Loading...
Minutes 64-10-261.93 INDEXEII MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD October 26, 1964 The Cypress City Council held a regular meeting on October 26, 1964, in tile City Council Chambers, 9471 South Walker Street~ Cypress, California~ at 7:30 p.m., Mayor Frank P. Noe presiding. PRESENT: Gorzeman~ ~cCarney, Wright~ and Noe ABSENT: Kanel Also present were City Manager/City Clerk Darrell Essex; City Attorney H. Rodger Howell; Secretary of the Planning Commission Dartell Dalton; Police Chief O. C. Foster; and Building Superintendent Thomas Nudson. MINUTES: It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the minutes of the September 28, 1964, meeting be approved as mailed with the insertion of the word "suits" on Page 9, the next to the last paragraph, fol- lowing the word "law", It was further moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the minutes of the meeting of October 13, 1964, be approved as mailed, COUNCILMAN KANEL ARRIVED AT 7:32 P.M. AND TOOK tIIS CIIAIR ON TItE PODIUM. ORAL qOMMUNICATIONS: Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, requesting that the City Council remove members of the Planning Commission from the Civic Center Development Committee due to the fact that the Planning Comxnissioners are already City officials and will have an opportunity to review the Master Plan in that capacity. The City Manager explained that the studies to be undertaken by the Civic Center Development Committee are not the same that are required of the Planning Commission in a Master Plan review. Mayor Noe stated that both the members of the Planning Commission and other persons serving on the Civic Center Development Committee are working for the same purpose. Councilman Kanel indicated that he was surprised when all of the Planning Commissioners were appointed to the Civic Center Committee, and further requested that an opinion be expressed by the Planning Commissioners in attendance concerning their membership on the Civic Center Committee. At the request of Councilman Kanel, Mr. Robert Doerr, 5207 Cumberland Drive, Cypress, addressed the Council, stating that he was willing to serve and would attempt to do the best job possible since he was appointed as a member 6f_the Committee, However~ he felt that there were other citizens in the City who would also be capable of serving on this Committee without requiring the appointment of the Planning Commissioners, Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the Council, stating that it was his understanding that the Plan~ing Commissioners were advisory~ and were not to be official members of the Committee. Mayor Noe reviewed the method of appointment of the members of the Civic Center Committee, stating that the original action of the Council was to have only a 15-man lay committee; however~ after further discussion, one of the Council members had suggested the possibility of having 20 or more individuals on the Committee. Mayor Noe stated that many of the names submitted to him by the Councilmen for consideration as ~$~bers to the Civic Center Committee were names of individuals serving on the Planning Commission, and for these teaeerie the members of the Planning Commission were included as official members of the Civic Center Committee. October 26, 1964 t94 Mr, Louis Burg~ Attorney from Los An~es~ addressed the Council, stating that he represents a number of residents of the City of Cypress from Tract No. 4966. Mr. Burg stated that he would like to go on record in asking the cooperation of the City Council in resolving the many problems encountered by the homeowners in Tract No. 4966. Mrs. Patricia Munn~ 10563 Jill Street~ Cypress, addressed the Council~ stating that when the developer of the subject tract found out that a number of the residents were going to attend the City Council meeting to ask for assistance, the developer in turn called a meeting at the same time to discuss correcting of the problems on the homes. Hr. Farnk Visca addressed the Council, stating that he would like an answer to his request concerning removing the Planniag Commissioners from the Civic Center Development Committee. A motion was made by Councilman McCarney and seconded by Councilman Wright, that the membership of the Civic Center Development Committee remain as originally appointed. Prior to voting on=this motion discussion was held. Councilman Gorzeman inquired of the City Manager if there was any conflict between the Planning Commissioners and the other Committee members at the first meeting of the Civic Center Develepment Committee. The City Manager stated that the only conflict was e question raised by Mr. Visca concerning whether a member of the Planning Commission should hold an office on the Civic Center Committee. The City Manager further stated that he was unaware of any conflict which existed on the Civic Cdnter Committee and that in his opinion the Planning Commission members could serve on the Committee without conflicting with their official duties as Planning Commissioners, Councilman Kanel staged that he would agree witb Mr. Visca on certain aspects of his remarks, and that after considering this matter, he feels that perhaps only one or two of the Planning Commissioners should serve on the Civic Center Committee, The following roll call vote was taken on Councilman McCarney's motion that the Civic Center Committee remain as originally appointed. AYES: 4 COUNCIL~N: NOES: 1 COUNC!L~N: ABSENT: ~ COUNCILMEN: Gorzeman+ McCarney, Wright, and Noe Kanel None Mr. Louis Burg, Attorney representing the homeowners in Tract No. 4966, addressed the Council, asking that Item No. 19 on the agenda be considered at this time. The City Council agreed to grant the request of Mr. Burg. ~DD~TIONAL BUILDING INSPECTIO~SI yRACZ pg... 4.~661CpORDINAT~D SERVICE: A report dated October 22, 1964, was presented from the City Manager, stating that the City has received numerous complaints from the new homeowners in Tract No. 4966 located on the south side of Cerritos westerly of Knott Avenue. The complaints have included delays in home occupancy, delays in completing escrow, requirem~ats for rental payments, and reluctance to correct deficiencies noted at the time of the original homeowner inspection. Although the City is directly involved in only the enforcement of the Building Code and the guarantee that the public improvements will be installed in accordance with the final tract map, a meeting was called by the City for the homeowners to discuss these problems with representatives from the various agencies involved in the complaints. Due to the number of complaints the Building Superintendent has been instructed to proceed with a door-to-door inspection program in the subject tract in an effort to determime the number of complaints which are the responsibility of the City an~ to make every effort to correct those items which:are found to be violations of the Building Code. The City Manager read in full a communication dated October 19, 1964, from Mr. Theordore C. Bentley, President of Coordinated Serive, ~hich basically expressed dissatisfaction that the City had become involved in the problems of the homeowners in Tract No. 4966. Councilman Kanel stated that he would like to hear some of the complaints f~om the homeowners in the audience. October 2~, 1964 Mrs. Genevieve Neubauer, 6812 Jonathan, Cypress, addressed the Conncil, outlining the problem in her home of getting a faulty ceiling repaired. Mr. Flandery, Ritter Avenue, addressed the Council concerning the poor condition of the floors in his h6me. Mrs. Patricia Munn, 10563 Jill Street, Cypress, addressed the Council concerning the condition of the floors in her~ home and concerning the practices of the contractor concerning thc grading of the yards. Mrs. Genevieve Neubaur again addressed the Council, requesting that the Building Department have more building inspections in this tract since there have been problems, even if it means bringing in additional Building Inspectors. Councilman Gorzeman inquired of the City Attorney concerning the extent that the City can become involved in this matter. The City Attorney advised that the City can initiate proceedings against the developer for violations of the Building Code. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Gorzeman, to form a Committee of two City Councilmen~ the City Manager~ City Attorney, Building Superintendent, and the Pt~blic Works Director to meet with the developer of Tract No. 4966 in an attempt to resolve the problems of the homeowners in this tract. Prior to voting on this moti~ Mr. Louis Burg, Attorney fo~ the homeowners, addressed the Council, asking if he could be included on this Committee. The City Attorney suggested that the same results could be obtained by having Mr. Burg in attendance at these m~etings without him holding an official position on the Committee. blr. Burg again addressed the iCouncil, asking if one or more of the homeowners could be included on the proposed Committee. Mayor Noe called for a vote on Councilman Kanel's motion to formaa Committee made up of two City Councilmen, the City Manager, City Attorney~ Building Superinten- dent, and the Public Works Director, The motion was unanimously carried, and Mayor Noe appointed Councilmen Wright and Kanel to serve on this Committee. Mrs. Patricia Munn again addressed the Council, outlining the experience she and her husband had in dealing with the President of Coordinated Service with reference to their home. In answer to another request from Mr. Burg to allow the homeowners to become part of the Committee, the City Attorney suggested that the homeowners appoint a committee of approximately five members to work with the City's investigating committee. ~{rs. Neubaur addressed the Council, stating that she feels there would be no ham in people from the tract sitting on this committee. Mr. Louis Burg addressed the Council, stating that the City Attorney's suggestion concerning a Committee of Homeowners to work with the City~s Committee would be acceptable to him, subject to the matter bing reopened if satisfactory results are not obtained. Councilman Kanel assured Mr. Burg that the City's Committee desired to confer with the home owners concerning this matter. Councilman Wright requested the homeowners in the subject tract to submit a list to the City of the corrections that need to be made to their homes. The City Manager advised the Council that a report would be submitted at the City Council meeting of November 9th setting forth the results of the Building Department's inspection of the subject homes, and possibly the results of the Investigating Committee's meetin gs. October 26, 1964 PUBLIC HEARING RE: ZONE CHANGE NO. Z-114 ~CITY OF CYPRESS - AMENDED): The Mayor announced this was the time and place to consider an application for amendment to the Zoning Ordinance to change the zone from R-1 (One-family Residential) to C-1 (Neighborhood Stores) or C-2 (General Commercial) on property generally located at the northwest corner of Walker and Cerritos, initiated by the City of Cypress, known as Zone Change No. Z-114 (Amended). The City Manager informed the Council that the Planning Commission had recommended C-2 zoning on the subject parcel. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed use. Mr. Leonard Gerkin, representing the Larwin Company, addressed the Council, speaking in favor of the C-2 zoning. There being no written communications and no oral protests, the Mayor declared the public hearing closed. Discussion was held among the members of the Council concerning traffic congestion problems in the subject location. The City Manager recommended that the Council pass the first reading of an Ordinance changing the Zone, and continue the second reading of the Ordinance until such time as the landscaping plans are approved by the staff and the traffic problem is solved. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHkNGING THE ZONE ON A CERTAIN PARCEL OF LAND WITHIN THE CITY FROM R-1 (ONE-FAMILY RESIDENTIAL) --~ TO C-2 (GENERAL COMMERCIAL) ZONE ~tANGE NO. Z-114 (CITY OF CYPRESS) It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, this Ordinance pass its first reading, and the property owner of the subject area be notified that the second reading will not be held until the landscaping plan is approved by the staff and the traffic problem is solved. TIle following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None AWARD OF BID FOR STREET WIDENING AND STORM DRAIN CONSTRUCTION AT VALLEY VIEW AND CERRITOS: A report dated October 19, 1964, was presented from the City Engineer stating that bids for the street widening and storm drain construction at Valley View and Cerritos Avenue were opened at 10:00 a.m. on October 9, 1964. The following bids were received. NAME OF BIDDER TfrFAL BID Sully-Miller Contracting Company Long Beach, California $ 14,200.00 Griffith Company Los Angeles, California $ 13,455,00 It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to accept the bid from the Griffith Company, 611 South Shatto Place, Los Angeles, as the lowest:~-,~d best bid, and authorize the Mayor to sign and City Clerk to attest tile contract for street widening and storm drain construction at Valley View and Cerritos to the Griffith Company. TIle following roll call vote was taken: AYES: 5 -COUNCILMEN: NOES: 0 COUNCILME~: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, '~cCarney, Wright, and Noe None None October 26, 1964 AWARD OF BID FOR PURCHASE OF TWO POLICE VEHICLES: A report dated October 21, 1964, was presented from the City Manager, stating that Bids were opened by the City Clerk to two Police Vehicles on Monday, October 19, 1964, at 10:00 a.m. The following bids were received: N.AME OF BIDDER ~IcPeek Plymouth Center, Inc. 1200 South Anaheim Blvd. Anaheim, California MAKE OF VEHICLE TOTAL BID Plymouth $ 4,848.48 Newcastle Dodge 505 Pacific Coast tlighway Hermosa Beach, California Dodge 4,830.56 Brookhurst Dodge 10151 Garden Grove Blvd. Garden Grove, California Dodge 4,917.12 Cal Worthington Dodge 2771E. Slauson Avenue Huntington Park, California Dodge 5.057.30 The bid submitted from McPeek Plymouth Center was the only bid received that did not request an exception f6r the ll9-inch wheel base requested in the specifications. The Police Chief reconmends that the City maintain the llg-inch wheel base for the Police vehicles. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unani- mously carried, to accept the bid from McPeek Plymouth Center, Inc. as the lowest and best bid and authorize the awarding of the contract for the purchase of two Police Vehicels to McPeek Plymouth Center, 1200 South Anaheim Boulevard, Anaheim, California. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCIL~rEN: ABSENT: 0 COUNCILMEN: Oorzeman, Kanel,.McCarney, Wright, and Noe None None A!~ARD OF BID FOR CONSTRUCTION OF 61000 SQUARE FOOT PUBLIC LIBRARY BUILDING: A report dated October 22, 1964, was presented from the City Manager, stating that bids for the proposed branch library construction at the southwest corner of Moody and Myra were opened by the City Clerk at the City Hall on Wednesday, October 21, 1964, at 10:00 a.m. The following is a s~Lmary of the bids submitted. NAME OF BIDDER BID BAqIC ADD FOR 1-hr BOND BID FIREPROFFING ALTEKNATE "~' ADD FOR COMPLETION BOND ALTERNATE "B" Barrett, James J. 5% $ 79,500.00 $ 3,000.00 $ 795.00 Barrington, J.E. 10% 71,973.00 1,200.00 720.00 Crosby Construction Co. 10% 70,900.00 1,050,00 700.00 Grandy, E.F. 10% 75,000.00 1,297.00 755.00 Hann Construction Co. 10% 78,869.00 3,B89.00 750.00 Honer, Allison Co. 10% 71,369.00 889.00 540.00 Peluso, Joseph J. 10% 64,464.00 985.00 600.00 Secof Construction Co. 10% 77,175.00 910.00 583.00 October 26, 1964 I f The bid proposals, as summarized, include the complete construction of the branch library as approved by the Orange County Board of Supervisors and the City Council with the exception of three items which were inadvertently omitted from the specifications, which will have to be added as an addendum to the contract, and the purcbase of the required carpeting. The apparent lowest and best bid was submitted by Joseph J. Peluso Building Constructors, and Mr. Peluso has indicated that $173.00 would be required for the addendum indicated above. TIle City Hanager stated that Architect Donald Porker has indicated that Joseph J. Peluso Building Constructors is a qualified contractor and capable of completing the work. In asnwer to an inquiry by Councilman Kanel, both Mr. Donald Porker, Architect, and the City Attorney recommended that Alternate B be included, which is for a completion bond. Hr. Harry Uelcher, 5232 Marcella Avenue, Cypress, addressed the Council, asking if the City has any plans for erecting a Public Health Center, as well as a library. The City Attorney advised Mr. Melcher that the County operates the Health Department. The Council requested ~r. "~elcher to bring this question up at the end of the meetinR. It ~as moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to accept the low bid from Joseph J, Peluso Building Constructors, 215 Hiverside Avenue, Newport Beach, California, in the total amount of $66,222.00, and authorize the award of the contract to Joseph J. Peluso for this amount, which includes the basic bid, Alternates A and B, and the Addendum for the three items omitted from the specifications. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None N~e Mr. Donald Forker, Architect, addressed the Council, indicating that the construction of the library should be completed by the middle of March, 1965. COMMUNICATION FROM NATIONAL MUNICIPAL LEAGUE RE: ANNUAL CONFERENCE IN SAN FRANCISCO: The City Manager presented a communication dated September 21, 1964, from the National Municipal League inviting the Mayor and City Council to attend the 70th National Conference on Government in San Francisco from November 18-21, 1964. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, this communication be received and filed. C.OMMUNICATION FROM MR. AND MRS. GAIL GILLBREA~t~ CYPRESSt RE: APPRECIATION TO CYPRESS FIRE DEP~R~MENT: The City Manager presented a conmunication dated October 1, 1964, from Mr. and Mrs. Gail Gillbreath, 9081.Holder Street, Cypress, expressing appre- ciation for the service of the Cypress Fire Department, It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carrted, this communication be received and filed, with a photocopy sent to the Chief of the Volunteer Fire Department. QOMMUNICATIONS FROM ORANGE COUNTY WATER DISTRICT AND FROM CITY OF FOUNTAIN VALLEY RE:. SpF~RT OF SENATE BILL ~O. 3104 AND HOUSE BILLS NOS, 12335 AND .12332: The City Manager presented communications from the Orange County Water District and from the City of Fountain Valley urging support of Senate Bill No. 3104 introduced by Senators Kuchel and Salinger and Ho~se of Representatives Bills Nos. 12332 and 12335 introduced by Representatives Hanna and Utt, which are identical with Seante Bill No. 3104. The subject of these bills is to protect the current source of water from the Colorado River and authorize further investigations into sources of water in the Pacific Northwest to insure the future economic growth for this area. October 26, 1964 It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, the following Resolut ion be adopted, title as follows: RESOLUTION NO. 523 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENDORSING S. 3104J H.R. 12332j tt. R. 12335 ~ AUTHORIZING INVESTIGATIONS AND REPORTS ON THE WATER RESOURCES AND REQUIREMENTS OF THE COLORADO RIVER BASIN. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman~ Kanel, McCarney~ Wright~ and Noe None None qOMMUNICATION FROM INTE[NATIONAL CONFERENCE OF BUILDING OFFICIALS RE: APPRECIATION TO CIFy F.~R ~.UILDING SUPE.RI~TENDENT ATTENDING I.CBO BUSINESS MEETINg: The City Manager presented a communication dated October 8, 1964J from the International Conference of Building Officials expressing their appreciation to the City Council for permitting Building Superintendent Thomas Mudson to attend the 42nd Annual Business meeting. It was moved by Councilman McCarney, seconded by Councilman Wright~ and unanimously carried, this communication be received and filed. COMMljNICATIO~S FROM STATE SENATOR MURDY AND CITIES OF WESTMINSTER AND STANTON RE: PROPOSITIONS "A" .AND "B" .ON THE NOVEMBER BALLOT: The City Manager presented communications from Senator John A. Murdy, Jr., who is Chairman of the Citizens Committee for Yes Vote on Propositions A and B, and from the Cities of Westminster and Stanton, all requesting the support of the City Council inendorsing Propositions A and B on the November ballot. These propositions provide for security Jail and law enforcement facilities and County Courthouse and branch courts in Orange County. It was moved by Councilman Gorzema~, seconded by Councilman Kanel, and unanimously carried, the E611owing Resolution be adopted, title as follows: RESOLUTION NO. 524 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING SUPPORT OF COUNTY PROPOSITIONS A AND B APPEARING ON THE NOVEMBER 3RD BALLOT. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzema~, Kanel, McCarney, Wright~ and Noe None None qOMMUNICATION FROM DUANE WINTERS~ ORANGE COUNTY CHAIRMAN FOR CALIFORNIA WORLD'S FAIR! RE: WO~LD'S FAIR PROJECT: The City Manager presented a communication dated October 16, 1964, from Mr. Duane Winters~ Orange COunty Committee Chairman for the California World's Fair, transmitting information provided at the various meetings which have been held in reference to locating the California World's Fair in Orange County, and a sample resolution supporting the location of the World's Fair in Orange Countyj requesting that the Orange County Board of Supervisors be the responsible public agency to negotiate agreements with the Fair Cormnit tee. Mr. Loren W. McCannon, Administrative Vice President of the California World's Fair, addressed the Council, concerning the possiblity of Orange County being selected for location of the 1967-68 California World's Fair, Mr. McCannon outlined the various actions taken and the Committees formed concerning this matter. Councilman Kanel, who is a member of the Site Selection Cormnittee, recommended that the Council adopt the resolution transmitted to the City by Mr,'Duane Winters. October 26, 1964 It was moved by Councilman Kanel~ seconded by Councilman YcCarney~ and unanimously carried, the following Resolution be adopted, title as follows; with a nopy forwarded to the Orange County Board of Supervisors. RESOLUTION NO. 525 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE LOCATION OF THE WORLD'S FAIR IN ORANGE COUNTY AND REQUESTING THE BOARD OF SUPERVISORS TO BE THE. RESPONSIBLE PUBLIC AGENCY TO NEGOTIATE AGREEMENTS WITH THE FAIR CO~E4ITTEE. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright~ and Not None None COFD~NICATION FROM NAVY LEAGUE OF TltE UNITED STATESI ORANGE COUNTY COUNCIL! REQUESTING PROCLAMATION OF OCTOBER 27TH AS NAVY DAY: The City Manager presented a communication from Mr. Robert Coop, representing the Navy League of the United States, Orange County Council, requesting that the Mayor proclai~ October 27th as Navy Day. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to grant this request. Mayor Noe proclaimed October 27th as Navy Day in the City of Cypress. REIMBURSEMENT AGREEMENT FOR ROSE ANN CIRCLE IN TRACT NO. 4752: The City Manager stated that the City Attorney had requested that consideration of this Agreement be continued until the next City Council meeting. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to. continue consideration of this Reimbursement Agreement until the regular meeting of November 9, 1964. Sb~LL SUBDIVISION PERMIT NO. 7~ PRESTON K. ALLEN: The City Manager presented Small Subdivision Permit No. 7, located at the northeast corner of Orange and Valley View, 1.3 gross acres into two parcels, as requested by Preston K. Allen, 2704 West Ball Road, Anahei~. Also presented was a report dated October 22, 1964, from the City Manager reviewinR the drainage problems in the area~ and recommending an amendment to Condition No. 4 as recommended by the Planning Commission. ?.1r. Preston K. Allen, applicant, addressed the Council, asking for a clarification of the amendment to Condition No. 4. FollowinF~ an explanation of the staff's recommendation on Condition No. 4 by the City Hanager, Mr. Dick Ludlow, reDresenting Shell f)il Company and the applicant, addressed the Council, stating that this condition as amended was acceptable. It was moved by Councilman Wright, seconded by Councilman Corzeman, and unanimously carried, to approve Small Subdivision Permit No. 7 subject to the following conditions: 1. That a record of survey map be recorded at the County Ilecorder's Office. 2. That the deed dedicating the area proposed for street widening on Valley View, orange Avenue, and the alley on the north of the property be given to the City before the map is recorded. 3. That all drainage fees be paid and all drainage be provided to the satisfaction of the City Engineer, 4. That the applicant deposit with the City the following: A cash deposit of $3,000.00 to pay for the cost of reconstruction of Orange Avenue at tbe time the Larwin Company proceeds with their development, am b. A bond in the amount of $7,150.00 guaranteeing installation of curb, gutter, and sidewalk on Orange Avenue adjacent to Parcel No. 2. c. A bond in the amount of $800.00 to guarantee installation of curb, gutter~ and sidewalk on Orange Avenue adjacent to Parcel No. 1. October 26, 1964 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCIL~EN: ABSENT: 0 COUNCILMEN: Corzeman, Kanel, McCarney, Wright, and Noe None None FINAL TRACT ~P NOv 56~51 MOON HOMESI INC.: The City Manager presented Final Tract Map No. 5685, located north of Carbon Creek Channel, south of Ball Road, between Moody and Denni Streets, 69 Planned Development lots and 6 common area plots, 6.938 acres, as requested by Moon tlomes, Inc., 8670 Wilshire Blvd., Beverly Hills, California. A report dated October 221 1964, was presented from tile City Manager, stating tbat the final map does contain variations which should be brought to the attention of the City Council in order to determine that the final map does comply with the conditions established on the Tentative Tract Map. Changes include the rearrangement of the condominium units in the area and that alleys entering and circling through the tract areas be dedicated as public alleys rather tban private alleys. The Staff has approved these changes provided that proper curbs and gutters are installed in all areas not adjacent to the carports, and further that adequate turn-around areas are provided in the alleys which do not have complete circulation patterns. These conditions have been accepted by the applicant and are indicated on the final map. The City Manager's report further indicated that one condition of the Tentative Tract ~!ap was that water be provided by the City of Cypress unless the Water Ordinance is repealed. The repeal of this ()rdinance is now pending the execution of the Memorandum of Understanding and Drainage District 2-A Agreement with the Larwin Company. Discussion was held concerning the changes requested on this map and concerning the sewerage plan for the subject area. Mr. Leonard Gerkin, representing Moon Homes, Inc., addressed the Council, stating that he would like to have the map approved with signing of the record r,'.al~ hel~i until receipt of the signed Agreements with the Larwin Company. Councilman Gorzeman requested the City Manager's recormmendation on this matter. The City Manager advised that he would recommend approving the Final ~ap and authorizing the City Clerk to sign the record map upon receipt of the executed Memorandum of Understanding and the Drainage District 2-A Agreement. The City Attorney stated that such an action would be acceptable since the above-mentioned agreements bave been approved by the Council and are just in the process of being executed, a~d further that the Developer consents to delaying the signing of the record lna? until the executed agreen~ents !lave been su!~n!itted to the f'ity by the La~in ComDanv. ~Ir. Leonard Cerkin, representin~ the applicant, again addressed the Council, stating that his company is willing to accept the conditions as outlined by the City ~Yanager and City Attorney. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve Final Tract ~Iap No. 5685, accept the bonds and agreements for public improvements, authorize the Mayor and City Clerk to execute the Agreements, and authorize the City Clerk to sign the record map upon receipt of the executed ~emorandum of Understanding and the Drainage District 2-A Agreement from the Larwin Company. The following roll c~ll vote was taken: AYES: 5 CO~CIL~EN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman~ Kanel, McCarney, Wright, and Noe None None EXECUTION OF ORAN~ COUNTY .FL.OpD CO~TRp. L DISTRICT PERMIT RK: ~LLEY VIEW A~D CE~BI%gS D~ROVEMENT: The City Manager presented a report from the City Engineer dated October 26, 1964, stating that plans for the intersection widening of Valley View and Cerritos include the relocatton of existing flood control structures belonging to the Orange County Flood Control District. In order for the City to proceed with this relocation, it is necessary to obtain a permit from the wlood Control District. October 26, 1964 It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to authorize the Mayor to execute the required permit on behalf of the City of Cypress. AMEN,Db~NT TO CITY OF 9YPR~.S~ .~UILDING CODE CONCER~INp ..SROWE.R I.~A~S AN~. WALLS SURROUNdinG BATH TUBS: A report was presented from the Building Superintendent recommending an amendment to the Cypress Building Code by adding Section 1714 to regulate and control all wall covering and application of same for shower and bath tub areas. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried~ the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 126, AN ORDINANCE ADOPTING THE UNIFORM BUILDING CODE, 1961 EDITION, BY ADDING THERETO, SECTION 1714 WHICH RELATES TO SHOWER WALLS AND WALLS SURROUNDING BATH TUBS, AND MATERIALS AND APPLICATION. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILb~N: ABSENT: 0 COUNCIL~N: Gorzeman, Kanel, McCarney~ Wright, and Noe None None ACCEPTANCE OF ROAD EASEmeNT FROM S~T~RN CALIFpRNIA EDISp~ CO~ANT~ BALL AND VALLEY VIEW: A report dated October 21, 1964, was presented from the City Manager, stating ~hat the City has received a deed from the Southern California Edison Company for the widening of Ball Road along the north side easterly of Valley View adjacent to the proposed Edison Company Substation. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to accept the deed from the Southern California Edison Company and authorize the City Clerk to submit the deed to the County for recordation. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIL~N: Gorzeman, Kanel, McCarney, Wright, and Noe None None AGREEMENT WI%!~..C~PR~-COUNTY WATER DISTRICT FOR RENTAL OF WAT,E? DISTRICT FACILITIES EO.~ C.I,TY COUNCIL AND P~ANNING COMMISSION MEETINGS: A report dated October 21, 1964 was presented from the City Manager, stating that the City has received a proposed agreement between the Cypress-County Water District and the City for the month-to-month rental of the Water District facilities for the City Council and Planning Commission meetings. The Agreement provides for a month-to-month rental terminated by either party with 30-days notice, commencin~ November 1, 1964~ and provides for the City to pay the Cypress-County Water District the sum of $50.00 per calendar month. Discussion was held concerning the length of time before the new remodeled Council Chambers located on the Civic Center site will be ready for occupancy. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried to approve the Agreement with the Cypress-County Water District as submitted and authorize the ~layor to sign and City Clerk to attest the rental Agreement, and further authorize the City Manager to notify the Cypress-County Water District of its intention to terminate the lease at such time as the City Manager is able to determine the date of completion of the remodeled civid center site facilites. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, IJright, and Noe None None October 26, 1964 CYPreSS PARK AND RECREATION DISTRICT BO~D IS.SUE PROppSAL~ PBOPpSITION ."L": A report dated October 22, 1964, was presented from the City Manager setting forth a surmmary of discussions between the Park District Manager and the City Manager retarding information requested at the September 28th City Council meeting concerning the Bond Issue Proposal known as Proposition "E". The City Manager recommended that the passage of this bond issue appears to be one method of providing the needed park and recreation areas which will be more difficult to acquire as the City develops. Following brief discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to support the Cypress Park and Recreation District Proposition "L" on the November 3rd Ballot and urge the citizens of Cypress to vote "Yes" on this measure. The following roll call vote was taken: AYES: 5 COUNCIL~EN: NOES: 0 COUNCILStEN: ABSENT: 0 COUNCILMEN: Gorzeman~ Kanel, McCarney, Wright, and Noe None None Mr. Wayne Worley, 6412 Orange Avenue, Cypress, addressed the Council, asking what the boundaries of the Park District are in the vicinity of his residence. The staff advised ~Yr. Worley that Juanira is the eastern boundary of tile Park District. COOPEP~TION WITH CYPRESS ~.~.EMENTARY .S.C.I!OOL DISTRIC. T: A report dated october 22, 1964, was presented from the City Manager, stating that he had artended the October 21st meeting of the Cypress Elementary School District Board of Trustees in reference to the payment of drainage fees by the School District to the various drainage areas in which proposed schools are to be developed. The Board of Trustees, in discussion of this matter, indicatel: that cooperation ~,as vital in providing a well-coordinated program of both City and school development within the community, and the Board tabled any action on this matter in order to receive an expression from the City Council of City-School cooperation. Councilman Kanel stated that he feels that the City has always cooperated in every way with the School District. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to instruct the City Manager to notify the Cypress Elementary School District Board of Trustees that the Cypress City Council is willing~ work with the School District in every way possible to promete the continued good relatfons]~ips to tile best interests of the entire community. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILb~EN: Gorzeman, Kanel, McCarney, Wright, None None and Noe QUARTERLY STATEmeNT OF RECEI~X~..AN.D DI.SBpRSE~.~NTS: A report dated October 21, 1964, was presented from the City Manager, transmitting the first quarterly Report of Receipts and Disbursements for the 1964-65 fiscal year, said quarter ending on September 30, 1964. The City Manager reported that revenues are below budget estimates due to the slow-down in building activity which has occurred during the first quarter of the fiscal year, while expenditures are in line with budget appropriations. Councilman Gorzeman inquired concerning the reason for the slow-down in building activity. The City Manager stated that the major reasons for this slow-down have been the problems in Drainage District 2-A and the fact that several of the condominium developments have not proceeded as scheduled. It was moved by Councilman Gorzeman~ seconded by Councilman McCarney, and unanimously carried, the Quarterly Statement of Receipts and Disbursements be received and filed. MONTHLY ACTIVITY REPORT FOR SEPTEMBER 1.964: It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried~ the Monthly Activity Report for September, 1964, be received and filed. Discussion was held concerning varions portions of the Police Department report of activities. October 26, 1964 d(J4 ORDINANCE AMENDING ORD.INANCE NO. 12~.. ~E.:....P~RKING LOT PAV.ING: The City Manager presented an Ordinance which had its first reading at the September 28th City Council Meeting~ said Ordinance relating to Requirements for Automobile Parking Areas and Appurtenances thereto. Mr. Robert Kay, representing the Robert U. Grant Company, addressed the Council, protesting the passage of this Ordinance, stating that he feels his Company is capable of designing their commercial parking lots, and further that he feels such an Ordinance is an invasion of private rights. Discussion was held concerning the need for this Ordinance, The City Manager suggested continuing the second reading to allow the staff to make a survey of other surrounding con~unities to determine how many cities have such an Ordinance, and the various problems encountered, etC. Councilman Wright requested the staff to determine if other Cities control driveways and approaches to garages in their Ordinances. Following further discussion, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to continue the second reading of this Ordinance until a ~urvey can be made of surrounding Communities concerning Pa~king Lot Requirements and Private Driveways. RESOLUTION ALLOWING CLAIMS. AND. DEMANDS NOS... 9863. ~I~RU 9910 ~PAYR.OLL): It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 526 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DE~NDS NOSo 9863 THRU 9910 The following roll call vote was taken: AYES: 5 COUNCILMEN: Oorzeman, Kanel, McCarney, ~right, and Noe NOES: 0 COI~CIL~N: None ABSENT: 0 COUNCIL~N: None RESOLUTION ALLOWIN(~ CL~I~4S. AND DE~NDS NOS. 9913 THKU 9961 ~PAYROLL): It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 527 A RESOLUTION OF TIlE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 9913 THRU 9961 The following roll call vote was taken: AYES: 5 COUNCIL~N: Gorzeman, Kanel, McCarney, Wright~ and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None RESOLUTION ~LLOW!~G CLAIMS AND DEMANDS. ~qS... 9~61, 9862, 9.911, ~..~9.~2. THRU 10.0.30 .~OMME~CIA~ ~ARRANTS~: It was moved by Councilman McCarney, seconded by Councilman Gorzeman~ and unanimously carried, the following Resolution be adotped, title as follows: RESOLUTION NO. 528 A RESOLUTION OF TIlE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 9861, 9862, 9911, 9912, AND 9962 THRU 10030 The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman~ Kanel~ McCarney, Wright, and Noe NOES: 0 COUNCILMZN: None ABSENT: 0 COUNCILMEN: None October 26, 1964 i 05 ESCROW PAPERS FOR SALE O.E WATEB. ~ROPERTY TO SOUTHERN CALIFORNIA WATER Cp~ANY: The City Attorney stated that he has received from the attorneys for the Southern California Water Company the proposed escrow between the City of Cyrpess and the Water Company for the sale of the City-owned property on Valley View, which is the site of the City water well. The City Attorney sta~ed that the escrow papers are in order and recommended their approval. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to approve the escrow papers and authorize the proper City officials to sign said documents. The following roll ~ll vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel~ McCarney, Wright, and Noe None None qP~I.N.ANCE REQUIRING PERMIT FOR ~y~ ~NT~RFAINMENT: The City Attorney stated that at the request of the City staff he has prepared an Ordinance controlling various forms of llve entertainment in the City. The City Attorney reviewed each section of the proposed Ordinance. Councilman Gorzeman inquired if problems had come up which made it necessary to initiate this Ordinance. Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed the Council, stating that he would ~ke the Councilmen to visit some of the places of entertainment in the City to witness the disgusting activites. Following discussion, it was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the following Ordinance be read by title only, title as follows:' ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUIRING PERMITS FOR LIVE ENTERTAINEMNT, PRESCRIBING THE PROCEDURE FOR THE ISSUANCE OF PERMITS AND I~]POSING PENALTIES FOR VIOLATIONS. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCIL~N: ABSENT: 0 COUNCIL~IN: Gorzeman~ Kanel, McCarney, Wright~ None None and Noe STATUS OF LAW SUIT FOR DELINQUENT BUSINESS LICENSES: Councilman Wright inquired if the City Attorney had a report on the status of the la~ suit for the delinquent business licenses. The City Attorney advised that a report indicating the status of each case would be mailed to the City Council prior to the next City Council meeting. STATUS OF ACTION ON USE VARIANCE NO. U. V. 117: The City Attorney advised that the first bearing against Mr. A. G. Garcia's Fertilizer Plant had been held in the courts on October 23rd, and that a number of defenses are being raised by ~Ir. Carcia. He stated that in the preliminary hearings the mudge has generally ruled in favor of the City. A final decision has not been reached because Mr. Garcia has been given an opportunity to file an amended answer. The City Attorney further stated that a temporary restaining order had been served upon Mr. Carcia concerning the impor- tation of any new material on his fertilizer plant, and that it had been reported that he had violated this restraining order. This has also been set for court hearing. Councilman Kanel stated that at the last City Council meeting he had requested that Nr. Garcia be deleted from membership on the Civic Center Development Committee because of the City's court action against him; however~ at that meeting his motion died for lack of a second. Councilman Kanel requested a clarification as to whether or not Mr. Garcia is still a member of the Civic Center Development Committee, October 26, 1964 The City Manager stated that he would not consider Mr. Garcia a member of the Committee inasmuch as he did not formally accept the Hayor~s appointment to the Committee and he did not attend the first meeting of the Committee. E~TABLISHMENT OF FEE TO BE. INCLUDED IN ORDINANCE REqUI~NG PERMIT FOR ~.IyE ENTERTAI~.M~NT: The City Attorney advised that the Council had neglected to establish an application fee for the permits for ive entertainment, as required in Section 5 of the subject Ordinance. Discussion was held concerning the amount of the fee, with City Attorney Howell stating that the fee in other cities ranges from $50.00 to $100.00. It was moved by Councilman McCarney~ seconded by Councilman Wright, and carried to establish the fee of $50.00 to be paid upon the filing of each application for a permit as set forth in Section 5 of the Ordinance Requiring Permits for Live Entertainment. The following roll call vote was taken: AYES: 4 COUNCIL~N NOES: 1 COUNCILMEN ABSENT: 0 COUNCILMEN Gorzeman~ Kanel, McCarney, and Wright Noe None S~CTION QE. CITY .O~. CYP~S.S ~OR ~U.N.Ip.~ COLLEGE. SITE: The City Manager stated that the City had learned of the decision of the Morth Orange County Junior College District ~o build a Junior Col~ge in Cypress south of Lincoln between Valley View and Holder. He outlined the various problems created by the location of this site in the City, such as the loss of valuable Commercially zone property, and suggested that a meeting be held in the near future between the members of the Junior College Board of Trustees and the City officials to discuss the drainage and street improvements, interior street plans, and other matters. The City Manager also indicated that several advantages would accrue to the City with the location of the Junior College in Cypress, including the attraction of service- type commercial facilities, an expected increase in cultiple development, cultural advantagesT and the location of major community recreational-type facilities, such as a stadium, swimming pool, and auditorium, which would be difficult to obtain without a major educational institution such as a Junior College. Following discussion, it was moved by Councilman McCarney, seconded by Councilman Gorzeman~ and unanimously carried~ to instruct the C~ty Manager to communicate with the North Orange County Junior College District Board of Trustees, concurring in the selection of the site for the new Junior Collge, wlcoming the District to the City of Cypress, and assuring the District that the City is looking forward to this new addition to the City, and requesting the Board to consider naming the college "Cypress Junior College." ORAL COM~{UNICATIO~S: Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed the Council, asking if it would be possible to include an article in the next City Newsletter indicating the City's support of Proposition "L" on the November Ballot. Mr. De Pietro was advised that this would be included in the next Mewsletter. Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, briefly discussing the following problems: (1) The fly problem; (2) The need for an anti-noise Ordinance; (3) A request to appoint an additional Planning Commissioner to eliminate the possiblity of a tie vote on an important Plannin~ Commission matter. In answer to this last question raised by Mr. Visca, Mayor Noe advised him that the seventh member of the Planning Conmission would be appointed after a City Newsletter is published advertising the vacancy on the Commission. Mr. Visca stated that since one member was reappdnted to the Planning Commission at the last City Council meeting, the seventh member should have been appointed. Mr. John Kennedy, 1002 St. Vincent Circle, Cypress, addressed the Council ~on~erning the fly and mosquito problem in the City, with specific reference to water ponding on dairy property. Mr. Frank Visca again addressed the Council, asking what the two City Councilmen who also serve on the Cypress County Water District Board will do when an issue comes up ivolving Cypress and Dairyland. Mr. Visca asked these two Councilmen how they could be functional on both bodies. October 26, 1964 Mr. John Kennedy again addressed the Council concerning the sewer line in Belle Avenue, with reference to the possibility of this line being cut, and his having to protest this to both the C~ty COuncil and the Cypress County Water Distr~ct. In answer to the various comments made under Oral Communications portion of the meeting~ Mayor Noe stated that there are many problems in the City for which all citizens and Councilmen alike ~hould be pulling together as a group. Mr. Carl de Pietro, 10301 SAnde Street, Cypress, addressed the Council, asking specific questions of Councilman Gorzeman, Councitmn Gorzeman stated that this was personal business which should not be discussed at a public meeting. Mr. Frank Visca again addressed the Council, asking what action would be taken concerning the appointment of a seventh Planning Commissioner. Councilman Kanel stated that there are always problems in the transition from an agricultural to an urban community, and that he would like to see more cooperation on the part of everyone to solve these many problems. ADJOURNMENT: There being no further business to come before the City Council, the Mayor declared the meeting adjourned at the hour of 11:09 p.m. MAYC~7 ! ATTEST: CI~ CLERK October 26, 1964