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HomeMy WebLinkAboutMinutes 71-01-025O2 MINUTES OF A SPECIAL MEETING OF THE CYPRESS CITY COUNCIL HELD January '2,'1971 The ~pecial meeting of the Cypress City Council was called to order at 8:40 a.m. on Saturday, January 2, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kanode and Kanel ABSENT: Councilmen Lacayo and Roberts Also present were City Manager/City Clerk Dartell Essex and City Attorney James Erickson. The Mayor advised that the special meeting was called to discuss a law- suit that has been filed against the City of Cypress by the Cypress County Water District called on the advice of the City At.torney and City Manager. EXECUTIVE SESSION: It was moved by }iayor Kanel, seconded by Councilman Kanode and unanimously carried to go into an executive session at 8:42 a.m. COUNCILMAN ROBERTS ARRIVED AT 8:45 a.m. The meeting was called back to order at 10:25 a.m. with the following Councilmen present: PRESENT: Councilmen Harvey, Kanode, Roberrs and Kanel ABSENT: Councilman Lacayo It was moved by Councilman Kanode and seconded by Councilman Harvey to adopt the following resolution: RESOLUTION NO. 1138 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING tND DIRECTING CERTAIN ACTIONS REGARDING ORANGE COUNTY SUPERIOR COURT C~E NO. 180092, CYPRESS COUNTY WATER DISTRICT v. CITY OF CYPRESS WHEREAS, the City of Cypress initiated proceedings for the dissolution of the Cypress County Water District in April of 1969; and WHEREAS, such dissolution was approved by the Local Agency Formation Comm~ission of Orange County on June 25, 1969; and WHEREAS, the Cypress County Water District thereafter sued the County of Orange and the Local Agency Formation Commission of Orange County to prevent the completion of such dissolution; and WHEREAS, the Cypress County Water District proposed to detach the ter- ritory of the City from the District subject to certain proposed terms and conditions, in lieu of such dissolution; and WHEREAS, such proposed terms and conditions included the following: "That all sewer facilities, easements and other real property of the Cypress County Water District within the territory to be detached shall vest in the City of Cypress; (however) . . "The District shall remain in possession of said land and office (District office facilities) until January 1, 1971, or until such earlier date as the City shall make other alternate adequate facilities available for use by the District"; and City Council Minutes January 2, 1971 WHEREAS, certain funds of the District were to be credited to the City as follows: 1o "$10,029.91 (67.35% of the current unappropriated reserve of $16,37~)"; and "All taxes collected by the District fr6m land located within the City of Cypress during the fiscal year 1970-1971 (after detachment on July 1, 1970 - $22,702.26)"; and 3. $750 (50% of appraisal costs of office facilities); and WHEREAS, such terms and conditions were included in the District Reso- lutions No. 125, initiating such detachment proceedings and No. 127, order- ing the completion of such proceedings, and also were imposed by the Local Agency Formation Commission of Orange County in its Resolution No. 70-1 approving such detachment; and WHEREAS, the Local Agency Formation Conmission then terminated the dissolution proceedings, contingent, however, upon the completion of the detachment proceeding subject to such conditions; and WHEREAS, such detachment was represented by the District to have been completed ~n July 1, 1970; and WHEREAS, the City has been maintaining and improving all sewer facilities of the District within its boundaries since July 1, 1970; and WHEREAS, the District has not provided the City with any documents for transfer of title of any District assets to the City; and WHEREAS, the District, on December 30, 1970, filed an action (Cypress County Water District v. City of Cypress, Orange County S~perior Court Case Noo 180092) seeking to prevent the City from taking possession of the District office facilities within the City, alleging that "Plaintiff (District) has and hereby does expressly refuse to voluntarily transfer possession of said property (District office facilities) to said Defendant, City". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress hereby resolves that the City Attorney and staff are authorized and directed, not only to defend the City in such lawsuit, but also to file any counter-claims, cross-complaints and independent collaterial actions deemed necessary for the purpose of defending and protecting the interests of this City in regards to said detachment and dissolution including, but not limited to: Enforcing all conditions imposed by the District itself and by the Local Agency Formation Conmission of Orange County on such detachment; and Resuming such dissolution proceedings if such detachment proceedings are declared invalid or valid without such conditions; and Insuring that the District does not sell, lease, encumber, or otherwise dispose of assets of the District required to be transferred to the City as a condition of such de- tachment; and 4. Securing all damages incurred by the City as a result of the failure of the District to comply with such conditions. PASSED AND ADOPTED by the City Council of the City of Cypress at a special meeting held on the 2nd day of January, 1971. /s/JOHN KANEL MAYOR OF THE CITY OF CYPRESS -2 - ,~Council Minutes ATTEST: January 2, 1971 /s/D4F~RELL ESSEX CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) I, DARRELL ESSEX, City Clerk of the City of Cypress DO HEREBY CERTIFY that the foregoing Resolution was adopted at a special meeting of the said City Council held on the 2nd day of January, 1971, by the following vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kenode, Roberrs and Kanel None Lacayo /s/DARRELL ESSEX CITY CLERK OF THE CITY OF CYPRESS Councilman Roberts stated he was in complete support of this resolution. motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kenode, Roberrs and Kanel None Lacayo In response to an inquiry from Mr~ Earl Zynda, 4931 Lemon Avenue, Cypress, the City Attorney advised there were no grounds specified in the pleadings filed other than specific repudiation of conditions of the detachment adopted by resolution of the Board of Directors of said District. Mr. Zynda stated he was a past Board member illegally removed from the District Board and expressed great distaste for the entire matter of the lawsutt,~ filed by the District, Mr, Vern Bakke, 5055 Brunswick Drive, Cypress, stated he also was a past member of the District's Board of Directors illegally removed and commended the Council for the adoption of Resolution No~ 1138 and urged immediate action° He further advised that he quite possibly would be seeking private action against the said District and offered his services to the City when- ever possible to see that justice is taken care of in this matter. Mayor Kanel commented that he felt this was the appropriate action to pursue as the City has been sued by another agency, without merit, and must be defended on the basis of the best interests of the City. ADJOURNMENT: There being no further comments, it was moved by Councilman Kenode, seconded by Councilman Roberts and unanimously carried to adjourn at 10:40 a.m. MAYOF~THE CITY OF CYPRESS ATTEST: - 3-