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Minutes 70-09-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 14, 1970 The regular meeting of the Cypress City Council was called to order at 4:05 p~m~, on Monday, September 14, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kamode, Lacayo, Roberts and Kanel ABSENT: None Ajtso present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap, Poertner, Putnam, Scha~zeder,Grissom and Sweet~ MINUTES: It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried with an abstaining vote by Councilman Harvey as he had not been present at that meeting, to approve the Minutes of July 27, 1970 as presented. It was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried with abstaining votes by Councilmen Lacayo and Roberrs as they had not been presenL at that meeting, to approve the Minutes of August 24, 1970 as mailed. It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried with an abstaining vote by Councilman Lacayo as he had not been present at that meeting, to approve the Minutes of the morning session of the Adjourned Regular Meeting of August 31, 1970 as mailed. At the request of Mayor Kanel, it was moved by Councilman Roberrs, seconded by C~ncilman Lacayo and unanimously carried to continue the consideration of the Minutes of the evening session of the Adjourned Regular Meeting of August 31, 1970. The Mayor announced that a Joint meeting with the Cypress Planning Commission had been scheduled for the afternoon session of the City Council meeting. Vice-Chairman Evans called the meeting of the Planning Commission to order at 4:10 p~m~, with the following in attendance: PRESENT: Commissioners Ricker, SonJu, Warren and Evans ABSENT: Chairman Cardoze It was msved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to place the consideration of the traffic problem on Juanira Street on the ~genda as Item No. 6 a. AD3OURNMENT: At ~his Lime, it was moved by Councilman Harvey, seconded by Councilman Roberts and unanlmoasly carried to adjourn the meeting of the City Council to the Employees L.~unge, 5275 Orange Avenue, Cypress, for the purpose of a Joint meeting w~h the Pl~fnning Conmission, at 4:20 p.m. it was m~e~ by Commissioner Rtcker, seconded by Commissioner Warren and unanimously carried t~! adjourn the meeting of the Planning Commission to the Employees Lounge at 4:21 p~m City Council Minutes September 14, 1970 CALL TO ORDER: The meeting was called back to order at 4:24 p.m., with the following in attendance, and with }fayor John Kanel presiding. PRESENT: Councilmen Harvey, Kenode, Lacayo, Roberrs and Kanel AB SENT: None The meeting of the Planning Commission was called to order at 4:25 p.m., by Chairman Robert Cardoze, with the following in attendance: PRESENT: Comisaioners Ricker, SonJu, Warren, Evans and Cardoza ABSENT: None The City Manager announced that the purpose of the Joint meeting between the members of the City Council and the Planning Conm]ission was to discuss various areas of concern. Each Councilman and Comissioner then expressed his viewpoints relative to this issue. It was the opinion of the City Council and Planning Commission that a communication problem exists, and that by having Joint meetings on a more frequent basis this problem might be corrected. Also discussed was the need for clarification as to the duties of the Commissioners, and the need for more publicity to encourage citizen interest in important items which come before the Planning Commission. A general discussion was held regarding the Townscape Element of the General Plan, SE S!QN: At this time, it was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to go into an Executive Session at 5:10 p.m., for the purpose of discussing a matter of Personnel. Chairman Cardoze declared a recess of the Planning Commission at 5:11 p.m. The meeting was called back to order at 5:45 p.m., with all Commissioners present. AD4OFm mNT: Chairman Cardoze adjourned the meeting of the Planning Commission at5:45 p.m., to the next regular meeting of the Planning Conm~ission. RECESS: The meeting of the City Council was called back to order at 6:20 p .m. Mayor Kanel declared a recess at 6:21 p.m. to 7:30 p.m. CAI~_L TO ORDER: The meeting was called back to order at 7:36 p.m., in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor 3ohn Fanel presiding. PRESENT: Councilman Harvey, Kenode, Lacayo, Roberrs and Kanel AB SENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickaon and the following members of the City Staff: Dunlap, Poetthor, Putnam, Schatzeder, Grissom, Sweet and Savord. PLEDGE OF ALLEGIANCE: Girl Scouu Caderrs Troop No. 1626 led the City Council and audience in the Pledge of Allegiance. -2~ City Council Minutes September 14, 1970a,!>3 CONSIDERATION OF THE AWARD OF CONTRACT FOR THE MAINTENA~_qE OF CYPRESS TRAFFIC SIGNALS: The City Manager presented a report from the Public Works Director which indicated that the City's contract for Traffic Signal Maintenance expired on September 13, 1970, and then reviewed a supplemental report dated September 11, 1970, from the Public Works Director, which reviewed the tabulation of the bids received from the E. D. Johnson Electrical Company and Traffic Signal Maintenance Company. In response to an inquiry from Councilman Lacayo, the City Manager stated that the Traffic Signal Maintenance Company has satisfactorily maintained Cypress Traffic Signals for the past five years. It was moved by Councilman Lacayoand seconded by Councilman Kenode that the lowest and best bid received was submitted by the Traffic Signal Maintenance Company, and to award the contract for maintenance of Cypress Traffic Signals to the Traffic Signal Maintenance Company, Inc. at the contract bid prices quoted in the proposal. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None ORAL CO}~UNICATIONS: There were no oral connunications presented at this time. At this time, Councilman Harvey indicated that he would be very much in favor of establishing a new policy whereby no new item on the agenda would be considered by the City Council after 11:00 p.m., and that any items left on the agenda after that hour would be considered at 7:30 p.m. on the following Monday. Discussion ensued regarding the possibility of establishing a time limit an the speakers addressing the Council, as well as =he length of debate for members of the City Council. It was moved by Councilman Harvey, seconded by Councilmen Kenode and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried that the City Council not consider any new item after 11:00 p.m. this evening, and that the Mayor study the problem of placing time limits on speakers and the length of time allowed for debate. It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to proceed to Stem No, 2 on the agenda, and to continue until such time as the Public Hearings are scheduled to be held. CONSENT CALENDAR: The Mayor announced that all matters listed on the agenda under "CONSk'N'T'CALENDAR" were to be considered by the Council as routine and enacted by one motion approving the Reconnendation on the Administrative Report concerning this matter. He further advised that any item listed under the consent calendar could be removed at the request of a Councilman. It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to approve Items No. 2, 3 and 4 on the consent calendar. Item No~ 2: Certification of employment lists for Police Officer, Police Dispatcher and Maintenance Man I. Reconnendation: That the City Council certify the employment lists, as submitted, for the above classifications. -3- City C~ Minutes September 14, 1970 Item No. 3: Certification of employment lists for Police Agent, Gardener and Maintenance Man II. Recommend, at. iqn:' That the City Council certify the employment lists, as submitted, for the above classifications. Item No. 4: Orange County Mosquito Abatement District Minutes of meeting held August 20, 1970. Reconmendation: That the City Council receive and file these minutes. In response to an inquiry from Councilman Roberrs regarding the employment lists, the City Manager indicated that no preference is given to applicants who reside in the City of Cypress. C_ONSIDERATION OF TRAFFIC CONDITIONS ON JUANIT~.ST.P, EET: Councilman Harvey stated that he bad artended a meeting of h0meowners on September 8, 1970, who met to discuss the traffic problems which are prevalent on Juunita Street. Councilman Harvey then read a report which related the hazardous conditions which exist relative to excessive speeding, and indicated that after studying this matter, the residents of the area reconnended that Juanits Street be closed to through traffic at a point inmediately north of the Flood Control Channel; that police surveillance be increased; and that speed bumps be installed. Councilman Harvey further indicated that a petition with over two-hundred signatures of concerned citizens is in circulation, which requests the closing of Juanits Street to through traffic. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Kenode to refer this matter to the Advisory Traffic Comittee for consideration at its meeting of September 18, 1970, with a report on its findings to be brought to the City Council at its meeting of September 21, 1970. Mr~ Harry Ames, 9752 Juanits Street, Cypress, addressed the Council stating that approximately twenty residents of Juanits Street timed vehicles traveling on that street for a period of eighteen hours, and found that a total of 625 persons had operated their vehicles in excessive speed. He further indicated that he would be happy to furnish information regarding the recommendation for a cul-de-sac to the Advisory Traffic Committee, should the Committee desire. In response to an inquiry from Mayor Kanel, Mr. Ames indicated that the age group of the offenders was not noticed. Countlimes Kenode indicated that he did not feel that the youth should be singled out as traffic violators. Councilman Harvey indicated that Sergeant Beard of the Cypress Police Department had indicated to him that the majority of those cited for traffic violations were from outside the City of Cypress, which would further indicate that the street is being used as a connector street. Following discussion, the motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONTINUATION OF PUBLIC HEARING HE: CONSIDERATION OF AN APPLICATION FOR A SPECIAL ~RM~T-jHENRI'S STUDIOS: The Mayor announced this was the time and place for the continuation of the Public Hearing to consider an application for a Special Permit, as requested by Henri's Studios, 4949 Hollywood Boulevard, Los Angeles, California. -4- City Council Minutes September 14, 1~70~ The Mayor announced that the Public Hearing was open, and requested the Staff to present its report. Ihe City Manager presented a report dated September 8, 1970, which indicated that the City Council at its adjourned regular meeting of August 31, 1970 continued the Public Hearing on the application from Mr. Bernard Holtzm on behalf of Henri's Studios, for a Special Permit to solicit door-to-door for the purpose of taking fanLily photographs in the City of Cypress. The report stated that the affidavits of continuation of the Public Hearing are posted, and no further connnunications have been received in reference to this matter. The Police Department has conducted its investigation of the applicant, and has found no reason to protest the issuance of the Special Permit. The Mayor asked if anyone in the audience wished to speak in favor of granting this Special Permit~ Mr, Bernard Holtzman, the applicant, addressed the Council stating that Henri's Studios has been soliciting door-to-door for the past twenty years° Councilman Harvey indicated that he was aware, from the report by the Police Department, that his company had operated for some time and that there had been no derogatory information concerning the business; however, did question why the studio had been operating in the City without a permit, to which Mr. Holzman indicated that he had not been aware of the procedure. In answer to an inquiry from Councilman Lacayo, the applicant stated that he had been operating in the City for approximately one nDnth~ and was then sent a notice notifying him of the requirement for a Special Permit. In answer to an inquiry from Councilman Kenode, the applicant stated that he would be agIeeable to having the hours in which he would be allowed to operate stipulated by the City Council. At the request of Council~ Lacayo ~ the applicant then explained how the business is conducted° Councilman Roberrs advised the applicant that should he have assistance in the solicitation, there would be an additional fee for each person. response to an inquiry from Councilmen Harvey, the applicant stated that the studio would deliver all pictures to the home. Mayor Kanel then asked if their was anyone in the audience wishing to speak in opposition to the granting of the Special Permit. IheIe being no one to speak in opposition to the request for the per~tit, it was maved by Councilman Lacayo and seconded by Councilman Kenode to close the Public Hearing. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Lacayo and seconded by Councilman Kenode to approve the request for a Special Permit to solicit door-to-door for the purpose of taking fanuly photographs in the City of Cypress~ as requested by Henri's Studios, and that the hours of solicitation will be between 10:00 a.mo and 6:00 p.m., or dusk, whichever shculd occur first. Coancilman Lacayo stated that he also wished to direct the Finance Director to Iepcrt any violation of the permit to the City Council, and warned that the perntlt c.~uld be revoked should there be any violation. -5¸- City C6~cil Minutes September 14, 1970 Mayor Kanel etated that he would be voting in opposition to the granting of the Special Permit as a result of many unfavorable experiences regarding door-to-door solicitation which the City has had in the pest. Following discussion, the motion carried by the following roll call vote: AYE S: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo and Rob errs Kanel None RECESS: At the request cf Councilman Roberrs, Mayor Kanel declared a recess at 8:18 p.m~ The meeting was called back to order at 8:28 p.m. with all Councilmen present. Due to several requests from citizens in the audience, it was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to consider Items No. 25 and 29 on the egenda immediately following the Public Hearing° CONT~I~UATION OF PUBLIC HEA~.I~G RE: CONSIDERATION OF AN .AMENDMENT TO ~ ZONING ORDINANCE NO~ 90 KNOWN AS ZONE dHANGE'Z-i~7: The Mayor announced this was the t~ma ana~iace ~or the continuation of the Public Hearing to consider an application to amend Zoning Ordinance Noo 90 to change the zone of a certain parcel of land from C-2 (General Comuercial) to R-3 (Multiple-family Residential) on property generally located on the west side of Holder Street, north of Ball Road, requested by Creative Environment, Inc., 2110 E, Katella, Ariahelm, California, for Frank J. Hansman and James J~ Fuchik, property owners. The Mayor announced thau the Public Hearing was open, and requested the Staff to present its report~ The City Manager presented a report dated September 8, 1970, which indicated the nQtice of continuation of the Public Hearing has been posted, and that no additional communications regarding this matter have been received° The report stated that [he City Council at its regular meeting of August 10, 1970 continued the Public Hearlng in order to allow ample time for thorough consideration of this matter. At the request of Councilman Kenode, the Planning Director reviewed Planning Staff Report PC#70-44, dated May 12, 1970, which described in detail the property in quesrion and the sur=ounding area. In response no an inquiry from CoI~nctlman Roberrs, the Planning Director indicated that development of a multiple-unit structure would have little effect on ~he volume of traffic, although the peak rush hour traffic would probably be increased! Mayor Kanel then asked if anyone in the audience wished to address the Council speaking in favor of the request for a zone change. Mr. O~ W~ NDrris, Creatlve Environment, Inc~, addressed the Council listing the uses which are pernLl=ted In the current zone stating that he did not consider nhese uses to be compatible with the surrounding area~ Mr~ Norris indicated that an R-3 zone would serve as a buffer, and that the Flood Control Channel would act as a natural barrier~ He stated that the proposal for an R-3 zone was in accordance with the General Plan of the City, and would assist the City in reaching its objec- tiveso Mr~ Norris added, that he felt the property would be impossible to develop commercially, as good conmartial use depends upon availability and population~ Mr~ Norris indicated that his proposed development would allow for ample parking, and then ~u[lined how the development would be designed and operated. -6 - C~y Cc~n~i~ Minutes September 14, ~7'0 Mxs¢~ Barbara Rise, Thunderbird Realty, Downey, California, addressed the Council and read in full, a communication from Mr~ Jerry W. Lynch, Real Estate Broker, dated August 24, 1969 and addressed to Messrs. Frank J. Hensman and Jams Jo Fuchik, p~operty owners of the property in question. The communication outlined Mr, Lynch's unsuccessful efforts in trying to sell the subject property, and indicated that residential development would be the best possible use. Mrs. Rise indicated that accoxding to other sources, the property was found not to be suitable for commer- cial use Mr~ Frank Hansman, one of the subject property owners, addressed the City Council s:ating that he had purchased the property in 1966 and had every intention of developing it commercially; however, realized that there was not sufficient txaffic to wasrant a commercial development. He then related the problems which adjacent sh~ps and businesses have had. M~, Gotdine, property owner where the Albertson's Market is located on Ball and Holder, addressed the Council stating that Albertson's Market would like to see the property in question rezoned, as additional tenants would help the businesses which are pIeeently in the neighborhood. Mayc~ Kenel asked if anyone wished to speak in opposition to the zone change. 'Fnere being no one to speak in opposition, it was moved by Councilma~ Roberrs, seconded Dy Councilman Lacayo and unanimously carried to close the Public Hearing aE this time Councilman Roberrs indicated that although he was quite hypersensitive to apartment developments, he did consider the property in question to be appropriate for an R-3 z9ne, as the Flood Control Channel does provide an excellent buffer to the R-i =esidents, and the development is located in a relatively isolated area. Ic was moved by Councilman Roberrs and seconded by Coencilm~m Kenode to read the io~Iowing Ozdinmxce by title only. The motion was unanimously carried by the following roli call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENt: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None the Ordinance is as follows: ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO~ 90, THE ZONING ORDINANCE, BY CHANGING IHE ZONE OF A CERTAIN PARCEL OF LAND FROM C-2 (GENERAL COMMERCIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL) ZONE CHANGE NO. Z-187 was moved b~ Councilman Roberrs and seconded by Councilman Kenode to adopt Lhe Ordlaan~e~ C~n~llma~ Kan~de s~a=ed that at the August 10, 1970 meeting of the City Council he wa~ eo!~wna~ ~eluctan~ to do away with any commercial property within the City; h~wever, sin~e that meeting, he has analyzed the uses that would be permitted for the subje~ pzope~ty, and felt that perhaps in this particular situation, ha would reluctan~ be in favor of the zone change. Councilman Harvey outlined what had taken place in the City in the past few years regaxdlng rm~ltiple-family and R-1 development, and then stated that he was ~7- City C~l~fl Minutes September 14, 1970 opposed to the zone change as the City would, in effect, be reducing the amount of commercial potential, Councilmen Har~ey added, that the increasing population of the Cypress College, and the widening of Holder Street may bring more business to the areao Following discussion, the motion failed to carry by the following roll call vote: AYE S: NOES: AB SENT: 2 COUNCILMEN: 3 COUNCILMEN: 0 COUNCILP~N: Kenode and Roberrs Harvey, Lacayo and Kanel None Mayor Kanel indicated that he felt the zone change would have been premature for this particular development, s~d was opposed to the possible loss of cov~rcial property~ CONSIDERATION OF CALLING A SPECIALELEqT~QN IN .T~z AREA KNOW~. AS.A~.NEXATION ~9-6: The City Manager reviewed a report dated September'~, 1970, which indicated that at its regular meeting of August 10, 1970, the Cypress City Council, after the close of a Public Hearing, did find and declare that a majority protest had not been made in the proceedings known as "Annexation 69-6," and that pursuant to State Code requiremonts, the City Council must now adopt a resolution calling a special election in the annexation area. The report further indicated that the resolution to be considered by the Council, sets the election date for Tuesday, October 20, 1970, and designates the trailer park recreation hall as the polling place~ In response to an inquiry from Mayor Kenel, the City Manager advised that the Resolution designated the Anaheim Bulletin as the newspaper which would print the Resolution. It was moved by Councilman Kenode and seconded by Councilman Lacayo to adopt =he Resolution by title only. Discussion ensued regarding the selection of a newspaper in which to publish the Resolution, and it was the general opinion of the City CoUncil that the City should utilize the services of the News Enterprise, should itbe deteru~ined that the paper is neither printed or published within the City of Cypress. Title of the Resolution is as follows: RESOLUTION N0. 1100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALLING A SPECIAL ELECTION AND SUBMITTING TO THE ELECTORS RESIDING IN THE TERRITORY CONTAINED WITHIN THE BOUNDARIES OF ANNEXATION NO. 69-6 THE QUESTION WItETHER SAID TERRITORY SHALL BE ANNEXED TO ANDINCORPORATED WITHIN THE CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None In respcnse to an inquiry from Mr. Norbert Runts, 8571 Sumner Place, the City Attorney advised that should the results of the election not favor the annexation of the territory to the City, annexation proceedings could not be initiated for one year from the date of the canvass of the election returns. Mr~ Joe Sheets, 4802 Merten Avenue, stated that he was opposed to the selection of the trailer park recreation hall as the polling place, as he felt the traffic -8- City Council Minutes September 14, would be confusing and dangerous. In answer to a question from Mayor Kanel, the City Manager indicated that every effort will be made to assure that signs directing traffic will be placed in the trailer park. In answer to a question from Mr. Sheets, the City Manager advised that the hours in which the polls will be open, will be from 7:00 a.m. until 8:00 p.m. Following discussion, it was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to consider Item No. 26 on the agenda as Item No. 6 bo CONSIDERATION OF POSSIBLE VIOLATION OF CONDITIONAL USE PERMIT NO. 223: The City Manager reviewed a report dated September 8, 1970 which outlined the findings of the Staff relative to the conditions of Conditional Use Permit No. 223, as was ~equested by the City Cooncil at its meeting of August 31, 1970. EXECIFIiVE SESSION: It was moved by Councilmen Roberrs, seconded by Councilman Lacayo and unanimously carried to go into an Executive Session at 9:32 p.m., with the City Manager, to discuss a matter of personnel. The meeting was called back to order at 10:10 p.m., with all Councilmen present. it was moved by Councilman Harvey and seconded by Councilmam Kenode to continua this ltem to the meeting of the City Council on September 21, 1970, to allow an opportunity for further study of this matter by the Staff. The motion was unanimously carried by the following roll call vote: AYES; 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF DEMOLITION OF THE BARN AT JUANITA STREET PARK: The City Manager p~esented a report 'dated S~p~ember ~ i~70; which indicated that at its meeting .o~ August 10, 1970, the City Council directed the City Manager to obtain bids ~or the demolition of the barn at the Juanits Street park, and to report the costs of ~cual and partial demolition, and restoration of the area, to the City Council. The report indicated that the Park and Recreation Director has advised that pa~Liai demolition of the barn would not be a satisfactory solution to the problem Included in the report were the costs for the demolition of the barn, and the costs for repairing the damage which will result, to the water and electrical system as well as the necessity for the redssigning of the portion ~ Lhe park now occupied by the barn~ It was mcl~ed by Councilman Harvey and seconded by Councilman Lacayo to appropriate $4,400 from the fund balance of the General Fund to Account No. 715-18 for improve- ments at the Juanira Street Park. In response to an inquiry from Mayor Fanel, Mr. Charles Bryant, Park and Recreation Director, stated that if the barn were to be demolished, he would propose that the site be u~llized for a creative play area. He indicated that it was his opinion that if the barn were only partially destroyed, leaving the slab, a hazardous situation would a~ise as children might be tempted to play underneath Coancximan Roberrs indicated that he would be opposed to spending such a large sum of mane~ ~o destroy the barn, as well as the amount which would be necessary tc redssign [he park. He stated that he felt there could be another use for the barn, which would be worthwhile, and suggested a green house, which he felt would be an asset to the City~ 9 City Cou~iljMinutes September 14, 1970 Councilman Harvey indicated that the problem of young persons destroying property had pre'viously been discussed, and stated that he considered the barn to be an attractive nuisance. He further outlined the difficulties in surveillance which the Police Department has had relative to the barn, and stated that although the barn is symbolic of the City, he would consider it to be dangerous. Councilman Kanode and Mayor Kanel expressed agreement with Councilman Harvey's statement. At the request of Mayor Kanel, Mr. Edgar McQueen, 6174 Lawrence Street, Cypress, addressed the Council stating that the situation has not changed since the group of citizens, which he was representing, appeared before the City Council at its meeting of August 10, 1970. Mr. McQueen stated that the citizens of the Juanits Street Park area did consider the barn to be a definite hazard. He then conmended the Chief of Police and the Cypress Police Department for their efforts, stating that the pollce surveillance of the park has increased considerably. Following discussion, the motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: AB SENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo and Kanel Rob e r t s None COMMUNICATION REQUESTING A VOTING REPRESENTATIVE FOR THE CONDUCT OF B..USINESS' AT THE LEAGUE OF CALIFORNIA CITIES CONFERENCE: The City Manager presented a report dated September 8, 1970, which indicated that the City has received a ccnmunication dated August 13, 1970 from Mr. Howard Gardner, Associate Director of the League of California Cities, requesting the City Council to designate a voting representative and on alternative voting representative for conduct of the business session at the Annual League Conference in San Diego to be held on October 25 through October 28, 1970. Councilman Kanode stated that it has been a policy of the City Council to designate the Mayor and Mayor Pro Tam as respresentatives to the conference° It was moved by Councilman Kenode and seconded by Councilman Harvey to designate Mayor Kanel as the voting delegate and Mayor Pro Tam Lacayo as the alternate for the Annual League of Cities Conference as outlined in the report, The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Harvey, Kenode, Roberrs and Kanel None None Lacayo COI~4UNICATION NOTIFYING CITY OF THE MERGER OF SO. CALIF. GAS CO. WITH THE SO. CO~N~i~S GA~'CO~: The Cit~ ~anager ~evi&w&d'a'~portdated'September 8, i9/0 which ~ndicated that the City has received a conmunication dated August 13, 1970 from Mr, Robert Salter, Attorney for the Southern California Gas Company notifying the City of the merger of that company with the Southern Counties Gas Company with which the City has an existing franchise agreement. The notice of merger has been submitted in accordance with a requirement of the franchise agreement which is now binding ~n the Southen California Gas Company. It was moved by Councilman Kenode and seconded by Councilman Harvey to receive and flle this conmunication, The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Fanel None None - 10 - City Council Minutes September 14,. 19~D COMMUNICATION REqU. ESTING ClTY'S PARTICIPATION IN SANTA ANA RI.VER, .STUDY: The City Ma~ager"'reviewed a rep6r~ da~ea September' ~, 'l~Td, which stated that Mayor Kunel has received a communication from Mr. John 3. Collier, Coordinator of the Citizens Participation, Santa Ana River Study, dated September 1, 1970, for the information of the City Council. The report further stated that should the Council wish to participate in this programs it is requested by this Committee Eo appoint three or more citizens to represent the community~ with one citizen appointed as Chairman of the delegation. Following discussion, it was moved by Councilman Rob errs and seconded by Councilman Lacayo to direct the City Manager to obtain a list of names from the various clubs and organizations within the cornunity, and for the Mayor to select ~ive persons for the purpose of participating in the study. The metion was unanimously csrried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanal None None CO.MMU~I. qATION FROM SECRETARY OF THE PUBLIC UTIL!T~E~ .qO~SSIqN REQUESTING COMMENTS ON PROPOSED GENERAL ORDER PROHIBITING P0~LUT!ON OF RAILRQ.A~..RIG~-OF-WAY: The City Manager presented a report dated September 8, 1970 which indicated the City has received a col~nunication dated August 17, 1970 from the State Public Utilities Coz~nisston requesting conm~ent from the City relative to a proposed General Order of the Commission prohibiting the discharge of humml waste upon railroad rights of way~ It was moved by Councilman Lacayo and seconded by Councilman Harvey to direct Lhe City Manager to notify the Public Utilities Comission of the City's support ~i the proposed General Order. Following discussion, the motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode s Lacayo, Roberrs and Kanel None None CQN~UATION OF ~ONSIDER4_T!QN OF.NUISANCE ABATEMENT--4552 ~!~CQLN 4.VE..NUB: The City Manager reviewed a report dated S~r 2, 1970, from the Public Works Director which outlined the status of the nuisance abatement on the Coelho property at 4552 Lincoln Avenue. The report indicated that 90% of the nuisance abatement work has been completed. The City Manager indicated that at recent investigation of the property, it was found ~Lhat even a larger percentage of the work has been completed than was contained in the report, and that the City will encourage the clearing of the remainde~l At the request of Mayor Kanel, the City Manager presented the Council with photographs of the subject property. in ~espunse to an inquiry from Councilman Roberrs, the City Manager advised that it would be the Staff's recommendation that this status report be received and filed. Following a discussion regarding the legal status of Council action to receive and file, it was moved by Councilman Roberrs and seconded by Councilman Kenode to receive and file the report. The motion was unanimously carried by the following roll call go[e: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None - 11- City Coum~l Minutes September 14, 1970 At the request of the City Manager, it was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to place the consideration of the donations which were offered to the City by the Baroldi family at the City Council Meeting of August 31, 1970, and the consideration of an authorization for the City Manager to instruct a course at the Cypress College on the agenda at this time. The City Manager stated that he had requested the donations which had been offered to the City by the Baroldi family at the last meeting of the City Council to be considered by the Council this evening, as after investigation of the donations it appears that there might be some question as to whether or not the City would want to acquire and maintain the various item. He indicated that the developer is in the process of clearing the Baroldi property at this time, and it is therefore necessary to know whether the particular items will or will not be m~ved or demolished as part of his operation. The City Manager stated that he has discussed this matter with the Park and Recreation Director, as well as several members of the City Staff who had visually inspected the item and found that several of these item would require additional protection from vandalism, and it was questionable as to whether or not they could be used in a park development plan. The City Manager further expressed concern regarding the amount of area which might be required if the items are retained on the property, and the cost that might be involved in reloceting the items and in rennovating the house on the property. Councilman Lacayo indicated that he would have preferred to have had more time in which to study the matter at the August 31, 1970 meeting of the City Council. He then compared the problems which the City has had with the barn located on [he Juanira Street park to what might be expected should the City acquire these donations. It was moved by Councilman Lacayo and seconded by Councilman Roberrs to direct the City Manager to inform Mr, Baroldi that the City has determined that the donations which have been offered to the City at the City Council Meeting of August 31, 1970, are unacceptable to the City. In response to an inquiry from Councilman Roberrs, the City Attorney advised that the City was under no contract, either expressed or implied, to accept the gifts~ Councilma~ Kenode stated that it was his understanding that if the City were to name the park a certain name, that the City stood in line for the donations. He further stated that if the donations become a liability rather than an asset, they should not be accepted. Councilman Roberrs stated that after personally visiting the property and viewing the articles in question, he would agree with the findings of the City Staff, and added that the decision regarding this matter was made after an unwarranted pressure had been placed on the City Council. Councilman Harvey stated that since the Barotdi family had indicated that they wanted to keep the artifacts should the City determine they would be unacceptable, they should be given the opportunity. He further indicated that he felt that it was a shams that the house could not be rennovated without involving a large expense, as he had hoped that it could have been used by the Cypress Cultural Arts Association; however, if it is considered to be a hazard, it should be removed. Mayor Kanel indicated that due to the condition of the artifacts, the cost to the City to maintain them, and the large amount of area which would be taken from the park for the children in the area to use, he felt the City shoud not accept the donations. Mayor Kanel further indicated .that it was his opinion that the amounts quoted in the newspapers stating the value of the donations was somewhat inflated. - 12 - City Council Minutes September 14, 1970 Following discussion, the motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None Councilman Roberrs suggested that it might be feasible to find another place within the community where these donations could be placed. Since it was past the hour of 11:00 p.m., and it had been agreed that no new items would be considered after that hour, it was moved by COoncilman Roberrs, seconded by Councilman Lacayo and unanimously carried to waive the rules and to proceed with certain items on the agenda at this time. The City Manager stated that he had been offered a teaching position at the Cypress College during the fall semester, to instruct a course entitled "Introduction to Public Administration." It was moved by Councilman Kenode and seconded by Councilman Lacayo to approve the request of the City Manager to instruct a course at the Cypress College. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, KenOde, Lacayo, Roberrs and Kenel None None was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously ~rrled to consider Item No. 18 on the agenda at this time. CQNS1DERATION OF AVfNORIZATION TO ATTEND INTERNATIONAL CITY MANAGER'S CONFERENCE: The City Manager reviewed a report dated September 8, 1970 which indicated that The City Manager has received an invitation to attend the 56th Annual Conference of the International City Manager's Association, to be held in San Diego, California from September 20th to September 24, 1970. The report further indicated that suffi- cient funds for attendance at this conference were included in the current budget. It was moved by Councilman Roberts and seconded by Councilman Lacayo to authorize the City Manager to attend the International City Managers' Conference in San Diego, California from September 20th to September 24, 1970, and that he be reimbursed for his a~tual and necessary expenses. The motion was unanimously carried by the follow- ing ~oli call vote: AYE S: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None At ~he requesu of the City Manager, it was moved by Councilman Lacayo, seconded by Councilman Kenode and unanimously carried to consider Items No. 28 and 30 at ~his time. CONSIDERATION OF TREE PLANTING IN TRACT NO. 4137: The City Manager presented a report dated September 8, 1970 from the Public Works Director which outlined the bids received from firms offering to plant trees in Tract 4137. The report indicated that the City will be reimbursed for the cost of the tree planting by funds from [he developer. It was moved by Councilman Lacayo and seconded by Councilman Harvey to approve the award of contract to Arbor Nursery in the amount of $28.50 per tree plus tax for planting street trees in Tract No. 4137. - 13 - City C~mo~l Minutes September 14, 1970 In answer to a~ inquiry from Councilman Roberts, the Public Works Director stated that the nurseries in the City of Cypress did not submit bids as they do not offer tree pla~ting service. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kenel None None It was moved by Councilma~ Lacayo and seconded by Councilmsa Harvey to appropriate $1,500.00 from the general fund bals~ce to the 610,18 account, The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COI~qCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF APPROVAL OF CO}~4ERCIAL WARRANT LIST FOR WARRANTS NO._24854 THROUdH ~'~0: 'I~ wa~ mo~ea by CounCilmen LaCay0 and seconded by Councilman Roberrs to approve the Commercial Warrant List for Warrants 24854 through 24970 in the total amount of $122,725.35. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 ~ COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberts and Kanel None None EXECUTIVE SESSION: It was moved by Councilmam R~berts, seconded by Councilmen Lacayo and unanimously carried to go into an Executive Bession at 11:20 p.m. to discuss a matter of personnel. The meeting was called back to order at 11:30 p.m. with all Councilmen present. It was moved by Councilmam Roberrs and seconded by Councilman Lacayo to amend the agreement mode earlier, to not consider any new item after 11:00 p.m., and to add a new item to the agenda at this time. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Roberrs, Lacayo and Kanel Harvey and KaYode None It was moved by Councilman Roberrs and seconded by Councilmen Lacayo to read by title only, the following Ordinence. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None ~ne Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE 0F THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-20 OF THE CODE OF THE CITY OF CYPRESS TO INCREASE THE NUMBER OF MEMBERS OF THE PLANNING C01,{ISSION FROM FIVE TO SEVEN, - 14 - City Council Minutes September 14, It was moved by Councilma~ Lacayo and seconded by Councilman Roberrs to approve the first reading of the Ordinance. Both Councilman Kenode and Councilman Harvey expressed concern in reference to consider- ing an item of major policy of the City this late in the evening meeting and without advanced public notification. Councilman Roberrs stated that one of the reasons for the motion appearing to be in a disorderly fashion, was the length of the a~enda and the fact that this item would have been considered next under Item No. 13. He added, that the Planning Comission has been invited to Join the City Council in approximately 38 days, and in order to invite the two additional members, action must be taken this evening. He further indicated that these issues ca~ be debated at length when the issue is discussed again, Following considerable discussion, it was moved by Councilm~,~ Kenode and seconded by Councilman Harvey to table the motion. The motion failed to carry by the follow- ing roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILI~N: Harvey and Kenode Lacayo, Robarts and Kanel None RECESS: Mayor Kenel declared a recess at 11:45 p.m. The meeting was called back to order at 11:52 p.m. with all Councilmen present. In response to an inquiry from Mayor Kanel, the City Manager indicated that the cost to send two additional members of the Planning Conmission to the League of California Cities conference in San Diego would be approximately $I00 per Comnissioner. Following discussion, the motion tO approve the first reading of the Ordinance increasing the number of members serving on the Planning Coz~aission from five to seven, carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Lacayo, Robarts and Kanel Harvey and Kayode None In answer to an inquiry from Mayor Kanel, the City Manager stated that a second reading of the Ordinance would be required, and that there would be a thirty day period before it becomes effective. Mayor Kanel indicated that that he would be prepared to consider the reappointments of the two Comnissioners at the next meeting of the City Council scheduled for September 21, 1970. It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to adjourn the meeting at 11:59 p.m. to 4:00 p.m. on September 21, 1970. ATTEST: CITY CLEP3[ 'O~v~{E' CITy/OF CYPRESS - 15 -