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HomeMy WebLinkAboutMinutes 65-12-13MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD December 13, 1965 The Cypress City Council held a regular meeting on December 13, 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 Darrell Essex; City Attorney James Erickson; Administrative Assistant Darrell Dalton; Public Works Director Arthur Schatzeder; and Secretary of the Planning Commission George Putnam. MINUTES: It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to approve the minutes of the Adjourned Regular Meeting of November 15, 1965, as mailed. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to approve the minutes of the meeting of November 22, 1965, as mailed. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to approve the minutes of the Special Meeting of December 3, 1965, 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. 3 on the Agenda, since Items No. 1 and 2 are public hearings scheduled for 7:30 p.m. COM}~INICATION FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RE: ADVANCE PAYMENT FROM CITY OF CYPRESS: The City Manager presented a communication dated November 19, 1965, from the President of the Southern California Association of Governments, requesting the City to make an advance payment against the basic fees to defray operating expenses of SCAG through June 30, 1966, said payment to be deducted from any other assessment for this period. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to authorize the payment of $100.00 as an advance payment against the basic fees to defray the operating expenses of the Southern California Association of Governments through June 30, 1966. COMMUNICATION FROM RAYMOND E. BISHOP RE: APPLICATION FOR ON-SALE BEER LICENSE AT THE POUR HOUSE: The City Manager presented a communication dated November 29, 1965, from Mr. Raymond E. Bishop, requesting the City Council to reconsider the action taken at its regular meeting of November 8, 1965, protesting the application for an on-sale beer license at the Pour House, 4352 Lincoln Avenue, Cypress. The City Manager stated that the City has recently been advised that Mr. Bishop's application was denied by the Department of Alcoholic Beverage Control. Mr. Raymond Bishop, 4352 Lincoln Avenue, Cypress, addressed the Council, stating that h~ feels the application was denied due to the City's protest, and requested that the City Council reconsider its action on the basis of the documents presented by him to the City Council. In answer to a question from the City Attorney, Mr. Bishop stated that he has petitioned the Department of Alcoholic Beverage Control for a hearing on his case. The City Attorney recommended that the City Council take no action on Mr. Bishop's request, and further suggested that Mr. Bishop submit the information concerning his case directly to the Department of Alcoholic Beverage Control. December 13, 1965 Following discussion, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the subject communication be received and filed. COMMUNICATION FROM CHARLES BRYANT RE: PARADE Mt)NSORED BY THE CYPRESS PAL BASEBALL LEAGUE: The City Manager presented a communication dated November 22, 1965, from Mr. Charles Bryant, on behalf of the Cypress Pal Baseball League, requesting permission to conduct a parade on January 29, 1966, at 11:00 a.m., to proceed from the Los Alamitos Race Track, north on Walker to the J. F. Kennedy High School. It was moved by Councilman McCarney and seconded by Councilman Kanel, to approve the request of the Pal Baseball League to conduct a parade on January 29, 1966 as outlined in their communication of November 22, 1965, subject to the following conditions: The traffic control plan and traffic control activities shall be approved by the Cypress Police Department. A certificate of insurance, naming the City of Cypress as a party held harmless from liabilities arising from the parade, in a minimum amount of $100,000 and $300,000 on public liability and $50,000 on property damage, shall be submitted to the City no later than 5:00 p.m. on January 21, 1966. Prior to voting on this motion, discussion ensued regarding the suffi- ciency of the insurance. The City Manager was requested to notify the PAL Baseball League that the insurance required by the City was a minimum amount and additional insurance coverage would be desirable. Following discussion, the following roll call vote was taken on Councilman McCarney's motion: AYES: 3 COUNCIL[~N: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, McCarney, and Noe None Gorzeman and Wright COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: CITY REPRESENTATION ON MOSQUITO ABATEMENT DISTRICT: The City Manager presented a communication dated November 30, 1965, from the District Manager of the Orange County Mosquito Abatement District,rmtifying the City Council that the two-year term of office for the City's representative to the District w~ll expire on December 31, 1965, and requesting that Councilman Gorzeman or a successor be appointed to fill the next two-year term of office. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to continue action on this matter until the 7:30 p.m. portion of the City Council meeting. COM~IUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: OFF-SALE BEER AND WINE LICENSE AT TIC TOC MARKET: The City Manager presented a communication from the Department of Alcoholic Beverage Control, notifying the City of an application for new off-sale beer and wine license at the Tic Toc Market located 175' east of Valley View on the north side of Orange Avenue. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF LICENSE AT THE TltREE ACES: The City Manager presented a communication from the Department of Alcoholic Beverage Control, notifying the City of an application for transfer of the on-sale beer license from Wal-Bal Inc. to Donald J. and Violet H. Musil, at the Three Aces, 10461 Valley View, Cypress. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. December 13, 1965 COMMUNICATION FROM CITY OF FOUNTAIN VALLEY RE: CONDUCT OF BUSINESS BY THE LEAGUE OF CALIFORNIA CITIES: The City Manager presented a communication dated December 1, 1965, from the City of Fountain Valley, transmitting a copy of a letter sent to the League of California Cities, Orange County Division, with suggestions concerning the conduct of business by the League. The City Manager recommended that action be withheld on this matter until a communication from the Orange County Division of the League is received. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. COMMUNICATION FROM DIEHL, EVANS, AND COMPANY, RE: QUARTERLY AUDIT REPORT: The City Manager presented a communication dated November 17, 1965, from Diehl, Evans, and Company, submitting the quarterly audit report for the period ending September 30, 1965. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. COb~RrNICATION FROM K. LEE ALVEY RE: WAIVER OF BUSINESS LICENSE FOR ELECTRI- CAL WORK AT FEDERAL LITTLE LEAGUE CHRISTMAS TREE LOT: The City Manager presented a communication dated December 8, 1965, from Mr. K. Lee Alvey, on behalf of the Federal Little League, requesting a waiver of the business license fee of $30.00 for the electri~R contractor installing the lighting at the Federal Little League's Christmas Tree Lot. Councilman Kanel stated that he would abstain from voting since he is a member of the Board of Directors of the Federal Little League. It was moved by Councilman McCarney, seconded by Mayor Noe, and unanimously carried, to grant the request of the Federal Little League and authorize the waiver of the electrical contractor business license with the condition that this waiver applies only to the installation of the lighting at the Federal Little League Christmas Tree Lot at Ball and Moody. The following roll call vote was taken: AYES: 2 COUNCILMEN: McCarney and Noe NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Gorzeman and Wright ABSTAINED:i COUNCILMEN: Kanel ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS, TRACT NO. 5553: A report dated December 8, 1965, was presented from the Public Works Director, recommending that the City Council continue consideration of the acceptance of improvements for Tract No. 5553 until the meeting of December 27, 1965. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to continue this matter until the December 27, 1965, City Council meeting. CONSIDERATION OF TENTATIVE TRACT MAP NO. 5983 (JOHNNY JOHNSON): The City Manager presented Tentative Tract Map No. 5983, located on the west side of Denni, south of Lincoln, 26.8 acres, 167 single family detached dwellings, with 5-6 acres for commercial use, as requested by Johnny Johnson, 8151 Orangethorpe, Buena Park. COUNCILMAN GORZEMAN ARRIVED AT 3:30 P.M. AND TOOK HIS C[~IR ON THE PODIUN. The Secretary of the Planning Commission reviewed the subject map and outlined the conditions of approval as recommended by the Planning Commis- sion. He explained that copies of the map were not available for City Council review at this time due to various changes recommended by the Planning Commissinn. Following general discussion regarding the tentative tract map, it was suggested that this matter ~ continued until the actual maps are avail- able for City Council review. Mr. Jeff. Millet, 511Brookhurst, Fullerton, representing the developer, addressed the Council, stating that he would consent to continuing consideration of this map. December 13, 1965 Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to continue consideration of Tentative Tract Map No. 5983, upon consent of the applicant, until December 27, 1965. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright It was further moved by Councilman Kanel, seconded~ Councilman Gorzeman, and unanimously carried, to direct the staff to prepare a study concerning any problems which might arise due to the type of development proposed in Tract No. 5983. CONSIDERATION OF FINAL TRACT MAP NO. 5930 (BEAR STATE BUILDERS): The City Manager presented Final Tract Map No. 5930, located at the westerly end of Camp Street, between Denni and Moody, 5 acres, 21R-3 lots, as requested by Bear State Builders, 440-B Seventeenth Street, Costa Mesa, California. A report dated December 9, 1965, was presented from the Public Works Director, recommending approval of this tract map. The City Manager advised that the City Attorney is rDt satisfied with the form of the bonds and agreements submitted by Bear State Builders, and would recommend that approval by the Council be subject to the posting of bonds and agreements acceptable by the City Attorney. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to approve Final Tract Map No. 5930, authorize accep- tance of the revised bonds and agreements, which are to be approved by the City Attorney in the amount of $27,800.00, which is not less than 50% and not more than 100% of the total improvements; authorize the Mayor and City Clerk to sign the Agreements; and 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: Gorzeman, Kanel, McCarney, and Noe None Wright RECESS: Mayor Noe declared a recess at 4:12 p.m. The Mayor called the Meeting back to order at 4:20 p.m., all City Council- men being present with the exception of Councilman Wright. ACCEPANCE OF KATELLA AVENUE SLURRY SEAL APPLICATION: A report dated December 8, 1965, was presented from the Public Works Director, recommend- ing acceptance of the Katella Avenue slurry seal application by Chamber Mix Concrete, Inc. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to accept the Katella Avenue slurry seal application and authorize the filing of a Notice of Completion. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright ACCEPTANCE OF NEWMAN STREET STORM DRAIN: A report dated December 8, 1965, was presented from the Public Works Director, recommending acceptance of the Newman Street Storm Drain subject to the posting of a bond to guarantee replacement and/or repair of defective materials or workmanship for a period of one year. Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to accept the Newman Street Storm Drain as being constructed in accordance with the plans and specifi- cations, subject to a satisfactory performance bond being executed in favor of the City, guaranteeing replacement and/or repair of defective material and workmanship for a period of one year from the date of acceptance. December 13, 1965 The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCIL}~N: Gorzeman, Kanel, McCarney, and Noe None Wright REPORT FROM CITY ATTORNEY RE: AFTERNOON MEETINGS OF THE CITY COUNCIL: In response to a request made at the last City Council meeting, City Attorney James Erickson reported that if the City Council would like to have a more informal afternnon sessinn in order to consider staff reports, etc., leaving the public hearings and other formal actions for the evening session of the meeting, he would recommend that a Resolution be adopted stating that the order of the Agenda will be changed to reflect the holding of the full agenda during the 7:30 p.m. portion of the meeting, with staff reports to be considered during the afternoon. He further pointed out that under this procedure, Oral Communications would be considered during the evening portion of the meeting. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to continue consideration of this matter until the meeting of December 27, 1965, in order to allow further study by the City Council. MASTER PLAN OF DRAINAGE--ADDITIONAL SUMP AREA: A report dated December 9, 1965, was presented from the City Manager, transmitting a copy of Resolution No. 289 of the Cypress Planning Commission, which determines that the use of one-half of an acre located adjacent to the proposed sump and pump station on Ball Road as an addition to the sump and pump station is in conformance with the Master Plan of Drainage. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to acknowledge and approve Resolution No. 289 of the Planning Commission of the City of Cypress, approving a proposed addition to a sump and pump station as in conformance with the Master Plan of Drainage. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright RENEWAL OF ANIMAL CONTROL SERVICE AGREEMENT: A report dated December 9, 1965, was presented from the City Manager, outlining the need to notify the Orange County Board of Supervisors if the City desires to renew the Agreement for animal control services, which will expire on December 19, 1966. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, toauthorize the City Manager to notify the Orange County Board of Supervisors that the City of Cypress wishes to renew the Animal Control Services Agreement for a five-year period expiring December 19, 1971. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright GRANT OF EASEMENT TO GENERAL TELEPHONE COMPANY: A report dated December 9, 1965, was presented from the City Manager, recommending approval of a Grant of Easement requested from the City by General Telephone Company for instal- lation of an underground telephone service over the southerly six fe~ of Lot 125 of Tract No. 5491, which is the future park site dedicated to the City west of Knott, south of Orangewood. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to authorize the Mayor to sign and City Clerk to attest the Grant of Easement to the General Telephone Company for the southerly six feet of Lot 125 of Tract No. 5491. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright December 13, 1965 APPOINTMENT OF ORANGE COUNTY HEALTH DEPARTMENT TO ENFORCE HEALTH AND SAFETY CODE: A report dated December 9, 1965, was presented from the City Manager, stating that the Orange County Health Department has requested the cities throughout the County to formalize the authorization for the Health Department to enforce Part 1.5 of Division XIII of the Health and Safety Code as it relates to the maintenance, sanitation, ventilation, use or occupancy of apartment houses, hotels, or dwellings. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 651 A RESOLUTION OF THE CITY COUMCIL OF THE CITY OF CYPRESS APPOINTING THE ORANGE COUNTY HEALTH DEPARTMENT TO ENFORCE PART 1.5 OF DIVISION XIII OF THE HEALTH AND SAFETY CODE. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright AMICUS CURIAE--BAKERSFIELD VS. MILLER: A report dated December 9, 1965, was presented from the City Manager, stating that the League of California Cities has requested the Cypress City Attorney to be used as Amicus Curiae, or Friend of the Court, in the case of Bakersfield vs. Miller, which tests the right of a City to use the injunction procedure to enforce local Ordinances. This authorization would not require an expenditure of any City funds. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to authorize the City Attorney to act as Amicus Curiae in the case of Bakersfield vs. Miller. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright FINAL PLAN AND SPECIFICATIONS--CYPRESS CIVIC CENTER: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to continue consideration of the Einal Plans and Specifications for the Cypress Civic Center until the 2:30 p.m. portion of the meeting. PROPOSAL FOR CIVIC CENTER INTERIOR DECORATING: The City Manager recommended that this item be continued, as the City Attorney is not satisfied with the form of the proposed agreement. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to continue consideration of the proposal for Civic Center Interior Decorating until a new Agreement is prepared. PROPOSED A.H.F.P. PROJECTSt 1966-67 FISCAL YEAR: A report dated December 9, 1965, was presented from the City Manager concerning projects for the 1966- 67 Arterial Highway Financing Program. The City Manager and Public Works Director have recommended the following projects: Valley View widening from Cerritos to the Garden Grove-Cypress city limits. Holder Street Bridge over Carbon Creek Channel (in cooperation with the City of Buena Park). Following discussion, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: December 13, 1965 RESOLUTION NO. 652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF VALLEY VIEW STREET The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright It was further moved by Councilman McCarnay, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF HOLDER STREET The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright JOINT POWERS AGREEMENT FOR DRAINAGE--ANAtIEIM UNION HIGH SCHOOL DISTRICT: A report dated December 9, 1965, was presented from the City Manager, stating that the Anaheim Union High School District has requested permis- sion to drain a portion of their proposed school site at the southeast corner of Bloomfield and Cerritos in to the existing storm drain facilities ~n Cerritos in Drainage District 3-B. A Resolution authorizing a joint powers agreement between the City and the School District has been prepared, whereby the City will grant this request and the School District will pay a drainage fee of $3,245.20. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 654 A RESOLUTION OF THE CITY OF CYPRESS FORMING A JOINT POWERS AGREEmeNT BETWEEN THE CITY OF CYPRESS AND THE ANAHEIM UNION HIGH SCHOOL DISTRICT TO PROVIDE FOR DRAINAGE FOR AREAS LOCATED ON CERRITOS AVENUE EAST OF BLOOMFIELD. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright VARIANCE REPORT OF REVENUES AND EXPENDITURES FOR NOVEMBER 1965: It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to receive and file the Variance Report of Revenues and Expenditures for November 1965. SECOND READING ORDINANCE RE: PURCHASING SYSTEM: It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, ADDING CHAPTER 21A ENTITLED "PURCHASING SYSTEM" December 13, 1965 It was moved by Councilman Gorzeman, 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 COUNCILMF~: Gorzeman, Kanel, McCarney, and Noe None Wright RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 12886 THROUGH 12942 (PAYROLL): It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 655 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS ~S. 12886 THROUGH 12942 The following roll call vote was taken: AYES: 4 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Wright RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 12943 THROUGH 13050 (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. 656 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 12943 THROUGH 13050 The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe Wright Councilman Kanel inquired if the Company receiving Warrant No. 13036 was the same company that supplied the "No Parking" signs on Walker Street, as he has noticed that they are becoming quite rusty. The City Manager indicated he would check into this matter. LANDSCAPING OF PROPOSED CIVIC CENTER: A report dated December 7, 1965, was presented from the Secretary of the Planning Commission, stating that the Planning Commission has requested the City Council to suggest to the Civic Center Corporation the use of Italian Cypress trees in the lands- caping plans for the proposed Civic Center. Following discussion, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to take this matter under advisement. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: CITY REPRESENTATION ON MOSQUITO ABATEMENT DISTRICT: The Mayor suggested that this item, which had been continued until the 7:30 p.m. portion of the meeting, be discussed at this time since Councilman Gorzeman is now present at the meeting. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to consider the communication from the Orange County Mosquito Abatement District concerning City repre- sentation on the Mosquito Abatement District. Mayor Noe stated that Councilman Gorzeman had expressed his willingness to serve another term on the Mosquito Abatement District. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to appoint Councilman Peter Gorzeman as the City's representative to the Mosquito Abatement District for the term exr~ring on December 31, 1967. December 13, 1965 REIMBURSEMENT AGREEMENT WITH SttELL OIL COMPANY FOR IMPROVEMENT OF KNOTT AND CERRITOS: The City Manager requested permission to discuss a Reimbursement Agreement with Shell Oil Company for improvement of the southwest corner of Knott and Cerritos. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to grant this request. The City Attorney presented an Agreement providing that Shell Oil Company will install the street improvements and lower the oil lines on Knott Avenue from Cerritos to 210-feet south of Cerritos, with the City reimbursing Shell Oil for the costs of this work to the extent of the pro- rata recovery attributable to this work, if any, which the City receives in the action against Ball Properties. Following discussion concerning this matter, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to approve the Reimbursement Agreement between the City of Cypress and Shell Oil Company concerning the street improvements and lowering of the oil lines on Knott Avenue south of Cerritos. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright RECESS: It was moved by Councilman Gorzeman, seconded by Mayor Noe, and unanimously carried, to declare a recess at the hour of 5:25 p.m. until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m., with the following 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; Public Works Director Arthur Schatzeder; Building Superintendent Thomas Nudson; Secretary of the Planning Commission George Putnam; and Police Chief O. C. Foster. The City Manager reviewed the actions taken by the City Council at the 3:00 p.m. session of the meeting. PUBLIC HEARING RE: ZONE CHANGE NO. Z-140 (CYPRESS PLANNING COMMISSION): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance No. 90, to change the zone from R-2 (Two-family Residential) to R-1 (One-family Residential) on property generally located on the south side of Orange Avenue approximately 640 feet west of Valley View Street, known as the easterly 142 feet of Tract No. 5660, initiated by the Cypress Planning Commission and known as Zone Change No. Z-140. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed use. The C~ty Manager stated that the affidavits of publication and rm~ling of the Notices of the public hearing were on file in the office of the City Clerk. The Secretary of the Planning Commission reviewed the proposed zone change, and stated that the Planning Commission had recommended approval. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. Following discussion concerning the subject area, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, the following Ordinance be read by title only, title as follows: December 13, 1965 ORDINANCE NO. AN ORDINANCE OF THE CI~f COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO. 90, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-2 (TWO-FAMILY RESIDENTIAL) TO R-1 (ONE-FAMILY RESIDENTIAL), ZOOCHANGE NO. Z-140. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: ZONE CHANGE NO. Z-141 (PRESLEY-DE YOUNG): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance No. 90, to change the zone from R-3 (Multiple-family Residential) to R-1 (One-family Residential) on property generally located on the east side of Juanita Street, approximately 200 feet north of Ball Road, south of the Carbon Creek Channel, requested by Pres]ey-De Young, 1801 Newport Blvd., Costa Mesa, authorized agents for Union Bank, owner of the property, known as Zone Change No. Z-141. The Mayor declared the Fublic Hearing open and asked if anyone in the audience wished to speak for or against the proposed use. The City Manager stated that the affidavits of publication and mailing of the Notices of the public hearing were on file in the office of the City Clerk. The Secretary of the Planning Commission reviewed the proposed Zone Change, and advised the Council that the Planning Commission had recommended denial on the basis that the subject property is ideally located for R-3 use. 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 unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO. 90, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-3 (MULTIPLE- FAMILY RESIDENTIAL) TO R-1 (ONE-FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-141. It was moved by Councilman Gorzeman, ~conded by Councilman Wright, and unanimously carried, this Ordinance be denied. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Ksnel, McCarney, Wright, and Noe None None FINAL PLANS AND SPECIFICATIONS--CYPRESS CIVIC CENTER: A report dated December 9, 1965, was presented from the City Manager, submitting the final plans and specifications for the Cypress Civic Center as prepared by the Architect. The City Manager stated that Mr. Robert Ashton, representing the architec- tural firm of William L. Pereira and Associates, was present to answer any questions ~oncerning the plans and specifications. December 13, 1965 Following general discussion concerning the plans, it was agreed to incorporate the following changes: Addition of an electrical outlet adjacent to the City Clerk's desk in the City Council Chambers. Rearrangement of the restroom facilities in the City Council Chambers to allow for a separate women's restroom. Installation of permanent display panels in the City Council Chambers. The City Manager advised the Council that the final plans and specifica- tions were in accordance with the preliminary plans and specifications approved on August 5, 1965, and it is expected that the Cypress Civic Center Corporation will issue bonds not to exceed $1,250,000 in order to finance the buildings, acquisition of the remainder of the Civic Center land, and other expenses related to the Construction of the Civic Center facilities. In answer to a question from Councilman Gorzeman, the City Manager advised that the staff had reviewed the plans and specifications and recommends approval by the City Council. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to approve the final plans and specifications with the three changes outlined above to be incorporated into the plans prior to submittal to the Cypress Civic Center Corporation, and authorize the City Manager to sign the final plans. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ORAL COMMUNICATIONS: Mr. James Duncan, 9582 South Walker, Cypress, addressed the Council, complimenting the City on the new street name signs placed at the inter- sectiDn of Ball and Walker. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the meeting adjourn at 8:24 p.m. MAYOR OF THE CITY O1~ CYPRESS ATTEST: CI~ CLEP~~ O~ THE'~C/ITY OF CYPRESS