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HomeMy WebLinkAboutMinutes 65-08-02MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD August 2, 1965 The Cypress City Council held an adjourned regular meeting on August 2, 1965, in the City Council ChamberS, 5311 Orange Avenue, Cypress, California, at 7:30 p.m., Mayor Frank P. Noe presiding. PRESENT: Councilmen Kanel, McCarney, Wright, and Noe ABSENT: Councilman Gorzeman Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Administrative Assistant Darrell Dalton; Public Works Director Arthur Schatzeder; Building Superintendent Thomas Nudson; Secretary of the Planning Conmmission George Putnam; and Police Chief O. C. Foster. ORAL COMMUNICATIONS: There were no oral conm~unications p~esented at this time. PUBLIC HEARING RE: ANNEXATION NO. 5 TO CYPRESS NO. 2 LIGHTING DISTRICT: The Mayor announced this was the time and place for the Public Hearing to consider protests to Annexation No. 5 to Cypress No. 2 Lighting District regarding the installation of, furnishing of electric current for, and maintenance of a street lighting system. The City Manager presented a report dated July 29, 1965, from the Office of the City Engineer, recommending approval of the required resolutions effecting the Lighting District annexation. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak in protest of the Lighting District Annexation. The Public Works Director outlined on a map the areas to be annexed to the Lighting District. Upon being advised by the City Manager that no written protests had been received prior to the Public Hearing, and there being 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 Resolution be adopted, title as follows: RESOLUTION NO. 620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY, DATED JULY 12, 1965, PREPARED PURSUANT TO RESOLUTION NO. 598 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NO. 610 OF SAID COUNCIL, AND THE PLAN, SPECIFICATIONS, ESTIMATE AND ASSESSMENTS CONTAINED IN SAID REPORT: ORDERING THE INSTAL- LATION OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGttTING DISTRICT: ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM: AND FORMING THE LIGHTING DISTRICT ANNEXATION REFERRED TO IN RESOLUTION OF INTENTION NO. 611 AND RESOLUTION APPOINTING THE TIME AND PLACE FOR HEARINGS NO. 612, ALL IN ACCORD WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919" The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman August 2, 1965 It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 621 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING TEAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET lIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT AND~ ORDERED TO BE INSTALLED BY RESOLUTION NO. 620 OF SAID COUNCIL, ALL IN ACCORD WITH AND PURSUANT TO THE PRO- VISIONS OF DIVIDION 14, PART 1 STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919". The following roll call vu[e was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, the following Resolution be adopted, title as folIows: RESOLUTION NO. 622 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, LEVYING ASSESSMENTS ON PARCELS OF LAND LOCATED IN TEAT AREA KNOWN AS CITY OF CYERESS LIGHTING DISTRICT NO. 2 TO PAY FOR THE COST OF THE INSTALLATION, MAINTENANCE AND FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM FOR THE PERIOD FROM JANUARY 1, 1966 THROUGH DECEMBER 31, 1966, PURBUANT TO THE REPORTS OF THE ~ITY ENGINEER OF SAID CITY ALL IN ACCORD WITH ~ND PURUSANT TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919" The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman COMMUNICATION FROM JAMES D. DRISCOLL~ CALIFORNIA ASSEMBLY RE: ASSEMBLY JOINT RESOLUTION NO. 38~ ALCOHOLIC BEVERAGE TAXES: A communication dated July 16, 1965, was presented from Mr. James D. Driscoll, Chief Clerk of the California Assembly, transmitting Assembly Joint Resolution No. 38, which requests 5% of the alcoholic beverage tax to be returned from the Federal Government for tax relief and alcoholic rehabilitation. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to instruct the City Manager to advise Mr. Driscoll that the City Council concurs with the intent of Joint Resolution No. 38 concerning Alcoholic Beverage Taxes. COMMUNICATION FROM LONG BEACH CO~ff4UNITY HOSPITAL AUXILIARY RE: WAIVER OF ADMISSIONS TAX AT LOS ALAMITOS RACE TRACK: A communication dated July 21, 1965, was presented from the Long Beach Cormunity Hospital Auxiliary, requesting a waiver of the Admissions Tax for the National Benefit Horse Show to be held on September 10, 11, and 12, 1965, at the Los Alamitos Race Tract. The organization is a non-profit oorporation and was organized for charitable purposes. Considerable discussion was held concerning the non-profit status of both the hospital and the auxiliary. August 2, 1965 The City Attorney reviewed Ordinance No. 83, Section 3 (k) setting forth the requirements for waiving of the admissions tax. Following furtherdiscussion, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to waive the Admissions Tax for the National Benefit Horse Show sponsored by the Long Beach Community Hospital Auxiliary on September 10, 11, and 12, 1965, at the Los Alamitos Race Track if it is determined by the staff that the Long Beach Community Hospital is a non-profit organization; however, to deny the request for waiver of Admissions Tax if it is found that the hospital is not a non-profit corporation. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman COMMUNICATION FROM MR. AND MRS. J. W. SMITH RE: FLY PROBLEM ON SOUTH WALKER STREET: A communication dated July 19, 1965, was presented from Mr. and Mrs. J. W. Smith, 9562 South Walker Street, Cypress, concerning the!Hy~and mosquito problem on South Walker Street, requesting that the City Council take action to resolve this problem. The City Manager advised the Council of a previous action regarding flies in the subject area, requiring the Health Department to submit a report regarding this problem and any further action which could be taken by the City Council. The City Manager suggested that the City Council notify Mr. and Mrs. Smith of this previous act&on. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to instruct the City Manager to notify Mr, and Mrs. Smith that the County Health Department is conducting an investigation of the agricultural uses in the area to determine the extent of the problem, and that the Mosquito Abatement District has been contacted regarding the existence of mosquitoes. COMMUNICATION FROM ORANGE COUNTY DENTAL ASSISTANTS SOCIETY RE: PROCLAMATION OF DENTAL ~SSISTANT WEEK: A communication dated July 23, 1965, was presented from Helen H. Worrell, President of the Orange County Dental Assistants Society, requesting that the week of August 22-28, 1965, be proclaimed as Dental Assistant Week in the City of Cypress. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to grant this request, whereupon Mayor Noe proclaimed the week of August 22-28, 1965, as Dental Assistant Week in the City of Cypress. COMMUNICATION FROM CYPRESS SCHOOL DISTRICT RE: JOINT MEETING BETWEEN SCHOOL DISTRICT AND CITY COUNCIL: A communication dated July 29, 1965, was presented from Mr. Vincent L. Devaney, Superintendent of the Cypress School District, stating that the joint meeting between the School District Board of Trustees and the City Council members has been scheduled for 7:30 p.m. on August 5, 1965, at the Damron School. It was moved by Councilman Wright, seconded by Councilman Kanel, and unani- mously carried, this communication be received and filed. EXPIRATION OF PLANNING COMMISSIONER TERM: Mayor Noe requested a continuance of this appointment to allow an opportunity for all interested persons to be interviewed by the City Council. Following discussion, it was~Dved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to concur with Mayor Noe's recommendation to contiuue this matter until the adjourned regular meeting to be held on August 5, 1965. REIMBURSEMENT AGREEMENT WITH ROBERT H. GRANT COMPANY FOR CERRITOS AVENUE SANITARY SEWER: A report dated July 26, 1965, was presented from the City Engineer, stating that as a part of the development of Tract Nos. 4752, 5133, 5134, and 5272, the Robert H. Grant Company was required to install sanitary sewers in Cerritos Avenue from 529 feet west of Denei Street to Bloomfield Street, which will directly benefit adjacent property owners on Cerritos Avenue. The subject Reimbursement Agreement will provide for the City to collect a sewer acreage charge for those adjacent property owners who may wish to utilize this sewer line, a portion of which will be reimbursed to the Robert H. Grnat Company. The cost of the sewer installation has been reviewed by the Public Works Department and found to be acceptable. August 2, 1965 447i It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to approve the Reimbursement Agreement in the amount of $8,764.74 between the City and the Robert H. Grant Company for the sanitary sewer constructed in Cerritos Avenue from 529 feet west of Denni to Bloomfield, and authorize the Mayor to sign and City Clerk to attest the Agreement. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman STATEMENT OF RECEIPTS AND EXPENDITURES, FISCAL YEAR 1964-65: A report dated July 29, 1965, was presented from the City Manager, reviewing the Statement of Receipts and Expenditures for the fiscal year 1964-65. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, this report be received and filed. CIVIC CENTER FOUNDATION INVESTIGATION: A report dated July 29, 1965, was presented from the City Engineer, outlining the need to conduct a foundation investigation of the civic center property to determine the bearing capacity of the subsurface soil, and recommending the employment of the firm of Dames and Moore to complete this work at an estimated total fee of $3,700.00 In answer to a question from Councilman McCarney, the City Attorney stated that public bids are not required for a project of this nature. Discussion was held concerning the possibility of obtaining two more informal bids for the subject work and concerning the time element involved in obtaining these additional bids. The Public Works Director advised the Council that he feels the amount estimated by Dames and Moore is a reasonable fee for the work, and also stated that this firm is nationally recognized in the field of s~ils tests. Following further discussion, it was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to request the staff to obtain two additional proposals for the foundation investigation for the Civic Center site. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman CIVIC CENTER TOPOGRAPHIC MAP AND RECORD OF SURVEY: A report dated July 29, 1965, was presented from the City Engineer, outlining the need for a topo- graphic map to be prepared to enable the architect to design the grading plan for the Civic Center site. The estimated cost for the record of survey is between $900 and $1,100. Following discussion concerning recording and checking the record of survey, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to authorize the expenditure of an amount not to exceed $1,100.00 to cover the employment of an engineering firm to prepare a topographic map and a Record of Survey for the Civic Center Site. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCIEMEN: Kanel, McCarney, Wright, and Noe None Gorzeman RECONSIDERATION OF CIVIC CENTER FOUNDATION INVESTIGATION: Councilman Kanel requested permission to reconsider the action taken concerning the civic center foundation investigation. Councilman Kanel made a motion that the staff be directed to secure the additional proposals for presentation at the adjourned meeting to be held on August 5, 1965. The City Manager advised that he felt it would be difficult to receive additional proposals in such a short period of time. The Public Works Director outlined the procedures involved in the engineering firms submitting a proposal. August 2, 1965 Councilman Kanel's motion died for lack of a second. The City Manager advised that the working drawings of the civic center facility could be delayed if authorization for a soils test is not given in the near future. It was further suggested that the staff could investigate the costs of similar soils tests for other cities in order to determine whether or not the proposal of Dames and Moore was in the proper amount. Following further discussion, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to instruct the staff to investigate the soils test proposal submitted by the firm of Dames and Moore to determine if the proposal is reasonable, the results of which will be presented to the City Council at the regular adjourned meeting of August 5, 1965. FIRST READING ORDINANCE ADOPTING CODIFICATION OF CITY'S ORDINANCES: The City Manager presented an Ordinance adopting the codification of the City's Ordinances entitled"The Code of the City of Cypress". The City Attorney advised that following the first reading of this Ordinance, a Public Hearing must be scheduled to consider any protests tothe adoption of the Code. Mayor Noe inquired as to the procedure in changing any sections of the code which appear to need review. The City Attorney advised that the Code is merely a compilation and codification of the existing City Ordinances, and any amendment to the actual ordinances would have to be processed in the prescribed manner. Mayor Noe cited various cases in the Zoning Ordinance where he felt the Code differed with the actual Ordinances; however, the staff advised that the Code had been correctly compiles from amendments to the original Zoning Ordinance No. 90. The City Attorney explained that the Public Hearing to consider the adoption of the Code was merely to consider any corrections to the codification of the Ordinances, not to amend the actual City Ordinances. ~Ie also ppi~ted out that the Zoning Ordinance portion of the Codw was merely an appendix and as such is not officially adopted as part of the Code. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Wright, and carried, to read the following Ordinance by title only. Since the vote was not unanimous, the City Attorney read the adopting Ordinance i~ full, title of which is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY ENTITLED "THE CODE OF THE CITY OF CYPRESS, CALIFORNIA," PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN WITH CERTAIN EXCEPTIONS, AND.FOR OTHER PURPOSES HEREINAFTER SET OUT It was moved by Councilman Kanel, seconded by Councilman W~ight, and unani- mously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman Councilman Wright stated that he feels that portions of the H-C section of the Zoning Ordinance definitely need to be reviewed. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to schedule a Public Hearing concerning the adoption of the Code for 7:30 p.m. on August 23, 1965. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman'~ August 2, 1965 FIRST READING ORDINANCE AMENDING ORDINANCE NO. 236~ SPECIAL PERMIT ORDINANCE: The City Manager presented a draft of an amendment to Ordinance No. 236, the Special Permit Ordinance prepared by the City Attorney, and reviewed the principal changes in Ordinance No. 236. Mayor Noe requested that this matter be continued for further study, following which it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to continue consideration of the subject Ordinance until the next regular City Council meeting. EMERGENCY ORDINANCE ZONING PROPERTY WITHIN THE WATSON ANNEXATION: The City Manager stated that the emergency ordinance zoning the property within the Watson Annexation would require a four-fifths majority vote of the City Council and since one member of the Council was absent and Mayor Noe could not vote since he owns property within the subject area, he would recommend continuing consideration of this Ordinance. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to continue consideration of the emergency ordinance zoning the property within the Watson A~nexation area until the next regular meeting. SECOND READING ORDINANCE GRANTING FRANCHISE TO SOUTHERN CALIFORNIA WATER COMPANY: It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, the following Ordinance be read by title nnly, title as follows: ORDINANCE NO. 278 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 be adopted. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 11952 THROUGH 12005 ~PAYROLL): It was moved by Councilman Wright, seconded by Councilman Kane~ and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 623 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 11952 THROUGH 12005 The following roll call vote was mken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman FINAL TRACT MAP NO. 5337~ BARKLEY DEVELOPMENT: The City Manager requested permission to present Final Tract Map No. 5337 at this time. It was moved by Councilnmn Kanel, seconded by Councilman Wright, and unanimously carried, to consider Final Tract Map No. 5337 at this time. A report dated August 2, 1965, was presented from the City Engineer, recommending approval of Final Tract Map No. 5337, located between Moody and Grindlay, south of Lincoln Avenue, 11.092 acres, 45 R-1 lots, as requested by Barkley Development. August 2, 1965 Following discussion concerning ~is tract map, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to approve Final Tract Map No. 5337 subject to the completion of the improvement plans to the satisfaction of the City Engineer; to accept the bonds in the amount of $100,800, which is not less than 50I and not more than 100% of the total improvements; to accept the agreements for public improvements and authorize the Mayor to sign and City Clerk to attest; and to authorize the City Clerk to sign the record map. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman TEMPORARY EMPLOYMENT OF MAINTENANCE MAN: The City Manager requested permission to present a report concerning the temporary employment of a Maintenance Man. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to grant this request. The City Manager stated that on-the-Job injuries and an emergency operation have caused the Maintenance Department to be understaffed, and the situation will continue for approximately four to six weeks. He further stated that there are several projects which should be completed prior to the beginning of school and recommended the temporary employment of a Maintenance Man. It was moved by Councilman Kanel, seconded by Councilman Wright, and unani- mously carried, to authorize the Public Works Department to employ a temporary Street Maintenance Man for a period not to exceed six weeks. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright,~nd Noe None Gorzeman STATUS OF REGULATION OF WASTE SEWAGE WATER: Councilman Kanel inquired if the City Attorney had been contacted by the Attorney for the Cypress County Water District concerning the regulation of waste sewage water, since there appears to be a disagreement concerning the Water District's power to regulate sewage effluent. The City Attorney stated that he had not been contacted, but would be glad to meet with Mr. Rimel, the Attorney for the Water District. Following discussion concerning this matter, it was moved by Councilman Kanel to instruct the City Attorney to contact the Attorney for the Water District in order to preare an amendment to Ordinance No. 39 or other appropriate legislation which w~uld regulate the standing sewage water; however, the motion died for lack of a second. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to instruct the City Attorney to meet with the Attorney for the Water District and arrive at a solution for the ~sposal of ponding sewage effluent. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman ORAL COMMUNICATIONS: There were no oral communicatbns presented at this time. ADJOURNMENT: There being no further business to come before the City Council at this ti~e, it was moved by Councilman Wright, seconded by Councilman Kanel, and unani- mously carried, to adjourn this meeting at the hour of 9:02 p.m. until August 5, 1965, at 7:00 p.m. at the Damron School, 5400 Myra Avenue, Cypress, California. MAYOR ATTEST: d~TY CLERK August 2, 1965