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Minutes 68-11-25MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 25, 1968 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, November 25, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard L. Bowen presiding. PRESENT: Councilmen Harvey, Kanel, Noe and Bowen ABSENT: Councilman Kenode Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, Administrative Assistants Gene Poertner and Douglas Dunlap, Building Superintendent Tom Nudson, Public Works Director Arthur Schatzeder, and Police Chief George Savord. MINUTES: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to approve the Minutes of November 12, 1968 as mailed. The City Manager outlined the need to place several items on the agenda for consideration during the evening session of the City Council meeting. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to place consideration of approval of increased costs for the widening of the Bloomfield Street Bridge on the ageride as Item No. 19. It was moved by Councilman. Noe, seconded by Coun~lman Kanel and unanimously carried to place consideration of the closing of Orangewood for the installa- tion of a water line on the ageride as Item No. 20. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to place consideration of approval of the Contract and Agreement for construction of the Katella Avenue improvements in cooperation with the State of California, County of Orange and City of Stanton on the agenda as Item No. 21. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to place consideration of proclaiming Bill of Rights Week on the ageride as Item No. 22. The City Manager advised that the Community Sing will be held on December 4, 1968 at the Civic Center. He also advised that the Board of Supervisors will conduct a Special Meeting following the meeting of the Local Agency Formation Co=mission to consider adoption of the Resolution of Approval for formation of the fire service area. In response to aquestion from Councilman Kanel, the City Manager advised that the City of La Palma has already adopted their Resolution of consent for in- clusion in the Fire Service Area; however, the City of Los Alamitos has not as yet taken any action. He further indicated that there have been some informal discussions relative to the Cities of Los Alamttos and Seal Beach entering into a Joint powers agreement for fire protection services. The City Manager indicated that the brown line copy of the Annual Report would be available for Council review on Monday, December 2, 1968 and suggested that the Council may wish to consider adjourning to this date. Since Councilman Harvey was required to leave the meeting early, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to consider Items 6 and 7 immediately following Item No. 1 on the evening portion of the City Council agenda. City Council Minutes November 25, 1968 RECESS: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to recess at 4:14 p.m. to the Employees' Lounge in the Civic Center, 5275 Orange AvenueS' cypress for the purpose Of e0~dUcting a Joint meeting with the Administrative Staff of the Cypress Junior College and the members of the Board of Trustees of the North Orange County Junior College District. The meeting was called back to order at 4:30 p.m. with all City Councilmen being present. Both the City Manager and the President of Cypress Junior College presented proposed Agendas for discussion and following discussion, it was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried that both Agendas be adopted for discussion. The College officials reviewed the proposed buildings scheduled for the Cypress Campus through Phase III, which is anticipated to be completed in 1972, and further outlined the anticipated enrollment of 3500 by September, 1969, with an anticipated increase to 5000 in the following year. General discussion was held in reference to the financing of the Phase II and III construction programs, and it was generally agreed that the City would be notified of any way in which assistance could be offered, specifically in the area of advising the State Legislative representatives of the need for funds for the Junior College Campus construction. The City was requested to review traffic control measures at the Valley View entrance to the Campus, the limited right-of-way on Orange Avenue east of Valley View, which is currently used as a walkway by different age levels of school children,and the need for an additional traffic lane on Orange Avenue east of Holder Street, which is in the City of Buena Park, The City Council requested that these matters be submitted to the City Traffic Co~ittee for further discussion. General discussion was held on the reciprocal use of facilities and it was generally agreed that both agencies were receptive to the use of their facilities for functions of both the College and the City. General discussion was held in reference to the Master Plan of the City and it was suggested that a letter be directed to the North Orange County Junior College District Board of Trustees requesting their consideration of altering the boundaries in the southern part of the City of Cypress to include that area within the boundaries of the North Orange County Junior College District. Further discussion was held on the need for a review of the zoning on the south side of Lincoln Avenue between Valley View and Holder Streets adjacent to the Cypress Campus to assist in developing this area in a compatible developmental plan with the Campus. It was indicated that this matter would be taken under advisement by the City Council. General discussion took place regarding the dedication of the new buildings at the College Campus and the need for developing a program for dis- advantaged students in the area. It was generally agreed that the meeting had been very informative and that future meetings of this type should be scheduled. RECESS: It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to recess at 5:45 p.m. until 7:30 p.m. that evening. Ci.ty Council Minutes November 25, 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, Kanode, Noe and Bowen ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Eo Erickson, Administrative Assistants Gene Poertner and Douglas Dunlap, Police Chief George Savord, Public Works Director Arthur Schatzeder and Building Superintendent Tom Nudsono ORAL COMMUNICATIONS: There were no oral communications presented at this time° PRESENTATION OF RESOLUTION OF COMMENDATION TO WOMAN'S CLUB AND CYPRESS CHAMBER OF COERCE RE: SECOND ANNUAL BEAUTIFICATION PROGRAM: At this time, Mayor Bowen read in full Resolution No. 917 adopted by the City Council on November 12, 1968, and presented copies of this Resolution to Mrs. Robert Crafts, President of the Woman's Club of Cypress and to Mro Lloyd Nunnenkamp, President of the Cypress Chamber of Commerce. in recognition of the contribution which these organizations made to the success of the Second Annual Beautification Program in the City of Cypress. Mrs. Crafts and Mr. Nunnenkamp expressed their thanks to the Council for this presentation and also for the cooperation received during the Beautification Program. Mayor Bowen advised that the Council had voted to consider Items 6 and 7 immediately following Item No. 1. CONSIDERATION OF REPORT ON MIDWOOD MANOR TOWNHOUSE DEVELOPMENT (TRACT N~.. The City Manage~ presented and summarized a report dated November 20, 1968, reviewing in detail the background of the development of Midwood Manor. The report further outlined several of the problem areas within Midwood Manor and suggested alternate solutions to resolve these matters, Following a suggestion that this report be reviewed by the Midwood Manor Board of Governors prior to meeting with the City Council on this matter, general discussion was held by members of the City Council regarding the best approach to be taken to reach a solution to these problems. Mr. Donald Robbins, 10408 Carlyle Court, Cypress, addressed the Council as the Chairman of the Midwood Manor Board of Governors suggesting that the Board of Governors be provided with a copy of the Manager's Report for review with their legal counsel, following which a date could be established for a joint meeting with the City Council. Mr. Ken Zomick, 10231 King Street, Los Alamitos, addressed the Council as General Counsel for the Board of Governors expanding on the background infor- mation which was contained in the City Manager's report, specifically in regard to the misrepresentations which were made by the developer of the Tract to the new homeowners to the effect that the City had planned to eventually accept the streets within Midwood Manor for maintenance. He fur- ther stated that he did not think the increased liability to the City,which would occur as a result of the City's acceptance of the streets within Midwood Manor,would be significant. City Council Minutes November 25, 1968 Upon the request of Mr, Zomick, the Chairman of the Board of Governors of Midwood Manor was presented with copies of the Report from the City Manager on Midwood Manor,and it was generally agreed that the City Manager would be contacted to determine the best date and time for him to attend a meeting of the Board of Governors tO1 review the report. Councilmen Kanel and Kanode expressed their concern that all of the property owners in Midwood Msmor be contacted and advised of the conditions contained in the report relative to acceptance of the streets for maintenance since these conditions could have an effect upon parking, open green area and driveway turn arounds. Councilman Harvey indicated that the report presented by the City Manager sununarized the problem and suggested alternatives, and it would appear at this time that the appropriate action would be for the Midwood Manor Board of Governors to review the report and present their suggestions to the City Council. Following further discussion, it was moved by Councilman Kanode and seconded by Councilman Harvey to accept the report from the City Manager, to request the City Staff to be available to meet with the Board of Governors to explain any items in the report which need clarification and at the request of the Board of Governors,that a Joint meeting between the City Council and the Board of Governors be held to review the alternatives to achieve a solution to these problems. 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 OFRESOLUTION OF CONSENT FOR INCLUSION IN THE FORMATION OF WESTERN ORANGE COUNTY FIRE SERVICE AREA NO. 15: The City Manager presented a report dated November 19, 1968 reviewing the necessity for the Council to adopt a ~solution of Consent to be included in the formation of the Western Orange County Fire Service Area. This Resolution must be adopted and pre- sented to the Board of Supervisors prior to the Board's adoption of the Resolution of Intention to form the service area° The City Manager advised that the proposed Resolution contains a provision pretatning the right of the City to withdraw its consent prior to the adoption of the Resolution establishing the Area, which will be done follow- ing a public hearing to be scheduled before the Board of Supervisors. This right was reserved in order to provide for the City to withdraw from the service area in the event it is determined that the costs for this program will not be in the best interests of the citizens of Cypress for the pro- posed level of fire protection services to be provided under the County Fire Service Area Program. It was moved by Councilman Kanel and seconded by Councilman Kanode to adopt the following Resolution, title as follows: RESOLUTION NO~ 920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONSENTING TO THE INCLUSION OF ALL OF THE CITY OF CYPRESS IN THE FORMATION OF THE WESTERN ORANGE COUNTY FIRE SERVICE AREA. 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 Councilman Harvey excused himself from the remainder of the meeting. City Council Minutes November 25, 1968 RECESS: The Mayor declared a recess at 8:35 p.m. The meeting was called back to order at 8:42 p~m., all City Councilmen present, with the exception of Councilman Harvey. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MINUTES OF THE BOARD OF TRUSTEES .MEETING: The City Manager reviewed a communication dated November 6, 1968 from Mr. Jack N. Kimball, District Manager of the Orange County Mosquito Abatement District, transmitting a copy of the Minutes of the meeting of the Board of Trustees held on October 17, 1968. A copy of these Minutes are on file in the Office of the City Clerk. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried these Minutes be received and filed. COMMUNICATIO~ FRO~ SOUTHERN QALIFORNIA EDISON COMPANY I~E: 1969 ALLOCATION FOR UNDERGROUND OF UTILITIES: The City Manager reviewed a copy of a communication dated November 4, 1968 from Mr. W. E. Montgomery of the Southern California Edison Company addressed to the State of California Public Utilities Commission, which indicates the amount allocated in the 1969 Edison Company Budget for re- placement of overhead with underground facilities for all cities Within their service area. The connnunication indicated that of the total $6,500,000 reserved for this program, the City of Cypress will be credited with an amount of $18,500, which, together with the 1968 allocation for the City, totals $34,700. The City Manager indicated that this amount will be used for the conversion of the overhead facilities on the west side of Walker from Rome Avenue to Ball ~ad, which will be substantially completed by January 1, 1969, at an estimated cost of $50,000. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried, this cormnunication be received and filed. COMMUNICATION FROM CITY OF COSTA MESA RE: FEDERAL CUTBACK IN ~IGt{WAY TRUST .F~NDS: The City Manager presented a communication dated November 14, 1968, from the City of Costa Mesa, transmitting a Resolution of the Costa Mesa City Council opposing the proposed Federal cutback in the use of Highway Trust Funds for highway projects and suggesting that the cutbacks be made in other areas of Federal spending. The Resolution indicates that as part of the $6 billion budget reduction directed by Congress, the President has suggested reductions in the Highway Trust Fund, which will drastically affect the projects of the Division of Nighways in the State of Californi a. In response toa question from Councilman Kanode, the City Manager advised that Lincoln Avenue is the only State Highway in the City of Cypress. The City Manager further advised that no information has been received from the League of Cities relative to this matter. It was movea by Councilman Kanode and seconded by Councilman Noe to receive and file this cormnunication and to withhold action on these cutbacks until such tima as the League of California Cities presents a statement or recom- mendation. Following general discussion, relative to what effect these cutbacks would have on the City of Cypress, the motion was unanimously carried. City Council Minutes November 25, 1968 CONSIDERATION OF ABATEMENT OF PUBLIC NUISANCES ON PROPERTY LOCATED SOUTH OF ORANGE AVENUE BE'MEN WALKER AND GRINDLAY: The City Manager presented a report dated November 20, 1968, reviewing the results of inspections which were made of three parcels within the City located on the south side of Orange Avenue between Walker and Grindlay Streets, known as Assessors' Parcel No's. 244-301-15,244-301-16 and 244-191-67. These inspections revealed the exis- tence of an abandoned dairy barn, corrals, concrete slabs and foundations of dairy barns as well as weeds and rubbish, which present hazards to health and are attractive nuisances for children. It was moved by Councilman Kanel to adopt a Resolution of Intention to abate the nuisances on Parcel No. 244-301-16. Councilman Noe indicated that prior to initiating any proceedings, he would wish the property owners to be advised that these conditions do exist on these properties and that complaints have been received in this regard. Councilman Kenode also expressed his concern in initiating the proceedings without prior notification to the property owners, inasmuch, as these conditions have existed on these parcels over a period of time without any prior action having been taken by the City Council. Councilman Kenode fur- ther questioned the method of abatement being specified in the Resolutions, indicating that the property owner should be able to decide which method would be best for them. General discussion ensued relative to whether the Council should initiate the proceedings at this time, scheduling the public hearing, etc., or whether they should direct the Staff to advise the property owners that the Council is concerned with the condition of their properties and outline the reasons for the Countills concern. Councilman Kanel's motion died for lack of a second. It was moved by Councilman Kenode and seconded by Councilman Noe to instruct the City Manager to notify the property owners of each parcel that complaints have been filed with the City regarding the condition of their properties, the nature of the complaints, and the results of the Staff's investigation into the complaints; and to further notify the owners that the Council will be considering the adoption of a Resolution of Intention to call for a public hearing on this matter at its meeting of December 9, 1968. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kenode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF ABANDONMENT OF PORTION OF STORM DRAIN EASEMENT NORTH OF BALL ROAD WEST OF VALLEY VIEW STREET: The City Manager presented a report dated November 20, 1968, reviewing the need to vacate a storm drain easement on property owned by Mount Calvary Lutheran Church along the Church's north boundary, which is contiguous with the Flood Control District's right-of-way for Carbon Creek Channel. The easement was required in connection with the approval of a Conditional Use Permit, but was never improved and since that time, another solution for draining the property was developed, whereby, the drainage waters would drain through a catch basin into the Carbon Creek Channel. The report further indicated that the Planning Commission considered this proposed abandonment and determined that it is in conformante with the General Plan and recommended the abandonment of the easement to the City Council. City Council Minutes November 25, 1968 It was moved by Councilman Noe and seconded by Councilman Kanode to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 921 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF A STORM DRAIN EASEMENT AND ELECTING TO PROCEED UNDER THE PUBLIC SERVICE EASEMENTS VACATIQN LAW The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF INVESTIGATION OF PRIVATE ZOO ON ORANGEWOOD AVENUE: The City Manager presented a report dated November 19, 1968, reviewing discussions which have been held between members of the City Staff and Mr~ Hettinga, relative to the possibility of the City eventually acquiring and maintaining as a public park area,the area located on the south side of 0rangewood Avenue between Knott and Valley View Streets owned by Mro Hettinga and presently used as a small private zoo. The report indicated that Mr. Hettinga was receptive to setting aside this area for future public use; however, he was reluctant to discuss the details of this program at this time, since he apparently has no intention of selling the property upon which the zoo is located for some time. The City Manager stated that since the City Council has expressed an interest in this property, the Staff will continue to observe the activities on this property to determine whether the property could be acquired through dedication or application of the optional design considerations. It was moved by Councilman Noe', seconded by'Councilman'Kanel and unanimously carried this report be received and filed. CONSIDERATION OF REQUEST TO PARTICIPATE IN THE NEIGHBORHOOD YOUTH CORPS PRDGRAM: The City Manager presented a report dated November 20, 1968, review- ing the Neighborhood Youth Corps Program sponsored by the League of United Latin American Citizens, in which the City has been requested to participate. This Program is financed by the U. S. Department of Labor and is specifically designed to provide job training opportunities for the young people who, for one reason or another, are out of school and who further are from dis- advantaged families in the area. The Program seeks to place students from local areas into positions; there- fore, any students placed with the City of Cypress would come from the City of Cypress or adjacent County areas. In answer to an inquiry from Councilman Kanode, the City Manager indicated that extensive supervision from the City would not be required for the posi- tions which the City would make available to the students. It was moved by Councilman Kanel and seconded by Councilman Noe to authorize the City Manager to notify the Director of the Neighborhood Youth Corps in Orange County that the City of Cypress wishes to participate in the Program. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey. City Council Minutes November 25, 1968 CONSIDERATION OF l-A-2 STORM DRAIN EXTENSION THROUGH TRACT NO. 5940: The City Manager presented "alreport dated November 19, 1968 reviewing a two-phase proposal from Toups Engineering in a total amount of $2,370 to perform the engineering design and surveying required for the 2-A-2 Storm Drain extention required as a condition of approval of Tentative Tract Map No. 5940. Funds for this project will be advanced by Larwin Company on a reimbursement basis. It was moved by Councilman Nee and seconded by Councilman Kanode to accept the proposal dated November 11, 1968 from Toups Engineering in the total amount of $2,370 for design engineering, plans and specifications, and field engineering for the extension of the 2-A-2 Master Plan Storm Drain through Tract No. 5940. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, Kanode, Nee and Bowen None Harvey CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT 6210 (LARWIN COMPANY): The City Manager presented a report dated November 21, 1968 from the Public Works Directorindicating that the public improvements in Tract No. 6210, located south of Orange Avenue between Bloomfield and Denni Streets, have been satis factorily completed in accordance with the plans and specifications. The report indicated that the revisions of the CC & R's to include the main- tenance of the landscaping of the median strip on Via Engresso by Tanglewood Homeowners Association have not as yet been received and reconmmnded that the Performance Bond not be released until the revisions are received. It was moved by Councilman Kanode and seconded by Councilman Nee to accept the public improvements in Tract No. 6210 as being satisfactorily completed in accordance with the plans and specifications, and authorize the City Clerk to release the Monumentation Bond, Performance Bond and Labor and Materials Bond, upon expiration of the required lien periods,provided that no mechantc's liens have been filed and provided that the revisions to the CC & R's are received to the satisfaction of the City. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Nee and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT 6211 (LARWIN COMPANY): The City Manager presented a report dated November 21, 1968 from the Public Works Director, indicating that the public improvements in Tract No. 6211 located south of Orange Avenue between Denni and Bloomfield Streets have been satisfactorily completed in accordance with the plans and specifications. It was moved by Councilman Nee and seconded by Com~cilman Kanode to accept the public improvements in Tract No. 621~ as being satis- factorily completed in accordance with the plans and specifications and authorize the City Clerk to-release the Monumentation Bond, Performance Bond and Labor and Materials Bond upon expiration of the required lien period, providing no mechanic's liens have been filed. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Nee and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey City Council Minutes November 25, 1968 CONSIDERATION OF ACCEPTANCE OF CONSTRUCTION OF 2-A-2 AND 2-A-6 STORM DRAINS ON ORANGE AVENUE (ROOERS AND DAVIES PIPELINE CONTRACTORS): The City Manager presented a report dated November 20, 1968 from the Public Works Director, advising that the extension of the 2-A-2 storm drain from Via Entrada to the west boundary of the Anaheim Union High School District property and north along their property line to the north boundary of the School District property and construction of the 2-A-5 storm drain from the 2-A-3 Channel west of Julie Beth to the east side of the intersection at Moody and Orange were completed on November 12, 1968, in accordance with the plans and specifications for the project. Both of these storm drains were constructed pursuant to a Reimbursement Agreement with the Cypress Elementary School District, with the District to pay for construction and to be reimbursed by the City as funds are available. It was moved by Councilman Noe and seconded by Councilman Kanel to accept the 2-A-2 and 2-A-5 storm drain constructions as being completed in accor- dance with plans and specifications and authorize the City Clerk to release the Labor and Materials and Faithful Performance bonds at the expiration of the required lien periods; and to further authorize release of the 10% re- tainer on this cantract at the end of the lien period, if no liens are re- ceived. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF AMENDMENT TO CITY CODE RE: SETBACK REQUIREMENTS IN~RAFFIC SECTION: The City Manager presented a report dated November 19, 1968, transmitting an Ordinance amending Section 16-13 of the City Code to correct the conflict which exists in the setback requirements of the Zoning Ordinance and Traffic Code. Upon a review of ~hiS matter by the City Staff, it appeared that the provi- sions of the Zoning Ordinance requiring a 15 foot setback should prevail over the provisions of the Traffic Section of the Code, which requires a 20 foot setback. It was moved by Councilman Noe and seconded by Councilman Kanel to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING SECTION16-13 OF CHAPTER 16, ARTICLE 2 OF THE CYPRESS CITY CODE, AS SET FORTH IN ORDINANCE NO. 364 OF THE CITY OF CYPRESS, I~E- GARDING MOTOR VEHICLES AND TRAFFIC. It was moved by Councilman Kanel 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: 4 COUNCILM~N: Kanel, Kenode, Noe and Bowen NOES: 0 COUNCILM~N: None ABSENT: 1 COUNCILMEN: Harvey City Council Minutes November 25, 1968 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 20131 THROUGH 20214: It was moved by Councilman Noe and seconded by Councilman Kanode to approve the Commercial Warrant List for Warrants No. 20131 through 20214 in the amount of $78,882.81. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey SECOND READING ORDINANCE RE: WATER POLLUTION CONTROL REGULATIONS: It was moved by Councilman Kanode and seconded by Councilman Noe to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey Title of the Ordinance is as follows: ORDINANCE NO. 400 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 Kanode and seconded by Councilman Noe to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF APPROVAL OF INCREASED EXPENDITURE FOR WIDENING OF BLOOMFIELD STREET BRIDGE: The City Manager reviewed a memorandum dated November 25, 1968 from the Public Works Director indicating the need to appropriate addi- tional funds for construction of the Bloomfield Street Bridge widening in cooperation with the City of Los Alamitos. The reason for this added expendi- ture is that the bids received for the Project were approximately 20% in excess of the original estimate. The amount required by the City for its cooperative share in this Project would be $9,500., which is approximately $2,500. over the budgeted amount. It was moved by Councilman Noe and seconded by Councilman Kanode to authorize an additional $2,500. to cover the City's cooperative share in the construction of the Bloomfield Street Bridge. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF REQUEST TO CLOSE ORANGEWOOD AVENUE: The City Manager presented a memorandum dated November 25, 1968 from the Public Works Director reviewing the need to close Orangewood Avenue from Holder Street to Valley View Street from November 26th through December 6, 1968, to provide for the safety of the motorists during the construction of a water main in Orangewood. The report indicated that the School District, Fire Department and Police Department will be notified of the closure and suggested three conditions which could be placed by the Council, if the closure is approved. City Council Minutes November 25, 1998 Mr~ Lloyd Nunnenkamp of Southern California Water Company addressed the Council, indicating that the basis for the request for closure of the street is the unstable soil conditions in this area which, due to the depth of the proposed excavation, would be a hazard to passing motorists. It was moved by Councilman Noe and seconded by Councilmen Kanode to approve the closure of 0rangewood Avenue between Holder to Valley View from November 26th to December 6, 1968, sub] ect to the following conditions: 1o Installation of adequate barricades to satisfaction of City Engineer at New Zealand and Valley View, including advance warning and trench barricades. 2o Maintain access to dairy at all times° 3o Maintain one lane open for emergency vehicles° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF APPROVAL OF AGREEMENT WITH STATE DIVISION OF HIGHWAYS, COUNTY OF ORANGE AND CITY OF STANTON RE: IMPROVEMENT OF FATELLA AVENUE: The City Manager presented a report dated November 25, 1968 from the Public Works Director, outlining the necessity to enter into an agreement with the State of California, the City of Stanton and the County of Orange, regarding the use of funds for construction of the improvements on Katella Avenue in accordance with Section 143.3 of the Streets and Highways Code. This Agreement sets forth the responsi- bilities for each phase of the project° The City Manager stated that the City Attorney has reviewed the agreement and has found it to be satisfactory~ The Engineering Division is in the process of reviewing the agreement for correct- hess of funding. It was moved by Councilman Kanei and seconded by Councilman Kanode to approve State Agreement No. UE-69-10 with the State Division of Highways, County of Orange and City of Stanton and authorize the Mayor to sign and the City Clerk to attest the Agreement, subject to the approval of the City Manager as to correcthess of funding, The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey PROCLAMATION OF BILL OF RIGHTS WEEK IN THE CITY OF CYPRESS: The City Manager presented a communication dated November 14, 1968 from Mr. Joe Crail, General Chairman of the Bill of Rights Commemoration Committee, requesting the Mayor to proclaim the week of December 9th through December 15, 1968 as Bill of Rights Week in the City of Cypress. The comunication indicated that this would be the 177th anniversary of the signing of the Bill of Rights. It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to proclaim the week of December 9th through December 15, 1968 as Bill of Rights Week in the City of Cypress° Upon the request of Mayor Bowen, it was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to place zoning on Lincoln Avenue north of the Cypress Junior College Campus on the Agenda for consideration at this time° City Council Minutes November 25, 1968 Following general discussion, it was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to refer the study of the zoning on Lin- coln Avenue north of Cypress Junior College Campus to the Staff for a report and recommendation back to the City Council, relative to the zoning which would best provide the control of the development of the property adjacent to the College° Councilman Kanode indicated his desire to have the Staff's recommendation on this matter prior to the end of the calendar year. In response to an inquiry from Councilman Kanel, the City Manager indicated that he had met with the Director of the Cypress Park and Recreation District, relative to providing water to certain portions of the Community Sports Center on Orange Avenue and that the Director had indicated that the Park District, at the present time, does not contemplate providing water service to addi- tional areas of the Sports Center since those areas which have no water are being used by the Park District only on an interim basis~ General discussion then ensued relative to whether a portion of the property now utilized as part of the Community Sports Center would eventually be turned back to the School District or whether it will be developed as a park, follow- ing which the City Manager indicated that he would investigate this matter and report back to the Council. In response to an inquiry from Councilman Kanode, the City Manager indicated that the absence of Planning Commissioner Cardoza for a two-month period would not necessarily affect the conduct of the meetings of the Planning Conmission, as long as the other members are in attendance. He further stated that the Planning Director has been requested to stress the importance to each Planning Commissioner of making an effort to attend each of the meetings of the Commis- sion during Commissioner Cardoza's absence. ORAL COMMUNICATIONS: Mr. Jamas Chester, 4554 Middlebury Street, Cypress, addressed the Council, relative to the construction operations being conducted by Southern California Edison Company at the Texaco Tank Farm, specifically in view of the fact that the building activity has not been conditioned with the requirement of street improvements, which he understood was standard procedure~ The City Manager reviewed the provisions of the City Code which authorize the City to receive the guarantee of the installation of street improvements through a written agreement° This procedure insures that the ultimate dedication and improvements will be obtained at such time as the property is developed for its ultimate use. There were no further oral communications presented at this time. ADJOURNMENT: It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to adjourn the meeting at 9:55 p.m. until 7:00 on Monday, December 2, 1968~ MAYOR OF THE CITY OF CYPRESS ATTEST: . . , I ~,~ ~ CITY CLERK OF 'THE CITY OF CYPRESS