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Minutes 69-01-27MINUTES OF THE REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD january 27, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 pomo on Monday, January 27, 1969 in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard LI BoWen presiding° PRESENT: ABSENT~ Councilmen Harvey, Kanel, Kanode, Nee and Bowen None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Eo Crickson, Administrative Assistants Gene Poertner and Douglas Dunlap, Public Works Director Arthur Schatzeder, and Planning Director George Putnam° MINUTES: It was moved by Councilman Kanode, seconded by Councilman Nee and unanimously carried tD approve the Minutes of the regulaI City Council meeting of January 13, 1969 as mailed° Upon the request of the City Manager, it was moved by Councilman Kenode, seconded by Councilman Nee and unanimously carried to place consideration of a request for Authorization to Obtain Value Appraisals for Rights of Way required for Storm Sewer Project WS-6-05-0302 on the agendaas Item No~ 20° The City M~ager ~eviewed discussions which he had held with Mro Richard King, Real Estate Officer el the U~ S~ Post Office Department, relative to the Council's objection to the location of the Cypress Post Office facility on Lincoln Avenue in an unlncorporated area of the County which is ultimately proposed for commer- cial development~ These discussions included the possibility of annexing this property to the City o~ Cypress prior to construction of the Post Office facility~ It was moved by Councilman Nee, seconded by Councilman Kanel and unanimously carried to place this matter on the agenda for consideration at this time° In response to inquiries from the members of the City Council, Mr~ Harry McGannon, Cypress PostmasTer, addressed the Council explaining the terms of the tentative lease which the Post Office has with the owner of the property. He further reviewed various factors which are considered in selecting an adequate site for a Post Office facility, such as adequate parking provisions, early-mozning working hours for post office employees and provision of adequate lighting around the Post Office facility° In answer to a question from Mayor Bowen, Mro Ao Eo Arnold, 5541 Bishop Street, Cypress, addressed the Council as owner of the property proposed for location of the Post Office facility stating tha~ he has agreed to annex this property to the City upon completion of the Post Office facility° Mr~ Arnold f~rther indi- cated that he would have no objection to annexation of this property upon approval of the Post elfice lease, Mro McGannon advised the City Council [hat the Post Office facility would be subject to property taxation° In answer to an inquiry from Mayor Bowen, Mro Arnold indicated that he would have no objection if the City proceeded with an annexation of this property at this time and that he would assist in seeking the approval of the adjacent property owners sf County unincorporated area for this annexation proposal° Mro Arnold stated, however, that he would not be in favor of the annexation if the Federal Government does not proceed with ~he Post Office lease, General discussion was held relative to whether the City should initiate annexation proceedings only on Mr. Arnold~s property or whether the adjacent unincorporated parcel~ should also be included in the annexation proposal, with the general consensus being that the annexation proposal should include all of the unincorporated area adjoining Mr. Arnold's parcel. 191 City Council Minutes January 27, 1969 Following general discussion as to the reasons for the Post Office Department's request for City Council concurrence in the location of the Cypress Post Office facility, it was moved by Councilman Kanel to authorize the Staff to file an annexation proposal with the Local Agency Formation Commission for that portion of County unincorporated area located on the south side of Lincoln Avenue between Valley View and Walker° Councilman Kanode seconded the motion adding the request that the Post Office Department be so advised of this action° Councilman Kanel agreed to this amendment, following which the motion and amendment were unani- mously 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 Kanode and seconded by Councilman Noe to rescind their previous action opposing the location of the Post Office on Lincoln Avenue and to instruct the City Manager to notify the Post Office Department that the City Council concurs in the location of the Cypress Post Office facility on Lincoln Avenue subject to this area being annexed into the City of Cypress° Councilman Harvey indicated his reluctance to allow the location of a Post Office facility on prime commercial land and stated that for this reason, he would be opposed to the above motion° Mayor Bowen indicated that although this property is zoned for commercial use, there is no guaranty as to how much sales tax the City could realize from development of this property. Councilman Kanode indicated that he also is concerned with the Post Office facility being located in a prime con~nercial area of the City; however, in view of the negotiations which have been undertaken by the Post Office Department in its attempts to acquire an adequate Post Office facility location and further since the City Council's concurrence in this site was requested only as a courtesy, he would be inclined to concur in this location for the Post Office. Councilman Kanode's motion was then carried by the following roll call vote; AYES: 4 COUNCILMEN: Kanode, Kanel, Noe and Bowen NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None RECESS: It was moved by Councilman Noe, seconded by CouncilmanKanode and unanimously carried to recess at 4:45 pomo to the Employee's Lounge in the Civic Center for conduct of the joint meeting with the Planning Commission. Chairman of the Planning Commission Wayne Worley called the adj ourned regular meeting of the Planning Commission to order at 4:47 pomo, with the following in attendance: PRESENT: ABSENT: Commissioners Borders, Cardoza, Evans and Worley, Commissioner Davis° Chairman Worley then declared the Planning Commission meeting adjourned at 4:48 p°mo to the City Employees' Lounge for conduct of the Joint meeting with the City Council° The joint meeting of the City Council and Planning Commission was reconvened at 5:05 pomo in the City Employees' Lounge, 5275 Orange Avenue, Cypress, California, Mayor Richard LBowen presiding. PRESENT: ABSENT: Councilmen Harvey, Kanel, Kanode, Noe and Bowen Commissioners Borders, Cardoza, Evans and Worley Commissioner Davis Also present were City Manager/City Clerk Dartell Essex, City Attorney James Eo Erickson, Administrative Assistants Gone Poertner and Douglas Dunlap, Planning Director George Putnam, and Public Works Director Arthur Schatzeder~ City Council Minutes January 27, 1969 It was moved by ConmLtssioner Borders, seconded by Commissioner Cardoze and unanimously carried to defer to Councilmenlo procedures° General discussion ensued in reference to the services provided by the Cypress Park and Recreation District and a request was made by the Planning Commission members to up-date the Master Plan in reference to park and recreation activities. The City Manager summarized the activities of the City in reference to the Recreation Element of the Master Plan and the steps that had been taken to implement the recommendations of the Citizens Committee report on park and recreation services which was presented to the City Council in1965o The City Manager also advised that the staff was in the process of completing a study of the Park and Recreation District as a part of the over-all analysis of special districts within the community° It was further reported that a similar study of park and recreation services was now underway in the City of La Palma. Following discussion, it was generally agreed that the members of the Planning Co~ission would be provided a copy of the Staff Report regarding the Cypress Park and Recreation District upon completion° General discussion also was held regarding the need to impose architectural controls for all zones in the community. This suggestion by the Planning Com- mission was the result of the study requested by the City Council in regulating the multiple family type developments in the City. During this discussion, it was suggested that any controls of this type that were imposed should be realistic° The City Council encouraged the members of the Planning Commission to proceed with their investigation of controls of multiple family developments and re- quested the staff to cooperate in these studies~ RECESS: It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to recess at 5:55 pomo until 7:30 p.m. that evening° ADJOURNMENT: There being no further business to come before the Planning Commission, it was moved by Commissioner Borders, seconded by Commissioner Cardoze and unanimously carried to adjourn the meeting at 5:55 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p~mo, with the following in attendance: PRESENT: ABSENT: Councilmen Harvey, Kanel, Kenode, Noe and Bowen None Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, Administrative Assistants Gene Poertner and Douglas Dunlap, Police Chief George Savord, Public Works Director Arthur Schatzeder, Planning Director George Putnam, and Building Superintendent Tom Nudson. ORAL COMMUNICATIONS: There were no oral communications presented at this time, RECOGNITION OF CITY EMPLOYEES: The City Manager advised that the City Council recently established a program of service pin awards in recognition of the continued service of the City employees. These pins are replicas of the City Seal, reproduced in silver for five years service and in gold for ten years. 193 City Council Minutes January 27, 1969 Mayor Bowen. then presented five-year service pins to the following City employees: Don Amberg, Mary Brooks, Kathy Davie, Darrell Essex, Carol Flynn, Clyde Guard, Walt Hampton, Betty Harris, Robert Headrick, June Lambert, Warren Messing, Robert Odematt, Jerry Shumard, Ivan Smith and Jack Straskeo In recognition of their ten years of service with the City, Police Sergeant Warren Douglas and Juvenile Detective Laszlo Marmot were presented with ten-year service pins by Mayor Bowen. Mayor Bowen then expressed the Council's appreciation to the City employees for their continued service with the City. RECESS: The Mayor declared a recess at 7:45 pomo The meeting was called back to order at 7~47 pom,, all City Councilmen being present. Since Item No. 2 was a Public Hearing scheduled for 8:00 p.mo, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to proceed to Item Noo 3 and continue until 8:00 pomo COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF OFF-SALE GENERAL LICENSE (TANGLEWOOD LIQUORS): The City Manager reviewed notification from the Department of Alcoholic Beverage Control of an application for transfer of an Off-Sale General License from Edith Graham and Theodore Eo Danielson to Ron E~ Presta for Tanglewood Liquors located approximately 225 feet east of Bloomfield and approximately 225 feet north of Ball Road° An investiga- tion of the applicant has been conducted by the Police Department and revealed no cause to protest the application. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried this notice be received and filed° COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MiNUTES OF THE BOARD OF TRUSTEES MEETINg:The City Manager reviewed a communication dated December 27, 1968 from Mr~ Jack Ho Kimball, District Manager of the Orange Coonty Mosquito Abatement District, transmitting a copy of the Minutes of the Meeting of the Board of Trustees Meeting held on December 19, 1968o A copy of these Minutes is on file in the office of the City Clerk° It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried this communication be received and filed. COMMUNICATION FROM BUILDING INDUSTRY ASSeCIATION OF CALIFORNIA RE: COMPETITIVE BIDDING ON PUBLIC CONTRACTS: The City Manager presented a communication dated January 10, 1969 from Mro Douglas Ho Mainers, Executive Vice President of the Building Industry Association of California, transmitting a copy of a Resolution recom~nending that the State Legislature require all local public bodies to award construction projects only after competitive bidding. The City Manager indicated that the City Council has consistently adhered to the policy of open competitive bidding and awarding of contracts to the lowest responsible bidder. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried this communication be received and filed° REPORTS OF CONTRACT AUDITOR FOR ORANGE COUNTY GRAND JURY AND FROM !HE ORANGE COUNTY GRAND JURY: The City Manager indicated that the City is in receipt of the Reports of the Contract Auditor for the Orange County Grand Jury and the Report of the Orange County Grand Jury for the year 1968o A copy of each Report is on file in the office of the City Clerk. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, these Reports be received and filed. 194 City Council Minutes January 27, 1969 CONTINUATION OF CONSIDERATION OF NUISANCE CONDITI~I~S ON THE SOUTH SIDE OF ORANGE BETWEEN WALKER AND GRINDLAY (3ETTON PROPERTY): The City Manager indicated that the property owner of Assessor's Parcel Noo 244-301-15 which is located on the south side of Orange Avenue between Walker and Grindlay is continuing with the cleaning operations on his property and is making satisfactory progress. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to continue this item for an indefinite period of time. CONSIDERATION OF ZONING AT THE SO}3THWEST CORNER OF KNOTT AND CERRITOS: The City Manager presented a report dated December 17, 1968 which had been continued by the City Council presenting the results of a study of the zoning at the southwest comer of Knott and Cerritos which had been conducted by the Staff at the request of the City Ccuncill This study indicated that since the northwest and northeast comers of the intersection of Knott and Cerritos which are in adjacent communities are zoned for C-I uses, it would appear appropriate to consider rezoning the south- west corner from C-1 to C-0 (Conmercial Office) use. Councilmen Harvey and Kenode indicated that since a change in zone of this property could have an economic effect on the value of the parcel, the property owner should be contacted prior to any rezoning action being taken° Following further discussion relative to the best zoning for this parcel, it was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to refer this matter back to the Planning Commission for further study with a report to be referred back to the City Council and to further request the Staff to contact the property owner in reference to this zoning study~ CONSIDERATION OF TENTATIVE TRACT MAP NO. 6839 (LARWIN COMPANY): The City Manager indicated that he had received a message from Mrs~ Keith French indicating that the Larwin Company had requested the withdrawal of Tentative Tract Map Noo 6839 located on the south side of Orange Avenue approximately 660 feet easterly of Graham Street, south of the extension of Peach Street, consisting of 25 R-1 lots and five acres° The City Attorney advised that the Council could not continue consideration of the Tentative Tract Map without consent of the applicant, who was not represented at the meeting~ Following discussion, it was moved by Councilman Harvey and seconded by Council- man Noe to deny Tentative Tract Map Noo 6839 based on the request for withdrawal of the map received from Mrs° Keith French and due to the fact that the applicant is not represented to approve continuance of this matter. The motion was unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Kanel, Noe and Bowen None None PUBLIC HEARING RE: ZONE CHANGE NOo Z-176 (PLANNING COMMISSION): 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 generally located on the south side of Orange Avenue, approximately 600 feet easterly of Valley View Street from R-1 (One-Family Residential) to R-3 (Multiple-Family Residential), known as Zone Change No~ Z-176. The Mayor declared the Public Hearing open and requested the Staff to present its reportsl. The City Manager read into the record of the Public Hearing a report dated Jan- uary 23, 1969 indicating that the affidavits of posting, publication and mailing of the Public Hearing notices on this matter 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° 195 City Council Minutes January 27, 1969 The Planning Director presented a report dated December 31, 1968 reviewing the extent of the proposed zone change and indicated that the Planning Commission had reconmended approval of the zone change to the City Council. The Mayor asked if anyone in the audience wished to speak in favor of the proposed zone change° Mr~ Clarence Nishizu, 6855 Western Avenue, Buena Park, California, addressed the Council as a real estate developer representing Mr. Iwashita, who is the property owner~ Mro Nishizu indicated that he felt the property would be more appropriately developed as an R-3 use rather than an R-1 use. In response to a question from Councilman Harvey, Mro Nishizu advised that upon being requested by the City to dedicate a roadway easement, the property owners had requested his advice as to the best way to develop the remainder of their property and he had determined that the most effective use of the property would be through multiple family development. The Mayor asked if anyone in the audience wished to speak in opposition to the proposed zone change° At this time Councilman Harvey stated that he had been opposed to the zone change at the southwest comer of Orange and Valley View since he had felt that the multiple family zoning should remain in the area north of Orange Avenue and since the 100-foot setback requirement for multiple family developments adjacent to single family developments had not been finalized at that time. He also stated that although he believes a minimum of R-3 uses should be utilized on the south side of Orange Avenue, the limited depth of the property under consideration would appear to make it mere feasible for development as an R-3 development rather than single family residential. He also expressed his concern that the same arguments, such as frontage, would again be utilized to warrant a change in the zone of the property on the east side of Juantta Street to an R-3 zoneo Councilman Harvey voiced objection to the zoning of property for either resi- dential or multiple family use based solely on the current economic pressures. Mayor Bowan concurred in Councilman Harvey's statements; however, he also indicated that more controls are now able to be exercised by the City with the finaltzation of the lO0-foot setback requirement which has been imposed on multiple family developments located adjacent to residential developments° This requirement will insure that only one story structures will be permitted within 100 feet of an adjacent residence° In answer to an inquiry from Councilmen Kanel, the City Manager advised that if requested, the Staff could submit a report on the various properties in the City which at this time appear to be the most suitable for multiple family uses° There being no written communications and no oral protests, the Mayor declared the Public Hearing closed° It was moved by Councilman Noe and seconded by Councilman Kenode to read the following Ordinance by title onlyo 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 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 IRE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL); ZONE CHANGE NOo Z-176~ 196 City Council Minutes January 27, 1969 It was moved by Councilman Noe and seconded by Councilman Kanode to adopt the first reading of this Ordinance. Prior to voting on this matter, Councilman Harvey stated that his previous comments were not meant to indicate his opposition to the zone change under consideration but rather to add a precautionary attitude toward initiating zone changes for additional R-3 zoning~ Councilman Noe's motion was then 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 STREET IMPROVEMENTS ON WALKER FROM CRESCENT TO ORANGE--AoHoF~Po PROJECT 392 (SULLY MILLER): The City Manager presented a report dated January 23, 1969 from the Public Works Director advising that the improve- mants on Walker Street from Crescent to Orange were completed inaccordance with the plans and specifications for this project as of January 20, 1969. It was moved by Councilman Harvey and seconded by Councilman Noe to accept the improvements of Walker Street from Crescent to Orange, AoHoFoPo Project 392, City Project 6814-10-0392 as being completed in accordance with the plans and specifications and to authorize the City Clerk to release the Faithful Perfor- mance and Labor and Materials bonds and the Finance Department to release the final payment upon completion of the required lien periods, providing no mechanic's liens have been filed° 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 IMPROVEMENTS IN TRACT NOo 5338 (DON WILSON BUILDERS): The City Manager presented a report dated January 23, 1969 from the Public Works Director advising that the public improvements in Tract No~ 5338 located at the southwest corner of Orangewood and Knott, consisting of 89 R-1 lots and 16o606 acres have been completed in accordance with plans and specifications, with the exception of minor corrections and a small amount of additional work. In response to a question from Mayor Bowen, the Public Works Director advised that there are drainage problems in this area; however, resolution of these problems was not required in connection with the development of this Tract. These problems will not be resolved until the storm drain on Orangewood Avenue has been constructed. It was moved by Councilman Kanel and seconded by Councilman Noe to accept the public improvements in Tract Noo 5338 as being constructed in accordance with approved plans and specifications and to authorize the City Clerk to release the Faithful Performance, Labor and Materials and Monumentation bonds upon expiration of the required lien periods, subject to completion of the following work: lo Complete sidewalk on Lot Noo 90 at the southwest comer of Orangewood and Knott° 2~ Remove approximately 500 cubic yards of excess earth from Lot No. 90. 3. Repair perimeter concrete block wall around Lot No~ 90. 4~ Performance bond will not be released until above three items are completed to the satisfaction of 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 197 City Council Minutes January 27, 1969 CONSIDERATION OF REQUEST FOR AUTHORIZATION TO CONDEMN RIGHT OF WAY ON WALKER STREET FROM CERRITOS Te KATELLA: The City Manager presented a report dated January 23, 1969 reviewing negotiations which have been conducted with the owners of a parcel of property on the east side of the proposed extension of Walker Street from Cerritos to the railroad tracks~ The report reviewed the possibility of the City having to initiate condenmation proceedings on one particular parcel since negotiations for dedication of this parcel have not been successful, and requested the City Council's authorization to proceed with this conderm%ation action in the event the City is not able to obtain the right of way through negotiation~ It was moved by Councilman Noe and seconded by Councilman Harvey to adopt the following Resolution, title as follows: RESOLUTION NOo 938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN HEAL PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ASSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None CONSIDERATION OF REQUEST FOR APPROVAL OF APPLICATION TO PUBLIC UTILITIES COMMISSION RE: RAILROAD CROSSING ON WALKERsSTREET BETWEEN CERRITOS AND KATELLA: The City Manager presented a report dated January 23, 1969 requesting authoriza- tion for the Public Works Director/City Engineer to file an application with the Public Utilities Commission in connection with the opening of Walker Street from Cerritos to Katellao It was moved by Councilman Kanel and seconded by Councilman Noe to approve the filing of an application with the Public Utilities Commission to construct a public highway across a railroad, namely Walker Street across the Pacific Electric Railroad between Cerritos and Katella in the City of Cypress and to authorize the Public Works Director/City Engineer to submit the application subject to approval of the application by the City Attorney~ 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 recessat 8:46 p.m. The meeting was called back to order at 9:05 p.mo, all City Councilmen being present° CONSIDERATION OF REQUEST FOR AUTHORIZATION TO CONDUCT POSITION CLASSIFICATION AND SALARY STUDY: The City Manager presented a report dated January 23, 1969 reviewing a need to re-evaluate employee classifications and salary designations° Since such a re-evaluation would involve considerable time, the report requested the Council's consideration Of employing a consultant to perform this analysis and indicated that based upoh a review of the background and qualifications of several consulting firms who specialize in position classification and salary studies, the most appropriate consultant for the City of Cypress appeared to be Cooperative Personnel Services, which is a branch of the California State Personnel Board~ Cooperative Personnel Services has quoted a maximum figure of $2,900 for this analysis and has indicated that it may be possible to complete this study at a lower cost, but that regardless of the time required for the survey, the maximum figure of $2,900 would not be exceeded° City Council Minutes January. 27, 1969 Following general discussion regarding the methods employed by Cooperative Personnel Services in the conduct of these position classification and salary studies, it was moved by Councilman Harvey and seconded by Councilman Kanode to authorize the City Manager to employ Cooperative Personnel Services for the conduct of a Position Classification and Salary Study at a cost not to exceed $2,900~ 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 Harvey and seconded by Councilman Kanode to authorize the transfer of $2,900 from the Reserve for Capital Improvements to the Personnel Contractual Services Account° The motion was unanimously carried by the follow- ing roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None CONSIDERATION OF EXTENSION OF SUBLEASE WITH CYPRESS PARK AND RECREATION DISTRICT FOR CIVIC CENTER OFFICE SPACE: The City Manager presented a report dated January 23, 1969 advising of the need to consider an extension of the Sublease with the Cypress Park and Recreation District for Civic Center Office Space. The current Sublease which will expire on January 31, 1969 provides for the use of the office space and for all utility costs, including telephone services, at a monthly cost of $150~ The report further indicated that the City has no plans for the use of this office space at this time. In response to a question from Councilman Kanode, the City Manager explained that the Council had agreed upon the $150 per month rental fee as an amount which they considered adequate to cover the utility expenses. It was moved by Councilman Noe and seconded by Councilman Harvey to authorize the City Attorney to prepare a form for extending the Sublease with the Cypress Park and Recreation District for a one-year period at a monthly cost to the District of $150 and to authorize the Mayor to sign and the City Clerk to attest the Sub lease extension° 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 EXTENSION OF SUBLEASE WITH CYPRESS CHAMBER OF COERCE FOR CIVIC CENTER OFFICE SPACE: The City Manager presented a report dated January 23, 1969 advising of the need to consider an extension of the Sublease with the Cypress Chamber of Commerce for Civic Center Office Space. The current Sublease, which will expire on January 31, 1969, provides for the use of the office space and for all utility costs, with the exception of telephone service, at a rate of $1~00 per yeaL It was moved by Councilman Kanode and seconded by Councilman Noe to authorize the City Attorney to prepare a form for extending the Sublease with the Cypress Chamber of Commerce for a one-year period at a $1.00 per year rental fee and to authorize the Mayor to sign and the City Clerk to attest the Sub lease extension° Councilmen Harvey and Noe stated for the record that they are members of the Chamber of Commerce, but that they are not Directors° Councilman Kanode's motion was then 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 199 City Council Minutes January 27, 1969 It was moved by CounCilman Kanode, seconded by Councilman Noe and unanimously carried to continue Item No. 17 until the end of the meeting and to proceed to Item Noo 18 at this time° CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 20551 THROUGH 20616: It was moved by Councilman Kenode and secondedlby Councilman Noe to approve Cormnercial Warrant List for Warrants Noo 20551 through 20616 in the total amount of $55,6 73~62~ 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 SECOND READING ORDINANCE RE: ZONE CHANGE NOo Z-175: It was moved by Councilman Kenode 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: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None Title of the Ordinance is as follows: ORDINANCE NOo 407 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NOo 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN 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 Councilman Kenode and 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: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Harvey CONSIDERATION OF REQUEST FOR AUTHORIZATION.TO OBTAIN VALUE APPRAISALS FOR RIGHTS OF WAY REQUIRED FOR STORM SEWER PROJECT WS.6-05-0302: The City Manager presented a report dated January 25, 1969 advising of the requirement to obtain appraisals of value of right of way either through negotiation or through condenmation~nd indicating that these appraisals must be submitted to the Department of Housing and Urban Development to verify that the price paid for the property is the fair market value. The rights of way which are to be acquired for this Project are: 2-A-1 Retard- ing Basin; 2-A-3 Storm Sewer Channel; 2-A-8 Storm Sewer (pipe) in Grindlay Street; 2-A-1 Storm Sewer (pipe) Dairyland Extension and 14-A-1 Storm Sewer (pipe) in Orangewoodo In response to a question from Councilman Noe, the City Attorney advised that he should abstain from voting on this matter since it does involve property which he owns° It was moved by Councilman Kenode and seconded by Councilman Kanel to authorize the Public Works Director to obtain value appraisals for rights of way required for Storm Sewer Project WS-6-05-0302 subject to the approval of the City Manager. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Kanode and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Noe Councilman Noe stated for the record that he had entered into no discussions on this matter. City Council Minutes EXECUTIVE SESSION: Jan.uary 27, 1969 It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to go into an Executive Session at 9:25 p.m. for the purpose of discussing current litigation regarding the Condemnation of the land for the Corporation Yard° The meeting was called back to order at 9:50 p.m~, with all City Council- men being present~ The City Manager reviewed action which had been taken by the Cypress Park and Recreation Advisory Board in their proposal to have a contest in the Elementary Schools within the City to give the school children an opportunity to vote on the name for the Community Park on Graham Street~ The City Manager reported that information has been received from the State Divi- sion of Highways that there may not be sufficient funds in the State's budget to install traffic signals at Lincoln and Bloomfield and at Lincoln and Denni; therefore these projects have been submitted to the Division of Highways Office in Sacramento for assignment of priorities° Following discussion, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place this matter on the agenda for considera- tion at this time~ It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to request the City Manager to direct communications to the appropriate legislators from Orange and Los Angeles Counties requesting their support of the funding by the Sacramento Office of the Division of Highways of the traffic signal installations at Lincoln and Bloomfield and at Lincoln and Dennio The City Manager reviewed a communication from Mayor Calvin Pebley of the City of Anaheim inviting the members of the City Council to participate in the 100th Anniversary of Baseball on February 8, 1969 at the Anaheim Convention Center. Upon the request of the City Manager, it was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to consider a report from the Public Works Director regarding damage resulting from the recent storm on the agenda at this time° The Public Works Director reviewed areas of special concern within the City which have witnessed severe erosion as a result of the recent storm and presented photographs of the conditions in the Jonathan Storm Channel and the 2-A Channel which have experienced the most severe erosion and in which the conditions are most hazardous. He also reviewed the extent and cost of repairs which are required immediately to forestall further damage to property abutting these storm channels and proposed emergency measures which could be taken in the event another storm should occur before these emergency repairs are completed. In response to questions from members of the Council, the City Attorney advised that the drainage bond funds could not be used for these repairs since these monies must be used for only those purposes which were outlined in the drainage bond measure° The City Manager stated that the Staff is investigating the possibility of acquiring a grant from disaster funds from the Federal Government; however, at this time Orange County has not been declared a disaster area and, therefore, funds may not be available from this source° Following discussion, it was moved by Councilman Kanel and seconded by Council- man Noe to authorize the City Staff to proceed with emergency repairs to the Jonathan Channel and the 2-A Channel and to pursue the availability of funds for financial assistance to aid in this program~ 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 January 27, 1969 ADJOURNM~qT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to adjourn the meeting at 10:28 pom, MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK 6~ THEv~CITY OP CYPRESS