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Minutes 69-10-27MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 27, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, October 27, 1969 in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro tem John Kanel presiding PRESENT: Councilmen Bowen, Harvey, Kanel and Noe ABSENT: Mayor Kanode Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap, Grissom, Poertner and Schatzeder. MINUTES: Councilman Kanel stated that he had not received a copy of the Minutes of October 14, 1969, following which it was moved by Councilman Harvey, seconded by Council- man Bowen and unanimously carried to defer consideration of the Minutes of October 14, 1969 until the meeting of November 10, 1969. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to approve the Minutes of the Meeting of October 13, 1969 as mailed. It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to approve the Minutes of the meeting of September 22, 1969 with the corrections noted at the meeting of October 14, 1969 and with the motion approv- ing Optional Design Subdivision Map No. 5983 on page 16 of the Minutes of the meeting of September 22, 1969 being changed to read as follows: "Councilman Kanel stated that based on a combination of the testimony received regarding the subject tract map, the information that has been submitted to him as a Councilman by a professional staff, the feeling that this subdivision, in view of the 1.3 acre park site which is proposed to be dedicated and the impo- sition of 32 conditions, will be in the over-all best interests of the community, and the residents who will be attracted to the community as a result of this development will be an asset to the community. For these reasons, he would move for approval of Optional Subdivision Map Noo 5983 subject to the conditions as outlined. Councilman Noe stated that he is in accord with the recommendations of the pro- fessional staff and with the master plan of the City and that he feels this optional subdivision map will be in the best over-all interests of the citizens and he seconded the motion to approve Optional Design Subdivision Map No. 5983, subject to the following conditions:" At this time, Mark Rozelle addressed the Council reviewing his activities and experiences in Dusseldorf-Benrath, Germany, as the Official Representative of the City of Cypress and read in full a letter dated August 27, 1969 from the District Mayor of the City of Dusseldorf-Benrath thanking the City Council for the Community Service Plaque which was presented by Mark Rozelle on behalf of the City, and extending the greetings and friendship of his City. MAYOR KANODE ARRIVED AT 4:26 PoM., TOOK HIS PLACE ON THE PODIUM AND PRESIDED OVER THE REMAINDER OF THE MEETING. It was generally agreed that the letter from the Mayor of Dusseldorf-Benrath, Germany would be framed and placed in an appropriate location within the Civic Center. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place the presentation of Cer- tificates to the 18 poster winners of the Beautification Program poster contest on the agenda for consideration following the Invocation during the evening portion of the City Council meeting. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place on the agenda for consideration at this time the proposed annexation of a portion of the Los .Alamitos Naval Air Station to the City of Los Alamitos. ~ City Council Minutes October 27, 1969 The City Manager presented a communication dated October 23, 1969 from Mr. Richard Turner, Executive Secretary of the Local Agency Formation Conmission transmitting a map outlining the proposed boundaries of the annexation to the City of Los Alamitos. The City Manager reviewed the problems which would be created with the annexation by Los Alamitos of the property on both sides of the Bolsa Chica Channel and requested authorization to prepare suggested boundaries for this annexation to be submitted to the Local Agency Formation Commission as a part of the public hearing on this matter~ It was moved by Councilman Bowen and seconded by Councilman Harvey to authorize the City Staff to prepare maps and other required materials protesting the boundaries of the proposed annexation to the City of Los Alamitos and suggesting consideration of altering the boundaries to provide for the Bolsa Chica Channel to serve as a natural boundary between the two cities. 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 The City Manager stated that he would wish to continue consideration of the P.OoS.T. Study until the Council meeting of November 10, 1969. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place on the agenda for consider- ation at this time, a request for waiver of filing fees for the granting of a Variance. The Public Works Director presented a map outlining the property on which a variance from the setback requirements of the Zoning Ordinance has been requested and indicated that this variance is required in conjunction with obtaining an easement across the Vessels School site° It was moved by Councilman Harvey and seconded by Councilman Noe to approve a waiver of filing fees for a variance from the side yard setback requirement for Lot 1 of Tract No. 5621 as requested by Mrs. Hope Vierao The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None The City Manager advised that the Board of Directors of the Cypress County Water District had received and filed the Memorandum of Understanding between the City and the District in regard to the dissolution of the District. He further ad- vised that the hearing regarding the suit which has been filed against the Local Agency Formation Commission by the Cypress County Water District was continued to December 3, 1969. RECESS: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to recess at 5:43 pomo until 7:30 pom~ that evening. CALI~ TO ORDER: The Mayor called the meeting back to order at 7:30 p.m., with the following in attendance: PRESENT: Councilmen Bowen, Harvey, Kanel, Noe and Kanode ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson and the following members of the City Staff: Grissom, Nudson, Poertner, Putnam, Savord and Schatzedero PLEDGE OF ALLEGIANCE: Cypress Boy Scout Troop 81 led the City Council and audience in the Pledge of Allegiance. - 2 - City Council Minutes October 27, 1969 PRESENTATION OF CERTIFICATES TO ANTI-LITTER PROGRAM POSTER CONTEST WINNERS: Cypress Chamber of Conmaerce President Dick Morris introduced Mrs° Frances Leneker, President of the Woman's Club of Cypress and Mrs. Kenneth Bentley, Chairman of the Anti-Litter Poster Contest which was conducted in the elementary schools. Mrs. Bentley then announced the first, second and third place winners of the Poster Contest in each of the grades while Mayor Kanode presented each winner with a Certificate and congratulations on behalf of the City Council for this achievement. RECESS: The Mayor declared a recess at 7:42 p.m. The meeting was called back to order at 7:53 p.m., with all City Councilmen in attendance. ORAL COMMUNICATIONS: Mr, Tom Evans, 4802 Alaska Avenue, Cypress addressed the Council presenting a petition containing the signatures of residents in the County unincorporated area located on the north side of Lincoln Avenue west!of Moody Street requesting that the City Council include this arealin the adjacent area which is currently being considered for annexation by the City. Mro Ernie Rennie, 8751 Sunmet Place, Cypress, California, addressed the Council stating that he felt the person who presented the petition to him had misrepre- sented the purpose of the petition since he had understood that the petition was opposed to annexation, whereas it was requesting annexation. He further indi- cated that he would disapprove of annexation of his property to the City due to the fact that the City has a Volunteer Fire Department. The City Manager reviewed the current operation of the Fire Department explaining that in addition to the Volunteer Department the City now has three firemen on duty at all times to handle calls from Cypress, Los Alamitos and La Palma. He further offered to meet with Mr. Rennie and any other residents who would wish to have additional information regarding the services provided by the City. The City Manager then reviewed the discussions which had taken place in the County area requesting annexation relative to the advantages of being annexed to the City. It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried to place the petition for annexation on the agenda for consideration as Item 3a. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT--REAGENT ENTERPRISES~ INC.: The Mayor announced this was the time and place for the Public Hearing to con- sider an application for Special Permit to allow the solicitation of contracts for termite treating in the City of Cypress, as requested by Reagent Enterprises, Inc., 9778 Katella Avenue, Suite 114, Anaheim, 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 October 23, 1969 advising 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 conmuntcations either in favor of or in opposition to the Special Permit have been received° The report further reviewed the factors to be considered by the City Council in making a determination as to whether or not the permit will comport with the peace, health, safety, cgnvenience, good morals, and general welfare of the public and whether the applicant or other persons in charge of the operation are fit to be ~rusted with the privileges granted by the Special Permit. The City Manager then read into the record of the Public Hearing a report dated October 27, 1969 from the Police Chief reviewing the results of the police investigation of this matter and indicating that the Police Department finds no reason to protest this application. Councilman Bowen stated that he had understood that some cities had unfortunate experiences with termite inspection companies and indicated his concern that more controls are not placed on this type of business. - 3- City Council Minutes October?27, 1969 The Mayor asked if anyone ~n the audience wished to speak in favor of or in opposition to the proposed Special!Permit. Following inquiries from members of the City Council, Lee McKern, 9778 Katella Avenue, Suite 119, Anaheim, California addressed the Council explaining the pro- cedures followed inher door-to-door solicitation. She stated that she distributes cards to homeowners offering a free inspection for termites and if the homeowner desires such an inspection then a termite control inspector who is licensed with the State of California performs th~s inspection. The Council expressed interest in obtaining information relativeto the pro- cedures followed by the termite inspectors of Reagent Enterprises, Inc. in con- tacting individuals who had requested a termite inspection of their house; however, Lee McKern stated that she was unable to answer questionson this phase of the operation. It was moved by Councilman Bowen and seconded by Councilman Kanel to continue the Public Hearing to consider the application of Reagent Enterprises, Inc. until the City Council meeting of November 10, 1969 and to request the City Manager to request the attendance of another representative of the firm who would be qualified to discuss the operation of the company. In response to an inquiry from Mayor Kanode, the Finance Director advised that his office had been contacted regarding the solicitation being conducted by Reagent Enterprises, Inc. and had subsequently contacted Reagent Enterprises and advised them of the requirements of the City for a business license and special permit. General discussion was held relative to whether or not it would be appropriate to question a representative from Reagent Enterprises in regard to the solici- tation inasmuch as Lee McKern is the applicant for this ~pecial Permit, follow- ing which the City Attorney advised that the the City Council may as part of making its determination as to whether the requested ~l~itation would com- port with the peace, health, safety, convenience and general welfare of the public!i~Ui~e~nto, the nature of the business for which the solicitation is being condUCted." In response to an inquiry from Councilman Kanel, the City Manager advised that the Police report indicated that no complaints have been filed against Reagent Enterprises, Inc. with the Better Business Bureau. Inanswer to an inquiry from Councilman Harvey, Lee McKern advised that she had not been soliciting within the City. Councilman Bowen's motion to continue this Public Hearing to November 10, 1969 was then unanimously carried by the following roll call vote: AYES: 5 COUNCILME/q: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 223 (VAL HOMES, INC.): The Mayor announced this was the time and place for the Public Hearing to consider an application for a conditional use permit to allow the construction of 144 units located in 14 separate buildings in an R-4 (High Density Multiple Family) zone on property generally located on the east side of Moody approximately 200 feet southerly of Lincoln Avenue, requested by Val Homes, Inc., 9300 Wtlshire Boulevard, Beverly Hills, California, known as Conditional Use Permit No. C-223. 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 23, 1969 advising that the affidavits of publication, posting and mail- ing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written conmunications either in favor of or in opposition to the proposed permit have been received. The Planning Director reviewed a report and map outlining the location of the structures on the property and presenting the Planning Commission's recommendation of approval subject to various conditions. -4- City Council Minutes October 27, 1969 Councilman Harvey stated that he felt there should be a visual screen between the residences and apartment units. The Planning Director advised that the main concern of adjacent residents had been the noise and lack of privacy which would be created with apartments; therefore, the Planning Commission required the installation of louvers to the windows of the units abutting single family residences. The Mayor asked if anyone in the audience wished to speak in favor of the re- quested Conditional Use Permit. Mr. Lee J. Goldin, addressed the Council representing Val Homes, Inc., 9300 Wilshire Boulevard, Beverly Hills, California speaking in favor of the Con- ditional Use Permit and stating that he is in agreement with the conditions imposed by the Planning Commission in its reconmmndation of approval. He further reviewed plans to provide a screen between the apartments and the subdivision through the use of the carports. The Mayor asked if anyone in the audience wished to speak in opposition to this Conditional Use Permit. Mr. Henry Roberrs, 5023 Evergreen Avenue, Cypress, California addressed the Coun- cil reviewing the problems which the adjacent homeowners had presented at the Planning Commission meeting. He indicated that they had since been contacted by a representative of Val Homes who had been very cooperative in suggesting remedies to the noise and vision problems and as a result of this meeting they welcome the construction of this apartment complex. In response to an inquiry from Co~mcilman Bowen, Mr. J. D. Brown of Val Homes, Inc. indicated that they had not been advised to date whether or not they will be able to provide shake roofs on the carports. The City Manager explained that the fire zone requirements in multiple family zones are more restrictive than in single family residential developments which would require that the shake roofs on the carports be treated with an appropriate material to make them fire retardant. General discussion was held regarding the possibility of constructing a block wall on the south side of the apartment complex which would join the carport roof to provide a visual screen, and it was generally agreed to add a condition to those suggested by the Planning Commission to provide for this screen. Councilman Harvey indicated that he was pleased to learn that the developer and property owners were able to work out their problems in reference to the con- struction of the development. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen and seconded by Councilman Kanel to approve Conditional Use Permit No. C-223, subject to the following conditions: 1. Moody Street shall be fully dedicated and improved to city standards. 2. All drainage fees shall be paid. 3. A six-foot ornamental concrete block wall shall be constructed along all property lines. The type of wall to be approved by the Planning Director. 4. Landscaping shall be designed by a licensed landscape architect and approved by the Planning Director. 5. Drainage to be solved to the satisfaction of the City Engineer. 6. Advance street light energy charges shall be paid. 7. The buildings shall meet Fire Zone Two building code requirements. 8. Fire protection is required to be installed in accordance with re- quirements of the Orange County Fire Marshal's Office. -5 - Uity Council Minutes October 27, 1969 9. All parking spaces adjacent to R-1 property shall be cQvered carports. 10. Louvers shall be added to the windows of the four units abutting single- family residences. 11. The wall on the south side of the apartment units shall Join the carports to form a solid visual screen. 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 224 ( T & C HOMES): The Mayor announced this was the time and place for the Public Hearing to consider an appli- cation for conditional use permit to allow the construction of a 2-story apartment building a maximum of fifty feet from ad]acent property which is the city bounda- ries of an adjacent city, placing a carport buffer strip to all boundaries, in an R-4 (High Density Multiple Family) zone on property generally located at 9362 and 9372 Holder Street, Cypress, requested by Maria Jesus Salvador, 9372 Holder Road, Cypress, and by Henry and Emma Schenk, 6455 Myra Avenue, Buena Park, known as Conditional Use Permit No. C-224. 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 23, 1969 indicating that the affidavits of publication, posting and mail- ing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no communications either in favor of or in opposition to the pro- posed permit have been received. The Planning Director presented a report and map outlining the location of the structures on the property. He further advised that although garages are shown on the map a variance may have to be processed for the construction of carports instead of garages. The Mayor asked if anyone in the audience wished to speak in favor of the pro- posed Conditional Use Permit. Mr. W. C. Phelps, 917 East Katella Avenue, Garden Grove, California addressed the Council speaking in favor of the Conditional Use Permit. Councilman Bowen expressed concern that persons residing in Area A would not have direct access to the pool area through passageways but would instead be re- quired to go through the parking lot. Mr. Phelps stated that they would make provision for direct access from Area A to the swimming pool, without requiring the residents to go through the parking lot area. Mr. Phelps further explained the proposed layout of the units, the plans for pro- viding adequate traffic flow patterns and the attempts that have been made to provide privacy to the adJacent property owners. In response to an inquiry from Councilman Noe, Mr. Phelps advised that he had intended to utilize carports in this development and was unaware of additional requirements that would have to be made; however, he could construct garages rather than carports if required. Mr. Phelps presented a new plot plan incorporating the requests made by the Planning Commission for the City Council's review. The Mayor asked if anyone in the audience wished to speak in opposition to the Conditional Use Permit. Mrs. Wanda Owens, 9402 Holder Street, Cypress, addressed the Council regarding an easement which is located adjacent to the proposed apartment development and expressing her concern that the use of this easement for access would create traffic problems adJacent to her property. She further expressed her desire for the existing fence or a similar fence to remain at its present location. Mrs. Owens further requested that speed bumps be installed along the driveway to pre- vent speeding. - 6 - City Council ~nutes October 27, 1969 The Planning Director stated that the Engineering Division has avoided the in- stallation of speed bumps due to the liability which could result to the City. He further advised that due to the length and design of the driveway, he did not feel speed would be a problem. The City Attorney further reviewed the liability created by the installation of speed bumps and advised Mrs. Owens that the location of the fence, the use of the easement and payment of taxes by the developer are matters which would not be resolved by the City Council. Mr. Tom Russell, 13832 Beach Boulevard, Westminster, California, addressed the Council representing the applicant stating that he had made attempts to con- tact Mrs. Owens but had not been successful, and would attempt to resolve this problem to Mrs. Owens' satisfaction. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. those conditions recommended by Commission to insure access from Area A to the swimming pool without having to go through the parking lot: "17. Passageways or access to the swimming pool from the first unit shall be provided." It was moved by Councilman Harvey and seconded by Councilman Noe to approve Conditional Use Permit No. C-224 subject to the following conditions: Ornamental concrete block wall shall be constructed around the perimeter property lines in accordance with the Zoning Ordinance and approved by the Planning Director. 2. Drainage shall be solved to the satisfaction of the City Engineer. 3. All drainage fees shall be paid. Holder Street shall be dedicated and fully improved in accordance with the General Plan and improvements shall be installed in accor- dance with existing standards. 5. Advance street light energy charges shall be paid. 6. All structures shall meet Fire Zone Building Code Two requirements. 7. All fire protection deviues shall be installed in accordance with the requirements of the Orange County Fire Marshal's Department. Landscaping shall be designed by a licensed landscape architect and approved by the Planning Director and installed prior to occupancy of the structures. 9. All access drives shall be paved and maintained in a good manner. 10. Open spaces shall be subject to landscape review. 11. Clearance on driveway arch for ingress and egress of emergency vehicles.' 12. Architectural review of car storage areas. 13. Carport wall on property line adjacent to R-1 property to be ten feet in height and to be of material approved by the Planning Commission. 14. All "A" floor plans shall be reversed. 15. Architectural floor plan shall be reviewed. 16. Additional planting of trees to provide screening shall be provided along northerly side of the building° 17. Passageways or access to the swimming pool from the first unit shall be provided. 7 City Council Minutes October 27, 1969 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF PETITION REQUESTING ANNEXATION OF PROPERTY ON THE NORTH SIDE OF LINCOLN AVENUE WEST OF MOODY STREET: Discussion resumed in regard to a petition which was presented requesting the City Council's consideration of annexing the property located north of Lincoln Avenue west of Moody Street. The City Manager advised that the City had been contemplating an annexation in this general area, specifically property fronting on and adjacent to Lincoln Avenue and suggested that this property could be included in the proposed annexation. The City Manager outlined the location of these properties on a map and pointed out that a County island would be created as a result of these annexations. For this reason, he suggested that the City may have to re-evaluate the desirability of annexing the property south of Lincoln Avenue° It was moved by Councilman Bowenand seconded by Councilman Noe to authorize the Staff to proceed to prepare the necessary maps and legal descriptions for the annexation of property located north and south of Lincoln Avenue west of Moody Street° In response to an inquiry from Councilman Harvey, the City Manager stated that the City Staff, as well as the Chamber of Commerce, would offer to meet with any property owners to answer their questions relative to the services provided by the City. 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, Noe and Kanode None None RECESS: The Mayor declared a recess at 9:47 p.m. The meeting'was called back to order at 10:06 p.mo, with all City Councilmen present. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to proceed to Item No. 22 on the agenda at this time. CONSIDERATION OF STATUS OF COMPLIANCE BY HYATT DIE CAST COMPANY WITH MODIFICATIONS OF CONDITIONAL USE PERMIT NO. C-211: The City Manager presented a report dated October 23, 1969 indicating that Phase I of the suggestions made by the sound consulting firm of Bolt, Beranek and Newman at the Hyatt Die Cast Plant has been con~leted and Bolt, Beranek and Newman has been requested by Mr. Hyatt to complete the sound tests to determine the effectiveness of the recommendations outlined in Phase I of the sound study. The report further reviewed complaints which have been received from adjacent property owners regarding the continuing vibration problems, which have been verified by an inspection by the City Manager and Planning Director. Mr. Hyatt has been advised of this problem and has stated that attempts have been made to correct this situation° The City Manager read in full a conmunication dated October 27, 1969 from Mr. Glenn Ro Watson, representing Mro Albert Hyatt which challenges the legality of the conditions imposed by the City Council on the modification of Conditional Use Permit Noo C-211 and further refuses to submit the completed sound study of Bolt, Beranek and Newman regarding the effectiveness of the Phase I construction. It was moved by CouncilmanNoe and seconded by Councilman Bowen to direct the City Attorney to enforce all conditions imposed on Conditional U~e Permit No. C-211 as modified by Resolution No. 1002, with the understanding that prior to incurring any substantial litigation costs, the City Attorney will present a summary of action to be taken. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode NOES: O COUNCILMEN: None ABSENT: 0 COUNCILMEN: None - 8 - City Council Minutes October 27, 1969 Having received permission from the Mayor and City Council, Mrs. Wilma Wilson, 9190 Whitney Way, Cypress, California addressed the Council advising that Mr. Hyatt had unloaded a 600 ton die casting machine in the southerly building on his property and inquired as to whether he will be permitted to use this machine. The Building Superintendent indicated that he had made an inspection of the southerly building and had not observed any large die casting machines that were hooked up for operation. Mr. Ray Bell, 9110 Whitney Way, Cypress, California inquired as to whether the homeowners will be made aware of what action is being taken by the City to re- quire Mr. Hyatt to comply with the requirements of the Conditional Use Permit. The City Attorney advised that at such time as he has reviewed the communication from Mr. Glenn R. Watson and has determined alternatives which are available to the City as to the course of action to pursue, information on this matter will be available from the City Manager's office. Mr. Howard Neill, 9171 Julie Beth Street, Cypress, California addressed the Council indicating that the buffers which have been installed to decrease the noise on the west side of the building have resulted in increased noise to the properties located to the east of the building. COMMUNICATION FROM DIEHL, EVANS AND COMPANY RE: AUDIT REPORT FOR FISCAL YEAR ENDING JUNE 30, 1969: The City Manager presented the Audit Report for the fiscal year ending June 30, 1969 as prepared by the City Auditors, Diehi, Evans and Company. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried this report be received and filed. COMMUNICATIONS FROM CITY OF NEWPORT BEACH, THE STATE ATTORNEY GENERAL AND THE LOS ANGELES BOARD OF SUPERVISORS RE: CIVIL ANTITRUST SUIT FOR SMOG DAMAGES: The City Manager presented communications from the City of Newport Beach, the Office of the State Attorney General and the Los Angeles County Board of Supervisors on the subject of a civil antitrust suit for damages against certain automobile manufacturers allegedly conspiring to retard the introduction of smog control devices in the State of California. The Los Angeles County Board of Supervisors requests other cities to join with the County of Los Angeles in filing petitions to intervene in the litigation. The City of Newport Beach's Resolution urges the United States Attorney General to reconsider the advisability of the decision to settle the antitrust action, and the communication from the office of the State Attorney General suggests the adoption of a Resolution authorizing that office to file an action on behalf of the State of California and for all of the cities and counties for smog damages. The City Attorney advised that the action requested by the State Attorney General's Office would require no expenditure cormnittment of City funds other than the possibility of the filing costs being advanced by the City. The City would re- ceive its proportionate share of any damages which are awarded upon settlement of the law suit. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1015 A RESOLUTION OF THE CITY COLrNCIL OF THE CITY OF CYPRESS AUTHORIZING THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA TO ACT ON BEHALF OF THE CITY OF CYPRESS IN THE FILING SERVICE AND PROSECUTION OF A CIVIL ANTITRUST SUIT FOR DAMAGES AGAINST AUTOMOBILE MANUFACTURERS FOR CONSPIRING TO RETARD INTRODUCTION OF SMOG CONTROL DEVICES IN THE STATE OF CALIFORNIA. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None -9 - City Council Minutes Oct~er 27, 1969 NOTIFICAT. ION FROM ORANGE COUNTY CLERK RE: DISSOLUTI.ON OF ORANGE COUNT~ RARBOR DISTRICT: The City Manager reviewed a notice from the County Clerk that the Board of Supervisors will conduct a hearing on the dissolution of the Orange County Harbor District at 10:00 a.m. on NOvember 5, 1969. The City has previously advised the League of Cities of its position on this matter. It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried this notice be received and filed. COMMUNICATION FROM CYPRESS SCHOOL DISTRICT RE: INSTALLATION OF SIDEWALK ON WEST SIDE OF GRINDLAY STREET ADJACENT TO CYPRESS SCHOOL: The City Manager reviewed a communication dated October 20, 1969 from Mr. Paul C. Butler, Assistant Super- intendent of Business Services of the Cypress Elementary School District, ad- vising the City of the concern that parents have expressed to the School District regarding a lack of sidewalks on the west side of Grindlay Street from the end of the sidewalk adjacent to the Cypress School to the beginning of the sidewalk adjacent to the St. Irenaeus Church property. The corf~aunication further requested the City to consider the installation of sidewalks similar to those recently constructed on the Anaheim Union High School District's property located at the northwest corner of Orange and Dennio The City Manager advised that following an investigation of the area, the Public Works Department suggested that due to the lack of curb and gutter, greater pro- tection would be provided the school children by constructing the walkway inside the school fence line, if the School District would grant permission to construct a sidewalk within the existing school property. The estimated cost for construction of this asphalt walkway is $500. Councilman Noe suggested that the walkway be placed in a location that could be utilized not only by the school children, but also by other pedestrians who might utilize this area on weekends and during after-school hours, since the fence is locked at these times. Councilman Noe suggested that the City Staff confer with the officials from the Cypress School District to determine the possibility of leaving the fence open on the Cypress School property so that a walkway constructed within the fence would be accessible to pedestrians utilizing this area on weekends and after- school hours. It was moved by Councilman Kanel and seconded by Councilman Noe to authorize the Staff to confer with the officials from the Cypress School District relative to the installation of a walkway on the west side of Grindlay Street that would be readily accessible not only to students but also to other pedestrians. 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 COMMUNICATION FROM SANTA ANA CENTENNIAL COMMITTEE RE: CELEBRATION OF CENTENNIAL OF SANTA ANA: The City Manager presented a proclamation from the Santa Ana Centennial Committee regarding the Centennial celebration of that City. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to authorize the City Manager to transmit a communication to the Centennial Committee expressing the City of Cypress' best wishes for a successful centennial celebration. COMMUNICATION FROM CITY OF STANTON RE: ORANGE COUNTY MASTER PLAN OF REGIONAL PARKS: The City Manager presented a communication from the City of Stanton transmitting a Resolution suggesting that the Orange County Board of Supervisors abandon the Nike Base site in Orange County, which is located in the vicinity of Knott Street, as the proposed Regional Park for Western Orange County and proceed to implement a program of park development in Western Orange County. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to authorize the City Manager to direct a communication to the Board of Supervisors requesting a status report on the implementation of the Orange County Master Plan for Regional Park development. - 10 - City Council Minutes October 27, 1969 COMMUNICATION FROM ANA~EIM UNION HIGH SCHOOL DI.STRICT RE: NARCOTICS COMMITTEE MEETING: The City Manager reviewed a con~nunication dated October 27, 1969 from Robert Bark, Member of the Board of Trustees of the Anaheim Union High School District, requesting the City Council to be represented at a narcotics committee meeting scheduled for 7:30 p.m. on October 29, 1969 to develop solutions for the continued use of drugs and narcotics in the school system. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried that a representative designated by the Mayor and City Manager attend this meeting on behalf of the City. STATUS REPORT ON PROPOSED WALKWAY ON NORTH SIDE OF. ORANGE AVENUE WEST OF WALKER STREET, CITY PROJECT NO. 7003-10-0514: The Public Works Director presented a report from his office dated October 22, 1969 regarding the status of negotiations with the property owners on the north side of Orange Avenue west of Walker Street for acquiring fifteen feet of right of way for the construction of a walkway. The report further suggested the possibility of acquiring the ultimate right of way and constructing the street in~rovements consisting of curb, gutter and paving along with the walkway in conjunction with the Orange Avenue irmprovement project, which will provide four lanes of traffic from the east City ltm~ts tO the west City limits through this area, A further Yepor~.will he p~ented . after the~udy has been Completed, the costs of the vaTious alternative have been determined and the negotiations with ~he p~operty owners completed, It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to accept the status report from the Public Works Director on the pro- posed walkway on the north side of Orange Avenue, west of Walker Street. Councilman Harvey requested the Staff to investigate the traffic hazard to pedestrians which has been created by vehicles parking on the south side of Orange Avenue between Holder and Valley View Street, which results in pedestrians being required to walk in the traveled right of way. The Public Works Director indicated that the major problem of vehicles parking on Orange Avenue was observed during school registration and this problem has not been observed since that time. General discussion was held relative to the possibility of installing "No Parking" signs on the south side of Orange Avenue, following which it was generally agreed that the City Staff would proceed to make a study of this area. CONSIDERATION OF REQUEST FOR EXTENSION OF BID DATE FOR TRAFFIC SIGNAL CONTROL ON WALKER STREET PROJECT NO. 6903-10-0467: The City Manager presented a report dated October 23, 1969 from the Public Works Di rector requesting authorization to ex- tend the date for receiving bids on the traffic signal controllers on the Walker Street project due to delays which have been encountered in completing negotia- tions for acquisition of right of way for the Walker Street project. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the extension of the date for receiving bids on the traffic signal controllBrs on the Walker Street Project and to authorize the City Manager to establish the bid date after right of way acquisition is confirmed. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF REQUEST FOR EXTENSION OF TIME FOR COMPLETION OF TRAFFIC SIGNALS INSTALLATION AT BALL ROAD AND BLOOMFIELD STREET: The City Manager presented a report dated October 22, 1969 from the Public Works Director reviewing a request for extending the time for completion of the traffic signal installation at Ball and Bloomfield Street to January 9, 1970 from E. D. Johnson, the electrical con- tractor. This request is based on the unavtlability of control equipment. It was moved by Councilman Noe and seconded by Councilman Bowen to grant an ex- tension of time to January 9, 1970 for the purpose of completing the traffic sig- nal installation at the intersection of Ball Road and Bloomfield Street. The motion was unanimously carried by the following roll call vote: - 11 - City Council Minutes October 27, 1969 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF APPROVAL OF HIGHWAY EASEMENT AND C.ONSTRUCTION AND MAINTENANCE AGREEMENT WITH SOUTHERN PACIFIC COMPANY FOR IMPROVEMENT OF WALKER STREET FROM CERRITOS TO KATELLA, CITY PROJECT 6903-10-0467: The City Manager presented a report dated October 22, 1969 from the Public Works Director requesting approval of an Agreement with Southern Pacific Company which provides for the grunting of a highway easement across the Southern Pacific Railroad tracks at Walker Street, and outlines the sharing of costs for the installation of the grade crossing pro- tection devices° It was moved by Councilmun Bowen and seconded by Councilman Noe to approve the Highway Easement and Construction and Maintenance Agreement with the Southern Pacific Company 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: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF APPROVAL OF REPAIRS TO DRAINAGE DITCH ON KATELLA.AVENUE~ CITY PROJECT NO. 7023-20-0000: The City Manager presented a report dated October 22, 1969 from the Public Works Director reviewing the problems of erosion which have occurred on the bank of the drainage ditch on Katella Avenue in front of the Los Alamttos Race Track° The report further outlined an agreement whereby the Race Track would construct either an earthen or asphalt berm on the inside of the fence to direct the flow from the parking lot to certain low points, provid- ing the City will provide slope protection on the ditch. The estimated cost of this work, including labor and material is estimated at $1,600. The report further suggested that a more permanent solution which would include guniting of the entire ditch would cost an estimated $40,000 which could be con- sidered as an improvement project in the 1970-71 budget. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the expenditure of $1,600 for the construction of slope protection on the drainage ditch on Katella Avenue, and to further approve consideration of the inclusion of guniting the existing ditch in the 1970-71 budget. 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 CONSIDERATION OF PRELIMINARY REPORT FROM CITY ENGINEER FOR LIGHTING DISTRICT NO. 2 AND OF ESTABLISHING PUBLIC HEARING TO CONSIDER REPORT: The City Manager presented a report dated October 20, 1969 from the Public Works Director trans- mitting three resolutions which are required to fulfill the procedures outlined in the Street and Highways Code for establishing a street lighting system in the City. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE RE- QUIREMENTS OF RESOLUTION NO. 1010 OF SAID CITY COUNCIL. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None - 12 - City Council Minutes October 27, 1969 It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS, TO BE INSTALLED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF ELEVEN (11) YEARE BEGINNING JANUARY 1, 1971, WHICH STREET LIGHTING SYSTEM IS CYPRESS NO. 2 LIGHTING DISTRICT. 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 moved by Councilman Noe and seconded by Councilman Bowen to adopt the following resolution ty title only, title as follows: RESOLUTION NO. 1018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT REFERRED TO IN RESOLUTION OF INTENTION N0. 1017 AND DIRECTING THE CITY CLERK OF SAID CITY OF CYPRESS, CALIFORNIA, TO GIVE NOTICE OF SAID HEARING. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel~ Noe and Kanode None None CONSIDERATION OF ESTABLISHING "NO PARKING" AREA ALONG VALLEY VIEW STREET: The City Manager presented a report dated October 23, 1969 from the City Engineer reviewing a recommendation from the Advisory Traffic Committee to establish a "No Parking" restriction along the east side of Valley View Street from Cypress College entrance to the Railroad Grade Crossing due to the visibility restrictions which are posed by parked vehicles. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING NO PARKING AREAS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF APPROVAL OF SPECIFICATIONS FOR FURNISHING AND PLANTING TREES, CITY PROJECT NO. 7008-90-0000, PHASE II: The City Manager presented a report dated October 20, 1969 from the Public Works Director outlining the necessity to approve specifications to proceed with Phase II of the program of removal and replacement of parkway trees. It was moved by Councilman Bowen and seconded by Councilman Noe to approve the specifications for furnishing and planting trees at various locations within the City with the cost of the work to be charged to the Parkway Contractural Services and Special Departmental Supplies Account at an estimated cost of $6,000 and to authorize the City Clerk to advertise for bids, with bids to be received at 10:00 a.m. on November 19, 1969. The motion was unanimously carried by the following roll call vote: - 13 - City Council Minutes AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: October 27, 1969 Bowen, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF SUBMITTING LETTER OF INTENTION UNDER OMNIBUS CRIME CONTROL BILL: The City Manager presented a report dated October 23, 1969 reviewing the pro- cedures adopted by the California Council on Criminal Justice, which administers the grants provided by the Omnibus Crime Control Bill, whereby a city requesting funds is requested to submit a letter of intention describing the project for which funding is requested. The report further indicated that the P.O.S.To Study of the operation of the Cypress Police Department recommended a consolidation of the departmental policies in a manual form. Chief Savord indicated that a policy manual of this type would be of value to other police departments in the State and that the employment of an experienced technical writer to develop such a manual might be eligible for approval under the provisions of the Omnibus Crime Control Bill. If accepted, the official application would require the City Council to budget sufficient local funds to complete this project which would involve an expenditure of $4,000, or 40% of the actual estimated cost of the project of $10,000. It was moved by Councilman Noe and seconded by Councilman Bowen to concur in the submittal of the letter of intention to the California Council on Criminal Justice for development of an administrative manual for the Police Department. 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 REQUEST TO TESTIFY BEFORE THE ASSEMBLY INTERIM COMMITTEE ON COMMERCE AND PUBLIC UTILITIES: The City Manager presented a report dated October 23, 1969 requesting authorization to attend the hearings before the Assembly Committee on Commerce and Public Utilities to be held in Sacramento on November 20 and 21, 1969 in reference to the problem of airport zoning standards to de- temnine whether or not State legislation is required to provide for the orderly growth of California's air industry. It was moved by Councilman Harvey and seconded by Councilman Noe that the City Manager be authorized to request the Assembly Committee on Commerce and Public Utilities that an opportunity be provided for representatives of the City to testify before the Committee at the scheduled hearings in Sacramento on November 20 and 21, 1969, that Mrs. Sharron Pritchett, 6282 Ferne Avenue, Cypress, be designated as one of the representatives of the City, and that the authorized representatives be reimbursed for their actual and necessary expenses. 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 CONSIDERATION OF REQUEST FOR SPECIAL STUDY ON CONTRACT ZONING: The City Manager presented a report dated October 23, 1969 outlining a request from the Planning Commission for the City Council to authorize the City Attorney to initiate a study regarding the feasibility of using contract zoning as a development tool in the City of Cypress. This would require an analysis of existing zoning laws in the State of California to determine whether or not it could be applied in California municipalities. ' It was moved by Councilman Bowen and seconded by Councilman Noe to authorize the City Attorney to analyze the legality of utilizing contract zoning for private developments in the City of Cypress. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF EMPLOYMENT LIST--POLICE SERGEANT: The City Manager presented a report dated October 23, 1969 reviewing the results of a promotional examination which has been conducted for the position of Police Sergeant. - 14 - City Council Minutes October 27, 1969 It was moved by Councilman Kanel and seconded by Councilman Bowen to approve the employment list for Police Sergeant 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 Kanode None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 22448 THROUGH 22481: It was moved by Councilman Noe and seconded by Councilman Bowen to approve the Commercial Warrant List for Warrants No. 22448 through 22481 in the amount of $77,452.17o 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 ORAL COMMUNICATIONS: Mrs° Sharron Pritchett, 6282 Ferne Avenue, Cypress, addressed the Council reviewing the status of the petitions which are being circulated in opposition to the ex- pansion program of the Los Alamitos Naval Air Station. Mayor Kanode reviewed the Program for Beautification Day on Saturday, November 8, 1969. He also presented a communication from Mr. A. G. Anderson, 9761 Lee Drive, Cypress requesting that action be taken to correct the condition of the curb de- pression adjacent to his property. The City Manager advised that the Public Works Department is currently in the process of preparing a list of properties throughout the City on which this con- dition exists and this property could be added to that list. Mrs. Sharron Pritchett, 6282 Ferne Avenue, Cypress addressed the Council advising of a problem which has been created adjacent to the Baroldi property on Cerritos Avenue due to shrubbery blocking the view of traffic. The City Manager stated that the City would advise the property owner of this condition and request that the condition be resolved. The Mayor presented a cor~nunication from Mike Hull thanking the City Council for appointing him as the City representative to the Governor's Conference onTraffic Safety° EXECUTIVE SESSION: It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to go into an Executive Session at 11:27 p.m. for the purpose of dis- cussing pending litigation with M & M Pipeline. The meeting was called back to order at 11:47 p~m., with all City Councilmen present. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried, to adJourn the meeting at 11:48 p.m. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS - 15 -