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HomeMy WebLinkAboutMinutes 71-11-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 22, 1971 The regular meeting of the Cypress City Council was called to order at 4:07 pomo, on Monday, November 22, 1971, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Kanel, Lacayo and Harvey ABSENT: Councilmen Kanode and Roberrs Also present were CityManager/City Clerk Darts11 Essex, City Attorney James Eo Erickson and the Building Superintendent, Tom Nudson. At the request of Mayor Harvey, it was moved by Councilmen Lacayo, seconded by Councilman Kanel and unanimously carried to place on the uganda for consideration at this time, a Resolution commending the Western High School Football Team for its outstanding performance this year. It was moved by Councilman Hanel, seconded by Councilman Lacayo and unanimously carried to instruct the City Manager to prepare a Resolution of Commendation honoring the Western High School Football Team for its outstanding performance and achievements~ At this time, the City Manager introduced Supervisor Baker, of the Orange County Board of Supervisors, who will be representing the majority of the City of Cypress on the Board. Supervisor Baker discussed certain nmtters of interest with the City Council, and then provided the Council with information concerning a proposal to create an Orange County Housing Authority. COUNCILMAN ROBERTS ARRIVED AT 4:15 P.M., AND TOOK HIS PLACE ON THE PODIUM. COUNCILMAN KANODE ARRIVED AT 4:30 P.M., AND TOOK HIS PLACE ON THE PODIUM. Following Supervisor Baker's presentation, it was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to place on the uganda for consideration as Item 23 (a), the creation of an Orange County Housing Authority~ MINUTES: It was moved by Councilman HUnode, seconded by Councilman Roberrs and unanimously carried to approve the Minutes of November 8, 1971, as presented. It was the general consensus of the City Council to proceed to Item No. 1 on the agenda at this time. CONSIDERATION OF AWARD OF CONTRACT FOR EXTENSION OF THE PUBLIC WORKS MAINTENANCE BUILDING: The City Manager presented a report dated November 15, 1971, from the Public Works Director which indicated that the 1971-72 Fiscal Year budget includes funds for adding two bays to the existing Public Works maintenance building, which will help to relieve the lack of operating space. It was moved by Councilman Lacayo and seconded by Councilman Robertsto award a contract for building modification in the amount of $13,224.00 to Carl Brooke, Inco, 1366 Coronado Avenue, Long Beach, California, with construction to be in accordance with proposals dated October 29, 1971 and NOvember 4, 1971, and specifications prepared by the Engineering Division. The motion was unanimously carried by the following roll call vote: City Council Minutes November 22, 1971 AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Robertsand Harvey None None CONSIDERATION OF AWARD OF CONTRACT FOR TRACTOR WITH FRONT LOADERE REAR SCRAPER: At the request of the City Manager, it was moved by Councilman Lacayo~ seconded by Councilman Roberrs and unanimously carried to continue this item to the next regular meeting of the City Council scheduled to be held on December 13, 1971. 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 epproving the Recommendation on the Administrative Report concerning the matter. It was moved by Councilman Roberrs and seconded by Councilman Fanode to remove Item No. 6 from the Consent Calendar and to continue Item No. 8 to the next regular meeting of the City Council, and to approve the remaining items. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Robe=ts and Harvey None None Item Noo 3: Consideration of receipt of Mosquito Abatement District Minutes of the meeting held on October 21, 1971. Recommendation: Receive and file. Item Noo 4: Consideration of request for postponement of implementation of State policy regarding discharge to ocean water. Reco~=nendation: That the City Council concur in the request and request the City Manager to notify the State Water Resources Control Board that the City Council supports deferring the implementation of the State policy for discharge to open ocean waters until the Southern California Coastal Water Research Studies are completed in October, 1972. Item No. 5: Consideration of Notice of Applications for rate adjustment for the Southern California Edison Company. Recommendation: Receive and file the notification. Item No~ 7: Consideration of acceptance of final tract map #7499. Recommendation: That the City Council approve final tract map #7499 and accept the bonds and agreements for public improvements in the amount of $4,200,00~ which is not less than 50% nor more than 100% of the total improvements, and to authorize the City Clerk to sign the record map upon completion of the following condition: 1. Approval of bonds and agreements By the City Attorney Item No. 9: Consideration of certification of employment list for Police Officer under the Public Emplo3nnent Program. Recommendation: That the City Council certify the subject employment list as submitted° Item No. 10: Consideration of certification of employment list for Jailor/Property Clerk under ~he Public Employment Program. Recommendation: That the City Council certify the subject employment list as submitted. It was moved by Councilman Lacayo, seconded by Councilmen Roberrs and unanimously carried to consider Item No. 6 prior to Item No. 11 on the ageride. -2- City Council Minutes November 22, 1971 EXECUTIVE SESSION: It was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to go into an Executive Session at 5:12 pom., to discuss a matter of litigation° The meeting was called back to order at 5:13 p.m., with all Councilmen present~ It was moved by Councilman Fanode, seconded by Councilman Fanel and unanimously carried to consider Item Noo 17 on the agendao At the requestof the City Manager, it was the general consensus of the City Council to defer the consideration of this matter until the evening session of the City Council, when additional members of the Staff will be present° It was moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously carried to consider Item Noo 18 ontbe agendao At the request ofthe City Manager, it was the general consensus of the City Council to consider this item at the evening session of the City Council in order that amember of the S~aff would be available to answer any questions which the Council might have. It was moved by Councilman Lacayo, seconded by Councilman Fanode and unanimously carried to consider Items No. 19, 21, 22 and 23 at this time. CONSIDERATION OF POLICY ON ATHLETIC TEAM PARTICIPATION: The City Manager presented a report dated November 17, 1971, which indicated that th~ Cypress Recreation and Park Commission, at its regular meeting of November 9, 1971, reviewed the problems encountered with those boys and girls who may wish to participate in both an organized private athletic sport and similar athletic sports sponsoredby the District° Itlwas moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously carried to concur in the recommendation of the Cypress Recreation and Park Commission to establish a ruling that boys and girls participating in organized private leagues will not be eligible to participate in a Cypress Recreation and Park District sponsored league if any portion of that session is concurrent with another similar sport. CONSIDERATION OF POLICY ON PRIORITIES FOR USE OF DISTRICT FACILITIES: The City Manager presented a report dated November 17, 1971, which outlined several priorities which the Recreation and Park Commission felt should be established for the use of District facilities° Iu was moved by Councilman Lacayo, seconded by Councilman Kanodeand unanimously carried to concur in the recommendations of the Recreation and Park Commission as outlined in the report, and to adopt the recommendations as official District policy; and further, Chat a copy of the priority regulations be forwarded to all groups which are currently using or plan to use the facilities. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANT NO. 1705 AND WARRANTS NO. 1124 THROUGH 1140 (RECREATION & PARKDISTRICT!: It was moved by Councilman Roberrs and seconded by Councilman Fanel to approve the RecreatiOn and Park District Commercial Warrant List for Warrant No. 1105 and Warrants No. 1124 through 1140 in the total amount of $10,769o36o The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Fanel, Fanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVHRTISEFORBIDSFORTREESUPPLYAND PLANTINGPROJECTiPROJ~. #7215-90: The City Manager presented a report dated November 15, 1971 from the Public Works Director which indicated that the Engineering Division has completed plans and specifications for the supply and planting of trees in Tracts #6559, #6823 and #6878. -3- ~eity Council Minutes November 22, 1971 It was moved by Councilman Kanel and seconded by Councilman banode to approve the plans and specifications for City project #7125-90,1Tree Supply and Planting, and to authorize the City Clerk to advertise for bids with bids to be opened in the City Clerk's office at 10:00 a.mo onDecember 20, 1971o 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 It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to proceed co Item Noo 24 on the aSenda. CONSIDERATION OF AMENDMENT TO COOPERATIVE AGREEMENT NO o 69-23H 23 BETWEEN TPa CITY OF CYPRESS ANDTEESTATEOF CALIFORNIA: The City Manager presented a report dated November 15, 1971 from the Public Works Director which advised that the City Council, at its regular meeting of February 24, 1970, adopted a Resolution authorizing execution of Cooperative Agreement 69-23N 23 with the State of California under the Emergency Flood Relief Law. The report further advised that the SCats Division of HiShways has requested approval and execution of an amendment to the agreement providing for additional participation by the State. It was moved by Councilman Hanel and seconded by Councilman Henode toapprove the amendment co Cooperative Agreement #69-23H 23, dated February 24, 1970, and to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, AUTHORIZING EXECUTION OF AN AMENDMENT TO COOPERATIVE AGREEMENT NO. 69-23H 23 WITH THE STATE OF CALIFORNIA UNDER THE EMERGENCY RELIEF LAN The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Henode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF ABANDOIq4ENTNO. 72o2s PORTION OF GREGORY STREETI DEDICATED AS LOT "B"I TRACT #5930: The City Manager presented a report dated November 12, 1971, from the Public Works Director whichindicated chat the Belvedere Plumbing Company has paid the required fee and requested vacation of that portion of Gregory Street which was dedicated to the City of Cypress for street purposes as Lot "B" of Tract #5930. Because it was felt that a member of the Staff should bopresent when this item is considered, it was moved by Councilman Robarts, seconded by Councilman Lacayo and unanimously carried to continue the consideration of this matter to the evening session of the City Council, and to consider Item No. 27 on the agenda at this time~ CONSIDERATION OF REQUEST TO SHARE LITIGATION COSTS FOR THE SELECTION OF REPRESENTATIVES TO THE LOCAL AGENCY FORMATION COMMISSION: The City Manager presented a report dated November 17, 1971 which indicated that correspondence addressed to the Mayor has been received from Mayor Just of Fountain Valley, who serves as Chairman of the City Selection Committee for LAFC representatives, advising that the City's share of litigation costs in the recent controversy regarding the seating of city representatives on the Local Agency Formation Commission is $768°70° City Council Minutes November 22., 1971 It was moved by Councilman Roberrs that the City forward an amount of $768.70 to the City Selection Com~nittee, and that an amount of $5°00 be directed to the Orange County Beard of Supervisors. Councilman Robert's motion died for a lack of a second. It was moved by Councilman Kanel and seconded by Councilman Fanode that the City contribute a total amount of $768.70 to the City Selection COmmittee. Councilman Lacayo stated, for the record, that he was opposed to this motion, as he was opposed to the $200°00 which was authorized by the City Council at a previous meeting, primarily because of the way in which the requests have come to the City Council. Re added~ that he was not at all against the actions to establish bodies to make sure that the bodies are representative of the entire County; however, was not too sure as to the fault of either the cities or the Orange County Board of Supervisors. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILMEN: Kanel, Fanode and Harvey Lacayo and Roberrs None CONSIDERATION OF INITIATING DETAC}~ENT PROCEEDINGS FROM TF~ CYPRESS COUNTY WATER DISTRICT: The City Manager reviewed a report dated November 17, 19/1 which indicated that the Local Agency Formation Commission approved Annexation 71-1 and Annexation 71,2, subject to the condition that the City take steps to detach the property from any district where duplicate services are performed. It was moved by Councilman Fanode and seconded by Councilman Roberteto adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1213 A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF CYPRESS MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMIS- SION OF ORANGE COUNTY FOR TEE INITIATION OF PROCEEDINGS FOR T~E DETAC~4ENT OF CERTAIN UNINMABITED TERRITORY FROM TEE CYPRESS COUNTY WATER DISTRICT° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Kanel, Fanode, Lacayo, Robarts and Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None It was moved by Councilman Kanode and seconded by Councilman Robarts to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1214 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF CYPRESS MAKING APPLICATION TO TEE LOCAL AGENCY FORMATION COMMISSION OF ORANGE COUNTY FOR THE INITIATION OF PROCEEDINGS FOR TEE DETACltqENT OF CERTAIN UNINHABITED TERRITORY FROM THE CYPRESS COUNTY WATER DISTRICT~ 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 -5- · City Council Minutes November 22, 1971 RECONSIDERATION OF TERMINATING SOCIAL SECURITY COVERAGE: The City Manager presented a report dated November 17, 1971 which indicated that the City Manager and representatives from both employee associations recently met with officials from the Office of the State Retirement System and Office of Social Security, and that ass result of the meeting, it was clear that it would be in the best interest of both the employees and the City to continue under the existing integrated Social Security-PoEoR.So system. It was moved by Councilman Fanode and seconded by Councilman Roberrs to rescind Resolution No. 1030, adopted December 8, 1969, terminating Social Security Agreement between the City of Cypress and the State of California. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Fanode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Fanode and seconded by Councilman Robarts to adopt the following Resolution by title only, title as follows: RESOLUTION NO, 1215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING TERMINATION OF THE SOCIAL SECURITY (OLD-AGE, SURVIVORS, DISABILITY, AND HEALTH INSURANCE)AGREEMENT BETWEEN THE CITYOF CYPRESS AND THE STATE OF CALIFORNIA The motion was unanimously carried by the following roll call vote: AYES: 5COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Fanode, Lacayo, Roberrs and Harvey None None RECESS: It was moved by Councilman Fanode, seconded by Councilman Lacayo and unanimously carried to recess at 5:50 p.m. to 7:30 p.m. CALL TO ORDER: The meeting was called back to order at 7:33 pomp, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Fanel, Lacayo, Roberrs and Harvey ABSENT: Councilman Fanode Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. trickson and the following members of the City Staff: Dunlap, Schatzeder, Savord, Nudson, Bryant and Grissom. PLEDGE OF ALLEGIANCE: Councilman Fanel led the City Council and audience in the Pledge of Allegiance. At this time, Mayor Harvey announced the winners of the Anti-Litter Poster Contest, and introduced Mrs. John Rich, President of the CFpress Woman's Club which sponsored theevent, who presented the students with certificates. RECESS: Mayor Harvey declared a recess at 7:45 p.m. The meeting was called back to order at 7:48 p.m., with the following Councilmen present: -6- City Council Minutes November 22, 19717. PRESENTs Councilmen Kanel, Lacayo, Rebates and Harvey ABSENT: Councilmen. H anode At the request of Hayor Harvey, the City Manager reviewed the varieus'actiens" which had been taken by the City CounCil at its afternoon session. ORAL COi~IUNICATIGNS: Mr. SiJaffrey, 6802Acacia Street, Garden Grove, California, addressed the City Council in behalf of various real estate companies which operate in the Cypress area, requesting modifiCationsto the City's sign ordinance~ COUNCILMAN KANODEARRIVED AT 7:50 P.M., AND TOOK HIS PLACE ON THE PSDIUM. Me. Hay Hatbeck, 1132 Gilbert Street, Garden Grove, California, also addressed the City Council in reference to the si2n ordinance, It was moved by Councilman Fanel, seconded by Councilman Rebates andunanin~usly carried tOplace this matter onthe aSenda for consideration at this time. It was moved by Councilman Rebates and seconded by Councilman Lacayo to adopt for a period of 30 days, an UrSsncy OrdinanCe which would paomitvarious signs pertainin2 to real estate on =he public parkways durin2 daylight hours, only. Following a discussion, Councilman Lacayo withdrew his second to the motion. It was moved by Councilman Kanel and seconded by CouncilmanY, anode to instruct the City Staff to study the matter further, takinS into consideration the. manner in which other communities in Orsnee County handle similar problems, with the information to be brought back to the City Council at its next regular meetin~ scheduled to beheld onDecember 13, 1971, The motion was unanimously carried by the following roll call vote: AYES ~ 5 COUNCILMEN: NOES: 0 COUNCIlliEN: ABSENT: 0 COUNCILMEN: Fanel, Fanode, Lacayo, RObsrts and Harvey None None It was moved by Councilman Fanode, seconded by Councilman Fans1 and unanimously carried to consider I~em No. 6 on the agenda at this time.. CONSIDERATION OF REQUEST FOR WALKWAY MaINTENANCE AND CeRRECTION OF A TRAFFIC CONDITION: The City MariaSet presented a report dated November17, 1971, whhi. ch indicated that the City has received.a communication from Mrs. Sylvia Martinez, 4373 Via Majorca, expressing concern over the condition .of the walkway and block wall fence at the southwest corner of the Landell School, and the traffic situation atthe corner of Via Majorca and Avenida Montarey. The report further indicated that the' condition of the walkway and block wall fence. in the area will be brou2ht to the attention of the Public Works Department for remedial action, and the traffic problem should be considered by the Advisory Traffic Committee for further recommendation to the City Council. At tba invitation of Mayor Harvey, Mrs. Sylvia Martinez addressed the City Council stating that she had no further comments re2arding the situation at this time. It was moved by Councilman Fanode, seconded by C0uncllman Rebates and unanimously carried to refer the communication 'to the City Mana~er's office for appropriate action. PUBLIC HEARING RE: CONSIDERATION OF AN AMENDMENT TOTEE ZONINGORDINANCE--ZONE CHANGE'NO;Z-204~ The Mayor announced this wasthe time and plate forthe Public Hearing to consider an.amendment to the Zoning Ordinance No. 90, to change the zone of a certain parcel of land from PD (Planned Development) to R-1 (Single- -7- City Council Minutes November 22, 1971 Family Residential) on property Sanerally located south of Orange, north of Ball, west of Denni Street and east of Via Entrada, initiated by the Planning Commission and known as Zone Change No~ Z-204o The Mayor declared the Public Hearing open, and requested the Staff to present its reports° The City Manager presented a report dated November 17, 1971, which indicated that the affidavits of mailing, posting and publication of the Public Hearing notice are on file in the office of the City Clerk, and that no communications have been received in reference to this matter, The City Manager then read into the record, Planning Staff Report PC#71-223, dated October 1, 1971, w~ich outlined the Planning Commission's recommendation~ There being no one to speak in favor of or in opposition to the zone change, Mayor Harvey declared the Public Hearing closed. It was moved by Councilman Henode, seconded by Councilman Roberrs and unanimously carried to read the following Ordinance by title onlyo Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ZONING ORDINANCE NO. 90 TO CHANGE THE ZONE OF A CERTAIN PARCEL OF LAND FPaM PD (PLANNED DEVELOPMENT) TO R-1 (SINGLE-FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-204. It was moved by Councilman Fanode and seconded by Councilman Fanel to approve the first reading of the Ordinance° The motion was unanimousIF carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Fanode, Lacayo, Roberrs and Harvey None None PUBLIC HEARING RE: CONSIDERATION OF AN APPLICATION FOR AMENDMENT TO THE ZONING ORDINANCE"ZONE CHANGE NO, Z-205: The Mayor announced this was the time and place for the Public Hearing to consider an application for an=amendment to the Zoning Ordinance No. 90, to change the zone of a certain parcel of land from R-3 (Multiple-Family Residential) to R-1 (Single-Family Residential) on property generally located approximately 214 feet south of Faren and east of Walker Street, requested by Proslay Development Company for Sam Smotrich, property owner, known as Zone Change No. Z-205. The Mayor declared the Public Hearing open and requested the Staff to present its reports° The City Manager presented a report dated November 17, 1971 which indicated that the affidavits cf mailing, posting and publication of the Public Hearing notice are on file in the office of the City Clerk, and that nc communications have been received in reference to this matter. He then presented Planning Staff Report PC#71-230, dated October 29, 1971, which described the property in question, and outlined the recommendation of the Planning Commission. Speaking in favor of the request for a zone change were Mrs. Martha Dickinson, 9421 Peach Street, Cypress; the property owner, Mr. Sam Smotrich, 10537 Rochester Avenue, Los Angeles, California; Mr. Tom Willlame, Proslay Development Company, 4600 Campus Drive, Newport Beach, California; and Mr. John C. Gough, 5642 Heron Avenue, Cypress° There being no one to speak in opposition to the request, Mayer Harvey declared the Public Hearing closed~ -g- City Council Minutes November22~ 1971 405 I= was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to read the following Ordinance by title only. Title of Ehe Ordinance is as follows: ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ZONING ORDINANCE NO. 90 TO CHANGE THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-3 e!ULTIPLE-FAMILY RESI- DENTIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL), ZONE CHANGE NO, Z-205. It was moved by Councilman Lacayo and seconded by Councilman Roberrs to approve the first reading of the Ordinance. 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 PUBLIC HEARING RE: CONSIDERATION OF AN AMENDMENT TO THE ZONING ONDINANC. ENO. 90-- ZONE CHANGE Z-106: The Mayor announced this was =he rime and place for the Public Hearing to consider an amendment to the Zoning Ordinance No. 90, to change the zone of a certain parcel of land from Orange County zone classification R-4 to City of Cypress zone classification R-3 (Multiple-Family Residential) on property generally located north of Lincoln Ave., south of De Long Street, was= of Walker and east of Watson Street, initiated by the Cypress Planning Commission, and known as Zone Change No. Z-206. The Mayor declared the Public Hearing open, and requested the Staff Co present its reports, The City Manager presented a report dated November 17, 1971, which indicated the affidavits of mailings posting and publication of the Public Hearing notice are on file in the office of the City Clerk, and that no communications have been received in reference to this matter. He then read into the record, Planning Staff Report PC#71-231, which described the subject and surrounding properties, and outlined the Planning Commission's recommendation. Mr. Fred R. l(oepnick, 17200 Septo, Northridge, California, addressed the City Council requesting a clarification as to the boundaries of the subject property. There being no one to speak in favor of or in opposition to the zone change, the Mayor declared the Public Hearing closed. It was moved by Councilman Fanode, seconded by Councilman Fanel 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 AMENDING ZONING ORDINANCE NO. 90 TO CHANGE THE ZONE OF A CERTAIN PARCEL OF LAND FROM ORANGE COUNTY ZONE CLASSIFI- CATION R-4 TO CITY OF CYPRESS ZONE CLASSIFICATION R-3 (MULTIPLE-FAMILY RESIDENTIAL) ZONE CHANGE NO. Z-206. It was moved by Councilman Fanode and seconded by Councilman Fanel to approve the first reading of the Ordinance. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 1 COUNCILMEN: 0 COUNCILMEN: Fanel, Fanode, Lacayo and Harvey Roberrs None 9 :!~'-~'~'City Council Minutes November 22, 1971 .PUBLIC HEARING RE: CONSI~ERATIONOFABANDO~4ENT NO; 72~1,-TEMPORARYEASEMENT FOR SURFACE DRAINAGE: TheMayor announced this was the time and place for the Public Nearing to consider Abandonment No. 72ol, a temporary easement for surface drainage located easterly of Tract#6878o The Mayor declared the Public Nearing open, and requested the Staff to present its reports° The City Manager presented a report dated November 17, 1971, which indicated the affidavits of posting of the Public Hearing notices are on file in the office of the City Clerk, and no written communications have been received regarding this matter. The Public Works Director then reviewed a report dated November 11, 1971, which stated that the LarwinCompany has paid the required fee and requested vacation of a temporary easement fifteen feet wide which was required with the development of Tract #6877, and which is located adjacent to and easterly of Tract #6878. There being no one to speak in favor of or in opposition to the abandonment, the Mayor declared the Public Hearing closed. It was moved by Councilman Kenode and seconded by Councilman Roberrs to adopt the following Resolution by title only, title as follows: RESOLUTION Nee 1216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING A CERTAIN TEMPORARY EASEMENT FOR SURFACE DRAINAGE LOCATED EASTERLY OF TRACT NO. 6878. 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 PUBLIC HEARING RE: CONSIDERATION OF CITYOF CYPRESS LIGHTING DISTRICT NO. 2: The Mayor announced this was the time and place for the Public Nearing to consider City of Cypress Lighting District Nee 2 - confirming the report of the City Engineer and naming the contractor for improving and serving the street lighting system. The Mayor declared the Public Nearing open, and requested the Staff to present its reports. The City Manager presented a report dated November 17, 1971, which indicated that the affidavits of posting of the notices of the Public Hearing are on file in the office of the City Clerk, and no communications have been received in reference to this matter° The Public Works Director reviewed a report dated November 11, 1971, which advised that two Resolutions have been prepared to accomplish further procedures required under the Street Lighting Act of 1919. There being no one to speak in favor of or in opposition to this item, the Mayor declared the Public Nearing closed° It was moved by Councilman Kenode and seconded by Councilman Xanal to adopt the following Resolution by title only, title as follows: - 10 - City Council Minutes November 22, 19%1 RESOLUTION NO. 1217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY, DATED OCTOBER 25, 1971, PREPARED PURSUANT TO RESOLUTION NO. 1202 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NO. 1205 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE AND ASSESSMENTS CON- TAINED IN SAID REPORT: ORDERING THE INSTALLATION OF THE STREET LIGHTING SYSTEM OF THE CYPRESS NO. 2 LIGHTING DISTRICT; TO- GETHER WITH ANNEXATION NO. 10 AND ANNEXATION NO. 11 ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN RESOLUTION OF INTENTION NO. 1206 AND RESOLUTION NO. 1207 APPOINTING THE TIME AND PLACE FOR HEARINGS, ALL IN ACCORD WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919" The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberts and Harvey None None It was moved by Councilman Kanode and seconded by Councilman Roberts to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1218 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT AND ORDERED TO BE INSTALLED BY RESOLUTION NO. 1205, OF SAID COUNCIL, ALL IN ACCORD WITH AND PURSUANT TO THE PROVISIONS OF DIVISION 14, PANT 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberts and Harvey None None PUBLIC HEARING RE: CONSIDERATION OF A DETAC[~4ENT OF A PORTION OF THE CITY OF BUENA PARK FROM THE CYPRESS RECREATION AND PARK DISTRICT: The Mayor announced this was the time and place for the Public Hearing for the City Council, acting as Ex-Officio Governing Board of the Cypress Recreation and Park District, to consider the detachment of a portion of the City of Buena Park from the Cypress Recreation and Park District. The Mayor declared the Public Hearing open, and requested the Staff to present its reports. The City Manager presented a report dated November 17, 1971, which indicated that the affidavits of posting and publication of the notice of Public Hearing are on file in the office of the City Clerk, and no written communications have been received regarding this matter. The report advised that the area proposed to be detached is a recent annexation to the City of Buena Park which is located on the west side of Knott Avenue, north of Lincoln Avenue, and which is considered as an inhabited detachment. - 11 - There being no one to speak in favor of or in opposition to the subject detachment, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanode and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACTING EX-OFFICIO AS THE GOVERNING BOARD OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, APPROVING THE DETACI~ENT KNOWN AS "DETACH- MENT 8-71" FROM THE CYPRESS RECREATION AND PARK DISTRICT. 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 RECESS: Mayor Harvey declared a recess at 9:24 p.m. The meeting was called to order at 9:32 p.m., with all Councilmen present. CONTINUATION OF CONSIDERATION OF REPORT ON STRAIGHT TALK~ INC: The City Manager reviewed a report dated November 17, 1971, which indicated that the City Council, at its regular meeting of November 8, 1971, requested additional information regard- ing the costs of the lease agreement between the City and Straight Talk, Inc. for the establishment of a youth counseling center. The City Manager then presented a verbal report, outlining the various financial aspects which would be involved. In answer to an inquiry from Councilman Kanel, the City Attorney advised that he should abstain from voting on this item, as he serves on the Board of Directors of the organization. It was accept by the moved by Councilman Kanode and seconded by Mayor Harvey that the City the donation of the building from Shapell Industries. The motion carried following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Kanode, Lacayo, Roberts and Harvey None None Kanel It was moved by Councilman Kanode and seconded by Mayor Harvey that the City Council approve a sub-lease agreement between the City and Straight Talk, Inc., for the use of the building and land, and to authorize the Mayor to sign the agreement and the City Clerk to attest to his signature. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Kanode, Lacayo, Roberts and Harvey None None Kanel It was moved by Councilman Kanode and seconded by Mayor Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE ACCEPTANCE OF THAT CERTAIN GRANT OF INTEREST AND REAL PROPERTY FROM THE CYPRESS ELEMENTARY SCHOOL DISTRICT TO THE CITY OF CYPRESS, DESCRIBED IN THAT CERTAIN LEASE BETWEEN SUCH DISTRICT AND CITY DATED NOVEMBER 22, 1971. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Kanode, Lacayo, Roberts and Harvey None None Kanel - 12 - City Council Minutes November 22, 1971,1~.~ 4,O9 CONSIDERATION OF APPROVAL OF PRELIMINARY PLANS FOR PARK FACILITY LIGHTING: The City Manager reviewed a report dated November 17, 1971, which indicated that the Recreation and Park District has received the preliminary plans prepared by the consulting firm of Jones, Cooper and Associates for the liShting of the Oak Knoll ball diamond and parking lot, security lighting at Texaco/Chestnut Park, and improved lighting of the athletic field at Arnold/Cypress Park. The Recreation and Park Director then introduced Mr~ Fred Cooper, 4253 Panemint Street, Los Angeles, California, who reviewed indetail, the preliminary plans for the lighting proJects~ It was moved by Councilman Kenode and seconded by Councilman Roberrs to approve the preliminary plans for the lighting projects as recon~nended by the Recreation and Park Commission, and that the consulting firm of Jones, Cooper and Associates be authorized to proceed with the working drawings which will be reviewed by the Recreation and Park Commission on December 7tb and presented to the City Council at its regular meeting of December 13, 1971~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Robarts and Harvey None None CONSIDERATION OF PROPOSED FIELD IMPROV~ENTS AT OAK KNOLL PARK~ BY TEE CYPRESS LITTLE LEAGUE: The City Manager presented a report dated November 17, 1971, which advised that the Cypress Recreation and Park Commission, stirs regular meeting of November 9, 1971, considered a request of the Cypress Federal Little League to improve the ball diamond at Oak Knoll Park designated as Diamond No. 2o Outlined in the report, are the improvements which the Commission recommended to the City Council that the Cypress Federal Little League be authorized to install° The Recreation and Park District Director introduced to the City Council, Mr. Frank Clark, president of the Cypress Federal Little League, who displayed several ~enderings depicting the proposed improvements. It was mov~ by Councilman Fanel and seconded by Councilman Fanode to authorize the construction of the improvements proposed by the Cypress Federal Little League, as outlined in the report, and to authorize the preparation of the appropriate documentation to implement this plano The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: Kanel, Fanode, Lacayo, Roberrs and Harvey 0 COUNCILMEN: None 0 COUNCILkENt'None CONSIDERATION OF A PROPOSAL TO CREATE A~ ORANGE COUNTY HOUSING AUTHORITY: For the benefit of the City Council and audience, the City Manager reviewed the discussion which was held during the afternoon session of the City Council, at which time Supervisor Baker presented information regarding the creation of an Orange County Housing Authority. It was moved by Councilman Roberrs and seconded by Councilman Fanode to receive and file this item. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Fanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF AEANDOI, fENT NO o 72.2~ PORTION OF GREGORY STREET DEDICATED AS LOT "B"~ TRACT #5930: The City Manager presented a report dated November 12, 1971, from the Public Works Director, which indicated that the Belvedere Plumbing - 13 - November 22, 1971 Company has paid the requi~ed fee and requested vacation of that portion of Gregory Street which was dedicated to the City of Cypress for street purposes as Lot "B" of Tract #5930. It was move~ by Councilman Kenode and seconded by Councilmen Robert, to adopt the following Resolution by title onlT, title as follows: RESOLUTION NOo 1219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING AND ABANDONING PORTION OF GREGORY STREET PURSUE TO THE PROVISIONS OF CHAPTER 5 (§§ 1930-1934) OF DIVISION 2°5 OF THE STREETS AND HIGHWAYS CODEOF CALIFORNIA. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Robert, and Harvey None None CONSIDERATION OF ABANDOI~4ENT NO. 72,3~ CASA GRANDE STREETI WE~T OF DENNI STREET, SOUTH OF LINCOLN AVENUE: The Public Works Director presented a report dated November 17, 1971, which indicated that the management of the Case Grande Apartments, wast of Denni Street, south of Lincoln Avenue, has paid the required fee and requested vacation of Case Grande Street~ located in the apartment complex. It was moved by Councilman [,anode and seconded by Councilman Robertsto adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF CASA GRANDE CIRCLE LOCATED NORTH OF SURREY DRIVE AND SOUTH OF LINCOLN AVENUEI EXTENDING WESTERLY FROM DENNI STREET AND SUBJECT TO THE RESERVATIONS OF CERTAIN EASE- MENTS; AND ELECTING TO PROCEED UNDER THE STREET VACATION ACT OF 1941, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel. Iranode. Lacayo. Robert, and Harvey None None EXECUTIVE SESSION: It was moved by Councilman Robert,, seconded by Councilman Fanode and unanimously carried to go into anExecutive Session st 10:30 p.mo, to discuss a matter of personnel end litigation. The meeting was called back to order at 11:07 p.m., with all Councilmen present° C~NSIDERATION OF APPROVAL. OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 27919 THROUGH 27929 AND 27991 'I'm~OUGH 28058: It was moved by Councilman Fanode end seconded by Councilman Laceyo to approve the Couznercial Warrant List for Warrants No~ 27919 through 27929 and 27991 through 28058 in the total amount of $22~542.86. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Kenode. Lacayo. Robert, and Harvey None None - 14 - City Council Minutes November 22, 1971 411 ORAL COMMUNICATIONS: There ware no oral communications presented at this time. At the request of the City Attorney, it was moved by Counctlman Kanode, seconded by COuncilman Roberrs and unanimously carried to place on the agenda for consideration at this time, an item pertaining to the regulation of massage parlor operations in the City of Cypress. It was. moved by Councilman Eanode, seconded by Councilman Kanel and unanimously carried to authorize the filing of any and all legal actions necessaryto bring massage parlor operations in the City within the provisions of the City Code and State lawo ADJOUPa~4ENT: It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to adjourn at 11:13 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OFCYPRESS - 15 -