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HomeMy WebLinkAboutMinutes 71-03-01MINUTES OF A SPECIAL MEETING OF THE CYPRESS CITY COUNCIL HELD March 1, 1971 A special meeting of the Cypress City Council was called to order at 7:30 pomo, on Monday, March 1, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding° PRESENT: Councilmen Harvey, Kanode, Lacayo and Kanel ABSENT: Councilman Roberts Also present were City Manager/City Clerk Dartell Essex, Deputy City Attorney John Murphy and the following members of the City Staff: Poorthor, Dunlap, Hernandsz, Schatzeder, Savord, Nudson and Grissomo PLEDGE OF ALLEGIANCE: At the request of Mayor Kanel, Councilman Harvey led the City Council and audience in the Pledge of Allegiance, CONSIDERATION OF COI~4D~ICATION F~DM SANTA ANA REGION WATER QUALITY CONTROL BOARD RE: PROCEDURES INVOLVING MAJOR WASTE DISCHARGES: The City Manager presented a report dated February 17, 1971, which indicated the City has received a connnunication dated January 28, 1971, from Richard Ao Bueermann, Executive Officer of the Calif- ornia Regional Water Quality Control Board - Santa Ana Region, requesting cormtents Dn a proposed Resolution which would set forth requirements for all cities and counties in the Santa Ana Region regarding the discharge of major waste materialsu ~I'ne report further indicated that after reviewing the contents of the coEmunication and proposed Resolution, the City Manager and Public Works Director concur in the value of the overall concept; however, object to the filing of all tentative sub- division maps~ it was moved by Co'mcilman Kenode and seconded by Mayor Kenel to authorize the City Manager to forward a communication to the California Regional Water Quality Control Board concurring in the proposed Resolution of that Agency regarding major waste discharges, with the exception as outlined in the report~ The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Kenode, NOE~: 1 COUNCILMEN: Harvey ABSENT: 1 COUNCILMEN: ROberrs Lacayo and Kenel COUNCILMAN ROBgETS ARRIVED AT 7:35 P ~M~, AND TOOK HIS PLACE ON THE PODIUM0 CONSIDEHATION OF COI~iUNICATION FROM SCAG REGAIIDING MERGING OF TASC AND SCAG: The City Manager reviewed a report dated February 17, 1971, which indicated the City has received a communication dated November 23, 1970, which did not reach the City offices until Jenua~y 29, 1971o The communication is si~ned by both Ned Chatfield, President of the Southern California Association of Governments, end Joseph M~ Alms, G~airman of Transportation, Association of Southern California, urging the City of Cypress to adopt a Resolution consenting to the dissolution of TASC, which upon dissolution, would be merged into SCAG as the Comprehensive Transportation Planning Committee° It was moved by Councilman Kenode and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO, 1150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONSENTING TO THE DISSOLUTION OF TEE TRANSPORTATION ASSOCI- ATION OF SOUTHEI~q CALIFORNIA° The motion was unanimously carried by the following roll call vote: C~ty Co~cil Minu~:es Ma~cch 1, 1971 AYES: NO E S ~ AB SENT 5 COL~qCILMEN: 0 COUNCILMEN~ 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONSTDERATION OF RESOLUTION OF TEE CITY OF SAN MATEO SUGGEST.ING A DIFFERENT ASSESSMENT RATIO FOR SINGLE-FAMILY DWELLINGS: The City Manager reviewed a rapart dated February ~7, 1971, which stated that the City has received o communication dated February l, 1971, from Mayor Hugh Ao Wayne of the City of San Mateo, trans- mitting a Resolution requesting the California Legislature to prepare an amendment to the State Constitution pro%~lding a procedure for the establishment of a different assessment ratio for single-family dwellingst It was moved by Cc~moilman Harvey, seconded by Councilman Kenode and unanimously carried mo receive and file this report o CONTINUATION OF CONSIDERATION OF PROPOSED ESTABLISHMENT OF A RECREATION AND PARK COMMISSION: ~ayor Kanel reviewed the contents of a draft of a proposed Ordinance establishing a Recreation and Parks Commission, ~nich was requested by the City Council a~ its meeting of February 16, 197i~ Considerable discussion was hold regarding Section 4 of the proposed Ordinance per=alning to the Appcintmen~ of Members, whereas, both Colmcilman ROberrs and Councilman Lacayo ~rged the Council to include a provision stating that each Co'uncilman would select a member to serve on the Commission, as a result of public advertising for applicants following whish interv/ews would be conducted. Com ailman Kenode indicated tha~ he wou~d be opposed to eazh Councilm~n selecting a member, as there c~uld then be the possibility that each member would feel that he was t~3 follow direction fr:Dm the individual Councilman who appointed him~ Co%moll- man Harvey agreed with Coumcii~ KanDde~s statement, and added that the 4/5 vote req'~ira~nt to ramrye a poison on the Commission is necessa~ in order to protect the individual and his position on matters relative ~o the ~mmunity~ Councilman Har-~y indisatod that he fel~ the proposed Ordinance under discussion is fair~ I~ was tho general cansensus of the City Council tha~ it would be a policy of the City Cc'j~cli ta ad'veztise and to ~nduct intar.~iews for the pcst~ions~ Failowing discslesion, it was 'm,~ved by Councilman RoDerrs and seconded by Councilman Lacayo ~e ~mend the p:~cpossd Ordinance under So~ion 4, to ~sad, ~Ono member shall be appointed by eaZh member of The City Council subject to =onfirmation, by a 4/5 wte, cf the City C~un~il/ The Mayor shall appoint two. (2) additional members, subject t~ ccnfirmati~n by a 4/5 vcze of the City C,cuncilJ' The motion failed to carry by the following z~ll call vote: NOES: ABSENT: 2 COUNCILMEN: 3 COUNCILMEN: 0 COUNCILMEN: La~ayo and Roberos Har~y, Kenode and Kanel None Councilman Haz~ey stated tbac he would not be opposed to the 4/5 vote confirming the appointments~ however, he was very much opposed to each Councilman selecting a member.. It was generally agreed that the Ordinance would require a 4/5 vote confirmation by the City Council for both appointments to the Commission as well a~ removal of a member from the Commissionl. It was further' agreed that Section 5 pertaining to Term of Office, w~uld include a statement which would read as follows: '~embers of the Recreation ~nd Paxks Co~r~nission shall serve no maze than two (2) full or partial terms, and such partial tezms not to exceed a total of ten (10) years of -2 - Clcy C~:'~=cil Minutes March 1, 1971 It was moved by Councilmm~ Kenode, seconded by Councilram1 Roberrs and ur, animously carried to read the following Ordinance by title only l. ORDINANCE NO o AN ORDINANCE OF THE CITY COLRqCIL OF THE CITY OF CYPRESS ADDING ARTICLE VI TO CHAPTER 2 OF TItE CYPRESS CITY CODE, HEREBY ESTABLISH- ING A RECREATION AND PARKS COI~4ISSION o It was moved by Co'~mcilnum Kenode and seconded by Councilman Lacayo to approve the fi%st reading of the Ordinance° The motion was unanimously carried by the f~llowing roll =zall vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kenel None None Couacilman Kenode suggested that the City Manager's office publish a statement to the effect that the City will be accepting applications for these positions in the near future° In answer to an inquiD/from Mayor Kanel, the City Manager indicated that the O~dinance would be in effect by April 8, 1971~ CONTINUAIION OF CONSIDERATION OF COI~f0N.ICATION FROM THE CYPRESS..REqREA.T_ION_AND PARK DISTRICT HEqlYESTING'REC01~4ENDED NAMES FOR CITY PARKs: It was moved by CouncilSnan Kenode, seconded by Comlcilman Harvey and unanimously carried to refer this matter ~o the Recreation and Park Corm~ission, for consideration, at such time as it is established~ It was m~ed by Councilman Lacayo, seconded by Councilmm~ ROberrs and unanimously carried to consider Items No, 7 and 8 on the agenda, out of order at this timeo was the general consensus of the City Co~a~cil to consider Items Nc~ 7 and 8 simultanao~ly~ CONItNUAIiON OF CONSIDERATION OF REVISED REQUEST FOR ADDITIONAL APPROPRIATIONS: I~e C!~y Manager presented a report dated February 4, 1971, from the Finance Director, which indicated that the City Council, at its regular meeting of January 25, 1971, ~ontinued the c=onsideratian ~f the report on a request for additional appr~priations in order that the City Manager and Staff could complete a ~eport on the o~rrsnt financial statics ~f the City° This matter was also continued from the February 8, 1971 meeting of the City Council to allow additional time for the Council to s~udy their repcrts~ The report outlined ~he accounts requiring additional appropriations, and included a budget summary for the 1970-71 Fiscal Year° I n answer to an inquiry from Councilman Roberrs, the City Manager stated that the Staff is studying areas of potential revenue which will be of some assistance in the next Fiscel Year budget, and further stated, that the Staff is studying their Budget needs, and will postpone any requests for appropriations which are not absolutely necessary at this time. The City Manager than enumerated on the va~io~ additional expenditures which had not been anticipated at the time of the budget discuasions o C~uncilmen Harvey stated that in studying the budget summary, it would appear that the areas in which the City did not obtain its anticipated revenue, came from those a~eas which are directly and indirectly eff~cted by the economic slowdown which is prevalent in Orange County° He further stated that this, coupled with some additional expenditures, most of which are non-recurring , is what has necessitated the projected decrease in the General Fund balance for June 30, 1971~ Councilman Harvey than complimsnted the Staff with regards to a tax schedule which was included in the recent issue of the City's newsletter~ Councilmen ROberrs requested that the Staff, beca,~se of the significant amount of deviation, supply the information contained in the budget summary on a monthly 3 City Co~mcl 1 Minutes March 1, 1971 basis, beginning with the Marsh 8, 1971 meeting of the City Council~ Councilman Roberrs etated that this would keep the Council apprised, and could then be taken into ccnsideration at such times as there are requests for additional appropriations° Cc,mlcilman Harvey expressed agreement with Councilman Robarras request~ It was moved by Ccuncilma~ Kenode, seconded by Co,,ncilman Harvey and unanimously carried '=c receive and file the Financial Variance Report for the period ending January 31, 1971~ was moved by Comcilman Kenode and seconded by Councilman Harvey to appropriate $84,831~00 from the fund balance cf the General Fund to the following accounts: 411-01 $ 313~50 500-03 $11,000.,00 412-0I 532.00 500-11 11,000o00 415 -01 411o 00 500-41 31,439 ,. 00 418-01 92 ,.00 505-01 330 °00 425-01 ~78 ~00 520-01 919 °00 425-19 550 ~00 520-40 70 wOO 460-01 479 °00 600-01 3,141 ~00 480-01 381.00 610-01 4,134000 480 -42 34~ 00 6 10-41 1,400° 00 500-01 15,102 ~00 710-17 3,026 °00 The motion wa~ unanimously carried by the following roll call vote; ~YES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None Ccuncil~m~l Laceyo ~equested that in the future, a word descriptlon of the numbered acc~lnts be inci'.~ded in the repo'tts to the City Council° RECESS: l~a/o~ Kenel declared ~ icecase at 9~07 pom~ The meeting was called back to order at 9~18 pomp, with all Councilmen present° CONTINUATXON OF C~NSXDERArION OF LEASE-PURCHASE OF AN NCR 36 ACCOUN'IING MACHINE: The CiI~y ManeMax indicated the~5 this matter had been continued from the ~egular meetinS cf ~he City Cellnell held ~n February 8, 1971o He then reviewed a repo=t dahed February 4, 1971 from the Finance Director, which outlined the need for an NOR 36 Accc'mting Machine, and compared the cost differences between purchasing ~he ma~=hine, leasing the machine or obtaining the machine under a lease-purchase, which is the rec.ermnended methcd~ The City Manager indicated that the lease-purchase of this eqliipment wo-c2. d be an interim measure until such time as a City-wide informa- tion system is developed° In response to an inquiry from Councilman Lacayo, the City Manager etated that $2600 had been budgeted fc.r the purpose of leasing the machine~ Yn answer to inquiries from Councilman Robarts, the Finance Director indicated that under the lease-purchase system, the City has the option at the end of a 24 month period to continue the lease for an additional 12 months, at which time the City will acquire ownerahip of the equipment. The City Manager indicated that the acquisition of the NCR 36 accounting machine would eliminate overtime hours in the Finance Department except for special projects such as the budget preparation~ It was mc~v~d by Councilman Kanode and seconded by Councilman Roberrs to approve ~he lease-purchase of an NCI{ 36 accounting machine from The National Cash Register Company, 1602 North Grand, Santa Ana, California, as outlined in the report. The motion was unanimcusly carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None -4- City Council Minutes Mars I, 1971 71 Council~ Roberrs recormnended that this item be considered for purchase at the next Fiscal Year's budget discussions, following which, if it is determined that the City will purchase the machine within six months, an attempt be made to obtain the machine interest-free, which would save the City a considerable sum of money° CONTINUATION OF CONSIDERATION OF COI~UNICATION FROM THE CITY OF WESTMINSTER RE: FINANCIAL'PROBLEMSOF THAT CITY: The Council reviewed a conmunfcation, dated December 23, 1970, which was signed by Derek C~ McWhinney, Mayor of the City of Westminster, requesting the City Council's cora~itment to support, to sponsor, and to press for the enactment cf legislation to relieve the fiscal crisis of California cities° The co~mmunication further outlined the financial problems of the City of Westminster~ It was moved by Councilman Kan.ode, seconded by Mayor Kanel and unanimously carried to receive and file the co~nunicaticn. CONTINUATION OF CONSIDERATION OF INSTITUTE ON LABOR RELATIONS# SPONSORED BY THE LEAGUE OF CAIIF01~NIACITIES: The City Manager indicated that the League of California Cities is conducting its fifth Institute on En~loyer-Employee l~lations, March 17-19, 1971, in San Francisco, and that an invitation has been extended to all city officials, particularly urging the attendance of police and fire chiefs~ Ccur~cilm~n Rsberts erated that he felt that this meeting would be beneficial =o the Councilmen, and urged the Councilmen t'~ ccrasidex attending the Institute° In answer ~cc an inquiry from Councilnmm Kenode, the City Manager inidicated that a specifi2 appropriation would not have to be made~ He further indicated that he assumed tha~ papers would be published relative tc the conference, and would be made available! It was moved by Councils Kenode and seconded by Ccancilman Roberrs to authorize the City Manager, the Chief of Police, and any Councilman who might so desire, to attend the League of Ca!ifornia Cities Institute on Labor Relations. scheduled to be held Mar~h 17-19, 1971, and to be reimbursed for all actual and necessary expanees,l 'The moticn ~as ~i%~im~'asly carried by the fo~l~wing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Har~y, Kenode, Lacayo, Roberrs and Kane 1 None None CONSIDERATION OF THAC~ 5940 SEWER REIMBURSEMENT AGREEMENT: The City Manager presented a report dated FebrueU 11, 1971, from the Public Works Director, which indic~ted that as a condition ~f approval of the improvement plans for Larwin's Tract 5940, west of the Arnold Schcc,1, the developer was required to sewer to Denni Street, which was a distance cf a~proximately 771 feet from the tract o The report further indicated that in a reimbursement agreement, the City agrees not to allow connections to the sewer unless the person connecting pays the original developer a proportionate cost of the sewer~ The report stated that the Larwin Company has requested a reimbursement agree- ment, which does not require the City to expend any fua~ds except those which they might receive from another developer attempting to connect to the sawer~ In response ~o inq~r!as from Councilman Roberrs, the Public Works Director stated that it does not appear likely that another developer will c~Dnnect tc the sewer at this time, and indicated that the only way in which the city could be liable for any expenditure, whatsever, w'~uld be if the City collected funds from another developer attesting to cDnnect to the sewer I, In answer tca further inquiry from Coancilman Roberts, the Deputy City Attorney indicated that the agreement will have to be modified to clearly state that subsequent developers will pay only for a p'roportionats use of the sewer line I. 5 City Council March 1, 1971 Iu was m~ved by Councilman Roberrs and seconded by Councilman Lacayo to approve the a g zee me nt with Larwin Company, developer of Tract 5940, for a sewer in Surrey Drive, and to authorize the Mayor to sign the agreement and the City Clerk to a~test to his signature, subject to the approval~ reflecting the discussion of the Council, of the City Attornayl The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel NOES: 0 COUNCILMEN: None ABSENI: 0 COUNCILMEN: None CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATiONSi. AND AUTHORIZATION TO ADVERTISE FORBIDS FOR CURBANDGUTTERREPAIRS AI VARIOUS LOCATIONS: The City Manager presented a report dated February 5, i971~ from the Public Works Director which indicated that the Engineering Division has c~mpleted the plans and specifications for curb and gutter repairs at various locations, which was authouized by the City Council in the 1970-71 construction p%ogram budget, The report further indicated t'hat the estimated cost of the project is $3,750~00o In reply to an inquiry from Councilman Lacayc, the City Manager indicated that the City would save costs by cumducting the repairs simultaneously rather than one at a ti~ He further indicated that the funding for this project would co=~ from the General Fund~ In response zo an inquiry from Councilman Harvey, the PUblic Works Director described an axperimentation~ consistfoE of building damaged curbs and gutters with a mixture of an epcxy substance and concrete, which proved tD be vezy successful and may ba '~eed in conjunction with this project, cn small areas~ in answer s3 a question from Councilman Lacayo, the Public W.crks Dizactor outlined the method whereby the Public Works Department determines which areas are in need of rapair~ IC was moved by Councilman Harvey and ascended by Councilmar. Laoayo to approve the plans and epecificazicns for Project #7121-10-0000, and te authorize the City Clerk advertise for bids with toe bid date tc be set. The motion was unanimously carried by the following roll call voze~ AYES .~ 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayc, Roberrs and Kansi None None CONSIDERATION OF ADVISORY TRAFFIC COMMITTEEwS REPORT ON GltJHAM STREET: The City Manager presented a report dated February 17, 19~i which indicated that at its ~eting of November 23, 1970, the City Council referred the study of Graham Street back to the Traffic Ce~mnittee for further oonsideration,~ The ~epcrt advised that at its usering of January 8, 1971, the Ccrmnittee recommended the following as solutions to the uraffic problems on Graham Street: The construction of ~ul-de-sacs, which was the original reconmAendetion made tc the City Council~ that the City proceed with acquisition of right-of-way for an east-west street between Graham Street and Walker Street~ and tha~ temporary barricades be installed on Graham Street until the permanent cul-ue-sacs can be constructed° Discussion was held relative tc the Traffic Coumnittee's zecormuendation of eligoing an east-west street from Graham to Walker, and the suggested location which 'would align the new street with Hanover Street, on the west side of Walkerl. In answer to an inquiry from Councilman Kenode, the PUblic Works Director indicated that the two parcels of land, which the City would have to acquire in order to construct the street, are zoned R-3~ In response to a statement by Councilman Roberrs, the Public Works Director explained thee it was proposed that the street line up with an intersection =o facilitate the flow of traffic, and tD provide for the ~netallation of a traffic control device in the event it is needed. -6 - Ci~~ C~nzii Minutes March 1~ 1971 ?no City Manager that ~Lhe project money wo~ild have e~pressed cb-ncern =oncoming the funding for this project, stating would not qualify for Federal, State, or County funds, and the tc come out of the General Fund~ Councilman Lacayo the report to the 72 annual budget, ~znsideraticn the Street~ and as to acquiring ~he two indicated that he felt that since the regonmmnda~ion contained in Ce-c~cil is that this raa~ter be c=nsidered for inclusion in the 1971- he would like t~ have the matter studied mcre thoroughly, taking into muI~iple-family development which is under construction on Graham Whether or not there would be a conflict cf interest in the City's parcels of land.. In answer to inquiIies fxcm Councilman Roberrs, the Depuzy City Attorney indicated that he would like to have an OppOrtunity ~o research whether o~ not the City could purchase the property with an option, which would allow f~r an extended period of time in whigh t~ purchase the land, and as to the possibility of for~ng a separate district which would have the capacity to purchase ~he land ~ver an extended period of time o It was moved b~ Ccm~cilman Lacayo, seconded by Counciira~n Roberrs and unanimously carried to =ontinue the o~nsideraticn of this matter tc the regular meeting of the City Council sLheduled to be held on March 22, 197111 CONSIDERArION OF I~AIE INCREASE AFPLiCATIONS FOR SOUTHERN CALIFORNIA GAS CO~ & SOUTHERN CALIFORNIA WATER COl lhe City Manager presented a report dated February 17~ 1971, which, as requested by the City Council a~ its February 8~ 1971 meeting, advised that the Southern California Gas Company is requesting an "Offse~ Rate Increase" of 1~8%, which w~ll c~st ~he City $54-00 per year and $ .16 per month t~ the average Cypress zesidenle/ The re~o~'z ~tsted ~hat cffset rate increases are subJet[ tc review and pcssibie ~fand in the f~zure~ The Scuthsn~ Caliiornia Water Company, the report further advised, is ~:'eques%ing an 18~6% farce increase, which will c~st ~ha City $~3i~00 pe~ yea% and $iI~iO per' month to I~he average Cypress residen~e~ it was m.zved b) C~:~ciiman La~a)o and seconded by Councilman Roberrs tg protest %ha rate increase appll%a~icns for bc'ch the Southern California Gas Company and the Southe~.~% Calilc~ia We%aT Ccm~anyl At the ~ceques= :f C~I~n~ilman Roberots, Councilman LabraVo agreed to amend his motion to inzlude the Sou'chain California Wa~e~ Cc~any, cniy. In answer to an inqu!!.~ f~cm Mayor Kane!, the City Manager indicated that the matter~ ~o his knowledge, has not been heard before the Public Utilities Co~ssi~'n as yet ~ it was ~he 6~ne~ai c<.~er. sus cf the City Council that the protest would be in the fo~m of a lettalc from the City Menagerie office, expressing the impact of the rate increase as it effects the Ci~ :~f C'~prese~l Following discussion, ~he motion carried by the following ~nll ceil vote~ AYES: 4 COUNCILMEN~ NOES: 1 COUNCILMEN~. ABSENI~ 0 COLrNCILMEN: Ha~cvey, Lacayo, Rober~s and Kanel Kenode None CONSIDERATION OF RE~UESI' TO EXCHANGE HOLIDAYS: The City Manager presented a report dated February 17, 1971, which indicated ~hat the Cypress Cl~y Employees' ASsociation has s~bmitted an official request to ~he City Council t~ exchange the Thursday, December 23, 19')1 holiday for Friday, November 26, 1971, which is the day following the Thanks- giving ncliday~ It was moved by Cobmcilman Lacayo, seconded by Councilman Harvey and unanimously ~arried to grant the request to the Cypress Employees~ Associa~ion and tc authorize the exchange of the Decembe~ 23, 1971 holiday for Friday, November 26, I971~ City Council Minutes Macon i, 1971 CONSIDERAIION OF APPOINTMENT TO THE ADVISOR~ TRAFFIC COMMIITEE: The City Manager presented a report dated February 17, 1971 which stated that the term of Advisory Traffic Committee member Lloyd McPherson will expire on March I1, 1971, The report continued, that in accordance with the provisions of the City Code, Sac=ion 1609, Cormr~ttee Merebets are eligible for appointment for only two consecutive ter~, and that based on this Code segti~n, Mr~ McPhezson is not eligible for reappcint~nt at th~s In answer to an inquiry from Mayor Kanel, the Deputy City A~tornsy advised that should the City Council not take action on this particular matter', Mr,. McPherson would remain on the CoTmr~ittee as a defactc me~er/ Co'J~cilman Kenode suggested that Mrl= McPherson remain on the Ad~isory Traffic Commlittee until such time a:s interviews have been c:nducted for the positions of Pacreation and Pa~k Cormr~lssioners, as the Council may find a suitable replacement for Mr~ McPherson's positiJn from the applicants° It was mc!ved by Councilman Kenode, sec)nded by Councilman Harvey and unanimously carried to receive and file ~.~he rapotto CONSIDERAIION OF SETTLEMENt WITH KrLANTIC RICHFIELD COMPANY--STORM SEWER CITY PROJECT 2-A~10: The City Manager presented a report dated February 17, 1971 which indicated the City Staf~ has been approached by representatives from the Atlantic Richfield Centany to settle ~ controversy which occurred during the recent storm drain osnstruction project ~n the area cf ~body and Lincoln Avenue, which required additional expenditures due tc ~n acc~IT~ulati~ of gasoline in the area ef fne storm drain con- structicno The ~epcrt ~eco~nended that the C~ty Council adjourr~ to ~n Executive Session for li~IgaticB to review the proposed settlersant with the City Manager, Public Works DirecTor ~nd City Attorney. EXECUTIVE SESSION: It was ~f:ved by Mayor Kanel, se.c~nded by CQ'ancilman Kenode and unanimo~ly carried to gc intD an Executive Session for %he pu~'pz,se of disc~eing a ma~=er cf li~igation, at 10:40 p ~m. The ~eting was ~alled baok ra cTdeT at 10:55 ~.om.., with all Co~.~il~n present, It was moved b~ Ccun!jil~n Kenode and se::nded by Ccun~ii=an Harvey to authorize =he settlement of the claim against A'Zi~t~c Richfield Co'~fp~y for the p~y~nt to the City by the Atl~tlc Richfield Co~y in =he sum of $1,286 ~22 ~ ~e motion wa~ ~imously carried by the fallowing roll call v~te~ AYES: 5 COIAqCILMEN: NOES: 0 COUNCILMEN: AB SENT: 0 COUNCILMEN: Ha~ey, Kenode, Lacajo, Rcbe~[e and Kanel None None CONSIDERATION OF COI~ICATION RE: LEFT TURN PROHIBIIION ON ORANGE A~ENUE ~LND JUANIrA STREET: I~e City Manager indicated that the communication which was received by all Council~n, apparently objected te the prcbtems encountered in making a left-hand turn off cf Orange Avenue, in a southerly direction, onto Juanits StYset{. Ccuncilman Lacayo indicated that it was his feeling thee information, as to why the City determined that ~ left turn proBib ition in this particular location was necessary, should be fDzvarded to the .citizen wh~ expxessed conce~n regarding the mat te r ./ It was ~ved by Councilman Roberrs and seconded by Council~n Lacayo tc direct the Staff to draft a letter for signature by the individual Councilmen, which would include excerpts from the Cit~ Co'uncil }{inutes and Minutes from the Advisory Traffic Committee meetings relative to this ~matter, -8- City C~unc~l Minutes Mar~ 1, 1971 Cot~¢ilman Harvey indicated that he had corresponded with the citizen concerning Ehis iss'~e, and that it was his personal feeling that a letter outlining the general ~easons for prohibiting the turn would be sufficient, Following discussion, the motion was unanimously carried,, ADj OUI~YMENT: k was me, red by Councilman Kenode, seconded by Councilman Harvey and u~animously carried to adjourn at 11~03 pomll THE C~TY OF CYPRESS AI"IEST; -9 -