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Minutes 69-11-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 10, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, November 10, 1969, in the City Council Chaun~.ers, 5275 Orange Avenue, Cypress, California, Mayor Pro tam John Kanel presiding. PRESENT: Councilmen Bowen, Kanel and Noe ABSENT: Councilman Harvey and Mayor Kanode Also present ware City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson and the following members of the City Staff: Davenport, Dunlap, Grissom, Poertner, Putnam and Schatzeder. MINUTES: It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried the Minutes of the meeting of Octover 14, 1969 be approved as mailed. Councilman Noe requested that the second to the last paragraph on page 8 of the Minutes of October 27, 1969 be corrected to read as follows: "The City Manager read in full a comunication dated October 27,1969 from Mr. Glenn R. Watson, representing Mr. Albert Hyatt, which challenges the legality of the conditions imposed by the City Council on the modification of Conditional Use Permit No. 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 Councilman Bowen, seconded by CounCilman Noe and: unanimously carried the Minutes of October 2~, 1969 be approved as corrected. The city Manager requested that those City Councilmen wishin8 to attend the Congress of Cities meeting in San Diego notify his office by November 13, 1969. The City Manager advised that the Joint meeting with the Cypress College officials has been confirmed for November 24, 1969 at the College. The City Manager indicated that he has received a request to proclaim the week of November 9-13, 1969 as "A Week of National Unity." It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to place this matter on the agenda for consideration as Item No. 15 a. The City Manager presented a request from the Planning Commission for the adop- tion of an Urgency Ordinance prohibiting roof signs. It was moved by Councilman Bowen, seconded by Councilmm~ Kanel and unanimously carried to place this matter on the aMends for consideration as Item No. 15 b. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowart and unanimously carried to place consideration of the Final Map for Tract No. 6877 on the ageride for consideration as Item No. 15 .c. It was moved by Councilman BoWen, seconded by Councilman Noe and unanimously carried to place consideration of an Agreement between the City and Almira~ Homes, Inc. for dedication of a park site on the agenda for consideration as Item No. 15 b(1). PRESENTATION OF CYPRESS PARK AND RECREATION DISTRICT GENERAL PLAN: Mr. Charles Bryant, Director of the Cypress Park and Recreation District, introduce~ Mr. Gaylin Sullivan of Recreation Land Planners, 5992 Ridgeway, Yorba Linda, Cali- fornia, who presented and reviewed the preliminary copy of the study which has been conducted by his firm for park land acquisition and development within the City. In response to an inquiry from Councilman Kanel, Mr. Sullivan advised that this study did not investigate the methods of financing the reconnnendations. City Council Minutes November 10, 1969 General discussion was held in regard to the priorities for development, the proposed location for the park sites and the time schedule involved in develop- ing the park sites° The City Manager indicated that the City Staff would work closely with the study prepared by Recreation Land Planners in completing its study regarding needed park facilities and methods of financing these facilities. He further indicated the importance of utilizing this study as a guideline for location of park and recreational facilities in the general rather than specific areas indicated in the study. Mr. Sullivan indicated that the completed study would be available within the next month and he would present it to the Council at that time. General discussion was held relative to the proposed use of the sump area as a recreational area, following which the City Manager indicated that the sump area is under the jurisdiction of the City and that the only authority the Flood Con- trol District has in connection with this area is for flood control purposes. The Mayor Pro tem thanked Mr. Bryant and Mr. Sullivan for the presentation. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to proceed to Items 6 through 9 at this time. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: BOARD MINUTES OF MEETING OF OCTOBER 16, 1~69: The City Manager reviewed a communication dated October 17, 1969 from Mr. Jack N. Kimball, District Manager of the Orange County Mosquito Abatement District transmitting a copy of the Minutes of the Board of Trustees' meeting held October 16, 1969. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried this communication be received and filed. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: APPLICATION FOR PERSON-TO-PERSON TRANSFER OF ON-SALE BEER LICENSE AT J.B.~S BEER BAR (LEAL): The City Manager reviewed notification from the Department of Alcoholic Beverage Control of an application for a person-to-person transfer of an on-sale beer license at J.B.'s Beer Bar, 6395 Ball Read, Cypress, from Gunnel R. Leal and John B. Leal to Gunnel R. Leal. The Police Department has conducted an investi- gation of the applicant and finds no cause to protest this application. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried this notification be received and filed. COMMUNICATION FROM ATTORNEY JACK LINCOLN RE: PROPOSED DEVELOPMENT BY T & C HOMES ON HOLDER STREET: The City Manager presented a communication dated October 30, 1969 from the law offices of Jack Lincoln concerning the proposed development of T & C Homes on Holder Street in the City of Cypress, which was the subject of previous City Council action. The City Attorney has reviewed the commUnication and has advised that the City Council has no Jurisdiction in this matter, which is an issue which must be resolved by the private parties involved. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried this communication be received and filed. COMMUNICATION FROM TUBERCULOSIS AND RESPIRATORY DISEASE ASSQCIATION OF ORANGE COUNTY RE: "CHRISTMAS SEAL WEEK": The City Manager reviewed a communication dated November 1, 1969 from Dr. David Geddes, President of the Tuberculosis and Respiratory Association of Orange County, requesting the City Council to declare the week of December 7-13, 1969 as "Christmas Seal Week" in the City of Cypress. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to proclaim December 7-13, 1969 as "Christmas Seal Week" in the City of Cypress. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to proceed to Items 13 through 15 at this time. - 2 - City Council Minutes November 10, 1969 CONSIDERATION OF APPROVAL OF EMPLOYMENT LIST--BUILDING INSPECTOR: The City Manager presented a report dated November 10, 1969 reviewing the results of an open competitive examination which has been conducted for the position of building inspector. It was moved by Councilman Bowen, seconded by Councilman Noe and u~animously carried to certify the employment list for building inspector as submitted, CONSIDERATION OF APPROVAL OF EMPLOYMENT LIST--POLICE DISPATCHER: The City Manager presented a report dated November 10, 1969, reviewing the results of an open competitive examination which has been conducted for the position of police dispatcher. It was moved by Councilman Bowen, seconded by COuncilman Noe and unanimously carried to certify the employment list for police dispatcher~ as Submitted. CONSIDERATION .OF APPROVAL ~F COMMERCIAL WARRANT LIST FOR WARRANTS NO. 22482 THROUGH 22628: It Was moved by Councilman Noe and seconded by Councilman Bowan to approve the CommerCial Warrant List for Warrants No. 22482 through 22628 in the total auu3unt of $127,934.41. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 2 COUNCILMEN: Bowen, Kanel and Noe None Harvey and Kenode RECESS: It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to recess at 5:20 p.m. uOtil 7:30 p.m. that evening. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m., with the following in attendance: PRESENT: Councilmen Bowen, Kanel, Noe and Kenode ABSENT: Council~en Harvey Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson and the following members of theCity Staff: Dunlap, Grissom, Nudson, Poertner, Putnam, Savord and Schatzeder. The Mayor welcomed Girl Scout Caderrs Troop 1656 to the City Council meeting. PLEDGE OF ALLEGIANCE: Miss Becky Moore of Cypress Girl. Scou~ Caderrs Troop 1656 led the City Council and audience in the Pledge of Allegiance. CONSIDERATION OF AWARD OF CONTRACT FOR IMPROVEMENTS TO CAROB STREET NORTH OF CRESCENT, THE ALLEY SOUTH OF LINCOLN AVENUE FROM WALKER TO WATSON AND DENNI STREET SOUTH OF ORANGE AVENUE: The City Manager presented a report dated November 6, 1969outlining the results of a bid opening conducted on November 5, 1969 for the improvement of Carob Street north of Crescent Avenue, the im- provement of the alley south of Lincoln Avenue from Walker Street to Watson Street and the improvement of Denni Street south of Orange Avenue. The report indicated that of four bids received for each Project, R. J. Noble Company sub- mitted the lowest and best bids for Unit A--Carob Street Improvement, in the amount of $3,690.20, which is approximately 23% above the Engineer's Estimate, and for Unit B--Improvement of the alley south of Lincoln from Walker to Watson, in the amount of $6,843.40, which is approximately 52.1% above the Engineer's estimte. Industrial Contracting submitted the lowest bid for the improvement of Denni Street south of Orange Avenue in the amount of $11,685.00, whtch is approximately 11.3% over the Engineer's estimate. It was moved by Councilman Kanel and seconded by Councilman Bowen to 'determine that the lowest and best' respdneible bidder forUnitl"A,'' Carob Street Pro- ]ect, and for Unit "B," the alley south of LinColn Avenue, is E., J. NobIe Company and to approve award of contract for Unit "A" - 3- City Council Minutes November 10, 1969 and Unit "B" to R. J. Noble Company, P.O. Box 620, Orange, California in the amount of $3,690.20 for Unit "A" and $6,843.40 for Unit "B."' The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey It was moved by Councilman Kanel and seconded by Councilman Noe to determine that the lowest and best responsible bidder for Unit "C," Denni Street south of Orange Avenue, is Industrial Contracting and to approve award of contract for this pro- Ject in the amount of $11,685.00 to Industrial Contracting, 8210 Monroe Avenue, Stanton, California~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey It was moved by Councilman Bowen and seconded by Councilman Noe to authorize the appropriation of $700.00 from the Reserve for Capital Improvements to Carob Street Project No. 7005-10-0000. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey ORAL COMMUNICATIONS: There were no oral comunications presented at this time. Since Item No. 2 was a Public Hearing scheduled for 8:00 p.m., it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to proceed to Item No. 10 and continue until 8:00 p.m. CONSIDERATION OF P.OoS.T. ANALYSIS OF CYPRESS POLICE DE.PARTMENT AND POSSIBLE POLICE DEPARTMENT CONSOLIDATION: The City Manager presented a report dated November 6, 1969 reviewing Phase I and Phase II of the Study conducted in the Cities of Cypress, La Palma and Los Alamitos by the Comanission on Peace Officer Standards and Training. Phase I of the Study analyzed each City's Police De- partment's operations individually, with the report and recommendations made available only to the affected City; and Phase II analyzed the advantages which would be afforded by the consolidation of the Police Departments of the three conmunities. The City Manager stated that both he and the Police Chief concur that sub- stantial savings could be realized by all three communities under a consolidated operation. Councilmen Bowen and Kanel expressed their concurrence in the recommendations presented in the Study; however, Councilman Kanel stated that he would prefer the Council to take action on this matter when all members are present. It was moved by Councilman Kanel and seconded by Councilman Noe to continue consideration of the P.O.S.T. Analysis of the Cypress Police Department and the Police Department Consolidation until the regular City Council meeting of November 24, 1969. In answer to an inquiry from Councilman Kanel, the City Manager advised that the Study would be presented to the City Councils of the other two Cities affected in the near future. Councilman Kanel's motion for continuance was then unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey -4- November 10, 1969 City Council Minutes CONSIDERATION OF INITIATION OF ANNEXATION NO. 69-5 AT THE SOUTHEAST CORNER OF MOODY AND CRESCENT: The City Manager presented a report dated November 6, 1969 reviewing the scope of a proposed annexation which has been requested by the property owner at the southeast comer of Moody and Crescent, and the necessity to include in this annexation the property owned by the Cypress Elementary School District now developed as the King Elementary School, and the small triangular piece of property owned by Four Comers Pipeline Company and the Southern Pacific Company right of way. The City Manager indicated that the Planning Co~nission recommended that the City Council proceed with this annexation. He further indicated that an attempt will be made to obtain letters of consent from all property owners affected by this annexation to be presented at the hearing before the Local Agency Formation Commission, which would avoid lengthy public hearing proceedings. Councilman Noe stated for the record that as a member of the Local Agency Formation Commission he would not take part in the discussion and would abstain from voting on this matter. The Planning Director advised that the Planning Commission determined that since the Cypress Police Department is required to go through this area in orderto patrol the northern part of the City, it was felt that this area was in the ultimate sphere of influence of the City. It was moved by Councilman Bowen and seconded by Councilman Kanel to authorize the City Manager to file an annexation proposal entitled "Annexation No. 69-5" for submittal to the Local Agency Formation Con~nission. The motion was unani- mously carried by the following roll call vote: AYES: 3 COUNCILMEN: Bowen, Kanel and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey ABSTAINED: 1 COUNCILMEN: Noe CONSIDERATION OF INITIATION OF ANNEXATION NO. 69-6 ON THE NORTH AND SOUTH SIDES OF LINCOLN AVENUE WEST OF MOODY STREET: The City Manager presented a report dated November 6, 1969 reviewing a proposal to annex an inhabited unincorporated area between Moody Street and Sumner Place and Merten and Camp Streets. The City Manager advised that the Planning Commission considered this matter at its meeting of November 6, 1969 and recommended that the City Council proceed with this annexation. The City Manager advised that an 8.9 acre parcel of property had originally been proposed to be omitted from the annexation proposal due to the fact that the owner of this property had previously indicated his opposition to being annexed to the City; however, the Planning Commission had recommended its in- clusion. In response to an inquiry from Councilman Kanel, the City Manager advised that the total land assessed valuation of the entire annexation proposal is $284,530 and the total assessed valuation of the properties contained on the petition requesting annexation is $116,000. Based upon these figures, an additional $26,000 assessed valuation will be required in order to avoid a majority protest. The City Manager reviewed the procedures to be followed in this annexation since it involves inhabited area. Councilman Noe stated that since he is a member of the Local Agency Formation Commission, he would request the record to reflect that he did not participate in any of the discussions and abstained from voting in reference to this matter. It was moved by Councilman Bowen and seconded by Councilman Kanelto authorize the City Manager to file an annexation proposal entitled "Annexation No. 69-6" for submittal to the Local Agency Formation Commission. The motion was unani- mously carried by the following roll call vote: AYES: 3 COUNCILMEN: Bowen, Kanel and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey ABSTAINED: 1 COUNCILMEN: Noe -5- '~ty Council Minutes November 10, 1969 CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE RELATING TO CONDITIONAL USE PERMITS FOR EXTRACTION OF MINERALS: The Mayor announced this was the time and place for the 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 report. The City Manager read into the record of the Public Hearing a report dated November 6, 1969 requesting that this matter be continued until the regular meeting of November 24, 1969 to allow the City Attorney additional time to finalize the preparation of the appropriate Ordinance. It was moved by Councilman Noe and seconded by Councilman Bowen to continue the Public Hearing to consider an amendment to the Zoning Ordinance relating to Conditional Use Permits for mineral extraction to the regular City Council meet- ing of November 24, 1969o The motion was unanimously carried by the following roll call vote: AYES: 4 CO~/NCILMEN: Bowen, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT--REAGENT ENTERPRISES, INC.: The Mayor announced this was the time and place for the Continuation of Public Hearing to consider 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 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 November 6, 1969 indicating that the affidavit of posting of the Notice of Continuation of the Public Hearing is on file in the office of the City Clerk and no communications have been received in reference to this matter, except a supplemental report submitted by Police Chief Savord. The report further reviewed the factors to be considered by the City Council in making a deter- mination as to whether the proposed permit would comport with the peace, health, safety, convenience, good morals and general welfare of the public, and whether the applicant or other persons in charge of the operation are fit to be trusted with the privileges granted by the Special Permit. Police Chief Savord reviewed his supplemental report dated November 5, 1969 which summarized investigations which were conducted as a result of the inadequacy of the answers furnished to the City Council at the Public Hearing held on October 27, 1969. Based upon further investigations conducted into the background of the company representative from Reagent Enterprises and the lack of sufficient information regarding the operation of the firm itself, the Police Department recommended denial of the Special Permit. The City Manager advised that the representatives of Reagent Enterprises were invited by letter to attend this City Council meeting. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the requested Special Permit. It was noted that no representative from Reagent Enterprises, Inc. was present in the audience. 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 deny the Special Permit requested by Mrs. Lee McKern on behalf of Reagent Enterprises, Inc. to solicit contracts for termite treating in the City of Cypress based on a determination that this permit would not comport with the peace, health, safety, good morals and general welfare of the public. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey - 6 - City Council Minutes November 10, 1969 PUBLIC HEARING RE: VACATION OF PR~IONS OF ALLEY SOUTH OF ORANGE AVENUE EAST OF VALLEY VIEW AND PORTIONS OF MARGARET STREET IN TRACT NO. 4377: The Mayor announced this was the time and place for the Public Hearing to consider the Vacation of Portions of the Alley south of Orange Avenue, east 6f Valley View in Tract No. 4377 and Portions of Margaret Street in Tract No. 4377. 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 November 6, 1969 indicating that the affidavits of publication and posting of the Public Hearing notices on this vacation are on file in the office of the City Clerk and no written communications either in favor of or in opposition to the vacation have been received. The Public Works Director presented a report dated November 4, 1969 reviewing the purpose of the proposed vacation and advising that the Planning Commission determined that the vacation was in conformance with the General Plan. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed vacation. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. ' It was moved by CouncilmanNoe and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING PORTIONS OF THE ALLEY SOUTH OF ORANGE AVENUE, EAST OF VALLEY VIEW STREET IN TRACT #4377 AND, PORTIONS OF MARGARET STREET IN TRACT #4377. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey PUBLIC HEARING RE: APPROVAL OF ASSESSMENTS FOR WEED AND RUBBISH ABATEMENT OF S~ASONAL AND RECURRING WEEDS, PHASE II: The Mayor announced this was the time and place for the Public Hearing to consider assessments for Weed and Rubbish Abatement of Seasonal and Recurring weeds, Phase II of the Weed Abatement Program. 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 November 6, 1969 indicating that the affidavit of posting of the Public Hearing notice on the costs of abatement is on file in the office of the City Clerk and no written conmuntcations either in favor of or in opposition to these assess- ments have been received. The Public Works Director read into the record of the Public Hearing a report dated October 30, 1969 transmitting a proposed Resolution and attached Ex- hibit "A" showing the charges for the work performed on each parcel of property. The report further indicated that all parcels have been inspected and accepted by the Senior Public Works Inspector as being completed in accordance with the specifications for the work. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the assessments. 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 accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications. The motion was unanimously carried by the following roll call vote: - 7- AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF SEASONAL AND RECURRENT WEEDS GROWING UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY OF CYPRESS, AND IMPOSING SPECIAL ASSESSMENTS AS LIEN ON PARCELS WITHIN THE CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kenode NOES: O COUNCILMEN: None ABSENT: 1 ~OUNCILMEN: Harvey CONSIDERATION OF A RESOLUTION PROCLAIMING A WEEK OF NATIgNAL UNITY: The City Manager reviewed a request from Mrs. 3san Smith to declare the week of November 9-16, 1969 as a "Week of National Unity." It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1022 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF · CYPRESS DECLARING THE WEEK OF NOVEMEER 9 THROUGH NOVEMBER 16, 1969 AS A "WEEK OF NATIONAL UNITY." The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kenel, Noe and Kenode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF URGENCY ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE RELATING TO ROOFLINES AND ROOF SIGNS: The City Manager reviewed a recommendation from the Planning Commission for the adoption of an Urgency Ordinance to prohibit roof signs and signs extending above the parapet of a roof and to require that where pitched roofs exist, the signs shall be located below the saves. These recormnendations were prompted by pending commercial developments within the community. In response to an inquiry from Councilman Bowen relative to the urgency of adopting this Ordinance, the Planning Director reviewed the possibility of roof signs being installed at the shopping center at Ball Road and Bloomfield Street which if allowed would not conformwith the architectural design of the center. He further advised that the Planning Department is studyinS a contem- plated proposal for the construction and maintenance of signs within the City with respect to the height and placement of signs attached to buildings and this ordinance is proposed as an interim measure only. Councilman Noe stated that he did not feel the provisions of the current Sign Ordinance were of a nature that should require the adoption of an Urgency Ordinance. The Planning Director further outlined a problem which could develop in the construction of roof signs at the Ball and Bloomfield shopping center, follow- ing which the City Manager read the proposed Urgency Ordinance in full. It was moved by Councilman Kanel and seconded by Co~mcilman Bowen to read the following Ordinance by title only. The motion was unanimously carried by the followinS roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kenode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey -8- City Council Minutes November 10, 1969 Title of the Ordinance is as follows: ORDINANCE NO. 419 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 23-17 OF CHAPTER 23 OFTHE CYPRESS CITY CODE, RELATING TO ROOFLINES AND ROOF SIGNS. It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt the above Ordinance. Prior to voting on this matter, Councilman Noe expressed his concern over an Urgency Ordinance being placed on the agenda and the City Council having no opportunity to review it prior to taking action on it. The City Manager indicated that this problem came to the attention of the Plan- ning Commission at its last meeting and the Commission had requested that the Ordinance be adopted as an interim measure to allow further study by the Planning Department. He further indicated that the matter of urgency in this matter is the protection of the rights of others who mightbe affected by the construction of this type of sign. Councilman Kanel stated that he would concur in the statements made by Council- man Noe; however, in cases where it is necessary to protect a certain area and to allow further studies regarding this matter, he felt it was important for the City Council to take the necessary action. Councilman Bowen also indicated that he is not in favor of adopting Urgency Ordinances, but feels that it is necessary in some instances. In response to a question from Councilman Noe, the City Manager stated that he and the Planning Director would concur in the recommendation of the Planning Con~nisston that this matter is of sufficient urgency to warrant the adoption of an Urgency Ordinance. Mayor Kanode stated that although he is opposed to the adoption of Urgency Ordinances, he feels this Ordinance is necessary to safeguard the aesthetic values of the Ball and Bloomfield shopping center as wellas of the entire co~m~unity. Councilman Kanel's motion was then unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Kanel, Noe and Kanode None Harvey CONSIDERATION OF AGREEMENT FOR DEDICATION OF PARK SITE--TRACT 6877 (ALMIRAHOMES): The Public Works Director reviewed the contents of a proposed Agreement between the City and the developer of Tract 6877 providing for the developer to record the final maps for Tracts 6877 and 6878 prior to the development of the park site which was required as a condition of approval of the Tentative Map for these Tracts, and further guaranteeing development of the park site prior to the recordation of the final map for Tract 6823. He further advised that the Developer has submitted a bond to guarantee development of the park site in the event Final Tract No. 6823 is not developed. The bond and form of the agreement were approved by the City Attorney. It was moved by Councilman Bowen and seconded by Councilman Noe to approve the Agreement between the City of Cypress and Almira Homes, Inc., for the dedication of the park site shown on the Tentative Tract Map for Tract No. 6823. The n~tion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kanode NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF APPROVAL OF FINAL TRACT MAP NO. 6877 (LARWIN COMPANY): The City Manager presented Final Tract Map No. 6877, located on the south side of Orange- wood Avenue approximately 300 feet east of Valley View Street, consisting of 13,278 -9- Council Minutes November 10, 1969 acres, 78 R-1 lots, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Public Works Director presented a report dated November 10, 1969 indicating that Tract 6877 is the first unit of development of Tentative Tract No. 6823 and that the final tract ~p agrees substantially with the tentative map and has been found to be technically correct by the Engineering Division, and recormn~nding approval of the Final Map, subject to the completion of certain requirements. It was moved by Councilman Bowen and seconded by Councilman Noe to approve Final Tract Map No. 6877, to adcept the bonds and agree~nts for public im- provements in the amount of $152,250.00, which is not less than 50% nor more than 100% of the total improvements, to authorize the Mayor and City Clerk to sign the Agreements and to authorize the City Clerk to sign the record map upon completion of the following requirements: 1. Approval of bonds and agreements by City Attorney. 2. Completion of corrections required for improvement plans. 3. Compliance with Condition No. 17 of Tentative Tract Map No. 6823, subject to approval by City Attorney. 4. Agreement to above conditions by the Developer. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey ORAL COMMUNICATIONS: Mr. Bruce Smith, 10272 Mardel Drive, Cypress, addressed the Council indicating his concern over the action recently taken by the Manager of the Cypress Park and Recreation District in requesting the Orange County Board of Supervisors to borrow $350,000 to initiate a building program inthe Park and Recreation District. His concern was based on the fact that the Council had previously indicated its intention to undertake a building program. He further expressed concern as to the effect such funds would have on the City's withdrawal from the Cypress Park and Recreation District, and requested the City Council to go on record opposing any action by the Board of Supervisors on this matter. The City Manager indicated that a meeting had been held with the Director and Manager of the Park and Recreation District and it was generally agreed that it would be advantageous to all parties if the Board of Supervisors withheld any action on this matter. Therefore, a letter has been transmitted to the Board requesting them to withhold any action on this matter. Mr. Charles Bryant, Director of the Cypress Park and Recreation District, addressed the Council stating that the Board of Supervisors has been requested to continue consideration of this matter indefinitely. Mr. E. K. Cooper, 4721 Newman Avenue, Cypress addressed the Council requesting that consideration be given to the installation of a walkway for school children on the north side of Orange Avenue west of Moody Street. The City Manager advised that the City Council has previously authorized the construction of a sidewalk in this area, and thSt bids should be obtained in the near future for construction of this sidewalk. EXECUTIVE SESSION: It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried to go into an executive session at 9:14 p.m. for the purpose of discussing pending litigation. The meeting was called back to order at 10:37 p.m., all' Councilmen present with the exception of Councilman Harvey. - 10 - City Council Minutes November 10, 1969 ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Com~cilman Kanel and unanimously carried to adjourn at 10:37 p.m. MAYOR OF M CITY OF CYPRESS ATTEST: - 11 -