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Minutes 69-10-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 14, 1969 The regularmeetlng of the Cypress City Council was called to order at 4:00 p.mo on Tuesday, October 14, 1969, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro tom 3ohn Kanel presiding. pRESENT: Councilmen Bowen, Harvey, Kanel and Noe ABSENT: Mayor Kanode Also present were City Manager/City Clerk Dartell Essex, Assistant City Attorney Leonard Hampel and the following members of the City Staff: Dunlap, Poorthor, Putnam and Savord. MINUTES: Councilman Earvey stated that the last paragraph of page 1 of the Minutes of September 22, 1969 did not reflect his arrival during the recess and it was suggested that this paragraph be changed to read as follows: "RECESS: It was moved by Councilman Noe, seconded by Councilmen Bowen and unanimously carried to recess at 4:17 p.m. COUNCILMAN HARVEY ARRIVED AT 4:25 P.M. The meeting was called back to order at 4:26 p.m., all City Councilman present, with the exception of Mayor Kanode." Councilman Harvey also pointed out that on page 18 of the Minutes of Sep- tember 22, 1969, Councilman Bowen's vote was not completely entered, and it was agreed that the roll call vote on page 18 of the MInutes of September 22, 1969 should be corrected to read as follows: "The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: O COUNCILMEN: Harvey, Kanel, Noe and Kanode Bowen None" Councilman Kanel stated that in making the motion for approval of Optional Design Subdivision Map No. 5983 on page 16 of the Minutes of the meeting of September 22, 1969, he would wish the preliminary statements made by him and Councilman Noe to be included in the Minutes. In response to an inquiry from Councilman Harvey, the Assistant City Attorney advised that it would be appropriate to defer consideration of the Minutes until the statements had been inserted for review by the City Council. It was moved by Councilman Harvey, seconded by Councilman Bowen and unanimously carried to defer consideration of the MInutes of the meeting of September 22, 1969 until the statements made by Councilmen Kanel and Noe had been included in the motion approving Optional Design Subdivision Map No. 5983 for review by the City Council. The City Manager introduced Mr. Mike Hull, 8801 Lanett, Cypress, who has been invited to the Governor's Traffic Safety Conference in Sacramento on October 17 and 18, 1969. The City Manager reported that additional financial assistance would be required to allow for Mr. Hull's attendance at the con- ference. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to palce this matter on the agenda for consideration'at this time. Minutes October 14, 1969 It was moved by Councilman Harvey and seconded by Councilman Noe that Mr. Mike Hull be appointed as the City's representative to the Governor's Traffic Safety Conference in Sacramento on October 17 and 18, 1969 and that he be re- imbursed for his actual and necessary expenses in an amount not to exceed $50.00. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Harvey, Kanel and Noe None Kenode In response to an inquiry from Councilman Kanel, the Assistant City Attorney advised that since Mr. Hull is not an employee of the City, the City would not be liable for him. Upon the request of the City Manager, it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to add to the agenda for consideration at this time the following item: (1) Consideration of Accep- tance of Improvements and Release of Bonds for Tract No. 6658, (2) Considera- tion of Approval of Plans and Specifications and Authorization to Advertise for Bids for improvements on Carob Street, Denni Street and the alley south of Lincoln Avenue, (3) Resolutions of Commendation for two employees of the Police Department and (4) Presentation of service pin to Councilman John Kanel. CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS--TRACT 6658 (J. W. KLUG DEVELOPMENT COMPANY): The City Manager presented a report dated October 8, 1969 from the Public Works Director indicating that the public improvements in Tract No. 6658, which is located on the south side of Ball Road approximately 645 feet west of Valley View Street, have been satisfactorily completed in accordance with plans and specifications and recommending that the improvements be accepted and the bonds be released following expiration of the required lien periods. It was moved by Councilman Bowen and seconded by Councilman Harvey to accept the public improvements in Tract Noo 6658 as being satis factorily completed in accordance with the plans and specifications and authorize the City Clerk to release the Monumentatton bond and Labor and Materials bond at the ex- piration of the required lien period provided that no mechanic's liens have been filed and to hold the Faithful Performance Bond for a period of one year in order to guarantee against defects in material and workmanship in the public improvements° The motion was unanimously carried by the fol- lowing roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS--IMPROVEMENTS ON CAROB STREET~ DENNI STF~I AND THE ALLEY SOUTH OF LINCOLN AVENUE: The City Manager presented a report dated October 14, 1969 from the Public Works Director indicating that plans and specifi- cations for the improvement of Carob Street, Denni Street south of Orange Avenue and the allay south of Lincoln Avenue from Walker to Watson Streets have been completed and requesting authorization to advertise for bids for these projects. It was moved by Councilman Harvey and seconded by Councilman Noe to approve the plans and specifications and to authorize the City Clerk to advertise for bids for the improvement of Carob Street, Denni Street south of Orange Avenue and the alley south of Lincoln Avenue from Walker to Watson Street, with bids to be received at 10:00 a.m. on November 5, 1969 in the office of the City Clerk. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kenode -2 - City Council Minutes October 14, 1969 CONSIDERATION OF ADOPTION OF RESOLUTIONS OF COMMENDATION FOR MARY BROOKS AND CLYDE J. GUARD OF THE CYPRESS POLICE DEPARTMENT: It was moved byCouncilman Noe and seconded by Councilman Bowen to adopt the foilowing Resolution by title only, title as follows: RESOLUTION NO. 1008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MRS. MARY T. BROOKS FOR HER CONTRIBUTION TO THE COMMUNITY DURING HER EIGHT YEARS OF SERVICE WITH THE CITY~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode It was moved by Councilman Noe and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING LIEUTENANT CLYDE J. GUARD FOR HIS SERVICE TO THE CITY AS A MEMBER OF THE CYPRESS POLICE DEPARTMENT. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode PRESENTATION OF FIVE-YEAR SERVICE PIN TO COUNCILMAN JOHN KANEL: At this time, Councilman Richard Bowen presented a five-year service pin to Council- man John Kanel. Councilman Kanel expressed his appreciation for this pre- sentation. Following discussion, it was generally agreed that the joint meeting with the Cypress Chamber of Commerce Board of Directors would be held during the afternDon session of the meeting of November 10, 1969 and that the joint meeting with the Cypress College Staff would be held during the afternoon session of the meeting of November 24, 1969. The City Manager reviewed a communication dated October 3, 1969 from Mr. Robert M. Wilson, State League Director for the Orange County Division, indicating that the League committees are being restructured into a group of ten standing committees, and requesting that City officials who are interested in serving on one of these committees contact Mr. Wilson by October 15, 1969. Councilman Harvey indicated his desire to continue to serve on whatever League Committee has been designated the responsibilities previously assigned to the Aviation Committee. Councilman Bowen requested that he be considered for appointment to either the Intergovernmental Relations Committee, the Revenue and Finance Committee or the Municipal Government and Administration Committee. RECESS: It was moved by Councilman Noe, seconded by Mayor Pro tem Kanel and unani- mously carried to recess at 4:30 p.m~ The meeting was called back to order at 4:37 p.m., all City Councilman present, with the exception of Mayor Kanode. The City Manager reviewed items contained in the Progress Report dated October 13, 1969 including the Fall General Assembly Meeting of the Southern California Association of Governments to be held on October 23, 1969 in Los Angeles, and the 46th Annual Congress of Cities meeting to be held in San Diego on December 1 through December 4, 1969. - 3- City Council Minutes October 14, 1969 Councilmen Bowen and Harvey expressed their desire to attend the Congress of Cities meeting in San Diego~ The City Manager further outlined a proposal whereby the City would deposit several inactive deposits in the Southern California First National Bank, so that funds will be deposited in both banks located within the City. The checking account will remain with Security Pacific National Bank. The Council generally concurred in this proposal. The City Manager reviewed the status of the Peace Officer Standards' Train- ing study of the Cypress, La Palma and Los Alamitos Police Departments. The Police Chief summarized the contents of the reports and the City Manager reported that he and the Police Chief had met with the City Managers and Police Chiefs from the two other Cities to review the contents and scope of the reports° The City Manager reviewed the necessity to amend Resolution No. 991 opposing the expansion program of the Los Alamitos Naval Air Station in order to clarify that the 50 fatalities which have occurred at the Station consisted of both military and civilian personnel° It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to place this matter on the agenda for consideration as Item No. 36 on the evening portion of the agenda0 Councilman Kanel stated that it has been suggested that some type of recog- nition be given to past Mayors, such as a pin° It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to place this matter on the agendafor consideration at this time. It was moved by the development of Cypress° Councilman Bowen and seconded by Councilman Kanel to authorize of an appropriate pin to recognize past Mayors of the City Councilman Noe suggested that other cities be contacted to determine their policy in reference to this type of recognition prior to proceeding. Councilman Bowen's motion was than carried by the following roll call vote: AYES: 3 COUNCILMEN: Bowen, Kanel and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode ABSTAINED: 1 COUNCILMEN: Harvey At this time, Councilman Harvey read a newspaper article in which it was indicated that a Cypre~ resident, Mrs Robert Johnson, had been successful in apprehending a hit-and-run suspect who had fatally injured a young boy in Bell Gardens, and suggested that the Council may wish to acknowledge this act on the part of this citizen, if the article is determined to be correct° It was moved by Ceuncilman 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 Noe and unanimously carried to reques~ the Staff to investigate the accuracy of the newspaper article and if Mr. Johnson is determined to be a resident of Cypress and if the incident was reported correctly, to direct a letter of commendation to Mr. Johnson on behalf of the City Council. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to proceed to Items 5 through 13 on the agenda at this time. -4- City Council Minutes October 14, 1969 REQUEST FROM CYPRESS CULTURAL ARTS ASSOCIATION RE.: PROCLAMATION OF NOVEMBER AS CYPRESS CULTURAL ARTS ASSOCIATION MONTH: The City Manager reviewed a re- quest which was received in 1968 from the Cypress Cultural Arts Association for the City Council to annually proclaim November as Cypress Cultural Arts Association Month in the City of Cypress in recognition of the activities of this local organization in promoting art and culture in the community. It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to proclaim November as Cypress Cultural Arts Association Month in the City of Cypress. COMMUNICATION FROM ADVISORY TRAFFIC COMMITTEE RE: PROCLAMATION OF "TRAFFIC SAFETY WEEK" IN THE CITY OF CYPRESS: The City Manager stated that the Ad~ visory Traffic Committee has approved the Traffic Safety Week activities as proposed by the Staff which will be conducted in the City's elementary schools during the week of October 13-17, 1969 and in recognition of the Program, has requested the week of October 13-17, 1969 to be proclaimed as "Traffic Safety Week" in the City of Cypress° It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to proclaim the week of October 13-17, 1969 as "Traffic Safety Week" in the City of Cypress° COMMUNICATION FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RE: AIR POLLUTION CONTROL IN SOUTHERN CALIFORNIA AIR BASIN: The City Manager pre- sented a communication from Mro Daniel D. Mikesell, President of the Southern California Association of Governments transmitting a copy of the statement of the Los Angeles County Air Pollution Control District which was prepared for the Cabinet Task Force on Oil Import Control and has been endorsed by the Executive Conceittee of SCAG, and requesting all cities to endorse this statement and to transmit the Council's action to the Chairman of the Cabinet Task Force on Oil Import Control° In summary, the statement urges the Federal Government to continue the present import quotas on low sulphur content oil which are now due to be terminated on March 15, 1970. The statement also emphasizes the value of this low sulphur oil in reducing the smog and air pollution problem in both Los Angeles and Orange Counties~ The City Manager stated that he had received a telephone call from Mr. MilllEan of Southern California Edison Company indicating their support of the statement of the Los Angeles Air Pollution Control District of July 10, 1969. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to endorse the statement of the Los Angeles Air Pollution Control District of July 10, 1969 and in the interests of air pollution control in the Southern California air basin to urge the continuation of the present import quotas on low sulphur content oil which are due to be terminated on March 15, 1970, and to further request the City Manager to transmit this information to the Honorable George P~ Schultze. COMMUNICATION FROM CITY OF WESTMINISTER RE: FREEDOM OF RELIGION AND EXPRES- SION OF BELIEF IN GOD: The City Manager presented a communication dated September 22, 1969 from the City of Westminster transmitting a copy of a Resolution urging the President, the Congress and the Courts to take steps to assure the American people of freedom of religion and the basic right to express belief in God, and requesting the adoption of a similar Resolution by the City Council~ It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried this con~nunication be received and filed, COMMUNICATION FROM BUENA PARK SCHOOL DISTRICT BOARD OF TRUSTEES RE: HIGH- WAY 39 FREEWAY: The City Manager reviewed a communication dated September 25, 1969 from the Buena Park School District Board of Trustees transmitting a Resolution supporting the most easterly or Orange Route of the proposed Highway 39 Freeway. The City Manager indicated that the City Council has previously endorsed the most westerly route of the subject Freeway. -5 - City Council Minutes October 14, 1969 It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried this communication be received and filed, COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF ON-SALE GENBRAL LICENSE FROM LEON H. MORGAN, INCo TO ALLAN E. AND MAY W. ROBERTS (UNICORN RESTAURANT): The City Manager reviewed notification re- ceived from the Department of Alcoholic Beverage Control of an application for transfer of an on-sale general license from Leon H, Morgan, Inco to Allan Eo and May Wo Roberrs for the Unicorn Restaurant, 5960 Cerritos Avenue, Cypress, California° The Police Department has completed an investigation of this application and finds no basis for protests. It was m~ved by Councilman Noe, seconded by Councilman Harvey and unanimously carried this notification be received and filed. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MINUTES OF BOARD OF TRUSTEES MEETING: The City Manager reviewed a communication dated September 29, 1969 from Mr~ 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 September 18, 1969. A copy of these Minutes will be on file in the office of the City Clerk. It was moved by Councilman Noe, seconded by Co%mcilman Bowen and unanimously carried this conm~unication be received and filed. COMMUNICATION FROM PRESIDENT OF ORANGE COUNTY LmA~UE OF CITIES RE: DISSOLUTION OF ORANGE COUNTY HAREOR DISTRICT: The City Manager presented a communication dated October 8, 1969 from Mr. Jack Green, President of the Orange County League of Cities, transmitting a copy of a letter from Assemblyman Briggs and a copy of Mr. Green's letter to the Orange County Board of Supervisors regarding dissolution of the Orange County Harbor District~ Assemblyman Briggs has expressed his desire to re-introduce legislation placing the dissolution of the Orange County Harbor District on the ballot in the event the Orange County Division of the League of Cities endorses this proposal, assuming no further action is taken on this matter by the Orange County Board of Supervisors° The City Manager stated that although the City Council favored dissolution of the Harbor District, no official action was previously taken on this matter due to the fact that Councilman Noe is a member of the Local Agency Formation Commission° However, since the matter now is of concern to the Board of Supervisors, it would appear that the City Council could express its interest in the dissolution through the Orange County Division of the League of Cities° It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to authorize the City Manager to notify the President of the Orange County League of Cities of the City Council's endorsement of the dissolution of the Orange County Harbor District° COMMUNICATION FROM MRo AND MRS° HAROLD LISTER RE: OPPOSITION TO CITY'S POSITION REGARDING RELOCATION OF LOS ALAMITOS NAVAL AIR STATION: The City Manager presented a communication dated September 27, 1969 from Mr. and Mrs. Harold Co Lister, 4228 Via Largo, Cypress, California, expressing opposition to the position of the City Council regarding the relocation of the Los Alamitos Naval Air Station° The City Manager stated that from a review of this communication, it would appear that the economic impact on the City of Cypress and its taxpayers has not been taken into consideration and that this and other factors should be communicated to Mro and Mrs. Lister in order to clarify the Council's position° It was moved by Councilman Noe to authorize the City Manager to transmit a communication to Mro and Mrs, Lister outlining the reasons for the City Council's position in reference to relocation of the Los Alamitos Naval Air Station. -6- City Council Minutes October 14, 1969 Councilman Harvey seconded the motion requesting permission to include in the motion the fact that the use of the pool was requested by the Park and Recreation District rather than by the City, and to also send copies of the City Manager's letter to the Tableau and Enterprise newspapers. Councilman Noe agreed to include these additions in his original motion, following which it was unanimously carried° CONSIDERATION OF REQUEST FOR EXTENSION OF TIME FOR RECORDING OF FINAL MAPS FOR TRACT NOo 6559 (FRANMARDEVELOPMENT COMPANY): The City Manager presented a report dated October 9, 1969 reviewing a request from the Franmar Develop- ment Company, 12681 Blackthorn Street, Garden Grove, Call fornla for an ex- tension of time of one year in which to record the final map for Tentative Tract Map No~ 6559, which is comprised of 6°4 acres of property located on the west side of Moody Street south of Camp Street~ It was moved by Councilman Noe and seconded by Councilman Bowen to grant the request of Franmar Development Company for an extension of time of one year in which to record the final map for Tract No. 6559, subject to the same conditions as imposed on the originally approved tentative map. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode CONSIDERATION OF REQUEST FOR EXTENSION OF TIME .FOR P~ECORDING FINAL MAP FOR !RACT NO. 6719 (LARWIN COMPANY): The City Manager presented a report dated October 9, 1969 indicating that a request has been received from Toups Engineering on behalf of Larwin Company requesting a 12-month extension of time for recording the remainder of Tentative Tract Map No. 6719, which is located generally at the southwest comer of Orangewood Avenue and Valley View Street, and consists of approximately 5808 acres° The report suggested that an additional condition should be added to the original conditions im- posed on the approval. of Tentative Tract Noo 6719 to improve Orangewood Avenue, which is very narrow and has pavement of minimum nature which has been badly damaged by heavy construction trucks and other heavy trucks, in- cluding the traffic to and from the Naval Air Station. The City Manager stated that the recommended condition as stated in the report should be amended to provide completion of construction within 60 days after the granting of the extension of time, or in any event, not later than January 1, 1970, weather permitting. It was moved by Councilman Noe and seconded by Councilman Bowen to grant an extension of time for recording the final tract map on Tentative Tract No. 6719 subject to the original conditions on the Tentative Tract Map and with the following condition added: "Street improvements, consisting of curb, gutter, ultimate street grading and pavement as shown on improvement plans for Tract No~ 6776 on Orangewood Avenue from the Naval Air Station entrance to Valley View shall be constructed and completed within sixty (60) days after the granting of the extension of time, or in any event, not later than January 1, 1970, weather permitting°" The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS--TRACT NO. 5782 (J. W. KLUG DEVELOPMENT COMPANY): The City Manager presented a report dated October 10, 1969 from the Public Works Director advising that the public improvements in Tract No~ 5782, which is located at the northwest comer of Valley View Street and Cerritos Avenue, have been satisfactorily completed in accordance with plans and speci ficationso The bonds on this Tract also guarantee construction of the public improvements on the park- way on Valley View and the improvements of Lot 15 of Tract 5782 and Lot 4 of Tract 5621~ City Council Minutes October 14, 1969 It was moved by Councilman Bowen and seconded by Councilman Noe to accept the public tmproven~nts in Tract No~ 5782 as being satisfactorily com- pleted in accordance with the plans and specifications and to authorize the City Clerk to release the Monumentation and Labor and Materials Bonds at the expiration of the required lien period providing no mechanic's liens have been filed and to hold the Faithful Performance bond for a period of one year in order to guarantee against defects in materials and work- manship in the public improvements° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kenode CONSIDERATION OF REQUEST FOR CLOSURE OF ORANGEWOOD AVENUE BETWEEN NEW ZEA~..AND AND VALLEY VIEW STREET, CITY PROJECT 6854~0-0000-10 .AND STORM SEWER PROJECT WS-6-05-0302: The City Manager presented a report dated October 8, 1969 from the Public Works Director outlining the necessity to close Orangewood Avenue from New Zealand Avenue to Valley View Street for a period of approxi- mately 6 weeks from October 14, 1969 to December 1, 1969 due to the hazardous traffic condition which has been created during construction of the Orange- wood Storm Drain as a result of the narrow width of Orangewood Avenue and the close proximity of the storm drain trench to the roadway~ Access to the tracts at Knott and Orangewood is available from Knott Street and access to the operating dairy will be maintained at all times. Councilman Harvey stated that he would prefer to give a few days notice to motorists and residents prior to closing the street, and Councilman Kanel further suggested that signs advising that the street is closed should be posted at both ends of the construction site° It was moved by Councilman Harvey and seconded by CouncilmanBowen to approve the closure of Orangewood Avenue within the limits of the storm drain con- struction from New Zealand to Valley View from October 16, 1969 to December 1, 1969, with notices to be posted at both ends of construction indicating the length of time the street will be closed° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Harvey, Kanel and Noe None Kanode CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS. AND AUTHORIZATION TO ADVERTISE FOR BIDS--WALKER STREE~ FROM KATELLA TO CERRITOSs CITY PROJECT NO. 6903-10-0467: The City Manager presented a report dated October 9, 1969 from the Public Works Director advising that plans and specifications for the installation of traffic signal and safety lighting at the intersections of Cerritos and Walker and Katella and Walker have been completed, and indicating the desirability of awarding the contracts for supply of the traffic signal controllers, which are estimated to cost $16,500, in advance of the improve- ment project due to the longer period of time required to manufacture and complete testing of the actuated traffic signal controllers° It was moved by Councilman Noe and seconded by Councilman Harvey to approve the plans and specifications for the traffic control equipment at the inter- sections of Cerritos Avenue and Walker Street and Katella Avenue and Walker Street and to authorize the City Clerk to advertise for bids for this project, subject to approval by the Orange County Road Department. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode CONSIDERATION OF RESOLUTION ORDERING PREPARATION OF PRELIMINARY REPORT FOR STREET LIGHTING TO PROVIDE FOR LEVYING AND COLLECTING ASSESSMENTS ON TREAD VALOREM BASIS: The City Manager presented a report dated October 8, 1969 from the Public Works Director reviewing the procedure for levying and collecting assessments for street lighting on an ad valorem basis, which eliminates the - 8- fO City Council Minutes October 14, 1969 time censuming and costly procedure of computing each parcel assessment individually. The report further indicated that in order to effect this procedure for the 1971 calendar year, the proposed Lighting District Map and accompanying descriptions must be forwarded to the State Board of Equalization prior to January 1, 1970. It was moved by Councilman Bowen and seconded by CounCilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COUNTY OF ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE A MAP, PLANS, SPECIFICATIONS, ESTIMATE AND PRELIMINARY REPORT, PURSUANT TO THEPROVISIONS OF DIVISION 14, PART I, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET LIGHTING ACT OF 1919", FOR THE INSTALLATION OF, THE FURNISHING OF ELECTRIC CURRENT FOR AND THE MAINTENANCE OF A STREET LIGHTING SYSTEM IN SAID CITY FOR A PERIOD OF ELEVEN (11) YEARS, BEGINNING JANUARY 1, 1971 AND ENDING JANUARY 1, 1982. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode Harvey, Kanel and Noe CONSIDERATION OF APPROVAL OF AGREEMENT WITH STATE DIVISION OF HIGHWAYS FOR MODIFICATION OF TRAFFIC SIGNALS AT THE INTERSECTIONS OF WALKER AND VALLEY VIEW WITH LINCOLN AVENUE, CITY PROJECT NO. 6908-50-0000: The City Manager presented a report dated September 30, 1969 from the Public Works Director requesting authorization to enter into an agreement with the State Division of Highways covering participation in the cost of modification to traffic signals at the intersections of Walker Street and Lincoln Avenue and Valley View Street and Lincoln Avenue at an estimated cost to the City of $9,200. It was moved by Councilman Bowen and seconded by Councilman Noe to approve Participation Agreement No. 2462 between the State Division of Highways and the City of Cypress for the construction and modifications to the traffic signals at Walker Street and Lincoln Avenue and Valley View Street and Lincoln Avenue and to authorize the Mayor to sign and the City Clerk to attest the Agreemont on behalf of the City. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode CONSIDERATION OF APPROVAL OF RESOLUTION OF INTENTION TO VACATE PORTIONSOF ALLEY SOUTH OF ORANGE AND EAST OF VALLEY VIEW IN TRACT 4377 AND PORTIONS OF MARGARET STREET IN TRACT NO. 4377: The City Manager presented a report dated October 8, 1969 outlining the necessity to initiate abandonment pro- ceedings on portions of the alley south of Orange Avenue east of Valley View in Tract 4377 and a portion of Margaret Street in Tract No. 4377 in order to permit development of a parcel on the south side of Orange Avenue. The report further indicated that the Planning Commlission, following a public hearing to consider the abandonment found that the abandonment was in conformante with the General Plan. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1011 A RESOLUTION OF THE CITY COUNCIL FROM THE~ITY OF CYPRESS DEELARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF THE ALLEY SOUTH OF ORANGE AVENUE, EAST OF VALLEY VIEW STREET IN TRACT 4377 AND PORTIONS OF MARGARET STREET IN TRACT 4377 AND ELECTING TO PROCEED UNDER THE STREET VACATION ACT OF 1941. -9 - City Cc~cil ~nutes October 14, 1969 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: O COUNCILMEN: None ABSENT~ 1 COUNCILMEN: Kanode It was generally agreed to proceed to Item 24 at this time° CONSIDERATION OF REQUEST FOR ADDITIONAL kPPROPRIATION FOR ENGINEERING SERVICES-- FLOOD CONTROL PROJECTS: The City Manager presented a report dated October 9, 1969 requesting an additional appropriation in the amount of $1,945.48 for engineering services performed by Voorheis, Trindle and Nelson, Inc. in making revisions to the plans for the 2-A Drainage System and for the reconstruction of a sewer lateral in Moody Street° The report indicated that the Public Works Department concurs that this amount is consistent with the amount of work required of the engineering firm and recommends approval of this payment and that this engineering service will be a direct charge to the over-all flood control improvement project° It was moved by Councilman Bowen and seconded by Councilman Noe to approve the additional appropriation for engineering services in the amount of $1,945.48 to Voorheis, Trindle and Nelson, Inco for services performed in connection with the City's Storm Sewer PrcJecto The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: O COUNCILMEN~ None ABSENT: 1 COUNCILMEN: Kanode It was generally agreed to proceed to Item Now 28 at this time. CONSIDERATION OF APPROVAL OF CLASSIFICATION AND AUTHORIZATION TO EMPLOY RECORDING STENOGRAPHER: The City Manager presented a report dated October 9, 1969 reviewing the increased workload in the Administrative and City Clerk Departments, as well as in the Planning Department and requesting consideration of employing a recording stenographer who would be assigned the primary responsibility for recording and transcription of both the City Council and Planning Cor~nission minutes as well as the minutes of any other staff or citizen committee meetings~ in addition, the report requested authorization to purchase an IBM magnetic card typewriter as well as a desk and chair for use by this employee. Transmitted with the report was a copy of a proposed class specification for recording stenographer, which position would be established at the salary schedule of Range 23° It was m~ved by Councilman Bowen and seconded by Councilman Harvey to approve the class specifications for recording stenogr~er and to author- ize the City Manager to proceed with the recruitment of the person to fill this position and to obtain the necessary equipment for this position. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode It was moved by Councilman Harvey and seconded by Councilman Bowen to author- ize the transfer of $5,500 from the Reserve for Capital Improvements to the appropriate accounts in the Administrative Budget in order to implement this recommendation° The motion was -unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode RECESS: It was moved by Councilman Harvey, seconded by Councilman Bowen and unanimously carried to recess at 5:35 pomo until 7:30 pomo that evening. - t0 - ~ l~ity Council Minutes October 14, 1969 CALL TO ORDER: The Mayor Pro tem called the meeting back to order at 7:30 pom., with the following in attendance: PRESENT: CounCilmen Bowen, Harvey, Kanel and Noe ABSENT: Mayor Kenode Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Leonard Hampel, and the following members of the City Staff: Amberg, Dunlap, Grissom, Poertner, Putnam, Savord and Schatzeder. Upon the request of the Mayor Pro tom, the City Manager reviewed the action which was taken during the afternoon session of the City Council meeting. CONSIDERATION OF AWARD OF CONTRACT FOR ASPHALTIC CQNCRETE AND ASPHALTIC EMULSION (REQUEST FOR qUOTATION NOw 6970-19): The City Manager presented a report dated October 13, 1969 outlining the results of a bid opening for the purchase of approximately 3,000 tons of aspbaltic concrete and approxi- mately 2,000 gallons of asphaltic emulsion which was held on October 13, 1969 in the office of the City Clerk~ The report indicated that of three bids received, All American Asphalt, 14490 Edwards Street, Westminster, California, submitted the lowest and best bid in the amount of $15,570.00o MAYOR FANODE ARRIVED AT 7:38 P~Mo, TOOK HIS PLACE ON THE PODIUM AND PRESIDED OVER THE REMAINDER OF THE MEETING. It was moved by Councilman Harvey and seconded by Councilman Noe to accept the bid of All American Asphalt in the amount of $15,570.00 as the lowest and best hi4 for the purchase of aspbaltic concrete and asphaltic emulsion until October 31, 1970 and to award the contract for this material to All American Asphalt in accordance with their proposal received October 13, 1969. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Kenode ORAL COMMUNICATIONS: Mr. Richard Koppang, 4024 Berwick Court, Cypress, California inquired as to whether the City Council will consider the proposed Park BondIssue during the evening session of the City Council agenda. The City Manager advised that this was a scheduled item for consideration. Mr. Koppang then stated that he is a proponent of the Park Bond Issue and would be willing to offer his services to the Council to get any program in connection with this Bond under way° Since Item Noo 2 was a Public Hearing scheduled for 8:00 p.m., it was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to proceed to Item Noo 29 on the agenda at this time. CONSIDERATION OF REQUEST FOR APPRDPKIATION .FOR CON~TRUQ%ION OF TEEN CENTER: The City Manager presented a report dated October 10, 1969 outlining a pro~ pos al for providing a teen center facility in the City of Cypress through the use of eleven modular units which would provide approximately 4,000' square feet of open space and which can be leased over a seven year period with the lease paymonte being credited toward the purchase of the units at a cost of $10,200 per year° Additional costs in an estimated amount of $10,000 would be incurred in providing l~ndscaping, outdoor patio area and parking° The report further suggested that in order to sustain this recreational undertaking, it would appear advantageous to employ a youth activities coordinator who would develop youth programs and oversee the operations of the teen center facility~ In addition, the report indicated that a - 11 - City Council Minutes ,I, October 14, 1969 4 8 successful teen center facility program must involve the youth in the planning processes of both the facility and the program to be initiated, including the proper location for the youth facility. The Jr. Women's Club has volun- teered to meet with the youth leaders of not only the Youth Council but also of the various high schools that serve the area in an effort to solicit their assistance in determining the needs for both programs and facilities in the City of CYPress. In response to an inquiry from Councilman Kanel, the City Manager stated that the City could either purchase the modular units outright or utilize the seven year lease plan for purchase. General discussion was held relative to whether or not it would be advantageous to purchase modular units at $70,000, following which the City Manager indi- cated that at the present time, it is difficult to project the permanent com- munity needs in regard to a youth center and suggested that at such time as a permanent location has been selected and funds are available for construction of a permanent facility, the modular units could be utilized for other purposes. In response to an inquiry from Councilman Kanel relative to the effect the park bond issue if passed would have on the development of youth and recreational facilities, the City Manager indicated that the main concern of the park bond issue would be the acquisition of open space with minimal development of thos'e parks which have currently been acquired through donations. He advised that the City would be limited financially for a number of years in regard to con- structing facilities on the open space areas° Councilman Bowan stressed the importance of consulting with the youth in the community relative to the type of programs and facilities to be developed for the teen center° Councilman Harvey stated that he felt that the proposal under consideration has been broadened somewhat in scope to that originally discussed; however, he felt that the fact that the modular units could be utilized for other purposes when a permanent facility is constructed is a key point to consider at this time~ He further stated that he felt it would be advantageous to locate the teen center facility on the Civic Center. It was moved by Councilnmn Harvey, seconded by Councilman Noe and unanimously carried to continue consideration of this matter until after the Public Hearings. CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 90 RELATIVE TO CONDITIONAL USE PERMITS FOR EXTRACTION OF MINERALS: The Mayor announced this was the time and place for continuation of Public Hearing to consider a proposed 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 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 October 9, 1969 indicating that this matter was continued to allow the City Attorney to meet with the representatives from Texaco Inc. to develop an appropriate Ordinance suitable to both the City and Texaco. The City Attorney has received a communication from Texaco Inc. with suggested wording for the Zoning Ordinance amendment, but has advised that this proposal is not satis- factory and additional discussions will be required between the City Attorney's office and the legal counsel for Texaco Into For this reason, the City Manager requested that the Public Hearing be continued to the City Council meeting of November 10, 1969o It was moved by Councilman Harvey and seconded by Councilman Bowen to con- tinue the Public Hearing to consider the amendment to the Zoning Ordinance No. 90 relating to Conditional Use Permits for extraction of minerals to the regular City Council meeting of November 10, 1969 at 8:00 p.m. in the City Council Chambers° The motion was unanimously carried by the following roll call vote: - 12 - ~ ~[ity Council Minutes October 14, 1969 AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None PUBLIC HEARING RE: DETERMINATION OF EXISTENCE.OF NUISANCE AT THE NORTHWEST COI~NER OF BALL ROAD AND WALKER STREET (CYPRESS PLAZA SHOPPINGiCENTER): The Mayor announced this was the time and place for the Public Hearing to ascer- tain whether the property generally located at the northwest comer of Walker Street and Ball Road, Assessor's Parcel Noo 244-101-28, may be main- tained in such a way as to constitute a public nuisance. 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 October 8, 1969 indicating that the affidavits of posting and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications have been received. The City Manager also advised that his office had received a telephone call from the secretary of Mr. Martin requesting that no action be taken on this matter for 60 days since the property currently is in escrow and ownership will be transferred within that period of time~ The Public Works Director read into the record of the Public Hearing a report dated October 8, 1969 transmitting a Resolution for consideration by the City Council declaring the property a public nuisance. The report.further indicated that the property owner has thirty days after the mailing of the notice of abatement to the property owner to abate the nuisance and further provides that the Public Works Director shall cause the nuisance to be abeted by City personnel or by private contractor in the event that the property owner does not take such action, and further authorizes a special assessment against the property to pay for the abatement~ The City Manager advised that the proposed Resolution states the nuisance to consist of combustible debris, including weeds, papers, broken lumber, broken furniture and trash° The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to abating the nuisance on the subject property. The Public Works Director stated that he had received several complaints in regard to this property and has contacted the owner by both telephone and letter requesting that the nuisance be abated prior to initiating these proceedings. Councilman Harvey stated that since the nuisance has existed for some time, and since the property owners have been aware of the existence of the nuisance, he feels the City Council should take irmuediate action to remedy the nuisance on this property~ There being no written communications or oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING AND DECLARING CERTAIN PREMISES WITHIN THE CITY TO BE A NUISANCE, AS DIFINED IN ARTICLE III OF CHAPTER 13 OF THE CYPRESS CITY CODE, AND ORDERING THE ABATEMENT OF THE SAME BY THE OWNERTHEREOFo 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 - 13- City Council Minutes October 14, 1969 PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT TO ALLOW DANCING BY PATRONS AT UNICORN RESTAURANT (ROBERTS): The Mayor announced this was the time and place for the Public Hearing to consider an application for Special Permitl to allow dancing by the patrons at the Unicorn Restaurant, 5960 Cerritos Avenue, Cypress, as requested by Allan Roberrs, 3251 Mainway Street, Los Alamitos, California~ The Mayor declared the Public Hearing open and re- quested the Staff to present its reports. The City Manager presented a report dated October 8, 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 this request have been received° The report further indicated that the investigation conducted by the Police Department revealed no basis for protesting this application at this time. Also outlined in the report were the factors to be taken into consideration by the City Council in making a determination as to whether or not the proposed Permit will comport with the peace, health, safety, con- venience, 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 Special Permit° The Police Chief addressed the Council indicating that in reference to the transfer of the general on-sale Alcoholic Beverage License previously con- sidered in the meeting, it should be pointed out that the licensing of "T · 48" the premises is being changed from a "Type 47" License to a yp License, which does not require the serving of food. General discussion was held relative to the effect this change of licensing would have on the operation of the establishment, including clientele since it could become more of a cocktail lounge than a restaurant. In response to an inquiry from Councilman Harvey, the City Manager stated that it would be appropriate for the City Council to grant the permit for a six-month periods The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to this Special Permit. It was noted that the applicant was not in the audience. In response to further inquiries from the City Council, the Assistant City Attorney reviewed Sections 15-65 and 15-67 of the Cypress City Code relating to duration of the Special Permits and procedure for renewal. There being no written con~nunications and no oral protests, the Mayor de- clared the Public Hearing closed° It was moved by Councilman Harvey and seconded by Councilman Noe to approve the Special Permit to allow dancing by the patrons at the Unicorn Restaurant, 5960 Cerritos Avenue, Cypress, as requested by Mr. Allan Roberrs, 3251 Main- way Street, Los Alamftos, for a period of six months. 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 CONSIDERATION OF REQUEST FOR APPROPRIATION FOR CONSTRUCTION OF TEEN CENTER: Discussion resumed relative to providing a teen center facility through the use of eleven modular units and also employing a youth activities coordinator to develop programs and oversee the operations of this facility. In response to an inquiry from Councilman Kanel, the City Manager indicated that in discussing salaries of youth activities coordinators in other communities, it would appear that a suggested salary level would be in the area of $600 to $800 per month° - 14 - ' uCity Council Minutes October 14, 1969 Councilman Kanel stated that in his discussions with the Cypress Park and Recreation Director he had been advised that starting in January of 1970 they will have an internship for a recreation graduate student who is assigned to a recreation program in order to complete the requirements for his degree, and suggested that the City could investigate the possi- bility of utilizing this person. The City Manager indicated that the proposed position of youth activities coordinator should be filled by a person with sufficient background and training to develop a successful program; however, a person assigned to the District on an internship basis could provide assistance to the youth activities coordinator° Mr. Charles Bryant, Director of the Cypress Park and Recreation District addressed the Council outlining the intern program to be implemented by the Park and Recreation District° The City Manager then explained that the youth activities coordinator suggested for use in the teen center program would be more on the level of a recreation director, since the teen center program is one that is diffi- cult to coordinate, and it is essential to the success of the program to obtain a well-qualified person who could administer the program. He fur- ther indicated that he felt if the Park and Recreation District was willing to make the intern available to the City, the City could utilize an additional person to assist the youth activities coordinator. The City Manager further stressed the fact that the success of the teen center depends on the programs developed and the supervision provided, Councilman Kanel suggested that the City may wish to coordinate these activi- ties with the District since the citizens are paying taxes for the services provided by the District. At this time Mayor Ranode read a communication from a citizen of Cypress expressing her unhappiness with registration procedures of the Cypress Park and Recreation District and stated that he felt that if the City is proposing to expend City funds for the development of a teen center facility, then the City should be responsible for coordinating the activities of this facility. Mr. Charles Bryant of the Cypress Park and Recreation District again addressed the Council indicating that registration was handled in a different manner this year, which was not as effective as in past years, and for this reason many persons were not able to be registered for certain classes. He further stated that he felt it would be appropriate to forward such a communication to the Cypress Park and Recreation District to afford them an opportunity to contact any persons who are not satisfied with the Programs of the District. It was moved by Councilman Bowen and seconded by Councilman Harvey to author- ize the City Manager to develop a class specification and suggested salary range for the employment of a youth activities coordinator and to further authorize the City Manager to develop a budget for the leasing of the module units as outlined in the report. Prior to voting on this matter, further discussion was held relative to arranging meetings with the youth groups in the City. Councilman Noe expressed concern that the open space in the modular units may not be sufficient to meet the needs of the youth. Mayor Kenode stated that if the purpose of the facility is merely as a drop-in center for youth, he does not feel it would be inadequate, but for larger activities, such as dances, other facilities would be necessary. Councilman Harvey expressed his concern with the restrictions that are being placed on the scope of activities in communities for youth and indi- cated that he would strongly urge the City to proceed with this teen center. Councilman Kanel inquired as to whether the library would be available for use as a teen center and as to the status of the negotiations with the County relative to the development of a new library facility. - 15 - City Council Minutes October 14, 1969'; The City Manager stated that the County Librarian is very interested in acquiring a larger facility for the library; however, the City expanded that program to include the need for other County services that could be located on the Civic Center and indicated that it will be at least one year before a decision is made in this regard. Mayor Kenode stated that he felt the temporary modules would fulfill the con=nunity needs for a youth drop-in center, and suggested that the library facility cound later be converted into a community center. Councilman Bowen's motion was then 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 Mrs. Robert Cardoza, 6091 Lee Drive, Cypress, addressed the Council expressing her appreciation, as well as the appreciation of the Cypress Teen Group, to the City Manager and City Council for approving this project. RECESS: The Mayor declared a recess at 8:55 pom. The meetinr was called back to order at 9:04 p~m~, with all City Councilmen present. CONSIDERATION OF APPROVAL OF MEMORANDUM OF UNDER. S. TANDING REGARDING DISSO- LUTION OF THE CYPRESS COUNTY WATER DISTRICT: The City Manager presented a report dated October 9, 1969 transmitting a proposed Memorandum of Under- standing between the City of Cypress and the Cypress County Water District which incorporates the agreements reached in the recent Joint meeting be- tween the District and the City Council regarding the dissolution proceedings and the litigation which had been filed by the District. This Memorandum of Understanding was transmitted to the Cypress County Water District with a request that it be executed by the District prior to the City Council meeting; however, the City Manager has not been advised of any action of the District in reference to the Agreement. The City Manager reviewed the contents of the Agreement and indicated that it had been prepared by the City Attorney from information provided by the City Manager's Office~ He further indicated that the Attorney for the Water District was not satisfied with the contents of the Agreement, but suggested that the City Council should proceed to approve the Agreement, subject to its approval by the District~ The City Council generally concurred in the contents of the Agreement as having been agreed to by both the City Council and Board of Directors at the recent joint meeting. In response to an inquiry from Councilman Kanel, Mrs. Virginia Simmons, Secretary of the Cypress County Water District, addressed the Council stating that the Agreements had not been presented to the Board of Directors but had been transmitted to the Attorney for the Water District. The City Manager indicated that there was a misunderstanding as to who should draft the Agreement° He had sent the information to the City Attorney for preparation of the Agreement, with the thought that it would then be forwarded to the Attorney for the District to be reviewed; however, there is some feeling in the District that the Agreement should have been prepared Jointly by the City Attorney and the Water District Attorney. He further indicated that the Attorney for the Water District had contacted his office and he had requested him to contact the City Attorney to discuss the legal terms of the Agreement; however, the City Attorney has not been contacted to date. General discussion was held relative to the court trial to be conducted on the litigation filed by the Cypress County Water District against the Local Agency Formation Commission. - 16 - ~ ~C~.~ty Council Minutes October 14, 1969 It was moved by Councilman Harvey and seconded by Councilman Kanel to approve the Memorandum of Understanding between the City of Cypress and the Cypress County Water District, subject to its approval and execution by the Cypress County Water District Board of Directors. Councilman Noe stated for the record that as a member of the Local Agency Formation Commission he has entered into no discussion regarding this matter. He further indicated that during the hearing on this matter before the Local Agency Formation Commission, he stepped down from the Commission and allowed the Alternate to vote on this matter° Councilman Harvey's motion was then carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode NOES: O COUNCILMEN: None ABSENT: O COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Noe CONSIDERATION OF REPORT FROM ADVISORY TRAFFIC COMMITTEE--C~NFLICT BETWEEN PARKED VEHICLES AND STREET SWEEPING PROGRAM: The City Manager presented a report dated October 9, 1969 indicating that the Advisory Traffic Comm4ttee at its meeting of September 12, 1969 reviewed the problem of the conflict between the street sweeping program schedule and the parked vehicles on City streets and agreed that a large part of this problem could be resolved through the publication of the street sweeping schedule in the City News- letter and a request that citizens cooperate by removing their parked ve- hicles on the scheduled days of sweeping° In addition, a notice has been prepared which will be placed on the windshields of parked cars during the regularly scheduled runs of the street sweeper. The City Manager indicated that the City Staff will continue to observe the extent of this problem and will advise both the City Council and Traffic Committee as to whether or not further action will be required. It was moved by Councilman Kanel and seconded by Councilman Noe that this status report be received and filed. Councilman Harvey stated that the City of Los Alamitos is now doing its own street sweeping and suggested that a cooperative agreement might be entered into between Los Alamitos and Cypress in regard to these services. The City Manager stated that he would investigate this possibility. Councilman Kanel's motion was then 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 REQUEST TO CONSTRUCT SIDEWALK ON THE NORTH S~DE O~ ORANGE AVENUE WEST OF MOODY STREET: The City Manager presented a report dated October 9, 1969 outlining the possibility of constructing a sidewalk on the north side of Orange Avenue between Moody and Denni Street in conjunction with the Arterial Highway Financing Program Project on Orange. Several requests have been received by the City and referred to the Advisory Traffic Committee regarding the need for a pedestrian walkway on the north side of Orange from the existing improvements west of Moody to Moody. Since the City has acquired the ultimate right of way for the street widening project, a temporary walkway could be constructed until such time as the adjacent property is developed, at a cost of approximately $750. It was moved by Councilman Kanel and seconded by Councilman Bowen to authorize the Staff to proceed with the construction of a sidewalk on the north side of Orange Avenue west of Moody Street at a cost not to exceed $750 to be charged to the Miscellaneous Improvements with Developers Account in the current Budget. Mayor Kanode presented a similar problem of inadequate walkways on the west side of Grindlay Street adJacent to Cypress School. - 17 - City Council Minutes October 14, 1969 The City Manager stated that this problem has been partially corrected by crossing the children so that they walk to school on the east side of the street which has sidewalks constructed; and then the children are crossed again to the west side of the street at a crosswalk near the school. CouncilmanKanel's motion was then 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 In response to an inquiry from Councilman Kanel, the City Manager reviewed the right of way problem which had been encountered with the property north of Orange on the east side of Grindlay~ CONSIDERATION OF INSTALLATION OF STOP SIGN ON DELANO STREET ~TLARW~ AVENUE: The City Manager presented a report dated October 6, 1969 reviewing a recomn~ndation from the Advisory Traffic Committee at its meeting of Sep- tember 12, 1969 to install a stop sign at the intersection of Delano and Larwin Avenue° The Traffic Engineering Division conducted an engineering study and found that the intersection warranted correction on the basis of traffic volume° It was moved by Councilman Noe and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING+ A ONE WAY STOP AT THE INTERSECTION OF DELANO STREET AND LARWIN AVENUE. 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 It was agreed to proceed to Item No. 30 at this time. CONSIDERATION OF AMENDMENT TO REAL PROPERTY TRANSFER TAX ORDINANCE: The City Manager presented a report dated October 9, 1969 outlining the necessity to amend the property transfer tax Ordinance of the City to conformwith the Orange County Ordinance, which has been ~-~nded as a result of new legis- lation. It was moved by Councilman Bowen and seconded by Councilman Kanel to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode NOES: O COUNCILMEN: None ABSENT: O COUNCILMEN: None Title of the Ordinance is as follows: ORDINANCE NO. 418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 359 IMPOSING A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY. It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt this Ordinance° 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 - 1S - ~}City Council Minutes October 14, 1969 CONSIDERATION OF AUTHORIZATION FOR CITY MANAGER TO PARTICIPATE IN INDEPENDENT CITIES SEMINAR: The City Manager presented a report dated October 9, 1969 requesting permission to participate as a speaker on a panel dealing with employer-employee relations to be held on Friday, October 24, 1969, as a part of the program of the Ninth Annual Seminar of the Independent Cities of Los Angeles County which will be held in San Diego. All lodging and meal expenses will be paid by the Independent Cities Organization; however, the City Manager would be required to use the City car for transportation to and from the Conference. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the City Manager to participate in the Seminar of Independent Cities of Los Angeles on Friday, October 24, 1969 in San Diego. 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 APPROVAL OF EMPLOYMENT LIST--POLICE AGENT: The City Manager presented a report dated October 9, 1969 outlining the results of a pro- motional examination which has been conducted for the position of Police Agent. It was moved by Councilman Bowen and seconded by Councilman Kanel to certify the employment list for Police Agent as submitted. 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 CONSIDERATION OF APPROVAL OF EMPLOYMENT LIST--PUBLIC WORKS FOKEMAN: The City Manager presented a report dated October 9, 1969 reviewing the results of a promotional examination which has been conducted for the position of Public Works Foreman~ It was moved by Councilman Noe and seconded by Councilman Bowen to certify the employment list for Public Works Foremanas submitted. 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 EMPLOYMENT LIST--POLICE LIEUTENANT: The City Manager presented a report dated October 14, 1969 reviewing the results of a promotional examination which has been conducted fo= the position of Police Lieutenant~ It was moved by Councilman Harvey and seconded by Councilman Kanel to certify the employment list for Police Lieutenant as submitted. 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 APPROVAL OF COMMERCIAL WARRANT L~ST..F. OR ~ARRANTS ~0. 22311 THROUGH 22447: It was moved by Councilman Bowen and seconded by Councilman Noe to approve the Commercial Warrant List for Warrants No. 22311 through 22447 in the amount of $175,867.50. 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 - 19 - City Council Minutes October 14, 1969 RECESS: The Mayor declared a recess at 9:32 p.m. The meeting was called back to order at 9:37 p.m., with all City Councilmen present, C(RtSIDERATION OF PROPOSED PARK BOND ISSUE: The City Manager presented a report dated October 9, 1969 indicating that during the analysis by the City Manager and Staff regarding the park and recreation needs of the community, it became apparent that sufficient funds will not be available to either the City or the Cypress Park and Recreation District to under- take a ma3or program of land acquisition and park development without bond. funds. The report further indicated that inasmuch as the majority of land required will be within the City of Cypress, it would appear unlikely that~ a District-wide bond issue would receive the necessary 66 2/3% voter approval since both the County unincorporated area and a portion of the City of La Palms would be required topay the additional taxes required for park land acquisition and development in the City of Cypress. The report further out- lined the organization problems of the District itself and suggested that the City Manager and Staff proceed with a detailed study to determine the extent of the bond obligation that would be required to develop a. park land acquisition and development program, with this information to be presented to the City Council for its determination as to whether or notto present this issue to the voters and to further solicit the support of a citizens committee. Councilman Kanel stated that the Park and Recreation District has hired a firm to study the Master Plan of the District, which should be available within the next month, The City Manager indicated that at this time, the City would limitits study to only those areas within the Jurisdictional boundaries of the City. Councilman Bowen indicated that he would withhold com"~nts until he has received the detailed study from the City Manager. Councilman Kanel indicated that since the Park and Recreation District has employed a firm to conduct master plan studies for the District, he felt the City should coordinate its study with that of the District. Councilman Harvey indicated that he felt the report being prepared for the District would undoubtedly be taken into consideration by the City Manager in preparing his report regarding the feasibility of a bond issue. The City Manager indicated that he proposed to obtain information relative to the Senoral location of needed park and recreational facilities, the type of development program required, the anticipated cost for financing a bond issue of this type and the resulting tax rate. He further indicated that he would anticipate having this report prepared for Council consideration sometime in December, 1969. It was moved by Councilman Bowan and seconded by Councilman Harvey to authorize the City Manager and Staff to proceed inmmdiately with the re- quired studies to determine the feasibility of a bond issue within the City of Cypress for park land acquisition and development. Councilman Harvey expressed his desire for the study to include theHettinga animal farm. He further indicated that he felt sufficient land would have to be acquired in a manner other than utilization of the optional desiN requirements of the Subdivis ion Ordinance. Councilman Bowen!s motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Nod and Kenode None None - 20 - .,IC~ty Council Minutes October 14, 1969 CONSIDERATION OF ADOPTION OF AMENDED RESOLUTION REGARDING EXPANSION PROGRAM OF LOS ALAMITOS NAVAL AIR STATION: The City Manager indicated that the origi- nal Resolution adopted by the City Council opposing the expansion program of the Los Alamitos Naval AIr Station and requesting studies into the feasibility of relocating this facility had contained an error in referencetothe number of fatalities. He indicated that the fatalities indicated in the Resolution should have included both civilian and military personnel. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1014 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 rollcall vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None ORAL COMMUNICATIONS: There were no oral communications presented at this time. In response to an inquiry from Councilman Kanel, Mrs. Sharon Pritchett, 6282 Ferns Avenue, Cypress, California addressed the Council relating the status of the petitions opposing the expansion program of the Los Alamitos Naval Air Station° Councilman Harvey suggested that the City Council arrange to make a tour of the City in the near future and the City Manager indicated that he would prepare a schedule for a tour by the City Council. Mayor Kanode presented a communication from a. local organization requesting that October 24, 1969 be proclaimed as "United Nations Day" in the City of Cypress. It was moved by Councilman Bowen, seconded by Councilman Harvey and unani- mously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Harvey and seconded by Councilman Bowen this comunication be received and filed. Councilman Noe indicated that he felt the Mayor should decide whether or not he would wish to issue this Proclamation as Mayor. Councilman Harvey stated that he felt action on this matter would be similar to taking a position on the freedom of religion question. Councilman Kanel stated that he felt this request was different and that since the President of the United States supports the United Nations, the Council should give it someconsiderationo He further suggested that the Mayor should decide whether or not he would wish to issue the Proclamation as Mayor. Councilman Harvey's motion was then carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILM~N: ABSENT: 0 COUNCILMEN: Bowen, Harvey and Kanode Kanel and Noe None PERSONNEL SESSION: It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to go into a Personnel Session at 10:10 p.m. The meeting was called back to order at 10:32 p.mo, with all City Councilmen present. - 21 - City Council Minutes October 14, 1969.., It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to place on the agenda for consideration at this time the removal of J. J. Davis from his position aS Planning Commissioner, and the appointment of a replacement and an appointment to the Advisory Traffic Committee. CONSIDERATION OF REMOVAL OF PLANNING COMMISSIONER J. J. DAVIS AND APPOINT- MENT OF MR. HILLIARD WARREN TO FILL THIS VACANCY: It was moved by Council- man Bowen and seconded by Councilmen Kanel that Mr. J. J. Davis be removed from his position on the Cypress Planning Commission to be effective immediately. 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 Mayor Kenode suggested the appointment of Mr~ Hilliard Warren to fill the unexpired term of Mr. J. J. Davis, which is to expire August 5, 1972, follow- ing which it was moved by Com~cilman Noe and seconded by CouncilmanBowen to concur in the Mayor's appointment of Mr. Warren. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanode NOES: 1 COUNCILMEN: Kanel ABSENT: O COUNCILMEN: None It was moved by Councilman Harvey and seconded by Councilman Noe, that with his appointment to the Planning Commission, Mr. Hilliard Warren be released from his duties on the Advisory Traffic Committee. 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 Mayor Kanode suggested the appointment of Mr. Jerry Mullen to fill the un- expired term of Mr. Hilllard Warren on the Advisory Traffic Committee, which is due to expire on February 19, 1970, following which it was moved by Councilman Bowen and seconded by Councilman Noe to concur in the Mayor's appointment of Mr. Jerry Mullen to the Advisory Traffic Committee. 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 ADJOURNMENT: There being no further business to come before the City Council, it was moved by Cou~cilman Noe, seconded by Councilman Bowen and unanimously carried to adjourn at 10:37 p.m. ATTEST: MAYOR OF~THE CITY OF CYPRESS CITY CLEEK 0~' THE C~TY OF CYPRESS - 22 -