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Minutes 70-03-09MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 9, 1970 The regular meeting of the Cypress City Council was called to order at 4:00 p.m., on Monday, March 9, 1970 in the City Council Chambers, 5275 0range Avenue, Cypress, California, Mayor Pro Tam John Kenel presiding. PRESENT: Councilman Bowen, Harvey, Noe and Kanel ABSENT: Mayor Kenode Also present were City Manager/City Clerk Dartell Essex, City Attorney James E o Erickson, and the following members of the City Staff: Dunlap, Poertner, Nudson, Grissom, Schatzeder, Putnam, Savord and Robertson. MINUTES: It was moved by Councilman Bowen, seconded by Councilmen Harvey end unanimously carried to approve the Minutes of February 16, 1970 as mailed. It was moved by Councilman Harvey, seconded by Councilman Bowen and unanimously carried to approve the Minutes of February 24, 1970 as mailed. STAFF REPO.~TS AND DISCUSSIONS: The City Manager reviewed the various items contained in the Progress Report dated March 9, 1970. Discussion ensued regarding t he v a rious proposals which are being suggested for the ultimate development of the Los Alamitos Naval Air Station, and concern was expressed regarding the Orange County proposal to utilize the Naval Air Station for general aviation purposes, MAYOR KANODE ARRIVED AT 4:10 P.M., TOOK HIS PLACE ON THE PODIUMAND PRESIDED OVER THE REMAINDER OF THE MEETINC. The City Council agreed that since the City of Cypress had provided the leadership in opposing the expanded operations of the Los Alamitos Naval Air Station, that representatives from the City of Cypress should be involved in the planning and decision making for the ultimate development of the Air Station property. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place this item on the agenda for consideration. Following discussion, it was moved by Councilman Noe and seconded by Councilman Kanel that the City Manager be authorized to notify the appropriate governmental agencies that reporesentatives from the City of Cypress should be included in planning and decision making for the ultimate development of the Los Alamitos Naval Air Station property, since the Cypress City Officials provided the original leadership in opposing the expansion of the Naval Air Station. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanelm Noe and Kenode None None The City Manager advised the Council that representatives from the Larwin Company requested the City Council to reconsi~ez the following conditions in reference to the __ construction of the Proto-type house on an approved lot in Tract 6776. 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. 7. 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, the same as other models in the tract, of conventional design, to be built in a reasonable amount of time. City Council Minutes March 9, 1970 Following discussion, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place this item on the agenda for consideration. It was the opinion of the Council that Condition No. 4 should remain unchanged; however, after discussion, it was moved by Councilman Harvey and seconded by Councilman Bowen to amend Condition No. 7 to read as follows: 7. In the event the City Council determines that the structure is to be relocated, the Larwin Cor~0any will be required to either construct a home of comparable value to existing homes in the Tract, within a reasonable amount of time, or, completely clear the area, including the slab and the plumbing. 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 The City Manager advised the City Council that a request in the amount of $675.00 had been received from the firm of Eckbo, Dean, Austin & Williams to complete the revisions necessary in the lands caping plans for Orange Avenue adjacent to the storm drain channel. These revisions are required in order to develop a constant landscaping pattern for Orange Avenue, which will ultimately be integrated into the Urban Townscape Program. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place this item on the agenda for consideration at this time. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Bowen to approve the request of Eckbo, Dean, Austin & Williams for an additional $675.00, as outlined by the City Manager. 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 Bowen and seconded by Councilman Noe to appropriate $675.00 from the fund balance of the 1968 Drainage Bond Construction Fund, to Project #6854-20-0040. 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 The Police Chief, George Savord, reviewed the programs of the Police Department which have been developed to provide and control the use of narcotics and drugs. The City Council was provided with copies of informational materials which are used in these program, and which are distributed to both parents and students at various meetings conducted by the Police Department. Chief Savord advised the Council of the films which are also available through the Police Department for presentations in the local schools on the problems of narcotics and drug abuse. Chief Savord further advised the Council of the various conferences, training sessions and seminars which officers from the Police Department have attended to insure that the personnel in the Department are provided with the latest information regarding narcotics and drug problems. In response to an inquiry from Councilman Kanel regarding the need for additional appropriations for this program, Chief Savord indicated that he has not found it necessary to request a special appropriation for this program, and further indicated that the administration has consistantly recognized the needs of the Police Department. RECESS: It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to recess at 5:25 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: - 2 - City Council Minutes March 9, 1970 J,~ESENT: Councilmen Bowen, Kanel, Noe and Kanode ABSENT: Councilman Harvey Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap, Poertner, Putnam, Schatzeder, Grissom, Nudson, Savord. COUNCILMAN HARVEY ARRIVED AT 7:31 P .M. AND TOOK HIS PLACE ON THE PODIUM. PLEDGE OF ALLEGIANCE: Cypress Boy Scout Troop No. 207 led the City Council and audience in the Pledge of Allegiance. ORAL COMMUNICATIONS: There were no oral connnunications at this time. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to proceed to item no. 3 on the agenda and continue until 8:00 p.m,, at which time the Public Hearings will be heard. COMMUNICATION FROM BUENA PARK AMERICAN NEWSPAPER REQI~ESTING A~VERTISING REQUIRED IN THE CITY OF CYPRESS: The City M~aager reviewed a communication dated February 27, 1970 from Mr. Henry Watton, Managing Editor of the Buena Park American, advising the City Council that the Buena Park American has been declared a newspaper of general circulation, and requesting consideration for advertising required for the City of Cypress. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to authorize the City Manager to notify the Buena Park American that they will be included on the list of newspapers to provide a bid for City advertising contracts in the fiscal year 1970-71. COMMUNICATION FROM CITY OF NEWPORT BEACH REQUESTING SUPPORT FOR THE CALIFORNIA MARINE SANCTUARY ACT OF 1969: The City Manager reviewed a con~nunicatiun dated February 27, 1970 from the City of Newport Beach transmitting a copy of a Resolution expressing support for the California Marine Sanctuary Act of 1969. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to authorize the City Manager to direct a communication to Congressman Hanna and to the United States Senators from Californi~ supporting a measure which would assist in controlling the pollution of the California coast by oil and gas producing facilities. COMMUNICATION FROM LOCAL AGENCY FORMATION COMMISSION RE: PROPOSED DETACHMENT OF PORTION OF BUENA PARK FROM CYPRESS RECREATION AND PARK DISTRICT: The City Manager reviewed a communication dated March 2, 1970 from Mr. Richard T. Turner, Executive Officer of the Local Agency Formation Cormmission, notifying the City of a proposed detachment from the Cypress Recreation and Park District of portions of the City of Buena Park, which will be the subject of a hearing scheduled before the Commission on March 25, 1970, and requesting the City Council to submit a report regarding this matter by no later than March 13, 1970. The report further indicated the location of the detachment as being on the northwest corner of Lincoln ~nd Knott. Councilman Noe stated that he wished the record to reflect that since he is a member of the Local Agency Formation Commission, he would not enter into the discussion, and would abstain from voting on this item. It was moved by Councilman Harvey and seconded by Councilman Kanel to authorize the City Manager to notify the Local Agency Formation Commission that the City of Cypress has no objection to the proposed detachment as outlined in the report. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMAN: Bowen, Harvey, Kanel and Kanode None None Noe - 3- City Council Minutes March 9, 1970 COMMUNICATION FROM.CyPRESS COLLEGE .REQUES.~I.N.G PARTICIPAT~0N IN CYPRESS COLLEGE'S PUBLIC FORUM ON POPULATION AND POLLUTION: The City Manager reviewed a cormnanication dated March 3, 1970 from Mr. Eric Gruver, Instructor of Philosophy at Cypress College, requesting the City to designate a representative to participate in Cypress Coilege's Public Forum on Population and Pollution on Saturday, April 18~ 1970~ The communication further requests the Mayor and City Council to designate the week of April 19, 1970 as Cypress Environmental Week in conjunction with National Envixonmental Week~ Councilman Bowen stated that he felt the Council should have more information concerning this matter before action is taken. Following discussion, it was moved by Councilman Bowen and seconded by Councilman Harvey to continue the consideration of this item 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 COMMUNICATION FROM LONG BEACH COMMUNITY HOSPITAL AUXILIARY .REQ.UESTING WAIVER OF ADMISSIONS TAX FOR ANNUAL BENEFIT HORSE SHOW: The City Manager reviewed a cormmunication dated March 4, 7970 from Mrs. Stephanie Swanson, Ways and Means Chairman oi the Long Beach Connnunity Hospital Auxiliary, requesting a waiver of admissions tax for the Annual Benefit Horse Show scheduled at the Los Alamitos Race Track for May 22, 23 and 24, 1970o The report indicated that the City Council in the past has determined that the organization and its activities are of a non- profit sta~us, and therefore, have granted waivers of the admissions tax° It was moved by Councilman Noe and seconded by Councilman Harvey to grant the request for a waiver of admissions tax as requested in the connnunicationo 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 COMMUNICAIiON FROM ORANGE COUNTY MOSQUITO ABAT. EMENT DISTRICT TRANSMITTING BOARD OF TRUSTEES MEETING MINUTES: The City Manager reviewed a communication dated March 6, 1970 from Mrl Jack No Kimball, District Manager of the Orange County Mosquito Abatement District, transmitting a copy of the MInutes of the Board of Trustees' Meeting held February 19, 1970o It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to receive and file this communication. r o , which reviewed the information which had been provided to the City from the management of the Lincoln Center Mobile Home Perk, which is the only mobile home park presently located within the City~ Councilman Bowen expressed an interest in obtaining the proposed Ordinance regulating mobile home pc%ks, which has been developed by the City of Anaheira. Councilman Harvey compared the rules and regulations of the Lincoln Center Mobile Home Pack dated October 10, 1969, and February 25, 1970, and expressed concern over the changes which had been made by the management. Councilman Harvey further reviewed the problems of mobile home regulations and unfair practices which have been reported by the press~ Councilman Harvey also presented the City Council a letter, which was read in full, from a former resident of the Lincoln Center Mobile Home Park, which outlined several of the problems at the mobile home park. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to consider Item No~ 1 on the agenda at this time, and to continue this item after the Public Hearings, CONTINUATION OF PUBLIC HEARING RE: CONSIDERATION OF AN AMENDMENT TO ZONING ORDINANCE NOo 90 TO PERMIT CARPORTS IN LIEU OF GARAGES IN ALL R-3 AND R-4 DEVELOPMENTS: The -4- City Council Minutes March 9, 1970 Mayor announced this was the time and place for the continuation of the Public Hearing to consider an amendment to the Zoning Ordinance No o 90 to permit carports in lieu of garages in ell R-3 and R-4 developments. The Mayor announced the Public Hearing open and requested the Staff to present its reports. The City Manager reviewed a report dated March 5, 1970, which stated that the affidavit of posting of the Notice of Continuation of this hearing is o~ file in the office of the City Clerk and no written communication either in favor of or in opposition to the proposed amendment have been received. At the request of Councilman Harvey, the Planning Director reviewed a report which stated that the proposed amen d m e nt would allow carports in lieu of garages in multiple-family developments, provided the carports have been architecturally intograZed with the design of the main stucture, and that any covered parking spaces within 60 feet of the front property line would still have the garage doors~ Discussion ensued, and at the request of Councilman Kanel, the Planning Director stated that he would bring diagrams and slides to show at the next regular meeting of the City Council, which would help to clarify this matter° It was moved by Councilman Kenel and seconded by Councilman Noe 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 Kenode None None PUBLIC HEARING RE~ CONSIDERAT.ION OF AN APP~ICATIQN FOR S~ECIAL PERMIT TO ALLOW DOOR-TO-DOOR SOLICITATION OF CANDY SALES IN THE CITY OF .CYPRESS: The ~ayor announced this was the time and place for the Public Hearing to consider an application for a Special Permit to allow the solicitation of candy from door-to-door in the City of Cypress, as requested by Mr, Grcver Goodwin on behalf of Boys With a Future, 4700 Budlong Avenue, Los Angeles, California, The Mayor declared the Public Hearing open and requested the Staff to present its repor~o The City Manager presented a report dated March 5, 1970 which stated the affidavits of publication and posting of the Public Hearing notices on this matter are on file in the office of the City Clark~ The report indicated that acommunication dated February 27, 1970 from Mz~ Louis Lo Selby, 5204 Melbourne Drive, Cypress, California, has heen received and will he read into the record of the Public Hearing° The repoxt further indicated that based on the Police Department's investigation, the organization is not a non-profit organization, and the solicitation is handled by recruiting boys in the area of the solicitation whose identity could not be furnished the Police Department, and further. that Mr. Grover Goodwin has had a prior conviction for disturbing the peace. I~e City Manager then read in full a letter dated February 27, 1970 from Mr. Louis L. Selby, which stated that he was concerned with the general subject of home solicitations in the fozm of sales of candy or other such merchandise by outside groups. Mr. Grcvez Goodwin, 4700 Budlong Avenue, Los Angeles, addressed the Council stating that he had never stated that his was a charitable organization, and explained that it was designed to give boys a chance to learn to sell. He indicated that what he desired was a business license. Councilman Bowen advised the applicant chat in order to sell from door-to-door, a solicitation permit would be necessary~ In response to an inquiry from Councilman Kanel, the applicant stated that the Budlong addIces was his home, and that the fifteen to twenty boys in the organization do not live there; however, they do operate from that address. He indicated that -5 - City Council Minutes March 9, 1970 all of his recruiting is done from the Los Angeles area. Councilman Kanel asked the applicant why his group would rather operate in Orange County, when Los Angeles ie such a large area, to which the applicant stated that he felt there would be less competition in Orange County than there would be in Los Angeles. Councilman Harvey indicated that the City has had a problem with persons coming to the City in order to make a quick sale, and that recently there have been groups operating without permits. Council Bowen explained that the City is apprehensive about issuing door-to-door solicitation permits as it has grown so rapidly and there have been a large n-~er of persons wishing to sell in the tomunity. The City Attorney advised the Council that the applicant had failed to indicate his prior arrests and convictions on the application. Discussion ensued in regard to the various groups from the community which the City desires to support, ~nd it was the general opinion of the Council that residents would prefer to contribute to these organizations rather than to ones originating outside of the City. Mro Charles Bryant, 9331 Julie Beth, Cypress, addressed the Council speaking in opposition to the granting of the Special Permit. There being no further written communications or oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kenel end seconded by Councilman Noe to deny the application for a Special Permit as it was deteTmined that the request would not comport with the peace, health, safety, convenience, good morals and general welfare of the Public. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMIEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CONTINUATION OF CONSIDERATION OF MDBILE HOME PARK REGULATIONS: Councilman Harvey stated that he has '~is'duse'ed 'this' mat'tar with Several residents of the Lincoln Center Mobile Home Park, and feels strongly that the City Council should give consideration to adopting a Resolution similar to the one adopted by the City of Stanton. which requests action on the part of the state legislature in regulating mobile home parks. Mayor Kenode suggested further study to determine whether or not this matter can be handled by local legislation rather than by state law. The City Attorney advised that several measures of this type are under consideration at the present time by the state legislature. Following discussion, it was moved by Councilman Kenel and seconded by Councilman Harvey to endorse the City of Stanton Resolution pertaining to the control of mobile home parks. Mayor Konode indicated that he was opposed to encouraging state laws without a determin- ation as to whether the problem can be handled at the local level, and for this reason, he would be voting against the motion. Councilman Kanel indicated that after reading a considerable amount on this subject, he feels that there is a seriousness involved that will need to be controlled at the State level. Mrs. W. R. Immel, Space No. 205, Lincoln Center Mobile Home Park, addressed the Council stating that she felt that the problems have been extremely magnified, and that she and many of the residents of the Park are very content with the manner in which the Park is operated. -6 - City Council Minutes March 9, 1970 In response to an inquiry from Councilman Kanel, Mrs. Irareel replied that she is not related to anyone connected with the management of the Park; however, she does operate a dry cleaning establishment at the Park during the evenings. Mrs. I~mnel stated that she feels the Council has obtained opinions from the minority, and that there is a need for their rules and regulations. In response to questions from the City Council, Mrs. Inm~l reviewed the conditions at the Lincoln Center Mobile Home Park, and suggested that the problems that are encountered in mobile home parks could be resolved by providing more areas for mobile home park development. Councilman Noe stated that the City Council should obtain additional information on this matter, The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 1 COUNCILMAN: ABSENT: 0 COUNCILM~N: ABSTAINED: 1 COUNCILMAN: Bowen, Harvey and Kanel Mayor Kenode None Noe It was moved by Com~cilman Kanel and seconded by Councilman Bowen that the Staff conduct further studies regarding mobile home park r e gulations and prepare a report for City Council consideration. 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 RECESS: Mayor Kenode declared a recess at 9:31 p.m. The meeting was called back to order by Mayor Kenode, at 9:47 p.m. with all Councilmen present. CONTINUATION OF CONSIDERATION OF ADVISORY TRAPFIC COMMITTEE APPOINTMENT: The City Manager reviewed a ¥epo~t dated March 5'j 19'70, which stated"6hat the appointment of Wayne Burnham as an A~visory Traffic Committee member, will expire on March 11, 1970. The report reviewed Mr. Burnham's record of attendance, and stated that Traffic Committee members are appointed by the Mayor with the concurrence of the City Council for a two-year term of office. In response to an inquiry from Mayor Kenode, the City Manager stated that the Advisory Traffic Committee meetings are normally held on the second Friday of each month, at 3:00 p.m. Mayor Kanode stated that if the Council would have no objections, he would like to appoint Mr~ Earl Zynda to the position. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the Mayor's recommendation of appointing Mr. Earl Zynda to serve on the Advisory Traffic Committee. 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 AGREEMENT BETWEEN LARWIN COMPANY AND CITY FOR IMPROVEMENT OF ORANGE AVENUE AND JUANITA STREET (DIVISION OF. LAND NO. 21): The City Manager reviewed a report dated February 3, 1970 from the Public Works Director, which indicated that construction of Orange Avenue from the East City limits to the West City limits as a County Arterial Highway Financing Project designated as A.H.F.P. #514, includes within its limits the street frontage of property at Orange Avenue and Juanira Street. The report further indicated that Division of Land #21 by the Larwin Company required the improvement of the Orange Avenue and Juanits Street frontage, and the Larwin Company has requested that their improvements be included in the City's AoH.F.P~ project, and have signed an agreement and posted a check -7- City Council Minutes March 9, 1970 in the amount of $8,554.00 to cover the cost of these improvements. Discussion ensued as to the location of the project and what the project would entail. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the agreement with the Larwin Cormpany to include required street improvements on Orange Avenue and Juanits Street with City Project No. 74)OJ-10-0514, subject to approval of the Brm of agreement by the City Attorney and to authorize the Mayor to sign the agreement 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, Kenel, Noe and Kenode None None CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMENT BETWEEN CITY OF CYPRESS AND ANAHEIMUNION HIGH SCHOOL DISTRICT FORT HE CONSTRUCTION OF A MASTER PLAN STORM DRAIN FOR THE HIGH SCHOOL PROPERTY, PROJECT 7039-20: The City Manager reviewed a report dated March 4, 1970, which stated that the City's Master Plan of Drainage indicates a Master Plan Storm Drain from the Carbon Creek Channel approximately midway between Walker Street and Valley View extending northerly to approximately the mid point of the quarter section° The report further indicated that construction of this storm drain will be necessary to provide adequate drainage for the high school site o It was moved by Councilman Bowen and seconded by Councilmen Noe to authorize the City Manager and Public Works Director to develop in cooperation with the Anaheim Union High School District Board of Trustees, a Joint-Powers Agreement for the construction of the Master Plan Storm Drain as outlined in the City Menager's report. In response to an inquiry from Councilman Bowen, the Public Works Director advised that it will take approximately two years for the completion of the High School. At the request of Councilmen Harvey, the Public Works Director pointed out the location of the Storm Drain, and explained that the existing storm drains would not be adequate to handle drainage on the 40 acre site. 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 RESCINDING "NOTICE TO PROCEED" ISSUED TO BUtCOLA AND CARLOS FOR CYPRESS STORM SEWER PROJECT WS-6-05-0302, CITY PROJECT NO, 6 854~20-0000t SCHEDULE "C": The City Manager presented a report dated March 4, 1970, which stated that the firm of Butcola end Carlos was awarded the contract for Schedule "C" of the Cypress Storm Sewer Project. Their work of landscaping was to begin when the other contractors were finished, and were issued a '~otice to Proceed" on Janual~] 19~ 1970; however, =he start of the project has been delayed due to design changes by Eckbo, Dean, Austin and WilliamS, which changes the concept of the landscaping in the retarding basin and coordinates the Orange Avenue landscaping plan with .the Townscape and Urban Design Progzamo The report further indicated that as soon as a revised cost estimate isfurnished by the contractor, the proposal will be submitted to the Council for consideration. It was moved by Councilman Noe end seconded by Councilman Bowen to authorize the Public Works Director to rescind the '~otice to Proceed" issued to Butcola and Carlos on January 19, 1970 and to issue a new notice after the Council approves the change. 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 - 8- City Councit ~i~utes March 9, 1970 CON.SIDERAT%ON OF PROPOSED AGREEMENT BETWEEN CITY OF CYP.I~.SS AND CO.UNTY OF ORANGE REGARDING THE USE" OF THE PROFERTY AT TH.E NORT~.WE~ CORNER OF MOODY AND CER~ITOS FOR A FIRE STATION: The City Manager presented a report dated 'M~ch 5, 1970 which stated that the City has received an Agreement, prepared by the County Counsel of Orange County, providing for the City to acquire the property located at the northwest comer of Cerritos and Moody, assigning the County the right of occupancy and and agreeing to a 50-year lease at a rats of $1.00 a year with Orange County for the purpose of constructing a fire station facility. The report indicated that the County agrees to develop the permanent fire station facility within one year from the execution of the lease, which will be prepared and submitted to the City Council at a later date. The Agreement further provides that if the City terminates the contract for fire protection services during the term of the lease, the County will quitclaim their interest to the City upon payment by the City of a sum equal to replacement costs of all improvements, calculated as of the date of transfer, leas depreciation, at the rate of 2% per year for the expired period of the lease. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Kanel to approve the Agreement with Orange County for the development of a permanent fire station site on the northwest comer of Moody and Cerrltos as outlined in the report, and to authorize the Mayor to sign and the City Clerk to attest the Agreement, subject to approval as to form by the City Attorney. 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 EXTENSION OF EMPLOYMENT OF TEMPORARY ~UBLIC WO.I~KS INSPECTOR: The City Manager presented a report dated March 5, 1970 requesting a 30 day extension for the employment of Mr. Frank Birkinshaw as temporary Public Work's Inspector. Following discussion it was moved by Councilman Noe and seconded by Councilman Kanel to confirm the third 30 day extension on this appointment to April 9, 1970. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowart, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS 23438 THROUG~ 23536, AND 23430 THROUGH 23437: It was moved by Councilman Bowart and seconded by Councilman Noe to approve the Commercial Warrant List for Warrants 23438 through 23536 in the total amount of $176,188.88, and Commercial Warrant List for Warrants 23430 through 23437 in the total amount of $29,691.00. The marion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCIl: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None SECOND READING ORDINANCE RE: ORDINANCE OF THE CITY COUNCIL pF THE CITY OF CYPRESS APpROVING THE ANN.~XATION OF CERTAIN UNIN]{ABITED TERRITORY: 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 Kenode None None Title of the Ordinance is as follows: ORDINANCE NO. 424 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIONATED AS "ANNEXATION NO. 69-5" TO THE CITY OF CYPRESS. -9 - City Council Minutes ~rch 9, 1970 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: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None SECOND READING ORDINANCE RE: AMENDMENT TO ZONING ORDINANCE NO. 90, KNOWN AS ZONE CHANGE NO. Z-185: 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. 425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO C-0 (COMMERCIAL OFFICE) ZONE CHANGE NO. Z-185. It was moved by Counncilman Harvey and seconded by Councilman Kanel 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: AMENDMENT TO ZONING ORDINANCE TO ADD AN "0" ZONE TO PERMIT THE EXTRACTION OF MINERAL RESOURCES SUBJECT TO THE ISSUANCE OF A CONDITIONAL USE PERMIT: 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: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None Title of the Ordinance is as follows: ORDINANCE NO. 426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY AMENDING SECTIONS 120.2E, l17-Bol THROUGH 117-B.5, AND ADDING PART 17-B, SECTIONS l17-B.1 THROUGH 117-B.3, THERETO, ESTABLISHING A COMBINING OIL DRILLING ZONE. It was moved by Councilman Noe and seconded by Councilman Bowen to approve the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIIJ4EN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None SECOND READING OF ORDINANCE RE: ESTABLISHING REGULATIONS FOR MOBILE X-KAY UNITS: It was moved by Councilman Noe and seconded by Councilman Bowen to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: - 10 - City Council Minutes March 9, 1970 · .?. ~ AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Title of the Ordinsnce is as follows: ORDINANCE NO. 427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING ARTICLE IV TO CHAPTER 13 OF THE CYPRESS CITY CODE ESTABLISHING REGULATIONS FOR MOBILE X-RAY UNITS It was moved by Councilman Noe and seconded by Councilman Kanel to approve the second reading of this Ordinance. 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 ORAL COMMUNICATIONS: There were no oral communications at this time. Discussion ensued concerning the work which the Citizen's Committee, under the leadership of Mrs. Sharron Pritchett, had performed in opposing the Los Alamitos Naval Air Station expansion, and it was suggested by Councilman Kanel that a Resolution of Commendation be presented to Mrs. Pritchett in recognition of her efforts. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place this item on the agenda for consideration at this time. At the request of Mayor Kanode, Mrs. Pritchett reviewed the discussions which had been held at the Buena Park Airport Commission meeting regarding the Los Alamitos Naval Air Station. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Bowen and unanimously carried that the City Manager prepare a Resolution of Commendation in recognition of Mrs. Pritchett's efforts. Mayor Kanode suggested that a Resolution of Condolence be presented to Mrs. James B. Utt, due to the recent loss of her hasband, Congressman James B. Utt. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to place this item on the agenda. It was moved by Councilman Bowen, and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS EXPRESSING ITS SINCERE CONDOLENCES IN THE DEATH OF CONGRESSMAN JAMES B. 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 Councilman Harvey suggested that the Staff investigate the need for a new fence at the Pepper Tree Park and attempt to remove the markings which are on the south side of the block wall at the northern side of the park. ADJ OUREMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to adjourn the meeting at 10:20 p.m. ATTEST: / /~ CITY CLERK OF THE CIT~OF CYPRESS -11-