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Minutes 69-07-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 28, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, July 28, 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 City Manager/City Clerk Darrell Essex, Assistant City Attorney Leonard A. Hempel, and Administrative Assistants Gene Poertner and Douglas Dunlap. MINUTES: Councilman Kanel indicated that the roll call vote on page 11 under "PUBLIC HEARING RE: REQUEST FOR SPECIAL PERMIT TO SOLICIT FROM DOOR-TO-DOOR--AIR VENT ALUMINUM AWNING COMPANY" should read as follows: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: 1 COUNCILMEN: Kenode ABSENT: O COUNCILMEN: None It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to approve the Minutes of July 14, 1969 as corrected. The City Manager indicated that he had received requests from two of the prospective Planning Commissioner interviewsee for an appointment with the City Council prior to the scheduled August 2nd date. It was moved by douncilm~h Noe, seconded by Councilman Harvey and unanimously carried to place the interview of two of the Planning Commission applicants on the agenda as Item No. 24. MAYOR FANODE ARRIVED AT 4:05 P.M., TOOK HIS PLACE ON THE PODIUM AND PRESIDED OVER THE REMAINDER OF THE MEETING. The City Manager indicated that Councilman Kanel would be out of town and unable to attend the City Council meeting of August 11, 1969. It was generally agreed that the Public Hearing to consider modification or revocation of the Conditional Use Permit for the Hyatt Die Cast operation should be scheduled for the City Council meeting of August 25, 1969. The City Manager indicated that the Cypress Bobby Sox Softball League has invited the City Council to place an ad in the Program for the All Stars Area Tournament which will be held on August 2, 1969 and August 9, 1969 and hosted by the Cypress Bobby Sox League. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Harvey and seconded by Councilman Kanel to authorize the expenditure of $50 for the placement of an ad in the Program for the All Stars Area Tournament hosted by the Cypress Bobby Sox Softball League. 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 Kenode None None Councilman Kanel stated that he had received notification from a representative of the Cypress Bobby Sox League advising that the City Council would not be repre- sented at the Opening Day Ceremonies for the Area Tournament due to the fact that this date conflicts with the schedule of interviews with Planning Commissioner applicants. He suggested that the City Council consider recessing the interviews in order to attend the Opening Day Ceremonies. It was generally agreed that the scheduling of the interviews with the Planning Commission applicants would provide for a recess for the City Council to attend the Opening Day Ceremonies for the Area Tournament to be held on August 2, 1969. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to place consideration of a request from the Cypress Chamber of Coum~rce for a donation toward the Welcome Teachers' Breakfast on the agenda for consideration at this time. COMMUNICATION FROM CYPRESS CHAMBER OF COMMERCE RE: WELCOME TEACHERS' BREAKFAST: The City Manager presented a communication dated July 28, 1969 from Mr. C. W. Shepherd, Manager of the Cypress Chamber of Commerce, requesting the City Council's partici- pation in the amount of $150 in the Welcome Teachers' Breakfast for new teachers from Cypress School District, Oxford Junior High and Cypress Junior College. It was moved by Councilman Kanel and seconded by Councilman Noe to authorize an expenditure of $150 for participation in the Welcome Teachers' Breakfast Program as sponsored by the Cypress Chamber of Coxmnerce~ 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 The City Manager indicated that he had been advised that the American Legion Cypress Post 295 has won the state-wide Law and Order Award for the second year in a row in addition to other awards for various activities. It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to request the City Manager to determine the awards which were received by the Ameri- can Legion Cypress Post 295 and by Commander Richard Gruettner and to prepare an appropriate Resolution for consideration by the City Council at its meeting of August 11, 1969o At this time, the City Manager advised that one of the Planning Comm4 ssion applicants would be available for an interview at 7:30 and the City Council agreed to inter- view him at this time, with the other applicant to be interviewed later in the meeting. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place consideration of the land expansion program of the Los Alamitos Naval Air Station on the agenda for consideration at this time° The City Manager reviewed discussions which he has held with Captain Ruth of the Los Alamitos Naval Air Station in which it was indicated that the land acquisition program of the Los Alamitos Naval Air Station involved the tnmmdiate acquisition of three pieces of property consisting of approximately 200 acres which are located ium~ediately adjacent to the Air Station in Cypress and Los Alamitos. The Air Station is attempting to obtain leases on these properties which, if successful, can be accomplished without further Congressional action as long as the individual leases do not exceed $50,000. The Cypress property involved in these initial leases would include all of the property north of the Naval Air Station to Katella and all of the property on the north side of Orangewood from the Naval Air Station to Knott. The City Manager further indicated that a request has been initiated by the Air Station to purchase, lease or land swap all of the property located in the City of Cypress between the Naval Air Station and Knott since the Air Station feels that the future of the Los Alanlttos Naval Air Station will be in Jeopardy without this area. It was further indicated by the City Manager that the Navy's land expansion program has been discussed with the property owners in the area proposed for acquisition who have indicated their opposition to this proposal. Considerable general discussion ensued relative to the feasibility of the Navy proceeding imm*diately with condenmation action on the property within the City, and to the action to be taken by the City Council to stop this land acquisition program. -2- It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the following Resolution to be forwarded to all cities who would be affected by this land acquisition program of the Navy as well as to the appropriate agencies in Washington, D.C. Title of the Resolution is as follows: RESOLUTION NO. 991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING THE UNITED STATES DEPARTMENT OF THE NAVY TO REJECT ALL PROPOSALS FOR EXPANSION OF THE LOS ALAMITOS NAVAL AIR STATION, LOS ALAMITOS, CALIFORNIA. 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 At this time the City Manager indicated that the Planning Director was advised that S & S Construction Company withdrew their option on the property located north of Orangewood Avenue for construction of approximately 780 homes due to the pending condemation threat of the Los Alamitos Naval Air Station. Discussion ensued relative to the possibility of the City Council holding a meeting with the officials of the Naval Air Station facility prior to the next regular City Council meeting to discuss the impact of this land acquisition pro- gram and the City Manager was requested to contact Captain Ruth in this regard. Having received permission from Mayor Ranode, Mr. Dale Gunderson, representing General Telephone Company, addressed the'City Council offering his cooperation and assistance. RECESS: It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to recess at 4:47 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: Councilmen Bowen, Harvey, Kanel, Noe and Kenode ABSENT: None Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Leonard A. Hampel and the following members of the Staff: Dunlap, Grissom, Nudson, Poertner, Putnam, Savord and Schatzeder. PRESENTATION OF EMPLOYEE SERVICE PINS: At this time Mayor Kenode presented five- year service pins to Building Superintendent Tom Nudson and Police Chief George Savord and thanked them for their service to the City. The Building Superintendent and Police Chief thanked the Mayor for these service pins indicating that it has been a pleasure working with the Council, Staff, and citizens in the City of Cypress. Mayor Kenode then presented a gold service pin to Lieutenant Don Amberg of the Police Department in acknowledgement of his ten years of service as a member of the Cypress Police Department. Lieutenant Amberg thanked the Council for this recognition. ORAL COMMUNICATIONS: Mr. E. K. Cooper, 4721 Newman Avenue, Cypress, California addressed the Council re- questing its consideration of installing a traffic signal at the intersection of Denni and Lincoln to reduce the traffic hazard for persons turning onto Lincoln from Denni. - 3- The City Manager advised that this hazard has been a matter of concern to the City Conmoil and that the State Division of Highways recently has approved a project which will provide for bids to be received on August 31, 1969 and the installation of the traffic signal to take place following award of contract. The City Manager further indicated that this project also provides for the installation of a traffic signal at Bloomfield and Lincoln° Mrs° Wllma Wilson, 9190 Whitney Way, Cypress, California addressed the Council in- quiring as to why the public hearing to consider revocation or modification of the conditional use permit for Hyatt Die Cast was not scheduled for this City Council agenda. The Mayor explained that the public hearing on this matter will be scheduled for 8:00 p.m. on August 25, 1969, since this is the earliest date at which all City Council members will be present. Mrs. Wilson then requested the Staff to investigate the noise at the building located on the southerly boundary of the Hyatt Die Cast property prior to the scheduled public hearing° Mr. F~ Patrick O'Hara, 9170 Whitney Way, Cypress, California, addressed the Council indicating that he had been advised that the Planning Counnission had granted a six- month extension to Hyatt Die Cast for planting of trees along Hyatt's property line, and stated that he did not feel this extension was warranted. Mayor Kenode advised that the Council could not legally consider or discuss this matter until the scheduled public hearing on August 25, 1969. Mr. Bruce Blizzard, 9120 Whitney Way, Cypress, California, addressed the Council inquiring as to why the public hearing was not scheduled for the present City Council meeting~ The City Manager explained the procedures required to be followed in scheduling a matter for public hearing and indicated that there was not sufficient time between the Planning Commission meeting and this City Council meeting to comply with the publication of notice requirement. Councilman Kanel stated that this matter could have been scheduled for the City Council meeting of August 11, 1969; however, since he will be out of town on that date, he requested that the public hearing be scheduled for the meeting of August 25, 1969~ PERSONNEL SESSION: It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously carried to go into a personnel session at 7:46 p.m. for the purpose of interviewing a Planning Commission applicant. The meeting was called back to order at 7:57 p.m., with all City Councilmen present. Since Item Noo 2 was a public hearing scheduled for 8:00 p.m., it was moved by Councilman Harvey and seconded by Councilman Noe to proceed to Item No. 4 at this time and proceed with the agenda until 8:00 p.m. COMMUNICATIONS FROM CITIES OF SEAL BEACH AND FULLERTON RE: MUTUAL FIRE PROTECTION PROGRAM: The City Manager presented communications dated June 20, 1969 and June 23, 1969 from the Cities of Seal Beach and Fullerton transmitting copies of Resolutions approving their cities' participation in the mutual fire protection program pro- vided for in the Orange County Civil Defense and Disaster Relief Plan. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried these communications be received and filed. COMMUNICATION FROM COUNCIL ON INTERGOVERNM~XqTAL RELATIONS RE: POLICY STATEMENT AND BACHGROUND PAPER: The City Manager presented a communication dated July 1, 1969 from Mr. Frank Fargo, Executive Secretary of the Council on Intergovernmental Re- lations transmitting a policy statement and background paper recently adopted by the California Council of Intergovernmental Relations, and inviting the City Council's conl~en ts. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried that this communication be received and filed. -4- COMMUNICATION FROM ORANGE COUNTY WHITE HOUSE CONFERENSE COMMITTEE RE: APPOINTMENT OF DELEGATES TO GOVEENOR'S STATE HOUSE CONFERENCE ON. CHILDREN AND YOUTH: The City Manager presented a comunication dated July 2, 1969, from Jane Dickenson, Deputy Chairman of the Orange County White House Conference Committee, requesting the City of Cypress to submit the names of one adult and one youth in the City as repre- sentatives to the Governor's State House Conference on Children and Youth which will be held at the Anaheim Convention Center on November 10 and 11, 1969. The City Manager indicated that the youth representative should be a person between the ages of 15 and 24, and that both representatives shouldbe persons concerned with the problems of youth and be willing to speak out in reference to these problems at the Conference. General discussion was held as to who should be appointed to represent theCity, with the City Council submitting various suggested names of persons in the cowunity. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to direct the Mayor and City Manager to select an adult and youth to represent the City of Cypress from the suggestions made by the City Council to represent the City at the Governor's State House Conference on Children and Youth to be held at the Anaheim Convention Center on November 10 and 11, 1969. CONTINUATION OF PUBLIC HEARING RE: ADOPTION OF NATIONAL ELECTRICAL CODE, 1968 EDITION: The Mayor announced this was the time and place for the continuation of Public Hearing to consider the Adoption by Reference of the National Electrical Code, 1968 Edition, with Amendments. The Mayor stated that the Public Hearing was open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated JUly 24, 1969, indicating 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 adoption of the Electrical Code was presented. The report further reviewed the extent of the amendments to the Code and the purpose of these amendments, and indicated that the City Manager and Building 'Superintendent concur that the adoption of the 1968 National Electrical Code is important to the continuing function of the local building department The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the adoption of the 1968 Edition of the National Electrical Code. Councilman Noe stated that he felt the majority of the provisions contained in the Electrical Code are good; however, he reviewed his objections to certain provisions which he felt would be an imposition on homeowners and homebuilders who either re- construct or add additions to existing structures. His main concern was with the provisions of Article 210-1(b) which requires raceways of sufficient capacity to per- mit utilization of spare circuit protective devices. The Building Superintendent reviewed the reasons for requiring added circuits, indi- cating that it was felt that this would eliminate the requirement for homeowne~sto provide these extra circuits when they make additions to their homes. Councilman Noe indicated that in some instances he felt the requirement for added circuits should be imposed and suggested that possibly this should be a decision made by the building inspector° Councilman Bowen stated that he feels provisions should be made to install more than one outlet in the garage and to install a light switch for the garage light in the garage. There being no written connnunications and no oral protests, the Mayor declared the Public Hearing closed° It was moved by Councilman Bowen and seconded by Councilman Harvey to read the follow- ing Ordinance by title only. 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 Kenode None None -5- Title of the Ordinance is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE, CONSISTING OF SECTIONS 8-1 THROUGH 8-27, THEREBY ADOPTING BY REFER- ENCE THE NATIONAL ELECTRICAL CODE, 1968 EDITION. It was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the first reading of this Ordinance~ The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kenel and Kenode NOES: 1 COUNCILMEN: Noe ABSENT: O COUNCILMEN: None PUBLIC HEARING RE: ANNEXATION NO. 69-3 LOCATED SOUTH SIDE OF LINCOLN AVENUE WEST. OF VALLEY VIEW:.. ~.e M_ay~_annQUnq~ thi~ w.a~ the time and pl.a~e for ~he Fub~ Hear, ing to hear objections from owners of real property within Annexation No. 69-3 lo- cated on the south side of Lincoln Avenue west of Valley View to the proposed Annexationo The Mayor declared the Public Hearing open and requested the Staff to present its reports~ The City Manager read into the record of the Public Hearing a report dated July 24, 1969, indicating that the affidavits of posting., publication end mailing of the Public Hearing notices are on file in the office of the City Clerk. The City Manager further stated that the City has received two communications regarding this Annex- ation as well as a verbal request from two of the property owners for a 30-day continuance of the public hearing. He indicated that if the City Council consented to the requests for continuance, he would withhold reading~Ithe two com~nunications into the record until the August 25, 1969 City Council meeting. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to continue the Public Hearing to consider protests in regard to Annexation No. 69~3 until 8:00 p~mo on Monday, August 25, 1969 in the City Council Chambers. Upon the request of Mayor Kanode, the City Manager reviewed the action taken by the City Council during the afternoon session of the City Council meeting, COMMUNICATION FROM CALIFORNIA LEAGUE OF CITIES. RE:. UN...pER.GRQUNDIN.G.QF. UTILIT!~S ..... BY PRIVATELY-OWNED UTILITY COMEANIES: .Tb..~IC~y Manager presented a co~unication dated July 11, 1969 from Ralph Andersen, Assistant to the Director of the California League of Cities requesting the City Council to submit a co~r~nuntcation to the Cali- fornia State Public Utilities Commission concurring in the proposed report under consideration by the Commission regarding the responsibility of privately-owned utilities to underground utility facilities in areas of new construction and to out- line the need for the utility companies to budget additional funds for the purpose of local utility conversion programs. The communication further indicated that this request is urgent due to the utility companies' objection to these proposals. It was moved by Councilman Bowen, seconded by Councilman Noe end unanimously carried to concur in the request of the League of California Cities and to authorize the City Manager to direct a communication to the California Public Utilities Comm~ssion in support of the proposed report on utility undergrounding and requesting additional funds for underground conversion projects° COMMUNICATION FROM ASSEMBLYMAN KENNETH CORY RE: SENATE BILLS 62 AND 63 DEALING WITH PORNOGRAPHY: The City Manager reviewed a communication dated July 14, 1969, from Assemblymen Kenneth tory transmitting copies of Senate Bills 62 and 63 which deal with pornography and which recently have been signed into law by Governor Reagan. Copies of these Bills will be on file in the office of the City Clerk. It was moved by Councilmm~ Bowen, seconded by Councilman Noe and unanimously carried this communication be received and filed. COMMUNICATION FROM CITY OF BREA RE: HOME RULE: The City Manager presented a com- munication dated 3uly 16, 1969, from the City of Brea transmitting a copy of the Brea City Council's Resolution regarding State-imposed programs for local government. The Resolution expressed concern in reference to State legislative proposals which would impose costs on local government without regard for the ability of the local governmental agency to implement and fund these progranm, and indicated support for a constitutional amendment which would define the role of the State in imposing these types of programs on local governmental agencies° -6- 391 Mayor Kenode advised that this matter had been discussed at a recent meeting of the Orange County Division of the League of California Cities and that further information from that organization would be received by the City in the near future. It was moved by Councilman Bowen, seconded by Councilman Noe end unanimously carried to continue consideration of the communication from the City of Brea until the regular City Council meeting of AuguSt 11, 1969. COMMUNICATION FROM. C~Y OF.~EWPORT BEACH RE: PRESERVATION OF BEACHES AND SHORELINE: The City Mena~er presented-aI communication dated July 18, 1969, from the City of Newport Beach transmitting a copy of a ReSolutiOn relatingt~the p;eseryat!on of beaches and shoreline~ It was moved by Councilmen Bowen, seconded by Councilman Kanel and unanimously carried this coxmnunication be received and filed° COMMUNICATION FROM GERALD A. WILKE RE: .RES!qNATION FROM.CYpRE.SS PLANNING COMMISS!QN~ The City Manager presented a communication dated JulXl0, 1969, from Mr. Gerald A. Wilke regretfully advising the City Council that he will not be available for appo{nt- ment as Planning Commissioner for another term and submitting his resignation effective at the termination of his present term of office, which is August 5, 1969. It was moved by Councilmen Noe, seconded by Councilmen Harvey end unanimously carried to regretfully accept the resignation and to authorize the City Manager to transmit a co~u~untcation to Mro Wilke expressingtheqlppr~ciation of the City Council end Staff for his services as Planning Commissioner° It was further moved by Councilman Noe and seconded by Councilmen Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 992 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR. GERALD A. WILKE FOR HIS CONTRIBUTION TO THE COMMUNITY AS A MEMBER OF THE CYPRESS PLANNING COMMISSION. 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 CONSIDERATION OF REPORT ON PROBLEM OF LOCAL DRAINAGE--10181 ST. JOAN CIRCLE: The City Manager presented a report dated July 24, 1969 reviewing the results of in- vestigations conducted by the Police Department and the Public Works Department relative to the local drainage problem at the residence of Mr. Lionel Schulte, 10181 St. Joan Circle, Cypress, as requested by the City Council at its meeting of July 14, 1969. The report indicated that the problem of parked vehicles could be controlled; how- ever, the depression in the driveway would require an expenditure of approximately $500 to repair~ Since there are other areas in the City with similar conditions, the Public Works Department is compiling a full report on this matter which will be submitted to the Council at a later date. It was moved by Councilman Kenel, seconded by Councilmen Noe end unanimously carried to request the City Manager to advise Mr. Schulte of the results of the studies con- ducted by the Public Works end Police Departments end to further defer action on correcting the curb end gutter condition until such time as a complete report can be prepared in reference to the cost of this program for all similar areas through- out the City° CONSIDERATION OF APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO ADVE.RTISE FOR BIDS-- REMOVAL OF SEASONAL AND RECURRENT WEEDS: The City Manager presented a report dated July 23, 1969, from the Public Works Director reviewing the program for the abate- ment of seasonal and recurring weeds, such as tuznbleweeds and other heavy suum%ertime weeds growth, under the provisions of the spring weed abatement specifications, with- out the necessity of conducting further public hearings. The legislation provides that the legislative body may declare the existence of the nuisance and that the notice of the seasonal and recurring nuisance may be accomplished by mailing a post- card notice to the property owner. The report did indicate, however, that since the weed abatement work which was covered by the spring contract has been completed, it will be necessary to adver- tise for bids for the program of removal of the recurring and seasonal weeds, which is estimated to cost approximately $!0,000. It was moved by Councilman Bowen and seconded by Com%cilman Harveyto approve the specifications for the removal of seasonal and recurrent weeds and to authorize the City Clerk to advertise for bids for this program, with bids to be received at 10:00 a.m. on August 20, 1969~ 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 CONSIDERATION OF APPROVAL OF DIAGRAM AND FINAL AS. SESSMENT ROLL FQR..C~.PP~.~S DISTRICT NOo 2 FOR THE 1970 CALENDAR YEAR: The C~t3M~n.~g~rR~r~e~t~ dated J~!Y 23, 1969 from the Public Works Director transmitting a copy of the modi- fied report of the City Engineer and outlining the necessity to adopt a Resolution approving the Modified Report as well .as the final assessment rQ~lfor thi~ Lighting District. It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the follow- ing Resolution by title only, title as follows: RESOLUTION NO. 993 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, LEVYING ASSESSMENTS ON PARCELS OF L~ND LOCATED IN THAT AREA KNOWN AS CITY OF CYPRESS LIGHTING DISTRICT NO. 2 TO PAY FOR THE COST OF THE INSTALLATION, MAINTENANCE AND FUR- NISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM FOR THE PERIOD FROM JANUARY 1, 1970 THROUGH DECEMBER 31, 1970, PURSUANT TO THE REPORTS OF THE CITY ENGINEER OF SAID CITY ALL IN ACCORD WITH AND PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." 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 CONSIDERATION OF ESTASLISRM~NT OF TAX ASSESSMENTS FOR FLY ABATEMENT (L. BAROLDI DAIRY) AND FOR NUISANCE ABATEMENT (SHEREMORE CORPORATION PROPERTY AT NORTHEAST CORNER OF ORANGE AND DENNI): The City Manager presented a report dated July 24, 1969 outlining the necessity to impose tax assessments in the amount of $1,378.69 for fly abatement work completed on the L. Baroldi Dairy located at 6716 Cerritos Avenue, Cypress and identified as Parcel 134-441-02, in the amount of $760 for removal of debris and trash as part of the nuisance abatement work on property owned by the Shoremore Corporation at the northeast corner of Orange and Denni, identified as Parcel 244-013-54o The report indicated that previous invoices to the subject property owners for this work have not been acknowledged and that Resolutions are required to be adopted by the City Council which will establish these charges as tax liens on the properties in the forthcoming fiscal year~ It was moved by Councilman Harvey and seconded by Councilman Bowen to adopt the following R~solution by title only, title as follows: RESOLUTION N01 994 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THE COSTS OF ABATING A NUISANCE TO BE A CHARGE AND SPECIAL ASSESSMENT UPON A PARCEL OF LAND, AND PROVIDING FOR THE COLLECTION THEREOF. 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 - 8- It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the follow- ing Resolution by title only, title as follows: RESOLUTION NO. 995 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THE COSTS OF ABATEMENT OF A NUISANCE AS A SPECIAL ASSESSMENT AND LIEN UPON CERTAIN LAND WITHIN THE CITY, AND DIRECTING THE COLLECTION THEREOF. 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 REQUEST FOR EXEMPTION FROM SPECIAL PERMIT-- MILITARY ORDER OF THE PURPLE.. ~ART;_.The City Manager presented a report dated July 24, 1~969, reviewing a request which has been received from the Military Order of the Purple Heart, 218 Locust Avenue, Long Beach, California, for permission to solicit from door-to-door for reuseable items to be picked up and reconditioned in shops operated by Thrift Stores, which allows for employment of disabled, handicapped and otherwise unem- ployable "over-age" veterans, The City Manager reviewed the provisions of the City Code relating to the granting of exemptions from special permits for charitable organizations, and requested the Council to consider the provisions of Code Section 15-62 to determine whether or not to grant the exemption as requested. Following discussion in reference to the purposes of the solicitation request, it was moved by Councilman Kanel and seconded by Councilman Harvey to grant the request of the Military Order of the Purple Heart, 218 Locust Avenue, Long Beach, California, for permission to solicit from door-to-door in the City of Cypress, in accordance with Section 15-57 A(1)(b) of the Cypress City Code, subject to the condition that all persons associated with the solicitation program register with the Cypress Police Departmonto 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 Kenode None None CONSIDERATION OF PROPOSAL FROM HAHN, WISE AND ASSOCIATES TO UPDATE THE GENERAL PLAN AND TO ADD THE HOUSING ELEMENT TO THE GENERAL PLAN: ~Tbe City Manager presented a report dated July 24, 1969, which reviewed the proposal of Hahn, Wise and Associates, dated May 9, 1969 in the amount of $13,000 for updating the City General Plan and providing a Housing Element as an additional part of the Master Plan. The report indicated that the estimated time for completion of the project is twelve months, at which timo the revised elements and Housing Element will be reviewed by both the Planning Commission and the City Council° It was moved by Councilman Bowen and seconded by Councilman Noe to accept the proposal of Hahn, Wise and Associates, Inc., dated May 9, 1969 in the amount of $13,000 for the revisions to the General Plan and the development of a Housing Plan, and to authorize the Mayor and City Clerk to enter into an appropriate contract for com- pletion of this work in a form prepared and approved by the City Attorney. The n~- tion 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 CONSIDRRATION OF AGR~RMENT WITH STATE OF CALIFORNIA FOR URBAN PLANNING ASSISTANCE PROGRAM: The City Manager presented a report dated July 24, 1969, outlining the necessity to adopt a Resolution approving the Contract between the State of Cali- fornia and the City of Cypress for the Urban Planning Assistance Program. The project cos t for this program is estimated to be in the amount of $30,000, of which the City will provide $4,375 in cash outlay, with an additional $5,600 to be pro- vided by the City in services performed. The planning project includes the aerial mapping, socio-economic survey, review and visual survey of the General Plan, development of a con~munity design plan formulation, detailed plans for Lincoln Avenue design and reconmaendattons for the implemontation of the program. 9 It was moved by Com%cilman Bowen and seconded by Councilman Harvey to adopt the following Resolution by title only, itile as follows: RESOLUTION NO~ 996 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF CYPRESS PURSUANT TO CHAPTER 1641, STATUTES OF 1959. 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 CONSIDERATION OF APPROVAL OF CONTRACT WITH.~CKBO, DEAN, AUSTIN AND WILLIAMS%r UREAN...TOWNSCAPE PROJECT: The. C~y.M~na~er presented a ~epQ.rt d~d July 24,~1969.,~ indicating that with the receipt of authorization for the Federal Planning Grant, the award of the contract to Eckbo, Dean, Austin and Willjams for completion of the Urban Townscape Plan can now be effectedo This contract proposal, which was previously accepted by the City Council, involves a total expenditure of $24,000 of which $19,625 will be provided by the Federal Planning Assistance Grant. In addition, an amount of $4,375 will be expended by the City and an additional $5,600 will be provided by the City in the form of staff services. The City Attorney has prepared the appropriate contract documents which are in a form approved by the City Manager, Planning Director and City Attorney. It was moved by CouncilmanKanel and seconded by Councilman Bowen to authorize the Mayor to sign and the City Clerk to attest the contract with Echo, Dean, Austin and Williams for th~ Urban Townscape Design Project. 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 CONSIDERATION OF PROPOSED COOPERATIVE STORM DRAI~ PROJECTTT_IMPROVEMEN. T OF J. ONATHAN ... STORM CHANNEL: The City Manager presented a report dated July 24,1969, reviewing negotiations which have been held with the Orange County Flood Control District officials relative to constructing the permanent sections of the Jonathan drainage channel adjacent to Tracts 4421 and 4966 and the crossing of this channel at Valley View into the Bols a Chica Channel. The report further reviewed problems which have to be solved prior to entering into any cooperative agreement to construct this channel, which concern the provisions of the easement from the Southern Pacific Company for construction of this facility and the condition imposed on Tentative Tra~t No. 6657 requiring construction of the interim channel by the developer. The report indicated that the construction of this project would require an advance of $150,000 of City funds, which would be reimbursed by the District and that sufficient funds are available in the Reserve for Capital Improvements for this pro- Ject. In response to an inquiry from Councilman Harvey, the City Manager stated that if negotiations are finalized, award of contract for this project could be scheduled in September or November, which will place construction very close to the rainy season. The City Manager further explained that this project had been previously funded by Orange County; however, with the need for emergency repairs due to the last rain storm, the County has had to delay construction of this facility. It was moved by Councilman Bowen and seconded by Councilman Noe to authorize the City Manager and Public Works Director to finalize negotiations with representatives from the Orange County Flood Control District, the Southern Pacific Railroad Company and the developer of Tentative Tract No~ 6657 to provide for the permanent con- struction of a portion of the Jonathan Storm Channel. 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 - 10 - [ 95 It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to proceed to Item No. 22 and 23 at this time and to continue Item No. 21 until the latter portion of the agenda~ CERTIFICATION OF EMPLOYMENT LIST--POLICE OFFICER: The City Manager Presented a report dated July 28, 1969, reviewing the results of an open competitive examination which has been conducted for the position of Police Officer. It was moved by Councilman employment list for poli~e by the following roll call Harvey and seconded by Councilman Noe to certify the officer as presented. The motion was unanimously carried vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF APp.R.OVAL.QF.~O.M~..Rg~.AL..WARRANT.L!.$T. F0~..WARR~..~S.~179Q,TI~ROUGH 21884: It was moved by Councilman Noe and seconded by Councilman Kanel Co appreve the Commercial Warrant List for Warrants Noo .21790 through 21884 in the amount of $70,681.46. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode NOES: O COUNCILMEN: None ABSENT: O COUNCILMEN: None ORAL COMMUNICATIONS: There were no oral communications presented at this time. General discussion was held as to whether the City should consider entering the 1969 All America Cities Contest and it was generally agreed that the City Manager should attempt to contact an official from Cypress Junior College to determine whether or not the college would wish to again nominate the City for ~h!s award. Upon the request of Mayor Kenode, it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to place consideration of recognition of the moon landing on the agenda for consideration at this time. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION 997 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE NATIONAL AERONAUTICS AND SPACE ADMINIS- TRATION AND ASTRONAUTS, NEIL ARMSTRONG, EDWIN ALDRIN, JR. AND MICHAEL COLLINS FOR THE SUCCESSFUL MOONLANDING. 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 PERSONNEL SESSION: It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to go into a Personnel Session at 9:11 p~m. for the purpose of interviewing a Planning Commission applicant° The meeting was called back to order at 9:40 p.m., with all City Councilmen in attendance. EXECUTIVE SESSION: It was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously carried to go into an executive session at 9:41 p.m. for the purpose of discussing pending litigation relative to the proceedings for dissolution of the Cypress County Water District. The meeting was called back to order at 10:00 p.m., with all City Councilman in attendance. - 11 - CONSIDERATION OF REPORT OF LITIGATION--DISSOLUTION OF CYPRESS COUNTY WATER DISTRICT PROCEEDINGS: It wa~ moved by Councilman BOWen, seconded by Councilman Noe and unanimously carried to receive and file the report dated July 24, 1969, from the City Manager regarding the law suit which has been filed by the Cypress County Water District against the Local Agency Formation Commission. In response to an inquiry from Councilman Harvey regarding the status of the teen center site, the City Manager indicated that the acquisition and construction of a teen center has been discussed on the staff level and there are several alternatives that have been considered. The City Manager indicated that several interim facilities for teen activities were under consideration and an additional study was underway regarding the possibility of employing a person who would be responsible for coordinating any programs or facilities which might be made available for the teenagers of the City. Councilman Bowen suggested that the feasibility of establishing a City Park and Recreation interim Department with emphasis on youth activities, be included as part of the Staff's study and report on facilities for teenage activities. It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to direct the City Manager to expand the Staff report on the facilities for a teen center to include a feasibility study for the establishment of a City park and recre- ation department, with enphasis on the position of youth coordinator and youth activities. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to adjourn the meeting at 10:15 p.m. until 9:00 a.m. on Saturday, August 2, 1969, in the Ad- ministrative Conference Room in the West Wing of the Cypress Civic Center, 5275 Orange Avenue, Cypress, California. ATTEST: MAYOR OF THE CITY OF CYPRESS ~, X/ CITY CLERK OF THE ~ITY OF CYPRESS - 12 -