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HomeMy WebLinkAboutMinutes 71-09-13MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 13, 1971 The regular n~eting of the Cypress City Council was called to order at 4:09 pom., on Monday, September 13, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Kanel, Lacayo and Harvey ABSENT: Councilmen Kenode and Roberrs Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Len Hampal, and the following members of the City Staff: Dalton, Dunlap, Schatzeder, Grissom, Nudson and Bryant~ STAFF ~P.O.~S. AND DIS~CU~SSIONS_: Mayor Harvey read a communication from Mr. James Potter, Secretary-Treasurer of the Pop Warner Youth Football program, requesting financial support from the City of Cypress. COUNCILMAN KANODE ARRIVED AT 4:10 PoMo, AND TOOK HIS PLACE ON THE PODIUM. It was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to place the consideration of the request, by the Pop Warner Youth Football program for financial support, on the agenda at this time. It was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to direct the City Manager to ascertain the areas of support which are being requested, and to report back to the City Council at its next regular meeting° Mayor Harvey then read a communication from the Cypress Chamber of Commerce President, Mr o John HaTwick, regarding the Cypress Bo's y Clubo o Bo's Mr Richard Morris, President, Cypress y Club, 5396 Lincoln Avenue, Cypress, Bo's addressed the City Council reviewing various fund raising activities of the y Clubo COUNCILMAN ROBERrS ARRIVED AT 4:20 P.M., AND TOOK HIS PLACE ON THE PODIUM. Mr o Morris stated that he was addressing the City Council for the purpose of acquiring property on which to construct a facility for the Boy's Club. -indicated that the Club does have sufficient funds to construct a temporary building. It was moved by Councilman Kenode, seconded by Councilman Kanel and unanimously carried to place the consideration of this matter on the agenda at this time° It was moved by Councilman Kenode, seconded by Mayor Harvey and unanimously carried that the Staff determine the feasibility of the use of the property located at the northwest corner of Moody Street and Cerritos Avenue, adjacent to the fire station, for a facility for the Cypress Boyts Club and to report back to the City Council° It was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to place on the agenda for consideration at this time, the consideration of placing an advertisement in the Junior All-American Football League brochure. City Com'~cil Minutes September 13, 1971 It was moved by Councilman Kanel and seconded by Councilman Kenode to appropriate an amount cf $50°00 to be used for an advertisement in the Jro All-American Football League brochure° The motion was unanimously carried by the following roll call vote: AYES: NOES~ ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Robarts and Harvey None None Discussion was held relative to the. Orange County Airport Land Use Commission, whereas it was the general consensus of the City Council that the City would arrange a meeting on September 30, 1971 with the various cities in the area which could be affected by a determination of the Commission ~ At this time, the Recreation and Park Director displayed a medal which was presented to the Cypress Girl's Softball team for winning the District and Regional Southern California Municipal Athletic Federation Chempionship~ It was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to place the consideration of this item on the agendao It was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried that the Staff prepare a Resolution commending the Cypress Girl's Softball team for their achievements° MINUTES: was moved by Councilman Kenode, seconded by Councilmen Kenel and unanimously carried to approve the Minutes of August 2, 1971, as presented. With regard to the Minutes of August 9, 1971, Councilman Lacayo indicated that statements by both he and Councilman Kanel which were for the record, relative to the Recreation and Park District budget, had been omitted, Mayor Harvey requested that the second paragraph on page 20 be amended to read as follows: '~ayor Harvey expressed disappointment in that he had not been present when this matter was discussed by the City Council, as he had announced in advance that he wou~d be on vacation, He added, that he had found certain sections of the Ordinance which he felt will adversely affect the development of the cormnunity~" It was the cmsensus of the City Council to defer the consideration of these Minutes until such time as the requested additions have been included° It was moved by Councilman Kenode, seconded by Councilman Kanel and unanimously carried to approve the Minutes of August 23, 1971, as presented. EXECUTIVE SESSION: It was moved by Councilman Kenel, seconded by Councilman Kenode and unanimously carried to go into an Executive Session at 5:17 p.m., to discuss a matter of personnel. The meeting was called back to order at 5:50 p.m., with all Councilmen present~ It was moved by Councilman Lacayo, seconded by Councilmen Kanode and unanimously carried to consider Item 1 through 11 on the Consent Calendar at this time. CONSENT CALENDAR: The Mayor announced that all matters listed on the 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 matter° It was moved by Councilman Lacayo, seconded by Councilman Kenode and unanimously carried to approve Items No o 1 through 11 on the Consent Calendar, with the exception of Items No~ 4 and 5, which were removed at the request of Mayor Harvey° -2 - City Council Minutes September 13, 1971 Item Noo 1: Consideration of .ccn~nunication from Orange County Apartment Rouse Association inquiring about the City tax rate for the coming year° Recommendation: That the City Council request the City Manager to advice the Orange County Apartment House Association of the projected tax rate for the City of Cypress for the 1971-72 fiscal year. Ite.~..~oo 2: Consideration of Notice from the Public Utilities Commission of a Public Hearing regarding a rate increase application of the Southern California Gas Company~ Reco~m~endation: Receive and file Item Noo 3: Consideration of receipt of the Orange County Mosquito Abatement District Minutes of the meeting held August 19, 1971. Reqou~nenda~ion: Receive and file ~t~mNoo 6: Consideration of a co=munication from Councilman St. Clear of the City of Costs Mesa, and Resolution of the City Council of the City of Costs Mesa requesting that legislation be enacted to enable local agencies to establish bicycle trailways without violating the California Vehicle Code. Reqcmm~.ndation: That the City Council support the amendment of the California Vehicle Code to allow for local regulation of bicycle traffic, as outlined in the REsolution from the City of Costs Mesa and request the City Manager to cormmumicate this support to the appropriate State Legislators. ~=~m ~o. 7: Consideration of notification from the Local Agency Formation Commission of a proposed detachment of 3.4 acres of the City of Buena Park from the Cypress Recreation and Park District. Recommendation: Receive and file Item No, 8: Consideration of notification from the Local Agency Formation Commission of a proposed detachment of 3.4 acres of the City of Buena Park from the Cypress County Water District. Reconunendation: Receive and file Item No. 9: Consideration of claim submitted by Jack A. Rose, attorney for Richard M. Herron in the amount of $6,500 for an alleged false arrest° Recommendation: That the claim be officially denied by the City Council and referred to the City's insurance carrier for any further diepo.sitiono Item No. 10: Consideration of communication from Secretary-Treasurer of the Retail Clerks Union requesting the City Council to influence the League of California Cities to refrain from opposing legislation dealing with California Workers. Recommendation: That the City Manager be requested to advise the Retail Clerks Union that the City 'Council will continue to consider each legislative measure with fairness to all concerned, and the League of California Cities' position in terms of its impact upon local government in Cypress. itemNq. 11: Consideration of request to proclaim September 19, 1971 as "World Peace Day" in the City of Cypress. Recommendation: That the Mayor and City Council proclaim September 19, 1971 "World Peace Day" in the City of Cypress. CONSIDERATION OF EESOLUTIONO~ COSTAI~SA URGING PA~.SA~E. OF STATE S~NATE. BILL 51, RELATINCTOAUTOREPAIR.S: It was moved by Mayor Harvey, seconded by Councilman -3- City Cotmoil Minutes ; September 13, 1971 Robe~ts and unanimously carried to adopt the following Resolution by title only, title as follows: RESOLUTION NO~ 1195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING PASSAGE OF STATE SENATE BILL 51 RELATING TO AUTO REPAIR DEALERS. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL 9F THE_ CITY OF COSTA I~SA C_ENSORING THE ACTIONS 'OF SUPERVISORS 'CASpERS '.AND_ }AT_TAN __AND ' C~LT.XNG 'FOR THEIR REMOVAL FROM THE LOCAL AGENCY 'FORMATION 'COMMISSION: It was mo~ed by Mayor Harvey and seconded by CoumCi'lman' Kan'od~ 'th~"a i~tter be directed to the Board of Supervisors indicating a desire for the removal of Supervisors Battin and Caspers from the Local Agency Formation Co,~tssion. Following discussion where Mayor Harvey indicated that while the motion was not necessarily to censor Supervisors Caspers and Battin, but to ask for their removal in order to create an aura of neutr~lity~ Councilman Kanel stated, for the record, that while Supervisor Caspersmay have made come mistakes, he has stated publicly that he would try to rectify the situation. It was moved by Councilman Kanel to table this matter to the next meeting of the City Council. Councilman Kanel's motion died for a lack of a second. The motion on the floor failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 3 COUNCILMEN: 0 COUNCILMEN: Kenode and Harvey Kanel, Lacayo and Roberrs None It was moved by Councilman Lacayo, seconded by Councilman Kanode and unanimously carried to recess at 6:09 p.m. to 7:30 p.m. It was moved by Councilman Robarts, seconded by Councilman Lacayo and unanimously carried to reconvene at 6:10 pomp, and to reconsider the previous item before the City Council~ It was moved by Councilman Lacayo and seconded by Councilman Roberrs to receive and file the Resolution of the City Council of the City of Costs Mesa censoring the actions of Supervisors Caspers and Battin and calling for their removal from the Local Agency Formation Commission. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 2 COUNCILMEN: 0 COUNCII24EN: Kanel, Lacayo and Reberts Kenode and Harvey None For the record, Councilman Kanel stated that his vote to receive and file the matter was based on the fact that an action had Just been taken relative to it o RECESS: It was moved by Councilman Lacayo, seconded by Councilman Kenode and unanimously carried to recess at 6:11 p.m. to 7:30 p.mo CALL TO ORDER: The meeting was called back to order at 7:35 p.m., in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Kanel, Kanode, Lacayo, Roberrs and Harvey AB SENT: None -4- City Co~mcil Minutes September 13, 1971 Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Len Hampel, and the following members of the City Staff: Dalton, Dunlap, Schatzeder, Savord, Grissom, Bryant and Nudson, PLEDGE OF ALLEGIANCE: Councilman Kenode led the City Council and audience in the Pledge of Allegiance. At the request of Mayor Harvey, the City Manager reviewed the actions which had been taken by the City Council at its afternoon session. Mayor Harvey then read a letter from Mr, Bernard L. Davis, President of the 1971 Board of Directors, Cypress Bobby Sox Softball League, expressing his gratitude on behalf of the Cypress Bobby Sox League for the use of the Oak Knoll Park facilities for their recent girl's softball tournaments. Mayor Harvey stated that four years ago, while having the honor of serving as the Mayor of the City, his wife gave birth to their fifth child; and that at this time, he would like to announce the birth of his first grandchild, Jennifer Lynn Harvey~ o.s CO. mS C TIONS: Mro Elvis W. Mahan, 10172 Angela Avenue, Cypress, addressed the Council requesting enforcement of al0:00 p.m. curfew in order to alleviate problems relative to teensgets creating a disturbance in his neighborhood. The City Manager indicated that immediate steps will be taken to control the problems in FAr. Mahan's neighborhood, and that a report on this situation will be prepared for the City Council and presented at its next meeting. Mro Mahan then commented on the condition of several homes in his vicinity, whereas Mayor Harvey stated that the Staff would investigate the residences which were referred to by Mr. M@han. Regarding the 10:00 p.m. curfew, the Police Chief indicated that a Juvenile cannot be subjected to an arrest if he is going to or from a lawful Juvenile activity or a bonafide activity, and that unless a disturbance is being created which is culpable or the conduct violates the Cityws laws, the Police Department is somewhat limited as to what action they can take. In response to an inquiry from Councilman Kanel regarding a program which is sponsored by the Cypress Woman's Club for the purpose of improving relationships between the police and the people of the com~nunity, the Police Chief indicated that he was confident that a gathering was held for this purpose in Mr. Mahan's neighborhood. Councilman Kanel then requested that a list containing the various areas in the community where this program has taken place be furnished to the City Council. It was moved by Councilman Robarts, seconded by Councilmen Lacayo and unanimously carried to consider Items No. 14, 18, 19, 20, 24 and 25 on the agenda, time permitting before 8:00 pom., at which time the Public Hearings are scheduled. CONTINUATION OF CONSIDERATION OF APPOINTMENT OF A SECRETARY OF THE PLANNING COMMISSI~q: The City Manager in~{c'ate~ t~at due to the termination of employment of Mr~ Hernandez, it is necessary that a new Secretary to the Planning Commission be appointed. It was moved by Councilman Robarts, seconded by Councilman Kenode and unanimously carried to appoint Mr. Ralph White as Secretary of the Planning Commission on an interim basis. CONT.INUATION OF CONSIDERATION OF COMMUNICATION FROM .THE CITY OF ~OUNTAIN VALLEY REGARDING TOPICS AND U~.A~.FUNDS: The City Manager presented a report dated August 18, 1971, a copy of which is on file in the office of the City Clerk, which -5 - City Com~cil Minutes September 13, 1971 indicated that the City of Fountain Valley has requested that the Cypress City Council consider adoptins a Resolution which would require the Department of Public Works of the State of California to subvene directly to cities and counties TOPICS and Urban funds° It was moved by Councilman Kenode and seconded by Councilman Kenel to adopt the following Resolution by title only, and to direct the Staff to send copies of the Resolution to the State Highway Commission, State Director of Public Works, State Highway Engineer, Southern California Association of Governments Transportation Planning Committee, Statewide TOPICS Advisory Committee, State Office of the LeaSue of California Cities, State Office of the County Supervisors Association, the Congressional Delegation of Orange County and the Legislative DeleSation of State Senators and Assemblymen. Title of the Resolution is as follows: RESOLUTION NO. 1196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORES, TO SUEVENt DIRECTLY TO CITIES AND COUNTIES TO~q~ AND URBAN FUNDS, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Kanel, KaYode, Lacayo, Roberrs and Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONTINUATION 0FCONSIDERATIONOFTENTA~I~E TRACT MAP6719~'SEWAGEPUMPSTATION RE~IMEURSEMNTAGREEMENT: The city Manager presented a report from the ~blic Works Director, dated August 12, 1971, which indicated that the Engineerins Division has reviewed the proposed reimbursement agreement and it appears to be satisfactory° A copy of the report is on file in the office of the City Clerk. It was moved by Councilman Roberrs and seconded by Councilman Kenode to approve a reimbursement agreement with the Larw!n Company for a sewer pump station and a sewer in Orangewood Avenue and to authorize the Mayor to sign the agreement and the City Clerk to attest to his signature, subject to the approval of the aSreement by the City Attorney~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None CONTINUATION OF CONSIDERATION OF BOUNDARY CHANGE BETWEEN TRE C~y. OF CYPRESS ..AN.D ~:HE CITY OFLOS. ALAMITOS.~L~LOO~'I~LD ST., E~$~SI~E .~ '.N. qBTH '.O~ BALL ROAD, PROJECT NO. 7145'I0 (CUP~254): The City Manager presented a report from the Public Works Director ~ated August 17, 1971, which indicated there is a conflict in the boundary between the cities of Los Alamitos and Cypress and the property line of a parcel which was approved for development under Conditional Use Permit C-254. The report advised that the developer of the parcel did request deannexation from Los Alamitos, as required in Condition #19 of the Use Permit, and that the City subsequently has received a .request from Los Alamitos for an official request from the City of Cypress° It was moved by Councilmen Roberrs and seconded by Councilman Kenode to authorize the City Manager to file a petition with the Local Agency Formation Commission requesting approval of a proposed boundary relocation between the City of Cypress and the City of Los Alamitos, and upon receipt of the Local Agency Formation Commission's approval, to file a petition with the City of Los Alamitos, officially requesting their consent to the boundary correction, and to adopt the following ResolutiOn b~ tiII~ o~ly, tffle ~ follows: RESOLUTION NO. 1197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALIFORNIA, I~LOCATING THE BOUNDARY LINES BETWEEN THE CITY OF CYPEESS AND THE CITY OF LOS ALAMITOS, - 6 - City Cotmoil Minutes September 13, 1971 The motion was tmanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey 0 COUNCILMEN:. None 0 COENCILMEN: None PUBLIC HEARING ._RE.:. '. APPEAL O.F CONDITIONAL USE PERMIT C-260: The City Attorney advised that the Public Hearing to consider t~e"'~eai 'if Conditional Use Permit C-261, which is listed as the next item on the a~enda~ could be considered simultaneously with the appeal of Conditional Use Permit C-260, since the matters ere so similar; however, he stated, that two separate actions would be needed o The Mayor announced this was the time and place for the Public Hearing to consider the appeal of Conditional Use Permit C-260, which would allow the construction of a senior hiSh school on property generally located on the west side of Valley View Street between Ball Road and Orange Avenue and the Public Hearing to consider an appeal of Conditional Use Permit C-261 which would allow the construction of a Junior high school on property generally located on the northwest corner of Denni Street and Orange Avenus; both initiated by the City Co%moil. The Mayor declared the Public H&~ringe open and requested the Staff to present its report. The City Manager presented two reports dated September 8, 1971, which indicated that the affidavits of posting, publication and mailing of the Public Hearing notices are on file in the office of the City Clerk. Attached to the reports are the original Planning Staff Reports, along with the response from the Andhelm Union High School District indicating which conditions imposed by the Planning Commission that could be complied with by the District, and those which would require approval of the Office of Local Assistance. The reports advised that the basic reason for the appeal of the two permits is to avoid an overriding disapproval of the conditions by the Board of Trustees, which can be done at their option. The reports regarding this matter are on file in the office of the City Clerk. Dr~ James Duren, Assistant Superintendent of Business, Anaheim Union High School District addressed the City Council speaking in favor of the appeal. Mr~ Curt Helm, 1560 W. Colorado Blvd., Pasadena, California, architect for the proposed Junior high school, addressed the Council in reference to the plans for the school. There being no one to speak in opposition to the appeal, Mayor Harvey declared the Public Hearings closed. It was mo~ed By Councilman Kanel and seconded by Councilman Lacayo to approve the appeal of Conditional Use Permit C-260, subject to the following conditions: 1. Compliance with all applicable provisions of the Cypress City Code. All equipment placed on the roof shall be screened on all sides. screening to be architecturally compatible with building. In the event that the equipment is hidden from view because of the parapet, then screening shall not be required. 3. Drainage fees shall be paid in an amount authorized by the Office of Local Assistance. Drainage shall be solved to the satisfaction of the City Engineer. 5. All secondary and primary utility services shall be underground. 6. Street lights shall be installed per City standards subject to the approval of the OffiCe of Local Assistance. -7- City Council Minutes September 13, 1971 7. Advance street light energy charges shall be paid subject to the approval of the Office of Local Assistance. All streets shall be dedicated and fully improved in accordance with the Master Plan of Streets and H~ghways subject to the approval of the Office of Local Assistance. Street structural sections to be based on recon~nendation and soils report by soils engineering firm acceptable to the City Engineer with street structural sections to be determined by using applicable T~I. subject to the approval of the Office of Local Assistance· Street trees (15 gal~) 40 feet on center shall be installed along streets in conformante to the street tree policy of the Public Works DepartmEnt. The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan subject to approval of the Office of Local Assistance. Soil in planting areas including trees shall be tested by a qualified agricultural laboratory to determine the organic and chemical amendments for optimum growth for the plants specified. The test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status and boron saturation extract. Results of these tests with recoumendations of the agricultural laboratory shall be furnished to the Public Works Department for approval at least 30 days prior to planting date. 12. Necessary fire hydrants shall be installed in accordance with Fire Departrrent requirements and City standards· 13. Plan checking and inspection fees in an amount authorized by the Office of Local Assistance shall be paid· Valley View Street sixty (60') half street shall be dedicated and fully improved in accordance with the Master Plan of Streets and Highways. Valley View St rest shell be constructed with full landscape center mEdian and automatic sprinkler system and shall be designed so that further extension of the system is possible. The design of sprinkler system shall be approved by the City Engineer. All will be subject to the approval of the Office of Local Assistance. The developer shall construct the 7-A-1 storm drain to the north boundary line of property. The design and location of the storm drain shall be approved by the City Engineer. Funds for design and construc- tion shall be advanced by the developer° The developer shall construct the Master Plan Storm Drain 6-A-1 from Carbon Creek Channel to the southerly tract boundary of Tract 6839. The design and location of the storm drain shall be approvad by the City Engineer· Funds for design and construction shall be advanced by the developer. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Lacayo and seconded by Councilman Robarts to approve the appeal of Conditional Use Permit C-261, subject to the following conditions: 1. Compliance with all applicable provisions of the Cypress City Code. 2. That a pedestrian gate allowing for public access be located at the more westerly comer of the Junior high school site. -8- City Comcil Minutes : September 13, 1971 Drainage fees shall be paid in an amount authorized by the Office of Local Assistance~ 4o Drainage shall be solved to the satisfaction of the City Engineer. 5o All secondary and primary utility services shall be underground° 6o Street lights shall be installed subject to approval of the Office of Local Assistance. 7o Advance street light energy charges shall be paid subject to approval of the Office of Local Assistance. All streets shall be dedicated and fully improved in accordance with the Master Plan of Streets and Highways subject to approval of the Office of Local Assistance° Street structural sections to be based on recommendation and soils report by soils engineering firm acceptable to the City Engineer and street structural sections to be determined by using an applicable ToI. subject to approval of the Office of Local Assistance° Street trees (15 galo) 40' on center shall be installed along streets in conformante to the street tree policy of the public Works Department. The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan subject to the approval of the Office of Local Assistance. Soil in planting areas including trees, shall be tested by a qualified agricultural laboratory to determine the organic and chemical amendments for optimum growth for the plants specified. The test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status and boron saturation extract° P~sults of these tests with recommendations of the Public Works Department for approval at least 30 days prior to planting date, subject to the approval of the Office of Local Assistance° 12~ Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards. 13. Plan checking and inspection fees in an amount authorized by the Office of Local Assistance° Street trees at 40' on center referred to in Condition #10 shall be Pyrus Kawakami (Evergreen Pear). Interspersed half way between each two Evergreen Fear trees shall be a Washington Robusta palm tree with a minimum 8' height from bottom of crownto ball subject to approval of of the Office of Local Assistance° 15° The parkway on Orange Avenue between the curb and sidewalk shall be planted with turf and an automatic sprinkler system shall be installed subject to approval of the City Engineer, and subject to approval of the Office of Local Assistance. Councilman Roberrs then moved to amend the main motion to include a condition requiring a permanent access to the tennis and volley ball courts° The motion died for a lack of a second° The motion to appro-a~ the appeal of Conditional Use Permit C-261 subject to the conditions as listed, was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None -9 - City Co~mctl Minutes September 13, 1971 Mayor Harvey declared a recess at 8:56 p.mo at 9:06 p.mo, with all Councfln~n present. The meeting was called back to order CONp!DERATION OF APPROVAL OF 'PLANS ~NDSPECIFICATION~ C~RT~IqA. T. ION 0F I%I_GHT. OF WAY & AUTHOEIZATIONTOADVEKT1SEFORBIDSON'HOLDER'STREET~F_ROM ~RANGEAI~E;TO BXLL ROAD~PROJECT'#7102~IO~53: The City Manager presented a report dated September 2, 1971, from the Public Works Director, which indicated that the Holder Street project will consist of the construction of curb, gutter and sidewalk, drainage facilities, bridge widening at the Carbon Creek Channel, removal and replacement of pavement, and the modification of the traffic signal at Ball Road and Holder Street. A copy of the report is on file in the office of the City Clerk. It was moved by Counctlman zRoberts and seconded by Com~cilman Kenode to approve the plans and specifications for ln~rovement of Holder Street from Ball Road to Orange Avemue, Project #7102-10-0553 and to authorize the City Clerk to advertise for bids.subject to approval of the Orange County Road Department and the City of Buena Park. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Robarts and Harvey None None It was moved by Councilman Roberrs and seconded by Councllman Kanode to authorize the Mayor to sign the Right of Way Certification, and the City Clerk to attest to his signature. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Robarts and Harvey None None It was moved by Councilme% Robarts and seconded by Councilman Kenode to approve the Joint Powers Agreement with the city of Buena Park and to authorize the Mayor to sign the agreement and the,City Clerk to attest to his signature, subject to approval of the City Attorney. The motion was unanimously carried by the follow- ing roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Robarts and Harvey None Nene CONSIDERATION OF ACCEPTANCE OF 'IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT =#6877: The City Manager presented a repDrtdae'~' Septe~e~ ~, fg~l, fro~ the' Pub'lic Works Director, which indicated that the public improvements in tract #6877 have been satisfactorily completed in accordance with plans and specifications. It was moved by Councilman Roberrs and seconded by Councilman Kenode to accept the public improvements in Tract #6877 as being satisfactorily completed in accordance with plans and specifications and to authorize the City Clerk to release the monumentation bond and the labor and material bond upon expiration of their required lien period providing no mechanic liens are filed, with the peTformance bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None - 10 - City tom%oil Minutes September 13, 1971 ' It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to consider Items Noo 32, 33, 39, 26, 27, 29, 3~, 36, 37, 44, 47, 48 and 49 on the aeenda at this tim, and to continue the remaining itemso CONSIDERATION OF APPROVAL 'OF PLANS AND SPECIFICATIONSs' 'AND 'AUTHORIZATION 'TO ADVERTISE FOR BI6S ON' dRAHAM "ST; ~""SO~ ~OF 'ORANGE 'AVEN'UE ~ ~ldi~df~H136i'fe :' he city Manager presented ~' 'repo~t""dated September 8, i971,' which sta~ed that the City Council at the Council Meeting of August 9, 1971, directed the Endnearing Division to prepare plans and specifications for the construction of cul-de-sacs on Graham Street, south of Orange Avenue. A copy of the report is on file in the office of the City .Clerko It was moved by Councilman Kanel and seconded by Councilman Kanoae to approve the plans and specifications for the improvement of Graham Street, south of Orange Avenue and to authorize the City Clerk to advertise for bids° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEn: Kanel, Kenode, Lacayo, Robarts and Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF PLANNING CO~fISSION RECOMMENDAT. IONS 'FOR THE :.HIGHEST AND BEST USE.'FOR'PR. OPE.RTY 'LOCATED 'AT lI741VALEEY'VIEWSTREET: The City ManaSer presented a report dated September '7/1'97'1, whi'c~ adjissd ~h~t the Planning Commission, at its n~eting of September 2, 1971, recommended that the City Council initiate a zone change from R-1 to C-1 on the Van Ruiten property, generally located at 11741 Valley View Street° A copy of the report is on file in the office of the City Clerk. It was moved by Councilman Lacayo and seconded by COuncilman Kenode that zone change proceedings be initiated, changing the zone from R-1 to C-1 on the property located at 11741 Valley View Street, Cypress. The motion was unanimously carried by the following roll call vote: AYESx 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kenel, Kancde, Lacayo, Roberrs and Harvey None None ~A~SI~ERATION OF PROPOSED PA~K~ TRACT 6776: The City Manager presented a report dates ~e'ptember 8, 1971, a copy of which'is on file in the Office of the City Clerk, which indicated that Mrs. Robert Leaky has contacted the Staff regarding the possibility of exchanging.park plans for an undeveloped lot in Tract 6776° Mrs° Robert LaskT, 11563 Manila Drive, Cypress, addressed the City Council requesting that lot 109, in Tract 6776, be exchanged for lot Mrs. Diane Piligian, 11523 Manila Drive, C~press, spoke in favor of the exchange of lots. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Kenode to designate lot 110 as part of the proposed park site. It was moved by Councilman LaCayo and seconded by Councilman Robarts to table this matter to the end of theagenda, and that the Staff be directed to contact the Larwin Company regarding the possibility of donating lot 109 for the purpose of a park, in addition to lot 110. Since it wasthe general consensus of the Council that a decision relative to the exchange of lots should be taken this evening, Councilman Lacayo and Councilman Roberrs withdrew their motion. - 11- City Council Minutes September 13, 1971 The motion to designate lot 110 as part of the proposed park site was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kenel, Kanode, Lacayo, Roberrs and Harvey None None It was moved by Councilm~- Lacayo, seconded by Councilman Roberrs and unanimously carried to place on the agenda at this time, the possibility of acquiring lot 109, in tract 6776, for park purposes. It was moved by Councilman Lacayo and seconded by Councilman Kanel to direct the Staff to contact the Larwin Company to investigate the possibility of acquiring lot 109 for park purposes. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF ACCEPTANCEOF IMPROVEMENTS AND I~LEASE OF BONDS FOR CUP 234, GRAHAM .STRE~ P.ROJ. #7055'10-0000: ~h~ City Manager 'p'resent~d a report' from the Public Works Director, dated September 2, 1971, which indicated that the public improvements in Project ~055-10-0000 have been satisfactorily completed in accordance with plans and specifications. A copy of the report is on file in the office of the City Clerk. It was nuved by Councilman Roberrs and seconded by Councilman Kanode to accept the public improvements in Project #7055-10-0000 as being satisfactorily Completed in accordance with plans and specifications, end to authorize the City Clerk to release the labor and material bond upon expiration of their required lien period providing no mechanics liens are filed, with the performance bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: Kanel, Kenode, Lacayo, Robarts and Harvey 0 COUNCILMEN:. None 0 COUNCILMEN: None CONSIDERATION OF APPROVAL OF AGREEMENTE_ '_WITH THE CITy ]OF GARDEN GRO~E FOR CONSTRUCTION & MAINTENANCE OF TP~FFIC 'SIGNAL AT ORAN~EWOQ~.A~.D KNg~T 'AVENUE: The City Manager reviewed a report dated September 8, 1971, from the Public Works Director, which indicated the City Council, at its regular macring of August 9, 1971, approved plans and specifications for Orangewood Avenue from Valley View to Knott Avenue and authorized advertising for bids. The project includes traffic signals at the intersection of Orangewood with Valley View and.with Knott Avenue. A copy of the report is on file in the office of the City Clerk. It was moved by Councilman Kanode and seconded by Councilman Roberrs to approve the agreement for the Knott end 0rangewood traffic signal between the City of Cypress and the City of Garden Grove, and to authorize the Mayor to sign and the City Clerk to attest the signature, subject to approval of the City Attorney. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kan0de, ILacayo, RobeKs and Harvey None None CqN. SIDERATION OF AUTHORIZATION TO PAI~EICIPATE WITH CALIFORNIA STATE COLLEGE/ LONG BEACH IN THE ST'UD~NT 'WORKER PROGRAM: The City Manager presented a report dated September 8, 1971, which advised that the Staff has recently been in contact - 12 - City Council Minutes September 13, 1971 with the financial aids office of California State College at Long Beach, relative to the work study program for students° The report, a copy of which is on file in the office of the City Clerk, outlined the program which is funded by the Department of Health, Education and Welfare, to promote the part time employment of students who need assistance to pursue courses of study at institutions of higher education. It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to authorize a letter of intent for the City to participate with California State College/Long Beach student worker program, pending a final cost analysis. It was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to consider Item Noo 31 on the agenda, at this time. CONSIDERATION OF REQUEST FOR MODIFICATION OF CONDITION IMPOSEDON TRACT 7429: The City Manager reviewed a report dated September 8, 1971, a copy of which is on file in the office of the City Clerk, which indicated that the City Council, at its regular meeting of August 23, 1971, approved Final Tract Map 7429, located on the east side of Valley View, north of Ball Road. The report advised that the City has received a communication from the Executive Vice President of the Presley Development Company outlining the hardship created by the imposition of a condition requiring the removal of an existing home on lot 33. Mro Bill Miller addressed the Council speaking on behalf of the Presley Development Company and Mrs~ Elsie Glass, property owner~ Mro Pete Seiersen, Presley Development Company, 4600 Campus Drive, Newport Beach, California, commented on the drainage situation in the vicinity of lot 33. It was moved by Councilman Lacayo and seconded by Councilman Robarts to continue the consideration of this matter to the next meeting of the City Council, and to direct the Staff to prepare a report concerning the drainaSs problem, and further, to determine whether or not the existing house meets the Ctty~s standards° The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo and Roberrs Harvey None CONSIDERATION OF PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS: The City Manager presented a report dated September 7, 1971, jhich" ~utfi~ed the procedures for conductinE City Council meetings. A copy of the report is on file in the office of the City Clerk. It was moved by Councilman Roberrs to adopt the procedures as indicated in the report, with the exception that any recommendations of the Mayor would be included; and further, that a supply of the report would be made available to interested citizens. FolloWing discussion concerning the cost of printing the report, and other items to be included, Councilmm% Roberrs withdrew his motion~ It was moved by Councilman LacaXo, seconded by Councilman Roberrs and unanimously carried that the matter be referred back to the Staff for modification. CONSIDERATION OF PREPARATION OF CITY COUNCIL MINUTES: A report dated September 7, 1971, was presented to the City Council wh~ch"'indicated that as requested by the City Council at its meeting of August 23, 197 1, the Staff has under investigation various systems for replacing the current recording procedure, the study of which should be completed by October 1, 1971. The report stated that in the meantime, the Staff has suggested an interim proposal for Council consideration, which would be to reduce theM inures by recording the actions of the City Council without the considerable narrative which has been included - 13 - City Council Minutes September 13, 1971 thus far° The report further indicated that the Staff has suggested the use of paper belts for recording purposes which would provide a permanent record so that any indi~idual interested in a particular item could come to the City Hall and either listen to the belts or re.quest that a recording of the belts be made. It was moved by Councilmarrl~oberts, seconded by Councilman Kanel and unanimously carried to (1) direct the City Clerk to include only actions of the City Council in the written minutes, and (2) direct the City Clerk to keep paper belts of all City Council meetings for a period not to exceed two years. CONSIDERATION OF REPOEE ON THE EFFECT OF PRESIDENT NIXON 'S 90-DAY WAGE AND PRICE FREEZE: The Cit~"ManaSer'presented a report dated Sept~mbe¥ ~,' k97"1," which outlined the effects of President Nixon's 90-day wage and price freeze. A copy of the report is on file in the office of the City Clerk. It was moved by Councilms~ Lacayo, seconded by Councilman Robarts and unanimously carried to receive and file the report. It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to consider Item No~ 44 on the agenda after consideration has been given to Item No~ 49. CONSIDERATION OF APPROVAL OF AN AGREEMENT BETWEEN THE CYPRESS RECREATION AND PAR DI'S'Trdr 'AND. .CYP SS YOUTH .ATEnETIC ASSOCIATION TSE POP PROGRAM: THe City Manager presented a report dated September 8, 1971, which indicated that the subject agreement allows for the usa of the concessions and athletic facilities at the Oak Knoll Park for the Pop Warner Program. It was moved by Councilman Lacayo and seconded by Councilman Kanel to approve the subject agreement and to authorize the Mayor to sign and the City Clerk to attest the signature on the agreement between the Cypress Recreation and Park District and the Cypress Youth Athletic Association. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF APP.R.O. VA.L. 9F COMMERCIAL ~AI~AN..T L~ST FpR WARRANTS NO j 27472 AN~ 1011 THROUGH1045: The Cypress City Council acting as ex o'ffici~ governing Board of Directors of the Cypress Recreation and Park Distrlct~ It was moved by Councilman Kanel and seconded by Councilman Lacayo to approve the Commercial Warrant List for Warrants No. 27472 and 1011 through 1045 in the total amount of $32,636.19o The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None SECOND READING OF ORDINANCE RE: ZONE CHANGE Z-202: It was moved by Councilman Roberrs and seconded by C0uncilmm~ Kanel to read the following Ordinance by title only. THe motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey 0 COUNCILMEN: None 0 COUNCILMEN: None Title of the Ordinance is as follows; ORDINANCE NO. 464 AN~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS A~NDING THE ZONING ORDINANCE NO o 90 BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM C-2 (GENERAL COMMERCIAL) TO PD (PLANNED DEVELOPMENT), ZONE CHANGE Z-202. - 14 - City Council Minutes September 13, 1971 It was m01ved by Councilman Kenode and seconded by Councilman Kenel to adopt Ordinance No o 464° The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILI~N: ABSENT: 0 COUNCILMEN: Kenel, Kenode, Lacayo end Harvey Roberrs None CONSIDERATION OF 'APPROVAL OF COMMERCIAL WARRANT LIST 'FOR 'WETS NO~ 27~54 THROUGH""275'7'9: ' It ~as" moved by coUnCilman 'ifobe~ts and se~ana~d b~ Cotm'ai'lmen Lacayo to approve the Commercial Warrant List for Warrents No, 27454 through 27579 in the total amount of $120,059~87o The motion was unenimously carried by the following roll call vote: AYES z 5 COUNCILMEN: NOES: 0 COUNCII14EN: ABSENT: 0 COUNCILMEN: Kenel, Kenode, Lacayo, Roberrs and Harvey None None It was n~ved by Councilmm~ Lacayo, seconded by Councilman Roberrs end unanimously carried to consider Item Noo 30 on the agendao RECE.SS: Mayor Harvey declared a recess at 10:40 pomo The meeting was called back to order at 10:46 pomp, with all Councilmen present~ CONSIDERATION OF CONDITIONS IMPOSED ON CONDITIONA. L_.LUSE PERMIT C-246: The City ~enager presented a report de'ted September 7, 1971, which indicated the City Council-~as furnished copies of a revised plot plan for the apartments that were approved under Conditional Use Permit C-246, and that the Staff has reviewed these changes with the City Attorney, who has indicated that a modification would not be necessary due to the fact that the plot plan was changed to conform with re~uirements imposed by the Planning Commission and the City Council° Following discussion where considerable concern was expressed relative to the condition which imposed a 10' landscaping strip on the north and west side of the development, thereby causing the buildings on the west to be moved east, and those on the north to be moved south, it was moved by Councilman Roberrs and seconded by Councilman Kanel to initiate proceedings to modify the Conditional Use Permit° Because it was felt that the developer should be made aware of the Council's feelings relative to this matter prior to the modification proceedings, it was moved by Councilman Roberrs end seconded by Councilman Kenel to table their motion end to reconsider the matter as the first item on the agenda for the next meeting of the City Council. The motion carried by the following roll call vote: AYES: 4 COUNCILMAN: Kenel, Kanode, Roberrs end Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED:i COUNCILMEN: Lacayo Councilman Lacayo, for the record, stated that he was agains~ the zone change end the proposed development because of density~ He further stated that the problem which the Council is facing this evening, he felt, is due to poor planning through Council action; and that while he hopes the problem will straighten out, he would continue to abstain from any further actions on this particular development ~ It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to consider Items No. 21 and 42 on the agendao C6NTINUATION OF CONSIDERATION OF ADOPTION OF A RESOLUTION COMMENDING ~]BERT R, CARDOZA: 'It was moved by Co'uncilman Kenode end seconded by Councilman Kenel to - 15 - City Council Minutes September 13, 1971 adopt the following Resolution by title only, tit'le as follows: RESOLUTION NOo 1198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COI~4ENDING ~DBERT R, CARDOZA FOR HIS SERVICES TO THE COMMUNITY AS CHAIRMAN OF THE PLANNING COI~4ISSIONo The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILI~N: Kanel, Kanode, Lacayo, Roberrs and Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION 'OF PENDING LITIGATION ~E: MASSAGE PARLOR ORDINANCE ENFORCEMENT: carried to go into an Executive Session at 11:20 pom., to discuss this item which concerns litigation. The meeting was called back to order at 11:45 pomo, with all Councilmen present. ADJOUI~NMENT: It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried tO adjourn at 11:45 p.m. to 4:30 p.m. on Monday, September 20, 1971. ATTEST: MAYOR OF THE CITY 6F CYPRESy - 16 -