park District, requesting the City Council to select the names of several park areas of the City which at the present time remain unnamed. The report advised that as indicated in the communication, the City Council has established a policy to name the City parks after the common name of trees, which was recommended by a citizen committee in 1966. It was the general opinion of the City Council that this item should be considered along with Item No. 35 on the agenda, which is the consideration of the proposed establishment of a Recreation and Parks Commission. COMMUNICATION FROM THE SOUTHERN CALIF. WATER COMPANY RE: APPLICATION FOR A RATE INCREASE: The City Manager presented a report' dated Jand~y'~j'i9'ii'w~i~h' inh'icated the City has received notification from the Southern California Water Company that on December 22, 1970 an application was filed with the California Public Utilities Commission to increase water rates in the Orange County district, It was moved by Councilman Kenode, seconded by Councilman Roberrs and unanimously carried to receive and file this notification. COI~4UNICATION FROM THE CITY OF WESTMINSTER TRANSMITTING RE.~OLU~.ION URGING THE ORANGE COUNTY BOARD OF .S.UPE~VISORS TO FOLLOW THE GRAND JURY'S RECOMMENDATIbNS ON ~E dRANGE COUNTY SHERIFF'S OFFICE: The City Manager presen~a'a report dated January 7', 1971 which stated the City has received a communication dated December 28, 1970 from the City of Westminster, transmitting a copy of a Resolution urging the Orange County Board of Supervisors to follow the recommendations of the 1970 Orange County Grand Jury Report on the Orange County Sheriff's Office. The report indicated that basically, the reconanendations are to conduct a county-wide study of cooperative helicopter service; and to undertake a program to phase out the services of the Marshall's Office, assigning these responsibilities to the County Sheriff. -6 - City Council Minutes January 11, 1971 Following discussion, it was moved by Councilman Lacayo, seconded by Councilman Kenode and unanimously carried to request the City Manager to notify the Orange County Board of Supervisors that the City Council would support the county-wide study on cooperative helicopter service for law enforcementpurposes; and~ further to direct the Staff to obtain more information on the consolidation of the Marshall's Office with the Sheriff's Office. COM~FONICATION FROM THE CYPRESS RECREATION AND PARK DISTRICT REQUESTING A SALARY AND CLAS'SIFICATION STUDY: The City Manager presented a report dated January 7, 1971 which indicated 'the City has received a co~Enunication dated January 7, 1971 from Mr. Charles E. Bryant, Director of the Cypress Recreation and Park District, requesting the City Council to authorize the City Manager's office to conduct a salary and classification study for the employees of the Cypress Recreation and Park District to be effective June 25, 1971~ The report advised that the request ie based on the fact that the District employees* classifications and salaries will not be reviewed by Orange County, since the District will become a subsidiary to the City effective July 1, 1971o The report continued, that although it appears that there may be a legal problem in implementing any salary or classification study made by the City prior to 3uly let, it would appear to be in the best interests of the City Council as the governing body of the District effective July 1, 1971, and for the employees of the District, to conduct this study prior to the beginning of the fiscal year. It was moved by Councilman Kenode and seconded by Mayor Fanel to authorize the City Manager and Staff to conduct a salary and classification study for the employees of the Cypress Recreation and Park District, as requested in the co~muunication. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: K~mode, Robarts and Kanel NOES: 1 COUNCILMEN: Lacayo ABSENT: 1 COUNCILMEN: Harvey Councilm~n Lacayo indicated that he did not vote in fa'vor of the motion, as he felt that it was premature until such time as the City Council becomes the governing body of the Recreation and Park District. RECESS: At the request of Councilman Roberrs, Mayor Kanel declared a recess at 9:10 p.m. The meeting was called back to order at 9:22 p.m., with the following Councilmen present: PRESENT: COuncilmen Kenode, Lacayo, Robarts and Kanel ABSENT: Councilman Harvey CONTINUATION OF CONSIDERATION OF NOTIFICATION~O~.A~?~CATION FOR RATE INCREASE BY THE SOFrHEEN CALIFORNIA EDISON COMPANy: The City Manager reviewed a report dated January 7, 1971 which indicated that the City Council was provided with the requested additional information on this application at the December 28, 1970 meeting of the City Council, and the only additional information available at this time is a notification that the hearing on this matter has been scheduled for Tuesday, January 19, 1971, at 10:00 a.m., in the Commission Court Room in Los Angeles, California. It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to receive and file this notification° CONTINUATION OF CONSIDERATION OF SUPPORT FOR THE ESTABLI. S. HMEN~ 0F' T~.E. ORANGE COUNTY HUMAN RELATIONS COMMISSION: The City Manager presented a report dated January 7, 1971 which ind~cated that the City Council, at its meeting of December -7- 8 City Council Minutes January 11, 1971 28, 1970, received copies of the requested additional information, and that no additional information is available at this time. Mayor Kanel indicated that he would be attending the Orange County League of California Cities meeting on Thursday, january 14, 1971, at which time the proposed Orange County Human Relations Connnission will be considered. In response to an inquiry from Councilman Kanode as to whether or not Mayor Kanel had formed an opinion relative to this issue, Mayor Fanel indicated that he would like to know the City Coancil's feelings on this matter, and that he personally felt that such a commission could have benefits; however, there were certain problem areas. Mro Jim Warnemuende, 9172 Julie Beth Street, Cypress, addressed the City Council stating that he was representing the Mt~ Calvary Lutheran Church in Cypress, and was strongly in favor of the proposed Orange County Human Relations Commission. Reverend Dale Wo Hulfgren, 5680 Pine Court, Cypress, addressed the Council stating that ma~y human relations problenm exist and that Cypress is not immune from these problems° Reverend Hulfgren stated that he would urge the support of such a commission, providing that it has purpose. Councilman Kanode indicated that he would be inclined to not give any direction specifically, as there may be problems involved; but rather, to leave the matter to the discretion of the Mayor. Councilmm~ Lacayo then read the five goals of the proposed commission, stating that he was in favor of the goals, to which his fellow Councilmen agreed. Councilmen Roberrs expressed concern that should the Orange County League of Cities not take a strong position in this issue, a regional government may be created at the State level, which would mean that the cities could lose the opportunity to have a commission which would be composed of elected representatives. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to request the Mayor, or a representative, to convey the City's strong support of the proposed Orange County Human Relations Conmission. Discussion was held regarding a section of the Statement of Goals and Organization of the Orange County Human Relations Commission, working draft copy, which stated that the County Hearing Officer, by a two-thirds vote of the entire commission, may be requested to call a formal hearing and use the power of subpoena to require witnesses to appear. Councilmen Kanode indicated uhat it was because of this particular item, that he will be voting in opposition to the motion. The motion carried by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 1 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Lacayo and Roberrs Kanode Harvey Kanel CONTINUATION OF CONSIDERATION OF APPROVAL OF FINAL TRACT MAP #6559: The City Manager stated that the City Council, at its regular meeting o~ Deterabet 28, 1971, approved the final tract map for tract 6559; however, the City Coancil is requested to consider approving the final plot plan, with elevations at this time. The City Manager further indicated that the Secretary to the Planning Commission has indicated that the submitted plot plan is in accordance with the conditions of approval. It was moved by Councilman Kanode and seconded by Councilman Roberrs to approve the plot plan, with elevations, for tract 6559 as submitted, -8- City Council Minutes January 11, 1971 In response to an inquiry from Councilman Roberts, the Secretary to the Planning Corm-nission stated that this was the plot plan in which the Planning Commission requested a reversal of two models, which has been accomplished and is shown on the plot plan. In answer to a further inquiry by Councilman Roberts, the City Manager indicated that all of the conditions of approval have been complied with. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanode, Lacayo, Roberts and Kanel None Harvey CONTINUATION OF CONSIDERATION OF HOLIDAY SCHEDULE TO BE OBSERVED BY THE CITY OF CYPRESS: The City Manager reviewed a report dated January 7, 1971 which indicated that this item had been continued from the December 28, 1970 meeting of the City Council. It was moved by Councilman Lacayo and seconded by Councilman Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 703 REGARDING HOLIDAYS FOR CITY OFFICIALS AND EMPLOYEES. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanode, Lacayo, Roberrs and Kanel None Harvey CONTINUATION OF CONSIDERATION OF REQUIREMENT TO LANDSCAPE RAILROAD RIGHTS-OF-WAY: The City Manager presented a report dated January 7, 1971 which indicated the League of California Cities, through the Community Development Committee, has under- taken a detailed study of a proposal under consideration by the State Public Utilities Commission, to require railroads to landscape their rights-of-way in urban areas; and, further, has requested opinions from all cities on this issue, to be submitted no later than January 15, 1971. The report stated that the Staff has reviewed this matter and generally concurs with the proposal; however, feels the requirement to landscape railroad rights-of-way should be closely coordinated with an overall landscape plan for the community. The report advised that the Staff would recommend support of the railroad rights-of-way landscape proposal with the condition that the requirement be imposed only in urban areas which have adopted a General Plan for landscaping of the entire community, including railroad rights-of-way, with the implementation to be coordinated with adjacent property development. It was moved by Councilman Lacayo, seconded by Councilman Kenode and unanimously carried to request the City Manager to direct a communication to the League of California Cities Community Development Committee outlining the recoramendations on the proposed lands cape railroad rights-of-way as proposed in the report. CONTINUATION OF CONSIDERATION OF NOTIFICATION OF ALCOHOLIC BEVERAGE CONTROL OF AN ON-SALE BEER LICENSE TRANSFER -- 4612 LINCOLN AVE.: The City Manager presented a report which indicated the City has received notification from the Alcoholic Beverage Control Board that an application has been made to transfer an on-sale beer license from Barbara J. and Marvin W. Webster to Arthur and Linnea Burch, at 4612 Lincoln Avenue. The report further indicated that the location was previously the business location of the VIP Beer Bar, which has not been in - 9 - 10 City Council Minutes January 11, 1971 operation during the past few months. The report advised that the structure in which the applicant wishes to utilize the on-sale beer license is non-conforming and does not adhere to the building code requirements for a building in fire zone 2, and that required repairs would involve an expenditure in excess of 50% of the value of the building. Also, the property is zoned HC (Highway Commercial), which does not permit beer bars; therefore, the use itself would also be classified as non-conforming. It was moved by Councilman Kanode and seconded by Councilman Lacayo to authorize the City Manager to notify the Alcoholic Beverage Control Board of the building --~ and zoning requirements at 4612 Lincoln Avenue, as outlined in the report. The motion was unanimously carried by the following roll call vote: ~ AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanode, Lacayo, Roberrs and Kanel None Harvey CONSIDERATION OF MUNICIPAL STREET SWEEPING PROGRAM: The City Manager presented a report dated January 5, 1971 from the Public Works Director, which indicated that specifications have been prepared by the Public Works Department for obtaining bids for street sweeping service as directed by the City Council. The report stated that it is intended to award the initial contract for a period of one year for sweeping on a bi-weekly basis, with the City to have the option of increasing the frequency to weekly sweeping upon thirty day notice to the contractor. Upon the request of Councilman Roberts, the Public Works Director provided each Councilman with a report which outlined the specifications. It was moved by Councilman Lacayo and seconded by Councilman Kanode to approve the specifications for municipal street sweeping and to authorize the City Clerk to advertise for bids, with the bids to be received at 10:00 a.m. on February 1, 1971, in the office of the City Clerk. In response to an inquiry from Councilman Roberts, the Public Works Director stated that the term of contract can be extended by mutual consent for one year periods, and that if it should be the intention of either party not to renew the contract, then notice shall be given not less than thirty days in advance of the contract expiration date. In answer to a question from Councilman Lacayo, the Public Works Director indicated that some cities have a five year street sweeping contract; however, he felt that a one year contract would encourage the successful bidder to provide a higher level of service. In response to a statement by Councilman Roberts concerning the cancellation of the contract, which is automatically renewed if not notified of a cancellation prior to 30 days of the renewal date, Councilman Kanode indicated that he felt that it would be appropriate, at the time the City Council approves the contract, to approve it subject to review by the City Council 60 days prior to its termi- nation. General agreement was expressed by the City Council concerning Councilman Kanode's statement. Following discussion, the motion was unanimously carried. CONSIDERATION OF CLOSURE OF GRAHAM STREET BETWEEN ORANGE AVENUE AND BALL ROAD~ PROJECT #7055-10-0000: The City Manager presented a report dated January 5, 1971 from the Public Works Director which stated that the builder of two apartment buildings is about to begin work on the required street improvements on the west side of Graham Street between Orange Avenue and Ball Road. The report further stated that the depth of cut and the width of road make this type of construction very difficult, and the contractor has requested permission to close a portion of Graham Street during the construction period of approximately one month. The report advised that closure of the portion under construction will eliminate a severe traffic hazard, and, further, that access to the park site and homes will be maintained. At the request of the City Manager, the Public Works Director pointed to the subject location on a drawing and explained the nature of the street improvements. In answer to an inquiry from Councilman Lacayo, the Public Works Director indicated that the street would have to be closed because of its narrow width. - 10 - City Council Minutes January 11, 1971 In response to an inquiry from Councilman RoberUe, the Public Works Director indicated that Graham Street was not being widened to its ultimate along the entire area due to lack of funds. Following discussion, it was moved by Councilman [,anode and seconded by Councilman Lacayo to authorize the closure of Graham Street from north of the Oak Knoll Park entrance to a point 400+ feet south of Orange Avenue for a period of thirty days, commencing January 18, Y971, and that the Contractor shall sign and post the detour as required by the City Engineer, including notice three days in advance of closure. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, RoberUe and Kanel None Harvey CONSIDERATION OF "NO PARKING" AREAS ON ORANGE AVENUE: The City Manager presented a report dated 3anuary 7, 1971 which 'i'ndicated that at its meeting of December 18, 1970, the Advisory Traffic Committee considered and voted to reco~nend to the City Council the establishment of certain 'No parking" areas on Orange Avenue. The report advised that the Engineering Division reported that parking would need to be prohibited at a number of locations along Orange Avenue to accommodate the desired number of through lanes and/or left turn pockets following completion of the Orange Avenue improvement project, At the request of the City Manager, the Public Works Director pointed to the recommended 'No parking" areas on a map and answered various inquiries of the Coloncil relative to this item. He stated that parking would be permitted on the north side of Orange Avenue. It was moved by Councilman Kenode and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING NO PARKING AREAS. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kenode, Laca~o, Roberrs and Kanel None Harvey CONSIDERATION OF A RESOLUTION ESTABLISHING LABOR RATES IN THE CITY OF CYPRESS: The City Manager presented a report dated January 7, 19~1 ~hi~h indic~t'e'd that in accordance with the Labor Code of the State of California, the City Council is required to ascertain and determine the general prevailing rate of per diem wages in the City of Cypress. The report advised that the Government Code Section 1773 authorizes the City Council, in lieu of specifying the prevailing rate of per diem wages in the call for bids, to refer to copies thereof on file in the City Hall, and that this procedure, which became effective July 1, 1969, requires the annual publication of the prevailing rate of per diem wages for the City of Cypress in a newspaper of general circulation. The report stated that at its regular meeting of January 12, 1970, the City Council adopted Resolution No. 1039, determining the general prevailing rate of wages for public works projects in the City; however, that Resolution is now out-dated due to the adoption of new labor rates for Orange County. - 11 - City Council Minutes January 11, 1971 It was moved by Councilman Lacayo and seconded by Councilman Kanode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ASCERTAINING AND DETERMINING GENERAL PREVAILING RATES OF PER DIEM WAGES. The motion was unanimously carried by the following toll call vote: AYE S: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None Harvey CONSIDERATION OF RETAINING CONSULTANT AND REQUEST FOR APPROPRIATION--LAW E~Fq. RqE.ME~.T GRXNT: The City Manager presented a report dated January 7, 1971 which indicated that the City Council at its regular meeting of November 9, 1970, adopted a Resolu- tion approving the application for a law enforcement grant to develop an administrative manual and specifying availability of matching funds. The report further indicated that the Police Chief has secured a proposal by Arthur Young and Company to develop the police policy and procedure manual, which is the subject of the action grant approved and funded by the California Council on Criminal Justice in accordance with the pro~rleions of the Omnibus Crime Bill. The report outlined the experience which Arthur Young and Company has had in the criminal justice information systems field, and stated that both the City Manager and Police Chief concur that Arthur Young and Company is highly qualified to perform the required work. The report advised that the specific proposal by Arthur Young and Company is in the amount of $8,000, and allows a balance of $1,000 of the federal grant to be applied to expenses incurred by the editorial review panel. The City of Cypress will make an in-kind contribution to the project totaling $6,000 as a grantee contribution required by federal law, for a total project cost of $15,000~ In response to inquiries from Councilman Lacayo, the City Manager stated that the City is the only city participating in this program, and that the City received the grant to be utilized as a model program, and upon its completion, the document would be made available to other cities° In answer to an inquiry from Councilman Roberrs, the City Manager indicated that part of the costs, upon completion of the document, may be refunded in the way of distributing copies. Discussion was held regarding disseminating the information obtained throughout the State, whereas, Councilman Roberrs indicated that the City should consider attempting to acquire funds for this purpose from an organization such as the League of California Cities. COUNCILMAN HARVEY ARRIVED AT 10:30 P,M~, AND TOOK HIS PLACE ON THE PODIUM. In response to inquiries from Comcilman Lacayo, the Police Chief indicated that the finished product will be the City of Cypress', although the Criminal Justice Council may adopt it as a pilot program, and provide funding to afford the distribution throughout the State. He indicated that Arthur Young's interest is mainly predicated on the fact that this is a pilot project, which could obviously be expanded in the future. Following discussion, it was moved by Councilman Lacayo and seconded by Councilman Kenode to authorize the City Manager to retain the consulting services of Arthur Young and Company for the purpose of developing a police policy and procedure manual which the City of Cypress will be given the right to reproduce and disseminate as said City sees fit, in accordance with any commitments said City has as a result of the receipt of federal funds. The motion was unanimously carried by the following roll call vote: - 12 - City Council Minutes January 11, 1971 AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Kenode, Lacayo, Roberts and Kenel None None Harvey It was moved by Councilman Kenode and seconded by Councilman Lacayo to appropriate $9,000 from the fund balence of the General Fend to account 500-18. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None None Harvey It was moved by Councilman Roberrs, seconded by Councilmen Kenode and carried, with an abstaining vote by Councilmen Harvey, that the City Manager attempt to secure, through whatever reasonable sources available, funds for the distribution of this document~ Councilman Harvey indicated that he had abstained from voting on the three motions as he had not been present for the full discussion. CONSIDERATION OF PROPOSED LEASE WITH THE CYPRESS FIRE STATION: The City Manager presented a report dated January 7, 1971 which indicated the City has received a proposed lease between the City of Cypress and the County of Orange for the Cypress Fire Station site at the northwest corner of Cerritos Avenue and Moody Street, The report outlined the terms of the lease, and stated that they are consistent with prior negotiations held in reference to the developmant of the fire station facility on City property. Councilman Harvey expressed concern relative to the 50 year amortization period, and stated that an attempt should be made to reduce i~. It was moved by Councilman Harvey and seconded by Councilman Fanode to approve the lease between the City of Cypress and the County of Orange for the fire station site and facility as outlined in the report, and to authorize the Mayor to sign and the City Clerk to attest the agreement, subject to the approval as to form by the City Attorney; end further, to direct the City Manager to attempt to lower the amartization period. In zesponse to an inquiry from Councilman Lacayo, the City Manager indicated that the taxpayer would not be assessed an additional amount due to the building; however, he could be assessed for increased services° The marion was enanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs end Kenel None None At the request of Mayor Kenel, it was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously ca=tied to place the consideration of proclaiming the month of January as '~qarch of Dimas" month on the agenda as Item No. 39. It was moved by Councilman Lacayo, seconded by Councilman Roberrs end unanimously carried to place the consideration of a meeting with the Teen Board of the Cypress Teen Center on the agenda as Item No~ 40~ It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to place an item concerning City Council organization on the agenda as Item No. 37 a. - 13 - City Council Minutes January 11, 1971 At the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to place the consideration of a Resolution appointing Mike McCormick as the Deputy City Attorney as Item No. 41. RECESS: Mayor Kanel declared a recess at 10:00 p~m~ The meeting was called back to order at 10:05 p.m., with all Councilmen present, CO.N.SIDERATION OF PRO. P. OSED ESTABLISI~4ENT OF A RECREATION .AND PARKS COMMISSION: The City Manager presented a report dated January 7, 1971 which indicated that the Mayor and City Council have previously expressed an interest in the creation of a Recreation and Parks Commission which could serve to advise the City Council on matters dealing with the acquisition, development and maintenance of public parks and recreation facilities. The report further indicated that the Commission, in addition to this function, could also serve to advise the City Council on similar matters at such time as the City Council becomes the Board of Directors of the Cypress Recreation and Park District as a subsidiary district of the City. The report continued, the City Council has previously been provided copies of a proposed Ordinance which has been prepared by the City Attorney, and which the Council may wish to discuss at tonight ' s meeting. Considerable discussion was held regarding the proposed Ordinance. In answer to a question from Mayor Kanel, the Assistant City Attorney indicated that the sentence under Section 5, regarding "Removal," should read "Absence from three (3) consecutive meetings without cause shall be deemed to constitute the retirement of such member and his position thereafter shall become vacant/' Section 4 of the proposed Ordinance, relating to 'Term of Office" was discussed in detail, along with Section 3, pertaining to the "Appointment of Members." It was the general feeling of the City Council that the terms of the appointees should be staggered. Councilmere Roberrs suggested that the terms be corerruinous with the member of the Council appointing a member, which would allow for the automatic staggering of the terms. Councilman Kenode stated that he felt the terms of the two members which are to be appointed by the Mayor should also be staggered. Councilman Lacayo indicated that the City should make the offices a public offering by publishing information concerning the Commission and offices in the newspapers. Councilman Harvey stated that he objected uc the manner of appointments as stated in the proposed Ordinance, as he considered it to be very strongly politically oriented. Councilman Harvey suggested the Commission might be composed of two professional persons and five lay people, and further, that the Recreation and Park Director might serve on the Con~nission, not necessarily as a voting member, but perhaps on a consultant basis. He indicated that he would favor advertising for public participation, following which interested persons would be interviewed for the positions, as has been the City' s policy with appointments to the Planning Commission. Councilman Kenode expressed agreement with Councilman Harvey's statement° In response to an inquiry fromMayor Kanel, the Assistant City Attorney indicated that there was no legal requirement that persons serving on this Commission had to be a resident of the City; however, he added, the City Council could make it a requirement. Councilman Kenode then stated that he felt that as long as it was a City Con~nission, it should be composed of City residents; however, when it falls under the subsidiary district, appointees could reside in the district. Councilman Roberrs indicated that a provision requiring each member to take an oath of office should be included in the Ordinance. Following further discussion, Councilman Harvey suggested that perhaps instead of establishing a commission, the Council might consider the establishment of a committee. - 14 - City Council Minutes January 11, 1971 It was the general consensus of the City Council that further study by the Staff should be given to this matter, which would take into consideration the ideas expressed by the City Cotmcil, Councilman Roberrs requested the results of the study at the next regular meeting of the City Council, which is scheduled for January 25, 1971. It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to place Item No. 36 on the agenda at its conclusion, and to consider Item No. 37 at this time, .CONS .IDE. RATION OF.REPORT ON OFF,STREET pARKING. FOR TRUCKS: The City Manager presented a report dated January 7, 1971 which indicated that the City Council, at its regular meeting of December 28, 1970., requested the Staff to give further study to areas which could be provided for the parking of trucks which are currently parked on public streets in violation of the City Code. The report stated that in analyzing the interim use of the Corporation Yard for this purpose, it became apparent that this was not possible at this time primarily due to the lack of access to that area, the lack of security at the site, and the liability which would be encountered through the use of public owned property. The report further indicated that there are private parking facilities available within the community, and those locations will be provided to interested truck owners who might wish to negotiate with the property owners. The City Manager stated that the nearest truck terminal to Cypress is located at the intersection of Manchester an Artasia. It was moved by Councilman Kenode and seconded by Councilman Lacayo to authorize the City Manager to notify the truck owners who appeared at the City Council meeting, with the names and addresses of property owners who would be willing to negotiate for the parking of trucks on private property. In response to an inquiry from Mr. Jack Taturn, 4792 Marion Avenun, Cypress, the City Manager indicated that a site which miiht be available to the truckers for the purpose of parking their trucks does offer security and is paved with asphalt Following discussion, the motion was unanimously carried. Discussion ensued relative to the City's Ordinance pertaining to the parking of trucks and as to a method of alleviating the truck parking problem until such time as the truck owners have found a place in which to store their trucks. Following discussion, it was moved by Councilman Kanode and seconded by CounCi]ma- Lacayo to adopt a policy whereby the Police Department will issue warning citations to those truck owners who are in violation of the City's Ordinance relative to truck parking, until February 10, 1971. 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 .Cg.~S...IDEI~.T~ON OF CITY COUNCIL ORGANIZATION: At this time, Councilman Roberrs stated that approximately a little less than one year ago, as a newly elected Councilman, that he, along with Councilman Lacayo, became aware of the fact that one of the members of the Council had not been Mayor for a substantial length of time, and the question was in his mind why it was that the former Councils had not seen fit to bestow this rather rotating position. He further stated that at that time, he was too newly elected to consider our opponent who was also victorious, in the election of Councilman Harvey, so we had talked with both Councilmam Kanel and Councilman Kenode, and combined with soma of the urgings of people who had supported our campaign, we of course moved for the present Mayor. Councilman Roberrs indicated that he has been accused of having - 15 - City Council Minutes January 11, 1971 had some hand in making a Mayor, that he was somehowhis Mayor, and it was a mistake to have taken that position. He added, that when one makes a mistake, he should attempt to correct it. Councilman Roberrs stated that at this time, knowing that this comes as a substantial surprise because he has not discussed this with anyone else, he would move to replace the present Mayor with Mr, Robert Harvey. Councilman Harvey stated that he was very flattered by Councilman Roberts' offer, but he would have to decline. Councilmm~ Roberrs stated that he would like to address a question as to why this would be declined, and added, that he hoped it was because the Councilman is extremely busy, because one of the things he has discovered is the busier a man is, the more likely candidate he is for a position. He then stated that he would like to assure Councilman Harvey that it would not reduce any argument with him on any matter; that he did not see eye to eye with him on many things and would not intend to change that position. Councilman Harvey stated that he would have to reiterate his position, that he would have to decline the offer to assume the Mayor's chair. He further stated that he had served on the Council since 1966 and thoroughly enjoyed it, and that he too, has had his differences of opinion with Mr. Roberrs as well as all others serving on the Council as the purpose of local government is to disagree where you feel your opinions are opposite of those of your fellow Councilman, as long as it is done in good taste and as long as its done for the benefit of the community as a whole. Councilman Harvey further stated that one of the privileges of serving as Mayor is that you have the opportunity of allocating your time, and in anticipation of being Mayor, you have some opportunity to anticipate the type of schedule that will be forthcoming and adjust your personal life in that manner. He added, that it was obvious at the recent election, that there was no possibility of his becoming Mayor, not that he would have accepted it at that time. Councilman Harvey stated that his personal life has taken on considerably more responsibilities in the last six to seven months, and he has had to withdraw from a number of activities and organizations simply because he does not have the time to participate and contribute to those organizations. Councilman Harvey then tormented that he and Mayor Kanel have probably had a great many differences in the past; however, there has been some degree of continuity in what they have felt was for the benefit of the conm%unity. He stated that after one has served on a Council for a period of years, a mutual respect is developed for the feelings and attitudes and positions of your fellow Councilmen, regardless of what their position is relative to your own. Councilman Harvey stated that he felt that Mr. Kanel has served as Mayor as well as the former Mayors, and that unless there is something that he is not cognizant of, he did not feel that this would be the proper time to replace Mr. Kanel as Mayor. He indicated that in three months there will be an opportunity to elect a Mayor, assuming that the Mayorship continues to be rotated, at which time the Council will have an opportunity to review Mr. Kanel's performance as Mayor this past year, and take whatever action is considered appropriate. Councilman Kenode stated that this came as a surprise and that he resented the fact that someone would suggest the removal of someone who is in office without cause. He added, that he felt that Mayor Kanel has been serving the City very well during the past year, and he is not cognizant of any reason why Mayor Kanel should be removed at this time. He further stated that the particular reasons that he did not vote for Mayor Kanel last Spring were due to situations which had evolved and were happening at that time, and that they would have no bearing on what he may or may not do come next April when the Council may perhaps reorganize. Councilman Roberrs then stated that both Councilman Harvey and Kanode have given Mayor Kanel a vote of confidence, and in fact, have established the fact that this is the situation which they would like to see, and have gone on record to that extent. He further stated that a second to his motion was not needed, and added that it is clear that those who had accused him of making a Mayor are in error, and in fact, the Mayor serves not only at his pleasure, but at the pleasures of Council- men Harvey and Kanode. Councilman Roberrs then withdrew his motion. - 16 - City Council Minutes January 11, 1971 Councilram% Harvey indicated that the justification which was Just issued by Councilm~a Roberts is probably the cause which Councilman Kanode was seeking earlier, and that now Mayor Kanel is continuing in his position of being Mayor because of the position of Councilman Kanode and Com~cilman Harvey, and is no longer considered '~4r. Robert's Mayor." Councilman Harvey then stated that maturity on the Council has some bearing on how one receives the various problems which may confront an individual while serving on the Council, and added, that he was sorry that this had developed into a personality situation, and that it was unfortunate that this particular matter cams up at this particular time and in the manner in which it was brought up. Councilman Lacayo then indicated that he would like to comment that we could have had a new Mayor tonight. CONSIDERATION OF APPROVAL OF COI~ERCIAL WARRANT LIST FOR WARRANTS NO, 25757..THROUGH 25831: It was moved by C~uncilman Lacayo and seconde~ '~ 'd~u~c{lman Roberrs to approve the Commercial Warrant List for Warrants No~ 25757 through 25831, in the total aremount of $77,237.09. 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 CON~SI_D_E_RATION OF REQUEST TO PROCLAIM JANUARY AS "MARCH OF DIMES ~D.N.TH": It was moved by Councilman Kanode, seconded by Councilman Lacayo and unanimously carried to proclaim the month of January as '~4arch c~f Dimes Month" in the City of Cypress. CONSIDERATION OF REqUEST FOR CITY COUNCIL TO MEET WITH TEEN BOARD: At the suggestion of Councilman Kanode, it' was generally agreed ~ha~ 'the 'd~t~ '~anager would contact the President of the Teen Board of the Teen Center and schedule a meeting with the City Council during an afternoon session of a regular meeting. CONSIDERATION OF RESOLUTION APPOINTING MIKE MCCORMICK A~ .DEpU~ .q~TX .ATTORNEY: was moved by Councilman Kanode and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: It RESOLUTION NO~ 1142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING THE DEPUTY CITY ATTORNEY OF THE CITYo 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 MINUTE S: It was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried to approve the Minutes of December 21, 1970, as presented~ ORAL COI~41/NICATIONS: There were no Oral Communications presented at this time° EXECUTIVE SESSION: It was moved by Mayor Kanel, seconded by Councilmn Kanode and unanimously carried to go into an Executive Session at 12:20 a~m. for the purpose of discussing a matter - 17 - City Council Minutes January 1I, 1971 of personnel and litigation. The meeting was called back to order at 1:15 a.m., with all Councilmen present, It was moved by Councilman Kenode and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO, 1143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 1135, CONCERNING THE BASIC COM- PENSATION PLAN AND ESTABLISHING SALARIES FOR CITY EMPLOYEES NOT PLACED UNDER THE BASIC COMPENSATION PLAN o The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Kanode and Kanel NOES: 2 COUNCILMEN: Lacayo and Rob errs AB SENT: 0 COUNCILMEN: None ADJOFRNMENT: It was moved by Councilman Kanode, seconded by Councilman Lacayo and unanimously carried to adjourn the meeting at 1:16 a,m. ATTEST: CITY CLERK OF THE CITY OF CYPRESS - 18 -