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Minutes 69-11-24MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 24, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday November 24, 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 It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to approve the Minutes of November 10, 1969 as mailed. MAYOR KANODE ARRIVED AT 4:03 P~Mo, TOOK HIS PLACE ON THE PODIUM AND PRESIDED OVER THE REMAINDER OF THE MEETING. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to adjourn the meeting at 4:05 pom. to Cypress College Fine Arts Building for the conduct of a joint meeting with the College Administrative Staff. The meeting was called back to order in the Fine Arts Building of the Cypress College at 4:25 p~m~, with all City Councilmen present and with Mayor Kanode presiding. Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and the following members of the City Staff: Dunlap, Grissom, Poertne~, Putnam, Savord and Schatzeder~ The following members of the Cypress College Staff also were in attendance: President Dan Walker, Dean of Instruction Lyndon Taylor, Assistant Dean of Instruction Carl Ehmann, Dean of Student Personnel Services Donald Bedard, Assistant Dean for Admissions Alfred Root, Administ~ative Assistant for Busi- ness Elma Clamp, Academic Senate President Ronald Fraese, Director of Community Services Rex Starbeck and Head Librarian Chester Dalton. Dr~ Walker reviewed problems which have been encountered on Valley View Street in making left hand turns into the College parking lot and inquired into the possibility of installing a left-turn pocket and traffic signal at this entrance to the College~ The Public Works Director indicated that preliminary plans have been prepared for widening the west side of Valley View and reviewed problems which have been encountered in acquiring the necessary right of way to complete this project. General discussion was held regarding the desirability of installing a traffic signal at the Valley View entrance to the College. Discussion also ensued in regard to the hazard which is created for pedestrians on Orange Avenue near Juanira Street due to the narrow width of the street~ Councilman Harvey stated that irmnediate attention should be given to the problem on Orange and Juanita due to the proposed residential developments in this area which will generate more pedestrian traffic° It was generally agreed that a program to resolve the traffic hazards on Orange and Juanita would be placed on the City Council agenda for discussion and that a solution to rerouting the college traffic at the south entrance onto Orange and Juanira would be discussed at the next Advisory Traffic Committee meeting~ General discussion was held regarding the general traffic enforcement program on the campus with Chief Savord reviewing the major violations which occur and the problems encountered by the Police Department in providing sufficient personnel to patrol the campus. Dr. Walker reviewed the proposed summer swimming recreation program to be offered by Cypress College in conjunction with an agreement with the Cypress Park and Recreation District and general discussion was held relative to the availability of the pool for adult groups~ City Council Minutes November 24, 1969 Assistant Dean for Admissions Alfred Root presented a statistical report on enrollment dated October 15, 1969, for the Fall Semester at Cypress College. General discussion was held regarding the various functions and activities of the College, with each College Staff member outlining his specific area of concern. Discussion included the proposed plans for expanding the facilities of the College, the various educational programs which are available to students, the operation and purpose of the library and student guidance center, and the cor~nunity services programs which pertain to the entire community as well as to the students. Dr. Walker, as Chairman of the Anaheim Union High School District bond override. proposal presented a copy of a proposed Resolution supporting and endorsing the bond and tax override proposals of the Board of Trustees of the Anaheim Union High School District, and requested that this Resolution be placed on the City Council agenda for official action~ RECESS: It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to recess at 6:45 p.m. to 7:30 p.m. that evening. CALL TO ORDER: The meeting was called 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, Assistant City Attorney Leonard Hampel and the following members of the City Staff: Dunlap, Grissom, Nudson, Poertner, Putnam, Savord and Schatzeder. EXECUTIVE SESSION: Upon the request of the City Attorney, it was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to go into an Executive Session at 7:31 p.m. to discuss pending litigation. The meeting was called back to order at 7:55 p.m., with all City Councilmen present. CONSIDERATION OF AWARD OF CONTRACT FOR FURNISHING AND PLANTING STREET TREES, PROJECT NOo 7008-90, PHASE II: The City Manager presented a report dated November 20, 1969 from the Public Works Director reviewing the results of a bid opening held on November 19, 1969 for the furnishing and planting of street trees. The report indicated that four bids were received and that two identical low bids were received in the amount of $5,900 from Big Seven Nursery of Lawndale and County Wide Landscaping of Garden Grove. Since no qualifications on the low bids were submitted, an attempt will be made by the Public Works Department to determine the best responsible bidder by obtaining information concerning the scope of their operations, recent Jobs completed, references from other agencies and an inspection of the trees to be furnished. Additional time will be required to obtain this information. It was moved by Councilman Noe and seconded by Councilman Bowen to postpone consideration of award of contract for furnishing and planting of street trees for Project No. 7008-90, Phase II until the regular City Council meeting of December 8, 1969. In response to inquiries from Councilman Harvey, the Public Works Director advised that both bidders have been contacted in regard to this matter and re- quested to supply additional information. He further indicated that the general provisions provide for the work to be guaranteed for one year, which would cover replacement of any trees during that time. Councilman Noe'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 -2 - City Council Minutes ORAL COMMUNICATIONS: November 24, 1969 Since it was 8:00 pom, and Public Hearings were scheduled for this time, the Mayor stated that "Oral Communications" would be received following the Public Hearings. CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE RELATING TO CONDITIONAL USE PERMITS FOR EXTRACTION OF MINERALsRESOURCES: The Mayor announced this was the time and place for the Continuation 0f Pu~lic 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 presented a report dated November 20, 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 the matter, The report further indicated that the City Attorney was not able to finalize his review of the proposed Ordinance on this matter and requested that the Public Hearing be continued° It was moved by Councilman Harvey and seconded by Councilman Kanel to continue the Public Hearing to consider an amendment to the Zoning Ordinance Relating to Conditional Use Permits for Extraction of Minerals to the City Council meeting of December 8, 1969, at 8:00 p.m. 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 PUBLIC HEARING RE: LIGHTING D~STRICT NO..2, 1971 CALENDAR YEAR: The Mayor announced this was the time aBd place for the Public Hearing to consider pro- tests in reference to the installation of, furnishing of electric current for, and maintenance of a street lighting system in an area defined by the City Council and hereafter referred to as "CYPRESS LIGHTING DISTRICT NO. 2." The Mayor declared the Public Hearing open and requested the Staff to present its reports~ The City Manager presented a report dated November 17, 1969 indicating that the affidavits of posting and publication of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications in reference to the Lighting District have been received. The Public Works Director presented a report dated November 19, 1969 transmitting two Resolutions for consideration by the City Council which are required for the establishmentof the 1971 Lighting District. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to this matter. 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 adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY, DATED OCTOBER 27, 1969, PREPARED PURSUANT TO RESOLUTION NO. 1010 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NOo 1016 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE AND ASSESS- MENTS CONTAINED IN SAID REPORT: ORDERING THE INSTALLATION OF THE STREET LIGHTING SYSTEM OF THE CYPRESS NO. 2 LIGHTING DISTRICT: ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM RE- FERRED TO IN RESOLUTION OF INTENTION NO. 1019 AND RESOLUTION APPOINTING THE TIME AND PLACE FOR HEARINGS NO. 1018, ALL IN ACCORD WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." - 3 - City Council Minutes November 24, 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 It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1024 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFOI~NIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT AND ORDERED TO BE INSTALLED BY RESOLUTION NOo 1016 OF SAID COUNCIL, ALL IN ACCORD WITH AND PURSUANT TO THE PRO- VISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None ORAL COMMUNICATIONS: Mr. Howard Neil, 9171 Julie Beth Street, Cypress, California, addressed the Council inquiring into the status of Hyatt Die Cast Company's compliance with the conditions imposed by the City Council, and further inquiring as to whether catering trucks are required to obtain a City Business License. The City Manager advised that catering trucks are required to obtain a City Business License and stated that if the City is advised of the name of the catering firm, it would be glad to verify whether a Business License has been issued° The City Manager further explained that since a number of the items connected with requiring Hyatt Die Cast to comply with the conditions of the Conditional Use Permit involve litigation, the City is limited in what infor- mation it can make available to the public, Councilmen Kanel further expressed the Council's concern with this problem and assured Mr. Nell that the City Council is operating in the best interests of the surrounding property owners in resolving this matter. Mr. Norbert E. Runte, 8751 Sumner Place, Cypress, California addressed the Council stating that in his review of the letter submitted to the City Council requesting annexation of the property located north and south of Lincoln Avenue west of Moody Street in County unincorporated area he noted that several of the persons who signed the letter were not registered voters. For this reason, he stated that he did not think this letter of request was meant to serve as a petition for annexation to be placed on the ballot. He further read in full a petition signed by 45 registered voters opposing the annexation of this property to the City of Cypress. He further indicated that he had been advised that the City was forcing annexation of this property, foregoing the election procedures and expressed his concern over this type of procedure. Mr. Runte then read in full a letter addressed to Governor Reagan from the Islander Homeowners Association expressing its concern over the encroachment by the City of Cypress on the County unincorporated area and over the alleged procedure by the City to annex this property without benefit of an election. At this time, the City Attorney reviewed for Mr. Runte the procedures required to be followed by the City in annexing an inhabited area, which included the requirement that an election be held. He further advised that the letter of request from the property owners in the subject area did not constitute a petition, but served merely to indicate to the City Council the interest by these people in becoming residents of the City of Cypress. -4- City Council Minutes November 24, 1969 The City Manager explained that the City did not originally propose to annex the subject property and meetings with the property owners in the area were held at the request of the property owners. He further indicated that it was only at the request of the property owners that the City had agreed to include the subject area in an annexation proposal to the City. The City Council further expressed concern that such misinformation regarding this annexation is being circulated and indicated the importance of verifying information with informed sources. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: APPOINTMENT OF REPRESENTATIVE TO BOARD OF TRUSTEES: The City Manager reviewed a communi- cation dated November 7, 1969 from Mr. Jack H. Kimball, District Manager of the Orange County Mosquito Abatement District, advising that Councilman John Kanel's term of office as Council representative to the Board of Trustees of the Mosquito Abatement District will expire on December 31, 1969, and requesting the City Council to reappoint Councilman Kanel or a successor for the next two- year term of office ending December 31, 1971. Councilman Kanel indicated that he had enjoyed serving as Council representative to the Orange County Mosquito Abatement Board. It was moved by Councilman Harvey and seconded by Councilman Noe to reappoint Councilman 3ohn Kanel as the City's representative to the Orange County Mosquito Abatement District Board of Trustees for a two-year term of office ending December 31, 1971. The metion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Kanel CONTINUATI.ON OF CONSIDERATIO~ OF P.O.S.T. ANALYSIS OF CYPRESS POLICE. DEPARTMENT AND POSSIBLE POLICE DEPARTMENT CONSOLIDATION: The City Manager indicated that this matter had been continued from the previous City Council meeting so that all Councilmen could be present for discussion and consideration of the matter. He further indicated that the other two Jurisdictions involved in the P.O.S.T. Analysis apparently are opposed to the proposed consolidation of the three departments. The City Manager further advised that the Police Chief has prepared a specific report on the City of Cypress' Police Department implementation of the recommendations. Councilman Harvey stated that he appreciated the fact that the City Council deferred action on this matter in his absence and indicated that although at this time, he favors consolidation, many residents of Cypress have expressed to him their concern over the effect the consolidation of the three departments would have on the effectiveness of the Cypress Police Department and for this reason, he would like additional time to gather the opinions of other citizens in regard to this phase of the study. Councilman Kanel stated that although he would favor consolidation at this time, in view of the feelings of the individual cities towards their police departments, he did not feel that the City Council should go on record in support of consoli- dation at this time, but should hold the matter in abeyance. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to continue consideration of the P.O.S.T. Analysis of the Cypress Police Department and possible police department consolidation until the City Council meeting of December 22, 1969. CONSIDERATION OF APPROVAL OF FINAL TRACT MAP NO. 6878 (LARWIN COMPANY): The City Manager presented the Final Map for Tract No. 6878 generally located on the south side of Orangewood Avenue, approximately 300 feet east of Valley View Street and east of Tract No. 6877, consisting of 86 R-1 lots, 13.942 acres, requested for approval by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. - 5 - City Council Minutes November 24, 1969 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 It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1024 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT AND ORDERED TO BE INSTALLED BY RESOLUTION NOo 1016 OF SAID COUNCIL, ALL IN ACCORD WITH AND PURSUANT TO THE PRO- VISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None ORAL COMMUNICATIONS: Mr. Howard Nell, 9171 Julie Beth Street, Cypress, California, addressed the Council inquiring into the status of Hyatt Die Cast Company's compliance with the conditions imposed by the City Council, and further inquiring as to whether catering trucks are required to obtain a City Business License. The City Manager advised that catering trucks are required to obtain a City Business License and stated that if the City is advised of the name of the catering firm, it would be glad to verify whether a Business License has been issued. The City Manager further explained that since a number of the items connected with requiring Hyatt Die Cast to comply with the conditions of the Conditional Use Permit involve litigation, the City is limited in what infor- mation it can make available to the 'public. Councilmen Kanel further expressed the Council's concern with this problem and assured Mr. Neil that the City Council is operating in the best interests of the surrounding property owners in resolving this matter. Mr. Norbert E. Runte, 8751 Sumner Place, Cypress, California addressed the Council stating that in his review of the letter submitted to the City Council requesting annexation of the property located north and south of Lincoln Avenue west of Moody Street in County unincorporated area he noted that several of the persons who signed the letter were not registered voters. For this reason, he stated that he did not think this letter of request was meant to serve as a petition for annexation to be placed on the ballot. He further read in full a petition signed by 45 registered voters opposing the annexation of this property to the City of Cypress. He further indicated that he had been advised that the City was forcing annexation of this property, foregoing the election procedures and expressed his concern over this type of procedure. Mr. Runte then read in full a letter addressed to Governor Reagan from the Islander Homeowners Association expressing its concern over the encroachment by the City of Cypress on the County unincorporated area and over the alleged procedure by the City to annex this property without benefit of an election. At this time, the City Attorney reviewed for Mr. Runte the procedures required to be followed by the City in annexing an inhabited area, which included the requirement that an election be held. He further advised that the letter of request from the property owners in the subject area d~d not constitute a petition, but served merely to indicate to the City Council the interest by these people in becoming residents of the City of Cypress. -4- City Council Minutes November 24, 1969 The City Manager explained that the City did not originally propose to annex the subject property and meetings with the property owners in the area were held at the request of the property owners. He further indicated that it was only at the request of the property owners that the City had agreed to include the subject area in an annexation proposal to the City. The City Council further expressed concern that such misinformation regarding this annexation is being circulated and indicated the importance of verifying information with informed sources. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: APPOINTMENT OF REPRESENTATIVE TO BOARD OF TRUSTEES: The City Manager reviewed a communi- cation dated November 7, 1969 from Mr. Jack H. Kimball, District Manager of the Orange County Mosquito Abatement District, advising that Councilman John Kanel's term of office as Council representative to the Board of Trustees of the Mosquito Abatement District will expire on December 31, 1969, and requesting the City Council to reappoint Councilman Kanel or a successor for the next two- year term of office ending December 31, 1971. Councilman Kanel indicated that he had enjoyed serving as Council representative to the Orange County Mosquito Abatement Board. It was moved by Councilman Harvey and seconded by Councilman Noe to reappoint Councilman John Kanel as the City's representative to the Orange County Mosquito Abatement District Board of Trustees for a two-year term of office ending December 31, 1971. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Noe and Kenode NOES: O COUNCILMEN: None ABSENT: O COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Kanel CONTINUATION OF CONSIDERATION OF P.O.S.T. ANALYSIS OF CYPRESS POLICE DEPARTMENT AND POSSIBLE POLICE DEPARTMENT CONSOLIDATION: The City Manager indicated that this matter had been continued from the previous City Council meeting so that all Councilmen could be present for discussion and consideration of the matter. He further indicated that the other two Jurisdictions involved in the P.O.S.T. Analysis apparently are opposed to the proposed consolidation of the three departments. The City Manager further advised that the Police Chief has prepared a specific report on the City of Cypress' Police Department implementation of the recommendations. Councilman Harvey stated that he appreciated the fact that the City Council deferred action on this matter in his absence and indicated that although at this time, he favors consolidation, many residents of Cypress have expressed to him their concern over the effect the consolidation of the three departments would have on the effectiveness of the Cypress Police Department and for this reason, he would like additional time to gather the opinions of other citizens in regard to this phase of the study. Councilman Kanel stated that although he would favor consolidation at this time, in view of the feelings of the individual cities towards their police departments, he did not feel that the City Council should go on record in support of consoli- dation at this time, but should hold the matter in abeyance. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to continue consideration of the P.O.S.T. Analysis of the Cypress Police Department and possible police department consolidation until the City Council meeting of December 22, 1969. CONSIDERATION OF APPROVAL OF FINAL TRACT MAP NO. 6878 (LARWIN COMPANY): The City Manager presented the Final Map for Tract No. 6878 generally located on the south side of Orangewood Avenue, approximately 300 feet east of Valley View Street and east of Tract No. 6877, consisting of 86 R-1 lots, 13.942 acres, requested for approval by Larwtn Company, 9300 Wilshire Boulevard, Beverly Hills, California. 5 City Council Minutes November 24, 1969 The Public Works Director reviewed a report dated November 18, 1969 indicating that Tract Noo 6878, which is the second unit of development of Tentative Tract No. 6823, agrees substantially with the Tentative Map and has been found to be technically correct by the Engineering Division° The report further indi- cated that a cash deposit of $500 has been required to guarantee maintenance of the open ditch to intercept drainage from the undeveloped dairy property east of Tract Noo 6878 until such time as the dairy property is developed. It was moved by Councilman Harvey and seconded by Councilman Kanel to approve Final Tract Map No. 6878, accept the bonds and agreements for public improve- ments in the amount of $131,650, 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 com- pletion of the following requirement. 1o Approval of bonds and agreements by the City Attorney. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF APPROVAL OF FINAL TRACT MAP NO. 7044 (LARWIN COMPANY): The City Manager presented the Final Map for Tract No. 7044, generally located on the south side of Orange Avenue, approximately 150 feet east of Valley View Street, consisting of 4 R-1 lots, 1 R-3 lot and Lots "A," "B," and "C," 2.716 acres, requested for approval by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California° The Public Works Director presented a report dated November 19, 1969 indicating that the Final Map for Tract Noo 7044, which is a resubdivtsion over a portion of Tract No. 4377, is in final check and appears to agree substantially with the tentative map, and recomnending approval of the Final Tract Map subject to the completion of certain requirements° It was moved by Councilman Bowen and seconded by Councilman Kanel to approve Final Tract Map No. 7044, accept the bonds and agreements for public improve- ments in the amount of $21,175, 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 com- pletion of the following requirements: Approval of bonds and agreements by City Attorney. 2o Completion of corrections required for improvement plans. 3. Satisfaction of Condition No. 17 pertaining to drainage on Tentative Tract map approval. 4o Agreement to the above conditions by the Developer° The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Kanel, Noe and Kanode Harvey None CONSIDERATION OF ACCEPTANCE OF STORM DRAIN SOUTH OF ORANGE~OpD AVENUN THROUGH THE NAVAL AIR STATION~ CITY PROJECT NO. 6925-20-0000 (LOMAR. CORPO.RATION): The City Manager presented a report dated November 17, 1969 from the Public Works Director advising that the storm drain south of Orangewood Avenue through the Los Alamitos Naval Air Station facility, City Project No. 6925-20-0000, was completed in accordance with the plans and specifications on October 12, 1969 by Lomar Corporation, and recommending acceptanceof this work by the City Council. It was moved by Councilman Harvey and seconded by Councilman Noe to accept as being completed in accordance with the plans and specifications the storm drain south of Orangewood Avenue through the Los Alamitos Naval Air Station, City Project No. 6925-20-0000, as completed by Lomar Corporation, to authorize the -6- Cl~y Douncil Minutes November 24, 1969 City Clerk to release the Labor and Materials bonds and the Finance Director to release the 10% retention at the end of the required lien period, with the Faithful Performance bond to be held for a period of one year from the date of acceptance of the improvement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND AUTHORIZATION TO RELEASE BONDS FOR 2-A-2 STORM DRAIN THROUGH TRACT NOo 5940, PROJECT 6937-20-0000. (~OMAR CORPORATION): The City Manager presented a report dated November 17, 1969 from the Public Works Director advising that the 2-A-2 Storm Drain through Tract No. 5940, City Project Noo 6927-20-0000, was completed in accordance with the plans and specifications on this project by Lomar Corporation on October 12, 1969, and recommending acceptance of this improvement by the City Council. It was moved by Councilman Kanel and seconded by Councilman Harvey to accept as being completed in accordance with the plans and specifications, the con- struction of the 2-A-2 storm drain through Tract Noo 5940, City Project No. 6927-20-0000, by Lomar Corporation, to authorize the City Clerk to release the Labor and Materials bond and the Finance Director to release the 10% retention upon expiration of the required lien period, with the Faithful Performance Bond to be held for a period of one year from the date of acceptance of the improve- mento 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 T~ME FOR COMPLET.ION OF SCHEDULE "f' OF HUD PROJECT NOo WS-6-05-0302, CITY PROJECT 6854-20-0000-7 (HEALY TIBBITTS CONSTRUCTION COMPANY): The City Manager presented a report dated November 17, 1969 from the Public Works Director reviewing a request that has been received from Healy Tibbitts Construction Company for a 61-day extension of time for the completion of installation of Schedule "~' consisting of the addition of the third pump and other appurtenant work at the pump station located on the north side of Ball Road west of Denni Street. This request was necessitated as a result of a strike at the Johnson Pump Company which delayed production for forty days, in addition to the City's rejection of the original right angle gear for the pump° It was moved by Councilman Noe and seconded by Councilman Harvey to approve the request of Healy Tibbitts Construction Company for an extension of time of sixty one days for the completion of installation of Schedule "A" of HUD Pro- Ject NOD WS-6-05-0302, City Project No0 6854-20-0000-7. The motion was unani- mously 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 REQUEST FOR EXTENSION OF TIME FOR COMPLETION OF S.C~EDULE "B" OF HUD PROJECT WS-6-05-0302, CITY PROJECT NOo 6854-20-0000-8' (KoE~Co CONSTRUCTION COMPANY): The City Manager presented a report dated November 17, 1969 from the Public Works Director reviewing a request from LE.Co Construction Company for a fourteen day extension of time for the completion of clean up work on Schedule "B" of HUD Project No. WS-6-05-0302, City Project No. 6854-20-0000-8, which consists of the reinforced concrete channel and box section from Grindlay Street to Denni Street° The request was the result of heavy rains which made it im- possible for equipment to operate in certain areas of the project° It was moved by Councilman Bowen and seconded by Councilman Kanel to approve an extension of fourteen days for the completion of clean up work on Schedule "B" of HUD Project Noo WS-6~05-0302, City Project Noo 6854-20-0000-8, as requested by K.E.C. Construction Company° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None 7 City Council Minutes November 24, 1969 CONSIDERATION OF EXTENSION OF OFFICE LEASE WITH CYPRESS CHAMBER OF COERCE: The City Manager presented a report dated November 20, 1969 indicating that the sublease with the Cypress Chamber of Conmerce which provides for the use of Civic Center space by the Chamber and includes all utilities except telephone service will expire on January 31, 1970~ The report indicated that the City has no immediate plans for use of the area now occupied by the Chamber of Commerce. It was moved by Councilman Kanel and seconded by Councilman Noe to authorize the City Attorney to prepare the necessary agreement for extension of the sub- lease with the Cypress Chamber of Commerce an,d to authorize the Mayor to sign and the City Clerk to attest the agreement° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF EXTENSION OF OFFICE LEASE WITH CYPRESS PARK AND RECREATION DISTRICT: The City Manager presented a report dated November 20, 1969 indi- cating that the office sublease with the Cypress Park and Recreation District, which provides for the use of office space and all utility costs, including telephone service for a rental fee of $150o00 per month, will expire on January 31, 1970. The report indicated that the City has no immediate plans for use of the area now occupied by the Cypress Park and Recreation District. It was moved by Councilman Noe and seconded by Councilman Kanel to authorize the City Attorney to prepare the necessary agreement for extension of the sub- lease with the Cypress Park and Recreation District and to authorize the Mayor to sign and the City Clerk to attest the agreement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF REQUEST FOR CHANGE OF HOLIDAYS: The City Manager presented a report dated November 20, 1969 from the President of the Cypress City Employees' Association requesting that the day after Christmas be observed as a holiday for City employees instead of the day before Christmas, which is the designated holiday° This exchange would provide a longer holiday and would allow employees additional tim for travel during the holiday period~ It was moved by Councilman Harvey and seconded by Councilman Noe to approve Friday, December 26, 1969 as a holiday to be observed by employees in lieu of Christmas Eve day during the year 1969~ 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 ESTABLISHMENT OF "NO PARKING" AREAS: The City Manager presented a report dated November 20, 1969 outlining recommendations from the Advisory Traffic Committee for the City Council to establish "No Parking" restrictions at the following locations: (1) the east side of Bloomfield Street from a point 400 feet north of Ball Road to a point 200 feet south of Ball Raod to provide for the installation of left-turn pockets at that intersection; (2) the east side of Bloomfield Street from Larwin Avenue to a point 40 feet south of Larwin Avenue to improve sight distances for pedestrians and motorists; (3) the north side of Orange Avenue from Grindlay to a point 40 feet east of Grindlay to im- prove sight distances for pedestrians and motorists; and (4) on both sides of Lincoln Avenue from the intersection of the centerlines of Lincoln Avenue and the Pacific Electric Railroad right of way to a point 100 feet east and west of the intersection point to provide an area along the curb line for buses and other vehicles required by the Public Utilities Commission to stop at railroad crossings. In response to an inquiry from Councilman Bowen, the Public Works Director indi- cated that the business establishments in the area would not be adversely affec- ted by the restricted parking on Lincoln Avenue since they have adequate off- street parking° -8- City Council Minutes November 24, 1969 It was moved by Councilman Harvey and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 1025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING NO PARKINGAREASo 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 EMPLOYMENT LIST--POLICE CADET: The City Manager presented a report dated November 20, 1969 reviewing the results of an open competitive examination which has been conducted for the position of police cadet. It was moved by Councilman Bowen and seconded by Councilman Noe to certify the employment list for the position of police cadet 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 Kanode None None CONSIDERATION OF APPROVAL OF EMPLOYMENT LIST--POLICE OFFICER: The City Manager presented a report dated November 21, 1969 reviewing the results of an open competitive examination which has been conducted for the position of police officer° It was moved by Councilman Bowen and ,~econded by Councilman Noe to certify the employment list for the position of police officer as 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 Kanode None None CONSIDERATION OF APPROVAL OF EMPLOYMENT LiST--SECRETARY: The City Manager pre- sented a report dated November 19, 1969 reviewing the results of an open com- petitive examination which has been conducted for the position of secretary. It was moved by Councilman Kanel and seconded by Councilman Bowen to certify the employment list for the position of secretary as submitted. 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 22629 THROUGH 22721: It was moved by Councilman Bowen and seconded by Councilman Noe to approve the Commercial Warrant List for Warrants No. 22629 through 22721 in the amount of $172,535o32~ The motion was unanimously carried by the follow- ing roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None Upon the request of the City Manager, it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to place consideration of an approp- riation from the Community Promotional Fund to cover the expenses of the Christmas Tree Lighting Ceremony° It was moved by Councilman Bowen and seconded by Councilman Noe to approve the appropriation of $200 to the Community Promotional Account to cover expenses for the Christmas Tree Lighting Ceremony to be held on December 4, 1969. The motion was unanimously carried by the following roll call vote: -9- City Council Minutes November 24, 1969 AYES~ 5 COUNCILMEN: NOES: 0 COUNCfLMEN: ABSENT: 0 COUNCILMEN: Bowone Harvey, Kanei, Noe and Kenode None None The City Manager advised that Larwin Company has submitted a Right of Entry to the City for the interim location of the fire station facility at the northwest corner of Moody and Cerrltos for consideration in the amount of $1.00. This will provide authorization for the County of Orange to locate the facility on Larwin~s property until negotiations between the City and Larwin Company are finalized for acquisition of the site by the City° It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to place the Right of Entry Agreement from Larwin Company on the agenda for consideration at this time° It was moved by Councilman Noe and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUIION NOo 1026 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY O[ CYPRESS ACCEPTING A GRANT OF INTEREST OF REAL PROPERTY DESCRIBED IN THE ATTACHED RIGHT OF ENTRY AGREEMENT. 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 It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to place consideration of a "crash" program for obtaining appraisals for the right of way required for construction of sidewalks on the south side of Orange Avenue between Valley View and juanira Street or between Holder and Juanira Street° It was moved by Councilman Bowen and seconded by Councilman Harvey to authorize the employment oI an appraiser tc determine the acquisition cost for the property on the south side of Orange Avenue between Valley View and Holder or Juanira and Holder and to further authorize ~he preparation of a proposal for negotiations for this rlght oi way acquisition to allow for construction of sidewalks° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode NOES: O COUNCILMEN: None ABSENT: O COUNCILMEN: None It was moved by Ccm%cilman Bowen, seconded by Councilman Harvey and unanimously carried to place consideration of a Resolution submitted by Dro Walker endorsing the Anaheim Union High School District bond override proposal° This will be considered at an election to be held Januaz~ 13, 19700 Councilman Harvey stated that he felt the results from the citizens of Cypress in the last bond election reflected their concern for the need for better school facilities It was moved by Councilman Harvey and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NO~ 1027 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF CYPRESS ENDORSING AND SUPPOKI'ING THE BOND AND TAX OVERRIDE PROPOSALS OF THE BOARD OF TRUSTEES OF THE ANANEIM UNION HIGH SCHOOL 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 - 10 - City Council Minutes November 24, 1969 The City Manager advised that the tree removal program in the City of Cypress required additional expense on the part of the contractor and requested the City Council's consideration of increasing the contract with American Tree Service to $5,400 to cover this additional expense° It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Kanel and seconded by Councilman Bowen to increase the contract with American Tree Service to $5,400 for the tree removal program in the City of Cypress. 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 Mrs° Sharron Pritchett, 6282 Ferne Avenue, Cypress, California, addressed the Council reporting on the testimony given before the Assembly Interim Committee on Commerce and Public Utilities at its meeting held in Sacramento on November 20 and 21, 19690 Mayor Kanode read a press release prepared by the City Manager's office reviewing the testimony before the Assembly Committee by Mayor Kanode and Mrs. Pritchett. ORAL COMMUNICATIONS: Mrs. Sharron Pritchett, 6282 Ferne Avenue, Cypress, California addressed the Council inquiring as to whether the shrubbery on Cerritos Avenue and Holder will be trimmed° She indicated that this presents a traffic hazard for motorists and pedestrians. The Public Works Director advised that the property owner had been contacted and had indicated that a street improvement project on his property would be under- way shortly, at which time this condition would be remedied. He further indi- cated that in the interim, the City could trim the shrubbery. Councilman Harvey inquired as to what provision will be made to prevent a dust problem on the property on which the City has a park option on Juanita Street. The City Manager indicated that, hopefully, the City or the Park District will be able to plant this property to prevent dust problems~ EXECUTIVE SESSION: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to go into an Executive Session at 9:32 p.mo for the purposeof discussing litigati~l} The meeting was called back to order at 10:05 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 at 10:06 p~m. MAYOR OF/~HE CITY OF CYPRESS ATTEST: CITY C~E~ 0~ ~. CIT~ 0~ CYPRESS - 11 -