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Minutes 69-08-11MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 11, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, AugUst 11, 1969, in the City. Council Chambers, 5275 Orange Avenue, Cypress, California, MayOr Delno G. Kanode presiding. PRESENT: Councilmen Bowen, Noe and Kanode ABSENT: Harvey and Kanel Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson and the following members of the City Staff: Dunlap, Grissom, Poertner and Putnam. MINUTE S: It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to approve the Minutes of the regular meeting of July 28, 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 August 2, 1969 as mailed. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to proceed to Item No. 10 at this time. COM~nNICATIONS FROM LEAGUE OF CALIFORNIA CITIES. J. BARTH AND COMPANY. STONE & YOUNGBERG, MUNICIPAL CONSULTANTS OF CALIFORNIA AND MUNICIPAL FINANCE OFFICERS ASSOCIATION RE: REMOVAL OF TAX EXEMPT STATUS ON LOCAL GOVERNMENT BONDS: The City Manager presented communications from the League of California Cities, the Municipal Consulting Firms of J. Barth and Company, Stone & Youngberg, and Municipal Consultants of California and from Mr. Joseph F. Clark, Executive Director of the Municipal Finance Officers Association, urging the City Council to oppose the Federal legislation which has been introduced to remove the tax exempt status on local government bonds. The communications indicated that if this measure were to be passed the cost of local improvements which are financed through local government bonds would be increased tremendously, which would result in higher taxes for all citizens of cities throughout the Country. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried to request the City Manager to inm~diately address a cou=nunication to the appropriate congressional representatives urging opposition to this Federal proposal to remove the tax exempt status of state and local bonds. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MINUTES OF MEETING OF BOARD OF TRUSTEES: The City Manager reviewed a communication dated July 22, 1969 from Mr. Jack H. Kimball, District Manager of the Orange County Mosquito Abatement District, transmitting a copy of the Minutes of the Board of Trustees meeting held 3uly 17, 1969. A copy of these Minutes is on file in the office of the City Clerk. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried this communication be received and filed. COMMUNICATION FROM CHAIRMAN OF BUENA PARK SILVERADO DAYS ACTIVITIES RE: CITY PARTICIPATION IN PARADE ACTIVITIES: The City Manager reviewed a co=nunication dated June 30, 1969 from Mr. Ralph K. Hines, General Chairman of the Buena Park Silverado Days activities, inviting the City Council to participate in the Silverado Days Parade scheduled for October 26, 1969 by entering a float. The City Manager suggested that since the Chamber of Commerce is coordinating the Bicentinnial activities of the City it may be possible for the Chamber to utilize one of the parade floats from the Cypress parade in this Buena Park event. 40 - It was moved by Councilman Bowen and seconded by councilman Noe to refer this communication to the Cypress Chamber of Commerce requesting that they provide Mr. Hines with an early confirmation as to whether or not the City and Chamber will participate in the Buena Park Silverado Days Celebration. Following brief discussion in which it was agreed that sponsorship of this float would be accomplished by both the City and Chamber, the motion was unanimously carried. COMMUNICATION FROM PEACE OFFICER STANDARDS AND TRAINING COMMISSION RE: REIM~' BURSEMENT OF TRAINING COSTS TO CITY: Tbe.~ity. M~nag_er~ey!ew.ed a conmunicati0n dated August 1, 1969, from Mr. Earl R. Strathman, Chairman of the CommisSion on Peace Officer Standards and Training, transmitting the Cormmlssion's share of the police training costs incurred by the City of Cypress during the fiscal year ending June 30, 1969 in an amount of $3,923.40. The City Manager indicated that this partial reimbursement is accomplished as a result of the Cypress Police Department's standards of training being in accordance with the Commission's policy. It was moved by Councilmen Noe, seconded by Councilman Bowen and unanimously carried this communication be received and filed. COMMUNICATION FROM MI{. RICHARD A, CADIEU RE: LOS ALAMITOS NAVAL AIR STATION EXPANSION P~DPOSAL: The City Manager read in full a communicationdated July 31, 1969 from Mr. RIchard A, Cadieu requesting the City to continue to oppose ex- pansion of the Los Alamitos Naval Air Station and assurlng.theCity COuncil of the public's support of this action. It was moved by Councilman Noe, seconded by Mayor Kenode and unanimously carried this communication be received and filed and the City Manager be requested to advise Mr. Cadieu of the City Council's efforts to oppose this proposed expansion of the Naval Air Station. CONTINUATION OF CONSIDERATION OF COMML~..~q~gN FROM CITY OF BREA RE: STATE IMPOSED PROGRAMS FOR LOCAL GOVERNMENT:~.ITb_~Ct~y Manager p~eSe~ted a. communi- cation from the City of Brea which had been continued from the City Council meeting of July 28, 1969 requesting adoption of a Resolution opposing State- imposed programs for local government without regard for local governments' ability to implement or fund these projects, and requesting the League of California Cities to endorse a Constitutional amendment clarifying the role of the State government in imposing such programs upon local governments. The City Manager stated that the Orange County Division of the League of Cali- fornia Cities in its consideration of the Brea Resolution has concurred in the contents of this Resolution and has suggested that rather tha~ each city adopting. individual resolutions, the resolution be transmitted to the California League of Cities as a recommendation from the Orange County Division of the League. Each city representative will be requested to vote on this matter at the Executive Committee meeting of the Orange County League scheduled for Thursday, August 14, 1969. The City Manager also reviewed a Resolution from the City of Tustin adopting a position similar to that of the City of Brea. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the Ctty's delegate to the Orange County League of Cities Executive Committee to vote in favor of the Resolution of the Orange County Division of the League at its August 14, 1969 Executive Meeting. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Bowen, Noe and Kenode None Harvey and Kanel CONSIDERATION OF ACCEPTANCE OF IMPROVE. MENTS AND RELEASE OF BONDS FOR SPECIAL PROJECT NO, 65--SOUTHWEST CORNER OF VATLRy VIEW AND ORANGE (SYK/~S AND MARCUSSION): The City Manager presented a report dated August 4, 1969 from the Public Works Director advising that the public improvements on Orange Avenue from Valley View to 508.6 feet west of Valley View and on Valley View from Orange to 674 feet south of Orange have been satisfactorily completed in accordance with plans and specifications. - 2 - It was moved by Councilman Noe and seconded by Councilman Bowen to accept the improvements on Orange Avenue from Valley View Street to 508.6 feet west of Valley View and on Valley View from Orange Avenue to 674 feet south of Orange as being satisfactorily completed in accordance with plans and specifi cations for Special Project Not 65, and to authorize the City Clerk to release the Faithful Performance and Labor and Materials bonds upon expiration of the re- quired lien period, providing no mechanic's liens have been filed. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 2 COUNCILMEN: Bowen, Noe and Kanode None Harvey and Kanel CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 6489 (LARWIN COMPANY): The City Manager presented a report dated August 4, 1969 from the Public Works Di rector advising that the public improvements in Tract 6489, which is located north of Ball between Denni and Bloomfleld, have been satisfactorily completed in accordance with plans and specifications; however, certification by the developer's landscape architect that the street trees have been planted according to City specifications remains to be done. The report indicated that prior to release of bonds, water flow testing of all gutters for low points will be required~ It was moved by Councilman Bowen and seconded by Councilman Noe to accept the public improvements in Tract 6489 as being satisfactorily completed in accordance with plans and specifications and to authorize the City Clerk to release the Monumentation and Labor and Materials Bonds upon expiration of their required lien periods providing no mechanic's liens have been filed, with the Faithful Performance Bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship, subject to compliance with the following conditions: L Certification of street trees by developer's landscape architect. 2. Satisfactory water flow test of gutters. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Bowen, Noe and Kanode None Harvey and Kanel CONSIDERATION OF MODIFIED JOINT POWERS AGREEMENT BETWEEN CITY AND CYPRESS LIGHT- ING DISTRICT OF ORANGE COUNTY--LIGHTING DISTRICT NO. 2, 1970 CALENDAR YEAR: The City Manager presented a report dated August 6, 1969 from the Public Works Direc- tor outlining the necessity to modify the Joint Powers Agreement with the Cypress Lighting District of Orange County to provide for the allocation of funds acquired from the District to be divided between the City of Cypress Lighting District No. 2 and the Cypress Lighting District of Orange County and to further provide for the Cypress Lighting District of Orange County to collect and pay for energy charges for said territory up to and including June 30, 1970. This modi- fication was requested by the County Counsel's office. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the Modified Joint Powers Agreement between the City of Cypress and the Cypress Lighting District of Orange County to provide for street lighting energy charges and to authorize the Mayor to sign and the City Clerk to attest the Agreement. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Bowen, Noe and Kanode None Harvey and Kanel CONSIDERATION OF JOINT POWERS AGREEMENT BETWEEN CITIES OF CYPRESS AND LOS ALAMITOS FOR CONSTRUCTION AND MAINTENANCE OF TRAFFIC SIGNAL AT BALL ROAD AND BLOOMFIELD, PROJECT NO. 6960-10-0475: The City Manager presented a report dated August 5, 1969 from the Public Works Director reviewing a 3oint Powers Agreement between the Cities of Cypress and Los Alamitos which provides for the construction and maintenance of a traffic signal at Ball Road and Bloomfield Street. The Agree- ment provides for the City of Cypress to design, advertise, award contract and administer the construction contract for the traffic signal with the City of Los Alamitos to reimburse the City of Cypress for its share of the cost. The Agreement has been reviewed and approved as to form by the City Attorney. - 3- It was moved by Councilman Noe and seconded by Councilman Bowen to approve the Joint Powers Agreement between the City of Cypress and the City of Los Alamitos for the construction and maintenance of the traffic signal at the intersection of Ball Road and Bloomfield Street and to authorize the Mayor to sign and the City Clerk to attest the Agreement. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Bowen, Noe and Kenode None Harvey and Kanel CONSIDERATION OF APPROVAL OF FA~UE A~P~MF~NT WITH S%~TE DIVISION OF HIGHWAYS FOR IMPROVEMENT OF KATELLA AVENUEs CITy PROJ~CT NO. 6815-%0-0403:' Th~ City Manager presented a report dated August 6, 1969 from the Public Works Director reviewing a request from the State Division of Highways to enter into a new Agreement for funding of the Katella Avenue Street Improvement Project in accordance with actual bid contract prices. An additional allocation of Fed- eral Aid Secondary Urban Extension funds will be requested when the project is completed and all costs are known. It was moved by Councilman Noe and seconded by Councilman Bowen to approve Federal Aid Secondary Urban Extension Agreement 69-10 (revised) for Urban Ex~ tension Project 826-3 and to authorize the Mayor to sign and the City Clerk to attest the Agreement on behalf of the City. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Bowen, Noe and Kenode None Harvey and Kanel CONSIDERATION OF APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR REMOVAL OF TREES ON CITY STREETS:_ .~.e QityManagerpreSented a report dated August 6, 1969 from the Public Works Director requesting authorization to proceed with the program of removing approximately 200 larg$ ash trees and t~p~ ping the eucalyptus trees on the west side of MoOdy next tot he tank farm be- tween Orange and Ball. Removal of the ash trees is necessitated aa a result of . the roots of the trees breaking curb, gutter and sidewalk thereby presenting a. hazard to pedestrians and interfering with the flow of water in gutters. The ash trees are generally located east of Walker and west of Walker in the area below Ball Road, Marcella, Aurelia, Myra and Belle. The City Manager indicated that Councilman Kanel had expressed concern over this item; however, since this matter will be the subject of further action in the award of contract, further discussion could be held at that time. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the specifications for removal of trees on City streets and to authorize the City Clerk to advertise for bids, with bids to be received on September 3, 1969 at 10:00 a.m. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 2 COUNCILMEN: Bowen, Noe and Kenode None Harvey and Kanel CONSIDERATION OF APPROVAL OF SUPPLEMENTAL AGREEMENT WITH STATE DIVISION OF HIGH- WAYS FOR MOODY STREET STORM DRAIN CROSSING UNDER LINCOLN AVENUE, PROJECT NO. WS-6-05-0302: The City Manager presented a report dated August 6, 1969 from the Public Works Director outlining the necessity to enter into a Supplemental Cooperative Agreement with the State Division of Highways modifying the pre- vious Agreement which provides for the Moody Street Storm Drain Crossing under Lincoln Avenue in conjunction with the Department of Housing and Urban Develop- ment Storm Sewer Project WS-6-05-0302. The Supplemental Agreement is necessary to provide additional funds for the Moody Street Storm Drain since the contract awarded for this Schedule of the Project exceeded the cost estimate in the previous agreement. It was moved by Councilman Bowen and seconded by Councilman Noe to approve the Supplemental Cooperative Agreement, District Agreement No. 2397 S-l, with the California Division of Highways providing additional funds for the Moody Street Storm Drain crossing under Lincoln Avenue, and to authorize the Mayor to s~gn and the City Clerk to attest the Agreement on behalf of the City. The motion was unanimously carried by the following roll call vote: - 4- AYES: 3 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 2 COUNCILMEN: Bowen, Noe and Kanode None Harvey and Kanel CONSIDERATION OF CONTRACT FOR CODE SUPPLEMENT AND RE-INDEXING OF CITY CODE: The City Manager presented a report dated August 7, 1969 reviewing a proposed Contract with Municipal Code Corporation which provides for the re-indexing of the City Code and the preparation of supplements every 90 days at a cost of $11 per page. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the Contract for Code Supplement and Re-indexing services and to authorize the Mayor to sign and the City Clerk to attest the contract with Municipal Code Corporation, subject to approval of the form of the contract by the City Attorney. COUNCILMAN HARVEY ARRIVED AT 4:26 P.M. AND TOOK HIS PLACE ON THE PODIbM. Councilman Noe's motion was then unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Bowen, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel ABSTAINED: 1 COUNCILMEN: Harvey CONSIDERATION OF APPROVAL TO INSTALL POLICE DEPARTMENT DIRECTIONAL SICN: The ,City Manager presented a report dated August 7, 1969 outlining the need for additional directional signing for the Police Department at an extimated cost of $400. The proposal is for a single face illuminated sign with a plaxiglas background which will blend into the architecture of the Civic Center to be placed on the west side of the stairway leading to the Police facility. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the Staff to proceed with the installation of the Police Department directional sign and to authorize the transfer of $400 to the Government Buildings Con- tractual Services Account from the REserve for Capital Improvements. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel CONSIDERATION OF APPLICATION FOR PRIVATE PATROL PERMIT--L & J SECURITY INC: The City Manager presented a report dated August 7, 1969, reviewing an application from Mr. Lloyd Ashburn, representing L & J Security, Inc., for a private patrol permit to conduct private patrol operations in the Tanglewood North area. The report indicated that the Police Department has completed an investigation of the application and finds no reason to protest issuance of the permit. It was moved by Councilman Bowen and seconded by Councilman Noe to authorize the issuance of a permit for Private Patrol Services at Tanglewood North to L & J Security, Inco 18422 Yorba Llnda Boulevard, Yorba Linda, California, subject to compliance with the provisions of the City Code relative to the operation of private patrol services° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMENT, BETWEEN CITY OF CYPRESS AND CITY OF LOS ALAMITOS FOR STREET STRIPING: The City Manager presented a re- port dated August 5, 1969 from the Public Works Director reviewing a proposed Joint Powers Agreement for the City to provide street striping services to the City of Los Alamitos. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the Joint Powers Agreement between the City of Cypress and the City of Los Alamitos for street striping services and to authorize the Mayor to sign and the City Clerk to attest the Agreement on behalf of the City. The marion was unanimously carried by the following roll call vote: -5- 4.05 AYES: 4 COUNCILMEN: BoWen, Harvey, Noe and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 21885 THROUGH 21992: It was moved by Councilman Harvey and seconded by Councilman Bowen to approve the Cormnercial Warrant List for Warrants No. 21885 through 21992 in the amount of $361,046.93. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel SECOND READING ORDINANCE RE: NATIONAL ELECTRICAL CODEs 1968 EDITION: It was moved by Councilman Harvey and seconded by Councilman Bowen to read the follow- ing Ordinance by title only. The motion was unanimously carried by the follow- ing roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel Title of the Ordinance is as follows: ORDINANCE NO. 414 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 REFERENCE THE NATIONAL ELECTRICAL CODE, 1968 EDITION. It was moved by Councilman Harvey and seconded by Councilman Bowen to adopt the second reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: Bowen, Harvey and Kanode NOES: 1 COUNCILMEN: Noe ABSENT: 1 COUNCILMEN: Kenel In response to an inquiry from Councilman Harvey, Mayor Kanode stated that Mrs. Tish Geldbach of the Cypress 3r. Women's Club and Miss Vicki Vielay had been named as the City's representatives to the Governorts State House Conference on children and youth. In response to a request from Councilman Harvey, the City Manager read the communication from Mr. Richard Cadieu indicating his support of the City's efforts to prevent the expansion of the Los Alamitos Naval Air Station. The City Manager further indicated that telephone calls have been received by the City from persons residing in Cypress as well as surrounding communities offer- ing their support of any programs the City takes to prevent the land acquisition program by the Navy. CONSIDERATION OF AWARD OF CONTRACT FOR VALLEY VIEW STORM DRAIN FROM CARBON CREEK CHANNEL TO 900 FEET NORTH, CITY PROJECT 6916-20: The City Manager presented a report dated August 6, 1969, from the Public Works Director reviewing the results of a bid opening held on August 6, 1969, for construction of the Valley View Storm Drain from the Carbon Creek Channel to 900 feet north. The report indicated that of six bids received, J. L. Scott, 517 S. Brookhurst, Anaheim, submitted the lowest and best bid in the amount of $26,906.00, which is approximately 25% below the Engineer's estimate for the project. It was moved by Councilman Harvey and seconded by Councilmen Noe to determine that the lowest and best bid was submitted by J. L. Scott Company, 517 South Brookhurst Street, Anahetm, California, for the construction of the Valley View Street Strom Drain from Carbon Creek Channel to 900 feet north and that the contract be awarded to 3. L. Scott Company as per their proposal dated August 6, 1969, in the amount of $26,906.00. The motion was unanimously carried by the following roll call vote: -6- AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel At this time, Mayor Kenode presented five-year service pins to City Attorney Jmnes Eo Erickson, and Councilmen Frank P. Noe and Robert C. Harvey. Upon the request of the City Manager, it was moved by Councilman Bowen and seconded by Councilman Harvey to place consideration of adoption of a Resolution of Conunendation for Wayne Worley on the agenda for consideration at this time. It was moved by Councilman Noe and seconded by Councilman Harvey to adopt the following Resolutlonby title only, title as follows: RESOLUTION NO. 998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING WAYNE WORLEY FOR HIS SERVICES TO THE COMMUNITY AS A MEMBER OF THE CYPRESS PLANNING COMMISSION. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel The City Manager reviewed a communication from the Orange County Health Depart- ment requesting authorization to conduct a survey regarding neighborhood acceptance of dairy operations. The survey is proposed to be conducted in the neighborhood adJ scent to the Herrings Dairy, and the County is requesting per- mission to indicate to the residents that they are conducting the survey on be- half of the City. Following general discussion, it was agreed that this matter would be placed on the City Council agenda for the meeting of August 25, 1969. The City Manager reported to the City Council the recent action of the City Managers' Association of Orange County in recov~n~nding that the Orange County Criminal Justice Council be made a part of the Southern California Association of Governments organization. Following discussion, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place this matter on the agenda for consider- a tion at this time. It was moved by Councilman Noe and seconded by Mayor Kanode to authorize the City Manager to notify the Orange County Division of the League of California Cities that the City Council would prefer that the Orange County Criminal Justice Council be made a part of the Southern California Association of Governments organization. In response to an inquiry from Councilman Harvey, the City Attorney advised that this matter had not been presented to the City Attorneys' Association for con- sideration at this time° He stated, however, that he would prefer an organization such as the Criminal Justice Council to be governed by a political rather than professional organization. Following discussion regarding the desirability of the California Criminal Justice Council being governed by a political rather than professional organization, Councilman Noe's metion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel The City Manager reviewed a communication dated August 5, 1969, from the City of Los Alamitos requesting the City's consideration of entering into a Joint powers agreement with that City for animal pound services. It was generally agreed that the City of Cypress would not proceed with a joint powers agreement for this service at this time. - 7- .07 The City Manager reviewed the actions taken by the Cypress School Board in establishing a public hearing date to consider granting of the easement for access to an elementary school. The School Board had inquired as to why this easement was requested by the developer of the tract rather than by the City. It was moved by Councilmen Harvey, seconded by Councilman Bowen and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Harvey, seconded by Councilman Bowen and unanimously carried to request the City Manager to direct a communication to the Cypress School Board outlining the position of the City Council relative to its desire to obtain an access road near the Vessels School. RECESS: It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to recess at 5:07 p.mo 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, Noe and Kenode ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Leonard Hampel and the following members of the City Staff: Dunlap, Grissom, Nudson, Poertner, Putnam, Savord and Schatzeder. RECOGNITION OF SERVICES OF FORMER PLANNING COMMISSIONERS GERALD A WILKE AND WAYNE WORLEY: At this time Mayo~.K~nQd~ read in full Resolution No. 992 conmmnding former Planning Commissioner Gerald A Wilke for his services to the community as a member of the Cypress Planning Commission. Mayor Kan6de indi- cated that Mr. Wilke was recently elected to the Cypress School Board and had, therefore, submitted his resignation from the Commission. Mr. Wilke thanked the City Council for this recognition. Mayor Kanode then read in full Resolution No. 998 commending former Planning Commissioner Wayne Worley for his years of service to the community as a member of the Cypress Planning Con~nission. Also, in recognition of his length of service, Mr. Worley was presented with a Community Service Plaque. Councilman Harvey expressed his appreciation to Mr. Worley for his assistance when Mr. Harvey was a member of the Planning Commission and he and Councilman Noe expressed their personal commendations to Mr. Worley. PRESENTATION OF RESOLUTION COMMENDING AMERICAN LEGION CYPRESS POST 295 FOR RECEIVING STATE WIDE AWARDS FOR LEGION ACTIVITIES: Mayor Kenode read in tulla Resolution Commending the American Legion Cypress Post No. 295 and Commander Richard Gruettner for State-wide recognition received for their law and order program, and other activities for the 1968-69 year. On behalf of the American Legion and Conmmnder Richard Gruettner, Mr. John F. Boetsch thanked the Council for this recognition. Councilmen Harvey, Noe and Bowen expressed their personal appreciation to the Legionnaires for their contributions to the community. PRESENTATION OF EMPLOYEE SERVICE PINS: At this time Mayor Kenode presented five-year service pins to Sergeant Donald Sowma and Lieutenant Edwin Robertson of the Cypress Police Department and thanked them on behalf of the City Council for their service to the City. 8 Sergeant Sowma and Lieutenant Robertson thanked the Council for this recognition. 01~ COMMUNICATIONS: Mr. Les Wilson, 9190 Whitney Way, Cypress, addressed the Council indicating that he had been advised that the Planning Com~ission had app=oved the con- struction of 392 low to middle cost rental units on Lincoln and Denni and stat- ing that he feels this property could be better utilized for single family dwellings. Mr. Bill Pierce, 5731 Lime Avenue, Cypress, addressed the Council indicating that because of parked vehicles on his street the street sweeperis not, able to adequately clean his street and requesting the City Council to take action to prohibit parking on the street on the days that the streets are to be swept. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to place this matter on the agenda for consideration at this time. In response to an inquiry from Councilman Harvey, Mr. Pierce stated that there are cars parked on the street that are never moved until they receive warning tickets. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to refer this matter to the Advisory Traffic Committee for study. Mr. Wayne Worley, 6412 Orange Avenue, Cypress, California, addressed the Council relating a drainage problem on his property which has occurred as a result of water not being able to drain from his driveway. In response to a question from Councilman Harvey, the City Manager advised that the City may clean any drains or swales that are located within the public right of way. He further indicated that the Staff would investigate this problem. In response to an inquiry from Councilman Harvey, theCity Manager advised that in the interim between the Traffic Conmittee's consideration of.this matter regarding parked vehicles prohibiting adequate street sweeping, the City could issue warnings to those cars that are perked beyond the allotted parking time limit. Upon the request of Mayor Kenode, theCity Manager reviewed the action which was taken during the afternoon session of the City Council meeting. RECESS: The Mayor declared a recess at 7:58 p.m. The meeting was called back to order at 8:00 p.m., all City Councilmen being present with the exception of Council- man Kanel. CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 90 RELATING TO USES REQUIRING CONDITIONAL USE PERMITS: The Mayor announced this was the time and place for continuation of Public Hearing to consider a pro- posed amendment to the Zoning Ordinance No. 90, Section 115.3 and Section 120.2, Subsection F thereof, relating to uses requiring Conditional Use Permits, initiated by the Cypress Planning Commission Secretary. 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 August 7, 1969 indicating that the original affidavits of posting and publi- cation of the Public Hearing notices as well as well as the affadav~t of posting of the Notice of Continuation of the Public Hearing on this matter are on file in the office of the City Clerk, The only communication received regarding this matter is the communication dated June 17, 1969, from Mr. H. D. Pitcher of Texaco, Inc., which was presented at the first Public Hearing, and which suggested several alternatives to the proposal as presented to the Council from the Planning Commission. 9 The report further reviewed a meeting held betwean Mr. Pitcher of Texaco and the City Manager and Planning Director which resulted in a request to investi. gate the possibility of preparing an amendment to the Zoning Ordinance which would provide for an "O" overlay zone which would allow drilling of oil only after "O" zoning had been adopted on parcels of property in the City, subject to a conditional use permit. However, since the City Attorney has not had sufficient time to research the legality of the proposed ordinance and its impact upon the Zoning Ordinance, it was requested that this matter be continued to the City Council meeting of September 8, 1969o It was moved by Councilman Harvey and seconded by Councilman Noe to continue the Public Hearing to consider a proposed amendment to the Zoning Ordinance relating to uses requiring conditional use permits. The motion was unanimously carried by the following roll call vote. AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel PUBLIC WEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT AT PARKWAY INN (MRS. MYRTLE C. LOWERY): The Mayor announced this was the time and place for the Public Hearing to consider an application for Live Entertainment Permit to permit a four-piece western dance band at the Parkway Inn, 4604 Lincoln Avenue, Cypress, California, as requested by Mrs. Myrtle C. Lowsty, 12231 Brittain, Hawaiian Gardens, California. 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 August 6, 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. The City Manager stated that the City has received one communication dated August 7, 1969, from Dr. David Ginms stating his oppo- sition to issuance of the Live Entertainment Permit. The report further indicated that the Police Department's investigation of this Permit was not completed prior to the scheduled Public Hearing and requested the Council's continuance of this matter to the meeting of August 25, 1969, to allow additional time for completion of this report. It was moved by Councilman Harvey and seconded by Councilman Noe to continue the Public Hearing to consider an application for Live Entertainment Permit to allow a four-piece western dance band at the Parkway Inn, 4604 Lincoln Avenue, Cypress, California, as requested by Mrs. Myrtle C. Lowery, until the City Council meeting of August 25, 1969o The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT AT V.I.P. BEER BAR (Is~. W. N. DEATHERAGE): The Mayor announced this was the time and place for the Public Hearing to consider an application for Live Entertainment Permit to permit a four-piece western dance band at the V.I.P. Beer Bar, 4612 Lincoln Avenue, Cypress, California, as requested by Mr. W. N. Deathsrage. 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 August 6, 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. The City Manager stated that the City has received one communication dated August 7, 1969, from Dr. David Ginns stating his opposition to issuance of the Live Entertainment Permit. The report further indicated that the Police Department's investigation of this Permit was not completed prior to the scheduled Public Hearing and re- quested the Council's continuance of this matter to the meeting of August 25, 1969 to allow additional time for completion of this report. - 10 - It was moved by Councilman Noe and seconded by Councilman Harvey to continue the Public Hearing to consider an application for Live Entertainment Permit to allow a four-piece western dance band at the V.I.P. Beer Bar, 4612 Lincoln Avenue, Cypress, California, as requested by Mro W. N. Deatherage, until the City Council meeting of August 25, 1969. Councilman Bowen indicated that he would vote in favor of continuance of the Public Hearings on these live entertainment Permits reluctantly since he feels it could not be Justified to deny the Permits without first receiving the Police Department's report. Councilman Noe's motion for continuance was then unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel PUBLIC HEARING RE: ZONE CHANGE NOo Z-178 (ANNEXATIONS NO. 68-2 AND 68T3)~ The Mayor announced this was the time and place for the Public Hearing to consider the zoning of the areas included in Annexations Noo 68-2 and 68-3; Parcel 1, easterly of Walker Street, southerly of Vonnie Lane to the Southern Pacific Railroad tracks, hacked on the east by the alley, from County C-2 to City C-2; Parcel 2, east side of Walker Street adjacent to the railroad right of way~ from County M-1 to City C-3; Parcel 3, southerly of Lincoln Avenue between Grindlay Just easterly of Walker Street, from County C-2 to City H-C; initiated by the Cypress Planning Conmission, known as Zone Change No. Z-178. 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 August 6, 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 com--mtcations either in favor of or in eppo- sition to the proposed zone change have been received. The Planning Director read into the record of the Public Hearing a report dated July 11, 1969, outlining the limits of the proposed change of a zone and pre- sented a copy of Planning Commission Resolution No. 472 reconnnending approval of Zone Change No. Z-178 to the City Council. In answer to a question from Councilman Noe, the Planning Director advised that this proposed zone change was intended to place the newly annexed properties on Walker Street and Lincoln Avenue within zones which would be similar to and permit the same type uses as the zones which currently exist under the County zoning requirements. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed change of zone. Mr. 3. I, Black, 15071 Coronado Street, Anaheim, California, addressed the Council advising that the record of his mailing address is incorrect, inquir- ing as to whether the proposed zoning on the Walker Street properties would allow a repair service operation and requesting a copy of the permitted uses in the proposed zone° The Planning Director indicated that he would provide Mr. Black with a list of the premitted uses in the C-2 zone. He further indicated that the Zoning Ordinance contains a section which allows the Planning Commission to determine whether additional uses are compatible to the permitted uses. Mr. Black further discussed the possible problems which may be presented rela- tive to parking due to the alley which backs up to this newly annexed property. In response to an inquiry from Mrs. Tibbets, 5532 Vonnie Lane, Cypress, Cali- fornia, Councilman Noe advised that the proposed zone change does not include the property east of Johnson's Plaza on the east side of Walker Street. He further advised that all property owners within 300 feet of the property to be rezoned are required by law to be notified. - 11- In response to an inquiry from Mr. Fred Koepenick, 17200 Septo Street, North- ridge, California, he was advised that the zone change on the west side of Walker Street includes only the Railroad right of way property. There being no written communications and no further oral comments, the Mayor declared the Public Rearing closed. It was moved by Councilman Noe and seconded by Councilman Harvey to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kenode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS . AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONES OF CERTAIN PARCELS OF LAND FROM COUNTY C-2 TO CITY C-2 (NEIGHBORHOOD COMMERCIAL), FROM COUNTY M-1 TO CITY C-3 (COMMERCIAL MANUFACTURING), AND FROM COb~- C-2 TO CITY H-C (HIGHWAY COMMERCIAL), ZONE CHANGE NO. Z-178. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the first readi~ of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel PUBLIC HEARING RE: ABANDONMENT OF SEWER EASEMENT THROUGH TRACTS Ne. 6050~ 6051, 6052 and 5373: The Mayor announced this was the time and place for the Public Hearing to consider the proposed abandonment of portions of sewer ease- ments in Tracts No. 6050, 6051, 6052 and 5373. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated August 6, 1969, indicating that the affidavits of posting of the notices of the proposed abandonment are on file in the office of the City Clerk; and no written co~unications either in favor of or in opposition to the proposed abandonment have been received. The Public Works Director presented a report dated August 7, 1969, reviewing the extent of the proposed abandonment and the reasons for the abandonment request. In response to an inquiry from Councilman Noe, the Public Works Director advised that the sewer easement proposed for abandonn~nt is in an area which is ser- viced by the Cypress County Water District° The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed abandonment. There being no written conmunications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING A CERTAIN PORTION OF THE SEWER EASEMENT THROUGH TRACTS NO. 6050, 6051, 6052 AND 5373. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel - 12 - It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place consideration of the Los Alamitos Naval Air Station land expansion program on the agenda for consideration at this time. It was moved by Councilman Bowen and seconded by Councilman Noe to include in Resolution Noo 990, which was previously adopted by the City Council, not only the Council's opposition to the expansion program of the Naval Air Station but also a request to pursue the possibility of relocating the Naval Air Station from this urban area and further to authorize the Staff to take any and all steps necessary to gain support of this position. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel The City Manager indicated that the Council had not taken an official action adopting the Resolution Co~nending the American Legion in the earlier portion of the meeting. It was moved by Councilman Noe and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING AMERICAN LEGION CYPRESS POST 295 FOR THE RECOGNITION RECEIVED BY THE AMERICAN LEGION FROM THE AMERICAN LEGION DEPARTMENT OF CALIFORNIA LAW AND ORDER FOR LEGION ACTIVITIES, INCLUDING THE LAW AND ORDER PRDGRAM, DURING 1968-69. The motion was unanimously carried by the following roll carl vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel Mayor Kanode reminded the Council members of the groundbreaking ceremonies to be held at 11:00 a.mo on Wednesday, August 13, 1969 at the new Cypress West Shopping Center at Ball and Bloomfield. ORAL COMMUNICATIONS: There were no oral con~nunications presented at this time. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to adjourn the meeting at 8:36 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: - 13 -