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HomeMy WebLinkAboutMinutes 65-07-26MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD July 26, 1965 Mayor Frank P. Noe called the regular meeting of the Cypress City Council to order at 3:00 p.m. on Monday, July 26, 1965, in the City Council Chambers, 5311 Orange Avenue, Cypress, California. There being no other City Councilmen in attendance, the Mayor declared the meeting adjourned until 7:30 p.m. on July 26, 1965. ADJOURNED REGULAR MEETING: The Cypress City Council held an adjourned regular meeting on July 26, 1965, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 7:30 p.m., Mayor Frank P. Noe presiding. PRESENT: Councilmen Kanel, Wright, and Noe ABSENT: Councilmen Gorzeman and McCarney Also present were Administrative Assistant Darrell Dalton; Deputy City Clerk Dorothy Jones; City Attorney James Erickson; Public Works Director Arthur Schatzeder; Building Superintendent Tom Nudson; Police Chief O. C. Foster; and Secretary of the Planning Commission George Putnam. MINUTES: It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, the minutes of the meeting of July I, 1965, be approved as mailed. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, the minutes of July 12, 1965, be approved as mailed. ORAL COMMUNICATIONS: There were no oral communications presented at this time. APPLICATION FOR SPECIAL P~I~4IT--EAGLE EYE ARMED GUARD SERVICE: The Mayor announced this was the time and place for the Public Hearing to consider an application for Special Permit to conduct a Private Patrol Service within the City of Cypress, as requested by Hubert J. Palmar of Eagle Eye Armed Guard Service, 1237 West Glenn Drive, Anaheim, California. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the application. A report dated July 22, 1965, was presented from the City Manager, stating that an investigation of the applicant by the Chief of Police had disclosed no basis for denial of the application because of any reasons involving moral turpitude or criminal record. The report further stated that it would be necessary for Mr. Kull, an employee of Eagle Eye Armed Guard Service, to request a transfer of his Orange County license to the Eagle Eye Armed Guard SerVice. There being no written communications and no oral protests, the Mayor declared the Public Hearing cleaed. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to grant a Special Permit to Eagle Eye Armed Guard Service, 1237 West Glenn Drive, Anaheim, California, to conduct a Pri~te Patrol Service within the City of Cypress, subject to the following conditions: 1. That the applicant obtain a business license. That the applicant comply with all regulations of Ordinance No. 37 concerning Private Patrol Services. 3. That the Special Permit shall expire on June 30, 1966. That Mr. Kull should be licensed by Orange County as being an operator with the Eagle Eye Armed Guard Service. July 26, 1965 The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, Wright, and Noe None Gorzeman and McCarney PUBLIC HEARING RE: FRANCHISE TO SOUTHERN CALIFORNIA WATER COMPANY: The Mayor announced this was the time and place for the Public Hearing to consider the granting to Southern California Water Company of a franchise to lay and use pipelines and other properties and facilities, with their appurtenances, for transmitting and distributing water in, under, along, across, or upon the public streets in the City of Cypress. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed Franchise. The Administrative Assistant advised that no written protests had been filed with the Office of the City Clerk. There being no oral or written protests, the Mayor declared the Public Hearing closed. In answer to a question from Councilman Wright, the Administrative Assistant advised that the City would receive two percent of the gross annual receipts of the Water Company arising from the use, operation, or possession of this franchise. It was moved by Councilman Wright, seconded by Councilman Kanel, 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, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA WATER COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO LAY AND USE, FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES, PIPELINES AND OTHER FACILITIES, IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF CYPRESS It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: NOES: ABSENT: 3 COUNCILMEN:Kanel, Wright, and Noe 0 COUNCILMEN:None 2 COUNCILMEN:Gorzeman and McCarney COMMUNICATION FROM NATIONAL MULTIPLE SCLEROSIS SOCIETY RE: PERMISSION TO SOLICIT FUNDS IN THE CITY AND PROCLAMATION OF"CONQUER MULTIPLE SCLEROSIS" MONTH: The Administrative Assistant presented a communication from the National Multiple Sclerosis Society, requesting the Mayor and City Council to proclaim the month of August as Conquer Multiple Sclerosis month, and requesting permission to solicit funds for the program during August. The Administrative Assistant advised that under ~he provisions of the Special Permit Ordinance, the Multiple Sclerosis Society would be required to obtain a Special Permit to solicit ~unds within the City. Following discussion, it was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to proclaim the month of August as "Conquer Multiple Sclerosis" month, and further authorize the waiver of fee for the application for Special Permit, which will be required for solicitation within the city. The following roll call~vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, Wright, and Noe None ~Gorzeman and McCarney July 2~, 1965 COMMUNICATION FROM FIREMAN'S FUNDtAMERICAN INSURANCE COMPANIES RE: CLAIM AGAINST THE CITY BY ABC STEAM SERVICE: The Administrative Assistant presented a communication dated July 13, 1965, from the Fireman's Fund, American Insurance Companies, in reference to a claim in the amount of $768.20 against the City by ABC Steam Service. An investigation of the claim indicates that there is no liability on the part of the City. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to deny the claim of ABC Steam Service and authorize the City Manager to notify the Fireman's Fund, American Insurance Companies, of this action. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILbIEN: ABSENT: 2 COUNCILMEN: Kanel, Wright, and Noe None Gorzeman and McCarney CObgIUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: OFF-SALE BEER AND WINE LICENSE FOR TIC-TOC MARKETSt INC.: A connnunication was presented from the Alcoholic Beverage Control Board, notifying hte City of an application for new off sale beer and wine license from Tic Toc Markets, Inc., to be located 250' east of Walker on the north side of Ball Road. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. COI~JNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: TRANSFER OF ON-SALE BEER AND WINE LICENSE AT FOUR QUEENS: A communication was presented from the Alcoholic Beverage Control Board, notifying hte City of an application for transfer of an Alcoholic Beverage License for on-sale beer at the Four Queens, 10461Denni, Cypress, from Wal-Bar Inc. to Billy Eugene Parker and Patricia Ann Parker. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. COMMUNICATION FROM PUBLIC UTITLITIES COMMISSION RE: APPLICATION FOR RATE CHANGE~ PACIFIC TELEPHONE AND TELEGRAPH COMPANY: A communication was presented from the Public Utilities Commission, informing the City of an application for rate change for Pacific Telephone and Telegraph Company, providing for the elimination of four- party lines, to be replaced by two-party residential service. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, this communication be received and filed. COMMUNICATION FROM AL GAUDIO~ KIWANIS CLUB OF CYPRESS REQUESTING PARTIAL REFUND OF FIREWORKS PERMIT FEE: A communication dated July 20, 1965, was presented from Mr. A1 Guadio, on behalf of the Kiwanis Club of Cypress, requesting the City Council!to consider a partial refund of the $100.00 permit fee for the Fireworks Stand, inasmuch as the money received by the project is to be used for service projects. The Administrative Assistant advised that Ordinance No. 18 establishes the permit fee at $100.00 per year, and does not provide for exemptions for charitable organizations. The City Attorney further stated that any partial or complete refund at this time would constitute a gift of public funds and would be in violation of the California Constitution. Following discussion, it was moved,by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, the subject communication be received and filed. It was further moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to instruct the City Manager to conduct a study of the fireworks stand permit fees as they pertain to community non-profit organizations. COMMUNICATION FROM HOMEOWNERS ON ROME AVENUE AND ROME STREET RE: FLY CONTROl,: A communication dated Jily 19, 1965, was presented from 12 homeowners on Rome Avenue and Rome Street, protesting the actions of the City Council and staff in1 not enforcimg Ordinance No. 73, the Fly Control Ordinance. The communication requested information as to why the Fly Control Ordinance is not enforced by the City Council since it is a City Ordinance. July 26, 1965 439 The Administrative Assistant advised that Ordinance No. 73 specifically indicates that ~e County Health Officer is the responsible enforcing agent for the City in all matters relating to fly control and the City Council is responsible to ~sure that all complaints are properly referred to the County Health Officer. Councilman Kanel inquired if there was any person in the audience representing the individuals who signed the subject communication, however, no one responded. Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the Council, stating that there is a serious fly problem on Walker Street resulting from the waste sewage water atanding on the dairy across from his home. Councilman Kanel suggested that Mr. Duncan bring this request to the City Council during the Oral Communications portion of the meeting since it was concerned primarily with the problem of waste sewage water. Following discussion concerning the ~ricultural uses adjacent to Rome Avenue and Rome Street, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to request the Orange County Health Department to submit a written report to the City Council, indicating whether or not all agricultural uses within a one-half mile radius of Rome Avenue and Rome Street are complying with Ordinance No. 73, the Fly Control Ordinance, and further to authorize the City Manager to notify those persons signing the subject communication of the provisions of the Fly Control Ordinance with reference to enforcement procedures. COMMUNICATION FROM CYPRESS SCHOOL DISTRICT RE: JOINT MEETING BETWEEN CITY COUNCIL AND SCHOOL DISTRICT BOARD OF TRUSTEES: A communication dated July 22, 1965, was presented from Mr. Vincent L. Devaney, District Superintendent of the Cypress School District, suggesting alternative meeting dates for a joint meeting to be held between the members of the City Council and School District Board of Trustees. The City Attorney advised that the proposed meeting would have to be either an adjourned regular meeting or a special meeting of the City Council and that the meeting would have to he conducted within the City limits. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to notify the School District that it is the intent of the City Council to adjourn its August 2nd City Council meeting to Thursday, August 5, 1965, at 7:30 p.m. in order to conduct a joint meeting with the School District Board of Trustees. It was further moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to request the City Manager to inform the School District that the meeting must be held within the Cypress City limits and request the District to select a meeting place within the City. EXPIRATION OF PLANNING COMMISSIONER TERM: The Mayor stated that since another City Council meeting will be held before the expiration of Planning Commissioner Wayne Worley's term, he would request that the appointment of the Planning Commis~oner be postponed until the next City Council meeting. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimousl carried, to continue the appointment of a Planning Commissioner until the Adjourned Regular Meeting of August 2, 1965. TENTATIVE TRACT MAP NO. 5373~LARWIN COMPANY: The Administrative Assistant presented Tentative Tract Map No. 5373, located between Bloomfield and Denni, south of Ball Road, 438 single-family dwelling units, 46.8 acres, as requested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. Also presented was a report dated July 21, 1965, from the Secretary of the Planning Commission, stating that the Planning Commission had recommended approval of Tentative Tract Map No. 5373, subject to 15 conditions: Full street improvements and dedication to the City of Cypress shall be made in accordance with the tentative tract as submitted. 2. All alley turnarounds to be approved by the City of Cypress. July 26, 1965 3. Curb return and alley turnarounds to be a minimum of fifteen feet, where trash truck access is necessary. 4. A minimum 25 foot separation between buildings facing front to side shall be maintained. 5. The tentative tract is approved subject to obtaining approval of Modification of Conditional Use Permit No. C-156. 6. Abandonment of the existing 10' sewer easement is required. 7. A 6' high ornamental wall shall be constructed along Ball road. 8. All cu-de-sacs shall have a 36' radius. 9. The pump station in Drainage District 2-A shall be construceed prior to final inspection. 10. Drainage to be solved to the satisfaction of the City Engineer. 11. Boat and trail~ storage areas shall be provided to the satisfaction of the staff. 12. The forced main design and location to be approved by the City Engineer. 13. All alleys to be 26 foot minimum width. 14. A chain link fence shall be constructed along the fl6od c~ntrol channel to meet the Orange County Flood Control District's standards. 15. Drainage fees to be paid in accordance with the Master Plan of Drainage. The following roll call vote was taken: AYES: 3 COUNCILMEN: Kanel, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Gorzeman and McCarney FINAL TRACT MAP NO. 5491, DON WILSON BUILDERS: The Administrative Assistant presented Final Tract Map No. 5491, located south of Orangewood Avenue, west of Knott Street, 125 lots, 22.89 acres, requested by Don Wilson Builders, 2918 West Compton Blvd., Gardena, California. A report dated July 22, 1965, was ~esented from the City Engineer, stating that the map has been checked and found to be technically correct, and indicating that ~e developer has dedicated apark site to the City and agreed to improve the site as part of the subdivision. In answer to a question from Councilmen Kanel, the Administrative Assistant advised that the dedicated perk site would be maintained by the City. Following discussion concerning the park site, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to approve Final Tract Map No. 5491; to accept the bonds in the amount of $275,700, which is not less thatn 50% and not more than 100% of the total improvements; to accept the Agreements for the Public!Improvements and authorize the Mayor to sign and City Clerk to attest; and ~ authorize the City Clerk to sign the Record Map. The following roll call vote was taken: AYES: 3 COUNCILMEN: Kanel, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Gorzeman and McCarney REMOVAL OF WATER CONDITION FROM CERTAIN TRACT MAPS~ CONDITIONAL USE PERMITS, AND SMALL SUBDIVISION PERMITS: A report dated July 21, 1965, was presented from the City Manager, outlining the need to remove the condition that "Water be provided by the City of Cypress" from certain ~ract maps, Conditional Use Permits and Small Subidivision Permits inasmuch as the City of Cypress no longer has a municipal Water Department. July 26, 1965 It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 617 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REMOVING THE CONDITION THAT WATER BE PROVIDED BY THE CITY OF CYPRESS FROM CERTAIN TRACT MAPS, CONDITIONAL USE PERMITS, AND SMALL SUBDIVISION PERMITS The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, Wright, and Noe None Gorzeman and McCarney CITY TOWING SERVICE: A report dated July 21, 1965, was presented from the City Manager, outlining the need to adopt a policy for towing service for the City. The report recorr~ended that the City Council select one towing company which would meet a set of criteria established by the City, with an alternate company being designated for occasions when the towing service would not be provided by the prime contractor. The report further outlined the criteria required in determining which towing service to select for the City. Mr. Leo Hanson, 4620 Lincoln Avenue, Cypress, addreseed the Council, stating that he owns a towing business in the City which should qualify under the ~sted criteria. Mr. Hanson indicated that the sotrage yard for his business was located at 8570 Belmont, Cypress. Following discussion, it was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to adopt the specifications for towing service as outlined in the City Manager's report dated July 21, 1965, and further authorize the City Manger to submit specifications to those towing companies which qualify for submittal of proposals to be reviewed by the City Manager and Police Department, and that the City Council, upon receipt of the recommendation of the City Manager and Police Chief, will select the most qualified company to provide towing service for a one-year period for the City of Cypress, with a second company to be selected for standby service. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, Wright, and Noe None Gorzeman and McCarney STREET NAME CHANGE--EAST WARDLOW ROAD TO BALL ROAD: A report dated JUly 22, 1965, was presented from the City Manager, recommending that the extension of Ball Road into Los Alamitos and Long Beach, which is now known as East Wardlow Road, be changed to Ball Road. This change in name would be advantageous to all communities east of the future San Gabriel Freeway to be consistent in the street name for proper identification and access to existing and proposed commercial developments along the street. Following discussion, it was moved by Councilman Wright, seconded by Councilman Fanel, and unanimously carried, to direct the City Manager to advise the Orange County Street Naming Committee that the City of Cypress requests consider- ation of changing the name of East Wardlow Road to Ball Road, from Bloomfield west to the future San Gabriel Freeway. RELEASE OF BONDS FOR TRACT NO. 3742~ MOON HOMES: A report dated July 2~, 1965, was presented from the City Manager, stating that the bonds submitted for Final Tract Map No. 3742 are no longer needed inasmuch as the same area is now being developed as a condominium and Final Tract Maps have been approved by the City Council for this same area. The appropriate improvement bonds have been posted adn the final tract maps ahve been recorded for the new developments. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to authorize the release of Bonds Nos. 456101, 456102, and 456103 for Final Tract Map No. 3742. The following roll call vote was taken: AYES: 3 COUNCILMEN: NO~S: 0 COUNCILM~N: ABSENT: 2 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman and McCarney July 26, 1965 CERTIFICATION OF ENPLOYMENT LIST FOR POLICE OFFICER: A report dated July 26, 1965, was presented from the City bianager, setting forth the results of an examination conducted for the position of Police Officer. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to certify the employment list for Police Officer as submitted. CERTIFICATION OF EMPLOYMENT LIST FOR POLICE DISPATCHER: A report dated July 22, 1965, was presented from the City Manager, setting forth the results of an examination conducted for the position of Police Dispatcher. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to certify the Police Dispatcher Employment List as submitted. MONTHLY ACTIVITY REPORT FOR JUNE 1965: It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, the Monthly Activity Report for June 1965 be received and filed. EMERGENCY ORDINANCE ZONING PROPERTY WITHIN WATSON ANNEXATION: The Administra- tive Assistant presented an Ordinance establishing the zoning in the area recently annexed to the City, known as the Watson Annexation. Upon being advised that an emergency zoning ordinance of this nature required a 4/5 majority vote of the City Council, it was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to continue this Ordinance until the next City Council meeting. Mr. L. J. McBride, representing the Cypress Chamber of Commerce, addressed the Council~stati~g that one area in the subject annexation was being considered for an apa~meut development, and requested that the City Council take this into consideration in establishing the zoning. RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 11859 THROUGH 11914 (PAYROLL): It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 618 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 11859 THROUGH 11914 The following roll call vote was taken: AYES: 3 COUNCILMEN: Kanel, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Gorzeman and McCarney RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. lI857,,l1858aAND 11915 THROUGH 11951~ {COMMERCIAL WARRANTS): It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 619 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 11857, 11858, AND 11915 THROUGH 11951 The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: ORAL COMMUNICATIONS: Kanel, Wright, and Noe None Gorzeman and McCarney Mr. Lee Goldin, 9300 Wilshire Boulevard, Beverly Hills, addressed the Council, asking if there is some method whereby the payment of drainage fees would be required of subdividers without the condition being placed on the tract map. The City Attorney advised that the Subdivision Ordinance does require the pay- ment of drainage fees, but it is proper to also include the requirement as a condition on a tract map. July 26, 1965 STATUS OF PARK AND RECREATION STUDY COP~ITTEE: In answer to a question from Councilman Kanel, the Administrative Assistant advised that the Park and Recreation Study Conn~ittee had held an organizational meeting and the next meeting is scheduled for Tuesday, July 27, 1965. WASTE SEWAGE WATER ON SOUTH WALKER STREET: Councilman Kanel~requested Mr. James Duncan to advise the Council of the outcome of his descussions with the Cypress County Water District concerning regulation of the waste sewage water on Walker Street. Mr. James Duncan, 9582 SOuth Walker Street, Cypress, addressed the Council, stating that he would prefer the entire City Council to be present to discuss this matter, and that he would await a future City Council meeting to present this matter. Mr. Duncan further invited the City Council members to be present at the next Water District Board Meeting when he will bring the problem of waste sewage water before that body. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to adjourn this meeting at the hour of 8:42 p.m. until the hour of 7:30 p.m. on Monday, August 2, 1965. ATTEST: July 26, 1965