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Minutes 70-09-21MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 21, 1970 The adjourned regular meeting of the Cypress City Council was called to order at 4:00 p.m., on Monday, September 21, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Lacayo, Roberrs and Kanel ABSENT: Councilman Kenode Also present were City Manager/City Clerk Darrell Essex and Public Works Director Art Schatzeder. At the request of Mayor Kanel, Councilman Roberts led the City Council and audience in the Pledge of Allegiance. MINUTE S: It was the general opinion of the City Council to postpone the consideration of the Minutes of the Adjourned R~gularMeeting of August 31, 1970 until such time as all Councilmen are present. STAFF REPORTS .AND DISCUSSIONS: The City Manager indicated that there has been a request from the Orange County Criminal Justice Council, for the City of Cypress to participatein a research development program in the area of civil disorders. The City Manager listed the various cities which are participating in the program, and indicated that the total cost would involve $50,000, with the City of Cypress' share estimated at $1,090. It was moved by Councilman Roberrs, seconded by Mayor Kanel and unanimously carried to place this item on the agenda for consideration as Item No. 15 a. At the request of the City Manager, it was moved by Councilman Roberts, seconded by Councilman Harvey and unanimously carried to place the consideration of Senate Bill No. 948 on the agenda as Item No. 15 b. At the request of the City Manager, it was moved by Councilman Roberts, seconded by Councilman Harvey and unanimously carried to place the consideration of the donations by the Baroldi family on the agenda as Item No. 4 a. Mayor Kanel stated that he had received two requests for proclamations, from the Cypress Women's Club and the Cypress Junior Womens Club. It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to place the consideration of a proclamation as requested by the Cypress Junior Womene Club on the agenda as Item No. 15 c, and the request for a procla- mation by the Cypress Woman's Club on the agenda as Item No. 15 d. Discussion was held relative to complaints received concerning the operation of done buggies in the community~ and it was generally agreed that this matter would be considered with Item Noel0 on the agenda. EXECUTIVE SESSION: It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to go into an Executive Session at 4:20 p.m. to discuss a matter of personnal~ COUNCILMAN KANODE ARRIVED AT 5:20 P.M. The meeting was called back to order at 6:10 p.m. with all Councilmen present. City Council Minutes September 21, l~TDL ~ -~,.~ RECESS: Mayor Kanel declared a recess at 6:11 p.m. until 7:30 p.m. CALL TO ORDER: The meeting was called back to order at 7:30 p.m., on Monday, September 21, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor 3ohn Kanel presiding. PRESENT: Councilmen Harvey, Kenode, Lacayo, Robarts and Kanel AB SENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E, Erickson, and the following members of the City Staff: Putnam, Schatzeder, Savord, Grissom and Sweet. PLEDGE OF ALLEGIANCE: At the request of Mayor Kanel, Councilman Kenode led the City Council and audience in the Pledge of Allegiance. MINUTE. S: It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to approve the Minutes of the Adjourned Regular Meeting of August 31, 1970 as miledo At the request of Mayor Kanel, the City Manager reviewed the items which had been added to the agenda by the Council during the afternoon session, At the request of Mayor Kanel, it was moved by Councilman Kenode, seconded by Councilman l~arvey and unanimously carried to place the consideration of a Resolution of Commendation in honor of Mr. Gary Gray in recognition of his achievemenu of the rank of Eagle Scout on the agenda at this time, It was moved by Councilman Kenode and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT GARY GRAY ON ACHIEVING THE RANK OF EAGLE SCOUT~ The motion was unanimously carried by the following roll call vote: AYE S: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Fanode, Lacayo, Roberrs and Fanel None None At this time, Councilman Harvey indicated that he would be in favor of the City changing its policy relative to adding items to the agenda. He suggested that by adding items at the afternoon session of the City Council and then announcing those iter~ at the evening session, it would prevent the addition of controversial items to the agenda in the very late hours. Councilmen Roberrs indicated that the City Code does state that a Councilman has the prerogative of adding items to the agenda with the approval of the City Council at any time during the sessions, which, he felt might be in conflict with Councilman Harvey's suggestion. He indicated that perhapsit would be an appropriate solution to refer the entire section of the City Code pertaining to City Council procedures to the Mayor for -2- City Cc~h~it Minutes September 21, 1970 his consideration and reconm~ndation, through the City Manager's office. It was generally agreed by the City Council that this matter should be added to the issues of establishing time limits to debate and to not consider any new items on the agenda after 11:00 p.m., which is currently being studied by the City Managerws office and the Mayor, with a report back to the City Council at its regular meeting of October 12, 1970. O AL CO M ACA. T!O qS: Mrs. James Lockridge, 5314 Vista Del Sol, Cypress, addressed the Council stating that she represented a group of parents who are very concerned dun to the lack of adequate sidewalk facilities along the east side of Grindlay Avenun to Lincoln Avenue. She stated that there is also a great need for a crossing guard at Bishop and Grindlay, in order to accommodate those children attending the Cypress Elementary School, Mrs. Lockridge then stated that a child had been struck by a vehicle earlier today, and that a few n~nths ago another child had been hit. It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to place this item on the agenda for consideration at this time. Mayor Kanel stated that he was aware of the problem which exists, as he had personally looked at the area today and had noticed where the children were crossing Grindlay Avenun. The City Manager indicated that the City had been approached last year in conjunction with an overall improvement on Grindlay from Orange Avenue to the Cypress Elementary School. He indicated that the City worked with the School District in an attempt to put in a temporary walk along the Cypress Elementary School on the west side, and suggested a permanent type of walk be installed along the east side. He stated that the City of Cypress has sidewalk up to the end of the City boundary line, and that unfortunately, the area which is not currently provided with side- walk is in the County incorporated area, over which the City has no direct Juris- diction~ He further stated that the County has agreed to install a walk on the west side of the street. At the request of the City Manager, the Police Chief reported on the accident which had occurred earlier. The Public Works Director stated that a request was sent to the Orange County Traffic Conmnittee requesting that sidewalks be installed on both the west and the east sides of the street. Following discussion, it was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to direct an appropriate comeunication from the City to Supervisor Phillips expressing concern and requnsting assistance in this matter. At the request of Councilman Harvey, the City Manager reviewed the status of a similar problem which had been brought to the Council's attention, along Crescent Avenun. The City Manager indicated that at this particular time, the City has not heard from the Orange County Board of Supervisors. In response uo an inquiry fromMayor Kanel, the City Manager indicated that the safest czoesing to the school would be at Bishop Street, and indicated that when improvements to that point are installed, perhaps the City and the County could have a Joint Powers Agreement in order to share a Crossing Guard. Councilman Kenode stated that he would like for the communication to Supervisor Phillips to express the total concern for the safety of children wherever the City needs assistance from the County. -3- City Council Minutes September 21, Councilmm% Roberts reconmended that the communication be sent to all supervisors and a copy to the Cypress School District, and further stated that the City Manager should contact the School District requesting that more concern be demonstrated to Cypress citizenso Discussion was held relative to the problem of children crossing the streets, and the fact that they are crossed by their particular teacher during recess and after school, only. In reply to an inquiry from Councilm~n Harvey, the City Manager indicated that bids have been received for the Orange Avenue improvements, and will be presented to the City Council at its meeting of September 28, 1970, In answer to a question from Councilman Fanode, the City Attorney advised that without a Joint Powers Agreement with the County, the City would have no jurisdiction concerning a Crossing Guard. In answer to an inquiry from the City Manager, the Police Chief indicated that the County has provided Crossing Guards in the past. Following discussion, it was moved by Councilmarx Kanode, seconded by Councilman Harvey and unanimously carried that upon receiving consent from the County, the City will proceed immediately to employ a Crossing Guard. it was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously .carried to continue 0ral Communications after the Public Hearing has been held. PUBLIC HEARING RE: CONSIDERATION OF AN EXTENSION OF INTERIM STANDARDS FOR MULTIPLE-FAMILY DEVELOPMENTS IN TEE CITY: The Mayor announced this was the time and place for the Public Hearing to consider an extension of interim standards ~ormuitiple-family developments in the City of Cypress for the period of one yea~- Ihe Mayor declared the Public Hearing open, and requested the Staff to present its report~ The City Manager presented a report dated September 16, 1970 which indicated that the affidavits of publication and posting of the Public Hearing notice on this matter are on file in the office of the City Clerk, and that no communications have been received in reference to this matter. The report further indicated that the purpose of the Public Hearing is to determine whether or not the City Council wxehes to extend Urgency Ordinance No. 433, which requires a conditional use permit fox all multiple-family developments and establishes minimum standards for multiple- famlly developments, and which is due to expire on September 23, 1970. At zhe request of Councilmen Lacayo, the Planning Director reviewed the status o~ the permanent Ordinance and indicated that it would be presented to the City Coancil ~or consideration within two months. In answer to an inquiry from Coancilmm~ Fanode, the Planning Director indicated that he did not feel that the City has lost any multiple-unit developments due to the conditions which are imposed by the Urgency Ordinance. There being no written or oral protests, it was moved by Councilman Lacayo and seconded by Councilmal Kenode to close the Public Hearing. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberts and Kanel None None -4- City Council Minutes September 21, 1970 It was moved by Councilman Harvey and seconded by Council~n Lacayo to read the Ordinance by title only. 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 Title of the Ordinance is as follows: ORDINANCE NO. 439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO~ 433, PROVIDING INTERIM STANDARDS FOR MULTIPLE FAMILY DEVELOPMENT, BY EXTENDING THE TERM THEREOF FOR A PERIOD OF ONE YEAR. It was moved by Councilman Harvey and seconded by Councilma~ Lacayo to adopt Ordinance No~ 439. At this time, Councilman Kenode indicated that he would like to restate his position on Urgency Ordinances; however, felt that in this case, consistency would be best, and the Ordinance does offer some security to the City while the study on the permmlent Ordinance is being conducted, and would therefore vote in favor of the adoption. Councilman Roberrs stated that he was deeply concerned about what appears to be a slow pace as far as the study of the permanent Ordinance is concerned. He indicated that the Planning Commission should be making a clear decision as to what the standards should be. Councilman Harvey stated that he felt the matter should be studied thoroughly as it is very significant. Following further discussion, the motion was unanimously carried by the following z311 call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None ORAL COI~4UNICATIONS: There were no oral communications presented at this timo. It was moved by Councilman Kenode, seconded by Councilmen Harvey and unanimously calfled to proceed with the agenda. CONTINUATION OF CONSIDERATION OF COI{~LnNICATION FROM THE BREA CITY COUNCIL CONqERN!NG LA~S PERTAINING 'TO TH~ 'SALT (OF i~LEG.A~_ DR~S :' 'Th~ 'di~ ~anager reviewed s report dated September 8, 1970, which indicated that this item was continued flom the City Council meeting of July 27th in order to allow the Staff sufficient time to obtain additional information regarding the matter. The report stated that the Community Drug Council is a citizen group which urges maximum penalties under the law for any and all persons engaged in the illegal sale of na~c~tics, and that the Brea City Council received a petition regarding this matter and in addition to unanimously supporting the program, agreed to seek similar support from other City Councils in the County. It was moved by Councilman Kenode and seconded by Councilman Harvey to direct the City Manager to convey the City Council~s approval and support to the Community Drug Couacil and the Brea City Council. -5 - City Council FLtnutes September 21, 1970 Councilman Roberrs stated that he did not feel that there was sufficient in£ormation on this subject, as the objectives of the Coz~nunity Drug Council were not listed. Councilmam Robarts indicated that the sale of drugs occurs many times by those who have become addicted in order to obtain more drugs, and that the wholesaler of drugs is the most removed from the law. He stated that he did not feel that the maximum penalty on the user would solve the drug problem, end indicated that the maximum penalty should be applied to the non-user who profits from this type oi operation~ Following further discussion, including opinions relative to this matter from the City Attorney and the Police Chief, Councilman Kenode stated that it was his opinion that in order to have stronger laws pertaining to drugs, there had to be an expression of public opinion~ and indicated that the City Council, as a governing body, can take a position on the need for tighter laws. Councilman Lacayo indicated that he would be in favor of any measure which would help stop the use of illegal drugs in the United States. At tthe suggestion of Councilman Roberrs, Councilman Kenode and Councilman Harvey agreed that their motion would include that copies of the petition be forwarded to the legislators in Sacramento and to government officials. 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 iu was moved by Councilman Roberrs, seconded by Councilmsa Lacayo and unenimously carried to proceed to Stem No. 4 at this time, and to consider Item No. 3 after Item Noo 4 a, CONtINUaTION OF CONSIDERATION OF POSSIBLE VIOLATION OF CONDITIONAL USE PERMIT ~0~! ~2~: T~e'C~y ~aa~ger ~ated tha'~"~ meeti~ was heia w~t~ a ~presen6ative of the Larwin Company, and that the problems which have been encountered relative to this matter have been referred to the Company and a proposal is being prepared ro correct the conditions as were outlined, which will be presented at a meeting ~his Thursday evening, September 24, 1970, with Larwin representatives and a group oi homeawners residing south of the apartments. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to continue ~his matuer to the City Council meeting scheduled for September 28, 1970. Co'uncilman Roberrs indicated that, as a separate item on the agenda, he would request a list as to all of the discrepancies to the City Code which occurred du~ing the construction of the multiple-unit complex, including who was reponsible, and a statement as to whether or not the individual is still on the C~y S~azf In response to an inquiry from Councilman Kenode, the City Manager indicated that the Thursday night meeting between the Larwin representatives and the homeowners will be held in the Administrative Conference Room at 7:00 p.m. A~ ~he ~equest of Councilman Lacayo, the City Manager outlined the approach which he wi~ p~an to utilize in his presentation to the City Council relative to this matter ~ Councilman Roberrs stated that he expected a complete review of all items compared ~o the standards set forth in the City Code. -6- City C~i~l Minutes September 21, 1970 Councilra~ Harvey indicated that he was distressed with the implications which %ndicated that the Staff had been derelict in its duties, and encouraged the Staff to present a thorough report in order that the matter can be reviewed in its true light° Following discussion, the motion to continue the matter 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 THE CONSIDERATION OF THE BARO~DI DONATIONS: The City Manager stated that after a further inspection of the buildings and the artifacts on the Baroldi property, by he and members of his Staff, it was determined that the house on the front of the property was in good condition, and with the addition of rest room facilities, would be adequate for use by a conlnunity organization such as the Cultural Arts Association~ The City Manager indicated that in addition to the house and the existing trees and shrubbery, it appeared that the barbsqua, the stone face, the pond and adjacent rock benches could be retained on the property without adversely affecting the park site~ At the request of Councilman Lacayo, Mr. Charles Bryant, Park and Recreation District Director addressed the Council presenting his opinions relative to the donations~ and indicated that since the District is not part of the City at the present time, they would not be receiving the gifts but would be responsible for the maintenance at a later date~ He further indicated that the land planners felt that they could design the park around the items which would remain on the property. Mrs~ Alice Frankiewich, 4219 Dover Circle, Cypress, addressed the City Council stating that the park would be the cultural center of the conlnunity, and indicated that the donations would be advantageous to the City, as well as an attraction. Councilman Lacayo expressed concern regarding what the City would do should it late= be determined that the donated items would not be an asset, He stated that before making a decision of this nature, he would want to see a plan as to how the park would appear upon completion. Mrs. Alice Frankiewich again addressed the Council stating that the Cypress Cultural Arts Association has offered to maintain the inside of the housed and will offer to take care of the outside. She further stated that she was confident that Mr. Bryant would do as excellent a Job with the Charles Baroldi Park as he had done with the park at the library~ In response to an inquiry from Councilman Harvey, relative to those items which should or should not remain, Mrs. Frankiewich stated that she would agree with the recommendations of the City Manager. Mrs° Melvin Stanbridge, 6221 Ferns Avenue, Cypress, read in full a communication dated September 21, 1970, from Mr. and Mrs. Barrett, Cypress homeowners, which indicated that the donations which have been offered by the Baroldi family would be ver~ beneficial to the City. Mr~ Roe Masuilo, 10521 Ritter, Cypress, addressed the Council stating that he lived adjacent to the Baroldi property in question, and was very opposed to the acceptance of the donations by the City, Mr. Masullo stated that the donations would not benefit children in any way, and indicated that a park should contain open space where they could play. - 7- City Council Minutes September 21, 1979! Councilm~n Lacayo indicated that he had supported the Park Bond Issue in the April 1970 election, as he recognized the need for parks within the comnunity. He stated that he would be opposed to the donations st this time, however, as he had not seen an actual park development plan. It was moved by Councilman Lacayo and seconded by Councilmen Roberrs that the City not accept the donations offered by the Baroldi family, and that the park be developed as a conventional park. Councilman Roberrs expressed concern over the fact that a Cultural Arts Center is desperately needed in the City; however open space where the children who will be living in the proposed tract adjacent to the park can play is needed also ~ Countlima1 Robarts suggested that some thought might be given to relocating several of the artifacts to the Civic Center property, where they would be less apt to be destroyed~ He stated that without a compromise type of solution, he would have to support the removal of the items. Councilman Harvey stated that the structure and artifacts which have been offered to the City would be of benefit to the community, and that he felt the matter should be considered objectively, and that he would consider the donations to be an asset. Following discussion, the motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 3 COUNCILMEN: 0 COUNCILMEN: Lacayo and Roberrs Harvey, Kenode and Fanel None It was moved by Co~mcilmen Kenode and seconded by Councilman Harvey that the City accepu the donations from the Baroldi family as outlined and recommended by the City Manager. Mayor Kanel indicated that he would be in favor of the items being utilized; however, he added, that if any item, in any way, proves to be harmful to children, o~ if there is vandalism of any kind, or should it be determined that the items cover too much of the open space in the park, he will request that they be removed. Mayor Kanel stated that there were no personal feelings regarding the matter, however, he did not appreciate the manner in which it was orignally presented to the City Council. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode and Kanel Lacayo and Roberrs None In response to an inquiry from Councilman Roberrs, Mayor Kanel indicated that the large milk can sculpture will be relocated by Mr. and Mrs. Baroldi. Mayor Kanel declared a recess at 9:40 p.m. The meeting was called back to order at 9:50 pom. with all Councilman present. CONTiNUE~ION OF CONSIDEPATION OF APPOINT~NT OF PLANNING COP~4ISSIONERS: Mayor Kanel stated that at the September 14, 19~0 meeting of the City Council, he had indicated that he would make his decision relative to the reappointments of Planning Commissioner Ricker and Planning Commission Chairman Robert Cardoze, at this eveniag's meeting. Mayor Kanel announced that he would recommend the reappointment of Planning Commissioner Marshall Ricker and Planning Commission Chairman Robert Cardoze, and then reviewed the qualifications of each. -8- City C~i~l Minutes September 21, 1970 It was moved by Councilman Kenode and seconded by Councilm~n Harvey to confirm the reappointments of Planning Co~nissioner Marshall Ricker and Planning Comnission Chairman Robert Cardoze. Councilman Roberts indicated that because the Planning Commission is responsible to the City Council, and because they are appointed by the Mayor with the approval of the City Council and the nature of their service requires support, he would urge a unanimous vote in support of the motion. 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 I~ was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to consider Item No. 16 on the agenda at this time. CONSIDERATION OF THE .S. ECOND REA~.I. NG OF AN ORDInaNCE .AMENDING SE. CTION 2-20 OF THE CODE OF THE CITY OF CYPRESS TO INCREASE THE NUMBER OF MEMBERS OF THE PLi~NING COM~I.~SION FROM FIVE T.O.SEVEN: At this time, Councilman Roberrs stated that he 'f~i~ '~'~ wa& clear, by the fact that the citizens were not allowed nor encouraged for any additional participation on the Planning Cornlesion, that it is not the intention of the majority of the City Council at this time to in any way change the functions or actions of the Planning Comission; therefore, he added, that he felt it would be appropriate that the Planning Commission remain with five members ~ It was moved by Councilman Robarts and seconded by Councilman Lacayo to reject 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: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF 1970 WEED AND RUBBISN ABATE. MENT P~QGRAM--.PROPOSED ABATE~MENT OF SEASONAL A~B REcURPa~'~ wRE'~'S, P~AS~ .!~: The City Manager presented a report dated September 1, 1970, from the Public Works Director, which indicated that the City Council at its regular meeting of August 24, 1970, approved the award of contract for the abatement of seasonal and recurring weeds. The report further indicated that the contract was awarded and the contractor canvassed the City and made up a list of properties, in accordance with criteria, which require abatement as provided for in the contract. Attached to the report is a list of the parcels (EXHIBIT "A") which have seasonal and recurring weeds. It was moved by Councilman Lacayo and seconded by Councilmen Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, ARE SEASONAL AND HAVE RECU1LRED, AND ORDERING THE ABATEMENT THEREOF. 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 -9- Clty Council Minutes September 21, 1970 CONSIDERATION .OF ORANGE COUNTY FLOOD CON~I%OL D!STR!q~ .~O~TR~q~ON .PROJECTS FOR FISCAL YEAR .19.7~-72: The City ManeSet presented a report dated September 2, 1970 from the Public Works Director which indicated that the Chief Engineer of the Orange County Flood Control District has requested that each City recoxmnend a maxlmum of two projects. Proposed in the report was the construction of the C02 P03 Knott/Cerritos storm drain, which would relieve a very serious flooding problem on Cerritos Avenue, and the balance of the C02 S03 Jonathan storm channel, which, upon approval of the first project, must be constructed to accept water now diverted along Cerritoe Avenue. It was moved by Councilman Kenode and seconded by Councilman Harvey to approve the submittal of a request to the Orange County Flood Control District for the following two projects for consideration in the 1971-72 budget: 1 C02 P03 Knott/Cerritos Storm Drain in Knott Street 2, C02 S03 Jonathan Storm Channel The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, R~erts and Kanel None None CONSIDERATION OF LOCAL AGENCY-STATE AGREEMENT FOR AREA-WIDE TOPICS PLAN AND STUDY 'R~POR~:"'~h& dlty Mana~ 'pres&a~d a report a~a 'S~mber 8, 'i~70 from the Public Works Director. which indicated that at its regular meeting of Mar~h 23, 1970, the City Council approved a proposal for expenditure and accumulation of TOPICS funds and authorized a written comeunication by the Public Works Director to the State Department of Public Works requesting approval for ~he expenditure of TOPICS funds. The report stated that in accordance with the authorization and after meetings with the State Division of Highways, a request for approval of a proposal and consultant agreement for the Study Report was submitted to and approved by the State, following which, the City received uhree copies of a Local Agency-State Agreement covering the areawide TOPICS Plan and Study Report. The report further indicated that after the agreement has been fully executed by the City and dated by the State, the City will receive authorization to proceed with the Study Report, which will involve a total cost of $9,500. It was moved by Councilman Kunode and seconded by Councilman Harvey to approve the Local Agency-State Agreement covering the areawide TOPICS Plan and Study Report and to authorize the Mayor to execute and the City Clerk to attest the execution of the agreement; and, to authorize the Mayor to execute the non-collusion certificate and the City Clerk to attest the execution. The motion was unanimously carTled by ~he following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harveys Kenode, Lacayo, Robarts and Kanel None None CONSIDERATION OF APPLICATION FOR PRIVATE PATROL ~I~.~-%E~LIS PATROL & GUARD .S~yI_qCEa "~5i B0~.~ .~I~.EN~ WESTMINSTER: The City Manager reviewed a report dated September 8, 1970, which indicated that the City has received an application f~om Mr. Paul J~ Ellis, Patrol & Guard Service for a Private Patrol Permit to conduct patrol operations in the Tanglewood North area, replacing the services of L & J Security, Inc~ The report further indicated that the Police Department has completed an investigation of the applicant and finds no reason to protest the issuance of the Permit. It was m~ved by Councilman Harvey and seconded by Councilman Kenode to authorize the issuance of a permit for Private Patrol Services at Tanglewood North to Ellis Patrol & Guard Service, 14551 Bowling Green, Westminster, California, subject tc the provisions of the City Code relative to the operation of private patrol services. - 10 - city Minutes September 21, 1970 In response to an inquiry from Councilman Roberrs, the Police Chief indicated that it is customary for condominium developments to hire private patrol services, and explained that certain regulations which are adopted by the homeowners Association for private open areas are not enfqrceable by the City police. In answer to another inquiry from Councilman Roberrs, the City Attorney stated that the guards are licensed by the State of California, and the City is only authorizing an operating license. Following discussion, the motion was unanimously carried by the following roll .call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberts and Kanel None None CO~Ip~.R~ION OF EXPANSION OF THE CIVIC CENTER SITE: The City Manager presented a report dated September 8, 1970, which indicated that at its meeting of May 27, 1970, the City Council authorized the City Manager to analyze the potential need to expand the Civic Center property and to obtain appraisals on two parcels of land which have been offered to the City for sale. The report stated that the Cypress General Plan proposes a library facility on or inm~ediately adjacent to the Civic Center site, and that representatives of the Orange County Library have expressed interest in preliminary meetings with members of the City Staff. Rep- resentatives of other County departments have also shown interest in locating facilities in the Civic Center area. The report outlined other uses and suggestions for the Civic Center property, should it expand. In answer to inquiries from Councilman Lacayo, the City Manager indicated that there would be no condemation on the first parcel whatsoever. He stated that the property owner of the second parcel does not feel that he can accept the an~unt which the City would have offered at the present time. In answer to a question from Councilman Kanode, the City Manager stated that ~he possiblity of Joint-use of several facilities with the County was considered as a possible use of the property; however, the response by other County agencies with the exception of the library, seemed to be unfavorable at this time° In answe~ to an inquiry from Mayor Kanel, the Planning Director stated that the two parcels of property in question are zoned R-2 with a Civic Center Overlay. In ~eply to a question from Councilm~m Harvey, the City Manager indicated that he felt there was a good possibility of the City having a municipal court on the property, which could serve several cities in the vicinity of Cypress. Following discussion, it was moved by Councilman Lacayo and seconded by Councilman Roberrs to authorize the City Manager to proceed to purchase Assessor's Parcel Now 244-451-22 in the anDant of $23,000 plus closing dosts. 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 In response to an inquiry from Councilman Roberrs, the City Manager advised that there would be sufficient funds in the reserve of Capital Improvements to proceed with the acquisition of this property and that a separate appropriation by the City Council would be required at this time. - 11 - City Council Minutes September 21, 1~76 ~'' It was moved by Councilmau Kenode and seconded by Coancilman Harvey to appropriate $23,000 plus closing costs from the Reserve for Capital Improvements Fund to the Special Civic Center Land Acquisition Fund. 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 REPORT ON MINI-BIKESANDMOTORCYCLES ON VACANT PROPERTY: The City Manager reviewed a report da~d S~p~er ~ f9~0, whid~ 6utlined a study which had been conducted by the Staff pertaining to the use of mini-bikes and motorcycles wi[hin the City. The report indicated that the Jurisdiction of the City relative to regulating the ownership, licensing, and operation of these vehicles is somewhat limited since it would fall within the regulatory provisions of the State Motor Vehicle Code. The report suggested an overall study of the matter by the Orange County League of Cities and the Orange County Board of Supervisors. and p~posed the adoption of an Ordinance, similar to those which have been adopted by other cities, and listed provisions which might be contained in the Ordinance. The City Manager advised that since the data of the report, the matter has officially been bro~gh[ before the Orange County Division of the League of California Cities. The City Manager then suggested that the Los Alamitos Race Track might consent to ~he cse of its track for a motorcycle and mini-bike rodeo, which could include safety checks as a part of the program. C~.luncilman Roberrs stated that he considered mini-bikes to be dangerous due the lack of control with respect to safety standards, and that it is imperative uhat the City concern itself with the safety of these vehicles. He urged that mo~e time be given to the Staff in order that a thorough study could be conducted ~ega~ding the question of safety rather than prohibition. Mrs~ Doris Jeiken, 10011Myra Drive, Cypress, addressed the City Council stating uhat she lived over 200 yards from the property which is being used to operate ~ni-bikee and motorcycles located in the vicinity of Ball Road and Valley Viw Street, and the noise factor was a terrible problem. In answer to a question from Mayor ~anel, Mrs~ Jeiken stated that dune buggies were also being operated on the ptoperty~ Discussion was held relative to prohibiting the operation of these vehicles within 200 yards of any dwelling structure, church, assembly hall or school, ~nich was suggested to be included in an Ordinance, and the City Attorney advised ~hat this would be a minimum distance. He further indicated that without an Ordinance, the City would have little control in regulating the use of the v~hic2es~ Ihe City Manager indicated that the Staff would direct a coununication to the p~opert~ owner in the vicinity of Ball Road and Valley View Street, requesting his cooperation in eliminating the use of his property for the operation of these vehicles° M~ Bohn, Myra Drive, Cypress, addressed the Council indicating that the track en the property which is being used, appears to be somewhat permanent. Following dxscussion, it was moved by Councilman Roberrs and seconded by Councilman Lacayo ~ha~ ~he Staff prepare a coununicatton to the Orange County League of Cities, e~ressing the need for the study to include the safety factors relative to the operazion of mini-bikes and motorcycles, to direct the City Attorney to prepare an Or dinanne, and to continue this matter to allow further time for a thorough study~ Councilman Roberrs indicated that he would personally deliver the conmunication to the Orange County League of Cities, and would express - 12 - City Council Minutes September 21, 1970 the City's concern relative to the safety problem with these vehicles. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN; ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberie end Kenel None None It was moved by Co%mcilman Roberrs, seconded by Councilman Lacayo and unenimously carried to go into an Executive Session at 11:00 p.m. for the purpose of discussing a personnel matter. The meeting was called back to order at 11:50 p.m. with all Councilmen present. It was moved by Councilmen Kenode, seconded by Councilman Robarts and unanimously ca==ied to proceed to Items No. 15 c end 15 d an the agenda at this time. It was moved by Councilman Roberrs, seconded by Councilmen Harvey and unanimously carried that the Mayor proclaim the month of October as "3unior Involvement Month," as requested by the Cypress Junior Womens' Club. It was moved by Councilmm~ Kenode, seconded by Councilman Harvey and unanimously carried to proclaim the week of October 12, 1970 through October 17, 1970 as "Cypress Beautification Week," as requested by the Cypress Woman's Club. ORAL.C0~4UNICATIONS: Mr/Hilliard Warren, 5275 Vista Real, Cypress addressed the Council on behalf of the members of the Planning Co~ission, expressing his gratitude for the confidence in the Planning Commission which had been expressed by the City Council earlier in the evening, ADJOURNMENT: It was moved by Councilmam Kenode, seconded by Councilman Harvey end unenimously carried to adjourn the meeting at 11:55 p.m. DF cx Y cYP ss ATTEST: ciTY? ' - 13 -