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Minutes 70-07-13 (4:00 p.m.)MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 13, i970 The regular meeting of the Cypress City Council was called to order at 4:00 p.m., on Monday, July 13, 1970, in the City tomnil Chambers, 5275 0range Avenue, Cypress, California, Mayor Pro Tam 0tto Lacayo presiding. PRESENT: Comxcilmen Harvey, Robarcs and Lacayo ABSENT: Councilman Km~ode and K~el Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson, and the following members of the City Staff: Dunlap, Poetthor, Schatzeder, and Putnam. It was moved by Councilmam Roberrs. seconded by Councilman Harvey and unanimously carried to adjourn at 4:01 p.m. to the Administrative Canference=Room~ CALL TO ORDER: The meeeting of the Cypress City Council was called back to order at 4:15 p.m., in the Administrative Conference Room, with the following Councilman present: PRESENT: Councilmen Harvey, Robarts and Lacayo ABSENT: Councilmen Kanode and Kanel Mrs. Royce Neuschatz, Eckbo, Dean, Austin & Williame Consultant, continued with the review of the preliminary draft of the Urban Townscape Element of the Canoral Plan, and presented slides showing various areas of the City and drawings of proposed landscaping. COUNCILMAN FANODE ARRIVED AT 4:21 p.m. Discussion was held relative to the implementation of the Townscape Plan, and the necessity to establish priorities. RECESS: Following discussion, it was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to recess at 5:35 p.m. until 7:30 p.m. ADJOURNMENT: Vice-Chairman Evans adjourned the meeting of the Cypress Planning Commission at 5:35 p.m. to its regular meeting scheduled ~or Thursdg, July 16, 19Y0, at 4:00 p.m. CALL TO ORDER: The meeting was called back to order at 7:30 p.m. in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tam Otto Lacayo presiding. PRESENT: Councilmen Harvey, Kenode, Robarts and Lacayo ABSENT: Mayor Kanel Also present were City Manager/City Clerk Dartell Essex, City Attorney J.m~s E. Erickson, and the following members of the City Staff: Dunlap, Poertner, Putnam, Scbatzeder, Nudson, Grissom, and Savord. Cit~'~cil Minutes July 13, 1970 PLEDGE OF ALLEGIANCE: At the request of Mayor Pro TemLacayo, Councilma~ Roberrs led the City Council and audience in the Pledge of Allegiance. MINUTE S: It was moved by Councilmem Robarts, seconded by Councilma~ Kayode and unanimously carried to continue the consideration of the Minutes to the next regular meeting of the City Council. PRESENTATION BY AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA FOR 5 YEARS PEDESTRIAN SAFETY: Mr. Stuart Wifktn'e~, 'r~presenting the Automobile Club of Southern California, presented Mayor Pro Tom Lacayo with a plaque in recognition of the City's pedestrian safety record. Mr. Wilkinson stated that the City of Cypress' pedestrian safety record surpassed all cities in Southern California with a population of over 15,000. Mr, Wilkinson then presented Chief Savord with an award for the outstanding performance by the Cypress Police Department. ORAL COMMUNICATIONS: Mr. Charles Bryant, Park and Recreation Director, addressed the Council relating an occurante at the Cypress College swimming pool on July 7, 1970, which could have resulted in a drowning had it not been for the quick action taken by Mr, Daniel Cas ti 11o. It was moved by Councilma~ Harvey, seconded by Councilmare Roberts and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Harvey, seconded by Councilm=- Roberrs and unanimously carried that the City Manager prepare a Resolution of Covm~ndation in recognition of Mr. Castillo's heroic action. CONSENT CALENDAR: The Mayor Pro Tern announced that all matters listed on the agenda under '~CO~SENT CALENDAR" were to be considered by the Council as routine and enacted by one motion approving the Reconmmndation on the Administrative Report concerning the matter. He further advised that any item listed under the consent calendar cotuld be removed at the request of a Councilman. The Ciuy Manager then presented the recommendations which were outlined in the reports~ It was moved by Councilman Roberts and seconded by Councilmam~ Lacayo to approve Items NOb 2 through 11 on the Consent Calendar. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Harvey, Kenode, Robarts and Lacayo None Mayor Kanel Item No. 2: 0range County Mosquito Abatement DistriC~ Minutes of June 18, 1970, Recommendation: Receive and file. Item No. 3: Audit Report for the period ending March 31, 1970. Recommendatio.n: That the City Council receive and file the audit report for the period ending March 31, 1970, which indicates no points of sufficient significance noted in the examination of the financial records of the City. Item No, 4: Notice of City apportionment of Vehicle License fees. Recommendation: That the City Council receive and file the notice of the motor vehicle license fee apportionment. -2 - City Council Minutes July 13, 1970,~- Item No. 5: Request for chm~ge of date for the St. Mary's Hospital Guild '~qight at the Races." Recommeudation: That the City Council grant the request of St. Mary's Hospital Cuild to waive the admissions tax on July 22, 1970 instead of the previously approvad date of June 25, 1970. Item No. 6: Rsquest to declare August 11 through August 18 as '%aw and Morality Week," from Chri'stians and Jews for Law and Morality. Recommendation: That the City Council proclaim the week of August 11 through August 18 as '%aw and Morality Week." Itsm No. 7: Authorization to make application for PUC Funds for Walker Street Project ~ Reconznendat~on: That the City Council by minute order approve an application to the PUC for an allocation from the crossing protection fund for the crossing of the SPRR at Walker Street (No. BBN 516.54) and authorize the Mayor to sign the application in behalf of the City and the City Clerk to attest the signature. Item No. 8: Acceptanceof Walker Street Improvements. Reco.mmendation: That the City Council accept the Walker Street Improvements from Cerritos Avenue to Katella Avenue and authorize the City Clerk to release the labor and materials bonds upon expiration of the required lien period providing no liens have bean filed and to release the faithful performance bonds upon expiration of one year guarantee period providing no defects in material or workmanship becomes evident ~ Item No. 9: Certification of ~mployment list for Civil Engineering Assistant, Recommendation: That the City Council certify the employment list for Civil Engineering ~ssistant. Item Noo 10: Certification of employment list for Clerk Typist. Recommendation: That the City Council certify the employment list for Clerk Typiat. Item No. 11: Certification of employment list for Receptionist Clerk. Recommendation: Clerk. That the City Council certify the employment list for Receptionist It was moved by Councilman Harvey and seconded by Councilman Roberrs to proceed to Item No. 14 on the agenda, and to continue until 8:00 p.m. at which time the Public Hearings will be held. The motion was unanimously carried by the following roll call vote: AYE S: 4 COUNCILI~EN: NOES: 0 COUNCIL~N: ABSENT: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kenel COMMUNICATION FROM MaYOR WILLIAM F. STOVAL, CITY OF SIGNAL HI~ URGING SUPPORT OF SENATE BILLS 966 AND 967: The City Manager presented a report dated july 9, 1970, which indicated that the City has received a communication dated June 15, 1970 f=om~MayoF Wi}liam F. Stovat, City of Signal Hill, urging the City CoOntit to support the adoption of Senate Bills 966 and 967 which call for the termination of unproductive oil leases. It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to receive and file this communication. -3- City Council Minutes July 13, 1970 CO~UNICATION DATED JUNE 29~ 1970 FROM STATE SENATOR RANDOLPH COLLIER URGING CITY COUNCIL TO ADOPT A RE'SOLUTION OPPOSING ANY DICTION 'OF 'THE dAS6~JN~ *A~:' The City Manager presented a report dated July 9, 1970 which indicated that the City has received a communication dated June 29, 1970 from State Senator Randolph Collier urging the City Council to adopt a resolution opposing any diversion of the Gasoline Tax. The report further indicated that these measures have been somewhat controversial in that several of the larger cities have proposed that Gasoline Tax funds could be appropriately used for rapid transit and other purposes. The report stated that the bill Senator Collier notes in his communication which would divert Gasoline Tax monies to educational purposes would definitely be in opposition to the intent of the Gasoline Tax, which was enacted to provide funds for highway facilities~ At the request of Councilman Harvey, the City Manager reviewed what had transpired at a previous meeting of the City Council regarding this subject, and indicated that the Council did not go in record in opposition due to the fact that they felt that there might be some additional uses which would be appropriate for Gas Tax monies. The City Manager indicated that this resolution would not have a significant impact on the City of Cypress, as the monies which the City receives are used for street and highway improvements, In =esponse to an inquiry from Councilmere Roberrs, the City Attorney indicated that should the bills pass, funds would immediately be available for air pollution, rapid transir, and a proportion of the funds allocated for educational purposes. The City Manager suggested that the Council might consider going on record in opposiulon to Assembly Bill 1320, which would be in opposition to the original intent of the Gasoline Tax. Following discussion, it was moved by Councilhum Roberrs and seconded by Councilman Kenode that the City Manager prepare a resolution directed specifically in opposition to Senate Bill 1320, and to authorize the City Manager to transmit copies of the resolution to the appropriate governmental bodies° The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanel COM~UNICErION FROM W.ILLI~..M H.: KR~.US, CITY MANAGER. ,. .CI. TY' OF ~OS ,.ALAMI, TOS .REQUESTING CITY COUNCIL TO APPOINT REPRESENTATIVE TO SERVE ON THE. STEEE. ING' .CO.M~.ITTEE. OF WESTERN ORANGE COUNTY CITIES: The City Manager reviewed a report dated July 9, 1970, which indicated that the City has received a communication dated June 22, 1970, from William H~ Kraus, City Manager, City of Los Alamitos, requesting that the City Council appoint a representative to serve on the Steering Committee to plan the tentative meeting of Western Orange County Cities scheduled for Thursday, September 17, 1970~ It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to continue this item to the next regular meeting of the City Council. RECESS: It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to recess at 7:55 pom. The meeting was called back to order at 8:02 p.m., with the following Councilmen present: PRESENT: Councilmen Harvey, Kenode, Roberrs and Lacayo ABSENT: Mayor Kanel -4- City Cotmcil Minutes July 13, 1970 CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING OR~.INANCE NO. 90, ZONE CHANGE Z-187: The Mayor Pro Tam announced this was the time and place for the continuarich of the Public Hearing to consider a~ amendment to the Zoning Ordinance No. 90, known as Zone Change No, Z-187. The Mayor Pro Tam announced the Public Hearing was open, and requested the Staff to present its report. The City Manager stated that the City has received a communication from Mr. 0,W. Norris, Creative Environment, Inc,, dated July 13, 1970, requesting a continuation of the Public Hearing due to a technical problem which, they indicated, could be resolved within a two week period. It was moved by Councilman Roberos and seconded by Councilmen Harvey to continue this Public Hearing to the regular meeting of the City Coumcil scheduled for August 10, 1970. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILM~N: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanel PUBLIC HEARING RE: CONSIDERATION OF AN APPLICATION FOR A SPECIAL PERET TO SOLICIT DOOR-TO-DOOR CANDY 'SA~ES IN '~{E dITY. OF .dyP.~s.$, rB~ '~5~ rE~T~R. iZE CO. ~ 2552 GLEN GREEN~ HOLLYEDODi CALIFORNIA: The Mayor Pro Tern announced this was the time and place for the consideration of an application for a special permit to solicit door-to-door candy sales in the City of Cypress, as requested by Boys Enterprize Company, 2552 Glen Green, Hollywood, California. The Mayor Pro Tam declared the Public F~aring open, and requested the Staff to present its report. The City Manager indicated that a representative from the Boys Enterprize Company would not be able to artcud the Hearing due to an illness in the family, He suggested that the City Council may wish to postpone this matter. It was moved by Councilman Harvey and seconded by Councilman Roberrs to continue this Public Hearing to the next regular meeting of the City Council scheduled for July 27, 1970o The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanel CO~UNICATION FROM COUNTY PROBATION OFFICER OUTLINING A PROPOSAL TO CONDUCT A CO~fi~UNITY SERVICES PROJECT: The City Manager reviewed '~ ~p~'~ a~ea july 9, 1970, which indicated the City has received a communication dated June 29, 1970, from Margaret Co Grief, County Probation Officer, outlining a proposal to conduct a demonstration co~nunity services project in Orange County, and requesting the City Council to deterndne whether or not the City would be interested in participating in a project of this nature. It was moved by Councilman Harvey and seconded by Councilman Roberrs to authorize the City Manager to notify the County Probation Department of a tentative interest in the community services project, and to request the City Manager and Staff to conduct further studies to deterurine the type of program which might be utilized in the City of Cypress. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanel .R~.QUEST FROM CYPRESS BOB. BY SOX LEAGUE TO PARTICIPATE IN THE ALL STAR TOURNAMENT BY PURCHASING AN AD: The City Manager reviewed a r~zt da~ed July 9, 1970, which -5 - City Co~¢_~Minutes July 13, 1970 indicated the City has received a request from the Cypress Bobby Sox League to participate in the All Star Tournament which is being hosted by the Cypress Bobby Sox League this year by purchasing an ad in the All Star Program for the amount of $50.00~ It was moved by Councilman Kenode and seconded by Comcilman Harvey to authorize an expenditure of $50.00 for the purpose of purchasing an ad in the Bobby Sox All Star Tournament Program, as outlined in the report. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Harvey, Kenode, Rob errs and Lacayo None Mayor Kanel COMMUNICATION FROMMR, DONALD W. GRANT AND DR. STANLEY WONG EXPRESSING CONCERN OV~.~ THE USE OF VACANT PROPERTY LCOATED ON THE NORTHWEST CORNER OF DE'~NI AND ORANGE AVENUE: The City Manager reviewed a report dated July 9, 1970, which stated the City has received a communication dated June 23, 1970, from Mr. Donald W. Grant, and a communication dated June 30, 1970 from Dr. St~uIley P. S. Wong, expressing concern over the use of the vacant property located on the northwest comer of Denni and Orange Avenue by mini bike riders and motor cyclists, and requesting that the City Council consider the adoption of ordinances controlling this activity. In answer to an inquiry from Councilmal Kenode, the Police Chief indicated that activity of this nature occurs on almost every vacant area within the City, and listed the areas where it is most frequent. In reply to an inquiry from Councilman Kenode, the City Manager stated that a number of calls have been received by the City regarding this matter. Following discussion, it was moved by Councilman Kenode and seconded by Councilman Harvey to direct the Staff to prepare a report and to draft an ordinance on this subject, to be brought back to the City Council for consideration. Councilman Harvey indicated that he had received many calls regarding this particular matter over the weekend of July 4, 1970. Councilman Roberrs indicated that he would like for the study to also include areas where an activity of this nature might be permissible. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanel CONSIDERATION OF STREET SWEEPIN9 PROPOSAL: The City Manager reviewed a report dated July 9, 1970 which indicated that the proposal to sweep streets in the City, submitted by Mro R. L. Baker, provides for these services on a weekly basis for the amount of $14.35 per hour, or on a hi-weekly basis for the amount of $14.80 per hour. The report stated that the Public Works Director has suggested that no action be taken on this matter at this time due to the fact that the City Council has authorized a weekly sweeping program on a trial basis which will commence on August let, and it would appear that this trial program should be conducted by the current contractor under the terms negotiated by the City Manager and the Public Works Director. The report further indicated that if, following the trial period the City determines to continue with contract sweeping services, it might be advisable to seek proposals on either a curb-mile or hourly rate from both the existing contractor and from Baker Sweeping Service. Councilman Harvey indicated that he had received a call from Mr. Baker, and that he stated that he would concur with the recommendation of the Staff. -6 - City Council Minutes July 13, 1~70 .~j) · It was moved by Councilman Harvey and seconded by Councilman Kenode to defer action on the street sweeping proposal submitted by Mr. Baker until October, 1970. The motion was unanimously carried by the following call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: AB SENT: 1 COUNCILMAN: Harvey, Kanode, Roberrs and Lacayo None Mayor Kanel CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS FOR JONATHAN STORM CHANNEL FROM KNOTT TO VALLEY VIEW: The City Manager presented a report dated 3uly 8, 1970, which stated that the Orange County Flood Control District has submitted a set of plans and specifications for construction of portions of the Jonathan Storm Channel with a request for approval by the City Council of same prior to construction, and indicated that the plans have been approved by the Board of Supervisors and bid opening date is set for July 20, 1970. The report further indicated that plans call for the construction of a covered reinforced concrete box section from Knott Street to approximately 1300 feet westerly of Knott Street, and construction of a reinforced concrete box conduit under the railroad tracks at the Valley View Street end of the project which will enter the Bolsa China Channel south of the railroad crossing. The report stated that construction of the Valley View crossing will require temporary detours and a reduction of traffic lanes during the construction period to one lane in each direction; however, since the crossing is located approximately mid-way between Carrites Avenue and Katella Avenue, traffic should have adequate space in which to merge to one lane in each direction. At the request of Councilman Harvey, the Public Works Director pointed out the location on the aerial map, and presented the Council with plans and specifications for review~ Following discussion, it was moved by Councilman Harvey and seconded by Councilman Kenode to approve the plans and specifications for construction of portions of the storm channel as shown on the plans titled, "Jonathan Sterm Channel -Bolsa Chica Channel through Valley View Street and from 1300 ft, westerly of Knott Avenun to Knott Avenue, Facility No. C02S03. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanel CONSIDERATION OF EXTENSION OF TIME ON SUBDIVISION AGREEMENT--TRACT #4377: The Public Works Director presented a report dated '~ul', "~j'f970~ WHICH indicated that the developer of Tract #4377, at the southeast corner of Valley View Street and Orange Avenue, has requested a one year extension of his bonds and agreements for the cotrepletion of the remaining public works improvements, in order to construct the remaining units in the model site area which will complete Tract #4377 in its entirety. The report further indicated that the City Council adopted a parkway policy for the development of parkways on residential streets and arterial highways, at its meeting of May 10, 1965, which requires a green ruffed parkway with street trees on Orange, Moody and Valley View Streets. The report stated that both the Tentative and Final Tract Maps were approved prior to the date of May 10, 1965, and that the City Attorney has advised that additional conditions can be added to the extension of time. In response to a question from Councilmen Roberrs, the Public Works Director indicated that trees are existing at the subject location at the present time. Mr. Lee J. Goldin, Vice-President, Larwin Company, Beverly Hills, California, addressed the Council stating that the conditions listed in the report would be acceptable with the exception of Condition No. 2, as he felt that the sidewalks - 7 - Ci~9o~ncil Minutes July 13, 1970 had been in public use for some time, and that it was improper to ask for their removal. In answer to an inquiry from Councilmen Roberrs, the City Attorney indicated that the denial of the request for an extension of time would require the applicant to proceed as quickly as possible under the existing agreement. It was moved by Councilmen Roberrs to deny the request for an extension of time for the Subdivision Agreement for the construction of improvements within Tract #4377. At the request of Councilmen Kenode, the Public Works Director pointed to the eubJ oct location on the aerial map, and explained that the condition would not require the renuval cf the entire sidewalk. He further con~nented that had the developer completed the subdivieion according to the original requirements, that added conditions could not have been considered; however, since the original date, subdivision requirements have been upgraded. Following discussion, it was moved by Councilman Roberrs and seconded by Councilman Lacayo to approve a one year extension of time for the Subdivision Agreement for the construction of improvements within Tract #4377 and that an amendment be added to the Subdivision Improvement Agreement incorporating the following conditions subject to approval of the City Attorney: 1. All legal and attorney fees for preparation of said extension be paid by Larwin Company. 2o Parkway on Valley View Street to be constructed in conformante with City of Cypress Parkway Policy, i.e., Valley View Street shall be developed as a "green" street and parkway shall be improved with automatic sprinkler system and turf a8 approved by the City Engineer. 3. Drainage of lots 30, 31 and 32 to be solved to the satisfaction of the City Engineer. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: i COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanei CONSIDERATION OF FINAL REPORT - CYPRESS LIGHTING DISTRICT NO.. 2: The City Manager indicated that since the final engi'neer's report was not available at this time for the Council to review, that perhaps the Council might wish to continue this item. It was moved by Councilman Roberrs and seconded by Councilmen Kenode to continue this item to the regular meeting of the City Council scheduled for July 27, 1970. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Laoayo None Mayor Kanel CONSIDERATION OF REQUEST ~p.qONSTRUC~ P~0T.0-TYPE HOUSE: The City Manager reviewed a report dated July 9, 1970, which indicated that the Building Department hae received a request from the Larwin Company to construct the second proto-type house within the City on an approved lot No. 128, Tract 6776, located south of Orangewood, west of Valley View. The report further indicated that the building - 8 - City Council Minutes July 13, 19~7~ ~7~l)j will include materials, pre-assembled panels, and methods of assembly which are not presently provided for in the Uniform Building Codes. The report stated that the architecture of the structure will resemble the single family homes in the subdivision, and the Building Department has completed a plan check of the building. In response to an inquiry from Councilman Lacayo, the City Manager indicated that the house would be a m~del in the sense that it is a proto-type; however, it is proposed that persons will reside in the house. At the request of Councilman Harvey, the Building Superintendent reviewed the status of the first proto-type house, stating that there have not been any problems thus far. In reply to a question from Councilman Robarts, the Building Superintendent stated that the proto-type house does conform to earthquake, and thermal standards, and that the wood is above grade, therefore there should not be a problem with termites. In answer to another inquiry from Councilman Roberrs, the Building Superintendent indicated that the proto-type home would result in an immediate investment savings as the assembly time is from sixteen to eighteen days. At the request of Councilman Kanode, the City Manager reviewed the conditions which were imposed on the first proto-type house. Mrs. David Ginns, 4573 Rainier Drive, Cypress, addressed the Council expressing concern as to the duration of time one of these homes would last. Councilman Lacayo replied that the conditions which were stipulated for the first such home seemed to be very adequate. It was r~ved by Councilman Harvey and seconded by CouncilmanKanode to authorize the construction of a proto-type house as outlined in the report, subject to the execution of a written agreement between the City of Cypress and the Larwin Company similar to that executed for the first proto-type house with the exception that the bond amount be increased to $4,000. Councilman Kanode requested that he be notified as to the construction date, as he followed the first proto-type house with great interest, Councilman Roberrs indicated that he would like a representative from the Larwin Company to give a presentation at a future meeting of the City Council, which would include the interesting features of the proto-type home. Following discussion, the motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Harvey, Kanode, Roberrs and Lacayo None Mayor Kanel CONSIDERATION OF AMENDMENT TO PERSONNEL RESOLUTION--VACATION: Dun to an error in the wording of the Resolution regarding the vacation period for City employees, it was moved by Councilman Harvey and seconded by Councilman Kanode to continue this item to the next regular meeting of the City Council, scheduled for July 27, 1970. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Harvey, Kanode, Roberrs and Lacayo None Mayor Kanel 9 City Cod~ei}'Minutes July 13, 1970 CONSIDERATION OF EXTENSION OF TIME FOR COMPLETION OF URBAN TOWNSCAPE PLAN: The City Manager presented a report dated July 9, 19'7'0'~ which indicated that the City has been advised by the Council of Intergovernmental Relations, which is an agency of the State of California involved in federally funded planning projects that the planning grant for the development of the Urban TownscapePlan expires July 14, 1970. The Cormnil of Intergovernmental Relations has requested the City Council to adopt a resolu~iun extending the contract completion date. It was suggested in the report that the extension be=granted for a 90-day period, In answer to an inquiry from Councilman Harvey, the City Manager stated that no additional costs would Be involved. It was moved by Councilman Harvey and seconded by Councilman Roberrs to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE EXTENSION OF THE TERMINATION OF THE CITY'S 701 CONTRACT WITH THE COUNCIL ON INTERGOVERNMENTAL RELATIONS, STATE OF CALIFORNIA. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMAN: Harvey, Kenode, Rob errs and Lacayo None Mayor Kanel CONSIDERATION OF URGENCY ORDINANCE TO PRE-ZONE A PORTION OF PROPERTY LOCATED IN ANNEXATION 69-6 TO 'S:d "(WItHWAY COM~.RCfAL): T~e Cit,~a~g~ '~ra&&ntea 'a '*eport dated July 9, 1970, which' indicated that the City has received a request from Hunt Enterprises, Inn,, as the purchasers of the 8.8 acres of property now owned by Mr. and Mrs. Bebereia, to pre-zone the property to H-C (Highway Comercial). Thereport stated that the property is currently zoned M-2 in the County, which would not be a compatible zone to the existing residential uses located immediately south of the subject property. Following discussion, it was moved by Councilman Roberts and seconded by Councilman Harvey to read the following urgency Ordinance by title only. The motion was unanimously carried by the following roll cell vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanel Title of the Ordinance is as follows: ORDINANCE NO. 436 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ORDINANCE CLASSIFICATION OF A CERTAIN PARCEL OF LAND TO H-C (HIGHWAY COMMERCIAL). It was moved by Councilman Roberrs and seconded by Councilman Harvey to adopt Ordinance No. 436. At the request of Councilman Lacayo, the City Manager pointed out the subject property on the aerial map. In answer to a question from Councilman Kanode, the City Manager stated that the 90-day period would take effect following completion of the annexation, should - 10 - City Council Minutes July 13, 1~70 it be successful. He indicated that should the annexation be successful, it would be advisable to adopt an urgency zoning classification for all properties in the annexation, following which a study would be made to determine the permanent zoning classificationso Councilman Kanode stated that although he was basically opposed to Urgency Ordinances~ he felt that this particular one is very necessary to the City. Following discussion, the motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Harvey, Kanode, Roberrs and Lacayo None Mayor Kanel CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT .~S~ .FO~ ~A~.R~N. TS N0. 24425 THROUGH 24541: It was moved by Councilman Roberrs and secondea by Councilman Kanode to approve the Commercial Warrant List for Warrants No. 24425 through 24541 in the total amount of $106,574.30. The motion was unanimously carried by the following roll call vote: AYES: NOES: AB SENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanel ORAL COMMUNICATIONS: Mr. Lee Goldin, Larwin Company, Beverly Hills, addressed the City Council requesting consideration of Tract #6839. Mr. Goldin stated that he was opposed to the requirement regarding the construction of a scalloped curb on Orange Avenue, westerly of Valley View Boulevard, as he felt that it would create a traffic hazard. It was moved by Councilman Kanode and seconded by Councilman Harvey to place this item on the agenda for consideration at this time. The motion was unanimously carried by the following roll call vote: AYE S: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kenel In answer to an inquiry from Cauncilman Kanode, the City Manager indicated that the scalloping was approved by the Planning Department and the Public Works Department in conjunction with the Urban Townscape Plan. He further indicated that the Public Works Department did agree to this matter as it would affect such a small area, which could easily be corrected, should it become necessary to do so. The Planning Director stated that this item was agreed upon by the Planning Comission and originally accepted by the Larwin Company. He explained that the new treatment was to be a trial in the particular area. In response to an inquiry from Councilm_~ Kanode, the Planning Director indicated that the scalloping would not affect the traffic lanes, and that the Orange County Road Department stated that they would have no objection. Considerable discussion was held regarding the feasibility of the scalloped curb line. Mr. Robert Hopkins, 4192 Avenida Madrid, Cypress, etated that he was concerned over the safety factors. - 11 - City Council Minutes July 13, 1970 Councilman Roberrs stated that he felt the Council had to consider whether or not they intend to follow the Townscape consultants reco~msndations for the treatment of Orange Avenue. ~e then indicated that he would be in favor of continuing this matter to allow time for further study. It was moved by CouncilmsA~ Robarts and seconded by Councilman Kenode to continue this item tothe next regular meeting of the City Council scheduled for July 27, 1970. At the request of Councilman Kenode, the Planning Director listed areas in which the Council could observe scalloped curbing. Councilman Lacayo stated that he would like to have photographs of scalloped curbing taken and presented to the City Council for its review. Since Councilman Harvey indicated that he would not be able to be present at the next regular meeting of the City Council, it was agreed by Councilman. Robarts and Councilman Kenode to amend their motion to continue this item to the regular meeting of the City Council scheduled for August 10, 1970. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Harvey, Kenode, Rob arts and Lecayo None Mayor Kanel It was moved by Councilman Robarts and seconded by Councilman Harvey to place the consideration of certification of employment lists for the positions of Custodian and Secretary on the agenda at this time. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanet It was moved by Councilman Harvey, seconded by Councilman Roberrs Lnd unanimously carried to certify the employment list for Custodian. It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to certify the employment list for the position of Secretary. It was moved by Councilma~ Roberts, seconded by Councilman Kenode and unanimously carried to place the consideration of Senate Bills 695,601 and 941, all of which would have a dramatic impact upon the authority of the City Council to locally legislate and control police benefits and over-all police expenditures, on the agenda at this time. It was moved by Councilman Roberts and seconded by Councilman Kenode that the City Staff prepare resolutions opposing Senate Bills 695,601 and 941, to be presented to the Council at its meeting of July 27, 1970. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanel It was moved by Councilman Roberrs and seconded by Councilman Kenode to place the consideration of forwarding monies to the City of Carmel in support of that City's effort concerning the litigation regarding the Disclosure of Assests of Public Officials, on the agendaatthis time. The motion ~as 'unani~ mously carried by the following roll call vote: - 12 - City Council Minutes July 13, 1970 AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanel It was moved by Councilman Roberrs and seconded by Councilman Kenode that the City of Cypress cantribute $100.80 to the City of Carmel in support of its victorious litigation, with a letter of transmittel draftedby the Staff, Councilman Lacayo indicated that the letter should be from Mayor Kanel, as well. At the request of Cooncilman Kenode, the City Attorney reviewed the background relative to the litigation, stating that the principle objection to the Bill was that a public official would be required to disclose all assets, even though they bore no relationship to the public office whatsoever, which was considered to be an invasion of privacy° Following discussion, the motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Harvey, Kenode, Roberrs and Lacayo None Mayor Kanel ssss p : It was moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously carried to go into an Executive Session at 10:00 p .m. for the purpoSeof discussing a personnel matter. The meeting was called back to order at 10:30 p.m,, with the following Councilmen present: PRESENT: Councilmen Harvey, Kenode, Roberrs and Lacayo ABSENT: Mayor Kanel ADJOURNMENT: It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to adjourn the meeting at 10:31 ATTEST: C K CYPRESS - 13 -