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Minutes 69-02-10MINUTES OF THE REGULAR MEETiNG OF THE CYPRESS CITY COUNCIL HELD February 10, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, February 10, 1969 in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard L. Bowen presiding. PRESENT: ABSENT: Councilmen Harvey, Kanel, Kanode, 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, Public Works Director Arthur Schatzeder and Planning Director George Putnam. MINUTES: It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to approve the Minutes of the Adjourned Regular Meeting of January 22, 1969 as mailed. Councilman Harvey requested that the Minutes of the Regular Meeting of January 27, 1969 be corrected to reflect the word "depth" instead of "frontage" on the seventh line of the sixth paragraph on page 6. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to approve the Minutes of the Regular Meeting of January 27, 1969 as corrected. Upon the request of the City Manager, it was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to place the Agreement with the State Division of Highways for installation of the Traffic Signal at Lincoln and Denni for consideration as Item No. 22 on the evening portion of the City Council Agenda. The City Manager advised that the Planning Commission had requested the Council to consider adopting an urgency ordinance restricting the issuance of any build- ing permits on the property at the southwest comer of Knott and Cerritos until the public hearings for consideration of changing the zone from C-1 (Neighbor- hood Stores) to C-0 (Commercial Office) are completed. This would prohibit the property owner from obtaining a building permit to develop the property under the existing zoning. Following general discussion regarding this request, it was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to continue considera- tion of this request until after the Joint meeting with the Planning Commission. The City Manager indicated that the City Council has not met jointly with the Chamber of Commerce since September, following which it was generally agreed that a Joint meeting would be scheduled for the afternoon session of the Council meeting of February 24, 1969. The City Manager advised that the Soroptimist Club of Anaheim had invited the City Council members to attend a Fashion Show and tea at Bullocks Fashion Square in La Habra on February 15, 1969 at 2:00 p.m. The City Manager outlined the need for the Staff to receive authorization to proceed with negotiations with the Cypress School District to acquire rights of way which are required for the construction of storm drain facilities adjacent to the Cypress Elementary School Distrtct's property on Orange Avenue. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to place this matter on the agenda for consideration as Item No. 23 on the evening portion of the City CounCil agenda. 203 City Council Minutes February 10, 1969 It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to recess at 4:15 pomo to the Administrative Conference Room to conduct a joint meeting with the Cypress Planning Con~nissiono Chairman Worley called the Planning Commission meeting to order at 4:15 p.m. in the City Council Chambers, 5275 Orange Avenue, with the following in attendance: PRESENT: ABSENT: Commissioners Borders, Evana and Worley Commissioners Cardoze and Davis It was moved by Commissioner Borders, seconded by Commissioner Evans and unani- mously carried to recess at 4:16 pomo to the Administrative Conference Room to conduct a joint meeting with the Cypress City Council° The joint meeting between the City Council and the Planning Co~ission was re- convened at 4:25 p.m°, with the following in attendance: PRESENT: ABSENT: Councilmen Harvey, Kanel, Kenode, Noe and Bowen Commissioners Borders, Evans and Worley Commissioners Cardoze and Davis The City Manager reviewed the status of the annexation program which has been undertaken by the Chamberof Conm~erce along Lincoln Avenue west of Moody Street and indicated that generally there was a favorable reaction to annexation by those property owners contacted° General discussion also ensued relative to the annexations now in progress on Lincoln and Walker Streets and to the proposal to annex the property adjacent to the proposed Post Office facility on Lincoln Avenue west of Valley View Street° General discussion was held concerning the Planning Commission's proposal to attempt to restrict the issuance of building permits on the property at the southwest comer of Knott and Cerritos until public hearings had been held for changing the zone of this property to C-0o The City Attorney advised that the City Council could either adopt an urgency ordinance changing the zone of this property to C-0 which would prevent any C-1 uses being developed on the parcel; or "freeze" or restrict issuance of all building permits for development of this property pending a determination of the most appropriate zoning~ He further reviewed the legal ramifications of utilizing either alternative. In response to a question from Councilman Kanel, the Planning Director advised that the Planning Commission had initiated public hearing proceedings for the zone change on this property in order to provide the owner of the property an opportunity to indicate his feelings in regard to this change° Considerable discussion ensued relative to the best use of this property, and whether the Council would desire to follow the suggestion of the Planning Commission in restricting development of this property until completion of the public hearing proceedings. Councilman Kanel suggested the possibility of having the Staff conduct a study of all vacant parcels in the City to determine the most appropriate zoning classification° General discussion was held in reference to the future development of service stations throughout the community and the extent of controls which should be exercised by the City in reference to service station developments° General discussion also took place in reference to promoting commercial and industrial development in conjunction with the activities of the Chamber of Commerce° It was m~ved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to recess the joint meeting at 5:45 pomo to the American Steak House on Lincoln Avenue in Cypress. CitE Couqcil Minutes February 10~ 1969 The meeting was called back to order at 6:01 pomo,with the following in atten- dance: PRESENT: ABSENT: Councilmen Kanel, Kanode, Noe and Bowen Commissioners Cardoza, Evans and Worley Councilman Harvey Commissioners Borders and Davis A dinner meeting of the City Council and Planning Commission was conducted at this time° RECESS: It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to recess at 7:14 pomo until 7:30 pomo that evening° ADJOURNMENT: It was moved by Commissioner Cardoza, seconded by Commissioner Evans and unani- mously carried to adjourn their meeting at 7:14 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 pom., with the following in attendance: PRESENT: ABSENT: Councilmen Harvey, Kanel, Kanode, 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 Nudsono ORAL COMMUNICATIONS: There were no oral communications presented at this time° COMMUNICATION FROM STATE DIVISION OF HIGHWAYS RE: CALIFORNIA FREEWAY AND EXPRESS- WAY SYSTEM: The City Manager reviewed a communication dated January 27, 1969 from Mr, H. Ayanian, District Engineer of the State Division of Highways, trans- mitting a copy of the 1968 Study and Reportof progress made in developing the California Freeway and Expressway System which includes recommended revisions to the Freeway Plan. It was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried, this communication and Report be received and filed~ COMMUNICATION FROM MR. PHIL WILLIAMS RE: CYPRESS VOLUNTEER FIRE DEPARTMENT: The City Manager presented a communication dated January 24, 1969 from Mro Phil Williams, describing an incident which occurred at his residence on January 21, 1969 which involved the Cypress Paid-Call Volunteer Fire Department, and re- questing the City Council to take action to prevent a recurrenceof this type of incident whichMro Willjams feels is a reprisal against him due to his previous activities in regard to the Cypress Fire Department° The City Manager reviewed discussions regarding this matter which he has held with Mro Arnold, Cypress Fire Chief, in which Mro Arnold indicated that this incident occurred while the fire truck was in the process of turning around in the parkway in front of Mro Willjams residence in order to proceed to another callo This resulted in a tire mark on the parkway° In response to a question from Councilman Kanel, the City Manager advised that there is no curbing on this street. It was moved by Councilman Harvey, and seconded by Councilman Kanode to request an investigation of this matter by Chief Osterman of the Orange County Fire Warden's Office° 205 C.ity. Council Minutes February 10~ 1969 Having received permission from the City Council, Mro Ray Holley, 5241 Bishop Street, Cypress,addressed the Council as a member of the Cypress Paid-Call Volunteer Fire Department° Mro Holley indicated that he was the officer in charge of those firemen who responded to the call at Mr. Willjams' residence and related the purpose of the call and the corrective actions taken at that time~ He stated that upon arriving at Mro Willtams' residence they received another call which required them to use Mro Willjams' driveway to turn the fire truck around,which left a tire mark in the parkway° In response to a question from Councilman Kanel, Mro Holley explained the procedures followed by the Fire Department to determine whether an individual should remain on the Fire Department~ The Council thanked the representatives from the Cypress Fire Department for appearing at the Council meeting and relating the incident from their standpoint. In response to an inquiry from Councilman Kanel, the City Manager advised that Chief Osterman's review of the accusations made by Mro Williams would include the opinions of the Orange County Fire Department relative to this incident. Councilman Harvey'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 COMMUNICATION FROM CITY OF NEWPORT BEACH RE: ORANGE COUNTY HARBOR DISTRICT: The City Manager presented a communication dated January 29, 1969 from the City of Newport Beach transmitting a copy of a resolution stating the position of that City in reference to its support of the dissolution of the Orange County Harbor District° The resolution further suggests that since Newport Harbor is within the city boundaries of the City of Newport Beach, the City should be reim- bursed by the County for expenditures by the City to provide harbor facilities and services which produce regional benefits in the event the Harbor District is dissolvedo The City Manager advised that since this matter will have to be taken into consideration by the Local Agency Formation Commission and by the Orange County Board of Supervisors in the event the dissolution proceedings are successful, it does not appear that City Council action is required at this timec It was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously carried, this communication be received and filed° COMMUNICATION FROM CITY OF ORANGE RE: RESTRICTION OF SALE OF OBSCENE MATERIAL TO PERSONS UNDER EIGHTEEN YEARS OF AGE: The City Manager presented a communication dated January 29, 1969 from the City of Orange transmitting a copy of a resolution of the Orange City Council urging both the Governor and the State Legislature to enact legislation restricting the sale of obscene material to persons under eighteen years of age° It was moved by Councilman Harvey and seconded by Councilman Kenode to adopt the following Resolution, title as follows: RESOLUTION NOo 939 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING BOTH THE GOVERNOR AND LEGISLATURE OF THE STATE OF CALIFORNIA TO ENACT AND APPROVE LEGISLATION RESTRICTING THE SALE, DISTRIBUTION AND EXHIBITION OF PORNOGRAPHY AND OBSCENE MATERIAL TO PERSONS UNDER EIGHTEEN YEARS OF AGE° 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 February 10, 1969 COMMUNICATIO.N FROM LEAGUE OF CALIFORNIA CITIES .RE: F~DERAL HIGHWAY ADMINIST~,ATION ~RDCEDURES RELATING TO ROUTE ADOPTION OF FREEWAYS: The City Manager presented a communication dated January 15, 1969 from Mr. DonBenninghoven, Assistant Director of the League of California Cities responding to the City Council's request for a recommendation on the new procedures proposed by the Federal Highway Administration in reference to the route adoption of freeways which are in part financed by federal monies° The communication further outlined the position of the Board of Directors of the League of California Cities relative to public hearings to be conducted within communities and to the appeals procedure° The League has requested a delay in the adoption of these procedures to provide a more thorough and construc- tive study in reference to the public hearing and appeals procedure; and it appears that due to the strong opposition to these new procedures from various highway groups throughout the Country, these new procedures will not be adopted~ It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried this communication be received and filed° COMMUNICATION FROM LOCAL AGENCY FORMATION COMMISSION RE~ D~TACHMENTS NOSo 1 THROUGH 5 FROM CYPRESS COUNTY WATER DIST~CT: The City Manager reviewed copies of notices dated January 28, 1969 of the public hearings to be held by the Local Agency Formation Commission on February 14, 1969 in reference to proposed Detach- ments Noo 1 through 5 from the Cypress County Water District as requested by the City of Buena Park~ The areas proposed for detachment which represent a $2,147,120 reduction in the assessed value of the District, consist of the remaining portions of the City of Buena Park which at this time are included within the boundaries of the Cypress County Water District but which are not being serviced by sewer facilities of the Water District. The City Manager indicated that the Attorney for the Cypress County Water District advised that there are two additional parcels which are within the boundaries of the City of Buena Park which will remain in the Cypress County Water District since they are currently being provided sewer service by District facilities° The City Manager was also advised that the Board of Directors of the Cypress County Water District has no objection to these detachments° Councilman Noe stated for the record that he has entered into no discussions re- garding this matter° It was moved by Councilman Kenode, seconded by Councilman Kanel and carried, this communication be received and filedo Councilman Noe abstained from voting on this matter° COMMUNICATION FROM ASSEMBLYMAN JOHN Vo BRIGGS .RE: O.RANGE COUNTY HARBOR DISTRICT DISSOLUTION: The City Manager reviewed a cor~nunication dated January 30, 1969 from Assemblyman John V. Briggs indicating his support of the position of the Orange County Division of the League of California Cities in reference to dissolu- tion of the Harbor District which would result in placing the Harbor District under the ] urisdiction of a County Department, and requesting information as to the City's position in reference to this matter° It was moved by Councilman Kanode, seconded by Councilman Harvey and carried to authorize the City Manager to notify Assemblyman Briggs of the City of Cypress' position regarding the dissolution of the Harbor District, as stated in Resolution No. 937 adopted by the Cypress City Council at its meeting of January 13, 1969. Councilman Noe stated for the record that he abstained from voting on the above matter. COMMUNICATION FROM ORANGE COUNTY BEAUTIFICATION CO~.ITTEE RE: BI-CENTENNIAL ACTIVITIES: The City Manager reviewed a communication dated January 2, 1969 from Mrs~ Weston Walker, Chairman of the Orange County Beautification Committee, suggesting that each city in Orange County plant a special tree as a part of the program for Orange County's celebration of the Bi-Centennial. The City Manager advised that the Staff has made arrangements to participate in this activity and that Girl Scout Troop 1656 has offered to dedicate and plant a tree at the Civic Center on Arbor Day, March 7tho City Council I~nutes February 10, 1969 It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to authorize the City Manager to notify Mrs. Walker of the City's plans for planting a tree as suggested by the Beautifioation Commt tree. COMMUNICATION FROM CYPRESS CULTURAL ARTS A~SOCIATION EXpRESSING APPRECIATION FOR RECOGNITION BY CITY COUNCIL: The City Manager reviewed a comanunication dated February3, 1969 from Mrs. Loons Baroldi on behalf of the Cypress Cultural Arts Association expressing the appreciation of the members of the Association for the Resolution of Commendation to their organization on their first anniversary. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried,this con=nunicatlon be received and filed. AWARD OF CONTRACT FOR 1969 WEED ABATEMENT PROGRAM: The City Manager presented a report dated February 10, 1969 from the Public Works Director outlining the results of a bid opening held on Monday, February 10, 1969 at 10:00 a.m~ in the office of the City Clerk for the 1969 Weed Abatement Program. The report indi- cated that of three bids submitted, the bid submitted by Edwin Webher, 8472 Rembrandt Avenue, HuntingtOn Beach, California, in the amount of 810,314.75' was the lowest and best bid. In answer to an inquiry from Mayor Bowen, the Public Works Director indicated that the difference in bid prices was reflected in the unit prices for hand and machine loading of rubbish, which was a substantial portion of the contract. It was moved by Councilmen Harvey and seconded by Councilmen Noe to determine that the bid submitted by Edwin Webbet, 8472 Rembrandt Drive, Huntington Beach, California, in the amount of $10,314,75 is the lowest and best bid and that the contract be awarded to Edwin Webbet as per the specifications, proposal and contract for weed and rubbish abatement dated January, 1969. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None CONSIDERATION OF ACCEPTANCE OF PUBLIC IMPROVEMENTS IN. T~ACT NO. 5660 (LARWIN COMPANY): The City Manager presented a report dated February 6, 1969 from the Public Works Director indicating that the public improvements in Tract No. 5660 located 500 feet west of Valley View and south of Orange Avenue, consisting of 7.211 acres, 35 R-1 lots, have been substantially completed in accordance with plans and specifications, with the exception of the installation of chain link ga~es at the drainage easement. It was moved by Councilman Noe and seconded by Councilman Kanode to accept the public improvements in Tract No. 5660 as being constructedin accordance with approved plans and specifications and authorize the City Clerk to release the Faithful Performance and Labor and Materials bonds upon expiration of the required lien periods,'subJect to completion of the installation of chain link gates at the drainage easement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None CONSIDERATION OF REQUEST FOR TRANSFER OF MONIES TO PLANNED LOCAL DRAINAGE FACILITIES FUND: The City Manager presented a report dated February 6, 1969 reviewing a reimbursement agreement in the amount of $2,372.97 entered into by the City with the Robert H. Grant Company and indicating that since this agreement was entered into as a note on the title sheet of the tract improve- ment plans rather than through a formal reimbursement agreement document, it was not included in the list of priorities which have been outlined in several reimbursement agreements with developers. For this reason, the report suggested that this reimbursement amount should be advanced to the Grant Company from the General Fund of the City to avoid any further confusion in the establishment of priorities. This amount would then be added to the total reimbursement amount due the General Fund of the City from the Planned Local Drainage Facilities Fund. City Council Minutes February 10, 1969 The City Manager stated that the City Attorney has reviewed this procedure and concurs in this solution to the payment of this reimbursement agreement. Following discussion, it was moved by CounCilman Noe and seconded by Councilman Kanel to authorize a transfer of $2,372.97cash from the General Fund to the Planned Local Drainage Facilities Fund to be returned to the General Fund upon receipt of monies by the Planned Local Drainage Fund to be used for the reim- bursement of the Master Plan of Drainage facilities constructed by Robert H. Grant Company. The motion was unanimoUSly carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None CONSIDERATION OF REQUEST FOR AUTHORIZATION TO MAKE APPLICATION FOR FEDERAL FINANCIAL ASSISTANT FOR FLOOD CONTROL DAMAGE: The City Manager presented a report dated February 6, 1969 advising that Orange County has been declared a disaster area due to the recent rain storms; and, therefore, cities within the County are eligible to make application for Federal Financial assistance under the Federal Disaster Act. The City Manager also presented a Resolution which is required by the Office of Emergency Planning which authorizes the City Manager and the Public Works Director to make application for Federal assistance for repair of the damages incurred as a result of the rain. The Public Works Director indicated that an estimated $12,224 is required to make the necessary emergency repairs to the Jonathan Channel, the Juanits Channel and the 2-A Channel in addition to street repairs. In response to an inquiry from Councilman Kanel, the City Manager stated that this assistance is termed a grant in aid and that in completing the application, the City will indicate the costof emergency repairs which has been advanced from the General Fund. It was moved by Councilman Harvey and seconded by Counoilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 940 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING REPRESENTATIVES OF THE CITY OF CYPRESS TO ERECUTE AND MAKE APPLICATION FOR FEDERAL FINANCIAL ASSIS- TANCE UNDER THE FEDERAL DISASTER ACT. 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 FINAL MAP FOR TRACT NOo 6811 (LARWIN COMPANY}: The City Manager presented a report dated February 7, 1969 from the Public Works Director indicating that the except for minor corrections over a lot in existing Tract cial developmont. The final Tract No. 6811 as originally Final Map for Tract No. 6811 has been checked and is technically correct. This Tract is a refiling No. 6053 which was originally intended for conuner- map is in substantial conformance with Tentative submitted. In response to a question from Councilman Kanode, the City Manager advised that this Tract does not include the model home site. City Council Minutes February 10, 1969 It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to authorize the City Manager to notify Mrs. Walker of the City's plans for planting a tree as suggested by the Beautificatton Conunittee. COMMUNICATION FROM CYPRESS CULTURAL ARTS AMSOCIATION EXpRESSING APPRECIATION FOR RECOGNITION BY CITY COUNCIL: The City Manager reviewed a~co~munication dated February3, 1969 from Mrs. Leone Baroldi on behalf of the Cypress Cultural Arts Association expressing the appreciation of the members of the Association for the ResolUtion of Co~aandation to their organization on their first anniversary. It was n~ved by Councilman Harvey, seconded by Councilman Noe and unanimously carried,this communication be received and filed. AWARD OF CONTRACT FOR 1969 WEED ABATEMENT PROGRAM: The City Manager presented a report dated February 10, 1969 from the Public Works Director outlining the results of a bid opening held on Monday, February 10, 1969 at 10:00 a.m, in the office of the City Clerk for the 1969 Weed Abatement Program. The report indi- cated that of three bids submitted, the bid submitted by Edwin Webher, 8472 Rembrandt Avenue, HuntingtOn Beach, California, in the amount of $10,314.75 was the lowest and best bid. In answer to an inquiry from Mayor Bowen, the Public Works Director indicated that the difference in bid prices was reflected in the unit prices for hand and machine loading of rubbish, which was a substantial portion of the contract. Itwas moved by Councilman Harvey m'~d seconded by Councilman Noe to determine that the bid submitted by Edwin Webbet, 8472 Rembrandt Drive, Huntington Beach, California, in the amount of $10,314.75 is the lowest and best bid and that the contract be awarded to Edwin Webber as per the specifications, proposal and contract for weed and rubbish abatement dated January, 1969. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None CONSIDERATION OF ACCEPTANCE OF PUBLIC IMPROVEMENTS IN TRACT NO~ 5660 (LARWIN COMPANY}: The City Manager presented a report dated February 6, 1969 from the Public Works Director indicating that the public improvements in Tract No. 5660 located 500 feet west of Valley View and south of Orange Avenue, consisting of 7.211 acres, 35 R-1 lots, have been substantially completed in accordance with plans and specificationS, with the exception of the installation of chain link ga~es at the drainage easement. It was moved by Councilman Noe and seconded by Councilman Kanode to accept the public improvements in Tract No. 5660 as being constructed in accordance with approved plans and specifications and authorize the City Clerk to release the Faithful Performance and Labor and Materials bonds upon expiration of the required lien periods, ~ub]ect to completion of the installation of chain link gates at the drainage easemont. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None CONSIDERATION OF REQUEST FOR TRANSFER OF MONIES TO PLANNED LOCAL DRAINAGE FACILITIES FUND: The City Manager presented a report dated February 6, 1969 reviewing a reimbursement agreement in the amount of $2,372.97 entered into by the City with the Robert H. Grant Company and indicating that since this agreement was entered into as a note on the title sheet of the tract improve- ment plans rather than through a formal reimbursement agreement document, it was not included in the list of priorities which have been outlined in several reimbursement agreements with developers. For this reason, the report suggested that this reimbursement amount should be advanced to the Grant Company from the General Fund of the City to avoid any further confusion in the establishment of priorities. This amount would then be added to the total reimbursement amount due the General Fund of the City from the Planned Local Drainage Facilities Fund. City Council Minutes February 10, 1969 The City Manager stated that the City Attorney has reviewed this procedure and concurs in this solution to the payment of this reimbursement agreement. Following discussion, it was moved by CounCilman Noe and seconded by Councilman Kanel to authorize a transfer of $2,372.97 cash from the General Fund to the Planned Local Drainage Facilities Fund to be returned to the General Fund upon receipt of monies by the Planned Local Drainage Fund to be used for the reim- bursement of the Master Plan of Drainage facilities constructed by Robert H. Grant Company. The motion was unanimoUSly carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None CONSIDERATION OF REQUEST FOR AUTHORIZATION. TO. MAKE APPLICATION FOR FEDERAL FINANCIAL ASSISTANT FOR FLOOD CONTROL DAMAGE.: The City Manager presented a report dated February 6, 1969adviSing that Orange County has been declared a disaster area due to the recent rain storms; and, therefore, cities within the County are eligible to make application for Federal Financial assistance under the Federal Disaster Act. The City Manager also presented a Resolution which is required by the Office of Emergency Planning which authorizes the City Manager and the Public Works Director to make application for Federal assistance for repair of the damages incurred as a result of the rain. The Public Works Director indicated that an estimated $12,224 is required to make the necessary emergency repairs to the 3onathan Channel, the Juanits Channel and the 2-A Channel in addition to street repairs. In response to an inquiry from Councilman Kanel, the City Manager stated that this assistance is termed a grant in aid and that in completing the application, the City will indicate the cost~of emergency repairs which has been advanced from the General Fund. It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 940 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING REPRESENTATIVES OF THE CITY OF CYPRESS TO ERECUTE AND MAKE APPLICATION FOR FEDERAL FINANCIAL ASSIS- TANCE UNDER THE FEDERAL DISASTER ACT. 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 FINAL MAP FOR TRACT NOo 6811 (LARWIN COMPANY): The City Manager presented a report dated February 7, 1969 from the Public Works Director indicating that the except for minor corrections over a lot in existing Tract cial developmont. The final Tract No. 6811 as originally Final Map for Tract No. 6811 has been checked and is technically correct. This TraCt is a refiling No. 6053 which was originally intended for cou~ner- map is in substantial conformance with Tentative submitted. In response to a question from Councilman Kanode, the City Manager advised that this Tract does not include the model home site. City Council Minutes February 10, 1969 It was moved by Councilman Harvey and seconded by Councilman Noe to approve Final Tract Map No. 6811 and authorize acceptance of the bonds and agreements in the amount of $67,630, subject to completion of the following requirements: 1. Completion of minor corrections on the tract map. 2. Completion of corrections on street improvement plans° 3. Approval of bonds and agreements by City Attorney. 4. Acceptance of the above conditions by the Developer~ Mayor Bowen indicated his intention to vote in opposition to this Final Tract Map due to the limited front and side yard setbacks. The motion was then carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Kanode and Noe NOES: 1 COUNCILMEN: Bowen ABSENT: 0 COUNCILMEN: None CONSIDERATION OF NAMING OF CO~MMUNITY PARK: The City Manager presented a report dated February 6, 1969 indicating that the Cypress Park and Recreation District Advisory Board has suggested the names of Willow, Maple Grove and Oak Knoll for the Community Park and has recommended that the final name selection be made by the City Council and then be forwarded tO the Board of Supervisors for their consideration. The report further reviewed the suggestion of the Advisory Board for the Park District to conduct a popular votein the elementary schools in Cypress to determine which of these proposed park names would be most acceptable to the students. A suggested alternate solution was the possibility of including the selection of the name for the Community Park as one of the questions on the Community Goals survey which would allow all the citizens in the community an opportunity to indicate their preference for the suggested park namesj Following general discussion regarding the method of selection of the park name, it was moved by Councilman Harvey and seconded by Councilman Kanode to select the name of Oak Knoll for the Community Park on Graham Street° 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 STATUS REPORT ON THE ORANGE .COU~.TY HARBg. R DISTRICT DISSOLUTION: The City Manager presented a report dated February 6, 1969 reviewing the status of the dissolution proceedings for the Orange County Harbor District and advising of averbal request from the Executive Board of the Orange COunty League of Cities that those cities which are represented by a member of their city council on the Local Agency Formation Commission withhold any further action in ~eference to the adoption of the resolution making application to the LoCal Agency Formation Commission for the dissolution of the Harbor District. This is to avoid any possible threat or challenge in future litigation. The City Manager advised that although the City Attorney does not concur that future legal problems would be encountered if the City Council were to adopt the Resolution, with Councilman Noe as a member of the LocaI Agency Formation Commission abstaining from voting, the City Council may wish to concur in the request of the Board of Directors of the League o f Cities by withholding any further action in reference to the dissolution of the Harbor District~ General discussion was held relative to how this request would affect those members of the Local Agency Formation Comm{ssion who also are members of the Board of Supervisors and who will be required to take action on the dissolution of the District, City ~ouncil Minutes February 10, 1969 It was moved by Councilman Kanode and seconded by Councilman Kanel to authorize the City Manager to notify the Orange County Division of the League of California Cities that although the City Council favors dissolution of the Orange County Harbor District, no further action will be taken in accordance with the request of the Board of Directors of the Orange County League of Cities° 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 CONSIDERATION OF REQUEST FOR ESTABLISHMENT OF DEMOLITION FUND: The City Manager presented a report dated February 6, 1969 outlining the need to establish a Demolition Fund in the amount of $1,000 to allow the Building Superintendent to proceed with the enforcement of Part 4 of the Uniform Building code in connection with the repair, vacation or demolition of dangerous buildings located on the property at 8881 Watson Street in the City of Cypress° Since the Code provides that the cost of this work will be made as a personal obligation of the property owner or as an assessment on the property, the funds will be rein~ursed to the City at a future date. It was moved by Councilman Kanode and seconded by Councilman Harvey to authorize the establishment of a Demolition Fund in the amount of $1,000 and to authorize the transfer of the $1,000 from the Reserve for Capital Improvements° 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 AUTHORIZATION TO INITIATE ANNEXATION NOo 68-2 UNDER THE UNIN- HABITED ANNEXATION ACT OF 1939: The City Manager presented a report dated February 6, 1969 transnnttting a Resolution for consideration by the City Council initiating annexation proceedings on property located on the east and west sides of Walker Street immediately north of the existing City boundaries, consisting of 19.81acres, and establishing a public hearing on this matter for 8:00 p.mo on March 24, 1969o The Local Agency Formation Conmission, at its meeting of January 8, 1969, adopted a resolution approving this uninhabited annexation to the City of Cypress which is designated as Annexation Noo 68-2, subject to the condition that the area be detached from the Cypress Lighting District upon completion of said annexation° It was moved by Councilman Harvey and seconded by CouncilmanKanode to adopt the following Resolution, title as follows: RESOLUTION NO. 941 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY COUNCIL OF THE CITY OF CYPRESS TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED THEREIN AND DESIGNATEDAB "ANNEXATION NO. 68-2" AND SETTING FORTH ITS REASONS FOR DESIRING SAID ANNEXATION AND GIVING NOTICE OF HEARING REGARDING SAID RESOLUTION. 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 ~inutes February 10, 1969 CONSIDERATION OF AUTHORIZATION TO INIYIATEANNEXATION NOD ~8-3 UNDER THE UNIN- HABITED ANNEXATION ACT OF 1939: The City Manager presented a report dated February 6, 1969 transmitting a Resolution for consideration by the City Council initiating annexation proceedings on property located on the south side of Lincoln Avenue between Grindlay Street and the existing City boundaries west of Walker Street, consisting of 12o19 acres, and establishing a public hearing on this matter for 8:00 pom. on March 24, 1969. The Local Agency Formation Coxmnission, at its meeting of January 8, 1969, adopted a resolution approving this uninhabited annexation to the City of Cypress which is designated as Annexation Noo 68-3, subject to the condition that the area be detached from the Cypress Lighting District upon completion of said annexation° It was moved by Councilman Harvey and seconded by Councilman Kanode to adopt the following Resolution, title as follows: RESOLUTION NOo 942 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY COUNCIL OF THE CITY OF CYPRESS TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED THEREIN AND DESIGNATED AS "ANNEXATION NOo 68-3" AND SETTING FORTH ITS REASONS FOR DESIRING SAID ANNEXATION AND GIVING NOTICE OF HEARING REGARDING SAID RESOLUTION. The motion was ur~animously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NOo 20617 THROUGH 20726: In response to an inquiry from Councilman Kenode, the Planning Director indicated that the billing from Eckbo, Dean, Austin and Williams in the amount of $144o00 covered a review of the Goals Report and attendance at the Goals Meeting at which a presentation was made by one of their Staff members on community goals, all of which involved approximately eight hours of time° He further explained that the representative who appeared at the Goals meeting has had experience in working with other cities in their goals programs° It was moved by Councilman Kenode and seconded by Councilman Noe to approve Cormnercial Warrant List for Warrants No. 20617 through 20726 in the amount of $95,881.49. In response to a question from Councilman Harvey in reference to Warrant Noo 20624, Mayor Bowen indicated that since the event was held locally in Orange County, it appeared appropriate for the Mayor to be present to represent the City and indicated that other city officials were present at the meeting° Councilman Kanode's m~tion was then 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 HE: ZONE CHANGE NO. Z-176 (CYPRESS PLANNING COMMISSIONS: It was moved by Councilman Kenode 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: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None City Council Minutes F~bruary 10, 1969 Title of the Ordinance is as follows: ORDINANCE NOo 408 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO~ 90, THE ZONINGORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL): ZONE CHANGE NO. Z-176o It was moved by Councilman Kanode and seconded by Councilman Noe to adopt the second reading of this Ordinance° Prior to voting on the motion, Councilman Harvey stated for the record that although he is opposed to R-3 zoning on the'south side of Orange Avenue, the limited depth of the property under consideration would appear to make it more feasible for development as an R-3 development rather than single family residential~ Mayor Bowen concurred in these statements° 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 CONSIDER~LTION OF APPROVAL OF AGREEMENT WITH THE STATE DIVISION OF HIGHWAYS FOR TRAFFIC SIGNAL AT LINCOLN AND DENNI: The City Manager presented a report dated February 7, 1969 from the Public Works Director advising of the necessity to enter into an Agreement with the State Division of Highways for the installation of traffic signals, right of way, lighting and road work at the intersection of Lincoln and Denni, the City's cost of which is estimated at $8,250.00. Forest Lawn also will participate in a portion of these improvementso In response to a question from Councilman Harvey, the City Manager and Public Works Director advised that the City has already entered into an agreement with the State for installation of the traffic signal at Bloomfield and Lincoln and that construction of this signal should commence in March of 1969. The City Manager also advised that Assemblyman Gonsalves from Los Angeles County has advised that he has communicated with the State Engineer suggesting that this traffic signal be given the highest possible priority for funding° It was moved by Councilman Noe and seconded by CounCilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 943 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF CYPRESS 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 21_3 City Council Minutes February 10, 1969 CONSIDERATION OF REQUEST FOR AUTHORIZATION TO NEGOTIATE WITH THE CYPRESS SCHOOL DISTRICT: The City Manager outlined the necessity to negotiate with the Cypress School District to obtain rights of way for the construction of a storm drain channel across the northerly portion of the parcel located at the northeast corner of Moody and Orange° It was moved by Councilman Kanel and seconded by Councilman Kanode to authorize the Staff to negotiate with representatives from the Cypress School District for acquisition of rights of way across the northerly portion of the parcel located at the northeast comer of Moody and Orange which are required for storm drain construction° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanet, Kanode, Noe and Bowen None None It was moved by CQuncilman Kanode to place on the agenda for consideration at this tin~ the request from the Planning Commission to consider an urgency Ordinance restricting the issuance of building permits on property located at the southwest corner of Cerritos and Knott until the Planning Commission has made a determina- tion as to which use is best suited to this property. The motion died for lack of a second~ In answer to a request from Councilmaw Kanode, the City Manager stated that his office would make the necessary reservations for Councilman Kanode to attend the General Assembly Meeting of the Southern California Association of Governments on February 20, 1969o ORAL .~Ot~UNICATIONS: There were no oral communications presented at this time° ADJOURNMENT: 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 8:52 pom~ MAYOR OF THE CITY OF CYPRESS ATTEST~ // · ./.' ' ~ ~Fi~. i/ / .~ ~i. / CITY CLERK OF TH~ CITY O~F CYPRESS