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Minutes 68-02-26MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 26, 1968 In the absence of the Mayor and Mayor Pro-tem, it was moved by Councilman McCarney, seconded by Councilman Kanel and unanimously carried to nominate Councilman Noe as Temporary Chairman of the meeting. It was then moved by Councilman Kanel, seconded by Councilman McCarney and unanimously carried that nominations for Temporary Chairman be closed. The regular meeting of the Cypress City Council was then called to order at 4:02 p.m. on Monday, February 26, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Temporary Chairman Frank Noe presiding. PRESENT: Councilmen Kanel, McCarney, and Noe ABSENT: Councilmen Bowen and Harvey Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson and Administrative Assistant Gene Poertner. MINUTES: It was moved by Councilman McCarney, seconded by Councilman Kenel and unanimously carried to approve the Minutes of the Regular City Council meeting of February 13, 1968, as mailed. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried to defer the meeting with the representatives of the Cypress Show Stoppers Youth Band until the arrival of Mayor Harvey and Councilman Bowen. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried to declare a recess at 4:05 p.m. MAYOR HARVEY ARRIVED AT 4:06 P.M. AND TOOK HIS PLACE ON THE PODIUM. The meeting was called back to order at 4:07 p.m., all City Councilmen present with the exception of Councilman Bowen, and with Mayor Harvey presiding. It was generally agreed to proceed to other business until the arrival of Councilman Bowen, at which time the meeting with the officers of the Cypress Show Stoppers will be held. Upon the request of the City Manager, it was moved by Councilman McCarney, seconded by Councilman Noe, and unanimously carried to place consideration of the purchase of an aerial photograph on the agenda for consideration at this time. The City Manager indicated that the Planning Director had been advised that an aerial photograph of Cypress was available at a total cost of $600.00 It was moved by Councilman McCarney and seconded by Councilman Noe to authorize the Staff to purchase and inatall an aerial photograph print at a cost not to exceed $600.00. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Noe, and Harvey None Bowen The City Attorney James Erickson indicated that he has been appointed to the City Attorney Advisory Committee of the League of California Cities and to the Municipal Water Problems for Municipalities Committee of the National Institute of Municipal Law Officers. ........ February 26~ 1968 269 It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman McCarney, seconded by Councilman Noe and unanimously carried to authorize City Attorney James Erickson to accept the appointment to the City Attorney Advisory Committee of the League of California Cities. It was then moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to authorize City Attorney James Erickson to accept the appointment to the Committee on Municipal Water Problems for Municipalities sponsored by the National Institute of Municipal Law Officers. In response to a question from Councilman Kanel, the City Attorney advised that a Councilman may review the operation of a proposed use to be located in the City of Cypress prior to a Public Hearing on the matter; however, the Councilman is required to make a full disclosure of what he observed on his visit during the Public Hearing on the matter. COUNCILMAN BOWEN ARRIVED AT 4:33 O.M. AND TOOK HIS PLACE ON THE PODIUM. In response to a question from Councilman Kanel, the City Attorney advised that there has been no further action taken concerning the Dairymen's Cooperative Fertilizer Plant. At this time, the City Manager introduced Mrs. Beverly Searls, 5451 Cathey Circle, Cypress, who is Acting President and Treasurer of the Cypress Show Stoppers Youth Band after which she reviewed various problems which have been encountered by the members of the Show Stoppers. Mrs. Searls further reviewed the extent of the various liabilities as well as their current needs. General dis cussion ensued among the Council members as to the method to be utilized in granting a donation to the Show Stoppers. Mrs. Searls further indicated that the Show Stoppers have plans for several money-raising events which will cover the costs of any future expenses incurred in the operation of the Cypress Show Stoppers and at the present time, they are only requesting a donation to settle their current liabilities. It was moved by Councilman Kanel and seconded by Councilman McCarney to grant a donation in the amount of $1,000 to the Cypress Show Stoppers Youth Band to assist in the purchase of uniforms and other equipment, with said funds to be taken from the Promotional Account. Mayor Harvey and Councilman Bowen indicated that they would not be in favor of granting such a large sum, and Councilman Bowen indicated that he would prefer the grant to be in the form of a loan which would be reimbursed to the City at the end of a one-year period of time. The City Attorney suggested that it did not appear advisable for the City to loan funds to an organization. Following discussion, Councilman Kanel agreed to amend his motion and Councilman McCarney agreed to amend his second to reflect a donation of $850.00 rather than $1,000 to the Cypress Show Stoppers. 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 February 26, 1968 Mayor Harvey and Councilman Bowen indicated that they are not opposed to granting a donation of funds to the Cypress Show Stoppers; however, they felt the amount proposed is too large a sum. Upon the request of the City Manager, it was moved by Councilman Noe, and seconded by Councilman Bowen, to go into an Executive Session at 5:30 p.m. for the purpose of discussing a personnel matter. The meeting was called back to order at 5:50 p.m., all City Councilmen being present. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to place consideration of the reclassification of certain engineering personnel on the agenda for consideration at this time. Following a report from the City Manager regarding the advantages of reclassifying two of the engineering personnel, it was moved by Councilman Kanel and seconded by Councilman Noe that Senior Engineering Aide Taylor Moore, be reclassified as Principal Engineering Aide, and Principal Engineering Aide Pete Duca, be reclassified as Assistant Civil Engineer, with these reclassifications to become effective on March 4, 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 None None RECESS: It was moved by Councilman Noe, seconded by Councilman McCarney to recess at 6:00 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 following in attendance: PRESENT: ABSENT: Councilmen Bowen, McCarney, Noe, and Harvey Councilman Kanel Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Administrative Assistant Gene Poertner, Public Works Director Art Schatzeder, Police Chief George Savord, Building Superinten- dent Tom Nudson, Planning Director George Putnam, and Finance Director Jim Grissom. ORAL COMMUNICATIONS: There were no oral communi cations presented at this time. COMMUNICATION FROM CHAIRMAN OF CALIFORNIA FIRE SHOW RE: PROCLAMATION OF ORANGE COUNTY FIREMEN'S DAY: The City Manager reviewed a cormnunication dated February 3, 1968, from Mr. James W. Richey, Publicity Chairman of the California Fire Show, which is sponsored by the Orange County Firemen's Association, requesting the Mayor and Council to proclaim Saturday, May 25, 1968, as Orange County Firemen's Day in the City of Cypress. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to authorize the Mayor to proclaim Saturday May 25, 1968, as Orange County Firemen's Day, following which Mayor Harvey did so proclaim. February 26, 1968 COMMUNICATION COMMENDING CYPRESS POLICE DEPARTMENT: The City Manager read in full a communication dated February 6, 1968, from Mr. and Mrs. R. W. Marzolf, commending the Police Department for the efficient and courteous manner in which it performs its services. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried this connnunication be received and filed. COMMUNICATION FROM COSTA MESA SANITARY DISTRICT RE: HOURS OF OPERATION OF COUNTY DISPOSAL FACILITY: The City Manager presented a communication dated February 15, 1968, from Mr. Erfanett E. O'Donnel, Manager of the Costa Mesa Sanitary District which transmitted a resolution of the Board of Directors of the Costa Mesa Sanitary District urging the Board of Supervisors to maintain the County Disposal Facilities on a 365-day per year basis. Following discussion it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried, this communication be received and filed. COMMUNICATION FROM ASSEMBLYMAN WAKEFIELD RE: BUSSING OF SCHOOL CHILDREN: The City Manager presented a cormnunication dated February 16, 1968, from Assemblyman Floyd Wakefield on the 52nd District requesting the City Council's support of Assembly Bill 231 which states that no child may be bussed from his neighborhood attendance area without permission of his parents or guardian. Mayor Harvey indicated that he feels the Council should take a stand concerning an issue such as this which will affect many of the propie they represent. Councilman Bowen stated that he felt this matter was more in the field of education rather than one in which the Council should become involved. Following further discussion, it was moved by Councilman Noe, and seconded by Councilman McCarney, this communication be received and filed. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: Bowen, McCarney, and Noe NOES: 1 COUNCILMEN: Harvey ABSENT: 1 COUNCILMEN: Kanel COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF ON-SALE BEER LICENSE (THE RED ROOSTER): The City Manager reviewed a communication dated February 16, 1968, which had been received from the Department of Alcoholic Beverage Control notifying the City of the transfer of a license from Kenneth M. and Rita M. Brandyberry to Merle H. and Margaret M. Rasmus for an on-sale beer license at the Red Rooster Beer Bar, 6072 Lincoln Avenue, Cypress. The Police Department has completed its investigation of the applicant and has found no basis for protesting the application. It was moved by Councilman McCarney, seconded by Councilman Bowen and unanimously carried, this communication be received and filed. COMMUNICATION FROM PUBLIC UTILITIES COMMISSION RE: PUBLIC HEARING ON APPLICATION BY GENERAL TELEPHONE COMEANY PROPOSED RATE INCREASE: The City Manager reviewed a notice which had been received from the Public Utilities Cormmission indicating the times and places which have been established for hearings on the rate increase recently requested by General Telephone Con~any. It was moved by Councilman McCarney, seconded by Councilman Bowen and unanimously carried, this communication be received and filed. February 26, 1968 COMMIrNICATION FROM MESA LAND COMEANY RE: PERMISSION TO OBTAIN WATER SERVICE FROM CITY OF BUENA PARK: The City Manager presented a communication dated February 16, 1968, from Thomas E. Shelton, Agent for the Mesa Land Company, requesting the City Council to authorize Mesa Land Company, which is the developer of an apartment project on the south side of Orange Avenue approximately 110 feet west of Holder Street, to obtain water service from the City of Buena Park. The City Manager indicated that the major problem in granting this request would be in the area of inadequate fire protection for the apartment units since it appears from the request that the only service to be requested from the City of Buena Park is the domestic service which would not include installation of a water main on Orange Avenue with appropriate fire hydrants. In response to a question from Mayor Harvey, the City Manager indicated that the cost to Mesa Land Company to connect to the City of Buena Park's line would be $1,000 as opposed to $7,500 to extend Bouthern California Water Company's main line in Orange Avenue. He further indicated that although there are additional costs involved in extending the Southern California Water Company's main line in Orange Avenue, the developer would be reimbursed for portions of these costs as adjacent areas utilize the system. General discussion ensued as to how the percentage of the total cost of the proposed apartment development by Mesa Land Company would compare to the cost of extending the water line and it was generally the Council's opinion that the extent of the apartment development would not warrant an expenditure as large as that required to extend the water main. In response to a question from Mayor Harvey, Mr. Lloyd Nunnenkamp reviewed the cost of installing fire hydrants and said this cost is included in the $7,500 cost. Mr. Richard Glover, 19171 Via Del Caballo, Yorba Linda, California,' addressed the Council as representative of Mesa Land Company indicating that his Company has devised a method of fire protection for the apart- ment units whereby a pump would be installed in the swimming pool so that in case of emergency fire situation, the water from the pool could be utilized for fire protection. General discussion ensued concerning additional fire protection needs for the apartment unit and the possibility of the apartment obtaining sufficient quantities of water from the private mutual water system owned and operated by several property owners on Orange Avenue west of Holder Street. Mr. Wayne Worley, 6412 Orange Avenue, Cypress, addressed the Council as one of the owners of the private mutual system stating that there are two water mains which could be utilized in the event of a fire. He further indicated that the owners of the private system had decided against allowing Mesa Land Company to utilize their water service inasmuch as an apartment unit would require more water pressure than is available through the private system. The City Manager suggested that the Council may wish to include in their consideration of this request, the effect this situation would have on the development of the remaining parcels of undeveloped land on Orange Avenue. Mayor Harvey suggested that Mesa Land Company be required to post a bond guaranteeing extension of this water main at some future date, following which discussion ensued as to the time limit which would be imposed on the bond. February 26, 1968 It was moved by Councilman Bowen, seconded by Councilman McCarney and unanimously carried to authorize Mesa Land Company to obtain water service from the City of Buena Park, with the condition that at such time as a water main is available on Orange Avenue, this water service connection to the Buena Park system will be discontinued. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to continue consideration of the proposed revisions to the Sign Ordinance until the arrival of Councilman Kanel. FIRST READING ORDINANCE RE: UNDERGROUND UTILITIES: The City Manager presented a report dated February 23, 1968, presenting a copy of an Ordinance which had been suggested for adoption by the technical committee following their review of the model ordinance suggested by the League of California Cities. The ordinance submitted by the technical committee is basically the same as the model ordinance with minor revisions made at the suggestion of the public utility companies for clarification of certain sections of the ordinance. The report further indicated that following the effective date of the ordinance, it will be necessary for the City Council to establish underground utility districts in order to be eligible for the expenditure of public utility funds for the conversion of utilities. These underground districts must be established prior to the end of 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 ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to approve the first reading of this ordinance. motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, McCarney, Noe, and Harvey None Kanel It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to continue consideration of Tentative Tract Map No. 4137 until the arrival of Councilman Kanel. CONSIDERATION OF APPROVAL OF FINAL TRACT MAP NO. 5782 (J. W. KLUG DEVELOPMENT CO.): The City Manager presented a report dated February 26, 1968, from the Public Works Director presenting Final Map for Tract No. 5782, which is located at the northwest corner of Valley View Street and Cerritos Avenue, consisting of 61 R-1 Lots, 12.23 acres, requested by J. W. Klug Development Company, 4540 Campus Drive, Newport Beach, California. The report indicated that the final map has been checked by the Engineering Division and is technically correct and in substantial agreement with the approved tentative tract map. The Public Works Director indicated that Southern California Edison Con~pany has an easement which is within the boundaries of this Tract; therefore, it will be necessary for the developer to provide another easement along the rear property lines and to advance funds to the Edison Company to cover the cost of relocating the power poles pre- sently existing on the property. COUNCILMAN KANEL ARRIVED AT 8:26 P.M. AND TOOK HIS PLACE ON THE PODIUM. February 26, 1968 274 Mr. Jeff Millet, 511 South Brookhurst Street, Fullerton, addressed the Council as representative of the developer advising that J. W. Klug Company proposed to vacate the existing easement. It was moved by Councilman Bowen, seconded by Councilman McCarney and unanimously carried to approve Final Tract Map No. 5782, accept the bonds and agreements for public improvements in the amount of $109,200.00 which is not less then 50% and not more than 100% of the total improvements; authorize the Mayor and City Clerk to sign the agreements and authorize the City Clerk to sign the record map upon completion of the following conditions: 1. Approval of bonds and agreements by the City Attorney. 2. Con~pletion of corrections required on improvement plans. Submit and obtain approval for parkway improvements on Valley View Street. Submit and obtain approval for layout of improvements on Lot 15 of Tract No. 5782 and Lot 4 of Tract No. 5621. Vacation of Southern California Edison Corf~any's easement across southeast portion of the Tract. 6. Agreement by the developer to the above conditions. CONSIDERATION OF PROPOSED REVISIONS TO SIGN ORDINANCE: The City Manager presented a report dated February 23, 1968, transmitting a copy of the proposed Sign Ordinance as amended to include the suggestions of the California Roadside Council and the amendments regarding the regulation of political~. signs as discussed at the City Council meeting of February 13, 1968. Discussion was introduced by Mayor Harvey relative to the application of the provisions of the proposed Sign Ordinance as they relate to business establishments on State Highways on which businessmen are competing in their advertising with adjacent establishments which are located in other cities'whose sign ordinances may not be as restrictive. He further expressed concern over the amortization period requirements for non-conforming signs, specifically as they would apply to newly annexed areas. The City Manager indicated that the proposed amortization period requirements are identical to those existing in the current Ordinance, which has been in effect since 1963. Mr. James A. Arnerick, General Counsel and Vice President of Forest Lawn Con~pany, Glendale, California, addressed the Council relative to the effect the proposed Sign Ordinance would have on the sign structures presently utilized by Forest Lawn for their development on Lincoln Avenue and requested that the Council give further consideration to liberalizing the provisions of the Sign Ordinance as it wou~ pertain to structures located on Lincoln Avenue. He further indicated that although Rorest Lawn Company had constructed their signs in accordance with the provisions of the Sign Ordinance in 1958, they would be required to remove these structures according to the amortization requirements of the proposed Ordinance. It was moved by Councilman Noe and seconded by Councilman Kanel to continue consideration of the proposed Sign Ordinance for further study as to the requirements on State Highways and the amortization periods, with this report to be referred to the City Council upon completion. 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 February 26, 1968 RECESS: It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried to declare a five minute recess at 9:00 p.m. The meeting was called back to order at 9:05 p.m., all City Councilmen being present. CONSIDERATION OF TENTATIVE TRACT MAP NO. 4137 (J. W. KLUG DEVELOPMENT CO.): The Planning Director reviewed a report dated February 21, 1968, reviewing the action taken by the Cypress Planning Cormmission in its denial of Tentative Tract Map No. 4137, located on the south side of Ball Road approximately 645 feet west of Valley View Street, requested by J. W. Klug Development Company, Inc., 4540 Campus Drive, Newport Beach, CAlifornia. The Planning Director also presented the original report which was considered by the Planning Commission outlining various conditions to be imposed if the Tentative Tract Map were to be approved. He also advised that Condition No. 3 should state 3½% rather than 4% and Condition No. 24 on the report should be deleted. Mayor Harvey expressed concern as to whether there is adequate access to the Tract for emergency vehicles and indicated that he would prefer to have another street available at the sautherly end of the Tract. In response to questions from Mayor Harvey and Councilman Kanel, the Public Works Director reviewed the plans for striping in the area of Myra Avenue and Ball Road. It was moved by Councilman McCarney and seconded by Councilman Noe to approve Tentative Tract Map No. 4137, subject to the following conditions: "F" Street and "E" Avenue shall be fifty-one (51) foot streets with forty (40) feet of paving curb to curb. Drainage fees shall be paid in accordance with the Master Plan of Drainage. Optional design fees in the amount of 3~ percent of the value of the property shall be used for the development of the Cor~nunity Park, located northwesterly of the proposed subdivision. A portion of the optional design monies shall be made available for the construction of a road leading southerly of the Tract to connect to Marian Avenue. Lot 34 shall be deleted and a north-south street shall be constructed to connect with Marjan Avenue. The developer shall contact the Cypress Elementary School District and request an easement for street purposes across the most northeast corner of the school site. Avenue "E" shall be stubbed to the east for any future development of the street. A one-foot (1') strip shall be offered for dedication to the City at the end of "E" Street. Drainage shall be solved to the satisfaction of the City Engineer. If the necessary right of way cannot be obtained from the Cypress Elementary School District for the north-south street, a cul-de-sac may be constructed at the end of "E" Avenue and a walkway shall be provided for access to the elementary school site. A concrete block wall shall be constructed along the Orange County Flood Control District right of way, Ball Road, the easterly property line of the subject property, and the southerly property line of the subject property. February 26, 1968 10. Width of pavement sections of the streets and design of the streets shall be approved by the City Engineer. 11. Interior street structural sections to be based on recom~aendation and soils report by soils engineering firm acceptable to the City Engineer, with T.I. of 3.5 for streets with 36' of paving and T.I. of 5 for streets with 40' of paving. 12. Fees shall be paid for the installation of fifteen gallon street trees within the subdivision; the type to be approved by the City Staff. 13. 14. The sewer system is connected to the existing City of Cypress sewerage system; the developer shall present, prior to the recordation of the final map, a request to the Cypress County Water District for de-annexation of that portion of the Tract lying within the Cypress County Water District. Ball Road shall be dedicated and improved fifty (50) feet south of centerline in accordance with the Master Plan of Streets and Highways. 15. 16. 17. Pedestrian and vehicular access rights shall be dedicated to the City of Cypress, on the final map, along Ball Road. The concrete block wall to be constructed along Ball Road shall be similar to that wall constructed on the west side of Walker Street adjacent to the Pacesetter Homes subdivision. Five-foot (5') sidewalks are permitted adjacent to curbs on all interior streets. 18. All streets shall be dedicated and improved within the boundary of the Tract. 19. A three foot (3') parkway easement shall be provided behind and adjacent to all sidewalks on interior streets when the sidewalks are adjacent to the curb. This parkway easement shall not be more than eight and one half feet (8~) in depth behind the face of the curb. 20. Drainage easements required to drain the adjacent property shall be provided as required by the City Engineer. 21. Advance street light energy charges shall be paid. 22. The developer shall provide a street lighting system approved by the City Engineer. 23. The driveway of the dwelling unit on Lot 9 shall be located on the west side of the lot. 24. All lots shall drain to the front street at a minimum of 1% grade. 25. The blue boundary of the Tract shall be extended to the centerline of Ball Road. 26. All tree wells shall be bricked in. Mayor Harvey and Councilman Kanel indicated that although they had been opposed to the original zone change of this area under consideration, the proposal for the development of Tract No. 4137 appeared to be in the best interests of the City. February 26, 1968 General discussion ensued in connection with Condition No. 4 requiring the construction of a north-south street to connect with Marjan Avenue in Tract No. 5044 and the possibility of the Cypress School District granting an easement to the City of Cypress to effect this street opening. The following roll call vote was then taken on Councilman McCarney's motion to approve Tentative Tract Map No. 4137: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Noe, and Harvey Bowen None It was then moved by Mayor Harvey, seconded by Councilman Kanel and unanimously carried to direct the City Manager to communicate with the Cypress School District requesting their cooperation through granting an easement over the Cypress School District's property located southerly of Tract 4137 and westerly of Tract No. 5044 for the purpose of constructing a north-south street to connect with Marian Avenue in Tract No. 5044. CONSIDERATION OF ACCEPTANCE OF TRACT NO. 6194 (ANDOVER LAND COMPANY): The City Manager presented a report dated February 26, 1968, from the Public Works Director advising that the public improvements in Tract No. 6194, which is located 1300 feet north of Ball Road between Walker and Graham Street, consisting of 62 R-1 Lots, 11.332 acres, have been satisfactorily completed in accordance with the plans and specifications. It was moved by Councilman McCarney and seconded by Councilman Bowen to accept the public improvements in Tract No.6194 as being satisfactorily completed in accordance with the plans and specifications and to authorize the City Clerk to release the Faithful Performance, Labor and Materials and Monumentation Bonds on expiration of the required lien period, providing no mechanic's liens have been filed. In response to a question from Councilman Bowen, the Public Works Director advised that those streets in Tract No. 6194 which were considered to be unsatisfactory due to the existence of soft spots have been recapped. The following roll call vote was taken on Councilman McCarney's motion: AYES: 4 COUNCILMEN: Kanel, McCarney, Noe, and Harvey NOES: 1 COUNCILMEN: Bowen ABSENT: 0 COUNCILMEN: None CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS--CERRITOS AVENBE WEST OF VALLEY VIEW STREET: The City Manager presented a report dated February 26, 1968, from the Public Works Director advising that the Engineering Division has completed plans and specifications for the improvement of Cerritos Avenue from Valley View Street to 1466 feet west of Valley View Street which will consist of the reconstruction of the existing roadway to provide four through lanes on Cerritos Avenue and to eliminate the hazardous sharp curve on Cerritos. The estimated total cost of this construction project is $25,914 of which $8,963 will be reimbursed to the City by the County of Orange under the Arterial Highway Financing Program and $7,987 will be advanced by the developer of Tract No. 5782. The Public Works Director indicated that a date for the receipt of bids on this project will be established after the plans and specifications have received the approval of Orange County. It was moved by Councilman Bowen, seconded by Councilman McCarney and unanimously carried to approve the plans and specifications for the improvement of Cerritos Avenue from Valley View Street to 1466 feet west of Valley View Street; to authorize the Mayor and City Clerk to certify to Orange County as to the acquisition of right of way on February 26, 1968 Cerritos Avenue; and to authorize the City Clerk to advertise for bids for this improvement with the time and date for receiving bids to be established after receipt of the approval of the plans and specifications by Orange County. CONSIDERATION OF EXTENSION OF TIRE ON SUBDIVISION IMPROVERENT AGREERENT FOR TRACT NO. 6289 (ANDOVER LAND COREANY): The City Manager presented a report dated February 26, 1968, from the Public Works Director indicating that the developer of Tract No. 6289, which is located west of Walker Street and north of Ball Road, consisting of 90 R-1 Lots, 18.714 acres, has requested a one-year extension of time upon the completion of the subject Tract. The developer is using a portion of the Tract as a model home site and will complete the improvements at such time as the model home area is no longer required. General discussion was held as to the possibility of granting the extension of time for a one-year period or until the last model home unit is sold whichever occurs first. It was moved by Councilman McCarney, and seconded by Councilman Bowen to approve a one-year extension of time on the Subdivision Improvement Agreement for the construction of the public improvements in Tract No. 6289 and that an amendment be added to the Subdivision Improvement Agreement extending the time. In response to questions from various Councilmen, the City Attorney advised that if an extension for a shorter time period was desired by the Council, it would present less of a problem for the Council to extend the terms of the agreement for a shorter time period. It was moved by Councilman Bowen and seconded by Councilman McCarney to amend their original motion to provide for a six-month extension of time on the Subdivision Improvement AGreement for Tract No. 6289 rather than a one-year extension of time. The motion was then unanimously carried. CONSIDERATION OF APPROVAL OF APPLICATION FOR PRIVATE PATROL PERMIT--ALLAN S. BANDY: The City Manager presented a report dated February 23, 1968, indicating that the City has received an application for a Private Patrol Permit to patrol Larwin Company's construction areas within the City of Cypress from Allan S. Bandy, 8602 Madison Avenue, Whittier, California. The report further indicated that the Police Department has completed an investigation of the applicant and has found no basis for protesting the application. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to authorize the issuance of a permit to conduct Private Patrol Services within Larwin Company's construction areas in the City of Cypress to Allan S. Bandy, 8602 Madison Avenue, Whittier, California. CONSIDERATION OF AGREERENT FOR CONSTRUCTION OF 2-A MASTER PLAN STORM DRAIN BETWEEN WALKER AND GRINDLAY STREETS: The City Manager presented a report dated February 26, 1968, indicating that an agreement between the City and Larwin Company has been prepared for the construction of the portion of the Cypress Master Plan 2-A Storm Drain facility between Walker and Grindlay Streets in accordance with Condition No. 3 on the approval of the Final Map for Tract No. 6222. In response to a question from Councilman McCarney, the City Manager indicated the portion of the Master Plan facility referred to in the Agreement would extend through the property owned by Laura Cota. It was moved by Councilman Kanel and seconded by Councilman Noe to approve the agreement between Larwin Company for the construction of the portion of the Cypress Master Plan 2-A Storm Drain facility between Walker and Grindlay Streets and authorize the Mayor to sign and the City Clerk to attest the agreement. The motion was carried by the following roll call vote: February 26, 1965 AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, Noe, and Harvey McCarney None CONSIDERATION OF ACCEPTANCE OF DEDICATION OF RIGHT OF WAY AND STREET IMPROVEMENTS LARWIN AVENUE FROM ELIZABETH COURT TO BLOOMFIELD STREET: The City Manager presented a report dated February 26, 1968, indi- cating that inasmuch as Larwin Avenue from Elizabeth Court to Bloom- field Street has been opened for public use and is being used as a public street, Larwin Company has requested the City to accept the dedication of the right of way and the street improvements. Before cormplying with Larwin Company's request the Engineering Division and City Attorney have requested that Larwin Company submit various docu- ments holding the City harmless from any defective improvements to the curb, gutter, and sidewalk, and agreeing to repair all defective areas of paving which currently exist, all of which have been received by the City. It was moved by Councilman Bowen and seconded by Councilman Kanel to authorize the City Clerk to accept the dedication of Larwin Avenue, accept the improvements on Larwin Avenue as being constructed in accordance with City standards; accept the bond guaranteeing replace- ment of defective concrete, curb, gutter, and sidewalk; and accept the Hold Harmless Agreement for any costs or liens arising from the improvement ofthe street within the dedicated right of way. 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 CONDEMN RIGHT OF WAY--KATELLA AVENUE FROM KNOTT TO 2640 FEET WEST OF VALLEY VIEW STREET: The City Manager presented a report dated February 26, 1968, outlining the necessity to initiate condenmation proceedings in order to acquire right of way at the intersections of Valley View Street and Katella Avenue, and Knott Street and Katella Avenue, in order to complete the widening and reconstruction of Katella Avenue from Knott Street to 2640 feet west of Valley View Street which will include modification of traffic signals at the intersections of Knott Street and Katella Avenue and Valley View and Katella Avenue. The report further indicated that due to a recent court decision the value of right of way which will ultimately be required for street improvement may be appraised at a nominal +alue rather than the full estimated cost of the land when ultimately developed which could substantially decrease the right of way cost. In response to a question from Councilman Kanel, the City Attorney advised that this court decision would be applicable only in existing or future condemnation actions. It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the following Resolution, title as follows: RESOLUTION NO. 850 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 February 26, 1968 280 CONSIDERATION OF EXTENSION OF SUBLEASE ON TEXACO PARK SITE--CYPRESS PARK AND RECREATION DISTRICT: The City Manager presented a report dated February 23, 1968, indicating that the Orange County Board of Supervisors has approved the extension of the sublease between the City andCypress Park and Recreation District for maintenance and operation of the Texaco Park Site on Ball Road between Moody and Grindlay Streets and has requested the City Council to execute this sublease approving the sublease extension. The lease basically provides for the Cypress Park and Recreation District to maintain the area and to pay the annual property taxes for the park site. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the extension of the Sublease between the City of Cypress and the Park and Recreation District for maintenance and operation of a parcel of property known as Texaco Park Site and authorize the Mayor to sign and the City Clerk to attest the extension of the Sublease. 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 APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 18450 THROUGH 18511: It was moved by Councilman McCarney and seconded by Councilman Not to approve the Commercial Warrant List for Warrants No. 18450 through 18511 in the amount of $42,939.69. 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-162 (ANNEXATION NO. 67-3): It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. 368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING THE ZONING OF THE AREA INCLUDED IN CITY OF CYPRESS ANNEXATION NO. 67-3 AS H-C (HIGHWAY COMMERCIAL) AND R-4 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL) ZONE CHANGE NO. Z-162. 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 RE: AMENDMENT TO MASTER PLAN OF DRAINAGE-- DRAINAGE ASSESSMENT FEES: It was moved by Councilman Bowen seconded by Councilman Kanel and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. 369 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 25-23 AND 25-24 OF CHAPTER 25 OF THE CODE OF THE CITY OF CYPRESS REGARDING DRAINAGE ASSESS- MENT FEES. February 26, 1968 281 It was moved by Councilman Kanel and seconded by Councilman Bowen 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 COUNCILM~N: Bowen, Kanel, McCarney, Noe, and Harvey None None ORAL COMMUNIGATIONS: Mrs. Clayton Gouyd, 9241 South Walker Street, Cypress, requested information as to the extent of the pending condemnation proceedings on her property. She further inquired as to the possibility of having a fence installed to separate her property from the adjacent Tract. The City Manager reviewed the procedures to be followed in condemning Mrs. Gouyd's property and the Planning Director advised that fences are only installed to separate two conflicting uses. Mr. A. W. Handley, 5312 Bishop Street, Cypress, addressed the Council inquiring as to whether his property would be included in condemnation proceedings authorized earlier in the evening. Mayor Harvey advised Mr. Handley that the authorization was to initiate condemnation pro- ceedings on property located on Katella Avenue only. Upon a request from the City Council, the Public Works Director re- viewed the results of meetings conducted with Larwin Company to attempt to solve the drainage problem in the County area lying northerly of Tract No. 6222. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to adjourn the meeting at 10:30 p.m. ATTEST: CITY CLEaRS'OF T~E CITY ~F CYPRESS MAYOR OF THE CITY OF CYPRE,S~ February 26, 1968