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Minutes 66-04-19MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD April 19, 1966 The City Council of the City of Cypress held an adjourned regular meeting on Tuesday, April 19, 1966, at 7:30 p.m. in the City Council Chambers, 5311 Orange Avenue, Cypress, California, all notices having been posted as required by law, Mayor Frank P. Noe presiding. PRESENT: Councilmen Kanel, McCarney, Wright, and Noe ABSENT: Councilman Gorzeman Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Administrative Assistant Dartell Dalton, Director of Public Works Arthur Schatzeder, Secretary of the Planning Conmission George Putnam, and Police Chief George Savord. ORAL COMMUNICATIONS: No oral conmunications were presented at this time. AGREEMENT BETWEEN ~/qDOVER LAND COMPANY AND CITY OF CYPRESS FOR PARK OPTION: A report dated April 18, 1966, was presented from the City Manager, sunmarizing the terms of the proposed Park Option Agreement between the City and the Andover Land Company, said Agreement having been continued from the regular City Council meeting of April 11, 1966. The Agreement, which was a requirement of Conditional Use Permit No. C-193, provides the City with three alternate options for acquiring park property in addi- tion to that which is to be dedicated to the City by the developer, adjacent to Tract No. 6194. The City Manager outlined a further proposal which had been suggested by the developer, whereby the Andover Land Company would dedicate a total of 2 acres for park purposes by altering Tentative Tract Map No.6194 to provide additional lots facing Graham Street. In addition, all street dedications and improvements would be required of the developer. Under this proposal, however, the City would no longer have the option to acquire additional park land. COUNCILMAN GORZEMAN ARRIVED AT THE MEETING AT 7:35 P.M., HOWEVER REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUM SINCE ME OWNg PROPERTY ADJACENT TO THAT REFERRED TO IN THE SUBJECT AGREEMENT Following a brief discussion concerning the merits of the new proposal concerning the dedication of 2 acres by the Andover Land Company, it was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to approve the proposal whereby Andover Land Company will dedicate a total of 2 acres for park purposes and will provide all street dedica- tions and improvements. The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: Gorzeman The City Manager stated that with this action, the proposed Option Agreement would no longer~ required; however, he advised the Andover Land Company that it would be necessary to obtain a modification to the Conditional Use Permit to remove the requirement concerning the Option Agreement. In response to a question from Mr. Peter Miller, of Andover Land Company, the City Attorney advised that both the Tentative map and the Conditional Use Permit must be amended to agree with the dedication of two acres being accepted by the City Council. April 19~ 1966 It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to reconsider the action taken by the City Council concerning Tentative Tract Rap No. 6194. The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe COUNCILMEN: None COUNCILMEN: Gorzeman It was moved by Councilman Wrlght, seconded by Councilman McCarney, and unanimously carried, to amend Condition No. 16 of Tentative Tract Map No. 6194, previously approved at the City Council meeting of March 28, 1966, to read as follows: "16. The applicant shall dedicate two (2) net acres of land for park purposes to the City." 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 PODIUM CANVASS OF GENERAL MUNICIPAL ELECTION RETURNS BY CITY COUNCIL: The Mayor announced this was the time and place for the City Council to canvass the results of the General Municipal Election held on April 12, 1966. The City Clerk presented the City Council with the Tally Sheets and the Results of Votes Cast, as prepared by each of the eight Election Precinct Boards and the Absentee Ballot Canvass Board for the election, with Councilman Kanel and McCarney reviewing the Tally Sheets and Councilman Gorzeman and Mayor Noe reviewing the Results of Votes Cast. During the canvass of the returns from PreCinct No. 7, it was noted that there was a discrepency in the number of votes indicated on one of the tally sheets for candidate John Kennedy· Following discussion among the Councilmen concerning this matter, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and ~manlmously carried, to determine that Mr. John Kennedy received 35 votes in Precinct No. 7. No other descrepancies were noted by the City Council in the canvass of the election returns. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF CYPRESS ON THE 12TH DAY OF APRIL, 1966, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW 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 accordance with Section 6 of the above Resolution No. 685, the following is a statement of the results of said election: 1. The whole number of votes cast in the City was 1,980. The names of the persons voted for at said election for the position of Member of the City Council of the City of Cypress are as follows: April 19, 1966 Peter D. Gorzeman Frank P, Noe Hark L, ~right Paul Angers Leo Baroldi Richard Bo~en Fred Duffy, St. Augustine Garcia Richard Gilmore Robert Harvey The number of votes given at each votes given in the City ~ each of for the position of Member of the John Kennedy, Jr. John Leneker Dolphus Shaddock Jeauette Shapiro Leo Sherry Robert Shestek Frank Visca Thomas Fitzgerald Robert Lopez precinct and the number of such persons above named City-Council are as follows: NAME PRECINCTS 1 2 3 4 5 6 7 8 TOTAL Abs. CAST IN CITY Peter D. Gorzeman 100 84 58 63 61 12 18 22 2 420 Frank P~ Noe 133 109 71 81 59 30 24 31 2 540 Mark L. Wright 45 60 30 42 29 16 12 13 2 249 Paul Angers 1 2 3 5 4 2 4 2 23 Leo Baroldi 122 81 32 49 34 49 126 41 0 534 Richard Bowen 144 112 47 50 39 76 114 58 0 640 Fred Duffy, St. 53 82 67 33 46 45 32 57 1 416 Augustine Garcia 22 13 16 11 14 11 12 21 0 120 Richard Gilmore 2 11 I1 1 ! 1 5 2 0 34 Robert Harvey 137 97 36 61 32 51 105 51 0 570 John Kennedy, Jr. 65 81 85 40 57 45 35 66 1 475 John Leneker 94 6e 47 38 24 45 33 60 0 410 Dolphus Shaddock 13 11 32 6 27 10 6 14 I 120 Jeanette Shapiro 29 32 40 18 32 24 8 27 1 211 Leo Sherry 17 7 14 9 10 8 5 10 0 80 Robert Shestek 64 62 36 117 21 26 26 14 1 367 Frank Visca 110 51 76 63 73 43 30 26 2 474 Thomas Fitzgerald 1 1 2 Robert Lopez 2 2 Elected as Members of the City Council for a full term of four years were: Richard Bowen 640 votes Robert Harvey 570 votes Frank P. Noe 540 votes ERESENTATION OF CERTIFICATES OF ELECTION AND ADMINISTRATION OF OATHS OF OFFICE BY CITY CLERK: City Clerk Darrell Essex stated that each person elected to the position of Member of the City Council had filed his Declaration of Campaign Receipts and Expenses as required by law, and then presented Certificates of Election to Mr. Richard L. Bowen, Mr. Robert C. Harvey, and Mr. Frank P. Noe. The City Clerk then proceeded to administer the oath of office to the newly elected Councilmen. April 19, 1966 ~ayor Noe called the newly elected Councilmen to take their chairs on the podium and extended an opportunity for them to make any desired remarks. Councilman Robert Harvey expressed his appreciation to~ose who supported him in the recent election. Councilman Richard Bowen expressed his thanks for the cooperation of the people. Mayor Noe also expressed appreciation for his re-election to the City Council, and then turned the meeting over to the City Clerk. SELECTION OF MAYOR BY CITY COUNCIL: The City Clerk announced this was the time and place for nominations for the office of Mayor. Councilman McCarney made a motion that the Council vote by secret ballot; however, the City Attorney advised that this was not a proper motion since secret ballots would not be permitted. He axplained that the City Council has the choice of either conducting a closed executive session for the purpose of selecting a Mayor and Mayor Pro-Tam of of taking these actions in open session. It was moved by Councilman Kanel and seconded by Councilman Bowart to adjourn to executive session for the purpose of selecting a Mayor and Mayor Pro-Tam. The motion failed to carry by the following roll call vote: AYES: 2 NOES: 3 ABSENT: 0 COUNCILMEN: Bowen and Kanel COUNCILMEN: Harvey, McCarney, and Noe COUNCILMEN: None Councilman McCarney nominated Councilman Frank P. Noe to the position of Mayor. Councilman Bowen nominated Councilman Robert Harvey to the position of Mayor. Further discussion was held concerning the casting of votes for the position of Mayor. In answer to a question from the City Clerk, the City Attorney indicated that the Council could adjourn to executive session for the purpose of casting votes for the selection of the Mayor. It was moved by Councilman Kanel and seconded by Councilman McCarney to adjourn to executive session for the purpose of casting ballots for the position of Mayor. The motion failed to carry by the following roll call vote: AYES: 2 NOES: 3 ABSENT: 0 COUNCILMEN: Kanel and McCarney COUNCILMEN: Bowen, Harvey, and Noe COUNCILMEN: None It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to close the nominations for the position of Mayor. The following vote was taken for the position of Mayor: For Councilman Frank P. Noe: For Councilman Robert Harvey: 3 COUNCILMEN: Kanel, McCarney, and Noe 2 COUNCILMEN: Bowen and Harvey The City Clerk turned the meeting over to Mayor Noe, who stated that he would serve in this capacity for a one-year period of time, and at that time he would like to have one of the other City Councilmen serve as Mayor. Mayor Noe then asked for nominations for the position of Mayor Pro-Tempore. Councilman Bowen nominated Councilman Robert Harvey for the pesition of Mayor Pro-Tempore. Councilman McCarney made a motion that nominations be closed and the City Council cast a unanimous ballot for the one nominated candidate, however, the motion died for lack of a second. April 19, 1966 It was moved by Councilman Kanel and seconded by Councilman Bowen that nominations for the position of Mayor Pro-Tempore be closed. Prior to voting on this motion, the City Attorney advised that the motion should include a statement that the Council cast a unanimous. vote for Councilman Harvey since only one nomination was made. The following roll call vote was taken: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEN: Bowen, Harvey, McCarney, and Noe COUNCILMEN: Kanel COUNCILMEN: None CITY COUNCIL APPOINTMENTS: A report dated April.18, 1966, was presented from the City Manager, outlining various organizations on which the City Council has representation. Councilman Harvey stated he wouId prefer to give additional study to this matter prior to taking any action. It was moved by Councilman McCarney, seconded by Councilmen Kanel, and unanimously carried, to continue consideration of this matter until the regular meeting of April 25, 1966. Mayor Noe stated that as the City's representative to the Southern California Association of Governments, he had been invited to participate in a tour of the State Water project at Oroville, and requested approval for him to accept this invitation as the City's representative to S.C.A.G. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to authorize Mayor Noe to attend the tour on behalf of the City. CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON CYPRESS PLANNING COMMISSION:' A report dated April 18, 1966, was presented from the City Manager, advising the Council that a vacancy now exists on the Cypress Planning ConnisSion due to the election of former Commissioner Robert Harvey to the City Council. He further stated that since writing this report, he had received a conmunication dated April 18, 1966, from Planning Commissioner Carl De Pietro, tendering his reiignation from the Planning Cor~nission due to serious health reasons. It was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, to accept the resignation of Carl De Pietro from the Cypress Planning Commission. The City Manager reviewed the past policy in seeking out interested and qualified applicants for the position of Planning Commissioner. Councilman Kanel suggested investigating the feasibility of changing the Planning Commission to a five-member body, and explained his reasons for desiring a smaller number of Planning Commissioners. Councilman Harvey indicated he was in favor of maintaining a seven- member Commission and suggested that the vacancies be advertised in the same manner as in the past. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, tOinstruct the City Manager to publicize the City Council's intention to seek applications for the vacant positions on the Planning Commission. CO~f0NICATION FROM KIWANIS CLUB OF CYPRESS RE: SPECIAL MEETING: The City Manager requested permissio~ to present a communication from the Kiwanis Club of Cypress, concerning a special meeting to be sponsored by the Kiwanis Club. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to grant this request. The City Manager presented a communication from the Kiwanis Club of Cypress, extending an invitation to the City Council to attend a meeting on Friday, April 22, 1966, at the John F. Kennedy High School Gymn, to hear Mr. Maurice Hall, foreign missionary from Saigon. April 19, 1966 Mayor Noe requested Mayor Pro-Tem Harvey to attend on his behalf, since he would be out of town. It was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, the meeting adjourn at 8:40 p.m. MAYOR OF THE ATTEST: CITY/CLk'I~'~F ~dE ~TY OF CYPRESS April 19, 1966 MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD January 10, 1966 The Cypress City Council held a regular meeting on January I0, 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, McCarney, Wright, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex; City Attorney James Ertckson; Administrative Assistant Darrell Dalton; and Secretary of the Planning Conunission George Putnam. MINUTES: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the minutes of December 27, 1965, be approved as mailed. ORAL COMMUNICATIONS: Mr. Robert Kay, 1665 South Brookburst, Anaheim, addressed the Council, requesting permission to speak concerning Item No. 14 at the time it is considred. Mayor Noe indicated that the Council could hear additional comments concerning the subject Ordinance imposing a fee for parks, however they should be limited to those not presented at the last City Council meeting. There were no further oral conununications at this time, and since Items No. 1 through 5 were public hearings scheduled for 7:30 p.m., the City Council proceeded to Item No. 6 on the agenda. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: CONSTRUCTION OF RAILROAD CROSSING PROTECTION DEVICES: The City Manager presented a communication dated December 20, 1965, from Mr. Richard Carpenter, Execu- tive Director and General Counsel of the League of California Cities, in answer to the City's request for further information on the City of Stanton Resolution regarding the contract procedures for construction and mainten- ance of railroad crossing protection devices. Mr. Carpenter indicated that any changes regarding the current procedure for the construction and maintenance of railroad crossing devices could be detrimental to cities and that adequate protection is now provided to insure that the construc- tion and maintenance costs for railroad crossing devices will not be exorbitant. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed, and no further action be taken in support of the City of Stanton Resolution previously received and filed. BUILDING BOARD OF APPEALS APPOINTMENTS: A report dated January 5, 1966, was presented from the City Manager, stating that three vacancies have occurred on the Building Board of Appeals, and recommending the appointment of the following individuals: Mr. Dennis Yosick, 6133 FredDrive, Cypress, associated with the U.S. Gypsum Company. Mr. Tom Justice, 9632 Salisbury Lane, Cypress, Electrical Contractor. Mr. Jim Hodges, 1709 South Brookhurst, Anahelm, Land Planner and Designer. Upon the recommendation of Mayor Noe, it was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to appoint Mr. Dennis Yosick, Mr. Tom Justice, and Mr. Jim Hodges to fill the existing vacancies on the Building Board of Appeals for the City of Cypress. January 10, 1966 DEPOSIT FOR CANDIDATES FILING STATEMENT OF qUALIFICATIONS: A report dated January 6, 1966, was presented from the City Manager, stating that the City's Election Supplier had recommended that the amount of $50.00 be established as the deposit required for Candidates wishing to file a Statement of Qualifications as a part of the sample ballots for the forth- coming municipal election. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to authorize the City Clerk to request a $50.00 deposit for those Council candidates wishing to file a Statement of Qualifications. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None AGREEMENT WITH METROPOLITAN WATER DISTRICT RE: DELAY OF BALL ROAD IMPROVE- MENT: A report dated January 6, 1966, was presented from the City Manager, summarizing a proposed Agreement between the City of Cypress and Metropo- litan Water District, providing for the City to delay the improvement of Ball Road from the existing improvement adjacent to Tract No. 5685 to Bloomfield until the Metropolitan Water District line has been completed in this area, and further providing for the City to receive from the Metropolitan Water District a sum of $15,227.50 in consideration for this delay and the fact that the pavement will not have to be replaced by M.W.D. The City Manager recommended approval of this Agreement with a correction on Page 3, Sections 8 (b) and (c), to reflect completion of these two items prior to construction of the proposed M.W.D. pipeline in Ball Road. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve the Agreement between the City of Cypress and Metropolitan Water District of Southern California and authorize the Mayor to sign and City Clerk to attest upon correction of the items listed above. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None AUTHORIZATION FOR COMMUNITY SERVICE PLAQUE AWARD--O.C. FOSTER: A report dated January 6, 1966, was presented from the City Manager, recommending that a community service plaque be awarded to O.C. Foster, who has recently resigned his position as Chief of Police. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to award a community service plaque to O.C. Foster at the City Council meeting of January 24, 1966. EMPLOYEES' HEALTH AND LIFE INSURANCE PROGRAM: A report dated January 6, 1966, was presented from the City Manager, outlining recommendations for revised health and life insurance programs for the City employees, provid- ing for major medical coverage and increased amounts of group life insurance. Also recommended was designation of the JoE. Hansrein Insur- ance Agency of Long Beach as the Broker of Record for the Health and Life Insurance policies. Following discussion concerning ~e desires of the City employees concern- ing these insurance programs, it was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried to approve the following: 1 The proposal submitted by the California Physicians' Service to provide a health insurance program with a basic benefit and a superimposed major medical plan, with the rates of $9.60 for a single employee, $13.97 for one dependent, and $17.47 for two or more dependents, to be effective on or b~fore February 1, 1966. 2. The proposal from the West Coast Life Insurance Company to pro- vide life insurance, including accidental death and dismemberment for City employees at the mte of $.45 per $1,000; that employees earning less than $5,000 shall be eligible for $2,000 of insurance, employees earning $5,000 to $7,999 shall be eligible for $5,000 of insurance, and employees earning $8,000 or more shall be eligible for $10,000 of insurance; and that the City shall contfibute a maximum of $.05 toward the ~mployee's total life insurance premium. January 10, 1966 3. Designation of the J. E. Hanstein Insurance Agency, 622 Pine Avenue, Long Beach 12, California, as the Broker of Record for the C.P.S. and West Coast Life Insurance Company policies. 4. Authorize the Mayor and City Clerk to sign any necessary documents. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ORDINANCE ESTABLISHING COUNCILMEN'S SALARIES: A report dated January 6, 1966, was presented from the City Manager, submitting a proposed Ordinance providing for salaries for City Councilmen as allowed by State Assembly Bill No. 734. The proposed Ordinance establishes the Councilmen's salary at $150 per month, which is the amount required under the provisions of the State enabling act for cities over 5,000 and up to 35,000 in population. Also presented were the results of a survey of Orange County cities con- cerning the passage of similar Ordinances. It was moved by Councilman Wright and seconded by Councilman Kanel to read by title only the Ordinance establishing salaries for Councilmen; however, prior to voting on this motion, further discussion was held. In answer to a question from Councilman McCarney, the City Attorney indicated that if the Ordinance is adopted, it will be mandatory for the Councilmen to accept the salary and also advised that the salaries Would not apply until after the next municipal election. Following further discussion concerning the amount of the salary, Councilman Wright's motion was unanimously carried, and the following Ordinance was read by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS PROVIDING FOR THE PAYMENT OF SALARIES TO MEMBERS OF THE CITY COUNCIL OF THE CITY OF CYPRESS It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None Councilman Wright suggested the possiblity of having a measure on the ballot for the April 1966 General Municipal Election to provide for an additional $50.00 amount to be received by the Councilman serving as Mayor. Following brief discussion concerning this matter, it was moved by Councilman Wright, seconded by Councilman Kanel, and carried, to direct the City Attorney to prepare the required Resobtion to place on the ballot the question of providing an additional $50.00 salary for the Mayor. The following roll call vote was taken: AYES: 3 COUNCILMEN: Kanel, McCarney, and Wright NOES: 1 COUNCILMEN: Gorzeman ABSENT: 0 COUNCILMEN: None ABSTAINED:I COUNCILMEN: Noe SECOND READING ORDINANCE APPROVING ZONE CHANGE NO. Z-114: A report dated January 6, 1966, was presented from the City Manager, stating that'the first reading of an Ordinance approving Zone Change NO. Z-114, requested by the Larwin Company for the northwest corner of Cerritos and Walker, was approved by the City Council on October 26, 1964, at which time the second reading was delayed until the traffic and landscaping problems on the subject property were resolved. January 10, 1966 The City Manager also presented a communication dated January 7, 1966, from Mr. Eugene Rose, representing the Larwin Fund, stating that Larwin agrees to submit landscaping and traffic control plans in a form accep- table to the City prior to the completion of construction of the service station planned for the property. The City Attorney advised that the conditions referred to in this com- munication would not ~e enforceable since a Zone Change cannot be condi- tioned, and further questioned the advisability of adopting the second reading of an Ordinance which had passed its first reading over a year ago. tie suggested the possi~lity of conducting another public hearing concerning this zone change to eliminate any possiblity of invalidity of the Ordinance. Mr. Lee Goldin, representing the Larwin Company, addressed the Council, stating that the Larwin Company was not concerned about the validity of the Ordinance, and requested that the second reading of the Ordinance be held at this time. It was moved by Councilman Wright and seconded by Councilman McCarney to read by title only the Ordinance appro,ing Zone Change No. Z-I14; however, prior to voting on this motion, further discussion was held. Mr. Goldin again addressed the Council, stating that although the zone change cannot be conditioned, this company would install the necessary walls surrounding the property. Counclman Wright's motion was unanimously carried, and the following Ordinance was read by title only: ORDINANCE NO. 298 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTA~PARCEL OF LAND WITHIN THE CITY FROM R-1 (ONE-FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL) ZONE CHANGE NO. Z-114 (CITY OF CYPRESS) It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to adopt the second reading of this Ordinance. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None Further discussion was held concerning the possibility of conducting another public hearing cnncerning the zoning of the subject area, after which it was decided that the staff and owner of the property should discuss this matter and recommend any further action. SECOND READING ORDINANCE RE: AMENDMENT TO SECTIONS 25-23 AND 25-24 OF THE CYPRESS CITY CODE REQUIRING PARK FEES FOR SUBDIVISIONS: The City Manager recommended that consideration of this Ordinance be continued until the evening portion of the City Council meeting. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to concur in this recommendation. RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 13131 THROUGH 13187 (PAYROLL): It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 660 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 13131 THROUGH 13187 The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None January 10, 1966 RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 13189 THROUGH 13258 (COMMERCIAL WARRANTS): It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 661 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 13189 THROUGH 13258 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel. McCarney, Wright, and Noe None None DRAINAGE PROBLEM AT LINCOLN AND WALKER: Brief discussion was held con- cerning the drainage problem for the service station to be constructed at the southeasE corner of Walker and Lincoln. The City Manager indica- ted that the Public Works Department is working on this matter. PROCLAMATION OF VOTER REGISTRATION MONTE: Councilman Kanel suggested the poss~ility of declaring February as "Register to Vote Month" in order to encourage citizens to become registered for the coming Municipal election. It was moved by Counc~man McCarney, seconded by Councilman Gorzeman, and unanimously carried, to place this item on the agenda at this time. It was moved by Councilman Kanel, seconded by Coundlman Wright, and unanimously carried, to proclaim the month of February as "Register to Vote Month" in the City of Cypress. RECESS: It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to recess at the hour of 4:17 p.m., until'the hour Of 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m., with the following in attendance: PRESENT: Councilmen Gorzeman, Kanel, McCarney, Wright, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Public Works Director Arthur Schatzeder; Building Superintendent Tom Nudson; Secretary of the Planning Commission George Putnam; and Police Lieutenant Robert Murray. The City Manager reviewed the actions taken by the City Council at the 3:00 ~.m. session of the meeting. He also introduced Lieutenant Robert Murray, who is currently Acting Police Chief following the resignation of Chief O. C. Foster, and Mr. Jim Hodges, appointed by the City Council at the earlier portion of the meeting to the City of Cypress Board of Building Appeals. PUBLIC HEARING lIE: ZONE CHANGE NO. Z-143 (JAMES HODGES): 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) to C-2 (General Commercial) on property generally located at the northwest corner of Ball Road and Valley View Street, comprising approximately 4.18 acres, requested by James Hodges, 1709 South Brookhurst, Anaheim, California, ~nown as Zone Change No. Z-143. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed use. January 10, 1966 The City Manager stated that the affidavits of publication and mailing of the Notices of the Public Hearing were on file in the Office of the City Clerk. He also stated that no communications had been received in favor of or opposed to the use. The Secretary of the Planning Commission reviewed the proposed Zone Change and stated that the Planning Commission had recommended approval. Mr. James Hodges, applicant, addressed the Council, offering to answer any questions concer~ing the matter. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 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-I (ONE-FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL), ZONE CHANGE NO. Z-143 In answer to a question from Counc~man Gorzeman, the City Attorney advised that he would not have to refrain from voting on this matter since he attends the church located on the subject property. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to adopt the first reading of this Ordinance. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: ZONE CHANGE NO. Z-146 (GEORGE CRUMMETT}: The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance No. 90, to change the zone from R-3 to R-1 on property generally located at 5612 Karen Avenue, requested by George Crummett, 5612 Karen Avenue, Cypress, California, known as Zone Change No. Z-146. 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 Notices of the Public Hearing were on file in the Office of the City Clerk, and also stated that no communications had been received in favor of or opposed to the proposed zone change. The Secretary of the Planning Commission reviewed the proposed Zone Change and stated that the Planning Commission had recommended approval. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Coundlman 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 ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-3 (MULTIPLE-FAMILY RESIDENTIAL) TO R-1 (ONE-FAMILY RESIDEN- TIAL), ZONE CHANGE NO. Z-146 January 10, 1966 It was moved by Coundlman McCarney, seconded by Councilman Kanel, and unanimously carried, this Ordinance pass its first reading. The follow- ing roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE CONCERNING OFF-STREET PARKING REQUIREMENTS: The Mayor announced this was the time and place for the Public Hearing ~ consider a proposed amendment to the Zoning Ordinance , PART 21, "OFF-STREET PARKING REQUIREMENTS". 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 affidavits of publication were on file in the Office of the City Clerk and that no written communications had been received in favor of or opposed to the proposed Zoning Ordinance amendment. The Secretary of the Planning Commission reviewed the proposed Amendment recommended by the Planning Commission, which will change the requirement for C-1 (Neighborhood Stores) and C-2 (General Commercial) from 8 parking spaces per 1,000 square feet to 6 spaces per 1,000 square feet, and will establish a requirement of 6 spaces per doctor for animal clinics. In answer to a question from Councilman McCarney, the Secretary of the Planning Commission stated that existing C-2 uses could be expanded so long as 6 parking spaces per 1,000 square feet are allowed. Following further discussion concerning the parking required for medical buildings and hospitals, it was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, PART 21, OFF-STREET PARKING, TO CHANGE THE REQUIREMENT FOR C-l, (NEIGHBORHOOD STORES) AND C-2 (GENERAL COMMERCIAL) AND ESTABLISH A REQUIREMENT FOR ANIMAL CLINICS It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE CONCERNING SECTION 112.2 PERMITTED BUILDINGS AND USESt TO ADD ANIMAL HOSPITALS: The Mayor announced this was the time and place for the Public Hearing to consider a proposed amendment to the Zoning Ordinance No. 90, Section 112.2 PERMITTED BUILDINGS AND USES by adding Subsection "Pp. Animal hospitals entirely within a building, subject to obtaining a Conditional Use Permit.", initiated by the Cypress Planning Commission. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed Zoning Ordinance amendment. The City Manager stated that the affidavits of publication were on file in the Office of the City Clerk and that no written communications had been received in favor of or opposed to the proposed amendment. The Secretary of the Planning Commission reviewed the proposed amendment recommended by the Planning Commission, which will permit the construc- tion of animal hospitals and veterinary clinics in the C-2 zone subject to a Conditional Use Permit. January 10, 1966 There being no written com~nunications 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, SECTION 112.2, PERMITTED BUILDINGS AND USES, ADDING SUBSECTION "Pp. ANIMAL HOSPITALS, ENTIRELY WITHIN A BUILDING, SUBJECT TO OBTAINING A CONDITIONAL USE PERMIT." 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 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE CONCERNING SECTION 125.18 ARCHITECTURAL APPROVAL: The Mayor announced this was the time and place for the Public Hearing to consider a proposed amendment to the Zoning Ordinance No. 90, Section 125.18, ARCHITECTURAL APPROVAL, which would require the submitting of plans indicating the location of heating, ventilating, and refrigeration units which will be located on the exteriors of buildings or on the property and the proposed landscaping or other treatment of the grounds around such buildings or structure, initiated by the Secretary of the Planning Commission, George R. Putnam. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the amendment. The City Manager stated that the affidavits of publication were on file in the Office of the City Clerk and that no written conmunications had been received in favor of or opposed to the proposed amendment. The Secretary of the Planning Commission reviewed the need for the Zoning Ordinance Amendment recommended for approval by the Planning Commission. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, SECTION 125.18, ARCHITECTURAL APPROVAL, TO REQUIRE THE SUBMITTAL OF PLANS INDICATING LOCATION OF AIR CONDITIONING, HEATING, VENTILATING, AND REFRIGERATION UNITS WHICH WILL BE LOCATED ON THE EXTERIOR OF BUILDINGS OR ON THE PROPERTY Following a brief discussion concerning the amendment, it was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None J~nuary 10, 1966 SECOND READING ORDINANCE ~a~ENDING SECTIONS 25-23 AND 25-24 OF THE CYPRESS CITY CODE REQUIRING PARK FEES FOR SUBDIVISIONS: The City Manager pre- sented the Ordinance which had passed its first reading at the December 27, 1965, City Council meeting, said Ordinance imposing a fee on subdivisions for park and recreation purposes. The City Manager also presented a communication dated January 8, 1966, from Mr. and Mrs. Edwin F. Brown, 1134 West Greendale Street, West Covina, protesting the adoption of this Ordinance, and transmitting a copy of the Declaration of Independence and the Bill of Rights. A copy of this communication is on fil~ in the Office of the City Clerk. The City Manager recommended that the second reading of this Ordinance be continued for three or four days to allow him time to discuss the effect of the Ordinance with the various subdividers in the City. It was moved by Councilman Kanel, seconded by Councilman Gorzema~, and unanimously carried, to continue consideration of the Ordinance emending Sections 25-23 and 25-24 of the Cypress City Code until an adjourned regular meeting to be held later in the week. ORAL COMMUNICATIONS: Mr. Delno J. Kanode, 5184 Melbourne Drive, Cypress, addressed the Council on behalf of the Federation for Community Affairs, and presented the City Council members with official copies of the Federation's recently published Business Directory. Mr. Kanode stated that the Directory has been accepted well by the public, and plans are being made to publish it on an annual basis. Mayor Noe and other members of the City Council commended the Federation for its preparation of the directory, and following further discussion concerning this matter, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to direct the staff to prepare a Resolution commending the Federation for Community Affairs for their efforts in publishing the City Directory. ADJOURNMENT: There being no further business to come before the City Council at this time, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to adjourn this meeting at the hour of 8:05 p.m, until Friday, January 14, 1966, at 7:30 p.m. ATTEST: OF CYPRESS January 10, 1966 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD January 14, 1966 The Cypress City Council held an adjourned regular meeting on Friday, January 14, 1966, in the City Council Chambers, 5311 Orange Avenue, Cypresa, California, at 7:30 p.m., all notices having been posted as required by law, Mayor Frank P. Noe presiding. PRESENT: Councilmen Gorzeman, McCarney, Wright, aBd Noe ABSENT: Councilman Kanel Also present were City Manager/City Clerk Dartell Essex; City Attorney James Erickson; and Public Works Director Arthur Schatzeder. ORAL COMMUNICATIONS: There were no oral communications presented at this time. COUNCILMAN KANEL ARRIVED AT 7:31 P.M. AND TOOK HIS CHAIR ON THE PODIUM REPORT FROM CITY ATTORNEY RE: ANTI-TRUST PIPE LITIGATION: City Attorney James Erickson stated that the Federal Government has returned a criminal indictment against suppliers of water and drainage pipe for cons~ring to fix prices. The State Attorney General has brought an action seeking to return damages under the Clayton Act on behalf of all public agencies in the State. However, since the Attorney General's action will not auto- matically result in recovery of damages by the public agencies who are subject to the over-charge, it will be necessary for each public agency to intervene in the action to prove their own particular damages. The City Attorney advised the Council that from a preliminary review of the City records, it appears that there may be a sufficient amount of refund available to the City under the anti-trust litigation to warrant the City's intervention in this matter. For this reason, the City Attorney requested Council permission to intervene in the State action on behalf of the City on the condition that the City could withdraw at any point it is determined the action is not warranted due to insuffi- cient monies which would be eligible for refund to the City. Considerable discussion was held concerning the desirability of inter- vening in this action, with reference to the amount to be recovered and the cost of attorney fees, following which it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to instruct the City Attorney to intervene in the anti-trust pipe litiga- tion on behalf of the City with the condition that the City may withdraw at any point it is determined that the action is not warranted due to insufficient monies which would be eligible for refund to the City. 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 SECTIONS 25-23 AND 25-24 OF THE CYPRESS CITY CODE REQUIRING PARK FEES FOR SUBDIVISIONS: The City Manager stated that the second reading of this Ordinance had been continued from the last meeting in order to have discussions with the major subdividers regarding the effect of this Ordinance. The City Attorney suggested that the City Council go into executive session in order to discuss pending litigation on matters concerning City fees. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to recess to executive session at 7:50 p.m. January 14, 1966 The Mayor called the meeting back ~o order at 8:56 p.m., all City Councilmen being present. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to continue consideration of the second reading of the Ordinance requiring park fees for subdivisions until the City Council meeting of January 24, 1966. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ORAL CO~ff4UNICATIONS: There were no 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 Kanel, and unanimously carried, the meeting adjourn at 8:58 p.m. MA~OR OF THE CITY 0~1( CYPRESS ATTEST: CIT~ ~LE~K OF THE ~ITY OF CYPRESS January 14, 1966