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Minutes 68-06-24MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL t{ELD June 24, 1968 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, June 24, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard L. Bowen presiding. PRESENT: Councilmen Harvey, Kanel, Kanode, Noe, and Bowen ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson and Administrative Assistant Gene Poertner. MINUTES: It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried, to approve the Minutes of the regular meeting of June 10, 1968, as mailed. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, to approve the MInutes of the adjourned regular meetirg of June 14, 1968, as mailed. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried, to approve the MInu~m of the adjourned regular meeting of June 15, 1968, as mailed. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried, to place considera- tion of the Annual Requalification of Participating Cities in the County of Orange Arterial Highway Financing Program on the agenda at this time. RESOLUTION RE: ANNUAL REQUALIFICATION OF PARTICIPATING CITIES IN THE COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM: The City Manager presented a report dated June 21, 1968, from the Public Works Director outlining the need to adopt a Resolution prior to July 1, 1968, informing the Advisory Committee of the Arterial Highway Financing Program as to whether or not any changes to the Arterial Highway Master'Plan have been made within the City and to request the changes, if any, to be adopted into the County Arterial Highway Master Plan. The report indicated that the Engineering Division does not recommend any changes to the Master Plan of Arterial Highways for this year. It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION N0. 882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS INFORMING THE COUNTY ARTERIAL FINANCING ADVISORY COMMITTEE THAT NO CHANGES ARE REQUESTED FOR INCLUSION IN THE COUNTY ARTERIAL HIGHWAY MASTER PLAN The metion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None Upon the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, to place consideration of Authorization to Initiate Eminent Domain Proceedings Adjacent to Tract No. 6219 on Denni Street as Item No. 15 on the evening portion of the City Council Agenda. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried, to place considera- tion of a communication from the Cypress Chamber of Commerce regarding the MIss California World Pageant on the agenda for consideration at this time. June 24, 1968 COMMUNICATION FROM CYPP~ESS CHAMBER OF COERCE I{E: ENTERING MISS CYPRESS, 1968 INTO MISS CALIFORNIA-WORLD PAGEANT: The City Manager reviewed a conm~unication, dated June 24, 1968, from Mr. C. W. Shepherd, Manager of the Cypress Chamber of Commarce, requesting the City Council to consider entering Miss Jakki Harper in the Miss California-World Pageant to be held July 13, 1968. The entrance fee for this Pageant is $300.00 and the Chamber is requesting the Council's participation in the amount of $150.00. The Cypress Junior Chamber of Commerce has allocated $150.00 for the purpose of entering Miss Cypress in the Miss California-World Pageant. General discussion ensued during which it was generally agreed that the entrance fee for the Miss California-World Pageant should be shared equally by the City of Cypress, Cypress Chamber of Commerce, and Cypress Jr. Chamber of Commerce. It was moved by Councilman Harvey and seconded by Councilman Noe to allocate $100 as the City's share as co-sponsor in entering Miss Cypress of 1968 in the Miss California-World Pageant. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None The City Manager stated that the Orange County Division of the League of California Cities has called a special meeting at 6:45 p.m. on June 24, 1968, which is the same day as the Council meeting. The purpose of the meeting will be to discuss the proposed amendment to Assemblyman Briggs' Bill concerning dissolution of the Orange County Harbor District and the City has been requested to send a representative or in the event this is impossible to forward a statement as to the City's position in this matter. Following general questions from the Council members, the City Manager explained the purpose of the proposed amendment which is basically to determine whether the matter of the dissolution of the Orange County Harbor District should be placed on the November ballot. Following further discussion, it was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried, to go on record as favoring an amendment to the Briggs' Bill to provide for the dissolution of the Orange County Harbor District and transfer of its assets and functions to the County Park and Recreation Department; or the utilization of the powers of the Local Agency Formation Commission to effect such a dissolution and transfer and to express a preference for the latter method. Mayor Bowen reviewed a communication, dated June 17, 1968, from the Mayor of Laguna Beach extending an invitation to the Council members to attend the July llth meeting of the Orange County Division of the League of California Cities which will be hosted by the City of Laguna Beach and which will include attendance at the Festival of Arts and Pageant of Masters. In answer to a question from Mayor Bowen, the City Manager advised that he had written the Cypress Homeowners Association stating that a meeting has been scheduled with the Cypress Disposal Company in an attempt to resolve the problems which have been encountered by the Homeowners Association with the rubbish disposal service. E~CUTIVE SESSION: Upon the request of the City Attorney, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried, to go into an Executive Session for the purpose of dis cussing personnel matters at 4:58 p.m. The meeting was called back to order at 5:30 p.m., all City Councilmen being present. RECESS: It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried, to recess at 5:32 p.m. until 7:30 p.m. that evening. June 24, 1968 CALL TO ORDER: The m~eting was called back to order at 7:30 p.m., with the following in attendance: PRESENT: Councilmen Harvey, Kunel, Kunode, Noe, and Bowen ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jam~s Erickson, Administrative Assistant Gene Poertner, Public Works Director Arthur Schatzeder, Finance Director Jim Grissom, Police Chief George Savord, Planning Director George Putnam, Building Superintendent Tom Nudson, and Administrative Interns Gary Kariker and Connie Cheney. ORAL COMMUNICATIONS: There were no oral communications presented at this time. ACKNOWLEDGEMENT OF CYPRESS POLICE DEPARTMENT HONOR GUARD PARADE TROPHY: Police Chief George Savord introduced Sergeant Rudolf Delgado, a member of the Police Department Color Guard, who displayed the first place trophy in Division "D" which was won by the Cypress Police Department Honor Guard in the Annual Strawberry Festival Parade in Garden Grove. Councilman Harvey expressed his commendations to the honor guard for the manner in which they handled themselves in a parade in which he partici- pated. Mayor Bowen expressed the City's pride in the achievements of the honor guard during the short time it has been organized. AWARD OF CONTRACT FOR GASOLINE AND MAINTEIqANCE SERVICE FOR THE 1968-69 FISCAL YEAR:' The City Manager reviewed a report dated June 21, 1968, from the Finance Director reviewing the bids for gasoline and automotive service which were received from six service stations in the City of Cypress of which the bid received from Bruce's Union Station, 5999 Cerritos Avenue, Cypress, in the amount of $11,947.20 was the lowest. The City Manager also reviewed a report dated June 24, 1968, from the Police Chief indicating that based upon an investigation, he finds no reason to protest the award of the contract for automotive services to Brnce's Union Station. In answer to an inquiry from Councilman Harvey, the City Manager stated that the fact that Bruce's Union Station only remains open until 10:00 p.m. may present a problem; however, the Police Chief does not feel it will hamper the operation of the Police Department at this time. Councilman Kanel expressed concern relative to the possibility of service station owners making a profit in connection with contracting with the City for automotive services at which time the City Manager reviewed the bidding procedures and indicated that it is to the advantage of the City to receive a low bid for this service. In response to a question from Councilman Kanel, the Finance Director indicated that bids for tire sales, service and replacement are requested separately on an annual basis and, therefore, are not included as a part of the gasoline an~ automotive contract. It was moved by Councilman Harvey and seconded by Councilman Noe to determine that the bid for automotive and gasoline service submitted by Bruce's Union Station, 5999 Cerritos Avenue in the amount of $11,947.20 is the lowest and best bid; to award the contract for automotive and gasoline services for the 1968-69 fiscal year to Bruce's Union Station; and to authorize the Mayor to sign and the City Clerk to attest the contract agreement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMIeN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None June 24, 1968 Since Item No. 3 was a Public Hearing scheduled for 8:00 p.m., it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, to proceed to Item No. 4 and continue until 8:00 p.m. COMMUNICATION FROM ~IULIET MORRIS SCHOOL RE: COUNCIL RESOLUTION FOR HISTORICAL PAGEANT: The City Manager reviewed a connnunication dated June 12, 1968, from Elizabeth Dickerson, Principal of Juliet Morris School, expressing the appreciation of the Staff from Juliet Morris School for the presentation of the Resolution by the City Council for the historical pageant. It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mOLLSly carried, this communication be received and filed. COMMUNICATION FROM COUNTY ADMINISTRATIVE OFFICER RE: INCLUSION OF CYPRESS IN PROGRAM OF COMMUNITY ACTION AGENCY: The City Manager presented a communication dated June 12, 1968, from Mr. R. E. Thomas, County AdnLinistrative Officer, notifying the City that the Orange County Board of Supervisors has designated the Orange County Corfanunity Action Council, Inc., as the community action agency for the County and requesting the City Council to notify the Orange County Administrative Office as to whether or not the City wishes to be included in the program of the proposed community action agency. The report further indicated that in the event the City of Cypress at some future date would desire to become involved in the community action program under the Economic Opportunity Act, the City would be required to be included in a program of a larger agency, such as the one being proposed by the Board of Supervisors. In response to a question from Councilman Harvey, the City Manager indicated that the City of Cypress would not become financially involved in this project unless a local project qualifying under the Economic Opportunity Act would be requested locally and submitted through the established community action agency. It was moved by Councilman Noe and seconded by Councilman Kanel to authorize the Eity Manager to notify the Orange County Board of Supervisors that the City of Cypress desires to be included in the program of the proposed community action agency and further recognizes the Orange County Community Action Council, Inc., as the community action agency for this County and for the City of Cypress. The motion was ununimeusly carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None COMMUNICATION FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RE: CITY APPLICATION TO FEDERAL GOVERNMENT FOR ASSISTANCE IN STORM SEWER CONSTRUCTION: The City Manager reviewed a communi cation dated June 14, 1968, from Wilber E. Smith, Executive Director of the Southern California Association of Governments, transmitting a copy of the statement approved by the Executive Committee of the Southern California Association of Governments at its meeting of June 13, 1968, indicating that the storm drain facilities proposed to be constructed by the City of Cypress under an application for Federal assistance under provisions of the Basic Water and Sewer Grant Program of the Federal Government are not inconsistent with the regional plans, policies and programs being developed by the Association. The report further indicated that a copy of this letter has been forwarded to the regional office of the Department of Housing and Urban Development in San Francisco, as required. It was moved by Coanncilman Harvey, seconded by Councilman Noe and unanimously carried, this communication be received and filed. COMMUNICATION FROM STATE DEPARTMENT OF FINANCE RE: POPULATION ESTIMATE: The City Manager reviewed a communication dated June 14, 1968, from the State Department of Finance advising that, based on the ~ecent State Departmant of Finance Population estimate, the State Controller has received a certification to the effect that the population of the City of Cypress on April 1, 1968 was 24,100, which is an increase of 3,600 persons over the April 1, 1967 estimate. It was moved by Councilman Harvey, seconded by Councilman Noe, and unanimously carried, this communication be received and filed. June 24, 1968 COMMUNICATION FROM WOMEN'S CLUB OF CYPRESS RE: ANNUAL BEAUTIFICATION PROGRAM: The City Manager reviewed a communication dated June 17, 1968, from Mrs. Bruce Davis, Corresponding Secretary for the Women's Club of Cypress, which indicated that the Women's Club proposed to sponsor the Beautification Program which was initiated in 1967 and requests the cooperation of the City in this project. The communication further indicated that the Program is scheduled to be initiated in late October or early November with a planning session to take place in July with representatives from the City, Chamber of Commerce, and Women's Club. It was moved by Councilman Harvey and seconded by Councilman Noe to authorize the City Manager and other appropriate members of the Staff to cooperate with the Women's Club of Cypress in the 1968 Beautification Program. Following favorable comments from the Council relative to the recognition the City has received as a result of the activities of the Beautification Program, Councilman Harvey's motion was unanimously carried. It was moved by Councilman Noe, seconded by Councilman Harvey to move to Item No. i0 at this time and consider Item No. 9 after the Public Hearings. CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS--TRAFFIC SIGNAL AT BALL ROAD AND DENNI STREET: The City Manager presented a report dated June 17, 1968, from the Public Works Director indicating that the Engineering Division has completed the plans and specifications for installation of traffic signals at the intersection of Ball Road and Denni Street and estimates the cost of this installation at $11,700. The report also presented a schedule outlining the dates for the various phases of the project. It was moved by Councilman Kanel and seconded by Councilman Noe to approve the plans and specifications for the installation of traffic signalization at the intersection of Ball Road and Denni Street and to authorize the City Clerk to adviertise for bids to be received on July 17, 1968. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kanode, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Bowen CONSIDERATION OF REQUEST FOR AUTHORIZATION FOR CLERK TYPIST POSITION IN BUILDING DEPARTMENT: The City Manager presented a report dated June 20, 1968, requesting Council confirmation of changing the position classifica- tion in the Building Department from that of building aide, which was previously authorized by the City Council, to clerk typist. Following discussion, it was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried, to authorize a change in the position in the Building Department from building aide to clerk typist. CONSIDERATION OF REQUEST FOR AUTHORIZATION TO AMEND COMPENSATION PLAN FOR KECORDING PLANNING COMMISSION AND CITY COUNCIL MEETINGS: THe City Manager presented a report dated June 20, 1968, reviewing the procedure which has been followed in providing compensation for the recording secretaries for both the Planning Commission and City Council meetings and sug~sting a program for compensation whereby a $10.00 flat rate would apply to meetings which are adjourned on or before 9:00 p.m. and an additional $5.00 per hour for any time period after 9:00 p.m. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Kanode to authorize an adjustment in the compensation plan for recording the minutes of the meetings of the Planning Commission and City Council to provide for a flat rate of $10.00 for recording meetings up to and including 9:00 p.m. and an additional $5.00 per hour for any time period after 9:00 p.m. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None June 24, 1968 405 PUBLIC REARING RE: CYPRESS LIGHTING DISTRICT NO. 2~ INCLUDING ANNEXATION NO. 7: The Mayor announced this was the time for the Public Hearing to consider protests to the installation of, furnishing of electric current for, and maintenance of a street lighting system in an area defined by the City Council and referred to as "Cypress Lighting District No. 2, including Annexation No., 7." The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager presented a report dated June 20, 1968, indicating that the affidavits of posting of the Notice of Public Hearing on this matter are on file in the office of the City Clerk and no communications have been received either in favor of or in opposition to the Lighting District. The Public Works Director read into the record of the Public Hemring a report dated June 20, 1968, transmitting two Resolutions required to accomplish the procedures set forth under the provisions of the Street Lighting Act of 1919 for establishing a lighting district. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed Lighting District. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Noe and seconded by Councilman Harvey, to adopt the following Resolution by title only, ~tle as follows: RESOLUTION NO. 883 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY, DATED MAY 13, 1968, PREPARED PURSUANT TO RESOLUTION NO. 857 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NO. 873 OF SAID COUNCIL, AND THE PLAN, SPECIFICATIONS, ESTIMATE AND ASSESSMENTS CONTAINED IN SAID REPORT: ORDERING THE IN- STALLATION OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT: ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM: AND FORMING THE LIGHTING DISTRICT ANNEXATION REFERRED TO IN RESOLUTION OF INTENTION NO. 873 AND RESOLUTION APPOINTING THE TIME AND PLACE FOR HEARINGS NO. 874, ALL IN ACCORD WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET'LIGHTING ACT OF 1919" The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None It was moved by Councilman Noe and. seconded by Councilman Kanel and unanimously carried, to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 884 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR TRE LIGHTING OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT AND ORDERED TO BE INSTALLED BY RESOLUTION NO. 873 OF SAID COUNCIL, ALL IN ACCORD WITH AND PURSUANT TO THE PRO- VISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919" The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kanode, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Bowen June 24, 1968 CONSIDERATION OF 1968-69 MUNICIPAL BUDGET: The City Manager presented the Municipal Budget for the City of Cypress for the 1968-69 fiscal year to the City Council members and outlined the general Budget objectives in relation to the projected revenues and expenditures. Councilman Harvey indicated that upon computing the percentage of increase in the annual 1968-69 salaries established by the Council for each department head, he would request the Council's consideration of increasing the annual salary for the City Manager by an additional $500 thereby establishing an annual salary of $21,500 for the City Manager position. This proposal was unanimously accepted by the City Council. It was moved by Councilman Noe and seconded by Councilman Kanode to adopt the following Resolution approving the Annual Budget by title only and to increase the annual salary for the City Manager for the 1968-69 fiscal year by $500.00. The title of the Resolution is as follows: RESOLUTION NO. 885 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1968 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UDNER SUCH FUNDS The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None The City Manager expressed his appreciation for this salary increase. Councilman Kanode stated that as the newest member of the City Council he considered the budget sessions very enlightening in learning the functions and responsibilities of each of the departments. CONSIDERATION OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 19144 THROUGH 19241: It was moved by Councilman Noe and seconded by Councilman Kanode to approve the Commercial Warrant List for Warrants No. 19144 through 19241 in the amount of $99,355.75. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF REQUEST FOR AUTHORIZATION OF BIrDGET TRANSFERS: The City Manager reviewed a report dated June 24, 1968, from the Finance Director outlining several transfers and appropriations in the 1967-68 Budget which will be necessary to complete the 1967-68 fiscal yea~s financial transactions. It was moved by Councilman Harvey and seconded by Councilman Noe to authorize a transfer of $1,300 from Account 480-17 to Account 420.18. The motion was unanimously carried by the following roll call vote: AYE S: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None It was moved by Councilman Kanode and seconded by Councilman Noe to authorize a transfer of $125.00 from Account No. 480-17 to Account 520-01. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None June 24, 1968 It was moved by Co~mcilman Noe and seconded by Co~mcilman Kanode to authorize a transfer of $45.00 from Reserve for Capital Improvements to the Denni Street Project fund. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSt~qT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None It was moved by Councilman Harvey and seconded by Councilman Kanel to authorize a transfer of $1,145 from Reserve for Capital Improvements to the Moody-Orange Street Project. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None It was moved by Councilman Noe and seconded by Councilman Harvey to authorize a transfer of $60,000 from the General Fund to Drainage District 2-A fund. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF REQUEST FOR AUTHORIZATION TO INITIATE EMINENT DOMAIN PROCEEDINGS ON DENNI STREET - TRACT 6219: The City Manager presented a report dated June 21, 1968, from the Public Works Director reviewing the necessity to initiate eminent domain proceedings on Assessor's Parcel 78-020-33 on Denni Street adjacent to Tract No. 6219 in order to acquire necessary right of way which is required in order to eliminate the traffic hazard created by a lack of sufficient right of way on the frontage of the property. The City and the developer of Tract No. 6219 have been negotiating with the property owner in an attempt to prepare a street impro~ment plan which is satisfactory to both the City and the property owner; however, these negotiations to date have not been successful. The requirement for the ultimate widening of Denni Street was a condition of approval of the tentative map for Tract No. 6219 and the unsuccessful negotiations with the property owner have prevented the developer of Tract 6219 from accon~plishing this requirement. The Public Works Director requested that the Council also authorize the City to file an Order of Immediate Possession to allow for the improvements along the frontage of Parcel 78-020-33 on Denni Street to be installed in conjunction with the installation of street improvements for Tract No. 6219. The City Manager advised that before the action is filed, the City will make further attempts to negotiate this matter with the property owner. He further indicated that the negotiations may include the possibility of initiating a 1911 Assessment Act which could require installation of improvements by the property owner. In response to questions from the City Council, the City Attorney explained the provisions of the 1911 Assessment Act whereby the City has the authority once over 50% of a street has been improved to require the remaining portion of the street adjacent to the improvement to be improved by the property owners. It was moved by Councilman Kanel and seconded by Councilman Kanode to adopt the following Resolution, title as follows: RESOLUTION NO. 886 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. June 24, 1968 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None ORAL COMMUNICATIONS: There were no oral communications presented at this time. In response to a question from Councilman Harvey, the City Manager advised that Mr. Sullivan was aware of the City Council's action in reference to the proposed mobilehomo park at the corner of Orange and Bloomfield Street in the City of Hawaiian Gardens. He further stated that he would also forward to Mr. Sullivan the information received from the City of Hawaiian Gardens in reference to this matter. Councilman Kanode advised that the Orange County Division of the League of California Cities has requested the City Cotmcils of all Orange County cities to recommend a council momber from their respective bodies for consideration by the League of Cities for appointmont to the Executive Board of the community action agency for Orange County. Councilman Kanode further reviewed the proposed composition of the Executive Board, which may provide four appointments from city governments and reviewed the discussions held by the League of Cities as to whether or not the League should take an active role in selecting the members to serve on the Executive Board. Councilman Kanode also expressed his desire to see the Orange County Division of the League of Cities take an active role in the conmunity action agency. Councilman Noe concurred in the statements made by Cooncilman Kanode and the Council were in general agreement to authorize Councilman Kanode to encourage active participation by the Orange County Division of the League of California Cities in the conmunity action agency. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried, to adjourn the meeting at 8:53 p.m. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS June 24, 1968