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HomeMy WebLinkAboutMinutes 71-08-09MIEr0TES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 9, 1971 The regular m~eting of the Cypress City Council was called to order at 4:00 p.m., on Monday, August 9, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Com~cilmen Kanel, Lacayo, Roberrs and Harvey ABSENT: Councilman Kanode Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, and the following members of the City Staff: Dalton, Dunlap, Schatzeder, and Nudson. The City Manager reviewed the various items contained in the August 9, 1971 Progress Report. COUNCILMAN KANODE ARRIVED AT 4:05 P .M., AND TOOK HIS PLACE ON THE PODIUM. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to place a matter concerning the legal counsel for the Cypress Recreation and Park District on the agenda as Item No. 37 a. 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 Roberrs and seconded by Councilman Lacayo to place on the agenda as Item No. 18 a, a matter regarding LAFCO reorganization, In answer to an inquiry from Councilman Kanode, the City Attorney indicated that the lawsuit between Reinhart vs. the City has been dismissed. Mayor Harvey then etated the selection committee, composed of the Mayors of cities in Orange County, met at 7:00 a.m., this morning on the ~courthouse lawn, at which time Mr. Reinhart was elected to fill the vacancy created by Mr. Hyde. In answer to an inquiry from Councilman Reberts, Mayor Harvey indicated that 20 Mayors were present at the morning meeting, and 22 were present at a meeting held at 12:00 noon, and that Mr. ReiD_hart won on the first ballot, and a unanimous ballot was then cast at the noon meeting. Councilman Reberts stated that it was his intention to assure that by direction of the City Council, Mayor Harvey would be directed to cast a ballot for himself to fill the vacancy. He stated that he was personally appalled that Mr. Reinhart had been able to gain those who are his backers, by this kind of mechanism. He added, that he felt the County is going to suffer seriously by this action. In answer to an inquiry from Councilman Kanel, Councilmsm Roberrs stated that he did not feel the Mayors were engaged in any machination; and that if he had been a Mayor attending the meeting, once the matter had been resolved, he would have wanted to make it a unanimous ballot as well. He stated that there has come a time in the League of Cities where there is a need for solidarity regardless of who the person is. He added, that he was outraged that Mr. Reinhart used a lawsuit as a mechanism to lever his way back into that situation; and that if he had had the opportunity, he would have done every feasible thing he could to remove him from that position. Councilman Reberts further stated that personally, he felt that the League of Cities should have stood firmly once the election had been made° City Council Minutes August 9, 1971 Councilman Lacayo stated that he seconded the motion as it is a controversial item. He then requested that possibly a smell period at each meeting of the City Council could be devoted to the Mayor giving a progress report regarding the meetings that he has artended. Councilman Roberrs and Councilman Lacayo withdrew their motion to place the item concerning the LAPC0 matter on the agenda. MINUTE S: It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to approve the Minutes of June 28, 1971, as presented. It was moved by Councilman Roberrs, seconded by Councilman K~ode and unanimously carried to approve the Minutes of July 1, 1971, as presented. Councilman Kanel stated that he wished the Minutes of July 12, 1971, to reflect a statement which he had made with regard to a block wall fence in reference to Conditional Use Permit No. C-250; therefore, the tenth paragraph on page 12 will be amended to read as follows: "Councilman Kanel indicated that he was not quite in agreement with the developer's philosophy regarding "open-space" when he referred to the chain-link fence. He stated that he would prefer to see a block wall fence along the north and west property lines; as well as along the channel on the southern property line. Following further discussion, it was the general consensus of the City Council that a condition would be imposed which would require a decorative block wall fence along the north, west and south property lines. Mayor Harvey than declared the Public Hearing closed," Considerable discussion was held regarding corrections to and the discussion contained in the City Council Minutes. The City Attorney advised that the City has been using the Martin & Chapman system ineofar as the corrections are concerned. He further commented that all that is required, by law, to be placed in the Minutes, is a record of the actions taken by the City Council. Councilman Roberrs stated that he preferred to have the Minutes approved by the City Council, after they had been corrected. In answer to an inquiry from Councilmen Kenode regarding a delay in adopting the Minutes, the City Manager indicated that a problem would be created, as there are a number of actions which are taken by the Council which must be transmitted to other agencies. He advised that these actions cannot be transmitted until the Minutes have been approved by the City Council. The City Attorney advised that there were two courses of action which the Council could take in the event there were amendments to the Minutes: (1) If the change were a minor technical change, the Minutes could be approved subject to the correction; and, (2) If the change was more substantial, and the Council did wish to review the correction, the Council could meke a Minute Action which would request that the Minutes be changed in a certain fashion and resubmitted for approval. Councilman Kanel stated that he was the Minutes, and suggested that the pages as corrected, duplicated, and not opposed to the current system of correcting Council might consider having the page or presented to them at their next meeting. It was moved by Councilhum Kanel, seconded by Councilman Kanode and unanimously carried to approve the Minutes of July 12, 1971, as amended. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to adopt a Minute Order which would modify the Council policy by directing the City Clerk to assure that in the future, Minutes which are amended, will be physically reconstructed to their proper form before they are approved by the City Council. Coancilman Roberts then stated that he wanted to be assured that the set of Minutes kept on file as the official record of the City, contain the corrections in the particular set of Minutes in which the amendments were mede. The City -2- City Council Minutes August 9, 1971 Manager advised that it has been the policy of the City to incorporate the changes to the specific set of Minutes which were amended by the City Com~cil, to those Minutes which are contained in the Minute Book. on file in the City Clerk's file, and which a~e the official record of the City. He added, that the set of Minutes which is presented to the City Council, whlch includes the amendments made to the previous set of Minutes, is to make the Council aware of the changes as they appear in the Minute Book, which contains the Minutes in their approved form. Councilman Roberrs indicated that this was the manner in which he had desired the corrections to be made; following which, both he and Councilman Lacayo withdrew their previous motion. It was then moved by Councilman Roberrs and seconded by councilman Lacayo to adopt a Minute Order directing the City Clerk to forward a copy of the corrected page of the set of Minutes which are the official record of the City, to each Councilm~n. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None The City Manager indicated that a request had been received from the Cypress Boy's Club regarding the use of Texaco Park for the construction of a Boy's Club facility. He indicated that because of various problems which might result in the use of this land for a facility, it was suggested that perhaps the Boy's Club might consider purchasing acreage of the property located at Denni and Orange Avenue~ He further indicated that should this be the case, the City may wish to consider acquiring the reminder of the property for recreation and park purposes~ Councilman Kanel indicated that the City should investigate the possibility of acquiring the property located at Orange and Graham Street, which is controlled by the school board. He then requested the City Manager to direct the Staff to study this matter, and to report back to the City Council in September, 1971. It was moved by Councilman Lacayo, seconded by Councilman Kanode and unanimously carried to place the matter of park acquisition on the agenda for the City Council meeting scheduled to be held on September 13, 1951, taking into consideration the request from Councilman Kanel. Mayor Harvey indicated that he had spoken with the President of the school board relative to the 15 acres of property which Councilman Kanel referred to, and the indication was that a decision will be made on the property within the year, and very possibly within six months. He indicated that the decision will be made pending the activities at the Los Alamitos Naval Air Station. Discussion was held regarding the City's sign Ordinance, which is under study by the Staff. It was the general consensus of the City Council that the Chamber of Co~nerce should be involved in this matter. Councilman Lacayo indicated that he would like to have a pictorial display of signs in the City presented to the Council, along with the report. Councilman Kenode stated that he would like the Staff to take into consideration, the difference between Highway Commercial and C-1 or C-2 co~m~ercial areas. The City Manager then reviewed the status of the swimming pool at the Tara Hill Apartments, stating that the Health Department has indicated that the pool was not found to be unsanitary. At the request of the City Manager, it was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to place on the agenda for consideration at this time, an item pertaining to standards and holders for the City flags which have been ordered. - 3- City Council Minutes August 9, 1971 It Was moved by Councilmm~ Kanel and seconded by Councilman Lacayo to approve the request of the Calicosttes for one flag standard and holder. The motion was unanimously carried by the following roll call vote: AYES: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Fanel, Kenode, Lacayo, Roberrs and Harvey None None Following a brief summary regarding the status of the motorcycle problem on the Lindeboom property, it was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to consider at this time, and continuing until 6:00 p am., items on the agenda, beginning with Item No. 2 ~ AWARD OF CONT.RACT FqR .S~.Um~ SEAL O~ VA~.!.QU~ .qITY S_~T_REETS, PRQJECT #7206-~0: The City Manager presented a report dated August 3, 1971, from the Public Works Director, which indicated that funds were included in the 1971/72 FY budget for the applicati~n of slurry seal to various City streets in order to replace the loss of surface fines and asphalt at the pavement surface in order to prevent further deterioration as a preventative maintenance function ~ It was moved by Councilman Lacayo and seconded by Coancilman Roberrs that the lowest and best bid was submitted by Asphalt Coating Co. for the application of slurry seal on City streets, and to award the contract to Asphalt Coating Co., P.O, Box 2809, Fullerton, California, as per their proposal dated July 30, 1971 in the amount of $17,985.00. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None AWARDOF CONTRACT FOR THE FISCAL YEAR 1~71-Z~ WE__ED~ABATEMENT i~ROGltAM: The City Manager presented a report from the Public Works Department, dated August 4, 1971, which outlined the bids which were received, and stated that Phase I of the contract will be used currently to abate the seasonal, recurrent weeds growing on the parcels with no'_tfication by post card, since parcels were previously listed in the spring of 1972; and Phase II of the contract will be used in the Spring of 1972, and that under this program, the parcels will again be canvassed and listed and the City Cot~lcil will be presented a new Resolution for consideration of weed abatement similar to the Resolution adopted on April 12, 1971. It was moved by Counci-lman Kanel, seeee~!~y~ounciI~an Kenode and tmanimously carried to approve Phase I of the Weed Abatement Program for the 'Fiscal Year 1971, and to direct the Engineering Division to notify the property owners concerned of the proposed abatement, It was moved by Councilman Kenode and seconded by Councilman Kanel to determine that the lowest reponsible bid was submitted by Edwin Webher, Inc., and to award an annual contract in the amoant of $25,618,00 for the 1971-7l Weed Abatement Program to Edwin Webbet, Inc., 8472 Rembrandt Drive, Huntington Beach, California, as per their proposal dated August 4, 1971. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None CONSENT CALENDAR: The Mayor announced that all matters listed on the 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. - 4 - City Council Minutes August 9, 1971 It was m~ved by Councilmen Lacayo, seconded by Councilman Kanode and unanimously carried to approve Items No. 4 through 13 on the Consent Calendar. Item No. 4: Consideration of request for publications from the State Librarian~ Recommendation: Receive and file the coz~nunication. Item No. 5: Consideration of communication from the Orange County Mosquito Abatement District. Recon~nendation: Receive and file the communication. Item No. 6. Consideration of communication from Mrs. Borg suggesting additional green belt and recreational areas for Cypress. Recommendation: That the City Council request the City Manager to advise Mrs. Borg of the status of the City's plans for acquiring additional park and recreational land facilities. Item No. 7: Consideration of notification of Public Hearings relating to changes in the State Highway System based on functional classification. Recommendation: Receive and file the communication. Item Noo 8: Consideration of communication from the State Department of Public Works advising of a new policy on freeway and transportation planning. Recommendation: Receive and file the communication Item No ~ 9: Consideration of request from the City of Los Alamitos to communicate to the Secretary of Defense in opposition to the use of the Los Alamitos Naval Air Station for helicopter training. Reco~mendation: That the City Manager be requested to direct a communication to the Secretary of Defense, Melvin Laird, expressing opposition of the CyFess City Council to the possible use of the Los Alamitos Naval Air Station for Army Reserve helicopter training. Item No. 10: Consideration of request cf support to acquire the Los Coyotes Park site by the County of Orange. Recommendation: Receive and file the communication. Item No. 11: Consideration of communication from the City of Los Alamitos requesting deannexation of a portion of Katella Avenue. Reco~nendation: That the City Council request the City Manager to advise the City of Los Alamitos that the alteration of City boundaries in the vicinity of Katella and Valley View should await a decision as to the ultimate development of the Los A/amitos Naval Air Station. Item No ~ 12: Consideration of adoption of a Resolution requesting the establish- ment of a United States Courtroom facility in Santa Ana. Recommendation: That the City Council adopt a Resolution supporting the establishment of a Federal Courtroom facility in Santa Ana~ Title of the Resolution is as follows: -- RESOLUTION NO. 1192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE CREATION OF A UNITED STATES DISTRICT COURT ROOM FACILITY IN SANTA ANA, CALIFORNIA o 5 City Council Minutes August 9, 1971 I~em Noo 13: Considenation of adoption of a Resolution cormmending Boy Scout ~anald Cole on achie~ving the rank of Eagle Scout, Reconmendation: Fast the City Com~cil adopt the Resolution comnending Boy Scout Ronald Cole on achieving the rank of Eagle Scout~ Title of the Resolution is as follows: RESOLUTION NO. 1193 A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF CYPRESS COMMENDING BOY SCOUT ltONALD COLE ON ACHIEVING THE RANK OF EAGLE SC0UT~ CONTINUATION OF CONSIDERATION OF TENTATIVE TRACT MAP 6719--S~_AGEPUMP STATION REIMBURSEMENT AGI~EMENT: At the request of the City Manager, it was moved by Councilman Lacay~, secDnded by Councilman Roberrs and unanimously carried to continue this item to the next regular meeting of the City Council scheduled tc be held on August 23, 1971o CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS~ ~ER~qATION OF RIGHT- OF-WAY AND AUTHORIZATION TO ADVERTISE FOR BIDS--PROJECT #7103T!0-0568, PHASE I: The City Manager reviewed a report dated july 30, 1971 from the Public Works Director, which indicated the 0rangewood Avenue, fromKnott Street to Valley View Street, construction project was authorized by the City Council for inclusion in the FY 1970/71 construction program~ It was moved by Councilman Roberrs, seconded by Councilma~l Lacayo and unanimously cazried to approve the plans and spa~_~fications for improvement of 0rangewood Avenue from Valley View Street to Knott Street, Project #7103-10-0568, Phase I, and to authorize the City Clerk to advertise for bids subject to approval of the Orange County Road Department~ Ic was mo~ed by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to authorize the Mayor to sign the right-of-way certification, and the City Clerk to attest to his signature~ it was moved by Cotmcilman RobeYts, seconded by Councilman Lacayo and unanimously carTied t~. consider Item No, 21 on the agenda at this time. CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS, ANp RELEASE OF BONDS FOR TRACT #6705: The City Manager presented a report dated July 30, 1971,' from the ~ublic Works DiretroY which indicated that the public improvements in Tract #6705 have been satis- factorily completed in accordance with plans and specifications; however, certification by the developer's landscape architect that the street trees have been planted according to City specifications has not been recetved~ It was moved by Councilman Lacayo, seconded by Councilman Kenode and unanimously carried to accept the public improvements in Tract #6705 as being satisfactorily completed in accordance with plans and specifications and to authorize the City Clerk to release the monumenterich bond and the labor and material bond upon expira- tion of their required lien period, providing no mechanic liens are filed, with the performance bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship, and subject to the completion of the following condition: Certification of street trees by a landscape architect~ CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT #6657: The City Manager presented a report dated July 30, 1971, from the Public Works Director, which indicated that the public improvements in Tract #6657 have been satisfactoTily completed in accordance with plans and specifications; however, certification by the developer~s landscape architect that the street trees have been planted according to City specifications has not been received, It was moved by Councilman Lacayo, seconded by Councilman Kanode and unanimously carried to accept the public improvements in Tract #6657 as being satisfactorily completed in accordance with plans and specifications, and to authorize the City -6- City Council Minutes August 9, 1971 Clerk to release the monumentation bond and the labor and material bond upon expiration of their required lien period providing no mechanic liens ar filed, with the performance bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship and subject to the con~letion of the following condition: Certification of street trees by landscape architect. CONSIDERATION OF ACQUISITION OF R!GHT~ QF_WAy, ~-A-1 STORM DRAIN: The City Manager presented a report dated July 23, 1971, which indicated that in 1969 the City of Cypress built the 4-A-1 storm drain from Walker Street, north of Lincoln Avenue in the Southern Pacific right of way~ to a point south of Lincoln Avenue and generally opposite the extension of Bishop Street. The report indicated that a further extension of the right of way for this project was requested of the Southern Pacific Company in order to provide a storm drain easement to the future Post Office siteo It was moved by Councilman Roberrs and seconded by Councilman Kenode to authorize the Engineering Division to continue negotiations with the Southern Pacific Railroad Company for right of way for the 4-A-1 storm drain at the price of $5,375.00 as quoted b~ the Southern Pacific Company. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to proceed to Item No. 25 at this time. CONSIDERATION OF DESIGNATION OF VOTING DELEGATE AND ALTERNATE TO THE LEAGUE OF CALIFORNIA CITIES CONFERENCE: The City Mana~r presented ~ ~&~ 'a~d August 5, 1971, which indicated that the League of California Cities has requested each City Council to designate a voting representative and an alternate to cast votes on behalf of the City in matters affecting municipal or League policy which will be discussed at the business session of the Annual League Conference in San Fran- cisco, September 26-29, 1971~ Councilman Roberrs moved to appoint Mayor Harvey as the voting delegate to represent the City. Mayor Harvey indicated that he may not be able to attend the conference. Councilmen Roberrs motion died for a lack of a second. It was moved by Councilman Lacayo to nominate Councilman Roberrs as the City's voting delegate to the conference. Councilman Lacayo's motion died for a lack of a second. It was moved by Councilmam Roberrs to appoint Councilman Kenode as the voting delegate and Councilman Lacayo as the alternate. Coancilman Kenode indicated that he would prefer to withdraw his name as there was doubt as to whether or not he could attend the conference on the day that the voting will take place. Councilman Robert's motion died for a lack of a second. It was moved by Councilman Kenode and seconded by Councilman Kanel to appoint the Mayor and the Mayor Pro-tom as the voting representative and alternate to cast votes on behalf of the City at the Annual League Conference. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF INCREASED CITY PARTICIPATION IN EMPLOYEE LIFE INSI/RANCE PROGRAM: The City Manager reviewed a report dated Adgust 5, 1971, which indicated that during the salary and fringe benefit discussions held December of 1970 with the - 7- City Council Minutes August 9, 1971 Employee's Association representatives, it was agreed that the City Menager's office would review the life insurance program of the City to consider a possible increase in the amount of City contribution for the life insurance benefit and to consider an improved life insurance program which would make larger the amount of term insurance available to interested employees, It was moved by Councilmm~ Lacayo and seconded by Coumcilman Kenode to authorize the City pa~ticipation for the employee life insurance program to the extent of the full cost of the first $1,000 of insurance, as outlined in the report. The motion was unenimounly 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 AN ORDINANCE AMEND!Nq THE. CITY C.O. DE RE: _SPEC~I_AL PERMIT AND BUSINESS LICE~S~ ~E~S FOR SOLICITORS: The City Manager presented a report dated August 5, 1971, which indicated that the City Council adopted an Urgency ordinance on May 10, 1971, which is due to expire on August 10, 1971, amending sections 15-59, 15-67.1B end 15-45 of the Cypress City Code regarding Special Permit end Business License Fees for solicitors. The report stated that the amendments added a provision which would allow the waiver of certain fees by the City Council when deemed appropriate. The report further stated that in the event the City Council wishes to make these changes on a permanent basis, an Ordinance has been prepared amending the Codes as orignally amended in the Urgency Ordinance. It was moved by Councilman Roberrs, seconded by Councilmen Kenode end unanimously carried to read the following Ordinance by title only. Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 15-59, 15-67.1B AND 15-45 OF THE CYPRESS CITY CODE REGARDING SPECIAL PERMIT AND BUSINESS LICENSE FEES FOR SOLICITORS. It was moved by Councilman Roberrs and seconded by Councilmen Kenode to approve the first reading of the Ordinance. The metion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Kanode, Lacayo, Roberrs and Harvey None None It was maved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to consider Item No. 30 on the agenda at this time. CONSIDERATION OF A NAME mR TEE CYPRESS. qq~TY.~A~R DISTricT .Bu!~c: The City Manager stated that the City Council had requested that this matter be placed on the agenda. It was the general consensus of the City Council that the City Staff study this matter taking into consideration a suggestion which was made by Councilman Roberrs, that names of Cypress citizens who have been instrume~tal in the development of the community be considered, and to report back to the City Council. Councilmen Lacayo suggested that the Staff might consider contacting the Cypress (7namber of Coxmnerce with regard to the sign. RECESS: It was moved by Councilma~ Lacayo, seconded by Councilman Kanel and unanimously carried to recess at 6:00 p.m. to 7:30 p.m. - 8- City Council Minutes August 9, 1971 CALL TO ORDER: The meeting was called back to order at 7:34 p.m., in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Co~mcilmen Fanel, Kanode and Harvey ABSENT: Councilmen Lacayo and Roberrs Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dalton, Dunlap, Schatzeder, Savord end Nudson. PLEDGE OF ALLEGIANCE: Councilman Kanode led the City Council and audience in the Pledge of Allegiance. PRESENTATION OF EMPLOYEE SERVICE PINS: Mayor Harvey announced that Police Agent Robert Headrick end Mrs. Betty Harris have each earned the Employee Service Pin for ten years of service to the City; and that Police Agents Bandy and Bendurraga, have each earned the Employee Service Pin for five years of service to the City. Mayor Harvey then presented the pins to Agent Bandurraga, who accepted them on behalf of the Police Department employees. Mayor Harvey then stated that Pete Ducca and Taylor Moore, of the City's Engineering Department, have also earned the Employee Service Pin for five years of City service. COUNCILF~ LACAYO ARRIVED AT 7:37 P .M., AND TOOK HIS PLACE ON THE PODIUM. COUNCILMAN ROBERTS ARRIVED AT 7:39 P.M., AND TOOK HIS PLACE ON THE PODIUM. Mayor Harvey then read in full, a communication dated August 4, 1971, from Mrs. Gordon Lowcry, 4155 Dover Circle, Cypress, which commended the Cypress Police end Fire Departments. At the request of Mayor Harvey, the City Manager reviewed the various actions taken by the City Council at its afternoon session. ORAL COI~ICATIONS: There were no oral communications presented at this time. It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to consider Item No. 20 on the agenda at this time. CONSIDERATION OF REQUEST FOR RECONSIDERATION OF ~RAN_G!~G ~TI~EET NAMES: The City Manager presented a report dated August 3, 1971, from the Public Works Director which indicated that at its meeting of August 2, 1971, the City Council disapproved a request from the Post Office to change the names of Lance Circle to Thomas Circle, and Layne Circle to Charles Circle. The report stated that the report which was submitted recommending the adoption of a Resolution changing the names was very brief and stated that the reason for the change of names was the confusion anticipated by the Post Office. It was moved by Councilman Lacayo and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: R~nI,UTION NO. 1194 A RESOLUTION OF THE CITY COIYNCIL OF THE CITY OF CYPRESS AUTHORIZING NAMS OF CERTAIN STREETS TO BE CHANGED WITHIN THE CITY OF CYPRESS. Councilmen Kenel indicated that when this matter had previously been discussed, the Council voted that the names of Lance and Layne Circles remain as it has been a policy of the City to permit property owners to name streets after their children; however, in view of the information which has been brought to the attention of the Council in the report, he stated that he felt the recommendation to change the names would be appropriate. -9- City Council Minutes August 9, 1971 Co~mcilman Roberrs stated that there is strong motivation to ease the burden of the homeowners; however, he stated, the only action which was official by the City Council, was to approve the tract map which contained the names of Layne m~d Lance Circle. He further stated that he did not feel that it was incumbent upon a comnittee or the Post Office Department to change the names of the City streets. Councilman Roberrs stated that when the names were changed, there were only a few residents on the streets, and that now, when it has been brought to the attention of the City Council, there are forty six residences which are occupied. He stated that he would be reluctant to change the names, although he did have a great concern for those residents. Mayor Harvey concurred with Council~ Robert's statement. In answer to an inquiry from Cotmcilm~n Laceyo, the City Manager stated that the request to change the names was by the Post Master, who indicated that he felt that there would be a very difficult problem with delivering the mail due to the similarity of the names, Councilman Lacayo then stated that he considered the naming of streets to be the responsibility of the Street Naming Committee, and should not fall within the realm of responsibility of the City Council, The motion to adopt Resolution No, 1194, changing the names of Lance Circle to Tho~m Circle and LayneCircle to Charles Circle in Tract #6657, carried by the following roll call vote: AYES: NOES: AB SENT: 3 COUNCILMEN 2 COUNCILMEN 0 COUNCILMEN Kenel, Kenode and Lacayo Robarts and Harvey None RECESS: Mayor Harvey declared a recess at 7:58 p.m. The meeting was called back to order at 8:00 p.m., with all Councilmen present. PUBLIC HEARING 1~: CON. SI. DE. RATION OF A ]PRE~ISE ..A~.~G..~..NT FOR AN EAST-WEST STREET BETWEEN WALKER AND GRAHAm. STREW. T: The Mayor announced this was the time and place for the Public Hearing to consider a precise~ alignment for a future 60' east-west street between Walker Street end Graham Street in the City of Cypress. Mayor Harvey declared the Public Hearing open, and requested the Staff to present its report. The City Manager reviewed a report dated August 5, 1971 which indicated that the affidavits of publication, posting and mailing of the Public Hearing notices are on file in the office of the City Clerk, and no communications have been received in regard to this matter. He then presented a report dated August 4, 1971, which reviewed the events which led to the decision to consider the possibility of an east-west street, extending Hanover Drive, between Walker and Graham Street, which resulted from a traffic problem on Graham Street. A copy of the report, which contains various alternatives to the problem, is on file in the office of the City Clerk. Councilman Lacayo stated that he felt that the precise alignment which is being considered this evening, would be the best solution to the problem. There being no one in the audience to speak in favor of the proposed precise alignment, Mayor Harvey asked if anyone wished to address the City Council in opposition. In answer to a question from Mr. John Grande, 5458 Hanover Drive, Cypress, Councilmsm Lacayo indicated that there would eventually be a need for signalization at Walker Street due to heavy amount of traffic which can be expected. In response to a further inquiry from Mr. Grande, the City Manager stated that there is an approved Conditional Use Permit on the property which the City would need to acquire for an alignment in considering alternative #4, which could - 10 - City Council Minutes August 9, 1971 result in a higher cost of right of way. In answer to an inquiry from Cotmcilman Roberrs, the City Attorney advised that until there is actual building on the property, the approved Conditional Use Permit is simply an indication that the property can be developed in a certain way. He stated that it might have soxre effect on the value of the property due to the engineering and planning which has been accomplished, In answer to an inquiry from Councilman Kanel, the City Manager stated that a Conditional Use Permit has been approved by the Planning Commission for the property which would be necessary for the right of way in order to extend Hanover Drive. In response to a further inquiry from Councilman Kanel, the Public Works Director indicated that it is anticipated that sometime there will be a necessity for the installation of a signal light on Walker Street, somewhere between Orange Avenue and Ball Road. Mr. Grande indicated that an east-west street, aligning with Hanover Drive, would merely be transferring the problems from Graham Street to Hanover Drive. He further indicated that he did not believe the flow of traffic would be sufficient enough to warrant signalization of Walker Street. Mr. Grande expressed concern in that the increased traffic which the proposed street would bring to Hanover Drive would greatly threaten the safety of the children on that residential street. Mr. Grande indicated that there were other options which are open to the City. Mrs. Clara Wong, 9691 Glenbrook Street, Cypress, addressed the City Council in opposition to the proposed alignment, expressing concern about the safety of the children in the Hanover Drive area, Mrs. Wong stated that she was highly opposed to the signalization of the proposed street. Mr. Gene Vaughn, 9684 Amberwick Circle, Cypress, stated that he felt that the people residing on H&nover Drive chose to reside in that area because it was a quiet residential street, apparently secure from becoming a thoroughfare. Considerable discussion was held by the City Council relative to the alternatives presented in the Staff report, as well as the proposed east-west alignment of Hanover Drive. Mayor Harvey indicated that he would like to see Graham Street widened from curb to curb, should it be decided that Graham Street is to be cul-de-saced. He further stated that the City should consider purchasing the property from the School District, as to do so, would result in a considerable reduction in cost to the City. RECESS: Mayor Harvey declared a recess at 9:20 p.m. The meeting was called back to order at 9:28 p,m., with all Councilmen present. Mr. A1 Betgum, Bergum Construction Company, 1023 E. Chapman Avenue, Fullerton, California, addressed the City Council stating that he felt that alternative #3 would be the most satisfactory solution, Mayor Harvey indicated that because of the egress point in alternative #3, westboand traffic visibility on Ball Road would be hindered by the brid~e which crosses the channel. Mr. John Cripps, 9099 Graham Street, Cypress, stated that he felt there is a definite need for a temporary or, preferably, a permanent cul-de-sac at the end of Graham Street in the vicinity of the recreation area, and urged the Councit's consideration of this matter. Mayor Harvey then explained that the precise alignment, which is under consideration at this time, is predicated on the cul-de- sating of Graham Street, and indicated that if this is done, there is a necessity for another ingress-egress point from the recreational area. - ll - City Comcil Minutes August 9, 1971 Councilman Kanel indicated that he was opposed to the precise alignment at this time, end suggested that the City Council authorize the Staff to prepare plans for the cul-de-sacing of Graham Street; and further, that the Staff give additional consideration to the lend which is owned by the Cypress Elementary School District. Following further discussion relative to the proposed alignnBnt, Councilmen Lacayo stated that he believed the alignment of the street under consideration would create many problems, and expressed concern over the fact that a request for a Conditional Use Permit has been approved by the Planning Commission for the development of the property which would have to be acquired by the City for the proposed street. Mr. Bill Starbuck, 9683 Amberwick Circle, Cypress, addressed the Council stating that mere consideration should be given to this matter. It was meved by Councilman Kenode, seconded by Councilman Kanel and unanimously carried to close the Public Hearing at this time. It was meved by Councilmm~ Kenel and seconded by Councilman Kanode to deny the precise alignment of Henover Street from Walker Street to Graham Street. Councilma~ Kenode stated that after listening to the comnents of the people in the audience, and the discussion which took place between the Staff and City Council, he felt that the mest logical solution to the problem in the immediate future, would be to deny this particular precise alignment and to proceed to design the cul-de- sacing of Graham Street, with the design showing a widening of Graham at Orange Avenue , The met ion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kenel, Kanode, Lacayo, Roberrs end Harvey None None It was moved by Councilman Kanode and seconded by Councilman Lacayo to direct the Staff to prepare plens for the cul-de-sacing of Graham Street, end to consider the possibility of a widening of Graham at the Orange Avenue intersection, and to report back to the City Council at its meeting scheduled to be held on September 27, 1971. The motion was unanimously carried by the following roll c~ll vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None It was meved by Councilman Roberrs and seconded by Councilman Lacayo to direct the Staff to analyze the feasibility of alternatives #1, 2 end 3, with a report concerning this matter to be presented to the City Council at its meeting scheduled to be held on October 11, 1971. The City Manager then indicated that in order to expedite the analysis of the proposals, it might be a consideration of the Council to authorize an appraising firm to provide the City with cost figures relative to the various properties involved. Councilms~ Roberrs meved to amend his metion to include authorization for the City Staff to receive a bid from an appraisor, to assist in the evaluation, to be presented to the City Council at its next regular meeting. In answer to a statement by Councilhum Lacayo, the City Manager indicated that the School District would be contacted relative to its property, before the next regular meeting of the City Council, and perhaps proposals could also be obtained to appraise the school property along with the other properties, depending upon the attitude of the School District. - 12 - City Council Minutes August 9, 1971 At the request of Councilman Lacayo, Co~mcilman Roberrs added to his amendment to his motion, that a report regarding the status of the school property be presented to the City Council- Councilman Lacayo then seconded Councilman Robert's motion. Councilman Kenode stated that he would strongly oppose any kind of a street program which would take traffic from Graham Street, across a parking lot, into another exit. Following discussion, 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 RECESS: Mayor Harvey declared a recess at 10:07 p.m. The meeting was called back to order at 10:12 p.m., with all Councilmen present. PUBLIC HEARING RE: CONSIDERATION OF THE ADQP~IQN.OF ~HE i[I[AL BUDGET FOR .THE CYPRESS RECREATION AND PARE DISTRICT FOR T~E .F~SqAL ~E~R !9~1,72: The Mayor announced this was the time and place for the Public Hearing for the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, to consider the adoption of the final budget for the Cypress Recreation and Perk District for the fiscal year 1971-72. The Mayor declared the Public Hearing open, and requested the Staff to present its report. The City Manager presented a report dated August 5, 1971, which indicated that the affidavits of posting and publication of the Public Hearing notice are on file in the office of the City Clerk, and no communications have been received in reference to this matter~ The report advised that the City Council is required to submit the final approved budget, along with the tax rate for the 1971-72 fiscal year, to the County Auditor's office by no later than Wednesday, August 11, 197 1. The City Manager than reviewed the proposed changes in the budget, as requested by the City Council at its adjourned regular meeting of August 2, 1971. He indicated that based on the reductions as outlined in the report, a tax rate of 44¢ is proposed. Mrs. Ann Nieto, 5191 Canterbury Drive, Cypress, expressed concern over the amount of funds which were deleted from the section of the budget pertaining to park develop- ment. She stated that the City should seriously consider developing and improving the parks which are currently within the City. Mr. Tony Nieto, 5191 Canterbury Drive, C~press, stated that lights were needed at the Oak Knoll park, which would benefit the Little League, Pony Colt League and the Girl's softball teams. Mr. Bill Kurz, President, Cypress Little League, addressed the City Council indicating that there was a need for additional recreational facilities as well as a need for adequate lighting. Mayor Harvey stated that due to the withdrawal of the City of La Palms from the District, and that in order to retain the same level of services which were provided when the District was under the County, the tax rate would have to be increased. He further indicated that the narrow defeat of the City's Park Bond Issue last year, indicates that the majority of Cypress citizens would be willing to tax themselves in order to acquire property for future park sites and to purchase equipsant for expanded program. - 13 - City Council Minutes August 9, 1971 Councilman Lacayo indicated that by establishing the budget at 44¢ per $100 assessed valuation, the District would still have to borrow $14,149.00 to meet the proposed budget. He then suggested that the Council might consider the improvements which the citizens have expressed a desire for, taking into consider- ation the borrowing power of the District. Mr. Jim Smith, 5932 Lime Avenue, Cypress, President of the Cyprese-La Palma Pony Colt League, stated that had there been lighting at Oak Knoll Park this year, tournaments could have been scheduled, which would have brought in a considerable amount of revenue. In answer to an inquiry from Councilman Kenode, Mr, Smith indicated that he would be willing to pay the maximum tax rate, Mr. Dennis Fauke, Supervisor, Cypress Recreation and Park District, urged that the adult program not be eliminated from the budget. Mayor Harvey declared the Public Hearing closed, Councilman Kanel indicated that more program will probably be necessary due to the growth of the City, and stated that he would not be opposed to having the tax rate established at a higher rate~ Councilman Lacayo stated that he would object to establishing the tax rate at a higher level, as the borrowing power of the District had not been explored. He added, that he felt that the City would be facing the same problem next year, and questioned what would be done if the tax rate was already established at the maximum. Co%mcilman Kenode stated that he had advocated that the Recreatiorf m~d Park District be under the control of~this'community long before he'~erved On~theCityCo~mcil, as he felt that a local agency would be more responsive to the needs of the people in the corm~unity. He further stated that the City can provide the same level of services for the District, as provided in the past, at a tax rate of 44¢. He stated that the tax would need to be increased if it is determined that improvements were needed for the existing facilities. Councilman Kenode stated that this increase would not necessarily be applied to next year's budget, It was moved by Co~mcilman Kanel and seconded by Councilman Kenode to establish the tax rate at the maximum amount of 50¢ per $100.00 assessed valuation; to include an amount of $40,700 for lighting at the parks; and to accept the other reconmendations as outlined in the budget report~ Councilman Roberrs stated that he would be totally opposed to the addition of another 10% to the 12% which has been added to the tax base, not because he is opposed to structural improvements nor to the acquisition of property; but rather, because he is opposed to the manner in which it is being accomplished. He stated that no additional programs are being offered. Re further indicated that if the City intends to purchase structural improvements or land, that it is his opinion that this should be done with a special override. At the request of Mayor Harvey, the City Manager commented on the Legacy Parks Program, stating that it is a program which the Federal Government is enacting to consolidate several programs into one; primarily designed to beautify and provide open space to tomunities which do not meet the standards of open space for the residents of that coumunity. He stated that the City has applied~ with a letter of intention, for funding for the capital improvements which were scheduled in the previous bond issue, along with those which were approved in the Recreation and Park District's Master Plan. The City Attorney advised that two actions by the City Council were needed, and that to avoid any confusion, the adoption of the budget should be considered prior to establishing the tax rate. - 14 - City Comcil Minutes August9, 1971 It was moved by Com~cilman Kanel and seconded by Councilman Kanode to adopt the budSet as presented this evening, with an increase in Item 420 to $48,700.00. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode and Lacayo Roberrs and Harvey None In answer to inquiries from Councilman Lacayo, the City Attorney indicated that the approval of the budget permits the Council to utilize a variety of methods of financing that budget, which may include the borrowing capacity, the issuance of bonds, etc. He advised that there would not be an obligation, which would arise from an affirmative vote on the budget, to vote in favor of a higher tax rate in order to raise the money to finance the budget. Mayor Harvey indicated that the capital improvements which were discussed in the original budget included items other than lighting, which were as pertinent to other areas of the tomunity as lighting is to Oak Knoll Park. He added, that if the City is going to increase the capital improvements, then he felt that it should be increased in an amount sufficient to cover the recon~nendations which were submitted to the City Council in the original budget. It was then moved by Councilman Kanode and seconded by Councilman Kanel to reconsider the previous action of the City Council. The metion 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 Kanode that the 1971-72 budget for the Cypress Recreation and Park District in the amount of $493,555.00 be adopted, and that an amount of $60,580. over the amount recommended in the report dated August 5, 1971 for Account No. 420, be added to that account. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberts and Harvey None None It was moved by Councilman Roberrs and seconded by Cooncilma~ Lacyao to establish the 1971-72 tax rate for the Cypress Recreation and Park District at 44¢ per $100.00 assessed valuation. Because a figure of 1 cent over the amount established is needed to pay the loan, Councilmen Roberrs and Lacayo amended their motion to increase the amount of the tax rate to 45¢ per $100.00 assessed valuation. The metion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Lacayo and Roberrs Kanel, Kanode and Harvey None It was moved by Councilman Kanel and seconded by Councilman Kanode to establish the 1971-72 tax rate for the Cypress Recreation and Park District at 50¢ per $100.00 assessed valuation, which will include the tax rate required for the obligations of the Debt Service Fund. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode and Harvey Lacayo and Roberrs None City Co~ncii Minutes August 9, 1971 Codf~cilman Kanel stated that for the record, based on all the information which was presented this evening along with the loss of the assessed valuation from the City of La Palms, he felt that it was his reponsibility to provide the same services for the people of the community as had been provided when the District was tmder the jurisdiction of the County~ Councilman Lacayo, for the record, stated that as far as he could recollect, this was the first time the City Council had assessed the taxpayer more than the budget required, and that it is his hope that the money is used wisely, as it has not been budgeted~ RECESS Mayor H&fvey declared a recess at 11:40 pom. The meeting was called back ordez at 11:45 p~mo, with all Councilmen present~ Ir was moved by Co~mcilman Roberrs and seconded by Coumcilman Lacayo to adjourn at 1i:46 p~m., to Monday, August 16, 1971 at 7:00 p~m. The motion failed to carry b~ the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Lacayo and Roberts Kanel, Kanode and Harvey None PUBLIC HEARING RE: AN APPEAL OF THE PLANNING COI~ISSION'S DENIAL OF AN APPLICATION F6R AN AMENDMEN~ 'TO'~HE ZonING o~DiNiNdE ~j ~'Oi~oNE CHANGE ?z~Oi: The City Manager stated that he had been advised by the City Attorney that the notices of publi~!~cion on this matter were not correct as to form. l'a was mo~ed by Councilman Lacayo and seconded by Co~mcilman Kenode to continue the LQn~ider~ion of this matter to the next regular meeting of the City Council~ Following a brief discussion, Co%mcilman Lacayo withdrew his second to the motion~ It was moved by Councilman Roberrs and seconded by Councilman Lacayo to table this matter~ 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 PUBLIC HEARING RE% CONDITIONAL USE ~ERMIjT C~262~ The Mayor announced this was the time and place for the Public Hearing to consider an application for a Conditional Use Permit to allow the construction of a 79-unit multiple family dsvelop~nt ~ a child care center, and conanercial buildings including an office, ~ propex~y generally located at the southwest corner of Orange Avenue and Valley View Street, initiated by Floyd Go Marcusson and Albert C. Sykes, and known as Conditional Use Permit C-262. The Mayor declared the Public Hearing open~ Because this ma~ter is directly connected to the zone change request which was previously considered and tabled, it was moved by Couecilman Roberrs and seconded by Councilman Lacayo to continue the consideration of this matter to the next regular meeting of the City Council, following the Public Hearing to consider [he zone change. The motion was unanimously carried by the following roll call vo~e: A~ES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Kanel, and seconded by Councilman Kenode to consider Items No~ 28, 29, 32, 33, 35, 36 and 37 a. on the agenda at this tims~ It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to amend the motion to include Items No. 38 and 39~ The motion was unanimously carried. CON~IDERA~IQN 97 APPLICA_TIOM ~0~ PRIVATE PATROL PERMIT--LYONS SECURITY SERVICE: The City Manager presented a report dated August 5, 1971, which indicated the City has received an application from Bobby Conray Lyons, representing Lyons Security Service & Investigation Bureau, for a private patrol permit~ - 16 - City Council Minutes August 9, 1971 It was moved by Councilman Roberts, seconded by Councilman Kanode and unanimously carried to authorize the issuance of a permit for private patrol services in the City of Cypress to Lyons Security Service & Investigation Bureau, 1664 W. Broadway, Suite F, Anaheim, California, subject to the provisions of the City Code relative to the operation of private patrol services. CONSIDERATION OF ADVISORY TRAFFIC COMMITTEE APPROVAL OF REQUEST FROM CYPRESS SCHOOL DISTRICT FOR A CROSSING GUARD ON BALL ROAD AT BEtNADETTE AVENUE: The City Manager reviewed a report dated August 5, 1971, which indicated that the Advisory Taffic Committee, at its meeting of July 23, 1971, upon the request of the Cypress School District, recommended that a crossing guard be approved at the intersection of Ball Road and Bernadette Avenue, adjacent to the Dickerson School. It was moved by Councilman Lacayo and seconded by Councilman Kanode to authorize an additional crossing guard with an appropriation of $1500 in Account 4200-01. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberts and Harvey None None It was moved by Councilman Roberts, seconded by Councilman Lacayo and unanimously carried to authorize the Staff to contact the City of Buena Park to determine the extent they are willing to participate in the cost of providing a crossing guard. CONSIDERATION OF AN OREINANCE ENACTING THE CITY TAX RATE FOR THE 1971-72 FISCAL YEAR: The City Manager reviewed a report dated August 5, 1971, which indicated the City has received the assessed valuation figures for the 1971-72 fiscal year, which represent an increase of 6.6% over the 1970-71 fiscal year. The report stated that based on the fact that the City has successfully eliminated the Cypress County Water District tax rate from the tax rolls of the majority of the residents of the City, and in addition has not levied an additional tax to pay for the General Obligation Bonds for storm drain construction, it would appear appropriate to levy the $1.00 assessed valuation tax rate in the 1971-72 fiscal year. " It was moved by Councilman Kanel and seconded by Councilman Kanode to establish the tax rate for the 1971-72 fiscal year at $1.00 per $100.00 assessed valuation, based on the information provided to the City Council by the City Staff, Due to the fact that in order to establish the tax rate, an Ordinance must be adopted, Councilmen Kanel and Kanode withdrew their motion o It was moved by Councilman Roberts and seconded by Councilman Lacayo to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberts and Harvey None None Title of the Ordinance is as follows: ORDINANCE NO. 460 AN ORDINANCE OF THE CITY OF CYPRESS FIXING THE MUNICIPAL TAX RATE FOR THE FISCAL YEAR 1971-72 It was moved by Councilman Roberts and seconded by Councilman Kanel to adopt Ordinance No. 460. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo and Roberrs Harvey None - 17 - City Council MinUtes August 9, 1971 The City Attorney then advised that Items No. 24 and 34 on the agenda are concerned with subdivisions, and the Council should seek the approval of the applicants before continuing those items. In response to an inquiry from Councilms~ Roberrs, the City Attorney indicated that if the Council does not have the approval of the applicants, they can deem their requests approved subject to the conditions set forth by the Planning Commission. At the request of Mayor Harvey, Mr. John Tapking, Director of Land Planning, Larwin Company, 9300 Wilshire Blvd., Beverly Hills, California, addressed the City Council stating that he would concur with a request for a continuance of Item No. 24 on the agenda to the next regular scheduled meeting of the City Council. Mr. Bernard McCune, S & S Construction Company, 8857 Olympic Blvd., Beverly Hills, California, addressed the Council stating that he would consent to the continuance of Item No. 34, if the Council should so desire. It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to consider Items No. 24 and 34 on the agenda at this time. CONSIDERATION OF_ TENTATIVE TRACT MAP #7424: It was moved by Councilmare Roberrs, seconded by Councilma~ Lacayo and unanimously carried to consider this item as the first item under "Deferred Business" on the agenda of the next regular meeting of the City Council, scheduled to be held on August 23, 1971. CONSIDERATION OF TENTATIVE TRACT. .J!6.932~. OPTIONAL .D~IqN.: It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to consider this item as the second item under "Deferred Business" on the agenda of the next regular meeting of the City Council, scheduled to be held on August 23, 1971, CONSI_DE_RAT_ION_O_F__REQ_LyE_ST FOR VACATION.: The City Manager reviewed a report dated August 5, 1971, which indicated that the City Manager was eligible for fifteen days vacation as of July 1, 1971, and that the City Council is requested to approve a request for vacation by the City Manager, from August 16, 1971 through September 3, 1971. The report indicated that the Assistant City Manager will act as City Manager during the City Manager's absence. It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to grant the request as outlined, and to authorize the appointment of the Assistant City Manager as acting City Manager from August 16, 1971 through September 3, 1971. EXECIFEIVE SESSION: It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to go into an Executive Session at 12:05 a.m. to discuss a matter of personnel. The meeting was called back to order at 12:20 a.m., with all Councilmen present. CCNS!DERATIgN OF APPROVAL OF COlt4ERCIAL WARRANT LIST FOR WARRANT_S NO. 27231 THROUGH 27359: It was moved by Councilman Lacayo and seconded by Councilman Roberrs to appro~ the Commercial Warrant List for Warrants No. 27231 through 27359 in the total amount of $107,727.07; and to direct the Staff to list the warrants for the City and for the Recreation and Park District separately, beginning with the Con%martial Warrant List under consideration at this time, and continuing to do so in the future. The motion was onanimsusly carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COX1NCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None - 18 - City Council Minutes August 9, 1971 CONTINUATION OFCONS~IDERATION OF APPROVALOFAGRE_EMENT~ETWEEN THE CYPRESS RECREATION AND PAPXDISTRICT 'AND THE'ROMAN'CATHOLIq ARCHBISHOP 'OFEOSANqE~ES: The City Manager reviewed a report dated August 5m 1971, which indicated that this item was continued from the adjourned regular meeting of August 2, 1971, It was moved by Councilman Kanel and seconded by Councilman Kenode that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, approve the agreement and authorize the Mayor to sign and the City Clerk to attest the signature on the subject agreement. The m~tion was unaniraously carried by the following roll call vote: AYES: 5 COUNCILIeN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kenel, Kenode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF ~EGAL COUNSEL--RECREAT_I_ON ~A~D ~,RK D~STRICT: It was moved by Cou~cilm~ Reberts, seconded by Councilmen Lacayo end unanimously carried to continue the consideration of this matter to the next regular meeting of the City Council. It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to consider Item Noo 37 on the agenda at this time. CONS~DE. RATI. ON.. 0F_CL_ASSIF!CATION AND SALARY RECO_M~E~DATIONS--_REqPd~ATIQN AND PARK~ DISTRICT: It was moved by Councilman Kanodem seconded by Councilman Roberrs and unenin~uely carried to continue the consideration of this item to the meeting of the City Council scheduled to be held on September 13, 1971. SECOND_READING OF ORDINANCE RE: ANNEX4%IO~ .NQ, 7~-2: It was moved by Councilmen Reberts, seconded by Councilman Kanode end unanimously carried to reed the following Ordinance by title only. ORDINANCE NO, 461 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN TERRITORY, DESIGNATED AS "ANNEXATION N0. 71-2" TO THE CITY OF CYPRESS. It was moved by Councilman Roberrs and seconded by Councilman Kenode to adopt Ordinance No. 461. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel. Kanode, Lacayo, Roberts and Harvey None None SECOND .READ~N.q .O.F.0.1.~.I. NANCE RE: MUL~I~LE-F_AMILY DEVELOPMENT: It was moved by Councilman Roberts, seconded by Councilman Kenode and unanimously carried to read the following Ordinance by title only. ORDINANCE NO. 462 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY AMEND- ING PART 2, REGARDING CERTAIN DEFINITIONS; AMENDING PART 9, REGARDING R-3 MULTIPLE FAMILY RESIDENTIAL ZONE REQUIREMENTS; DELETING PART 10, THE R-4 HIGH DENSITY MULTIPLE FAMILY RESIDEN- TIAL ZONE CLASSIFICATION; AMENDING PART 21, REGARDING OFF-STREET PARKING REQUIREMENTS; AMENDING PART 24, RECARDING PROCEDURES; AND AMENDING PART 25, REGARDING GENERAL PROVISIONS, CONDITIONS AND LIMITATIONS. The City Manager, in answer to an inquiry from Councilman Kanel, indicated that the Staff is studying what amendments will be needed to the Ordinance under consideration, and that the findings will be brought before the City Council. - 19 - City Council Minutes August 9, 1971 It was moved by Counci]~ Roberrs ~nd seconded by Councilman Kanel to adopt 0rdinance No. 462. Mayor Harvey expressed disappointment in that he had not been present when this matter was discussed by the City Council., as he l~ad announced in advance that he would be on vacation. He added, that he had found certain sections of the Ordinance which he fel~ will ~versly affect the development of the community. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Kanel, Kenode, Lacayo and Roberrs None None Harvey ORAL COm N C AT 0N_$: There were no Oral Communications presented at this time. ADJOURN.MENT: It was moved by Councilman% Kanode, seconded by Councilman Robarts and unanimously carried to adjourn at 12:35 a.m. MAYOR OF THE CITY OF CYPRYd~ ATTEST: OF CYP SS - 20 -