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Minutes 69-03-24MINUTES OF THE REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 24, 1969 The regular meeting of the Cypress City Council was called to order at 4:06 p.m. on Monday, March 24, 1969 in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard L. Bowen presiding. PRESENT: Councilmen Kanel, Kanode, Noe and Bowen ABSENT: Councilman Harvey Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, Administrative Assistants Gene Poertner and Doug Dunlap, Public Works Director Arthur Schatzeder and Planning Director George Putnam. MINUTES: It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried, the MInutes of the Regular Meeting of March 10, 1969 be approved as mailed. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place consideration of approval of the plans and specifications for construction of the 20-A-1 Storm Drain from Tract No. 6775 to the Bolsa Chica Channel on the agenda as Item No. 26. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place consideration of approval of plans and specifications for construction of a sewage pump station for Tract No. 6719 on the agenda as Item No. 27. The City Manager presented a report from the Public Works Director regarding the necessity to issue a change order for the street improvement at Moody and Orange. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place consideration of this matter on the agenda as Item No. 28. COUNCILMAN HARVEY ARRIVED AT 4:14 P.M. AND TOOK HIS PLACE ON THE PODIUM. The City Manager advised that the City has received authorization from the De- partment of the Navy for access over their property at the Los Alamitos Naval Air Station. The City Manager indicated that it would be necessary to enter into a lease with the Navy Department for the temporary construction area at a rental rate of $100 per month. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place consideration of this matter on the agenda as Item No. 29. The City Manager reviewed the notification from the Orange County Flood Control District's Chief Engineer advising that the Orange County Board of Supervisors, at its meeting of March 25, 1969, will consider additional methods of financing the construction of storm drain facilities throughout the County. It was moved by Councilman Kanel, seconded by Councilman Kanode and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Noe to authorize the City Manager to take whatever action is necessary to assure the construction of cooperative flood control projects throughout the City. Councilman Kanel indicated that he felt the City should advise the Board of Supervisors of the action the City of Cypress has taken to obtain funds to finance the construction of the needed drainage facilities for the City and that the City's concern is that present agreements with the Flood Control District be fulfilled. City Council Minutes March 24, 1969 Councilman Noe withdrew his motion. Councilman Kanode indicated that he had not had an opportunity to review the corm~uni cation from the Orange County Flood COntrol District and moved that this matter be considered as Item No. 30 on the evening portion of the City Council agenda. The motion Was seconded by Councilman Noe and unanimously carried. The City Manager presented several Legislative Bulletins from the League of California Cities and suggested that the City CounCil may wish to consider the formation of a legislative review committee composed of two Councilmen, the City Manager and the City Attorney. This committee would review the legislation which it feels may have a direct effect upon the City and would formulate recommendations for the City Council. It was moved by Councilman Kanode and seconded by Councilman Kanel to place this matter on the agenda for consideration at this time. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Kanel and Kanode NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 2 COUNCILMEN: Noe and Bowen It was moved by Councilman Noe and seconded by Mayor Bowen to appoint Councilmen Kanode and Kanel as members of the legislative review committee. In response to questions from Councilman Harvey, the City Managerindicated that the purpose of the comm4ttee would be to review those legislative measures which have been brought to the attention of the City by other agencies and to prepare recommendations which would be considered by the City Council at a regular meeting, Following discussion, Councilman Noe's 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 The City Manager presented the possibility of there not being a quorum for the City Council meeting of April 14, 1969 since three of the City Councilmen are planning to attend the Mayors' and Councilmen's Institute in Sacramento on this day. It was agreed that the City Council would adjourn this meeting to April 7, 1969 and will adjourn the meeting of April 14, 1969 for lack of a quorum. The City Manager reviewed Resolutions from the Orange County Division of the League of California Cities on the formation of an Airport Land Use Commission, the legislation authorizing the Local Agency Formation Commission to initiate annexations of unincorporated islands and the request to the Orange County Board of Supervisors to provide a full-time staff for the Local Agency Formation. Commission° The League requested that each City take a position on these measures prior to the April 10th League of Cities Executive Committee meeting. Following discussion, it was generally agreed that these Resolutions would be considered at the City Council macring of April 7, 1969. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to consider Items 7 through 13 on the agenda at this time. City Council Minutes March 24, 1969 COMMUNICATION FROM COUNTY ADMINISTRATIVE OFFICER RE: FIRE PROTECTION AGREEMENT: The City Manager reviewed a conmmunicetion dated February 2'b', 1969 from Mr. R. E. Thomas, County Administrative Officer, notifying the City that the existing fire protection agreement between the City and the Ceunty will be terminated effective June 30, 1969. This notice of termination is to provide an opportunity for the cities to determine whether or not they wish to renew these agreements for fire protection services based on the changes which have been approved by the Orange County Board of Supervisors as a result of an over-all analysis undertaken by the County Administrative office. The City Manager reviewed the changes in the new agreement relative to the delection of charges for structural fire protection services and the increase in rates for non-structural responses, and indicated that the total effect of these new rates based on the alarm response rate from January 1, 1968 through November 30, 1968 would be to increase the City's total cost from $18,540 to $28,303° These new rates, combined with the operations of the fire service area, are estimated to increase the agreement cost to $130,000, which, the City Manager advised, still appears to be below that which would be required for a municipal fire department of equiva- lent size. The City Manager also reviewed the possibility of maintaining the current fire rates with the County of Orange until the end of August, 1969 and indie&ted that the City Managers of Los Alamitos, Cypress sud La Palm had been discussing the possibility of requesting the County's consideration of this proposal. Following general discussion, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to authorize the City Manager to notify the Orange County Administrative Officer that the City of Cypress wishes to enter into the new agreement for fire protection services for the 1969-70 fiscal yearl, COMMUNICATION FROM STATE CONTROLLER RE: MeTORVEHICLE LICENSE FEES. AND HIGHWAY USERS TAX: The City Manager reviewed a communication dated February 28, 1969 from the State Controller's Office outlining the estimated revenues to be received in the 1969-70 fiscal year from the motor vehicle license fees and the highway users tax° The communication indicated that the City of Cypress, based on the current population of 24,100, will receive $166,175 from the motor vehicle license fee revenues and an estimated $205,610 from the highway users tax. The City Manager indicated that these amounts will be adjusted in accordance with the population estimate to be certified as of April 1, 1969. It was moved by Councilman Noe, seconded by Councilmen Harvey and unanimously carried this conmunication be received and filed. CONTINUATION OF COMMUNICATIONS FROM CITIES'OF HWNTINGTON BEACH AND LOS ALAMITOS REGARDING SENATE B~LL!~85 AN~ FROM THE CITY 8FTM COSTAMESA REGARDING ASSEMBLY BILL 236: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to refer the communications from the Cities of Huntington Beach and Los Alamitos regarding Senate Bill 285 and the communication from the City of Costa Mesa regarding Assembly Bill 236 to the legislative review committee for study and submittal of a recomm~ndation to the City Council at its meeting of April 7, 1969~ COMMUNICATION FROM CYPRESS CHAMBER OF COERCE RE: FIREWORKS DISPLAY AT COMMUNITY FAIR: The City Manager reviewed a communication dated March 11, 1969 from Chamber of Commerce Manager Bill Shepherd requesting the City Council's support of the 4th of July Community Fair by contributing an amount of $1,200 to offset the cost of the fireworks display. The City Manager advised that this contribution would necessitate the transfer of approximately $1,000 to the Community Promotional Account. In response to a question from Councilman Kanel, the City Manager advised that the Chamber of Con~nerce had received authorization from the officials at Cypress Junior College to use the campus for the Community Fair. He further advised that the Fire Marshal's Office had also approved this location for the fireworks display. City Council Minutes March 24, 1969 Councilman Harvey indicated that he had been pleased with the success of the Com~nunity Fair held last year and felt that the fireworks display wo~ld contribute significantly to the success of this year's fair. It was moved by Councilman Kanel and seconded by Councilman Harvey to authorize an expenditure of $1,200 to be used as the City'scontribution for the fire- works display at the Community Fair to be held at the Cypress Junior College C~npus on July 4, 1969 and to request that the City's participation be properly acknowledged° General discussion was held relative to community interest in the fireworks display and to other displays which are planned in adjacent cities, following which Councilman Kanel's motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Nee and Bowen None None It was then moved by Councilman Kanode and seconded by Councilman Harvey to authorize the transfer of $1,000 from the Reserve for Capital Improvements to the Contractual Services Account of the Non-Departmental Budget° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kanode, Nee and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None COMMUNICATION FROM ANTIQUE BOTTLE CLUB OF ORANGE COUNTY REQUESTING PERMISSION TO DIG FOR OLD BOTTLES ON CITY-OWNED LAND: The City Manager reviewed a communication dated March 13, 1969 from Mrs. Nancy Mansur, Secretary of the Antique Bottle Club of Orange ~County, requesting permission from the City Council for members of the Club to dig for old bottles on City-owned lando The City Manager indicated that the only two areas of City- owned land which would be available for this purpose would be the undeveloped portion of the Civic Center property and the area recently acquired by the City for construction of the retarding basin. He further indicated that since the retarding basin land will be excavated in the Summer of 1969, any digging for bottles would have to be accomplished prior to that time. The City Manager further reviewed certain conditions which should be imposed if the City Council determines to grant the Club permission to dig for old bottles~ It was moved by Councilman Nee and seconded by Councilman Harvey to authorize the City Manager to notify the Antique Bottle Club of Orange County that the City would have no objection to having the Club dig for bottles on the Civic Center property and at the retarding basin, subject to the following conditions: 1o Advance notification be given the Police Department indicating the date and number of members who will be involved in the activity. The organization agree in advance that the sites will be returned as nearly as possible to their original condition° 3o That the City be provided with a waiver of liability for this activity in a form approved 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, Nee and Bowen None None City Council Minutes March 24, 1969 COMMUNICATION FROM CITY OF PACIFICA RE: PReSRAM..OF SCHOOL'PROPERTY TAX EQUALIZATIONTHRe~6HSUT TME~STATE:-'The:City Manager.presented a conmunication dated March 14, 1969 from Mr. Co Wo Maa8nhetmar. City Manager of the City of Pacifica, requesting the City Council to support a Resolution of the City Council of the City of Pacifica requesting the State Legislature to develop a program of school property tax equalization throughout the State. The City Manager suggested that since this matter is of direct concern to the Cypress School Board, it would appear appropriate that a copy of the communication and resolution from the City of Pacifica be transmitted to the School Board of Trustees in order that they might take a position in referenceto this matter. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to authorize the City Manager to t=ansmit the communication and resolu~ tion from the City of Pacifica regarding the program of school property tax equalization to the Cypress Elementary School District Board of Trustees request- ing a statement as to their position on this matter with additional information which could be useful to support this measure in the State Legislature. COMMUNICATION FROM ~YPKESS POLICE ASSOCIATION REQUESTING ACKNOWLEDGEMENT OF THE CYPRESS POLICE ASSOCIATION: The City Manager reviewed a communication dated March 15, 1969 from Douglas D~ Wright, President of the Cypress Police Association, requesting the City Council to acknowledge the Cypress Police Association as the representative for all employees of the Cypress Police Department. The City Manager recommended that this request be referred to the City Attorney° It was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to refer this request to the City Attorney to be included in the current study of the existing State law regarding employee associations andto further request the City Manager to acknowledge this communication and to advise the Cypress Police Association of this action. In response to a question from Councilman Kanel, the City Attorney reviewed the status of the analysis which is being completed by this office° The City Attorney further outlined the desirability of enacting an ordinance or resolution which will efiectively define employer-employee relations. It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to consider Item Noo 19 and Items 21 through 24 at this time° CONSIDERATIQN OF APPROVAL OF AGREEMENT WITH STATE DEPARTMENT OF FINANCE FOR POPULATION ESTIMATE~ 'The City Manager presented a report dated March 20, 1969 concerning arrangements which have been made with the State Department of Finance for the conduct of a population estimate to be certified as of April 1, 1969, at an estimated cost of $340o00° The conduct of the population esti- mate will requi re execution of an agreement between the City and the State Department of Finance~ It was moved by Councilman Kenode and seconded by Councilman Kanel to approve the agreement with the State Department of Finance for completion of a popula- tion estimate with a certification date of April 1, 1969 and further to authorize the Mayor to sign and the City Clerk to attest the subject Agreeraento 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 CCI~SIDERATION OF REQUEST TO ANALYZE CITY'S PARTICIPATION IN COMPUTER PROGRAM: The City Manager presented a report dated March 20, 1969 reviewing meetings which have been held by a number of Orange County cities during the past several months relative to the feasibility of the development of a program for a centralized data processing systems 247 City Council Minutes March 24, 1969 The City Manager further indicated that it had been suggested that each City under- take an analysis of the cost of this computer service-under a Joint powers agree- ment and determine the type of programs which.are.available or which could be made available to cities under this program. The City of Anaheim has indicated a willingness to provide a technician from its Data Processing Service Department to assist the cities in this analysis, with the cost to the City of Cypress for this service not to exceed $650.00. The City Manager indicated that this initial study would require an additional appropriation in the Contractual Services Account of the Finance Department. In response to a question from Councilman Kanel, the City Manager explained the purpose of a computer program and outlined the advantages of such a program relative to the personnel needs of the City. It was moved by Councilman Noe and seconded by Councilman Kanel to authorize the City Manager to obtain the technical consulting services from the City of Anaheim to determine the extent and cost of the City's participation in the centralized data processing system at a cost not to exceed $650.00. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF CLAIM FOR DAMAGES--BARRY JOHN BROZOWSKI: The City Manager presented a report dated March 20, 1969 reviewing a Claim for Damages which has been filed by Attorney George To Poppe on behalf of his client, Berry John Brozowski, based on alleged assault and battery, false arrest, invasion of privacy, false imprison- ment and harassment on the part of the Cypress Police Department. The report fur- ther indicated that Police Chief Savord has advised that the Claim is without merit and that the Officers involved were exercising their duty in the investiga- tion of suspicious circumstances based upon reasonable and probable cause, which is a well established authority in the law. The City Manager indicated that he had received additional incident reports from the Officers involved which indicated that their investigation was prompted by the existence of suspicious circumstances at the service station involved. It was moved by Councilman Kanel and seconded by Councilman Kenode to officially deny the Claim of Berry John Brozowski as represented in a communication from Attorney George To Poppe and to request that the City Manager notify the Ctty's Insurance Carrier of this action. 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 The City Attorney advised that the form of the Claim is improper and, therefore, even if the Claim were considered to be one of merit, he would recommend that it be denied. CONSIDERATION OF REQUEST FOR AUTHORIZATION TO PROVIDE CHEST X-RAYS FOR CITY EMPLOYEES: The City Manager presented a report dated March 20, 1969 outlining a program to provide chest X-rays for City employees at City expense, the total cost of which is estimated at $140.00. This program would also be made availa- ble for City employees' families at their expense. It was moved by Councilman Harvey and seconded by Councilman Noe to authorize the expenditure of $140.00 for the City employees chest X-ray program. In response to an inquiry from Councilman Kenode, the City Manager indicated that the X-rays would be forwarded to a hospital and the results would be provided to the individuals. City Council Minutes March 24, 1969 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 CERTIFICATION OF EMPLOYMENT LIST--CROSSING GUARD: The City Manager presented a report dated March 18, 1969 outlining.the.results .of.an .open competitive examination which has been conducted for the position of Crossing Guard. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to certify the employment list for Crossing Guard as presented. RECESS: It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to recess at 5:24 p.m. until 7:30 pomo that evening. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilmen Harvey, Kanel, Kanode, Noe and Bowen ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Eo Erickson, Administrative Assistants Gone Poetthor and Douglas Dunlap, Police Chief George Savord, Public Works Director Arthur Schatzeder, Planning Director George Putnam, Finance Director Jim Grissom and Building Superintendent Tom Nudson~ CONSIDERATION OF AWARD OF CONTRAGT FOR REBURFAeING PORTIONS OF VAELEY VIEW STREET FROM CERRIT®S TO THE SeMTH CITY ElMITS:The City Manager presented a report dated March 24, 1969 from the Public Works Director outlining the results of a bid opening conducted ohM arch 24, 1969at 9:00 a.m. in the Office of the City Clerk for the placing of a variable thickness asphaltic.concrete paving on Valley View Street from Cerrttos Avenue to the south City limits. The report indicated that of four bids submitted, R. Jo Noble Company, Po O. Box 620, Orange, California, submitted the lowest and best bid in the amount of $7,170~00, which is approximately 0.62% below the Engineer's estimate for the project~ In response to a question from Councilman Harvey, the Public Works Director advised that at least one lane in each direction on Valley View will remain open during this construction° It was moved by Councilman Harvey and seconded by Councilman Noe to determine that the lowest and best bid was submitted by R. J. Noble Company and to award the contract to R. Jo Noble Company, Po O. Box 620, Orange, California, as per its proposal dated March 24, 1969 in the amount of $7,170.00. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None ORAL COMMUNICATIONS: There were no oral communications p resented at this time. Since Items No. 2 through 6 were Public Hearings scheduled for 8:00 p.m,, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to proceed to Item No. 16 and continue until 8:00 p.m. City Council Minutes March 24, 1969 CONSIDERATION OF APPROVAL OF FINAL MAP FaR TRACT NO. 6776 (LARWIN COMPANY): The City Manager presented Final Tract MapNo~ 67261ousted west of Valley View Street south of Orangewood Avenue consisting of 23.126 acres and.141 R-1 lots, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Public Works Director presented a report dated March 20, 1969 indicating that the Final Map conforms to Tentative Tract Map No. 6719 of which it is a part,and reviewed various other items which are required to be completed prior to recordation of the Final Map° These include the recordation of the boundary change for the southerly portion of the Tract and the execution of an agreement between Larwin Company and the City to dedicate the park site required on Tenta- tive Tract Map No~ 6719, which will include a bond in an ~mnunt sufficient to make it possible for the City to acquire the park site indicated on the Tentative Map° In response to a question from Councilman Kenode, the City Attorney advised that he has examined the proposed agreement for acquisition of the park site and that the agreement guarantees acquisition of the park site by December 31, 1970. In response to an inquiry from Councilman Harvey relative to the request for waiver of the endorsement of the signatures of all holders of rights of entry, the City Attorney reviewed the provisions of Section 11587 of the Subdivision Map Act which outlines this authority. The City Attorney further pointed out that a similar waiver was granted on the first portion of this Tentative Map. Following discussion, it was moved by Councilman Harvey and seconded by Council- man Noe to approve Final Tract Map No. 6776, to accept the bonds and agreements in the amount of $242,545°00 and to authorize the City Clerk to sign the record map upon completion of the following requirements: 1o Complete all corrections on improvement plans° 2o Bonds and agreements subject to approval of City Attorney° 3o Developer to submit park site agreement for approval by City. 4o Sewer reimbursement agreement to be submitted by Developer for approval by City° 5° No final inspections shall be made on any dwelling units until either the Master Plan Storm Drain is completed or a temporary drainage solu- tion satisfactory to the City Engineer is submitted and approved and the sewage pump station is completed and accepted by the City. 6o Developer to agree to above conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, K~.~el, Kenode, Noe and Bowen None None It was moved by Councilman Harvey and seconded by Councilman Noe to waive en- dorsement on the title sheet by holders of rights of entry° 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 It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to place consideration of the agreement for acquisition of the park site required in Tentative Tract Map Noo 6719 on the agenda at this time° The City Manager reviewed the contents of the agreement, which provides for acquisition of the park site by December 31, 1970 and the posting of a bond in the amount of $150,000 for acquisition of the park site by the City in the event it is not donated by that time. City Council Minutes March 24, 1969 It was moved by Councilmen Harvey and seconded by .Councilman Noe to approve the agreement with Larwin Company for donation or aequiaition of the.park site in Tentative Tract Map Noo 6719 by December 31,1970, and to authorize the Mayor to sign and City Clerk to attest the subject agreement~ The motion was unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanet, Kanode, Noe and Bowen None None Following an inquiry from Councilman Harvey, general discussion ensued relative to the progress being made in the acquisitien of the Signer Ranch by the Cypress Park and Recreation District for development as a park site. The City Manager further advised that the City has required the development of a park site in this area as a condition of approval of the Tract Map and, therefore, this condition would have to be fulfilled before the City would accept the tract improvements and authorize release of the bonds° In response to a question from Councilman Kanel, the City Manager advised that if so requested by the Council, a communication couldbe directed to the Cypress Park and Recreation District requesting that this matter be processed as rapidly as possible~ RECESSx The Mayor declared a recess at 7:57 pom. The meeting was called back to order at 8:00 p~mo, with all City Councilmen being present. PUBLIC HEARING RE: ANNEXATICN NOo 68-2e .The Mayor announced this was the time and place for the Public Hearing to consider objections to the proposed annexa- tion of uninhabited territory located on the east and west sides of Walker Street, immediately north of the existing City boundaries, known as Annexation No. 68-2° 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 March 20, 1969 indicating that the affidavits of publication, posting and mailing of the public hearing notices on this matter are on file in the office ofthe City Clerk and that no written protests have been received. The Planning Director then outlined the limits of theproposedannexation, which consists of 19~81 acres and has a total assessed valuation of $45,620. The Mayor asked if anyone in the audience wished to speak in opposition to the proposed annexation~ Mrs. Faye Malley, 5602 Vonnie Lane, Cypress, inquired as to the procedures for notifying property owners in the areas of annexations and as to why she and her neighbors had not been notified of this annexation° The City Manager advised that Vonnie Lane had not been included in the annexa- tion under consideration° There being no written or oral protests, the Mayor declared the public hearing closed~ It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 955 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE IN THE PROCEEDINGS KNOWN AS "ANNEXATION NOo 68-2"° 25i City Council Minutes March 24, 1969 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 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, Kanode, Noe and Bowen None None Title of the O~dinance is as follows: ORDINANCE NOo AN ORDINANCE OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED AS "ANNEXATION NOo 68-2" TO THE CITY OF CYPRESS, It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the first reading of this Ordinance° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES~ 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None PUBLIC HEARING RE: ANNEXATION N8, 68-3: The Mayor announced this was the time and place for the Public Hearing to consider'IobJections to the proposed annexa- tion of uninhabited territory located on the-south side of Lincoln Avenue between Grindlay Street and the existing City boundaries west of Walker Street, known as Annexation Nol. 68-3° The Mayor declared the public hearing open and requested the Staff to present its ~eportso 'Fne City Manager read into the record of the public hearinga report dated March 20, 1969 indicating that the affidavits of publication, posting and mailing of the public hearing notices on this matter are on file in the office of the City Clerk and that no written protests have been received° The Planning Director outlined the limits of the proposed annexation, which consists of 12o91 acres and has a total assessed valuation of $69,830° The Mayor asked if anyone in the audience wished to speak in opposition to the subJect annexationo There being no written or oral protests, the Mayor declared the public hearing closed= It was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 956 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE IN THE PROCEEDINGS KNOWN AS "ANNEXATION NO. 68-3"° 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 March 24~. 1969 It was moved by Councilman Kanel and seconded by Councilman Harvey 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 Title of the Ordinance is as follows: ORDINANCE NO o AN ORDINANCE OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED AS "ANNEXATION NOo 68-3" TO THE CITY OF CYPRESS. It was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the £irst reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None The City Manager expressed the Staff's appreciation to the property owners in the audience whose properties are affected by these annexations for their cooperation. Mayor Bowen indicated that the City Council was extremely proud to welcome these property owners into the City of Cypress. Councilman Noe indicated that at the meetingof the Local Agency Formation ComnLission, the Commission approved these annexations unanimously and determined that these areas could be serviced more economically by the City than by the County. PUBLIC HEARING RE: OBJECTIONS TO WEED.ABATEMENT, PRSGRAM,'t969: The Mayor announced this'wasthe time and place forthe PubLicHearing.to consider objections to the proposed removal of weeds, rubbish, refuse.and dirt growing upon and in front of certain private property in the City of Cypress, 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 March 20, 1969 indicating that the required affidavits of posting and publica- tion of the public hearing notices on this matter are on file in the office of the City Clerk and that no written protests have been received° The Public Works Director read into the record of the Public Hearing a report dated March 19, 1969 indicating that the property owners whose properties have been posted for abatement were notified by post card and that several calls have been received from individual property Owners stating that they will clean their own weeds and from property owners advising that they have sold the propertyl. The report indicated that no written protests have been received by the Public Works Departmento The report further reviewed a program previously utilized by the City, whereby a property owner may post a bond to guarantee completion of any required weed abatement work within a speci fled time limit. If the work is not completed within the specified time, the City Contractor will then complete the abate- ment work. The Mayor asked if anyone in the audience wished to speak in opposition to the Weed Abatement Program, 253 City Council Minutes March 24, 1969 Mr~ Winston MacDonald, representsting Dro Robert .MacDonald, 5185 Ball Road, Cypress, addressed the Council advising that,arrangements have been made for the weeds to be removed from 6130 Orange A~enue, Assessor's Parcel No. 134-143-18 and inquiring as to whether it would still be necessary to post a bond guaranteeing the completion of this abatement work. It was generally agreed that if a valid contract was presented to the Public Works Departmentindicating that the weed abatement work wouldbe completed, the weed abatement contractor would be requested to defer cleaning of this lot for a 10-day period° In response to an inquiry from Councilman Harvey, the City Attorney advised that the premium for the bond is usually 1% of the face value of the bond. In answer to a question from Councilman Kanel, the City Manager advised that the City Public Works Inspector accompanies the Weed .Abatement contractor on the cleaning operations and that the property is inspected and photographed prior to abatement proceedings, Mrs~ Hendricks, 6941 Elm Avenue, Cypress,addressed the Council requesting that she be advised as to what abatement work is required on her property. She in- dicated that her lawn had grown considerably during the rains, but that it had been cut and was in good condition at this time° The City Manager explained the procedures followed in posting of properties for the weed abatement program° Mrs. Hendricks then indicated her dissatisfaction with the services provided by the Street Sweeper, objecting specifically to the piles of rubbish which are deposited by the street sweeping machine's rollers and brushes while turn- ing in front of her home~ The City Manager advised that this matter would be investigated by the City Staff~ Mrl. Charles Pahland, 4742 Lincoln Avenue, Cypress, California, addressed the Council, indicating that he had received a post card notifying him of the weed abatement proceedings and that the post card did not indicate any date upon whi ch the work should be completed. The City Manager advised that the date given on the post card is the public hearing date and that this is the critical date since the contractor would conmmnce his cleaning operations following the date of the public hearing. In response to a question from Mr~ Pahland regarding the period during which the Weed Abatement Progrin is being conducted, the City Manager explained that the Program was initiated earlier than in previous years so as to provide an opportunity to correct the recurring weed problems which occur during the early summer months and to further provide sufficient time to forward the tax assessments for the weed abatement work to the County Tax Assessor° Mro Pabland then indicated that his tenant on the property will be clearing whatever he feels is necessary, but that as far as weeds are concerned, there are little or no weeds on the property° The City Manager indicated that while a problem may exist when inspected by the weed abatement contractor, many times the problem has been corrected by the time abatement proceedings have commenced° In answer to an inquiry from Mro Pahland, the City Manager indicated that March 25, 1969 would be the deadline for abatement proceedings. He further indicated that, if Mro Pahland desired to complete the weed abatement operations, he could contact the Public Works Department to determine when the weed abate- ment contractor would beentering onto his property° The City Manager further advised that since Mro Pahland had indicated that he could not determine whether a problem existed on his property, known as Assessor's Parcel No. 244-051-14, the Public Works Inspector would inspect this parcel carefully prior to proceeding with any abatement proceedings. City Council Minutes March 24, 1969 In response to a statement from Mr0 Pahland=elative to the wording of the post cards which are sent to the property owners,,the City .Attorney advised that any dissatisfaction with the wording. oftheae post.cardsahould be directed to the State Legislature! rather than teethe City Council, since_the format of the ~solution and~Lnoticeto property owners hes been developed by the State Legislature° Mro Pahland then requested that a representative from the Public Works Depart- ment accompany him on an inspection of his p~operty to determine what~ if any, nuisances require abatement; and that he would be happy to comply with whatever is necessary° There being no written protests and no' further orml protests, the Mayor declared the Public Hearing closed° It was moved by Councilman Kanel and seconded by Councilman Kanode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 957 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING,UPON OR IN FRONT OF, AND RUBBISH, REFUSE AND DIRT UPON. OR INI FRONT OF CERTAIN PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING THE ABATEMENT THEREOF. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanet, Kenode, Nee and Bowen None None It was moved by Councilman Harvey and seconded by CouncilmsnKanode to determine that abatement has taken place as provided fer!byRasolution No. 949, if either a cash depositor bond is posted or ifample avidenos of acontract being let for the work is furnished, or in the case ofpublio district, there is ample evidence of a contract' to remove the weeds on the property owned by the following: Assessor's Parcel No. 134-143-18 (Dr. MacDonald) Assessor's Parcel No. 244-051-14 (Pahland) The bonds or deposits shall be posted within ten (10) days guaranteeing the work will be completed within twenty (20) days from the date of this hearing. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Nee and Bowen None None PUBLIC HEARING RE: ZONE CHANGE NO. Z-177 (CYPRESS PLANNING COMMISSION): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to Zoning Ordinance No. 90 to change the zone of a certain parcel of land located on the southwest comer of Cerritos Avenue and Knott Avenue, from C-1 (Neighborhood Stores) to C-O (Co~mmercial Office), initiated by the Cypress Planning Commission and known as Zone Change No. Z-177. The Mayor declared the public hearing open and requested the Staff to present its reportso The City Manager read into the record of the Public Rearing a report dated March 18, 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 written communications either in favor ofor in opposition to the proposed change of zone have been received at this time. City Council Minutes March 24, 1969 The Planning Director read into the record of the public hearing a report dated March 20, 1969 outlining the extent of the p~opoaad sons change and presenting the Planning Commission'S recommendation of approval. The Mayor asked if anyone in the audiencewished to speak in favor of or in opposition to the proposed change of zone. Mr~ Dale Lewis, 5412 Santa Catalina Avenue, Gardem Grove, California, addressed the Council, representing Shell Oil Company, imdicating that although Shell Oil Company does not anticipate placing aservice station on the subject property, it does feel that a change of zone as contemplated would effect an economic hard- ship on Shell Oil Company since the C-O zoning is more restrictive. He further indicated that it is felt that the C-1 zoning classification is the best use for this property since C-O uses are allowed also in the C-1 zone. In response to an inquiry from Mayor Bowen, Mr. Lewis indicated that Shell Oil Company generally does not sell their properties to other oil companies for ser- vice station development. In response to a question from Councilman Kanel, the Planning Director reviewed the difference in the requirements of the C~i and C-O zones stating that the C-1 zone does permit C-O uses; however, the development standards under a C-O zone are more restrictive. An example of this is. that the C-O zone allows building heights of only one story, whereas, the C-1 zone allows two story structures. General discussion was held relative to development of the subject property. In answer to a question from Councilman Kanel, the Planning Director indicated that the zoning of this property had been ree~udied in response to a question from the City Council relative to determining the highest and best use of this property. Councilman Kanel indicated that since the property has been zoned for C-1 uses for a number of years and has not been successful in this use, he would wish to see how successful C-O zoning would be in. this area. He further indicated that he did not feel this would impose an economic hardship on the property owner. Mro Lewis indicated that since purchased by Shell Oil Company, the property has not experienced any appreciation tnzvalua. Ha. further indicated that C-O zoning would make the property more difficult to sell. The City Attorney reviewed the factors which the Council is to take into consi- deration in determining the zoning of a parcel of land and indicated that discussions relative to the imposition of financial or economic hardships on the sale of the property are not relevant to whether C-1 or C-O zoning is the highest and best use of the property. There being no written communications and no further oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel and seconded by Mayor Bowen to read the following Ordinance by title only, title 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 ZC~qE OF A CERTAIN PARCEL OF LAND FROM C-1 (NEIGHBORHOOD STORES) TO C-O (COMMERCIAL OFFICE), ZONE CHANGE NO. Z-177. It was moved by Councilman Kanel and seconded by Mayor Bowart to adopt the first reading of this Ordinance. 256 City CounCil Minutes March 24, 1969 Prior to voting on this matter, Councilman Harvey stated that he hoped that this action was not a trend on the part of the Council _to change the zoning of a parcel of props rty just for the sake of change. He further stated .thatto.change the zone to a mere restrictive C-O zoning would.increase the problem of development in this area and that the Council should.~akel.into consideration the depreciation of the land. He further stated that for these reasons, he would be opposed to Qhan in the zone to C-O. He further stated that since the C-O uses are permitted · n t~e 8-1 Zone, e could see no reason for a change of zone to C-O. h Councilman Kanode stated that he felt the subJ cut parcel as well as other similarly located parcels throughout the City would not develop as C-O uses; and for this reason, he would be opposed to a change of zone to C-O. Councilman Noe concurred in the statements of both Councilmen Harvey m~d Kenode, after which the following roll call vote was taken on Councilman Kanel's motion to adopt the first reading of the above Ordinance: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel and Bowen Harvey, Kenode and Noe None The motion failed to carry° It was moved by Councilman Kenode and seconded by Councilman Noe to disapprove the change of zone from C-1 to C-O. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode ~nd Noe Kanel and Bowen None RECESS: The Mayor declared a recess at 9:14 p.m. The~me=ingwas called back to order at 9:31 pomo, with all City Councilmen being present. PUBLIC WRARING RE: CREATION OF C-C (CIVIC CENTER)8VERLAY ZONE ADJACENT TO CYPRESS JUNIOR COLLEGE: The Mayor announced this wastbedtime and place for the Public Hearing to consider creating a C-C (Civic Center) Overlay zone ~in areas adjacent to and in the vicinity of the Cypress Junior COllege which are presently zoned for commercial and/or for multiple-family residential uses, initiated by the Cypress Planning Comanission. 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 March 18, 1969 indicating that the affidavits of publication, posting and mailing of the public hearing notices on this matter are on file in the office of the City Clerk and that no written con~nunications either in favor of or in opposition to the creation of this overlay zone have been received. The Planning Director then read into the record of the public hearing a report dated March 20, 1969 outlining the extent of the overlay zone and explaining the effect of this overlay zone on the surrounding properties. The Mayor asked if anyone in the audience wished to speak in favor of this Zone Change. Mr. Winston MacDonald, representing Dr. Robert F. MacDonald, 6151 Orange Avenue, Cypress, addressed the Council indicating that Dr. MacDonald has not developed his parcel of property on Orange Avenue as he had anticipated; and stating that Dr. MacDonald would wish to build a medical center on this parcel. In answer to an inquiry from Mr. MacDonald relative to the effect the C-C Overlay zone would have on his property, the Mayor explained that the only effect would be the requirement that he obtain a conditional use permit to allow the Planning ConmLission to exercise architectural controls on the structures- 257 City Council Minutes March 24t 1969 Mrs° Wanda Owens, 9402 Holder Street, Cypreas,i addressed the Council inquiring if this Overlay zone would require the~property._owner tO maintain a 100 foot setback for two. story structures constructed adjacent to residential develop- ments. The City Manager and Planning Director indicated that this action had previously been taken by the City Council and was not the.subject of the present public hearing. They further reviewed the provisions.of the Ordinance adopted by the Council which imposed the 100 foot setback requirement for two story structures, The Mayor asked if anyone in the audience wished to speak in opposition to the creation of this overlay zone. Mr. Mark L~ Wright, 6182 Lincoln Avenue, Cypress, addressed the Council speaking in opposition to the creation of a C-C overlay zone on his property since the added procedures required in processing a conditional use permit through the City would discourage any prospective purchasers and developers of his property. The Mayor explained that the conditional use permit would only require a public hearing before the Planning Comm{ssion and would not go before the City Council unless appealed. In response to questions from Mr. Wright, the Planning Director outlined the ex- tent to which architectural controls would be imposed on the construction of a building and further outlined the purpose of imposing these architectural require- ments~ Councilman Harvey stated that although he sympathizes with Mr. Wright's feelings relative to additional delays in the transfer of his property, he is cognizant of the fact that a conditional use permit can be processed through the Planning Commission within 30 days and he does not feel this is an unreasonable amount of time since it usually takes escrow longer than 30 days to close. In response to an inquiry from Councilman Harvey, the City Attorney explained the criteria followed by the City Architectural Control Committee in imposing architectural requirements on buildings. General discussion ensued concerning the authority of the Architectural Control Committee and Councilmen Kanel and Kenode indicated that the Council would assure that the Committee would not be too stringent in imposing architectural controls. Councilman Nee indicated that it does appear to property owners that there are many restrictions on development and that they have to go through many procedures to develop their properties. He further expressed a desire to know the opinions of the other property owners in the area relative to this zone° He also stated that the City does have to exercise some controls, but that he would concur with Councilmen Kanel and Kenode in that the extent of the controls exercised should be watched closely by the Council. There being no written cOn~nunications and no further oral protests, the Mayor declared the public hearing closed. It was moved by Councilman Harvey and seconded by Councilman Kenode 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, Nee 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 ZONING ORDINANCE NO. 90, BY CREATING A C-C (CIVIC CENTER) OVERLAY ZONE ON CERTAIN PARCELS OF LAND ADJACENT TO OR IN THE VICINITY OF THE CYPRESS JUNIOR COLLEGE. City Council Minutes March 24, 1969 It was moved by Councilman Harvey and seconded by CounuilmanKanode to adopt the first reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Kanode and Bowen NOES: 1 COUNCILMEN: N~e ABSENT: 0 COUNCILMEN: None CONSIDRRATIUN OF APPROVAL OF FINAL TRACT MAFNO. 5~73 (LARRIN COMPANY): The City Manager presented the Final Map for Trant .No. 5373.located southof Larwin Avenue, east of BloomfteldStreet, consisting of.6..007 acres and52 P-D Lots, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Public Works Director presented a report dated March 20, 1969 indicating that the Final Map for Tract No. 5373 has been found to be technically correct and reviewing several substantial variations between the approved Tentative and the Final Tract Map. The report further recommended approval of the Final Map by the City Council subject to the completion of various requirements. The Public Works Director requested that the first condition of approval be revised to read "1. Correct Final Map to maintain distances between buildings, as provided by Ordinance and to eliminate sn~roachments on sewer easement." He advised that this condition would assure that .the incorrect distances as indicated on the Tract Map would be corrected prior to recordation. The City Manager stated that the lot and building distances would have to conform to the conditional use permit requirements; and this conformance will have to be verified before any building permits will be issued. The City Manager further suggested that an additional condition No. 5 be added, as follows: "5. C.C. & R.'s to be revised~to provide for maintenance of the median strip by the Homeowners Association." Mro Arthur Resenthal, representing Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, addressed the Council stating that he agreed to the conditions imposed upon the approval of the Final Map. It was moved by Councilman Kanode and seconded by Councilman Nee to approve the Final Map for Tract No. 5373, accept the .bonds-and ~agreements in the amount of $35,300.00 and authorize the City Clerk to sign the Record Map upon completion of the following requirements: 1. Correct Final Map to maintain distances between buildings, as provided by Conditional Use Permit No. C-217, and to eliminate encroachments on sewer easement. 2o Approval of bonds and agreements by the City Attorney. 3o Complete corrections on improvement plans. 4. Agreement to above conditions by the developer. 5o CoC- & R's to be revised to provide for maintenance of the median strip by the Homeowners Association. Mayor Bowen indicated that although he had voted against Tanglewood Developments in the past, he would vote in favor of this Tract Map since it is one of the last units of the Tanglewood development. 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, Nee and Bowen None None City Council Minutes March 24, 1969 259 CONSIDERATION OF APPROVAL OF FINAL MAF:FD~ TP~CT NO. 5940 (LARWIN COMPANY): The City Manager presented Final Tract Map. No.~594011ecated,south .of Lincoln Avenue west of DenniStreat, consisting of 9.744 antes,and 50R-1 lots, requested by Let- win Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Public Works Director presented a report dated March 20, 1969 indicating that the Final Tract Map has been checked aad~fou~d~to be technically correct and in conformance to Tentative Tract Map No..594D The .report further reviewed various requirements to be imposed upon the approval of the Tract Map. The Public Works Director advised that the drainage improvements to be installed in conjunction with the development of thia, Tract will complete the final extension of the West Side drain south of Lincoln between Bloomfield and Denni. The City Manager indicated that the Staff is completing an analysis of the total reimbursement agreement program of which the drainage facilities in this Tract would be included° It was moved by Councilman Noe and seconded by Councilman Kenode to approve Final Tract Map No. 5940, accept the bonds and agreements in the total 'amount of $130,700.00 and authorize the City Clerk Go sign the record map upon completion of the following requirements: 1. Completion of corrections on street improvement plans for streets in Tract No. 5940 and the offslte street. 2~ Approval of bonds and agreements by the City Attorney. 3o No final inspections shall be made on any dwelling units until either the Master Plan Storm Drain is completed, or a temporary drainage solution satisfactory to the Cit~ Engineer is submitted and approved. 4. Agreement to the above conditions by the Developer. The mellon was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowart None None CONSIDERATION OF REQUEST FOR ADDITIONAL ENGINMERIN6'iBERVI~ES--2-A-3 STORM DRAIN CHANNEL: The City Manager presented areport dated March 20, 1969 review- ing a recommendation from the Orange CountyLFlood Control District to provide a rectangular channel for the 2-A-3 Storm Drain Channel rather than an open trapezoidal channel. The report further indicated that in order to proceed with this suggestion, it would be necessary to prepare an additional set of plans and specifications which, according tothe consulting engineer for this project, could be completed at a cost not to exceed $10,000. In response to an inquiry from Mayor Bowen, the Public Works Director outlined the data which would have to be included in the new set of plans and specifica- tions to include the rectangular section as an alternate bid. General discussion ensued relative to the increased costs which would be incurred by including the rectangular section as an alternate bid for this storm drain channel. The City Manager indicated that the City Council should give serious considera- tion to the Flood Control District's recon~nendation since the District is sharing in the construction costs of the project and has agreed to assume the maintenance responsibility for the facility upon its completion. Following discussion, it was moved by Councilman Noe and seconded by Councilman Kenode to authorize the City Manager and Public Works Director to instruct the firm of Voorheis-Trindle-Nelson, Inc. as engineering consultants for this Project, to prepare an additional set of plans and specifications required to include the rectangular section as an alternate bid for the 2-A-3 storm sewer project at a cost not to exceed $10,000. The motion was unanimously carried by the follow- ing roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None City Council Minutes March 24, 1969 C~SIDERATION OF APPROVAL OF.COMMERCIAL=W~RRAMT.AISTEOR WAREANTS NO. 20926 THROUGH 21036: It:was moved by Councilman Nee and. seconded by Councilman Kanode to approve the Com-Prcial Warrant List.forWarrants No+ 20926 through 21036 in the amount of $150,587.62. The motion was umanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, KSuel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF APPEOVALOF PLANS .AND SPE~[FISATIONS AND AUTHORIZATION TO ADVERTISE FORBIdS!FOR 20-A-1 STORM BRAIN: The Cit~ Manager presented a report dated March 21, 1969 from the Public IWorks Director outlining the necessity to approve plans and specifications and authorize the City Clerk to advertise for Bids for construction of the 20-A-1 Storm Drain located in unincorporated territory on the Los Alamitos Naval Air Station, the cost of which is estimated at $67,500. It was moved by Councilman Harvey and seconded by Councilman Noe to approve the plans and specifications for this project and authorize the City Clerk to advertise for bids with bids to be recei~edApril 23, 1969. The motion was unanimously carried by the following rollcall vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None CONSIDERATIONOF APPROVAL OF PLANSAND~SPEC~FtCATIONS ANDAUTHOEIZATIeN FOR LAgWIN COMPANY~TeA])VERTISE FeR!.BEDS:~!The City.Manager.presented a report dated March 20,=1969 from the Public Works .Director outlining the necessity to approve plans and'specifications and.to authorize LarwinCompany to adver- tise for bids fort he construction of a-sewage.pump. station for .Tract No. 6719o The plans and specifications have .been completed by Toups Engineering, and Larwin Company will advertise for bids and will award a contract, subject to the approval of the City Council. It was moved by Councilman Kanode and seconded by CouncilmanKanel to approve the plans and specifications for theSewagePump Station andto authorize the City Clerk to advertise for bids, with the City Councilto consider approval of award of contract at their meeting of April 7, 1969. THe motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None CONSIDERATION OF APPROVAL OF CHANGE. OPaER, Te!E~,E. WHITE FOR MOODY AND ORANGE IMPROVEMENT PPa~ECT:. The City Manager'.presenteda:ireportdated March 24, 1969 from the Public Works Director outlining .the necessity to effect a change order on the Moody-Orange Project to provide for a treatment of lime stabiliza- tiono It was moved by Councilman Harvey and seconded by Councilman Kanode to authorize the City Engineer to issue a change order to E. L. White, the Contractoron the Moody~Orange Street Improvement, to treat the subgrade on this project with lime at a cost of $.06 per square foot for atotal of $3,3?7.00. The rm3tion 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 261 City Council Minutes March 24, 1969 CONSInRRATION OF APPPaVAi OF RIGHT 8F EN=RY~AeREMNT WITH DEPARTMENT OF NAVY ACROSS LOS AL~,II~eS' NAVkL'A~R'STATIeN:!Tha!Ci=y~Mauager =eriewed a memorandum dated March 24, 1969 from the Public Works Director .transmitting aletter from the Director of the Reel Estate Division of=he Department of the Navy granting a revocable rlght=of entry for the purpose of exercising rights conveyed under the proposed grant of easement. ThisRight_of Entry is necessary for the con- struction of the 20-A-1 Storm Drain east of Valley View and south of 0rangewood across Naval Air Station property. It was moved by Councilman Noe and seconded by Councilman Harvey to approve the Right of Entry letter from the Department of the Navy and to authorize the Mayor to sign and the City Clerk to attest the Right of Entry letter on behalf of the City. 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 TO ORANGE CO~NTY. BeAR~OF SUPERVISORS RS: 'FINANCING OF CONSTRUCTION OF FLOOD CONTROL FACILITIES FOR ORANGE COUNTY: The City Manager reviewed a letter dated March 25, 1969 from the Orange County Flood Control District to the Orange County Board of Supervisors requesting its consideration of seeking additional financial assistance toeffect the construction of major flood control facilities in Orange County. Transmitted with this cormnunication was a memorandum dated March 21, 1969 from Chief Engineer H. G. Osborne request- ing the City to forward its con~nents regarding ,this matter .to the Orange County Board of Supervisors for consideration at its meeting of March 25, 1969. The City Manager outlined the effects the lackof financing for County projects would have on the City's flood control projects, and in particular,the City's storm sewer project which is being financed in part by the Federal Government, the City's storm drain bonds and the funds from the Orange County Flood Control District. He further indicated that the additionalfinancing requested by the Flood Control District would be obtained through a 20¢ tax increase. In response to questions from the City Council, the City Manager indicated that the County is participating financially in the construction of the Jonathan Channel° The Public Works Director further indicated that it would affect the construction of the cooperative flood control projects with the City of Stanton on the east side of Knott. Following discussion, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to request the Board of Supervisors to take whatever action is deemed appropriate to insure the continuation of the coopera- tive projects for construction of vitally needed flood control facilities of the Orange County Flood Control District with the cities of the County,and to further advise the Board of Supervisors of the local measures the City of Cypress has taken, such as the flood control bond issue, to insure the construction of urgently needed flood control facilities. ORAL COMMUNICATIONS: There were no oral communications presented at this time. In response to a question from Councilman Kanode, the City Manager indicated that a citizens' committee had been formedin the City of La Palma and would besub- mitting its recommendations relative to the Cypress Park and Recreation District. A copy of these recommendations will be made available to the City Manager's office upon completion. City Council Minutes March 24, 1969 In response to a question from Councilma~ Kanode, the City Manager advised that separate letters had been sent to each member oftheBoard of Directors of the Cypreqs County Water District advtsing~them:.ofthe.action~takenby the City Caxinc~l relativetodissolution~ofthe. Distri~t;however~no indication has been received from the District relativeto a meeting to discuss this matter. In answer to an inquiry from Councilman Kanel, the City Manager indicated that the parkways would be cleaned as soon as the emergency work has been completed on the storm drain channels and streets to correct the damage caused by the recent rains. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kanode and unani~usly carried to adjourn the meeting at 11:00 p.m. to Monday, April 7, 1969 at 4:00 p.m. in the City Council Chambers, 5275 Orange Avenue, Cypress. MAYOR OF THE CITY OF CYPRESS ATTEST: / CITY C~L RK ~F THE Ci~Y OF CYPRESS. E O