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HomeMy WebLinkAboutMinutes 71-10-12MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 12, 1971 The regular meeting o f the Cypress City Council was called to order at 4:00 pomo, on Tuesday, October 12~ 1971, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress~ California~ Mayor Robert Harvey presiding~ PRESENT: Councilmen Kanel, Roberrs and Harvey ABSENT: Councilmen Kenode end Lacayo Also present were City Manager/City Clerk Dartell Essex, City Attorney James E~ Erickson and Assistant City Manager Dartell Dalton. _STAFF I~PORTS AND DISCUSSI~O~NS: Discussion was held regarding a recent decision of the Planning Com~ssion to deny a change of zone from R-1 to C-1 on property generally located at 11741 Valley View Street, Cypress. COUNCILMAN FANODE ARRIVED AT 4:10 P.Mo AND TOOK HIS PLACE ON THE PODIUM. It was moved by Councilmen Kanel, seconded by Councilman Kenode and unanimously carried to place the consideration of this matter on the agenda at this time. It was moved by Councilman Kenode, seconded by Councilman Kanel end unanimously carried to initiate proceedings to appeal the Planning Co~,m4 ssion decision which was to deny the change of zone on the property generally located at 11741 Valley View Street, Cypress, from R-1 to C-i~ The City Manager indicated that the City has received a request from the Orange County Health Planning Council that the City Council proclaim the week of October 18, 1971 through October 22, 1971 as "Community Health Week." It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to place this item on the agenda as Item No. 17 (a). Discussion ensued with regard to the City's setback requiremonte along Lincoln Avenue during the interim period until the study is completed by the Lincoln Avenue Study Commlitteeo It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to place on the agenda for consideration at this time, an Urgency Ordinance pertaining to setback requirements along Lincoln Avenue. It was moved by Councilman Roberrs, seconded by Councilman Kanode and unanimously carried to direct the City Attorney to prepare an Urgency Ordinance relative to setback requirements along Lincoln Avenue, to be brought before the City Council for consideration at its next regular meeting scheduled to be held on October 26, 1971o E~__XECUTIVE SESSION: It was moved by Councilman Kanel, seconded by Councilman Kenode end unanimously carried to go into an Executive Session at 4:55 p.mo, to consider Item No. 43 on the agenda, a matter of litigation o The meeting was called back to order a t 5:00 p.m., with the following Councilmen present0 PRESENT: Councilmen Kanel, Kanode, Roberrs and Harvey ABSENT: Councilman Lacayo City Council Minutes October 12, 1971 It was moved by Councilman Kanode and seconded by Councilman Roberrs to authorize a settlement in the case of Tuinhout vso the City of Cypress, Orange County Superior Court Case No. 183840, in the amount of $950~00. The motion was unanimously carried by the following roll call vote: AYES: NOES: AB SENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kanel, Kanode, Roberrs and Harvey None Lacayo It was moved by Councilman Roberts, seconded by Councilman Kanode and unanimously carried to approve the Right-of-Way Agreement in accordance with the settlement. It was moved by Councilman Kanel and seconded by Councilman Kanode to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 1200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING THE GRANT OF AN EASI14ENT FROM ALE AND HILDA TUINHOI3T~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, Kanode, Roberrs and Harvey None Lacayo It was moved by Councilman Kane!, seconded by Councilman Kanode and unanimously carried to consider the Consent Calendar at this time. 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 Recommendation on the Administrative Report concerning the matter~ It was moved by Councilman Kanel, seconded by Councilman Kanode and unanimously carried to approve Items No. 6 through 17 cn the Consent Calendar. Ztem No,, 6: Consideration of receipt of Mosquito Abatement District Minutes of the meeting held September 16, 1971~ Recommendation: Receive and file. Item No. 7: Consideration of claim submitted by Robert No Christensen, Attorney for Timothy B. Fitzgerald, in the amount of $250,000 for an alleged accident on July 6, 1971~ Recommendation: That the claim be officially denied by the City Council and referred to the City~e insurance carrier for appropriate disposition. Item Nol. 8: Consideration of request to proclaim the month of October as "Cypress 3unior Women's Club Junior Involvement Month." Recommendation: That the City Council authorize the Mayor to proclaim the month of October as "Cypress Junior Woments Club Junior Involvement Month" in the City of Cypress. Item No~ 9: Consideration of request ~o proclaim the first week in November as '~ational Art Week." Recommendation: That the City Council authorize the Mayor to proclaim November 1 through November 7, 1971, as '~ational Art Week" in the City of Cypress° -2 - City Co%mcil Minutes October 12, 1971 Item.No..10: Consideration of request to proclaim the month of November as "Cypress Cultural Arts Association Month" in the City of Cypress. Recom,~ndation: That the City Council authorize the Mayor to proclaim the month of November as "Cypress Cultural Arts Association Month" in the City of Cypress. Item No. 11: Consideration of acceptance of improvements and release of bonds for CUP 236, 6191 Orange Avenue, Project 7112-10, Sanberg & Labanoff. Reco-m~ndation: That the City Council accept the public improvements in Project 7112-10 as being satisfactorily completed in accordance with plans and specifica- tions and 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. Item No. 12: Consideration of acceptance of improvements and release of bonds for CUP 249, Lincoln Street Project 7133-90, Beard Development Company. Recommendation: That the City Council accept the public improvements in Project 7133-90 as being satisfactorily completed in accordance with plans and specifications and 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 a period of one year from the date of acceptance to guarantee against any defects in material or workmanship. Item No. 13: Communication from the City of Laguna Beach regarding Orange County Ordinance No. 2515 establishing ~ealth Service Fees. Recommendation: Receive and File. Item No. 14: Consideration of Resolution from the City of Santa Rosa recov,-~nding that garbage fees be allowed as an income tax deduction. Recommendation: Receive and file. Item No. 15: Consideration of a Resolution of the City of Upland opposing the enactment of AB 2294 establishing and prescribing lot sizes and development standards for mobile home parks~ ReCo~ndation: That the City Council authorize the City Manager to transmit letters in opposition to AB 2294 to the appropriate State Legislators. Item No. 16: Consideration of adoption of Resolution of Commendation commending Boy Scout Alfred Welch, Jr. on achieving the Rank of Eagle Scout. Recommendation: That the City Council adopt the following Resolution commending Boy Scout Alfred Welch, Jr. Title of the Resolution is as follows: RESOLUTION NO. 1201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT ALFRED WELCH, JR. ON ACHIEVING THE RANK OF EAGLE SCOUT. Item No. 17: Consideration of proclaiming the week of October 23-29, 1971 as '~nited States Week" in the City of Cypress. Recqmmendation: That the City Council authorize the Mayor to proclaim the week of October 23-29, 1971 as "United States Week" in the City of Cypress. - 3 - Item No~ 17 (a): Consideration of proclaiming the week of October 18-22, 1971 as "Commaunit'y' ~ealth Week" in the City of Cypress~ Recommendation: That the City Council authorize the Mayor to proclaim the week of October 18-22, 1971 as "Community Health Week" in the City of Cypress. It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to consider out of order, Items No~ 19, 21, 35, 36 and 45. CONTINUATION OF CONSIDERATION OF EEPORT ON PLANNING AND ZONING APPEALS PROCEDURES: The City Manager presented a report dated August 5, 1971, which indicated that as requested by the City Council, the City Attorney has completed a detailed report on the Planning and Zoning Appeals Procedures, a copy of which is attached. It was moved by Councilman Kenode and seconded by Councilman Kanel to receive and file the top'oft. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Kanel, Kenode and Harvey NOES: 1 COUNCILMEN: Roberrs ABSENT: 1 COUNCILI~N: Laceyo CONTINUATION OF CONSIDERATION OF PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS: The City Manager presented a report dated September 3, '1~i '~hich indicated that the City Council, at its meeting of August 23, 1971, requested the Staff to prepare procedures as to how a Public Hearing is held, a copy of which is attached~ It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to table this matter. CONSIDERATION OF AN APPLICATION FOR A COUNTY USE PERMIT TO ALLOW A COI~4E~CIAL DOG KE~N~ 'AT.'8'4'~l GAY STkEET: The City Manager 'p~e~ed a r~por'~"~l~ted October 7, 1971 which indicated the City has received notification from the Orange County Planning Department of a Public Hearing scheduled for Thursday, October 14, 1971, to consider an application for a Use Permit of Mr~ & Mrs. Edward Malsberg, 8451 Gay Street, Cypress, for a commercial kennel. Following a discussion, it was the general consensus of the City Council to consider this matter further at its evening session o CONSIDERATION OF REQUEST TO CREATE A ZONE WHICH WOULD ALLOW THE KEEPING OF ANIMALS: The City Manager presented a report dated October 8, 1971 whic'h indicated the Ciuy has received a request from several of the property owners residing on Acacia Drive, south of Crescent Avenue, in the City of Cypress for a rural type zone which would allow the keeping of animals for other than comer- cial purposes° It was moved by Councilman Roberrs to direct the Staff to conduct a study of those portions of the Qity's Ordinance which would require modification in order to allow animals in certain areas of the City which would be compatible with the loCaEion~ Since it was the general consensus of the City Council rhat this matter should be discussed at its evening session, Councilman Roberrs withdrew his motion ~ RECESS: It was moved by Councilman Kanode, seconded by Councilman Kanel and unanimously carried to recess at 6:00 p.m~ to 7:30 pom. CALL TO ORDER: The meeting was called back to order at 7:30 p.mo, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Kanel, Kenode and Harvey ABSENT: Councilmen Lacayo and Robotto -4- City Council Minutes October 12, 1971 Also present were City Manager/City Clerk Dazrell Essex, City Attorney James E~ Erickson, and the following m~mbers of the City Staff: Dalton, Savord, Schatzeder and Bryant, PLEDGE OF ALLEGIANCE: The Cypress Police Explorer Scouts led the City Council and audience in the Pledge of Allegiance. Following the Pledge of Allegiance, Police Officer Martin displayed a trophy which was recently awarded to the Cypress Police Explorer Scouts, and then outlined the various activities and achievements of the organization. At this time, Mrs. Johnson, Executive Director cf the Cypress Show Stoppers, presented the City Council with a first place trophy which was recently awarded the organization by the City of Artssis. ~R~SENTATIO~ OF i~SOLUT~ON 0~ CO_M~E_NDATION TO THE ~YPRESS GIRLS SOFtBALL LEAGUE: Mayor Harvey read in full a Resolution commending the Cypress Girls Softball League on their winning the Southern California Municipal Atheletic Federation Champion- ship, and presented the Resolution to Mr. Tony Nieto, President of the League. Upon the request ef Mayor Harvey, the City Manager reviewed the various actions which were taken by the City Council at its afternoon session. It was moved by Councilnmn Kanel, seconded by Councilman Kanode and unanimously carried to consider the Minutes at the end of this evening's agenda. CONSIDERATION OF AWARD OF CONTRACT--GRAHAM STREET IMPROUEMENT~. PROJECT 7130-10: The City Manager presented a report dated Octqber 4, 1971, along with a supplemental report dated October 7, 1971, which outlined the bids received by the City for the improvement of Graham Street oul-de-sac, south of Orange Avenue . It was moved by Councilman Kanel and seconded by Councilman Kanode to appropriate $13,000o00 from the General Fund for the construction of project 7130-10o The motion was unanimously carried by the following roll ~all vote: AYES: NOES: AB SENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Kanel, Kenode and Harvey None Lacayo and Roberrs It was moved by Councilman Kanel and seconded by Councilman Kanode to determine that Tri-County Contractors, Inc., 2110 Eo 1st Street, Santa Ate, California, submitted the lowest and best responsible bid, and to award a contract for the construction of the Graham Street cul-de-sac, south of Orange Avenue, Project 7130-10, per their proposal dated October 7, 1971, in the amount of $11,878.85. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABS]~qT: 2 COUNCILMEN: Kanel, Kenode and Harvey None Lacayo and Roberue CONSIDERATION OF AWARD OF CONTRACT FOR AN ASPHALT EMULSION CUTBACK SPRAYER: The City Manager presented a report dated October 6, 1971, which indicated the 1971-72 budget included an appropriation for the purchase of one asphalt emulsion cutback sprayer for the Public Works Department, Maintenance Division. -5 ~ October 12, 1971 City Council Minutes It was moved by Councilman Kenode and seconded by Councilman Kanel to accept Quotation #7172-5 and to award the contract for the purchase of one asphalt emulsion cutback sprayer uo Essick Machinery Company, 3514 Wast Westminster Avenue, Santa Aria, California~ The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, Kenode and Harvey None Lacayo and Roberrs CONSIDERATION OF AN AWARD OF CONTRAC~ FQ..~.AN AUTOMATED FILING SYSTEM: The City Manager reviewed a report dated October ~, 1971 Qhich ind~c~te'~ that the 1971-72 budget included an appropriation for the purchase of one automuted filing system for the Police Department ~ It was moved by Councilman Kanel and seconded by Councilman Kenode to accept Quotation #7172-13 and to award the contract for the purchase of one automuted filing system to Remington Rand Office System, 2025 North Main Street, Santa Ana, California° The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, Kanode and Harvey None Lacayo and Roberrs CqNSLIDERATION OF AWARD OF CONTP~T FOR ORANGEWOOD AVENUE~ K~.OTT S.T. TO VALLEY V,I.EW 'ST%~.PROJ~ #7103-10-0568: The City Manager presented a report from the Public Works Director dated October 4, 1971, which advised that the City Council approved the plans and specifications for Orangewood Avenue from Valley View Street to Knott Street and authorized the City Clerk to advertise for bids at its meeting of August 9, 1971. It was nDved by Councilman Kanel and seconded by Councilman Kenode to approve the A.H~F.P~ Agreement for Valley View Street Phase I and to authorize the Mayor to sign the agreement and the City Clerk to attest to his signature. The motion was unanimously carried by the foltcwing roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Kanel, Kenode and Harvey None Lacayo and Roberrs It was moved by Councilmm~ Kanel, seconded by Councilman Kenode and unanimously carried to authorize the Mayor to sign the Right-of-Way certification, and the City Clerk to attest to his signature. It was moved by Councilman Kanel and seconded by Councilman Kenode to determine that Baxter Griffin Company, 8210 Monroe Street, Stanton, California, sub~z[tted the lowest and best bid, and to award a contract for construction of Orangewood Avenue fromKnott Street to Valley View Street, Phase I, Project #7103-10-0568, per their proposal dated October 7, 1971 in the amount of $70,610.48. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, Kenode and Harvey None Lacayo and Roberrs OHAL COI~4UNICATIONS: Mr. James Duncan, 9582 South Watson Street, Cypress, and Mr. Richard E. Smith, 1608 E. Sycamore Street, Anaheim, California, addressed the City Council in reference to the density requirements under the City's new multiple-family Ordinance, and were advised that in order to have a higher density, a change of zone to R-4 would be required~ -6- -- ~ -,~ · .~} ~ City Council Minutes October 12, 1971 PUBLIC HEARING RE: CONSIDERATIQN OF iEXTENSION.~NTERIM S~.ANDARDS FOR MULTIPLE- FAMILY DEVELOPMENT IF .HIGH DENSITY MULTI~FLE-FAMILy I{ESIDENTIALZONE (R'4): The Mayor announced this was the time and place for the Public Hearing to consider extending the interim standards for multiple-family development in the high density multiple-family residential zone (R-4) in the City of Cypress for a period of one year° The Mayor declared the Public Hearing open, and requested the Staff to present its report. The City Manager presented a report dated October 6, 1971 which indicated that the affidavits of publication and posting of the Public Hearing Notice are on file in the office of the City Clerk, and that no comunications have been received regarding this matter, Because a 4/5 vote of the City Council was needed in order to adopt the required Ordinance, it was moved by Councilman Kenode, seconded by Councilman Kanel and unanimously carried to continue the Public Hearing on this matter to the end of this evening's agenda, It was moved by Councilmm~ Kanel, seconded by Councilman K~node and unanimously carried to consider Item Now 34 on the agenda at this time, CONSIDERATION OF I~.qL~.S.T. TO MAK.~ A PRESENTATION--STRAIGHT TALK CLINIC~ INC.: The City Manager presented a report dated October 7, 1971, which advised that the City Menagerie office has received a request from representatives of Straight Talk Clinic, Inco, to make a presentation to the City Council concerning their program of youth counseling activities in the City of CFpresao Mrs° Jan Mess, President, Straight Talk Clinic, Inc~, P~O. Box 119, Cypress, California, addressed the City Council requesting support for the organization. Following the presentation by Mrs~ Moss, it was moved by Councilman Kenode, seconded by Mayor Harvey and unanimously carried to direct the City Attorney to meet with representatives of the Straight Talk C~linic, Inc,, and to submit his recommendations to the City Council at its next regular meeting~ CONTINUATION OF CONSIDERATION OF REPORT ON RETENTION OF HOUSE ON LOT 1~ TRACT 7429: The City Manager presented a report dated October 8, 1971, which indicated the City Council at its regular adjourned meeting held September 20, 1971, requested the Staff to complete additional studies regarding the house located on lot 1, Tract 7429, located on the east side of Valley View Street immediately south of Fred Drive° At the invitation of Mayor Harvey, Mr~ Peter Seiersen, Presley Development Company, 4600 Campus Drive, Newport Beach, California, displayed a rendering and plot plan of the existing house, depicting various modifications which the developer is proposing to make° It was moved by Councilman Kenode and seconded by councilman Kanel to modify the condition on the subdivision which requires ~he removal of the existing house, and to allow it to remain providing that the improvements are made in accordance with the rendering and plot plan submitted this evening. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, Kanode and Harvey None Lacayo and Roberrs .C9.N. TI. NUATION OF CONSIDERATION OF REQUEST FOR USE OF A FINANCIAL CONSULTANT: The City Manager reviewed a report dated September 8, 1971, which indicated that as a result of the City Council assuming the responsibility for administration of the Recreation and Park District, the Staff has conducted studies into the -7 - City Council Minutes October 12, 1971 possibility of providing several services for the District, one of which is financial services. It was moved by Councilman Kanel and seconded by Councilman Kanode to authorize the employment of Co Raymond Wood to provide the accounting services as outlined in the report at the rates indicated in his letter dated July 26, 1971, The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: KEnel, Kanode and Harvey None Lacayo and Roberts It was moved by Councilman Kanel and seconded by Councilman Fanode to terminate the monthly lease of the NOR machine End to discontinue the payroll service now provided by Security Pacific National Bank~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Kanel, Kanode End Harvey None Lacayo and Roberrs CONTINUATION OF CONSIDERATION OF COMMUNICATION IN RESPONSE TO A LETTER TO THE CYPRESS NEW ENTERPRISE EDITOR RE: LOS~AfAMI~OS N~Ai ~i~ 'STATION .~F~R~Y D~E~OPMEWT: T~e!~ity~En!agerin~ica~e~ that Sfter ~SCussing this matter with the Staff, it was felt that the City might consider contacting the Cypress News Enterprise relative to publishing a series of articles concerning the various matters and issues facing the City of Cypress, rather than to reply directly to individual letters. It was moved by Councilman Kanode, seconded by Councilman Kanel and unanimously carried to defer the consideration of =his matter, End ~o authorize the Staff tc contact the Cypress News Enterprise relative to publishing a series of articles concerning the various issues confronting the City of Cypress. CONTIN]jATION OF CON~SIDERATION qF REQUEST FOR FINANCIAL A~SISTA/qCE BY~H~ POP WARNER LEAGUE: The City Manager presented a report dated October 7, 1971 Which indicated that ~he City Manager and District Director have not had an oppDrtunity to meet with representatives from the Pop Warner Football League to discuss the financial assistance required~ It was moved by Councilman Kanode, seconded by Councilman Kanel and unanimously carried to cDntinue the consideration of this matter to the meeting of the City Council scheduled to be held on October 26, 1971~ RECESS: Mayor Harvey declared a recess at 8:50 p~m. The meeting was called back to order at 9:05 p~m~, with the following Councilman present: PRESENT: Councilmen Kanel, KEnode and Harvey ABSENT: Councilmen Lacayo End Roberrs Ic was moved by Councilman Kanode, seconded by Counciln~n KEnel and unanimously carried to consider Item No. 35 on the agerids at this timao CONSIDERATION OF AN APPLICATION FOR A COUNTY USE PERMIT TO ALLOW A COMMERCIAL DOG EEL AT 8451 GAY STREET (Continued): The City Manager reviewed a report dated October 7, 1971 which advised that the City has received notifica- tion from the Orange County Planning Department of a Public Hearing scheduled for Thursday, October 14, 1971 to consider an application for a Use Permit of Mr~ & Mrs. Edward Malsberg, 8451 Gay Street, Cypress, for a commercial kennel. -8- City Council Minutes October 12, 1971 Mrs~ Myrle Lanigan, 4381 Jade Avenue, Cypress, addressed the City Council in opposition to the application. It was moved by Councilman Kanel, seconded by Councilman Kanode and unanimously carried to issue an official protest against the application to the Orange County Planning Department, and to direct a member of the Staff to attend the Public Hearing which is scheduled for Thursday, October 14, 1971. It was moved by Councilman Kanode, seconded by Councilman Kenel and unanimously carried to consider Item No, 36 on the agenda at this time. CONSIDERATION OF REQUES~ .~9..CREATE A ZONE WHICH WOULD ALLOW THE KEEPING OF ANIMALS: The City Manager presented a report '~d October 8, 1971 which advised that the City has received a request from several of the property owners residing on Acacia Drive, south of Crescent Avenue, in the City of Cypress, for a rural type zone which would allow the keeping of animals for other than commercial purposes° Mrs. Mary Van den Raadt, 8634 Acacia Drive, addressed the City Council submitting a petition urging the establishment of a rural type zone which would allow the keeping of horses or other animals on property within the City. In response to an inquiry from Mr. Graham, 9090 Moody Street, Cypress, the City Manager indicated that normally, this kind of zone would not permit boarding of animals~ It was moved by Councilman Kanode, seconded by Councilman Kanel and unanimously carried to refer the matter to the Staff and Planning Commission for study and recommendation~ CONTINUATION OF CONSIDERATION OF CLASSIFICATION AND SALARY RECOMMENDATIONS-- CYPRESS RECREATION AND PARK DISTRICT: The City Manager presented a report dated September 8, 1971, attached to which is a supplemental report prepared by the Director of the Recreation and Park District regarding the classification and salary survey which was completed by the City Personnel Department prior to the adoption of the 1971-72 District Budget. It was moved by Councilman Kenode, seconded by Councilman Kanel and unanimously carried ro approve the changes in personnel classifications as contained in the report from the Recreation and Park District Director, dated September 7, 1971~ It was moved by Councilman Kanode, seconded by Councilman Kanel and unanimously carried to consider Item No. 37 on the agenda at this time. CONSIDERATION OF REqUeST .FOR REDUCTION OF..SFECIAL PERMIT AND BUSINESS LICENSE FEES: The City Manager presented a report dated October 7, 1971 from the Finance Director which advised that the Fuller Brush Company has initiated a new "Earn & Lean" plan for youngsters 15 to 17 years old, and that Mr. Elmer L. Robinson, Regional Manager of the Fuller Brush Company has requested assistance in reducing the fees required for door-to-door solicitation for uhe youths. Mr, Elmer Lo Robinson, Regional Manager, Fuller Brush Company, 9451 Moody Street, Suite #6, Cypress, addressed the Council requesting that the supplemental permit fees for the young people be reduced. It was moved by Councilman Kanel and seconded by Councilman Kanode to reduce the supplemental permit fee to $1o00 per youth, 15 to 17 years of age, and that the business license which was issued to Mr. Yoho, Area Manager, will suffice as the base license~ The motion was unanimously carried by the following roll call vote: 9 City Council Minutes October 12, 1971 AYES: NOES: AB SENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Kanel, Kanode and Harvey None Lacayo and Roberrs CONSIDERATION OF SIGN ~TYPE FOR DISTRICT PARKS: The City Manager reviewed a report dated October 7, 1971, which indicated that at its regular meeting held September 14, 1971, the Cypress Recreation & Park Commission unanimously approved a re.commendation to the City Council to utilize a standard park name sign for identification of all the park sites within the Cypress Recreation and Park District° It was m~ved by Councilman Kanel and seconded by Councilmen Kanode to approve the Cypress Recreation and Park Commission proposed sign as the official park identification sign for the parks within the District, as outlined in the report° The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Kanet, Kanode and Harvey None Lacsyo and Roberrs CONSIDERATION OF AUTHORIZATION OF MEMBERS OF THE REC, & PARK COMMISSION TO ATTEND CONFERENCE: The Ci'ty Manager presente'd a report dated October 7, 1971, which indicated that the Cypress Recreation and Park Conm~ission has requested authoriza- tion of the City Council for the Chairman and Vice-Chairman of the Commission co attend the California Pacific Southwest Park and Recreation Conference which is scheduled to be held in San Diego on March 3 through 7, 1972, It was moved by Councilman Kanel and seconded by Councilman Kanode to authorize the Chairman and Vice-Chairman of the Cypress Recreation and Park Co~nission to attend the California Pacific Southwest Park and Recreation Conference in San Diego, March 3-7~ 1972, and that the representatives be reimbursed for all necessary and actual expenses. The motion was unanimously carried by the follow- ing ~oll call vote: AYES~ NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Kanel, Kanode and Harvey None Lacayc and Robarts CONSIDERATION OF SELECIION OF A CONSULTING ENGINEER FOR DISTRICT LIGHTING PROJECTS: The City Manager presented a report dated Octob~'~ '7,'197'1, which indicated tha't ~he 1971-72 District Budget includes funds for lighting two sport facilities (Arnold/Cypress and Oak Knoll Parks), parking lot lighting at Oak Knoll Park and security lighting at Texaco/Chestnut Park. It was moved by Councilmen Kanel and seconded by CoUncilman Kanode to authorize the City Manager and District Director to enter into a contract with Jones, Cooper and Associates, Inco to provide engineering design, plans, specifications, and construction supervision of the lighting projects outlined in the report pursuant to the proposal dated September 16, 1971~ The motion was unanimously carried by the following roll call v~te: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Kanel, Kanode and Harvey None LacayO and Robarts CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO, 1046 THROUGH 1055~ AND 1056 THROUGH 1085: It was moved by Councilman Kanode and seconded by Councilmen Kanel to approve the Cypress Recreation and Park District Commercial Warrant List for Warrants No~ 1046 through 1055 in the total amount of $18,227.85~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Kanel, Kanode and Harvey None Lacayo and Roberrs - 10 - City Council Minutes October 12, 1971 It was mmved by Councilman Kenode and seconded by Councilman Kanel to approve the Cypress Recreation and Park District Commercial Warrant List for Warrants Noo 1056 through 1085 in the total amount of $5,982.17. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanei, Kenode and Harvey None Lacayo and Roberrs CONSIDERATION OF GRINDLAY STREET STOI{M DRAIN EXTENSION--PROJECT #7210-Z0, APPROVAL OP PLANS AND SPECIFICATIONS: The City Manager presented a report dated October 6, 1971 from the Public Works Director, which indicated that the Engineering Division has completed plans and specifications for the extension of the Grindlay Street (2-A-8) storm drain north of Lincoln Avenue. It was m~ved by Councilman Kenode and seconded by Councilman Kanel to approve the plans ~nd specifications for the ex=ension of the Grindlay Street (2-A-8) Storm Drain Project, #7210-20, and to authorize the City Clerk to advertise for bids to be received at 10:00 a.m~, November 10, 1971. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, Kenode and Harvey None Lacayo and Roberrs ft was moved by Councilman Kenode and seconded by Councilman Kanel to authorize the City Manager to conclude negotiations and acquisition of the required right-of-way, as outlined in the report.l The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, Kenode and Harvey None Lacayo and Roberrs CONSIDERATION OF EXCHANGE OF LOTS FOR TRACT 6776 PARKSITE: The City Manager presented a report dated October 6, 1971 from the Public Works Director, which indicated that the City Council, at its regular meeting of September 13, 1971, in response to a request from homeowners in the area adjacent to the parksite in Tract #6776, instructed the Staff to attempt ,5o obtain an additional lot, and that in the event this was not possible, to reverse the exchange of lots previously approvedo It was moved by Councilman Kanel and seconded by Councilman Kenode to approve the exchange of lot #109 in Tract #6776, owned by the City of Cypress, in return for lot #106 in Tract #6719, owned by Larwin Company, and to authorize the Mayor to sign and the City Clerk to attest to the signature on the deed with the deed to be transmitted to Larwin Company upon receipt of the executed deed for lot #106 in Tract #6719. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, Kenode and Harvey None Lacayo and Roberrs CONSIDERAIION OF APPROVAL OF REIMBURSEMENT AGREEMENT .OF ~IN~OLN AND GRINDLAY STy. NORTHWEST--CUP C-246~ CITY PROJECT #71~8j~0: The City Manager presented a report from the Public Works Director dated September 29, 1971, which indicated that the City Council approved Conditional Use Permit C-246 at its regular meeting held on June 14, 1971 for the construction of an apartment complex at Lincoln and Grindlay Street/= The report further indicated that the City Manager approved the drafting of an agreement incorporating conditions No. 16 end 17 which were intosod on the Conditional Use Permit by the City Council. - 11 - City Council Minutes October 12, 1971 It was moved by Councilman Kenode and seconded by Councilman Kanel to approve the agreement between Larwin Company and the City of Cypress for the reimburse- ment of one-half the cost of the construction of the maintenance yard street pursuant to Conditional Use Permit C-Z46 and to authorize the Mayor to sign and the City Clerk to attest to the signature~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Kanel, Kanode and Harvey None Lacayo and Roberts CONSIDERATION OF CITY OF CYPRESS .LI.G~.TING .D!~q~ .~2 AD VALOREM ASSESSMENT FOR CALENDAR YEAR 1973: The City Fu~nager presented a report dated September 21, 1971 from the Public Works Director, which indicated that the existing City of Cypress Lighting District No. 2 assessments are determined and levied by the City under the provisions of the Street Lighting Act of 1919. It was moved by Councilman Kenode and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF Oi~ANGE, STATE OF CALIFOI~NIA, ORDERING THE CITY ENGINEER TO PREPARE A MAP, PLANS, SPECIFICATIONS, ESTIMATE AND PRELIMINARY REPORT, PURSUANT TO THE PROVISIONS OF DIVISION 14, PART I, STREETS AND RI~{WAYS CODE, STATE OF CALIFOI~NIA, AS AI~NDED, REFERRED TO AS "STREET LIGHTING ACT OF 1919", FOR THE INSTALLATION OF, THE FUI~NISHING OF ELECTRIC CURI~NT FOR AND THE MAINTENANCE OF A STREET LIGHTING SYSTEM IN SAID CITY FOR A PERIOD OF NINE (9) YEARS, BEGINNING JAN- UARY 1, 1973 AND ENDING JANUARY 1, 1982~ The motion was unanimously carried by the following roll call vote: AYES: NOES: AB SENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Kanel, Kanode and Harvey None Lacayo and Roberts CONSIDERATION OF RESOLUTION OF THE CITY OF NEWPORT BEACH SUPPORTING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION: The City Manager presented a report dated October 8, 1971, which indicated that attached to the report is a copy of a con~nunication and Resolution from the City Council of the City of Newport Beach reaffirming its support for the Orange County Airport Land Use Commission, end urging the Orange County Board of Supervisors to provide the Commission with meaningful financial assistance~ COUNCILMAN ROBERTS ARRIVED AT 10:27 P~M., AND TOOK HIS PLACE ON THE PODIUMo It was moved by Councilman Kanode and seconded by Councilmen Kanel to sustain the City's previous position relative to this matter, and to suggest a change in legislation which would remove the powers of the Airport Land Use Commission over those cities affected only by military air facilities~ Councilman Roberts moved to amend the motion to include that in the event the main motion could not be clearly presented when this matter is scheduled for a vote at the next Executive Board M~eting of the Orange County Division of the League of California Cities, that the City of Cypress would take a position in opposition to the Orange County Airport Land Use Commission. Councilman Robertws motion died for a lack of a second. - 12 - City Council Minutes October 12, 1971 The main n~tion was unanimously carried by the following roll call vote: AYE S: NOES: AB SENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kanel, Kenode, Roberrs and Harvey None Lacayo CONSIDERATION OF ADOPTING AN OEDINANCE 1{ELATING TO ANIMAL CONTROL: The City Manager presented a report dated October 7, 1971, which indicated that by adopting the Ordinance relating to animal control, the City will be in conformante with animal control regulations of Orange County. It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to read the following Ordinance by title only. Title of the Ordinance is as follows: ORDINANCE NO~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING SECTION 3-1.1 TO 3-9.2, INCLUSIVE OF CHAPTER 3 OF THE CYPRESS CITY CODE; ADDING SECTIONS TO CHAPTER 3 OF THE CYPRESS CITY CODE, HEREBY ADOPTING BY REFERENCE ORANGE COUNTY ORDINANCE NO~ 2159 AS AMENDED BY ORANGE COUNTY ORDINANCE NOS. 2216 AND 2385 AND 2417, ALL OF WHICH ORANGE COUNTY ORDINANCES I~LATE IO ANIMAL CONTROL, WELFARE, LICENSE AND HEALTH REQUIREMENTS AND PROVIDING PENALTIES FOR THE VIOLkTION OF THIS ORDINANCE. It was moved by Councilman Kenode and seconded by Councilman Kanel to approve the first reading of the 0rdinance~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kanel, Kenode, Roberrs and Harvey None Lecayo It was moved by Councilman Kenode, seconded by Councilman Roberrs and unanimously carried to schedule a Public Hearing to be held on November 8, 1971 at 8:00 p~m., in orde~ to adopt the above Ordinance by reference. CONSIDERATION OF PROPOSED TRANSFER STATION CHARGES BY THE COUNTY OF ORANGE: The City Manager presented a report dated October 8, 1971, which indicated the Staff has completed a review of the report prepared by the 0range County Road Department entitled, "A P~-Analysis of Transfer" which suggests several new proposals for the handling of rubbish in the County. It was moved by Councilman Kenode, seconded by Councilman Roberrs and unanimously carried to receive and file the report. CONSIDERATION OF REQUEST OF THE CITY OF BUENA PARK FOR CONSTRUCTION OF A STORM DRAIN ON HOLDER AVE: The City Manager presented a report dated October 8, 1971, which advised that the City has received a communication from Mr. F. L. Yaberg, Director of Public Works and City Engineer for the City of Buena Park requesting on behalf of the Buena Park City Council, approval to construct 80~ of storm drain in the City of Cypress on Holder Street to connect to the City of Cypress storm drain system which runs from Holder Street through Cypress College, south on Juanira Street to the Carbon Creek Channel. It was moved by Councilman Kenode, seconded by Councilman Roberrs and unanimously carried to concur with the position of the Staff to request the City of Buena Park to participate in the cost of the storm drain system, and that the City Manager and Public Works Director be authorized to meet with the appropriate Buena Park officials to resolve this matter. - 13 - City Co~mcil Minutes October 12, 1971 CONSIDERATION OF REVISI. O. NS TO THE POSITI. O.N 'CLASSIFICATION PLAN: The City Manager pre'sented a report dated October 5, 197'1, 'w~C~' 'indicated Resolution No. 703, which establishes rules and regulations regarding employment conditions for the City, provides that a Position Classification Plan be adopted by the City Council by Resolution, and that subsequent amendments or revisions must be approved by the City Council in the sam~ manner, It was moved by Councilman Kenode and seconded by Councilman Kanel to adopt the following R~solution by title only, title as follows: RESOLUTION NO. 1203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO~ 975 BY ADDING CLASS SEECIFICATIONS FOR THE POSITIONS OF POLICE WOMAN AND JAILOR-PROPERTY CLERK TO THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE COMPETITIVE SERVICE OF THE CITY OE CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, Kenode, Roberrs and Harvey None Lacayo CON~SIDERATION OF~APPRO~AL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 27717 THROUGH2Z836 AND 27580 THROUGH 27716: It was moved by Councilman Roberrs and seconded by Councilmsm Kan~ ~ approve the Conmartial Warrant List for Warrants Noo 27717 through 27836 in the total amount of $283,170.65. The motion was unanin~muely carried by the foll3wing roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, Kenode, Roberrs and Harvey None Lacayo It was moved by Councilman Roberrs and seconded by Councilman Fanode to approve the Commercial Warrant List for Warrants Nco 27580 through 27716 in the total amount of $197,037o77~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, Kenode, Roberrs and Harvey None Lacayo SECOND READING OF AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE: It was moved by Councilman Kanode and seconded by Councilman Kanel to read the follow- ing Ordinance by title only~ Title of the Ordinance is as followa: ORDINANCE NO~ 466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 6 OF THE CITY CODE, It was moved by Councilman Kenode and seconded by Councilman Kanel to adopt Ordinance No/46611 The motion carried by the following roll call vote: A~ES: 3 COUNCILMEN: Kanel, Kenode and Harvey NOES: 1 COUNCILMEN: Roberrs ABSENT: 1 COUNCILMEN: Lacayo - 14 - City Council Minutes October 12, 1971 PUBLIC HEARING RE: CONSIDERATION OF E~X~_ENSION QF INTERIMsSTANDARDS FOR MULTIPLE-FAMILY DEVELOPMENT IN .HIGHDENS!TYM~PLE-F_A~.~ ZONE L(~-4) FOR A PERIOD OF ONE YEAR.~qqntinue.~): The Mayor announced that the Public Hearing was open, There being no one to speak in favor of or in opposition to this matter, it was m~ved by Councilman Roberrs, seconded by Councilman Kanode and unanimously carried to close the Public Hearingo It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to read the following Ordinance by title only~ Title of the Ordinance is as follows: ORDINANCE NO. 467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO, 456, PROVIDING INTERIM STANDARDS FORMULTIPLE-FAMILY DEVELOPMENT IN HIGH DENSITY MULTIPLE- FAMILY RESIDENTIAL ZONE (R-4), BY EXTENDING THE TERM THEREOF FOR A PERIOD OF ONE YEAR, It was moved by Councilman Kanel and seconded by Councilman Kanode to adopt Ordinance No~ 467. The motion was unanimously carried by the following roll call vote: AYES .' 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Ranel, Kanode, Roberts and Harvey None Lacayo MINUTES: It was moved by Councilman Kanode, seconded by Councilman Kanel and unanimously carried to approve the Minutes of September 13, 1971, as presented. It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to approve the Minutes of the Adjourned Regular Meeting of September 20, 1971, as presentedo It was moved by Councilman Roberrs, seconded by Councilman Kanode and unanimously carried to approve the Minutes of the Adjourned Regular Meeting also held on September 20, 1971, as presented. It was moved by Councilman Ranode, seconded by Councilman Roberrs and unanimously carried to approve the Minutes of September 27, 1971, as presented. ORAL COM~tTNICATIONS: There were no oral comaunications presented at this time. ADJOURNMENT: It was moved by Councilman Kanode, seconded by Councilman Ranel and unanimously carried to adjourn at 11:17 p.m., in memory of Mr. Daniel T. Mackey, prominent Cypress citizen, recently deceased° MAYOR OF THE CITY OF CYP~ - 15 -