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HomeMy WebLinkAboutMinutes 71-03-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 22, 1971 -.TUZ ~he regular meeting of the Cypress City Council was called to order at 4:08 p,m~, on Monday, March 22, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kanode, Roberrs and Kanel ABSENT: Councilmen Lacayo Also present were City Manager/City Clerk Dartell Essex, City Attorney James E~ Erickson and the following members of the City Staff: Poertner, Dunlap, Schatzeder, Hernandez and Grissom. MINUTE S: I~ was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to defer the consideration of the Minutes until such time as all Council- men are preeent~ STAF~ .REPpRTS AND DISCUSSIqN~: The City Manager indicated that Mr~ Jerry Mullen wished to address the City Council concerning fund raising efforts of the Los Alamitos High School Band. Mro Jerry Mullen, 4190 Elizabeth Court, Cypress, then addressed the City Council explaining that the Los Alamitos High School Band has been invited to the City of GuadelaJara in Mexico, to participate in festivities for two weeks during the month of June~ Mr0 Mullen stated that the approximate cost of the trip will be in the neighborhood of $26,000~ He then outlined the various fund raising programs which are underway, and indicated that there have been contributions from several organizationsl Mro Mullen indicated that one-third of the membership of the marching band is composed of Cypress residents, and requested the City Council to give consideration to assisting the band in order that the trip could become a reality.. COUNCILMAN LACAYO ARRIVED AT 4:12 P ~M~, AND TOOK HIS PLACE ON THE PODIUM~ in response to an inquiry from Mayor Kanel, Mr. Mullen indicated that the City of Los Alamitos allocated $500~00 towards the expenses, asking that in return, band perform at certain local events. the Mr~ Muilen then presented the City Council with brochures regarding this matter~ In answer to an inquiry from Councilman Kenode, Mr. Mullen stated it is planned that 101 members of the hand will travel to Mexico, as well as approximately 10 parents and 20 members of the faculty° In answer to a question from Councilman Harvey, Mr~ Mullen indicated that the cost per traveler will be in the neighhorhood of $200~00~ The City Manager indicated that the City does have an $800.00 balance in the Community Promotion Account. Following discussion, it was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried to place this item on the agenda at this time. Clty Council Minutes March 22, 1971 It was n~ved by Councilman Harvey and seconded by Councilmen Kenode that the City allocate an amount, not to exceed $400.00, to enable two members of the band who are residents of Cypress to participate in the special band festivities in the City of GuadelaJara, Mexico. 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 EXECUTIVE SESSION: It was moved by Mayor Kanel, seconded by Councilman Kenode and unanimously carried tc go into an Executive Session with the City Manager, City Attorney and Assistant City Attorney at 4:30 p~m. to discuss a metter of litigation. The meeting was called back to order at 5:59 p.mo, with all Councilmen present, RECESS: It was moved by Councklman Robarts, seconded by Councilmen Kenode and unanimously carried to recess at 6:00 p~m. to 7:30 p.m. CALL TO ORDER: The meeting was called back to order at 7:34 pomo, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT; Councilmen Harvey, Kanode, Lacayo, Robarts and Kanel ABSENT: None Also present ware City Manager/City Clerk Dartell Essex, Assistant City Attorney Let Hampel, and the following members of the City Staff: Poertner, Dunlap, Hernandez, Schatzeder, Amberg, and Grissom. PLEDGE OF ALLEGIANCE: Boy Scout Troop 610 led the City Council and audience in the Pledge of Allegiance. PRESENTATION OF RESOLUTION OF COMI~_NDAT!O~ TO ~H~ .BUENA PARK BATON CORP.S, THE "CALiCOETTES": It was moved by Councilman Roberrs and 'S~conded by Councilman Kanode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE BUENA PARK BATON CORPS, THE "CALICOETTES" FOR THEIR OUTSTANDING ACHIEVEMENTS IN BATON TWIRLING CHAMPIONSHIPS° 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 Mayor Kanel then read the Resolution in full, and presented it to Mrs. Robert Firus, Membership Chairman of the Buena park Baton Corps~ Mrs. Firus expressed her gratitude on behalf o£ the organization, and invited interested Cypress residents to join the group° -2- City Council Minutes March 22, 1971 MINUI_E $: Councllm~a Roberrs stated that page 4 of the March 1, 1971 Minutes should be corrected to state," .... for an additional 12 months, at which time the City will acquire owuership of the equipmentJ' It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to approve the Minutes of the March 1, 1971 special meeting, as corrected. It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to approve the Minutes of the regular meeting of March 8, 1971, as presented. It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to place on the agenda as Item No~ 22, the matter of additional copies of the Iownscape Raport~ CONSI~ERArIQ~_OF aWARD OF C0N!RA~ _F~OR ASPHALT AND RENTAL OF ASPHALT PAVING ._MAqHINE - REQUEST FOR QUQ~ATION ~7071-57: The City Manager presented a report dated March 17, 1971, from the Finance Director, which outlined the bids received on March 15, 1971, for the purchase of approximately 5,000 tons of asphalt and the rental of an asphalt paving machine. It was moved by Councilman Harvey and seconded by Councilman Kenode to accept the bid of All American Asphalt as the lowest responsible bid, and to award the contract for the puIchase of asphalt and the rental of an asphalt paving machine to All American Asphalt, 14490 Edwards Street, Westminster, California, with the total contract not to exceed $33,000°00. The motion was unanimously carried by the following roll call vote: AYES: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None ORAL COI~qUNICATIONS: Mr~ Thomas Van Ruiten, 12517 206th Street, Lakewood, California, addressed the Ciuy Council requesting the City Council to withdraw the protest which was sent to the Alcoholic Beverage Control Board regarding an application for an Off-sale Beer and Wine License for the Dutch Pride Dairy, located at 11741 Valley View Street, Cypress. Mr~ Van Ruiten indicated that a change of zone would be applied for; however, expressed concern as the proceedings would take from three to four months~ He further indicated that neighboring dairies are able to sell beer and wine. Mayor Kanel explained that the dairy is operating under a Conditional Use Permit which specifies the sale of dairy products, only. In answer to an inquiry from Mro Van Ruiten, the City Attorney advised that the only way in which the City Council could grant immediate relief would be if the Council chose to adopt an urgency zoning ordinance, which would remove the require- ment of the Conditional Use Permit for this use in this zone, and also adopt an urgency change of zone for the property to the C-2 zone° He further advised that as it is now, there is little that the Council can do, except to advise the Alcoholic Beverage Control Board at the time the application for a change of zone proceeding is filed~ It was the general consensus of the City Council that the City Manager will notify the Alcoholic Beverage Control Board when the change of zone applications have been received~ -3- City Council Minutes March 22, 1971 Mrs° Sylvia Gunderson, 5854 HolmBy Court, Cypress, addressed the Council stating that she was representing a group called the Concerned for POW Committee, which is headquartered in Tustin, and has a small group in Cypress. Mrs. Gunderson then referred to a recent newspaper article concerning the "adoption" of a man who is listed as Missing in Action, by the City of Laguna Beach° She stated that the goal of the program is to obtain publicity for the POW's and those Missing in Action. Mrs. Gunderson advised that Mr. David Munoz, whose parents reside in Cypress, is missing in action, and suggested that perhaps the City might consider adopting him and proclaim May 13, 1971 as David Munoz Day. Councilman Kenode indicated that he would like Mrs. Gunderson to meet with the City Manager to discuss this matter further, and for the City Manager to provide the City Council with a report at its next regular meeting. Mrs~ Virginia Gilmore, 8811 Belday Street, Cypress, addressed the Coumcil questioning the status of the settlement between the City and the Cypress Coumty Water District~ whereas, the City Manager advised that since it is a matter of litigation, all correspondence is being handled through the attorneys. ~ON~ENT _CALENDAR: The Mayor announced that all matters listed on the agenda under "CONSENT CALENDAR" were to he considered by the Council as routine and enacted by one motion approving the Reco~m~ndation on the Administrative Report concerning the matter. Re further advised that any item listed under the consent calendar could be removed at the request of a Councilman, as was Item No. 9 at the request of Councilman Kanode~ It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to approve Items 3 through 8 on the consent calendar. Item No~ 3: Consideration of adoption of Resolutions of Commendation for Eagle Scouts Berry HoPshy, Jeffrey Zwart and Robert Montrose. Reco_mmen4ation: That the City Council adopt the following Resolutions by title only, titles as follows: RESOLUTION NOo 1154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CYPRESS BOY SCOUT BAILRY MOREBY ON ACHIEVING THE RANK OF EAGLE SCOUT~ RESOLUTION NO. 1155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CYPRESS BOY SCOUT JEFFREY ZWART ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 1156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CYPRESS BOY SCOUT ROBERT MONTROSE ON ACHIEVING THE RANK OF EAGLE SCOUT ~ Itsm No. 4: Consideration of appointment of 1971 United Nations Day Chairman. Raco~mmeD~tiqn: That the City Council authorize the Mayor to appoint a distinguished citizen from the City of Cypress as 1971 UN Day Chairman. Item No. 5: Consideration of proposed legislation on the dedication of property fo~ 'Street purposes,. -4- City Council Minutes March ?-2, 1971 Recome~da~iqn: That the City Council authorize the City Manager to prepare a communication in opposition to the proposed legislation as outlined, to be submitted to the appropriate State legislators. Item No~~6: Consideration of request for comuendation for William H, Nicholas, General Manager of the Coliseum and Sports Arena. Recommendation: That the City Council authorize the Mayor to' issue a proclamation of the City of Cypress for William Nicholas as requested in the communication. Item No~ 7: Consideration of Claim for Damages filed by Romeo De Guzman as guardian for Ray De Guzman~ Recommendation: In accordance with past City Council policy, it is recommended that the claim be officially denied and referred to the City's Insurance Carrier for the appropriate action~ Item No. 8: Consideration of receipt of Orange County Mosquito Abatement District Minutes of the February 18, 1971 meeting. Recommendation: That the City Council receive and file these minutes. CONSIDERATIQN OF ~APPOINTMENT OF CONSUMER REPRESENTATIVE FROM THE CITY OF CYPRESS: The City Manager reviewed a rep6r~ '~a~ed fia~h ~7, i9~i~'WH~Ch inSitChed that as requested by the City Council at the adjourned regular meeting of March 15th, a copy of a communication dated March 4, 1971 from Robert W~ Battin, Chairman of the Orange County Board of Supervisore requesting the City Council to appoint a consumer representative to the Orange County Health Planning Council, has been provided to each Councilman~ The report further indicated that since it is apparently the intention of the Orange County Board of Supervisors to create the Orange County Health Planning Council, it would appear appropriate that the City of Cypress participate in this program. Councilman Kenode stated that he did not object to the appointment of a representative to the Committee; however, was somewhat opposed to the formation of the Committee itself~ It was moved by Councilman Roberrs and seconded by Councilman Lacayo to authorize the Mayor to nominate a citizen o~ the City of Cypress for appointment to the Orange County Health Planning Council, subject to the confirmation of the City Council. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Lacayo, Roberue and Kanel Harvey and Kanode None PUBLIC HEARING RE: CONSIDERATION 9F A~..APPLIC~TIO~ [OR A CH4N_._GE .Q[ _~QNE, KNOWN AS ZONE CHANGE NO~ Z-195: The Mayor announced this was the tim~ and place for the Publie ~ea~fng to consider a request for a change of zone from CEM (Cemetery Zone) to R-3 (Multiple-Family ~asidential) at 21620 Bloomfield Avenue, Hawaiian Gardens, California, known as Zone Change Z-195o The Mayor declared the Public Hearing open, and requested the Staff to present its report~ The City Manager presented a report dated March 17, 1971, which indicated that the affidavits of posting~ mailing and publication of the Public Hearing notices are on file in the office of the City Clerk, and that no communications have been received relative to this matter~ This item, which involves an error in the City's boundary alignment, was discussed at the afternoon session of the City Council at its regular meeting of February 8, 1971. -5 - ~ o~acil Minutes March 22, 1971 There being no one to speak in favor or in opposition to the request, it was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to close the Public Hearing~ It was moved by Councilman Kenode and seconded by Councilman Leeaye to read the following Ordinance by title onlyo 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 Title of the Ordinance is as follows: ORDINANCE NO~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO~ 90, TEE ZONING ORDINANCE, BY CHANGING A ZONE OF A CERTAIN PARCEL OF LAND FROM CEM (CEMETERY ZONE) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL)o It was moved by Councilman Kanode and seconded by Councilman Roberrs to approve the first reading of this Ordinance° 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 PUBLIC HEARING _ ~R~..'... COND!T~IONAL USE PERMIT_ NO I~ C_-2~4~9--EEAR~ DEVELOPMENT CQ_M~_ANY: The Mayor announced this was the time and place to consider an application for a Conditional Use Permit which would allow the construction of a small portion of a 24-unit building __ on property located within the boundaries oi Cypress, generally located at 21620 Bloomfield Avenue, Hawaiian Gardens, Caiifornlal The Mayor declared the Public Hearing open, and requested the Staff to present its report ~ The City Manager reviewed a report dated March 17, I971, which indicated that the affidavits of mailing, posting and publication of the Public Hearing notices on this matter are on file in the office of the City Clerk, and that no communications have been received regarding this matrer~ At the request of Councilman Roberts~ the Secretary to the Planning Commission reviewed a report dated March i2~ 1971~ which stated that after holding a Public Hearing on this matter, the Planning Conmission vcted unanimously to approve Conditional Use Permit Now C-249~ The report further outlined seven conditions which were imposed on the Conditional Use Permit by the Planning Commission~ There being no one to speak in favcr or in cpposition to the request, it was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to close the Public Hearing~ It was moved by Councilman Lacayo and seconded by Councilman Kanode to approve Conditional Use Permit Nee C-249, subject to the following conditions: Drainage shall be solved to the satisfaction of the City Engineer. 2~ Developer to post a $4,000 bond =o guarantee improvements within the City of Cypress° -6- March 22, 1971 City Council Minutes 3o Parkway area shall be graded to ~ inch per foot from top of curb to property line0 4. A slope easement shall be dedicated to the City of Cypress. 5o Curb and gutter shall be constructed on Lincoln Avenue frontage. 6. A 12 foot P~C~C~ sidewalk shall be constructed on Lincoln Avenue. 7~ Developer shall conform to all applicable provisions of the City Code° 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 PUBLIC HEARING RE: CONSIDERA~I~Q~ OF AN Ap~!~4~!Q~ .FOR ~.LI~VE~ ENTERTAINMENT PERMIT-- PARKWAY ~NN: The Mayor announced this was the time and place for the Public Hearing to consider an application for a Live Entertainment Permit to permit one or two entertainers appearing as a pianist or guitarist at the Parkway Inn, 4604 Lincoln Avenue, Cypress° The Mayor declared the Public Hearing open, and requested the Staff to present its report~ The City Manager presented a report dated March 17, 1971, which indicated that the affidavits of posting, publication and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk, and no written co~anunications either in favor of or in opposition to the requested permit have been received. The report further indicated that the Police Chief has completed an investigation of the applicant and the proposed type of entertainment and reports that the Police Department would have no basis for protest of the issuance of the subject permit~ The City Manager then added, that various sections of the City's Ordinance require that should the permit be granted it would also be subject to a Conditional Use Permit. Mayor Kanel asked if there was anyone in toe audience wishing to speak in favor of the application. Mr~ Frank L~ Lamb, 666 E~ Ocean Blvd~, Suite 604, Long Beach, Executor for the estate of Mrs~ Myrtle O~ Lowsty, owner of the Parkway Inn, addressed the Council stating that at the present time, =he Parkway Inn is worthless, and that the entertainment permit was needed in order to increase the business so that the establishment could be sold~ In answer to an inquiry from Councilmn Lacayo, the City Manager explained that requests for Live Entertainment Permit renewals were denied the Parkway Inn in August, 1969 and September, 1969, as the entertainment at ~hat time consisted of a four piece western band, and it was felt that this type of entertainment would adversely effect the R-i residents in that vicinity~ In answer to a question from Councilman Roberrs, the City Manager stated that the Conditional Use Permit could be revoked if it is later determined that the entertainment did adversely effect the R-1 residents° Discussion ensued relative to the issuance of a Conditional Use Permit, whereas, the City Attorney explained that the same Conditional Use Permit would apply, should the property change ownership~ He stated that the Live Entertainment Permit, however, ie non-transferable ~ There being no oral protests, it was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to close the Public Hearing at this time. _ 7_ City Council Minutes March 22, 1971 Mayor Kanel i~dicated that he would not favor the granting of the Permit based on the fact that it would enhance the property, and stated that it was his feeling that certain standards must be mot. Mayor Kanel further stated that he would not approve the permit because of the various problems which are associated with that particular area . In response to an inquiry from Councilman Lacayo, Captain Amberg, Cypress Police Depart- ment, stated that the application is somowhat different at this timo than it had been previously, due to the nature of the entertainmont which is proposedr and that __ at this timo, the Police Departmont has no basis for a protest. It was moved by Councilman Lacayo and seconded by Councilman Roberrs to approve the application for a Live Enter~ainmont Permiu to allow a pianist and guitarist at the Parkway Inn, subject to a Conditional Use Permit. Councilme~ Harvey indicated that there had been a considerable amount of problems relating to this establishment, along with the VIP Bar, located next to the Parkway In~ in the past, and stated that many homoowners had expressed concern. Councilman Harvey stated that he felt that by granting the permit, there is the possibility that similar problems would be encountered; and therefore, would be opposed to the approval of the permit. Mayor Kanel then stated that he concurred with Councilman Harvey's statemont, and added that one of the aspects which was considered in the Townscape Element of the General Plan was the upgrading of Lincoln Avenue. He stated that he did not feel that the permit would be in the best interests of the community. Councilman Lacayo stated that he considered this application to be a new request, and that consideration of this item should be based on what is currently before the Council rather than the past. The motion to approve the request for a Live Entertainmont Permit failed to carry by the following roll call vote: AYES: NOES: AB SENT: 2 COUNCILMEN: 3 COUNCILMEN: 0 COUNCILMEN: Lacayo and Roberrs Harvey, Kanode and Kanel None It was moved by Councilman Harvey and seconded by Councilmm~ Kanode to deny the appli- cation for a Live Entertainmont Permit at the Parkway Inn, as it would not comport with the pea~e, health, safety, convenience, good morals and general welfare of the public. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode and Kanel Lacayo and Roberrs None CONSIDERATIO~ qF PRO4EqT _#7~27-90-0000 TREE ~E~LACEM~_NT PROJECT--APp~QyA~. q~ ~ANS AND SPECIFICATIONS: The City Manager reviewed a report from the Public Works Director dated March 17, 1971, which indicated the Engineering Division has completed plans and specifications for the removal and replacement of problem Ash trees in two areas of the City. The report outlined the problems which can be created by this type of tree, and listed the various trees which have been selected. It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to approve the plans and specifications for tree removal and replacemont, and to authorize the City Clerk to advertise for bids to be received at 10:00 a.m. on April 19, 1971. CON~_RAT~O_N_i~Fj~_E~_~iANP~RU~B~._ABATEMEN~_P_~QGRAM, 1971: The City Manager presente~ a report from the Public Works Director dated March 9, 1971, which stated that the contract for the 1971 Weed and Rubbish Abatemont Program was awarded by the City Council -8- City Cotmoil Minutes March 22, 1971 at its regular meeting of February 16, 1971, and that since that time, the contractor has listed properties in the City which are considered to be nuisances and/or fire hazards~ The report further indicated that many of the properties will be cleaned by the owners after receiving notification that their properties have been posted. In response to an inquiry from Councilman Lacayo, the Public Works Director indicated that he did not believe that Mr~ Compton, who appeared before the City tom%oil at its meeting of February 8, 1971 relative to his weed abatement charges, is listed as the property owner on the tax assessors roll at this time, as he had acquired the property through a foreclosure. It Was the general consensus of the City Council that Mr. Compton should be directly notified if his property appears on the Weed Abatement Roll for the Spring of 19714 It was moved by Councilman Lacayo and seconded by Councilman Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY OF CYPRESS CONSTITUTE A PUBLIC NUISANCE, DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF, AND SETTING A PUBLIC HEARING THEREON° 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 PROPOSED WICKER DRIVE IMPROVEMENTS~ REVISIONS TO PREVIOUS REPORT OF '~E_~'4BER ~3. I9~70: The City Manager presented a report dated March 10, 1971, from the Public Works Director which indicated that the City Council, at its meeting of December 28, 1970, requested the Staff to contact the property owners on Wicker Drive to determine whether or not there would be interest in the street improvement project. The report indicated that further study of the area has been made, and then outlined three proposals for City Council consideration ~ The report advised that the recormnendation contained in this report is practically the same as that in the report dated December 23, 19~. At the request of the City Manager, the Public Works Director explained in detail, the three proposals~ In response to an inquiry from Councilman Lacayo, the Public Works Director indicated that the recommendation of the Staff is to approve a concept, after- which, provided the property owners are in agreement with the proposal, the design will acconnodate the extension of Watson Street, southerly to Orange Avenue, in the future~ He further stated that the City would not install permanent curbs and gutters at this time~ Following discussion regarding the use which this street would ultimately have, it was moved by Councilman Roberrs and seconded by Councilmen Lacayo to approve the implemen- tation of Proposal No. 3, as contained in the report, for the improvement of Wicker Drive with the extension southerly to Orange Avenue to be delayed until the need becomes urgent, and to further instruct the Engineering Division to contact the property owners to determine the interest in the implementation of the street improvement project in accordance with Proposal #3 as outlined in the report. In answer to an inquiry from Mayor Kanel, the City Manager indicated that the implementation would involve seeking accurate costs and figures, as well as an approach to take with the property owners to develop an interest on their part. He advised that a report will be forthcoming to the City Council relative to the status of the program. The n~tion was unanimously carried by the following roll call vote: 9 City Council Minutes March 22, 1971 AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None CpNS!DERATION OF .PRO~OSEP _4G_~.E__~NT BETWEEN TH~ CITy _OF _qyPR~_~ ~AND iTHE LqI~ _QF BUENA PARK-~_pROJEqT #~102-I0~05~3HQ~ER S~RE~T, O.P~._.G~_ TO BALL .ROAD__: The City Manager presented a report dated March 5, 1971, from the Public Works Director, which indicated that the City of Cypress has AoHoF~Po project #553 approved for the 1970/71 fiscal year, and the City of Buena Park has an AoH ~F~P ~ project tentatively approved for the 1971/72- fiscal year. The report suggested that street improvements on the Buena Park side of Holder Street can be included in the Cypress project, which would probably result in a reduction in unit prices, and which if done under one contract, would reduce traffic interference~ It was moved by Co~mcilman Lacayo and seconded by Councilman Harvey to approve the proposed agreement between Cypress and Buena Park for the improvement of Holder Street, Cypress Project ~7102-10-0553, subject to the approval of the City Attorney, and to authorize the Mayor to execute 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, Roberrs and Kanel None None It was moved by Councilman Lacayo and seconded by Councilman Roberts to approve the submittal of the agreement to Buena Park for approval and execution, The motion was unanimously carried by ~he following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCXLMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None Mayor Kanel declared a recess at 9:15 p~m~ The meeting was called back to order at 9:25 p.m~, with all Councilmen present ~ ~ONSI~E~RATION OF A R~..PORT ON PROPOSED RO______~E 397REEWAY .ALIGNMENT: The City Manager presented a report dated March 18, 1971, which indicated the State Division of Highways has invited the City Council to indicates a preference in the proposed Route 39 Freeway alignment, which is the subject of a PUblic Hearing scheduled for March 31, 1971 at 8:00 p.mo in the Retail Clerks~ Auditorium, 8530 Stanton Avenue, Buena Park, California. rhe report further indicated ~hat the Cypress City Council unsuccessfully supported the "Green Route", or the most westerly alignment for the first segment of the southern portion of the proposed freeway, and recently reaffirmed its position by supporting a Resolution of the Fo%E~tainValley School District, suggesting that the State Highway Commission reopen the Public Hearings on the alignment of the first segment of this freeway. The report advised that there are basically five suggested routes or alignments; however, the ~zly alignment which would affect the City of Cypress is the "Green Route" which would parallel Knott Avenue, half-way between Knott end Holder, The report further outlined the various actions which adjoining cities have taken in reference to this matter. It was moved by Councilman Roberrs and seconded by Councilman Kenode to authorize the City Manager to prepare a written statemen~ concurring with the poslti~n of the City of Garden Grove, as outlined in ~he Administrative Report, to be presented to the State Division of Hi ghways~ Councilman Harvey stated that he is opposed to the "Green Route" and will therefore be voting in opposition to the motion, He indicated that of the three recormD~ndations which are supported by the City of Garden Grove, the only one in which he would be in agreement with would b~ ~hat the Route 39 Freeway terminate at the Garden Grove Freeway." - 10 - City Council Minutes March 22, 1971 Councilme~ Robarts indicated that although it is not totally clear where the off- ramps will be, it is clear that the '~reen Route" is the only suggested route which would be in the proximity of Cypress~ He added, that he felt that this route would encourage the development of the Cityws industrial park, Councilmax Harvey stated that he was also constirred to encouraging couwnercial development within the City. He indicated that the reason that he objected to the '~reen Route" is because of noise and air-pollution. Councilnmn Harvey further stated that the City has spent a considerable amount of money to improve Katella Avenue and Valley View Street so as to acconnnodate that type of vehicular traffic which would utilize the industrial area~ The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanode, Lacayo, Robarts and Fanel Earvsy None CONSIDERATION OF SUPPLE _MENT_~L EE_P~_ 0N G~RAHA~ STREET ~_P~_FFIC ~OL~O~ ~e City M~a~r reviewed a report ~ted March 18, 1971, which indicated ~hat after considerable disc~si~ in reference to the proposal ~o c~e-sac Graham Street, ~d to pro~de a new east-west access to the tomunity park from Walker Street ~ an ali~nt with H~o~r Drive, which is located on the west side of Walker Street, the Staff c~curred with the Ad~sory Traffic Comittee in the need to cul-de-sac Graham Street. ~e report ad~sed that the mJor problem at this ti~, is the lack of fmds to coblets beth the cul-de-sac ~d acq~siti~ and develop~n~ of the east-west street, both of which are estimated to cost $117,000~ ~e City Attomey has ad~sed that the Plating Co~{esion ~d City tomoil c~ proceed co establish a precise ali~nt for the new proposed street following the c~duct of the req~red Public Hearing. ~e report indicated that the adoption of the precise ali~nt, howe~r~ does not automtically prevent de~lopmnt within the proposed street ri~t of way mlesa the City has sufficient f~ds to acquire the property either throu~ negotiation or by c~demation. It was moved by Councilman Roberrs and seconded by Councilma~ Lacayo to direct the Staff to prepare a precise alignment for the east-west street from Walker to Graham Street, and to proceed to call for the required Public Hearings before the Planning Commission and City Council, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Har~ey, Kenode, Lacayo, Roberrs and Kanel None None In response to an inquiry from Councilmm~ Lacayo, the City Manager indicated that an expenditure is not required at this time; however, the costs for appraisal services may be brought before the City Council for consideration, It was moved by Councilman Lacayo and seconded by Councilman Kenode to authorize the Staff to contact the affected property owners in order to determine whether or not a satisfactory agreement regarding the acquisition of the property can be reached. The motion was unanimously carried by the followinS roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COL~NCILMEN: Harvey, Kenode, Lacayo, Eoberts and Kanel None None CON_S_IDE__I~,TI_O_N OF AG~E_E~T ~FO_E~ _P_QP.~I~_ON_ _E_SiI.'!M~TE __FRO~_._TH_E_- STATE..DEP__AR.T~E..NT .OF ~FIN~AN_CE~ The City Manager presented a report dated March 17, 1971, which advised that the City Manager's office has requested a population estimate from the State Department of Finance which would be certified as of April 1~ 1971, and that in order to proceed with this estimate, the City Council is required to take action authorizing the Mayor to sign and the City Clerk to attest an Agreement with that aaency for conduct - 11 - City Council Minutes March 22, 1971 of the population estimate° The report indicated that the charge for this service would be $340~00, which is the charge for all cities having an estimated population of between 25,000 and 49,000° It was moved by Cou~cilmm~ Harvey and seconded by Councilman Lacayo to authorize the Mayor to sign and the City Clerk to attest the Agreement with the State Department of Finance to provide a population estimate for the City of Cypress, to be certified as of April 1, 1971~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: AJ]SENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None CONSiDeRATION. QF NO ~ARKING AREAS: The City Manager reviewed a report dated March 17, 1971, which indicated that at lts r~eting of March 12, 1971, the Advisory Traffic Committee considered a report from the Engineering Division proposing '~o Parking" areas al~ng the west side of Grindlay Street, north of Orange avenue from the end of the curve radius to a point sixty (60) feet north; the west side of Moody Street, north of Cerritos Avenue approximately eighty (80) feet from the beginning of the curve radius north on Moody; and on the north side of Cerritos Avenue between Moody Street and Christopher Street for approximately 600 feet ~ The Public Works Director pointed to the subject locations on the aerial map, Councilmm~ Harvey indicated that several citizens have expressed concern due to the lack of visibility a~ the intersection of Orange Avenue and Bloomfield Street, and have inquired as to the possibility of a '~o parking" area on Bloomfield Street, north and south of Orange Avenue. It was moved by Councilman Fanode and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO~ 1158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING NO PARKING AREASo The motion was unanimously sattied by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONSIDErATiON OF .COmmittAL W. E .T .FOR WARrAnTS Z6 ZS__THmWGH 26344: It was moved by Councilman Roberrs and seconded by Councilman Lacayo to approve the Co~mercial Warrant List for Warrants No. 26178 through 26344 in the total amount of $208,160o 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 ADDITIONAL COPIES OF THE TOWNSCAPE FINAL REPORT: TBe City Manager stated that the City h~d'received a co~munication from M~so Royce Neuechatz o~ Eckbo, Dean, Austin & William, suggesting that the City share with the consulting firm in the cost of both improving and increasing the number of copies of the final Townscape report° He indicated that the original proposal was for fifty copies, and that the firm is now suggesting 500 copies, 350 of which would belong to the City, with the consulting firm retaining the remaining 150 copies. In response to an inquiry from Councilman Lacayo, the City Manager indicated that the information contained in the improved copy would be identical to that in the copy which the City has ordered; however, the graphics contained in the improved report would be considerably more elaborate. - 12 - City Council Minutes March 22, 1971 The possibility of selling the improved document to other cities and various interested parties was discussed, following which, it was moved by Councilman Roberrs to approve the proposal of Eckbo, Dean, Austin & Willlama, improving and increasing the number of copies of the final Townscape report, and that the City charge $10.00 a copy to those who would wish to purchase the document. Included in Councilmen Robert ~s motion was that each Councilman be provided with three copies of the report ~ The motion died for lack of a second~ Councilman Lacayo then stated that he hoped the City was not in a situation whereby services which have been paid for are not going to be provided. He indicated that the fifty copies which the City has ordered should be complete. In response to an inquiry from Councilman Kenode, the City Manager stated that the City will retain all rights to the document and can reproduce it should it be desirous to do Following further discussion, it was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to receive and file the conmunication from Eckbo, Deen, Austin & Willisms. At this time, Councilman Roberrs stated that as of March 1, 1971, the State Public Utilities Commission has required that all electrical and communication services for industrial and commercial developments in California be underground. It was moved by Councilm~m Roberrs, seconded by Councilman Lacayo and unanimously carried to place this item on the agenda for consideration o It was moved by Councilmen Robarts, seconded by Councilman Lacayo and unanimously carried to instruct the City Staff to consider the subject of total undergrounding of electrical utilities throughout the City of Cypress, and to report back to the City Council within a reasonable period of time. Councilmen Roberrs recommended that the City contact Mr. tatter Blankenburg for information relative to this matter. Discussion was held regarding Senate Bill 333, pertaining to compulsory and binding arbitration, and it was the general consensus of the City Council to direct the City Menager to draft a Resolution in opposition to this Bill, to be presented to the Council for consideration at its meeting scheduled for April 12, 1971. A date in which to hold a j oint-meeting with the Planning Commission was discussed, and it was the opinion of the Council to schedule this meeting for the afternoon session of the City Council on April 12, 1971. Councilman Roberrs requested that the City Councilman be provided with textsin questions, concerning multiple-family development, which had been raised at the last joint-meeting with the Planning Commission. ORAL COMMUNICATIONS: There were no oral communications presented at this time. EXECUTIVE SESSION: It was moved by Mayor Kane~, seconded by Councilman Roberts end unanimously carried to go into an Executive Session at 10:20 p~mo to discuss a matter of litigation, The meeting was called back to order at 10:44 pomo, with all Councilmen present~ ADJOURNMENT: It was moved by Councilma~ Lacayo, seconded by Councilmen Roberrs and unanimously carried to adjourn at 10:45 p~m~ to March 27, 1971 at 9:00 a.mo, in the Administrative Conference Room. MAYOR~F THE CITY OF CYPRESS ATTEST: CITY ~LI~R~ OF~THE CITY/OF dY~RESS - 13 -