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Minutes 66-03-14 ~D~ MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD March 14, 1966 The Cypress City Council held a regular meeting on March 14, 1966, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 3:00 p.m., Mayor Frank P. Noe presiding. PRESENT: Councilmen Gorzeman, Kanel, Wright, and Noe ABSENT: Councilman McCarney Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Administrative Assistant Dartell Dalton; Public Works Director Arthur Schatzeder, and Secretary of the Planning Commission George Putnam. MINUTES: It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, the minutes of the meeting of February 28, 1966, be approved as mailed. RECESS: Mayor Noe declared a recess at the hour of 3:01 p.m. in order to allow the Audit Committee an opportunity to review the warrant lists. The meeting was called back ro order at 3:15 p.m. with the following in attendance: PRESENT: Councilmen Gorzeman, Kanel, McCarney, Wright, and Noe ABSENT: None ORAL COMMUNICATIONS: Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, reading into the record an excerpt from the Congressional Record of March 9, 1966, entitled "Burkburnett, Texas, Solves Its Local Problems By Its Own Actions" a copy of which is on file in the Office of the City Clerk. Mr. Wayne Worley, 6412 Orange Avenue, Cypress, addressed the Council, reviewing three relocations recently completed by him, and outlining the condition imposed whereby he is required to install the street improve- ments adjacent to the relocated buildings prior to the certificates of occupancy being Branted for the last unit. Mr. Worley inquired if it would be possible to have the last unit released for occupancy prior to final completion of the street improvements. The City Manager reviewed the conditions of the Conditional Use Permit granted for relocation of the last unit, stating that there was no provision that the street improvements could be delayed if a bond were posted. Mr. Worley presented a letter sent to him by the City's Public Works Department, advising him that a bond could be posted for these street improvements, and also setting forth various other requirements for drainage fee payment, compaction tests, etc. With reference to the matter of drainage fees being required of Mr. Worley, the City Attorney stated that since a condition requiring the payment of drainage fees was not a part of the Conditional Use Permit for the reloca- tion, the City could not require the drainage fees without a modification of the Conditional Use Permit. He further stated that all conditions of the Conditional Use Permit must be complied with prior to issuance of the Certificates of Occupancy. He also indicated that Mr. Worley should not have been advised by the Public Works Department that a bond could be posted for the street improvements, as this was in conflict with the approved Conditional Use Permit. The City Attorney explained that if no action was taken by the City Council, Mr. Worley would not be required to pay drainage fees, but would be required to install the street improvements prior to certificates of occupancy being issued for the last unit. No further action was taken on this matter by the City Council. March 14, 1966 11,5 Since Agenda Items 1 and 2 were Public Hearings scheduled for the 7:30 p.m. portion of the meeting, the City Council proceeded to Item No. 3 on the agenda. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF LICENSE AT THE BODY SHOP: The City Manager presented a communication from the Department of Alc0IDlic Beverage Control, notifying the City of the transfer of the on-sale beer license at the Body Shop, 4612 Lincoln Avenue, Cypress, to Kenneth E. and Verna J. Gunderson znd Eleanor E. and Myron W. Plum. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY LIBRARIAN TRANSMITTING REPORT ON HISTORY AND FACILITIES OF THE ORANGE COUNTY FREE LIBRARY: The City Manager presented a communication dated March 3, 1966, from Margaret Morrison, Orange County Librarian, transmitting a report on the History, Operation, and Facilities of the Orange County Free Library District. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, this communication be received and filed. COMMUNICATION FROM THE LEAGUE OF CALIFORNIA CITIES RE: LEGISLATION CONCERNING POSSESSION OF MOLOTOV COCKTAILS: The City Manager presented a communication dated February 11, 1966, from the Executive Director and General Counsel of the League of C~lifornia Cities, notifying the City that the League Board of Directors has adopted a policy in support of legislation relative to the manufacture, use, or possession of a fire bomb. The City Manager explained that this communication had been sent in response to the City Council's request ~ its regular meeting of November 22, 1965, at which time the City Council had withheld action on this matter until the League policy was adopted. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to support legislation which has been introduced concerning the manufacture, use, or possession of a fire bomb, and direct the City Manager to notify the State Legislators from this area of the City Council's position in this matter. COMMUNICATION FROM CITY OF LOS ANGELES RE: FORMATION OF ORGANIZATION OF LEGISLATIVE BODIES OF LOS ANGELES~ ORANGE~ AND VENTURA COUNTIES: The City Manager presented a communication dated March 2, 1966, from the City of Los Angeles, transmitting a proposal for a voluntary organ- ization of the legislative bodies of the three-county area of Los Angeles, Orange, and Ventura, requesting that the City express an opinion on the proposal, either in writing or by a presentation at a planning meeting, to be held on Wednesday, March 16, 1966, at the Los Angeles City Hall. The apparent purpose of the organization is to meet the requirements of the Federal Government to be eligible for monies under thenew Federal Programs. The City Manager reviewed the fact that all cities which are now members of the Southern California Association of Governments woula be eligible for these Federal monies if the City of Los Angeles were to join S.C.A.G., however, the City of Los Angeles has been reluctant to join S.C.A.G., thereby Jeopardizing many projects for cities and counties in the five- county membership of S.C.A.G. Following discussion, it was moved by Councilman Wright, and seconded by Councilman McCarney, to direct a communication to the City of Los Angeles, stating that the City of Cypress is not interested ~ the p~oposed formation of an organization of the legislative bodies of Los Angeles, Orange, and Ventura Counties, and urging that the City of Los Angeles join the Southern California Association of Governments. Prior to voting on this motion, further discussion was held. Following further discussion on this matter, Mayor Noe called for a vote on Councilman Wright's motion, and said motion was unanimously carried, March 14, 1966 SUMMARY OF COUNTRY SQUARE HOMEOWNERS MEETING: Upon the suggestion of the City Manager, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to continue this matter until the 7:30 p.m. portion of the meeting. In answer to a question from Councilman Wright, the City Manager indicated that the meeting withUe homeowners in the County Square Development was well artended and many problems in the tract were discussed.. R/~LEASE OF RELOCATION BONDw 6420 ORANGE AVENUE~ CYPRESS: A report dated March 9, 1966, was presented from the City Manager, recommending release of a relocation bond posted by Mr. Wayne Worley for relocation of a building at 6420 Orange Avenue, Cypress. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to authorize the City Clerk to release Bond No. 204163 in the amount of $2,000.00 within 90 days if no mechanics' liens are filed. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None RELEASE OF RELOCATION BONDw 6418 ORANGE AVENUEw CYPRESS: A report dated March 9, 1966, was presented from the City Manager, recommending release of a relocation bond posted by Mr. Wayne Worley for relocation of a building at 6418 Orange Avenue, Cypress. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to authorize the City Clerk to release Bond No. 204115 in the amount of $3,000.00 within 90 days if no mechanics' liens are filed. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None RELEASE OF RELOCATION BONDs 6410 A & B ORANGE AVENUE~ CYPRESS: The City Manager requested permission to present an additional report concerning a relocation completed at 6410 A&B Orange Avenue. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to grant this request. The City Manager advised that Mr. Worley had completed the relocation of a building at 6410 A & B Orange Avenue, Cypress, and recommended release of the bond posted for this relocation. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to authorize the City Clerk to release Bond No. 207014 in the amount of $2,500.00 within 90 days if no mechanics' liens are filed. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None STREET IMPROVEMENT AGREEMENT BETWEEN CITY OF CYPRESS AND CYPRESS SCHOOL DISTRICT: A report dated March 10, 1966, was presented from the City Manager outlining a proposed Agreement prepared by the County Counsel's Office on behalf of the Cypress School District, providing for the installation of street improvements by the Cypress School District and the City adjacent to the Landell School on the west side of Denni between Ball Road and Orange Avenue. Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve the Agreement between the Cypress School DistriCt and the City for the improvement of Denni Street adjacent to the Landell School and authorize the Mayor to sign and City Clerk to attest the Agreement subject to the City Attorney approving the form of the Agreement, and further to authorize a budget appropriation of $7,500.00 for this project. March 14, 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 CIVIC CENTER CONSTRUCTION--NEGOTIATIONS WITH CONTRACTOR: A report dated March 10, 1966, was presented from the City Manager, outlining the negotiations completed by the Civic Center Architect with the Azar Construc- tion Company, low bidder on the project. Councilman Kanel suggested the possiblity of considering this report at the evening portion of the City Council meeting. After the City Manager explained that Architect Robert Ashton was present at the afternoon session to discuss this with the Council and wouldnot be able to attend the evening meeting, the City Council proceeded with consideration of the matter. The City Manager advised that in addition to the accepted alternates approved by the City Council, the Architect has been successful in obtaining credits on the following alternates which were to be negotiated: Alternate No. 2- Omit the plaster over the concrete block walls in both vaults and Police facility holding areas and apply cold glaze finish directly on the blocks. -- Credit of $600.00 Architect Robert Ashton addressed the Council, recommending that the City Council accept this alternate. It was moved by Countman Gorzeman, seconded by Councilman Wright, and unanimously carried, to accept Alternate No. 2 for a total credit of $600.00. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None Alternate No. 6 - Omit the ten concrete columns on the north and south side of the Police parking areas - Credit of $3,400.00 Upon the recommendation of the Architect, it was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to accept Alternate No. 6 for a total credit of $3,400.00. 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: Mayor Noe declared a recess at the hour of 4:25 p.m. The meeting was called back to order at 4:30 p.m., all City Councilmen being present. Alternate No. 8 - Omit all redwood screens - Credit of 917,560.00 It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to accept Alternate No. 8 for a credit of $17,560.00. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None Alternate No. 9 - Use douglas fir in lieu of redwood - Credit of 92,300.00 It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to accept Alternate No. 9 for a credit of $2,300.00. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None March 14, 1966 Alternate No. 11 - Provide a sand-blasted finish and tooled 3oints in lieu of plastic dividers and exposed a~gregate on all exterior flatwork - Credit of $7,040.00 Following an explanation of this alternate by the Architect, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to accept Alternate No. 11 for a credit of $7,040.00. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None Alternate No. 13 - Provide sand blast finish on concrete columns in lieu of exposed aggregate finish - Credit of $8s680.00 Mr. Ashton explained the desirability of the sand-blast finish on the columns, following which it was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to accept Alternate No. 13 for a credit of $8,680.00. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None The City Manager outlined the following additional negotiated items, which would allow further credits: Omit nine interior ~lazed windows, Type "H" - Credit of $500.00 Upon the recommendation of the City Manager and Architect, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to omit nine of the interior glazed windows, Type "H" for a total credit of $500.001 The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None Omit fluted form on all columns - Credit of $2t466.00 It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to omit the fluted form on all columns for a credit of $2,466.00. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUN[CL~4EN: None Reduce size of wood members on Council Chambers buildink fascia - Credit of $462.00 and Reduce size of wood members on Administration Building fascia - Credit of $880.00 It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to reduce the size of wood members on the Council Chambers building fascia for a total credit of $462.00, and to reduce the size of the wood members on the Administration Building fascia, for a total credit of $880.00. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None The City Manager explained that with the above credits, the Architect then proceeded to discuss items which could be added back to the contract at a reduced price to provide the same architectural features as desired in the original specifications. Upon the recommendation of the Architect, the following motions were made and carried concerning these add-back items: It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to retain the color in all exterior concrete paving, at a total cost of $1,300.00. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 March 14, 1966 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to approve the exposed aggregate paving to be single slab with Mexican beach pebbles and redwood headers in lieu of dividers and double slab as detailed, and the width around the planter perimeters to be reduced to 10' in lieu of 20' as shown, at a cost of $4,000. 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 Gorzeman, seconded by Councilman McCarney, and unanimously carried, to retain 19 wood screens at the building exterior and reduce the size of wood members and change structural mounting to metal rod suspension system; change material to DF, "b" or better, finished with two coa~s of dark stain, at a cost of $8,000. 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 Councilman Gorzeman, and unanimously carried, to approve the exterior column to be colored concrete with mix design on 11/2' aggregate, to be finished with heavy sand-blast and concrete stain as required to even out color, at a cost of $1,500.00. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None The City Manager explained that the only item w~ich was not negotiated was the omission of the reflecting pool and/or fountains. The alternate for the reflecting poolwas $7,261.00, and the savings resulting from the negotiated items could be used to include the pool as originally proposed. Discussion was held concerning the desirability of fountains, rather than reflecting pool. The City Manager advised that a decision concerning the reflecting pool and/or fountains could be made at a later date if desired. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to authorize the Architect to negotiate with the Azar Construction Company for the inclusin~of fountains, for further consideration at a later date by the City Council. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None The City Manager further advised the City Council t, b~tthe Civic Center Plans and Specifications call for notification to the low bidder within 30 days after receipt of the bids. Although the contractor has verbally been advised that he is the successful I~F~ bidder, the City Manager recommended that the City Council take action to recommend this notifica- tion be made by the Cypress Civic Center Corporation. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to recommend to the Cypress Civic Center Corporation that a communication be submitted to the Azar Construction Company, notifying them that they are the successful low bidder in the Civic Canter project and a contract will be awarded to them subject to the delivery of t he bonds. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None March 14, 1966 1966 WEED ABATEMENT PROGRAM: A report dated March 10, 1966, was presented from the City Manager, reviewing the weed abatement program proposed for 1966, and outlining the need for City Council approval of the plans and specifications for the work and authorization to advertise for bids. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to approve the Weed and Rubbish Specifications and authorize the City Clerk to advertise for bids to be received by 10:00 a.m. on April 7, 1966. TEXACO PARK DEDICATION: A report dated March 10, 1966, was presented from the City Manager, reviewing the cooperative project between the City of Cypress, Texaco, Inc., the Robert H. Grant Company, and the Cypress P~rk and Recreation District in development of the Texaco Park site located on the north side of Ball Road between Moody and Walker. The City Manager recommended that the City Council designate an official name for the park and authorize his office to develop a program for dedication of the park for public use. Following discussion, it was moved by Councilman McCarney and seconded by Councilman Wright, to name the subject park "Texaco Park" and authorize the City Manager to develop a program for dedication of the park. Prior to voting on this motion, further discussion was held concerning the suggested name for the park. Mr. Charles Bryant, Director of the Park and Recreation District, addressed the Council, stating that he felt the name "Texaco Park" was appropriate. The following roll call vote was taken on Councilman McCarney's motion: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None CERTIFICATION OF EMPLOYMENT LIST FOR POLICE CHIEF: A report dated March 10, 1966, was presented from the City Manager, outlining the results of an examination conducted f~ the position of Police Chief. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to certify the employment list for Chief of Police 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 The City Manager requested thata Personnel! Session be held concerning the appointment of the Police Chief. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to declare a recess at the hour of 5:22 p.m. in order for the City Council and City Manager to go into Personnel Session. The Mayor called the meeting back to order at 5:30 p.m., all City Councilmen being present. MONTHLY VARIANCE REPORT--FEBRUARY 1966: It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to receive and file the Monthly Variance Report of Revenues and Expenditures for February 1966. APPROVAL OF PAYROLL WARRANT LIST~ WARRANTS NO. 13618 THROUGH 13673: It was moved by CounCilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to approve the Payroll Warrant List for Warrants No. 13618 through 13673 in the total amount of $14,192.36. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None March 14, 1966 APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO. 13616~ 13617~ and 13674 THROUGH 13740: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to approve the Commercial Warrant List for Warrants No. 13616, 13617, and 13674 through 13740 in the total amount of $123,983.86. The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 0 ABSTAINED:I COUNCILMEN: Gorzeman, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None COUNCILMEN: Kanel In answer to a question from Councilman McCarney, the City Manager reviewed the Civic Center Architect's fees. RECESS: It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to declare a recess at 5:35 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, Administrative Assistant Darrell Dalton, Building Superintendent Tom Nudson, and Secretary of the Planning Commission George Putnam. The City Manager reviewed the actions taken by the City Council at the 3:00 p.m. mssion of the meeting. APPOINTMENT OF CHIEF OF POLICE: Upon the suggestion of the City Manager, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to consider the appointment of the Chief of Police at this time. The City Manager reviewed the examination process for selection of a Police Chief and stated that the candidates for the position were all highly qualified. The City Manager announced the appointment of Mr. George Savord, 10291 Barbara Ann Street, Cypress, as Police Chief. Mr. George Savord, addressed the Council, expressing his appreciation f or the appointment, and stated that it will be his earnest endeavor to carry on the high quality of service rendered in the past by the Cypress Police Department. PUBLIC HEARING RE: APPEAL OF VARIANCE NO. V-226 (ROBERT AND VIRGINIA LOPEZ): The Mayor announced this was the time and place for the Public Hearing ~ consider an appeal of the decision of the Cypress Planning Commission concerning an application for Variance from the Zoning Ordinance No. 90, to permit an accessory building to encroach to within three feet of the side property line on R-4 zoned property at 5602 Bishop Avenue, as requested by Robert H. and Virginia R. Lopez, 5602 Bishop Avenue, Cypress, California, known as Variance No. V-226. COUNCILMAN WRIGHT REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUM SINCE HE OWNS PROPERTY IN TttE PROXIMITY OF THIS VARIANCE APPLICATION. The Mayor declared the Public Hearing open and a~ked if anyone in the audience wished to speak for or against the appeal. 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. He further read in full the appeal, dated February 20, 1966, from Mr. and Mrs. Lopez, which indicated that the applicants would present oral and documentary evidence at the hearing to show that the application should have been granted by the Planning Commission. March 14, 1966 The Secretary of the Planning Commission reviewed a report dated March 8, 1966, outlining the variance application and the reasons for the Planning Commission!s denial of the request. The report indicated that Mr. Lopez had objected to a proposed condition on the variance that curbs, gutters, sidewalks, and full street improvements be installed. Mrs. Mary Canova, 5590 Bishop, Cypress, addressed the Council, speaking in favor of the appeal, stating that the structure constructed by Mr. Lopez is a nice building. Mr. Elmer Saylot, 5612 Bishop, Cypress, addressed the Council, stating that he has no objection to the subject building. Mr. Tom Fitzgerald, 10211Angela, Cypress, addressed the Council, stating that the building is one of the nicest in the area, and questioned the need for Mr. Lopez to construct sidewalks since none of the adjacent homes have sidewalks. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. In answer to a question from Councilman Kanel, the Secretary of the Planning Commission stated that the Variance had been denied because Mr. Lopez indicated he would not comply with the conditions. Mr. Robert Lopez, applicant, addressed the Council, stating that he did not state at the Planning Commission meeting that he would not comply with the conditions. He further stated that the staff was not able to tell him at the Planning Commission meeting exactly what was required for the street improvements, etc. In answer to a question from Councilman Gor~eman, Mr. Lopez stated he did not object to installing sidewalks on his property. Discussion was held concerning the requirement of drainage fees for the subject Variance. The Secretary of the Planning Commission indicated that drainage fees would be imposed if the Variance were granted. Upon the request of Mr. Lopez, the Secretary of the Planning Commission read Section 109.3 of the Zoning Ordinance, concerning Accessory Buildings. Mr. Robert Borders, 5123 Melbourne Drive, Cypress, addressed the Council, questioning whether the building in question could be considered as an accessory building since it is used as a family room. Building Superintendent Tom Nudson stated that the building was built without obtaining a building permit, and presently does not meet the Fire Zone 2 requirements. In answer to a question from Councilman Gorzeman, the Secretary of the Planning Commission indicated that if the required fire wall had been built, the building would not have required a variance and drainage fees would not have been imposed. Further discussion ensued concerning the requirement of drainage fees from individual homeowners. The City Attorney advised that drainage fees can be imposed for subdivisions, Conditional Use Permits, and Variances, but~also stated that the Subdivision Ordinance could be amended to provide that individual homeowners will not have to pay drainage fees. Mr. Louis Selby, 5204 Melbourne Drive, Cypress, addressed the Council, stating that Mr. Lopez's building is a beautiful structure, and inquired if other similar cases required variances. Mr. Selby further stated that the structure as built by Mr. Lopez would not have required a variance under old County zoning for the subject area and also question whether the property had been properly rezoned by the City. With reference to the changing of the zone on this property, the City Attorney explained the publication requirements in advertising a zone change. The Secretary of the Planning Commission also advised that Mr. Lopez's property had been rezoned at the time the entire City was rezoned to conform with the Master Plan. March 14, 1966 Mr. Robert Lopez, applicant, addressed the Council, asking if a variance would be required if he were to alter his building and install the required fire wall. The City Attorney advised Mr. Lopez that a variance would not be required if Mr. Lopez complies with Section 109.3 of the Zoning Ordinance. He further advised Mr. Lopez, however, that he had violated the building code by not oktaining a permit to construct the building. Mr. Robert Borders, 5123 Melbourne Drive, Cypress, addressed the Council as a Planning Commissioner, stating that Mr. Lopez had indicated that he would not adhere to the conditions of the variance because he felt they were "ridiculous" Mr. Borders again questioned whether ~is building would be considered as an accessory building. Mr. Louis Selby again addressed the Council, stating that the building is not attached to the main residence and also indicated that similar structures have been built without the benefit of a variance in other parts of the City. The City Attorney gain advised that Mr. Lopez would not be required to obtain a variance if he installs a one-hour fire wall and installs the necessary gutter device as required by Section 109.3 of the ZOning Ordinance. It was moved by Councilman McCarney and seconded by Councilman Gorzeman, to sustain the decision of the Planning Commission in denial of Variance No. 226. Prior to voting on this motion, further discussion was held. The Secretary of the Planning Commission advised the applicant that sidewalks would still be required under the provisions of the Zoning Ordinance. The following roll call vote was taken on Councilman McCarney's motion: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: GorzBman, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Wright The City Attorney advised the applicant that the following would be required, even though the Variance h~d been denied: Install one-hour fire wall as required by Section 109.3 of the Zoning Ordinance. Install gutter device, as required by Section 109.3 of the Zoning Ordinance. 3. Comply with all requirements of Fire Zone 2. 4. Install sidewalk or post a bond therefor. Mr. Lopez indicated that he understood and agreed to these requirements. COUNCILMAN WRIGHT RETURNED TO HIS CHAIR ON THE PODIUM PUBLIC HEARING RE: AMENDMENT TO MASTER PLAN OF DRAINAGE: The Mayor announced this was the time and place for the Public Hearing to consider a proposed revision of Drainage Districts l-A, I-B, 3-N, 3-0, and 3-P, of the MAster Plan of Drainage of the City of Cypress, located generally in the area bounded by Moody Street, Orange Avenue, Juanira Street, and Ball Road, in the City of Cypress, initiated by the Secretary of the Planning Commission, George Putnam. In answer to a question from Councilman Gorzeman, the City Attorney advised that he would not be disqualified from voting on this matter because he resides in the subject area. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed amendment. The City Manager stated that the affidavit of publication of the Public Hearing notice was on file in the Office of the City Clerk. March 14, 1966 Public Works Director Arthur Schatzeder reviewed a report dated March 10, 1966, outlining the proposed amendment to the Master Plan of Drainage, whereby Drainage Districts l-A, l-B, 3-N, 3-0, and 3-P will be combined into one large district, thereby relieving the present conflict of one drainage district draining into the facilities of another district. The total estimated cost of the drainage facilities for the combined district is $249,795.00, which would require a per-acre assessment fee of $565.00. The City Manager presented Resolution No. 317 of the Planning Commission, recommend~g approval of this amendment to the Master Plan of Drainage. Mrs. Fred Neubauer, 6812 Jonathan, Cypress, addressed the Council, inquiring if the subject amendment would affect the area in which she resides. The Public Works Director stated that the amendment did not pertain to her area and further outlined the boundaries of the drainage districts in question. Mr. James Duncan, 9582 South Walker, Cypress, addressed the Council, inquiring about the sotution to the drainage problem on Walker Street between Orange and the present City Hall location. The Public Works Director explained that upon ultimate development of Walker Street south of Orange, the drainage solution will be satisfactory; however, he suggested the possib~ity of installing a temporary inlet into the pipe proposed south of the City Hall to alleviate any drainage problem northerly of this location. Mr. Duncan further suggested that the City Council assure him that there will be no increase in the water draining onto his property on Walker Street. Mayor Noe reminded Mr. Duncan that there are other drainage problems in the City at the present time. Mayor Noe further reviewed the studies presently being undertaken by the Committee of the League of California Cities concerning the forth-coming Flood Control Bond issue. Mr. Duncan again addressed the Council, stating that he wished to voice his protest until a pipe is installed on Walker from Orange Avenue south, and he was opposed to any increase in drainage fees. Mr. Duncan further stated that a pet~ion had been signed in the past protesting open ditches and increases in drainage fees. Mrs. Fred Neubauer again addressed the Council, stating that since Walker Street is one of the main streets in the City, the drainage system should not be provided by open ditches. The City Manager explained that the permanent facilities would be underground and that any open ditches along Walker Street were only temporary solutions to the drainage problem. Mr. Jim Crosby, Engineer from the firm of Voorheis-Trindle-Nelson, which had completed a study of the subject drainage districts for the City, addressed the Council, explaining that upon ultimate construction of the drainage facilities proposed, there will be no open ditches. In answer to a further q~estion from Mr. Duncan, the City Manager outlined the projects which have been completed through the use of gas tax monies. He further outlined possible solutions to the drainage on Walker with reference to the proposed development west of Walker, south of Orange. There being no written communications and no further oral communications, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 677 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING AN AMENDMENT TO THAT PORTION OF THE MASTER PLAN OF DRAINAGE AFFECTING DRAINAGE DISTRICTS l-A, l-B, 3-N, 3-0, and 3-P March 14, 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 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 SECTION 25-23 OF THE CODE OF THE CITY OF CYPRESS TO COMBINE DRAINAGE DISTRICTS I-A, l-B, 3-N, 3-0, AND 3-P INTO REVISED DRAINAGE DISTRICTS 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: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None SUMMARY OF COUNTRY SQUARE HOMEOWNERS MEETING: A report dated March 10, 1966, was presented from the City Manager, reviewing the problems presented at a homeowners meeting held on March 1, 1966, for the Country Square homes located on the southwest corner of Knott and Cerritos. The City M~nager explained that immediate steps have been taken to abate the nuisances in the vacant homes and in the garage which had been destroyed by fire. The report further outlined the problem of the Knott Avenue Street Improvements, and lowering of the oil lines, which is presently under litigation between the City and the New Amsterdam Casualty Company. Due to the length of time that could be involved in obtaining the funds from this litigation for the street improvement and lowering of the oil lines, the City Manager recommended that the City proceed to complete these improvements prior to the court settlement. The city Manager's report also outlined the willingness of Standard Oil Company to provide the materials necessary to lower the oil lines. With reference to the problem of Code violations by the developer of the tract, the City Manager reported that due to the bankrupt status of the developer, the only action that could be taken on this matter would be to instruct the City Attorney to seek out the assets of Mr. Bentley and Ball Properties in order to recover both current Judgments and fines imposed by the Building Code. Mrs. Fred Neubauer, 6812 Jonathan Avenue, Cypress, addressed the Council, commending the Building Superintendent for the manner in which the City has worked with Perpetual Savings and Loan in abating the nuisances in the vacant houses. Mz~ Neubauer inquired as to the time period involved if the City proceeds to improve Knott Street. The City Manager advised that if the City were to complete this improvement, the project would require the preparation and approval of plans and specificatoins for the work, and competitive bidding, thereby delaying commencement of work for approximately two months. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to authorize the following: An appropriation of $39,000.00 to be used to complete the lowering of the oil ~nes and the street improvements on Knott Street adjacent to Tract No. 4421. The preparation and execution of the necessary Agreements between the City and Standard Oil Company and possibly the New AmSterdam Casualty Company for the completion of the subject improvements and authorize the Public Works Department to prepare the Plans and Specifications to be advertised for competitive bidding for the subject project, and March 14, 1966 The City Attorney to proceed with utmost diligence in collecting not only the existing judgment against Mr. Bentley, but to recover appropriate fines that could be levied in relation to the Buidling Code violations. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None PRESENTATION OF OPINION FROM CITY ATTORNEY RE: ASSEMBLY BILL NO. 3404: City Attorney James Erickson stated that Mr. Tom Burke, of his office, was prepared to present a legal o~nion concerning Assembly Bill No. 3404 with reference to the Streets and Highways Code, as requested at the last City Council meeting. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to consider this matter at this time. Mr. Tom Burke, of Rutan & Tucker, addressed the Council, reading a written opinion dated March 14, 1966, concerning Assembly Bill No. 3404, regarding an interpretation of the provisions of said Bill prepared by the State Division of Contracts and Rights-of-Way as this Assembly Bill relates to public hearings for the establishment of State highway routes. A copy of this opinion is on file in the Office of the City Clerk. The City Manager suggested that a copy of the City Attorney's opinion be forwarded to the State Division of Highways. In response to a request from Councilman Gorzeman, the City Attorney stated that he would forward copies of this written opinion to the City Councilmen for further study. COMMUNICATION FROM FEDERAL LITTLE LEAGUE RE: COMMUNITY SPORTS CENTER: The City Manager requested permission to present a communication just received from the Federal Little League regarding the Community Sports Center. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to grant this request. The City Manager presented a communication dated March 14, 1966, from Mr. Louis Selby, President of the Federal Little League of Cypress, expressing appreciation to the City for its assistance in the development of the Community Sports Center at Orange and Graham, and outlining open- ing day and dedication ceremonies planned by the Little League for the Sports Center. With reference to the Community Sports Center, the City Manager reported that the Assignment of Lease and the Joint Powers Agreement for the Sports Center approved at the last City Council meeting had been executed and the purchase orders for the required equipment were being processed by the County of Orange. Councilman Kanel requested the City Manager to communicate with the Federal Little League concerning sponsorship of the dedication ceremonies. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to receive and file the communication from the Federal Little League. REQUIREMENT OF DRAINAGE FEES ON CONDITIONAL USE PERMITS AND VARIANCES: Discussion was held concerning a matter brought up during one of the Public Hearings, with reference to the requirement of drainage fees on Conditional Use Permits and Variances. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to direct the staff to prepare a report concerning the policies which have been followed in the past and are recommended in the future concerning requiring drainage fees on conditional use permits and valances. March 14, 1966 ORAL COMMUNICATIONS: Mrs. Barbara Robertson, 5212 Marcella Avenue, Cypress, addressed the Council concerning the fact that Mr. Robert Lopez was not granted a Variance, but yet was allowed to construct a building. The City Attorney explained the action taken by the City Council concerning Mr. LOpez's building, and also advised that Mr. Lopez would be required to pay double building fees due to the fact that a building permit had not been obtained. Mr. J. A. Highfield, 5562 Newman Avenue, Cypress, addressed the Council, stating that since last October he has been in contact with the City's Planning Department in an effort to have some chickens removed from residences adjacent to his home. Mr. George Putnam, Assistant Planner, addressed the Council, stating that letters had been directed to the parties keeping chickens on their property, who have promised to remove the chickens. Mr. Highfield again addressed the Council, asking if there was some method of enforcement other than just sending communications to the people keeping the chickens. The City Attorney advised that it is possible to bring a legal action to abate the nuisances, however, explained that due to the expense of such a legal action, every effort is made to remedy such a situation without resorting to an action at law. Mrs. Holden, 10711Ritter Street, Cypress, addressed the Council, stating that since the City of Cypress is growing so rapidly, she feels that there should be more laws regulating problems such as presented by Mr. Highfield. Mrs. Fred Neubauer addressed the Council, stating that upon moving into the City of Cypress she has taken an active interest in municipal government and since a municipal election will be held shortly, she would like further information concerning the qualifications required for individuals to serve on the City Council. Mayor Noe explained various functions performed by City Councilmen, emphasizing the amount of time which must be devoted to the position, following which the City Manager stated that he had various publications available at his office concerning the duties, responsibilities, and qualifications for City Councilmen. Mrs. Neubauer indicated that she would like a copy of these publications. 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 10:48 p.m. YOR OF THE CITY ~CY/PR~SS March 14, 1966