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Minutes 66-04-11MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD April 11, 1966 The City Council held a regular meeting on April 11, 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 James Erickson, Administrative Assistant Dartell Dalton, Public Works Director Arthur Schatzeder, Building Superintendent Tom Nudson, Secretary of the Planning Commission George Putnam, and Police Chief George Savord. MINUTES: It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to approve the minutes of the meeting of March 28, 1966, aa mailed. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to approve the minutes of the Adjourned meeting of March 29, 1966, as mailed. ORAL CO~UNICATIONS: Mr. Wayne Worley, 6412 Orange Avenue, Cypress, addressed the Council, objecting to the length of time involved in approval by the City's Engineering Department of his street improvement plans. COUNCILMAN GORZEMAN ARRIVED AT 3:05 P.M. AND TOOK HIS CHAIR ON THE PODIUM The City Manager stated that he woutd be glad to investigate this matter and prepare a report for the City Council. Following considerable discussion, it was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to place this item on the City Council agenda. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to direct the City Manager to prepare a complete report concerning the delay by the City's Engineering Department in approval of Mr. Worley's street improvement plans, for presentation at the next regular City Council meeting. 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: The Mayor declared a recess at 3:17 p.m. The meeting was called back to order at 3:20 p.m., all City Councilmen being present. AWARD OF CONTHACT FOR 1966 WEED ABATEMENT PROGRAM: A report dated April 7, 1966, was presented from the City Manager, summarizing the following bids received for the 1966 Weed Abatement Program: P. I. Hadden 300.North Eucalyptus Inglewoo~, California $10,845.00 E. & G. Engineers, Inc. P. O. Box 97 Midway City, California $ 9,837.50 April 11, 1966 14;d Following brief discussion concerning the bids received as compared to the bids for the 1965 weed abatement program, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to determine that the bid submitted by E & C Engineers, P. O. Box 97, Midway City, in the amount of $9,837.50, is the lowest and best bid, and further authorize the Mayor to sign and City Clerk to attest the Weed Abatement Program contract with E & G Engineers, Inc., as provided for in the Specifications Proposal and Contract for Weed and Rubbish Abatement dated March 1966. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCIIIIEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None AWARD OF CONTRACT FOR PURCHASE OF FIVE POLICE CARS: A report dated April 11, 1966, was presented from the City Manager, sunmuariziug the following bids received for the purchase of five police cars: NAME OF BIDDER TOTAL BID FOR FIVE VEHICLES TRADE-IN AELOWANCE TOTAL LESS TRADE-IN A1 Roberrs Plymouth 10080 Garden Grove Blvd. Garden Grove, California (Plymouth Vehicles) $12,053.60 $ 3,450.00 $ 8,603.60 McPeek Plymouth Center 1200 South Anaheim Blvd. Anaheim, California (Plymouth Vehicles) McCoy & Mills Ford 700 W. Commonwealth Ave. Fullerton, California (Ford Vehicles) 11,882.00 3,000.00 8,882.00 12,668.50 3,200.00 9,468.50 The report further outlined the desirability of installing 60-amp alterna- tors on the four units to be used as police vehicles and deleting the spot light and adding a radio to the vehicle to be used by the City Manager's Department. The total additional cost bid for these items by the low bidder was $205.00. In answer to a question from Councilman Gorzeman, the City Manager stated that the receipt of only three bids was not unusual. He also stated that approximately 25 sets of specifications had been mailed to various dealers and the amounts bid were under the amount budgeted for the purchase of police vehicles. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to accept the bid of A1 Roberrs, in the total amount of $8,808.60, as the lowest and best bid and further award the contract for the purchase of five police vehicles to A1 Roberts Plymouth, 10080 Garden Grove Blvd., Garden Grove, California. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None AWARD OF CONTRACT FOR IMPROVEMENT OF KNOTT STREET: A report dated April 11, 1966, was presented from the PubP~ Works Director, summarizing the following bids received for street improvements on Knott Street between Cerritos Avenue and the Pacific Electric Railroad Tracks: April 11, 1966 R. J. Noble Company P. O. Box 620 15505 Lincoln Avenue Orange, California 11,214.90 Griffith Company P. O. Box 395 Costa Mesa, California 11,677.00 Industrial Contracting Co. 10752 Chestnut Stanton, California 12,035.10 Sully-Miller P. O. BoX 7432 Orange, California 12,534.50 Copp Paving Company 11710 East lleth Street Artesia, California 12,992.60 E. L. White P. O. Box 712 Garden Grove, California 13,608.56 It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to accept the bid of the R. J. Noble Company in the amount of $11,214.90 as the lowest and best bid, and authorize the Nayor to sign and City Clerk to attest the Contract for the improvement of Knott Street with the R. J. Noble Company, 15505 Lincoln Avenue, Orange, California. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILNEN: None COUNCILMEN: None CONTINUATION OF ITEMS SCHEDULED FOR 7:30 P.M. PORTION OF MEETING: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to proceed to Item No. 6 on the agenda, since Items No. 4 and 5 were public hearings scheduled for 7:30 p.m. CONMUNICATION FROM ST. IRENAEUS CATHOLIC CHURCH REQUESTING WAIVER OF FEE 143 FOR CONDITIONAL USE PERI~IT: The City Manager presented a co~nunication dated March 21, 1966, from Rev. Peter C. Caslin, requesting a waiver of the application fee for the Conditional Use Permit required for the annual parish bazaar scheduled for June 10-12, 1966, A motion was made and seconded to grant this request; however, the City Attorney stated that there is no provision in the Zoning Ordinance for the waiver of ~es for Conditional Use Permits, and the motion would not be proper. Upon the request of the City Attorney, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to table consideration of this matter for 20 minutes in order to allow the City Attorney to research this matter. CONHUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL liE: TRANSFER OF LICENSE AT THE CYPRESS INN: The City Manager presented a communication from the Department of Alcoholic Beverage Control, advising the City of a transfer of the on-sale beer license at the Cypress Inn, 5731 Lincoln Avenue, Cypress, to Esther E. Coplin and Robert J. Dickerson, It was moved by Coundlman Gorzeman, seconded by Councilman Kanel, and unanimously carried, this co~nunication be received and filed. COMMUNICATIONS FROM CITIES OF HUNTINGTON BEACH AND FOUNTAIN VALLEY RE: OPPOSITION TO RURAL TYPE HAlLBOXES: The City Manager presented comunications from the City Councils of the Cities of Huntington Beach and Fountain Valley, transmitting Resolutions protesting the requirement by the Postmaster General of rural type mailboxes for curb delivery in all new subdivisions, and requesting the Cypress City Council to take similar action. April 11, 1966 Following a review of the various objections to the rural type mailboxes, it was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to adopt the following Resolution, title as follows: RESOLUTION NO. 682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROTESTING THE REQUIREMENT BY THE POSTF~STER GENERAL OF RURAL-TYPE MAILBOXES FOR CURB DELIVERY IN ALL NEW 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 COMMUNICATION FROM SOUTHERN CALIFORNIA EDISON COMPANY RE: FRANCHISE STATEMENT FOR YEAR ENDING DECEMBER 31w 1965: The City Manager presented a communication dated March 30, 1966, from the District Representative of the Southern California Edison Company, transmitting the annual Franchise Statement and payment to the City of Cypress for the year ending December 31, 1965. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, this communication be received and filed. COMMUNICATION FROM LOS ANGELES COUNTY BOARD OF SUPERVISORS RE: "FIVE COUNTY REGIONAL PLANNING AND DEVELOPMENT ASSOCIATION": The City Manager presented a communication dated April 1, 1966, from the Los Angeles County Board of Supervisors, transmitting a copy of a plan to be known as the "Five County Regional Planning and Development Association". The City Manager explained that this plan is similar to the proposal of the City of Los Angeles considered at the City Council meeting of March 14, 1966, and appears to be a method of circumventing the Southern California Association of Governments, of which the City of Cypress is currently a member. The City Manager also presented a communication dated April 8, 1966, from Councilman Louis R. Nowell of the City of Los Angeles, concerning the cooperation between the City and County of Los Angeles in the formation of a voluntary cooperative organization. Following discussion, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to reaffirm the City Council's statement in support of the Southern California Association of Governments and direct the City Manager to indicate this support to the Los Angeles County Board of Supervisors, PROPOSED BY-LAWS FOR ORANGE COUNTY LEAGUE OF CITIES: A report dated April 7, 1966, was presented from the City Manager, transmitting dhanges to the by-laws of the Orange County League of Cities. Councilman Kanel, who is the City's delegate to the Executive Board of the Orange County League of Cities, reviewed the reasons for the changes in the by-laws and stated he felt the changes were desirable. Following brief discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to approve the recommended changes in the by-laws of the Orange County League of Cities, and direct the City's representative to the League Executive Committee to support the proposed changes. APPROVAL OF AGRREMKNT WITH COUNTY OF ORANGE FOR ARTERIAL HIGHWAY FINANCING FUNDS FOR WIDENING OF VlI.LEY VIEW STREET: A report dated April 7, 1966, was presented from the City Manager, stating that the Orange County Arterial Highway Financing Connnittee had approved participation with the City for the improvement of Valley View from Cerritos to the Garden Grove City limits for a total estimated cost of $123,100 to be equally shared by the City and Orange County. The project administration agreement prepared by the County has been reviewed by the Public Works Director and is in accordance with the proposal submitted by the City. Apri 1 11, 1966 145 Discussion was held concerning the Arterial Highway Financing Program sponsored by Orange County and the method used by the County in approval of the various requested projects. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve the AHFP Agreement between the City of Cypress and Orange County for the improvement of Valley View Street from Cerritos to the Garden Grove City limits and authorize the Mayor to sign and City Clerk to attest the subject Agreement. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None CONTINUATION OF CONSIDERATION .9F REQUEST FROM ST. IRENAEUS CHURCH FOR WAIVER OF FEE FOR CONDITIONAL USE PERMIT: With reference to the communication from the St. Irenaeus Church requesting the waiver of the fee for a Conditional Use Permit for conducting a bazaar, the City Attorney stated that there is no provision in the City's Zoning Ordinance for the waiver of fees for either Conditional Use Permits or Variances. He suggested the possibility of adopting an emergency Ordinance to provide for exemptions from the payment of fees for such permits and variances for charitable organizations. Further discussion was held concerning the requirement of a Conditional Use Permit for the use requested by the St. Irenaeus Church. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, the following Emergency Ordinance be read by title only, title as follows: ORDINANCE NO. 307 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, SECTION 124.3, TO PROVIDE FOR EXEMPTION FROM THE REQUIREMENT OF THE PAYMENT OF CONDITIONAL USE PERMIT FILING AND APPEAL FEES FOR CHARITABLE, RELIGIOUS, AND ELEEMOSYNARY ORGANIZATIONS The City Attorney stated that this Ordinance would be valid for a period of six months, and that further steps should be taken to conduct a Public Hearing to consider permanently amending the Zoning Ordinance concerning exemptions from filing fees for charitable organizations. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to adopt this Emergency Ordinance. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCaruey, Wright, and Noe COUNCILMEN: None COUNCILMEN: None The City Attorney advised that ~th the adoption of this emergency ordinance, no further action would be necessary concerning the request of the St. Irenaeus Church since the waiver of the fee would be automatic. BUDGET TRANSFERS: A report dated April 7, 1966, was presented from the City Manager, outlining two transfers required in the 1965~66 budget. The City Manager further recommended an additional $500.00 be appropriated to purchase fly spray for use by the Orange County Health Department in the City of Cypress. It was moved by Coundlman Wright, seconded by Councilman McCarney, and unanimously carried, to authorize the transfer of $250.00 to the Legis- lature Publications and Dues account from the Crossing Guard Salaries Account, the transfer. of $5,000 from the Reserve for Capital Improvements to the City Attorney Contractual Services account, and the transfer of $500.00 from the Reserve for Capital Improvements to b~ appropriated for the purchase of additional fly spray. April 11, 1966 14f; The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None AGREEMENT WITH ANDOVER LAND COMEANY FOR PARK OPTION~ AS REQUIRED BY CONDITIONAL USE PERMIT NO. C-193: COUNCILMAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUN SINCE HE OWNS PROPERTY ADJACENT TO THAT REFERRED TO IN THE SUBJECT AGREEMENT Upon the recommendation of the City Manager, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to continue consideration of this matter until the evening portion of the City Council mee~ng. COUNCILMAN GORZEMAN RETURNED TO HIS CHAIR ON THE PODIUM COMMUNICATION LINE EASEMENT TRADE--STANDARD OIL COMPANY AND CITY OF CYPRESS: A report dated April 7, 1966, was presented from the City Manager, stating that in order for the City to proceed with the street improvement project on the west side of Knott adjacent to Tract No. 4421, the City must provide for the relocation of the Standard Oil Company communication pole line which now exists in a private easement in the area of the proposed street improvement. Standard Oil Company has agreed to the relocation of the pole line, however, has requested that a similar easement be provided in the parkway in which the lines are to be relocated. The City Attorney suggested that a Resolution be adopted, authorizing this exchange of easements and authorizing the Mayor and City Clerk to sign the necessary documents to effect this exchange. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to adopt the following Resolution, title as follows: RESOLUTION NO. 684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE EXCHANGE OF POWER LINE EASEMENTS. 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 POLICE OFFICER: A report dated April 6, 1966, was presented from the City Manager, setting for[h the results of the examination conducted for the position of Police Officer. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to certify the employment list for Police Officer as submitted. CERTIFICATION OF EMPLOYMENT LIST FOR POLICE DISPATCHER: A report dated April 7, 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 Kanel, seconded by Councilman Gorzeman, and unanimously carried, to certify the employment list for Police Dispatcher as submitted. APPROVAL OF PAYROLL WARRANT LIST FOR PERIOD ENDING APRIL 3, 1966i WARRANTS NO. 13850 THROUGH 13904: It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to approve the Payroll Warrant List for the Period Ending April 3, 1966, Warrants No. 13850 through 13904, in the total amount of $14,162.14. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None April 11, 1966 147 APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO. 13905 THROUGH 13964: Following brief discussion concerning the warrants for gasoline and automotive service, it was moved by Councilman KanelI seconded by Councilman McCarney, and unanimously carried, to approve Co~anercial Warrants No. 13905 through 13964 in the total amount of $25,473.24. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None SECOND READING ORDINANCE AMENDING CITY CODE RE: SALE AND DISPLAY OF FIREWORKS: It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 11, ARTICLE 2 "FIREWORKS" OF THE CODE OF THE CITY OF CYPRESS It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, this Ordinance be adopted. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None RECESS: The Mayor declared a recess at 4:20 p.m. The meeting was called back to order at 4:25 p.m., all City Councilmen being present. RECORDATION OF CITY MALL LEASE: The City Manager requested permission to discuss the recordation of the City Hall lease approved at the last City Council meeting. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to grant this request. The City Manager reported that although he ls authorized by Resolution to accept and record interest in real property, he would prefer the City Council to formally accept the interest in real property conveyed by the Cypress Civic Center Corporation City Hall Lease and authorize the recordation thereof. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 683 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING INTEREST IN REAL PROPERTY AND CONSENTING TO AND AUTHORIZING 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 CONSIDERATION OF REVISED FLOOR PLAN IN POLICE DEPARTMENT FACILITIES: The City Manager requested permission to discuss a revised floor plan in the new Civic Center Police Department facilities. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to consider this matter at this time. April 11, 1966 The City Manager stated that Police Chief Savord had reviewed the proposed floor plan of the Police Facilities in the new Civic Center and has recommended various changes for more efficient operation of the Department. In reviewing the recommended changes with the Architect, it has been estimated that the only costs involved in the changes would be those of the Architect and consultants. Mr. Azar, the Civic Center Contractor, has indicated there would be no additional costs for construction. Chief Savord reviewed the various changes he felt were necessary for the efficient operation of the Police Department. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to approve the requested change in the ElOor plan of the Police Department, at a cost not to exceed $3,500. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None In answer to a question from Councilman McCarney, the City Manager stated that this change would also have to be considered by the Cypress Civic Center Corporation. PROCLAMATION OF PUBLIC SCHOOLS WEEK: The City Manager requested permission to present a communication concerning Public Schools Week. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to grant this request. The City Manager presented a communication from the Buena Park Masonic Lodge No. 357, requesting the Mayor to proclaim April 25-29 as Public Schools Week in the City of Cypress. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to grant this request, whereupon Mayor Noe proclaimed April 25-29, 1966, as Public Schools Week in the City of Cypress. PROCLAMATION OF MENTAL HEALTH WEEK: The City Manager requested permission to present a communication concerning proclamation of Mental Health Week. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to grant this request. The City Manager presented a communication dated April 8, 1966, from the Orange County Association for Mental Health, requesting the Mayor to proclaim May 1-7, 1966, as Mental Health Week in the City of Cypress. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to grant this request, whereupon Mayor Noe proclaimed May 1-7, 1966, as Mental Health Week in the City of Cypress. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF LICENSE AT THE SQUIRREL CAGE: The City Manager requested permission to present a communication from the Department of Alcoholic Beverage Control regarding the transfer of License at the Squirrel Cage. It was moved by Councilman Kanel, seconded by Councilman Corzeman, and unanimously carried, to grant this request. The City Manager presented a communication from the Department of Alcoholic Beverage Control, notifying the City of a transfer of the on-sale beer license at the Squirrel Cage, 4132 Lincoln Avenue, Cypress, to Arlene M. and PaUl E. Antonucci. The Police Department has investigated the applicants and finds no reason to protest. It was moved by Counc~man McCarney, seconded by Councilman Wright, and unanimously carried, to receive and file this communication. REVIEW OF TRAFFIC PROBLEMS ADJACENT TO CYPRESS JUNIOR COLLEGE: The City Manager requested permission to discuss problems which have been encountered concerning traffic control adjacent to the proposed Cypress Junior College. It was moved by Councilman Kanel, seconded by Councilman Corzeman, and unanimously carried, to place this matter on the agenda for consideration at the evening portion of the meeting. April 11, 1966 RECESS: It was moved by Councilman Kanel, seconded by Councilman HcCarney, and unanimously carried, to declare a recess at the hour of 5:00 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, HcCarney, 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, Police Chief George Savord, 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. session of the meeting. PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-193 (R.M. GALLOWAY): COUNCILMAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUM SINCE HE OWNS A PORTION OF THE SUBJECT PROPERTY The Mayor announced this was the time and place for the Public Hearing to consider an application for Conditional Use Permit to allow the construc- tion of a Planned Development type single family subdivision on property zoned P-D (Planned Development), generally located at the northeast corner of Walker Street and Ball Road, requested by R. M. Galloway, 504 North Newport Blvd., Newport Beach, California, for Edwin F. & Bernice M. Brown, 1134 West Greendale Street, West Covina, and Peter D. & Barbara A. Gorzeman, 9922 Walker Street, Cypress (Owners of the property involved), known as Conditional Use Permit No. C-193. 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 mailing and publication of the Notices of Public Hearing were on file in the Office of the City Clerk and that no communications had been received concerning the matter. The Secretary of the Planning Commission presented Planning Commission Resolution No. 319, recommending approval of Conditional Use Permit No. C-193, and explained the condition recommended concerning the dedication of land for park purposes. There being no written communications and no oral protests, the Mayor declared the l~blic Hearing closed. At the request of the City Council, the City Manager reviewed the park plans for the area adjacent to the subject Conditional Use Permit. Mr. Chuck Bryant, Director of the Cypress Park and Recreation District, addressed the Council, outlining the steps which would have been taken in applying for a Federal Grant for the purchase of park lands. Following further discussion, it was moved by Councilman McCarney, seconded by Counclman Wright, and unanimously carried, to approve Condition~ Use Permit No. C-193 subject to the following conditions: 1. The conditions of Tentative Tract 6194 shall apply. Applicant shall dedicate and give an option to the City, in one of the following manners, at the election of the City: A. Dedicate 1.2 net acres of land for park purposes and give an~ option to the City to purchase an additional 5 acres of land adjoining such 1.2 acres on terms and conditions satisfactory to the City; or April 11, 1966 B. Dedicate 1.4 net acres of land for park purposes and give and option to the City ~ purchase an additional 2.9 acres of land adjoining such 1.4 acres on terms and conditions satisfactory to the City; or C. Dedicate 1.6 net acres of land for park purposes and give an option to the City to purchase an addition .83 acres of land adjoining such 1.6 acres on terms and conditions satisfactory to the City. e Plot plans and elevations of typical dwellin~ shall be approved by the staff prior to issuance of building permits. The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: Gorzeman COUNCILMAN GORZEMAN RETURNED TO HIS CHAIR ON THE~DIUM PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 90, SECTION 112.2 (CYPRESS PLANNING COMMISSION}: The Mayor announced this was the time and place for the Public Hearing to consider a proposed amendment initiated by the Cypress Planning Commission to the Zoning Ordinance No. 90, Section 112.2, PERMITTED BUILDINGS AND USES:, Subsection Ff, which presently reads as follows: "Ff. Restaurants - including drive-ins and walk-ups~ (No entertain- ment or dancinM. Where alcoholic beverages are sold for consump- tion on the premises, all such beverages must be consumed within the building in which they are to be sold.): Proposed Amendment to Subsection Ff. to read as follows: "Ff. Restaurants - including drive-ins and walk-ups. (Where alcoholic beverages are sold for consumption on the premises, all such beverages must be consumed within the building in which they are sold.)" The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or ~ainst the proposed amendment. The City Manager stated that the affidavits of publication of the Notice of Public Hearing were on file in the Office of the City Clerk and that no communications had been received concerning the amendment. The Secretary of the Planning Commission presented Planning Cozmnission Resolution No. 318, recommending approval of the deletion of ~e words "No entertainment or dancing" in Subsection Ff. of Section 112.2 of Ordinance No. 90, since adequate control over entertainment and dancing has been provided by the City's Special Permit Ordinance. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO. 90, SECTION 112.2 "PERMITTED BUILDINGS AND USES", BY DELETING THE WORDS "(NO ENTERTAINMENT OR DANCING...)" IN SUBSECTION Ff., RESTAURANTS April 11, 1966 It was moved by Councilman Kanel, seconded by Councilman Gorzeman, 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 AGREEMENT WITH ANDOVER LAND COMPANY FOR PARK OPTION~ AS REQUIRED BY CONDITIONAL USE PERMIT NO. C-193: COUNCILMAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUM SINCE HE OWNS PROPERTY ADJACENT TO THAT REFERRED TO IN THE SUBJECT AGREEMENT. City Attorney James Erickson presented a proposed Agreement as required by Conditional Use Permit No. C-193, between the City of Cypress and the Andover Land Company for the exercise of an option to purchase land for a park site adjacent to Tract No. 6194. The Agreement provides three alternate options which can be exercised by the City in acquiring park property in addition to that which is to be dedicated to the City by the developer in accordance with the requirement established under Conditional Use Permit No. C-193. The three options are to acquire 5 acres, 2.9 acres, or .83 acres at the purchase price of $34,500 per acre. Following a review of the Option Agreement, considerable discussion was held concerning Option No. 2, with specific reference to the inclusion of the street rights-of-way as a part of the dedicated property and the responsibility for improvements to Graham and "D" Street. The City Attorney suggested the possibility of re-opening the Public Hearing concerning Conditionl Use Permit No. C-193, in order to clarify the conditions of approval concerning these matters. It was moved by Councilman McCarney, seconded by Councilman Kanel, and carried, to re-open the Public Hearing concerning Conditional Use Permit No. C-193. Following discussion, it was moved by CouncRman McCarney, seconded by Councilman Kanel, and unanimously carried, to clarify the conditions of Conditional Use Permit NQ. C-193, to add Condition No. 4 as follows: "4. Regardless of the option selected by the City, the Subdivider will be required to improve all of Graham Street, and in the event Option No. 2 is selected by the City, the Subdivider will be responsible for the installation of the paving, curbs, and gutters, but not the sidewalks, on the north side of "D" Street." There being no further discussion concerning Conditional Use Permit No. C-193, the Mayor declared the Public Hearing closed. Discussion ensued concerning whether the east half of Graham Street should be included in the area proposed to be dedicated. Councilman Kanel stated he felt the Agreement should be changed to delete the east one-half of Graham Street from the land to be dedicated. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to approve the Option Agreement as outlined, and authorize the execution thereof and recordation on behalf of the City with the modification that the areas to be acquired by the City will not include the purchase of street rights-of-way. The~llowing roll call vote was taken: AYES: 4 NOES: 0 ABSENT: l COUNCILMEN: Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: Gorzemau Mrs. Bernice Brown, 1134 West Greendale, West Covina, owner of a portion of the property in question, addressed the Council, stating she felt the action Just taken was unfair. April 11, 1966 Mr. Peter Miller, of Andover Land Company, addressed the Council concerning the modification to the Option Agreement, stating that he felt it was contrary to all previous discussions he had held with the staff on the proposed development. Following further discussion, it was moved by Coun~lman Wright, seconded by Councilman McCarney, and unanimously carried, to reconsider the previous action in which the Option Agreement was approved as modified. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to continue consideration of the Option Agreement with Andover Land Company until the adjourned meeting to be held on April 19, 1966. COUNCILMAN GORZEMAN RETURNED TO HIS CHAIR ON THE PODIUM REVIEW OF TRAFFIC PROBLE~BADJACENT TO CYPRESS JUNIOR COLLEGE: As authorized at the afternoon session of the City Council meeting, the City Manager requested the Public Works Director to review the traffic problems which have been encountered in the planning stages of the Cypress Junior College. Public Works Director Arthur Schatzeder displayed a map of the traffic patterns surrounding the proposed Cypress Jur~or College and outlined in detail the recommendations made to the Junior College Architect in a latter dated March 22, 1966, which included recommendations regarding the extra street width on the west side of Holder and the north side of Orange; the need for traffic signals at Holder and Via Arroyo Drive, at the Valley View entrance; at Orange and Holder, and the possible future signal at the Orange Avenue entrance, the need to provide a free right-turn movement at the northwest corner of Orange and Holder; and the desirability of relocating the Orange Avenue entrance further to the east in order to avoid conflict with the railreed crossing on Orange Avenue and to provide additional storage for left-turn movements into the college. Further recommendations included the radii for entrances and suggestions as to t he widths of the interior streets. The City Manager advised the Council that these suggestions had been reviewed with a Committee appointed by the Junior College Board of Trustees and recommended that the City Council go on record in support of the recommendations as outlined in the Public Works Director's communica- tion of March 22, 1966. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to go on record in support of the recommendations as outlined in the Public Works Director's communication of March 22, 1966, and to instruct the Public Works Director to advise the Junior College District Board of Trustees of this action. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Fanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None ORAL COMMUNICATIONS: Mr. Donald Weltz, 10412 Aurelia, Cypress, addressed the Council, reading in full a petition dated April 11, 1966, signed by numerous residents, requesting that additional laws be enacted to control the breeding of flies. The City Manager advised the City Council of the studies that were under way for the possibility of purchasing additional equipment to aid in the fly spraying program and further outlined the actions taken by the Health Department in both the spraying and abatement procedures. The City Attorney reviewed the existing Fly Ordinance and the problems that have been encountered in the enforcement of this Ordinance. April i1, 1966 153 The following individuals addressed the Council regarding the fly control problem in the City: Mr. and Mrs. George Aiken, 5501Cerritos; Mr. and Mrs. John Dakis, 5622 Elinora Lane; Mr. Donald Weltz, 10412 Aurelia; Mr. L. J. McBride, Cypress Chamber of Co~anerce; Mr. Charles Bryant, 6809 Via Arroyo, Buena Park; Mrs. Drexel Berry, 10212 Lorraine Lane; Mr. Dennis Yosick, 6133 Fred Drive; Mr. Denny Dowell, 5502 Cathy Circle; Mrs. Barbara Robert,on, 5212 Marcella Avenue, Mr. Ray Guzman, 10382 Aurelia. The City Manager and City Attorney summarized the enforcement problems with the existing Fly Control Ordinance and indicated that anew ordinance was in the process of being prepared by the City Attorney's office, which would shorten the length of time required to abate fly breeding misances. Councilman Kanel suggested the possibility of communicating with Supervisor Phillips, emphasizing the need for cooperation on the part of the Orange County Health Department in the fly control problem. Councilman Wright stated he felt the Health Department had a problem in maintaining an adequate staff due to the ~ype of work involved in fly control, and further outlined the methods he has used in controlling the breeding of flies on his chicken ranch. Discussion was held regarding the usefulness of a homeowners committee to discuss the fly problem with members of the Health Department and Supervisor Phillips. Following further discussion, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to place this matter on the agenda at this time. It was moved by Councilman Oorzeman and seconded by Councilman Kanel to instruct the City Manager, Councilman Kanel and Councilman McCarney to contact the owner of the feed yard on the south side of Cerritos in an attempt to abate the fly nuisance at this location. Prior to voting on this motion, it was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to amend Councilman Gorzeman's previous motion to include an instruction to the City Manager to communicate with Supervisor Phillips, ad, ising him that the City Council has considered at some length the fly control problem in the City and would request additional cooperation on the part of the Orange County Health Department. Mayor Noe then called for a vote on Councilman Gorzeman's previous motion, and said motion was unanimously carried. City Attorney James Erickson stated that,at the next regular City Council meeting he would report concerning all possible legal remedies in the fly control problem, and at that time he would also have a draft of a new fly control ordinance for consideration by the City Council. Further discussion was held concerning the formation of a Committee to study the fly control problem. The City Manager indicated he would prefer t o give further consideration to this matter so that a recommendation could be made concerning the desired size and responsibilities of such a committee. He also suggested that the City Council review the new fly control ordinance prior to establishing such a committee. In answer to a question fro~ Mrs. George Aiken, the City Manager explained that the City is considering the purchase of equipment which could be used to spray homes for flies. No further action was taken on this matter at this time. Mrs. Barbara Robertson, 5212 Marcella Avenue, Cypress, addressed the Council, requesting a clarification concerning campaign material sent out by the Committee to elect Mr. Kennedy and Mr. Duffy to the City Council, with particular reference to Mr. Kennedy's role in development of the Community Sports Center. Mrs. Robertson inquired if Mr. Kennedy is working for the City in the development of this park, and also asked if money from the Federal Little League was used in the park development. April 11, 1966 Mr. Charles Bryant, Director of the Cypress Park and Recreation District, addressed the Council, stating that Mr. Kennedy had been appointed by the Federal Little League as the Project Overseer at a time when the Federal Little League was intending to develop the Community Sports Center. However, the development of the park, as it now stands, is not for any special interest group, but is developed as a community sports center for use by all citizens. In answer to a further question from Mrs. Robertson, the City Manager stated that the City has authorized $21,000 for purchase of various equipment for the park. He also explained that the City has entered into an agreement with the County concerning development of the park. In answer to a question from Councilman Gorzeman, Mr. Bryant stated that the appointment of Mr. Kennedy as Project Overseer was an appointment by the Federal Little League, not the Park District. With reference to the Conaunity Sports Center, Councilman Kanel inquired about the possibility of the City purchasing portable bleachers to be placed on the asphalt pads at the Sports Center. He suggested that such bleachers could also be used for parades and other functions. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to place this matter on the agenda at this time. Mr. Charles Bryant, Director of the Cypress Park and Recreation District, addressed the Council outlining the costs of purchasing five sets of bleachers, which would seat a total of approximately 250 persons. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to authorize an expenditure of $1,000 for the purchase of five sets of portable bleachers to be located at the Community Sports Center. The following roll call vote was mken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: None ADJOURNMENT: There being no further business to come before the City Council, ~t was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, ~ adjourn this meeting at 10:40 p.m. until April 19, 1966, at 7:30 p.m. MAYOR OF THE CItY{OF CYPRESS ATTEST: OF CYPRESS April 11, 1966