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HomeMy WebLinkAboutMinutes 65-04-12MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD April 12, 1965 The Cypress City Council held a regular meeting on April 12, 1965, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 7:30 p.m., Mayor Frank P. Noe presiding. PRESENT: Gorzeman, Kanel~ McCarneys Wright, and Noe ABSENT| None Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Administrative Assistant Darrell Dalton; Building Superintendent Thomas Nudson; Public Works Director liarold Neu; Police Chief O. C. Foster; and Secretary of the Planning Coa~f, ission George Putnam. MINUTES: It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, the minutes of the meeting of March 22, 1965, be approved as mailed. ORAL COMMUNICATIONS: Mrs. Mary Andrews, 927 Nutwood Avenue, Anaheim, addressed the Council as Chairman of the Speakers Bureau for the Fort Cypress Committee, requesting a statement frc~ the City of Cypress that the Fort Cypress Recreation Center will not increase the taxes in the City. Mrs. Andrews referred to Ordinance No. 83, the Admissions Tax Ordinance, with reference to the tax on admissions at the proposed Drive-In Theater, and requested that the City Council adopt a written statement td off-set any untruths being circulated that such a development will increase taxes in the City. It was moved by Councilman McCarney and seconded by Councilman Wright to adopt the following Resolution, title as follows| RESOLUTION NO. 567 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CYPRESS COMPARING REVENUES FROM CERTAIN H-C (HIGHWAY COMMERCIAL) AND M-1 (LIGUT MANUFACTURING) USES Prior to voting on this motion, discussion was held. Councilman Kanel stated he would oppose such a Resolution since he feels the City should not make any statements concerning revenues from taxes which may not be collectable. Councilman McCarney stated he feels the City should take advantage of every opportunity to build the city's tax base. ~Ir. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, asking the purpose of the Resolution introduced by Councilman McCarney, Councilman McCarney replied that the purpose was to inform the people of the City that such a development in an H-C zone will bring in tax revenues. Mr. John Kennedy, 10002 St. Vincent Circle, Cypress, addressed the Council, asking if any documents or a letter has been received from the Theater Corpora- tion, stating that they ~re willing to pay the admissions tax. The City Manager indicated that in his contacts with the representatives of the drive-in theater, they have not been opposed to the existing ordinance which requires the payment of the admissions tax. He further stated that the City Art orney has advised that there is no type of agreement which would guarantee the payment of the admissions tax. Mr. Dick Critelli, 5491 Belle Avenue, Cypress, addressed the Council, asking if there was some way in which the theater corporation's feeling s concerhing the admissions tax could be put in writing. The CIty Manager replied that the theater firm could write a letter stating that they are willing to pay the tax, but he questioned the extent such a letter would be binding upon the property owner. April 12, 1965 With reference to this matter, the City Attorney stated that considerable time has been spent in trying to devise a document that would have legal significance; however, it has been concluded that there could b e no agreement drawn that would have legal significance, and there is nothing more that can be done to further implement the Admissions Tax Ordinance. Councilman Kanel stated be felt additional information should be included in the proposed Resolution concerning benefits derived from manufacturing uses in the M-1 zone, Councilman Wright requested thatthis motion be voted upon. The following roll call vote was taken on the motion to adopt Resolution No. 567: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, McCarney, Wright, and Nee Kanel None Mr. John Kennedy, 10002 St. Vincent Circle, Cypress, addressed the Conncil, askinK about the possibility of adopting another Resolution stating that this matter could be taken to court. Mrs. Fred Neubauer, 6812 Jonathan Avenue, Cypress, addressed the Council, asking if there had been a final Building Department inspection on the retaining wall to the rear of her property. The City Manager advised her that the final inspection had been completed. Mrs. Neubauer stated that the wall has been damaged and the heavy rains are going to cause further damage. She also mentioned the problems of the drainage ditch to the rear of her property and suggested that the City consider a buried drainage pipe rather than the open ditch. Mrs. Neubauer also displayed a photograph taken on March 21, 1965, showing the condition of the block wall on her property. Mrs. Patricia Munn, 10563 Jill Street, Cypress, addressed the Council, stating that her son had been buried under the wall and Just escaped being killed. Mrs. Neubauer again addressed the Council, suggesting that a buried drainage pipe would keep children away from the open ditch. Discussion was held concerning the construction of the block wall, The Public Works Director explained various problems conce~"aing the drainage ditch, stating that it has been designed on an interim basis, to be ultimately lined with concrete· The City Manager explained that the Master Plan of Drainage for the subject area calls for a concrete-lined drainage channel, and if the City were to install an underground pipe, it would require a revision in the Master Plan of Drainage. He sugges ted the possibility of using monies from the drainage district to line those portions of the ditch which are adjacent to the homes in Tract 4966· Mrs. Fred Neub auer addressed the Council, stating that the ditch is located adjacent to the railroad line, and suggested that the Railroad COmpany he required to pay for the lining of the ditch. The City Manager and City Attorney advised Mrs. Neubauer that the railroad could not be required to contribute to this work. Mayor Nee suggested that this matter be referred to the Public Works Director for study. Councilman Kanel stated he felt a formal action should be taken by the City Council concerning this matter and made a motion that the Council consider this matter at the end of the agenda, however the! motion died for lack of a second. 4~RD OF CONTRACT FOR 196.5 WEED ABATEMENT PRO~..RAM: A report dated April 9, 1965, was presented from the City Engineer, stating that bids ~re opened on Friday, April 9, 1965, for the 1965 Weed Abatement Program. summary of the bids received: E. & G. Engineers, Inc. P. O. Box 331 Garden Grove, California The following is a TOTAL BID $ 3,929.50 Commercial Lot Cleaning, Inc. 2459 North Lee Avenue South E1 Monte, California 4,060.00 P. I. Hadden, Jr. 800 North Eucalyptus Avenue Inglewood, California 4,415.00 April 12, 1965 The City Manager pointed out that the actual ~ed abatement work would not be commenced until a further report is made to the City Council of those properties requiring abatement. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to authorize the Mayor to sign and City Clerk to attest the Weed Abatement Con~ct with E. and G. Engineers, Inc., P, O. Box 331, Garden Grove, California, as provided in the Specifications Proposal and Contract dated March 1965. The following roll call vote was taken: AYES: 5 CO[~]CILMEN: NOES: 0 COUNCILMEN AB SENT: 0 COUNCILMEN Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC NEARING RE: APPLICATION FOR SPECIAL PERMITI LEONARD J. FATENAUDE: The Mayor announced this was the time and place for the Public }~ arfng to consider an application for Special Permit to solicit from door to door in order to sell spices and extracts, as requested by Leonard J. Patencuds, 7910 Commonwealth Avenue, Buena Park, California. A report dated April 8, 1965, was presented from the City Manager, concerning the subject application, stating that a Police Department investigation of the applicant disclosed no grounds for denial of the application. In accordance with the Special Permit Ordinance No. 236, the City Council, following the Public Hearing, must determine whether or not to issue or to deny the one-year Special Permit on the grounds that the business does or does not comport with thepeace, health, safety, convenience, good morals, and general welfare of the public. The City Manager further informed the Council that the applicant had requested an exemptjan from payment of the business license fee due to a 60% disability as a Veteran. The City Attorney has advised that neither the Special Permit or Business License Ordinances provided for the granting of such an !'eMemption and for this reason, the applicant has been informed that he will be required to pay the business license fee. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the Special Permit. Mr. Leonard J. Patencuds, applicant, addressed the Council, explaining that he is a Watk ins Products Distributor and was applying for the permit in order to allow him to train dealers in Cypress. The City Manager pointed out that individual dealers would be required to obtain individual permits for solicita- tion and tndiv~dual business licenses. There being no oral protests and no ~itten communications, the Mayor declared the Public Hearing closed. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve the one-year Special Permit for Mr. Leonard J. Patenaude, 79]0 Commonwealth Avenue~ Buena Park, to sell Watkins Products on a door-to-door basis with the provision that the proper business licenses be obtained. The following ~oll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Oorzeman, Kanel, McCarney, l~ight, and Noe None None PUBLIC.~.~ARING RE; APPEAL QF DECISION OF P~ANNING COFMIS..SION.~ VARIANCE NO, V-203: The Mayor announced this was the time and place for the Public Hearing to consider an appeal requested by Midwood Development Company of the decision of the Cypress Planning Cormmission on Variance No. V-203 to allow the installa- tion of a 10' x 25' sign three feet (3') south and six feet(6') east of the northwest corner of 4001 Myra Avenue, and extending east approximately 25 fee t on said property, requested by Paul Crane, 4001 Myra Avenue, Cypress, Cmlifornia. ~e City Manager presented Planning Commition Resolution No. 248, denying Variance No. V-203. The Mayor declared the Public }tearing open and asked if anyone in the audience wished to speak for or against the subject appeal. April 12, 19B5 The CIty ~anager presented a con~nunicetion dated April 9, 1965, from Mr. Max Levine, President of Midwood Development Company, stating that he would be unaole to attend the City Council meeting to speak concerning the subject appeal. Also presented was a communication from Richard W. Sandh~n, M.D., stating that Mr. Benny Mastropaolo, ~ho was scheduled to appear before the Council concerning the subject matter, was unable to attend due to medical reasons, '[he communication further requested that the matter he continued for four weeks. The City Manager also presented communications dated March 17, 1965, from Service Management Corporation, Palms Homes, Inc., and Teri Homes, Inc., all protesting the granting of any variance permitting the use of the property located at 4001 Myra for the maintenance of a commerical sign. Councilman Wright indicated that the variance should not be granted since the sign was erected without the required building permits. A brief discussion was held concerning the ~Iidwood ~Yanor development project, with reference to the number of units remainlng to be sold, There being no further written communications and no oral protests, the Mayor declared the Public tiesring c{osed. It was moved by Councilman Gorzemen, seconded by Councilman Wright, and unanimously carried, to concur with the P1 anning Commission~s decision to deny Variance No. V-203. PUBLIC HEARING RE| CONDITIONAL USE PE}~MIT.. NO,. C-180 ~GERAL. D M. LAYER) | The Mayor announced this was the time and place for the PSblic Hearing to consider an application for Conditional Use Permit to allow the dispensing of liquor in an establishment located at 4114 Lincoln Avenue, Cypress, requested by Gerald M. Layer, 2731 Whidby Lane, Anaheim, California, known as Conditional Use Permit No, C-180. The City Manager presented Planning Cu~,~l, ission Resolution No. 247. recommending approval of the Conditional Use Permit subject to four conditions. The ~'~ayor declared the Public Hearing open and asked if anyohe in the audience wished to speak for (~r against the proposed use. Mr. Gerald M. Layer, 2731 Whidby Lane, Anaheim, California, addressed the Council, outlining the nature of his request, and stating that in the future he expects to change the use from a beer bar to a restaurant operation. The City Manager outlined various changes made by the Planning Commission in the conditions of the Conditional Use Permit as compared to the original Staff recommendations, with particular reference to the installation of street improvements. Discussion was held concerning the recu,~,,endation of the Staff to the Planning Conmlission that no g~nes of skill be allowed at the subject location, The Secretary of the Planning Comission explained that the Planning Ccnnmission felt it would be unfair to the applicant not to allow games of skill since other establishements in the City have such games at the present time. The City Attorney indicated the possibility of adopting a City Ordinance to control games of skill. Mr. Gerald M. Layer. applicant, aFtsin addressed the Council. stating that he would like to bays pool tables allow~d~ but has no desire to maintain pin ball machines. Mrs. Fred Neubauer. 6812 Jonathan Avenue, Cypress. addressed the Council, stating that she is opposed to any additional beer bars in the City. Mrs. Pat Munn, 10563 Jill Street, Cypress, addre ssed the Council, suggesting that the Council defer action on this matter until the operation is expanded to include a restaurant. Mrs. Hartha Harmsten. 10152 Esther. Cypress. addressed the Council, speaking in favor of the proposed use. April, 12, 1965 Councilman Kanel inquired of the Police Chief concerning problems of grambling taking place in establishments with games of skill. The Police Chief Indicated that gambling has been known to occur. Mr. Fred Duffy, 9787 R(]ne Street, Cypress, addressed the Council, asking whether a beer bar or a service station brings in more revenue to the City. The City Manager indicated that probably a beer bar ~ould bring in more revenue. There being no written communications and no further oral protests, the Mayor declared the Public Hearin~ closed· Discussion was held concerning the Planning Commtssion's recommendation that a bond be posted to cover the installation of the street improvements on Bloomfield and Lincoln. The City Manager indicated that it was the City EnKineer's opinion that the street improvements should be!iinstalled at the present time. The Secretary of the Planning Commission stated that it was the Planning Commission' s feelings that for all of the improvements to be installed at this time ~ould be an unfair hutden for the one particular use. The City Manager referred to a memorandum from the City Engineer, in which it was reported that the owner of the subject property in 1962 had posted a $5,000 bond to guarantee a portio~of the street improvements on Bloomfield and also bad promised to install the improvements f~ithin three years from March of 1962. Mr. Henry Neishi, owner of the subject property, addressed the Council, stating that when he had originally posted the $5,000 bond, it had been recommended to him that the improvements on B16omfield not be installed until the property to the east develops. In answer to a question from Councilman Gorzeman, the Public Works Director stated that the approximate cost of the street improvements for the property owned by Mr. Neishi would be $15,500. It was moved by Councilman Gorzeman and seconded by Councilman Wright to approve Conditional Use Permit No. C-180 to allow the dispensing of liquor in an establishment located at 4114 Lincoln Avenue, Cypress, subject to the following conditions: All drainage fees be paid in the amount re0uired for subdivision development in Drainage District 2-A. The Record of Survey Map be completed that divides [he subject property from the dental office to the south. Installation of the street improvements along the north half of the property frontage on Bloomfield and all improvements on Lincoln Avenue with a bend to be posted guaranteeing the ~nstallation of the remainder of the street improvements on Bloomfield within the next two years. Prior to voting on this motion, Councilman Kanel made a motion to amend Councilman Gorzeman's motion, to add a condition "that no games of skill be allowed", however, the motion died for lack of a second. The following roll call vote was taken on Councilman Gorzeman's motion to approve Conditional Use Permit No. C-180~ AYES: 4 COUNCILMEN: Gorzeman, McCarney, Wright, ,~IOES: i COLHqCILMEN: Kanel ABSENT: 0 COUNCIIMEN: None and Noe PUBLIC HEARING RE: BREEDING, ,OF FLIES AT 9372 HOI,D~ STREET~ CYPRESS (SALVADOR): The Mayor announced this was the time and place for the Public ltearing to determine ~ether the breeding of flies at 9372 Holder Street, Cypress, is in violation of Ordinance No. 73, the Fly Control Ordinance, and to further determine whether or not the Health Officer may abate said condition~ as requested by Frank R. Salvador~ 9372 Holder Street, Cypress, California. April 12, 1965 A report dated April 8, 1965, was presented from the City Manager, stating that in accordance with the fly control Ordinance, the Health Officer had determined that there was breeding of flies and violation of the Ordinance No. 73 on the poultry farm owned by Frank R. Salvador at 9372 Holder Street, Cypress. Mr. S alvadot has requested a public hearing, in order for the City Council to determine whether or not a condition contrary to the conditions of Ordinance No, 73 exists and w~ther or not the Health Officer may abate the breeding of flies at the subject location. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak in favor of the fly abatement. Mr. Chuck Bryant, 6890 Via Arroyo, Buena Park, addressed the C~uncil, stating that since 1962 the h~neowners adjacent to the chicken ranch at the subject locati on have been complaining about the nuisance of the flies. Mr. Fred King, Supervising Sanitarian for the Orange County Health Department, addressed the Council, reporting on the inspections made by the Health Department of the subject property, Mr. King stated that over the past three years Mr, Salvador has been served with eleven abatement orders, and on two occasions has been referred to the District Attorney for action. Many ccmplaints have been received from the adjoining residential area, with 30 complaints from the area from January to March, 1965, Mr, King reco~,b~,ended that ~ince Mr. Salvador has not made an attempt to correct the situation, that the Council take action to abate the nuisance, In answer to a question from Councilman Gorzeman, Mr. King stated that he had recently inspected the property on March 30, at which time the property was heavily infested both with adult files and larvae. The Mayor asked if anyone in the audience w~shed to speak in npposition to the abatement of the flies. Mr. Frank Salvador, 9372 {{older Street, Cypress, addressed the Council, exp lainlug the difficulty in controlling the fly problem with reference to hauling away of the piles of fertilizer. Mr. Salvador stated that extreme financial difficulty was preventing him from moving his operation to another area. He indicated that he has always complied with the Health Department to the best of his ability. Mr. Salvador further explained the methods of fly con- trol he has used and requested he be allowed to abate the present problem. Mr. John West, Deputy Health Officer, addressed the Council, and presented various photographs taken in october of 1964, showing the condition of the chicken ranch. Mr. West stated that the major cause of the fly problem is excess moisture~ and reconmended that the grade of the area be built up sufficiently to allow better drainage, and that the leakers of the dew-drop system be corrected in order to keep the area dry, The City Attorney advised the Council that the procedure for the Council to follow after the Public Hearing is to determine whether or not to order the Health Officer to abate the nuisance. If this action is taken~ the Health Officer would proceed without any further action of the court, etc., to take whatever action he feels is necessary to abate the problem. Steps would then be taken to recover the costs of abatement from Mr. Salvador. Mr. Frank Salvador again addressed the Council, explaining his inten~ions of moving his chicken ranch to another area upon the sale of his property in Cypress. ~ere being no written communication~ and no further oral protests, the Mayor declared the Public Hearing closed. Councilman Kanel cu, l,,aended '~r. Frank Salvador for his presentation. It was moved by Councilman Kanel and seconded by Councilman McCarney to determine that the breeding of flies at 9372 Holder Street, Cypress, is in violation of Ordinance No. 73, the Fly Control Ordinance, amd to authorize tbe Health Officer to proceed with the ~atement of the breeding of flies at the subject location. PriOr to voting on this motion~ discussion was held. April 12, 1965 The City Manager advised the Council that the required action ~,~uld be at the discretion of the Health Department, who would perform the work if Mr. Salvador does not abate the nuisance prior to the Health Department's action, In answer to a question from Councilman Gorzeman concernin~ the extent of the work to be done by the Health Department, the City Attorney advised that the Council may determine ~.~at is necessary to abate the nuisance based upon the reports of the~Healtli Officer. Further discussion was held concerning the fact that ~4r. Salvador has plans to move the chicken ranch from Cypress, and the possiblity of limiting the abatement action taken by the Health Department. ~r. Salvador again addressed the Council, outlining the problems of transporting the chickens from place to place· The following roll call vote was taken on Councilman Kanel's motion to authorize the Health Officer to proceed with the abatement of the breeding of flies at 9372 Holder Street, Cypress: AYES: 5 COUNCILMEN: NOES: 0 COI~CIFIEN: ABSENT: 0 CO[~.ICILMEN: Gorzeman, Kanel, T~cCarney, l,~right, None None and Noe CONTRACT W~ITlt ARCIi,ITECT FOIl CIVIC CENTER RE~ELOPME:,IT: It ~,yas moved by Councilman '~',"right, seconded by Councilman McCarney, and unanimously carried, to consider Item ':o. 28 on the agenda at this time, concern_~ng the contract with the architect for Civic Center development· ~ report dated April 9, 1965, was presented from the City 'Ianager, outlining tim contract with the firm of William L. Poreira & Associates for architectural services for the first phase of Civic Center construction. The City Attorney suggested three changes in tile form of tile contract, as follo~.:s: That the party shown on the Agreement as the o~mer should be the City of Cypress. ~ere should be modification of the provisions regarding assignment. so that it is clear that there may be an assignment of the contract to a non-profit corporation. ]here should be the right to terminate on behalf of the City in a manner similar to the termination provisions under ArtiCle 10, even though the a~chitect is not in default· 'Tr. ~{eno Wilhelms. representing William E. Pereira & Associates, addressed the Council, stating that the changes as outlined by tt~ City Attorney are acceptable!:to him. The City Manager informed the Council that a further proposal had been presented from WillJan E. Poreira & Associates to prepare a master plan for over-all civic center land development ~ a cost of $5,000.00. In answer to a question from Councilman McCarney,-the City ~'Yanager stated that he felt such an over-all plan would be desirable; however, action on this matter ~ould not have to be taken at this meeting. ~fr. ~Ieno l,;ilhelms addressed the Council, stating that his firm feels that in planning a Civic Center. it is best to have as complete a Master Plan as possible, and that it is more desirable to have this ~aster Plan before the initial buildings are started. ~fr. Wilhelms outlined the scope of the master plan, which would include parking and circulation studies,utility distribution stu, lies~ etc, Following further discussion, it was moved by Councilman Gorzeman, and seconded by Councilman Wright to approve the Architectrual Contract with tile firm of William L. Poreira and Associates at 8% of the cost of the construction project with the amendments as outlined by the City Attorney and further authorize the Mayor to sign and City Clerk to attest the subject agreement. April 12. 1965 Prior to voting on this motion, Councilman McCarney made an amendment motion to authorize the expenditure of $5,000 for an over-all Civic Center master plan to be completed by William L. Peretra & Associates, however, the motion died for lack of a second. The following roll call vote was taken on Councilman Gorzeman's motion to approve the contract for architectural services, AYES: 5 COUNCILMEN: NOES: 0 COUNCIL~$N: AB SENT: 0 COUNCIL~{EN: Gorzeman, Kanel, McCarney, Wright, s nd Noe None None It was generally agreed by the City Council to direct the City Manager to make further studies concerning the value of an over-all Civic Center master plan, CO~MUNICATION FROM ORANGE COUNTY ASSOCIATION FOR MENTAL HEALTH RE: PROCLAMATION OF ~ENTAL HEALTH WEEK: A communication dated March 17, 1965, was presented from the Orange County Association for Mental i1ealth, requesthg. a proclamation designating the week of May 1 - 7, 1965, as Orange County Mental Health Week, whereupon Mayor D.~oe granted this request and proclaimed the week of May 1-7, 1965, as ~ental Health Week. CO~UNICA%IpN..FROM COUNTY OF pRANCE FREE LIBKARY p!STRICT ~E: HOURiS OF. PUBLIC LIB.RA~R.IES: A communication dated March 18, 1965, was presented from ~r. B. William Kirkwood, Orange County Free Library District, informingZthe City Council of a reduction of hours at ten County Brandm libraries, including the Cypress branch. It ~as moved hy Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, this communication be received and filed. CO~DHINICATION FROI~ ALCOHOLIC BEVERAGE CONTROL BOARD RE: APPLICATION FOR OH- SALE BEER LICE21SE AT 6072 LINCO.LN..AVENUE~ ~RANDY'BER'R~: ~ communication was presented from the Alcoholic Beverage Control Board, notifying the City of a request for transfer of license for the on-sale beer license at 6072 Lincoln Avenue, Cypress, from ~erman C. Tilton to Kenneth ~. Brandybe rry. ]~e City Manager pointed out that both the application and police investigation nave revealed a basis for protest of the application,and for this reason the Police Chief ~as initiated a protest on this transfer. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to concur with the Police Department Totest of this application and inform the Alcoholic Beverage Control Board of this action. COmmUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: APPLICATION FOR OFF-SALE BEER LICENS.E.~ 6072 ~INCOLN AVENUE~ MERTENS: A communication ~.~as presented from the Alcoholic Beverage Control Board, notifying the City of an application for a new off-sale beer and wine license for June F. and Theodore D. ~ertens at 6072 "~" Lincoln Avenue, Cypress. It was moved by Councilman McCarney, seconded by Councilman Wright, and unsnimously carried, this communication be received and filed. COMMUNIC.ATION FROM ALCOHOLIC BEVE.R.AGE CONTROL BOARD RE: APPLICATION FOR TRANSFER OF ON-SALE GEN~ERAL LI,qE.N~E,~ 4961 EAST KATELLA AVENUE: A communication was presented from' 't'he Alcoholic Beverage Control Board, notifying the City of an application for a transfer of the On-Sale General license at 4961 East Katella, Cypress, to John B. Ivey, Trustee| Frank Vessels, Jr., Trustee; Grace ~. Vessels, Trustee~ and Gus A. Walker, Trustee. It was moved by Councilman McCarney, seconded by Councilman Nright, and unanimously carried, this communication be received and filed. COHMUNICATION FROM O~ANGE qOUNTY ADVERTISING ~LU.B RE: PROCLAMATION OF "ADVERTISING RECOGNITION. ..WEEK": A cenmunication dated March 22, 1965, was presented from [lr. Fenton Taylor of the Orange County Advertising Club, requesting that the M~yor proclaim April 25th through May lot, 1965, as "Advertising Recognition Week". It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimouely carried, to grant this request, whereupon Mayor Noe proclaimed the x.~ek of April 25 through May 1, 1965, as "Advertisin~ Recognition Y.~eek". April l2, 1965 CO'.O~UNICATION FROM CITY OF AYAHED~ RE| OPPOSITION TO ASSEMBLY BILLS 346 AND 43J_~ RE:.. EXPENSE OF RAILROAD .CROSS.I~G~ A communication dated ~Iarch 24,1965, W~§ presented from the City of Anaheim, transmitting a resolution opposing Assembly Bills No. 346 and 431 ~Thich relate to the apportionment of construction and maintenance expenses of railroad crossings to public a~encies. The City >ianager reported that a commurL~zation had also been received from the League of California Cities, supporting the subject legislation. The primary reason for support by the League of California Cities is the provision of the bills which allows the payment of all costs incurred by cities and counties to be paid from the State apportiorment of motor ~ehicle in lieu monies, If these bills ~e not adopted, the League feels that a ruling by the Public Utfltittes Commission could place the entire financial burden upon the Cities and Counties. The City Manager recommended that the City Council concur with the stand of the League of California Cities. It was moved by Councilman Kanel, seconded ~y Councilman McCarney, and unanimously carried, to concur with the recommendation of the League of California Cities and to support Assembly Bills No. 346 and 431. COT~{UI~ICATION FROM ASSE~{BLYMAN DANNEMEYER RE: SUPPORT OF ASSE~IBLY BILL NO. 11 PZL TOP.L~.SS B.A~HING SUIT: A co~unication dated ~Iarch 25, 1965 ~ was presented from Ass~bl~an Willt~ E. D~nemeyer, requesting the City Council to express ~ interest in one or both of the b~lls ~.~bich have been introduced, clarifying the Penal Code as to ~ether or not the practice of ~aring topless batMing suits in public places is consoust with the protection of public health, safety, and morals in the State of California. Assembly Bill D~o. 11 provides municipalities the local option of adopting leF. islation in this area, while Assembly Bill ~Co. 1531 establishes th~ lax~ as a State-wide policy. It was moved hy Councilman McCarney and seconded by Councilman Wright, to support Assembly Bill No. 11 and instruct the City Manager to tnfomn Assemblyman Dannemeyer, the other State legislators, and the League of California Cities of this support. Prior to voting on this motion, Councilman Kanel stated that he was not in favor of Assembly B~ll No. I1, but preferred Assemblyman Dannemeyer's Bill No. 1531. The following roll call vote vas taken on Councilman ~tcCarney's motion: AYES: 4 COUNCIL'IEN: NOES .' 1 COUNCI DIEN: ABSENT: 0 COUNCILMEN: ~.orzemans McCarney, Uright, and Kane 1 N one CO~U~ICATXON f.mo~ p.n~.NG~ .COUNTY BOW~DAnY CO~MI. SSIO~..~m: ~n~POSED A~EXA~ION TO THE CITY OF LA PALMA: A communication dated March 29, 1965, was presemted from the Orange County Boundary Commission, notifying the City of a proposed annexation to the City of La Palma, known as Annexation No. 65-1. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, this communication be received and filed. ~O~P{UNICA~ION' PROM J.C. WC~.{ACK~ STAT.E IfIGI{X~'AY E.NGINEER RE:. ~TIJDy OF C~NTL~IING HI~IIWJY ~EDS: A c~untcatfon dated March 26, 1965, was presented from Yr. J.C. W~ack, State Highway Engineer, notifying the City Council of the plan to conduct a Study of Continuing Highway Needs beyond the year 1972, to be submitted to the Federal Gove~ent~ ~d reque~ti~ assistance from local Jurisdications In c~pleti~ these studies. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried~ to instruct the City Manager and Public Works Director to cooperate with the State Division of Uighways in the completion of the highway progrin study. COMMUNIC4TJON F.ROM ORA_NGE COUNTY BOUNDARY COMMISSION RE: WATSON ANNEXATION TO CITY OF CYPRESS: A communication dated March 29, 1965, xas presented from the Orange County Boundary Col~,~ission, informing the City that the boundaries have been approved for the proposed annexation to the City of Cypress kno~a as the Watson Street ~nnexation. It was moved by Councilman Gorzeman~ seconded by Councilman ~right, and unanimously carried, this corfn~unication he received and filed. April 12, 1965 CO~{{UNICATION FROM MAYOR OF THF CITY f~F LONG BEA_CH. RE: SUPPORT OF CONSTITUTIONAL AMENDMENT RE: .TELEPH.ONE COMPANIES: A commun~ation dated March 29, 1965, was presented from Edwin W. I~!ade, Mayor of the City of Long Beach, transmitting a COPy of a resolution and arguments in support of a constitutional amendment which would permit cities in California to levy a two percent gross receipts tsx ou telephone companies. TIle City TIanager pointed out that the Council had previously supported Constitutional ~nendment No. 17 which seeks an imposition of a one percent franchise fee on telephone companies. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to instruct the City >~anager to notify the Mayor of the City of Long Beach of the City's previous action on this matter. COif!{UNICATION FRO7{ CALIFORNIA ~TATE. CITIZ.E~iS FOR DECENT LITERATURE LEGISLATION TO CONTROL DISTRIBUTION OF OBSCENE LITERATURE: A communication dated April 2, 1965, x~as presented from the State Citizens for Decent Eiterature, transmitting a Resolution of the Board of Supervisors of Venture County, supporting legislation to control distribution of obscene literature, and requesting the City Council to support such legislation. The City Manager outlined provisions of Assemhly Bill No. 1313, introduced by Assemblyman Richard Barns and co-sponsored by 49 other Assemblymen, said bill relating to the control of obscene literature. Following discussion as to whether or not the proposed Bill would censor paintings, plays, and other noted x~orks of art, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to concur with the Resolution of the Board of Supervisors of the County of Ventura supporting legislation to control the distribution of obscene literature. CO7.~{U?'IICATION FROPI AN~{EIM ~ION HIGH SO{OOL DISTPICT RE: WAIVER OF FILING FEE FOR CONDITIONAL USE PEP~MIT: A communication dated April 5, 1965, was presented from J.J. Re snid~, Building and Planning Supervisor for the Andhelm Union High School District, requesting a waiver of the filing fee for the Conditional Use Permit required for the construction of the Oxford Jr. High School located at the southwest comer of Grindlay and Oran~e. It was moved by Councilman ~cCarney, seconded by Councilman Gorzeman, and unanimously carried, to waive the filing fee of $50.00 for the Conditional Use Permit requested by the An~eim Union High School District. The following roll call vote was taken: AYES: 5 COUNCII~{EN; 7~OES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None AUDIT REPORT FOR QUARTER ENDING DECEMBER 31~ 1964: A communication was presented from Diehi, Evans, and Company, transmfttin?~ the Audit Report for the ~uarter ending December 31, 1964. It ~.zas moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the Aud{t Report be received and filed. CO'[MU~WICATION FROM MRS. ANNE ~ORTIER RE: APPRECIATION TO POLICE CHIEF: ;. communication was presented from ~rs. Anne Fortier~ representing several tead~ers from the Cypress School District enrolled in a course entitled "Teaching Public Safety", expressing appreciation for Police Chief Foster's discussion regarding school safety programs. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, this communication be received and filed, and the City Council express its appreciation to Chief Foster for his present ation to the school teachers. RECESS: It was moved by Councilman ~cCarney, seconded by Councilman Wright, and unanimously carried, to declare a recess at 10:22 p.m. ~e meeting was called back to order at 10:28 p.m., all City Councilmen bein£ present. April 12, 1965 CO~F,.IUNICATIO~ FROM If,PRESS SItOW S,TO~,PE,~, YODTH BA~D RE: ~IARCHINC, ,TO DEDICATION nF CYPRESS LIBRARY: The City Manager presented a communication from Mr. C. B. Parker, Band Director of the Cypress Show Stopper Youth Band, requesting permis- sion for the band to march from the intersection of St, Alban & Myra to the library site for the library. dedication ceremonies to be held at t0:00 a~m, on Saturdav, April 17, 1965. Following discussion, it was moved by Councilman lIcCarney~ seconded by Councilman Gorzeman, and unanimously carried, to ~rant permission for the Cypress Show Stoppers Youth Band to mard~ on Myra Street to the library dedication ceremonies, CO'2.~UNICATION FROM CYPRESS SCHOO~ DISTRICT RE: .. SC!IOOL SITE NO. 16: 7%e City Hanager presented a con~nunication dated April 9, 1965, from ~Ir. Martin of ti~e Cypress School District, requesting the City Council to review the action of the Cypress Planning Commission in denying the School District's request for approval of a school site at the east end of Nelson Street. The communication further stated that the Board of Trustees of the Cypress School District feels that the need for a school at the subject location is sufficiently urgent and will, therefore, proceed with eminent domain action for acquisition of the site. In answer to a question from Councilman Gorzeman, the Secretary of the Planning Commission stated that the Planning Commission felt that current land use studies indicate the lack of a need for an additional school site and that better use could be made out of the 15-acre site located at the southwest corner of Graham and Orange if theSchool District acquired the five acres adjoining this exisitin~ ~ite. The City Attorney advised thatsince this matter had been brought to the attention of the City Council, that some action on the part of the Council should be taken. It was moved by Councilman Gorzeman, seconded by Councilman Kanel~ and carried~ to concur with the Planning Commission's decision for denial of Sd~ool Site No. 16 as requested by the Cypress School District. The following roll call vote wa~ taken: 7,YES: 4 COUNCILMEN: 2~OEc,: 1 COL~CILMEN: ABSENT: 0 COENCILMEN: Gorzeman, Kanel, McCarney~ md Wright None TENTATIVE TRACT MAP NO. 5337 (JOtrq S. HAY):' The City ~.Ianager presented a communication dated April 8, 1965, from ~Ir. John S. '.lay, requesting x~ithdrm~al of Tentative Tract Map No. 5337, said tract located between Grindlay and Moody, south Of Lincoln, It was moved by Councilman Gorzeman and seconded by Councilman Wright to table action on this tract map. Prior to voting on this matter, discussion was held. Councilman Kanel stated that since this tentative tract map had been denied by the Planning Commission, he would be opposed to continuing the matter. Following further discussion concerning the appropriate action to take on this Tentative Tract Map, Councilman Gorzeman with&zew his motion and Councilman Wright withdrew his second to the motion. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and carried, to deny Tentative Tract Map, No. 5337. The following roll call vote was taken: AYES: 3 COUNCILMEN: r{ DE S: 2 COUN CI U4EN: M~SENT: 0 COUNCIL'~IEN: Gorzeman, Kanel, and ]~ri~ht McCarney and Noe None TEUTATIVE TKACT MAP NO, 5930 ~BEAR STATE BUILDERS):! A report dated A~ril 8, 1965, yes presented from the Secretary of the Planning Commission concerning Tentative Tract Map No. 5930, consisting of 5 acres, 21 R-3 lots, generally located at the ~starly end of Camp Street betx.~en Denni and Moody, as requested by Bear State Builders, Inc., stating that the Planning Commission had recommended approval of this Tentative Tract Map subject to nire conditions, April 12, 1965 Considerable discussion was held concerning an amendment to Condition No. 9 recommended by the Assistant Planner, said condition reading as follows: "A bond guaranteeing the improvements for the south 8 feet of Camp Street extension and the westerly 6 feet of Oregory Street extension shall be given to the City of Cypress. The developer shall also grant to the City of Cypress a cash bond for the improvement of the south half of Camp Street excluding Lot A and the westerly half of the extension of Gregory Street excluding Lot B." The City Attorney advised that the applicant may have a problem in securing a bond for improvementof property which is not owned by him. Mr. Horpel, representing Bear State Builders, Inc., addressed the Council, stating that the Bending Cc~pany will not underwirte a bond for property which he does not own. Following considerable discussion concerning various methods m secure the installation of the required street improvements, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to continue consideration of Tentative Tract Map. No. 5930 until the regular meeting of April 26, 1965, in order to allow time for the staff, City Attorney, and applicant to resolve the problems involved. FINAL TRACT ~AP ~9. 4377 (L~RWI~ COMPANY): A report dated April 6, 1965, was presented from the Office of the City Engineer, recommending approval of Final Tract M~p No. 4377, located at the southeast comer of Valley View and Orange, 45 R-1 lots, 10.236 acres, as requested by the Larwin Company, 9300 WilShire Boulevard, Beverly Hills, California. All conditions of the Tentative Tract Map have been met. It was moved by Councilman Wright, seconded by Councilman McCax~x~ey, and unanimously carried, to approve Final Tract Map No. 4377, accept the bonds and Agreements for public improvements, authorize the Mayor and City Clerk to sign the Agreements, and authorize the City Clerk to sign the record map. FINAL TRACT MAP NO. 5728 (LARWIN COMPANY): A report dated April 8, 1965, was presented from the City Manager, concerning Final Tract Map. No. 5728, located north of the Carbon Creek Channel, south of Ball Road, between Moody and Denni Streets, 53 Planned Development lots and 4 common area plots, 4.797 acres, as requested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The report stated that the final map contains variations from the approved Tentative Tract Map, including the rearrangemerit of the condominium units in the area and the alleys entering and circling through the tract areas to be dedicated as public alleys rather than private alleys. The staff has no objection to Izhese changes provided that proper curbs and gutters are installed in all areas not adjacent to the carports and adequate turn-around areas am provided in the alleys which do not have complete circulation patterns. These conditions have been accepted by the Larwin Company and are noted on the final map. Councilman McCarney made inquiry conaerning the drainage studies in Drainage District 2-A, with reference to the fact that tract maps have been approved in this Drainage District prior to the construction of the pump station. The City Manager advised that no certificates of occupancy will be granted until the pump station is completed. Mr. Leonard Gerki n, representing the Larwin Company, addressed the Council, stating that the plans for the pump station and sump facility should be completed by May 15, 1965. Following discussion concerning tb~drainage in the vicinity of the subject tract map, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to approve Final Trac~ Map No. 5728, 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 ~ecord map. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Corzeman, Kanel, McCarney, Wright, and Noe None None April 12, 1965 34G AGREEMENT FOR A.H.F.P. PROJECT NO. 287, VALLEY VIEW STREET ~.R.I.DGEI: A report dated April 2, 1965, was presented from the City Engineers rocormnendin8 approval of the Memorandum of Agreement'for 'the' improvement of the Valley View Street Bridge over Carbon Creek Channel as m Arterial Highway Financing Progrmn Project. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carrieds to approve the Memorandum of Agreement for A,H.F.P. Project No. 287 and authorize the Mayor to sign and City Clerk to attest the subject agreement. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None E~EC~TION OF ORA~G~ COUNTY FLqO~ QONT~.OL ~ERMIT, NORTHWES~ C~RNER OF VALLEY VIEW ANp BALL. ROAD: A report dated April 7, 1965, wes presented from the City Engineer, stating that it is necessary for the City to execute a Flood Control Dis trict Permit in order to allow a connection to the Carbon Creek Channel north of Ball Road in conjunction with the roadway improvements at the northwest corner of Valley View and Ball. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to authorize the Mayor to execute the permit on behalf of the City. COSTRACT WITH FI~.CI.A~ CONSULTANT...- BARTLE WE~LS ASSOCIATe. S: A communication dated April 9, 1965s was presented from the City Manager, outlining the proposal submitted by Battle Wells Associates for providing the financial consulting setvies required for the lease-back method of financing for the civic center construction at a cost of $7,500. Following discussion concerning the provisions of this proposal, it' was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to approve the proposal as submitted by Battle-Wells Associates for the financial consulting services required for thelease-back method of financing for the civiccenter cons truction. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None CCMPENSAT~ON OF ELECTION OFFICERS: A report dated April 8, 1965, was presented from the City Manager, outlining the need for the City Council to establish the rate of ccsnpensation for the election workers at the May 11, 1965, special municipal election. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to establish the compensation of election officers at $21.00 for each Inspector, $18.00 for each Judge and each Clerk, and $10.00 for the rental of the polling places for the May 11, 1965, Special Municipal Election. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None COMMENDATION OF BOY SCOUT, CHARLES DENNIS: A report dated April 8, 1965, was presented from the City Manager, stating that Cypress Boy Scout Charles Dennis, 4252 Jade Avenue, Cypress, has been awarded the Certificate of Merit from the National Boy Scouts for his heroism and prompt action in stopping a moving vehicle. It was moved by Councilman McCarneys seconded by Councilman Wright, and unanimously carrieds to adopt the following Resolution, title as follows: RESOLUTION NO. 568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT CHARLES DENNIS FOR HIS HEROIC ACTION April 12, 1965 The following roll call vote was taken: AYES: 5 COUNCILM~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman~ Kanel, McCarney, Wright, and Noe None None PAVING ~pREEMENT--ANAHEI~ UNION H.!gH SCHOOL DIS~I~7: A report dated April 8, 1965, was presented from the City Manager, outlining a proposed Agreement between the City and the Anaheim Union High School District covering the sharing of the paving costs between the School District and the City for the street improvements adJacent to the Junior High School at the southwest corner of Orange and Grindlay Streets. It was moved by Councilman McCarney, seconded by Councilman Gorzemln, and unanimously carried, to approve the subject Agreement between the City and the Anaheim Union High School District and authorize the Mayor to sign and City Clerk to attest the subject agreement. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT= 0 COUNCILMEN| Gorzeman, Kanel, McCarney, Wright, and Noe None None SALE OF .SUMP AREA ~.ARTH: A report dated April 8, 1965, was presented from the City Manager, stating that during the Staff study of the value of the earth to be removed from the proposed sump area for Drainage District 2-A, the City was contacted by the Jamesway Excavating Company, requesting permission to purchase 1,000 yards of earth from the somp area. The Jamesway Excavating Company was granted permission to move this earth at 15¢ per yard subject to the approval of the s ale by the City Council. It was moved by Councilman McCerney~ seconded by Councilman Gorzeman, and unanimously carried to authorize the sale of approximately 1~000 yards of earth at 15¢ per yard from the proposed s~unp area located at the northwest corner of Ball and Denni to the Jamesway Excavating Company~ 3253 West Be11 Road, Anaheim, and further to authorize any future requests for the sale of this earth at the same price. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzaman, Kanel, McCarney, Wright, and Noe None None EXTENSION OF TIME ON BALL ROAD BRIDG.~ WI~ING PROJECT, ~eH~F,P, NO~ 19.7= A report dated April 8, 1965, was presented from the City Manager concerning the desirability of extending the time for the widening of the Ball'ROad Bridge over the Carbon Creek Channel until such time as the widening of the Valley View Street bridge is schedule~, in order to obtain a better contract price through obtaining bids on both · the projects at the same time. Following discussion concerning the urgency of the Ball Road Bridge widening, it was moved by Councilman Kanels seconded by Councilman Wright, and unanimously carried, to instruct the City Manager to request a one-year extension of time for the construction of the Ball Road Bridge improvement, which would amend the Memorandum of Agreement for Arterial Highway Project No. 197. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kenel, McCarney, Wright, and Noe None NOne ACCEPTANC~ OF PUM.P STATIONI LOT 235~ TRAC~. NO~ 3955: A teNoft dated April 8, 1965, was presented from the City Manager, stating that Lot 235 of Tract No. 3955~ which is a pump station lot, has never been formally accepted by the City, and for this reason t~x charges on this property have been accruing since Council acceptance of the public improvements in 1962. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 569 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING DEDICATION OF LOT 235 IN TRACT NO. 3955, AND AUTHORIZING THE RECORDATION THEREOF, April 12, 1965 The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUN=ILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: Ngne COUNCILMEN: None DEMOLI~IO~ O~, ~O.~.~RCIAL BNILDING WEST OF },6~ LI~CO.LN AVENUE: A report dated April 8, 1965, was presented fr~n the City M~ with reference to the relocated commercial building located to the west of 5641Linceln Avenue. Since no effort has been made by the owner to improve the building, the Building Department has obtained bids for the demolition of the building. The City Attorney advised that if the Council desires to have the building demolished, such action would be taken under the previously authorized court Judgment, which would provide that the cost of the demolition would become a lien upon the property. In answer to a question from Councilman Gorzeman, the Building Superintendent stated that he has personally conducted inspections of the building and has outlined to Dr. Anderson,~e owner of the Building, the required improvements to bring the building up to minimum code requirements, It was moved by Councilman Gorzeman and seconded by Councilman Kanel to s~ard the bid for demolition of the commercial building at the west of 5641 Lincoln Avenue to Merrif ield Excavation Company in the mount of $665.00, However, prior to ~oting on this motion further discussion was held. The City Attorney stated that a court Judgment was entered against Dr. Anderson for improvement of the building in May of 1964 and there is a limit on the period of effectiveass s of the Judgment, which will expire in May of 1965, as well as the bonds for the improvements, and advised the Council that if it intends to foreclose on the bonds, it must bring an action prior to the middle of May. Mayor Noe suggested the possibility of advising both Dr, Anderson and the owner of the property by registered mail that the City Council is considering the demolition of the building. Following further discussion, Councilman Gorzeman withdrew his motion and Councilman Kanel withdrew his second to the motion. It was further moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to direct the City Manager to send a registered letter to Dr. Anderson and the property owner notifying them that if the improvements to the building and property locatel to the west of 5641 Lincoln Avenue, Cypress, are not either completed or guaranteed to be completed to the s atisfaction of the City Building Superintendent by the April 26th 1965, City Council meeting, the City Council will be prepared to consider the acceptance of bils which have been obtained by the Building Department for the demolition of the subject building. The following roll call vote was taken: AYES: 4 COUNCILMEN: Gorzeman, Kanel, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: McCarney DRAINAGE DISTRICT 1-A REIMBpRS.M~ENT AGREEMENT--ROBERI ~. GRANT .AND COMPANY: A report dated April 1, 1965, was presented from the City Manager, stating that the City has received a request for reimbursement of drainage fees paid by the Robert H. Grant Company for Final Tract Map No. 5704 in accordance with the Drainage District 1-A Reimbursement Agreement between the City of Cypress and the Robert H. Grant Company, It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to authorize the refund of $6,015.39 to the Robert H. Grant Company from Drainage District 1-A funds pursuant to tt~ Drainage Reimbursement Agreement between the City of Cypress and the Robert H.Grant Company approved on June 2~, 1964. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Karl, McCarney, Wright, and Noe None None April 12, 1965 CERTIFICATION OF _EMPLOYMENT LIST FOR BUILDING _I~SP~TOR: A report dated April 7, 1965, was presented from the City Manager, ~utlining the results of an ex~nination conducted for the position of Building Inspector. It was moved by Councilman Gozzeman, seconded by Councilman Wright, and unanimously carried, to certify the employment list for Building Inspector as submitted. THIRD qUARTER REPORT OF REVENUES AND EXPENp. ITURES: A report dated April 9, 1965 was presented fr'o~ %~e City M'anagar, transmitting the third quarter Statement of Receipts and Expenditures through March 31, 1965. The report further recommended that the City Council transfer monies from the Water Department fund into the General Fund and further provide an appropriation for the Library cons truction. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to receive and file the Third Quarter Statement of Revenues and Expenditures, It was m~ved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to authorize the transfer of $54,083.90 from the Water Department Fund to the General Fund of the City. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None It was further moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to appropriate $78,000.00 from the Reserve for Capital Improvements to the Library Construction Project account. The following roll call vote was taken: AYES: 5 COUNCILMEN: N OE S: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None SECOND READING ORDINANCE AMENDING ORDINANCE NO,. 77~ RE: LABOR AND MATERIALS BONDS: It was moved by Councils'an Wright, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO, 260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 77, THE SUBDIVISION ORDINANCE, AN AMENDED BY ORDINANCE NO, 209 It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance be adopted. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe N~ae None SECCND READING ORDINANCE APPROVING HOFF~AN ANNEXATION: It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED "HOFFMAN ANNEXATION" TO THE CITYq~ CYPRESS It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance be adopted. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe Nune None April 12, 1965 RESOLUTION COMMENDING MR~ VINCENT LI DEV~NEY FOR HIS SERVICE AS CY~RE~ CITY TREASURER: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the folioring Resolution be adopted, title as follow.' RESOLUTION NO. 570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR. VINCENT L. DEVANEY FOR HIS SERVICE AS CYPRESS CITY TREASURER. .RESOLUTION ADOPTING OFFICI=A.L r~ITY SEAL: It was moved by Councilman Wright, seconded by Cotmcilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows.' RESOLUTION NO. 571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING THE OFFICIAL CITY SEAL RESOLUTION ALLOWING C~AINS A~D V~NDS NOS: .11.0~ THOU...1.~075 ~P.~Z~OLL~: It was moved b~ Coun"c'ilman Gorzeman, seconded by Councilman Wright, and unm~imously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 572 A RESOLUTION OF THE CITY ~ CYPRESS ALLOWING CERTAIN CLAIMS A~D DEMANDS NOS. 11025 THRU 11075 The following roll call vote was taken: AYE.S: 5 COUNCII~EN: Gorzeman, Kanel, McCarney~ Uright, and Noe ~OES: 0 COUNCILMEN: None ABSENT .' 0 COUNCrI2~EN'.': None RESOLUTION ALLOWING CLAIMS AND DENANDS MOS. 11077 TNRU 11127 <PAYROLL>: It [ [ [ [ [ [ [[ ~ [ [ [ [ [ [ [ [ II [[ [[ [ was moved by Councilman Gorzeman, seconded by Councihan K~el, and unanimously carried, the followinS Resolution be adopted, title as £ollows: RESOLUTION NO. 573 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAI~ CHAINS A~D DEMANDS NOS. 11077 THRU 11127 The following roll call vote was taken: AYES: 5 COU~CILNEN: Gorzeman, Kanel, McCarney, Wright, and NOES: 0 COUNCILMEN: None ABSENT; 0 COUMCILMEN: None RESOLUTION ALLOWING CLAIMS A~D DEMANDS NOS.:.. 11076 AND 11128 TH.RU 11212 <CO~ERCIAL WARRA~TS>~ It was moved b~ Councilman McCavney, seconded by Councilman Gorzeman, and unat~imous17 carried, the following Resolution be adopted, title as follows: RESOLUTION ~0. 57~ A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS A~D DEMANDS NOS, 11076 A~D 11128 THRU 11212 The followin~ roll call vote ~as AYES: 5 COU~CIII~EN.' (~orzem~n, Kanel, ~cCarney, Wright, and NOES .' 0 COUNCILMEN: None AB SENT: 0 COUNCI L~EN: None April 12, 1965 RECOMMENDATION TO ALLOW CITY MANAGER TO TAKE ADDITIONAL ACTION ON BEHALF OF THE CITY QpU~,,CILI Councilman McCarney suggested the possiblity of the City Manager being allowed to act on behalf of the City Council on some of the items which are presented for City Council action. With reference to this matter, the City Manager advised that other cities have adopted a policy that matters dealing with legislation are handled directly by the City Manager, who in turn reports his action to the City Council. No further action was taken concerning this matter. ORAL CCMMUNICATIONS: Mr. Carl De Pietros 10301 Sande Street, Cypress, addressed the Council, recommending that some means of traffic control be installed in the area of the new Cypress Branch Library. The City Maa4~er infozmed Mr. De Pietro that this matter had been referred to the Police Chief and Public Works Director for report. A motion was made by Councilman Kanel, seconded by Councilman Gorzemane and unanimously carried~ to instruct the City Attorney to obtain the necessary information concerning setting a compensation for Planning Cemnissioners, and also to investigate what would be required to set a nominal fee per Council meeting fo~payment of the City Councilmen. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Gorzeman, seconded, and carried, the meeting adjourn at 12:28 a.m. ATTEST: ~ ~/'ClT~f ~LERK ./ April 12, 1965