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Minutes 69-01-13MINUTES OF THE REGULAR MEETiNG O~ THE C~PRESS CITY COUNCIL HELD January 13, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, January 13, 1969, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard Lo Bowen presiding~ PRESENT: Councilmen Kanel, Noe and Bowen ABSENT: Councilmen Harvey and Kanode Also present were City Manager/City Clerk Darrell Essex, City Attorney James E~ Crickson, Administrative Assistants Gene Poertner and Douglas Dunlap and Planning Director George Putnam° MINUTES: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to approve the Minutes of the Regular City Council meeting of December 23, 1968,as mailed.. COUNCILMAN HARVEY ARRIVED AT 4:05 P,Mo AND TOOK HIS PLACE ON THE PODIUM. It Was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to approve the Minutes of the Adjourned Regular meeting held December 30, 1968, as mailed~ The City Manager introduced Mr~ Keith French, Landscape Architect for Larwin Company, who presented a proposal for development of the park on Juanira Street whereby they would preserve portions of the existing dairy and utilize it as the central theme of the park development~ Mr~ French then presented a scale model of the proposed parkl Following general discussion regarding the additional costs involved in implement- ing this proposal, it was generally agreed that the developer should proceed with his plans for development of the Juanira Street park as presented° The City Manager advised that the O~ange County Board of Supervisors approved the creation of County Fire Sexyice Area Not 15, which includes the Cities of Cypress, Los Alamitos and La Palme,in addition to the adjacent County unincorporated ar&as and indicated that the next step in finalizing the formation of the District is a formal agreement by all affected parties as to the level of service to be provided by the Se~Jice Area~ He further indicated that it may be possible for the County to absorb the cost of tbe land on which the Fire Station will be constructed~ Following discussion, it was generally agreed that the Council would favor a fire station manned by three full-time professional firemen and that the City Manager should discuss the policy on the acquisition of the site for the fire station with tbe County officials at the same time the level of service is discussed~ The City Manager indicated that the Planning Con~nission had requested that a joint meeting with the City Council be conducted in the near future, following which it was moved by Councilman Noe, 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 Councilman Noe and unanimously carried to schedule a joint meeting with the Cypress Plan- ning Commission for the afternoon session of the City Council meeting of January 27, 1969. Upon the request of Councilman Harvey, it was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to place consideration of adoption of a Resolution con~nending Sheila Ribman for her efforts in organizing the Cypress Cultural Arts Association and serving as the first President of the Association, on the agenda at this time~ 173 ,City Council Minutes January 13, 1969 It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NOo 935 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MRS° SHEILA RIBMAN FOR HER CONTRIBUTION TO THE COMMUNITY THROUGH THE FORMA- TION OF THE CYPRESS CULTURAL ARTS ASSOCIATION. 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 Councilman Kanel indicated he felt it would be proper to acknowledge the entire Association on its first anniversary, following which it was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to place this matter on the agenda for consideration at this time° It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NOo 936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE CYPRESS CULTURAL ARTS ASSOCIATION FOR ITS CONTRIBUTION TO THE CITY AND CONGRATULATING THE ASSOCIATION ON ITS FIRST ANNIVERSARY AS A COMMUNITY ORGANIZATION° 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 The City Manager reviewed discussions which have been held with representatives of the U~ S~ Post Office Department and the Civic Center Architectural firm regarding site plans for the construction of a post office on the Civic Center site° The City Manager reviewed three proposed site plans, which were prepared by the architect, indicating that the Staff and architect favored the location on the northerly portion of the Civic Center, while the Post Office representatives indicated that the post office would have to be located on Orange Avenue to pro- vide access to a secondary highway° The City Manager further reviewed the problems which could be anticipated if the post office were to be developed as part of the Civic Center on Orange Avenue, including the requirement of fencing, the lighting and the heavy traffic volume, both from patrons and from employees° These problems, along with the fact that the area desired by the Post Office representatives had been tenta- tively reserved for the future library building, seemed to indicate that the post office development would not be compatible with the other Civic Center uses. The City Manager indicated that an alternate site in County unincorporated area on Lincoln Avenue was under consideration for the location of the post office. Following general discussion in reference to other potential post office sites within the City, the City Council requested the City Manager to discuss these alternate sites with the Post Office representatives° RECESS: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to recess at 5:22 pomo until 7:30 p~m~ that evening° Cit~ Council Minutes January 13, 1969 CALL TO ORDER: The Mayor called the meeting back to order at 7:30 pomp, with the following in attendance: PRESENT: ABSENT: CouncilmenKanel, Kenode, Noe and Bowen Councilman Harvey Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Len Hampel, Administrative Assistants Gene Poertner and Douglas Dunlap, Police Chief George Savord, Public Works Director Arthur Schatzeder, Planning Director George Putnam, Finance Director Jim Grissom and Building Superintendent Tom Nudsono AWARD OF CONTRACT FOR MOODY STREET IMPROVEMENT~ PHASE I~ FROM 9RANGE AVENUT !O 1320 FBBT NORTH (Eo L.. WHITE): The City Manager presented a report dated January 13, 1969, from the Public Works Director, reviewing the results of a bid opening for the improvement of Moody Street from Orange Avenue.to 1320 feet north. The report indicated that of seven bids received, the one submitted by E. L. White, 12311 Chapman Avenue, Garden Grove, in the amount of $24,967°90 was the lowest bid submitted° This bid is approximately 1o28% below the Engineer's estimate for the project° It was moved by Councilman Kanel and seconded by Councilman Noe to determine that the lowest and best bid was submitted by Eo L. White for the construction of street widening and related improvements on Moody Street from Orange Avenue to 1320 feet north of Orange Avenue and that the contract be awarded to E. L. White Construction Company, 12311 Chapman Avenue, Suite 121, Garden Grove, California, as per their proposal dated January 8, 1969 in the amount of $24,967.90. The motion was unanimously carried by the following roll call vote: AYES~ 4 COUNCILMEN: Kanode, Kanel, Noe and Bowen NOES~ 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey ORAL COMMUNICATIONS: There were no oral conEnunications presented at this time° Since Item Noo 2 was a public hearing scheduled for 8:00 pom., it was moved by Councilmen Noe, seconded by Councilman Kanode and unanimously carried to proceed to Item Noo 3 at this time and continue until 8:00 p,m. COMMUNICATION FROM CITY OF MARYSVILLE RE: REVISION TO STATE LAWS REGARDING ASSESSING AND TAXING OF REAL PROPERTY: The City Manager reviewed a conmunication dated December 20, 1968, from Vice Mayor Do Jack Gavin of the City of Marysville, transmitting a Resolution which requests the initiation of new legislation to revise or amend existing inequities in the Laws of the State of California per- taining to assessing and taxing of real property and requesting the City Council to take similar action° It was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried this communication be received and filed and the City Manager be authorized to connnunicate with the League of California Cities urging the League to continue to emphasize the importance of new measures of tax reform for the State of California~ COMMUNICATION FROM DIEHL, EVANS AND COMPANY RE: FIRST QUARTERLY AUDIT FOR PERIOD ENDING SEPTEMBER 30, 1968: The City Manager presented a communication dated December 23, 1968, from Do E. Callahen on behalf of the City Auditors, Diehl, Evans and Company, indicating that the first quarterly audit for the period end- ing September30, 1968 has been completed and that no points of signiflcancewere noted for reporting to the Council at this time~ It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried, this communication be received and filed° City Council Minutes January 13, 1969 COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES, ORANGE COUNTY DIVISION RE: COMMITTEE REPORT ON DISSOLUTION OF ORANGE COIFNTY HARBOR DISTRICT: The City Manager presented a commUnication dated December 26, 1968 from Mro Dean E. Shuli, Jr, President of the League of Orange County Cities, transmitting a report from the League Committee on the Harbor District Dissolution Study recommending the City Council's endorsement and adoption of Resolutions enclosed with the report. The report recommends a plan of implementation for the dissolution of the Orange County Harbor District providing that the service now performed by the HarbOr District will he assumed by the appropriate County Departments. Councilman Kanode informed the Council that the Orange County Division of the League of Cities has proposed a meeting of the members of City Councils in Orange County who are not familiar with the Harbor District at which all problems of the District will be discussed° It was moved by Councilman Kanode and seconded by Councilman Kanel to adopt the following Resolution, title as follows: RESOLUTION NOo 937 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS POSITION ON THE ORANGE COUNTY HARBOR DISTRICT AND APPROVING THE PROGRAM OF THE ORANGE COUNTY LEAGUE OF CITIES TO INITIATE DISSOLU- TION PROCEEDINGS° Councilman Noe stated that the City Attorney had advised him that his being a member of the Local Agency Formation Commission would not preclude him from vot- ing on this matter~ In response to a question from Councilman Kanel, the City Manager indicated =ha~ the dissolution of the Harbor District would require majority voter approval at an election which would be held throughout the District. Councilman Kanode's motion to adopt the above Resolution was then unanimously carried by the following roll call vote: AYES~ 4 COUNCILMEN: Kanode, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey COMMUNICATION EROM CALIFORNIA STATE CONTROLLER. RE: MOTOR VEHICLE ~ICENSE REA~P0~- TIONMENT: The City Manager reviewed a communication dated December 27, 1968 from Houston Io Flournoy, State Controller, transmitting a copy of the Motor Vehicle License Re-apportionment to Cities~ The City of Cypress' apportionment for =he period of 3une 1, 1968 through November 30, 1968, based on a population of 24,100, is in the amount of $13,765o79o It was moved by Councilman Noe, and seconded by Councilman Kanode, this tion be received and filed° In answer to an inquiry from Councilman Kanode, the City Manager advised that this apportionment is consistent with the Budget projections, following which Councilmen Noe's motion was unanimously carried. COMMUNICATION FROM CITY OF LONG BEACH RE: AIR TRAFFIC STUDY BY SOUTHERN CALIFOR- NIA ASSOCIATION OF GOVERNMENTS: The City Manager presented a conmunication ~[ed January 2, 1969 from Mro Robert C. Creighton, Assistant City Manager of =he City of Long Beach, transmitting a copy of a Resolution of the City Council of Long Beach urging the Los Angeles County Board of Supervisors to request the Southern California Association of Governments to include in its proposed air traffic study a feasibility report of an offshore airport° In response to an inquiry from Councilman Kanode, the City Manager indicated ~ha~ one of the proposed locations for the offshore airport would be off the coast of San Pedro Bay; however, the resolution indicated no other alternatives. City Council Minutes Janu. ary.13, 1969. It was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to endorse the suggestion contained in the Resolution of the City of Long Beach and to request the City Manager to transmit a letter indicating support to the Los Angeles County Board of Supervisors. COMMUNICATION FROM CALIFORNIA HIGHWAY COMMISSION RE: PROCEDURES RElaTIVE TO ADOPTION OF FREEWAY LOCATIONS: The City Manager presented a communication dated January 6, 1969 from Robert To Martin, Assistant Secretary of the Califor- nia Highway Commission, transmitting a copy of the Resolution of the Highway Commission which re-states the Commission's procedure relative to the adoption of freeway locations° It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried, this communication be received and filed° COMMUNICATION FROM CYPRESS CHAMBER OF COERCE RE: "RECOGNITION WEEK": The City Manager reviewed a communication dated 3anuary 9, 1969from Co W0 Shepherd, Manager of the Cypress Chanter of Connnerce, requesting the Mayor and City Council to proclaim the week of 3anuary 27th through January 31st as "Recognition Week to Outstanding Citizens, Organizations and Businesses who contributed to the Community of Cypress during'the year, 1968"~ The communication further indicated that the Chamber plans to highlight "Recognition Week" with a recognition dinner to be held on January 28, 1969 at the Los A~amitos Country Club. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to authorize the Mayor to proclaim the week of January 27th through January 31st as "Recognition Week to Outstanding Citizens, Organizations and Businesses who contributed to the CohEnunity of Cypress during the year, 1968", following which Mayor Bowen did so proclaim° COMMUNICATION FROM MR~ CLINTON Bo CARY RE: CONDITIONAL. USE PE.I~MIT NOo C-217: The City Manager presented a communication dated January 2, 1969 from Clinton Bo Cary, a resident of 4175 Larwin Avenue, expressing concern in reference to the action taken by the City Council at its adjourned regular meeting of December 30, 1968, in the approval of Conditional Use Permit Noo C-217, which was a permit requested by Valiant Investment Company for the construction of a residential planned development in the P-D Zone at the southeast corner of Bloomfield Street and Ball Road~ The request in the communication is for re-scheduling of the Public Hearing on this matter to consider the objections of Mr. Cary and his neighbors in reference to the proposed alleyway, which is proposed to be used as ingress and egress to the new development° The City Manager advised that this communication was not received in time to be consi doted as a part of the Public Hearing on the Conditional Use Permit and that a re-scheduling of the Public Hearing as requested would not be permlssable under the laws governing the conduct of Public Hearings for Conditional Use Per- mits~ He further advised that the Council had approved the Tentative Tract Map for the proposed development and that there may be some legal question as to whether or not any major alterations may be made prior to consideration of the final map; however, the Tentative Tract Map, as approved, is consistent with the map originally filed on the total property° Since the Council has already approved the Conditional Use Permit and Tract Map, the City Council is limited in revising the plans as approvedo In response to questions from the City Council, the City Manager indicated that the subject alleyway was similar to other alleyways constructed in Tanglewood, and further,that Mro Cary had been notified of the public hearing on the Condi- tional Use Permit and that the Notice of Adjournment had been legally posted so that anyone who might have appeared for the hearing would have been legally notified of the continuation° It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to request the City Manager to notify Mr. Cary of the legal problems involved in re-scheduling the Public Hearing and in revising the Tentative Tract Map plans as approvedo 177 City Council Minutes January 13, 1969 CONTINUATION OF CONSIDERAYION OF NUISANCE CONDITIONS ON THE SOUTH SIDE OF ORANGE BETWEEN WALKER AND GRINDLAY (JETTON PROPERTY): The City Manager presented a re- port dated January 9, 1969, indi caring that the property owner of Assessor's Parcel No~ 244-301-15 located on the south side of Orange Avenue, is now satis. factorily progressing coward demolition and abatement of the nuisance condition on the sdbJect property° It was moved by Councilman Noe, seconded by CouncilmanKanode and unanimously carried to continue consideration of this matter until the meeting of January 27, 1969~ RECESS: The Mayo~ declared a recess at 7:57 pom. The meeting was called back to order at 8:05 p~m~, all City Councilman in attendance, with the exception of Councilman Harvey° PUBLIC HEARING RE~ ZONE CHANGE NO. Z-175 (ROTHE AND NIBLO): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance Noo 90 to change the zone of a certain parcel of land from R-1 (One-family Residential) to R-4 (High Density Multiple-family Resi- dential) on property generally located on the north side of Ball Road, approximately 630 feet easterly of Graham Street, requested by Eo 3o Rothe, st el, 13448 Valley Heart, Sherman Oaks, California, by Derek Do Niblo, 121 Via Venezia, Newport Beach, California, known as Zone Change Noo Z-175. The Mayor declared the Public Hearing open and requested the Staff to present its reports° The City Manager read into the record of the Public Hearing a report dated January 9, 1969, indicating that the affidavits of posting, publication and mailing of the Public Hearing notices on this zone change are on file in the office of the City Clerk and no communications either in favor of or in opposition to the proposed Zone Change have been received° The Planning Director reviewed the extent of the proposed Zone Change, indicating that the Planning Commission had recommended approval of the zone change to the City Council° In answer to inquiries from Mayor Bowen and Councilman Kanel, the Planning Direc- tor advised that the property is 285 feet in depth and that approximately 75 multiple family units could be developed on this parcel. The Mayor asked if anyone in the audience wished to speak in favor of the pro- posed zone change° Mro Derek Niblo, 121 Via Venezia, Newport Beach, addressed the Council, in favor of the propose zone change & indicated that preliminary calculations indicate that the property can be develope~!with between 75 and 80 units. General discussion was held relative to the compatibility of the proposed zoning with the surrounding areas, which are zoned for one-family residential uses and for construction of a high school° In answer to a question from Mayor Bowen, the Planning Director advised that in the event a Conditional Use Permit would have to be acquired for the develop- ment, the Architectural Committee of the City could exercise its controls on the architectural layout for the proposed development° During discussion of the Zoning Ordinance amendment which requires a 100-foot setback for multiple family developments from adjacent restdentially-zoned properties, the Planning Director advised that any request for variance from this setback requirement would require City Council approval. Mr~ Niblo again addressed the COUDX~I indicating that it is his desire to co- operate with the City in any way possible in the development of this property. He further requested the Council's consideration in the economics of developing this property in not imposing architectural or other requirements which would City Council Minutes January 13, 1969 be too restrictive and which would prevent the maximum utilization of the entire parcel for the apartment use° The Mayor asked if anyone in the audience wished to speak in opposition to the proposed zone change° There being no written communications and no oral protests, the Mayor declared the Public Hearing closedo It was moved by Councilman Kanode and seconded by Councilman Noe to read the following Ordinance by title onlyo The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanode, Kanel, 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 AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF ACERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO R-4 (HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL), ZONE CHANGE NOo Z-175o It was moved by CouncilmanKanode and seconded by Coumcilman Noe to approve the first reading of this Ordinance° The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: Kanel, Kanode, and Noe NOES: 1 COUNCILMEN: Bowen ABSENT: 1 COUNCILMEN: Harvey It was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to proceed to Item Noo 13 at this time° CONSIDERATION OF TENTATIVE TRACT MAP NO. 5373 {LARWIN COMUANy}.: The Planning Director reviewed a report dated December 13, 1968, outlining the action of and conditions imposed by the Cypress Planning Commission in its approval of Tenta- tive Tract Map No. 5373 bounded by Ball Road on the north, the Carbon Creek Channel on the south, Denni on the east and Bloomfield on the west, consisting of 52 lots, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Planning Director stated that this map is the location of the present Tangle- wood model site° Mayor Bowen stated that since this Tract would close out the model site, he felt that he would not be opposed to approval of the map° It was moved by Councilman Noe and seconded by Councilman Kanode to approve Tentative Tract Map Noo 5373, subject to the following conditions: 1~ Drainage shall be resolved to the satisfaction of the City Engineer. 2o Street light energy charges shall be paid° Street light layout shall be by the City of Cypress° 3~ Water system shall be circulating typed 4o Vehicular access rights shall be dedicated to the City of Cypress on Bloomfield Street° 5o Master Plan of Drainage fees shall be paid~ 6o Landscaping on median strip shall be maintained by Homeowners AssociatiQ~. 7o The blue border shall be extended to the City limits on Bloomfield Stree~ and the north right-of-way line on Larwin Avenue. 8o Notes as shown on Tentative are not correct° 9o Alley grades shall be to the satisfaction of the City Engineer~ 10o Street trees on Bloomfield Street shall be in accordance with the City'e street tree policy° City Council Minutes January 13, 1969 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kenode, Kanel, Nee and Bowen NOES: 0 COUNCILMEN: None ABSENT~ 1 COUNCILMEN: Harvey CONSIDERATION OF TENTATIVE TRACT MAP NOo 6823 (LARWIN COMPANY: The Planning Director reviewed a report dated January 7, 1969, reviewing the action of and conditions imposed by the Cypress Planning Commission in its approval of Tenta- tive Tract Map Nee 6823 located on the south side of Orangewood Avenue approx- imately 300 feet easterly of Valley View Street, consisting of 233 R-1 lots, 40°03 acres, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California° General discussion ensued regarding the improvement of Orangewood Avenue from the end of the tract boundary westerly to Valley View Street~ The City Manager indicated the importance of improving Orangewood Avenue to Valley View due to the current condition of the street and suggested that the developer and City cooperate in the subject improvement° Mro Arthur Resenthal, representing Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, addressed the Council indicating that he has consis- tently opposed installing off-site improvements that are to the benefit of othe~ properties and which do not directly benefit the subdivider. Hefurther stated that if Lax-win. Company is required to install offsite improvements, it would be proper to have a reimbursement agreement rather than requiring Larwin Company to absorb the entire cost° Under a reimbursement agreement, Lax"win Company would be paid in part by the developer of the adjoining property° Following a review of the condition as imposed by the Planning CoE~nission, the City Council indicated a desire for Larwin Company to provide the complete improvements on Orangewood Avenue within the existing right-of-way, with the City to participate to the extent of acquiring the additional rights of way re- quired and installing pavement in the area outside of the existing right-of-way, Discussion was held relative to Condition Nee 10 and it was suggested that it should be reworded to read as follows: "10o The developer will be responsible for the cost of the improvement of Orangewood Avenue, subject to the approval of the City Manager and Public Works Director, with the understanding that the improvements shall include the improvement of Orangewood within the twenty feet (20') of existing right-of-way to present City standards with a twelve foot (12') lane graded north of centerline with sufficient additional grading to provide drainage and slope°" It was moved by Councilman Nee and seconded by Councilman Kanel to approve Tenta~ tire Tract Map Nee 6823, subject to the following conditions, with Condition 10 to be reworded as indicated above° 1~ Onyx Street to "J" Street to be 60' of right-of-way. Onyx Street to have 34' of pavement north of "J" Streeto 2D A grapestake fence shall be constructed along the easterly side of Onyx Street. 3~ Drainage shall be to the satisfaction of the City Engineer. 4o Pedestrian and vehicular access rights shall bededicated to the City of Cypress on Orangewood Avenue~ 5~ All street light energizing charges shall be paid. Street light layout shall be by City of Cypress~ 6~ Master Plan of Drainage fees shall be paid. 7, A 6' high ornamental concrete block wall shall ~e constructed along the northerly right-of-way line of the Tract, excepting Lot "~'. This wall shall also be constructed along the side property lines of those lots abutting the park site, excepting those areas described for pedestrian access through the park° 8~ Minimum street grades shall be 0o20%, if possible° Grading plans to be approved by City Engineer prior to approval of street grades. City Council Minutes january 13, ~69 9o All lots shall drain to the front with a minimum of 1% grade. 10o The developer will be responsible for the cost of the improvement of Orangewood Avenue, subject to the approval of the City Manager and Public Works Director, with the understanding that the improvements shall include the improvement of Orangewood Avenue within the 20 feet of existing right-of-way to present City standards with a 12-foot lane graded north of centerline with sufficient additional grading to provide drainage and slope° llu Lot 105 shall have the driveway placed on the north side of the lot. Lot 169 shall have the driveway placed on the east side of the lot. 12o All 47' streets shall h~ve 36' of paving curb to curb° All 51' streets shall have 40' of paving curb to curb. 13o Water system shall be a circulating type~ 14. Sidewalks adjacent to curbs shall be 5o5' in width, with 3' parkway and public utility easements o 15o Blue border shall be to the centerline of Orangewood Avenue. 16o A soils report shall be provided by a qualified soils engineer° Street sections to be determined by using T.I. of 4 on 47' streets and 5 on 51' streets° 17o Optional design fees to be determined prior to approval of final map by City Council~ Developer shall make sufficient guarantees for the acquiS~ tion of the park site by the City at the time of the payment of fees first final map° 18~ Cul-de-sacs shall have a 43½' radius. 19~ Street trees shall be provided in accordance with the street tree policy~ 20° A Division of Land Map shall be filed prior to the approval of the final map° 21o Typical sections as shown hereon are not approvedo 22o Access to the Eastgate Channel shall be fenced off, subject to the approval of the City Engineer. 23~ Walkway easement from "B" Street to the park site between Lots 219 and 220 shall be providedo Size of the walkway easement shall be determine~ by the Planning Director~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanode, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF FINAL ~ FOR TRACT NOo 6775 (LARWIN COMPANY): The Public Works Director presented the Final Map for Tract Noo 6775, located on the west side of Valley View south of Orangewood Avenue, consisting of 14o611 acres and 92 lots, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, He also presented a report dated January 9, 1969 indicating that the tract map has been checked and conforms to the Tentative Map; however, minor corrections remain to be completed° He also reviewed several items which should be complete~ prior to recordation of the Final Map° It was moved by Councilman Noe and seconded by Councilman Kenode to approve Final Tract Map No~ 6775 and accept the bonds and agreements in the amount of $343,300.00, subject to completion of the following requirements: 1~ Art achment to Subdivision Improvement Agreement for alternate storm drain to be submitted to ~he City, subject to approval of City Attorney. 2o Receipt of notification from the City of Garden Grove that deed has been accepted for extension of Blackmer Street across area where boundary conflict exists° 3. Title sheet to show all holders of rights of entry and wording of para- graph showing these names subject to approval of City Attorney° 4~ Complete all corrections on tract map and improvement plans~ 5o Bonds and agreements subject to approval of City Attorney° 6o Fees to be paid° 7o Developer to agree to above conditions. 181 City Council Minutes January. 13, 1969 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanode, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey It was moved by Councilman Noe and seconded by CouncilmanKanode to waive endorsement on the title sheet by holders of rights of entry. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kenode, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey RECESS: The Mayor declared a recess at 9:17 p.m. The meeting was called back to order at 9:32 p~m., all City Councilmen being present with the exception of Councilman Harvjy, CONSIDERATION OF REPORT ON CYPRESS COUNTY WATER DISTRICT: The City Manager pre- sented a report dated January 9, 1969, analyzing the Cypress County Water District as a special district providing sewer service to a portion of the City. The repor~ reviewed the history of the Cypress County Water District and the problems of double taxation; duplication of services and fees; the lack of.over-all planning and coordination and the need for centralization of services, which result from both the City and the Cypress County Water District acting as agencies for the sal~e service. The report also presented two basic alternatives in providing sewer service throughout the City on an equal basis; these being annexation to the Cy- press County Water District of those portions of the City which are now outside of the District's boundaries, or the withdrawal, either by detachment or dissolu- tion of the portion of the City within the Cypress County Water District from that District and reviewed procedures for these two methods of withdrawal. The report generally concluded that the City of Cypress should pursue chose proceedings required for dissolution of the Cypress County Water District since this would allow the City of Cypress to continue to provide sewer service to all areas of the Cypress County Water District th~reb~ maintaining a central agency for sewer maintenance responsibility with financing arrangements with the County Board of Supervisors through joint powers agreements or in the creation of a County ser- vice area° Further, since the City would provide the same level of sewer main- tenance on a cost basis, all taxpayers of the District would witness a substantial savings since the duplication of service costs would be eliminated. In response to a question from Councilman Kanode, the City Manager estimated a Budget requirement of $12,000 for maintenanceof the sewerlines if the District were to be dissolved since many of the other functions, such as enginesTing plan check and inspection could be provided by the City with existing personnel. General discussion ensued relative to the scheduling of dissolution proceedings, which include an election in the entire District, with Councilman Kanel stating thathe felt the City Council should meet Jointly with the Cypress County Water District Board of Directors and review the report and alternatives prior to initiating any action. In answer to an inquiry from Councilman Kanel, the City Manager indicated that the only urgency involved is the requirement that the matter be resolved Rriar to December 31st of any given year to remove the tax rate for the following fiscal year. From a brief review of the time period for dissolution proceedings, it appears that the entire matter could not be resolved in less than ten months. Councilman Noe stated that as one of the original Directors of the Cypress County Water District, he does have a certain sentimentality for the District and he realizes that the conditions of double taxation and d~plication of services were not caused by the District; however, the problem of double taxation does exist and the most logical solution to this problem would be to have the City assume responsibility for sewer services. City Council Minutes January 13, 1969 Councilman Kanode stated that he is opposed to double taxation and would be in favor of dissolving the Water District. Councilman Kanel indicated that he felt the Council was generally in favor of dissolu- tion of =he District, but again expressed his desire to meet Jointly with the Water District Board of Directors prior to taking any formal action. Upon the request of the City Council, Mr, Art Anderson, member of the Board of Directors of the Cypress County Water District, addressed the Council, indicating that he felt the Board of Directors would appreciate meeting Jointly with the City Council to discuss the special district problem and further indicated that the Board of Directors of the Water District would conduct its next regular meeting on Wednesday, January 22, 1969. General discussion ensued among the City Council as to whether to adjourn their meeting to this same date,taking into account the possibility of meeting Jointly with the Board of Directors, following which it was moved by Councilmen Noe, seconded by Councilmen Kanode and unanimously carried to continue consideration of the report on the Cypress County Water District until the adjourned regular meeting of January 22, 1969. CONSIDERATION OF APPROVAL!OF PLANS AND SPECIFICATIONS AND A.UrHORIZATION TO ADVER- TISE FOR BIDS FOR 1969 WEED AND RUBBISH ABATEMENT PROGRAM: The City Manager pre- sented a reporz dated January 8, 1969, reviewing the schedule and procedure for the 1969 Weed Abatement Program and advising of the necessity to approve the plans and specifications for this Program and to authorize the City Clerk to advertise for bids, with bids to be received by 10:00 a.m. on February 10, 1969, The report further indicated that under new legislation enacted in 1968, the City is authorized to declare as public nuisances seasonal and recurrent weeds such as tumbleweeds and other growth in the fall of the year, which would allow the City to initiate abatement proceedings by mailing a post card notice to the owners of property on which this nuisance exists. It was moved by Councilman Noeand seconded by Councilman Kenode to approve the weed and rubbish specifications and authorize the City Clerk to advertise for bids to be received by 10:00 a.m. on February 10, 1969. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanode, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey In response to a question from Councilman Kenode, the Public Works Director indicated that the City has notified all property owners on whose properties tumbleweeds are located requesting that these weeds be removed and advising that, if they are not removed within a specified amount of time, the City Council will consider the initiation of abatement proceedings on these parcels, CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS ON NORTH SIDE OF BALL ROAD EAST OF JUANITA STREET (VAN DEN RAADT): The City Manager reviewed a report dated January 9, 1969 from the Public Works Director indicating that the public improvements on the north side of Ball Road, 300 feet east of Juanira Street, required in connection with Conditional Use Permit No. C-188 granted to Mro and Mrs° John Van den Raadt, have been satisfactorily completedin accordance with plans and specifications. It was moved by Councilman Noe and seconded by Councilman Kanel to accept the improvements on the north side of Ball Road, east of Juanira Street,required by Conditional Use Permit C-188 as being satisfactorily completed in accordance with plans and specifications and authorize the City Clerk to release the Faith- ful Performance and Labor and Materials bonds at the expiration of the required lien period, providing that no mechantc's liens have been filed. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanode, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey 183 City Council Minutes January 13, 1969 CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT 6214 · {LARWIN COMPANY): The City Manager presented .a report dated January 9, 1969 from the Public Works Director, indicating that the public improvements in Tract No. 6214, located at the northwest comer of Denni and Bloomfield, have been satisfac- torily completed in accordance with plans and specifications, with the exception of some minor repairs which have to be completed and dead street trees which have to be replaced. It was moved by Councilman Noeand seconded by Councilman Kanode to accept the public improvements in Tract Noo 6214 as being satisfactorily completed in accor- dance with the plans and specifications and to authorize the City Clerk to re- lease the Monun~ntation, Labor and Materials and Faithful Performance bonds at the expiration of the required lien periods provided thatno mechanic's liens have been filed and provided that minor corrections have been completed and that dead street trees have been replaced. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Kanel, Noe and Bowen None Harvey CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT 6213 (LARWIN COMPANY): The City Manager presented a report dated January 9, 1969 from the Public Works Director, indicating that the public improvements in Tract No. 6213, located south of Orange Avenue between Bloomfield and Denni, have been satisfactorily completed in accordance with the plans and specifications, with the exception of completion of minor corrections and the replacement of dead street trees. It was moved by Councilman Noe and seconded by Councilman Kanel to accept the public improvements in Tract No. 6213 as being satis factorily completed in accordance with the plans and specifications and to authorize the City Clerk to release the Monumentation, Labor and Materials and Faithful Performance bonds upon expiration of the required lien periods,provided no mechantc's liens have been filed and provided that minor corrections have been completed and that dead street trees have been replaced. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kenode, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT 5957 (Jo Wo KLUG COMPANY): The City Manager presented a report dated January 9, 1969 from the Public Works Director, indicating that public improvements in Tract No. 5957, located 200 feet south of Orange between Tract 6307 and Tract 5223, have been satisfactorily completed in accordance with plans and specifications, includ- ing completion of minor repairs to defective concrete and asphaltic pavement. It was moved by Councilman Noeand seconded by Councilman Kenode to accept the public improvements in Tract No. 5957 as being satisfactorily completed in accordance with the plans and specifications and to authorize the City Clerk to release the Monumentation, Labor and Materials and Faithful Perfot~nance bonds at the expiration of the required lien periods, provided that no mechenic's liens have been filed. The motion was unanimously carriedby the following roll call vote: AYES: 4 COUNCILMEN: Kanode, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey In response to a statement by Mayor Bowen, the Public Works Director stated that he would investigate the street sweeping services on Nestle and Noel Streets in the City of Cypress. 184 City Council Minutes January. 13, 1969 CONSIDERKTION OF REQUEST TQ ACCEPT WALKWAY AT MARCELLA AND WALKER: The City Manager presented a report dated January 9, 1969, reviewing a request from a property owner at the end of the Marcella Avenue cul-de-sac adjacent to Walker Street that the City accept a walkway easement from the sidewalk at the end of thecul-de-sac tothe sidewalk on Walker Street~ The property owners are concerned over the use of this area as a walkway and the additional liabilities which are incurred due to this use and therefore, are requesting the construction of a sidewalk area in a public easement° The recomm~ended width of the proposed easement is six feet, which would be for the sidewalk only; the adjacent landscaping would remain the responsibility of the adjacent property ownerso Construction of this sidewalk would be approximately $50.00 with an additional amount of $50.00 required for preparation of the legal description and obtaining the necessary title reports to prepare the easements. It was moved by CouncilmanNoe and seconded by Councilman Kanode to authorize the Staff to proceed to prepare the necessary easement deeds to be executed by the property owners on Marcella Avenue adjacent to Walker Street for construction of a six-foot wide sidewalk area and to further authorize !the Staff, upon recordation of these easements, to proceed with the construction of the sidewalk. The metion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kenode, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF REQUEST TO ATTEND SEMINAR: The City Manager presented a report dated January 9, 1969, reviewing a request from the Planning Commission to consi- der an authorization for Planning Commissioner Vickie Evans to attend a seminar on Boards and Commlissions and their role as decision makers, which is being held at the University of California at Irvine. The enrollment fee for this seminar is $15o00 and an additional expenditure would be required for transportation costso There are sufficient funds within the Planning Commission budget for this purpose and no additional appropriation will be required. It was moved by Councilman Kanel and seconded by Councilman Noe to authorize Planning Commissioner Vickie Evans to attend the seminar on Boards and Comissions at the University of California at Irvine, and that she be reimbursed for her actual and necessary expenses° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Kanel, Noe and Bowen None Harvey CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 20432 THROUGH 20550: It was moved by CouncilmanKanode and seconded by Councilman Noe to approve the Commercial Warrant List for Warrants No. 20432 through 20550 in the amount of $146,079o54o The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanode, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey ~[R~IFICATION OF EMPLOYMENT LIST--CROSSING GUARD: The City Manager presenteda report dated January 8, 1969, reviewing the results of an open competitive exami- nation which was conducted for the position of Crossing Guard. It was moved by Councilman Kenode, seconded by Councilman Noe and unanimously carried to certify the employment list for crossing guard as submitted. 185 City Council Minutes January !3~ 1969 SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-174: 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: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanode, Kanel, Noe and Bowen None Harvey Title of the Ordinance is as follows: ORDINANCE NO. 404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFCYPRESS AMENDING ORDINANCE NOo 90, THE ZONING ORDINANCE, BY CHANG- ING THE ZONE OF A CERTAIN PARCEL OF LAND FROM C-2 (GENERAL COMMERCIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-174o It was moved by Councilman Kanodeand seconded by Councilman Noe to adopt the second reading of this Ordinance° The motion was carried by the following roll call vote: AYES~ 3 COUNCILMEN: Kanel, Kanode and Noe NOES: 1 COUNCILMEN: Bowen ABSENT: 1 COUNCILMEN: Harvey SECOND READING ORDINANCE AMENDING ZONING ORDINANCE NO~ 90 RE: REPAIR, MAINTENANCE AND REHABILITATION OF NONeCONFORMING BUILDINGS: 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. 405 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NOo 90 BY ADDING SECTION 122o13, "REPAIR, MAINTENANCE AND REHABILITATION PERMITTED", IN REGARD TO NON-CONFORMING BUILDINGS. It was moved by Councilman Kanode and seconded by Councilman Kanel 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 SECOND READING ORDINANCE AMENDING ZONING ORDINANCE NO. 90 RE: STREET DEDICATION AND IMPROVEMENTS: It was moved by Councilman Kanel 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: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, Kanode, Noe and Bowen None Harvey Title of the Ordinance is as follows: 185 City Council Minutes January 13, 1969 ORDINANCE NO, 406 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO, 90, SECTION 126o 4 OF PART 26 TO CLARIFY AND STRENGTHEN THE REQUIRE- MENT OF DEDICATION AND STREET IMPROVEMENT CONSTRUCTION AS A CONDITION OF 'I~tE ISSUANCE OF A BUILDING PERMIT, It was moved by Councilman Kanel 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: Kanode, Kanel, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF ZONING AT SOUT.hTw'EST CORNER OF KNOTT AND CERRITOS: It was moved by CounCilman Kanode, seconded by Councilman Noe and unanimously carried to continue this item until the regular meeting of January 27, 1969o ORAL ~COMMUNICATIONS.: There were no oral comlnunications presented at this time. Upon the request of the City Manager, it was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to place the Traffic Safety Proposal on the agenda for consideration at this time. The City Manager requested the City Council to authorize the filing of a Traffic Safety Proposal with the State of California Transportation and Safety Coordinator for the completion of a Master Traffic Safety Plan from funds made available under the Federal Government Traffic Safety Program° The City Manager indicated that the proposal is similar to the one which was submitted by the City during the last fiscal year° Following discussion, it was moved by Councilman Noe and seconded by Councilman Kanode to authorize the Staff to file the proposal as outlined by the City Manager for a Master Plan of Traffic Safety with the State of California Trans- portation and Safety Coordinator° 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 ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to adjourn this meeting at 10:43 p,mo until Wednesday, January 22, 1969 at 7:00 pomo in the City Council Charaberso MA¥O~ OP T~ CITY 0~ CYPRESS ATTEST~ CITY CLERK OF THE CITY OF CYPRESS