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HomeMy WebLinkAboutMinutes 65-05-10MINUTES OF TIIE CITY COUNCIL OF TIlE CITY OF CYPRESS HELD May 10, 1965 The Cypress City Council held a regular meeting on May 10, 1965, in the Council Chambers, 5311 Orange Avenue, Cypress, California, at 7:30 p.m., blayor Frank P. Noe presiding. (ity PRESENT: Gorzeman, McCarney, Wright, and Noe A~BSENT: Kane 1 Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Administrative Assistant Darrell Dalton; Building Superintendent Thomas Nudson; Public Works Director Art Schatzeder; Police Chief O. C. Foster; and Secretary of the Planning Conmaission George Putnam. MINUTES: It was moved by Councilman Wrigt~ seconded by Councilman Gorzeman, and unanimously carried, the minutes of the meeting of April 26, 1965, be approved as mailed. ORAL CO~IUNICATIG~S: COUNCILMAN K~NEL ARRIVED AT 7:31 P.M. AND TOOK ttIS CHAIR ON THE PODIUM Mrs. Barbara Robertson, 5212 Marcellm}Avenue, Cypress, addressed the Council and read a prepared statement, which is on file in the Office of the City Clerk, regarding various matters pertaining to the petitions and activities of the "Vote No Committee" for the Special Referendum Election on May 11, 1965. Tile re were no further oral communications at this time. CONTINUATION OF PUBLIC HEARING RE: APPEAL OF ZONING DETERMINATION NO. 65-2 RE: DAIRY SALES AND BOTTLING PLANT IN C-2 ZONE (VAN DEN RAADT): COUNCILMAN GORZEblAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS QtAIR ON THE PODIUM SINCE HIS PROPERTY WAS INVOLVED IN THE SUBJECT MATTER. The Mayor announced this was the time and place for the cofitinuation of the Public llearing 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. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak in favor of the appeal. Mr. Paul Bell, attorney representing the applicants, addressed the Council, requesting that the Mayor ask for a ruling from the City Attorney concerning the scope of this hearing. Upon the direction of tile Mayor, the Cfty Attorney advised that the Council must determine whether the use which is proposed by the application is similar to those uses specifically listed in the C-2 section of the Zoning Ordinance, and must determine whether or not the proposed use is different or will have a more detrimental effect upon the adjoining neighborhood areas than the permitted uses. Mr. Paul Bell again addressed the Council, stating that he would assume that ~y discussion of cows is immaterial to this hearing. In answer to this statement, the City Attorney stated that tile consideration must be limited to the specific use which is proposed, which is a dairy processing plant. The Hayor asked if anyone in the audience wished to speak in opposition to the appeal. May 10, 1965 Mr. Arthur Nisson, 2014 North Broadway, Santa Ana, Attorney representing 147 residents of the City, addressed the Council, and presented a petition signed by 147 Cypress residents, which is on file in the Office of the City Clerk, which outlines various reasons why a dairy sales and bottling plant is not a compatible use permittedw~Zhi~the C-2 zone. Hr. Nisson also read the first paragraph of the C-2 Zone Section of the Cypress Zoning Ordinance, which statea that the C-2 zone is intended to promote the development of integrated, planned shopping centers in accordance with a comprehensive plan. Mr. Nisson stated that the requested use is not for an integrated planned shopping area, and further emphasized that the Planning Commission had recommended denial of this request. Mrs. Bernice Brown, 1134 Greendale Street, West ~vina, addressed the Council, stating that the requested use would not be the highest and best use of the p roperty and is not compatible with uses in the immediate vicinity. Mr. Paul Bell, representing the applicants, addressed the Council, stating that the peition presented by Mr. Nisson was submitted without qualification. He indicated ~hat he had a tape recording available for the C~ty Council to review which records the discussion used in gaining the signatures on the petition, said discussion mentioning cows. Mr. Bell stated that a mi~ processing plant is not a manufacturing facility but is merely a bottling plant. He further indlcated that he had contacted the Attorney who wrote the Zoning Ordinance and had been advised that the requested use had just been omitted from the Ordinance. Mr. Arthur Nisson again addressed the Council, stating that Part 15 of the Zoning Ordinance, which describes the b~l zone, specifically describes certain uses which are considered to be proper in an industrial zone, and bottling!plants are included. The City Attorney advised the Council that it should not rely on any interpreta- tions given concerning the intent of the Attorney who drew up the Zoning Ordinance. There being no further written communications and oral protests, the Mayor declared the Public Hearing closed. In answer to an inquiry from Councilman McCarney concerning the study conducted by Economic Research Associates, the City Manager advised that the Study indicates a need for additional commercial zoning to be located near Ball and Walker or Ball and Valley View, It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to deny the appeal requested by John and Mary T. van den Kaadt, and to determine that a dairy sales and bottling plant may not be located in the C-2 zone. ~e following roll call vote was taken: AYES: 4 COUNCIL~-~N: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kmnel, McCarney, Wright, and Noe None Gorzeman Further discussion was held concerning a review of the Zoning Ordinance by the PLanning Commission concerning the subject matter, after which it was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to request a study by the Planning Department and P fanning Commission of the desirability of adding a dairy sales and bottling plant use to the specifically permitted uses of the C-2 zone subject to ~e issuance of a Conditional Use Permit. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCIL}~N: Kane 1, McCarney, Wright, and Noe None Gorzeman COUNCILMAN GORZE~iAN RETURNED TO HIS CtlAIR ON THE PODIUM P~BLIC HEARING RE: A[~NDMENT TO ZONING ORDINANCE NO. 90~ SECTION '124.13 RE: APPEAL P~RIOD: The Mayor announced this was the time and place for the Public Nearing to consider a proposed ~mendment to the Zoning Ordinance No. 90, Section 124.13, changing the appeal period, initiated by the Cypress Planning Commission. May 10, 1965 The Mayor declared the Public tieartng open mid asked if anyone in the audience wished to speak for or against the proposed an~ndment. The Secretary of the Planning Commission outlined the proposed amendn~nt recommended by the Plm, uing Commission, said amendment shortening the appeal period section for applicants wishing to appeal deeisions of the Planning Commission to the City Council from a 20-day to a 12-day period. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, SECTION 124.13, BY CHANGING APPEAL PERIOD. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCII~IN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Nee None None PUBLIC HEARING RE: AMENDI~NT TO ZONING ORDINANCE NO. 90 RE: C-3 COF~RCIAL MA2qUFACTURING ZONE: The Mayor announced this was the time and place for the Public Hearing to consider a proposed amendment to the Zoning Ordinance No. 90, changing PART 13 in total to provide a new "C-3 CO[~4ERCIAL MiNUFACTURING ZONE". The Mayor declared the Public Hearing open and asRed if anyone in the audience wished to speak for or again~ the p~oposed amendment. The Secretary of the Planning Commission outlined the proposed amendment recommended by the Planning Commission, said amendment ~ create a new C-3 Commercial-Manufacturing Zone, which will broaden and intensify the dse of the present C-3 zoning district. Mayor Nee inquired about Section 113.9 of the proposed amendment, with reference to outdoor storage areas being enclosed by a solid wall. He stated he felt it might be desirable to change this requirement so that the storage area may be exposed. The City Attorney suggested that the Council continue the Public Hearing and request a further report from the Planning Commission concerning this matter. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried to request the Planning Commission to conduct a further study concerning Section 113.9 of the proposed Ordinance, with reference to the possibility of using chain link fence rather than a solid wall. The following roll call vote was taken: AYES: 5 COUNCIIJ~EN: NOES: 0 COUNCII2IEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Nee None N one It was further moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to continue the Public Hearing on this matter until May 24, 1965. The following roll call vote was taken: AYES: 5 COUNCIL~N: NOES:: 0 COUNCIL}IN: ~BSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Nee None None PUBLIC HEARING RE: AMENDMENT TO TIlE ZONING ORDINANCE NO. 90~ RE: NEW PART 23-A ttObZ O~CUPAT.ION: The Mayor announced this was the time and place for the' Public Hearing to consider a proposed amendment ee the Zoning Ordinance No. 90, to provide for a new "PART 23-A HO}~ OCCUPATION". May 10, 1965 The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed amendment. The Secretary of the Planning Corrmlssion outlined the proposed amendment recommended by the Planning Conunission, said amendment adding a section to the Zoning Ordinance outlining the criteria for home occupation uses. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, TO PROVIDE FOR A NEW "PART 23-A tIOME OCCUPATION" It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None P.UBLIC HEARING RE: AF~NDMENT TO ZONING ORDINANCE NO. 90~ PART 2~ DEFINITIONS: The Mayor announced this was the time and place for the Public Hearing to consider a propesed amendment to the Zoning Ordinance No. 90, PART 2, DEFINITIONS AND STANDARDS, Section 102, HOME OCCUPATIONS by de]~li~ a portion of said definition, and adding the definition for "OPEN USES". The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed amendnmnt. The Secretary of the Planning Commission outlined the proposed amendment recommended by the Planning Commission, said amendment to define "Open uses", which has been inserted into the of.f-sereet parking section of the Ordinance, and also delete the~criteria and standards from the home occupation definition. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Ordinance be read by!: title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AbZNDING ORDINANCE NO. 90, THE ZONING ORDINANCE, PART 2, DEFINITIONS AND STANDARDS, SECTION 102, HOME OCCUPATIONS, DELETING A PORTION OF SAID DEFINITION; AND ADDING THE DEFINITION FOR "OPEN USES" It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: J 5 COUNCILMEN: NOES: 0 COUNCILb~N: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright~ and Noe None None PUBLIC }tEARING RE: AMENDMENT .!TO ZONING ORDINANCE NO. 90~ SECTION 121.2t C. RE: 'OPEN INDUSTRIAL USES": The Mayor announced this was the time and place for the Public Hearing to consider an amendment to Ordinance No.90, the Zoning Ordinance, Section 121.2, C, by changing "Open Industrial Uses" to "Open Uses". ~he Mayor declared the Public Nearing open and asked if anyone in the audience wished to speak for or against the proposed amendment. May 10, 1965 The Secretary of the Planning Commission outlined the proposed amendment recommended by the Planning Commission, said amendment changing the wor~ing of "open industrial uses" in the Off-street Parking Section of the Ordinance to "open uses". There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF TIlE CITY COUNCIL OF TltE CITY OF CYPRESS AFZNDING ORDINANCE NO. 90, TttE ZONING ORDINANCE, SECTION 121.2, C., BY CHANGING "OPEN INDUSTRIAL USES" TO "OPEN USES" It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, thle Ordinance pass its first reading. The follm~ing roll call vote was taken: AYES: NOES: ABSENT: COUNCIL}~N: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCII21EN:' None COUNCIL~N: None PUBLIC HEARING RE: AMEND~ZN% TO SUBDIVISION ORDINANCE NO. 77~ SECTION 5-02 RE: SCALE OF FINAL...MAPS: The Mayor announced this was the time and place for the Public Hearing to consider a proposed amendment to the Subdi,ision Ordinance No. 77, Section 5-02 (d) to change the required scale of final maps, initiated by the Cypress Planning Commission. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed amendment. The Secretary of the Planning Commission outlined the proposed amendment recommended by the Planning Conmission, said amendment to increase the required scale of the final map to one inch equals 60 feet rather than the present requireuent that one inch equals 100 feet. This eha~ge has been requested to expedite the processing of maps by the Public Works Department. The City Manager introduced to the Council Mr. Arthur Schatzeder, newly appointed Public Works Director for the ~ity of Cypress. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. __ kN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 77, THE SUBDIVISION ORDINANCE, SECTION 5-02 (d) TO CHANGE REQUIRED SCALE OF FINAL MAPS It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, this Ordinance pass its first eeading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCI L}~N: Gorzeman, Kanel, McCarney, Wright~ and Noe None None PUBLIC HEARING RE: AMENDMENT TO SUBDIVISION ORDINANCE NO, 77~ SECTION 5-03 RE: NUMBER Q~SHEETS REQUI,RING AN INDEX: The Mayor announced this was the time and place for the Public Hearing to consider a proposed amendment to the Subdivision Ordinance No. 77, Section 5-03, (a), (2), to change the required nuraber of sheets requiring an index, initiated by the Cypress Planning Conmission. May 10, 1965 The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed amendment. The Secretary of the Planning Commission outlned the proposed amendment reconmended by the Planning Commission, said amendment requiring that an index sheet be required if more than two sheets are used on a final map. There being no written cormnunications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, tile following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS A~ENDING ORDINANCE NO. 77, SECTION 5-03, (a), (2), TO CHANGE P~QUIRED NUMBER OF SHEETS REQUIRING AN INDEX It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, this Ordinance pass its first reading, The following roll call vote was taken: AYES: 5 COUNCIM~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None COMMUNICATION FROM CITY OF FOUNTAIN VALLEY RE: A.B. 1461~ 40-HOUR WORK WEEK FOR FIREMEN: The City Manager presented a communication dated April 23, 1965, from the City of Fountain Valley, transmitting a copy of Resolution No. 3013, opposing Assembly Bill No. 1461 which provides for a mandatory 40-hour week for firemen after Jdy 1, 1970. Fountain Valley's Resolution indicates that the Bill is a direct infringement upon tl~e home-rule concept by establishing working conditions for a local governmental department. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to oppose Assembly Bill No. 1461. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILbZN: ABSENT: 0 COUNCIL}~N: Gorzeman, Kanel, McCarney, Wright, and Noe None None COb~MUNICATION FROM BUENA PARK-DAIRYLAND-CYPRESS BOARD OF REALTORS RE: PROCLAb~- TION OF REALTOR WEEK: A communication dated April 23, 1965, was presented from Mr. Hans Gowa, Realty Week Chairman for the Buena Park - Dairyland - Cypress Board of Realtors, requesting the Mayor and City Council to proclaim May 23 - 29, 1965, as Realtor Week. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to grant this request, whereupon Mayor Noe proclaimed the week of May 23-29, 1965, as "Realtor Week". COb~jNICATION FROM SUPERVISOR DAVID BAKER RE: ALLOCATION OF REGIONAL RECREATION FUNDS: The City Manager presented a communication dated April 26, 1965, from Supervisor David L. Baker, Chairman of the Regional Recreation Funds Allotment Committee, informing the City of a study underway to determine the proper procedure to he used in Orange County for the disposition of State Grant Funds as provided for by the State Beach, Park, Recreational, and Historical Facilities Bond Act of 1964. · he communication requests that the City indicate a preference for the distribution of these funds within Orange County. Following a brief discussion conce=ning the regional park sites in Orange County, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to direct the City Manager to inform Supervisor Baker that the City prefers the County to utilize these Ste~e Recreational Funds for the development of Regional Parks in accordance with the Orange County Master Plan of Parks and Recreation, placing a priority on the Master Plan facilities ~ecommended for Western ()range County. May 10, 1965 COM~iUNICATIONSFROM CYPRESS SCttOOL DISTRICT REQUESTING WAIVER OF FILING FEES FOR CONDITIONAL USE PERMITS: The City Manager presented two communications franthe Cypress School District, requesting a waiver of the filing fees for Conditional Use Permits required for the development of the Frank Vessels Elementary School and the Margaret Landel School. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to approve the waiver of filing fees for the subject Conditional Use Permits ~requested by the Cypress School District. The following roll call vote was taken: AYES: 5 COUNCIL}ZN: NOES: 0 COUNCIL[ZN: ABSENT: 0 COUNCIL~N: Gorzeman, Kanel, McCarney, Wright, and Noe None None COMMUNICATION FROM MR. S.M. HOOPER~ BANK OF AMERICA RE: SUPPORT OF H.R. 7539 RE: REVENUE AND GENERAL OBLIGATION BONDS: The ~ity Manager presented a communication dated April 27, 1965, from Mr. S.M. ttooper, Manager of the Lincoln & Knott Branch of the Bank of America, requesting the City Council to go on record ~ support of H.R. 7539, which would enable both National Banks and State chartered banks to underwrite revenue and general obligation bonds. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to support H.R. 7539 and direct the City Manager to notify the appropriate members of Congress of this action. COPDIUNICATION FROM CITY OF FOUNTAIN VALLEY RE::A.B. 1150~ PARK LAND DEDICATION BILL: The City Manager presented a communication dated April 26, 1965, from the City of Fountain Valley, transmitting Resolution No. 3012 endorsing Assembly Bill No. 1150, which is known as the Park Land Dedication Bill. Said Bill would amend the .SuBdivision Map Act to authorize cities and counties by Ordinance to require dedication of land, payment of fees in lieu of dedication, or a combination of both ~y a subdivider for parks and recreation facilities. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to support Assembly Bill No~ 1150, and instruct the City Manager to immediately notify the State Representatives regarding the City's position on this matter. CO~g~IUNICATION FROM MR. WORTtl BERNARD RE: OI~NGE COUNTY .MANAGER OF THE YEAR AWARD: ~he City Manager presented a communication from Mr. Worth Bernard, informing the City of the selection of Mr. John B. Lawson, Vice President of Philco Corporation, Ford Motor Company subsidiary, and C~neral Manager of its Aeronutronic Division in Newport Beach as Orange County Manager of the Year. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, the follow~g Resolution be adopted, and transmitted for presentation at the Manager of the Year Award Dinner to be held on May 17, 1965. The title of the Resolution is as follows: I~SOLUTION NO. 582 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CYPRESS COM~NDING MR. JOHN B. LAWSON AS ORANGE COUNTY MANAGER OF THE YEAR. COMMUNICATION FROM REV. FATHER PETER C. CASLIN~ REQUESTING WAIVER OF BUSINESS LICENSE FEE FOR CHRUCH BAZAAR: The communication dated May 4, 1965, was presented from Rev.-Father Peter C. Caslin, Pastor of the St. Irenaeus Church, Cypress, requesting the City to waiver the required $150.00 business license fee for the annual parish bazaar to be held on the church grounds on Grindlay, south of Lincoln, on June 11, 12, and 13, 1965. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to grant this request to waive the $150.00 business license fee for the church bazaar on June 11, 12, and 13, 1965. COMMUNICATION FROM WALKER OIL COMPANY REqUESTING EXONERATION OF CASH BOND FOR ~TREET PAVING~ The City Manager presented a communication dated April 20, 1965, from Mr. William Walker, on behalf of Walker Oil Company, requesting the release of a $100.00 cash bond posted to guarantee street paving at 5371 Lincoln Avenue. The Public Works Director has completed an inspection of the subject improvement and reconm~ends the release of the bond. ~y 10, 1965 It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to authorize the release of the $100.00 cash bond to the Walker Oil Company as requested. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None COMMUNICATION FROM MRS. LOIS RUSSELL~ WELCOME WAGON HOSTESSs REQUESTING WAIVER OF BUSINESS LICENSE FEE: The Oity Manager presented a communication from Mrs. Lois Russell, hostess for Welcome Wagon International, Inc., informing the City that the Welcome Wagon services will be provided in the City and requesting that the City give consideratim to waiving the $25.00 business license fee for this activity. The City Manager pointed out that it is quite likely that many of the merchants which will be promoted through the Welcome Wagon organization w{ll be located outside of the City due to the lack of local businesses. The City Attorney reviewed the Cityws Business License Ordinance, with reference to the specific types of organizations for which the Councilsmay grant exemptions, and indicated that the Welcome Wagon Organization would not fall into these categories. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unantn~usly carried, to deny the request for waiver of the Business License Fee for Welcome Wagon international, Inc. The following roll call vote was taken: AYES: 5 COUNCILlZN: NOES: 0 COUNCILIIN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None COMMUNICATION FROM LOS ALAD~TOS SYb~HONY ASSOCIATION REQUESTING WAIVER OF ADMISSIONS TAX~OR USE OF LOS AL~MITOS RACE TRACK: The City Manager presented a communication from Mr. James Smith, requesting a waiver of the Admissions Tax for the use of the Race Track on May 23, 1965, by the Los Alamitos Symphony Association, a newly organized non-profit organization. It was moved by CouncRm an McCarney, seconded by Councilman Gorzeman, and unanimously carried, to grant this request and waive the Admissions Tax on May 23, 1965, for the Los Alamitos S~mphony Association. The following roll call vote was taken: AYES: 5 COUNCIL~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIDf. EN: Gorzeman, Kanel, McCarney, Wright, and Noe None N on e APPOINTMENT OF CITY TREASURER: The City Manager stated that the required information has not yet been obtained concerning the individuals being considered for the position of City Treasurer, and requested this matter be continued. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to continue the appointment of the City Treasurer. ACCEPTAiqCE OF D~ROVEMENT AND RELEASE OF BONDS, TRACT NO, 4994, LARWIN COMPANY: A report dated May 7, 1965, was presented from the City Manager, stating that action on the aceeptance of improvements and release of bonds for Tract No. 4994 had been continued at the last City Council meeting for study by the City Attorney. The City Attorney recommends that the Council proceed to accept the public improvements for Tract No. 4994, but withhold exoneration of the bonds for a period of 90 days following acceptance of the public improvements. The City Attorney has further suggested that all labo~ and materials bonds for public improvements in all subdivi~omnot be exonerated until at least 90 days after acceptance of the improvements. May 10, 1965 It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to accept the public improvements for Tract No. 4994j and direct the City Clerk to exonerate the bonds in 90 days providing no mechanics liens are filed. The following roll call vote was taken: AYES: 5 COUNCIL~N: NOES: 0 COUNCIL~IN: ABSENT: 0 COUNCIL~tN: Gorzeman, Kanel, McCarney, Wright, and Noe None None MIDWOOD DEVELOPMENT COMPANY WATER CONTRACT - TRACT NO. 5166: A report dated May 6, 1965, was presented from the City Manager, stating that the return of the water contract assignment for Tract No. 5166 to the Midwood Development Company had been continued in order to determine a fair value of the water contract assignment. Due to the uncertainty of the sale of tile water contract assignment, the City Manager, City Attorney, Mayor, and Mr. Mastrapaolo, representing the Midwood Development Company, have reached an agreement that $750.00 was a fair value for the water contract assignmont. It was moved by Councilman .~eCarney, seconded by Councilman Gorzeman, mid unanimously carried, that due to the uncertainty of the sale of the Water Contract Assignment, the City Council hereby establishes $750.00 as the fair value f~r the return of the Water Contract Assignment to the Midwood Development Con~any.. The following roll call vote was taken: AYES: 5 COUNCI L~.IN: NOES: 0 COUNCIL~.~N: ABSENT: 0 COUNCIL~IEN: Gorzeman, Kanel, ~'IcCarney, Wri gilt, and Noe None None It was~further moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, =o direct tile staff to prepare and execute the required document to effectuate this return of the Water Contract Assignment upon receipt of the $750.00. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: A3SENT: 0 COUNCIL}UEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None REPORT FROM CITY ENGINEER~ R~; DECLARATION OF PROPERTIES AS PUBLIC NUISANCES FOR 1965 WEED ABATEMENT PROGR~M: A report dated May 4, 1965, was presented from the City Engineer, st~i~gthat the Weed Abatement Contractor has listed the properties in tlp, Citywhich are considered ~nuisances and/or fire hazards. Also presented was a Resolution declaring the City's intention to provide for the abaten~nt of the ~ roperties listed as nuisances and establishing May 24, 1965, as the time for the public hearing for hearing objections to the proposed weed removal. The ~ty Manager read in full a communication dated May 10, 1965, signed by seven proper~y owners requesting exclusion of an area from the Weed Abatement program. Mrs, Bernice Brown, 1134 Greendale StreetJ West Covina, addressed the Council, inquiring about the time period during which she c~uld have the weeds removed from her property in Cypress. The City Manager advised that the property owners would receive notification by ~oth letter and by posting of the property. Mrs. Fred Neubauer, 6812 Jonathan, Cypress, addressed the Council, concerning t~e weeds and mesquitos in the drainage ditch behind Tract No. 4966. The City Manager advised Mrs. Neubauer to contact the Mosquito Abatement District regarding the mosquito problem. In answer to a question from Councilman Kanel, the City Attorney advised that he was not aware of any procedure whereby an area could be excluded from the provisions of theweed abatement program. It was moved by Councilman Wright, seconded by Councilman ~cCarney, and unanimously carried, the following Resolution be adopted, title as follows: May 10, 1965 RESOLUTION NO. 583 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON A~D IN FRONT OF, tND RUBBISH, REFUSE, AND DIRT UPON kND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF. The following roll call vote was taken: AYES: 5 COUNCIIJ4EN: NOES: 0 COUNCILMEN: ,~SENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe N one None CONSIDERATION · FINAL TRACT MAP NO. 55371LARWIN COMPANY: The City Manager presented a report from the City Engineer, recommending approval of Final Tract Map No. 5537, located between Holder and Juanira Streets north of the Carbon Creek Channel, 87 R-1 lots, 17.845 acres, as requested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to approve Final Tract Map No. 5537, accept the bonds and agreements for Public Improvements, authorize the Mayor and City Clerk to sign the Agreement for Public Improvements, and authorize the City Clerk to sign the record map. VACATION OF STREET IN TRACT NO. 3742: A report dated May 7, 1965, was presented from the City Engineer, stating that since the recordation of Final Tract Map No. 3742, bounded by Carbon Creek Channe 1 on the south, Bloomfield on the west, Ball on the North, and Moody on the east, the subdivider has proposed to develop a condominium housing project in the~ea, and the street pattern for this project does not ~onform with the streets which were formerly dedicated in the accepted map. Alan Circle was inadvertently omitted from the previous vacation of streets in the area recorded under Final :lap No. 3742. In order to complete this action, the City Council must adopt a Resolution declaring its intention to vacate t~e street. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 584 A lIESOLUTION OF TIlE CITY COUNCIL OF TItE CITY OF CYPRESS DECLARING ITS INTENTION TO ORDER THE VACATION OF A CERTAIN STREET OR PART THEPdiOF AND ELECTING TO PROCEED UNDER THE STREET VACATION ACT OF 1941. The following roll call vote was taken: AYES: 5 COUNCILMEN: ,'fOES: 0 COUNCI I2~IEN: ABSENT: 0 COUNCID1EN: Gorzeman, Kanel, McCarney, Wright, and Noe None None APPLICATION FOR FIREWORKS STAND PERmiT, BOY SCOUT TROOP 39 & POST 39X: A report dated May 7, 1965, was presented from the City Manager, stating that a request has been received from Boy Scout Troop 39 and Post 39X to locate a fireworks stand at 6381 Ball Road, which is the parking lot adjacent to the All American Market. The permit fee and clean-up bond have been deposited, and a ~ertifka~eof Insurance has been submitted to the City. The report further suggested the possibility of limiting fireworks permits to local non-profit organizations and limiting the number of stands to be permitted for each organization. It was moved by Councilman McCarney, seconded by Councilman Wright, and unani~musly carried, to grant the fireworks stand permit for Troop 39 and Post 39X subject to She submission of a plot plan on the location of the stand and the obtaining of all required building permits. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSBNT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, md Noe None None May 10, 1965 It was further moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to permit only local non-profit organizations to obtain fireworks stand permits within the City unless the property is owned by the applicant, and to limit the number of fireworks stan~ to one for each individual or organization. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIL~IN: Gorzeman, Kanel, McCarney, Wright, and Noe None None CLAIM FOR DA~GES~ SANFORD GILBREA~{: A report dated May 6, 1965, was presented from the City Manager, stating that the City has received a Claim for Damages from Sanford Gilbreath, 5082 Myra Avenue, Cypress, alleging the claimant was injured when water, presumably from the rains, flooded away the bark on his property because the City failed to pump water off the street. The City Attorney has ruled that there is a defect in the claim itself, however, the defect is in~naterial inasmuch as the claim does not state a basis for any liability on the part of the City. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanixnously carried, to reject the claim ~r damages submitted by Sanford Gilbreath. The following roll call vote was taken: AYES: 5 COUNCILI.ZN: NOES: 0 COUNCIL~N: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ENGINEERING PROPOSALS FOR BRIDGE WIDENING: A report dated May 7, 1965, was presented from the City Manager, outlining tI~need for preparation of Plans and Specifications for the bridge widening projects on Ball Road and Valley View. Proposals ~have been received from the engineering firms of Moffatt and Nichol and from Sloan Engineering for the preparation of the subject Plans and Specifications. The report further outlined the fee schedule for the project. It was moved by Councilman Kan~l, seconded by Councilman Gorzeman, and unanimously carried, to designate Sloan Engineering to provide the engineering services for the preparation of plans and specifications for the bridge improvements a~ Valley View and Ball Road, and further instruct the City Attorney to prepare the necessary Agreement in accordance with.the proposal submitted by Sloan Engineering, to be executed by the Mayor and City Clerk. The following roll call vote was taken: AYES: 5 COUNCIL~N: NOES: 0 COUNCI~IEN: ABSENT: 0 COUNCILMEN: Gorgeman, Kanet, McCarney, Wright, and Noe None None CITY COUNCIL PROCEDURES: A report dated May 7, 1965, was presented from the City rlanager, ~ransmitting a communication and a proposed Ordinance prepared by the City Attorney concerning proposed Council procedures. Councilman McCan~ey stated that h~would like further time to study the suggested procedures prior to adopting an Ordinance. Councilman Kanel suggested that a work session be scheduled to review this matter. Following discussion, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to continue consideration of this matter until the adj ourned regular meeting to be held on May 18, 1965, after the canvassing of the ballots from the Special Municipal Election. ~e following roll call vote was taken: AYES: 5 COUNCIL~ZN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None FINAL P.AY~NT TO PELUSO CONSTRUCTION COMPANY FOR LIBRARY FACILITY: A report dated May 6, 1965, was presented from the City Manager, stating that Library Architect Donald Forker has advised that ~ Library Contractor has completed all corrections required on the library building, and recommended that the City release the final payment to Peluso Construction Company. The required 35 days from the date of signing the Notice of Substantial Completion has expired. May 10, 1965 , 75 It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to authorize release of $7,460.40 to the Joseph J. Peluso Construction Company as the final payment for construction of the library facility at Moody and Myra. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AGREEMENT: A report dated May 7, 1965, was presented from the City Manager, stating that the City has received the proposed By-laws and Agreement for the establishment of the Southern California Association of Governments. The purpose of this Organiza- tion is for existing governmental jurisdiction to meet together to discuss and attempt to resolve the problems that are regional in nature, with primary consideratinn in the field of Planning. Dues would be assessed to the members on the basis of population, and the Agreement can be terminated by giving 30 days notice. Councilman McCarney inquired if joining this Organization would require an expenditure of funds. The City Manager stated that there would be a membership fee based on population. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to approve the Agreement between the City of Cypress and County and City governments which become signatories to the Agreement, 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 ADDITIONAL APPROPRIATIONS~ CITY CLERK DEPARTMENT: A report dated May 7, 1965, was presented from the City Manager, stating that the City has been notified that the actual amount of pages in the new Municipal Code Book will exceed the original amount anticipated by 168 pages, which will amount to an additional cost of $1,680.00. The City Manager also recommended the purchase of an additional 25 volumes of the code at $10.00 each, for a total of $250.00. In addition to these items, the City did not budget for the Special Referendum Election, which will cost the City an estimated $1,500.00. A small amount was budgeted for an annexation election which has not been forthcoming. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to authorize the transfer of $2,500.00 from the Reserve for Capital Improvements to the City Clerk's Contractual Services account. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None CERTIFICATION OF EMPLOYMENT LIST FOR RECEPTIONIST-CLERK: A report dated May 6, 1965, was presented from the City Manager, outlining the results of an examina- tion conducted for the position of Receptionist-Clerk. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to certify the ReceptiOnist-Clerk Employment list as submitted. PROVISIONAL .~POINTMENT OF CROSSING GUARD: A report dated May 6, 1965, was presented from the City Manager, stating that a temporary appointment is required for the position of Crossing Guard to complete the eight weeks of the current school year. As required in the Personnel Ordinance, the provisional appointment must be entered into the records of theCity Council. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to record the fact that the Police Department is authorized to make a provisional appointment for the position of Crossing Guard. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None May 10, 1965 PARKWAY POLICY: A report dated May 7, 1965, was presented from the City Manager, suggesting policies regarding the maintenance of parkway trees and a program of arterial highway parkway development and maintenance. Mr. L. J. McBride addressed the Counc~, stating that the Chamber of Commerce Committee on Street Tree Planting had submitted a list to the City which suggests the planting of trees which have a minimum of pests. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to approve the recommendations of the staff outlined in the report dated May 7, 1965, regarding the maintenance of parkway trees and arterial highway parkway development and maintenance. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None AMENDMENT TO PERSONNEL RESOLUTION NO. 379 RE: HOLIDAYS: A report dated May 6, 1965, was presented from the City Manager, stating that Section 9 of Rule XI, Resolution No. 379, is in conflict with the State Government Code concerning observance of Holidays. The Government Code provides that when a Holiday falls on a Sunday, the following Monday shall be observed as the ttoliday. Under Resolution No. 379, when a holiday falls on a Sunday, the previous Friday has been observed. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RULE XI, SECTION 9, OF RESOLUTION NO. 379, RELATING TO THE CLOSING OF MUNICIPAL OFFICES ON LEGAL HOLIDAYS. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCIL~N: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None SECOND READING ORDINANCE BTABLISHING TIME AND PLACE OF CITY COUNCIL MEETINGS: 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. 262 AN ORDINANCE OF THE CITY OF CYPRESS DESIGNATING THE TIME AND PLACE OF THE MEETINGS OF THE CITY COUNCIL AND REPEALING ORDINANCE NO. 1, 6, 79, 134, 155, AND 225 It was moved by Councilman Wright, seconded by Councilman McCarney, 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 None None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS.11296 THRU 11347 (PAYROLL): It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 586 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 11296 THROUGH 11347 The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe NOES: 0 COUNCIL~N: None ABSENT: 0 COUNCILMEN: None ......... Ma~ I0,L_1965 RESOLUTION ALLOWING CLAIMS AND DE~iANDS NOS. 11348 THRU 11402 (COMMERCIAL WARRANTS): It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanin~usly carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 587 A RESOLUTION OF THE CITY 8F CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 11348 THRU 11402 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kane 1 ~ McCarney ~ Wri ght ~ ]1one None and Noe QLARIFICATION OF ACTION TAKEN TO VACATE-~TREET IN TRACT NO. 3742: The City Attorney stated that before the City Council can consider further the vacation of a Street in Tract No. 3742~ as previously a~thorized~ a report must be received from the Planning Commission. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried~ to request the Planning Commission to report on the vacation of Alan Circle in Tract No. 3742, said report to be considered at the May 24, 1965, City Council meeting. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILi. IN: Gorzeman, Kanett McCarney, Wright, and Noe None None STATUS REPORT ~F PROGRESS IN TRACTS NO. 4966 & 4421 (COORDINATED SERVICE): The City Manager reported that he had met with representatives of the Bonding Company for Coordinated Services concerning completion of the public in~provements in Tracts 4966 and 4421. The Bonding Company has accepted bids and appointed a contractor who will start work on Wednesday, May 12, 1965, giving emphasis to the paving of the frontage road along Knott Avenue. The Bonding Company has required that the City Council direct the City Manager and City Attorney to draft an Agreement between the City and the Bonding Corapany providing that the City, at such time as t~ public improvements are completed~ will exonerate the bonds now being held. They have also requested that the City hold sufficient bond amounts to guarantee completion of the lowering of the oil lines and paving of Knott Avenue until such time as the litigation is resolved. Mrs. Fred Neubauert 6812 Jonathan Avenue, Cypress, addressed the Council, asking if the drainage ditch would be paved and parkway trees installed. The City Manager indicated that the trees would be planted, but the ditch would not be lined at this time. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to authorize the City Attorney to prepare an agreement between the City and the Bonding Company which will provide for the release of the improvements bonds for all portions of the public improvements which are completed and accepted by the City, except for a sufficient reserve amount to be withheld for the completion of the paving on Knott Avenue and the lowering of the oil lines. The following ~oll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCIL}~N: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ORAL COMMUNICATIONS: Mrs. Fred Neubauer, 6812 Jonathan Avenue, Cypress, again addressed the Council, asking about the possibility of paving the drainage ditch to the rear of her property, and also inquiring when something will be done to secure the wall which lines her property. The City Manager advised Mr$.Neubauer that the City Council had previously directed the Staff to study the various possibilities in completing the drainage channel. Plans are being prepared in the Engineer's office to provide for a permanent solution to the subject drainage ditch and will be submitted for consideretion to the Orange County Flood Control District. Further discussion was held concerning the installation of an underground storm drain system. May 10, 1965 Councilman Kanel inquired about the status of the appoi~ments of the Park and Recreation Study Committee. Following a brief discussion concerning this matter, Mayor Noe appointed Councilman Kanel to check with the various organizations requested to submiL names fer appointment on this Committee, to determine if they are interested in being represented on the Park and Recreation Study Committee. ADJOURNMENT: ~e City Manager advised the Council that this meeting should be adjourned until May 18, 1965, at which time the City Council will canvass the returns from the Special Mur~ipal Election to be held on May 11, 1965, and will consider the City Council rules of order as previously authorized. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to adjourn this meeting at the hour of 9:40 p.m. until 7:30 p.m. on Tuesday, May 18, 1965. MAYOR ATTEST: May i0, 1965