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Minutes 66-02-14MINUTES OF THE CITY COUNCIL OF THE CITY. OF CYPRESS HELD February 14, 1966 The Cypress City Council held a regular meeting on February 14, 1966, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 3:00 p.m., Mayor Frank P. Noe presiding. PRESENT: Councilmen Kanel, McCarney, Wright, and Noe ABSENT: Councilman Gorzeman Also present were City Manager/City Clerk Dartell Essex, City Attorney 3ames Erickson; AdminisZrative Assistant Dartell DaLton; Public Works Director Arthur Schatzeder; and Secretary of the Planning Com~nission George Putnam. MINUTES: It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the minutes of the meeting of January 24, 1966, be approved ks mailed. COUNCILMAN GORZEMAN ARRIVED AT 3:03 P.M. AND TOOK HIS CHAIR ON THE PODIUM. ORAL COMMUNICATIONS: Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, suggesting that a commendation be presented to Mr. C. B. Parker and members of the Pal Baseball League for sponsoring the Foufiders Day Parade in Cypress on January 29, 1966. Mr. Visca further stated that at one of the past City Council meetings, several individuals were asking questions concerning the Civic Center, and one of these individuals was the Manager of the Cypress Chamber of Commerce. Mr. Vista inquired if it is feasible for the dity to donate monies to the Chamber of Commerce when the Chamber Manager suggests at a Council meeting that the City build "school buildings" instead of a civic center. He questioned whether this individual spoke as a indivi- dual taxpayer in the City or as the Chamber of Commerce Manager. Mr. Vista requested the City Council to give serious consideration to the possibility of meeting with the Chamber of Commerce President and Manager to clarify this point. With reference to this matter, Councilman Gorzeman stated that in speaking before the City Council, the Chamber of Commerce Manager had never stated that he was speaking on behalf of the Chamber. Mr. Visca again addressed the Council, stating th~ the gentlemen in question may appear at the Council meetings as an individual, but questioned his actions as an employee of the Chamber of Commerce. No further oral communications were presented at this time. Since Agenda Items 1 and 2 were Public Hearings scheduled for 7:30 p.m. portion of the meeting, the City Council proceeded to Item No. 3 on the agenda. COMMUNICATION FROM ANGELS GOLDEN WEST BASEBALL COMPANY RE: PARTICIPA- TION IN SOUVENIR EDITION OF SANTA ANA REGISTER AND ANAItEIM BULLETIN: The City Manager presented a communication from the Angels Golden West Baseball Company concerning a special souvenir edition of the opening of the Angels' Stadium to be published Jointly by the Santa Ana Register and the Anaheim Bulletin. Following discussion concerning the distribution of this special edition, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, this communication be received and filed. February 14, 1966 COMMUNICATION FROM ORANGE COUNTY PLANNING DIRECTOR SUBMITTING AMENDMENT NO. 1 TO MASTER PLAN OF REGIONAL PARKS FOR ORANGE COUNTY: The City Manager presented a communication dated January 25, 1966, from Mr. Forest Dickason, Orange County Planning Director, transmitting Amendment No. 1 to the Master Plan of Regional Parks for Orange County, said amendment establishing priority groups for the acquisition and development of regional parks. The City Manager pointed out that the 240 acres to be developed at the Nike Base has been placed in Priority Group No. 1, which calls for acquisition and development between 1965 and 1970. Following discussion concerning County acquisition of the Nike Site for park purposes, it was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed, and the City Manager be instructed to notify the Orange County Planning Department of the City Council's concurrence in the proposed Amendment No. 1 to the Master Plan of Regional Parks for Orange County and to urge that every effort be exerted to acquire and develop the Nike Base in the proposed time schedule. In response to a suggestion from Councilman Gorzeman, the City Manager indicated that in his communication to the Orange County Planning Depart- ment, he could request that the City be advised of the time schedule for development of the Nike Site. Councilman Kanel recommended that further steps be taken to insure that a regional park is developed in northern Orange County, since it is possible that the Nike Site may not be available from the Federal Government. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to direct the City Manager to communicate with the Orange County Board of Supervisors, requesting that increased recreational facilities be provided for the northwest section of Orange County. Councilman Kanel also suggested that surrounding cities be notified of this action so that similar letters could be sent to the Board of Super- visors. COMMUNICATION FROM NATIONAL CONFERENCE OF CHRISTIANS AND JEWSt INC. RE: PROCLAMATION OF BROTHERHOOD WEEK: The City Manager presented a communi- cation dated January 28, 1966, from Dr. Franklin D. Murphy, 1966 Brother- hood Chairman, requesting the Mayor to proclaim the week of February 20- 27 as Brotherhood Week. Upon consent of the City Council members, Mayor Noe proclaimed the week of February 20-27, 1966, as Brotherhood Week in the City of Cypress. COMMUNICATION FROM ORANGE COUNTY WATER DISTRICT RE: SUPPORT OF M.W.D. BOND ISSUE IN JUNE 1966: The City Manager presented a communication dated January 28, 1966, from Mr. Howard W. Crooke, Secretary M~nager of the Orange County Water District, concerning support of the $850 million Metropolitan Water District bond issue to be voted upon in June 1966. The major purpose of the bond issue is to provide the necessary funds to allow the M~W.D. to develop the basic distribution system to receive and distribute waters which will be imported from the State Water Project. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 668 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENDORSING THE METROPOLITAN WATER DISTRICT BOND ISSUE TO BE HELD IN JUNE 1966 The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None February 14, 1966 COMMUNICATION FROM CYPRESS HOMEOWNERS RE: LOCATION OF FERTILIZER PILE ADJACENT TO NORTHERLY CITY LIMITS: Upon the suggestion of the City Manager, it was moved by Councilman Wright, seconded by Councilman Kauel, and unanimously carried, to continue consideration of this item until the 7:30 p.m. portion of the meeting. COMMUNICATION FROM THE LARWIN COMPANY RE: ADEQUATE PROVISION FOR DRAIN- AGE FACILITIES NORTH OF ORANGE BETWEEN BLOOMFIELD AND DEWNI: The City Manager presented a communication dated January 10, 1966, from Mr. Arthur C. Rosenthai, Director of Engineering for the Larwin Company, requesting that the record indicate the Larwin Company's protest to the installation of improvements on properties northerly of Orange Avenue between Bloom- field and Denni until such time as proper provisions for drainage are made that will not adversely affect the Larwin Company properties to the south. The City Manager pointed out that the Public Works Director is aware of the drainage problems in the subject area and that the City does not pro- pose to allow any improvements which will adversely affect other proper- ties in the community due to drainage. Following discussion concerning the drainage in the subject area, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, this communication be received and filed, and the City Manager be instructed to notify the Larwin Company that adequate provisions will be made for drainage facilities in the area outlined in their communication. CONSIDERATION OF FINAL TRACT MAP~D. 6052 (LARWIN COMPANY): The City Manager presented Final Tract Map No. 6052, located west of Denni, south of Ball Road, north of the Carbon Creek Channel, 12.791 acres, 122 lots, as requested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. A report dated February 9, 1966, was presented from the Public Works Director, recommending approval of~e Final Tract Map subject to the separate dedication of sewer easements and completion of any corrections on the improvement plans, including the addition of two alley turnarounds. General discussion was held concerning the Larwin Company's condominium development, with reference to the open green areas, vacancy factors, police protection, street access for fire engines, etc. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve Final Tract Map No. 6052, accept the bonds and agreement for publ]z improvements in the amount of $144,250.00, which is not less than 50% and not more than 100% of ~e total improve- ments; authorize the Mayor and City Clerk to sign the bonds and agreement; and authorize the City Clerk to sign the record map upon completion of any corrections required, including the addition of the two alley turn- arounds, and subject to separate dedication of sewer easements before acceptance of the improvements. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None CONSIDERATION OF FINAL TRACT MAP NO. 5660, (MAXWELL BUILDERS): The City Manager presented Final Tract Map No. 5660, located on the south side of Orange Avenue, approximately 500 feet west of Valley View, 7.211 acres, 35 lots, as requested by Maxwell Builders, 5103 Telegraph Road, Los Angeles. A report dated February 9, 1966, was presented from the Public Works Director, recommending approval of this tract map subject to completion of any corrections required. Following discussion, it was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to approve Final Tract Map No. 5660, accept the bonds and agreement for public improvements in the amount of $61,300.00, which is not less than 50% and not more than 100% of the total improvements; authorize the Mayor and City Clerk to sign the bonds and agreement; and authorize the City Clerk to sign the record map upon completion of any corrections required. February 14, 1966 The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ACCEPTANCE OF EASEMENT DEED--SOUTHWEST CORNER OF VALLEY VIEW AND ORANGE: A report dated February 10, 1966, was presented from the City Manager, recormneuding acceptance of a road easement deed from Albert C. Sykes and Floyd G. Marcusson, at the southwest corner of Valley View and Orange. This dedication is required in order to install the traffic signals in the ultimate right-of-way at the subject location. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to accept the easement deed from Albert C. Sykes and Floyd G. Marcusson, and authorize the City Manager to forward the sub- ject deed to Orange County for recordation. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: Nbne COUNCILMEN: None ACCEPTANCE OF EASEMENT DEED FOR DRAINAGE ACROSS PROPERTY ON VALLEY VIEW NORTH OF THE PACIFIC ELECTRIC RAILWAY: A report dated February 10, 1966, was presented from the City Manager, reconmending acceptance of easement deed from the Southern California Water Company for drainage purposes across the water well site on Valley View north of the Pacific Electric Railway. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to accept the drainage easement from the Southern California Water Company and authorize the City Manager to forward the deed to Orange County for recordation. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None ACCEPTANCE OF GRANT DEED FOR PROPERTY AT THE SOUTHWEST CORNER OF MOODY AND MYRA: A report dated February 10, 1966, was presented from the City Manager, stating that the City has received the grant deed from the Larwin Company for the proposed park site at the southwest corner of Myra and Moody adjacent to the Library. This dedication is in accordance with the Memorandum of Understanding of November 6, 1964, in which the Larwin Company agreed to contribute to the City the subject three-acre parcel of property. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to adopt the following Resolution authorizing the City Manager to accept the grant deed from the Larwin Company for the park site, authorize the City Manager to submit the deed to the County for recordation, and instruct the City Attorney to immediately proceed to have the property removed from the tax rolls. Title of the Resolution is as follows: RESOLUTION NO. 669 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE CITY MANAGER TO ACCEPT DEEDS OR GRANTS CONVEYING AN INTEREST IN REAL ESTATE OR REAL PROPERTY TO SAID CITY AND TO CONSENT TO THE RECORDATION THEREOF The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None SCOTT BUILDING CODE VIOLATION: A report dated February 4, 1966, was presented from the City Manager regarding the building code violations on the residen- tial unit being constructed by Mr. C.F. Scott at 9542 Walker Street, Cypress. Following investigation by the City Attorney to determine if there was a procedure which could be used to allow Mr. Scott to construct the unit without further alterations to couliy with the Code, the City Attorney has advised that the City has only two choices on this matter (1) Amend the Code so that the Scott vi~ation is not a violation and proceed upon the basis that the violation has not occurred, or (2) enforce the Code as written. .... ~ebruary 14, 1966 The City Manager stated that Mr. Scott has been advised that the Code will be enforced unless the City Council directs the staff to prepare an Ordinance amending the current code sections relating to this problem. Following discussion concerning enforcement of the Code, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, this report be received and filed. RECESS: Mayor Noe declared a recess at the hour of 4:00 p.m. The meeting was called back to order at 4:06 p.m., all City Councilmen being present. AUTHORIZATION TO EMPLOY ENGINEERING FIRM FOR SURVEY OF VALLEY VIEW STREET: A report dated February 4, 1966, was presented from the City Manager, recommending that the firm of McDaniel Engineering be employed to prepare a topographic survey of Valley View Street from Cerritos Avenue to the south City limits in conjunction with thewidening of Valley View Street as an AHFP project. Costs for this pro1~ct should not exceed $750.00. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to approve the proposal of McDaniel Engineering in an amount not to exceed $750.00 to prepa~e'a topographic survey of Valley View Street from Cerritos Avenue to the south City limits. The following roll call vote was taken: AYES: NOES: ABSENT: COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None RECONSIDERATION OF ORDINANCE REQUIRING PARK FEES FOR SUBDIVISIONS: A report dated February 11, 1966, was presented from the City Manager, stating that numerous discussions have been held concerning the merits of adopting the proposed Ordinance amending Sections 25-23 and 25-24 of the Code of the City of Cypress for the purpose of requiring park fees and/or dedication for subdivisions. The following conclusions have been reached: 1. The proposed Ordinance would have only limited value in the development of a comprehensive park and recreation program in the City because a majority of the residentially zoned property in the City would be exempt from the provisions of the Ordinance. 2. The land or fees derived from enactment of the proposed Ordinance could only be used for the purpose of providing park or recreation facilities to serve the subdivision, which would have a tendency to prevent the development of a comprehensive park and recrea- tion program. 3. It appears likely that the City would be exposed to extensive litigation if the Ordinance were to be adopted, due to wide-spread opposition m the Ordinance. 4. The comprehensive community park and recreation program could be carried out more effectively if a settlement were reached on certain taxes that are now being collected from subdividers by the City and being held in reserve due to the threat of future litigation. The City Manager pointed out that one of the major subdividers in the City has agreed to abandon litigation on these taxes, which would allow the City to proceed with expenditure of a portion of these funds for community-wide park and recreation purposes, which would be an advantage to the subdivider as well as the City as a whole. Portions of these funds could be utilized for the development of the park site adjacent to the library at Moody and Myra, and to assist the Cypress Park and Recre~ion District in the acquisition and development of the proposed community park south of Orange and east of Graham. February 14, 1966 It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to disapprove the second reading of the proposed Ordinance concerning park fees for subdivisions, title of which is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 25-23 A~D 25-24 OF THE CODE OF THE CITY OF CYPRESS, CALIFOENIA, TO REQUIRE PARK FEES FOR SUBDIVISIONS The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None It was moved by Councilman Kanel, seconded by Counc~man Wright, and unanimously carried, to authorize the City Manager to prepare a proposed budget for the design and development of the proposed park at Moody and Myra to be presented for City Council consideration. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None COUNCILMAN GOREEMAN REQUESTED~ PERMISSION TO BE EXCUSED FROM CONSIDERATION CONCERNING THE CO~ff~JNITY PARK SOUTH OF ORANGE AND EAST OF GRAHAM SINCE HE OWNS PROPERTY WITHIN 330 FEET OF THIS LOCATION. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to authorize the City Manager and City Attorney to meet with the ~press Park and Recreation District officials and the Cypress School District officials to prepare an Agreement for City Council consideration for City participation in the acquisition and development of the proposed community park south of Orange and east of Graham. The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: Gorzeman COUNCILMAN GOREEMAN RETURNED TO HIS CHAIR ON THE PODIUM. EQUIPMENT RENTAL--CYPRESS CIVIC CENTER: A report dated February 11, 1966, was presented from the City Manager, reviewing the procedures which have been followed in storing at the Civic Center site the suitable fill material excavated from the sump station retarding basin. During the dumping of this fill material, it became necessary for the City to request the Dispatch Contractors Company to move in heavy equipment to relocate the Hebris on the site and to compact the fill material so that the contractors could continue to dump the fill material on the Civic Center site. The cost for this work amounted to $505.04. In answer to a question from the City Council, the Public Works Director advised that all of the fill material which will be required for construc- tion of the Civic Center will most likely be provided from excavation of the sump station retarding basin, thereby resulting in a substantial savings for the Civic Center construction costs. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to authorize the payment of $505.04 to Dispatch Contractors, 3353 Gilman Road, E1 Monte, for the equipment rental required to compact the fill material on the Civic Center site. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None February 14, 1966 CIVIC CENTER LAND ACQUISITION: A report dated February 11, 1966, was presented from the City Manager, transmitting the Resolutions authorizing the exercise of options for purchase of the remaining parcels of the Civic Center land, as requested at the Special City Council meeting of February 7, 1966. The City Manager recommended that $102,O00 be authorized to be placed in escrow to cover all costs for the purchase of the remaining Civic Center parcels. It was moved by Councilman Wright, seconded by Coundlman Gorzeman, and unanimously carried, the following gesolution be adopted, title as follows: RESOLUTION NO. 670 A RESOLUTION OF~E CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE EXERCISE OF OPTION TO PURCHASE CIVIC CENTER SITE PARCELS NOS. 4, 5, 6, AND 7 The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None In answer to a question from Councilman McCarney, the City Attorney -advised that previous Title Reports indicate that the City will have no problem regarding the surface and mineral rights on the property. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, the following Resolution be adopted, ~tle as follows: RESOLUTION NO. 671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE CITY MANAGER TO ACCEPT DEEDS OR GRANTS CONVEYING AN INTEREST IN REAL ESTATE AND REAL PROPERTY TO SAID CITY AND TO CONSENT TO THE RECORDATION THEREOF The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None BALL ROAD SEWER RELOCATION: A report dated February 11, 1966, was presented from the City Manager, outlining the need to relocate a sewer line owned by the Cypress County Water District in Ball Road in the vicinity of Denni Street, which was required in order to re-align Ball Road to eliminate the dangerous traffic condition which existed at the intersection of Ball and Denni. The report further outlined the fact that the legal opir~on of the City and the Water District were in conflict as to which agency would be responsible for the costs of the sewer line rel6cation. As a result of a meeting between the staff of the Water District and the City, e compro- mise solution was reached in which the costs of the sewer relocation would be paid in direct proportion to the assessed valua~on of land and improvements of the District that lies within the City limits. On this basis, the City's share of the estimated $15,000 for relocation would be $8,400 and the Cypress County Water District's share would be $6,600. The report further outlined the urgency of relocating a portion of this sewer line in conjunction with the storm drain construction from the sump station crossing at Ball Road south to the Carbon Creek Channel, which is estimated to cost approximately $1,000. The recommendation included in the report was that the City Council authorize the City Manager and City Attorney to prepare an Agreement with the Cypress County Water District for the sharing of the costs for the Ball Road sewer relocation as outlined, and further authorize an expenditure not to exceed $1,000 to provide for relocation of the sewer line adjacent to the storm drain facility, to be shared by both the City and the Cypress County Water District. February 14, 1966 In answer to a question from Mayor Noe, the City Attorney stated that the two members of the Council who are also members of the Cypress County Water District Board of Directors should excuse themselves from consideration on this matter. MAYOR NOE TURNED THE GAVEL TO MAYOR PRO-TEM GORZEMAN, AND BOTH MAYOR NOE AND COUNCILMAN MC CARNEY EXCUSED THEMSELVES FROM THEIR CHAIRS ON THE PODIUM. A motion was made by Councilman Wright to authorize the City Manager and City Attorney to prepare an Agreement with the Cypress County Water District for the sharing of the costs for the Ball Road sewer relocation as proposed in the City Manager's report. However, the motion died for lack of a second. Councilman Kanel requested that this matter be discussed further. In answer to a question from Mayor Pro-Tem Gorzeman concerning who is actually responsible for the relocation of the sewer line, the City Attorney stated that the law is not clear on this matter; however, it is his opinion that the Water District would be entirely responsible for the costs of the relocation. In answer to a question from Councilman Kanel, the City Manager indicated that the Water District Board of Directors had not met concerning this solution to the problem. Councilman Kanel questioned the advisability of two members of the Council abstaining from voting on this matter, following which the City Attorney advised that it is his opinion that there would be a clear conflict if they voted on this matter and he would recommend that they abstain. Following further discussion, it was moved by Councilman Wright, and seconded by Mayor Pro-Tem Gorzeman, to authorize the City Manager and City Attorney to prepare an Agreement with the ~press Count~~ Water District for the sharing of the costs for the Ball Road sewer relocation as outlined in the City Manager~ report. Prior to voting on this motion, further discussion was held. Councilman Kanel stated that he would prefer this item be continued until the evening portion of the City Council meeting. Mayor Pro-Tem Gorzeman indicated he was not in favor of continuing this matter until the evening session since no further information would be available at that time. The following roll call vote was taken on Counctlm~n Wright's motion: AYES: 2 NOES: 1 ABSENT: 2 COUNCILMEN: Gorzeman and Wright COUNCILMEN: Kanel COUNCILMEN: McCarney and Noe Discussion was held concerning the City Manager's recommendation that the City CounCil authorize an expenditure of $1,000 for relocating the sewer line adjacent to the storm drain facility, to be shared by both the City and the Cypress County Water District. The Public Works Director out- lined the desirability of relocating this portion of the sewer line at this time. It was moved by Councilman Wright, seconded by Mayor Pro-Tem Gorzeman, and carried, to authorize an expenditure not to exceed $1,000 to provide for relocation of the sewer line adjacent to the storm drain facility, to be shared by both the City and Cypress County Water District. The following roll call vote was taken: AYES: 2 NOES: 1 ABSENT: 2 COUNCILMEN: Gorzeman and Wright COUNCILMEN: Kanel COUNCILMEN: McCarney and Noe COUNCILMAN MC CARNEY AND NOE RETURNED TO THEIR CHAIRS ON THE PODIUM, AND MAYOR PRO TEM GORZEMAN TURNED THE MEETING OVER TO MAYOR NOE DENNI STREET REALIGNMENT: A report dated February 11, 1966, was presented from the City Manager, outlining the need to reimburse the Robert H. Grant Company for the costs involved in widening the east side of Denni Street, south of Marion, which was required as a result of Denni Street being made a secondary highway f~llowing the time the street had originally been improved by the developer to the north of the Robert H. Grant Company tract. February 14, 1966 Following an explanation of this matter by the Public Works Director, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to authorize the payment of $905.06 to the Robert H. Grant Company for the street improvements on the east side of Denni, south of Marion, as o~tlined in ~e City Manager's report. The following roll call vote was taken: AYES: NOES: ABSENT: COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None AUTHORIZATION TO ATTEND CITY MANAGERS' CONFERENCE: A report dated February 11, 1966, was presented from the City Manager, requesting authorization for the City Manager and Administrative Assistant to attend the annual Spring Meeting of the City Manager's Department of the League of California Cities from February 23-25, 1966, in Coronado, California. It was moved by Cou.x~cilman McCarney, seconded by Councilman Kanel, and unanimously carried, 'to authorize the City Manager and Administrative Assistant to attend the City Managers' Conference in Coronado, California, from February 23-25, 1966, and that they be reimbursed for their actual and necessary expenses. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None PROVISIONAL APPOINTMENTS--STENOGRAPHER AND POLICE DISPATCHER: A report dated February 10, 1966, was presented from the City Manager, stating that provisional appointments were made to the positions of Stenographer and Police Dispatcher in order to keep current with the work loads in the City Manager's office and the Police Department. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carded, to record the provisional appointment of Mrs. Marlene Marczewski as Stenographer on January 31, 1966, and the provisional appointment of Mrs. Toni Wise as Police Dispatcher on February 7, 1966. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None CERTIFICATION OF EMPLOYMENT LIST FOR STENOGRAPHER-CLERK: A report dated February 14, 1966, was presented from the City Manager, setting forth the results of the examination conducted for the position of Stenographer- Clerk. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to certify the employment list for Stenographer- Clerk as submitted. The following roll call vote was taken: AYES: NOES: ABSENT: COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None CERTIFICATION OF EMPLOYMENT LIST FOR POLI~ DISPATCHER: A report dated February 3, 1966, was presented from the City Manager, setting forth the results of the examination conducted for the position of Police Dispatcher. It was moved by Councilman Wright, seconded by Coundlman Gorzeman, and unanimously carried, to certify the employment list for Police Dispatcher as submitted. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None MONTHLY VARIANCE REPORT OF REVENUES AND EXPENDITURES - JANUARY 1966: It was moved by Councilman Gotroman, seconded by Councilman McCarney, and unanimously carried, the Monthly Variance Report of Revenues and Expendi- tures for January 1966 be received and filed. February 14, 1966 APPROVAL OF PAYROLL WARRANT LIST, WARRANTS NO. 13481 THROUGH 13536: A report dated February 10, 1966, was presented from the City Manager, stating that in accordance with the City Auditor's recommendation, the detailed listing of payroll and commercial warrants on separate Resolu- tions has been replaced by a warrant register which is to be approved by simple minute action including the warrant numbers and the total amount of the register. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to approve the Payroll Warrant List for Warrants No. 13481 through 13536 in the net amount of $14,324.02. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO. 13409 THROUGH 13480: It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to approve the Commercial Warrant List for Warrants No. 13409 through 13480, in the total amount of $10,082.13. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 13351 THROUGH 13408 (PAYROLL): The City Manager presented the Payroll Resolution for the period ending prior to the establishment of the new policy of adopting a Payroll Warrant List. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 672 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CLAIMS AND DEMANDS NOS. 13351 THROUGH 13408 The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None RECESS: It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to declare a recess at 5:20 p.m. unt[l 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, McCarney, Wright, and Noe ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Public Works Director Arthur Schatzeder; Administrative Assistant Dartell Dalton; Building Superintendent Tom Nudson; Secretary of the Planning Commission George Putnam; and Acting Chief of Police Robert Murray. The City Manager reviewed the actions taken by the City Council at the 3:00 p.m. session of the meeting. COUNCILMAN KANEL ARRIVED AT 7:31 P.M. AND TOOK HIS CHAIR ON THE PODIUM. February 14, 1966 PUBLIC HEARING RE: ZONE CHANGE NO. Z-142 (MARCUSSON AND SYKES): 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-1 (One-family Residential) and R-2 (Two-family Residential) to C-2 (General Commercial)! on property generally located at the southwest corner of Valley View and Orange Avenue, requested by Floyd G. Marcusson and Albert C. Sykes, 9706 Compton Avenue, Bellflower, California, known as Zone Change No. Z-142. The Mayor declared the Public 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 public hearing notices were on file in the Office of the City Clerk, and no written communications had been received concerning the proposed use. Mr. Floyd Marcusson, applicant/.~ddressed the Council, speaking in favor of the C-2 zoning, stating that he feels t~e will be a need for C-2 zoning with the development of the proposed Junior College. The City Manager presented Resolution No. 304 of the Planning Commission, recommending approval of Zone Change No. Z-142, and in response to the request from the City Council, the Secretary of the Planning Commission presented a report dated January 3, 1966, concerning allocation of Commercial Zoning within the City of Cypress. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. In answer to a question from Councilman Gorzeman, the Secretary of the Planning Commission stated that a service station could be placed on the subject location. Following further discussion concerning the type of development planned for the subject location, 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) AND R-2 (TWO-FAMILY RESIDENTIAL) TO C-2 (GENERAL CO~ff~ERCIAL) ZONE CHANGE NO. Z-142. It was moved by Councilman McCarney, seconded by Councilman Wright, and carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEN: Gorzeman, McCarney, Wright, and Noe COUNCILMEN: Kanel COUNCILMEN: None PUBLIC HEARING RE: ZONE CHANGE NO. Z-147 (CYPRESS PLANNING COMMISSION): The Mayor announced this was the time and place for the Public Hearing to consider the rezoning of approximately 38 acres of property from P-D(Planned Development) to P-C (Planned Commercial), generally located at the southwest corner of Ball Road and Valley View Street, initiated by the Cypress Planning Commission, known as Zone Change No. Z-147. The Mayor declared the Public 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 ~ publication and mailing of the public hearing notices were on file in the Office of the City Clerk, and that no written communications had been received in favor of or against the proposed use. February 14, 1966 The City Manager also presented Planning Con~ission Resolution No. 303, recor~nending approval of Zone Change No. Z-147. The Secretary of the Planning Cowanission presented a staff report dated January 14, 1966, concerning the zoning at the southwest corner of Ball and Valley View. Mr. Bill Asawa, 720 South Beach Boulevard, Anaheim, addressed the Council on behalf of Mr. Morita, owner of a portion of the subject property, stating that at the present time Mr. Morita would prefer the zoning to remain as P-D (Planned Development). He pointed out that access to Mr. Morita's property is limited and until Mr. John Leal develops his property, he would not want a zone that could be a hard- ship on him at a future date. In answer to a question from Councilman Gorzeman, the City Manager stated that the property would revert to R-1 zoning if the subject Zone Change application were denied. Discussion was held concerning the possibility of continuing the public hearing on this Zone Change until the next City Council meeting. The City Manager advised the after the subject zone change had been initiated, the staff had become aware of the interest of the property owners at Valley View and Katella in developing a commercial center, and suggested that it might be advisable to continue the Public Hearing until the next City Council meeting in order for the staff to make a study of this alternate location for P-C (Planned Commercial) zoning. It was moved by Councilman Gorzeman, and seconded by Councilman McCarney to continue the Public Hearing cnncerning Zone Change No. Z-147 until the February 28, 1966, City Council meeting. PEbr to voting on this motion, further discussion was held. Councilman Kanel inquired if the present P-D (Planned Development) zoning would still~ in effect. The Secretary of the Planning Commission requested permission to~rify the time for the duration of the P-D zoning on the subject property. The Mayor declared a recess at the hour of 8:15 p.m. The meeting was called back to order at 8:24 p.m., all City Councilmen being present. In answer to Councilman Kanel's question concerning the duration of the P-D (Planned Development) zoning on the subject parcel, the City Attorney stated that the Ordinance had no specified time period, which would automatically mean that the zoning was established for a one-year time period. The following roll call vote was taken on Councilman Gorzeman's motion to continue the Public Hearing on Zone Change No. Z-147: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None COMMUNICATION FROM CYPRESS HOMEOWNERS RE: LOCATION OF FERTILIZER PILE ADJACENT TO NORTHERLY CITY LIMITS: The City Manager presented a communi- cation dated February 4, 1966, from 15 property owners who reside north of Crescent Avenue in the City of Cypress, requesting the City Council to take any action possible to stop the location of a fertilizer pile which is proposed to be located at the north and ~ightly to the west of the City of Cypress. The City Manager reported that a letter had been sent to the City of Dairy Valley on June 2, 1965, indicating the City Council's opposition to the location of the fertilizer stockpile; however, no reply has been received. He also advised that the City of La Palma had authorized its City Attorney to prepare a study and report on the procedures that could be used to enjoin the fertilizer plant from going into operation at the subject location. February 14, 1966 Mr. Conrad Tuohey, Attorney representing various homeowners in Lakewood, Dairy Valley, La Palma, and Cypress, addressed the Councll, statlng that an action is now pending in Orange County concerning this matter. Mr. Tuohey displayed a map showing the proximity of the homes in Lakewood, La Palma, and Cypress, to the proposed fertilizer stockpile, and emphasized the health hazard, fire hazard, odor problem, and uusightliness caused by such an operation. In answer to a question from Councilman Gorzeman, Mr. Tuohey indicated that the matter has not gone to trial and that they presently have only a preliminary injunction. Councilman Gorzeman stated that a member of his family is a member of the Dairymen's Fertilize~ Cooperative, Inc., and inquired if he should refrain from voting on this matter. The City Attorney suggested that Councilman Gorzeman abstain from consideration on this matter. COUNCILMAN GORZEMAN EXCUSED HIMSELF FROM HIS CHAIR ON THE PODIUN. Discussion was held concerning the action taken by the City of La Palma. Mr. Tuohey stated that it was his understanding that La Palma had authorized its City Attorney to proceed with an action to enjoin the location of the fertilizer pile as proposed. Councilman Fanel indicated that he feels the City of Lakewood should also be interested in this matter since many of the adjacent homes are in Lakewood. He also stated that the City of Cypress has a vested interest in the area surrounding the proposed fertilizer stockpile, and he feels the Dairymen's Cooperative will not attempt to locate the fertilizer pile at the subject location if the various cities try to enjoin them. In response to an inquiry from Councilman Kanel, the City Attorney reviewed the~pemes involved in the City entering into an action on this matter. Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, stating that the Cypress residents effected by this fertilizer pile have done everything possible in stopping the location of the fertilizer pile, and suggested now that the City step in and do whatever possible to assist these residents for~e betterment of the City. In answer to a question from the City Manager concerning the time limits in this matter, Mr. Tuohey stated that in the next few weeks, if enough interest is shown on the part of the surrounding cities, the problem should be resolved. Further discussion was held concerning the interest shown by the other cities, following which Councilman Kanel stated that he feels Cypress should take the lead in this matter by filing any necessary documents to enjoin the location of the fertilizer pile. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to instruct the City Attorney to take such steps as may be required to prevent the location of the fertilizer stockpile at Coyote Creek and La Palma Avenue including the initiation of an action at law or in equity. The following roll call vote was taken: AYES: 4 COUNCILMEN: Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Gorzeman COUNCILMAN GORZEMAN RETURNED TO HIS CHAIR ON THE PODIUM ORAL COMMUNICATIONS: REVIEW OF ACTION CONCERNING DISAPPROVAL OF SECOND READING OF PARK FEE ORDINANCE: In response to a request from Councilman Kanel, the City Manager reviewed for the membezs of ~e audience the action taken by the City Council in disapproving the second reading of the proposed Ordinance establishing park fees for subdivisions. February 14, 1966 COMMENDATION TO CYPRESS FOUNDERS DAY PARADE DIRECTORS: Mayor Noe reminded the Council that it had been suggested that the City Council commend the Directors of the recent Founders Day Parade. It was moved by Councilman Wright, se~nded by Councilman Gorzeman, and unanimously carried, to instruct the City Manager to send a letter of commendation to Mr. Clarence B. Parker, and the members of the PAL Baseball League for the successful Founders Day Parade recently conducted in the City of Cypress. REPRESENTATIONS BY CYPRESS CHAMBER OF COMMERCE: With reference to the oral communication presented during the afternoon sessimof the City Council meeting pertaining to statements made by the Manager of the Cypress Chamber of Commerce, Councilman Kanel stated that if the City is to make any financial contributions to the Chamber, he feels the City Manager should be instructed to communicate with the President of the Chamber of Commerce to determine if the individuals who recently spoke concerning the Civic Center were speaking as individuals or on behalf of the Chamber of Commerce. Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, stating that the Chamber of Commerce Manager is an employee of the Chamber, and as such should not voice his opinion as an individual. The City Council concurred that the City Manager should meet with the President of the Chamber of Commerce concerning this matter. REQUEST FOR RULING FROM ATTORNEY GENERAL RE: CONFLICT OF INTEREST ON PART OF CITY'COUNCILMEN SERVING ON BOTH CITY COUNCIL AND CYPRESS COUNTY WATER DISTRICT BOARD OF DIRECTORS: Councilman Kanel stated he would like to find out if there is any legislation which states that a member of the City Council cannot ~ a member of another governmental agency's board of directors. Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, stating that many months ago he brought up the question of the advisability of two members of the City Council also serving on the Board of Directors of the Cypress County Water District. Mr. Visca stated he.feels he is being disenfranchised as a taxpayer in both districts, with particdar reference to those instances when problems occur between the two public agencies. Mayor Noe related the history of the formation of the Cypress County Water District, indicating that he had been originally elected to the Board of Directors as a result of his name being written in on the ballot. He also stated that at one time he was prepared to submit a letter of resignation from the Water Board but was advised by the Attorney for fl~e Water District that he would have to resign from the City Council since that position was accepted last. Mayor Noe also stated that a ruling issued serveral years ago concerning serving on both boards indicated that in 99% of the cases there would be no conflict of interest. Mr. Carl De Pietro, 10301 Sande Street, Cypress, addressed the Council, asking why the two members of the Council had abstained from voting on the Ball Road Sewer relocatimif there was no conflict of interest. Mayor Noe stated that to his knowledge this was the first action on which he had abstained from voting due to a conflict of interest, and he had excused himself on this item upon the suggestion of the City Attorney. The City Attorney stated that a letter is on file in the City offices from the City Attorney, giving the opinion that there is no conflict by virtue of sitting on both boards, but there may be specific conflicts such as arose at this meeting. Mr. Erickson further suggested that any further opinions on this matter be obtained from the Attorney General's office. February 19, 1966 Following further discussion, it was moved by Councilman Gorzeman and seconded by Councilman Wright to instruct the City Attorney to request a clarification from the Attorney General's Office concerning whether thre is a conflict of interest by an individual serving on both the City Council and the Board of Directors of the Cypress County Water District. Prior to voting on this motion, further discussion was held concerning whether the specific case which brought about this request would be cited to the Attorney General's office. The City Attorney indi- cated that he would simply request an opinion as to whether there is a conflict in holding positions on both boards. The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None There were no further oral communications presented at this time. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, the meeting adjourn at 9:40 p.m. MAYOR OF THE CITY OF:CYPRESS ATTEST: ciTY cLP.~i~d~ ~ QTY ~CYPRESS February 14, 1966