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Minutes 67-06-12MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD June 12, 1967 The City Council of the City of Cypress held its regular meeting on June 12, 1967, at 4:00 p.m., in the City Council Chambers, 5275 Orange Avenue, Cypress, Mayor Robert C. Harvey presiding. PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and Assistant City Manager Darrell Dalton. MINUTES: It was moved by Councilman Kanel, seconded by Councilman McCarney, end unanimously carried, to approve the minutes of the Adjourned Regular meeting of the City Council held on May 18, 1967, as mailed. It was moved by Councilman Noe, seconded by Councilman McCarney, and unanimously carried, to approve the minutes of the Joint City Council and Planning Commission meeting held on May 18, 1967, as mailed. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to approve the minutes of the ~e~uta~lCi~y C~u~cil meeting held on May 22, 1967, as mailed. It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to approve the minutes of the Adjourned Regular meeting of May 29, 1967, as mailed. STAFF REPORTS AND DISCUSSIONS: Upon the request of the City Manager, discussion ensued in regard to the proposed Annexation No. 67-1 to the City of Cypress. The City Manager suggested that the City Council may wish to consider a request of the proponents of the subject annexation to withdraw the proposal at this time due to the apparent opposition to the annexation and due to the rumors and misunderstandings which may create an unfavorable image for the City of Cypress at a time when conmercial and industrial development appears imminent. The City Manager further reported that Mr. A. E. Arnold and Mr. Fred Harber, on behalf of Mr. Soto, have indicated Opposi~on to the annexa- tion, and, since these property owners control over 50 percent of the assessed valuation of the property in the area, it appears that the City should consider withdrawing subject Annexation No. 67-2. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to place these matters on the agenda at this time. After discussion, it was moved by Councilman Bowen and seconded by Council- man Noe to rescind their action to concur in the request of the proponents for a continuance of the Public Hearing of Annexation No. 67-1 before the Local Agency Formation Commission which was approved at the Adjourned Regular City Council meeting held on June 9, 1967. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None It was moved by Councilman Bowen and seconded by Councilman Noe to request the proponents of Annexation No. 67-1 to the City of Cypress to request permission of the Local Agency Formation Commission to withdraw the Annexation map. The motion was unanimously carried by the following roll call vote: June 12, 1967 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None It was further moved by Councilman McCarney, seconded by Councilman Noe, and unadmously carried, to request permission from the Local Agency Formation Commission to withdraw the proposal for Annexation No. 67-2. Following further discussions regarding the subject annexation, the City Attorney advised the City Council that since the City Council ~s not the proponent of Annexation No. 67-1, all five proponents of the subject annexation would be required to submit a written request for withdrawal of the annexation proposal to the Local Agency Formation Commission. The City Manager stated that he had received a communication from the Board of Supervisors of Orange County in regard to a testimonial dinner to be held in honor of Dr. Edward Lee Russell, Orange County Health Officer, who is retiring on July 1st of this year and inviting the Mayor and City Council to attend the dinner. It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to place this matter on the agenda at this time. It was then moved by Councilman Noe and seconded by Councilman Bowen to adopt the following Resolution con~nending Dr. Russell for his services, to be forwarded to the County for presentation to Dr. Russell at the dinner. The title of the Resolution is as follows: RESOLUTION NO. 785 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING DR. EDWARD LEE RUSSELL, ORANGE COUNTY HEALTH OFFICER, FOR HIS SERVICES TO THE CITY OF CYPRESS AND COUNTY OF ORANGE The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None The City Manager inquired as to whether or not the City Council desired to meet with the Cypress Chamber of Commerce Board of Directors for the purpose of discussing the renewal of the Contract with the Chamber of Commerce which is scheduled to expire on June 30, 1967. In response to a question from Councilman Kanel regarding the need to officially adjourn the meeting for the purpose of discussions of this type with the Chamber of Cormnerce, the City Attorney reviewed the provisions of the Brown Act as they apply to the City Council meetings. It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to place this item on the agenda at this time. After discussion, it was generally agreed to hold an adjourned meeting with the Board of Directors of the Cypress Chamber of Commerce on Saturday, June 24, 1967, at 9:00 a.m. The City Manager requested the City Council members to bring their City Codes to the next Council meeting so that the supplement to the Code can be inserted. The City Manager reported that recently the Planning Commission had elected a new Chairman and Vice Chairman and had adopted Resolutions in recognition of the contributions made by the outgoing Chairman and Vice Chairman and asked if the City Council would like to take similar action. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to place this matter on the agenda at this time. June 12, 1967 It was then moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, that the City Council concur in the Resolutions adopted by the Cypress Planning Commission in recognition of the contribu- tions made by outgoing Chairman, Leo Baroldi, and Vice Chairman, Robert Borders, and further instructed the City Manager to convey the City Coancil's appreciation to these Commissioners. .RECESS: It was moved by Councilman Kanel, seconded by Councilman Noe, and unanimously carried, to declare a recess at 4:50 p.m., until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m., with the following in attendance: PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, Public Works Director Arthur Schatzeder, Planning Director George Putnam, Finance Director Jim Grissom, Building Superintendent Tom Nudson, and Police Chief George Savord. AWARD OF CONTRACT FOR WIDENING OF VALLEY VIEW STREET FROM CERRITOS AVENUE TO THE SOUTH CITY LIMITS: The City Manager presented a report from the Public Works Director dated June 7, 1967, surmnarizing the six bids received in the City Clerk's office on June 1, 1967, for the improvement of Valley View Street from Cerritos Avenue to 1318 feet south of Orangewood Avenue amd further outlining the purpose of Alternates "~' and "B". Copies of the bids are on file in the Office of the City Clerk. The Public Works Director reviewed the difference between Alternates "~' and "B" on the bid proposals and further indicated that the apparent low bidder, Yoder and Sons, had been investigated and apparently are a competent firm capable of completing the subject improvement. Following further discussions, it was moved by Councilman Noe, and seconded by Councilman Bowen that the City Council determine that the lowest and best bid was submitted by Yoder and Sons, for the construction of street widening smd related improvements on Valley View Street from Cerritos Avenue to the South City Limits; and that the contract be awarded to Yoder and Sons, 7890 Alhambra, Huntington Beach, Califnrnia, as per their proposal Alternate "B", dated May 31, 1967, in the amount of $111,726.36. The motion was ~nanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None ORAL COMMUNICATIONS: Mr. Allen Banick, 8741 Watson Street, Cypress, addressed the Council representing the opponents to Annexation No. 67-1 and asked what action had been taken by the City Council in regard to this matter. The City Manager reviewed the action taken by the City Council at~ its Adjourned Regular meeting of June 9, 1967, and the action taken at the afternoon session of the present meeting. There were no further oral conununications presented~ this time. CHANGE IN ORDER OF THE CITY COUNCIL AGENDA: Items 2 and 3 on the agenda being Pub I~z Hearings scheduled for 8:00 p.m., it was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to proceed to Items 4, 5, and 6, for consideration at this time. June 12, 1967 COMMUNICATION FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS TRANS- MEETING ASSEMBLY BILL NO. 2469 RE: AIR POLLUTION CONTROL: The City Manager presented a communication dated May 19, 1967, from the Southern California Association of Governments, transmitting a copy of Assembly Bill No. 2469 dealing with State AIr Pollution Control indicating that the Executive Committee of SCAG had approved the recommendation that all cities and counties study the Assembly Bill and support the measure. City Attorney James Erickson addressed the Council outlining the desirable aspects of the bill. After discussion, it was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to support Assembly Bill 2469 dealing with State Air Pollution Control and further requested the City Attorney to convey the Council's feelings on this legislation to the Chairman of the Committee on Public Health and to the State Assemblymen. COMMUNICATION FROM MR. J. KAUSCHINGER REQUESTING DONATION OF OLD CITY FLAG POLE TO NEW BOY SCOUT CAMP AWANIE SITE: The City Manager presented a con~unication dated May 22, 1967, from Mr. J. Kauschinger, 10022 St. George Circle, Cypress, requesting the donation of the flag pole in front of the old Police facilit~ to be used at the proposed new Boy Scout Camp Awanie site in Green Valley. It was moved by Councilman Bowen, seconded by Councilman Noe, and ananimeusly carried, that the City Council authorize the donation of the flag pole at the former Police facility to be made to the Orange County Boy Scout Camp proposed at Green Valley, and further? to request the City Manager to advise Mr. Kauschinger that he may proceed to remove the pole and donate it in the name of the City. COMMUNICATION FROM ORANGE COUNTY BOARD OF SUPERVISORS TRANSMITTING COPY OF ORANGE COUNTY STREET NAMING COMMITTEE PROGRESS REPORT: The City Manager presented a communication dated June 2, 1967, from David L. Baker, Chairman of the Orange County Board of Supervisors, transmitting a copy of the Orange County Street Naming Committee Progress Report. It was raoved by Councilman Bowen, seconded by Councilman Noe, and unanimou~y carried, that this cormnunication be received and filed. It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to move to Items 18 through 20 on the agenda. CLAIM FOR DAM~GES~ MRS. DALLAS ORMAN VS. CITY OF CYPRESS: The City Manager presented a report dated June 5, 1967, reviewing a Claim for Damages filed by the attorneys for Mrs. Dallas Orman, 1321 Roycroft, Apt. 6, Long Beach, for an accident reported to have occured on March 7, 1967, in the vicinity of 10410 Carlyle Court when the claimant slipped and fell in an excavation in the street. The City Manager reported that the Claim had been submitted to Mort Insurance Company for transmittal to the Cityls insurance carrier. It was moved by Councilman Kanel and seconded by Councilman Bowen to deny the Claim for Damages submitted by Mrs. Dallas Orman as outlined in the report submitted by the City Manager. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey COUNCILM E N: None COUNCILMEN: None MONTHLY VARIANCE REPORT OF REVENUES AND EXPENDITURES~ MAY 1967: It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to receive and file the Monthly Variance Report of Revenues and Expenditures for the month of May 1967. APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 17119 THROUGH 17208: It was moved by Councilman McCarney and seconded by Councilman Kanel to approve the Commercial Warrant List, Warrants No. 17119 through 17208, in the total amount of $42,376.54. The motion was unanimously carried by the following roll call vote: June 12, 1967 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to proceed to Items 21 and 22 on the agenda. SECOND READING ORDINANCE AMENDING CITY CODE RE: APPEAL OF PLANNING COMMISSION DECISION REGARDING UNDERGROUND UTILITIES REQUIREMENTS: It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 350 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 25-35 OF ARTICLE IV OF CHAPTER 25 OF THE CYPRESS CITY CODE It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None SECOND READING ORDINANCE AMENDING CITY CODE RE: HAZARDOUS AND UNSANITARY CONDITIONS: It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 351 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 13 OF THE CYPRESS CITY CODE, ENTITLED "HEALTH AND SANITATION" TO ADD ARTICLE III RELATING TO HAZARDOUS AND UNSANITARY CONDITIONS It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Kanel, McCalney, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Harvey RECESS: It was moved by Councilman Bowen, seconded by Councilman McCarney, and unadmously carried, to recess at 7:58 p.m. The meeting was called back to order at 8:00 p.m., all Councilmen being present. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT, BODY SHOP NO. 1 ~K. E. GUNDERSON): The Mayor announced this was the time and place for the Public Hearing ~ consider an application for Special Permit to allow dancing by the patrons at the Body Shop No. 1, 4612 Lincoln Avenue, Cypress, as requested by K. E. Gunderson, 630 Knott Avenue, Anaheim, California. The Mayor declared the Public Hearing open and asked the staff to present its reports. The City Manager stated that the Affidavits of Publishing and Posting the Notices ere on file in the Office of the City Clerk, and no written communications have been received by the City Clerk's office. The City Manager read into the ~ec~a report dated June 8, 1967, which outlined the action which could be taken by the City Council and suggesting various conaitions which may be imposed by the City Council if the applica- tion is considered for approval. The Mayor asked if anyone in the audience wished to speak regarding this Special Permit application. June 12, 1967 Mr. Carl Shipley, 9261 Florence Avenue, Garden Grove, addressed the Council speaking in favor of the Special Permit. Mr. Don Neilson, 9243 Via Vista, Buena Park, addressed the Council speaking in favor of the Special Permit. Mr. Jack Leneker, 4504 Middlebury, Cypress, addressed the Council speaking in favor of the Special Permit and further outlining many of the connnunity services that have been performed by Mr. Gunderson. Councilman Bowen stated that he wodd prefer to see the hours for dancing scheduled between 5:00 p.m. and 1:30 a.m. Monday through Friday and from Noon to 1:30 a.m. on Saturday and Sunday. In response to a question from Councilman Kanel, Mr. K. E. Gunderson stated that the hours listed in the conditions were the same as those listed on' his Live Entertainment Permit. In response to a question from Mayor Harvey regarding completion of the street improvements which were required as a condition of the Live Entertain- ment Permit, Mr. Gunderson advised the Council that he as contacted a construction firm to do this work and has also requested an extension of his encroachment permit and that these improvements should be installed by the end of June. There being no written cormnunications and no further oral communications, the Mayor declared the Public Hearing closed. It was moved by Councilman Noe and seconded by Councilman Kanel to approve Special Permit No. 67-1 for one year to allow dancing by the patrons at the Body Shop No. 1, subject to the following conditions: No dancing willbe allowed between patrons and employees of the Body Shop while employees are in the performance of their duties. Dancing will be allowed only during the hours of noon to 1:30 a.m. daily. 3. Exhibition dancing or dance contests will not be allowed. Ins tallation of the permanent curb, gutter, and sidewalks adjacent to the subject property, required in connection with the g~anting of a Live Entertainment Permit at the City Council meeting of November 28, 1966, must be comple~dprior to the issuance of the requested permit for public dancing. The metion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Noe, and Harvey Bowen None PUBLIC HEAKING RE: PROPOSED HUNTINGTON BEACH FREEWAY ROUTE: The Mayor announced this was the time and place for the Public Hearing to consider the proposed Route 39 (Huntington Beach) Freeway location, initiated by the Cypress Planning Commission. The Mayor declared the Public Hearing open and asked the staff to present its reports. The City Manager stated that the Affidavits of Publishing and Posting the Notices are on file in the Office of the City Clerk, and no written communications have been received by the City Clerk's office. The Mayor asked if anyone in the audience wished to speak regarding the proposed Huntington Beach Freeway Route. Planning Director George Putnam reviewed the proposed routes of the freeway. There being no written communications and m oral communications, the Mayor declared the Public Hearing closed. June 12, 1967 It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the following Resolution as recommended by the Planning Commission and to request the City Manager to designate a member of the City staff to appear at the scheduled Public Hearing to present the City Council's Resolution and recommendation. Title of the Resolution is as follows: RESOLUTION NO. 786 A RESOLUTION OF THE CITY COIrNCIL OF THE CITY OF CYPRESS RECOMMENDING TO THE STATE DIVISION OF HIGHWAYS THE ADOPTION OF THE "RED" ROUTE FOR THE ROUTE 39 (HUNTINGTON BEACH) FREEWAY The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None CONSIDERATION OF REVISED CONDITIONS ON TENTATIVE TRACT NO. 5782 (J. W. KLUG DEVELOPMENT COMPANY): The City Manager presented a report from the Planning Director regarding the revised conditions on Tentative Tract No. 5782, 23 R-1 lots, 4.8 acres, located on the west side of Valley View Street, north of Cerritos Avenue, as requested by J. W. Klug Development Company, 4540 Campus Drive, Newport Beach, Califnrnia. The Planning Director presented the architectural sketches for this development which indicated the dwelling layout on ~e lot, proposed elevations, and type of floor plans and explained that the condition regarding park sites was requested to be delet~dby the Developer due to the additional cost of construction of thse homes. The Planning Director advised that the condition imposed for a retaining wall on the south side of the development may be required for the protec- tion of the development which may take place to the south of the subject Tract. Jim Peters from J. W. Klug Development, addressed the Council offering to answer any questions the Council might have. Discussion ensued in regard go the various features of the proposed houses as they relate to the optional design standards and as to whether or not the proposed design would warrant deletion of the requirement to acquire and develop a park site. After discussion, it was moved by Councilman Bowen and seconded by Councilman McCarney to approve the revised conditions for Tentative Tract Map No. 5782, subject to the following conditions: Dedicate a one-foot strip for Lot "~' at the end of Avenue "A" for control of access. 2. Provide retaining wall on south line of Tract, if necessary. Developer shall provide a minimum 10' x 10' cut-off on the most southerly lot in the Tract adjacent to Valley View Street for better visibility from the commercial area driveway. "B" and "C" Circles shall be 47 foot width streets to allow for 36 feet of paving and 5.5 foot parkways, with the sidewalk adjacent to the curb. A three foot (3') parkway easement shall be provided behind the sidewalk. Curb radius on cul-de-sacs shall be to the satisfaction of the City Engineer. All vehicular access rights adjacent to the lots abutting to Valley View Street shall be dedicated to the City. 7. Avenue "f' shall be a minimum of 40 feet of pavement. 8. Street grades shall be .2% minimum, if possible. June 12, 1967 9. Advance street light energy charges shall be paid. 10. The developer shall be required to provide a street lighting system approved by the City Engineer. 11. Property line radii shall be to the satisfactic~of the City Engineer. 12. Drainage shall be solved to the satisfaction of the City Engineer and any drainage easements required by the City Engineer shall be provided. 13. An ornamental concrete block wall shall be constructed on residential lots on Valley View Street and all lots adjacent to any commercial zoning. 14. Any required retaining walls shall have footings designed for an extension to an ultimate six feet in height above the highest finished grade of the property. 15. Street trees shall be of the fifteen (15) gallon size. 16. The blue border shall be to the centerline of Valley View Street 17. Drainage fees shall be paid existing at the time of the recordation of the final map. 18. The Valley View Street parkway shall be developed with an automatic sprinkler system, and 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, 19. All lots shall drain to the front street at a minimum 1% grade. 20. All islands in cul-de-sacs shall be landscaped with grass, specimen trees and automatic sprinkler system, to the satisfac- tion of the City Engineer. 21. A minimum 10 foot distance between dwelling side by side shall be maintained. 22. Garages with straight in driveway approaches shall be 20 feet back from the inside edge of the sidewalk. 23. No construction other than unenclosed patios and those permitted intrusions as set forth in Section 125.8 of the Zoning Ordinance is allowed within any sideyard having a 10 foot distance between dwellings. 24. Conditions, Covenants, and Restrictions shall have Condition 23 included and a recorded copy of the Conditions, Covenants, and Restrictions shall be submitted to the Planning Department prior to final inspection of the Tract. Condition 23 shall also be listed within the Real Estate Report issued by the State of California Division of Real Estate. 25. Building setbacks, location of walls, texture of materials, colors, and elevations shall be approved by the Planning Director. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COL~CILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None REPORT RE: DRAINAGE SOLUTION--VAN RUITEN PROPERTY: It was moved by Councilman Kanel, seconded by Coancilman Noe, and ananimeusly carried, to continue this item until the City Council meeting of June 26, 1967, at the request of Mr. Van Ruiten. Jane 12, 1967 APPROVAL OF PLANS AND SPECIFICATIONS FOR THE WEST SIDE DRAIN: The Public Works Director presented a report dated June 8, 1967, outlining the extent of the West Side Drain to be located between Denni and Bloomfield Streets extending from Orange Avenue southerly and easterly to the existing retarding basin and pump station located west of Denni Street and north of Ball Road, and further reviewing the construction costs. The Public Works Director reviewed the proposed alignment of the West Side Drain at which time discussion ensued regarding the possibility of eliminating the bend in the alignment prior to the completion of the project. It was moved by Coancilman Noe and seconded by Councilman Kanel to approve the Plans and Specifications for the construction of the West Side Drain to be located between Denni and Bloomfield Streets, extending from Orange Avenue southerly and easterly to the existing retarding basin and pump station, as prepared by Sikand Engineering Company, Pasadena, California. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Kanel, McCarney, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Harvey APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS--BALL ROAD SEWER FROM DENNI STREET TO 843 FEET WEST OF DENNI STREET: The Public Works Director presented a report dated June 7, 1967, outlining the need to relocate the sewer line in Ball Road from Denni Street to 843 feet West of Denni Street, due to the relocation and realignment of Ball Road in the vicinity of Denni Street which was recently compl~-ed by Larwin Company. The Public Works Director further summarized the costs for this project, which are to be shared with the Cypress County Water District per a Joint Powers Agreement between the City and the District dated July 11, 1967. It was movedby Councilman Bowen, seconded by Mayor Harvey, and unanimously carried, to approve the Plans and Specifications for the relocation of the Ball Road sewer from Denni Street to 843 feet west of Denni Street and further to authorize the City Clerk to advertise for bids for this project, said bids to be reeeived in the Office of the City Clerk on July 5, 1967, at 10:00 a.m. with the contract to be awarded at the City Council meeting of July 10, 1967. RECESS: It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to call a recess at 9:03 p.m. The meeting was ~lled back to order at 9:08 p.m., all City Councilmen being present. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 6050~ 6051, AND 6052 (LARWINCOMPANY): The City Manager presented a report dated June 7, 1967, from the Public Works Director advising that the public improvements in Tract Nos. 6050, 6051, and 6052, have been satisfactorily completed in accordance with Plans and Specifications and recommending the release of bonds and acceptance of public improvements by the City Council. It was moved by Councilman Noe and seconded by Councilman Kanel to accept the public improvements in Tract No. 6050 as being satisfactorily completed in accordance with the Plans and Specifications, and authorize the City Clerk to release the Monumentation Bond and Faithful Performance Bond in 90 days and the Labor and Materials Bond in 180 days, providina no mechanics liens have been filed. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None June 12, 1967 It was moved by Councilman Noe and seconded by Councilman Kanel to accept the public improvements in Tract No. 6051 as being satisfactorily completed in accordance with the Plans and Specifications, and to authorize the City Clerk to release the Monumentation Bond and Faithful Performance Bond in 90 days and the Labor and Materials Bond in 180 days, providing no mechanics liens have been filed. The motion was unanimously carried by the following roll call vote: AYES: 5 COLIN CILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None It was moved by Councilmen Noe and seconded by Councilman Kanel to accept the public improvements in Tract No. 6052 as being satisfactorily completed in accordance with the Plans and SpecifiCations, and to authorize the City Clerk to release the Monumentation Bond and Faithful Performance Bond in 90 days and the Labor and Materials Bond in 180 days, providing no mechanics liens have been filed. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None CONSIDERATION OF PROPOSED ABANDONMENT OF BALL ROAD WEST OF DENNI STREET: The Planning Director presented a report dated Jane 6, 1967, regarding the proposed abandonment of approximately 600 feet of a portion of right-of-way on the north side of Ball Road westerly of Denni Street. The Planning Director further stated that this ~ab~dunment was considered by the Planning Commission at its May 18, 1967, meeting and they found that it would not conflict with the Master Plan of Streets and Highways. It was moved by Councilman Bowan and seconded by Councilman Kanel to adopt the following Resolution declaring the City Council's intention to vacate approximately 600 feet of a portion of right-of-way on the north side of Ball Road westerly of Denni Street and electing to proceed under the provisions of the Street Vacation Act of 1941; and scheduling a Public Hearing for all persons interested in or objecting to the proposed abandanment to be held on July 10, 1967, at 8:00 p.m. in the City Council Chambers, 5275 Orange Avenue, Cypress. The title ~ the Resolution is as follows: RESOLUTION NO. 787 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF BALL ROAD AND ELECTING TO PROCEED UNDER THE STREET VACATION ACT OF 1941 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None ADMINISTRATIVE REPORT RE: METHODS OF FINANCING FOR EIRE SERVICES: The City Manager presented a report dated June 8, 1967, reviewing the problems of financing increased levels of fire service. The City Manager indicated that additional sources of revenue would be required to increase the level of fire service and requested additional time to pursue the'financing proposals which may be required for any changes made in the level of fire protection service. In the interim, the City Manager suggested a continuation of the fire protection services as provided by the paid Volunteer Fire Department under the jurisdiction of the Orange County Fire Department. The City Manager indicated that this additional study should be comp~ted in time to allow for the calling of a Public Bond Election for fire protection services at the April 1968, Municipal Election, if required. June 12, 1967 It was moved by Councilman Noe and seconded by Councilman McCarney to authorize continuation of the existing level of fire service as provided under the paid Volunteer Program administered by the Orange County Fire Departmant and further to authorize the City Manager to continue an analysis of the projected means of financing additional levels of fire services, to b e compl~=t~dsufficiently in advance of the General Municipal Election in April 1968, in order to allow for the calling of a local Bond Issue for increased fire protection services, if required. Prior to voting on this matter, the City Council discussed the possibility of establishing a citizens committee to review the fire protection services and methods of financing which may be required. The motion made by Councilman Noe was cari~ed by the following roll call VOte: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Noe, and Harvey Bowan None ADMINISTRATIVE REPORT RE: REQUEST FOR INCREASED FUND ALLOCATION--KATELLA AVENUE IMPROVEMENT: The City Manager presented a report dated June 8, 1967, regarding a request for increased State fund allocation in the amount of $133,800 for the Katella Avenue Project, to provide for a heavier structural section than originally estimated. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution requesting tim increased State fund allocation in the amount of $133,800 for the tmpr0~emant of Ratella Avenue from Knott Street to 2668 feet west of Valley View Street. Title of the Resolution is as follows: RESOLUTION NO. 788 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQIESTING THE DEPARTMENT OF PUBLIC WORKS TO RECOMMEND AND THE CALIFORNIA HIGHWAY COMMISSION TO INCREASE THE ALLOCATION OF FUNDS UNDER THE PROVISIONS OF SECTION 143.3 OF THE STREETS AND HIGHWAYS CODE FOR THE IMPROVEMENT OF KATELLA AVENUE FROM KNOTT STREET TO 2668' WEST OF VALLEY VIEW STREET HEREINAFTER REFERRED TO AS PROJECT The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None URBAN BEAUTIFICATION CONTRACT APPROVAL: The City Manager presented a report dated June 8, 1967, outlining the procedures for the approval of the Urban Beautification Contract and summarizing the status of the Federal Grant for the City of Cypress. It was moved by Councilman Kanel and seconded by Councilman McCarney to adopt the following Resohtion providing for execution of the Urban Beauti- fication Contract between the City and the United States of America. The title of the Resolution is as follows: RESOLUTION NO. 789 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVINGAND PROVIDING FOR THE EXECUTION OF A CONTRACT FOR GRANT FOR URBAN BEAUTIFICATION AND IMPROVEMENT NO. CALIF. B-52 (B) BY AND BETWEEN THE CITY OF CYPRESS AND THE UNITED STATES OF AMERICA The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None Jane 1~, 1967 AUTHORIZATION TO ACQUIRE ADDITIONAL SUMP AREA--DRAINAGE DISTRICT 2-A: The City Manager presented a report dated June 8, 1967, reviewing the need to acquire an additional 0.259 acres to be used as the location for the outlet structure for the West Side Drain. The City Manager further reported that the City Attorney will attempt to negotiate a settlement with the property owner for the acquisition of this property; but in the event such a settlement is impossible, it would be necessary to initiate condemnation proceedings in order to obtain inmediate possession of the property to avoid delaying construction of the West Side Drain. It was moved by Councilman Kanel and seconded by Councilman Noe to authorize the acquisition of an additional 0.259 acres of land fo~ the retarding basin in Drainage District 2-A to be used for the outlet structure for the West Side Drain; and further to adopt a Resolution authorizing initiation of condemnation proceedings for the acquisition of the subject property, title as follows: RESOLUTION NO. 790 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None AUTHORIZATION FOR PAYMENT TO CYPRESS CIVIC CENTER CORPORATION FOR INSURANCE PREMIUM: The City Manager presented a report dated June 8, 1967, notifying the City Council members of the necessity of the City to advance the funds for the payment of insurance required for the Civic Center facilities in the amount of $4,180. After discussion regarding the amount of cov~ra~ and the term of the insurance, it was moved by Councilman Kanel and seconded by Councilman Bowen to authorize payment of $4,180 for the Civic Center insurance premium as outlined by the City Manager. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None ORAL COMMUNICATIONS: Mr. Robert Whitelaw, 9342 Lime Circle, Cypress, addressed the City Council regarding the need for increased fire protection service and commend- ing the existing Volunteer Fire Department. Mr. Whitelaw further expressed his concern over various operations of the existing paid Volunteer Fire Department. Mr. Whitelaw also commended members of the staff for their cooperation and mferred to a nuisance which exists along the Pacific Electric Railroad tracks north of the Christine Swain School and suggested that a citizens committee h~formed to abate such nuisances. Mayor Harvey thanked Mr. Whitelaw for his conments and interest in the activities of the City and told him to feel free to bring any problems that arise to the attention of the City Hall. It was explained to Mr. Whitelaw that because of the revenue sources of the City at this time, it is impossible to finance additional fire protection services without raising the tax rate. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to adjourn this meeting at 10:05 p.m. until Saturday, June 24, 1967, at 9:00 a.m., in the Conference Room located in the West Wing of the Civic Center, 5275 Orange Avenue, Cypress, MAYOR OF THE CItY OF CYP~EYS ATTEST: CITY'CEE~ ~'F TH~ CITY OF CYPRESS Jane 12, 1967