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Minutes 70-12-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 14, 1970 The regular meeting of the Cypress City Council was called to order at 4:07 p.m~ ~ on Monday, December 14, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PP~ESENT: Councilmen Lacayo, Roberrs and Kanel ABSENT: Colmcilmen Harvey and Kenode Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson and the following members of the City Staff: Poertner, Nudeon end Grissom. MINUTE It was moved by CounCilman Roberrs, seconded by Councilman Lacayo and unanimously carried to defer thei consideration of the Minutes of NOvember 16, 1970 and November 23, 1970 tD the eveniing session when all Councilmen are present. STAFF REPORTS AND DISCUSS. IONS: The City Manager reviewed the various items contained in the Progress Report, follDwing which, it was moved by Councilmen Roberrs, seconded by Councilman Lacayo and unanim~usly carried to invite the Planning Commission to meet with the City Council at the afternoon session of the regular meeting of the City Council scheduled for January 11, 1971~ Following a general discussion regarding the Public Utilities Commission study of landscaping railroad rights-of-way, it was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to direct the City Manager to prepare a report relative to this matter, to be presented to the City Council at its meeting scheduled for December 28, 1970. Discussion was held relative to the formation of local regional governments, end in response tc an inquiry from Councilman Roberrs, Mayor Kanel indicated that he would bring this matter before the Orange County League of California Cities for discu~sion~ Discussion ensued with regard to the proposed Orange County Humen Relations Commission, whereas Councilman Roberrs indicated that he felt the City Council should support this organization which is being formed to assist the minority groups within the County. At this time, Councilman Roberrs brought before the Council, the matter of directing coImmunications to North Viethem requesting the release of Prisoners of War from the Cypress area° It was the general opinion of the Council that each Councilmen would draft his own letter end submit it to the City Manager's office where it will be typed on City stationery. Councilman Roberrs requested that information as to the format of the letters be prepared by the City Manager and presented at the December 28, 1970 meeting of the City Council~ RECESS: Mayor Kanel declared a recess at 4:45 p.m. The meeting was called back to order at 4:55 p~mo with the following Councilmen present: PRESENT: Councilmen Lacayo, Roberrs and Kenel ABSENT: Councilmen Harvey and Kenode City Council Minutes December 14, 1970~ !f-~'7 At the request of the City Manager, it was moved by Councilman Roberts, seconded by Councilman Lacayo and unanimously carried to place the consideration of the proposed plans for the redssign of the Juanits Street Park on the agenda as Item No~8ao Discussion concerning a suitable date in which to conduct the Public Hearing relative to the City's Townscape Element of the General Plan ensued, whereas Councilman Roberrs expressed a desire to have the Planning Commission present when the Public Hearing before the City Council is held, The City Attorney then reviewed the problems which would be involved should individual members of the Planning Couanission testify at a City Council Public Hearing regarding e matter which has been a subject of a Public Hearing before the Commission. He added, that the problems may not be sufficiently great to prevent the Council from inviting the Commission to attend the Public Hearing before the City Council on the Townscape Element; however, that before going further, into other areas, this type of procedure should be studied. Following discussion, it was the general opinion of the City Council that the City Attorney make a determination as to the types of Public Hearings whereby this procedure could be used, after which, the City Council will set a date to hold the Public Hearing on the Townscape Element. In response to an inquiry from the City Manager regarding whether or not the City Council would desire to place a Christmas Greetings advertisement in the newspaper, it was the consensus of the Council to continue with the past policy of utilizing the City's Newsletter for this purpose° RECESS: It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to recess at 5:25 p0m. until 7:30 p.m. CALL TO ORDER: The meeting was called to order at 7:30 p.m., in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kenode, Lacayo, Roberrs 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, Heruandez, Schatzeder, Savord, Nudeon and Grissom~ PLEDGE OF ALLEGIANCE: Girl Scout Caderrs Troop 1656 led the City Council and audience in the Pledge of Allegiance° MINUTES: It was moved by Councilmsm Lacayo, seconded by Councilman Roberrs and unanimously carried to approve the Minutes of November 16, 1970 and November 23, 1970 as pre- santed~ At the request of Mayor Kanel, the City Manager reviewed what had transpired in the afternoon session of the City Council. CO~S~DERATmN OF _AWARD O~ qONT~.CT-=CEmU~OS AVENF~ FROM .~ ~, TO .VALLE~ V~EW: The City Manager presented a report dated December 4, 1970, from the Public Works Director, which outlined the bids which were received by the City for the improve- ment of Cerritos Avenue from Denni Street to Valley View Street, Project #7001-10- 0491~ -2- City Council Minutes December 14, 1970 In response to inquiries from Councilma~ Lacayo, the Public Works Director explained the basis whereby the Engineering Department estimates the costs for a project, and stated that sixty working days are allowed for completion of this project. In answer to an inquiry from Cotmcilman Roberrs, the Public Works Director stated that the Deeco Engineering Contractors, who submitted the lowest bid, have not previously performed work for the City; however, they have satisfactorily completed projects for other cities in the area. It was ~mved by Cotmcilman Lacayo and seconded by Councilman Kenode to determine that the lowest and best bid was submitted by Deeco Engineering Contractors, 13071 Kerry Street, Garden Grove, California, for the construction of street improvements on Cerritos Avenue from Denni Street to Valley View Street, and to award the contract t~ Deeco Engineering Contractors as per their proposal dated December 3, 1970 in the amount of $174,927o94, and to reject the proposed deduction of $1,250o00 fcr allowing closure of the streeu~ The motion was unanimously carried by the following roll call vote: ~YES~ 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode~ Lacayo, Roberrs and Kanel None None CONSIDERATION OF AWA.RD .OF CONTRACT FOR 0N~ (1)..~:TON CAB A~.D CHASSIS: The City Manager presented a report dated December 4, 1970, from the Office of the Finance Director, ~nich indicated that the only bid received for the purchase of one (1) One rim Cab and Cha~sis~ was submitted from Guaranty Chevrolet, 711 East 17th Street~ Santa Aria, California, in the amount of $3,178~40, including sales tax° The :report further indicated that a review of the bid indicates that specifications have been met, and that ~he 1970-71 budgeted appropriation in the Public Works Maintenance Division capital outlay account is sufficient for this purpose. In reply to an inquiry from Councilman Lacayo, the Public Works Director indicated that the one ton cab and chassis will be used by the Public Works Department as a paint truck° it was moved by Councilman Kanode and seconded by Councilman Lacayo to accept the bid of Guaranty Chevxolet as the lowest responsible bid and to award the contract for the purchase of one (1) One ton Cab and Chassis to Guaranty Chevrolet. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None ORAL COI~FONICATIONS: Mz~ Ken Nash, 5371 Wicker Drive, Cypress addressed the City Council stating that his street was in need of improvements as it is generally unsightly, and remains flooded, due to rain, for long periods of time° Mr~ Nash indicated that he was concerned about improvements in both the east and west direction as well to the north and south~ In response to an inquiry from Mayor Kanel, the City Manager indicated that at this particular time, there are no projections for improvements in that area, as the City does not have full right-of-way, and that basically, it is a private street. The City Manager stated that as a result of the acquisition of a lot on Wicker Drive by the City, a portion of the street could be improvedif funds are available~ In answer to a question from Mayor Kanel, the Public Works Director indicated that he had not been aware that there had been substantial flooding on the street; although he was sure that the street was not properly maintained. -3- City Couacil Minutes December 14, 1970 the City Manager indicated that a procedure which might be considered which would be available to the property owners, would be to establish an assessment district in the area whereby the property owners would agree to dedicate and to perhaps participate to some degree in the improvement in the area. It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to place this item on the agenda for consideration. It was moved by Councilman RoberUe, seconded by Councilman Lacayo and unanimously carried to direct the City Staff Uo study this issue and to present a report to the City Council at the next regular meeting of the City Council. Mr~ James Ashley, 6711 Kiwi Circle, Cypress, addressed the Council expressing concern because certain property, located between Knott and New Zealand Avenue, and which is adjacent to his home, is being used for the purpose of racing motorcycles, Councilman Harvey indicated that he recently observed the motorycyles on Orangewood Avenue, and agreed that it was extremely noisy° It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to place this item on the agenda for consideration as Item No. 14 a. It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to consider Item Noo 11 on the agenda at this time. 90~TJ~UATXON OF CONSIDERAT~N .0~ ~O~SIBLE ~IOLATION OF CONDITIONAL USE PERMIT NO. C-223: The City Manager reviewed a report dated December i0~ 1970 WhiCh indicated that no additional questions have been submitted regarding this matter which was previously considered aU meetings of the City Council held on October 13, 1970; November 9, 1970; and November 23, 1970. It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carzried tc table this item until the conclusion of the Staff's study in response to questions which Councilman Roberrs plans to submit~ PUBLIC HEARING RE: CONSIDERATION OF AN APPLICATIO~ [0~ .~q~.A~. ~.R~.~ .TQ .~O~IqI~ ~OOR- TO-DOOR SALES OF FULLER BRUSH PRODUCTS: The Mayor announced this was the time and place for the Public Hearing to consider an application for a Special Permit to solicit door-to-door sales of Fuller Brush products in the City of Cypress as requested by Mr~ Robert Lo Yoho on behalf of Fuller Brush Company, 2505 Oshkosh, Anaheim, California. The Mayor declared the Public Hearing open and requested the Staff to present its report° The City Manager presented a report dated December 4, 1970, which indicated the affidavits of publication and posting of the Public Hearing notices on this matter are on file in the office of the City Clerk, and that the Chief of Police has conducted an investigation in accordance with Section 15-60 of the Cypress City Code and finds no reason to protest the granting of this Special Permit. In response to an inquiry from Councilman Lacayo, the applicant, Mr. Yoho, stated that some years ago he had conducted sales within the City of Cypress, and that he is now licensed in most cities in Orange County. He indicated that he has been with the Fuller Brush Company for eighteen years, and has conducted sales in Orange County for nine years~ In answer to a question from Councilman Roberrs, the applicant indicated that he would have a need for additional employees, and was then informed by Mayor Kanel ~hat each additional employee would be required to obtain a license from the City. There being no one to speak in opposition to the granting of Uhe Special Permit, the Mayor declared the Public Hearing closed. City Cotmoil Minutes December 14, 1970 It was moved by Councilman Harvey and seconded by Councilman Roberrs to grant the Special Permit to Mr.I Robert L, Yoho on behalf of the Fuller Brush Company. The motion was unanimously carried by the following roll call vote: NOES: ABSENT: 5 COUNCILMEN .~ 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None PUBLIC HEA/~ING RE: CONSIDERATION OF AN APPLICATIOn .FqR AN AMEnDMEN~ T0 THE ZONING ORDINANCE, KNOWN ~S. ZONE C~GE NO. Z-l~9: The Mayor announced this was the time and place for the Public Hearing to consider an application for an amendment to the Zoning Ordinance, initiated by Frost Construction Company, 7332 Florence, Downey, California, and known as Zone Change Z-189. The Mayor declared the Public Hearing open and requested the Staff to present its rsports~ The CiTy Manager presented a report dated December 9, 1970, which indicated that this Public Hearing is to consider an application for an amendment to the Zoning Ordinance Noo 90, to change the zone of a certain parcel of land from R-1 (Single- Family Residential) to R-3 (Multiple-Family Residential) on property generally located 414 feet north of Ball Road along the center line of Bloomfield Street. The report further indicated that the affida~-lte of publication, posting and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk~ and that no written communications either in favor of or in opposition to the pruposed I~hange of zone have been received~ The Secretary cf the Planning Commission then presented Planning Staff Report PCf70-ilT, dated December 8, 1970, which described the surrounding properties, and indizated that the Planning Co~mlission discussed in detail other possible zones for this parcel of ground and that it was ultin~ately decided that R-3 would be the best zoneo Mr~ F.! Wo Hun~phries, 9631 Eo Alondra Blvd~, Bellflower, California, addressed the Co~cii stating that he was representing the applicant, Mr~ Frost, who was ill and could not be preaent~ Mr. Hurmphries then submitted a co~nanication from Mr. Frost appointing him as his zepresentativeo Mr. Hurmphries stated that Mr. Frost has been in construction business for years and builds beautiful, modern apartments which are conducive to adult living~ He further stated that he felt the develcp~nt ~nich Mr. Frost is proposing would be the highest and best use for the odd shape of the parcel of land. In response to an inquiry from Councilman Lacayo, the City Manager indicated that the triangular-shaped property in question has remained in the R-1 zone as it did not contain the required acreage to qualify for a Planned Develop~nt zone. There being no one to speak in opposition to the proposed zone change, the Mayor declared the Public Hearing closed. In answer to an inquiry from Councilman Roberrs, the Secretary of the Planning Commttssion stated that under R-3 zoning, approximately 29 dwellingunits could be constructed per acre; thus in this particular three acre parcel, as many as 87 units could be constructed~ He then indicated that the 100' setback requirement did not seem to present a problem to the applicant. Mayor Kanel then indicated that he would be in favor of continuing the consideration of this matter to allow an opportunity for further study° Councilman Kanode questioned whether or not a medical building or something of that nature had been considered, as he felt that there was a possibility of an extension of commercial property without being a hinderante to the surrounding property. Councilman Kanode further inquired as to why the Planned Development Zone -5 - City Council Minutes December 14, 1970 was limlted to five acres, and suggested that perhaps the requirement could be 'reduced and applied to the property in question~ It was n~ved by Councilman Roberrs and seconded by Councilman Lacayo to continue the Public Hearing on this matter to the next regular meeting of the City Council scheduled for December 28, 1970, to allow time for further study. Councilma~ Harvey stated that in view of the fact that this property is adjacent to a commercial area on the south and a high density area on the north, it would appear that the highest and best use for the property would be R-3. Councilman Har~ey expressed concern that perhaps there would be a competitive factor, should the properuy be utilized for a co~nercial office building; however, added, he would concur with the motion in order to obtain additional information. The mo.~ion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Roberrs, seconded by Coancilman Kenode and unanimously carried to place on the agenda at this time, a question of zoning. It was moved by CoancilmanRoberts and seconded by Councilman Kenode to initiate proceedings which would eliminate the five acre requirement for a Planned Development zone~ The motion was ~manimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Roberrs, seconded by Coancilmsa Lacayo and unanimously carried to request the Planning Comnission to consider, in its present studies r~lative to multiple-unit development, increasing the parking space requirement to two spaces per units EXECUTIVE SESSION: It was moved by Mayor Fanel, seconded by Councilman Roberrs and unanimously carried to go incc an Executive Session at 8:45 p~mo for the purpose of discussing litigation and a matter of personnel~ The m~eting was called back to order at 10:13 p.m. with all Councilmen present~ It was mo-~d by Councilmen Kenode, seconded by Councilman Harvey to place on the agenda at this time, Orange County Superior Court Case No. 176766, City of Cypress vs~ Stafac, Inc~, et el. It was moved by Councilman Kenode ~he settlement of the case of the Orange County Superior Court Case motion was unanimously carried by and seconded by Councilman Harvey to approve City of Cypress vso Stafac, Inc. et el, No. 176766 in the total sum of $8,333.00. The the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberts and Kanel None None It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to place on the agenda for consideration at this time, the case of the City of Cypress ve. Sam 0rmont, et el. -6 - i!l/City Council Minutes December 14, 1970 It was m~'~ed by Councilman Kenode and seconded by Councilman Harvey to authorize the settlement in the case of the City of Cypress vs. Sam Ormont et al~ Orange County Superior Court Case No. 171958, in the total amount of $3~,700.00. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Har~ey, Kenode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Kanode~ seconded by Councilman Harvey and unanimously carried to place on the agenda at this time, the consideration of the case of Hitzman vs. the City of Cypress. It was moved by Councilman Kanode and seconded by Councilman Harvey to authorize the settlement in the case of Hitzman vs. the City of Cypress in the total amount of $2,t75.00 and to appropriate $2,175.00 from the fund balance of the General Fund to Account 450.58. 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 At the request of the City Manager, it was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to place the consideration of authorizing an addi~iDnal Police Officer position in the current budget on the agenda at this time. It was moved by Councilman Roberrs and seconded by Councilman Harvey to authorize an additional position of Police Officer in the current budget. The motion was %manimously carried by the following roll call vote: A~'ES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONSENT CALENDAR: The Mayor announced thac all matters listed on the agenda under "CONSENT CALENDAR" were to be considered by the Council as routine and enacted by one motion approving the Recommendation on the Administrative Report concerning the metter~ He further advised that any item listed under the consent calendar could be removed at the request of a Councilman, as was Item No. 5 at the request of Councilman Harvey. It was moved by Councilmen Roberrs, seconded by Councilman Kenode and unanimously carried to approve Items 3, 4, and 6 on the consent calendar. item Noo 3: Auditor's report for the period ending September 30, 1970. ReconmBndation: That the City Council receive and file this notice. item Noo 4: Notice of the Public Utilities Commission allocation for Walker Street railroad crossing. Recommendation: That the City Council receive and file this notice. Item No. 6: Buena Park Resolution regarding involvement of local government in the Regional Planning Process. Recommendation: That the City Council request the City Manager to notify the So. Calif~ Association of Governments Executive Board that the City Council supports the Resolution of the City of Buena Park that Regional Planning should involve representa- tives of local government. -7- City Cotmcil Minutes December 14, 1970 CONSIDERATION OF NOTIFICATION OF APPLICATION FOR RATE INCREASE BY ~THE SOUTHERN CALIFORNIA EDISON COMP.ANY: The City Manager presented a report dated December 10, 1970, which indicated that the Public Utilities Con~nission has notified the City Council that the So. Califo Edison Company has made application for a rate increase, and that since this application will be reviewed by both the Staff and members of the Public Utilities Con~nission, it would appear that no action is required by the City Council at this time. In answer to an inquiry from Councilmau Harvey, Mr. Dun Milligan, Manager, Cypress/Los Alamitos Southern California Edison Company, stated that the Public Utilities Comission did not deny the Edison Company's request to expand the facilities at Huntington Beach. Councilman Lacayo expressed concern over the amount of the proposed increase, with the 1304% increase in street-lighting charges, which he felt would be a burden on the taxpayer, in particular. Councilman Lacayo indicated that more information regarding this matter should be obtained, after which a position could be taken by the City Councilc Councilman Roberrs concurred with Councilhum Lacayo's state- FollDwing discussion, it was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to continue the consideration of this matter to the next regular meeting of the City Council and to request the City Manager to obtain additional information on the proposed increase. In response to an inquiry from Mayor Kanel regarding the rate base, Mr. Milligan stated that the Edison Company is forced to double the size of the system every eight to ten years. CONSIDERATION OF PRELIMINARY RBDESIGN PLANS--JUA~.ITA ST.R~.~ .~ARK: The City Manager indicated that this matter had been brought before the City Council for its approval before proceeding with the final drawings. The Recreation and Park Director then explained the proposed plans in detail and displayed a pamphlet depicting wooden play equipment for possible use at the site. In answer to a question from Mayor Kanel, the Finance Director indicated that bids had been received for the removal of the roof of the barn, which will probably be cQmpleted within five working days° Councilman Lacayo then stated that he would be reluctant to make a decision regarding the development of the park, without giving those persons who were originally concerned about the Juanits Street Park an opportunity to review the drawings° In answer to a statement by Councilman Lacayo, the Recreation and Park Director indicated that unless the Council did take action on this matter, the demolition of the barn would be delayed, as the total demolition cannot be done without destroying the irrigation system, which, he indicated, should first be replaced in order that the entire park would notbe lost. Councilman Roberrs indicated that the destruction of the barn is being done as a result of the request of the citizens who reside in the Juanits Street Park area, and that they should have an opportunity to view the plans and to be aware of wh~E is proposed for the area° Councilman Harvey stated that the real problem which was expressed by the citizens in the vicinity of Juanits Street Park was the danger, rather than the facilities, which existed at the park. In addition to the danger element~ Councilman Harvey stated, it was difficult to observe the park from the street level, and the citizens were concerned over the fact that the park was unsupervised. Councilman Harvey further stated that he felt that the citizens are primarily interested in a park -8- City Council Minutes December 14, 1970 which can bs used, and facilities which can be utilized by the children in the azea~ He added, that he felt that the plans which are proposed seem to be quite adequate ~ Counncilman Lacayo indicated that he did approve of the proposed plans for the park; however, he did feel that the citizens should be given the opportunity to view tham~ It was r~oved by Councilman Lacayo and seconded by Councilman Roberrs to continue the consideration of the proposed plans for the redssign of Juanira Street Park to the reveler meeting of the City Council scheduled for December 28, 1970, and ~o Iequest the City Manager to coordinate this matter with the citizens who expressed an interest in the Juanira Street Park. Discussion ensued relative to the delay in approving the proposed drawings. In reapsnee to an inquiry from Councilman Kenode, the City Manager indicated that this item had not originally been placed on the agenda for this evening's meeting as it was Just a matter of approving the concept prior to the preparation of working drawings ~nich will come to the City Council for approval before going out to bid. Council~ja'. Kenode then stated that he was satisfied with the concept, which had been supplied by a licensed architect~ Mayor Kanel indicated that he felt the citizens were primarily concerned with having a safe, useful park and are quite anxious to have the demolition of the barn completed~ Mayor Kanel further suggested that the City Manager might contact Mrs° McQuaen, who addressed the City Council urging the demolition of the barn as it was a safety hazard, and inform her as to what is being proposed for the site. FollD~ing discussion, Councilman Robarts withdrew his second to the motion, suggesting that the City Staff distribute information to the people in the area, which would accomplish the purpose for continuing the matter° Councilman Lacayo stated that he appr3ved of the park design, and that his only reason for wishing to continue the matter had been to allow the citizens of the area time in which to view the plans. He than withdrew his motion° It was n~ved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to appxove the proposed plans for the redssign of the Juanira Street Park. CONTINUATION OF CONSIDERATION OF STREET SWEEPING ~BV!CES: The City Manager presented a report dated November 19, 1970, which indicated the City Council approved an expendizuxe of $21,000 for street sweeping services in the current year's budget, which was based on continuing the hi-weekly sweeping service which had been provided in the past~ The report further indicated that the Council elected to increase the the sweeping schedule to a weekly program on a trial basis during the months of August, September, October and November. The trial program, which was on a curb mile cost basis, reaffirmed the Staff's opinion that a more effective street sweeping program can be provided on an hourly basis, which was used under the hi-weekly schedule~ The report stated that serious consideration was given to a combination sweeping program which would involve a weekly sweeping schedule during the late spring, summer and early fall months, at which time there appears to be a larger accumulation of lawn cuttings and debris in the streets, with a hi-weekly schedule being used during the winter months when lawn watering, rain, and other factors tend to keep the streets in better condition. It was moved by Councilman Roberrs and seconded by Councilman Harvey to authorize the Public Works Director to secure bids for the street sweeping service to cormmence Januarj 1, 1971 until June 30, 1971 on a hi-weekly sweeping schedule. The motion was u~animously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, P~berts and Kenel None None -9 - City CouncilFlinutes December 14, 1970 At the request of Mayor Kenel, it was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to place the consideration of a Resolu- tion colm~ending the Cypress Volunteer Fire Department on the agenda at this time. It was m~ved by Councilman Lacayo and seconded by Councilman Earroy to adopt the following Resolution by title only, title as follows: RESOLUTION NO~ i126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE MEMBERS OF THE CYPRESS VOLUNTEER FIRE DEPARTMENT FOR COMMUNITY SERVICE The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs end Kanel None None At the request of Mayor Kenel, it was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to direct the City Manager to forward Letters of Commendation to Mr. Robert McCracken and Mr. Charles Ridgeway for their cutstanding service with the Cypress Volunteer Fire Department. Iu was mi~ved by Councilmen Roberrs, seconded by Councilman Lacayo and unanimously ca~Iied ~ o consider ~he following items on the agenda at this time: Items No. 17, 19, 20, 21, 22, 23, 24, 27, 28, 29 and 30° CONSIDERATION OF CYPRESS LIGHTING DISTRICT NO~ 2: The City Manager presented a ~e~r~ dat'ed November 23, l~70,'from the'Pdbll'c' Works Director, which indicated that at ins regular meeting of November 9, 1970, the City Council adopted Resolutions No, 1115, 1116, 1117, and 1118, relative uo the establishment of Cypress Lighting District No~ 2, The report further indicated that two Resolutions have been prepared to azcomplish further procedures which are required under the Street Lighting Act of 1919~ It was moved by Councilman Roberrs and seconded by Councilman Kenode to adopt the fDllowing Resolution by title only, title as follows: RESOLUTION N0o 1127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY, DATED OCTOBER 16, 1970, PREPARED PURSUANT TO RESOLUTION NOo 1104 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NO. 1116 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE AND ASSESSMENTS CON- TAINED IN SAID REPORT: ORDERING THE INSTALLATION OF THE STREET LIGHTING SYSTEM OF THE CYPRESS NO~ 2 LIGHTING DISTRICT: TO-' GETHER WITH ANNEXATION NO. 9: ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN RESOLUTION OF INTENTION NO, 1117 AND RESOLUTION APPOINTING THE TIME AND PLACE FOR HEARINGS NO~ 1118, ALL IN ACCORD WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919" The motion was unanimously carried by uhe following roll call vote: AYE S: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kenel None None - 10 - City Council Minutes December 14, 1970 It was moved by Councilmea Lacayo and seconded by Councilman Roberrs to adopt the following Resolution by title only, title as follows: RESOLUTION NO~ 1128 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE OF F~ING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FUI~NISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT AND ORDERED TO BE INSTALLED BY RESOLUTION NO. 1116 OF SAID COIrNCIL, ALL IN ACCORD WITH AND PURSUANT TO THE PRO- VISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919" The motion was %n%animously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILI~N: ABSENT: 0 COUNCILP~N: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF EXTENSIQN OF OFFICE LEASE .WITH THE CYPRESS CHAMBER OF COI~ERCE: Ih~"dity Manager presented a r~por~ 'aa~e~ 'December '10, 1970, w~i~h '~ated office s~Dlease with the Cypress Chamber of Commaarcs, approved by the City Council cn Ncvember 24, 1969, expires on January 31, 1971. The report further stated that the s'~blaase, which provides for a $1.00 per year rental fee for the use of Civic Cen~er space now occupied by the Chamber, includes all utilities except telephone service° It was moved by Councilman Roberrs and seconded by Councilman Lacayo to authorize the City Attorney to prepare the necessary agreement for extension of the sublease with the Cypress Chamber of Commerce, and to authorize the Mayor to sign and the City Clark to attest the agreement~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kenel None None CONSIDERATION OF .EXTENSiOn. OF OFFICE LEA~E .WITH ~HE CyPRE. SSREC.REA%ION AND PARK DIS~...RICT: The City Manager reviewed a report dated December 10, 1970, which indicated the office sublease with the Cypress Recreation and Park District, approved February 10, 1970, expires on January 31, 1971. The report stated that the sublease provides for the use of office space and all utility costs, including telephone service, for a rental fee of $150.00 per month. It was moved by Councilman Robarts and seconded by Councilmm~ Lacayo to authorize the City Attorney to prepare the necessary agreement for extension of the sublease with the Cypress Recreation and Park District for a six month period, and authorize the Mayor to sign and the City Clerk to attest the agreement. The motion was unanimously carried by the following roll call vote: AYES: N OE S: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None - 11 - City Council Minutes December 14, 1970 CONSIDERATION OF RENEWAL OF ANIMAL CONTROL SERVICE AGREEME. N.T: The City Manager reviewed a report dated December 10, 1970, which indicated the City of Cypress has utilized the services of the Orange County Pound Department for the enforcement of animal control regulations since December, 1961; during which period the City has consistently adopted the provisions of the Orange County Animal Control regulations and fee schedules in order to continua with the County service. The report stated that although there is no direct cost to the City for the services provided, the County Pound Department receives all revenues derived from the issuance of licenses and fees for service which are paid by individual animal owners. The report outlined the services which are included in the agreement with the County, and advised that the agreement provides that the City must advise the Orange County Board of Super- visors one year prior to the expiration date of the agreement as to whether or not the City wishes to continue to receive the services of the County Pound Department. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to authorize the City Manager to notify the Orange County Board of Supervisors that the City of Cypress wishes to renew the Animal Control Services Agreement for the five-year period expiring December 19, 1976. 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 CONSIDERATION OF CLAIM FOR DAMAGES--MR. RO~ERT.E~ PRICE: The City Manager presented a report dated Decambe~ iO, i9~0, which stated the City has received a claim for damages from Mr. Robert E. Price, 3357 W. Faircrest Drive, Anaheim, California, for alleged damages to a tire on November 29, 1970, on Orange Avenue at the Cypress College tennis courts, in the amount of $79.02. The report advised that the City has no official record of this accident other than what is supplied on the Claim for Damages form, and that pursuant to City Council policy, claims of this type are officially denied and transmitted to the insurance carrier for appropriate actian~ It was moved by Councilmen Roberts and seconded by Councilman Kenode to deny the claim of Robert E. Price as outlined in the report, and to request that the City Manager forward the claim to the City's insurance carrier. 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 CONSIDERATION OF CLAIM FOR DAMAGES--MR. DELVYN..E~..RIGGERT: The City Manager reviewed a report dated December 10, 1970, which indicated the City has received a claim for damages from D. R. Jones, Attorney for Mr. Delvyn E, Riggert on behalf of his minor son, Rick Earl Riggert, in the amount of $50,000 for an alleged accident which occurred on September 14, 1970, at which time Rick Riggert fell from his bicycle as a result of striking a chuckhole in the street in front of 9348 Fleetwood Street. The report further indicated that the City has no official record of this accident other than that supplied in the claim form, and that pursuant to City Council policy, claims of this nature are officially denied and transmitted to the insurance carrier for appropriate action. It was moved by Councilman Lacayo and seconded by Councilman Kenode to deny the claim of Delvyn E. Riggert, as outlined in the report, and to request that the City Manager forward the claim to the City's insurance carrier. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCIL~N: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None - 12 - City Council Minutes December 14, 1970 CONSIDERATION OF CLAIM FOR DAMAGES--MRS. WANDA VANDERZEE: The City Manager presented a report dated D~aember '10, 'i970, which ¥ndicated"the City has received a claim for damages from Barlie M. Karen, Attorney for Wands Vanderzee for alleged injuries which took place on September 8, 1970, at which time it was alleged that the car hit a large hole on the north side of the intersection at Holder and Orange Streets. The claim does not specify an amoumt, and the City has no official record of this alleged accident other than the information submitted on the claim form. The report further indicated that the subject intersection is the dividing line between the Cities of Cypress and Anaheim, and apparently both cities have been notified in the form of a claim for damages. The report advised that pursuant to City Council policy, claims of this type are officially denied and transmitted to the insurance carrier for appropriate action. It was moved by Councilman Lacayo and seconded by Councilman Kanode to deny the claim for Wands Vanderzee as outlined in the report, and to request the City Manager to forward the claim to the City's insurance carrier. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF APPROVAL OF TEXACO PARK LEASE AND SUBL. EA. SE: The City Manager presented a report dated December 10, 1970, which indicated that the three year lease with TexaCo, Inc~ and sublease with the Cypress Recreation and Park District for the land designated as Texaco Park expires in December, 1970. The report stated that representatives of Texaco, Inc. have indicated that a three year extension of the lease under the same terms and conditions is acceptable to that Company; and that approval of extending the term of the sublease has been indicated by the Orange County Department of Real Property Services. It was moved by Councilram% Roberrs and seconded by Councilman Laceyo to approve the three year extension of the existing lease between the City and Texaco, Inc. as outlined in =he report, and to authorize the Mayor and the City Clerk to execute the appropriate extension of the sublease between the City and the Cypress Recreation and Park District. The motion was unanimously carried by the following roll call AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF ACCEPTING GRANT DEED FOR ACQUISITION OF PROPERTY AD~A~ENT iTO THE CIVIC CENTER: The City Manager reviewed a report dated December 10, 1970, which indicated the City has received the Grant Deed for the parcel of property adjacent to the Civic Center which has previously been approved by the City Council for acquisition o The report stated that the Grant Deed, legal description and Title Report have been reviewed by the Public Works Department, and have been found to be satisfactory~ The report further stated that upon the acceptance of the Grant Deed by the City Council, the City will be able to make final payment and complete the acquisition of the property. It was moved by Councilman Lacayo and seconded by Councilman Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING A CERTAIN GRANT OF INTEREST IN REAL PROPERTY. 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 - 13 - City Council Minutes December 14, 1970 C.O.N. SIDE, RATI. ON OF .A .I~.q.UEST ~QR ADDI. T. IONAL APPROPRIATI. ONS: The City Manager presented a report dated December 10, 1970, from the Finance Director, which outlined several accounts requiring an additional appropriation at this time. The report indicated that the appropriations will not change the year end projections, as the increased expenditures will be off-set by an increase in revenue by the same amount ~ It was moved by Councilman Roberrs and seconded by Councilman Lacayo to appropriate $20,389.04 from the Fund Balance of the General Fund to the following accounts: 520-18 $2,000.00 7001-10 402.20 7003-10 17,986~84 (Building Dept, Contractural Services) (Street Improvement, Cerritos Avenue) (Street Improvement, Orange Avenue) 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 CON~IpERATIqN OF APPRqVAL .O~ ~OMRq~.AL.W.A~.T LI~ ~ORWARRAN~S .~9.25~7 THROUGH 25628: It was moved by Councilman Lacayo and seconded by Councilman Roberrs to approve the Commercial Warrant List for Warrants No o 25527 through 25628 in the ~otai amount of $204,347.56. The motion was unanimously carried by the following ~oI1 call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONTINUATION OF CONSIDERATION OF GRAHAM STREETFEASIBIL.~TYSTUDY: The City Manager preSe~ed'a 'r~p~ aa~ea ~o~e~b&~ 16, 1970 from the Public Works Director, which stated that in accordance with the recommendation of the Advisory Traffic Committee, the Engineering Department did make a feasibility study of the Graham Street area to determine the cost of a cul-de-sac and of extending a new street in an east/west direction from Graham Street to Walker Street and to determine the beet location for same° The report outlined what would be involved with the installation of two cul-de-sacs, located north of tract #6194 line, with and without a new connector street to Walker Street, and the estimated total coete~ It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to refer the Graham Street traffic problem back to the Advisory Traffic Conmittee for further consideration taking into consideration the engineering feasibility study of the connector street between Walker and Graham Street. CONTINUATION OF CONSIDERATION OF EXTENSION OF TIME FOR TENTATIVE TRACT MAP #6719- REVISED EEP6RT: ~h~ di~y Manager "reviewea '~ report dat&d Da~&mber '4,"fgY0 f~6m the Public Works Director which stated that the City Council, at its regular meeting of November 23, 1970, directed the Staff to combine Items Noo 8, 12 and 13 of the November 23, 1970 agenda, into one report and further directed the Staff to contact the Naval Air Station and request participation in costs of a block wall between the clubhouse parking lot and houses in Tracts #6775 and 6776. The report further stated that Larwin Company has requested a twelve month extension of time for recording the remainder of Tentative Tract Map #6719, located at the southwest comer of Orangewood Avenue and Valley View Street, which will be the final parcel in the subdivision, as the final maps for Tracts #6775 and 6776 have been recorded. The report stated that the City Attorney has advised that conditions can be added to the extension of time, the same as if the Tentative Map was being originally considered. With regard to the block wall fence next to the Los Alamitos Naval Air Station - 14 - City Council Minutes December 14, 1970 Golf Ceurse, the report explained that the City could not impose the block wall fence requirement as set forth in the City Code, as the developer of the parking lot is the Navy Department, and it is Federally owned property. The City Attorcey, however, has advised that a condition could be imposed by the City Coimctl requiring the construction of a block wall fence adjacent to Lots 95-100 in Tract #6776 and on Lots 41-48 inclusive, in Tract #6775, whose rear yards are immediately adjacent to the parking facility~ The report added, that the Navy was contacted relative to this matter; however, refused the request to participate in the cost of a block wall fence. The Navy did indicate that permission would be granted to take down and replace the existing fence upon submittal of a written request by the City. The report further stated that a portion of Tract 6719 is still occupied by an operating dairy which has contractual commitments with a dairy store located at the southeast comer of the parcel and cannot release the property to Larwin Company until January, 1971, and further, that the Larwin Company has installed off- site sewer improvements which will be used for Tract 6719 to provide sanitary sewer service for the final parcel. At the present time, the report added, the dairy sto~e is connected to a Midway Sanitary District sewer; however, it is possible to anhcok the connection and to Join a City of Cypress sewer, which would require extending a lateral from the City of Cypress sewer already constructed in Tract 6719 =o the boundary sewer° Mro Terry Lo Rhodes, Attorney, from the law offices of Kalmbach, DeMarco, Knapp & Chillingworth, 550 Newport Center Drive, Newport Beach, California, addressed the City Council stating that his firm was representing the Larwin Company, and referred t9 a p~oposed agreement which was submitted by his firm, between the Larwin Company and the City of Cypressl In respcnse to an inquiry from Mayor Kanel, the City Manager stated that the proposal which was received by the City, was modified verbally with a representative from the Larwin Company, who agreed to construct a screening fence at total cost to the Larwin Company, instead of one-half of the cost, Mr. Rhodes indicated that the modification as stated by the City Manager was correct. Discussion was held regarding the type of fence which would be constructed, whereas, Mr. Rhodes indicated that the Lazwin Company would continue trying to obtain an agreement by the Navy indicating that they would be willing to install a block wall fence; however, should their efforts not be successful, he questioned whether cr not a grape-stake fence would be satisfactory° Ccuncilmea Roberts indicated that the City Council is not going to require a grape- stake fence, as the Council would have required a concrete block wall fence in the original tract map, had it been realized that a parking lot would be immediately adjacent to R-1 homes. Councilman Roberrs explained that by not specifically specifying a grape stake fence, the City Council is allowing the Larwin Company the opportunity of installing a block wall fence if it is determined by the residents and the Larwin Company that it should be done. At this time Mr. Rhodes stated that it had Just been confirmed that if the Navy would share the cost of a block wall fence, the Larwin Company would contribute one-half of the cost; and also, should the homeowners be willing to contribute one- half of the cost, the Larwin Company would be willing to contribute one-half of the cost for a block wall fence. Mr. Paul Dileski, 5683 Lakia Drive, addressed the Council questioning whether o~ not it would be setting a bad precedent, should the Larwin Company install a grape stake fence. Mayor Kanel explained that the circumstances in this particular case are quite unusual and that it would be quite unlikely that such a problem would occur in the future. - 15 - City Council Minutes December 14, 1970 Following discussion, it was moved by Councilman Roberts and seconded by Councilman Kanode to grant a one year extension of time for recording the final tract map in approved Tentative Tract #6719, subject to the original conditions on the Tenta- tive Tract Map, and that an amendment be added to the subdivision improvement agree- ment incorporating the following additional conditions, subject to approval by the City Attorney. 1. All legal and attorney fees for preparation of said extension of time shall be paid by Larwin Company. 2. Larwin Company shall dedicate a sanitary sewer easement to the City of Cypress across Lot #55, subject to approval of the City Engineer. Larwin Company shall be caused to construct a screening fence to separate the Naval Air Station parking lot from the rear yards of lots in Tracts #6775 and #6776, subject to approval of the Staff. 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 CONTINUATION OF CONSIDERATION OF THE CYPRESS CHAMBER OF COMMERCE CONTRACT: The City Manager reviewed a report dated December 10, 1970, which indicated that this matter had been continued to this date at the November 23, 1970 regular meeting of the City Council. Mr. Allan Banick, President, Cypress Chamber of Commerce, addressed the Council reading in full a letter supporting the proposal which had been submitted by the Chamber, from the Veterans of Foreign Wars, Post 947. Mr. Banick stated that due to the lateness of the hour, several persons who had intended to speak in behalf of the proposal, had to leave. Mr. Banick then reviewed the operating costs of the existing Chamber of Commerce, as well as the estimated costs for the operation of the Chamber, with a full-time Manager. Considerable discussion was held regarding the advantages and disadvantages of a full-time Manager for the Chamber, as suggested in the proposal. In response to an inquiry from Mayor Kanel, Mr. Banick stated that it would be very difficult to find a well qualified full-time Manager for the Chamber if he were to be employed on a six month trial basis. Councilman Harvey expressed concern as to whether or not the size of the community would warrant a full-time Manager, and stated that the immediate prospect for commercial, as well as industrial development within the City, is very slim, and that it was his personal feeling that a full-time Manager would not have a suffi- cient amount of work to justify the salary that he would be paid. Councilman Harvey further stated that he felt that operating the Chamber of Commerce on a full eight hour period of time should be continued and then cormmended the Chamber stating that it has been an asset to the community. The budget for the proposed changes was discussed, and in response to an inquiry from Councilman Kanode, the City Manager indicated that the increased costs under the Chamber proposal would not present a problem in the current fiscal year; however, the budget allocation would be substantially increased in the following fiscal year. Councilman Roberts stated that the Chamber budget increase was due not only to the employment of a full-time Manager, but also to expanded Chamber services. Councilman Roberts urged the City Council not to interfere with the internal affairs of the Chamber, as he felt it would not be appropri ate for the Council to pass j udgement on the selection of any specific program or specific employee in the Chamber; but, rather, to approve or disapprove the over-all plan which has been proposed. - 16 - City Council Minutes December 14, 1970 Mr. Jack Leneker, 4504 Middlebury Circle, Cypress, addressed the Council indicating the matter should be continued due to the hour and to also give the Board of Directors an opportunity to be present. It was moved by Councilman Roberrs, seconded by Councilman Kanode and unanimously carried to table this matter at this time. It was moved by Councilman Roberts, seconded by Councilman Kanode and unanimously carried to consider Items 15 and 16 on the agenda at this time. CONSIDERATION OF REIMBURSEMENT AGREEMENT -- JAY MAHONEY: The City Manager presented a report dated December 7, 1970, from the Public Works Director, which indicated that in Public Works improvements it has been common practice to provide a developer with a reimbursement agreement for sewer cost when as a part of his development he must extend a sewer which will also serve other property. The report advised that such a situation occurs on Graham Street, where the developer, Mr. Jay Mahoney, is constructing a sewer to serve his apartment development. The sewer reimburse- ment agreement provides that the City will require future developers to pay their prorated share of the cost of the sewer serving their parcel prior to issuance of a building permit. It was moved by Councilman Roberrs and seconded by Councilman Kanode to approve a sewer reimbursement agreement between the City and Jay Mahoney which will require future developers to pay their prorated cost of a sewer on Graham Street from 908 feet south of Orange Avenue to 348.50 feet south of Orange Avenue in the amount of $1,437.00 as shown in the agreement and to direct the Mayor to sign the agreement and the City Clerk to attest to his signature. 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 CONSIDERATION OF ARTERIAL HIGHWAY FINANCING PROGRAM --FISCAL YEAR 1971-72 RECOMMENDED PROJECTS: The City Manager reviewed a report dated December 7, 1970, from the Public Works Director which indicated that each year the County of Orange allocates a portion of its Gas Tax Funds to the upgrading of streets in cities in the County which are on the County's Master Plan of Arterial Highways, and that through this program, called the Arterial Highway Financing Program, a City can match its funds with County funds to double the amount of construction possible. The report further outlined the various projects which were recommended by the Engineering Division, and the total costs of each project. It was moved by Councilman Roberts and seconded by Councilman Kanode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF VALLEY VIEW STREET, FROM CERRITOS AVENUE TO SOUTH CITY LIMITS 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 - 17- City Council Minutes December 14, 1970 It was moved by Councilman Roberts and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF CRESCENT AVENUE FROM SUMNER PLACE TO 330 FEET %WEST OF ACACIA DRIVE The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanode, Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Roberrs and Kanel It was moved by Councilman Harvey and seconded by Councilman Kanode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1132 A RESOLUTION OF ~HE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF DENNI STREET FROM 250 FEET SOUTH OF ORANGE AVENUE TO 700 FEET + NORTH OF ORANGE AVENUE 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 It was moved by Councilman Roberts and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF ORANGE AVENUE FROM 600 FEET WEST OF WALKER STREET TO 1300 FEET + EAST OF WALKER STREET 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 It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to consider Item No. 14 a. on the agenda at this time. MOTORCYCLE PROBLEM ON PROPERTY LOCATED AT ORANGEWOOD AND NEW ZEALAND STREET: Mr. Ashley, who addressed the City Council earlier, stated that many persons are operating their motorcycles on property located at Orangewood Avenue and New Zealand Street, and that the noise which is created from this operation is unbearable. Mr. Ashley indicated that he has contacted the property owner, Mr. Leo Harvey, relative to this matter on several occasions, however, has found that Mr. Harvey is not very cooperative. In answer to an inquiry from Mayor Kanel, the City Manager indicated that he was hopeful that the problem would be resolved by the end of this week, and explained - 18 - City Council ~nutes December 14, 1970 that the Police Chief had artended a meeting earlier in the day relating to this problem. The Police Chief then explained the new trespassing law of the State, and proposed that the Police Department draft its own letter and submit it for signature to the owner of the property, which would be authorization for the Police Department to act as the property owner's agent, and enable the Police Department to enforce the trespassing law. Discussion was held regarding various methods of solving this problem, whereas, in response to an inquiry from Councilman Harvey, the City Attorney indicated that the method suggested by Chief Savord would be the most effective in this case. The City Attorney then stated that he would work with the Chief of Police regarding this matter tomorrow morning. ADJOURNMENT: It was moved by Councilman Roberts, seconded by Councilman Kanode and unanimously carried to adjourn at 1:07 a.m. to 7:30 p.m. on December 21, 1970. MAYOR 0 THE CITY OF CYPRESS ATTEST: / CfT~ ~L~RIf{OF THE/dlTY OF CYPRESS