Loading...
Minutes 70-02-24MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 24, 1970 The regular meeting of the Cypress City Council was called to order at 4:00 pom., on Tuesday, February 24, 1970 in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tem John Kanel presiding. PRESENT: Couacilme~Bowen, Kanel and Noeo ABSENT: f. euncilman Harvey and Mayor Kanode, Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson, and the following members of the City Staff: Dunlap, Poertner, Nudson, Grissom, Schatzeder, and Coakley. MAYOR KANODE ARRIVED AT 4:02 pom., TOOK HIS PLACE ON THE PODIUM AND PRESIDED OVER THE REMAINDER OF THE AFTERNOON SESSION° MINUTES: It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried to approve the Minutes of February 9, 1970 as mailed. STAFF REPORTS AND DISCUSSIONS: The City Manager reviewed the various items contained in the Progress Report dated February 24, 1970o It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to proceed to Item Noo 9 on the agenda and to continue through Item Noo 14 at this time. COMMIEqICATION FROM DIEHL~ EVANS AND COMPANY, CITY AUDITORE: The City Manager reviewed a communication dated January 14, 1970 from Diehl, Evans and Company, City Auditors, notifying the City Council that the City financial records have been examined for the period ending September 30, 1969, and there were no discrepancies noted. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to receive and file this communication. COMMUNICATION FROM THE STATE DEPARTMENT OF PUBLIC WORKS RE: APPORTIONMENT FOR TOPICS PROGRAM: The City Manager reviewed a communication dated January 23, 1970 from Mr. Robert B. Carieson, Chief Deputy Director of the State Department of Public Works, which reported that the City's apportionment for the Federal TOPICS Program is in the amount of $23,376, and further advised that the City Council notify the Department of Public Works prior to June 30, 1970 of the City's intended use of this apportionment° It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to refer this conununication to the City Manager and Public Works Director for further study and report. COMMUNICATION FROM THE CITY OF WESTMINSTER TRANSMITTING A RESOLUTION RE: STATE LEGISLATION: The City Manager reviewed a communication dated February 2, 1970 from the City of Westminster transmitting a Resolution suggesting State legislation to enable all non-political districts to be able to hold simultaneous elections. The City Manager further stated that this proposal, which would authorize city, school and district elections to be held on the same day, would result in a savings to all agencies and could stimulate larger voter turn-out for these special elections° Discussion as to the wording of the Resolution ensued, and Councilman Bowen indicated that he would prefer to have 'hon-political" changed to read '~on-partisan." Following discussion, it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to authorize the City Manager to notify the State Legislators that the City Council supports the legislation as proposed in the Resolution from the City of Westminster. COMMUNICATION FROM THEASSEMBLYCOMMITTEE ON FINANCE AND INSURANCE RE: AMENDMENT TO FEDERAL FLOOD INSURANCE PROGRAM: The City Manager reviewed a communication dated February 9, 1970 from Assemblyman Robert G. Beverly who is Chairman of the Assembly Committee on Finance and InSurance, notifying the City Council of the recent amendment to the Federal Flood Insurance Program which makes it possible for California cities to participate in expanded insurance protection programs against flood and landslide damages. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to authorize the City Manager to obtain additional information and to prepare a report for City Council consideration. COMMUNICATION FROM THE CALIFORNIA MUSEUM OF SCIENCE AND INDUSTRY: The City Manager presented a communication from Mr, William J. McCann, Museum Director of the California Museum of Science and Industry, indicating that exhibit space for cities in California will be available until October 1971. It was moved by Councilman Bowart, seconded by Councilman Noe and unanimously carried to refer the communication to the Cypress Chamber of Commerce for consideration and further action. COMMUNICATION FROM THE CITY OF STANTON TRANSMITTING A RESOLUTION RE: STATE LEGISLATION--MOBILE HOME PAt~KS: The City Manager presented a communication dated February 16, 19'7'0 from the City of Stanton transmitting a copy of a Resolution requesting State legisis=jan · pertaining to the control of mobile home parks. The Resolution requests specific controls on the practices of mobile park owners and operators who allow only certain types of mobile homes, in their parks, who charge exorbitant fees for the sale of mobile homes within their parks, and who overcharge for electrical services. The City Manager stated that since mobile home parks are regulated by the State, it would appear appropriate that further investigation and study of these practices should be made at the State level° In response to an inquiry from Councilman Bowen, the Building Superintendent advised that in certain cozmnunities there is a problem in regard to Manufacturers and Dealers of mobile homes who also own mobile home parks; however, this is not a problem in Cypress° Following discussion, it was moved by Councilman Noe, seconded by Councilman Bowart and unanimously carried that the City Manager request further study and investigation of this matter by our Assemblyman. It was moved by Councilman Kanel, seconded by Councilman Bowart and unanimously carried to consider Item No~ 15 on the agenda during the evening session, and to proceed to Item No. 16 on the agenda at this time° CONSIDERATION OF APPROVAL OF COOPERATIVE AGREEMENT WITH STATE OF CALIFORNIA FOR STATE FINANCIAL DISASTER ASSISTANCE-jPROJECT 6958-20-0000: The City Manager presented a report dated February 17, 1970 , from the Public Works Director, stating that a proposed Agreement between the City and the State has been received, which provides for State financial assistance to the City pursuant to Chapter 52, Statute 1969, in repairing streets damaged by storm in January and February 1969. The report further indicated that before the City can receive the funds, it is necessary to execute the Agreement with the State° It was moved by Councilman Bowen and seconded by Councilman Kanel to approve Cooperative Agreement 69-23H23 with the State of California and to adopt the Resolution authorizing execution of the Cooperative Agreement as outlined in the report, subject to the approval of the City Attorney. The City Manager advised that in order to have the Resolutions in sequence, it would be necessary to adopt the Resolution of Commendation, which will be - 2 - City Council Meeting FebrUary 24, 1970 presented to the Eighth Grade Class of St. Irenaeus School for their Flame of Hope efforts, and is Item No. 1 on the agenda for this evening. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION N0. 1046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE EIGHTH GRADE STUDENTS OF ST~ IRENAEUS SCHOOL FOR THEIR EFFORTS IN RAISING FUNDS FOR THE "FLAME OP HOPE" PROGRAM° 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 COUNCILMAN: Harvey It was moved by Councilman Bowan and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 1047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING EXECUTION OF COOPERATIVE AGREE- gENT 69-23H23 WITH THE STATE OF CALIFORNIA UNDER THE EMERGENCY FLOOD RELIEF LAW COUNCILMAN HARVEY ARRIVED AT 4:20 P .M. AND TOOK HIS PLACE ON THE PODIUM. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMAN: Bowen, K~nal, Noe and Kanode None None Harvey EXECUTIVE SESSION: It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carIied to go into an Executive Session at 4:30 p~m. for the purpose of discussing pending litigation and a personnel matter° The meeting was called back to order at 4:50 pom., with all City Councilmen present. It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously carried to place the case of the City of Cypress vs. Cole on the agenda at this time° It was moved by Councilman Bowen and seconded by Councilman Harvey to authorize a stipulation in settlement in the case of the City of Cypress vso Cole Parcel 4, Case Noo 164058. in the Orahge~CountySuperior Court, in entering into a settlement for $29,250.00, and that a warrant be authorized to be issued in that amount~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel,Noe and Kanode None None CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND RIGHT OF WAY CERTIFICATION AND AUTHORIZATION TO ADVERTISE FOR BIDS ON MDODY STREET FROM 1300 FEET S~UTH OF LINCOLN TO 2300 FEET NbRTH OF LINCOLNL, PROJECT 6901,10-0445, PHASE III: The City Manager presented a report ~a~'ed FeBruary 18, 1970 from the Public Works Director indicating that the Engineering Division has completed the plans and specifications for Moody Street from 1300 feet south City Council Meeting February 24, 1970 of Lincoln Avenue to 2300 feet north of Lincoln Avenue. The report further stated that it will be necessary to modify the existing traffic detectors due to new construction, at the intersection of Lincoln Avenue and Moody Street, and to also add curbs and gutters on the east side of Moody Street south of Lincoln Avenue, fronting an apartment development~ The total project cost will be approximately $62,000°00, with the City of Cypress' portion in the amount of 87,000~00 which was included in the 1969/70 budget. It was moved by Councilman Bowen and seconded by Councilman Nee to approve plans and specifications for project #6901-10-0445, Phase III, and to authorize the City Clerk to advertise for bids with bid date to be set after approval and authorization from the Orange County Road 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 It was moved by Councilman Noe and seconded by Councilmen Kanel to authorize the Mayor to sign the Right of Way Certification for the Moody Street Project, and the City Clerk to attest the signature~ 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, seconded by Councilman Kanel and unanimously carried to consider Item Noo 15 on the agehas at this time. CONTINUATION OF CONSIDERATION OF REQUEST TO CONSTRUCT PROTO-TYPE HOUSE: The City Manager reviewed a report dated February 19, 1970, which stated that the City has been requested by the Larwin Company to approve the construction of a proto-type house on an approved lot in Tract 6776, located south of Orangewood, west of Valley View. The report indicated that the Building Superin- tendent has requested that this construction be approved by the City Co~mcil since the plans which have been submitted include materials, pro-assembled panels, and methods of assembly that are not provided for under the uniform building codes which have been adopted by the City Council. In response to an inquiry from Councilman Kanel, the City Attorney advised that he felt that if the conditions to be imposed on this request were properky incorporated into the agreement, and if suitable notification is given to the tenants of the proposed house, then the conditions would be enforceable~ Discussion ensued, and in response to an inquiry by Mayor Kenode, the City Manager stated that the request from the Larwin Cormpany will ultimately be for two such houses; however, the Company is concerned only with one at the present time, which will be an experimental model° In response to an inquiry by Councilman Harvey, the City Attorney advised that if the proto-type house meets all of the conditions required after a five- year period, the Larwin Company could sell the house if they wish. He further advised that a provision could be added to the conditions which would prohibit an option to purchase during the five-year bond period. It was moved by Councilman Kanel and seconded by Councilman Bowen to authorize the Building Superintendent to issue a permit for the construction of the proto- type house subject to the conditions as outlined in the report, with condition No. 4 amended to read as follows: 4. The recorded deed on the property will contain a provision that the house may not be sold, and that an option to purchase shall not be approved during the five year bond period. Discussion concerning the conditions ensued, and Councilman Harvey stated that he would like condition Noo 6 to read as follows: -4- City Council Meeting February 24, 1970 6. That the tenants further be advised, in writing upon occupancy, of the requirement that they be relocated within a reasonable amount of time in the event the removal of the structure is required by the City Council. General discussion was held as to the safety and durability of the proposed house, whereby the Building Superintendent stated that there should not be a problem unless there is a deterioration in the aluminum. He further stressed the need for frequent inspections. It was the general opinion of the Council that in the event the house should need repair, it would be the right of the Lazwin Company to do so; however, in the event they failed to do so, it could be required by the City Council that the structure be relocatedo It was suggested by the Building Superintendent, and agreed to by the City Council, that condition No. 7 be added to the conditions, which would read as follows: 7o In the event the City Council determines that the structure is to be relocated, the Larwin Company will replace the structure with a comparable house, same as other models in the tract, of conventional design, to be built in a reasonable amount of time on the site. Councilman Harvey indicated that after listening to the reports, he is basing his action on the hemments made by the staff. The City Managerindicated that the responsibility for both issuing the permit and inspecting the structure rests with the Building Department, and that this matter was only presented to the City Council to obtain a policy statement regarding the construction of this type unit. The motion, including the amendments to the conditions and the added condition stated previously, 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 At the request of Councilman Harvey, the Council reviewed Item No. 14 on the agenda regarding mobile home park legislatio~o Councilmen Harvey stated that there have been several complaints from residents at the mobile home park on Lincoln, which is under new management, regarding various regulations which they feel are unjust. Councilman Harvey further indicated that he has been in conununication with Senator Whetmore in regard to this particular problem, and has talked to the City Clerk of Stanton relative to the Resolution, and stated that he has strongfeelings regarding this matter° Discussion ensued concerning the various unjust practices which are evident at some of the mobile home parks. It was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously carried that the City Council request the City Staff to confer with Managers of mobile home parks within the city limits, and to obtain their rules and regulations, and to provide the City Council with a report on this matter at the next meeting. RECESS: - ~t was moved by Councilman Noe, seconded by Councilmen Bowen and unanimously :arried to recess at 6:00 p.m. until 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: Councilmeu Bowen, Harvey, Kanel, Noe and Kanode ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E, City Council Meeting February 24, 1970 Erickson and the following members of the City Staff: Dunlap, Nudson, Griesom, Poertner, Putnam, Schatzeder, and Robertson. PLEDGE OF ALLEGIANCE: Cypress Boy Scout Troop No. 9 led the City Council and audience in the Pledge of Allegiance. PRESENTATION OF RESOLUTION 6F COMMENDATION TO EIGHTH GRADE CLASS OF ST. SCHOOL FOR FLAME OF HOPE EFFORTS: Mayor Kanode introduced the representatives of the eighth grade class from St. Irenests School, and presented the Resolution comAending the class for raising over $3,000 by selling candles, with the proceeds donated to the Flame of Hope, to Miss Karen Sullivan, who accepted the Resolution on behalf of her class. Mayor Kenode stated that the Cypress Police Department had won first place in the Color Guard Di~ision, and displayed the trophy which was presented at the Patriots' Day Parade, spongered by the Exchange Club of Laguna Beach and the D.A~R~ Councilman Bowen explained that the Police Department performed at this parade on their own time. CONSIDERATION OF AWARD OF CONTRACT FOR 1970 WEED ABATEMENT PROGRAM: The City Manager reviewed a report dated February 17, 1970 from the Public Works Director, indicating that bids for the 1970 Weed Abatement Program were received in the office of the City Clerk at 10:00 a~m. on Monday, February 16, 1970 in the presence of the City Clerk and the Director of Public Works. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Kanel to determine that the lowest and best bid was submitted by Edwin Weber in the amount of $16,729o00 and that =he contract be awarded to Edwin Weber, 8472 Rembrandt Drive, Huntington Beach, California as per their proposal dated February 16, 1970. 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 AWARD OF CONTRACT FOR WALKER STREET FROM CERRITOS AVENUE TO KATELLA AVENUE., PROJECT 6903-10-0467: The City Manager reviewed a report from the Director of Public Works, which stated that bids for the improvement of Walker Street, from Cerritos Avenue to Katella Avenue, were opened in the office of the City Clerk at 10:00 aom, on February 16, 1970 in the presence of the City Clerk and the Director of Public Works, The report also listed the results of the bids° Following discussion, it was moved by Councilman Noe and seconded by Councilman Bowen to determine that the lowest and best bid was submitted by the Mark Construction Co. for the construction of street improvements on Walker Street from Cerritos Avenue to Katella Avenue, and that the contract be awarded to Mark Construction Company, P. O. Box E. Ao, Garden Grove, California as per their proposal dated February 16, 1970 for Alternate "B" (7~" A.C.) in the amount of $138,156.85. 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 ORAL COMMUNICATIONS: Mrs. Alice Frankowitz, 4219 Dover Circle, Cypress, addressed the Council stating that she is a member of the Cypress Cultural Arts Association, and would like to have a feasibility study made to determine whether the auditorium at the Cypress School could be rennovated and used for a con~nunity center building° Following discussion, it was moved by Councilman Harvey, seconded by Councilman Bowen and unanimously carried to place this item on the ageode for consideration at this time. -6- City Council Meeting February 24, 1970 It was moved by Councilman Harvey and seconded by Councilman Noe to request the City Staff to undertake a feasibility study regarding the possible use of the Cypress School auditorium as a community center building. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Nee and Kenode None None RECESS: Mayor Kenode declared a recess at 7:50 p.m. The meeting was called back to order at 8:00 pom. with all Councilmen present. PUBLIC HEARING RE: CONSIDERATION OF PROTESTS TO THE ANNEXATION OF UNINHABITED PROPERTY GENEP, ALLY LOCATED EAST OF MOODY STREET AND NORTH OF.LINCOLN AVENUE, KNOWN AS ANNEXATION NO~ 69-5: The Mayor announced this was the time and place for the Public Hearing to consider protests to the annexation of uninhabited property generally located east of Moody Street and north of Lincoln Avenue, known as Annexation No~ 69-5. The Mayor declared the Public Hearing open and requested the Staff to present its report. The City Manager presented a report dated February 19, 1970 which stated that the affidavits of publication, posting and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk, and no written protests have been received as of this date~ The report stated that Annexation No. 69-5 consists of 17.49 acres, and has a total assessed valuation of $208,630.00, and is developed primarily as the Clara King School. It further indicated that if at the time of the closing of the Public Hearing, written protests have not been recieved from property owners representing more than 50% of the total assessed valuation, the City Council may proceed with the adoption of a Resolution declaring that a majority protest has not,been filed, which then would allow the City Council to proceed to enact an Ordinance annexing the subject property. At the request of Councilman Harvey, the City Manager pointed out the proposed annexation area on the map. There being no written communications or oral protests, the Mayor declared the Public Hearing closed~ It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO~ 1048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE IN THE PROCEEDINGS KNOWN AS "ANNEXATION NO~ 69-4°" The motion was unanimously carried BY the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Nee and Kenode None None It was moved by Councilman Bowen and seconded by Councilman Nee to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Nee and Kanode None None ~ 7- City Council Meeting February 24, 1970 hi ~ Title of the Ordinance is as follows: ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS kPPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED AS "ANNEXATION NOo 69-5" TO THE CITY OF CYPRESS, It was moved by Councilman Bowen and seconded by Councilman Noe to approve the first reading of this Ordinance. 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 PUBLIC HEARING RE: CONSIDERATION OF APPLICATION FOR SPECIAL PERMIT TO ALLOW THE SOLICITATION OF BANKING SERVICES FROM DOOR TO DOOR IN THE CITY OF CYPRESS: The Mayor announced this was the time and place for the Public Hearing to consider an application for a Special Permit to allow the solicitation of banking services from door to door in the City of Cypress, as requested by Southern California First National Bank, 902 North Main Street, Santa Ana, California° The Mayor declared the Public Hearing open and requested the Staff to present its report. The City Manager reviewed a report dated February 19, 1970 which stated that the affidavits of publication and posting of the Public Hearing notices on this matter are on file in the office of the City Clerk; and no written communications have been received either in favor of or in opposition to the Special Permit, Mr. Elmer Go Studer, Assistant Vice-President of the Southern California First National Bank, addressed the Council explaining that it would not be a solicitation type program for banking business, but rather, an avertising program, as a branch of the bank recently has opened in Cypress. He further indicated that two trained bank personnel, under his supervision, would go from door to door handing out information regarding the various services that the bank offers. In response to an inquiry from Councilman Bowen, Mr. Studer indicated that hie personnel would probably be going from door to door between the hours of 9:00 a~m, and 2:00 p.m, Discussion ensued with regard to the various services offered by the bank° There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel and seconded by Councilman Noe to approve the application for Special Permit requested hy the Southern California First National Bank with the condition that the hours of distributing information will be restricted between 8:00 a~m. and 6:00 p.m. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ben, Harvey, Kanel, Noe and Kenode None None PUBLIC HEARING RE: CONSIDERATION OF APPLICATION FOR AMENDMENT TO ZONING .0_.RDINANCE NO. 90., KNOWNAS ZONE CHANGE NO. Z-185: The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance No, 90 which would change the zone of a certain parcel of land from R-1 (Single-family Residential) to C-O (Commercial Office) ~ property generally located at the northwest corner of Orange Avenue and Grindlay Street, requested by State-Wide Developers, Inc., 342 Redondo Avenue, Long Beach, California. The Mayor declared the Public Hearing open and requested the Staff to present its reports. - 8- City Council Meeting February 24, 1970 The City Manager reviewed a report dated February 19, 1970, which outlined the nature of the request and further stated that the affidavits of publication, posting, m~d mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications have been received either in favor of or in opposition to the proposed permit. The Planning Director presented a report dated January 22, 1970, which explained that due to the size and shape of the subject property, which has access only to Orange Avenue and contains only approximately one acre in area, the Planning Commission has recommended to the City Council approval of Zone Change No. Z-185o The Planning Director stated that a Conditiona1- Use Permit has been approved for the subject property by the Planning Commission. In response to an inquiry from Councilman Harvey, the Planning Director explained the various requirements needed to protect the surrounding property owners' privacy. Mr. Don Pearson, State Wide Developers, Inc., addressed the Council stating that he feels that the proposed development would be very compatible to the Civic Center, and further indicated that the proposed office space is being considered by serveral Doctors, Dentists, and utility companies. He added that the proposed development would improve the appearance of the neighborhood. Mr. Charles Arbuckle, 4254 Via Verde, Cypress, addressed the Council stating that he was concerned as to whether the proposed development would cause a parking problem on the streets. The Planning Director stated that he felt the parking would be adequate, since it included four spaces per 1,000 feet for general office purposes, and eight spaces per 1,000 feet for medical office purposes. The proposed office building would have a total of 120 spaces for parking. In response to an inquiry from Councilman Harvey, the Planning Director stated that he felt the Zone Change would be compatible with the surrounding areas regardless of whether or not the proposed office building is constructed° There being no written communications either in favor or against, and no oral protests, the Mayor declared the Public Rearing closed. It was moved by Councilman Nee and seconded by Councilman Kanel to read the following Ordinance by title only. The motion was unanimously carried by the followinB roll call vote; AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None Title of the Ordinance is as follows: ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE N0o 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND PROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO C-O (COMMERCIAL OFFICE) ZONE CHANGE NO~ Z-185 It was moved by Councilman Bowen and seconded by Councilman Nee to approve the first reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, }{arvey, Kanel, Noe and Kanode None None PUBLIC HEARING RE: CQNSIDERATION O.F. AMENDMENT TO THE ZONING ORDINANCE TO ADD AN "0"' ZO~E ~0 PERMIT THE EXTRACTION OF MINERAL RESOURCE. S 'pUB'JECT TO THE ISSUANCE OF A CONDITIONAL USE PERMIT: The Mayor announced this was the time and place fo'r the Public Hearing to consider an amendment to the Zoning Ordinance to add an "0" Zone to permit the extraction of mineral resources subject to the issuance of a Conditional Use Permit. -9- City Council Meeting February 24, 1970 The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated February 19, 1970, which stated that the proposed amendment as submitted by the Planning Conunission, originally was requested by the City Council to provide the City with additional controls over the extraction of mineral resources within the City. The report further indicated 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 either in favor of or in opposition to the proposed amendment have been received. The Planning Director reviewed a report dated February 18, 1970, explaining that the suggested '~" Zone would allow the extraction of natural resources subject to a conditional use permit~ The report further indicated that these controls would provide the City with sufficient controls for the extraction of natural resources within the City without limiting this extraction to a particular zone in the community. Mrs. Alice Frankowitz, 4219 Dover Circle, Cypress, addressed the council inquiring as to whether there would be a possibility of environmental pollution as a result of the proposal~ The Planning Director explained that under this system there would be more controls, as the companies would be required to Justify their reasons for a zone change and would allow for a Conditional Use Permit to establish standards. Discussion ensued, and Councilman Harvey stated that based on previous oil studies made in the City, it would appear unlikely that any drilling would take place in the community. There being no written communications, and no oral protests, the Mayor declared the Public Hearing closedo It was moved by Councilman Bowen and seconded by Councilman Noe to read the following Ordinance by title only, 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 Title of the Ordinance is as follows: OPJ]INANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING OPaINANCE OF THE CITY OF CYPRESS, BY ENDING SECTIONS 120.2E, l17-B.1 THROUGH 117-B.5, AND ADDING PART 17-B, SECTIONS l17-B.1 THROUGH 117-B.3, THERETO, ESTABLISHING A COMBINING OIL DRILLING ZONE o It was moved by Councilman Bowen and seconded by Councilman Noe to approve the first reading of this Ordinance° The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None PUBLIC. HEARING RE: CONSIDERATION OF AN AMENDMENT TO ZONING ORDINANCE NO. 90 TO PERMIT C.ARP0.RTS IN LIEU OF GARAGES IN ALL R-3 AND R-4 DEVELOPMENiTS: The Mayor announced this was the' time'and place for the Public Hearing to consider an smendment to the Zoning Ordinance No. 90 to permit carports in lieu of garages in all R-3 and R-4 developments~ The Mayor declared the Public Hearing open and requested the Staff to present its reports. - 10 - City Council Meeting February 24, 1970 The City Manager reviewed a report dated February 19, 1970 which stated that the affidavits of publication and posting of the Public Hearing notices on this matter are on file in the office of the City Clerk, and no written co~m~unications either in favor of or in opposition to the proposed amendment have been received. The Planning Director reviewed a report dated February 18, 1970 which stated that the proposed amendment would allow carports in lieu of garages in multiple- family developments. The report further compared the crime rate occurring in carports and closed garages, and stated that after careful study, the Commission felt that carports should be allowed where there are more than two units constructed on a lot in a multiple-family zone provided the carports have been architecturally integrated with the design of the main structure, and that any covered parking spaces within 60 feet of the front property line should still have the garage doors. In response to an inquiry from Councilman Harvey, the Planning Director stated that all of the apartment complexes in the City have requested carports, and that under the present requirement it is necessary to apply for a Variance. When asked about testimony from citizens conce~ning this matter, the Planning Director stated that many persons indicated that they were in favor of the proposed amendment. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Noe and seconded by Councilman Kanel to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 121o3A OF ZONING ORDINANCE NO. 90: "CARPORTS IN LIEU OF GARAGE S" It was moved by Councilman Noe end seconded by Councilman Kanel to approve the first reading of this Ordinance. Councilman Harvey stated that he felt the argument is Justifiable; however, he also felt that each development should be considered individually, and that changing the City Ordinance to permit carports would prevent people from having the opportunity to express themselves should a circumstance warrant. He further indicated that he would rather have the developer apply for a variance, which would provide an opportunity for persons to speak on the issue. Councilman Bowart concurred with Councilman Harvey's comments. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Noe to reopen the Public Hearing and to continue this Public Hearing to the next regular meeting of the City Council. 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 RECESS: Mayor Kanode declared a recess at 9:00 p .m. The meeting was called back to order by the Mayor Pro Tern, John Kanel, at 9:05 p.m., with all present with the exception of Mayor Kanode. -11- City Council Meeting February 24, 1970 CONSIDERATION OF REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY, HOLDER STREET, ORANGE TO BALL ROAD, PROJECT 7002'10-0499: The City Manager reviewed a report dated February 18, 1970 from the Public Works Director stating that the acquisition of right of way to widen Holder Street from Orange Avenue to Ball Road was approved as a 1969/70 A.HoF.P. proJect~ #499, with participation by the City and the County of Orange in acquisition costs. The report further indicated that negotiations with the owners of the parcel, located at the comer of Holder and Orange, have proven successful, and that authorization will be required to execute the necessary escrow documents, and also for the Engineering Division to proceed with acquisition of the other necessary right of way based on the appraisal report for properties to be acquired on Holder Street from Orange to Ball Road. It was moved by Councilman Bowen and seconded by Councilman Noe to authorize the Public Works Director to execute escrow documents on behalf of the City in the acquisition of Assessor's Parcel Noo 134-181-1 at the southwest corner of Orange and Holder Streets. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Bowen, Harvey, Noe and Kanel None Mayor Kenode It was moved by Councilman Harvey and seconded by Councilman Xanel to authorize acceptance of the deed for the parcel by the City Clerk on behalf of the City° motion was unanimously carried by the following roll call vote: The AYES: NOES: ABSENT: 4 COUNCILMEN: Bowen, Harvey, Noe and Kanel 0 COUNCIL~ZN: None 1 COUNCILMAN: Mayor Kenode It was moved by Councilman Noe and seconded by Councilman Rarvey to direct the Engineering Division to proceed with the acquisition of right of way on Holder Street based on the Land Acquisition Service Appraisal Report. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Bowen, Harvey, Noe and Kanel None Mayor Kenode CONSIDERATION OF ACCEPTANCE 0P STORM DRAIN EASEMENT ACROSS NAVAL AIR STATION: The City Manager reviewed a report dated February 18, 1970 from the Public Works Director which stated that the Engineering Division has obtained two appraisals for the value of the easement and forwarded same to the Department of the Navy for consideration. The estimated value of the easement was $4,235.00 by one appraiser and $4,288.75 by the other appraiser. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the payment of Just compensation in the amount of $4,250.00, and to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1049 A REEOLIEION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING THE GRANT OF AN EASEMENT FROM THE UNITED STATES OF AMERICA The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Bowen, Harvey, Noe and Kanel None Mayor Kenode CONSIDERATION O.F .REQUEST FOR EXTENSION OF TIME FOR ~ROJECT 6854-20-0000-11 (R. G~ ATCKISON COMPANY): The City Manager presented a report from the Public Works Director, dated February 19, 1970, which indicated that an extension of time of thirty days for the completion of work on Project #6854-20-0000-11, is requested due to factors beyond the control of the Contractor. - 12 - City Council Meeting February 24, 1970 It was moved by Councilman Harvey and seconded by Councilman Bowen to grant the request of R. G~ Atckison Company for an extension of time of thirty (30) days on the contract for Project #6854-20-0000-11 which extends the contract completion date until March 13, 19 70. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Bowen, Harvey, Noe and Kanel None Mayor Kenode CONSIDERATION OF REQUEST FOR EXTENSION OF TIME FOR PROJECT 6854-20-0000-7 (HEALY TIBBITTS CONSTRUCTION COMPANY): The City Manager reviewed a report from the Public Works Director, dated February 19, 1970, which stated that the Healy Tibbitts Construction Company has requested an extension of time of forty four days due to factors beyond the Contractor's control. It was moved by Councilman Bowen and seconded by Councilman Noe to authorize an extension of time of forty four (44) days on the contract for ProJ act #6854- 20-0000-7 with Healy Tibbitts Construction Company which extends the completion date until March 1, 1970~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Bowen, Harvey, Noe and Kanel None Mayor Kanode CONSIDERATION OF REQUEST FOR AN EXTENSION OF TIME FOR PROJECT 6854-20-0000-10 (ECCO CONTRACTORE, INC.): The City Manager presented a report dated February 19, 1970, from the Public Works Director stating that the ECCO Contractors, Inc., have requested an extension of time of forty (40) days which is requested due to factors beyond the Contractor's control. It was moved by Councilman Harvey and seconded by Councilman Noe to grant the request of ECCO Contractors, Inc. for an extension of time of forty (40) days on the contract for Project #6854-20-0000-10, which extends the contract completion date until March 10, 1970o CONSIDERATION OF ACCEPTANCE OF TRAFFIC SIGNAL CONTRO~LEPa AT WALKER STREET, PHASE II OPPROJEC.T NO~ 6903-I0'0467 AND. CONSIDERATION OF REQUEST FOR PAYMENT: The City Manager presented a report dated February 18, 1970 from the Public Works Director stating that the traffic signal controllers and appurtenant equipment have been inspected by the Engineering Department, and found to be satisfactory. It was moved by Councilman Noe and seconded by Councilman Bowart to accept the Walker Street, Phase II Project #6903-10-0467, Traffic Signal Controllers, and to authorize the City Clerk to release the Labor and Material Bonds upon expiration of the required lien period providing no liens have been filed and to release the Faithful Performance Bonds upon expiration of one year guarantee providing no defects in material or workmanship become evident, The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Bowen, Harvey, Noe and Kanel None Mayor Kanode CONSIDEI~ATION OF REQUEST FOR ACCEPTANCE OF WORK ON ALLEY IMPROVEMENT WEST OF WALKER, SOUTH OF LINCOLN (R~J. NOBLE COMPANY): The City Manager reviewed a report dated February 16, 1970, which indicated the alley improvement, west of Walker Street and south of Lincoln Avenue, Project #7009-10-0000, has been completed in accordance with plans and specifications. It was moved by Councilman Noe and seconded by Councilman Bowen to accept the alley improvements west of Walker Street and south of Lincoln Avenue and to authorize the City Clerk to release the labor and material bonds upon expiration of the required lien period pro- viding no liens have been filed and to release the faithful performance bonds upon expiration of one year guarantee providing no defects in material or workmanship become evident. The motion was unanimously carried by the following roll call vote: - 13 - City Council Meeting February 24, 1970 AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Bowen, Harvey, Noe and Kanel None Mayor Kenode CONSIDERATION OF REQUEST FOR ACCEPTANCE OF WORK O~ BAL~ ROAD, BLOOMFIELD AND VIA LARGO STREET IMPROVEME.NTS,. PRO~EC~. NO.~. 6960-i0-0475 (JOHN B. EWLES, COMPANY): The City Manager presented a report from the Public Works Department, dated February 16, 1970, which etated that the Ball Road, Bloomfield Street and Via Largo Street improvements, Project #6960-10-0475, were completed in accordance with plans an~ specifications on February 16, 1970, by the John B, Ewles Co~ It was moved by Councilman Noe and seconded by Councilman Harvey to accept the Ball Road, Bloomfield Street and Via Largo Street improvements and to authorize the City Clerk to release the labor and material bonds upon expiration of the required lien period providing no liens have been filed, and to release the faith- ful performance bonds upon expiration of one year guarantee, providing no defects in material o~ workmanship become evident~ The motion was unanimously carried by the f~llowing roll call vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bowen, Harvey, Noe and Kanel None Mayor Kenode CONSIDERATION OF REQUEST FOR ACCEPTANCE OF CAROB STREET IMPROVEMENTS, PROJECT NO. 7005-10-0000 (R,J~ NOBLE COMPANY): The City Manager reviewed a report dated February 16, 1970 from the Public Works Director, which stated that Carob Street improvement, Project Noo 7005-10-0000, was completed in accordance with plans and specifications cn February 9, 1970, by the R, J. Noble Company. It was moved by Councilman Harvey and seconded by Councilman Noe to accept the Carob Street improvements, and to authorize the City Clerk to release the labor and material bonds upon expiration of the required lien period providing no liens have been filed and to release the faithful performance bonds upon expiration of one year guarantee providing no defects in material or workmanship become evident, The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Bowen, Harvey, Noe and Kanel None Mayor leaode CONSIDERATION OF ACCEPTANCE OF SEWAGE PUMP STATION AT ORANGEWOOD AND VALLEY VIEW, PROJECY'6939-20-0000: The City Manager reviewed a report dated February 19, 1970, from the Public Works Director which indicated that work has been completed on the above proJ oct by Stevenson and Forster as contractor for the Larwin Company. The report further stated that the pump station is being maintained by City forces subject to certain conditions to prevent damage to the pump station pending completion of La~win's Tempo Tract south of Orangewood Avenue~ It was moved by Councilman Noe and seconded by Councilman Bowen to accept as being completed in accordance with plans and specifications for Project #6939-20~0000, Orangewood Sewage Pump Station, subject to completion of the following conditions: The slab under the electrical meter box shall be raised to sidewalk grade~ 2. The damaged cover on the pump station shall be replaced or repaired to the satisfaction of the City Engineer. 3. The damaged Junction box on the side of the pump station shall be replaced~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Bowen, Harvey, Noe and Kanel None Mayor Kenode - 14- City Council Meeting February 24, 1970 ACKNOWLEDGMENT OF NOTICE OF INTENTION TO CIRCULATE PETITION AND AUTHORIZATION FOR CIRCULATION OF PETITION FOR ANNEXATION NO. 69-6. LOCATED ON THE NORTH AND SOUTH SIDES OF LINCOLN AVENUE BETWEEN MOODY AND SUMNER STREETS: The City Manager presented a report dated February 19, 1970, which stated that the Notice of Intention to Circulate a Petition for Annexation to the City of Cypress, identified as Lincoln Avenue Annexation No. 69-6, was published in the Cypress News Enterprise on February 12, 1950, and that in accordance with the Government Code procedures for inhabited annexations, a copy of the Notice with the accompanying statement and a copy of the affidavit of publication have been filed with the City Clerk. In response to an inquiry by Councilman Bowen, the City Attorney stated that any person over the age of twenty-one, and a resident of the area may circulate a petition. At the request of Councilman Harvey, the City Manager pointed out the boundaries of the proposed annexation. MAYOR KANODE ARRIVED AT 9:35 P~M~, TOOK HIS PLACE ON THE PODIUM AND PRESIDED OVER THE REMAINDER OF THE EVENING SESSION ~ Discussion ensued in regard to the area contained in the proposed annexation, and to some of the problems which could be encountered. Following discussion, it was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO~ 1050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACKNOWLEDGING THE RECEIPT OF NOTICE OF INTENTION TO CIRCULATE A PETITION FOR THE ANNEXATION OF TERRITORY DESIGNATED AS '%INCOLN AVENUE ANNEXATION NOo 69-6" AND AN AFFIDAVIT OF PUBLICATION THEREOF AND APPROVING THE CIRCULATION OF THE PETITION~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILM~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF NUISANCE ABATEMENT ASSESSMENT ON SALVADOR CHICKEN RANCH: The City Manager presented a report dated February 19, 1970, which stated that the Fly Abatement Board, at a meeting held September 25, 1969, ordered the Orange County Health Department to abate the existing condition on the chicken ranch located at 9372 Holder Street, which included the removal of all materials causing the fly breeding hazard on this property. The report further indicated that the property was cleaned by the Orange County Health Department in November of 1969 and the City has now received the abatement costs in the amount of $535.92, which the owner of the property, Maria J. Salvador, has stated that she would prefer to have placed as a lien on the property rather than to pay the cost at this time. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THE COSTS OF ABATING A NUISANCE TO BE A CHARGE AND SPECIAL ASSESSMENT UPON A PARCEL OF LAND, AND PROVIDING FOR THE COLLECTION THEREOF. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowan, Harvey, Kanel, Noe and Kanode None None - 15 - City Council Meeting February 24, 1970 CONSIDERATION OFPROpOSED MOBILE X~RAY ORDINANCE: The City Manager presented a report dated February 19, 1970 which indicated that the Orange County Health Department has prepared a model mobile x-ray ordinance, which was adopted by the Orange County Board of Supervisors on December 30, 1969. The report further stated that since the mobile x-ray units operate throughout the County and since the Orange County Health Department provides the health services for the City of Cypress, the Health Department recommends that a uniform County-wide Ordinance be adopted regulating the mobile x-ray units. It was moved by Councilman Noe and seconded by Councilman Bowan to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ASSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel,Noe and Kenode None None Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING ARTICLE IV TO CHAPTER 13 OF THE CYPRESS CITY CODE ESTASLISHING REGULATIONS FORMOBILE X-RAY UNITS. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the first reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ASSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF ESTASLISHMENT OF '~0 PARKING" AREAS: The City Manager presented a report dated'February 19, 1970 which stated that the Advisory Traffic Committee considered and voted to recommend to the City Council establishment of certain no parking areas within the City. The report further indicated that in response to a citizen request for study of the area in the vicinity of the crosswalk at Cerritos Avenue and ILitter Street, it was felt by the Committee that a forty (40) foot '~o Parking" area on the south side of Cerritos would improve visibility of the area for eastbound motorists. It was also felt that the new traffic pattern on Holder Street, adjacent to the Cypress College, does not allow sufficient space for parking adjacent to the curb, and it has been necessary to prohibit parking there. Discussion concerning parking in the vicinity of the college ensued, and in response to an inquiry by Councilman Harvey, the City Manager suggested that surfacing more of the area on the campus itself would help to alleviate the parking problem. It was moved by Councilman Harvey and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISI{INC 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 - 16 - City Council Minutes February 24, 1970 CONSIDERATION OF REQUEST FOR ADDITIONAL BUDGETARY APPROPRIATIONS: The City Manager reviewed a report dated February 19, 1970, which outlined the additional appropriations requited from both the General Fund and Drainage Bond Construction Fund of the City to complete the 1969/70 Fiscal Year programs. Following discussion, it was moved by Councilman Bowen and seconded by Councilman Noe to authorize the additional appropriations in the amount of $96,720 from the General Fund Reserve, and in the amount of $50,900 from the Drainage Bond Construction Fund, to the accounts outlined in the report. 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 ATTEND CITY MANAGERS' CONFERENCE: The City Manager reviewed a report dated February 19, 1970, which indicated that the 1970 City Managers' Spring Conference will be held in the City of Newport Beach on February 25-27, 1970. The report further indicated that due to the location of the conference, no expenses will be incurred for lodging or transportation other than the use of the City car. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the City Manager to attend the 1970 City Managers' Conference in Newport Beach from February 25-27, 1970, and further authorize reimbursement for his actual and necessary expenses. 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 ADVISORY TRAFFIC COMMITTEE APPOINTMENT: The City Manager presented a report dated February 19, 1970 which indicated that the term of Advisory Traffic Committee member Wayne Burnham will expire on March ll, 1970. The Traffic Committee members are appointed by the Mayor with the concurrence of the City Council. In response to an inquiry from Councilman Bowen, the City Manager reviewed the attendance record of Wayne Burnham. Following discussion, it was the general opinion of the Council to discuss this item further at the next regular meeting of the City Council. CLARIFICATION OF PLANNING COMMISSION APPOINTMENTS: The City Manager presented a report dated February 19, 1970 which stated that Planning Commissioners Sonia SonJu and Marshall Ricker were appointed to the Planning Commission positions formerly held by Commissioners Worley and Wilke. The report further explained that at the time of appointment, both new Commissioners were appointed to four-year terms of office; however, the term of Commissioner Wilke was due to expire on August 5, 1970, which would mean that one of the Commissioners should have been appointed to only a one-year term. Mayor Kenode stated that he would wish to appoint Mrs. Sonia Sonj u to the four-year term and to appoint Mr. Marshall Rtcker to the one-year term, following which it was moved by Councilman Noe and seconded by Councilman Bowen to concur in the ~ayor's appointments as stated. 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 EMPLOYMENT LIST FOR CLERK TYPIST: The City Manager presented a report dated February 24, 1970 reviewing the results of an open competitive examination which has been conducted for the position of Clerk Typist. It was moved by Councilman Noe and seconded by Councilman Harvey to certify the employment list for the position of Clerk Typist. 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 - 17 - Council Meeting February 24, 1970 city CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 23346 THROUGH 23429: It was moved by Councilman Bowen and seconded by Councilman Noe to approve the Commercial Warrant List for Warrants 23346 through 23429 in the total amount of $130,201.75. 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 SECOND READING OPdDINANCE lIE: AMENDING SECTION 23-17 OF CHAPTER 23 OF THE CYPRESS CITY CODE~ "EXTENSION OVER ROOF LINE:" It was moved by Councilman Harvey and seconded by Councilman Bowen to read the following Ordinance by title only. 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 Title of the Ordinance is as follows: ORDINANCE NO. 422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 23-17 OF CHAPTER 23 OF THE CYPRESS CITY CODE, '~XTENSION OVER ROOF LINE." It was moved by Councilman Bowen and seconded by Councilman Harvey to approve the second reading of this Ordinance. 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 SECOND READING ORDINANCE RE: AMENDING SECTIONS 25-17 AND 25-18 OF THE CYPRESS CITY CODE REGARDING THE TIME OF ACTION OF THE PLANNING COMMISSION AND CITY COUNCIL ON TENTATIVE MAPS: It was moved by Councilman Harvey and seconded by Councilman Noe to read the following Ordinance by title only. 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 Title of the Ordinance is as follows: ORDINANCE NO. 423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 25-17 AND 25-18 OF THE CYPRESS CITY CODE REGARDING THE TIME OF ACTION OF THE PLANNING COMMISSION AND CITY COUNCIL UPON TENTATIVE SUBDIVISION MAPS. It was moved by Councilman Harvey and seconded by Councilman Noe to approve the second reading of this Ordinance. 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: There were no oral communications at this time. At the request of Councilman Harvey, the City Manager reviewed the action which was planned by the Orange County Health Department to alleviate the fly breeding problems - 18- City Council Meeting February 24, 1970 which appear to exist in the County unincorporated area north of Crescent, adJacent to the Glen Park Subdivision° Councilman Kanel stated that he has received several calls over a period of time from parents of children participating in the baseball leagues at the Community Park, who have expressed concern in regard to the lack of protection from balls in the spectator areas. At the request of Councilman Kanel, the City Managerindicated that he would investigate the possibility of providing additional safeguards for the baseball activities at the Community Park. Mayor Kanodeexpressed his appreciation to the City Officials who artended the Grand Opening at the new Alpha Beta Supermarket, located at Ball and Bloomfield. ADJOURNMENT: It was moved by Councilman Noe and seconded by Councilman Bowen to adjourn the meeting at 10:15 p.mo 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 MAYOR OF THE CITY OF CYPRESS ATTEST: CITY OF CYP SS - 19 -