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Minutes 68-01-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 22, 1968 Mayor Pro-tem Richard Bowen called the meeting to order at 7:30 p.m. in the City Council Chambers, 5275 Orange Avenue, Cypress. PRESENT: Councilmen Bowen, Kanel, McCarney, and Noe ABSENT: Councilman Harvey Also present were City Manager/City Clerk Darrell Essex, Deputy City Attorney Len Hampel, Administrative Assistant Gene Poertner, Planning Director George Putnam, Public Works Director Arthur Schatzeder, Police Chief Geoege Savord, and Finance Director Jim Grissom. RESOLUTION OF COMMENDATION AND PRESENTATION OF COMMUNITY SERVICE PLAQUE TO ROBERT J. MURRAY: The Mayor Pro-tem announced that Cypress Police Lieutenant Robert J. Murray, who has been with the City for nine years was recently selected as Police Chief for the City of Pinole, California. It was moved by Councilman Noe and seconded by Councilman Kanel to adopt the following Resolution, title as follows: RESOLUTION NO. 835 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING ROBERT J. MURRAY FOR HIS CONTRIBUTION TO THE GROWTH OF THE CITY DURING HIS NINE YEARS OF SERVICE WITH THE CITY. Councilman McCarney suggested that inasmuch as Lieutenant Murray has been with the City for nine years, he thought it would seem appropriate to present him with a community service plaque. Following discussion, Councilman Hoe and Kanel agreed to amend their original motion to include the presentation of a cormmunity service plaque to Robert J. Murray. The motion with the amendment was then unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Kanel, McCarney, and Noe None Harvey ORAL COMMUNICATIONS: Mr. Jack Leneker, 4504 Middlebury Circle, Cypress, addressed the Council commending the Council and Staff on the organization and conduct of the Town Hall Meeting on drainage. He further suggested that the unincorporated areas located north of the City should be considered for inclusion in any bond issue which may be placed on the April 9th ballot. MAYOR HARVEY ARRIVED AT 7:45 P. M. AND TOOK HIS PLACE OH THE PODIUM AND PRESIDED DURING THE REMAINDER OF THE MEETING. Mr. Delno Kanode, 5184 Melbourne Drive, Cypress, addressed the Council commending the City Staff for the success of the program welcoming the government officials from South Vietnam. City Manager Darrell Essex stated that he had been advised by officials from the University of Southern California that the visit to Cypress was a highlight for the Vietnamese officials visit in the United States, and they had been impressed with the number of organizations participating in this event. Since Item No. 1 was a public hearing scheduled for 8:00 p.m., it was moved by Councilman Bowen, seconded by Councilman Hoe and unanimously carried to proceed to Item 2 on the agenda at this time. January 22, 1968 COMMUNICATION FROM CITY OF COMMERCE RE: DISTRIBUTION OF CIGARETTE TAXES TO CITIES: The City Manager presented two communications from the City of Cormnerce suggesting that it would be inappropriate for the League od California Cities to take any official action on the subject of distribution of cigarette taxes due to the fact that any formula utilized would affect every city in the State in a different manner and transmitting a copy of a Resolution requesting the League of Cities to take no position on this matter. The City Manager indicated that the City of Commerce is apparently opposed to the formula proposed by the League due to the loss of revenue which would occur in the City of Commerce under this formula. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT TRANSMITTING BOARD OF TRUSTEES MINUTES: The City Manager reviewed a communication from the Orange County Mosquito Abatement District transmitting a copy of the Minutes of the Meeting of the Board of Trustees held December 21, 1967. A copy of these Minutes is on file in the office of the City Clerk. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried these minutes be received and filed. COMMUNICATION FROM ORANGE COUNTY HEART ASSOCIATION RE: PROCLAMATION OF "NEART FUND MONTH" AND "HEART FUND SUNDAY WEEK": The City Manager reviewed a communication dated January 18, 1968, from the Orange County Heart Association requesting the Mayor and City Council to proclaim the month of February, 1968, as "Heart Fund Month" and further to proclaim February 26 through March 3, 1968, as "Heart Fund Sunday Week" in the City of Cypress. It was moved by Councilman Bowen, seconded by Councilman Noe and unani- mously carried to proclaim the month of February, 1968, as "Heart Fund Month" and to further proclaim February 26 through March 3, 1968, as "Heart Fund Sunday Week" in the City of Cypress, following which Mayor Harvey did so proclaim. COMMUNICATION FROM DIEHL~ EVANS AND COMPANY RE: QUARTERLY FISCAL AUDIT FOR PERIOD ENDING SEPTEMBER 30~ 1967: The City Manager presented a communication dated December 15, 1967, from D. E. Callahan on behalf of Diehi, Evans and Company, the City's auditing firm, which indicates that the quarterly fiscal audit for the three-month period ending September 30, 1967, has been completed. It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY WATER DISTRICT RE: METROPOLITAN WATER DISTRICT WATER RATES: The City Manager reviewed a communication dated January 3, 1968, from Howard W. Crooke, Secretary Manager of the Orange County Water District, transmitting a copy of a statement which was presented to the State Assembly on water which is basically a reply to the proposal of the City of Los Angeles whereby Metropolitan Water District would reduce property taxes and increase water rates. The Orange County Water District feels that such a proposal is unjust and unfair to the water users in Orange County. The City Manager indicated that the Committee hearing on this matter was held in Sacramento on January 11 and 12, 1968; however, the City has received no definite information as to the results of these committee hearings. It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously carried this communication be received and filed. COMMUNICATION FROM CITY OF TUSTIN RE: DETACHMENT OF CITY OF HUNTINGTON BEACH FROM ORANGE COUNTY HARBOR DISTRICT: The City Manager reviewed a communication dated January 4, 1968, from the City of Tustin which transmits copies of letters sent to Mayor Honold as President of the January 22, 1968 Orange County Chapter of the League of California Cities and to the Local Agency Formation Conmission; and a copy of the transcript of the Tustin City Council meeting of January 2, 1968, concerning the proposed detachment of the City of Huntington Beach from the Orange County Harbor District. The cormnunication indicates that the City of Tustin is in sympathy with the City of Huntington Beach in this matter and has requested the Local Agency Formation Conmission to continue the hearing and further requested the Orange County League of California Cities to conduct further discussions on this matter. In response to a question from Councilman Bowen, the City Manager advised that the study which was to be conducted by the Orange County League of Cities has not as yet been received by the City. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried this communication be received and filed. RECESS: The Mayor declared a recess at 7:58 p.m. The meeting was called back to order at 8:00 p.m., all City Councilmen being present. PUBLIC HEARING RE: VACATION OF PORTION OF NORTH SIDE OF CERRITOS AVENUE WEST OF VALLEY VIEW STREET: The Mayor announced this was the time and place for a Public Hearing to consider protests to the vacation of a portion of the north side of Cerritos Avenue west of Valley View Street in the City of Cypress. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager stated that the affidavits of posting the Notices of the proposed vacation were on file in the office of the City Clerk and no written communications have been received concerning this matter. The City Manager then presented a report dated January 22, 1968, outlining the necessity for the proposed vacation which is basically to eliminate the hazardous curve on Cerritos Avenue. The report further indicated that all affected utility companies have indicated that they are in agreement with the proposed vacation. The Mayor asked if anyone in the audience wished to speak for or against the proposed vacation. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 836 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING A PORTION OF THE NORTH SIDE OF CERRITOS AVENUE WEST OF VALLEY VIEW STREET. 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 COMMUNICATION FROM CITY OF HUNTINGTON BEACH RE: PROPOSED DETACHMENT OF CITY OF HUNTINGTON BEACH FROM ORANGE COUNTY HARBOR DISTRICT: The City Manager presented a communication from the City of Huntington Beach transmitting a copy of the report presented to the Local Agency Formation Conmission on January 10, 1968, outlining the reasons for the proposed detachment of the City of Huntington Beach from the Orange County Harbor District. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried this communication be received and filed. January 22, 1968 241 EXTENSION OF TIME ON SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 5338 (DON WILSON BUILDERS): The City Manager presented a report dated January 17, 1968, from the Public Works Director advising that the developer of Tract No. 5338, which is located at the southwest corner of Orangewood Avenue and Knott Street, has requested an extension of time on the Subdivision Improvement Agreement for installation of improvements in Tract No. 5338. The City Manager reviewed two conditions which had been suggested by the Public Works Director for inclusion in the Subdivision Improvement Agreement as a condition of granting the extension request. It was moved by Councilman McCarney, and seconded by Councilman Kanel to approve a one-year extension of time on the Subdivision Improvement Agreement for the construction of the public improvements in Tract No. 5338 and that an amendment be added to the Subdivision Improvement Agreement incorporating the following conditions: Maintain tract in a clean condition at all times free of weeds, debris, and rubbish. Provide regular street sweeping service on completed streets a minimum of every two weeks and maintain completed streets clean and free of dirt and debris. In response to a question from Councilman Noe concerning condition No. 2, the Public Works Director advised that the developer was planning to utilize the City's street sweeping contractor in order to coordinate the street sweeping activities in Tract No. 5338 with those in the areas adjacent to this tract. In answer to an inquiry from Mayor Harvey, the Public Works Director advised that Don Wilson had indicated the public improvements for Tract No. 5338 should be completed within the next six to eight months. Councilman McCarney's motion to grant the extension was then unanimously carried. RESOLUTION RE: CONDUCT OF GENERAL MUNICIPAL ELECTION--APRIL 9, 1968: The City Manager presented a report dated January 19, 1968, transmitting a Resolution calling and giving notice of the General Municipal Election to be held April 9, 1968, and appointing precinct officers and designating the polling places. The report further indicated that it would be necessary for the Council to determine the hours the polls will be open and to further determine the amount of the deposit to be required to cover the cost of mailing the Candidates' statementsof qualifications. The City Manager advised that during the 1966 Election a $50.00 deposit was required for printing the Candidates' statements of qualifications and this amount appeared to be adequate. General discussion ensued as to whether the polls should close at 7:00 p.m. or 8:00 p.m. and Mr. John Smith, 9399 Esther Street, Cypress, having been recognized by the Mayor and permitted to speak at this time, requested the Council to consider allowing the polls to remain open until 8:00 p.m. to permit commuters ample time in which to reach the polls. In response to a question from Councilman Bowen, the City Manager stated that there would be no added costs to the City if the polls were allowed to remain open the extra hour. It was moved by Councilman Bowen and seconded by Councilman McCarney to adopt a Resolution calling and giving notice of a General Municipal Election to be held on April 9, 1968, with the polls to be open between the hours of 7:00 a.m. and 8:00 p.m. Title of the Resolution is as follows: January 22, 1968 RESOLUTION NO. 837 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN BAlD CITY ON TUESDAY, APRIL 9, 1968, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Nee, and Harvey None None It was then moved by Councilman Bowen and seconded by Councilman Nee to require a $50.00 deposit by candidates to cover the costs of printing the Candidates' statements of qualifications. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bewen, Kanel, McCarney, Nee, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Harvey CONSIDERATION OF C~LLING GENERAL OBLIGATION BOND ISSUE FOR DRAINAGE FACILITIES TO BE CONSOLIDATED WITH GENERAL MUNICIPAL ELECTION TO BE HELD APRIL 9~ 1968: The City Manager presented a report dated January 19, 1968, reviewing the results of the questionnaires com- pleted during the Town Hall Meeting on drainage which was conduted on January I0, 1968, which indicated that there was a strong sentiment. in support of a general obligation bond issue of a sufficient amount to cover both existing and future drainage needs of the community. The City Manager indicated that a bond election in the amount of $900,000 would be sufficient to resolve the majority of existing and future drainage problems. General discussion ensued in regard to obtaining monetary assistance in the flood control program from both the Federal Government and the Orange County Flood Control District and the City Manager indicated that if the City has its own funds available, it is not as difficult to obtain assistance from the Federal Government and the County. Discussion was introduced by Councilman Bowen concerning the projected amount of assistance which could be received from the County, specifically in regard to improving the Jonathan Storm Channel, and the possibility of the County eventually assuming the maintanance responsibility for the 2-A Channel. Councilman Kanel indicated that he felt a bond election for drainage purposes would be in the best interests of the City. It was moved by Councilman Kanel and seconded by Councilman Nee to adopt the following Resolution, title as follows: RESOLUTION NO. 838 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION AND CONSTRUCTION OF A CERTAIN MUNICIPAL IMPROVEMENT AND MAKING FINDINGS RELATING THERETO. Councilman Bowen stated that, although he had not generally been in favor of bond issues, in view of both the response from the citizens present at the Town Hall Meeting and the limited taxes available for drainage improvements, he would concur in calling a bond issue. Councilman Kanel's motion was then ~nanimously carried by the following roll call vote: January 22, 1968 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None Mayor Harvey suggested that the bond election not be held in conjunction with the General Municipal Election in order to avoid the possibility of a Council candidate using this issue to promote his own interest rather than the interest of the community. He then suggested the possibility of conducting the bond election sometime between the General Municipal Election and the Primary Election in 3une since this would provide the citizens an opportunity to concentrate their entire efforts toward a successful bond election. In response to Mayor Harvey's suggestions, Councilman Bowen stated that in conducting a bond election separately from the General Municipal Election, the voters' response is not as great. He further stated that the farther you move away from the rainy season the better the chances for a bond election for drainage to be defeated. Councilman Noe stated that although he did not feel there was ever an ideal time to hold a bond election, he did feel there was a time when such an election was necessary. Councilman Kanel concurred in the statements made by Councilmen Noe and Bowen and further stated that facts could be distorted whether the bond is considered in conjunction with the General Municipal Election or in a special election held later in the year. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION, TO BE HELD IN SAID CITY ON APRIL 9, 1968, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR A CERTAIN MUNICIPAL IMPROVEMENT AND CONSOLI- DATING SAID ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON SAID DATE' It was then moved by Councilman Bowen and seconded by Councilman Noe to approve the first reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, and Noe Harvey None Mayor Harvey then stated that he is in favor of a general obligation bond election for drainage; however, he is opposed to consolidating the bond election with the General Municipal Election in April, 1968. RECESS: It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously carried to recess at 8:50 p.m. The meeting was called back to order at 8:55 p.m. all City Councilmen being present. CONSIDERATION OF RECOMMENDATION OF THREE-CITIES FIRE STUDY COMMITTEE RE: DEVELOPMENT OF MASTER PLAN FOR FIRE PROTECTION SERVICES: The City Manager presented a report dated January 19, 1968, reviewing the recommendations submitted by the Three-Cities Fire Study Committee, which consists of the Cities of Cypress, Los Alamitos and La Palma, and which was formed for the purpose of reviewing the feasibility of establishing a County Fire service district to service the three incorporated Cities as well as the adjacent unincorporated areas which are presently being serviced by the paid volunteer fire personnel operating from the Cypress and Los Alamitos County fire stations. January 22, 1968 The proposal of the committee was to construct an initial fire station in the City of Cypress adjacent to the industrial areas of Cypress and Los Alamitos which will consist of three men on duty at all times who would not only respond to calls in the industrial areas but would also serve to supplement the present paid volunteer departments in other areas of the District. The City Manager indicated that in order for the City of Cypress to participate in this proposal it would have to assure the County that the land on which the initial station is to be constructed will be acquired by the City. In addition, the City will be required to prepare a master plan for fire protection service for the City of Cypress which is to be combined with the master plans developed by the Cities of Los Alamitos and La Palma and submitted to the Orange County Board of Supervisors for consideration during the 1968-69 fiscal year. General discussion was hald in regard.to the areas of the City which would be serviced by the District as well as the method of financing the construction of the station and paying the full-time personnel to be employed in the fire service district, and the City Manager advised that it is estimated that the operating cost for this program would require funds equal to $.08 per $100 assessed valuation. In response to an inquiry from Mayor Harvey, the City Manager indicated that the estimated rate of $.08 for the cost of this service would be in addition to the existing County structural tax rate and the amounts paid the County for the paid-call volunteer service. The City Manager further indicated, however, that if a fully-manned department were to be located within the area, it is conceivable that either the structural fire rate could be removed or the City would not be required to pay for the services of the paid-call volunteer department. Following general discussion, it was moved by Councilman Bowen, seconded by Councilman McCarney and unanimously carried to approve the recommen- dations of the Three-Cities Fire Study Committee for establishing a fire service district and to authorize the City Manager to prepare a master plan for fire protection services for the City of Cypress as it relates to adjacent incorporated and unincorporated areas; and to further authorize the City Manager to show in the master plan project that the City of Cypress would acquire the property required for the construction of an additional fire station withim the City. REQUEST FOR AUTHORIZATION TO INITIATE CONDEMNATION PROCEEDINGS FOR WALKER- GRINDLAY STORM DRAIN: The City Manager reviewed a report dated January 22, 1968, outlining the necessity of acquiring easements over certain properties located between Walker and Grindley Streets and also over a portion of property located west of Grindlay Street for storm drain purposes. The City Manager also presented ~ketches and cost estimates indicating the location of and the estimated cost for two alternate routes, known as Route A and Route B, in which the storm drain could be located. Either route would require the acquisition of right of way with Route A requiring easements from properties owned by Mr. Baker and Mr. Gouyd and Route B requiring easements over ~ive lots to be constructed in Tract 6222. Inasmuch as negotiations which had been conducted with the property owners of Route A in regard to acqL~ing the easements had not been successful, it would now be necessary to acquire the easements either through condemnation or through adopting Route B, which is a more expensive route. In response to a question from Mayor Harvey, the City Manager indicated that the reluctance on the part of the property owners to dedicate is due primarily to problems they have encountered in the past with private contractors and the inconvenience which will be created during the time of construction as well as the effects the construction will have on the future use of their properties. January 22, 1968 245 Councilman McCarney indicated that even though Route B is the more expensive route, he would favor this alternate since the 20-foot easement which would be required from the properties of Mr. Gouyd and Mr. Baker would place limitations on the opportunities for sale and development of the properties. In response to a question from Mayor Harvey, the City Manager outlined the benefits which would be afforded the property owners in granting this easement, with the most direct benefit being the guarantee of adequate drainage through the location of the drainage facility on their properties. General discussion ensued in regard to the possibility of developing the properties with the easements and the City Manager and Planning Director indicated that since the drain would be underground, the property could still be developed with the easement areas being utilized for driveways, parking or street access. In response to a question from Councilman Kanel, Deputy City Attorney Len Hampel explained the instances when, as a result of condemnation, property owners can collect severance damages. He indicated that it would be very unlikely that severance damages would enter into the condemnation under discussion since the proposed storm drain would be an underground system, which makes it difficult to determine the damages which would result to the adjoining property as a result of the storm drain installations. Mr. Gouyd, 9241 Walker Street, who. is owner of one of the parcels under consideration for condemnation, addressed the Council concerning the unstable soil conditions on his property and the possibility of damage occurring to his residence during construction as a result of these soil conditions. In response to a question from Mr. Gouyd, the Deputy City Attorney explained the contractural procedures of providing contingencies for damages which may occur to properties during construction. In response to a question from Councilman Bowen, Deputy City Attorney Len Hampel explained that after a condemnation proceeding has been initiated,'it is possible for the City and the parties involved to reach a settlement by entering into a right of way contract or a stipulated judgment and subsequently dismiss the condemnation action. In either the right of way contract or the stipulated judgment both parties indicate the various conditions they wish covered. In answer to a question from Mayor Harvey, the Deputy City Attorney advised that the right of way agreement is binding for the length of time specified in the contract; whereas a stipulated judgment would always be binding. Discussion was introduced by Councilman McCarney in regard to utilizing Route B for the storm drain and the City Manager and Public Works Director outlined the advantages and disadvantages of utilizing this route. It was indicated that although Route B contains properties which are presently uninhabited, the easement would ultimately cross several lots within Tract 6222 thereby hindering the prospective property owners from constructing awnings, swimming pools or other structures which would encroach into the yard setback. The Public Works Director further advised that a perched water condition exists in Route B which would require the installation of wood or steel shoring, thus necessitating an additional $1,000 to $2,000 expenditure. He also indicated that this condition could also result in the ditch sloughing in and endangering the foundation of the existing dwelling, which is within approximately three feet of the property line. Following further discussion concerning Routes A and B, Mr. Baker, 9195 South Walker Street, Cypress, addressed the Council as one of the property owners whose property is under eonsideration for condemnation, and reviewed some of the problems he had encountered with past con- struction adjacent to his property. It was moved by Councilman McCarney and seconded by Councilman Bowen to direct the Staff to proceed with the acquisition of the property as outlined in Route B. January 22, 1968 General discussion then was held in connection with the previous difficulties encountered by Mr. Baker and upon the request of the City Council, the Public Works Director reviewed the circumstances which had resulted in these difficulties. The work had been performed by a private contractor who had made an agreement with Mr. Baken in regard to obtaining permission to encroach onto Mr. Baker's property. The Public Works Directur further indicated that since no liens had been filed with the City concerning the work performed by the private contractor, the City had released the bonds after expiration of the required lien period. Following further discussion, the following roll call vote was taken on Councilman McCarney;s motion to approve Route B: AYES: 1 COUNCILMEN: NOES: 4 COUNCILMEN: ABSENT: 0 COUNCILMEN: McCarney Bowen, Kanel, Noe, and Harvey None The motion failed to carry. In answer to an inquiry from Councilman Kanel, the City Manager indicated that the City would be willing to include in any agreement with Mr. Baker and Mr. Gouyd a guarantee that the City will pay for any damage occurring as a result of the storm drain construction. The City Manager further indicated that since the contractor who wopld perform the proposed storm drain construction would be employed by the City rather than by a private firm, the City could exercise more controls over the work of the contractor. May~r Harvey and Councilmen Kanel and Noe indicated that they would be in favor of approving Route A if the proper measures and guarantees were afforded the property owners involved to assure that the inconveniences encountered by them would be minimal. Councilman Bowen indicated that he would not favor either route until he had reviewed the layout of the homes in Tract 6222 which would be affected by the ~oute. RECESS: The Mayor declared a recess at 10:28 p.m. The meeting was called back to order at 10:38 p.m., all City Councilmen being present. In response to a question from Councilman Kanel, the Deputy City Attorney advised that in the event an agreement is reached after condemnation proceedings have been initiated, the agreement would have to be approved by the Council. It was moved by Councilman Kanel and seconded by Mayor Harvey to adopt the following Resolution authorizing initiation of condemnation proceedings on properties owned by Clayton Gouyd, Claude Baker and Laura Cota. The title of the Resolution is as follows: RESOLUTION NO. 839 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 T~EHEFOR. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, Noe, and Harvey McCarney None Upon the request of the Council, the Deputy City Attorney briefly reviewed the procedures to be followed in a condemnation action. January 22, 1968 247 CONSIDERATION OF ABANDONMENT OF PORTION OF FIRST ALLEY SOUTH OF LINCOLN AVENUE EASTERLY OF WALKER STREET: The City Manager presented a report dated January 22, 1968, reviewing the extent of the proposed abandonment of the easterly 135 feet of the alley located south of Lincoln Avenue easterly of Walker Street adjacent to the proposed Pup N' Taco Drive Up at the southeast corner of Walker Street and Lincoln Avenue. The Planning Commission upon consideration of this abandonment determined that it was not in conflict with the Master Plan of Streets and Highways and recommended approval by the City Council. Since the Cypress County Water District and the Southern California Water Company have sewer and water lines through the alley, it will be necessary to retain a 15-foot easement for these facilities. The City Manager indicated that with additional traffic volume on Walker Street a traffic hazard would be created with cars turning from Walker Street into this alley for ingress into the proposed Pup N' Taco facility. In response to a question from Mayor Harvey, the City Manager advised that ownership of the abandoned properties would be divided equally between the property owners on either side of the alley. In response to an inquiry from Councilman Kanel, the City Manager explained that the proposed alley would not prohibit the use of the reamaining unabandoned portions of the alley which extend to the Pacific Electric Railroad. It was moved by Councilman McCarney and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 840 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE FIRST ALLEY SOUTH OF LINCOLN AVENUE SUBJECT TO THE RESERVATION OF CERTAIN EASEMENTS, 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 CONSIDERATION OF AUTHORIZATION TO INITIATE CONDEMNATION PROCEEDINGS ON CERRITOS AVENUE WEST OF VALLEY VIEW STREET:' The City Manager presented a report dated January 22, 1968, outlining the necessity to initiate condemnation proceedings to acquire a triangular-shaped parcel on the south side of Cerritos Avenue in order to have sufficient right of way width to construct the proposed street improvement project during the 1967-68 fiscal year. It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 841 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: Bowen, Kanel, McCarney, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Harvey January 22, 1968 CONSIDERATION OF COMMERCIAL WARRANT LIST, WARRANTS NO. 18262 THROUGH 1834]: It was moved by Councilman Bowen and seconded by Councilman Noe to approve the Conmercial Warrant List for Warrants No. 18262 through 18341 in the amount of $56,323.80. Following discussion concerning litigation fees, 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 PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS--1968 WEED ABATEMENT PROGRAM: The City Manager presented a report dated January 22, 1968, from the Public Works Director outlining the proposed program for conduct of the 1968 Weed Abatement Program in the City of Cypress. The report further indicated that the properties will not only be posted but written notices will be sent to the property owners utilizing the latest addresses as provided by the County Assessor and these written notices will be sent by certified mail. It was moved by Councilman Bowen and seconded by Councilman Noe to approve the plans and specifications for the 1968 Weed Abatement Pro- gram and to authorize the City Clerk to advertise for bids, with bids to be received on March 4, 1968, and the contract to be awarded on March 11, 1968. 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 REQUEST FOR AUTHORIZATION TO CLOSE DENNI STREET NORTH OF BALL ROAD: The City Manager presented a memorandum dated January 22, 1968, from the Public Works Director outlining the necessity of closing Denni Street from Ball Road to the southerly boundary of the Landell Elemen- tary School Site for a period of approximately two weeks beginning January 24, 1968, in order to accomplish the installation of the street improvements on Denni Street which include the complete removal of all the existing pavement. It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried to authorize the closing of Denni Street from Ball Road to the southerly boundary of the Landell Elementary School Site for a period not to exceed thirty days beginning January 24, 1968, subject to the following conditions: The contractor shall erect detour signs at Orange Avenue and at Ball Road indicating that the street is closed. Denni Street will be barricaded solid at Ball Road and at the south end of the school site and a sign will be erected at Orange Avenue indicating that Denni Street is closed to through traffic. Barricades used shall be Class I and shall be located to the satisfaction of the City Engineer. ORAL COMMUNICATIONS: Councilman Kanel indicated that he thought it would be appropriate for the City to direct communications to both the Cypress Junior Woman's Club and the Cypress Junior College for their participation in the program welcoming the government officials from South Vietnam. ADJOURNMENT: There being no further business to come before the Council, it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to adjourn the meeting at 11:18 p.m. ATTEST: MAYOR OF THE CITY O~S~ CITY CLER~ '6F THE CITY OF CYPRESS January 22.19~