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Minutes 69-04-07MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 7, 1969 An adjourned regular meeting of the Cypress City Council was called to order at 4:00 p.m,, April 7, 1969, in the City Council Chambers, 5275 Orange Avenue, Cypress, with Notices having been posted as required by law, with Mayor Richard L. Bowen presiding, PRESENT: Councilmen Harvey, Kanel, Kenode, Noe and Bowen ABSENT: None Also present were City Mesaget/City Clerk Dartell Essex, City Attorney James E. Erickson, Administrative Assistants Gene Poertner and Douglas Dunlap, Public Works Director Arthur Schatzeder, Planning Director George Putnam and Building Superintendent Tom Nudson. MINUTES: Councilman Harvey requested that the following statement be added to the first paragraph on page 15 of the Minutes of the meeting of March 24, 1969: "Council- man Harvey further stated that since the C~O uses are permitted in the C-1 Zone, he could see no reason for a change of zone to C-O." Councilma~ Harvey also requested that the last line in the seventh paragraph on page 16 of the MInutes of the March 24, 1969 meeting be changed to read as follows: ". . . time since it usually takes escrow longer than 30 days to close." It was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to approve the MInutes of the mating of March 24, 1969 as corrected. The City Manager indicated that the Cypress County Water District Board of Directors has gone on record authorizing its aZtorneys and, engineers to take all steps necessaryto prevent the dissolution of the Cypress County Water District. The City Council members expressed their concam over the seemingly unlimited authority which the Board of Directors invested in their attorneys and engineers to prevent the dissolution of the Distric~ and over the possibility of the Board's action including the authority to initiate litigation proceedings which would subject the taxpayers of the City to the responsibility of having to assu~ the court costs for both the District and the City, in addition to the added burden of double taxation to which they would be subjected until this matter had been resolved in court. Upon the request of the City Attorney, it was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to go into an Executive Session at 4:15 p.m. for the purpose of discussing threatened litigation and to further discuss the settlement of the Pahland and Baker cases. The meeting was called back to order at 5:14 p.m., with all City Councilmen in attendance. Itwas moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to place consideration of arequest for settlement of the Baker condemeation~ which is a portion of the condemation action known as City of Cypress vs. Gouyd et el, as Item No. 27 (a) on the agenda. It was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to place consideration of the status report on the dissolution of the Cypress County Water District as Item No. 31 on the agenda. The City Manager indicated that Mrs. Chester Gutzman,who is a resident of Cypress, has been named Orange County Woman of the Year, following which it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to place consideration of recognizing this achievement on the agenda as Item No. 32. 264 City Council Minutes April 7, 1969 The City Manager reviewed the status of Annexation No. 69-3, which includes the property for the proposed Post Office development, and indicated that one of the property owners in this Annexation has requested the Council to request the Local Agency Formation Con~ssion to continue its consideration of this matter for a 30-day period. This request was made due to the fact that the property owner is having difficulty in receiving information from the Post Office Department relative to constructing the Post Office on his property. Mayor Bowen indicated that since the Local Agency Formation COmmiSsion determines only whether or not the property is contiguous and is a logical.extension of the City's boundaries, he could not see the value of requesting a continuance of the hearing before the Commission~ In response to a question from Councilman Kanel, the City Manager advised that he was attempting to contact one of the major property owners on this matter and that he hoped to meet with this property owner prior to the hearing before the Local Agency Formation Commission. General discussion ensued relative to whether it would be more appropriate to request a continuance of this matter at the Local Agency Formation Com~nission meeting or consider a continuance at the time it is presented before the City Council. In response to questions from the City Council, the City Attorney advised that although not specifically established, ~ublic hearings before the City Council are usually not continued for a period longer than 90 days. Following considerable discussion as to the advantages and disadvantages of requesting a continuance of the hearing on Annexation No. 69-3 before the Local Agency Formation Co~m~ssion, it was moved by Councilman Kanode, seconded by Councilman Kanel and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Kanode and seconded by Councilman Kanel to request the City Manager to advise the Local Agency FormAtion Comm4ssion Of this re- quest for a continuance of the Public Hearing on Annexation No. 69-3 before the Local Agency Formation Commission and to indicate to the Commission that although the City is anxious to proceed with this Annexation, it would not be opposed to the granting of a 30-day extension of the Hearing. The motion was carried, with Councilman Noe abstaining from voting since he is a member of the Local Agency Formation Commission. The City Manager and Planning Director reviewed a proposal whereby the City would participate with the developer of Tentative Tract No. 6657 in acquiring through condemaatton proceedings a parcel of property adjacent to this Tract which could be utilized for the development of a neighborhood park and for the extensionof one of the streets in the tract to provide an additional access street through the Tract. General discussion ensued relative to the scheduling of the Budget meeting for the 1969-70 Budget and it was decided to commence Budget discussions on 3une 4, 1969 with the discussions to proceed through the weekend of June 7 and 3une 8. The City Manager presented a communication dated April 3, 1969 from the Orange County Council of the Southern California Chapter of the National Multiple Sclerosis Society requesting the City Council to proclaim May 11 through June 15, 1969 as Multiple Sclerosis Month. He also presented a communication dated April 2, 1969 from the V.F.W. Auxiliary requesting the City Council to proclaim May 1, 1969 as Loyalty Day in the City of Cypress. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to place these matters on the agenda for consideration at this time. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to proclaim May 11 through June 15, 1969 as Multiple Sclerosis Month in the City of Cypress, and to proclaim May 1, 1969 as Loyalty Day in the City of Cypress. - 2 - City Council Minutes April 7, 1969 It was moved by Councilman Noe, seconded by Councilman Kanel to consider Item Noo 25, the Report from the Legislative Review Committee at this time. It was moved by Councilman Noe and seconded by Councilman Kanel to approve the Report of the Legislative Review Commf tree. The motion was carried, with Councilman Harvey abstaining from voting. RECESS: It was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to recess at 5:55 p.m. until 7:30 p.m. that evening. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: ABSENT: Councilmen Harvey, Kanel, Kenode, Noe and Bowen. None Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, Administrative Assistants Gene Poertner and Doug 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 APPROVAL OF AWARD OF CONTRACT BY ORANGE COUNTY ROAD DEPARTMENT FOR THE IMPROVRMRNT OF FATELLA FROM 2668 FEET WEST OF VALLEY VIEW TO KNOTT: The City Manager presented a report dated April 3, 1969 from the Public Works Director indicating that the Orange County Road Department received bids for construction of Katella Avenue from 2668 feet west of Valley View to Knott and that John B. Ewles, Inc. submitted the low bid in the amount of $262,721.52, which is 13.8% over the Engtneer's estimate. The report further indicated that the City has budgeted sufficient funds for the construction of this Project, but will not have sufficient monies to reimburse Orange County for the contract administration until the State Division of Highways has approved the City's request for an additional allocation, which will not be accomplished until May of 1970. In the interim, it was suggested that the City request the County not to bill the City for its share of the costs until the State has acted on the request for additional allocation of funds. It was moved by Councilman Harvey and seconded by Councilman Noe to approve the award of contract to the low bidder, 3ohn B. Ewles, Inc., for the City's portion of the improvement of Katella Avenue from 2668 feet west of Valley View to Knott at a cost of $262,721.52 for the Ctty's share of the project, and to authorize the City Engineer to request the County of Orange to defer billing for the Ctty's share of the costs until the State Highway Commission has acted on the City's request for an increased allocation of Section 143.3 fonds. 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 ORAL COMMUNICATIONS: There were no oral communications presented at this time. COMMUNICATION FROM CALIFORNIA ROADSIDE COUNCIL RE: POLICY AND PROCEDURE MEMORANDUM OF FEDERAL HIGHWAY ADMINISTRATISN: The City Manager reviewed a communication dated March 11, 1969 from the California Roadside Council transmitting a copy of the new Policy and Procedure Memorandum of the Federal Highway Administration which was implemented in January of 1969. In the communication, it is suggested that an expression of approval be transmitted to the Secretary of Transportation and to the Federal Highway Administrator to insure that these new policies and procedures will be carried out. The City Manager indicated that the controversial appeal provision has been deleted, but that the requirement for two public hearings has been retained. - 3- City Council Minutes April 7~ 1969 It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to authorize the City Manager to indicate the City Council's support of these new policies and procedures in reference to freeway design and location, as requested by the California Roadside Council. COMMUNICATION F~DM METI{OPOLI~AN TRANSPORTATION ENGINEERING BOARD RE: MINUTES OF MEETING 8F E~,~b~I~E COMMITTEE: Theeit~ M~na~er i~dieated that the City has received copies ofthe'Minutes of the M~trope~itan Transportation Engineering Board Executive Committee Meeting held.on Sep=embe~26, 1968, January 9, 1969 and March 13, 1969. Copies of theseMinutes are on file in the office of the City Clerk. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried these Minutes be received and filed. RESOLUTION FROM ORANGE COUNTY DIVISION OF T~E LEAGUE OF CALIFOI~NIA CITIES RE: AIRPORT LAND USE CO~4ISSION: The City Manager presented a Resolution from the Orange County Division of the League of California Cities endorsing the committee report relative to the Airport Land Use Commission and recommending the establishment of an Airport Land Use Commission merging the present Airport Commission with the State Mandated Land Use Commission, with a combined member- ship of seven. This Commission would be advisory only and would be authorized to analyze and make reco~nendations on all matters pertaining to air transporta- tion problems. The City Manager stated that the League has requested each City Council to take a position on this matter prior to the April 10th meeting of the League of Cities Executive Committee, at which time all the cities in the County will be requested to vote on this matter. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to support the proposed Resolution of the Orange County League of Cities endorsing the Committee Report regarding the Airport Land Use Commission and to authorize the City's representative to the Orange County League of Cities to vote in favor of this measure at the April 10th Executive Committee Meeting. RESOLUTION FROM ORANGE COUNTY LEAGUE OF CITIES RE: AUTHORIZATION FOR LOCAL AGENCY FORMATION CO~4ISSION TO INITIATE UNINCORPORATED. ISLAND ANNEXATIONS: The City Manager presented a Resolution from the Orange County League of Cities urging legislation permitting the Local Agency Formation Commission to initiate unincorporated island annexations. The City Manager indicated that in its previous consideration of this matter, the City Council requested that addi- tional studies be made of all alternatives available in resolving the problems of County unincorporated islands and suggested that these further studies be made available before taking a position in reference to this matter. In response to a question from Councilman Harvey, the City Manager stated that to his knowledge the Executive Committee of the League has not considered other alternatives for the annexation of unincorporated islands. Following discussion as to the position taken by other cities on this matter, the City Manager reviewed the Minutes of the Executive Committee meeting which indicated that nine cities supported this proposal, four cities were opposed and two cities requested additional studies. Councilmen Harvey indicated that in view of the fact that the Council has not received additional studies in reference to this matter, he would move to request the City's representative to the Orange County League of Cities to request that additional studies be made of all alternatives available in resolving the problem of County unincorporated islands and suggested that these further studies be made available before taking a position inreference to this matter° Councilman Kanel seconded this motion° General discussion was then held as to whether or not the City's representa- tive should abstain from voting on this matter at the Executive Committee meeting° -4- City Council Minutes April 7, 1969 In response to a request from Ceuncilman Kanel, the City Manager clarified the authority which would be delegated to the Local Agency Formation Commission under this proposal. Councilman Kanel indicated that since a majority protest could stop annexa- tion proceedings and defeat an annexation, he would not be opposed to this proposal and would not wish the City's representative to the League of Cities to abstain from voting. The following roll call vote was then taken on Councilman Harvey's motionl AYES: 2 COUNCILMEN: Harvey and Kanode NOES: 2 COUNCILMEN: Kanel and Bowen ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Noe RESOLUTION FROM ORANGE COUNTY LEAGUE OF CITIES RE: STAFF FOR THE LOCAL AGENCY FORMATION,COMMISSION: The City Manager presented a Resolution from the Orange County League of Cities requesting that the Board of Supervisors provide full-time staff for the Local Agency Formation Commission. It was moved by Councilman Harvey and seconded by Councilman Kanel to approve the proposed Resolution from the Orange County League of Cities as submitted and to authorize the City's representative to the Orange County League of Cities to vote in favor of this measure at the April 10th Executive Committee meeting. 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 COMMUNICATION FROM ORANGE COUNTY FIP, EMEN~S.ASSeCIATION. RE:, PROCLAMATION OF ORANGE COFNTY FIREMEN'S BAY:The City Manager reviewed a communication dated March 24, 1969 from Mr. John H. Batken on behalf of the Orange County Firemen's Association announcing the eighth annual California Fire Show to be held June 14, 1969 at the Orange County Fairgrounds and requesting the Mayor and City Council to proclaim Saturday, June 14, 1969 as Orange County Firemen's Day. It was moved by Councilman Kenel, seconded by Councilman Noe and unanimously carried to proclaim Saturday, June 14, 1969 as Orange County Firemen's Day, COMMUNICATION FROM ~ITY OF BUENA PARK RE: BRANCH SUPE~IOR COURTS IN NORTH ORANGE CO~',ITy~ The City Manager'presanted..aeemtntcatinn dated March 25, 1969 from the City of Buena Park transmitting a Resolution of the Buena Park City Council endorsing the concept of a comprehensive study to determine the need for branch superior courts in North Orange. County. This action by the Buena Park City Council was in response to a request from the City of Fullerton to support the enlargement of the existing court located in the City of Fullerton. The City Attorney reviewed the background for the request for the expansion of the Superior Court facilities in Fullerton and indicated that the Fullerton Court should either be expanded or closed. He further indicated that the expansion or closure of the Court would have no effect upon the City of Cypress. General dis cussion ensued relative to the effects of this matter upon the City of Cypress, following which it was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried the communication from Buena Park be received and filed. COMMUNICATION FROM CYPRESS JUNIOR COLLEGE liE: OVERLAY ZONE ADJACENT TO CYPRESS JUNIOR COLLEGE CAMPUS: The City Manager presented a connnunication dated March 28, 1969 from Dr. Daniel G. Walker, President of Cypress Junior College, in which he com~Rnded the City Council on the adoption of the Ordinance creating a Civic Center Overlay zone adJ scent to the Cypress Junior College campus. It was moved by Councilman Kenel, seconded by Councilman Noe and unanimously carried, this communication be received and filed. -5 - City Council Minutes April 7, 1969 COMMUNICATION FROM ORANGE COUNTY LEAGUE OF CITIES RE: INCREASE IN TAX LIMIT OF THE ORANGE COUNTY FLOeD CONTROL DISTRICT: The City Manager presented a communication from the Orange CoUnty League of Cities transmitting a Resolu- tion supporting legislation for an increase in the twenty cent tax limit of the Orange County Flood Control District. The Resolution requests each City in the County to take a position in reference to this matter prior to the April 10th Executive Committee Meeting of the Orange County League of Cities. The City Manager reviewed the City Council's previous action in requesting the Board of Supervisors to take whatever action was deemed appropriate to obtain additional funds to insure the continuation of City-County cooperative flood control projects, and indicated that the Board of Supervisors went on record at its meeting of March 25, 1969 to seek State legislation authorizing a raise in the tax ceiling of the Orange County Flood Control District to repair damage and to improve the Flood Control District's facilities. General discussion was held regarding both the time limitations and the extent of the tax ceiling increase which has been proposed by the Board o[ Supervisors, which proposes that such increase be limited to not more than ~en cents on the county tax rate for three years, and to not more than five cents aftd~-three years~ It was moved by Councilman Kanel and seconded by Councilman Noe to support the action of the Board of Supervisors in seeking State legislation to provide additional funds for flood control facilities and to authorize the City's representative to the Orange County Division of the League of Cities to indi- cate this support by voting in favor of the proposed Resolution prepared by the Orange County Division of the League of California Cities. 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 COMMUNICATION FROM ALCOHOLIC BEVEILA~E CON~PaL BOARD RE: PREMISE TO PREMISE TRANSFER OF ON-SALE BEER, ANB+ W[NE.EICENSE"(PIBEAPALACE RESTAURANT): The City Manager reviewed notificationl from the Department of Alcoholic Beverage Control of an application for a premise to premise transfer of an on-sale beer and wine license by Orion-Western Corporation to the Pizza Palace Restaurant, 4009 Ball Road, Cypress. The Police Department has completed an investiga- tion of the applicant and finds no legal cause to protest this application. It was moved by Councilmen Harvey, seconded by Councilmen Noe and unanimously carried,this notification be received and filed. REQUEST FROM CYPRESS,AMERICAN LEGION POST 295 RE: LAW AND ORDER WEEK: The City Manager presented a request from Cypress American Legion Post 295 for the Mayor and City Council to proclaim the week of April 20 through April 26, 1969 as Law and Order Week in the City of Cypress. It was moved by Councilman Noe, seconded by Councilman Kanel to proclaim the week of April 20 through April 26, 1969 as Law and Order Week in the City of Cypress, The City Manager indicated that Items 13, 14 and 15 were included in the Report from the Legislative Review Committee and had been considered during the afternoon session of the City Council meeting. CONSIDERATION OFAPPROVAL OF TENTATIVE TRACT MAP NO. 6657 (ARMOUR BUILDING COMPANY): The City Manager presented Tentative Tract Map No. 6657 located at the southeast corner of Holder and Cerritos, consisting of 212 R-1 lots, 37.42 acres, requested by Armour Building Company, 2731 West Lincoln Avenue, Anaheim, California. The Planning Director presented a report dated April 4, 1969 outlining the boundaries of the Tract and reviewing various conditions of approval recom- mended by the Planning Conmission. The Planning Director further stated that Condition No. 26,as amended by the Planning Commission, should be deleted and the original condition imposed should be substituted. It was further requested that Condition No. 26 also contain the following provision: -6- City Council Minutes April 7, 1969 "A bond shall be posted for the development of a future wall along the south boundary of the tract and for the vertical extension of the north wall of the flood control channel." This condition is necessary since the Flood Control District intends to build a rectangular channel in this area and the walls surrounding the channel would be designed high enough only to contain the flow of water, which would mean that the top of the wall would be some distance below the adjacent ground. Therefore, in order to be able to use eight feet on the end of the lots abutting the channel, it will be necessary to extend the wall of the channel~ The City Manager stated that Condition No~ 26 had been reworded by the Planning Commission in an attempt to simplify the condition; however, in reviewing the re-worded condition, the Planning Director, Public Works Director and City Manager had felt that the specific requirements should be outlined for the developer. The Planning Director then reviewed the proposal to cooperate with the developer in the acquisition of an additional parcel of land to be used for park and street purposes. In response to a question from Mayor Bowen, Mr. Larry Amour, of Armour Building Company, Inco, 2731 West Lincoln Avenue, Anaheim, Cali fornla, addressed the Council explaining the proposal for development of this property. Councilman Harvey stated that although he is opposed to the development of lots that are less than 5,000 square feet, he would not be opposed to this particular development since the lot layout compensates for the smaller lot sizes. In response to a question from Councilman Harvey, the Planning Director advised that fencing is being required around the park only where the park abuts a private residence. The Planning Director further reviewed access walks and drives to the park from all areas of the tract, It was moved by Councilman Kanel and seconded by Councilman Noe to approve Tentative Tract Map No. 6657, subject to the following conditions: 1. Interior street structural sections to be based on recommendation and soils report by soils engineering firm acceptable to the City Engineer with aToI. of 5 for streets with 40' of paving and a T.I. of 4.0 for streets with 36' of paving° 2. Drainage shall be solved to the satisfaction of the City Engineer, including the drainage of adjacent properties. 3o A 3' parkway easement shall be provided behind and adJacent to all sidewalks on interior streets, This parkway easement shall not be more than S½' in depth behind the face of the curb. 4. All 51' streets shall be improved with 40' of paving curb to curb. All 47' streets shall have 36' of paving curb to curb. 5. Developer shall dedicate a 20' wide strip storm drain easement along the entire southerly boundary of the tract with the deed to be submitted prior to the approval of the first final map. 6. Drainage fees shall be paid in accordance with the Master Plan of Drainage, 7. Street trees type and size to be determined by the City staff. 8. All streets shall be dedicated and improved within the boundary of the tract° 9.5' sidewalks are permitted adjacent to the curbs on all interior streets. 10. Four foot tree wells shall be required on all streets having walks adjacent to the curbs, per City standards. 11- All lots, excepting the lot to be dedicated for park purposes, shall drain to the front street at a minimum 1% grade. 12o The blue border shall be to the ownership of the property. 13. Retaining walls shall be constructed where required by a one foot grade differential on the tract boundary. 14o The developer shall provide a minimum 38' curb radius on all cul- de-sacs° 15o Property line radii shall be to the satisfaction of the City Engineer. - 7- City Council Minutes April 7, 1~69 16. Any required retaining walls shall have footings designed for an extension to an ultimate 6' in height. 17. Water system to be a circulating type, as approved by the City Engineer. 18. Driveways on all "key" lots shall be located at the farthest distance from the rear of the reverse corner lotn 19. Entire street frontage on Carritos and Holder to be dedicated and im- proved in accordance with the Master Plan of Arterial Highways, except- ing the "Not a Part" area of the tracto 20. An asphalt walkway shall be constructed with the first unit of tract development along the Cerritos Avenue frontage. 21. Ferne Avenue shall be extended to "B" Street. 22. Location of all street furniture shall be approved by the City Engineer. 23. Advance street light energy charges shall be paid. 24° The developer shall provide a street lighting system approved by the City Engineer° 25~ Vehicular and pedestrian access shall be dedicated to the City for those units abutting Holder Street or Cerritos Avenue° 26~ A 6' high ornamental concrete block wall shall be constructed along the westerly and northerly perimeter of the tract° No wall is required along the east property line of the tract and a cash bond shall be deposited for the development of a future wall along the south boundary of the tract. A chain link fence is required to be constructed along the south boundary of the tract at this time. A 6' concrete block wall shall be constructed around the perimeter of the park site, excepting at the street frontages. The openings from the cul-de-sacs to the park site shall be approved by the Planning Director. A bond shall be posted for the development of a future wall along the south boundary of the tract and for the vertical extension of the north wall of the flood control channel° 27~ The subdivider shall be responsible for the entire cost of regrading the channel from Valley View to Holder. The subdivider shall be res- pondible for cleaning up the channel from Holder to the east boundary of the tract. The Flood Control District shall be requested to parti- cipate on a fifty/fifty basis in the confete conduit box under Valley View Street° ~n the event the Flood Control District will not parti- cipate, the City and the developer will participate in the construction of the box with the City paying 2/3 of the cost and the developer 1/3 of the cost with no reimbursement agreement for his expenditure. 28. The developer shall improve the fromrage of that portion shown as "Not a Part" with the City to pay for the paving to the gutterline and the developer to pay for all other ultimate improvements. The owner shall dedicate the necessary right-of-way~ 29. Optional design fees shall be determined and paid prior to the submittal of the final map for City Council approval. Optional de- sign fees shall be used for the development of the park. 30. Elevations and plot plans of dwellings shall be approved by the Plan- ning Commission and City Council prior to approval of final map. 31. Park shall be dedicated on final map and bonds shall be posted to ensure development. Design of park to be approved by Planning Director. The metion 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 Noe and seconded by Councilman Kanode to place consi- deration of the request of the developer and staff to pursue a study of the possibility of acquiring additional property in cooperation with the developer to provide for the extension of Street "A" and for the acquisition of additional area for park purposes on the agenda at this time° In response to an inquiry from Councilman Kanel, the City Manager advised that there would be no expense involved at this time, except for Staff time, to under- take a study as to the financing and implementation of this proposal, which would be presented for City Council consideration at a later date. Councilman Noe~s motion was then unanimously carried. - 8- City Council Minutes 2 April 7, 1969 It was moved by Councilman Noe and seconded by Councilman Kanode to request the Staff and developer to pursue a study of the possibility of acquiring additional property in cooperation with the developer to provide for the extension of Street "A" and for the acquisition of additional area for park purposes~ In answer to a question from Councilman Harvey, the City Manager stated that any studies conducted on this matter would include discussions with both the developer and the property owner. Councilman Noe's motion to request the study 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 C(XqSIDERATION OF APPROVAL OF AWARD OF CONTRACT FOR SEWAGE PUMP STATION ON THE SOUTH SIDE OF ORANGEWOOD WEST OF VALLEY VIEW: The City Manager presented a report dated April 7, 1969 from the Public Works Director indicating that bids will be received by Larwin Conmany on April 10, 1969 for the construction of a sewage pump station on the south side of Orangewood west of Valley View and requesting permission for the City Manager and City Engineer to give preliminary approval to the developer for award of the contract for the construction of this pump station, with formal approval to be considered by the City Council at its meeting of April 28, 1969. The City Manager indicated that the preliminary approval of the award of the contract would serve as assurance to the low bidder that the project would proceed° It was moved by Councilman Kanode and seconded by Councilman Noe to authorize the City Manager and City Engineer to review the bids received by the developer for the sewage pump station on Orangewood Avenue west of Valley View and to give preliminary approval for award of contract to the lowest and best bidder, with formal authorization to be considered by the Council at its regular meeting of April 28, 1969o 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 AGREEMENT Wt~H eALIFORNIA DIVISION OF HIGHWAYS FOR STORM SEWER PED3ECT WS-6-OS-030~*{CITY PROJECT 6854-10): The City Manager presented a report dated April ~, 1969 from the Public Works Director indicating that the California Division of Highways has consented to participate in the cost of a portion of the Storm Sewer Project within the State right-of-way on Lincoln Avenue at Moody Street in an amount estimated at $5,790~00. In order to obtain the State's participation, it will be necessary to enter into an agreement, the form of which has been reviewed and approved by the City At t o rney. It was moved by Councilman Noe and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 959 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 -9 - City Council Minutes April 7, 1969 CONSIDERATION OF APPi~DVAL OF PLANS AND SPeCIfICATIONS AND AIFfHOI~IZATION TO ADVERTISE FOR BIDS--EXTENSIeN OF 2-A-2 STeRM DRAIN THROUGH TRACT 5940 (CITY PROJECT 6937-28): The City Manager presented a report dated April 2, 1969 from the Public Works Director reviewing the need to approve the plans and specifications prepared by Toups Engineering, Inc., for the extension of the 2-A-2 Master Plan Storm Drain through Tract No. 5940 behind the Arnold School. This storm drain, the cost of which is estimated at $33,994~00, is designed to provide drainage for the property at the southwest corner of Lincoln and Denni ~ It was moved by Councilman Kanel and seconded by Councilman Noe to approve the plans and specifications for the Extension of the 2-A-2 Storm Drain through Tract 5940 and to authorize the City Clerk to advertise for bids, with bids to be received on May 7, 1969, and award of contract to be made at the City Council meeting of May 12, 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 JOINT USE ~REEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY:=,.The City Manager presented a report dated April 3, 1969 outlining the necessity to enter into an agreement with the Southern California Edison Company, whereby the Edison Company would quit claim to the City all of the Company's interest in Juanira Street within the ultimate street right- of-way from Orange to 1351 feet south of Orange and would in return receive similar easement rights in the parkway area outside of the traveled roadway. General discussion was held relative to placing this utility pole underground, following which it was moved by Councilman Kanel and seconded by Councilmen Noe to approve the Joint Use Agreement with Southern California Edison Company, and to authorize the Mayor and the City to execute the Agreement, subject to the approval as to formby the City Attorney. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None CONSIDERATION OF REPORT ON STATUS OF DRAINAGE FUNDS: The City Manager presented a report dated April 3, 1969 reviewing the status of the unpaid reimbursement agreements and estimating the amount of funds to be deposited in the Master Plan of Drainage account upon development of remaining R-1 and school properties. The report also presented three MaSter Plan Storm Drain facilities which will be required to be constructed prior to subdivision development and which could be financed either through drainage reimbursement agreements or through the use of storm drain bond funds. These drains include the 20-A-1 Storm Drain across the Naval Air Station which is estimated to cost $72,500; the 2-A-2 Storm Drain which is the northerly extension of the West Side Drain and which is estimated to cost $34,000; and the 7-A-1 Storm Drain from Valley View south of Orange to the Carbon Creek Channel which is estimated to cost $38,000° The City Manager stated that these three projects are estimated to cost a total of $144,500 and that it appears that sufficient monies will be collected from drainage fees to reimburse the developers for the construction of these Master Storm Drain facilitieso He further indicated that although a balance of over $200,000 will remain in the Bond Fund Account upon completion of the current storm drain projects, it does not seem advisable to commit these funds for the construction of storm drain facilities which can be financed through the drainage fee program. In response to a question from Mayor Bowen, the City Manager advised that the City had included the Tank Farm as one of the undeveloped areas from which the City will ~otain drainage fees. He further indicated that there are approximately 175 acres of land which are currently undeveloped on which drainage fees could be collected through requirements of variances, conditional use permits and division of land applications~ - 10 - City Council Minutes April 7, 1969 Following general discussion relative to time element in the completion of the City's reimbursement obligations, the City Atterney advised £hat the City's responsibility for reimbursement is only to the extent that funds are made available° It was moved by Councilman Noe and seconded by Councilman Harvey to request the City Attorney to prepare drainage reimbursement agreements for the drains designated as 20-A-l, 2-A-2 and 7-A-1. The m~tion 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 CQNSIDERATION OF REQUEST TO THE CYPRESS CIVIC CENTER CORPORATION TO EMPLOY AUDITOR: The City Manager presented a report dated April 4, 1969 outlining the necessity for the Cypress Civic Center Corporation to employ an auditor to complete a financial report and informational income tax return for the Corpora- tiono The report indicated that most non-profit corporations similar to the Cypress Civic Center Corporation employ independent auditors to prepare these financial statements and reviewed a proposal submitted by the City's Auditors, Diehl, Evans and Company, to perform this work for the Corporation for an amount of $1,000D Future annual audits would require an expenditure of approximately $300. The City Manager indicated that under the terms of the Lease with the Corporation, the City would be required to provide the funds for the auditor's services. He further stated that in reviewing this matter with the Finance Director, it appears that Diehl, Evans and Company are well qualified to complete this work. It was moved by Councilman Kanel and seconded by Councilman Noe to request the Cypress Civic Center Corporation to employ the services of Diehl, Evans and Company as auditors for the Corporation bond funds, at a cost not to exceed $1,000o 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 Kanel and seconded by Councilman Noe to authorize the transfer of $1,000 from the Reserve for Capital Improvements to the Government Buildings Contractual Services Account~ The metion 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 CLAIM FOR DAMAGES--MI614AEL MARTIN: The City Manager presented a report dated April 3, 1969 reviewing a Claim for Damages which has been filed by Attorney Jo Lo Ballard for Michael Martin in the amount of $10,535.00 for alleged damages based on false arrest and imprisonment of the Claimant on or about December 23, 19680 The City Manager also presented a Report from the Police Chief su~narizing the Police Department's action in reference to this matter which concluded that the Claim should be considered without merit. General discussion ensued among the City Council members relative to the con- tents of the Claim and the events surrounding the filing of the Claim, follow- ing which it was moved by Councilman Noe and seconded by Councilman Kanode to officially deny the Claim for Damages dated March 26, 1969 from Attorney J. L. Ballard on behalf of Michael Martin and to request the City Manager to notify the City'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, Kanode, Noe and Bowen None None - 11- City Council Minutes April 7, 1969 CONSIDERATION OF REQUEST FOR AWTHORIZATION TO PURCHASE POLICE VEHICLES: The City Manager presentode report dated April 4, 1969:zev~ewing the necessity to purchase six additional police vehicles prior to the availability of the 1970 models and outlining a proposal, whereby these six vehicles could be purchased through a cooperative purchasing agreement with the State at a total cost of $15,696. This price includes the unit price, plus sales tax, installation of power steering, repainting and the costs incurred in delivering the vehicles to Cypress from Sacramento. The City Manager indicated that although the expenditure for these vehicles will not be made until the 1969-70 fiscal year, the funds should be encumbered at the time the purchase order is issued. It was moved by Councilman Harvey and seconded by Councilman Kenode to authorize the issuance of a purchase order for the purchase of six police vehicles from the General Services Department of the State of California. 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 and seconded by Councilman Kanodeto authorize the transfer of $15,700 from the Reserve for Capital Improvements to the Capital Outlay Automotive Account in the Police Department. The m~tion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN,: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None CONSIDERATION OF REQUES[ TO AT=BNB MAYeRS~:,.AND .CO~NCILMEN'S INSTITUTE ~D TO E~NE ~8 OF. 8~E,,Be~. OF Sq~tZ~ISN;: . ~e City ~aSer presented a report dated ~14, 1969 req~stin$ curbs=ira=ion Tot the City Manager to attend the Ma~ors' ~d Councilmn's Institutein Sacrmnto on April 14 through ~rtl 16, 1969. ~e City M~ager in~caced ~at he would utilize this opportunity to confer with the Housing ~d Urb~ Develop~nt officials in S~ Francisco on mtters pertaining to the City's flood control proJect,~d to review the records of the State Board of Equalization in reference to the sales tax revenue of the City. It was moved by Councilman Kanode and secondedby Councilman Kanel to authorize the City Manager to attend the Mayors' and Counailman's Institute in Sacramento on April 14 through April 16, 1969 and to be reimbursed for his actual and necessary expenses. 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 Kenode and seconded by Councilman Noe to adopt the following Resolution by title on!y, title as follows: RESOLUTION NO. 958 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE STATE BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA TO DISCLOSE INFORMATION. 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 - 12 - City Council Minutes April 7, 1969 CONSIDERATION OF APPROVAL OF COMMERSI~t WARRANT LIST FOR.WETS NO. 21037 THROUGH 21123: It was moved by Councilm~m Kanode and sacondad by Councilman Noe to approve the Commercial Warrant List for Warrants No. 21037 through 21123 in the amount of $89,213.07. Them orion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN': ASSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None CONSIDERATION OF SETTLEMENT 8F BAKER! CONDEMNATION: It was moved by Councilman Noe and seconded by Councilman Harvey to authorice the City Manager and City Attorney to settle the Condeumation litigation with Mr. Baker for a total consideration of $1,818, which is the appraised value and offer originally submitted. 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 SECOND READING ORDINANCE RE: ANNEXATION N8~ 68-2: It was moved by Councilman Harvey and seconded by Councilman Noe to read the following Ordinance bytitle only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None Title of the Ordinance is as follows: ORDINANCE NO. 409 AN ORDINANCE OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED AS "ANNEXATION NO. 68-2" TO THE CITY OF CYPRESS. It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None SECOND READING ORDINANCE RE: ANNERATION Ne;68-3: It waslmoved by Councilman Harvey 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, Kanode, Noe and Bowen None None Title of the Ordinance is as follows: ORDINANCE NO. 410 AN ORDINANCE OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN UNINHASITED TERRITORY, DESIGNATED AS "ANNEXATION NO. 68-3" TO THE CITY OF CYPRESS. It was moved by Councilman Harvey and seconded by Councilman Kanel to adopt the second reading of this Ordinance. The motion was unanimously carried by the foliowinE roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None - 13- C.i.ty Council Minutes A~ril ?, 1969 SECOND READING ORDINANCE RE: CIVIC CENTER $VER~AY ZONE ADJACENT TO AND IN THE VICINITY OF CYPRESS JUNIOR CeLLEOE: 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, Noe and Bowen None None Title of the Ordinance is as follows: ORDINANCE NO. 411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CREATING A CIVIC CENTER (C.C) OVERLAY ZONE ON CERTAIN PARCELS OF LAND ADJACENT TO OR IN THE VICINITY OF THE CYPRESS JUNIOR COLLEGE. It was moved by Councilman Harvey and seconded by Councilman Kenode to adopt the second reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode and Bowen Noe None CONSIDERATION OF REPORT ON STATUS OF DISSOLUTION OF CYPRESS COUNTY WATER DISTRICT: The City Manager indicated that the City Council's Resolution requesting the Local Agency Formation Comm4ssion to conduct hearimgs for dissolution of the Cypress County Water District has been filed with the Commission and is scheduled for Public Hearingby the Commission at its meeting of May 14, 1969. The City Manager further reviewed copies of the Minutes of the Meeting of March 12, 1969 of the Board of Directors of the Water District whichindicate that the Board of Directors gave their attorney and engineers the authorization to take all steps necessary to prevent the dissolution of the Water District. The City Manager expressed concern that this authorization could include litigation for a matter which would appear to be unnecessary since the issue will ultimately be the District. The City Manager further advised that the taxpayers of the City who also reside within the would be sharing in the litigation costs of both the would be an added expense to these taxpayers who are double taxation for sewer services. presented to the voters of if litigation was initiated, boundaries of the District City and the District which already burdened with Councilman Kanel stated that he felt a communication should be directed to the Board of Directors of the Cypress County Water District requesting them to re- consider their action. Councilman Harvey concurred in Councilman Kanel's request for a letter to be directed to the Board of Directors requesting them to reconsider this action. Councilman Kanel further suggested that a committee be appointed which would consist of members of both the City Council and the Board of Directors, whose purpose would be to meet and confer in reference to this matter. It was moved by Councilman Kenode and seconded by Councilman Harvey to request the City Manager to direct a communication to the members of the Board of Directors of the Cypress County Water District requesting them to reconsider their action of March 12, 1969, which authorized the attorneys and engineers of the District to take any action necessary to oppose the dissolution of the District and expressing the concern of the City Council over the costs which could be incurred by both the City and the District in the event this issue becomes a matter of litigation between the two agencies. AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe and Bowen None None - 14- City Council Minutes April 7, 1969 In response to Councilman Kanel's request that a committee be formed of representatives of the Board of Directors, City Council, City Attorney and City Manager to meet prior to the meeting of the Local Agency Formation Commission, the City Manager indicated that he would include this in the communication to the District. CONSIDERATION OF RESOLUTION COMMEN~tNS!.M~S.'RAY GUTZMAN FOR ACHIEVING ORANGE COUNTY YOUNG WSMAN! OF THE YEAR: AWAR~: It was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 960 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MRS. KAY GUTZMAN ON HER AWARD AS OP~NGE COUNTY YOUNG WOMAN OF THE YEAR. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILHEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ORAL COMMUNICATIONS: Harvey, Kanel, Kanode, Noe and Bowen None None 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 M~or Bowen and unanimously carried to adjourn the meeting at 9:36 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS - 15 -