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HomeMy WebLinkAboutMinutes 71-01-25MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 25, 1971 The regular meeting of the Cypress City Council was called to order at 4:00 pomp, ~ Monday, January 25, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, by the Deputy City Clerk. PRESENT: None ABSENT: Councilmen Harvey, Kenode, Lacaya, Roberrs and Kanel Due to the lack of a quorum, a recess was declared at 4:01 p~mo until 7:30 pom~ that evening~ 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, I~yor John Kanel presiding~ PRESENT: Councilmen Harvey, Kenode, Roberrs and Kanel ABSENT: Councilman Lacayo Also present were City Manager/City Clerk Dartell Essex, Assistant City Attorney Len Hampel and the following members of the City Staff: Poorthor, Dunlap, Hernandez, Schatzeder, Savord, Nudeon end Grisscmo FLEDGE OF ALLEGIANCE: Boy Scout Troop No. 681 led the City Council and audience in the Pledge of Allegiance o MINUTES At the request of Councilman Roberrs, it was decided to consider the Minutes of December 28, 1970 and January 11, 1971 later in the evening session, It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to approve the Minutes of the special meeting held on January 2, 1971, as presented. AWARD OF CONT.RACT FOR A VIDEO CAMERA AND ACCESSORIE~S: The City Manager presented a report dated January 21, 1971, which reviewed the bids which were received by the City, on January 15, 1971, for the purchase of a video camera and accessories~ The report stated that the Cypress Police Department selected specifications which would assure the compatibility for the exchange of recorded infol~nation with other police departments~ It was moved by Councilmen Kanode and seconded by Mayor Kanel to accept the bid of Camera Systems, International, as the lowest responsible bid and to award the contract for the purchase of one (1) video camera and accessories to Camera Systems, International, 1031/33 Byram Street, Los Angeles, California~ Following discussion regarding the bids which were received, the motion was unanimously carried by the follow- ing roll call vote: ~. AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kenode, Roberrs and Kanel None Lacayo It was moved by Councilman Kenode and secznded by Councilman Harvey to transfer $2,600°00 from Account 500-17 to Account 500-42~ The motion was unanimously carried by the following roll call vote: City Council Minutes AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: january 25, 1971 Harvey, Kenode, Roberrs and Kanel None Lacayo It was moved by Councilman Kenode and seconded by Councilman Harvey to appropriate $169~90 from the fund balance of the General Fund t.o Account 500-42~ In response to an inquiry from Councilman Roberrs, the City Manager indicated that there are sufficient funds in the General Fund balance to allow for this transfer, Councilman RDberts than indicated that he would like to have a report regarding the City~s financial statue at the next regular meeting of the City Council~ The motiDn was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Kenode, Roberrs and Kanel None Lacayo ORAL COMMUNICATIONS: Mrs!. Sharron Pritchett, 5776 Stratmore, Cypress, presented the City Council with a petition signed by 68 citizens of Cypress, urging the City Council not to grant an extension of time to the dairy which is located at Ball Road and Valley View Street~ Mrs~ Pritchatt indicated that aside from the severe fly and drainage problem which exists, it was discovered that three calves were recently buried on the property~ immediately adjacent to the residential azea~ Mrs° Pritchett stated that many of the citizens residing in the neighborhood would not have purchased their homes without the knowledge that the dairy would be required to relocate, The City Manager requested that his office be provided with information relative to this matter, which will in turn be referred ~e the Orange County Health Department~ With regards to the drainage p~oblem, Mayor Kane! advised Mrs° Pritchett that the Public Works Department is aware of the situation, and efforts are being made to resolve Mf~ Paul Bezxy, 9662 Juanira S~reet, Cypress, addressed the Council stating that he was very much opposed to the proposed speed control device which is to be 1posted on Juanits Street, between James Alan and Law=once Streets° Mr~ Berry indicated that he considered the device to be a road hazard rather than a safety device, and, further, that it would considerably reduce the amount of parking space which is available° At the request cf the City Manager, the Public Works Director pointed to the subject lo. cation on an aerial map, and explained that the striping is on an experimental basis only, and that when a permanent solution is proposed, it would come before the City Council for approval~ Mro Berry then stated that the proposed curbing has made maneuvering in and out cf his driveway very difficult, whereas, Mayor Kanel indicated that the City Staff wo~ld attempt to correct this situetion~ In reply tG an inquiry from Councilman Harvey, Mr~ Berry stated that he had a~tended some of the ho~eowners~ meetings relative to the Juanits Street traffic probleme~ Ccuncilman Harvey stated that this particular experiment was in fact, initiated by the homeowners themselves, and that it was felt that should it prove to be successful in that area, it would perhaps be proposed for o~her areas where similar problare exist~ Mr~ Caaxles Herring, 121 Myra Avenue, Cypress, addressed the City Council regarding the dairy problem which was previously referred to by Mrs. Sharron Pritchett~ Mro Herring expressed concern that the valu~ of his property would decrease due to the proximity of the dairy, and stated that he felt the City City Council Minutes January 25, 1971 Council should be aware of every citizen's losses as well as his gains. Mr. Herring con=nented that a traffic problem also existed on Myra, to which Councilman Harvey replied that perhaps if the experimental traffic solution at Juanira Street is successful, perhaps it could be considered for Myra Avenue. CONSENT CALENDAR: The Mayor announced that 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 Reconmendation on the Administrative Report concerning the matter. He further advised that any item listed under the Consent Calendar could be removed at the request of a Councilman, as was Item No. 8, at the request of Councilman Roberts. It was moved by Councilman Roberts, seconded by Councilman Kanode and unanimously carried to approve Items No. 2 - 7 and 9 on the Consent Calendar. Item No. 2: Notice from the Alcoholic Beverage Control of an application for an On-Sale Beer License transfer at 8850 Walker Street. Recommendation: Receive and file. Item No. 3: Notice from the Alcoholic Beverage Control of an application for an On-Sale Beer transfer for 4612 Lincoln Avenue. Recommendation: That the City Council authorize the City Manager to officially protest the transfer of the On-Sale License Transfer at 4612 Lincoln Avenue. Item No. 4: Notice of motor vehicle license fee fund allocations. Recommendation: Receive and file. Item No. 5: Communication of support of the Hettinga Dairy from Mrs. Chester Bellmore, 12202 Garnet Circle, Garden Grove, California. Recommendation: That the communication be received and filed and to request the City Manager to notify Mrs. Bellmore of the status of the zoning for dairies in the City of Cypress. Item No. 6: Notification of So. California Association of Governments activities in the area of air pollution. Recon~nendation: Receive and file. Item No. 7: Request for proclamation of February 4, 1971 as U.S.O. Day. Recommendation: That the Mayor and City Council proclaim February 4, 1971 as U.S.O. Day in the City of Cypress. Item No. 9: Resolution in support of State tax reform legislation. Recommendation: That the City Council request the City Manager to direct a communication to the State Legislators of Orange County requesting support of tax reform legislation embodying the principles of the League of California Cities resolution on this matter. CONSIDERATION OF A RESOLUTION EXPRESSING CONCERN REGARDING T~E 80. CALIFORNIA EDISON RATE INCREASE APPLICATION: The City Manager reviewed a report dated January 21, 1971, which indicated the City has received a Resolution from the Rialto City Council expressing concararegarding the 16.2% rate increase application by the Southern California Edison Company. The report advised that the City Council has previously received and filed the notification of the Southern California Edison rate increase application. Councilman Roberts stated that the reason that the City Council had originally received and filed this item was that the Council had been informed that it would be relatively superfluous for the City to go on record before the Public Utilities Cormnnission. Councilman Roberts expressed conceraregarding the fact that - 3- C~y Council Minutes January 25, 1971 the 16.2% increase, which had been referred to at a previous meeting by Councilman Lacayo, meant an increase to the City of Rialto in the amount of $21,000 a year and suggested that perhaps a communication or a Resolution should be directed to the Public Utilities Commission from the City of Cypress regarding the amount of increase to the City of Cypress. In response to an inquiry from Mayor Kanel, the City Manager indicated that the amount of increase to the City of Cypress can be researched in a relatively short period of time. He further indicated that the Staff did not intend to state that it would be superfluous for the City to go on record before the Public Utilities Commission; but rather, that the Commission will give careful consider- ation to the impact of the proposed rate increases on cities. In answer to a question from Councilman Roberts, the City Manager stated that the Public Utilities Commission still has this matter under consideration. Councilman Roberts then indicated that he felt that prior to sending a communication to the Public Utilities Commission, the amount of the increase to the City of Cypress should be researched. It was the general opinion of the City Council that the results of the research on the amount of increase to the City of Cypress be presented to the Council at its next regular meeting. It was moved by Councilman Roberts, seconded by Councilman Harvey and unanimously carried to receive and file the Resolution from the Rialto City Council. At this time, it was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to place on the agenda as Item No. 26, an item relative to the location or relocation of professional ball teams to Orange County, taking into consideration the City of Cypress. COMMUNICATION FROM MR. COMPTON REGARDING WEED ABATEMENT CHARGES: The City Manager presented a report dated January 21, 1971, which indicated that the City has received a communication dated December 18, 1970, from Mr. Robert B. Compton, objecting to weed abatement costs on Parcel #244-451-23 located at 5392 Wicker Drive. The report continued, this matter has been reviewed by both the Public Works Director and the City Manager, and it was determined that charges as indicated on Mr. Compton's tax bill and as outlined in a City communication, dated December 14, 1970, which was in response to a communication from Mr. Compton dated December 7, 1970, is correct and a refund does not appear to be in order. Councilman Roberts then invited Mr. Compton to come forward; however, Mr. Compton was not present. The City Manager stated that Mr. Compton did have an administrative remedy at the time the Public Hearing was held on the costs of the weed abatement charges; however, an appearance was not made in protest of the charges at that time. In answer to an inquiry from Councilman Kanode, the City Manager indicated that an agenda of this evening's City Council meeting was mailed to Mr. Co~mpton. It was moved by Councilman Kanode and seconded by Councilman Harvey to receive and file the communication and to authorize the City Manager to notify Mr. Compton that the weed abatement charges, as outlined, are proper for the work performed under the Weed Abatement Program. In answer to an inquiry from Councilman Roberts, the Assistant City Attorney stated that as part of the Weed Abatement Program, the state law requires the City to contact the owner of the property on the last equalized assessment roll. He further stated that it was quite possible that Mr. Compton had not been contacted, however, the property is also posted, so if at the time of the Weed Abatement Program, he were the owner of the property, he would have seen the postings which give notice and direct him to Councilmanic Resolutions concerning the abatement of the weeds. The Assistant City Attorney further explained that any party objecting to the costs can appear at the cost hearing. - 4 - City Council Minutes January 25, 1971 Yn reply to a further inquiry from Councilman Roberrs, the Assistant City Attorney advised that once the property has been posted, the property owner has an additional period of time from three weeks to a month in which to abate the nuisance himself. Councilman Harvey stated that he felt that the communication dated December 14, 1970, from the Public Works Director, was quite explicit and pointed cut that all of the rules and regulations were adhered to, and it is his opinion that satisfactory notice was given to Mro Compton relative to the weed abatement on his property. The motion carried with aye votes by Councilmen Harvey, Kenode and Kanel, and a nc vote by Councilman Robertso COMMUNICATION FROM CITY OF SAN LEANDHO TRANSMITTING A RESOLUTI.ON URGING LEGISLATION REQUIRING SAFETYWARNINGFLARESON ALL VEHICLES: The City Manager presented a report dated January 21, 1970 which indicated the City has received a communication dated December 15, 1970, from Councilman Mario Polvorosa transmitting a copy of e San Leandro Resolution urging the State Legislature to de~d auto safety flare legisiatiDn~ was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously car=led to receive !and file this coumunicationo C01~JNICAIION FROM THE CITY OF WESTMINSTER REGARDING FINANCIAL FFBBLEMS OF THEIR C1TY: The City Manager reviewed a report dated January 21~ 1971 which etated the dity has received a communication dated December 23, 1970 from the City of Westminster which outlines the financial problems of that City, and wt~ich has been fc~c~arded to various State Legislators in an attempt ~o create an awareness of the financial problems of cities° Since the City Coancil did not receive a copy of the communication from the City of Westminster with their agenda packers, it was moved by Comcilman Kenode, secDnded by Councilman Roberrs and unanimously carried to continue this item to the next regular meeting of the City Council sched~uled for February 8, 1971~ COMMUNICATXON FROM FOUNTAIN VALLEY SCHOOL DISTRICT RE: HIGHWAY 39 FREEWAY: The City Manager presented a report dated January 21, 1971 which indicated the City has received a communication dated January 12~ 1971 from Mr~ Michael Brick, Sec%etary to the Board of the Fountain Valley S~nccl District~ requesting the City Co~%~il's support of a Resolution opposing the Orange Route for the Highway 39 Freeway, and requesting the State Highway Conm.~ssion to reopen the heaxings on this subject o The report advised, that the City cf Cypress, in the original hearings on this matter, was opposed to the 0range Route for the freeway for those reasons outlined in the Fountain Valley School District Resolution; however, the State Highway Commission did approve this route for the first segment of the Highway 39 Freeway. The report stated that hearings are currently being held on the second segment of the freeway, and it appears, from a review of all materials furnished to the City by the State Division of Highways, that the initial selection of the Orange Route for the first segment will have an impact on the selection of the subsequent segments of the freeway route° It was moved by Councilman ROberrs, seconded by Councilman Harvey and unanimously carried to authorize the City Manager to notify the State Highway Commniselon of the City Comcil'e support of the Fountain Valley School District Resolution requesting the reopening of the Public Hearings of the Orange Route of the Highway 39 Freeway. COMMUNICATION FROM THE CYPRESS COUNTY WATER DISTRICT ATTORNEY: The City Manager stated that this subject was a matter of litigation, and that he would therefore request an Executive Sessicn~ It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to consider this matter after the remaining items on the agenda have been considered. -5 - City q.~,unoil Minutes January 25, 1971 CONTINUATION OF CONSIDERATION OF REPORT ON NOISE ABATEMENT IN APARTMENT DEV~,LQPMENTS: The City Manager presented a report dated January ~i,' 1971~ which indicated the City Council, at its adjourned regular meeting held December 21, 1970, referred the problem of development of a policy regarding noise control tc the Planning Commission and requested that the Staff ,prepare a further report on what action could be taken during the interim time period in controlling noise in recreational buildings located within multiple family development projects° The report indicated that in lieu of the permanent noise control solutions, the Planning Conmission has requested to impose noise control regulations on recreational buildings in multiple family developments as a part of the Conditional Use Permit requirements~ The report then outlined various infcrmationat materials which .can ~ezve as guidelines for these conditions and perhaps for a permanent solution° The report further indicated that concern had been expressed regarding the multiple family development which had been approved on Denni Street, south of Lincoln; and, advised that the only accessory buildings in that development are designated as !a%mdry rooms and housing for the swinming pool equipment, and that the noise problem frcm a recIeation building should not exist wlrhin this development~ The report indicated that based on this information, it is suggested that the City Council take no further setion until the Staff and Planning Conmission have had an opportanity to prepare a recommendation for a parma~lent solution on this matter~ 1t we~ moved by Councilman Kenode, seconded by Co~mcilman Harvey and unanimously caIried to receive and file this report o Co'oncilman Roberrs expressed concern stating that this subject area is one that he feels is imminent because there are a n~mber of developments coming into the City at this time, and it deserves a solu'cion at this time~ The City Manager then indicated that the Planning Commission has set a high priority on this issue, and the Staff is considering it as its number one priority in term of proposed amendments to the City Code relating to sound° In response to an inquiry from Mayor Kanel, the Secretary to ~he Planning Commission stated that the Planning Commission is adding a stipulation on Conditional Use Permits which would require any building or buildings, where there may be some noise pr~olems, to conform to FRA standards in terms of construction so that the noise emission is below 45 decibelso He further stated that every effort will be made tc have the recommendation on this matter from the Planning Commission, to the City Council, as soon as possible~ CONTINUATION OF CONSIDERATION OF PROPOSED ESTABLISHMENT OF A RECREATION AND PARKS COPMISSION: The City Manager reviewed a report, dated January 21, i9~1~ which stated that the City Attorney, due to the a,ctivities related to the Cypress County Water District lawsuit, has been 'unable to complete a revised Ordinance on this matter~ It was moved by Councilman Roberts, seconded by Councilman Kenode and unanimously carried to cantinus this item, along with Item No~ 17, to the next regular meeting of the City Council~ CONSYDERATION OF REQUEST FOR ADDITiONAL .A~.~OCATION ~ORRATELLA AVENUE,, PROJECT 7/681S-i0-040 3: The City Manager presented a report from the Public Works Director, dated January 18, 1971, which indicated the Engineering Division has completed a review of the Orange County Road Departmonths final report on the Katella Avenue project #6815-10-0403, and the final costs are 19% higher than originally budgeted for this project, however, ate within the revised budget estimate which was made after final design was completed~ 'l~e report further indicated that in 1966, the City requested that Federal Aid Secondary Funds be allocated from the State for this project and that processing by the State and Federal Govern- ment caused the project to be delayed for a year, which was in part responsible for the higher costs~ The report stated that the City was only required to pay one-fourth of the total cost of the project° -6 - Ci'cy Council Minutes January 25, 1971 ~ was moved by Councilman Kenode and seconded by Councilman Robarts to request an additional allocation of Federal Aid Secondary Urban Extension Funds to Project UE826-3, based on the Final Report made by the County of Orange for this project, dated June 4, 1970, as revised° The motion was unanimously carried by the following r~il call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kenode, Roberrs and Kanel None Lacayo CONSlibERATION OF 1971 WE..ED .AND RUBBISH ABATEMENT P.I{OGEAM: Ihe City Manager s~nmarized' "a report from the Public Works Director, dated January 18, 1971, which indicated that the adoption of a program for weed abatement for 1971 will be the ninth year of this program which was established to eliminate the public nuisanaes created by the weed and rubbish hazards that exist throughout the co~mauni:~yo The report continued, the program has been successful in reducing the number of weed and rubbish fires in the City, and therefore has not only improved the appearance of the community, but it has also resulted in a savings t~ the taxpayers as a result of the raduc"cion in the number of fires° The report outlined the procedure and time schedule for the 1971 Weed Abatement Pr;~gfam, was roDveal by Councilman Roberrs, seconded by Councilman Kenode and unanimously c~r'zled to approve the specificati~ns for weed and tabblab abatement and to aathoTize the City Clerk to advertise for bids to be received by 10:00 a~mo on [ebruazy 16, 19710 CONSIDERATION OF CLAIM FROM DAVID Mo SPENCER: The City Manager presented a report dated January 21, 1971 which indicated the City has received a claim from Attorney james To Jenkins on behalf of David M~ Spencer for alleged personal injuries in the amount of $25,000 for an accident which occurred cn Orange Avenue and the So. Pacific HailrIcad in the City of Cypress° The report fur=her indicated that the City has on file, a traffic accident report in reference to this claim, which would indicate that ~che personal injuries sustained were not the ~esponsibility of the City of Cypress o The report stated that the City of C~p'zess has a pDlicy wherein claims of this nature are officially denied and referred to the City~s insurmce carrier. It was moved by Councilmm~ Kenode and se.c~nded by Counci~man Roberrs to deny ~he claim of David M~ Spencer, as outlined in the report i The motion was unanimously cardtied by the following roll call vote ~. AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kenode, Roberrs and Kanel None Lacayo CONSIDERATION OF. REQUEST TO ATTEND C~TY. MANAG~RS' CONFEREN.C..E..FEB.R~A~.Y Z4 - 26, 197'1: The City Manager reviewed a report dated January 21, 1971 which stated the annual spring meeting of the City Managers' Department cf the League of California Cities has been scheduled for February 24 through 26, 1971, in San Jose, California. The report further stated that this conference pzovides an opportunity for City Managers throughout the State to discuss problem cf city administration, and normally attracts highly regarded authorities as speakers in all fields of local government~ The report advised that sufficient fiends have been budgeted for the City Manager to attend this conference. It was moved by Councilman Harvey and seconded by Councilman Kenode to authorize the City Manager to attend the Spring conference of the City Managers' Department of the League of California Cities on February 24 through 26, 1971, in San Jose, California, and that he be Ieimbursed for his actual and necessary expenses. The motion was unanimously carried by the foll_~wing roll call vote: AYES~ NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Kenode, RoberUe and Kanel None Lacayo -7- Clty~nctl Minutes january 25, 1971 CONSIDERATION OF 'REQUEST FOR APPROVAL OF ELA~A AND 'SPECIFICATI. ONS-~JUANITA PARK: ~he City Manager presented a report dated January 21, 1971, which indicated the City CoImcil in previous action approved the overall concept of the redssign of the Juanits Park, and the final plans and specifications have been completed and are currently being reviewed by the City Staff° The report further indicated that ae suggested by the City Council, a meeting was held with interested residents adjacent to the parksite, and the overall concept of the park design met with the residents' approval° A supplemental report dated January 25, 1971, from the Public Works Director was also presented~ That report indicated that the consultant has completed design of the improvements at the Juanits Street Park, which will replace the dairy barn in accordance with the concept approved by the City Council at the meeting of December 14, 1970o The report advised that certain corrections should be made on the plans in order to comply with Building Code requirements and to insure proper drainage of the play area, sad that the Recreation and Park Director vezbally advised that the County will reimburse the City for the cost of redevelop- ment~ The report stated that the reimbursement agreement will he a separate agreement between the District and the City~ At the request of Mayor Kanel, Mr. Charles Bryant, Cypress Recreation and Park Director, explained the design of the improvements proposed for the perk° In answer to an inquiry from Councilma~ Harvey, the Ci'cy Manager indicated the improvements will complete the park facility from the standpoint of sprinkler systems and turfingo Mrs° Joyce Nicholson, 6045 Jeffrey Mark Street, Cypress, addressed the City Council s~ating that she was representing ~he homeowners who reside in the vicinity of the Juanits Street park. Mrs° Nicholsc~% stated that the citizens in that area were given the opportunity to view the plans for the redssign of the park j and that there were no adverse remarks concertling the design. Mayor Kanel stated that Mr. McQueen, who, at previous meetings of the City Council had expressed a great amount of concern regarding the safety hazards of the park as it hod been, indicated to him that he also app~c~ed of the rodesign plans. It was moved by Co~mcilman Harvey and seconded by Co~mcllman Kenode to approve the plans and specifications for the impro~ement of the Juanits Street Park and to authorize the City Clerk to advertise with bids ~o he opened in the office of the City Clerk on February 16, 1971 at 10:00 a~mo The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Kenode, Roberrs and Kanel None Lacayo RECESS: Mayor Kenel declared a recess at 9:00 p~mo The meeting was called back to order at 9=10 p~mo, with the following Councilmen present: PRESENT: Councilmen Harvey, Kenode, Roberrs and Kanel ABSENT: Councilman Lacayo CONSIDERATION OF REqUEST FOR ADDITIONAL APPROPRIATIONS: It was moved by Councilman Roberrs, seconded By Councilmm~ Harvey and unanimously carried to continue this item end to consider it after the City Council has received the report regarding the City's financial status, which was requested earlier this evening~ At this time, with the approval of the City Council, Mr~ Ray Severance, Director of the Cypress Showstoppers Youth Band, addressed the Council stating that the band has grown from 19 members to 80; and therefore, the amount which had previously been authorized by the City Council for the purpose of purchasing uniforms for the band, would be insufficient~ Mro Severance then displayed the uniformwhich the organization had selected, and stated that the cost for 50 of the uniforms would be $3400° - 8- City Council Minutes January 25, 1971 At the suggestion of Cotmcilman Kenode, it was the general opinion of the City Couacil that this matter be referred to the City Manager, with a recommendation to be presented to the City Cotmoil at its next regular meeting. CONSIDERATION OF .APPROV.AL OF COI~MERCIAL W..A?~N.T LIST FOR WA1LRANT. S NO ~ 2~832 'THROUGH 25905: It was moved by Councilman Roberie and seconded by Councilman Kenode to approve the Commercial Warrant List for Warrants Noo 25832 through 25905 in the total amount of $165,945o63. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kenode, Roberrs end Kenel None Lacayo CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING ORDINANCE .NO ~ Lg0--ZONE CHANGEZ-i89: It was moved by Councilman Kenode, seconded by Councilm~m Harvey end unanimously carried to read the following Ordinance by title onlyo Title of the Ordinance is as follows: ORDINANCE NO~ 442 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO~ 90 BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (SINGLE- FAMILY RESIDENTIAL) TO R-3 (MULTIPLE-FAMiLY RESIDENTIAL), ZONE CHANCE NOo Z-189~ was moved by Councilman Kenode and seconded by Councilman Har~ey to adopt Ordinence Noo 442. In response to an inquiry from Councilman Rober'Cs regarding the small portion of property included in the zone change which falls under the Jurisdiction of the City of Los Alamitos, the Public Works Director stated that discussions have been held with the City Engineer from Los Alamitos, and he has indicated that they would accep~ the requirements of the City of Cypress for street improvements° He further indicated that when the plans are submitted to the Los Alamitos City Engineer, he wcluld then bring them before the Los Alamitos City Council for its concurrence° Mayor Kanel stated that he was in favor of this particular z:~ne change because of the way the property is laid out, and indicated that he considered it to be compatible with the surrounding area~ Following discussion, the motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kenode, Roberrs end Kenel None Lacayo CONSIDERATION OF THE FEASIBILITY OF LOCATING A PROFESSIONALSPORTS TEAMIN CITY OF CYPRESS: Councilman Harvey stated that he would like to first say, that he has not had any secret meetings with any owners from any professional ball teams. He then stated that in light of recent developments and notsfiery relative to the possibility of a professional football team relocating, possibly in the County of Orange, it brought to mind a discussion which he had had with Supervisor Phillips three years ago, which was followed by a communication from him to Supervisor Phillips, indicating that he felt that with the location of the Los Alamitos Race Course in the City of Cypress, that it would appear to be a natural setting for a recIeation oriented enteTprise end the City is also in the geographically center of five freeways which is a unique position relative to transportation in the Countyl~ Councilmen Harvey stated that the recreation oriented enterprise would in fact, stimulate the growth of adjacent areas~ He indicated that that there is a possibility -9- ,CfEy Cokmcil Minutes January 25, 1971 that schools could also utilize a stadium in the City of Cypress which would save m~ny tax dollars, and such an enterprise would also be a tremendous source of tax revenue to the City of Cypress and to the County of Orange, Com%cilmen Harvey stated that he felt that this type of endeavor would be of extreme benefit to the citizens of Cypress, and that although the possibility of attracting a professional football team might be far fetched, he indicated that he felt that it was worth serious consideration. In answer to a question from Mayor Kanel, Councilman Harvey stated that he felt that the Cities of Anaheim and Buena Park receive a great deal of attention as they are recreation oriented; however, he added, that the City of Cypress has much to offer and should not be overlooked~ It was mcved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried to establish a task force, consisting of Councilmau Harvey, the City Manager, City Attorney, and the Secretary to the Planning Commission, to stud~ the potential development of a recreation oriented enterprise within the City s boundaries o E]OECUTIVE SESSION: It was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously carried to go into an Executive Session at 9:35 p,mo, with the City Manager and the City Attorney, for the purpose of discussing a matter of litigation~ The meeting was called back to order at 10:07 p~mo with the following Councilmen present: PRESENT: Councilmen Harvey, Kanode, Roberrs and Kenel ABSENT: Coancilman Lacayo At the request of the City Manager, it was moved by Councilm~ Kanode, seconded by Co~cilman Roberrs and unanimously carried to place on the agenda as Item Noo 27, an item concerning the annexation of the Post Office on Lincoln Avenue. It was moved by Councilman Roberrs, seconded by Councilman Kanode and unanimously carxied to receive and file Item No. 14, pertaining to the communication from the Attorney for the Cypress County Water District ~ At this time, the City Manager stated that he has been advised that the Post Office Department has no objection to the City of C~pres~f proceeding with the m%nexation of the Post Office site° It was m~ved by Councilm~m Kanode, seconded by Councilman Roberrs and unanimously carried to authorize the City Manager to file for the annexation with the Local Agency Formation Commission. At the request of the City Manager, it was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously carried to place a matter of obtaining a letter of appraisal for certain property located at the northeast corner of Denni Street and Orange Avenue, on the agenda for consideration at this time° It was moved by Councilman Kanode and seconded by Councilman Harvey to authorize the City Manager to obtain a letter of appraisal for the property located at the northeast corner of Denni Street and Orange Avenue° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kanode, Roberts and Kenel None Lacayo - 10 - City Council Minutes January 25, 1971 ;:. The City Manager stated that the City Council had authorized to conduct the Public Hearing on the Townscape Plan at a regular adjourned meeting on Monday~ FebrUary 1, 1971; however, since that time, the Townscape consultants have requested that this matter be deferred until later in the month of February to allow them additional time in which to prepare their presentation, It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to reschedule the Public Hearing on the Townscape Element of the General Plan for 7:30 pomo on Tuesday, February 16, 1971o At the request of Mayor Kanel, it was moved by Councilman Roberrs, seconded by the consideration of an appropriation for the acquisition r h Junior All-American Football League. In response to an inquiry from Councilman Kenode, Mayor Kanel indicated that the teams in the Junior All-American League are composed of boys from Cypress and Buena Park; however, the majority are from the City of Cypress~ It was moved by Councilman Roberrs and seconded by Councilman Harvey to appropriate $30°00 for the acquisition of a perpetual txophy for the Jr, All-American Football League ~ The 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 Mayor Kanel stated that he had received a number of complaints regarding the traffic situation on Lincoln Avenue when the Drive-in Theater is in operation. Mayor Kanel indicated that there was a need for some policemen to direct the traffic at the peak times. It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilhum Kenode, seconded by Councilman Harvey and unanimously carried to direct the City Manager to sand a latter to the City of Buena Park expressing the Cypress City Council's concern relative to the traffic problem which exists on Lincoln Avenue as a result of the Drive-in Theater. Se'veral items contained in the Progress Report were reviewed, after which. it was the ~eneral opinion of the City Council to continue the remainder of the items to the next regular meeting of the City Council° MINUTE S: Councilman Roberrs requested that the Minutes of December 28, 1970, pa~e 8, fifth paragraph, be corrected to read, "Following discussion regarding the possible deletion of this section of the contract, it was agreed by Councilman Kenode and Councilman Lacayo to amend their motion to renew the contract with the Chamber of Comnerce for the period of one year at the present rate of $1,000/month from January 1, 1971 through December 31, 1971, deleting Section 3°" Councilman Roberrs stated that he wished the following statement included in the Minutes of January 11, 1971, page 10, relative to the discussion on the Street Sweeping Program: "In response to a statement by Councilmm~ Roberrs concerning the cancellation of the contract, which is automatically renewed if not notified of a cancellation prior to 30 days of the renewal date, Cotmcilman Kenode indicated that he felt that it would be appropriate, at the time the City Council approves the Contract, to approve it subject to review by the City Council 60 days prior - 11 - City Co~mcil Minutes January 25, 1971 to its termination. General agreement was expressed by the City Council concerning Co~mcilma~ K~ode's statment o" It was moved by Councilma~ Roberrs, seconded by Councilman Kayode and unanimously carried to continue the consideration of the Minutes of December 28, 1970 and January 11, 1971 to the next regular meeting of the City Council when all Councilmen are present. ADJOURNMENT: It was moved by Councilma~ Kanode, seconded by Councilman Harvey and unanimously carried to adjourn at 10:40 pom. '0F CYP SS L/ ATTEST: