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HomeMy WebLinkAboutMinutes 65-08-23MINUTES OF THE ~TY COUNCIL OF THE CITY OF CYPRESS HELD August 23, 1965 The Cypress City Council held a regular meeting on August 23, 1965, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 3:00 p.m., Mayor Frank P. Noe presiding. PRESENT: Councilmen Kanel, McCarney, and Noe ABSENT: Councilmen Gorzeman and Wright Also present were City Manager/City Clerk Dartell Essex; City Attorney James Erickson; Administrative Assistant Darrell Dalton; Public Works Direc~r Arthur Schatzeder; Building Superintendent Thomas Nudson; Secretary of the Planning Commission George Putnam, and Police Chief O.C. Foster. MINUTES: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the July 26, 1965, minutes be approved as mailed. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the August 2, 1965, minutes be approved asmailed with the following correction: Page 7, under TEMPORARY EMPLOYMENT OF MAINTENANCE MAN, the time period in the motion should be six weeks, not six months. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the August 5, 1965, minutes be approved as mailed. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the minutes of August 9, 1965, be approved as mailed. ORAL COMMUNICATIONS: There were no oral communications presented at this time. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to proceed to Item No. 5 on the agenda at this time. The City Manager stated that he had asked a representative from the Civic Center Architectural firm to be present at the City Council meeting to present the preliminary cost estimates for the civic center construction. Councilman McCarney suggested that this. matter be presented during the evening portion of the meeting; however, after further discussion, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to allow the Architect to make his presentation within the next hour of the City Council meeting. COMMUNCIATION FROM ORANGE COUNTY BOARD OF SUPERVISORS RE: COMPLETION OF KNOTT AVENUE ANNEXATION TO CITY OF CYPRESS: The City Manager presented a Resolution from the Orange County Board of Supervisors, annexing a portion of Knott Avenue to the City of Cypress from the Stanton Storm d~emnel south to the Cypress City limits. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unani- mously carried, this communietion be received and filed. COMMUNICATION FROM ORANGE COUNTY WATER DISTRICT RE: APPOINTMENT OF MARVIN GADE TO SANTA ANA RIVER BASIN REGIONAL WATER POLLUTION CONTROL BOARD: The City Manager presented a communication dated July 28, 1965, from Mr. John Mo Toups, Assistant Manager of the Orange County Water District, requesting the City Council to support a Resolution of the Orange County Water District, urging Governor Edmund G. Brown to appoint Mr. Marvin Gade, Plant Manager of the Kimberly-Clark Fullerton plant, as the representative of industry on the Santa Ana River Basin Regional Water Pollution Control Board. Following discussion concerning this matter, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to recommend to Governor Brown that Mr. Marvin Gade be appointed as the representative of Industry on the Santa Ana River Basin Regional Water Pollution Control Board. August 23, 1965 COMMUNICATION FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RE: SELECTION OF REPRESENTATIVE FOR SCAG GENERAL ASSEMBLY: The City Manager presented a communication dated August 4, 1965, from Mr. Jay Michael, of the Southern California Association of Governments, requesting that the City Council designate an official representative and an alternate to represent the City in the SCAG General Assembly. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unani- mously carried, to designate Mayor Frank P. Noe as the official representative of the City of Cypress on the SCAG General Assembly. COUNCILMAN GORZEMAN ARRIVED AT 3:15 P.M. AND TOOK HIS CHAIR ON THE PODIUM. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to designate Councilman John Kanel as the Alternate representative of the City of Cypress on the SCAG General Assembly. PRESENTATION OF CIVIC CENTER COST ESTIMATES BY CIVIC CENTER ARCHITECT: Mr. Stewart Woodard, representing William Per~ira and Associates, Architects for the Cypress Civic Center, addressed the Council, and outlined in detail the preliminary cost estimates for the Civic Center. Mr. Woodard also summarized various areas which could be reduced, thereby lowering the total cost estimate. Following considerable discussion concerning the cost estimate, it was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to continue this ma~er until the evening portion of the City Council meeting, following the scheduled public hearings. NEWS RELEASE FROM SUPERVISOR PHILLIPS RE: COMMENDATION TO CYPRESS AND ROSSMOOR BOYS FOR WINNING CHRYSLER CORPORATION CONTEST: The City Manager presented a news release from Supervisor William Phillips' office, stating that Orange County- has adopted and presented Resolutions of Commendation to Christopher Hoyt, 3321Cortese Drive, Rossmoor, and Fred Smith, 8271Carob, Cypress, commending them for their skill in winning the national finals in the Chrysler Corporation - Plymouth Division Trouble Shooting Contest in Detroit, Michigan. Following a brief discussion, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to instruct the City Manager to prepare a Resolution of Commendation for Fred Smith and Christopher Hoyt, for presentation at the next City Coundl meeting, and further to invite these boys to be present at the City Council meeting to accept this Resolution of Commendation. COMMUNICATION FROM WILLIAM T. MORAN~ RESIGNING FROM PARK AND RECREATION STUDY COMMITTEE: The City Manager presented a communication dated August 4, 1965, from Mr. William T. Moran, submitting his resignation from the Park and Recreation Study Committee, and recommending that Mr. Frank Fedowitz, 5066 Brunswick Drive, Cypress, be appointed as his replacement. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unani- mously carried, to accept the resignation of Mr. William Moran from the Park and Recreation Study Committee. It was further moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to appoint Mr. Frank Fedowitz, 5066 Brunswick Drive, Cypress, as a member of the Park and Recreation Study Committee. COMMUNICATION FROM METROPOLITAN WATER DISTRICT RE: SUPPORT OF LOWER COLORADO RIVER BASIN PROJECT ACT: The City Manager presented a communication dated August 6, 1965, from the Metropolitan Water District, requesting the City Council to adopt a Resolution in support of the Lowe~ Colorado River Basin Act, which will be introduced during the summer hearings before the Sub- Committee on Irrigation and Reclamation. The City Council, at a previous meeting had supported this legislation; however, an official Resolution had not been adopted. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, the following Resolution be adopted title as follows: RESOLUTION NO. 625 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS' SUPPORTING THE LOWER COLORADO RIVER B~SIN PROJECT ACT August 23, 1965 COMMUNICATION FROM PAUL J. ERSKINE~ NEWS ENTERPRISE~ RE: CHANGE OF OWNERSHIP OF ENTERPRISE NEWSPAPER: The City Manager presented a communication dated August 13, 1965, from Mr. Paul J. Erskine, General Manager of the News-Enter- prise, informing the City of a ~hange in ownership of the Enterprise, and offering the City assistance in providing.more news coverage for the community. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unani- mously carried, this communication be received and filed. Councilman Kanel stated that he wished to make it a matter of record that he now holds an interest in the "News-Enterprise" Newspaper. COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL DEPARTMENT RE: TRANSFER OF LICENSE AT WOLVERINE BAR: The City Manager presented a communication from the Depart- ment of AlcohOlic Beverage Control, notifying the City of an application for transfer of the on-sale beer license at the Wolverine Bar, 6393 West Ball Road, Cypress, from Gerald J. and Jack Thompson to Golden A. Sackett. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. TENTATIVE TRACT MAP NO. 5660~ HARRY B. MAXWELL: The City Manager presented Tentative Tract Map No. 5660, located on the south side of Orange Avenue approximately 649' west of Valley View Street, 35 R-1 lots, 7.2 acres, as requested by Harry B. Maxwell, 5103 Telegraph Road, Los Angeles. The Secretary of the Planning Commission outlined the recommendation of the Planning Commission for approval of this Tentative Tract Map. Mr. Ken Trill, representing the applicant, addressed the Council, stating that custom-built homes are planned for the tract. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to approve Tentative Tract Map No. 5660, subject to the following conditions: A 10' easement for drainage purposes shall be granted to the City of Cypress between Lots 26 and 27 in a location to be determined by the City Engineer. A block wall fence 6' in height shall be constructed along the southerly boundary of the tract. A 6' high wall shall be constructed in accordnnce wi~h city standards along property lines on Lots 26 and 27, abutting the drainage easement. Vehicular access rights to Orange Avenue shall be dedicated to the City of Cypress on the final map. The developer shall pay drainage fees in accordance with the Master Plan of Drainage and the Subdivision Ordinance. 6. All streets shall be dedicated and improved to city standards. 7. All streets shall be to widths as shown on the tentative tract map. 8. All parkways shall be a minimum of 10' in width. Drainage easement beginning at the southeasterly corner of the tract, at a width and location to be determined by the City Engineer, shall be granted to the City of Cypress. This easement shall terminate at Valley View Street. 10. Orange Avenue will be dedicated 42' south of centerline in accordance with the Master Plan of Streets and Highways and improved to city standards. 11. The drainage easement between Lots 26 and 27 shall be a concrete lined structure, the design and construction to be approved by the City Engineer. 12. Drainage shall be solved to the satisfaction of~he City Engineer. August 23, 1965 13. In the event an underground drainage structure, as approved by the City Engineer, is constructed between Lots 26 and 27, the block wall fence abutting the drainage easement will not be required. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright COMPLETION OF TRAFFIC SIGNALS AND INTERSECTION LIGHTING INSTALLATION AT BALI, ROAD AND WALKER STREET: A report dated August 17, 1965,was presented from the City Engineer, stating that the installation of traffic signals md intersection lighting at the intersection of Ball Road and Walker Street was completed on July 19, 1965, and recommending that the work be accepted and the Notice of Completion filed. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unani- mously carried, to accept the traffic signal and intersection lighting instal- lation at Ball Road and Walker Street, and authorize the filing Of the Notice of Completion. CONTINUATION OF AGENDA ITEMS UNTIL EVENING PORTION OF THE CITY COUNCIL MEETING: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unani- moulsy carried, to continue Agenda Itmes Nos. 15 - 21 until the evening portion of the City Council meeting. MONTHLY VARIAN~ REPORT OF REVENUES AND EXPENDITURES: A report dated August 19, 1965, was presented from the City Manager, transmitting the Monthly Variance Report of Revenues and Expenditures, and outlining the contents of the variance report, the purpose of which is to provide the City Council and City Manager with current information as to the actual revnues received and appropriations expended as compared with the estimates made for the 1965-66 budget. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unani- mously carried, this report be received and filed. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS~ TRACT NO. 5558~ BARKLEY DEVELOPMENT COMPANY: A report dated August 23, 1965, was presented from the City Manager, stating that the Public Works Inspector has completed a final inspection of the public improvements for Tract No. 5558, located on the west side of Moody, north of Orange Avenue, 50 R-1 lots, developed by Barkley Development Company. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to accept the public improvment~ for Tract No. 5558 and authorize the City Clerk to exonerate the bonds in 90 days following acceptance if no mechanics liens have been filed. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright CERTIFICATION OF EMPLOYMENT LIST FOR ASSISTANT CIVIL ENGINEER: A report dated August 17, 1965, was presented from the City Manager, setting forth the results of an examination conducted for the position of Assistant Civil Engineer. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unani- mously carried, to certify the Assistant Civil Engineer Employment list as submitted. MONTHLY ACTIVITY REPORT FOR JULY 1965: Following discussion concerning the number of misdemeanor offenses set forth in the Police Department section of the Monthly Activity Report, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the Monthly Activity Report for July 1965 be received and filed. ORANGE COUNTY HEALTH DEPARTMENT REPORT RE: FLY CONTROL: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to consider the Orange County Health Department Report concerning fly contorl at the evening portion of the City Council meeting. August 23, 1965 RECESS: Mayor Noe declared a recess at the bur of 4:17 p.m. The meeting was called back to order at 4:25 p.m., all City Councilmen being present with the exception of Councilman Wright. AMENDMENT TO ORDINANCE NO. 236, SPECIAL PERMIT ORDINANCE: A report dated August 19, 1965, was presented from the City~er. outlining a proposed Ordinance to amend the Special Permit Ordinance, to clarify both the types of special permits reqeired to be processed by the City Council and to ~mpreve the processing procedares. Following discussion concerning the provisions of this new proposed Ordinance, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unani- mously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 236 OF THE CITY OF CYPRESS, REQUIRING SPECIAL PERMITS FOR THE CONDUCT, OPERATION OR MANAGEMENT OF CERTAIN BUSINESSES WITHIN THE CITY OF CYPRESS It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMENY ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright AMENDMENT TO ORDINANCE NO. 212, HOTEL/MOTAL TAX ORDINANCE: A conmunication dated August 19, 1965, was presented from the City Manager, stating that the Attorney General has recently issued a ruling which states that any Federal or State of California officer or employee going on official b~siness is not exempt from provisions of the hotel/motel tax, as now provided for in Section IV-B of Ordinance No. 212. It was moved by Councilman McCarney, 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 OF CYPRESS AMENDING ORDINANCE NO. 212 BY AMENDING SECTION IV THEREOF TO DELETE CERTAIN EXEMPTIONS. 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: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright AMENDMENTS TO UNIFORM BUILDING CODE~ UNIFORM PLUMBING CODE, AND UNIFORM HEATING AND COMFORT COOLING CODE RE: PROVISION FOR REFUNDS: A report dated August 19, 1965, was presented from the City Manager, recommending that the Building, Plumbing, and Heating Codes of the City be amended to provide for a refund of fees on permits which are issued but not used. 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 OF CYPRESS AMENDING SECTION 303 (a) OF THE UNIFORM BUILDING CODE OF 1964 TO PERMIT REFUND OF PERMIT FEES August 23, 1965 It was further moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorgeman, Kanel, McCarney, and Noe None Wright It was moved by Councilman McCarney, seconded by Councilman Kanel, and unani- mously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS AMENDING SECTION 1.12 OF THE UNIFORM PLUMBING CODE OF 1964 TO PERMIT REFUND OF PERMIT FEES. It was moved by Councilman Gorgeman, seconded by Councilman McCarney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorgeman, Kanel, McCarney, and Noe None Wright It was moved by Councilman Gorgeman, seconded by Councilman Kanel, and unanimously carried, the following Ordinance be Eead by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS AMENDING SECTION 1.11 OF THE UNIFORM HEATING & COMFORT COOLING CODE OF ~64 TO PERMIT REFUND OF PERMIT FEES It was moved by Councilman Gorgeman, seconded by Councilman McCarney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorgeman, Kan~t, McCarney, and Noe None Wright EMERGENCY ORDINANCE ZONING PROPERTY WITHIN WATSON ANNEXATION: It was moved by Councilman McCarney, seconded by Councilman Gorgeman, and unanimously carried, to continue con&ideration of this Ordinance un[il the evening portion of the City Council meeting. RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 12006 THROUGH 12062 (PAYROLL): It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 626 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 12006 THROUGH 12062 The following roll call vetewas taken: AYES: 4 COUNCILMEN: Gorgeman, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Wright RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 12063 THROUGH 12141 (COMMERCIAL WARRANTS): It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 627 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 12063 THROUGH 12141 August 23, 1965 The following roll call vote was taken: AYES: 4 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Wright RESOLUTION PROVIDING PERIOD WITHIN WHICH CLAIMS MAY BE FILED WITH THE CITY: The City Attorney requested permission to present a Resdution concerning the time period for filing claims against the City. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanlmouely carried, to grant the City Attorney's request. The City Attorney advised that the Tort Claims Act of ~63 does not provide a time limit in which certain claims against the City must be filed, and sug- gested that a one-year time limit ~ established for those claims not covered by the Claims Act. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 624 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROVIDING FOR THE PERIOD WITHIN WHICH CERTAIN CLAIMS MAY BE FILED WITH THE CITY. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright EXECUTIVE SESSION: The City Manager advised that there were two matters which should be discussed in executive session. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to go into executive session at the hour of 4:50 p.m. The Mayor called the meeting back to order at 5:20 p.m., all City Councilmen being present with the exception of Councilman Wright. RECESS: It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unani- mously carried, to declare a recess at 5:20 p.m. until 7:30 p.m. CALL TO ORDER: Mayor Noe called the meeting back to order at 7:30 p.m. with the following Councilmen in attendance: PRESENT: Councilmen Gorzeman, Kanel, McCarney, Wright, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Administrative Assistant Dartell Dalton; Public Works Director A~Lhur Schatzeder; Secretary of the Planning Cormnission_George Putnam; Building Superintendent Thomas Nudson; and Police Chief O. C. Foster. Prior to beginning the Public Hearings scheduled for 7:30 p.m., the City Manager reviewed the actions taken by the City Council at the 3:00 p.m. session of the meeting. PUBLIC HEARING RE: MODIFICATION OF CONDITIONAL USE PERMIT NO. C-156 (LARWIN COMEANY): The Mayor announced this was the time and place for the Public Hearing to consider an application for modification ef~a Condi~bnal Use Permit to allow changes in the original plot plan for 438 units of the townhouse development generally located south of Ball Road between Denni Street and Bloomfield Street and north of the Carbon Creek Channel, requested by the Larwin Company, 9300 Wilshire Blld., Beverly Hills, California, known as Modification of Conditional Use Permit No. C-156. August 23, 1965 The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed Modification of Conditional Use Permit. The Secretary of the Planning Commission reviewed the modification and stated that the Planning Commission had recommended approval subject to 20 conditions. Mr. Lee Goldin, representing the Larwin Company, addressed the Council, stating that his Company is in accord with the conditions as recommended by the Planning Commission. Discussion was also held regarding the drainage plan for the subject area. 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, to approve Modification of Conditional Use Permit No. C-156 subject to the following conditions: Trash collection stations shall be screened from view by a solid fence. Carports shall be screened from view by a solid fence. The ends of the alleys shall be screened from view from the dwelling units. Trailer and boat storage areas shall be approved by the staff prior to the submittal of landscaping plans for approval. The trailer and boat storage areas shall be screened. Screening details shall be submitted to the staff for approval prior to the submittal of the landscaping plans for approval. Open green area south of Delano Lane to remain open except for periphery walks, this area to be used for open play. 7. All alley tu~narounds to be approved by the City Engineer. 8. The curb returns and alley turnarounds to be a minimum of 15' where trash truck access is necessary. 9. A minimum of 25' separation between buildings facing front to side shall be maintained. 10. 11. The building located on Lots 91 and 365 shall be one story in height. The Conditional Use Permit Modification is approved subject to the recordation of a final tract map for the project. 12. A six foot (6') high ornamental wall shall be constructed along Ball Road in conformance with City standards. 13. A chain link fence shall be constructed along the Flood Control Channel to meet the Orange County Flood Control District's standards. 14. 16. The force main design location to be approved by the City Engineer. The pump station in Drainage District 2-A shall be mnstructed prior to occupancy. Two swimming pools shall be provided, one at the west end and one at the east end of the development. 17. 18. The conditions of Conditional Use Permit No. C-156 are still in full force and effect excepting those conditions in direct conflict with the conditions of this application. Conditions number 16 and 17 of the general conditions on Conditional Use Permit No. C-156 are null and void. August 23, 1965 A variance application must be submitted to the City to determine if carports will be allowed. Drainage fees shall be paid in accordance with the Master Plan of Drainage. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: PUBLIC HEARING RE: Gorzeman, Kanel, McCarney, Wright, and Noe None None AMENDMENT TO ZONING ORDINANCE RE: YARD REGULATIONS AND LOT COVERAGE: The May~r announced this was the time and place for the Public Hear- ing to consider proposed amendments to the Zoning Ordinance Section 107.6, C, "YARD REGULATIONS:, Rear Yard" and Section 107.7 "LOT COVERAGE", 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 amendments. The Secretary of the Planning Commission outlined the proposed amendment recommended by the Planning Commission, said amendment to allow encroachments into the required rear yard of 10' provided that 70% of the required yard is left open and unobstructed, and provided that the maximum coverage of the total lot shall not exceed 40% by all structures. He further stated th~ the Planning Commission had recommended the 10' encroachment into the rear yard only for additions to existing dwellings. Mr. Lee Goldin, representing the Larwin Company, addressed the Council, stating that he is in favor of the amendment, but feels it should not be limited to remodeled structures. The City Manager advised the Council tha~the original recommendation to the Planning Commission was to allow this amendment to apply to all dwellings. There being no oral prote~s and no written communications, 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: ORDINA~.CE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, SECTION 107.6,~"YARD REGULATIONS: REAR YARD" AND SECTION 107.7, "LOT COVERAGE" It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to adopt the first reading of this Ordinance, with Section 1-C to read as follows: "Rear Yard. Each lot shall have a rear yard extending across the full width of the lot of not less than twenty (20) feet. An encroachment of ten (10) feet into the required rear yard is permitted provided 1500 square feet of open area is maintained to the side or rear of the main building, and further provided that there may be an encroachment of ten feet into the required rear yard setback if not more than thirty percent (30%) of the required rear yard is covered by structures." The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE RE: SECTION 125.8 "WALL~ FENCED OR HEDGE MAY BE M~INTAINED": The Mayor announced this was the time and place for the Public Hearing to consider a proposed amendment ~e the Zoning Ordinance No. 90, Section 125.8, VWALL, FENCE, OR HEDGE MAY BE MAIN- TAINED", initiated by the Cypress Planning Commission. The Mayor declared the Public Hearing open and aksed if anyone in the audience wished to speak for or against the proposed amendment. August 23, 1965 The Secretary of the Planning Commission outlined the proposed amendment recommended by the Planning Commission, said amendment to clarify the height and location of fences around residential properties. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimosuly 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 125.8~"WALL, FENCE, OR HEDGE MAY BE MAINTAINED" It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unani- mously 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 PUBLIC HEARING RE: ADOPTION OF THE "CODE OF THE CITY OF CYPRESS": The Mayor announced this was the time and place for the Public Hearing to consider the adoption of an Ordinance adopting "The Code of the City of Cypress, California" containing certain Ordinances of a general and permanent nature as compiled, consolidated, codified, md indexed in Chapters 1 - 26, both inclusive. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed "Code of the City of CypressV The City Manager explained that the "Code" was a codification of all City Ordinances into one single book form. It was also a clarification of Ordinances that may h~ve had conflicting sections. The City Attorney advised tha~the Code reflected only those ordinances in effect as of March 1st, an&i that additional su[plements would be printed each year. In answer to a question from Councilman Wright, the City Attorney advised that any changes to the Ordinances would have to be processed in the normal amendment procedure, since this Public Hearing was Just to determine if the Code properly represents the ordinances existing as of March 1st. 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. 279 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 McCarney, seconded by Councilman Kanel, 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 August 23, 1965 APPROVAL OF PLANS AND SPECIFICATIONS FOR VALLEY VIEW AND BALL ROAD BRIDGE WIDENING PROJECTS: A report dated August 17, 1965, was presented from the City Engineer, stating that the plans and specifications for the Valley View and Ball Road bridge widening projects had been completed by the consulting engineer, and recommending approval subject to various correcti6ns. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to approve the Plans and Specifications for the Valley View and Ball Road bridge widening projects subject to corrections required by the Orange ~ounty Flood Control District, Orange County Road Department, and the State Division of Highways. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None JOINT POWERS AGREEMENT BETWEEN CITY OF CYPRESS AND ORANGE COUNTY FLOOD CONTROL DISTRICT FOR WIDENING BRIDGES AT VALLEY VIEW AND BALL ROAD: A report dated August 16, 1965, was presented from the City Manager, outlining the terms of a proposed Joint Powers Agreement between the Orange County Flood Control District and the City for the completion of the widening of th~ Valley View and Ball Road Bridges. The City Manager and Public Works Director have r~viewed the Agreement and the estimated work to beaccomplished by the Flood Control District and recommend approval. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to approve the Joint Powers Agreement as outlined in the City Manager's report of August 16, 1965, between the City of Cypress and the Orange County Flood Control District, and further authorize the Mayor to sign and City Clerk to attest the subject Agreement upon approval as to form by the City Attorney. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None TOWING SERVICE: A report dated August 18, 1965, was presented from the City Manager, stating that five towing companies had submitted bid proposal~ to t.he City, as authorized at the July 26, 1965, City Council meeting. The report stated that from an over-all evaluation of type of storage area,' quantity and quality of equipment, and rate schedule, Brownie's Body Shop was ~etermined to be the most qualified towing service company in the area, with Wes Parker Towing Service determined to be the next mDst qualified company. It was noted that thee'Cypress Tow Service was disqualified on the basis of a charge being required for dry-run calls, since the City has no provision in the budget for paying the costs of these dry run towing calls. In answer to a question from Councilman McCarney, the City Manager explained that the towing 'service would primarily be used by the Police Department in the removal of illegally parked cars, abandoned cars, and vehicles involved in accidents. In answer to a question from Counc~man Wright, the City Manager outlined the bid prices submitted by each of the five towing companies. Mr. L. J. McBride, representing the Cypress Chamber of Commerce, addressed the Council, stating that the storage yard facilities on Valley View for Brownies Body Shop are limited. With reference to the storage yards, the Chief of Police advised the City Council of the condition of the storage yards of each of the towing companies. Coundlman Kanel suggested the possibility of the City Council making a tour of the various towing company facilities. Councilman McCarney stated he feels the entire matter need~ further study. It was moved by Councilman McCarney, seconded by Councilman Wright, and unani- mously carried, to continue consideration of the towing service until the next regular City Council meeting in order to allow further study concerning this matter. August 23, 1965 PRESENTATION OF CIVIC CENTER COST ESTIMATES BY CIVIC CENTER Ai~CHITECT: The City Manager sta~Ltd that Mr. Stewart Woodard, of the Architectural firm of William L. Peteira & Associates, was in the audience and was prepared to review with the City Council the preliminary cost estimates for the civic center construction and certain reconmended revisions and adjustments to be considered by the City Council. Mr. Woodard addressed the Council, stating that in order to proceed with the working drawings for the civic center construction, the City Council must approve the preliminary plans and cost estimates. The preliminary plans were submitted to a qualified estimator, who submitted an estimate of $821,900 for the civic center construction. Inasmuch as this estimate exceeded the amount originally discussed with the City Council, the architect indicated that a complete review had been made of the areas in which savings could be made by revising the original plans and by providing bid alternatives in the final working drawings. Mr. Woodard reviewed in detail the following items which could be changed to lower the total project: Change the City Council Chambers by reducing the concrete column sizes, change the color of glass, reduce the heighth of the building, and reduce the width of the stairs; change the Administration Building by reducing the height, reducing the electrical estimate, deleting the crushed rock base and water proofing under the building, reducing the size of the columns, and eliminating the concrete columns in the connector link. These changes result in a reduction in project costs of $123,60~ for a total estimated cost of construction of $698,300. Mr. Woodard further recommended that the following items be considered for alternate bidding in the Plans and Specifications: Elimination of reflection pools around the City Council Chambers; reduction in the size of the plaza walks; elimination of the sun screens around the buildings; eliminating the glass in the connector link; and simplification of the paving patter~all of which could reduce the total cost by $33,300, lowering the total project cost to $665,000. The City Council would be able to determine at the time the actual bids were received, which of the ~tternate items should be deleted from the overall construction of the project. It was further explained that the architect felt that these estimates were high and that the actual bids should be somewhat lower than the costs submitted by the estimator. In any event, the architect felt that the total project was now in line with the original City Council discussions for the construction of the civic center and recommended that the City Council accept the recommenda- tions as outlined. Further discussion was held regarding the savings which could be made by lowering the Council Chambers to ground level. Mr. Woodard emphasized the proposed uses which could be made of the area under the Council Chambers as an area for exhibits and other civic functions. The Council was further advised that st some date in the future this area could be enclosed with glass to provide for additional civic functions. Mr. Richard Critelli addressed the Council, asking whether or not further investigation had been made regarding the possibility of using the Cypress School for Civic Center purposes. The City Manager stateed that he had spoken to the Superintendent of Schools concerning this matter, and further advised that the offer had not been an official action of the School Board, but was just a suggestion by one of the School Board members. The City Manager al~ stated that the need for Civic Center facilities is immediate, and any action to use the Cypress School would probably involve one to two years. The City Manager further outlined the disadvantages of having the Civic Center located in the Cypress School, including the problems of the Police Department operation. The City Attorney advised the Council that the School District, as a public agency, cannot give away public property, but would be required to obtain a fair market value for the property at a public auction. August 23, 1965 Mr. Critelli again addressed the Council, stating that his concern is whether the City had seriously studied the possiblity of using the Cypress School for Civic Center purposes. He also stated that althoughl the school has been condemned for school purposes, this would not mean that it could not be used as a Civic Center. Several members of the City Council recommended that if the School Board had wanted to offer this building to the City for Civic Center purposes, the offer should have been made some time ago. Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve the Civic Center preliminary plans and cost estimate with the changes as outlined by the Architect, to leave the City Council Chambers elevated, and to provide for the alternate bids as outlined by the Architect. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None Councilman Kanel requested that the Architect provide a copy of the various cost estimates for each of the City Council members. AGREEMENT FOR LEGAL SERVICES: A report dated August 19, 1965, was presented from the City Manager, outlining the need to formalize an Agreement between the City Council and the City Attorney for legal services. A proposed Agree- ment has been submitted by the City Attorney which provides for ~ retainer fee of $1,000 per month for all normai legal services required for the City operation. Expenditure of funds for special services, such as litigation and bond issues, would be made only with the approval of the City Manager, and would be computed at the regular office designrate for the attorney performing the special services. Following discussion, it was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to accept the proposal submitted by Mr. H. Rodger Howell, dated August 17, 1965, for legal services for the City of Cypress. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None EMERGENCY PLANNED DEVELOPMENT ZONING ORDINANCE: A report dated August 19, 1965, was presented from the City Manager, recommending the adoption of an emergency ordinance to place the 36-acres of property located on the south- west corner of Valley View and Ball Road in a P-D (Planned Development) zone for a period of six months to allow time for the Planning Department to com- plete studies concerning the possibility of this property being zoned for a commercial development. The City Attorney read the recommended emergency ordinance in full, title of which is as follows: ORDINANCE NO. 280 AN INTERIM ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY TEMPORARILY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY OF CYPRESS FROM R-1 (ONE-FAMILY RESIDENTIAL) TO P-D (PLANNED DEVELOPMENT) It was moved by Councilman Wright, seconded by Councilman Kanel, and unani- mously 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 August 23, 1965 ESTABLISHMENT OF CITY TAX RATE: A report dated August 19, 1965, was presented from the City Manager, summarizing the Assessed Valuation figures of the City for the 1965-66 fiscal year, and reco~anending that the tax rate remain at $1.00 per $100 assessed valuation. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, the following Ordinance establishing a tax rate of $1.00 per $100 assessed valuation be read by title only, title as follows: ORDINANCE NO, 281 AN ORDINANCE OF THE CITY OF CYPRESS FIXING THE MUNICIPAL 'TAX RATE FOR THE FISCAL YEAR 1965-66 It was moved by Councilman Kanel, seconded by Councilman Wright, and unani- mously carried, to adopt this Ordinance, which will become effective immediately. The following roll call vote was taken: AYES: 5 COUNCILSfEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ORANGE COUNTY HEALTH DEPARTMENT REPORT RE: FLY CONTROL: A report dated August 19, 1965, was presented from the City Manager, transmitting a copy of a report from the Orange County Health Department concerning fly control for the area within one-half mile of Rome Street and Rome Avenue. The report from the Health Department indicated that reasonable fly control measures are being practiced and fly breeding controlled in the subject area with the exception of the Meekhof p~dltry ranch and the dairy west of Walker, south.of Orange. Mr. Edgerly, of the Orange County Health Department, addressed the Council, stating that an inspection conducted this date of the Meekhof Paultry Ranch had indicated that the fly breeding was presently under contr~T~ however, the fly control problem at the location is continuous. A reinspection of the dairy on Orange Avenue indicated the over the past years the area has built up with a high sludge due to the disposal of waste water from the dairy. Mr. Edgefly indicated that the dairy operation is scheduled to crease in October, which will solve the present problem. He also stated that the owner is going to till the soil, which should eliminate some of the waste waterj With reference to this matter, the City Manager stated that he had spoken to the property owner, who indicated that the individual leasing the dairy has been given until the end of October to remove the dairy, at which time development of the property is proposed. Councilman McCarney inquired if the City Attorney had any further information concerning the control of waste sewage water. The City Attorney readYin full a conmunication dated August 20, 1965, concerning the Regulation of Dairy Wash Water Disposal, which outlined the following alternatives the City Council could use in regulating the disposal of dairy wash w~r: Utilization of the established county procedures regulating ~hch disposal to prevent the breeding of flies; Utilization of the procedures of the Santa Ana River Basin Regional Water Pollution Control Board to prevent the discharge of industrial wastes or sewage in a manner which would either constitute a health hazard of a nuisance; Adoption of an ordinance by the City prohibiting disposal of dairy wash water upon the surface of any area within the city; and Commencement of an action by the City to enjoin such disposal as a public n~isance. With reference to these four methods of regulation, the City Attorney recommended that the City utilize Methods No. 1 and 2 since adequate regulation could be acsomplished with a minimum of additional administrative work and enforcement expense to the City. August 23, 1965. Councilman Wright stated that he felt the dairy in question could solve the problem by tilling the soil and transferring the disposal of water from one area to another. Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the Council, stating that he has never witnessed so much water as stands on the d~iry on Orange Avenue, and the owner does not attempt to dispose of the standing water. Discussion was held concerning the adoption of an ordinance to prohibit the disposal of dairy wash water. The City Attorney advised that since such an ordinance would affect the entire City, it could not become effective for approximately six months, which would allow time for affected property owners to comply with the provisbns of the ordinance through the installation of ceptic tanks, connections to sewers, etc. Following further discussion concerning this matter, it was moved by Councilman Gorzeman and seconded by Councilman McCarney to utilize the follow- ing methods of regulating the ~sposal of dairy wash water: Utilization of the established county procedures regulating such disposal to prevent the breeding of flies; Utilization of the procedures of the Santa Ana River Basin Regional Water Pollution Control Board to prevent the discharge of industrial wastes o~ sewage in a manner which would either constitute a health hazard or a nuisance. Prior to voting on this motion, it was moved by Councilman Kanel and seconded by Councilman McCarney to amend Councilman Gorzeman's motion, to add the following mehtod of regulating the disposal of d~ry wash water: Adoption of an ordinance by the City prohibiting disposal of dairy wash wager ~pon the surface of any area within the City. Prior to voting on this amendment motion, further discussion was held. Mr. Edgerly, of the County Health Department, again addressed the Council, outlining possible steps which could be used by the dairy at Orange and Walker to alleviate the problem of the standing waste water. Following further discussion, the following roll call vote was taken on Councilman Kanel's amendment motion: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel and McCarney Gorzeman, Wright, and Noe None The following roll call vote was taken on Councilman Gorzeman's original motion to utilize Methods Nos. 1 and 2 for regulation of dairy wash water: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None A further motion was made by Councilman Kanel to declare the situation on the dairy at Orange and Walker as a public nfilsance and instruct the City Attorney to take appropriate action to abate such nuisance; however, the motion died for lack of a second. With reference to the subject dairy, Councilman Gorzeman stated that is was his understanding that the Health Department had ~iven the dairy a 72-hour notice to abate the fly problem, and if the nuisance is not abated within that time, the Health Department will proceed to abate. The City Attorney verified this procedure and further oueli~ed the steps taken if abatement is ordered. EMERGENCY ORDINANCE ZONING PROPERTY WITHIN THE WATSON ANNEXATION: MAYOR NOE REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUM SINCE HE OWNS PROPERTY IN THE SUBJECT AREA, AND TURNED THE MEETING OVER TO MAYOR PRO TEM PETER GORZEMAN. The City Manager stated that since the original proposal for zoning of the area within the Watson Annexation to H-C, C-3, and R-l, the staff has held additional meetings which indicate the area proposed for R-1 should be zoned as C-3 until further studies are made. August 23, 1965 The following emergency ordinance, zoning the property within the Watson Annexation to H-C (Highway Commercial) and C-3 (Commercial Manufacturing) was read in full, title as follows: ORDINANCE NO. 282 AN INTERIM ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY AMENDING THE ZONING MAP OF THE CITY OF CYPRESS TO INCLUDE ADDITIONAL TERRITORY AND TO PLACE SUCH TERRITORY IN AN H-C (HIGHWAY COMMERCIAL) ZONE, AND C-3 (COMMERCIAL MANUFACTURING) ZONE. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to adopt this urgency ordinance. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Wright None Noe MAYOR NOE RETURNED TO HIS CHAIR ON THE PODIUM AND PRESIDED FOR THE REMAINDER OF THE MEETING. ORAL COMMUNICATIONS: Mr. L. J. McBride, representing the Cypress Chamber of Commerce, addressed the Council, reco~nending that the two towing companieslocated within the City of Cypress should be given additional consideration by the City Council in the selection of a towing service company. Mr. McBride also staeed that Mr. Hanson, of Cypress Tow Service, was willing to delete the charge for dry ~uns. ADJOURNMENT: There being no further business to come before the City Council at this time, it was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, the meeting adjourn at the hour of 10:35 p.m. ATTEST: August 23, 1965'