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Minutes 68-11-12MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 12, 1968 The regular meeting of the Cypress City Council was called to order at 4:05 p.m. on Tuesday, November 12, 1968 in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard L. Bowen presiding. PRESENT: ABSENT: Councilmen Harvey, Kanel, Noe and Bowen Councilmen Kanode Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Administrative Assistants Gene Poertner and Douglas Dunlap, Public Works Director Arthur Schatzeder and Planning Director George Putnam. MINUTES: In response to a question from Councilman Harvey, the Public Works Director advised that the City has received a letter from the Church of Jesus Christ of Latter Day Saints, formally accepting the proposal for installation of the street improvements on Cerritos Avenue in front of the Church property by Larwin Company. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to approve the Minutes of October 28, 1968 as mailed. General discussion was held regarding the program for Youth In Government Day to be held on Tuesday, November 19th, 1968, during which the City Manager suggested that the City Council may wish to adjourn this Council meeting to that time for conduct of the student City Council meeting. The City Manager presented a notice from the Orange County Division of the League of California Cities of the Executive Meeting to be held on Thursday, November 14, 1968. Included with this notice was a special announcement indicating that the Mayors of Orange County would conduct a special election to appoint a person to fill the vacancy which will be created with the expira- tion of Frank Noe's term on the Local Agency Formation Commission. It was moved by Councilman Kanel, seconded by Councilman Harvey and unani- mously carried to place this matter on the agenda for consideration at this time. Following discussion, it was moved by Councilman Kanel, seconded by Council- man Harvey and unanimously carried to instruct the Vice Mayor as the Council delegate to the Orange County Division of the League of California Cities to vote for Councilman Noe to fill the vacancy on the Local Agency Formation Commission during the election to be held at the Executive Meeting of the League on November 14, 1968. The City that the that the future. Manager reviewed the progress of the Goals Program, indicating meeting following the Town Hall Meeting was highly successful and subcommittees had been formed and will be meeting in the near A review was made by the City Manager, relative to the preliminary discus- sions which have been held with representatives from the U. S. Post Office Departmant regarding subleasing a portion of the Civic Center land to the Post Office Department for their facility. He further indicated that the Post Office Department desired access from Orange Avenue. The City Manager further explained that in order to be sure that the plan utilized in the development of the Post Office conforms to the architec- tural features of the Civic Center, William Perelra and Associates have offered to prepare an architectural review and suggested plot plan for the Post Office at no cost to the City. City Council Minutes November 12, 1968 Following general discussion relative to the procedure for subleasing the Civic Center land, it was generally agreed that the City Manager should pro- ceed to obtain an architectural review of the post office development. Upon the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to place confirmation of the appointment of Planning Commissioner Robert Cardoza to the Park and Recreation Advisory Board on the agenda for consideration at this time. It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried to confirm the appointment of Planning Commissioner Robert Cardoza as a member of the Cypress Park and Recreation Advisory Board. The City Manager reviewed discussions and meetings which have been held with Mr. George Osborne of the Orange County Flood Control District, relative to construction of the storm sewer project recently approved by the Federal Government in which the County will be requested to participate in the construction of certain facilities. If the proposal is approved by the Flood Control Advisory Co~ittee and the Board of Supervisors, the project could be included in the 1969-70 Budget of the County. The City Manager advised that Henry Neishi has paid the drainage fees for his property at Bloomfield and Lincoln for which he had posted a bond in 1965; therefore, this bond could now be released. It was moved by Councilman Harvey, seconded by Councilman Kanel and unani- mously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Harvey and seconded by Councilman Kanel to authorize the City Clerk to release the bond in the amount of $3,908.30 posted by Henry Neishi for drainage fees for his property located at Lincoln Avenue and Bloomfield Street. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode In response to a question from the Council, the Public Works Director re- viewed the proposal for providing drainage for these properties. The City Manager reminded the Council that the Joint meeting between the City Council and the Cypress Junion College officials is scheduled for Monday, November 25, 1968 at 4:00 p.m. and will include dinner. In response to a question from the City Manager, the City Council generally agreed that they would conduct their regular meeting scheduled for December 23, 1968. It was moved by Councilman Noe, seconded by Councilman Kanel and unani- mously carried to consider Items 4 through 9 scheduled for the evening session at this time. COMMUNICATION FROM CITY OF CORONA RE: CLOSING OF CALIFORNIA-MEXICAN BORDER TO MINORS: The City Manager reviewed a communication dated October 24, 1968 from Mayor Tony Bollero of the City of Corona, transmitting a copy of a Resolution urging the United States Congress to conduct hearings in Southern California to consider the closing of the California-Mexican border to minors unless said minors are accompanied by a parent or other responsible adult. City Council Minutes November 12, 1968 The City Manager also presented a memorandum dated November 8, 1968 from the Police Chief, indicating that although he is not familiar with all border crossings into Mexico, the San Diego Police Department has maintained offi- cers at the TiJuana border crossing on a 24-hour basis and as a matter of policy,does not allow a Juvenile to cross the border into Mexico unless accompanied by parents or guardians. This policy is in accordance with the Welfare and Institutions Code provisions concerning the welfare of juveniles. It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried to instruct the City Manager to con~nunicate with the Mayor of the City of Corona, transmitting the information from the memorandum from the Police Department and conveying the City Council's concurrence in the over-all effort to curb the flow of narcotics into the United States from Mexico; but suggesting that further information be obtained regarding the current restrictions which are in effect at the borders to prevent unaccompanied Juveniles from crossing the border. qO..MMUNICATION FRQ~ DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: APPLICA- TION FOR NEW OFF-SALE BEER AND WINE LICENSE (MEADOW QUEEN FARMS): The City Manager reviewed a notice from the Department of Alcoholic Beverage Control of an application for a new Off-sale Beer and Wine License at Meadow Queen Farms, 6297 Ball Road, Cypress, requested by John and Mary T. Van den Raadt. The City Manager then presented a memorandum dated Novem- ber 7, 1968 from the Police Department indicating that based upon its investigation, the Department finds no legal cause to protest the applica- tion; however, suggesting the imposition of three conditions upon the approval of the application. In response to a question from Councilman Harvey, the City Manager reviewed the regulations of the Department of Alcoholic Beverage Control, relative to the dispensing of alcoholic beverages from a drive-in business. He further advised that the business operation could not be enlarged without having further approval of the extended license. The City Manager also indicated that the Police Chief has discussed the imposition of the three conditions with the applicants and they voiced no objection to the proposal. Following discussion regarding the wording of the motion, it was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously carried to request the City Manager to advise the Department of Alcoholic Beverage Control Board that the City Council does not find cause to protest the application for an Off-Sale Beer and Wine License at Meadow Queen Farms, 6297 Ball Road, Cypress, requested by John and Mary T. Van den Raadt; however, suggests that the application, if approved,be subject to the following conditions: 1. Patrons must alight from their vehicles to purchase alcoholic beverages; beverages cannot be purchased while patron is sitting inside a vehicle. 2. Licenses must provide separate storage space for alcoholic beverages. 3o Licenses must provide additional or adequate parking space for patrons. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: CONFEI{ENCES ON MODERNIZ~ ING LOCAL AND STATE GOVERNMENT AND ON THE FUNCTION OF THE LQCAL AGENCY FORMATION COMMISSION: The City Manager reviewed communications from the League of California Cities inviting the City officials to participate in two State-wide Conferences to held on November 21 and 22 in San Francisco. The Conference on November 21, 1968 is concerned with the function of the local agency formation con~nissions throughout the State and the Conference on Friday, November 22, 1968, will be held on modernizing state and local governmont. City Council Minutes November 12, 1968 The City Manager stated that he and the Public Works Director were planning to be in San Francisco during the dates set aside for these Conferences, since they had a meeting scheduled with the officials of the Department of Housing and Urban Development and; therefore, would be able to take advan- tage of these Conferences. It was moved by Councilman Noe and seconded by Councilman Kanel to authorize the City Manager and Public Works Director to attend the Conferences on Modernizing State and Local Government and on the function of the local agency formation commissions to be held in San Francisco on November 21 and 22, 1968, in conjunction with the scheduled meeting with the officials of the Department of Housing and Urban Development; and further authorize any member of the City Council to attend these Conferences; and to authorize those officials in attendance to be reimbursed for their actual and necessary expenses. Councilman Noe indicated that he would attend the Conferences; however, the fee for the Conference on the local agency formation commissions would be paid by the Orange County Local Agency Formation Commission of which he is a mem- ber. The motion was then unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode COMMUNICATION FROM ORANGE COUNTY CLERK'S OFFICE RE: RESOLUTION OF BOARD OF SUPERVISORS DFCI.ARINGKATELLA AVENUE COUNTY HIGHWAY: The City Manager re- viewed a communication dated October 30, 1968 from the County Clerk's Office, transmitting a copy of a Resolution of the Orange County Board of Supervisors declaring a portion of Katella Avenue in the City of Cypress to be a County Highway during the period of the Katella Avenue Improvement Project. This action is a standard procedure of the County for street improvement projects, which are coordinated by the County Road Department. It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried this communication and Resolution be received and filed. COMMUNICATION FROM CITY OF NEWPORT BEACH RE: REGIONAL AIRPORT FACILITIES FOR ORANGE COUNTY: The City Manager presented a communication dated October 31, 1968 from the City Clerk of Newport Beach, transmitting a copy of a Resolution of the City Council of Newport Beach, expressing its posi- tion on the planning of future regional airport facilities for Orange County and outlining eight specific suggestions to the Orange County Board of Supervisors for implementing the Orange County Air Transportation Study which was recently completed. It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried this communication be received and filed~ COI~4UNICATION FROM ORANGE COUNTY COMMUNITY ACTION COUNCIL~ INC. RE: COMMU- NITY RELATIONS PROGRAM: The City Manager presented a co~munication dated November 4, 1968 from Mr. Ronald D. Lunceford, Executive Director of the Orange County Community Action Council, Inc., transmitting a copy of the Resolution adopted by that Council at a regular meeting held on October 23, 1968 and requesting the City Council to consider implementation of a similar measure in the City of Cypress. The Resolution outlines the intent of the City of Santa Ana to initiate certain measures in reference to the disadvantaged residents of the City. The City Manager indicated that the programs, although not specifically applicable to the City of Cypress at this time, are significant programs and could be introduced as a part of the Goals study which now is under- way. City Council Minutes November 12, 1968 It was moved by Councilman Noe, seconded by Councilman Harvey and unani- mously carried to receive and file this con~nunication and transmit a copy of the Resolution to the Citizens Goals Steering Committee for referral to the appropriate Study Committee. COMMUNICATION FROM CYPRESS STUDENTS OPPOSING FORMATION OF THE ORGANIZA- TION CALLED STUDENTS FOR A DEMOCRATIC SOCIETY ON THE CYPRESS JUNION COLLEGE CAMPUS: It was agreed that this matter would be held over until the even- ing session of the City Council meeting. COMMUNICATION FROM DIEHL, EVANS AND COMPANY RE: AUDIT REPORT FOR FISCAL YEAR ENDING JUNE 30~ 1968: The City Manager presented a communication dated September 30, 1968 from Dtehl, Evans and Company, the City Auditors, trans- mitting the Auditor's Report for the fiscal year ending 3une 30, 1968. The report indicates that the Auditor has completed his investigation of the financial transactions of the City for that period and that the accompanying statements of cash receipts and disbursements of all funds presents fairly the cash balances and cash transactions consistent with that of the preced- ing year. The report also indicates that the cash balance on June 30, 1968 was $868,771.94. It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried, this communication be received and filed. EXECUTIVE SESSION: Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to go into an Executive Session at 5:05 p.m. for the purpose of discussing pending litigation. The meeting was called back to order at 5:35 p.m., with all City Councilmen being present, with the exception of Councilman Kanode. It was maved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried to place the condenmation of certain parcels of property for a public works yard on the agenda for consideration at this time. It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 911 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 CALIFOR- NIA AND DECLARING THE PUBLIC NECESSITY THEREFOR. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode RECESS: It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried to recess at 5:37 p.m. until 7:30 p.m. that evening. City Council Minutes November 12, 1968 CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. in the City Council Chambers, 5275 Orange Avenue, Cypress, California, with the following in attendance: PRESENT: Councilmen Harvey, Kanel, Noe and Bowen ABSENT: Councilman Kenode Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, Adm4'nistrative Assistants Gone Poetthor and Douglas Dunlap, Police Chief George Savord, Public Works Director Arthur Schatzeder, Planning Direc- tor George Putnam, and Administrative Intern Bob Gaff. ORAL COMMUNICATIONS: There were no oral communications presented at this time. Since Item No. 1 was a Public Hearing, scheduled for 8:00 p.m., it was moved by Councilmen Harvey, seconded by Councilmen Noe and unanimously carried to proceed to Item No. 3 and continue until 8:00 p.m. At this time, the City Manager introduced Administrative Intern Bob Garr and Stenographer Gloria Schultz to the City Council members. COMMUNICATION FROM ROBERT H. GRANT AND COP~ANY RE: REQUEST FOR ONE-YEAR EXTENSI0~ ON IMPMV~M~NTBOND. FOR WALKER STREET AND ORANGE AVENUE: The City Manager reviewed'+a communication dated September 25, 1968 and October 16, 1968, from Mr. Warner L. 0wen, Property Manager of Robert H. Grant and Company, requesting a one-year extension on a bond posted with the City in the amount of $33,000guaranteeing the full street improvements on the south side of Orange Avenue west of Walker Street, which was originally a part of Tentative Tract Map No. 5957. The basis for the request for the extension is due to the cost of the improvements and the decision of the Grant Company to sell the property. The City Council authorized the posting of this bond on February 27, 1967 for a two year period to expire on February 16, 1969. The City Manager reviewed the results of meetings which have been held with representatives of Grant Company; wherein, Grant Company requested considera- tion of allowing the one-year extension with a provision that a four-foot A.C. walkway be installed ten feet from the right of way, which would provide a temporary walking area on the south side of Orange Avenue. However, the Staff feels that the full street improvements should be installed at this time not only for pedestrian use, but also for the additional traffic lanes, which the ultimete improvements would provide. In response to a question from Councilman Harvey, the City Manager advised that the improvements include sidewalk, curb and gutter and would extend from Walker Street to approximately 300 feet east of Grindlay Street. It was moved by Councilmen Kanel and seconded by Councilman Harvey to deny the request of Robert H. Grant and Company for an extension of the bond and require Robert H. Grant and Company to proceed with the installation of improvements prior to the expiration of the bond on February 16, 1969. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kenode It was moved by Councilman Harvey, seconded by Councilmen Noe and unani- mously carried to proceed to Item No. 10 on the agenda at this time, since Items 4 through 9 and Item No. 11 had been considered during the afternoon session of the City Council Meeting. City Council Minutes November 12, 1968 COMMUNICATION FROM CYPRESS STUDENTS OPPOSING THE FOkMATION OF AN ORGANIZATION CALLED STUDENTS FOR A DEMOCRATIC SOCIETYeN-TME~6~fPRES8 3UNIOR COLLEGE CAMPUS: The City Manager presented a communication received on November 6, 1968 from Miss Linda Jensen, on behalf of the Cypress Students opposing the Students for a Democratic Society and requesting the City Council to issue a state- ment of position in reference to organization of this group on the Cypress Junior College Campus. The conmmunication further requested this statement to be transmitted to the Board of Trustees of the North Orange County Junior College District,who apparently will receive an appeal from the proponents of this organization of the action of the Cypress Junior College Student Body Executive Council who denied their request to organize a chapter of this association on the Campus. The City Manager indicated that he has discussed this matter with Dr. Walker from Cypress Junior College and reviewed for the Council the procedures to be followed for organizing an on-campus association. He stated that in this particular case, the denial of this group to organize by the Student Body Council was supported by the Administration of Cypress Junior College and statements of position in reference to this matter have been transmitted to the North Orange County Junior College District Board of Trustees. It was moved by Council man~Moe and seconded by Councilman Kanel to authorize the City Manager to transmit to the North Orange County Junior College Dis- trict Board of Trustees a statement that since the governing of the Campus is of direct concern to both the Students and Administration of Cypress 3unior College, in cases where both the Student Body and Administration agree in the approval or denial of a request to form an association, the District Board should not revoke their decision. Councilman Harvey stated that although he is in sympathy of the request from the Students opposing the formation of the Students for a Democratic Society on the Cypress 3unior College Campus due to the problems that it could create for the City; however, he felt this was an internal matter and, if the City Council were to assume a position in this matter, it would set a precedent of involving the City Council in requests for formation of other organiza- tions on the College Campus. Mayor Bowen and Councilman Noe concurred in the statements made by Council- man Harvey, following which Councilman Noe's metion was unanimously carried by the ~btlowing roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kenode It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried to proceed to Item No. 12. COUNCILMAN KANODE ARRIVED AT 7:45 P.M. AND TOOK HIS PLACE ON THE PODIUM: The City Manager reviewed the action which had been taken by the City Council during the afternoon session of the City Council meeting. CONSIDERATION OF TENTATIVE TRACT MAP NO. 5940 (LARWIN COMPANY}: The Planning Director reviewed a report dated November 7, 1968, outlining the action taken by the Cypress Planning Commission in its approval of Tentative Tract Map No. 5940 located immediately west of the Arnold School and east of the Hampton Court tract, consisting of approximately 10 acres and 50 R-1 lots, requested by Larwin Company, 9300 Wtlshire Boulevard, Beverly Hills, 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. C.i..ty Council Minutes No.vembe.r 12, 1968 In response to a question from Councilman Harvey, the Planning Director advised that the City is requesting the offer of dedication of Lot "B" on that portion of the street right of way abutting the mobile home park to the north so that the City can control the access from the adjoining properties to the public streets. In answer to an inquiry from Councilman Harvey, relative to proposed Condition No. 11, the City Manager explained that the City has not as yet formulated a policy relative to the size of tree to be installed or when to require the trees to be installed and have; therefore, left this particular item up to the discretion of the Staff to determine the best size and type of tree to be planted in this area. Following discussion, it was moved by Councilman Harvey and seconded by Council- man Kenode to approve Tentative Tract Map No. 5940, subject to the following conditions: 1. All cul-de-sacs shall have a minimum of 43%'property line radius. 2. All drainage fees shall be paid in accordance with the Master Plan of Drainage. 3. Drainage within the Tract shall be solved to the satisfaction of the City Engineer. 4. All 47' streets shall have 36' of paving curb to curb. 5. All streets shall be constructed to City standards with interior street structural sections to be acceptable to the City Engineer. 6o A Lot "B" shall be offered for dedication along the north side of "B" Street, along that portion of the street right-of-way abutting the mobile home park to the north. 7. "B" Street shall have 51' of right-of-way with 40' of paving, to be fully improved to 624' east of the west tract boundary, with a walk on the north side of the street adjacent to the trailer park boundary. 8. "B" Street shall be fully improved from the easterly tract boundary to Denni Street. A retaining wall may be required on the south side and a sidewalk shall not be required on the north side. 9. "A" Street shall have 56' of right-of-way at the turn adjacent to Lot 50, with 40' of pavement and to narrow down to 51' of right-of- way with three foot (3') parkway easements on both sides at "D" Street. 10. A six foot (6') high concrete block wall shall be constructed on the southerly and easterly tract boundaries, except where pedestrian accesses are required at the end of "C" and "D" Streets to the adja- cent school property and southerly of Lot 50, where the right-of-way abuts the Junior High School property. Ten foot (10') openings in the wall are permitted in these pedestrian areas. These openings shall be to the satisfaction of the City Engineer. 11. All street trees shall be of a size and type approved by the City staff. 12o A Lot "~' for a future street shall be offered for dedication =o the City of Cypress along the southerly boundary of the tract, westerly of Lot 1. The shape of Lot "f' shall be to the satisfaction of the City Engineer° 13. Domestic water system shall be designed to provide a circulating water system° 14. Street grades shall be .2% minimum. 15. Optional design fee shall be determined by the City staff prior to the submittal of the final map. 16. Street light layout should be submitted to the City of Cypress. 17. All utilities shall be underground. 18o Developer shall advance funds for construction of the Master Plan Storm Drain 2-A-2 to the northerly boundary, subject to reimburse- mento Councilman Bowen indicated that he was pleased to see that the m~ ority of the lots in this Tract were the standard lot size. City Council Minutes November 12, 1968 The motion to approve was then 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 Councilman Harvey inquired of Art Rosenthai of Larwin Company as to when the property in the area of Valley View Street would be cleared of the weeds and debris, since at the present time children are attracted to this area, which is a safety hazard. Mro Rosenthai indicated that he would investigate as to what measures could be taken to assure that the hazards could be removed from the property until it develops. RECESS: The Mayor declared a recess at 7:58 p.m. The meeting was called back to order at 8:00 p~mo, with all City Councilmen present. PUBLIC HEARING RE: SPECIAL PERMIT TO SOLICIT FOR PHOTOGRAPHIC ORDERS (SUNSHINE COLOR PHOTOGRAPHY): The Mayor announced this was the time and place for the Public Hearing to consider an application for a Special Permit to solicit photographic orders from door to door by the Sunshine Color Photography Company, 1146 North Western Avenue, Hollywood, California. The Mayor declared the Public Hearing open and requested the Staff to present its reports° The City Manager presented a report dated November 7, 1968, indicating that the affidavits of publication and posting of the Public Hearing notice on this matter are on file in the office of the City Clerk and no written communications have been received either in favor of or in opposition to the requested Permit. The City Manager also presented a memorandum dated October 31, 1968 from the Police Chief protesting the issuance of a Special Permit to the applicant on the basis of falsification of the application, wherein he had indicated that he had never been convicted of a crime. The City Manager then reviewed City Code Section 52-62, which outlines the criteria to be followed by the City Council in determining whether or not the request will comport with the peace, health, safety, convenience, good morals, and general welfare of the public or whether the applicant, his employers, or associates, or the person or persons who would be responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such Special Permit or has a bad moral character, intemperate habits, or a bad reputation for truth, honesty or integrity. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the Special Permit, ~ Mr. Alphonso Tranconni, 5427 Oxford Drive, Cypress inquired as to whether the City had contacted the Better Business Bureau to determine if complaints have been received regarding the services of the subject company. The City Manager advised that the Better Business Bureau of Orange County had advised that a few complaints had been received from customers of the com- pany; however, the company did make adjustments to satisfy the complaining CUS t O~ rs. The City Manager advised the Council that the subject applicant had been soliciting and had been contacted by the City, relative to the requirements of the City regarding solicitation~ City Council Minutes November 12, 1968 Mro Tranconni addressed the Council, indicating that he had not had a bad experience with the company under discussion, but rather another photo- graphic firm° Mayor Bowen then stated that representatives from Sunshine Color Photo- graphy were soliciting in his neighborhood without a permit. There being no written communications and no further oral comments, the Mayor declared the Public Hearing closed° Mayor Bowen then informed the audience that the City does have a solici- tation ordinance which requires solicitors to have a special permit from the City and requested that the City be advised of solicitors who do not carry such a Pennito Councilman Harvey indicated that based upon the evidence contained in the report of the Police Department, he does not feel this business will com- port with the peace, health, safety, good morals, convenience and general welfare of the public and moved to deny the request for a Special Permit from Sunshine Color Photography, 1146 North Western Avenue, Hollywood, California to solicit photographic orders from door to door in the City of Cypress. Councilman Noe seconded the motion, which 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 PUBLIC HEARING RE: SPECIAL PLAN FOR PRECISE ALIGNMENT OF WALKER STREET FROM CERRITOS AVEN~E SOUTHERLY TO FATELLA AVENUE: The Mayor announced this was the time and place for the Public Hearing to consider the adop- tion of a Specific Plan for the precise alignment of Walker Street from Cerritos Avenue southerly to Katella Avenue, initiated by the Secretary of the Planning Commission° The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated November 7, 1968, indicating that the affidavits of posting and publication of the Public Hearing notices on this matter are on file in the Office of the City Clerk and no written communications either in favor of or in opposition to this matter have been received° The Planning Director read into the record of the Public Hearing a report dated October 11, 1968, indicating that the alignment was revised in an effort to substantially reduce the number of eucalyptus trees which would have had to be removed from the routing of the originally adopted precise alignment, in compliance with the requests of the City Council and Planning Commission as well as in compliance with the recommendations of the landscape consultant° The Planning Director also presented a re- port dated October 14, 1968 from the Public Works Director, indicating that the recommended alignment will provide 100 feet of right of way with an ultimate of six lanes of travel. The Mayor asked if anyone in the audience wishes to speak in favor of or in opposition to the proposed alignment. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed° In response to an inquiry from Councilman Kanode, the City Manager ad- vised that construction of this street extension is contemplated to be completed prior to June of 1969. City Council Minutes November 12, 1968 Following further discussio~a~ it was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the following Resolution, title as follows: RESOLUTION NO. 912 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A SPECIFIC PLAN FOR THE PRECISE ALIGNMENT OF WALKER STREET FROM CERRITOS AVENUE SOUTHERLY TO KATELLA AVENUE. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF TENTATIVE TRACT MAP NO. 6559 (FRANMAR DEVELOPMENT COMPANY): The Planning Director reviewed a report dated November 7, 1968, outlining the action taken by the Cypress Planning Commission in its approval of Tenta- tive Tract Map No. 6559, located on the Eest side of Moody Street, south of Camp Street, consisting of 6.4 acres and 30 R-1 lots, requested by Franmar Development Company, 12681 Blackthorn Street, Garden Grove, California. In response to a question from Mayor Bowen, Mr. Frank Pricetar, 12681 Black- thorn Street, Garden Grove, California, addressed the Council indicating that he was in agreement with the conditions imposed and stating further that he would have no objection to being required to provide a certain color fence for the perimeter of the tract. It was moved by Councilman Harvey andae~a~dedlb$~.~ouncilmaa~INu3~QaP~Ectve, Tentative Tract Map. No. 6559 subject to the following conditions: 1. All cul-de-sacs shall have a fifty foot (50') radius. 2. Gregory Street shall be a cul-de-sac. 3. Drainage shall be to the satisfaction of the City Engineer. 4. Water lines shall be designed to provide a circulating system. 5. Blue border shall extend to the centerline of Moody Street and Camp Street. 6. Pedestrian and vehicular access rights shall be dedicated to the City for those lots abutting Moody Street and Camp Street. 7. A six foot (6') high concrete block wall shall be constructed along the northerly and easterly tract boundary. The color of the wall shall be approved by the Planning Director. 8. Street grades to be 0.2% minimum. 9. The developer shall post a cash deposit to guarantee the future improvement of Camp Street. The amount of the bond shall be determined by the City Engineer. 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 APPROVAL OF FINAL TRACT MAP NO. 6658 (J- W. KLUG DEVELOP- MENT COMPANY): The Public Works Director presented a report dated Novem- ber 7, 1968, reviewing Final Tract Map No. 6658, located on the south side of Ball Road approximately 645 feet west of Valley View Street, consisting of 11.782 acres and 62 R-1 lots, requested by J. W. Klug Development Com- pany, Inc. 4540 Can~us Drive, Newport Beach, California. This is the first final map of Tentative Tract No. 4137 and improvement plans now are in the process of being checked by the Engineering Division. The report further reviewed negotiations which have been conducted to ob- tain the required easement to provide adequate drainage for the tract. City Council Minutes November 12, 1968 It was moved by Councilman Noe and seconded by Councilman Kanode to approve Final Tract Map No. 6658, accept the bonds and agreements for public improve- ments in the amount of $129,000, which is not less than 50%, nor 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 requirements: 1. Approval of bonds and agreements by City Attorney. 2. Completion of corrections required on improvement plans. 3o Completion of minor corrections on tract map. 4o Agreement by the Developer to the above conditions, 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 ABATEMENT OF NUISANCE CONDITION ON PROPERTY LOCATED SOUTH OF ORANGE AVENUE BETWEEN WALKER AND GRINDLAY: The City Manager presented a report dated November 7, 1968, indicating that the owner of the property located at Orange Avenue between Walker and Grindlay Streets had employed a contractor to clear the property of the weeds and debris and this work was completed as of November 4, 1968. In reference to the removal of broken concrete on the property, the report indicated that although the foundation has an undesirable appearance, the foundation and floor is not of a hazar- dous nature as far as health or fire is concerned and it appears that it would be an undue requirement on the property owner to force him to remove this large mass of concrete at this time. Mr. Alphonso Tranconni, 5471 Oxford Drive, Cypress, addressed the Council requesting their consideration of requiring the property owner to remove this concrete slab since it is an attractive nuisance for children due to the fact that a child could fall off the slab and obtain an injury. General discussion ensued relative to whether the provisions of the City's Nuisance Abatement Ordinance provided for the abatement of this type of nuisance. Councilman Kanel indicated his desire to require the owner of the property to remove this foundation slab at this time. Mayor Bowen then indicated that, if this requirement is applied to one, it should be applied equally throughout the City. Following further discussion, the City Attorney reviewed the section of the City Code, outlining the factors which constitute a public nuisance and which can be abated under this Code Section. Upon the request of Councilman Harvey, the City Manager reviewed the extent of the foundation slab, indicating that it had previously been the founda- tion for a dairy barn and since it is on a higher elevation than the resi- dences adjoining the property, it is the same height as the fences. He further indicated that the Staff would have to review the provisions of the Nuisance Abatement sections of the City Code to determine which provisions, if any, would apply. It was moved by Councilman Noe and seconded by Councilman Kanode, to request the Staff to prepare a report and recommendation to be pre~ented ~o the City Council at its meeting of November 25, 1968, t'o determine whether or not the existence of the concrete foundation slab on the property south of Orange Avenue between Walker and Grindlay Streets constitutes a public nuisance; and further whether the conditions on the former Van Dyke property constitute a public nuisance and should be abated under the City Code provisions. Cit~ Council Minutes November 12, 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 CONSIDERATION OF INVESTIGATION OF LOCATION OF REVERSE CORNER LOT AT 5355 HANOVER DRIVE: The City Manager presented a report dated November 7, 1968, reviewing the results of an investigation requested by the City Council at its meeting of October 28, 1968, which indicated that reverse corner lot located at 5355 Hanover Drive, Cypress, in Tract No. 5957 was in accordance with the approved Final Map for this tract. Mayor Bowen stated that a review of his notes on this matter indicated that a condition had not been placed on Lot No. 19 in Tract 5957 since this was a reverse comer lot and the driveway location would, therefore, have had no effect on the vision clearance situation. It was moved by Councilman Kanode, seconded by Councilman Harvey and unani- mously carried this report be received and filed. CONSIDERATION OF REPORT ON SPRAY PAINTING ACTIVITIES AT 5461 MARCELLA CIRCLE: The City Manager presented a report dated November 8, 1968, re- viewing the results of an investigation which had been conducted relative to the spray painting operations conducted by Mr. Anthony Burdette at 5461 Marcella Circle, Cypress. The report indicated that there was a difference of opinion between Mr. Burdette and the Planning Director as to the attitude of each party and the basis for the conflict. The report also indicated that the matter was brought to the attention of the City through a complaint and that the Police Department had surveyed the area in reference to the nuisance created by the activities at this residence. In summary, the report indicated that it is apparent that a problem does exist and there is little question that the repair and painting of vehicles is a use not permitted in the residential zone and that Mr. Burdette's activities in his garage should be limited to the repair and painting of his own vehicle,and any additional activities would require the City to pursue further action in limiting this activity. The City Manager introduced into the record a communication dated November 7, 1968 signed by property owners on Marcella Circle who were protesting the spray painting operations at 5461 Marcella Circle. He also presented communications dated November 10th and November 12th, 1968 signed by other property owners on Marcella Circle and adjacent streets indicating that this operation did not disturb them. With the permission of Mayor Bowen, Mr. Anthony Burdette, 5461 Marcella Circle, Cypress, addressed the Council indicating that although he had advised the Council that he had painted fifteen cars since the first of the year, he had later determined that only seven cars had been painted, three of which were painted at a place other than his residence- He fur- ther advised that he wishes to paint only his own cars in his garage and will no longer paint the vehicles of other persons. The City Manager advised that, if Mr. Burdette were to purchase, paint and repair a car with the express purpose of re-selling it, this would be considered a commercial business and would also be in violation of the Zoning Ordinance- Mr. Burdette indicated that he has three vehicles, two of which he has owned for eleven months or more. Mr. Leonard Segler, 5452 Marcella Circle, Cypress, addressed the Council, indicating that Mr. Burdette's spray painting operations in his garage caused no disturbance to him° He further advised that Mr. Burdette re- paired his car at no cost. City Council Minutes November 12, 1968 In response to inquiries from Councilman Kanel, Mr. Burdette indicated that when spray painting in his garage, he does turn off the hot water heater. He further indicated that since being advised by Mr. Putnam that the spray painting operations were in violation of the Zoning Ordinance, he has ceased these operations; but requested the Council's consideration of allowing him to continue these operations on his own vehicles as a hobby~ Mr. Larry Ambrose, 5451 Marcella Circle, Cypress, addressed the Council, advising that he lives on the west side of Mr. Burdette, requesting the Council to consider in~posing a time limit on these spray painting operations, if Mr. Burdette is allowed to continue them on his own vehicles as a hobby. He advised that many times, Mr. Burdette has worked until 11:00 or 12:00 at night, which is a source of disturbance to the neighbors. Councilman Kanel then stated that he felt Mr. Burdette's operations in his garage should be discontinued before 10:00 p.m. It was moved by Councilman Harvey and seconded by Councilman Noe to notify Mr. Burdette that the continued operation of auto repairs and painting of vehicles other than his own in his garage at 5461 Marcella Circle is a violation of the provisions of the Zoning Ordinance; and that the City will pursue additional courses of action in the event Mr. Burdette fails to com- ply with the Zoning Ordinance. Following further discussion, 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 RECESS: The Mayor declared a recess at 9:17 p.m. The meeting was called back to order at 9:27 pom., with all Councilmen in attendance. CONTINUATION OF MIDWOOD MANOR REPORT: The City Manager advised that the Staff had not had sufficient time since the last Council meeting to finalize the research required in preparing a report on the various problems at Mid- wood Manor and requested permission to continue this item to the City Council Meeting of November 25, 1968. It was moved by Councilman Noe, seconded by Councilman Kanel and unani- mously carried to continue consideration of the report on the problems at Midwood Manor until the meeting of November 25,1968. SETTLEMENT OF CONDEMNATION ACTION--CITY VS GOUYD, ET AL: The City Manager presented a report dated November 7, 1968, reviewing negotiations which have been conducted between the City and Mr. and Mrs. Clayton A. Gouyd for two parcels of property required in conjunction with the construction of the Master Plan of Drainage facility from Walker to Grindlay north of the Civic Center. The report indicated that Mr~ and Mrs. Gouyd, through their Attorney, have now indicated a willingness to settle this matter without proceeding to a court trial. It was moved by Councilman Harvey and seconded by Councilman Noe to authorize settlement of the condemeation action of City of Cypress VS Clayton A. Gouyd, et al, Orange County Superior Court Case Noo 158644 in the total amount of $3,971.00. 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 City Council Minutes November 12, 1968 SETTLEMENT OF CONDEMNATION ACTION--CITY VS COTA: The City Manager presented a report dated November 7, 1968, reviewing negotiations which have been con- ducted between the City and Mrs. Laura Cota in conjunction with the Gouyd Condemnation for acquisition of a small parcel of property on the west side of Grindlay Street for construction of a Master Plan Storm Drain facility. The report indicated that Mrs. Cota, through her Attorney, has indicated a willingness to settle this matter without proceeding to a court trial. It was moved by Councilman Harvey and seconded by Councilman Noe to authorize settlement of the condemnation action of the City of Cypress VS Mrs. Laura Cota, Orange County Superior Court Case No. 158644 in the total amount of $1,400~00. 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 SETTLEMENT OF CONDEMNATION ACTION--CITY VS HARVEY 2 AND 3: The City Manager presented a report dated November 7, 1968, reviewing negotiations which have been conducted for the acquisition of several parcels owned by the Harvey Family for street purposes on Katella Avenue and Cerritos. In addition to these properties on which condemnation actions have been filed, the City Manager has negotiated with the Harvey Family to acquire additional parcels of property needed for street and drainage improvements. It was moved by Councilman Harvey and seconded by Councilman Noe to authorize the Mayor to sign and the City Clerk to attest the Right of Way Contract authorizing settlement of Condenmation action of City of Cypress VS Harvey 2 and Harvey 3, Orange County Superior Court Case No's. 158447 and 158862, plus acquisition of additional right of way for the total sum of $35,000. 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 APPROVAL OF WATER AND SEWER GRANT AGREEMENT AND AUTHORIZA- TION FOR MAYOR TO SIGN AND CITY CLERK TO ATTEST AGREEMENT: The City Manager presented a report dated November 8, 1968, outlining the necessity to adopt a Resolution approving the formal Grant Agreement from the Department of Housing and Urban Development in the amount of $558,100. for assistance from the Federal Government in the construction of the proposed enlargement to the City of Cypress Master Plan Storm Drain System. The Resolution fur- ther authorizes the Mayor to sign and the City Clerk to attest the subject Agreement. The City Manager indicated that the Resolution, Grant Agreement and terms and conditions have been reviewed by the City Manager and City Attorney and are consistent with the application the City Council approved for the Grant Assistance for this storm drain construction. It was moved by Councilman Noe and seconded by Councilmen Kanode to adopt the following Resolution, title as follows: RESOLUTION NO. 913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING EXECUTION OF GRANT AGREEMENT. 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 City Council Minutes November 12~ 1968 FIRST READING ORDINANCE RE: WATER POLLUTION CONTROL REGULATIONS: The City Manager presented a report dated November 8, 1968, reviewing the need to adopt an amendment to the City Code to adopt regulations for the control of water pollution° The proposed provisions would prohibit discharge or deposit of any industrial waste in a manner resulting in the pollution of any undergrotmd or surface waters and provides for the issuance of a permit by the Director to appeal to the Orange County Board of Supervisors. This Ordinance was transmitted by Mro H. G. Osborne, acting in his capacity as Water Pollution Engineer of Orange County. It was moved by Councilman Harvey and seconded by Councilman Noe to read the following Ordinance by title onlyo The motion was unanimously carried by the following roll call vote: A~ES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None Title of the Ordinance is as follows: ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING ARTICLE IV, SECTIONS 13-21 THROUGH 13-45, TO CHAPTER 13, ESTABLISHING WATER POLLUTION CONTROL REGULATIONS° It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the first reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None CONSIDERATION OF ABATEMENT OF PUBLIC NUISANCE AT NORTHEAST CORNER OF DEN]iT AND ORANGE: The.CityManager presented a report dated November 8, 1968, indicating that several complaints have been received concerning the nu- merous large piles of trash and debris on the property generally located at the northeast corner of Denni and Orange. The property has been checked by the Public Works Department and photographs have been taken showing the various piles of tree branches, old couches, broken concrete, etc., which have been dumped on the lot, which constitute a hazard and a poten- tial breeding ground for rodents. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Kenode to adopt the following Resolution, setting a Public Hearing for Monday, December 23, 1968 at 8:00 p.mo Title of the Resolu- tion is as follows: RESOLUTION NOo914 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN THE CITY MAY BE MAINTAINED IN SUCH A WAY AS TO CONSTI- TUTE A NUISANCE, AND DECLARING ITS INTENT TO CON- DUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS OF ARTICLE III OF CHAPTER 13 OF THE CYPRESS CITY CODE° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None Ci.ty Council Minutes November 12~ 1968 CONSIDER~LTION OF ABATEMENT OF PUBLIC NUISANCES: The City Manager reviewed a report dated November 7, 1968 from the Public Works Director, outlining the necessity to initiate proceedings to abate the tumbleweeds on properties located on the southeast comer of Moody and Ball Road, known as AP #242-112-1 and on the southwest corner of Moody and Ball Road, known as AP #242-111~15. These tumbleweeds are potential fire and traffic safety hazards and should be disposed of before they become dry. It was moved by Councilman Kanel and seconded by Councilman Kanode to adopt the following Resolution by title only, setting a Public Hearing for Monday, December 23, 1968 at 8:00 p.m. Title of the Resolution is as follows: RESOLUTION NO~ 915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN THE CITY MAY BE MAINTAINED IN SUCH A WAY AS TO CON- STITUTE A NUISANCE, AND DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS OF ARTICLE III OF CHAPTER 13 OF THE CYPRESS CITY CODE. 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 Kanel and seconded by Councilman Kanode to adopt the following Resolution by title only setting Public Hearing for Monday, December 23, 1968 at 8:00 p.m. Title of the Resolution is as follows: RESOLUTION NO. 916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN THE CITY MAY BE MAINTAINED IN SUCH A WAY AS TO CON- STITUTE A NUISANCE, AND DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS OF ARTICLE III OF CHAPTER 13 OF THE CYPRESS CITY CODE. 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 CERTIFICATION OF RIGHT OF WAY--MOODY STREET IMPROVEMENT PROJECT, PHASE I FROM ORANGE TO 1320 FEET NORTH AND ON ORANGE FROM MOODY TO 660 FEET EAST, A.H. FoP. PROJECT NO~ 445: The City Manager presented a report dated November 6, 1968 from the Public Works Director, advising that the right- of-way for the Moody Street Improvement Project, Phase I, Moody Street from Orange to 1320 feet north, and on Orange from Moody to 660 feet east, known as A. HoF.P. Project 445, has been acquired through original dedica- tion along section lines and through required dedication coincidental with development. City Council Minutes November 12, 1968 It was moved by Councilman Harvey and seconded by Councilman Kanode to authorize the Mayor to certify right-of-way for the Moody Street Improve- ment Project, Phase I, Moody Street from Orange to 1320 feet north and on Orange Avenue fromMoody to 660 feet east, A.H.F.P. Project No. 445. 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 ACCEPTANCE OF VALLEY VIEW STREET IMPROVEMENTS PROM ORANGE TO CERRITOS AVEN~BE: The City Manager presented a report dated November 7, 1968 from the Public Works Director, indicating that the Street Improve- ments on Valley View Street from Orange Avenue to Cerritos Avenue, known as A.H.F.P. Project No. 378, were completed on September 23, 1968 by 3ohn Ewles, 14876 Dillow Street, Westminster, California in accordance with the plans and specifications for this project. The specifications for this Project provide for the Faithful Performance Bond to be held for a one-year period from the date of acceptance of the project; however, the lien period for the Labor and Materials Bond now has expired° It was moved by Councilman Noe and seconded by Councilman Kanel to accept the Valley View Street improvements from Orange Avenue to Cerritos Avenue as being completed in accordance with plans and specifications and authorize the City Clerk to release the Labor and Materials bond at this time. 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 RESCINDING DRAINAGE AGREEMENT--VAN RUITEN: The City Manager indicated that Mro Pete Van Ruiten had returned the executed copy of the Drainage Reimbursement Agreement; therefore, it would not be necessary for the City Council to take any further action on this matter. CONSIDERATION OF ACCEPTANCE OF A PROPOSAL FROM TOUPS ENGINEERING, INC. RE: ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION OF SEWAGE PUMP STATION, TRACT NO. 6719: The City Manager presented a report dated November 7, 1968, indicating that in accordance with Condition Noo 34 of Tentative Tract Map No. 6719, Toups Engineering, which is the engineering firm for the developer of Tract No. 6719, has submitted a proposal to furnish design engineering and field engineering services in connection with the construction of the sewage pump station and appurtenant facilities which will serve Tract No. 6719 and the acreage on the north side of Orangewood Avenue west of Valley View immediately below the Bolsa Chica Channel. The proposal includes the initial investigation and field survey work to determine the extent of the tributary areas to be served by the pump station and studies to determine whether a force main or a gravity sewer in Orangewood Avenue easterly of Valley View Street will be required. The total fee for the engineering services, which will also include preparation of the engineering plans, specifications, quantity and cost estimates and preparation of legal des- criptions for the right-of-way necessary for the pump station, is $5,430. Larwin Company will advance the funds for design and construct ion of the sewage pump station. It was moved by Councilman Noe and seconded by Councilman Kanode to authorize acceptance of the proposal from Toups Engineering, Inc., dated October 23, 1968, to provide the design engineering and field engineering services for the design and construction of the sewage pump station and appurtenances required in connection with the development of Tentative Tract Noo 6719. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None City Council Minutes November 12, 1968 CONSIDERATION OF SOILS INVESTIGATION ON CERRITOS AVENUE: The City Manager presented a report dated November 7, 1968, outlining the necessity to conduct pavement and soils investigations on Cerritos Avenue from Angela Street to Denni Street and reviewing a machine recently developed by Dresser Atlas Company for measuring pavement deflections, which has been used by State and County Agencies. The report further indicated that a proposal dated October 30, 1968 in the amount of $1,800~ has been obtained from LaBelle and Associates, 363 North Anaheim Boulevard, Orange, California, to make the deflection measurements and to analyze soil samples for R value and other characteristics,and to make a final report with reconnnendation for pavement designD These investigations are in widening of Cerritos Avenue under the County's A.HoF.P~ conjunction with the proposal to reconmend the from Denni to Walker as a cooperative project Program for the 1969-70 fiscal year. It was moved by Councilman Noe and seconded by Councilman Kanel to authorize the employment of the firm of LaBells and Associates to perform a pavement and soils investigation on Cerritos Avenue and to prepare a final report, including recommendations for pavement design in the total amount of $1,800. In response to a question from Councilman Harvey, the Public Works Director advised that the City could install an additional lane on the south side of Cerritos without necessitating removal of the Eucalyptus trees. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None CONSIDERATION OF ADVANCE OF MONIES TO DRAINAGE FEND: The City Manager pre- sented a report dated November 8, 1968, advising of the necessity to appro- priate additional funds in the amount of $23,000 to the Drainage District Fund to cover progress payments to the contractors who are constructing drainage facilities in conjunction with the development of the School and Administrative Offices on Orange Avenue and Moody and Orange Avenue and Dennt Street° The report further indicated that these funds will be reimbursed by the School District. It was moved by Councilman Noe and seconded by Councilman Kenode to authorize the transfer of $23,000 from the General Fund to the Drainage District Fund, subject to reimbursement to the General Fund upon receipt of these monies from the Cypress Elementary School District for the payment of construction of drainage facilities. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None CONSIDERATION OF PURCHASE OF CHRISTMAS DECORATIONS: The City Manager pre- sented a report dated November 8, 1968, requesting an appropriation of $600.00 for the purchase of additional Christmas decorations for the Civic Center to be used in conjunction with the Commaunity Sing and Christmas Program. These decorations would include sufficient garland and lighting to decorate the fascia of the Council Chambers. It was moved by Councilman Harvey and seconded by Councilman Noe to authorize an expenditure of $600.00 from the Connnunity Promot ional Account for the pur- chase of additional Christmas decorations. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None City Council Minutes November 12, 1968 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 19979 THROUGH 20130: It was moved by Councilman Kanode and seconded by Councilman Noe to approve the Commercial Warrant List for Warrants No. 19979 through 20130 in the total amount of $89,536°33. Following discussion, 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. At this time, Mayor Bowen read in full a comm~unication dated November 6, 1968, from the Woman's Club of Cypress thanking the Mayor and official City family for its cooperation in the "Cypress Second Annual Beautifica- tion Program", which the Woman's Club co-sponsored with the Chamber of Cor.r~ rce. It was moved by Councilman Kanel, seconded by Councilman Noe and unani- mously carried to place consideration of commendation of the Woman's Club of Cypress and the Cypress Chamber of Commerce for their efforts in the Second Annual Beautification Program on the agenda for consideration at this time. It was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the following Resolution, title as follows: RESOLUTION NO. 917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE MEMBERS OF THE WOMAN'S CLUB OF CYPRESS AND THE CYPRESS CHAMBER OF COMMERCE FOR CONTRIBUTING TO THE SUCCESS OF THE SECOND ANNUA~ BEAUTIFICATION PROGRAM IN THE CITY OF CYPRESS. The motion was Unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILHEN: Harvey, Kanel, Kanode, Noe and Bowen None None Councilman Kanode reported on the success of the meeting which was held following the Town Hall meeting, at which time sub-conmLittees for the Goals Program were formed. He further indicated that he and Commissioner Borders have withdrawn from active participation on the Steering Committee and that Wes Phillips now has been elected Chairman of that Committee° In response to a question from Councilman Kanel, the Public Works Director advised that the plants in the median island along Cerritos Avenue were permanent. The City Manager advised that the Boy Scouts have offered to remove all campaign signs from the General Election in November,from posts through- out the City, as a conm~unity service. In response to a request from Councilman Kanel, the City Manager indi- cated that he would investigate the possibility of and cost of providing water for a portion of the Community Sports Center. City Council Minutes November 12, 1968 ADJOUPaMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kenode, and unanimously carried to adjourn at 10:05 p.m. until Tuesday, November 19, 1968 at 4:00 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CL/ERK O~ THE X~ITY OF CYPRESS