Loading...
HomeMy WebLinkAboutMinutes 71-06-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 28, 1971 The regular meeting of the Cypress City Council was called to order at 4:03 p,m. on Monday, June 28, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Kanel, Roberrs and Harvey ABSENT: Councilmen Kanode and Lacayo Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap, Grissom, Hernandez, Nudson, Poertner and Schatzeder. STAFF REPORTS AND DISCUSSIONS: In response to an invitation by the City Council, Mr. D. E. Callshah, Diehl, Evans and Company, 1910 No. Bush Street, Santa Ana, addressed the City Council outlining the procedures followed by this auditing company for the audit of records of the City of Cypress° Mr. Callahan explained that emphasis was placed on the disburse- ment of revenues to be sure that they were properly accounted for, and explained the qualifications and duties of the representatives from Diehl, Evans and Company that examined the records of the City of Cypress. In response to Councilman Kanel's inquiry, Mr. Callahan advised that the increase requested by his company for maximum fees to audit the fiscal year 1971-72 records would actually be billed in the fiscal year 1972-73. E~CUTIVE SESSION: It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to go into an executive session at 4:15 p.m. for the purpose of discussing a personnel matter~ COUNCILMAN KANODE ARRIVED AT 4:18 PoMo AND TOOK HIS PLACE ON THE PODIUMo The meeting was called back to order at 4:34 p,m, with the following Councilmen present: PRESENT: Councilmen Kenel, Fanode, Roberrs and Harvey ABSENT: Councilman Lacayo The City Manager advised the Council of a letter received from Mr. George Church subsequent to the preparation of the agenda materials advising of the current status of the horses and chickens in his area. In response to the City Managerts suggestion, it was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to place on the agenda at this time, the consideration of a communication from Mr0 George Church, 4252 Crescent Avenue, Cypress. It was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to authorize the City Manager to respond to Mr. Church that the zoning ordinance is currently under study and that he will be further advised at the time the study has been completed, and that the Orange County Health Department be made aware of the problems in the Crescent Avenue area. The City Manager then reviewed a communication received from Mrs. William A. Martin regarding a traffic problem on Orange and Juanits involving the increased crossing of children during the sunder months to the swin~ming pool. It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to place this item on the agenda at this time. City Council Minutes June 28, 1971 It was moved by Councilman Kenode, seconded by Councilman Kanel and unanimously carried to refer this matter to the Advisory Traffic Committee for consideration at their next regular meeting~ The City Manager advised the Council of the resignation of Mr. Gutzman as Director of the Cypress Civic Center Corporation due to a transfer in his emeloyment. The City Manager suggested that any Council recoEmendations for a replacement for Mr. Gutzman would be transmitted to the members of the Cypress Civic Center Corporation. The City Manager then advised the Council of the necessity to call the first meeting of the City Council acting as the ex officio Governing Board of Directors of the Cypress Recreation and Park District on July 1, 1971, for the purpose of adopting the preliminary budget and to set the time and place of the Public Hearing to adopt the final budget~ He further advised that items should include the consideration of adopting a salary resolution for the personnel of the District, and other matters regarding the financial affairs of the District. Pollowing discussion it was determined to conduct a meeting on July 1, 1971 at 7:30 p~m. at 9471 Walker Street, Cypress, acting as the ex officio Governing Board of Directors of the Cypress Recreation and Park District. The City Manager reminded the City Council that the City of Cypress is hosting the Southern California Planning Congress meeting on July 8th at the Los Coyotes Country Club, Buena Park° The City Manager then went over the various items in the Progress Report dated June 28, 1971, along with advising the Council of the verbal request by the Chamber of Commerce to have the City share in the expenses incurred for the exhibit at the Orange County Fair in amount of $200° It was moved by Council- man Kanel, seconded by Councilman Kenode and unanimously carried to place this item on the agenda at this time~ It was moved by CounciLman Kanel, and seconded by Councilman Kanode to authorize an expenditure in the amount of $200 from the 1971-72 Budget, Community Promotional Account, to help defray the costs incurred by the Cypress Chamber of Commerce in the preparation of an exhibit in the 1971 Orange County Fair. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, Kanode, Roberrs and Harvey None Lacayo Upon the advice from the City Manager that the County of Los Angeles had recon- firmed their membership in the Southern California Association of Governments, it was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to remove Item No~ 9 from the Consent Calendar and receive and file the matters It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to place the matter of AB 1617 for consideration on the agenda at this time~ Following discussion, it was moved by Councilman Roberrs and seconded by Councilman Kanel to request the City Manager to address a communication to our State Senators indicating the support of the City Council in favor of AB 1617 which would authorize counties and cities to levy a 5% tax on Bar drinks. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, Kanode, Roberts and Harvey None Lacayo 2 City Council Minutes June 28, 1971 It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to place the matter of AB 813 for consideration on the agenda at this time. Following discussion, it was moved by Councilman Robetree seconded by Councilman Kanel and unanimously carried to request the City Manager to direct a communication to the Senate Committee on Local Government by telegram in order to reach the Committee prior to its hearing on June 29, 1971, indicating the strong support of the City Council of AB 813 which updates the antiquated annexation lawso At the request of Councilman Kanel, Item Noo 10 ~as removed from the 'Consent Calendar. It was moved by Councilman Kanel, seconded by Councilman Kanode and unanimously carried to consider Items No. 1 through 8 on the Consent Calendar. 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 approving the Recommendation on the Administrative Report concerning the matter. It Was moved by Councilman Kanode, seconded by Councilman Kanel and unanimously carried to approve Items No. 1 through 8 on the Consent Calendar. Item No. 1: Consideration of receipt of the May 20, 1971 meeting of the Orange County Mosquito Abatement District Minutes. Recommendation: Receive and file. Item No. 2: Consideration of proposed commercial aviation uses at the Los Alamitos Naval Air Station. Recommendation: That the City Council request the City Manager to prepare a letter in opposition to the development of Los Alamitos Naval Air Station as a commercial and general aviation air facility to be signed by all City Councilmen and will be transmitted to the Orange County Board of Supervisors° Item Noo 3: Consideration of notice from the Public Utilities Commission of a hearing on a rate increase for the Southern California Water Recommendation: Receive and file~ Item No. 4: Consideration of request to defer increased costs of the State Retirement Program° Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NOo 1182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING DEFERMENT OF INCREASED EMPLOYER CONTRIBUTION RATES. Item No. 5: Consideration of request for interpretation of landscaping requirement on Conditional Use Permit C-239~ Recommendation: That the City Council refer the communication from Mr~ Spengler regarding the planting of palm trees at 5552 Orange Avenue to the Planning Commis- sion for review and recommendation. Item No. 6: Consideration of notification of population estimate - 33,000. Recommendation: Receive and file. 3 City Council Minutes June 28, 1971 Item No~ 7: Consideration of intent to continue participation in the Orange County Retirement Program for the Cypress Recreation and Park District Employees. Recommendation: That the City Council authorize the City Manager to notify the Orange County Treasurer that it is the intention of the Cypress City Council, as the Board of Directors of the Cypress Recreation and Park District to include the Cypress Recreation and Park District employees in the Orange County Retirement System~ Item No~ 8: Consideration of request for placing an advertisement in the special Cypress Edition of the Community Advocate~ Recommendation: That the City Council authorize the City Manager to prepare a 1/2 page ad for the special July edition of the Community Advocate at a cost of $62. CONSIDERATION OF REQUEST FOR CROSSWALKS AND CROSSING GUARDS IN THE CYPRESS SCHOOL DISTRICT: Councilman Kanel requested clarification as to points mentioned in Cypress School Supt. Calton's letter to the City dated June 21, 1971, Justifying the change in school enrollment planned for the coming Fall school year and the requested changes in crosswalks and crossing guards in the Cypress School District. Following discussion, it was moved by Councilman Kanel, seconded By Councilman Kenode and unanimously carried to request the City Manager to contact the Cypress Elementary School District Superintendent in order to obtain information for the City Council, and also request the School District to meet Jointly with the Cypress City Council to discuss matters of mutual concern, and refer the consideration of changes in crosswalks and crossing guards to the Advisory Traffic Committee for their review and recommendatton~ It was moved by Councilman Kanel, seconded by Councilman Kanode and unanimously carried to consider Items No. 12, 13, 19 and 21 on the agenda at this time. CONTINUATION OF CONSIDERATION OF RESOLUTION URGING AMENDMENT TO THE SALES TAX DISTRIBUTION LAW: The City Manager reviewed Resolutions from the Cities of Woodlake and Upland which were in opposition to the present form of distribution of sales tax revenues and in favor of distribution based on a per capita basis. The City Manager further presented the Council with a Resolution of the City of E1 Monte in opposition to a change in the present method of distribution of sales tax revenuest Following discussion, it was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to request the City Manager to direct a communication to the Cities of Upland and Woodlake indicating the suppore of the City Council of their resolutions, and further direct the City Manager to direct a communication to our State Legislators representing our area, with a copy to the League of California Cities, indicating the support of reso- lutions of the Cities of Upland and Woodlake in favor of the redistribution of sales tax revenues on a per capita basis~ CONTINUATION OF CONSIDERATION OF RESOLUTION REQUESTING THE IMMEDIATE ACQUISITION OF LAND FROM THE CITY OF YORBA LINDA: The City Manager advised the Council that the Orange County Board of Supervisors had previously acted on this item by approving the acquisition by a 4-1 vote~ It was moved by Councilman Kanel, seconded by Councilman Fanode and unanimously carried to receive and file the communication from the City of Yorba Linda~ Councilman Kanel commented that he felt the Board of Supervisors should be made aware of the need for a regional park in the Western Orange County area. Following discussion of the need for a regional park in the Western Orange County area, it was moved by Councilman Kanel and seconded by Councilman Kenode to request the City Manager to direct a communication to the Orange County Board of Supervisors urging their serious consideration of the need for a regional park in the Western Orange County area and further request the Board to forward this matter to the newly formed Parks Commission for their early consideration and that cities in the Western Orange County area be made aware of this position. The motion was - 4- City Council Minutes June 28, 1971 unanimously carried by the following roll call vote: AYES: 4 COUNCII/~N: Kanel, Kanode, Roberrs and Harvey NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo CONTINUATION OF CONSIDERATION OF INCREASE IN THE CONTRACT AMOUNT FOR CITY AUDIT SERVICE FOR THE 1971-72 FISCAL YEAR~ The City Manager advised the Council that this matter had been continued in order for the auditing firm to present to the Council the Justification for the increase requested for the audit of the 1971-72 fiscal year records~ In response to Councilman Kanel's clarification inquiry, the City Manager advised that the proposed fee schedule would actually be billed in the 1972-73 fiscal yearn It was moved by Councilman Kanel and seconded by Councilman Kenode to adopt the fee schedule for auditing service of 1971-72 fiscal year records as proposed by the firm of Diehi, Evans and Company in their communication dated April 13, 19710 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, Kenode, Roberrs and Harvey None Lacayo CONSIDERATION OF PROPOSAL FOR LEGAL SERVICES: As suggested by the City Manager, it was moved by Councilman Kanel, seconded by Councilman Roberrs and unanimously carried to go into an Executive Session at 5:44 pom~ for the purpose of discussing a personnel matter. The meeting was called back to order at 5:59 p,mo with the following Councilmen present~ PRESENT: Councilmen Kanel, Kenode, Roberts and Harvey ABSENT: Councilman Lacayo RECESS: It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to recess at 6:00 pomo to 7:30 pom~ CALL TO ORDER~ The meeting was called back to order at 7:30 p.mo in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding~ PRESENT: Councilman Kanel, Lacayo, Roberrs and Harvey ABSENT: Councilman Kanode Also present were City Manager/City Clerk Dartell Essex, City Attorney James trickson, and the following members of the City Staff: Dunlap, Grissom, Hernandez, Nodson, Poertner, Savord and Schatzeder~ PLEDGE OF ALLEGIANCE: Councilman Kanel led the City Council and audience in the Pledge of Allegiance. PRESENTATION TO MAYOR PRO TEM KANEL FOR HIS SERVICE AS MAYOR: Mayor Harvey presented Councilman Fanel a MAyor's Plaque in honor of his service as Mayor of the City of Cypress from April 1970 to April 1971. Councilman Kanel expressed his appreciation for the Mayor's Plaque° At the request of Mayor Harvey, the City Manager reviewed what had transpired during the afternoon session of the City Council. COUNCILMAN KANODE ARRIVED AT 7:37 P.M. AND TOOK HIS PLACE ON THE PODIUM. 5 City Council Minutes June 28, 1971 MINUTES: It was moved by Councilman Kanode, seconded by Councilman Kanal and unanimously carried to approve the Minutes of June 7, 1971, as presented, Iu was moved by Councilman Kanel, seconded by Councilman Kanode and unanimously carried to approve the Minutes of June 11, 1971, as presented° It was moved by Councilman Kanel, seconded by Counci]m-n Kanode and unanimously carried to approve the Minutes of June 12, 1971, as presented. In was moved by Councilman Kanel, seconded by Councilman Kanode and unanimously carried to approve the Minutes of June 13, 1971, as presented. ORAL COMMUNICATIONS: Mr~ Michael Osborn, 9532 Sonwell Place, Cypress, addressed the Council as Director of the Miss Cypress Pageant and as a member of the Cypress Chamber of Commerce, requesting the City to share in 50% of the entry fee charged for entering Miss Cypress in the Miss California World Contest. Mr. Osborn advised the Council of the excellent exposure offered by this contest which would be televised and shown on July 18, 1971 from 7:30 to 10:00 p.m. on Channel 5. It was moved by Councilman Kanel and seconded by Councilman Roberrs to place this item on the agenda at this time~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Kanel and seconded by Councilman Roberrs to authorize an expenditure of $75 from the Community Promotional Account to reimburse the Cypress Chamber of Commerce for one-half of the cost of the entry fee for Miss Cypress to enter the Miss California World Contesu~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kunode, Lacayo, Roberrs and Harvey None None Mayor Harvey commended Mr. Osborn for the outstanding work he had done on the Miss Cypress Pageant. In response to an inquiry from Councilman Lacayo, the City Manager advised the delay in receiving the Planning Comm~ssion minutes had been due to the extensive work being performed in regard to the zoning amendments for multiple family development. He further explained that originally the Recording Stenographer was to have taken both Planning Commission and City Council meetings; however, the workload had increased to such an extent that it was impossible for one person to do this work. In response to an inquiry from Councilman Lacayo regarding the policy of the City to consider a zoning matter and conditional ~se permit application at the same time, the City Manager advised it would be mandatory to consider both matters in the case of a P-D Zone as there would have to be a plan submitted in this case. Mayor Harvey commented the best policy for the City Council to adopt, in his opinion, would be one of consistency in considering these applications so that the public would be aware of the City's method of operation and the Staff could schedule the applications accordingly. 6 City Council Minutes June 28, 1971 At this time it was moved by Councilman Roberrs and seconded by Councilman Lacayo to place the matter of the preparation of the Planning Con=nission minutes and agenda on the agenda as Item No. 19A under "New Business". The motion failed to carry by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Roberrs and Lacayo Harvey None It was then moved by Councilman Roberrs and seconded by Councilman Lacayo to place this matter on the agenda for the next regular Council meeting to be held July 26, 1971. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None In response to an inquiry from Mr. Dale Albert, 4203 Teresa, Cypress, Mayor Harvey advised that it was the policy of the Council to allow interested persons to speak on items that are on the agenda at the time the matter is before the Council. PUBLIC HEARING RE: REQUEST FOR A LIVE ENTERTAINMENT PERMIT - LOS ALAMITOS RACE COURSE CLUBHOUSE: The Mayor announced this was the time and place for th~ Public Hearing to consider an application for a Live Entertainment Permit to permit a piano player at the piano bar of the Los Alamitos Race Course Clubhouse. The City Manager presented a report dated June 23, 1971, which indicated the affidavits of posting, publication and mailing of the Public Hearing notice on this matter are on file in the Office of the City Clerk, and no co"-nunications have been received regarding this application. The report further indicated that the Police Department has completed its investigation of the applicant, and finds no cause to protest the application. In response to Mayor Harvey's request as to anyone wishing to speak in favor of the application, Mrs~ Daryle Ellwart, Manager of the Cypress Chamber of Conunerce, addressed the Council stating this application would facilitate the sale of liquor on the premises and would therefore bring additional revenue to the City~ There being no one wishing to speak in opposition to the application, it was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to close the Public Hearing on this application. In response to an inquiry from Councilman Robarts, Chief Savord advised that live entertainment was being provided at the Clubhouse facility. At this time it was moved by Councilman Roberrs and seconded by Councilman Lacayo to grant this Live Entertainment Permit subject to a $25 fine for having failed to apply for a permit prior to providing live entertainment. In response to an inquiry from Councilman Kenode, Chief Savord advised that the current permit which is in effect at the Race Course is in effect until June 30, 1971 and therefore is still in effect at this time° Councilman Roberrs stated on the basis of this additional information the fine would be inappropriate and that with the agreement of Councilman Lacayo would remove that portion of the motion which imposed a $25 fine. This agreement being given, the motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None Councilman Kanel stated for the record that he would never have voted in favor of a motion imposing a fine on this matter° Councilman Kenode conunended the Cypress Chamber of Commerce for their representation of a business in the community in regard to an application before the City Council. - 7- City Council Minutes June 28, 1971 CONTINUATION OF CONSIDERATION OF A PROPOSED ORDINANCE REGULATING MASSAGE PARLORS AND SIMILAR BUSINESS: The City Manager advised that this matter had been continued for some time in order to clarify certain questions raised at the original Council meeting at which this had been considered. He further stated that the recommen- dation on this matter would be to adopt the Ordinance which incorporates the changes as requested by the City Council, Following discussion, it was moved by Councilman Kanel, seconded by Councilman Kanode and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING CHAPTER 15A TO THE CYPRESS MUNICIPAL CODE, REGU- LATING MASSAGE PARLORS, BATHS, SAUNA BATHS, AND SIMiLAR BUSINESS. It was moved by Councilman Kanode and seconded by Councilman Kanel to adopt the first reading of the Ordinance° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN~' Kanel, Kanode, Lacayo, Roberrs and Harvey None None CONTINUATION OF CONSIDERATION OF REQUEST FOR COMMENTS ON THE ORANGE COUNTY DRUG STUDY TEAM REPORT: The City Manager advised that the original Drug Study Team Report, as revised, had been reviewed and the staff recommended support of the program° It was moved by Councilman Kanel and seconded by Councilman Roberrs to support the Drug Study Team Report submitted by the Orange County Criminal Justice Council and to transmit a communication indicating this support° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN~ ABSENT: 0 COUNCILHENs Kanel, Kanode, Lacayo, Roberrs and Harvey None None CONTINUATION OF CONSIDERATION OF ASSESSMENT FOR WEED AND RUBBISH ABATEMENT FOR 1971: The City Manager advised that this item was in accordance with the previous resolution enacted in April ordering the work to be done on properties within the City which were declared as public nuisances under the Weed Abatement Program° He further stated that the resolution before the Council at this time is confirming the assessment and imposing special assessments as liens on each of the parcels° At this time, it was moved by Councilman Kanode and seconded by Councilman Kanel to accept the work on the weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the works The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Kanode and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 1183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES, AND IMPOSING SPECIAL ASSESS- MENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: 8 City C~uncil Minutes June 28, 1971 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Robarts and Harvey None None CONTINUATION OF CONSIDERATION OF CONTRACT RENEWAL FOR CITY TOWING SERVICE: The City Manager reviewed a report dated June 10, 1971, which indicated that the current contract for towing service with Cypress Auto Tow will expire on June 30, 1971 and that Mro Hanson, owner of this company, had requested a renewal of this contract with no change in either the terms or the rates of the existing contract. The report further stated that the Police Department found the service provided by Cypress Auto Tow satisfactory and therefore the renewal of the contract for a one-year period is recom~nended to commence July 1, 1971 through June 30, 1972. In reply to an inquiry from Mayor Harvey, the City Manager advised that the rates had been reviewed and determined to be competitive for this service. It was moved by Councilman Kenode and seconded by Councilman Roberrs to renew the towing service contract with Cypress Auto Tow for the period of one year from July 1, 1971 through June 30, 1972 at the existing terms and rates. In response to an inquiry from Councilman Roberrs, Chief Savord advised that the towing service was contacted by the Police Department for the towing and storage of damaged vehicles in an accident situation, and also used for towing and storage of vehicles in violation of the 72-hour parking limitation, He further advised that if a driver of a vehicle involved in an accident requests the use of another company to tow or store a damaged vehicle that the request would be honored, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None CONTINUATION OF CONSIDERATION OF AUTHORIZATION TO SUBMIT A "LETTER OF INTENT" FOR A HUD GRANT - "LEGACY OF PARKS" PROGRAM: The City Manager reviewed the proposed Legacy of Parks Program which, if funded by the Federal Government, would consolidate several existing open space and beautification grant programs into a single program, The City Manager further reported that the Staff had been pursuing a Joint program with the City of Cerritos and other public agencies on a regional basis as well as developing a program specifically designed for the City of Cypress open space neede~ The City Manager sununarized the City of Cypress proposal which was recoum~ended for approval by the City Council. In reply to Mayor Harvey's inquiry, the City Manager advised that the zoo on the Hettinga property is being considered as a park in conjunction with a subdivision development° In response to Councilman Roberrs inquiry, the City Manager advised that there are funds in the tentative proposal to implement the development of existing drainage channels as right-of-way trail- ways for cyclists and walkers, and $350,000 has been included for this purpose. Councilman Kanode stated he felt this would be a needed program to create parks and open spaces in our community and wherever participation is offered by other Governmental Agencies the City should take advantage of it for the benefit of the citizens~ It was then moved by Councilman Kanode and seconded by Councilman Roberrs to authorize the City Manager to continue to meet with representatives of the City of Cerritos and other agencies on the regional program. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCII/4EN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None 9 City Council Minutes June 28, 1971 It was moved by Councilman Kenode and seconded by Councilman Roberrs to authorize the Mayor to sign a letter of intent on the individual City program° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None In response to an inquiry from Councilman Kanel, the City Manager advised that this action does not freeze the Council into any acquisition of lands on this or any other program as the specific application will have to be submitted at a later date along with further details of the proposal. RECESS: At the request of Councilman Roberrs, Mayor Harvey declared a recess at 8:37 p.m. The meeting was called back to order at 8:45 p.m. with all Councilmen present. CONSIDERATION OF ADOPTION OF THE FISCAL YEAR 1971-72 BUDGET: The City Manager presented the budget massage and reviewed general budget ob3 ectives for the next fiscal year. Several charts were reviewed indicating the growth of popu- lation, expenditures, revenues and other activities within the City. The budget document indicated the City anticipates total available revenues in the amount of $2,537,021 and expenditures of $2,244,204 with the Fund Balance on June 30, 1972 estimated to be $292,817. Following the presentation, the City Manager indicated that this budget pre- sentation would be available to any interested community organization or home- owners associations. The City Manager reviewed the personnel requirements as well as the capital improvements, and indicated that a copy of the 1971-72 budget will be kept on file in the Office of the City Clerk. Mayor Harvey advised the audience that the Council had met for three days and one evening to discuss the budget at which time each Councilman had an opportu- nity to make inquiries of each and every department and that the result of those conference sessions are reflected in this budget document. He further stated that he felt an examination of this budget document would show it to be an equitable budget for the coming year° There being no further discussion by the Council, it was moved by Councilman Kenode and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NOn 1184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1971 AND FIXING THE LIMITATION OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS° In response to Mayor Harvey's request, the City Manager advised that the tax rate for the City would actually be set sometime during the month of August, following the receipt of the assessed valuation for the City~ Councilman KILnel stated he would reserve his discussion of the amount of the tax rate until that time. Councilman Roberie requested the staff to prepare copies of the charts shown during the presentation to insert into each City Councilman's budget document. At this time the motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILHEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None - 10 - City Council Minutes June 28, 1971 CONSIDERATION OF PROPOSAL FOR LEGAL SERVICES: The City Manager reviewed a report dated June 23, 1971, which indicated that as a part of the 1971-72 budget discussions the City Council had requested a proposal from the City Attorney to provide extraordinary legal services for a fixed fee for the coming fiscal year~ The report further stated that a proposal had been prepared by the firm of Rutan & Tucker which provides for a monthly retainer of $1,000 per month plus a fixed fee of $2,000 per month for other legal services, The proposal also included an amount of $250 per month for legal services required for the Cypress Recreation and Park District° Councilman Roberts stated he felt the proposal submitted was a fair and equitable one~ It was then moved by Councilman Roberrs and seconded by Councilman Kenode to accept the proposal dated June 21, 1971 submitted by Rutan & Tucker for legal services for the 1971-72 fiscal year effective July 1, 1971, subject to the withdrawal of the $250 per month fee in connection with the Cypress Recreation and Park District until the Council has had ample opportunity to review legal requirements of the ex officio Governing Board of Directors of the District~ In responseto Councilman Lacayo and Councilman Kanode's inquiries, the City Attorney advised that the $1,000 per month retainer includes the attendance of legal counsel at all monthly meetings of the City Council, Planning Commis- sion, Recreation and Park Commission and any Committees that presently exist or may exist during the course of the fiscal year~ Councilman Kenel stated that the City had been fortunate in the respect that the $1,000 per month retainer had not been increased even though the Council and Planning Commission meetings had been increased substantially during the past year. The motion was unanimously carried by the following roll call vote: AYES: 5 COL~CILMEN: NOES: 0 COONCILMENg ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF CANCELLATION OF STREET SWEEPING CONTRACT: The Public Works Director reviewed a report dated June 21, 1971, which indicated that the current street sweeping service was awarded to Baker's Sweeping Service on March 15, 1971 and than since that time the contractor had used sweeping vehicles that were not in accordance with the terms of the contract and had violated the following specifications of the contract: 3-4 Quality of Work Violation - Excessive sweeping speed 3-5 Statement Required Violation - Statements not submitted as required. 3-7 Log Book Violation - Log Book not submitted, 3-9 Service Schedule Change Authorization Violation - Some areas were swept on days other than on approved schedule~ 3-10 Vehicle Regulations Violation - Some equipment used was more than 4 years old. 3-11 Employee Regulations Violation - Three different operators were used with the employment of a fourth operator imminent. At the request of Councilman Kanel the City Manager read into the record the list of complaints registered by citizens from the period of April 6, 1971 through June 18, 1971. - 11 - City Council Minutes June 28, 1971 Ic was moved by Councilman Lacayo and seconded by Councilmnn Kanode to terminate the contract with Baker's Sweeping Service° Bob Baker, 4372 Jade Avenue, Cypress, addressed the Council stating that the first four complaints mentioned were prior to his sweeping the City and that he had rented equipment while waiting for delivery on his equipment= Mro Baker further advised the Council that he had recently rehired an experienced man to begin sweeping and requested a 30-day extension to give him an opportunity to show improved sweeper service~ James Duncan, 9582 Walker Street, Cypress, requested the Council to consider increasing the sweeping service to weekly on Walker Street for a period of at least the next three months° In response to an inquiry from Councilman Lacayo, the City Manager advised that based on the scheduled sweeping program in the 1971-72 budget that the cost difference between Baker's Sweeping and the R~ F. Dickson Company was $4500 for the fiscal year. Councilman Kanel stated he felt regret that this situation had come to the point that a determination must be made by the Council to terminate the contract with a local individual contractor° Ihe motion carried by the following roll call vote: AXES: 4 COUNCILMEN: Kanel, Kanode, Lacayo and Roberrs NOES~ 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED:I COUNCILMEN: Harvey In reply to an inquiry by Councilman Roberrs, the City Attorney advised that there is no requirement in this type of contract to go to a formal bidding procedure and has been done as a matter of policy rather than legal requirement. It was then moved by Councilman Roberrs and seconded by Councilman Lacayo that the City Staff be directed to contact street sweeper firms to provide street sweeping service acceptable to City standards at the competitive price bid by Baker's Sweeping Service, and that such a firm be awarded the contract to complete the term of the current contract. In response to an inquiry by Councilman Lacayo, the City Attorney advised that this contract does provide for the City to require the defaulting contractor to be held liable for additional costs incurred by the City to contract other serviceso He further advised that the termination of the contract would be effective the date of the adopted motion to terminate° Councilman Kanel stated he would not be in favor of penalizing Baker by charging for additional costs incurred under the provisions of the contract~ Councilman Lacayo stated he hoped the Council would be in favor of the motion on the floor in order to try to work out a cost savings to the City in securing a new contractor. He further stated that he would leave it to the discretion of the City Manager and Staff to try to come up with a new recommendation for street sweeping service by July 1, 1971 so that the citizens will not be without service for more than 5 days° Following discussion the motion was carried by the following roll call vote: AYES: 3 COUNCILMENm NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Lacayo, Roberrs and Harvey Kanode and Kanel None - 12 - City Council Minutes June 28, 1971 It was moved by Councilman Lacayo and seconded by Councilman Kanel to waive the penalty clause in the present contract with Baker's Sweeping Service and to table the .award of contract for street sweeping service until the meeting on Thursday, July 1, 1971. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN NOES: 0 COUNCILMEN ABSENT: 0 COUNCII/4EN Kanel, Kanode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Roberrs and seconded by Councilman Lacayo to authorize the City Manager to enter into an agreement with a sweeping contractor if he is able to negotiate a favorable contract° In response to an inquiry by Councilman Lacayo the City Manager advised that a report would be available for the Council on Thursday, July 1, 1971 so the authorization to enter into an agreement would not be of assistance at this point, Councilman Roberrs stated that in view of the City Manager's comments, that to move on such a motion would not be of assistance, he would withdraw the motion on the floor, following which Councilman Lacayo withdrew his second to the motion. CONSIDERATION OF CONDE~ATION OF CERTAIN PROPERTY FOR STREET IMPROVEMENTS - KNOTT TO VALLEY VIEW STREET~ ON ORANGEWOOD AVENUE,PROJECT #7203-10-0.5~ PHASE I: 'Ihe City Manager reviewed a report by the Public Works Director dated June 23, 1971, which indicated that the County of Orange had requested that the street improvement project be divided into two phases and that in orderto proceed with the work the right of way must be acquired° The report further indicated that negotiations with the property owners are proceeding slowly because of possible ownership changes on the Harvey property and in order to avoid further delay the City should be prepared to condemn the necessary right of way° Condemnation would be used only in the event that negotiations are not successful° It was mo ~ed by Councilman Roberrs and seconded by Councilman Kanode to authorize initiation of eminent domain procedure to acquire portions of Assessor's Parcels #130-142-03, #130-151-04 and #224-063-333 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOESI 0 COUNCILMEN~ ABSENT~' 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None In response to Councilman Lacayo's inquiry, the Public Works Director advised that if legal proceedings were initiatedon June 29th that the procedure would not be effective until 30 days from that date° It was moved by Councilman Roberrs and seconded by Councilman Kanode to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 1185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN TEE COUNTY OF ORANGE, STATE OF CALI- FORNIA, AND DECLARING TEE PUBLIC NECESSITY THEREFOR. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN~ Kanel, Kanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF APPROVAL OF IENTATIVE TRACT NOo 7429: Having received a copy of Tentative Tract Map No. 7429 this date, Councilman Roberrs stated he had not had sufficient time in which to review this map. It was then moved by Councilman Roberrs and seconded by Councilman Lacayo to continue this matter to the next regularly scheduled City Council meeting~ The motion failed to carry by the following roll call vote: - 13- CITy Council Minutes June 28, 1971 AYES: 2 COUNCILMEN: Lacayo and Roberrs NOES: 3 COUNCILMEN: Kanel, Kanode and Harvey ABSENt: 0 COUNCILMEN: None The City Manager indicated that the Planning Commission recommended approval of Tentative Tract Map #7429, which is located on the east side of Valley View Street, approximately 400' north of the centerline of Ball Road, sub- mitted by Presley Development Company, Newport Beach, California. The Secretary to the Planning Commission then reviewed a report dated June 23, 1971, which indicated that the tract consists of 6°2 acres, and is submitted under the Optional Design provision of the City Code. The report further indicated that the Planning Commission voted to recommend approval to the City Council at its meeting of June 3, 1971 and outlined the 28 conditions which were recommended by the Planning Commission° In response to an inquiry from Councilman Lacayo, the Secretary of the Planning Commission advised that the Planning Commission had requested the developer to maintain a minimum 15 foot side yard on Valley View Street frontage and 10 foot side yards wherever else possible. In reply to Councilman Robert's question, the Secretary of the Planning Commission advised that the houses in the adjacent tract have 6,000 sq. ft. lot dimensions for 2 story houses~ It was then moved by Councilman Kanode and seconded by Councilman Kanel to approve Tentative Tract Map 74290 Councilman Roberrs urged the defeat of this approval based on the fact that the 3 extra lots on this tract are not compensated for by landscaping fees imposed and that the square footage of the lots on the cul-de-sac streets are substandard= Councilman Lacayo expressed concern that the tract maps had not been received prior to their consideration at this evening's meeting. The conditions of approval are as follows: Drainage fees shall be paid in accordance with the Master Plan of Drainage° 2~ Drainage shall be solved to the satisfaction of the City Engineer. 30 Drainage easements shall be dedicated to the City as required. 4~ Street lights shall be installed per City Standards~ 5~ Advance street light energy charges shall be paid, 6~ Street trees (15 gal.) shall be provided in accordance with the street tree policy. 7o Four (4') foot tree wells shall be required on all streets having walks adjacent to the curbs, per City Standards. 8. Sidewalks adjacent to curbs shall be 5.5 feet in width, with five (5') foot parkway and public utility easements° 9= Minimum street grades shall be 0~20%0 10. All lots shall drain to the front with a minimum of 1% grade. ll~ Cul-de-sac shall have forty-three and one-half (43~50') feet radius. Valley View Street (60') half street shall be dedicated and fully improved in accordance with the Master Plan of Street and Highways~ (Valley View shall be constructed with full landscape center median and automatic sprinkler system and shall be designed so that further extension of the system is possible)° The design of sprinkler system shall be approved by the City Engineer. Cost shall be on a pro-rata share. - 14 - City Council Minutes June 28, 1971 13, All streets shall be dedicated and improved within the boundaries of the tract° 14~ All pedestrian and vehicular access rights shall be dedicated to the City of Cypress for those lots abutting Valley View Street° 5o All fifty-one (51') foot streets shall be improved with forty (40') feet of paving curb to curb° All forty-seven (47') foot streets shall have thirty-six (36') feet of paving curb to curb~ 160 Location of all street furniture shall be approved by the City Engineer. 17o Interior street structural sections to be based on recommendation of soils report by soils engineering firm acceptable to the City Engineer with street structural sections to be determined by using ToI~ of 5 for streets with forty (40') feet of paving and T~Io of 4.0 for streets with thirty-six (36') feet of paving. Valley View Street uses ToI. of 9.1. 18o All secondary and primary utility services shall be underground. l~ae developer shall install aturfed parkway cn Valley View Street with 15 gallon trees forty (40') feet on center end automatic sprinkler system shall be designed so that further extension of the system is possible. The design of the sprinkler system shall be approved by the City Engineer. 20~ A 6 foot high concrete block wall shall be constructed along the Orange County Flood Control District right-of-way° 21. Driveway should be located on south side of Lot 180 22 Plan check and inspection fees amounting to 3%% of the public improvements shall be paid° Developer to pay optional design fee In the amount of 6% of the total value of the land. Fees are to be used for landscaping of the Valley View Street median or improvement of trailways along the Carbon Creek Channel~ There will be 3' x 5' tree wells to be provided at the intersection of the lot lines with the Valley View Street right-of-way~ (5 tree wells). 25° A matching 6 foot high block wall similar to the tract immediately to the north shall be constructed along those lots fronting, siding or backing up to Valley Views Tree planting inserts to be provided. 26~ Tree planting along Valley View Street to be in compliance with the Arterial Street Tree Plan of the Townscape Element° 27. An opening in the Valley View Street median will not be permitted at the entrance to the tract° 28D A minimum 15 foot side yard (Valley View frontage) to be maintained on lot #33. In addition, 10 foot side yards to be provided wherever possible. The motion to approve Tentative Tract Map #7429, subject to the above conditions, carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode and Harvey Lacayo and Robarts None - 15 - City Council ~nutes June 28, 1971 CONSIDERATION OF AGREEMENT WITH THE COUNTY OF ORANGE FOR FIRE PROTECTION SERVICES: The City Manager reviewed a report dated June 24, 1971, which indicated that the Government Code amendment adopted by the State Legislature in 1970 required the County to levy fire protection tax rate only on those areas deriving and benefiting from such fire protection services, and that the Orange County Board of Supervisors had adopted a resolution which exempts cities contracting for fire protection services from making extra payments for calls other than structural fires. The report further stated that the City of Cypress has paid an annual cost for these services in excess of 850,000 and that although the Structural Tax Rate will increase slightly the new programwill represent an overall savings to the residents of Cypress. The report further indicated that the new policy requires the City and County to enter into a new agreement to become effective July 1, 1971 through June 30, 1976 subject to termination by either party by written notice twelve months prior to June 30th of any year, and that the agreement further cancels all prior fire protection service agreements. It was moved by Councilman Kenode and seconded by Councilman Kanel to approve the Fire Protection Service Agreement and authorize the Mayor to sign and the City Clerk to attest the signature subject to approval as to form by the City Attorney. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF USE FOR THE FORMER WATER DISTRICT BUILDING: The City Manager reviewed a report dated June 24, 1971, which indicated that the City has received a formal request from the Cypress Chamber of Commerce Board of Directors requesting the City Council to consider relocating the present Chamber office to this facility. The report further indicated that such a relocation would offer the City Manager an opportunity to reevaluate the space needs in the west wing of the City Hall. The report also stated that the Staff is in the process of obtaining bids for repainting of the interior portion of the subject building in accordance with the agreement with the Board of Directors of the Cypress County Water District° It was moved by Councilman Kenode and seconded by Councilman Kanel to request the City Manager and City Attorney to prepare a lease agreement between the City and the Cypress Chamber of Commerce for the use of the City building at 9471 Walker Street, to be presented to the City Council at the regular meeting scheduled for July 12, 1971, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF RELOCATION OF CROSSWALK ON BLOOMFIELD STREET ACROSS FROM THE THOMAS JEFFERSON ELEMENTARY SCHOOL: The City Manager reviewed a report dated June 23, 1971, which indicated that the Advisory Traffic Conunities considered a communication from the City of Los Alamitos, which had been referred by the City Council, requesting the relocation of a crosswalk on Bloomfield Street to the vicinity of the bridge at the Carbon Creek Channel to discourage children from walking across the parking lot of the Thomas Jefferson Elementary School. The report further stated that the Committee recommended that the crosswalk remain at the present location since the present location is in a lighted area which is an advantage in night crossing, and that the requested change would not provide such light. The Advisory Traffic Committee further suggested that a low wall or fence or the possible addition of planting along the parking lot area would discourage the children from crossing the parking lot. The Committee advised they found there was sufficient sight distance between the crosswalk and the vicinity of the bridge to allow safe stopping even at speeds higher than those normally encountered in this area, - 16- City Council Minutes ~une 28~ 1971 In reply to an inquiry from Councilman Roberrs the Public Works Directcr advised that the State Planning Manual standards of 3°75 feet was used tostudy the sight distance from the street level to the driver eye level. At the request of Mayor Harvey, the Public Works Director pointed to the area on the aerial map of the City~ Mr~ Larry Ernsten, 13281 Arizona Street, Westminster, principal of Jefferson School presented the Council with a diagram of the school area, stating that the traffic problems in the school parking lot area could be decreased if the crosswalk was rolecared to the area of the bridge° He further advised the Council that the Los Alamitoe City Council at its May 24, 1971 meeting unanimously approved this relocation request, but that the motion was contingent upon the approval of the Cypress City Co,mcil as this area is the boundary between the uw3 cities~ In response to an inquiry from Councilman Roberrs, Mro Ernsten advised that the children begin school at 8:30 a.m. and 9:00 a~m. which is subsequent to most of the adult work traffic in this area. Mrs° Jean Long, 9941 Kyle Street, Los Alemites, President of the Jefferson PTA, addressed the Council presenting a Minute Action Form from the City Clerk of the City of Los Alemites stating that Mrs~ Long had presented the City Council with a petition containing 134 signatures as proponents of the relocation of the subJ act crosswalk, and urged the City Council for this favorable consideration cf the relocation of the crosswalko it was moved by Councilman Lacayo and seconded by Councilman Robe=re to relocate the crosswalk presently adjacent to Jefferson Elementary School to the Carbon Creek Channel on Bloomfield Street° Mr. Dan Alperr, 4203 Teresa Avenue, Cypress, addressed the Council speaking in favor of the relocation ef the crosswalko Ln response to an inquiry from Councilman Kanel the City Manager advised that the crosswalk was changed from the bridge to its present location in 1969 when the street improvements on Bloomfield had been accomplished and that the crose- walk located on the bridge had been an interim measure, Mayor Harvey expressed concern that the children in the Larwin Tract would not use the crosswalk, if rolecared, as it would not be the most direct route to the school, which could result in a hazardous situation° Mro Harry Waringot, 4223 Teresa Avenue, Cypress, spoke in favor of the reloca~ion of the crosswalk. Councilman Lacayo then amended the motion tO include that a study be made and better markings be provided on the crosswalk when relocatedo As second to the motion, Councilman Roberrs indicated his agreement to this amendment° At the advice of the City Staff that the crosswalk, if rolecared, would be entirely in the street right of way of Los Alemites, Councilman Lacayo changed his motion to authorize the relocation of the crosswalk on Bloomfield to the Carbon Creek Channel bridge area and request the City of Los Alemites provide additional street signs for the protection of the pedestrian crossing° Council- man Roberrs, as second to the motion, indicated his approval of this amended motion. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo and Roberts Harvey None - 17 - City Council ~nutes June 28, 1971 It was then moved by Councilman Kanel and seconded by Councilman Lacayo to request the City Staff to conduct a visual observation of Larwin Avenue crossing to Jef- ferson School to determine if this area is being illegally crossed by the children, and request the assis tahoe of the Principal of Jefferson School in this observation, to report back to the City Council several weeks following the implementation of the relocation of the crosswalko The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN~ ABSENt: 0 COLrNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None RECESS: Mayor Harvey declared a recess at 11:22 p.m~ The meeting was called back to order a= 11:27 p~mo with all Councilman pTesento CONSIDERATION OF REQUEST FOR ADDITIONAL APPROPRIATIONS - 1970-71 ~.LrD. GET: The City Manager reviewed reports dated June 23 and June 28, 1971, w~ich indicated that the Finance Department is in ~he process of completing the year-end posting to all expenditure accounts for the 1970-71 fiscal year and that it appears several accounts require additional appropriations in the total amount of $47,993 in crde~ to complete the financial transactions of the fiscal year° In response to an inquiry by Councilman Roberrs, the Finance Director advised that bills ~or Accoun~ 420-18, City Attorney Contractual Services, had been charged for the past several montbs~ In reply to Councilman Robert's inquiry the City Manager advised that the monthly and quarterly financial suetamends reEloct ~he status of all the accounts of the City ~hroughout the year, and that all litigation matters are approved by the City Council prior to their implementation. Councilman Roberrs stated he would like to have available for Council review all accounts which will become overdue rather than to be advised of it several months subsequent° At the request of Councilman Lacayo, the City Manager reviewed ~he reasons for the needed appropriations in the listed accounts~ Councilman Kanode stated ~hat since most of ~he appropriations are year-end clean up ite~ and that the City Council was responsible for the additional City Attorney cDsts, he would be in favor oi a~hozizing this appropriation. was then moved by Councilman Kenode and sezonded by Councilman Kanel to authorize an appropriation of $47,993 from the Fund Balance of the General Fund to the following accounts: 410-06 $ 25,00 500-16 $ 600,00 410-19 90~00 500-41 925.00 420-18 17,700o00 505-01 950°00 425-10 43°00 505-18 1,753o00 425-16 50°00 510-18 450~00 425-19 180,00 610-42 400100 425-30 30,00 7003-10 12,000~00 425-33 10o00 7047-10 9,712~00 460-33 800~00 7203-10 500~00 500-11 1,775o00 l~e motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel~ Kenode, Lacayo, Roberrs and Harvey None None - 18- City Council Minutes June 28, 1971 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NOo 26894 THROUGH 27043: It was moved by Councilman Kanode and seconded by Councilman Lacayo to approve the Com~nercial Warrant List for Warrants No. 26894 through 27043 in the total amount of $96,925.76, The motion was unanimously carried by =he following roll call vote: AYES: 5 COUNCILMEN~ NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, R~berts and Harvey None None CONSIDERATION OF SECOND READING OF AN ORDINANCE RE: ZONE CHANGE Z-198: It was moved by Councilman Kanode, seconded by Councilman Roberrs and 6nanimously carried to read the following Ordinance by Title only~ Title of the Ordinance is as follows: ORDINANCE NOo 453 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO~ 90, BY CFa~NGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (SINGLE FAMILY RESI- DENTIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL) AND KNOWN AS ZONE CHANGE Z-198. It was moved by Councilman Kanode to adopt Ordinance No. 453° There being no second to the motion, the City Attorney advised that this matter would continue to the next regular meeting until disposition had been made of the ordinance. The City Manager reviewed the previous Planning Staff Report outlining the recoumendation of the Planning Commission to grant the zone change on a 3-2 vote, Commissioners Cardoza and Evans voting against the zone change because they felt the density was too high° The City Manager further reviewed prior City Council action on this zone change which indicated that the motion to adopt the first reading of the ordinance had carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN~ ABSENT: 0 COUNCILMEN~' Kanode, Lacayo and Roberrs Kanel and Harvey None Mr. Derek Hemblaugh, 1023 Eo Chapman Avenue, Fullerton, addressed the City Council speaking in favor of the adoption of the ordinance authorizing the zone change. Councilman Lacayo stated he was still in favor of the adoption of the ordinance and seconded the motion on the floor. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanode, Lacayo and Roberrs Kanel and Harvey None ORAL COMMUNICATIONS: There were no oral communications at this time. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Kanode to place the matter of the possibility of establishing an Industrial Commission to be placed on the agenda for the regular meeting of July 12, 1971. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None - 19 - City Council Minutes June 28, 1971 ADJOURNMENT: It was moved by Councilman Roberts, seconded by Councilman Lacayo and unanimously carried to adjourn at 12:05 aom~ to July 1, 1971 at 7:30 p0m., at 9471 Walker Street, Cypress. ATTEST: MAYOR OF THE CITY OF C~SS - 20 -