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Minutes 67-08-14MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD August 14, 1967 The City Council of the City of Cypress held its regular meeting on August 14, 1967, at 4:00 p.m. in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert C. Harvey, presiding. PRESENT: Councilmen Kanel, Noe, and Harvey ABSENT: Councilmen Bowen and McCarmey 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 Noe, seconded by Councilman Kanel, and unanimously carried, to continue consideration of the Minutes of the meeting of July 24, 1967, until the evening portion of the meeting. EXECUTIVE SESSION: Upon the request of the City Manager, it was moved by Councilman Kanel, seconded by Councilman Noe, and unanimously carried, to go into an Executive Session at 4:02 p.m. for the purpose of discussing possible litigation. The meeting was called back to order at 4:35 p.m., all Councilmen being present with the exception of Councilmen Bowen and McCarney. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to place considera- tion of the closure of Orange Avenue between Bloomfield and Denni Streets on the evening portion of the City Council agenda as Item 21. It was further moved by unanimously carried, to 1967-68 Budget from the Item 18a on the evening Councilman Noe, seconded by Councilman Kanel, and place the request for transfer of funds in the General Fund to Drainage District 2-A Account as portion of the City Council agenda. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to consider at this time, the appointment of an additional legal representative of the City of Cypress. APPOINTMENT OF LEGAL REPRESENTATIVE OF THE CITY OF CYPRESS: It was moved by Councilman Noe and seconded by Councilman Kanel to adopt the following Resolution, title as follows: RESOLUTION NO. 804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING THE DEPUTY CITY ATTORNEY OF THE CITY The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Kanel, Noe, and Harvey NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Bowen and McCarney It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to recess at 4:40 p.m. until 7:30 p.m. that evening. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m., with the follow- ing in attendance: PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None August 14, 1967 Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, Planning Director George Putnam, Finance Director Jim Grissom, Police Chief George Savord, Building Superintendent Tom Nudson, Public Works Director Art Schatzeder, and Administrative Assistant Gene Poertner. ORAL COMMUNICATIONS: There were no oral con~nunications presented at this time. EXECUTIVE SESSION: The Mayor announced that the City Council members would go into Executive Session for the benefit of reviewing discussions which took place during an Executive Session held during the afternoon portion of the City Council meeting regarding a litigation matter involving the City. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to go into an Executive Session at 7:32 p.m. The meeting was called back to order at 7:50 p.m., all City Councilmen being present. MINUTES: It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, the Minutes of the meeting of July 24, 1967, be approved as mailed. CHANGE IN ORDER OF THE CITY COUNCIL AGENDA: Items No. 1 and 2 being Public Hearings shceduled for 8:00 p.m., it was moved by Councilman Bowen, seconded by Councilman Noe, and unar~mously carried, to consider Items 3 through 8 on the agenda at this time. COMMUNICATION FROM AIR CALIFORNIA REQUESTING CITY COUNCIL'S SUPPORT RE: ADDITIONAL AIRLINE SERVICE: The City Manager presented a con~nunication in the form of a News Release from Mr. MIchael McFadden, on behalf of Air California, requesting the City Council to consider the adoption of a Resolution supporting Air California's application before the Public Utilities Commission for service between Oakland International Airport, San Jose Municipal Airport and Orange County Airport. It was moved by Councilman McCarney and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING AIR CALIFORNIA'S APPLICATION BEFORE THE PUBLIC UTILITIES COMMISSION FOR ADDITIONAL AIRLINE SERVICE The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, McCarney, Noe, and Harvey Kanel None COMMUNICATION FROM PUBLIC UTILITIES COMMISSION RE: PUBLIC HEARING TO CONSIDER APPLICATION OF GOLDEN WEST AIRLINES, INC.: The City Manager presented a communication from the Public Utilities Commission notifying the City of a Public Hearing to be held before the Commission on August 23, 1967, regarding an application of Golden West Airlines, Inc., for a Certificate of Public Convenience and Necessity to establish, maintain, and operate a passenger and freight airline service for the transport of passengers between Palomar Airport at Carlsbad, Santa Ana (Orange County Airport), and Los Angeles International Airport; and for further arline service between the Redlands Airport, Brackett Field at LaVeme, and Los Angeles International Airport. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, this communication be received and filed. August 14, 1967 COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MINUTES OF BOARD OF TRUSTEES FOR MEETING HELD JULY 20~ 1967: The City Manager presented a communication dated August 1, 1967, from the Orange County Mosquito Abatement District, transmitting a copy of the Minutes of the Meeting of the Board of Trustees held on July 20, 1967, a copy of which is on file in the Office of the City Clerk. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM LOCAL AGENCY FORMATION COMMISSION CLARIFYING CONDITION IMPOSED BY COMMISSION ON CITY OF CYPRESS ANNEXATION NO. 67-1 WITHDRAWAL: The City Manager presented a communication dated July 24, 1967, from Mr. William D. Martin, Chairman of the Local Agency Formation Commission, indicating that the condition added to Annexation No. 67-1 which stated that neitherthe proponents or opponents may file in the area of the proposed annexation, within one year from July 14, 1967, does not apply to the filing of uninhabited annexations. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM LOCAL AGENCY FORMATION COMMISSION RE: LINCOLN AVENUE ANNEXATION NO. 8 TO THE CITY OF BUENA PARK: The City Manager presented a communication dated August 7, 1967, from Mr. Richard T. Turner, Executive Officer of the Local Agency Formation Commission, notifying the City of a proposed annexation to the City of Buena Park, designated as Lincoln Avenue Annexation No. 8. The City Manager indicated that the proposed Annexation is a logical addition to the City of Buena Park's boundaries. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, this communication be received and filed and that the City Manager be directed to forward a communication to the Local Agency Formation Commission advising the Commission that the City of Cypress would have no objection to the subject annexation. COMMUNICATION FROM ORANGE COUNTY DISPOSAL ASSOCIATION REQUESTING CITY COUNCIL TO OPPOSE PROPOSED CHARGE FOR TRASH DISPOSAL AT THE COUNTY TRANSFER STATIONS: The City Manager presented a communication dated August i, 1967, from Mr. Paul Rangel, President of the Orange County Dis- posal Association, requesting the City Council to consider the adoption of a Resolution in opposition to the proposed charge for trash disposal at the County Transfer Stations, and suggesting that both residential and commercial rubbish collection rates would be increased if the transfer charges were to be levied by the Orange County Board of Supervisors. The City Manager reported that the reasons for the proposed transfer station charges are outlined in the report from the Orange County Administrative Office to the Board of Supervisors which indicates that the County would anticipate a four cent reduction in the property tax rates as a result of the increased revenues which would be made available from the rubbish transfer station charges. The City Manager stated that a preliminary investigation by the City Staff as to the effect the proposed charges would have on Cypress residents and businessmen indicated that the increased rate would be substantially higher than the savings that would be witnessed through the four cent per $100 assessed valuation tax reduction and that, without further study, it would be impossible to determine whether or not the transfer station charges would actually justify a monthly rubbish rate increase to the homeowner. Councilman Bowen advised that the Executive Committee of the Orange County Division of the League of California Cities had requested the Board of Supervis6rs of Orange County to delay action on this matter for a period of one year to allow further study by the cities in Orange County as to the effect of these charges. August 14. 1967 It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to direct the City Manager to request the Orange County Board of Supervisors to delay the Board's consideration of the establishment of the rubbish transfer station charges for a period of one year to allow each City in Orange County to analyze the effect of the proposal upon the local rubbish collection service; and to inform the Orange County Disposal Association of this action. PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE REGARDING STORAGE OF VEHICLES: The Mayor announced this was the time and place for the Public Hearing to consider a proposed amendment to the Zoning Ordinance No. 90, to add Sections 125.24 and 125.25, setting forth the requirements for storage of vehicles, initiated by the Secretary of the Planning Commission. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager stated that affidavits of posting and publishing were on file in the Office of the City Clerk and that no written communications had been received in regard to this matter. The Planning Director George Putnam, reviewed the proposed amendment, which had been recommended for approval by the City Planning Commission. He advised that the proposed section would provide additional restrictions regarding the assembly, repair, dismantling, and storage of vehicles on "~' and'~D" zone private property and would require not only keeping dismantled vehicles out of the required setback but also would prohibit them anywhere on the private property, except in those areas in which the view is obscured from adjoining properties. The Mayor asked if anyone in the audience wished to speak for or against the propomd amendment. The City Manager reviewed the problems that had been encountered by the Planning Department as well as other City Departments in the past regarding the use of private property for the repair and dismantling of vehicles in open view of adjoining properties. In response to a question from Councilman McCarney, the Planning Director advised that the property at the southeast corner of Orange Avenue and Grindlay Street was located in a C-O zone, therefore, wnuld not be be affected by the proposed amendment. Mayor Harvey expressed concern in regard to properties that are zoned as an "R" use but are conducting commercial operations. There being no oral or written protests, the Mayor declared the Public Hearing dosed. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, TO ADD SECTIONS 125.24 AND 125.25, SETTING FORTH THE REQUIREMENTS FOR STORAGE OF VEHICLES It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the first 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 PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT--BLIND MADE PRODUCTS: The Mayor announced this was the time and place for the Public Hearing to consider an application from Mr. Ralph V. Beeler on behalf of Blind Made Products, 4101Melrose Avenue, Los Angeles, California, for a Special Permit for doc~to-door solicitation of items made or assembled by the Blind Made Products Industries. The Mayor declared the Public Hearing open and requested the staff to present its reports. August 14, 1967 The City Manager stated that affidavits of publishing and posting of the Public Hearing notices were on file in the Office of the City Clerk and that no written communications had been received. The City Manager read into the record a report dated August 10, 1967, which outlined the action which could be taken by the City Council and suggesting various conditions which may be in~osed by the City Council if the application is considered for approval. In response to a question from Councilman Bowen, the City Manager advised that the Code does not establish time limit requirements; however, a tir~ limit condition could be imposed by the City Council upon approval of the Special Permit. Councilman Bowen then stated that, if the permit is approved, he would wish a time limit to be set for solicitations to be conducted only between the house of 9:00 aom. and 6:00 p.m. In response to a question from Mayor Harvey, the City Manager stated that it is his understanding that the solicitors will present themselves as representatives of Blind Made Products. In response to various questions from City Councilmen, the City Manager and Police Chief reviewed the results of the Police investigation, which indicated that the firm was a profit making organization although the products are purchased from Blind Made Products Industries which employs blind and handicapped persons. In reference to a question posed by Mayor Harvey, the City Manager advised that one of the suggested conditions of approval of the Special Permit provides for revocation of the Special Permit upon evidence of any misrepresentation made during the course of the door-to-door solicitation. The Mayor asked if anyone~ the audience wished to speak for or against the Special Permit. There being no oral or written protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to approve Special Permit No. 67-2 to permit door-to- door solicitation of items made or assembled by the Blind Made Products Industries, subject to the following conditions: 1. Blind Made Products shall secure a valid business license. All employees of Blind Made Products who will be involved in the door-to-door solicitation shall be registered with the Police Department. Any misrepresentation made during the course of the door-to- door solicitation shall be deemed as cause for revocation of the Special Permit. Door-to-door solicimtion will be permitted only between the hours of 9:00 a.m. and 6:00 p.m. CONTINUATION OF CONSIDERATION OF ORDINANCE REDUCING THE NUMBER OF PLANNING COMMISSIONERS: The Mayor advised that the consideration of adopting an ordinance reducing the number of Planning Commissioners was scheduled for this time. In response to a question from Councilman Kanel, the City Manager stated that to his knowledge there were no matters scheduled in the near future for consideration by the Planning Cormmission which would necessitate a four-fifths vote of the members of the Commission, and for this reason, could fores~eno problems in the adoption of a non-emergency ordinance. Mayor Harvey addressed the Council restating his previous remarks in regard to his opposition to the reduction of the number of Planning Commissioners from seven to five members in that he feels it would make the Cormnission less effective in its operation. He further stated that a recommendation or opinion should be received from the members of the Planning Commissioners before any decision is made in this matter. He further stated that he does not agree with the interpretation of the City Code in regard to a term of office. August 14, 1967 In response to questions from various Councilmen, the Planning Director stated that in his experience he had known of cities whose Planning Commissions consisted of from five to nine members depending on the desires of the respective City Councils. Councilman Kanel stated that he favors a five-man Commission because it provides a smoother operation. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-20 OF THE CODE OF THE CITY OF CYPRESS TO REDUCE THE NUMBER OF EMBERS OF THE PLANNING COMMISSION FROM SEVEN TO FIVE It was moved by Councilman Kanel and seconded by Councilman McCarney to adopt the first reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, and Noe Bowen and Harvey None In response to a question from Councilman Kanel, the City Attorney stated that Item 10 dealing with the appointment of Planning Commissioners, was automatically omitted from consideration by the approval of the previous Ordinance. CONSIDERATION OF APPROVAL OF FINAL TRACT MAP NO. 6210 (LARWIN COMPANY): The City Manager presented Final Tract Map No. 6210, located north of Ball Road between Denni and Bloomfield Streets, consisting of ~ lots, plus Lots A to E Inclusive, 9.459 acres, as requested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Public Works Director presented a report dated August 10, 1967, reviewing the subject map and recormnending approval subject to the Developer's compliance with certain conditions. He further stated that Tract No. 6210 and Tract No. 6211, which is also on the agenda for consideration, will be the next two units of development in the entire quarter section which was originally subdivided as Tenmtive Tract No. 5374. In response to a question from Councilman Bowen, the Public Works Director explained the proposed alignment of the West Side Drain. Mr. Lee Goldin, Vice President of the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, addressed the Council answering various questions posed by members of the Council relating to plans for development of Tracts 6210 and 6211 and advised that the homes in these two tracts will be part of the Tanglewood Development. The Public Works Director further advised that the alley between Tract No. 6210 and the westerly border of the school site is only 13 feet wide and, therefore, additional right-of-way will be necessary in order to provide sufficient access to the dwelling units with garages on this alley. He further advised that the Developer has agreed to acquire the additional property necessary to complete the alley and street and dedicate same to the City, with any costs of condenmation or other proceedings required for public right-of-way acquisition to be paid for by the Developer. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to approve Final Tract Map No. 6210, accept the bonds and agreements for public improvements in the amount of $126,750.00, which is not less than 50 percent and not more than 100 percent of the total improvements, authorize the Mayor and Clerk to sign the bonds and agreements, and authorize the City Clerk to sign the record map upon completion of the following conditions: August 14, 1967 1. Completion of corrections on the Final Tract Map. Receipt by the City Clerk of a properly executed copy of the Amendment to the Memorandum of Understanding to the 2-A Drainage Agreement regarding financing and construction of storm drain facilities in the 2-A Drainage District. Approval by the City Manager and City Attorney of an Agreement between the City and Larwin Company regarding acquisition, dedication, and improvement of the additional right-of-way required for the alley and street adjacent to the westerly and southerly boundary of the existing school site. Posting of Performance Bond to guarantee performance of formal Agreement under Item No. 3 above. 5. Completion of corrections required on the improvement plans. 6. Approval of Bonds and Agreements by the City Attorney. Revisions of the C.C. and R's to include the maintenance of the landscaping in the median strip on Via Ingreso by the Tanglewood Homeowners' Association. The acceptance by the Subdivider of the above requirements as conditions of map approval. CONSIDERATION OF APPROVAL OF FINAL TRACT MAP NO. 6211 (LARWIN COMPANY): The City Manager presented Final Tract Map No. 6211, located north of Ball Road between Denni and Bloomfield Streets by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Public Works Director stated that this map was basically the same as Tract No. 6210 in that the conditions are similar. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to approve Final Tract Map No. 6211, accept the bonds and agreements for public improvements in the amount of $87,000.00 which is not less than 50 percent and not more than 100 percent of the total improvements, authorize the Mayor and City Clerk to sign the bonds and agreements and authorize the City Clerk to sign the record map upon completion of the following conditions: 1. Completion of corrections on the Final Tract Map. Receipt by the City Clerk of a properly executed copy of the Amendment to the Memorandum of Understanding to the 2-A Drainage Agreement regarding financing and construction of storm drain facilities in the 2-A Drainage District. Approval by the City Manager and City Attorney of an Agreement between the City and Larwin Company regarding acquisition, dedication, and improvement of the additional right-of-way required for the alley and street adjacent to the westerly and southerly boundary of the existing school site. Posting of performance bond to guarantee performance of formal agreement under Item No. 3 above. 5. Completion of corrections required on the improvement plans. 6. Approval of Bonds and Agreements by the City Attorney. Acceptance by the Subdivider of the above requirements as conditions of map approval. CONSIDERATION OF SUPPLEMENTAL BUDGET FOR 2 107.5 GAS TAX FUNDS (ENGINEERING): The City Manager presented a report dated August 9, 1967, from the Public Works Director advising of an additional $1,000 which is available to the City under the State Gas Tax Fund Program and setting forth the need to adopt a Resolution approving and submit ting a Supplemental Gas Tax Budget for the 1967-68 fiscal year. August 14, 1967 It was moved by Councilman Noe and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 806 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING AND SUBMITTING A SUPPLEMENTAL BUDGET FOR EXPENDITURE OF STATE ALLOCATED (ENGINEERING) FUNDS 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 APPOINTMENT TO FLY ABATEMENT BOARE: The City Manager presented a report dated August 10, 1967, advising of the necessity to appoint a member of the Planning Commission to fill the vacancy left by the expiration of the term of Planning Cormnissioner Leo Baroldi as the Planning Commission's representative on the Fly Abatement Board. It was moved by Councilman Bowen that Planning Commissioner Worley be considered for this appointment due to his experience with the fly situa- tion in the City of Cypress. It was then moved by Councilman Kanel that Planning Con~nissioner Borders be considered for this appointment. Mayor Harvey stated that the main consideration of the City Council should be to appoint a person who is familiar with the fly problem in Cypress. After general discussion, it was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to appoint Planning Commission Chairman Henry Hickey to serve as the Planning Cormnission's temporary representative on the Fly Abatement Board and that the Planning Commission forward their recommendation regarding the representative from the Planning Cormmission who would be available for service as the Planning Commission's representative on the Fly Abatement Board. CONSIDERATION OF APPLICATION FOR PRIVATE PATROL PERMIT--BLANDER PATROl,: The City Manager presented a report dated August 10, 1967, stating that an application for the operation of a private patrol service in the area east of Moody Street on Lincoln Avenue in the City of Cypress has been received from Mr. Armas A. Blander, representing Blander Patrol. The Police Department has conducted an investigation of the applicant and finds no objection to the approval of the permit by the City Council. In response to a question from Mayor Harvey, the City Manager advised that a private patrol serves on a premises in the same manner as a watchman. In response to a question from Councilman Kanel, the Police Chief advised that if this permit is granted, this would be the fifth patrol service to be licensed within the City of Cypress. The Police Chief further advised that there has been some question raised as to the City's right to regulate the licensing of private patrol services, which are under the control of the State but that the City has maintained the right to license this type of business. The City Manager advised that Chapter 21 sets forth certain requirements to be accomplished by Private Patrol Services including licensing and designation of uniform color. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to authorize the issuance of a permit for Private Patrol Service to Blander Patrol Service, 4924 North Bonnie Cove Avenue, Covina, California, in accordance with Chapter 21 of the Cypress City Code. SU~ER PLACE IMPROVEMENT--APPROPRIATION OF FUNDS: The City Manager presented a report dated August 10, 1967, setting forth the need to appro- priate additional funds for the Summer Place Improvement Project which is necessitated by the increase in cost over the original estimate which will require the transfer of funds in the amount of $3,993.97 from General Fund revenues to provide for this increase. 119 August 14, 1967 It was moved by Cotmcilman Noe and seconded by Councilman Bowen to authorize a transfer of funds in the 1967-68 Budget in the amount of $3,993.97 from the Reserve for Capital Improvements to the Summer Place Improvement 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 RECESS: It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to declare a five minute recess at 9:08 p.m. The meeting was called back to order at 9:13 p.m., all City Councilmen being present. AUTHORIZATION TO INITIATE UNINHABITED ANNEXATION: The City Manager presented a report dated August 10, 1967, advising of a request from Larwin Company, who owns an 8.91 acre piece of property in the County unincorporated area north of the City of Cypress City limits between Moody and Grindlay Streets, for the City Staff to intiate proceedings for annexation of their property to the City of Cypress. The City Manager further indicated that he had forwarded a corfanunication to the Cypress School District on behalf of the City Council requesting their considera- tion of whether or not the School Site also located in this area should be included in an annexation in this area and the Cypress School Board of Trustees had indicated that the Board would look favorably upon the inclusion of the Cypress School site in the annexation proposal. The City Manager further indicated that he had been in contact with other property owners in this area south of Lincoln Avenue and could foresee no problems in obtaining approval of this proposal. The City Manager also advised of the possibility of extending the annexa- tion to include the area on the north side of Lincoln Avenuestending easterly from Moody Street to the Cypress City Limits, and stated that the total assessed valuation of the Larwin Company's property and Richfield Oil Company's property is in excess of the 50% assessed valuation of the entire area, both on the north and south sides of Lincoln Avenue, which would allow the City to draw an annexation boundary including the entire area, with the assumption that a 50% protest based on assessed valuation could not be submitted. Upon request from Mayor Harvey, the City Manager reviewed the advantages of annexing to the City of Cypress, including police protection, street sweeping service, street maintenance, and the availability of other municipal services. In response to questions from various Councilmen, the City Manager stated that the City Staff had not contacted any of the property owners on the north side of Lincoln Avenue to determine their desires regarding annexa- tion to the City. In response to an inquiry from Mayor Harvey, the City Manager indicated that the property owners could appear at both the Local Agency Formation Commission's hearing and at the required he aring to be held at a later date by the City Council. The City Manager and Planning Director responded to various questions presented by members of the City Council relative to the differences between the Code requirements of the City and County. In reference to a question from Councilman Kanel, the City Attorney explained the provisions of the Law relating to annexations which allows the deletion of five percent of the area after the annexation map has been filed with the Local Agency Formation Commission. Concern was expressed by various members of the City Council regarding whether or not the property owners on the north side of Lincoln Avenue would favor annexation to the City of Cypress. AuRust 14_ 1q~7 The City Manager suggested that there was sufficient time to contact the property owners on the north side of Lincoln Avenue to determine their wishes in this matter and report back to the City Council at its next meeting, at which time the decision as to whether or not to include the properties on the north side of Lincoln in the annexation proposal could be made. Following general discussion, it was moved by Councilman McCarney and seconded by Councilman Kanel to authorize the City Staff to proceed with the preparation of the necessary maps and legal descriptions for annexation of that area located on the south side of Lincoln Avenue between Moody and Grindlay Streets. Mayor Harvey stated that he thought this annexation was a logical addition to the City but would wish to continue consideration to allow the Staff to contact the property owners on the north side of Lincoln Avenue to determine whether or not they would wish to be included in the annexation proposal. Councilman Noe stated that he concurred in Mayor Harveyts statement. Councilman Kanel stated that he would like to propose an amendment to the original motion stating that the Staff contact the property owners on the north side of Lincoln Avenue to determine their interests in being annexed to the City of Cypress and that if 75% of the assessed valuation of the property owners indicate their desire to be annexed then that area will be included in the annexation proposal submitted to the Local Agency Formation Commission; but that if less than 75% express approval of the annexation proposal, then that area north of Lincoln between Grindlay and Moody will be excluded from the annexation. Mayor Harvey again expressed this desire to continue consideration of this annexation until the property owners north of Lincoln Avenue have been contacted by the members of the City Staff. Councilman Kanel withdrew his motion. The following roll call vote was taken on Councilman McCarney's motion: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, and McCarney Noe and Harvey None It was then moved by Councilman Bowen and seconded by Councilman McCarney to authorize the City Staff to file the annexation proposal with the Local Agency Formation Commission. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, and McCarney Noe and Harvey None AUTHORIZATION FOR CITY MANAGER TO ATTEND SUMMER SEMINAR: The City Manager presenteda report dated August 10, 1967, requesting authorization for the City Manager to participate in the Summer Seminar for City Managers on August 24 through 27, 1967, which is sponsored by the U~versity of Southern California School of Public Administration in conjunction with the Civil Defense Training Program. It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to authorize the City Manager to attend the Summer Seminar sponsored by the University of Southern California on August 24-27, 1967, and that he be reimbursed for his actual and necessary expenses. AUTHORIZATION FOR TRANSFER OF FUNDS--1967-68 BUDGET: The City Manager advised the Council Of the need to appropriate funds in the Drainage District 2-A Account for the payment of drainage facilities constructed in Drainage District 2-A, pursuant to the Amendment to the Memorandum of Understanding authorized by the City Council at its meeting of May 29, 1967. August 14, 1967 Following discussion, it was moved by Councilman Bowen and seconded by Councilman Noe to authorize a transfer of funds in the amount of $69,430.91 from the General Fund of the 1967-68 Budget to the Drainage District 2-A Account. 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 APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NOS. 17408 THROUGH 17497: In response to a question from Councilman Bowen, the City Manager stated that two checks were forwarded to the same Company because they are payments in connection with two separate agreements. In response to a question from Councilman Bowen, the Public Works Director advised that the construction on Valley View Street is 90 percent completed at this time but that the Railroad crossing would not be completed until a later date. The Public Works Director further answered a question from Councilman Kanel relative to the estimated time for completion of the construction on Valley View Street. It was moved by Councilman Bowen and seconded by Councilman Kanel to approve the Commercial Warrant List, Warrants Nos. 17408 through 17497, in the total amount of $320,551.77. 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 RE: ZONE CHANGE NO. Z-158 (LARWIN COMPANY): It was moved by CoLmcilman Bowen, seconded by Councilman Noe, md unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 352 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD STORES), ZONE CHANGE NO. Z-158 It was then moved by Councilman Noe and seconded by Councilman Kanel to approve the second reading of the above Ordinance. The motion~as carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Noe, and Harvey Bowen None REQUEST FOR CLOSURE OF ORANGE AVENUE: The City Manager stated that the City had received a request from Southern California Edison Company to authorize the closure of Orange Avenue between Bloomfield and Denni Streets for a three week period to allow for the construction of a 16-inch diameter hot line in Orange Avenue from Bloomfield Street to the Edison Company Pumping Plant at Moody Street. The Public Works Director addressed the Council further outlining the necessity for such a closure and stating that the contractor will be required to maintain access to occupied parcels in this area at all times, and that one lane in each direction will be opened to traffic through the construction area from stop of work on Friday night to start of work on Monday morning. August 14, 1967 It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to authorize the closure of Orange Avenue between Bloomfield and Denni Streets during a three week period, commencing August 15, 1967 and ending September 5, 1967, with access to be maintained to occupied parcels at all times, and with one lane in each direction to be opened to traffic through the construction area from stop of work on Friday night to start of work on Monday morning. General discussion ensued regarding the improvement of Walker Street and the condition of Juanita Street and Ball Road. Following discussion regarding the City tour for the Councilmen, it was generally agreed that the tour would be held on Friday, August 25, 1967. Councilman Kanel stated that he would like to introduce further action regarding the uninhabited annexation discussed earlier in the meeting. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to place consideration of the uninhabited annexation on Lincoln Avenue on the Agenda at this time. RECONSIDERATION OF INCLUSION OF PROPERTY LOCATED NORTH OF LINCOLN AVENUE IN THE PROPOSED UNINHABITED ANNEXATION: It was moved by Councilman Kanel and seconded by Councilm~ McCarney to forward a communication to the property owners on the north side of Lincoln Avenue between Moody and Grindlay Streets to determine their desires in connection with annexing to the City of Cypress. Mayor Harvey stated that as this matter had been considered earlier in the evening, he did not feel it would be proper to reconsider it at this time. The following roll call vote was taken on Councilman Kanel's motion: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel and McCarney Bowen, Noe, and Harvey None The motion failed to carry. Councilman Noe stated that he concurred in the statement made by Mayor Harvey and further stated that if any action were to be taken regarding the north side of Lincoln Avenue, it should have been done when a number of the property owners from Lincoln Avenue were present in the audience and that taking additional action after the property owners had left the meeting would give the citizens the wrong impression as to the City's intentions. Councilman Bowen stated that he would concur in Councilman Noe's remarks. In response to a question from Councilman Kanel, the City Manager stated that he had obtained the City Council's permission to forward the communica- tion regarding the proposed uninhabited annexation on Lincoln Avenue to the Cypress School District Board of Trustees. The City Manager presented the members of the Council with a Legislative Bulletin from the League of California Cities directing their attention to Assembly Bill 2454 regarding the State Gas Tax Program administration. The City Manager suggested that unless the Council would direct otherwise, he will forward a communication to the Governor urging his support of this n~asure. The City Manager then informed the City Council of a problem which has arisen in determining the street improvement requirements in connection with the building permits required by Forest Lawn Cemetery. It was generally agreed that the City Manager should contact Mr. Hilton and Mr. Llewellyn of Forest Lawn and attempt to arrive at a solution to the differences between Forest Lawn and the City and the City Manager will present a report of these discussions to the City Council for consideration at tis next meeting. August 14, 1967 In regard to a suggestion from Councilman Kanel, the City Manager stated that, if the differences between Forest Lawn and the City regarding street improvement requirements are not able to be worked out, the next procedure would be joint discussions between Forest Lawn and the members of the City Council. The City Manager then stated that he would like to place this matter for c on sideration on the next City Council agenda for the City Council meeting of August 28, 1967. The City Manager then requested the City Council to reconsider the date established for the City Tour inasmuch as he will be attending the City Managerst Summer Seminar on that date. It was generally agreed to change the date of the City Tour to Friday, September 1, 1967. It was moved by Councilman Kanel, seconded by Councilman Noe, and unanimously carried, to consider at this time, the adoption of a Resolution of commendation for the two Cypress Little League teams who advanced and won three championships. COMMENDATION OF CYPRESS LITTLE LEAGUE TEAMS: It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to direct the City Manager to foreward a letter of cor~nendation to all members of the two Cypress Little League teams expressing the City Council's apprecia- tion of the fine manner in which they participated in Little League activi- ties during the 1967 year; and further that the City Council adopt a Resolution commending the two Little League teams, a copy of which is to be sent to the Managers of the two teams. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to consider corranendation of the two City Planning Commissioners whose terms recently expired. COMMENDATION OF PLANNING COMMISSIONERS LEO BAROLDI AND FRANK FERREIRA: It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, that a Resolution of commendation be prepared and presented to Commissioners Leo Baroldi and Frank Ferreira for their service to the community as members of the Cypress Planning Commission. It was then moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, that a community service plaque be presented to these two Commissioners to express the appreciation of the City Council for their service. ADJOURNMENT: It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, the meeting adjourn at 10:32 p.m. ATTEST: ' MAYOR OF THE C~~S August 14~ 1967