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Minutes 69-07-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 14, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, July 14, 1969, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tem John Kanel presiding. PRESENT: Councilmen Bowen, Harvey, Kanel and Noe ABSENT: Mayor Kenode Also present were Administrative Assistants Gene Poertner and Douglas Dunlap, City Attorney James Eo Erickson, Planning Director George Putnam, Public Works Director Arthur Schatzeder and Deputy City Clerk Carol Flynn. MINUTES: It was moved by Co~mcilman Noe, seconded by Councilman Bowen and unanimously carried to approve the Minutes of the Regular Meeting of June 23, 1969, as mailed. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to approve the Minutes of the Adjourned Regular Meeting of June 24, 1969, as mailed. The Administrative Assistant advised the City Council that a request had been received to invite the California Horse Racing Board to use the City Council Chambers to conduct its August meeting and that since this is a governmental agency, the request had been granted. MAYOR KANODE ARRIVED AT 4:07 P.M., TOOK HIS PLACE ON THE PODIUM AND PRESIDED OVER THE REMAINDER OF THE MEETING. RECESS: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to recess at 4:11 p.m. to the City Employees' Lounge for the purpose of conducting a Joint meeting with the Cypress Planning Comm~ssion. CALL TO ORDER: The meetlng was called back to order at 4:21 p.m., with the following in atten- dance, and with Mayor Kenode presiding. PRESENT: Councilmen Bowen, Harvey, Kanel, Noe and Kenode ABSENT: None The meeting of the Planning Commission was called to order at 4:22 p.m. by Chair- man Robert Cardozaj with the following in attendance: PRESENT: Comm~ssloners Evans, Wilke and Cardoze ABSENT: Commissioners Davis and Worley It was moved by Comm~ssioner Wilke, seconded by Commissioner Evans and unanimously carried to defer to councilmanic procedures. At this time, the Planning Director introduced Mr. Forest Dickason of the Orange County Planning Department. Mr. Dickason thanked the Council and Cormm{sslon for the opportunity of address- ing them in regard to the Orange County General Plan and proceeded to present a brief overview of the program, outlining the areas of heavy study, such as inter- governmental coordination, citizen participation, and management methods, and reviewing the various features of the program, such as comprehensivehess and implementation. He further indicated that this program was planned to cover all phases of the environment, including plans for physical resources development, economic re- sources development, human resources development, ae well as governmental and organizational development° Mr. Dickason stated that at this stage of the pro- gram, the main concern is the policy formulation for which a council of cities and private agencies will be created. In conclusion, Mr. Dickason outlined the proposed products which will result from the proposed planning program, including the effective use of resources, reduced cost of service, development of a fr.m~work for coordination and coopera- tiono He further indicated that all representatives of Orange County cities would be requested to indicate their city councils' support or non-support of this Orange County Planning Program at the executive meeting of the Orange County Division of the League of Cities. In response to an inquiry from Councilman Kanel, Mr. Dickason stated that at this time, the Board of Supervisors wishes only to receive an expression of support of the general concept of the program; the economical and financial aspects of the program would be resolved through the council of governments. General discussion was held regarding the effect this program would have on special districts and the extent to which private agencies would be involved, following which the City Council and Commission thanked Mr. Dickason for his presentation. RECESS: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to recess at 5:30 p°m. to 7:30 p.m. that evening in the City Council Chambers. ADJOURNMENT: It was moved by Conmissioner Wilke, seconded by Commissioner Evans and unanimously carried to adjourn the meeting of the Cypress Planning Commission at 5:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilmen Bowen, Harvey, Kanel, Noe and Kanode ABSENT: None Also present were Administrative Assistants Gene Poertner and Douglas Dunlap, City Attorney James E. Erickson, Public Works Director Arthur Schatzeder, Plan~ ntng Director George Putnam, Police Chief George Savord, Finance Director Jim Grissom, Building Superintendent .Tom Nudson, and Deputy City Clerk Carol Flynn. PRESENTATION OF RESOLUTION OF COMMENDATION TO CHESTER GUTZMAN FOR BEING NAMED OUTSTANDING VETERANS OF FOREIGN WARS COMMANDER OF THE SECOND DISTRICT: At this tinm, Mayor Kanode read in full Resolution No. 988 adopted by the City Council on June 23, 1969, comending Chester Gutzman on being named outstanding Veterans of Foreign Wars Commander for Orange and Riverside Counties, which are part of the Second District° The Mayor extended on behalf of the entire City Council appreciation to Mr. Gutzman for his contribution to the co~maunity. Mro Gutzman thanked the City Council for this recognition as well as the members of the Los Alamitos Cypress VFW Post who made it possible for him to receive this award° Councilmen Bowen and Kanel expressed their personal commendation to Mr. Gutzman for this award. 2 369 CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR GASOLINE AND MAINTENANCE SERVICE FOR THE 1969-70 FISCAL YEAR: The Administrative Assistant presented a staff report dated July 9, 1969 indicating that this matter had been continued from the June 23, 1969 City Council meeting in order to allow the Police Depart- ment to complete its investigation of the low bidder, Herman's Mobil Service Center° The report indicated that the Police Department found no cause to pro- test award of the contract to Herman's Mobil Service Center, 9972 Valley View Street, Cypress~ Councilman Bowen indicated that since questions have been raised in regard to this contract award, he felt the Council should discuss this matter in an execu- tive session during the latter part of the meeting. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to continue consideration of the award of contract for gasoline and maintenance service for the 1969-70 fiscal year to the executive session to be held at the end of the meeting~ In response to an inquiry from Councilman Harvey, the City Attorney advised that the Council could discuss the personnel of the service center in an executive session; however, any discussions relative to acceptance or rejection of the bids would have to be held out of executive session. Councilman Kanel indicated his desire to have more of a breakdown of the quota- tions submitted on the bids prior to taking action as to award of the contract, following which the Finance Director indicated that he had this information available° The City Attorney advised that the breakdown of the quotations could not be a matter of discussion during an executive session, but rather only the qualifi- cations of the bidders themselves. It was moved by Councilman Bowen and seconded by Councilman Noe to amend their original motion to continue this matter until after consideration of Item 26 on the agenda, following which they will discuss pertinent information as permitted in an executive session. The motion as amended was unanimously carried. CONSIDERATION OF AWARD OF CONTRACT FOR PUBLICATION OF LEGAL ADVERTISEMENTS FOR 1969-70 FISCAL YEAR: The Administrative Assistant presented a report dated 3uly 9, 1969 reviewing the results of a bid opening for the publication of legal advertisements for the 1969-70 fiscal year. Presented with the report was a surmnary of the bids received which indicated that the bid submitted by the Los Alamitos-Cypress News-Enterprise was the lowest and best bid. In response to an inquiry from Councilman Bowen, the Administrative Assistant stated that the City had requested bids from five newspapers within Orange County; however, had received bids from only two of these newspapers. It was moved by Councilman Bowen and seconded by Councilman Harvey to determine that the bid proposal dated June 26, 1969 from the Los Alamitos-Cypress News- Enterprise for the publication of legal notices be accepted as the lowest and best bid and that the City Council authorize the staff to utilize the News- Enterprise for the required legal publications during the 1969-70 fiscal year. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None C(IqSIDERATION OF AWARD OF CONTRACT FOR SCHEDULE "D?" OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT STORM SEWER PROJECT W8-6-05-0302, CITY PROJECT #6854-20-0000: The Public Works Director presented a report dated July 14, 1969 outlining the results of a bid opening conducted on July 14, 1969 in the office of the City Clerk for "Schedule D2" of Storm Sewer Project WS-6-05-0302, City Project #6854-20-0000 which consists of the construction of reinforced concrete storm drain pipe in Moody Street, Grindlay Street, Walker Street, under the rail- road tracks at the end of Watson Street and parallel to the railroad tracks from Walker Street to south of Lincoln Avenue. Of five bids received for this Schedule, Ro Go Atckison Company, 170 Eo California Street, Pasadena, California, submitted the lowest bid in the amount of $365,121.75 for Items I through V inclusive~ - 3 - The report further indicated that there are sufficient funds to cover the award of all five items on Schedule 2 although the low bid is 34% above the engineer's estimate for Schedule "D2"~ The Public Works Director stated that the City Manager had been contacted by phone and concurred in the recommendation for award of contract for Items I through V inclusive. It was moved by Councilman Harvey and seconded by Councilman Noe to determine that the lowest and best responsible bid for Schedule "D2" of City Storm Sewer Project WS-6-05-0302 was submitted by R. G. Atckison Company, 170 East California Boulevard, Pasadena, California end to approve the award of contract to R. G. Atckison Company in the amount of $365,121.75 for Schedule "D2" Items I through V inclusive subject to concurrence by the Department of Housing and Urban De- velopmento The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None ORAL COMMUNICATIONS: Mr. Schulte, 10181 St. Joan Street, Cypress, addressed the Council reviewing the problems he has encountered due to the failure of his neighbor to remove his vehicles from the street to allow the street sweeper to adequately clean the streets° He inquired as to the possibility of prohibiting parking on the streets on the days the street sweeper cleans his street. He reviewed the problems which have been created, such as moss and stagnant water standing in the gutter and requested the City Council to take soma action to resolve this problem. He further stated that a depression has occurred in his gutter which has increased the drainage problem° It was moved by Councilman Bowen, seconded by Councilman Noe end unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Bowen and seconded by Councilman Noe to request the staff to investigate the problem outlined by Mr, Shelby end present the City Council with the results of this investigation as well as with recommendations for resolving these problems° Councilman Harvey suggested that the residents in the area be infornmd as to the street sweeping schedule for this street, and be requested to remove the vehicles from the street on these days, The Public Works Director advised that personnel from his Department have investi- gated the problem and will make an attempt to arrive at solutions to this problem. In response to a question from Councilman Harvey, the Police Chief stated that his department would look into the problem of vehicles parking on the street beyond the allotted time° Councilmen Bowen's motion was than unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe end Kenode None None CONTINUATION OF PUBLIC HEARING RE: APPEAL OF PLANNING COMMISSION'S DECISION REGARDING ZONING DETERMINATION NO. 69-1 (CATES CARl-GO): The Mayor announced this was the time and place for the continuation of Public Hearing to consider an appeal of the decision of the Planning Conmlission in its determination, known as "Zoning DeternLtnation Noo 69-1," that a trucking business is not compatible with those uses permitted in the H-C (Highway Conm~erctal) end M-1 (Light Menu- facturtng) zones, filed by Mr. F. George Buckles, 15733 So. Paramount Boulevard, Paramount, California, on behalf of Cares Cart-go, 11419 East South Street, Cerritos, California° -4- The Mayor stated that the Public Hearing was open and requested the Staff to present its reports~ The Administrative Assistant read into the record of the Public Hearing a re- port dated July 9, 1969, indicating that this Public Hearing was continued from the City Com%cil meeting of June 23, 1969, at the request of the appli- cant and that the affidavit of posting of the Notice of Continuation of the Public Hearing is on file in the office of the City Clerk and no written communi- cations either in favor of or in opposition to this appeal have been received. The Planning Director read into the record of the Public Hearing a report dated June 18, 1969 reviewing the factors considered by the Planning Commission in its determination that a trucking business is not compatible with those uses permitted in the H-C (Highway Commercial) and M-1 (Light Manufacturing) zones. The report further indicated that since trucking businesses are currently per- mitted in the C-3 zone, the Planning Co-~a~ssion felt there was no need to ex- pand this use to other zones. The Mayor asked if anyone in the audience wished to speak in favor of granting this appeal~ Mr. George Buckles, Attorney for Cares Cart-Go, 14733 South Paramount Boulevard, Paramount, California addressed the Council indicating that the property on which the trucking business is proposed to be located is currently utilized for a similar operation° He further reviewed the extent of the proposed operation to be located at this location, which would be that of a truck terminal and would not involve storing or warehousing of materials. He indicated that since the proposed use is similar to the use which currently exists on the subject property, he had advised his client to pursue this matter through administrative procedures. At this time, Mr. Buckles presented the Council with seven photographs of the existing use on the subject property and indicated that he felt this use would not be any different from that proposed by Cares Carr-Go. Councilman Bowen stated that the operation which currently exists on the subject property is a non-conforming use. At this time, the City Attorney stated that whether or not the existing operation on the subject property is or is not a non-conforming use is immaterial for the purposes of this public hearing; the basic issue to be considered by the City Council is a comparison by the Council of the compatibility of the specifically permitted uses in the M-1 (Light Manufacturing) zone with the proposed use. He further reviewed the criteria to be used by the City Council members in making their determination as to whether the proposed trucking business is compatible with the allowed uses. Mr. Buckles again addressed the Council stating that he felt the requested use is permitted on the subject property and would not be a detriment to the surround- ing property~ He stated that he did not feel it was more objectionable than the present uses and would not increase the traffic in this area. In response to a question from Councilman Kanel, Mr. Buckles stated that the parking lot for the existing use is oil covered. In response to an inquiry from Councilman Kanel, Mr. Ray Powell, 9271 Kathryn Avenue, Garden Grove, addressed the Council as owner of the property under con- sideration stating that there are currently 13 trucks, including trailers on the M-1 zoned portion of the subject property. He stated that his proposal was to lease the southerly 150 feet of property adjacent to the Hyatt Die Casting Plant parking lot to Cares Carr-Go. He further indicated that this property is used between the hours of 7 a.m. and 8 p.m. In response to a question from Councilman Harvey, Mr. Powell stated that this property has been used as a trucking operation since 1940. He further indicated that he has conducted his operation on this property for eleven years. -5 - In response to an inquiry from Councilman Harvey, the Planning Director advised that if Cares Carr-Go's appeal were to be denied, this would not prevent Mr. Powell from continuing his operation as it presently exists, but would not allow him to expand his operation. The Mayor asked if anyone in the audience wished to speak in opposition to the granting of the subject appeal. Mr. Les Wilson, 9190 Whitney Way, Cypress, California addressed the Council indicating that the residents on Julia Beth Street have been complaining about the existing trucking operation since it creates a dust problem in the area. He further indicated that an extension of the current operation is opposed by the residents in the tract. In response to a request from Councilman Kanel, the Planning Director pointed out on a map the property on which Cares Cart-Go wishes to locate its trucking business; however, he pointed out that if this Zoning Determination is approved it would pertain not only to this property but to any M-1 or H-C zoned properties. There being no written connnunications and no further oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen to deny the appeal of the Planning Commtssion's decision, known as Zoning Determination No. 69-1, that a trucking business is not compatible with those uses permitted in the H-C (Highway Co~aJercial) and M-1 (Light Manufacturing) zones. The motion died for lack of a second. It was moved by Councilman Noe, and seconded by Councilman Kanel to reopen the Public Hearing on this matter. In response to a question from Councilman Harvey, Councilman Kanel stated that he felt the Public Hearing should be continued in order to gather raore evidence from the residents adjacent to the property proposed for the trucking business. The following roll call vote was taken on Councilman Noe's motion to reopen the Public Hearing: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: O COUNCILMEN: Kanel and Noe Bowen, Harvey and Kenode None The motion failed to carry. Following discussion, it was moved by Councilman Bowen and seconded by Councilman Harvey to deny the appeal of the Planning Commission's decision, known as Zoning Determination Noo 69-1, as filed by Mr. F. George Buckles, 15733 South Paramount Boulevard, Paramount, California, on behalf of Cares Cart-Go, 11419 East South Street, Cerritos, California, that a trucking business is not compatible with those uses permitted in the H-C (Highway Cor~n-rcial) and M-1 (Light Manufacturing) zones~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONTINUATION OF PUBLIC HEARING HE: REQUEST FOR SPECIAL PERMIT--GROVE VACUUM CENTER: The Mayor announced this was the time and place for the continuation of Public Hearing to consider an application for a Special Permit to solicit vacuum sales and service from door-to-door in the City of Cypress, requested by Mr. John Van Dyke, on behalf of Grove Vacuum Center, 13093 Century Boulevard, Garden Grove, California. The Mayor stated that the Public Hearing was open and requested the Staff to present its reports° -6- The Administrative Assistant presented a report dated July 9, 1969 indicating that this Public Hearing was continued from the City Council meeting of June 23, 1969 and that the affidavit of posting of the Notice of Continuation of the Public Hearing is on file in the office of the City Clerk and no written communi- cations either in favor of or in opposition to the Special Permit have been re- ceived. The report further indicated that a letter was forwarded to the appli- cant requesting his attendance at the Public Hearing. The Administrative Assistant further presented the report dated July 9, 1969, which had been considered by the City Council at its meeting of June 23, 1969, reviewing the factors to be considered by the City Council in making its de- termination as to whether the proposed solicitation would comport with the peace, health, safety, convenience, good morals, and general welfare of the public, and indicating that the Police Department, upon completion of its in- vestigation of the applicant, found no reason to protest issuance of this permit. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the request for permit. Mr. John Van Dyke, 13093 Century Boulevard, Garden Grove, addressed the City Council on behalf of Grove Vacuum Center indicating that his route would be similar to those of milk routes, paper routes or bread routes. Upon the request of Councilman Bowen, the Finance Director reviewed the pertinent dates regarding Grove Vacuum Center's notification by the Ctiy of the require- mont for a Special Permit to solicit m~d the subsequent filing of the application by Grove Vacuum° In response to a question from Councilman Bowen, Mr. Van Dyke stated that he had continued to solicit after being advised of the necessity for a permit since he felt the payment of the license and permit fee to the City were the only re- quirements;he was not aware that it was necessary to conduct a Public Hearing in order to obtain this type of permit. He further indicated that his solici- tation is conducted during daylight hours. There being no written con~nunications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel and seconded by Councilmen Noe to approve the request of Grove Vacuum Center for a Special Permit to solicit vacuum sales and service from door-to-door in the City of Cypress, requested by Mr. John Van Dyke on behalf of Grove Vacuum Center, 13093 Century Boulevard, Garden Grove, Cali- fornia, subject to the following conditions: 1. Grove Vacuum Center shall secure a valid business license. 2. All employees of Grove Vacuum Center who will be involved in the door-to-door solicitation shall obtain supplemental permits from the Finance Director. 3. Any misrepresentation made during the course of the door-to-door solicitation shall be deemed as cause for revocation of the Special Permit° 4o Door-to-door solicitation will be permitted only between the hours of 9:00 a.m. and 6:00 p.m. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Noe and Kenode NOES: 1 COUNCILMEN: Bowen ABSENT: O COUNCILMEN: None PUBLIC HEARING R~: REQUEST FOR LIVE ENTERTAINMENT PERMIT--LOS ALAMITOS RACE COURSE CLUBHOUSE: The Mayor announced this was the time and place for the Public Hearing to consider an application for a Live Entertainment Permit to permit a Pianist at the Piano Bar in the Clubhouse at the Los Alamitos Race Course, 4961 Katella Avenue, Cypress, California, as requested by M. E. Reynolds, on behalf of the Los Alamitos Race Course. The Mayor declared the Public Hearing open and requested the Staff to present its reports° The Administrative Assistant read into the record of the Public Hearing a report dated July 9, 1969, indicating that the affidavits of posting, publication and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications either in favor of or in opposition to the subject permit have been received° The report further indicated that the Police Department upon completion of its investigation of the applicant finds no reason to protest issuance of the permit. During the Police Department's investi- gation, the officials from the Race Track indicated that they would wish to ex- tend the time for the live entertainment to 2:00 a.mo rather than 11:30 p.m., as was indicated on the application; and the Police Department indicated that they would have no objection to extending the live entertainment to 2:00 aom. The report also reviewed the factors to be considered by the City Council in making its determination as to whether the proposed live entertainment comports with the peace, health, safety, convenience, good morals and general welfare of the public, and whether the applicant or other persons in charge of the operation are fit to be trusted with the privileges granted by the Live Entertainment Permit. In response to a question from Councilman Harvey, the City Attorney advised that the Live Entertainment Permit, if granted, would allow only that entertainment specified in the application, which is a pianist. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed permit. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed° It was moved by Councilman Harvey and seconded by Councilman Noe to approve the issuance of a Live Entertainment Permit to permit a pianist at the Los Alamitos Race Course Clubhouse to entertain from 7:30 p.m. to 2:00 a.m. as requested by Mro M~ Eo Reynolds, on behalf of the Los Alamitos Race Course for a period of time to expire 3une 30, 1970~ The motion was unanimously carried by the follow- ing roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None PUBLIC HEARING RE: CONSIDERATION OF APPEAL OF PLANNING COMMISSION'S DECISION IN ITS DENIAL OF A PORTION OF VARIANCE V-274--ALPHABBTA ACME MARKETS: The Mayor announced this was the time and place for the Public Hearing to consider an appeal of the Planning Commission's decision in its denial of that portion of Variance V-274 requesting a variance from the Sign Ordinance to permit the height of the shopping center sign at the northeast corner of Ball Road and Bloomfield Street to be 55 feet high, filed by Mr. Frederic S. Canttell, Vice President of Alpha Beta Acme Markets, Into, 777 South Harbor Boulevard, La Habra, California. Mayor Kanode requested permission to be excused from the podium during the City Council's consideration of this matter since he is an employee of Alpha Beta Acme Markets, Into Mayor Pro Tem Kanel declared the Public Hearing open and requested the Staff to present its reports~ The Administrative Assistant read into the record of the Public Hearing a report dated July 9, 1969, indicating that the affidavits of posting, publication and mailing of the Public Hearing not{ces on this matter are on file in the office of the City Clerk; and no written communications either in favor of or in oppo- sition to the appeal have been received. The Planning Director then read into the record of the Public Hearing report dated July 8, 1969, outlining the action of the Planning Commission in its denial of the request for variance and suggesting various conditions which should be imposed in the event the appeal is granted. - 8- The Planning Director also presented a sketch of a 21-foot sign advertising an Alpha Beta Market in Tugtin, the height of which was not appealed by Alpha Beta Acme Markets. He indicated that he felt this smaller sign was pleasing in its shape and color scheme. In response to questions from Councilman Harvey, the Planning Director stated that Ball Road is a major arterial highway while Bloomfield is a secondary high- way. He further advised that Walker Street is also a secondary arterial highway but is capable of carrying more traffic than Bloomfield since it extends farther to the north. At this time the City Attorney reviewed Section 123.3 of the Cypress City Code outlining the necessary conditions precedent to the granting of a variance. The Mayor Pro Tem asked if anyone in the audience wished to speak in favor of granting this appeal. Mr. Frederic Cantroll, Vice President of Alpha Beta Acme Markets, 777 South Harbor Boulevard, La Habra, California, addressed the Council stating that it is felt that this proposed 50 foot sign is necessary to attract persons residing in E1 Dorado, and an economic hardship would result from the disapproval of the variance. He further stated that a variance was granted for the extension of a sign on the Shopping Bag Market at Ball and Walker. At this time, Mr. Cantroll presented a diagram of the sign which was proposed to be located at the inter- section of Ball Road and Bloomfield and also presented a brochure indicating the color scheme for the sign. In response to a question from Councilman Kanel, Mr. Cantroll indicated that the sign installed in the City of Tustin was a new design which recently had been approved for use by Alpha Beta Acme Markets. The Administrative Assistant indicated that the lettering, shape and size of the sign portrayed on the diagram presented by Mr. Cantroll was different from that portrayed on the original request for variance. Mr. Cantroll explained that the sketch presented at this time to the City Council is intended to show the relationship of the height of the 30-foot sign to the height of trucks and other passing vehicles, which could obstruct the view of the sign. The Mayor Pro Tom asked if anyone in the audience wished to speak in opposition to granting of the appeal. Mr. James Findlay, 4026 Via Encinas, Cypress, California, addressed the City Council as President of Tanglewood Men's Club, indicating his opposition to the location of a sign over 30 feet at the subject location and inquiring as to the hours in which the lights on the Alpha Beta sign will be in operation. He stated that he noticed the sign for Alpha Beta Markets in San Clemente was still lighted at 11:15 p.m. and could clearly be viewed from the freeway. He indi- cated that he would be opposed to the lights on the shopping center sign operating throughout the night since they would shine into his windows. He further indicated that he did not feel Alpha Beta Acme Markets would suffer any hardship in being required to install a smaller advertising sign. Mr. Henry Viegger, 4018 Via Encinas, Cypress, California addressed the City Council opposing the height of the sign proposed by Alpha Beta, due to the shopping center's proximity to a residential area, which would result in the lights from the sign shining into windows of the surrounding residences. He further indicated that he is the Treasurer of the Tanglewood North Homeowners Association and the Board has voted to oppose the granting of this variance. He further stated that he felt the construction of the larger sign would not compli- ment the surrounding residential neighborhood. 9 In response to an inquiry from Councilman Kanel, the City Attorney advised that the presentation of a petition would be material only insofar as it would pertain to the criteria to be consideredby the City Council in its consideration of the variance~ Mr, Bion Abbott, 4014 Via Encinas, Cypress, California addressed the Council inquiring as to the time limit in which the lights for the shopping center would be allowed to remain in operation° Mr. Donald Tetley, 9733 Paseo de Oro, Cypress addressed the Council indicating that he feels this sign will represent a nuisance, and concurring in the other statements made in opposition to granting of the appeal° Mrs° Abbott, 4014 Via Encinas, Cypress, California, addressed the Council indi- cating her opposition to the granting of the appeal. Mr~ Ro Jo Brown, 9732 Paseo de Oro, Cypress, California addressed the Council indicating his opposition to the proposed sign on behalf of his neighbors. In response to an inquiry from Councilman Harvey, the Planning Director advised that the Planning Commission had approved the variance for a 50-foot sign at Ball and Walker since it felt the sign was architecturally integrated with the center in that it was designed with the same type of letters. Councilman Harvey stated that he did not feel the requirement for a smaller sign at the intersection of Ball Road and Bloomfield would impose an economic hardship on Alpha Beta Acme Markets° Mr. Cantrell, Vice President of Alpha Beta Acme Markets, again addressed the Council stating that a larger sign would mere readily attract the metoring public° Mro Canttell in clarification of questions from the City Council and audience stated that the lights advertising Alpha Beta Acme shopping centers are shut off at the time the stores close° Councilman Bowen indicated that he did not feel the installation of a 55-foot sign at this intersection would be appropriate due to the high density of the polulation which surrounds the shopping center. Councilman Harvey again indicated his opinion that construction of the smaller sign would not constitute an economic hardship on Alpha Beta since it would be sufficient to attract shoppers from adjacent communities. He further indicated that the larger sign, if allowed, would adversely affect the aesthetic value of the entire community. In response to an inquiry from the Administrative Assistant, Mr. Cantrell indi- cated that the height of the sign requested is 50 feet. The Planning Director indicated that the height of the sign considered by the Planning Commission was 50 feet with a five-foot extension. There being no written communications and no further oral protests, the Mayor Pro Tem declared the Public Hearing closed. It was moved by Councilman Bowen and seconded by Councilman Harvey to deny the appeal of the Planning Commission's decision in its denial of that portion of Variance V~274 requesting a variance from the Sign Ordinanceto perIRit the height of the shopping center sign at the northeast corner of Ball Roa~ and Bloomfield Street to be 55 feet high, as filed by Mr. Frederic So Canttell, Vice President of Alpha Beta Acme Markets, Inca, 777 South Harbor Boulevard, La Habra, California~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanel NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode - 10 - MAYOR KiNODE RETURNED TO HIS PLACE ON THE PODIUM AT 10:09 PoMo AND PRESIDED OVER THE REMAINDER OF THE MEETING. RECESS: The Mayor declared a recess at 10:10 p.m. The meeting was called back to order at 10:16 p~m~, with all City Councilmen present with the exception of Councilman Kanel. PUBLIC HEARING RE: REQUEST FOR SPECIAL PERMIT Te SOLICIT FROM DOOR-TO-DOOR-- AIR VENT ALUMINUM AWNING COMPANY: The Mayor announced this was the time and place for the Public Hearing to consider an application for Special Permit to allow the solicitation of contracts for aluminum awnings and patios in the City of Cypress, as requested by Mr~ Ray 3o Kindlet, on behalf of Air Vent Awning Company, 1809 South Manchester, Anaheim, California~ The Mayor declared the Public Hearing open and requested the Staff to present its reports~ COUNCILMAN KiNEL RETURNED TO HIS SEAT ON THE PODIUM AT 10:17 P.M. The Administrative Assistant read into the record of the Public Hearing a report dated 3uly 9, 1969, indicating that the affidavits of posting and publication of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications either in favor of or in opposition to the Special Permit have been received. The report further indicated that upon completion of its investigation, the Police Department reports that it would have no objection to the issuance of the Special Permit. THe report also outlined the factors to be considered by the City Council in making a determination as to whether or not the Special Permit will comport with the peace, health, safety, convenience, good morals, and general welfare of the public° The Mayor asked if anyone in the audience wished to speak in favor of the Special Permit° It was noted that the applicant was not in the audience. Councilman Kanel indicated his concern that a representative of Air Vent Aluminum Awning Company was not available to answer any questions from the City Council. Councilman Bowen stated that until such time as stronger legislation governing patio construction is effected, he would not be in favor of door-to-door solici- tation of patio saleso It was moved by Councilman Bowen and seconded by Councilman Harvey to deny the application for a Special Permit to allow solicitation of contracts for aluminum awnings and patios in the City of Cypress as filed by Mr. Ray J. Kindlet on be- half of Air Vent Aluminum Awning Company, 1809 South Manchester, Anaheim, California~ The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: 1 COUNCILMEN: Kanel ABSENT: O COUNCILMEN: None PUBLIC HEARING RE: CONSIDERATION OF ADOPTION OF NATIONAL ELECTRICAL CODE, 1968 EDIT!.ON: The Mayor announced this was the time and place for the Public Hearing to consider the Adoption by Reference of the National Electrical Code, 1968 Edition. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The Administrative Assistant read into the record of the Public Hearing a report dated 3uly 9, 1969, indicating that the affidavits of posting and publication of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications either in favor of or in opposition to this matter have been received. The report further indicated that the 1968 Electrical Code incorporates the latest regulations and uses of materials which are recom- mended by the International Association of Building Officials and reflects in- creased fee schedules to coincide with current construction costs. - 11 - Councilman Bowen expressed his concern over the existing procedure of installing only one plug in the garage and one light switch for the garage which may or may not be placed within the garage. He indicated that he felt there should be re- quirements for more than one electrical outlet in the garage~ In response to a question from Councilman Bowen, the Building Superintendent stated that he would not be opposed to requiring additional outlets to be in- stalled in the garage; however, it might increase the complaints regarding rising building costs° Councilman Noe stated that he felt certain provisions contained in the proposed Ordinance adopting the National Electrical Code would impose hardships on builders or private homeowners who either reconstruct or make additions to their homes. General discussion ensued relative to the requirements proposed by the Electrical Code and the hardships which may occur as a result of these requirements° The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed adoption of the National Electrical Code, 1968 Edition. It was moved by Councilman Kanel and seconded by Councilman Harvey to continue consideration of the adoption of the 1968 Edition of the National Electrical Code to the meeting of July 28, 19690 The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Noe and Kanode NOES: 1 COUNCILMEN: Bowen ABSENT: 0 COUNCILMEN: None COMMUNICATION FROM LOCAL AGENCY FORMATION COMMISSION RE: DISSOLUTION OF THE ORANGE COUNTY HARBOR DISTRICT: The Administrative Assistant presented a co~Eaunication dated 3une 25, 1969 from Mr. Richard To Turner, Executive Officer of the Local Agency Formation Commission, transmitting a copy of a Resolution of the Local Agency Formation Con~nission approving dissolution of the Orange County Harbor District and directing the Board of Supervisors to initiate proceedings in com- pliance with the Resolution° The Commission further recommended that the Board of Supervisors consolidate the election on the issue of the dissolution of the Orange County Harbor District with the Primary Election to be held in June, 1970. It was moved by Councilman Harvey, seconded by Councilman Kenel and unanimously carried, this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MINUTES OF BOARD OF TRUSTEES MEETING: The Administrative Assistant presented a communication dated June 27, 1969 from Mro Jack Ho Kimball, District Manager of the Orange County Mosquito Abatement District, transmitting a copy of the Minutes of the meeting of the Board of Trustees held June 19, 1969o A copy of these Minutes is on file in the office of the City Clerk° It was moved by Councilman Harvey, seconded by Councilman Kenel and unanimously carried this communication be received and filed~ COMMUNICATION FROM CHAIRMAN OF SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION RE: DEVELOPMENT OF SAN FRANCISCO BAY: The Administrative Assistant presented a communication dated June 27, 1969 from Mr~ M~lvin Ba Lane, Chairman of the San Francisco Bay Conservation and Development Commission, outlining the measures proposed by the San Francisco Bay Conservation and Development Commission for development of San Francis co Bay° The Administrative Assistant advised that previous communications regarding this matter had been received and filed by the City Council° It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried this communication be received and filed. - 12 - COMMUNICATION FROM CITY OF ALBANY RE: SAN FRANCISCO BAY DEVELOPMENT: The Ad- ministrative Assistant presented a coumunication dated June 27, 1969 from Mayor Richard Oo Clark of the City of Albany, California, transmitting a copy of comments included in the Berkeley Gazette regarding control over development of San Francisco Bay by the San Francisco Bay Conservation and Development Com- mission° Also transmitted was a copy of Albany's City Attorney's digest and co~nents on Assembly Bill 2057 relating to this matter. It was moved by Councilman Eowen, seconded by Councilman Noe and unanimously carried this communication be received and filed° COMMUNICATION FROM STATE CONTROLLER RE: MOTOR VEHICLE LICENSE FEE REVENUES: The Administrative Assistant reviewed a communication dated June 20, 1969 from the Office of the State Controller transmitting a report on the apportionment of motor vehicle license fee revenues for the six month period ending May 31, 1969. The report indicates that the City of Cypress will receive $175,638o22o This payment brings the total vehicle license fee revenues for the 1968-69 fiscal year to $189,405o01, which is $32,405o01 higher than the budget projection° It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried this communication be received and filed° CONSIDERATION OF ABANDONMENT OF SEWER EASEMENTS IN TRACTS NO. 6050, 6051, 6052 and 5373: The Public Works Director presented a report dated J~ly 9, 1969 reviewing a request from Larwin Company for the City to vacate a portion of a sewer easement which was reserved at the time the streets were vacated in Tract Noo 4047 in order to allow for the development of the property south of Ball Road between Bloomfield and Moody as Tanglewood Townhouses. The existing sewer between Bloomfield and Denni was demolished and a new sewer was constructed in Larwin Avenue to serve the develOpme~t~l The proposed abandonment will vacate all of the existing sewer easement from Bloomfield to Denni except for a portion from Bloomfield to the second alley east of Bloomfield, which is still required as an easement~ The report indicated that there are no other utilities constructed in the portion of the easement proposed for abandonment other than the sanitary sewer~ It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 990 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE SEWER EASEMENT THROUGH TRACTS NOw 6050, 6051, 6052 AND 5373 AND ELECTING TO PROCEED UNDER THE PUBLIC SERVICE EASEMENT VACATION LAWS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVER- TISE FOR BIDS--VALLEY VIEW STORM DRAIN PROJECT 6916-20: The Public Works Director presented a report dated July 9, 1969, indicating that Consolidated Engineering Company has completed the plans and specifications for construction of the Valley View Storm Drain, which is estimated to cost approximately $38,000°00, including engineering~ The plans provide for the storm drain to be located on the west side of Valley View Street beginning at the southerly limits of Tract 6653 to the northern limits of the Lindeboom property, thence southerly in an easement ob- tained from the Lindebooms to the Carbon Creek Channel° Since construction of this drain at this location depends upon the acquisition of an easement from the property owners, an alternate location has been proposed in the event the required easement is not obtained~ - 13- It was moved by Councilman Bowen and seconded by Councilman Noe to approve the plans and specifications for Valley View Storm Drain Project 6916-20 and to authorize the City Clerk to advertise for bids to be received on August 6, 1969, with consideration of award of contract to be on August 11, 1969. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF RENEWAL OF CONTRACT WITH STATE COOPERATIVE PERSONNEL SERVICES FOR PERSONNEL EXAMININ8 SERVICES: The-administrative Assistant presented a re- port dated July 10, 1969 advising that the three-year contract for personnel examining services between the City and State Cooperative Personnel Services expired on June 30, 1969, and outlining the advantages of renewing this contract. It was moved by Councilman Bowen and seconded by Councilman Noe to approve re- newal of the contract between the City and State Cooperative Personnel Services for personnel examining services for a three-year period ending June 30, 1972, and to authorize the Mayor to sign and the City Clerk to attest this contract. In answer to an inquiry from Councilman Harvey, the Administrative Assistant indicated that the City is not responsible for any costs unless it utilizes the services offered by the State. Councilman Bowen's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode : NOES: 0 COUNCILMEN: None "~'~ ~- ABSENT: O COUNCILMEN: None CONSIDERATION OF EXPIRATION OF PLANNING COMMISSIONER TERMS: The Administrative Assistant presented a report dated July 10, 1969, advising that the ter~ of Planning Commissioners Wayne Worley and Gerald Wilke will expire on August 5, 1969. Mayor Kenode indicated his desire to conduct interviews for this position. Following discussion, it was moved by Councilman Bowen, seconded by Councilman Km~el and unanimously carried to authorize the City Manager's office to receive applications for the position of Planning Commissioner, with the final filing date to be July 28, 1969, and with interviews to be scheduled for Saturday, August 2, 1969. CONSIDERATION OF AGREEMENT WITH COUNTY OF ORANGE FOR FIRE PROTECTION SERVICES: The Administrative Assistant presented a report dated July 10, 1969, reviewing the new agreement between the City of Cypress and the County of Orange for fire protection services for a term commencing July 1, 1969, and ending June 30, 1974. The major change in the new agreement is the deletion of charges for structural fire protection since in the future these services are to be paid for from the structural fire protection rate paid by cities which do not have municipal fire departments. In addition, the rate for non-structural responses has been in- creased to $143.00 per call to cover equipment, station and overhead costs, and the rates for responses by volunteer firemen have been increased to $5.37 and $8.59 depending upon the time required for the response. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the agreement for fire protection services between the City of Cypress and the County of Orange for a term commencing July 1, 1969 and ending June 30, 1974, and to authorize the Mayor to sign and the City Clerk to attest the sub]oct agreement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None - 14 - CONSIDERATION OF JOINT POWERS AGREEMENT BETWEEN CITY AND THE CYPRESS LIGHTING DISTRICT OF ORANGE COUNTY--LIGHTING DISTRICT NO. 2, 1970 CALENDAR YEAR: The Public Works Director presented a report dated July 9, 1969 outlining the ad- visability of entering into a Joint Powers Agreement between the City of Cypress and the Cypress Lighting District of Orange County in order for the City Lighting District to receive the funds allocated to and collected by the Cypress Lighting District of Orange County for the 1968-69 and 1969-70 fiscal years. It was moved by Councilman Noe and seconded by Councilman Harvey to approve the Joint Powers Agreement between the City of Cypress and the Cypress Lighting District of Orange County to provide for payment for street light energy charges for Annexation No. 8 of Lighting District No. 2 up to and including June 30, 1970, and to authorize the Mayor to sign and the City Clerk to attest the Agree- ment. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CERTIFICATION OF EMPLOYMENT LIST--BUILDING INSPECTOR: The Administrative Assistant presented a report dated July 10, 1969 presenting the results of an open competitive examination conducted for the position of Building Inspector. It was moved by Councilman Harvey and seconded by Councilman Noe to certify the employment list for building inspector as presented. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CERTIFICATION OF EMPLOYMENT LIST--SECRETARY: The Administrative Assistant pre- sented a report dated July 10, 1969 reviewing the results of an open competitive examination conducted for the position of secretary. It was moved by Councilman Bowen and seconded by Councilman Harvey to certify the employment list for secretary as presented. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CERTIFICATION OF EMPLOYMENT LIST--STENOGRAPHER: The Administrative Assistant presented a report dated July 10, 1969, reviewing the results of an open com- petitive examination conducted for the position of stenographer. It was moved by Councilman Noe and seconded by Councilman Bowen to certify the employment list for stenographer as presented. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CERTIFICATION OF EMPLOYMENT LIST--PART-TIME CUSTODIAN: The Administrative Assistant presented a report dated 3uly 10, 1969, reviewing the results of an open competitive examination conducted for the position of part-time custodian. It was moved by Councilman Bowen and seconded by Councilman Noe to certify the employment list for part-time custodian as presented. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None - 15 - CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTt WARRANTS NO. 21659 THROUGH 21789: It was moved by Councilman Noe and seconded by Councilman Bowen to approve the Commercial Warrant List for Warrants Noo 21659 through 21789 in the amount of $216,990~94~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: O COUNCILMEN: None CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR GASOLINE AND MAINTENANCE SERVICE FOR 1969-70 FISCAL YEAR: It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously carried to rescind the previous motion request- ing an executive session to discuss this matter~ Councilman Harvey stated that he feels the main concern in regard to the low bidder for this contract is that there has been a change of ownership of the subject station in the past year, in addition to its being closed for a period of time° Me also stated that since it has only recently been under new owner- ship, he would question the ability of a new service station to provide adequate service at this timeo Following a review by Chief Savord of the results of his investigation into the services provided by the low bidder, it was moved by Councilman Noe and seconded by Coancilman Bowen to award the contract for gasoline and maintenance service for the 1969-70 fiscal year to the low bidder, Herman's Mobil Service Center, 9972 Valley View Street, Cypress, California° Councilman Kanel indicated his desire to see a breakdown of the various charges for labor, etco, prior to voting on this matter; and the Administrative Assistant advised that he had this information available at this time for Councilman Kanel's review° Councilman Noe's motion was then carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: 1 COUNCILMEN: Kanel ABSENT: 0 COUNCILMEN: None It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to place consideration of the proposed Orange County General Plan on the agenda for consideration at this time. Upon the request of Mayor Kanode, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to place consideration of a communi- cation from Mr. and Mrs° Harry Vo Lomicka on the agenda at this time. CONSIDERATION OF APPROVAL OF ORANGE COUNTY GENERAL PLAN: It was moved by Council- man Bowen and seconded by Councilman Noe to endorse the concept of the Orange County General Plan as proposed by the Orange County Planning Department and to authorize the City's representative to indicate the City's endorsement of this plan at the Executive Committee meeting of 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: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None COMMUNICATION FROM MRo AND MRS° HARRY Vo LOMICKA RE: NOISE PROBLEM AT SOUTHERN CALIFORNIA EDISON COMPANY PUMPING PLANT AT ORANGE AND MOODY: Mayor Kanode read in full a communication dated July 4, 1969, from Mr. and Mrs. Harry V. Lomicka requesting the City Council's cooperation in abating the noise problem which has developed at the Southern California Edison Company Pumping Plant located at the southeast corner of Moody and Orange. Transmitted with this communication was a letter dated July 2, 1969, addressed to the Public Utilities Commission further reviewing the problem. - 16 - ,' 83 In response to a request from Mayor Kenode, Mr. Ray Hawley of Southern California Edison Company addressed the Council indicating that he has been in contact with Mr. Lomicka and that the Edison Company is in the process of installing a so~md buffer on the back of the motor of the pumping plant which should alleviate this problem. He further indicated that this was the first complaint that has bean received in regard to any noise problem and that he wished to cooperate with the City and with the residents adjacent to the pumping plant in resolving this problem. It was generally agreed that a letter would be forwarded to Mr. and Mrs. Lomicka advising them of the steps that have been taken by Southern California Edison Company to resolve this problem. ORAL COMMUNICATIONS: There were no oral cormnunications presented at this time. Councilman Bowen indicated that he had received comments from citizens and businessmen in the City complimenting the Police Department on its response to calls for assistance° Mayor Kenode presented a communication from the Cypress Chamber of Commerce complimenting the Police Department on the assistance given the Chamber during the Community Fair at the Cypress Junior College° Mayor Kenode also read in full a communication from the Cypress Chamber of Commerce thanking the City Council for its contribution towards the fireworks display. Councilman Harvey stated that he was contacted by the Cypress Junior Women's Club regarding the possibility of the City Council providing a temporary teen center facility for the teenagers in the community. Mayor Kenode suggested that the Park and Recreation District also be contacted regarding such a facility. It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to request the City Staff to contact the Orange County Board of Super- visors regarding the possibility of the Cypress Park and Recreation District providing a facility to be used as a teen center for the cormnunity and to further instruct the City Staff to also investigate the availability of such a facility within the City. Councilmen Bowen stated that the residents on Vista Sierra are circulating a letter opposing the placement of Jacaranda trees on the parkways. The Public Works Director advised that he would investigate the possibility of having the Jacaranda trees replaced with another type of tree. E~CUTIVE SESSION: Upon the request of the City Attorney, it was moved by Councilmen BoWen, seconded by Councilman Kanel and unanimously carried to go into an Executive Session at 11:44 p0m~ for the purpose of discussing the settlement of litigation known as City of Cypress v. Cote, City of Cypress v. Cole, E & G Engineering w City of Cypress and M & M Pipeline v. City of Cypress. The meeting was called back to order at 12:15 aom., with all City Councilmen present. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place consideration of the settlement of litigation known as City of Cypress v~ Cote on the agenda at this time. It was moved by Councilman Noe and seconded by Councilman Bowen that Orange County Superior Court Case No. 176891 entitled City of Cypress v. Cote be amended to abandon and dismiss the portion thereof relating to the acquisition of the permanent easement and that the portion thereof relating to the acquisition of a temporary construction easement on .789 acres be authorized for settlement for the amount of $1,280~00. The motion was unanimously carried by the following roll call vote: - 17- AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to place consideration of the settlement of litigation known as City of Cypress vo William Cole on the agenda at this time. It was moved by Councilman Noe and seconded by Councilman Kanel that Orange County Superior Court Case No~ 164085 entitled City of Cypress v. William Cole be author- ized for settlement for the ~nount of $32,221.20, as previously authorized, de- leting, however, the reference to acquisition of the supplemental drainage ease- ment. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None General discussion was held relative to the possible purchase for expansion purposes by the United States Navy of the City's industrially zoned property° It was generally agreed that com~nunications should be prepared for the Mayor's signature to Congressman Hanna and Senators Murphy and Cranston requesting their assistance in determining the status of this proposal. ADJOURNMENT: There being no further business to come before the CityCouncil, it was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to adjourn the meeting at 12:35 aom. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF ~HE CIT~ OF CYPRESS - 18 -