Loading...
Minutes 70-10-13MINUTES OF A I~GULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 13, 1970 The regular meeting of the C~press City Council was called to order at 4:05 pom., on Tuesday, October 13, 1970, in the City CounCil Chambers, 5275 Orange Avenue, CypreSs, California, Ma},or John Kenel presidinS. PRESENT: Cotmcilman Harvey and Mayor Kanel ABSENT: Councilmen Kenode, Lecayo and Robarts Also present were City Manager/City Clerk Darts11 Essex, City Attorney James E, Erickson and the following meex~bers of the City staff: Dunlap, Poetthat, Schatzeder, Savord, Nudson and Grissom. RECESS: Mayor Kenel declared a recess at 4:07 p.m. The meeting was called back to order at 4~19 p.m. with the following Councilmen present: PRESENT: Councilmen Harvey, Fanode end Mayor Kanel ABSENT: Councilunn Laceyo and Robarts At the request of the City MariaSat, it was moved by Councilmen Harvey, seconded by Councilman Kenode and unanimously carried to place the consideration of placing a CrossinS Guard at Evergreen end Grindlay Street on the ageads as Item No. 8 a, At the request of Mayor Kanel, it wee moved by Councilman Kenode, seconded by Councilma~ Harvey and unanimously carried to place the consideration of the adoption of Resolutions of Comnendation for Boy Scouts Michael Glass, Tom Acevedo and Randy Montrose, for achieving the rank of Eagle Scout, on the a~enda at this time. It was moved by Councilman Kenode end seconded by Councilm~- Hardy to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1105 ARESOLUTION OF T~E CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CYPRESS BOY SCOUT MICHAEL GLASS ON ACHIEVING THE RANK OF EAGLE STOVE. The motion was man~vn_"_uely carried by the following roll call vote: AYES: 3 COUNCILI~N: NOES: 0 COUNCILMEN: ABSENT: Z COUNCILMEN: Harvey, Kenode end Kanel None Lacayo end Roberrs It was moved by Councilman Kenode end seconded by Councilmen Harvey to adopt the follcwing Resolution by title only, title as follows: I~SOLUTION NO. 1106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COt4~ENDING BOY SCOUT TOM ACHVEDO ON ACHIEVING THE RANK OF EAGLE SCOUT. The motion was unent~uely carried by the followinS roll call vote: AYE S: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ASSENT: 2 COUNCILMEN: Harvey, Kenode and Fanel None Lacayo end Roberts City Cc~,,cJ.1 Minutes October 13, 1970 · ,~9'~ It was moved by Cotmcilman Kenode and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1107 A RESOLUTION OF THE CITY COUNCIL OF THe. CITY OF CYPRESS COI~4ENDING CYPI~SS BOY SCOUT RANDY MONTROSE ON ACHIEVING THE RANK OF EAGLE SCOUT. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Kenode and Kanel None Lacayo and Robarts The City Manager inquired as to whether or not the City Council would have any objection if the Advisory Traffic Committee would hold an informal hearing regarding the traffic problems on Juanits Street. Following a general discussion, it was the general consensus that an informal hearing should be held at the earliest possible date on this matter by the Advisory Traffic Com-~ttee. COUNCILMAN ROBERTS ARRIVED AT 4:40 P.M., AND TOOK HIS PLACE ON THE PODIUM. Following a brief discussion, it was moved by Councilman Roberrs, seconded by Mayor Km%el and unanimously carried to place the consideration of a proposed Resolution opposing the incorporation of Irvine as a City in eeenge County until such time as the study which is being conducted by the County relative to this matter has been completed, on the agende as Item No. 35. COLIqCILMAN LACAYO ARRIVED AT 4:55 P.M., AND TOOK HIS PLACE ON THE PODIUM. MINUTES: It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously ~a~ried to approve the Minutes of the regular meeting of September 14, 1970 as presented. It was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously cazxied to approve the Minutes of the adjourned regular meeting of September 21, 1970 as presented. It was moved by Councilman Kanode, seconded by Councilman Lacayo and unanimously carried to approve the Minutes of the regular meeting of September 28, 1970 as presented° It was moved by Cooncilman Roberrs, seconded by Councilman Lacayo and unanimously carried to proceed to Items No. 2, 7, 9, 11, 12, 21, 27, 29, 30, 31, 32 and 33 on the agenda at this time. CONSENT CALENDAR: The Mayor announced that all matters listed on the amends under "CONSI~T CALENDAR" were to be considered by the Council as routine and enacted by one motion approving the Recommendation on the Administrative RepoIt concerning the 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 through 7 on the consent calendar. -2- City Council Minutes October 13, 1970 Item No~ 2: Orange County Mosquito Abatement District Minutes of meeting held September 17, 1970. Recommendation: Receive and file. Xtem No~ 3: Notification from the Local Agency Formation Comm4seion of a proposed detachment from the City of Anaheim from the Cypress County Water District. Reco~mendat~op: That the City Council authorize the City Manager to inform the Local Agency Formation Commission that the City of Cypress has no objection to the proposed detachment of the portion of the City of Anaheim from the Cypress Cour~ty Water District. item NOo 4: Proposed annexation to the City of Stanton. Paconmendation: T~at the City Com%cil authorize the City Manager to notify the Local Agency Formation Commission that the City of Cypress has no objection to the proposed annexation No. 74 to the City of Stonton, Item No o 5: Consideration of proclamation of the month of November as "Cypress Cultural Arts Association Month." Reconmendation: That the City Council authorize the Mayor to proclaim the month of November as "Cypress Cultural Arts Association Month." ~tem Noi. 6c Consideration of proclamation of November 1, 1970 through November 1970 as '~qational Art Week." Rec.~'~nenda~tiop: That the City Cotmoil authorize the Mayor to proclaim November I, 1970 through November 7, 1970 as '~ational Art Week" in the City of Cypress. Item No. 7: Consideration of a request of proclamation of November 9 through November 15, 1970 as 'Youth Appreciation Week." Reconmendation: That the City Council authorize the Mayor to proclaim the week of November 9, 1970 through November 15, 1970 as "Youth Appreciation Week." COM~UNICATION REQU~_BTING CITY COUNCIL SUPPORT OF.STATE .pROpOSITION. !: The City Manager presented a report dated October 9, 1970, which indicated that the City has received a com~nonication dated September 21, 1970, addressed to Mayor Kanel from Benjamin F. Biaggini, Chairman of the Californians for Clean Water, requesting the support of the City Coumcil on State Proposition 1, which would qualify the State of California for additional Federal funds to construct waste water and sewer treatment facilities. The report further indicated that although the City of Cypress is not directly involved in the waste water or sewer treatment service, being a part of the Coualty Sanitation District, there is unquestionably a state- wide need in this area for additional funding to correct the water pollution problem. The report stated that this measure is endorsed by the League of California Cities. it was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to support State Proposition 1. COMMUNICATION DATED SEPTEMBER 23, .1970 RE.qDE.STING SUPPORT FOR PROPOSITION 18: The City Manager reviewed a report dated October 9, 1970, which stated' that ~e City has received a conmunication dated September 23, 1970 from Phillip Petty, President, Board of Directors of the Tuberculosis & Respiratory Disease Association of Orange County, indicating the As sociation'e support of Proposition 18 and requesting the City Cooncil's support. The City Manager stated that the League of California Cities has gone on record in support of this measure. -3- City ~o~da~il Minutes October 13, 1970 Following discussion, Comlcilman Lacayo stated that he considered the matter to be a highly controversial issue, and therefore felt the conmunication should be received and filed. It was moved by Coancilmm% Lacayo, seconded by Councilman Kanode and unanimously carried to receive and file this communication, CObI~dNICATION DATED SEPTEMBER 23t 1970 FROM THE CITY OF HUNTINGTON BEACH: The City M'aila~'~ pres'e~te'~ 'a "~e~6rt Jatea October '9~ 1~76', 'w~iah '~'nd~'~ated that the City has received a communication dated September 23, 1970, from the City of Huntington Beach, transmitting a copy of a Resolution requesting the County of Orange to expedite the development of regional motor parks. It was moved by Councilma~ Harvey, seconded by Councilman Lacayo and unanimously carried to request the City Manager to notify the Board of Supervisors that the City Council concurs with the City of Huntington Beach's Resolution as outlined in the commanication. CONTINUAIION OF CONSIDERATION OF SUPPORT OF "CONSERVATION EDUCATION .PILOT .P~OGRAM" k~LiCATION: The City Manager reviewed a report dated September 24, 1970, Which i~'d~ated' that the City Council has ~been requested to support a "Conservation Edu- cation Pilot Program" application by the Cypress Elementary School District. The application was approved by the School Board at their meeting on September 22, 1970. The report stated that recent le~islation has made available $176,000 from State and Federal funds for development of pilot programs on conservation. It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried that a letter be directed to the State Department of Education supporting the "Conservation Education Pilot Program" application by the Cypress Elementary School District~ CONSIDERATION OF AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA C~TIES CONFERENCE, bXN DiEGO~ OCTOBER 25~2%t 1970: The City Manager reviewed a report dated October 9, 1970, which indicated that the Annual Conference of the League of California Cities is scheduled for October 25 through 28, 1970, in San Diego, California° It was moved by Councilman Rervey and seconded by Councilman Kanode to authorize members of the City Council, Planning Commission, City Manager and Staff to attend the League of California Cities annual meeting in San Diego, October 25 through 28, 1970, and to be reimbursed for actual and necessary expenses. 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 AUTHORIZATION' TO PURCHASE CHRISTMAS DECORATIONS: The City Manager presented a report dated October 9, 1~0~ wh~'ch indicated that the City Council since 1967, has authorized the purchase of Christmas decorations for the Civic Canter to be used in conjunction with the annual Christmas Lighting Program and Community Sins. The report outlined the various decorations which the City has accumulated in the past, and stated that this year the Staff has secured a proposal for two additional outside Christmas fixtures at a cost of $142 each. In addition, the report stated that an expenditure of $275 would be necessary for the purchase of a 25 foot Christmas tree. After reviewing ~ picture of the proposed decorations, it was moved by Councilman Roberrs and secon,!!~d by Councilman Lacayo to authorize an expenditure of $600.00 for the purchase o; additional Christmas decorations and a Christmas tree as outlined in the report. The -,orion was onanimouely carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None -4- City Council Minutes October 13, 1970 CONSIDERATION OF REqU~.ST TO PURCHASE ARTICULATED HYDRAULIC LIFE FOR TREE PRUNING: The City Manager preSento'S ~ ~e~ort ~a~ed October 9, 19'7d, ~ch state~ 'that 'the" 1970-71 budget includes sufficent funds for the purchase of a hydraulic lift and pruning tools, which would be more suitable than the present equipment used for pruning trees° The report further stated that the Asplundh Company has offered to sell a Model 1L36 lift that was used for demonstrations, which has had limited use, and is being offered at a price reduction of $4,500.00 under that of a new lift. The report indicated that by taking advantage of the available discount for a demonstrator, it is believed that this unit will cost substantially less than a new lift at competitive bid prices° In response to an inquiry from Councilman Lacayo, the Public Works Director indicated that the height of the lift, from the ground, would be appromimetely 36 feet, He further stated that this particular piece of equipment has been utilized by the Public Works Department on a trial basis, and was determined to be the most suitable type of lift for the needs of the community. It was moved by Councilmen Robarts and seconded by Councilm~n Lacayo to authorize the City Manager to proceed with the acquisition of the demonstrator model 1L36 hydraulic lift as offered by the Asplundb Company, for a total cost of $17,000 including tax. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMN 0 COUNCILMEN Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF A RESOLUTION APPOINTING THEDEPUTY. CITY ATTORNEY: The City Manager presented a report dated October 9, 1970, which indicated that the City Council at its regular meeting of August 13, 1967, appointed Richard A. Curnutt as Deputy City Attorney, and that due to changes in personnel and assignments within the firm of Rutan and Tucker, Attorney John Murphy has now been assigned to serve the City of Cypress as the Deputy City Attorney. Therefore, the report stated, it iS requested that the City Council adopt a Resolution appointing Mr. John Murphy as Deputy City Attorney for the City of Cypress. It was moved by Councilman Lacayo and seconded by Councilman Robarts to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING THE DEPUTY CITY ATTORNEY OF THE CITY, The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Robarts and Kanel None None CQNSID~RATION OF :AXEHOP,~AT!ON ~0 EMplOY A .qO.N.~ULT~NT .[q~ :THE ~nESZGN.: QF JUANITA STREET pA~K: The City Manager reviewed a report dated October 9, 1970, which indicated that in previous action the City Council has authorized the demolition ofthe Juanits Park barn end appropriated sufficient funds to complete the demolition end redosign of the park facility. The City Manager, in cooperation with Mr. Bryant of the Cypress Park and RecreatiOn District,! has received a proposal from Mr. Gaylen Sullivan of Recreation Land Planners, lnc. to provide architectural services which would include the design work, drawinge and specifications for the reconstruction of the park prior to the demolition of the barn. In response toCom~cilman Harvey's concam that the traffic solution on JUanira Street might affect the ultimate park design, the City Mm,~ger advised that the design would take approximately three months which should be sufficient time to resolve the traffic issue~ -5- City Council Minutes October 13, 1970 In response to an inquiry from Comcilman Lacayo, the City Manager reviewed the extent of the park redssign project which is basically the result of the decision to remove the existing barn structure. The City Manager further advised that the City Council has previously appropriated sufficient funds to demolish the barn and to =edesign the park, while Park and Recreation funds will be used to purchase the required play equip- mento Following discussion, it was moved by Councilman Harvey and seconded by Councilman Roberrs to authorize the City Manager to employ Recreation Land Planners, Inc. for the redesign of 3uanita Park as outlined in the report, with the cost not to exceed $1200.00o The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Fanode, Lacayo, Roberrs and Kenel None None CONSIDERATION OF REQUEST TO CREATE AN ADDITIONAL PRINCIPAL ENGINEERING AIDE POSITION: ~h~ 'City Manager presented a '~'ep0r~" dated October 9~ i~6; ~hiah 'indiaat~a %hat ' ' during the recent recruitment program for the Principal Engineering Aide position which was left vacant by a promotion within the Public Works Department, two out- standing candidates were placed on the eligibility list. Since past recruitment programs for this position have been extremely difficult, the Public Works Director has requested that an additional position be authorized so that both men can be employed. The report continued, that in order to substantiate this increase in authorized personnel, the Public Works Director is proposing a change in the organi- zation of the Department to eliminate the position of Public Works Inspector upon the retirement of the current Public Works Inspector, which will take place April 30, 1971, and that the existing Principal Engineering Aide who has expressed an interest in the Public Works Inspection field be assigned this responsibility without change in title. The report stated that in the event the Council concurs in this proposal, one of the Principal Engineering AIdes would be employed i~lnediately, while the second would not be employed until approximately December 1, 1970, and that the over-all change in the organization of the Public Works Department would not be fully implemented until May 1, 1971. In answer to an inquiry from the City Manager, the Public Works Director indicated that he had recently spoken with the Public Works Inspector and was informed that he will be submitting a letter requesting retirement as of April 30, 1971, It was moved by Councilman Kenode and seconded by Councilman Lacayo to authorize the establishment of an additional Principal Engineering position in the Public Works Department for the 1970-71 budget for the purposes outlined in this report. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Laceyo, Roberrs and Kanel None None It was moved by Councilman Robarts, seconded by Councilmen Lacayo and unanimously carried to consider Item No. 34 on the agenda at this time. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT .LIST FO~ .W.AR~.._~S .NO. 2.5083 THROUGH 25177: It was moved by Councilman Roberrs and seconded by Councilman Lacayo to approve the Cor~rcial Warrant List for Warrants No. 25083 through 25177 in the total amount of $108,951.42. The motion was unanimously carried by the following · .oll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Ksnel None None -6- Cit~ Council Minutes October 13, 1970 RECESS: It was moved by Councilmare Lacayo, seconded by Councilman Robarts and unanimously carried to recess at 6:00 p.m. until 7:30 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 John Kanel presiding. PRESENT: Councilmen Harvey, Fanode, Robarts, Lacayo and Kanel ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson, and the following members of the City Staff: Dunlap, Poertner, Putnam, S~hatzeder, Nudson, Grissom and Savord. PLEDGE OF ALLEGIANCE: At the request of Mayor Kanel, Councilman Lacayo led the City Council and audience in the Pledge of Allegiance. PRESENTATION OF ANTI-LITTER CERTIFICATES TO WINNERS OF CYPRESS SCHqO~..~I~T.RI~T ANTI- LITTER POSTER CONTEST:7 'Mrs. Nan Steinberg, Presi~nC'~ Wom/n's Club of OFpress,5965 Cathy Avenue, Cypress, stated that it was her pleasure o~ behalf of all of the members of the Cypress Woman's Club, to congratulate the eighteen winners of the fourth annual beautification poster contest which was held in all twelve schools in the Cypress School District. She further stated that all of the winning posters will be displayed at the Civic Center on Saturamy, October 17, 1970, and invited all of the citizens to view them and to cast a ballot in order that a winning poster =am be selected. Mrs. Steinberg then introduced the Visual Arts Chairmn of the Woman's Club, Mrs. Lawrence Block, and her co-chair~m, Mrs. Forrest Lunsway, who presented the certificates to the winners of the Cypress School District Anti-Litter Poster COntest. RECESS: Mayor Kanel declared a recess at 7:45 p.m. The meeting was called back to order at 7:47 pom., with all Councilmen present. ORAL COMMUNICATIONS: There were no oral comunications presented at this time. At the request of Mayor Kanel, the City Manager reviewed the various actions which had been taken by the City Council in the afternoon session. was moved by Councilmaa Harvey, seconded by COuncilman Kenode and unanimously =~arried to proceed to Item No. 8 a on the agenda at this time. CONSIDERATION OF AUTHORIZATION FOR A CROSSING GUARD--EVERGREEN AND GRINDLAY STREET: The City Manager stated that at a recent meeting of the Advisory Traffic Camittee, the placement of a crossing guard at Grindlay and Evergreen Street was approved, and that the Comittee has requested the City Council to appropriate additional funds to provide for this crossing guard. It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to approve the recommendation of the Advisory Traffic Comnittee for a c~ossing guard at Grindlay and Evergreen Street, -7- City Co~icil Minutes October 13, 1970 It was moved by Com%cilmen Kenode ~d seconded by Councilman Harvey to appropriate $1200.00 from the fund balance of the General Fund to Account No. 505-01, for the puzluose of employing a crossing guard~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Robarts and Kanel None None It was the general opinion of the Council to consider Item No. 10 on the agenda at this tim, COI~JJNiCATION FROM CYPRESS SHOW STOPPERS DATED SEPTEMBER 2_2 1970: The City Manager presented a report dated October 9, 1970, which indicated that the City has received a communication dated September 22, 1970 addressed to Mayor Kernel from Karen L. Working, President of the Cypress Show Stoppers Youth Band, requesting financial aid for the continued operation of the band. The report further indicated that the Cypress Show Stoppers has continually provided the City with favorable publicity due to their active participation in various parades throughout Southern California, and have been willing to provide musical entertainment for various civic activities. The report indicated that based on a review of the needed expenditures, it would appear that an appropriation of $1500 would provide the Show Stoppers with the required uniform, and in the event the lower figures are used, would almost meet all of the current needs of the organization. Xn answer to a question from COunCilroe- Kenode, the City Manager indicated that if ~be Council desired, new uniforms for the group could be a specific appropriation. M~o Savetens, Director of the band, addressed the Council stating that he had ~Igntacted a uniform company in Los AnSeles, and then quoted the prices at which new uniforms could be purchased, reply to statements by Councilmm% Kenode and Mayor Kanel, Mr. Savetens indicated -~ha~ vouchers, listing the amount of the expenditures, would be provided to the City. tn ::eply to an inquiry from Mayor Kanel, Mr. Severone indicated that the group would p~Iobably have to rent musical instruments rather than purchase them. At the request of Mayor Kanel, Mrs. Working, President of the Show Stoppers Youth Band~ reviewed the various fund raising activities in which the band participates. Following discussion, it was moved by Councilmen Kenode and seconded by Councilman Harvey to appropriate $1500.00 to the Show Stoppers Youth Band, to be used for material items. 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 RE: MODIFICATION OF CONDITIONAL USE PERMIT NO. C-219: The Mayor announced this was the time and place for the continuation of the Public Hearing to consider the revocation and/or modification of a Conditional Use Permit to allow for the storage and sale of trucks on property located at 4614 Lincoln Avenue~ The Mayor announced that the Public Hearing was open, and requested the Staff to present its reports. The City Manager presented a report dated October 9, 1970 which indicated that the City Council continued the Public Hearing to allow the applicant additional -8- City Council Minutes October 13, 1970 time to prepare a presentation. The report further indicated that the affidavits of posting of the continuation of the Public HeaTing are on file in the office of the City Clerk, and no further communications regarding this matter have been received. The Planning Director then reviewed Planning Staff Report, PC #70-94, dated September 17, 1970, which outlined whet had transpired at the Public Hearings held by the Planning Conmission relative to this matter, and the recommendation of the Planning Commission, which was that the City Council not revoke the Conditional Use Permit, but that the Conditional Use Permit be modified subject to certain conditions, which were also contained in the report. Mr. Jess Harrelson, owner of Garson Incorporated, addressed the Council listin8 the conditions which have been complied with, and an approximate time-table in which he intends to comply with those conditions which ere remaininS. Mr. Hatfalcon stated that the back portion of the property has been de-weeded and oil surfaced, southerly of the proposed well. He stated that he has a contract with the Le Sierra Nursery to accomplish the landscaping, including the planting of trees, which, he indicated, should be planted within the next week. Mr. Herrelson stated that everything will be done according to the plot plan| however, did question whether or not the drainage would have to be placed under the sidewalk, as to do so might have · bearing on when the black top would be put in. In response to an inquiry from Mayor Kanel, the Public Works Director explained that permits for any modification to the sidewalk and curb would coma from the State Division of Highways. Re indicated that the State Division of Highways also controls the drainage in the a~ea, and that any drainaSs that would flow into the 8utter would have to flow under the sidewalk rather than over the sidewalk. Discussion was held relative to the State relinquishin8 Lincoln Avenue, which the Public Works Director indicated, will probably occur in the near future, depending upon when certain maintenance aspects of the street are completed in order that the street would be acceptable to the City. In answer to an inquiry from Councilman Harvey regarding the City's positions relative to the drainage, the Public Works Director indicated that if there would not be a concentrated flow of drains8· over the sidewalk, it would be acceptable to the Engineering Department. Re indicated that at the present time, however, a permit would have to be obtained from the State. The City Manager than suggested that a possible solution to this issue might be to modify the condition until the CitF can obtain a confirmation from the State as to what they will allow, with this information to be brought to the City Council. In answer to an inquiry from Councilmen1 Roberrs, Mr. Harrelson stated that the dirt has been rough graded and is close to grade at this tim. In answer to a question from Councilmen Harvey, Mr. Harrelson indicated that the conditions were all acceptable, and stated that the aspbaltic concrete would be poured as soon as the drainage problem is solved. Re further indicated that he would like to wait before landscaping the front portion of the property until the aspbaltic concrete has bean put in. It was moved by Councilman Robarts, seconded by Councilman Harvey and unanimously carried to close the Public Hearin8 at this time. It was moved by Councilman~ Robarts and seconded by Councilman Harvey to approve the modification of Conditional Use Permit C-219, subject to the following conditions: -9- City Council Minutes October 13, 1970 The truck display area northerly of the proposed wall shall be asphaltic concrete. The area south of the proposed wall shall be oil surfaced; the ground shallbe de-weeded and treated with a weed killer prior to the oil treatment, The area south of the proposed wall shall be aspbaltic concrete after the and of one year if the City Engineer, upon inspection, feels it is necessary. 2, All existing fencing shall be replaced if not in good condition. The applicant shall retain a professional landscape architect to prepare the landscaping as requested by the Planning Conmission, designated as "Exhibit A." The architect shall be commissioned and the landscaping completedinmediately. 4. All major repair work shall be done within a building. 5. All modifications of use or any structures on this property shall be approved by the Planning Co~snission. 6. No flaBs or banners shall be displayed on the property· 7. Exterior lighting shall be directed away from the residential property area to the rear, All improvements shall be made in compliance with the Plot Plan; this is to specifically include those improvements noted on the Plot Plan. The drainage shall be solved to the satisfaction of the City Engineer, if the solution is also satisfactory to the State Division of Highways. Motors shall normally be tested between the hours of 8 a.m. and 6 p·m., except in an emergency situation, when the motors shall be tested on the northerly portion of the property. 10. T~e pre~er~y shall be continually kept in good repair. 11. The permit shall be modified and will be exercised contrary to the terms of the original Conditional Use Permit. 12. Double-stacking of vehicles is prohibited, so as not to constitute an invasion of privacy to the adJ scent R-1 residents. Included in the motion, was that the City notify Mr. Harrelson regarding the State's position as to whether or not a light flow of drainage over the sidewalk would be permitted. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenodes Lacayo, Robarts and Kanel None None It was moved by Councilman Eoberts and seconded by Councilman Harvey to deny the revocation of Conditional Use Permit C-219. 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 CONSIDERATION OF A REPORT ON APPEAL PERIOD AND PROCEDURE FOR PLANNING' CO),ilSSION .DEq!~ONS: The City Manager reco-.~nded that the City Council table this item until such time as the City Council and Planning Commission are able ~ 10 - City Council Minutes October 13, 1970 to meet Jointly to discuss this and other items, relating to the policies regarding Planning Coyemission and City Council relationships. Councilman Roberrs stated that the original request was for a report on zoning determinations rather than decisions, and he requested thata report on this matter be brought Before the City Council. It was moved by Councilman Roberrs, seconded by Councilmen Kenode and unanimously carried to table this item. CONTINUATION OF CONSIDERATION OF "NO PAEXING" AREAS: The City Manager presented a report dated" SaptenOr '8~ 197'0~ which indicated that at its meeting of August 14, 1970, the Advisory Traffic Committee considered and voted to recommend to the City Council establishment of certain '~o parking" areas within the City. The parking" areas include a forty foot (40') area on the south side of Larwin Avenue west of Elizaheth Court; the west side of Bloomfield Street, eighty feet (80') south of Lincoln to a point two hundred feet (200') south of Lincoln Avenue; and an area on the east side of Moody Street from Lincoln Avenue to a point one hundred twenty feet (120') south of Lincoln Avenue, At the request of the City Manager, the Public Works Director pointed to the subject locations on the aerial map. Councilman Harvey stated that as a result of a recent ruling of the Lincoln mobile home park, many vehicles must park on the street. He expressed concern that by establishing '~o parking" areas in certain locations, the City could be creating a future problem by increasing the congestion with on- street parking. Following discussion, it was moved by Councilman Kenode and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING NO PARKING AREAS. Councilman Roberrs related a problem which he has observed in his neighborhood with regard to the increasing amount of vehicles which are parking on Moody Street, due to the lack of public parking facilities within a multiple-unit complex in that vicinity° The motion was unanimously carried by the following roll call vote: AYES: N OE S: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Robarts and Kanel None None RECESS: Mayor Kanel declared a recess at 8:50 p.m. The meeting was called back to order at 9:00 p.m. with all Councilmen present. CONTINUATION OF CONSIDERATION OF POSSIBLE VIOLATION OF CONDITIONAL USE PERMIT NO. C-223: As was requested by the City Council at its meeting of August 31, 1~'7'0', the City Manager presented a report dated October 7, 1970, which contained information which was obtained by reviewing the Planning Commission and City Council official files on Conditional Use Permit No. C-223, a review of the tape recording of the Public Hearing held before the City Council on Conditional Use Permit No. C-223, on-site inspections of the multiple-family development as well as an inspection tour of all multiple-family developments within the City, two meetings with residents of Evergreen Drive, and with representatives of the Larwin Company, individual meetings with the City Attorney, Planning Director, Building Superintendent, Public Works Director, and Mr. Hoffman and Mr. Leggett representing Russ Cormere and - 11 - City Council Minutes October 13, 1970 Associates, who were responsible for the plau checking of this project. The report outlined in detail, the various code requirements pertaining to multiple-family developments within the City~ and discussion as to whether or not this particular development, located on the east side of Moody~ south of Lincoln Avenue, had been constructed in accordance with the conditions set forth In Conditional Use Permit C-223. Following many inquiries from Councilman Robarts directed to members of the Staff regarding this development, it was the general opinion of the City Council that a transcript of this proceeding be made available to the City Council; a copy of which is on file in the office of the City Clerk. RE. CESS: Mayor Fatal declared a recess at 10 25 p.m. The meeting was called back to order at 10:30 p~m. with all Councilmen present. In response to inquiries from Mrs, Wozniak, 5033 Evergreen Avenue, Cypress, the Building Superintendent reviewed the progress which has been made on the various items of construction which were of concern to the adjacent homeowners, In reply to an inquiry from Councilman Roberrs, the City Attorney indicated that an occupancy permit on one unit of · multiple-family development can be repealed due to a violation of conditions which the reduction of the one unit would solve. It was the general opinion of the City Council to continue this matter to the meeting of the City Council scheduled for November 9, 1970. CONTINUATION OF CONSIDERATION OF PROPOSED AMENDMENT TO THE ZONING ORDINANCE NO. 90, 7K~.2OWN' AS ZONE dHANGE Z-187: The City Manager presented a repo*t 'dated September 24, 1970, which indicated that the City Attorney has advised that the City Council must take further action in reference to Zone Change Z-187. The report advised that the City Council, at its regular meeting of September 14, 1970, defeated a motion to approve the subject zone change, however, in order to remove this item from the agenda, a motion to deny must be enacted, assuming this was the intent of the Council. At this time, Councilman Roberrs stated that it is his intent to move again to grant the request to change the zone on the property generally located on the west side of Holder Street, north of Ball Road, from C-2 (General Coninertial) to R-3 (Multiple- fanLily Residential). It was moved by Councilman Roberrs and seconded by Councilman Lacayo to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIL!fEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO, 90, THE ZONING ORDINANCE, BY CNANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM C-2 (GENERAL COt~4ERCIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL) ZONE CHANCE NO. Z-i87, It was moved by Councilman Roberrs and seconded by Councilman Lacayo to adopt the Ordinance. - 12 - City Council Minutes October 13, 1970 Councilman Kenode stated that when the matter was originally considered by the City Council, he had reservations about giving up any com,~rcial property. He indicated that he seconded the motion to adopt the Ordinance when this matter was last con- sidered as he felt that the area would not develop cowwn~rcially; however, at this time, he indicated, before any commercial property is sacrificed, he would prefer to have the Planning CoM4 scion conduct a study of the cov,m~rcial areas within the City, particularly the area in question, and the area at Orange Avenue and Valley View. Therefore, he stated, he would be voting in opposition to the motion at this time. Councilman Lacayo stated that he had voted in opposition to the adoption of the Ordinance when the matter had previously been considered, however, after studying the area in question and considering the feelings of the adjacent property owners, it was his conclusion that he would be in favor of the zone change, as was recommended by the Planning Conmission. Councilman Harvey indicated that the matter had been thoroughly discussed when previously considered by the Council, and that if a motion to deny the request had been made at the time this matter was under consideration, it would have been approved and the zone change would have failed. He further indicated that there has not been any additional information expressed which would warrant additional consideration. Mayor Kanel stated that he has been opposed to this particular zone change since the matter was first considered, as he considered it to be premature at this time. Councilman Roberrs urged a favorable vote on the motion, stating that he considered the zone change to be in the best interests of the citizens. Following further discussion, the motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 3 COUNCILMEN: 0 COUNCILMEN: Laceyo and Roberrs Harvey, Kenode and Kanel NOne It was moved by Councilman Harvey and seconded by Councilman Kenode to deny the request for Zone Change Z-187. Councilman Roberrs stated that he considered this particular property to be ideally suited for an R-3 development, and questioned whether the intention of the Council was not to have multiple-family development within the City. Councilman Kenode stated that should it be determined that the property would be more suitable for a multiple-family development after it has been re-studied, the matter could again come before the City Council either in one year's time, or earlier, with the consent of the Council. He stated that this was not in any way, a statement by the three members of the Council voting against the zone change, that they do not approve of multiple-family development within the City. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode and Kanel Lacayo and Roberrs None Councilman Harvey announced that he would have to leave the meeting before consideration could be given to other items, however, he would like to express his opinion on Item No. 17, regarding the report on weekly street sweeping. He stated that he would like to go on record in opposition to weekly street sweeping, as he did not consider the expense to be J ustified, and indicated that the funds could perhaps be used for parks or another worth ~hile cause, - 13 - City C~"~i~ Minutes October 13, 1970 Councilman Roberrs indicated that the appearance of the City of Cypress is one of the main goals of the Planning Comnission, and stated that there were a number of reasons for the more frequent street sweeping including cleanliness. He strongly urged that the weekly street cleaning be continued, Councilman Harvey stated that with regard to Stem No. 28, he would approve the authorization of the City Manager to enter into a contract with Mr. Cadtic White for appraisal services to appraise the building and land as provided for in the Resolution initiating the detachment proceedings adopted by the Cypress County Water District Beard of Trustees. CONTINUATION OF CONSIDERATION OF REPORT ON WEEKLY STREET SWEEPING: The City Manager p~esented a ~epo~ 'da ' d 'September 24, 19~0, 'f*o& 'the Public Works Director, which indicated that the City Council, during budget hearings, approved inclusion of funds to provide for street sweeping on a weekly basis for two months on a trial basis. The report stated that the streets appear to be visibly cleaner with the weekly sweeping than they were with sweeping on the every other week basis and that the volume of complaints have been reduced. The report continued, that there was some discussion during the preliminary budget hearings relative to the merits of contract street sweeping versus street sweeping with City owned sweepers. The City Manager advised that he had been contacted by Mr. Dickson, who requested that if the Council continued the current weekly sweeping program, that the charges be based on the hourly rate rather than the curb mile rate which had been used for the trial period,, The City Council, at its regular meeting of July 13, 1970, deferred consideration of a street sweeping proposal by Mr. R. L. Baker until October of 1970, in order to review the results of the weekly sweeping for two months, and that in the event the Council determines to continue with contract sweeping, it maybe advisable to seek proposals on either a curb mile basis or an hourly rate basis from the existing contractor and from Baker Sweeping Service as suggested in the City Manager's report for the City Council meeting of July 13, 1970o Councilman Kanodeindicated that he would be inclined to favor the every other week street sweeping, however, would be agreeable to continuing the weekly service for a period of 30 days, Councilman Lacayo stated that he would favor the 30 day continuance of the weekly street sweeping service at this time as he had not seen an actual cost comparison, Mro R. L~ Baker, Baker Sweeping Service, 4372 Jade Avenue, addressed the Council inquiring as to the. status of the proposal which he had submitted. The City Manager explained that it was a proposal and not a bid which was submitted by Mr. Baker, and that before bids can be accepted, the level of service must be determined. In response to inquiries fromMayor Kanel, Mr. Baker stated that he has been in the sweeping business for four years, and listed various places which he has swept, and indicated that he has submitted bids to several cities. In response to an inquiry from Councilman Lacayo, the City Manager indicated that he did not have any survey information as to whether the citizens would prefer the sweeping on a weekly or every other week basis. Mrs. Marion Bakke, 5055 Brunswick Drive, Cypress, suggested that perhaps this item could be placed in the next edition of the Newsletter. It was moved by Councilman Lacayo and seconded by Councilman Roberrs to continue the weekly street sweeping service for a period of one month, and to instruct the City Manager to conduct a survey of the City relative to this matter to be presented to the City Council at its meeting of November 9, 1970. The motion was unanimously carried by the following roll call vote: ~ 14 - City Cormoil Minutes October 13, 1970 AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lecayo, Roberrs and Fanel None Harvey CONTINUATION OF CONSIDERATION OF TENTATIVE TRACT .6559: The Planning Director presented Planning Staff Re'~o~'t PC#70-9~,'dated September 17, 1970, which outlined a list of revised conditions and/or corrections which were made to the original conditions of approval of Tentative Tract Map 6559, listed in Planning Staff Report PC~70-78. In response to an inquiry from Councilman Roberrs, the City Attorney advised that in the absenue of consent to a continuance by the developer, the tract map would automatically be approved without conditions should the City Couploll fail to act on this matter at this evening's meeting. In answer to an inquiry from Councilman Robarts, Mr, Jack King, representing the applicant, the 3o W, KlugDevelopment Company, 4540 Campus Drive, Newport Beach, California, stated that he would prefer the City Council to act on the matter at this evening's meeting, rather than to postpone it until the next regular meeting of the City Council. Discussion was held relative to the tentative tract map, and in response to an inquiry f~om Co'~mcilman Lacayo, the Planning Director stated that the Council is considering the approval of a tract map of 30 lots approximately 104' in depth and 55' wide, the plotting of the houses in the tract, and the elevations. The Planning Director stated that the Planning ConmLission reviewed the homes and elevations as they appear on the tract map. In answer to an inquiry from Councilman Lacayo, the Planning Director indicated chat street-soaping was not discussed at the meeting of the Planning Commission when this item was under consideration, Councilman Roberrs stated that he would be in favor of the reconm~ndation of the Planning Commission, with an added condition which would state that the final plot plan with elevations will be submitted to the City Council for review. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to approve Tentative Tract 6559, subject to the following conditions: I. Drainage shall be to the satisfaction of the City Engineer. Water lines shall be designed to provide a circulating system. 3. Blue border to extend to centerline of Moody Street and to City line. 4. Pedestrian and vehicular access rights shall be dedicated to the City of Cypress for those lots abutting Moody Street and Camp Street. A six foot (6') high concrete block wall shall be constructed along the northerly and easterly tract boundary, this wall being designed such that it is compatible with the existing wall of the Barklay Square tract to the south of the proposed tract and such wall to contain tree wells. 6. Minimum street grades shall be 0.20%. 7, All street light energizing char~es shall be paid. Street light layout shall be by the City of Cypress. 8~ All lots shall drain to the front with a minimum of 1% grade. 9. Cul-de-sacs shall have a forty-three and one-half foot (43.50') radius. 10. Sidewalks adjacent to curbs shall be 5.5 feet in width, with three foot (3') parkway and public utility easements. ~ 15 - City Council Minutes October 13, 1970 All forty-nine and one-half foot (49.50') fifty-one foot (51') and sixty foot (60') streets shall have forty feet (40') of paving curb to curb. All one hundred foot (100') streets shall have eighty four foot (84') of paving curb to curb. A soils report shall be provided by a qualified soils engineer. Street sections to bedetermined by using T·I. of 4.0 on Cul-de-Sacs, Camp Street using T.I. of 4.5 and Moody Street section will be provided by City· 13· Street trees shall be provided in accordance with the street tree policy. Street frontage in front of AP #19-244-064 to be improved in accordance with City standards. Coordination to be between property owners, developer, and City. City to condam property if necessary, The developer's cash contribution shall be limited to the ~lmum of the Optimal Design Fees. The developer shall post a cash deposit to guarantee the future pavement of Camp Street · The amount of the bond shall be determined by the City Engineer. 16. Contractor to enter into · reimbursement agreement for the improvement of Gregory Street. 17. The developer shall pay optional design fees as determined by the City. 18o Plan check and inspection fees amounting to 3~% of the street improvements shall be paid. 19. The models on lots 7 and 19 shall be reversed. 0· Any optional design fees remaining after the acquisition and improvement of the land immediately adjacent and southerly to the tract on Moody Street shall be applied to the acquisition and improvement of open space within the con~nunity. 21. The final plot plan, with elevations, will be submitted to the City Council for review. The motion was unanimously carried by the following roll call vote: AYE S: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None Harvey It was the general opinion of the City Council to proceed to Item No. 25 on the agenda at this time. CONSIDERATION OF '~0 PARKING" AND "ONE-HOUR PARKING" AREAS: The City Manager presented a report dated Octo~'er '6, 1970, which' indicated that at its meeting of September 18, 1970, the. Advisory Traffic Committee considered and voted to recommend to the City Council establishment of certain '~o parking" areas within the City. The areas included in the recommendation are as follows: a '~o parking" area approximately sixty feet (60') long on the east side of Bloomfield, south of Lincoln and north of the driveway to the mobile home park; a '~o parking" area on the east side of Valley View, south of Lincoln Avenue adjacent to the Texaco Service Station; and a one-hour parking limit on the improved portion (approximately eight parking spaces) of the west side of Electric Street north of Lincoln Avenue. - 16 - October 13, 1970 City Council Minutes It was moved by Councilman Roberrs and seconded by Councilman Kanodeto adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO PAI~ING" AREAS. The m~tion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kunode, Lacayo, Roberrs and Kanel None Harvey it was moved by Councilman Roberrs and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A ONE-HOUR PARKING LIMIT. The motion was unanimously carried by !the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo. Roberrs and Kanel None Harvey CONSIDEREEION OF PROHIBITION OF OVERNIGHT PARKING qF LARGE TRUCKS: The City Manager present~'d a"r~port dated October 5, 1970, which ~ndicated that at its meeting of Septe~er 18, 1970, the Advisory Traffic Co~.m4ttee voted unanimously to recormmend the adoption of an Ordinance by the City Council, prohibiting the overnight parking of large trucks. The report indicated that Ordinances and enforcement practices of other cities were reviewed and the Traffic Committee considered a number of methods to accomplish an appropriate parking restriction; however, the remedies were not feasible under the California Vehicle Code or the City Code, which prohibits parking of large vehicles only on streets with a width of forty feet or less or on wider streets where the vehicle is parked within fourteen feet of a painted lane line. The report stated that a relatively new section of the California Vehicle Code authorizes cities to prohibit the parking of vehicles between 2:00 a.m. and 6:00 a.mo without the necessity of extensive signing, which would appear to be the most suitable solution to the problem, without creating additional difficulties. Councilman Roberrs indicated that he was concerned due to the fact that quite often truckers leave their trailers unattended on Moody Street. parked in front of the library, thereby creating a total blind spot to those driving out of the area. It was moved by Councilman Roberrs and seconded by Councilman Kenode to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kunode, Lacayo, Roberrs and Kanel None Harvey Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 16-73 OF THE CYPRESS CITY CODE RELATING TO RESTRICTION OF WIDE VEHICLE PARKING DURING HOURS OF DARKNESS BY ADDING THERETO SUBSECTION (C) , WHICH PROVIDES FOR PROHIBITING THE PARKING OF SUCH VEHICLES BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 P.M. - 17 - i ~c Minutes Ctyu' il October 13, 1970 It was mo~ed by Councilman Roberrs and eatondad by Councilman Kenode to approve the first reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: NOES: AB SENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Ksnnde, Lacayo, Roberrs and Kanel None Harvey At this time, at the suggestion of Counci~n~sn Lacayo, it was generally agreed by the City Council to consider Item No, 19 on the a~enda, pertaining to the agreement between the Consultant and City for the TOPICS Plan and Study Report, at the next meeting of the City Council when all Comcilmen are present, as a substantial sum of money is involved. CONSIDERATION OF AUTHORIZATION TO SECURE APPRAISAL SERVICES TO ..APPRAISE THE BUILDING AND LAND OF THE CYPRESS COUNTY WATER DISTRICT: T~e City Manager presented a report dated october 9, 1970 reviewing the status of the acquisition of the land and building of the Cypress County Water District, which was a condition of the detachment of the City of Cypress from the District. The City Manager requested authorization to ermploy Mr~ CadriG White for appraisal services for the acquisition of the Cypress County Water District building and land. It was moved by Councilman Roberrs and seconded by Councilmad Kenode to authorize the City Manager to enter into a contract with Mr. CadriG White for appraisal services to appraise the building and land as provided for in the Resolution initiating the detachment proceedings adopted by the Cypress County Water District Board of Trustees. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Ksnel None Har~ey It was moved by Councilmen Kenode and seconded by Councilman Lacayo to direct the City Manager to cou~nunicate with the Board of Trustees of the District advising that the City is proceeding with the appraisal and would anticipate possible acquisition cf the facility as of the first of the year. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COXTNCILMEN: Kenode, Lacayo, Roberts and Kanel None Harvey ~.O.N.S. IDERAAT, IqN..q~ .4 ~ROPq~.RESOL.UTION OPPOSING THE INCORPORATION OF IRVINE AS A CITY IN THE .CQI~.T~. QF.0.RANGE UNTIL STUDY BY THE COUNTY ~"RE~ COI~.L~TED: Councilman Roberrs stated that the cities in~nediately adjacent to present county area in Orange County which is being considered for incorporation as a city have unanimously prepared statements to the Board of Regents of the University of California not to endorse at this time, the proposed City of Irvine; but rather to wait until the studies which have been instituted by Orange County as to the effect of this city on the entire County are completed. Me stated that the Board of Regents are meeting on Friday, October 16, 1970, and proposed that the City Council of Cypress draft a Resolution urging the Board of Regents at the University of California not to endorse the proposed City of Irvine until such time as the studies have been completed. In answer to an inquiry from Mayor Kenel, Councilman Roberts stated that the Irvine Corporation will request that the Board of Regents endorse the proposed city. Following discussion regarding the effect that the incorporation of Irvine would have on the County, Councilman Lacayo indicated that he felt that the Board of Regents should not be supporting something that has not happened publicly. - 18- City Council Minutes October 13, 1970 Councilman Kenode indicated that he considered those serving on the Board of Regents to be very capable businessman as well as State political leaders who would not act tmder circumstances that would not be in the best interests of the University and the State as a whole. Me further indicated that for the City of Cypress to interfere with the Board's Judgement would probably be taking a step further than the City should take. Mayor Kanel stated that he would not consider notification concerning this matter to the Board from the City of Cypress to be interference, and indicated that an area the size of Irvine would have quite an impact on the County, should it become a City. At the request of Mayor Kanel, Cotmcilman Robarts read in full, the Resolution which was recently adopted by the City of Santa And relative to this issue. Following discussion, it was moved by Councilman Robarts and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1112 A RESOLUTION OF TME CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE REGENTS OF THE UNIVERSITY OF CALIFORNIA TO DEFER ACTION ON ENDORSEMENT OF THE PROPOSED CITY OF IRVINE. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Laceyo, Roberrs and Kanel NOES: 1 COUNCILMEN: Kanode ABSENT: 1 COUNCILMEN: Harvey ADJOURNMENT: It was moved by Councilman Kanode, seconded by Councilman Lacayo and unanimously carried to adjourn at 12:35 a.m. to 4:30 p.m. on Thursday, October 29, 1970. MAY~RiOF THE ~ITY OF' CYPRESS ATTEST: ci{Y c' oF cYP ss' LE - 19 -