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HomeMy WebLinkAboutMinutes 65-04-26MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD April 26, 1965 The Cypress City Council held a regular meeting on April 26, 1965, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 7:30 p.m. Mayor Frank P. Nee presiding. PRESENT: McCarney, Wright, and Nee ABSENT: Gorzeman and Kanel Also present were City Manager/City Clerk Dartell Essex; City Attorney James Erickson; Administrative Assistant Dartell Dalton; Building Superintendent Thomas Nudson; Public Works Director Harold Neu; Police Chief O.C. Foster; and Secretary of the Planning Cv~ission George Putnan. MINUES$ It was moved by Councilman Wright, seconded by Councllm~n McCarney, and unanimously carried, the min,~n of the meeting of April 12, 1965, be approved as mailed, ORAL COMMUNICATIONS: Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the Council, requesting that the Public Works Department re-open the drain at Walker and Orange in order to allow for better drainage in front of his property. COUNCILMAN GORZEMAN ARRIVED AT 7:32 P~M. AND TOOK HIS CHAIR ON THE PODIUM Mr. Jmnes Duncan also stated that the fly problem i s increasing and inquired as to why the Fly Ordinance is not being enforced. COUNCILMAN KANEL ARRIVED AT 7:34 P.M. AND TOOK HIS CHAIR ON THE PODIUM The City Manager advised Mr. Duncan that he could contact the Health Department and ask that they investigate the fly problem. Mr. Duncan stated that the fly problem is partly due to the adjacent dairy spreading water, which stands for days and breeds flies, and requested that the City staff contact the Health Department with reference to this problem. Mr. Fred Dully, 9787 ROme Street, Cypress, addressed the Council, stating that there is am extreme fly problem in ~s neighborhood resulting from the adjacent chicken ranch. With reference to the subject chicken ranch, the City Manager advised that the Health Department has conducted investigations on the subject ranch. The City Manager advised Mr. Duffy that he would contact the Health Department concerning these prob leas, PRESENTATION OF PLAQUE AND RESOLUTION TO FORMER CITY TREASURERe VINCENT L, DEVANEY: The City Manager read in full Resolution No. 570, Commending Mr. Vincent L. Devaney for his service as Cypress City Treasurers Mayor Nee presented a copy of this Resolutions along with a City Plaque, to Mr. Devaney. Mr. Vincent L. Devaney addressed the Council, expressing his appre clarion for the City Council's c~.endation. PUBLIC HEARING RE: ZONE CHANGE NO~ Z-134 {FLYNNm MCBRIENm AND SCALLY): The Mayor announced this was the time and place' for the Public Hearing to consider an application for amendment to the Zoning Ordinance No. 90 to change the zone from R-i (One-family Residential) to C-I (Neighborhood Stores) en property generally located at the southwest corner of Orange Avenue and Juanira Street, requested by Clinton H. and Ruth R. Flynn, Frederick R. & Suzanne I. McBrien, and Lola A. Scally, 1101 West North Streets Anaheim, California, known as Zone Change No. Z-134. The City Manager read Planning C,,~,,ission Resolution No. 249, recommending denial of the subject Zone Change application. April 26, 1965 353 The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed use. Mr. Richard L. Owen, acting as Agent for the applicants, addressed the Council, stating that the application was slightly pre-mature since the Jum~or College District has not yet made a decision as to the location of its entrances and exits. Mr. Owen indicated that when such a decision is made, the subject property would properly be zoned C-l, and requested that the City Council table this matter until the time when such a decision is reached. In answer to a question from Councilman Kanel, the City Manager indicated that it would probably be two years before the entrance and exit locations are determined for the Junior College. A motion was made by Councilman McCarney to continue the Public Hearing On this matter for two years, however, the motion died for lack of a second. The City Attorney advised the Council that~it~co~ld continue the public hearing for two years, however, the applicant could treat the inaction of the Council as a disapproval of ~he application. Councilman Kanel stated that he felt the application should be denied since the time period is so great. There being no oral protests and no written cormmunications, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to concur with the recomendation of the Planning Commission and ~ny Zone Change No. Z-134. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: APPEAL OF ZONING DETERMINATION NO. 65-2 HE: DAIRY SALES AND BOTTLING PLANT IN C-2 ZONE (VAN DEN RAADT): The Mayor announced this was the time and place for the Public Hearing to consider an appeal requested by John and Mary T. van den Raadt of the decision of the Cypress Planning Commission on Zoning Determination No. 65-2, to determine if a dairy sales and bottling plant may be located in the C-2 (General Commercial) zone, requested by John van den Raadt and Mary T. van den Raadt, 16605 Norwalk Boulevard, Artesia, California. COUNCILMAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUM SINCE HIS PROPERTY WAS INVOLVED IN THE SUBJECT MATTER. The City ~anager'ladvised that the Planning Commission had denied the subject Zoning Determination and read in full the appeal as submitted by Mr. and Mrs. van den Raadt. The Mayor declared the Public Hearing open a~d asked if anyone in the audience wished to speak In favor of the appeal. Mr. Paul Bell, 1807 West Katella, Anaheim, Attorney representing the applicants, addressed the Council, and introduced Mr. Barnhart of the Dairy Queen Company. Mr. Bell stated that the cows involved in the making of the milk have nothing to do with the Public Hearing on this matter, and that the appeal is merely to determine if a dairy sales and bottling plant can be included in a C-2 zone. Mr. Bell indicated that the Zoning Ordinance provides for both retail bakeries and retail dairies in the C-1 zone, but in the C-2 zone encompasses a bakery, including the preparation and sale of baked goods, employing not more than ten employees, and fails to mention anything concerning a dairy. He stated that he had contacted the individual who had prepared the Zoning Ordinance, who indicated that this use had not been intentionally omitted. Mr. Bell presented to the City Council a statement signed by five businessmen located adjacent to a similar establishment, said Statement indicating that the dairy processing plant is not obnoxiuus or detrimental to their cormnercial establishments. April 26, 1965 In answer to an inquiry from the City Attorney, Mr. Bell stated that Mr. Phil Barnhart, also associated with the Dairy Queen Company,.had secured the signatures on this statement from persons residing within 300 feet of said establishment. Mr. Bell also displayed a rendering of the dairy sales and bottling plant proposed for Cypress, and further requested permission to show weveral slides depicting a bakery located in a C-2 zone and a milk processing plant. Following the showing of these slides, the City Attorney inquired as to the name and location of the bakery and dairy shown in the slides. Mr. Phil Barnhart indicated that the dairy shown was the Dairy Queen, 8035 Valley View, Buena Park, and that there were two bakeries, both located in Orange County shopping centers, and employing from three to four employees. Mr. Paul Bell further addressed the Council, stating that ha recently visited the Dairy Queen operation in-.Buena Park and witnessed the fact that the operation is very quiet. He also stated that if the City Council determines that ush a use may be allowed in the C-2 zone, the applicants would then have to submit their plans to the Planning Commission for approval. In answer to a question from the Chief of Police concerning the loading of trucks, Mr. Barnhart stated that his Company does not have home delivery, but does serve several outlets and they have bottles on the premises. The Mayor asked if anyone in the audience wished to speak in opposition to the subject appeal. Mrs. Bernice Brown, 1134 West Greendale, West Covina, owner of the ]10 ~cres adjacent to Mr. Gorzeman's property addressed the Council, stating that she feels a dairy sales and processing plant would not be a proper use in a C-2 zone, stating that i would cause noise and congestion. Mrs. Brown also inquired if there would be cows located adjacent to the processing plant. Mr. Paul Bell addressed the Council, stating that Mr. Barnhart of Dairy Queen is not going to raise cows. Mr. Barnhart also addressed the Council, stating that he would not have cows on the property to be used as the dairy sales and bottling plant. Mr. Lindboom, owner of the Cypress Drive-In Dairy, addressed the Council, stating that there are three drive-in dairies in the City now, and that the people residing adjacent to the dairies now are complaining about the flies. Mr. Lindboom also questioned as to where the milk will be obtained. Mr. James Duncan, 9582 South Walker, Cypress, addressed the Council, inquiring as to the size of the proposed operation. In answer to this question, Mr. Barnhart indicated that the p~oposed establishment would be 150' x 150'. Mr. Duncan stated that he is concerned about where the milk supply will be coming from and indicated that tank trucks using Walker Street at night are quite annoying to him. Mr. John Bylsma, owner of the Trojan Dairy, addressed the Council, stating that he cannot understand how the proposed operation would profit in this vicinity as there are plenty of dairies at the present time. In rebuttal to the comments made in opposition to the subject appeal, Mr. Paul Bell stated that he feels an attempt has been made to limit the competition in t~ dairy business. Mr. Barnie Barnhart addressed the Council, stating that the milk will be brought in by tank ~rucks and pumped into the processing room. Mr. Lindboom again addressed the Council, questioning whether the mi~ will be brought in or obtaieed from cows located adjacent to the operation. The City Attorney advised that the law requires the Council limit its considera- tion to the dairy processing plant, but that he felt it would be a material consideration to determine whether there is going to be production of milk by milking cows in conjunction with the total operation. He further outlined the consideration before the City Council at this time and advised thatthe testimony that the operation would not be economically justified should be disregarded since this is not the type of consideration the Council is authorized to give. He further cautioned the Council against placing too much emphasis on the slides shown. April 26, 1965 355 In answer to a question from Councilman Kanel, the City Manager stated that the staff had recommended that the dairy sales and processing plant not be a use allowed in the C-2 zone, and further outlined the reasons for the staff's recommendation in Staff Report PC#65-30. Mr. Paul Bell addressed the Council, stating that the Staff's recommendation was the primary consideration~ the Planning Commissions' decision on this matter, and further pointed out that the request was for a determination concerning the C-2 zone, not the PD zone. With ~eference to this statement, City Manager stated that in writing the staff's recommendation, it was understood that the reqeust was concerning the C-2 zone. the In answer to an inquiry from Councilman Kanel, the City Manager reported that the economic study of the area surrounding the Civic Center should be completed prior to the next Council me~ting. There being no further oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel and seconded by Councilman Wright to continue this matter until the report on the Economic Research Associate's study is available. Prior to voting on this matter, the City Attorney advised that if the prupose of continuing this matter was to receive additional evidence, the Public Hearing should be re-opened. Upon this advice, Councilman Wright withdrew his second and Councilman Kanel withdrew his motion. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to re-open the Public Hearing for the appeal of the Planning Cor~mission's decision on Zoning Determination No. 65-2. It was further moved by Councilman Kanel, seconded by Councilman Wright, and carried, to continue this matter until the next meeting, when the report on the Economic Research Associate's commercial study is available for City Council consideration. The following roll call vote was taken: AYES: 3 COUNCILMEN: Kanel, Wright, and Noe NOES: 1 COUNCILMEN: McCarney ABSENT: 1 COUNCILMEN: Gorzeman COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE:~ APPLICATION FOR TRANSFER OF LICENSE, JACK & WILFRED GLATT, 4612 LINCOLN: The City Manager presented a communication from the Alcoholic Beverage Control Board, notifying the City of a request for transfer of the on-sale license from Billy J. Stovall to Jack M. and Wilfred Glatt, 4612 Lincoln Avenue, Cypress. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, this communication be received and filed. COMMUNICATION FROM STATE HIGHWAY TRANSPORTATION AGENCY RE: LOS ANGELES REGIONAL TRANSPORTATION STUDY: The City Manager presented a communication dated April 5, 1965, from the State Highway Transportation Agency requesting that the City Council designate a member of the City Council to represent the City on the Area Coordinating Committee of the Los Angeles Regional Transportation Study. Mayor Noe stated that he would like to appoint Councilman Martin McCarney to represent the City on this Committee. Councilman McCarney indicated h~ would accept the appointment if he would be reimbursed for his expenses. The City Attorney advised that all actual and necessary expenses incurred could be reimbursed by the City. The City Council unanimously concurred in Mayor Noe's appointment of Councilman McCarney to the Area Coordinating Committee of the Los Angeles Regional Transportation Study. COMMUNICATION FROM CITY OF REDDING RE: ASSEMBLY BILL NO. 1218 RE: PURCHASE OF REVENUE PRODUCING FACILITIES BY LOCAL AGENCIES: The City Manager presented a communication dated April 6, 1965, from the City Redding, transmitting a Resolution supporting the enactment of Assembly Bill No. 1218 which allows local agencies to purchase revenue-producing facilities by means of a contract of purchase. It was moved by Councilman Kanel, seconded by CounCilman Wright, and unanimously carried, to direct the City Manager to indicate support of Assembly Bill No. 1218 to the local legislators. April 26, 1965 COMMUNICATION FROM ORANGE COUNTY FIREMEN'S ASSOCIATION RE: PROCLAMATION OF "ORANGE COUNTY FIREMEN'S DAY": The City Manager presented a communfdation dated April 12, 1965, from the Orange County Firemen's Association, requesting the City Council to adopt a proclamation supporting the Fourth Annual California Fire Show to be held on June 5, proclaiming this day as "Orange County Firemen's Da~ It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to grant this reqeust, whereupon Mayor Noe proclaimed June 5, 1965, as "Orange County Firemen's Day". COMMUNICATION FROM MIDWOOD DEVELOPMENT COMPANY RE: RETURN OF WATER CONTRACT ASSIGNMENT FOR TRACT NO. 5166: The City Manager presented a communication dated April 13, 1965, from Mr. B. L. Mas~Dpaolo, General Manager of Midwood Development Company, requesting the City to return the Water Contract assigned to the City for Tract No. 5166, located at the northeast corner of Cerritos and Bloomfield, to the original owner, Midwood Development Company, since the City was unable to furnish this tract with water as originally agreed. The City Attorney advised the Council that it could not give the contract to the Midwood Development Company without some type of compensation to the City. The City Manager suggested that a reasonable value of the contract might be 50% of the amount that could be secured from the immediate sale of the contract, which would help to offset the City's legal and administrative expenses involved in the negotiations for the water contract assignment. Mr. B. L. Mast~opaolo, representing the Midwood Development Company, addressed the Council, explaining the request of his Company and the value of the Water contract. He also emphasized that his Company had worked coooperatively ~ the City in the proposed development of a Municipal Water Department. The City Attorney advised that the fair value of the water contract must be determined by the City Council and stated that the expenses that have been incurred in obtaining this contract can be an element in determining this amount. Following discussion concerning this matter, it was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to continue considera- tion of this matter until theregular meeting of May 10, 1965, in order to allow time for the Mayor, City Manager, and City Attorney to meet with the Midwood Development Co. concerning this matter. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: ~ COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman COMMUNICATION FROM CITY OF SANTA MONICA RE: ASSEMBLY BILL NO. 2050 RE: SANTA MONICA CAUSEWAY: The City Manager presented a communication dated April 13, 1965, from the Mayor of the City of Santa Mo~ica, transmitting a Resolution supporting Assembly Bill No. 2050 concerning the construction of an offshore causeway. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. COMMUNICATION FROM CITIES OF SAN CLEMENTE AND FOUNTAIN VALLEY RN: OPPOSITION TO ASSEMBLY BILL NO. 1799 RE: STATE REGISTRATION OF SURFBOARDS: The City Manager presented communications from the cities of San Clemente and Fountain Valley, transmitting resolutiomsopposlng Assembly!~Bill No. 1799, which proposes policing of surfers using City beaches and State licensing of surfboards. The City Manager reconunended this legislation be opposed because it would pre-empt local agency control and authority in beach areas within incorporated cities. It was moved by Councilman Kanel, seconded by Councilman Wright, and unamimously carried, to instruct the City Manager to inform the local Legislators that the City Council opposesAssembly Bill No. 1799. April 26, 1965 COMMUNICATION FROM DELOY C. OLSEN. C~._U,R..6~.. OF. L~.T~ER~-PAY SAINTS RE~ PAINTING OF HOUSE .NUMB.ER.S ON .CURBS: The City Manager presented a c~unication dated April 13, 1965, from Mr. Deloy C. Olsen, representing the Cypress Ward of the Church of Jesus Christ of Latter Dw] Saints, requesting City Council permission to paint house numbers on curbs throughout the City on May 1, 8, and 15, 1965. It was moved by Councilman Wright, seconded by Councilman Kant1, and unanimously carried, to approve the request for painting house numbers on curbing as out- lined in Mr. Olsen's co~.nunication. C.ONSIDERATION OF TENTATAVE TRACT MAP NO..5930..<,BEAR STATE BpILDERSs I~..C): The City Manager stated that Tentative Tract Map No. 5930, consisting of 5 acres, 21 R-3 lots, located at the westerly end of Camp Street between Denni and Moody, requested by Bear State Builders, Inc., had been continued at the last City Council meeting in order to allow time for the staff, City Attorneyt and applicant to resolve several problems. Mr. Donald Reagan, 1010 North Main, Santa Aria, representing the applicant, addressed the Council stating .that he h~d met with the City Attorney and Administrative Assistant and had worked out solutions to the problems 6n this Tract Map. The City Attorney reported on the most feasible solution to the problem of securin8 the installation of the required street improvements, suggesting that the developer dedicate the six feet which he owns on Cmnp Street, and the eight feat on Gregory Streets and record a lien on Lot 21, providir~ thatkhen Lot 21 or any portion of it is developed, the developer will pay for one-half ~he cost of improvement of Gregory Street and will pay for the cost of the curb, gutter, and sidewalks on Camp Street. Mr. Reagan again addressed the Council, stating that Bear State Builders would accept this solution and expressed his appreciation for the starfee cooperation on this matter. Mr. Frank Horpel, representing Bear State Builders, Inc., addressed the Council, explainir~ the policies of ~ls lending company with ~eference to the property in Tentative Tract No. 5930. Discussion was held concerninS the need of requirin8 the sidewalk on Csfa~ Street, the dedication of Lots A and B of the Tentative Tract Map, and the possibility of a "half" street on Gregory. It was moved by Councilman Wright, seconded By Councilman McCarney, and unanimously carried, to approve Tentative Tract Map No. 5930 subject to the following conditions: 1. The property be annexed to the City of C~ress within a one-year period. 2. An application be made for a Variance allowing a reduction of lot size, upon completion of the annexation proceedings. 3. The drainage fees be paid as required by the Subdivision Ordinance. Lot A and Lot B as indicated on the map shall be offered for dedication on the final map. 5. Lot A shall terminate at the easterly property line of Lot 5. 6. Lots 1 through 5 shall be apportioned the difference in lot width from the southerly to the northerly tract boundaries. 7. Dedication and full s tree, improvements for Julie Beth and Ethel Streets are required and the improvements shall be to City Standards. 8. Lot 21 shall be graded to building pad elevations. 9. Dedicate the street right-of-way owned by the developer on Camp Street. 10. Dedicate the eight feet on Gregory Street. , April 26, 1965 Record e lien on Lot 21, providing that when Lot 21 or any portion of it is developeds the developer will pay for oae-half the. cost of the street improvementss including curbs gutter, and sidewalk on Gregory Street and will pay for the cost of the curb, gutter, and sidewalk on Cmnp Street, 2. Construction of a 6-foot block well alor~ the north boundary of the tract except at the end of Ethels Julie Beth, m~d Gregory Streets, at which location a 6-foot redwood fence shall be constructed. The following roll call vote was taken: AYES: 4 COUNCILMEN: Ka~e~ McCarney, Wright, and Nee NOES: 0 COUNCILMEN: N one ABSENT: 1 COUNCILMEN.: Gorzeman CONSIDERATION OF DEMOLITION OF COb~4ERCIAL ~UILDING WEST OF 5641 LINCOLN AVENUE: The City Manager stated that consideration of the demol'i~ion of the cermnercial buildin8 to the ~est of 5641 Lincoln Avenee, Cypress, had been continued until this time in order to allow time for a Registered Letter to be sentW the owner advising him of the possible demolition of the building. He also indicated that the City had received the return receipt for the registered letter sent to Dr. Anderson. It was moved by Councilman Kanels secGnded by Councilman McCarneys and carried, to approve the demolition of the eixmaercial building located to the west of 5 641 Lincoln Avenue, Cypress, The following roll call vote was taken: AYES: 3 COUNCILMEN: Kane~ McCarney, and Wright NOES: 1 COUNCILMEN: Noe ABSENT: 1 COUNCILMEN: Gorseman It was further moved by Councilman Kanel, seconded by Councilman McCarney, and carried, to award the bid for demolition of the building to Merrlfield Excavation Company in the mnount of $665.00. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: I COUNCILMEN: ABSENT: 1 COUNCILMENW Kanel, McCarney, and Wright Noe Gorzeman APPOINTMENT OF CITY~tEASURER: Mayor Noe stated that there was a vacancy in the position of City Treasurer and requested that the appointment of a new City Treasurer be continued in order to allow additional time to check out the background of several applicants. It was moved by Councilman Kanels seconded by Councilman Wright, smd unanimously carried, toi:continue the appointment of City Treasurer until the regular meeting of May 10, 1965. EXCLUSION OF PROPERTY IN CITY pF CYPRESS FRCM .C~.,P,R~,SS. LIGHTING DISTRICT OF ORANGE COUNTY: A report dated April 22, 1965, was presented from the City Manager, stating [fiat Resolution No. 531 adopted on November 23, 1964, request- ing exclusion of property within the City from the Cypress Lighting District of Oralge County was defective. A new Resolution declaring the exclusion, rather than requesting the exclusions has been prepared by the Orange County Coonsel's Office. The report further stated that the City will not be able to initiate a City-wide plan for street lighting assessments on an ad valoren basis until the 1966-67 fiscal year and recce~nended that the City enter into a 3oint Powers Agreement with the County providing for the collection and payment of lighting for the de-annexed portion of the Orange County Lighting District until July 1, 1966. It was moved ~by Councilman Kanels seconded by Councilman Wrigh~s and unanimously carried, the followin~ Resolution be adopted, title as follows: RESOLUTION NO. 575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS EXCLUDING THAT PROPERTY GENERALLY DESCRIBED AS NORTH OF ORANGE AVENUE BETWEEN DENNI STREET AND VALLEY VIEW STREET WITHIN THE CITY OF CYPRESS FROM THE CYPRESS LIGHTING DISTRICT OF ORANGE COUNTY. April 26, 1965 The fol lowing roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: K~mels McCarney, Wrights and Noe None Gorzeman It was further moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to instruct the City Manager to request the Board of Supervisors to prepare a Joint Powers Agreement providing for the collection and payment of lighting for the de-annexed portion of the Orange County Lighting District until July 1, 1966, The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman COUNCILMAN GORZEMAN RETURNED TO THE MEETING AT 9:45 P.M. AND TOOK HIS CHAIR ON THE PODIUM. CERTIFICATION OF EMPLOYMENT LIST FOR PUBLIC WORKS DIRECTOR: A report dated April 2, 1965, was presented from the City Manager, setting forth the results of an examination for the position of Public Works Director. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to certify the Employment List for Public Works Director as submitted. STREET MAINTENANCE PERSONNEL: A report dated April 22, 1965, was presented from the City Manager, outlining the increased activities of the Street Maintenance Department and the need for additional personnel. The report further recommended that the overtime hours of the existing personnel in the Street Maintenance Department be reduced to 16 hours for each person, with an authorization to pay the additional overtime hours. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to authorize tbaestabltsbament of an additional Street Maintenance Man position. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzem~n, Kanel, McCarney, Wright, None None and Noe It was further moved bX Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to authorize the payment of overtime hours to the Street Maintenance Employees for all hours in excess of 16 for each employee. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None INCREASE IN SALARY SCHEDULE FOR J.UNIOR CIXIL ENGINEER: A report dated April 22, i965',' Was presented from the City Manager, stating that a review of the salaries of positions comparable to the City's position of Junior Civil Engineer indicates that the City's salary range is below the average of most cities, and this may be the reason for several unsuccessful attempts to recruit a Junior Civil Engineer. The City Manager recommended that the salary range for this position be changed from Schedule 14 to Schedule 15. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to authorize an increase in range for the position of Junior Civil Engineer from Schedule 14, $591 - $734 to Schedule 15, $624 - $775 per month. The follo~rlng roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None A~.~EPTANCE OF IMPROVEMENTS AND....REL~.ASE OF BONDS, ~RACT NO. 4994, .L..ARWIN COMPANY: The City Manager stated. that after the Public Works Inspector had completed the final inspection of the ~mprovenents in Tract No. 4994 and recommended their acceptance, tba City had received a c~.~unication dated April 22~ 1965, from the Lomar Corporation~ advising that the Lomar Corporation has not beeen paid in full for their performance 6n a portion of Tract No. 4994. The City Manager elso presented a communication dated April 23, 1965, from the Attorney for the Larwin Company with reference to this matter. April 26, 1965 The City Attorney recommended that consideration of this matter be continued until the next regutar meeting in order to allow htm time to review the claim of the Lcmar Corporation. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to continue consideration of this matter until the meeting of May 10, 1965. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BCNDSI TRACT NO~ 4399m S~V? HUNSAKER: A report dated April 22, 1965~ was presented from the City Manager, stating that the Public Works Inspector has completed a final inspection of the Public improvements for Tract No. 4399, south of Cerritos-, west of Holder~ developed by the S. V. Hunsaker Company, end the Public Works Director has recommended It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to accept the subject improvements and euthorize the City Clerk to release the bonds for Tract No. 4399. The followin8 roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarneye Wright~ and Nee None None MONTHLY ,ACTIVITY REPORT FOE MARCH .~.9..651 It was moved by Councilman Gorzeman, seconded by Councilman Kanel~ and unanimously carried, the Monthly Activity Report for March 1965 be received and filed. RESOLUTION ALLO~ING CLAIMS AND DEMANDS NOS~ ll213..TH.RU. 11363 (P.~yRQLL): It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 576 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 11213 THRU 11263 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Nee None None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS~ 11264 THRU 11295 (COMMERCIAL WARRANTS): It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 577 A RESOLTUION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 11264 THRU 11295 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman~ Kanel, McCarney, Wrtght~ and Nne None None TIME OF CITY COUNCIL MEETINGS: The City Manager stated that as a result of investigating various extensions of the Brown Act which are being considered by the' State Legislature at this times the City Attorney has prepared an Ordinance concerning the meeting ~ime of the City Council meetings. The proposed Ordinance provides that Clt7 Council meetings shall be held in two sessions~ the first commencing at 3100 p.m. and recessing not later than 6:00 p.m. and the second session commencin~ at 7:30 p.m. All Public Hearings would be heard at the 7:30 p.m. session. The City Attorney pointed out that by having one session at 3100 p.m. many of the routine Council actions wb~ch are not of interest to the general public could be acted upon prior to the evening session. He else reviewed various legisla- ~ive actions pending concerning the Brown Act. Councilman Kanel stated tharhe felt the public should be made aware of the items to be discussed in the afternoon sessions. Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the Council, inquiring as to the location of the afternoon meetings. The City Attorney advised that all sessions would be held in the City Council Chmbers. Discussion was held concerning the preparation of the City Council agendas, with reference to the possibility of having the agendas prepared earlier to allow publication in the newspapers prior to the City Council meeiings. A motion was made by Councilman Gorzeman, and seconded by Councilman Kanel to continue consideration of this matter until the next regular meeting; however, after discussion, CounciLman Kanel withdrew his second and Councilman Gorzemanvs motion died for lack of a second. It was moved by Councilman HcCarneys 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 OF CYPRESS DESIGNATING THE TIME AND PLACE OF THE MEETINGS OF THE CITY COUNCIL AND REPEALING' ORDINANCES NO. l, 6, 79, 134, 155, AND 225 It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, this Ordinance pass its first reading. 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 Kanel, seconded by CoUncilman McCarney, and unanimously carried, to instruct the City Manager to prepare a procedure for informing the local newpa~ers of the highlights of City Council agendas and to prepare an Ordinance concerning rules and regulations for City Council mee rings. RESOLUTION .I,NIT~ATING. PROCEEp~.NGS FOil WATSO~ ANNEXATION: The City Manager presented a Resolution concerning initiation of annexation proceedings for certain uninhabited territory know~ as the Watson Annexation to the Cit7 of Cypress. In answer ~o a question from Mayor Noe as to whether he should vote on this matter since he owns property in the area to be annexed, the City Attorney advised that he could vote on this Resolution, but not the Ordinance and Resolution approving the annexation. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carrieds to adopt the following Resolution, which establishes June 7, 1965, 8:00 p .m. as the time for ~roperty owners to protest said annexation. Title of the Resolution is as follows: RESOLUTION NO. 578 A RESOLUTION DECLARING THePROCEEDINGS HAVE BEEN INITIATED BY TI~ COUNCIL OF THE CITY OF CYPRESS TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED tIEREIN AND DESIGNATED "WATSON ANNEXATION" AND GIVING NOTICE OF THE PROPOSED ANNEXATION. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ~LECTION OF NEW CITY COUNCI~ .OFFICERS: Mayor Noe stated that although there is no City Or~knance setting forth the length of office for the Mayor, that it has been the general policy to elect new officers at the second meeting in April of each year, and for this reason he would like to resign his position as Mayor of the City of Cypress, April 26, 1965 City Clerk Darrell Essex requested nominations for the position of Mayors Councilman Gorzeman nominated Conncilman Frank P. Not for the position of Mayor. It was moved by Councilman Kanel, seconded by Councilman McCarney, and carried, the nominations be closed, It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to cast a unanimous vote for FramkP. Not as Mayor. following roll call vote was taken: The AYES: 4 COUNCILMEN: Gorzeman, Kanel, McCarney, and Wright NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMFN: Not Councilman Gorzeman stated that he would like to ~esign as Mayor Pro-Tern. Mayor Not nominated Councilman Gorzeman for the position of Mayor Pro-Tern. There bein~ no further nominations, the following roll call vote was taken: to elect Councilman Gorzeman as Mayor Pro-Tern. AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: .~.ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright~ and Noe None None PROCLAMATION OF CLEAN-UP WEEK IN TH.E ..CITY OF CYPRESS: The City Manager stated that a c~unication had been received f~om the Cypress Chamber of C~,muerce~ requesting the first week of May be proclaimed as Clean Up Week. Mayor Not granted this request and proclaimed the first week of May, 1965, as "Clean Up Week in the City of Cypress". Councilman Gorzem~n inquired about the staff's study of a Parkway Tree Policy, The City. Manager stated that the study has been completed, however, he had held up presenting it to the Council so that a list of recommended trees, as submitted by the Chamber of Commerce, could be included in the report. Mr. L. J. McBride, President of the Cypress Chamber of Commerce, addressed the Council, stating that the Chamber of Coerce has a Committee made up of well-qualified members which has been studying a tree planting program. The City Mansger stated that the communication from the Chamber of Commerce also made various other recommendations concerning clean-up programs for the City, and advised the Council that the staff is presently considering these projects. RESOLUTIONS. OF CO~'!ENDATION TQ. CYPRESS VOLUNTEER FIREMEN: Councilman Kanel stated that on May 4, 1965, a banquet is being held to honor ~hree Cypress Volunteer Firemen for their years of service to the Fire Department, and suggested that these men be recognized by the City for their service. It was moved by Councilman Kanel, seconded by Councilmen Wright, and unanimously carried, the following Resolutions be adopted, title as follows: RESOLUTION NO. 579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CHIEF A. E. ARNOLD FOR SERVICE ON THE CYPRESS VOLUNTEER FIRE DEPARTMENT. RESOLUTION NO. 580 A RESOLUTION OF ~{E CITY COUNCIL OF ]]IE CITY OF CYPRESS CO}PIENDING MR. EUGENE KELLEY FOR SERVICE ON THE CYPRESS VOLUNTEER FIRE DEPARTMENT. April 26, 1965 P~ESOLUTION NO. 581 A RESOLUTION OF THE CITY COUNCIL OF TttE CITY OF CYPRESS C01,MENDING FRED TAYLOR FOR SERVICE ON THE CYPRESS VOLUNTEER FIRE DEPARTMENT. ORAL CO[R, IUNICATIONS: There were no oral cor~aunications presented at this time. ADJOUI~Mi,~NT: There being no further business to come before the City Council, Mayor Noe declared the meeting adjourned at 10:30 p.m. }~YOR ATTEST: CITI~L~RK /