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Minutes 66-04-25MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD April 25, 1966 The City Council held a regular meeting on April 25, 1966, in the City Council Chambers, 5311 Orange Avenue, Cypress, California . at 3:00 p.m., Mayor Frank P. Noe presiding. PRESENT: ABSENT: Councilmen Bowen, Harvey, Kanel, McCarney, end Noe None Also present.were City Manager/City Clerk Darrell 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 McCarney, and unanimously carried, to approve the minutes of the meeting of April 11, 1966, as mailed. OR~ COMMUNICATIONS: There were no oral communications presented at this time. It was moved by Coun~lman McCarney, seconded by Councilman Kanel, and unanimously carried, to proceed to Item No. 3 on the Agenda, since Items No. 1 and 2 are Public Hearings scheduled for 7:30 p.m. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: NINTH BIENNIAL INSTITUTE FOR MAYORS AND COUNCILMEN: The City Manager presented a communication dated March 17, 1966, from the League of California Cities, advising the City Council of the Ninth Biennial Institute for Mayors and Councilmen, the purpose of which is to provide basic information about the organization and administration of cities for Mayors and Councilmen. The conference is scheduled for May 22-24, in Monterey, California. Following brief discussion concerning this conference, it was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to authorize attendance at this Conference by any Councilman who may wish to attend, and th~he be reimbursed for his actual and necessary expenses in an amount not to exceed $100.00. The following roll call vote was taken: AYES~ 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MINUTES OF MEETING OF MARCH 17, 1966: The City Manager presented a communication dated March 24, 1966, from the District Manager of the Orange County Mosquito Abatement District, transmitting the Minutes of the March 17, 1966, meeting of the Board of Trustees of the Mosquito Abatement District. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. COMMUNICATION FROM STATE CONTROLLER RE: VEHICLE LICENSE FEE REVENUES: The City MAnager presented two communications dated April 5, 1966, from the State Controller, advising the City Council of the Advance Apportionment of Vehicle License Fee Revenues for the 1965~66 fiscal year and transmitting the Estimate of Apportionments of Vehicle License Fee Revenues for the 1966-67 Fiscal year. It was moved by Counc~man Kanel, seconded by Councilman Bowen, and unanimously carried, these communications be received and filed. April 25,1966 COMMUNICATION FROM D. L. AMBERG & HOWARD MILLER RE: RELEASE OF BOND: The City Manager presented a communication dated April 7, 1966, from D. L. Amberg and Howard Miller on behalf of the Cypress Auto Wash, requesting the release of a performance bond for the construction of a block wall fence on the south property line of the Cypress Auto Wash. The City Manager explained that this bond has been replaced by a similar performance bond submitted by the original builder of the Cypress Auto Wash, and further advised that in all probability the fence will be constructed by the Cypress Junior College since the subject location is adjacent to the Junior College site. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to authorize the release of Performance Bond No. 1-1-865304 submitted by D. L. Amberg and Howard Miller for the construction of a block wall fence on the south property line of the Cypress Auto Wash. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None COMMUNICATION FROM CITY OF HUNTINGTON BEACH RE: RURAL-TYPE MAILBOXES: The City Manager presented a communication dated April 11, 1966, from the City of Huntington Beach, transmitting a copy of a communication from Congressman Richard T. Hanna in reference to the action taken in protest of the requirement of the Postmaster General for rural-type mailboxes for curb delivery in all new subdivisions. It was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. COMMUNICATION FROM WILLIS C. WARNER~ TOUPS ENGINEERING~ RE: EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 5338: The City Manager presented a communication dated April 11, 1966, from Willis C. Warner, Toups Engineering, Inc. on behalf of Don Wilson Builders, requesting a one-year extension of time for recording the balance of the subdivision approved as Tentative Tract Map No. 5338, which is located generally on the south- west corner of Orangewood and Knott, and consists of 174 R-I lots. The City Manager recommended that if the City Council grants the request for extension of time, that an additional condition be imposed that the drainage fees in effect at the time of recordation of the final maps will be paid by the subdivider. The City Manager further pointed out that an objection has been received from a property owner in the adjacent development to the west concerning the location of the proposed lots in Tract No. 5338 which back up to the cul-de-sac streets in Tract No. 4102. In answer to a que~ion from Councilman Kanel, the City Manager advised that this property owner had indicated he would be in attendance at the afternoon session of the City Council meeting to discuss this matter. Mr. Willis Warnet, of Toups Engineering, addressed the Council, indicating that there would be no objection to the drainage requirement; however, other changes had hot been discussed with the subdivider, Don Wilson Builders. Mayor Noe presented a petition which he had received from nine property owners in Tract No. 4102, objecting to the location of the homes in Tract No. 5338 adjacent to Tract 4102. The City Manager suggested the possibility of continuing action on this matter until the representative from Tract No. 4102 arrives at the meeting. Further discussion was held concerning the drainage fees required for the subject tract map. The City Attorney advised that the revised drainage fees should only be imposed on the portion of the tentative tract map which has not yet been recorded. It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to continue consideration of this matter until the evening portion of the City Council meeting. April 25, 1966 COMMUNICATION FROM JEFFREY MILLET RE: EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 5940: The City Manager presented a communication dated April 13, 1966, from Jeffrey H. Millet, of Millet-King & Associates, Inc. on behalf of Mr. Johnny Johnson, requesting an extension of one year in which to record the final map for Tentative Tract Map No. 5940, which is located directly to the east of Tract No. 5072, north of Orange Avenue and west of Denni. The City Manager reviewed the changes which have taken place since the filing of the original Tentative Tract Map and suggested that an additional condition be imposed that the drainage fees in effect at the time of recordation of the final maps will be paid by the subdivider. The City Manager further outlined the requirement that provision be made for the construction of the drainage facility south of Orange Avenue, designated as the west-side drain, prior to recordation of the final maps in the subject area. Following discussion concerning the drainage requirements for the subject tract, it was moved by Counc~man Kanel and seconded by Mayor Not to grant the request for an extension of one year for the recording of final maps on Tract No. 5940 with the condition that the developer agree to pay the drainage fees in existence at the time of the recordation of the final maps and further that the developer acknowledge that final maps will not be acceptable in ths area designated as Tract No. 5940 until such time as adequate provision has been made for the construction of the drainage facility south of Orange Avenue designated as the west- side drain. Prior to voting on this motion, further discussion was held. In answer to a question from Councilman Harvey, the City Manager explained that the only actual change in the conditions of the Tentative Tract Map would be the drainage fee requirement inasmuch as the existing Tentative Tract Map has a condition requiring that drainage be ~aolved to the satisfaction of the City Engineer. In answer to a question from Councilman Kanel, the City Attorney reviewed recent legislation whereby cities are permitted to amend their subdivision ordinances to allow a 1½ year time period for recording of final tract maps. The following roll call vote was taken on Councilman Kanel's motion to grant the extension of time on Tentative Tract Map No. 5940: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Not COUNCILMEN: None COUNCILMEN: None COMMUNICATION FROM C. J. QUEYREL RE: EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 5903: The City Manager presented a communication dated April 15, 1966, from C. J. Queyrel of McDaniel Engineering Company, on behalf of the developer of Tentative Tract No. 5903, requesting an extension of one year for the filing of final maps for Tract No. 5903, located on the east side of Grindlay at the extension of Canterbury Drive, consisting of 14 R-1 lots. The City Manager recommended that if the City Council grants the request f or extension of time, that an additional condition be imposed that the drainage fees in effect at the time of recordation of the final maps will be paid by the subdivider. Following discussion concerning the type of homes to be developed in the subject tract, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to approve the request for a one-year extension of time for the recording of final maps on Tentative Tract Map No. 5903 with the condition that the drainage fees that exist at the time of the recordation of the final maps be paid by the developer; The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Not COUNCILMEN: None COUNCILMEN: None April 25, 1966 COMMUNICATION FROM H. REECE BALLARD RE: RECOMMENDATIONS OF ORANGE COUNTY LEAGUE AMBUL~CE SERVICE COMMITTEE: The City Manager presented a connnunication dated April:19, 1966, from H. Reece Ballard, Chairman of the Ambulance Service Committee for the Orange County Division of the League of Cities, transmitting the recommendations of the Committee to the Executive Con~ittee of the Orange County League of Cites, and requesting that the City Council consider the recommendations and notify the League of the action taken. The City Manager reviewed the various recommendations of the Connnittee, a copy of which is on file in the office of the City Clerk, and ~outlined the ambulance service now provided in the City of Cypress. Following brief discussion concerning this matter, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to approve the recommendations of the Orange County League of Cities Ambulance Study Committee and request the City Manager to notify the Orange County Division of the League of the City Council's support of the Committee's recommendations. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None COMMUNICATION/:FROM H. B. CURRY RE: RESTRICTIONS CONCERNING BLOCK WALLS ON REVERSE CORNER LOTS: The City Manager presented a communication dated April 20, 1966, from Mr. H. B. Curry, 6154 Fred Drive, Cypress, protesting the restriction of a 15-foot cut-off required in the construc- tion of block wall fences on reverse corner lots, and requesting an opportunity to discuss this matter with the City Council. The City Manager expl&ined that Mr. Curry was apparently protesting a suggested amendment to the Zoning Ordinance which ~as been approved by the Planning Commission and is scheduled for public hearing before the City Council at its meeting of May 9th. The City Attorney recommended that this communication be included as a part of the Public Hearing scheduled for May 9th. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to receive and file the communication and direct the City Manager to include it as a part of the Public Hearing for the Zoning Ordinance Amendment relating to block wall fence set-backs, scheduled for the City Council meeting of May 9, 1966. COMMUNICATION FROM CITY OF TUSTIN RE: DETACHMENT FROM ORANGE COUNTY HARBOR DISTRICT: The City Manager presented a communication dated April 20, 1966, from the City of Tustln, transmitting a copy of a Resolution under consideration by Tustin concerning detachment from the Orange County Harbor District. In answer to a question from Councilman Bowen, the City Manager explained that similar communications from other cities concerning this matter had been tabled until a further determination is made concerning their requests for detachment from the Orange County Harbor District. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. COMMUNICATION FROM CYPRESS CHAMBER OF CO~R~ERCE RE: INSTALLATION OF CURBS AND GUTTERS ON STREETS ADJACENT TO FOREST LAWN PROPERTIES: The City Manager presented a communication dated April 20, 1966, from Mr. John Leneker, Vice President of the Cypress Chamber of Commerce, requesting a clarification regarding the installation of curbs and gutters on roads adjacent to the Forest Lawn property. The City Manager reviewed the cost estimates for the improvement of Crescent and Sumner, adjacent to Forest Lawn, and further advised that the City has entered into an Agreement with Orange County for the improvement of Sumner Street. April 25, 1966 Following discussion concerning the improvement of Su=mer Street, it was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to receive and file the communication from the Chamber of Commerce and direct the City Manager to provide information to the Chamber of Commerce relating to the construction of street improvements adjacent to Forest Lawn properties, RECESS: Mayor Noe declared a recess at 4:17 p.m. The meeting was called back to order at 4:25 p.m., all City Councilmen being present. CITY COUNCIL APPOINTMENTS: A report dated April 18, 1966, was presented from the City Manager, reviewing the following committees and districts on which the City of Cypress has representation. 1. OranMe County Sanitation District In accordance with the State Health and Safety Code, the Mayor of each City is the offichl representative on the Sanitation District; however, a Council member shall be appointed to act as an alternate. Upon the consent of the City Council, Mayor Noe appointed Councilman Richard Bowen as the Alternate on the Orange County Sanitation District Board of Directors. 2. OranMe County Mosquito Abatement District Upon the consent of the City Council, Mayor Noe appointed Councilman John Kanel as the Representative to the Orange County Mosquito Abatement District. Brief di~cussion ensued concerning the desirability of the represen- tative on the various Districts providing periodic reports to the City Council concerning the actions of the Districts. 3. OranMe County Leahue of Cities Executive Committee Upon the consent of the City Council members, Mayor Noe appointed Councilman Robert Harvey as the City's representative on the Orange County League of Cities Executive Committee. 4. Southern California Associgion of Governments General Assembly Upon the consent of the members of the City Council, Mayor Noe indicated that he would continue to serve as the City's representative, with Councilman Kanel as the Alternate 9n the Southern California Association of Governments General Assembly. 5. Cypress Park and Recreation District Ad, isory Board The City Manager presented a communication from the Park and Recreation District, requesting that the appointments to the 1966-67 Advisory Board be made at this time. Following discussion concerning representation on this Advisory Board, Mayor Noe, with the consent of the City Council, appointed Councilman Bowen, as the Delegate, and Councilman Kanel as the Alternate to the Cypress Park and Recreation District Advisory Board for the remainder of the 1965-66 year and the coming 1966-67 year. 6. Transportation Association of Southern California No action was taken in designating a delegate to this Association until clarification is received by the City Manager concerning the status of the Transportation Association of Southern California. 7. City Audit Committee Upon the consent of the City Council members, Mayor Noe appointed Councilman McCarney and Harvey as the Council's representatives on the City Audit Committee. April 25,1966 CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM WILLIS WARNER RE: EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 5338: Upon the suggestion of the City Manager, it was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to continue consideration at this time of the request from Mr. Willis Warnet for an extension of time for Tentative tract map No. 5338 The City Manager again reviewed an objection which had been received from a property owner adjacent to the proposed Tract No. 5338, with reference to the homes backing on the ends of the cul-de-sacs in Trait No. 4102. Mr, Neal Vorrhees, 6702 Sambar Circle, Cypress, addressed the Council, and read a communication from nine property owners in Tract No. 4102, ob~cting to the location of the homes in Tract No. 5338, a copy of which is on file in the office of the City Clerk. In answer to a question from Councilman McCarney, the Secretary of the Planning Commission reviewed other areas in the City where a similar c ondition exists, and stated that no objections had been voiced from these areas. Mr. Voorhees again addressed the Council, stating that due to the reduced square footage in the lots of Tract No. 5338, there could be as many as three houses backing onto the cul-de-sacs in Tract No. 4102. Councilman Bowen suggested the possibility of a neighborhood landscaping project at the ends of the subject cul-de-sacs, in order to lessen the objection to the location of the homes in Tract No. 5338. Mr. Willis Warner, of Toups Engineering, addressed the Council, stating that in a majority of the homes, fences will be installed along the back property lines. Re also stated that the objection appears to be an attempt on the part of the existing homeowners to obtain a fence at the expense of the developer of Tract No. 5338, and further stated that the condition was actually created by the layout of the cul-de-sacs in Tract No. 4102. Mr. Warnet also advised that it would be impossible to change the design of the ~ract at this time since the first unit is now under construction and the sewer and water facilities have been installed. Mr. Voorhees addressed the Council, stating that he would prefer the homes in Tract No. 5338 to face north and south, as do the homes in his ~ract. A motion was made by Councilman Kanel to approve the extension of one year for Tentative Tract Map No. 5338, with additional conditions established providing that the developer will pay the drainage fees that exist at the time of the recording of the final map and the developer install a block wall fence along~e entire west boundary of the tract. The motion died for lack of a second. Following further discussion, a motion was made by Councilman Kanel and seconded by Councilman Bowen to approve the extension of one year for Tentative Tract Map No. 5338, with additional conditions established providing that the developer will pay the drainage fees that exist at the time of the recording of the final map and the developer install a block wall fence along the entire west boundary of the tract. The motion failed to carry by the following roll call vote: AYES: 2 NOES: 3 ABSENT: 0 COUNCILMEN: Bowen and Kanel COUNCILMEN: Rarvey, McCarney, and Noe COUNCILMEN: None It was then moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to continue consideration of this matter until the City Council meeting of May 9, 1966, in order to~tain further information. April 25, 1966 STREET IMPROVEMENT PLANS--WAYNE WORLEY: It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to consider Item No. 18, concerning Mr. WorleyWs street improvement plans, at this time. A report dated April 25, 1966, was presented from the City Manager, reviewing the results of an investigation requested at the last City Council meeting concerning the delay in checking street improvement plans on Orange Avenue adjacent to Mr. Worley's property. Discussion ensued concerning the time periods involved in both the City's checking of the plans and the making of corrections by Mr. Worley's engineer. The City Manager pointed out that local citizens are given priority in checking plans for their improvements, and stated that unless the City's Engineering staff were enlarged, the time periods involved in checking plans could probably not be shortened. Mr. Worley addressed the Council, stating that his plans were now approved by the City, and expressed his appreciation to the City Council for its action. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, the City Manager's report be received and filed. RECESS: It was moved by Coun~man Kanel, seconded by Councilman Bowen, and unanimously carried, to declare a recess at the hour of 5:35 p.m. until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p~. with the following in attendance: PRESENT: Councilmen Bowen, Harvey, Kanel, McCarney, and Noe ABSENT: None Also present were City bianager/City Clerk Darrell Essex, City Attorney James Erickson, Public Works Director Arthur Schatzeder, Administrative Assistant Dartell Dalton, Building Superintendent Tom Nudson, Police Chief George Savord, and Planning Commission Secretary 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: VACATION OF DRAINAGE EASEMENT AT VALLEY VIEW AND BALL: The btayor announced this was the time and place for the Public Hearing to consider the vacation of the following drainage easement: All of that portion of the 12.00 foot wide easement for drainage purposes recorded in Book 7589, Page 730, official records of Orange County, lying westerly of the westerly line of that certain 10.00 foot wide easement for drainage purposes, recorded in Book 7530, Page 780, official records of Orange County. The Mayor declared the Public Hearing open and a~ked if anyone in the audience wished to speak for or against the proposed vacation of the drainage easement. The City Manager advised that the affidavits of publication and posting of the Notice of the Public Hearing were on file in the office of the City Clerk and no communications had been received concerning the proposed vacation. A report dated April 21, 1966, was presented from the Public Works Director, stating that the existing storm'drain'easement'interferes with the proposed animal hospital, however~since an adequate drainage outlet is provided in this area, the subject easement is no longer required. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. April 25~ 1966 Councilman Bowen stated that he would like the record to reflect that at such time as a rectangular channel might replace the existing channel, there could be damage to the animal hospital property. With reference to this statement, the City Attorney indicated that such damage would not be the responsibility of the City. It was moved by Counc~mau Kanel, seconded by Councilman Harvey, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING A PORTION OF A STORM DRAIN EASEMENT UNDER THE PUBLIC SERVICE EASEMENTS VACATION LAW The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None PUBLIC HEARING RE: VACATION OF DRAINAGE EASEMENT IN TRACT NO. 5072: The Mayor announced this was the time and place for the Public Hearing to consider the vacation of the following drainagejeasement: The easterly 1.50 feet of that certain 7.50 foot wide drainage easement in Lot 19, Tract No. 5072, as shown on a map of said Tract recorded in Book 222, Pages 29-31 inclusive of Miscellaneous Maps, Records of Orange County. The Mayor declared the Public Hearing open and asked if anyone in the audience.wished to speak for or against the proposed vacation of the drainage easement. A report dated April 21, 1966, was presented from the Public Works Director, recommending the abandonment of the easterly 1½ feet of the storm drain easement across Lot 19 of Tract 5072 in order to allow sufficient room for a three-foot walk way on the side of Lot 19. The remaining six-foot easement will be sufficient to handle the drainage from the undeveloped area north of Tract No. 5072 on an interim basis. In answer to an inquiry from Councilman McCarney, the Public Works Director explained the drainage study which had been completed for the area adjacent to Tract No. 5072. Councilm~n McCarney also questioned the location of the drainage easement in the tract, stating that he was under the opinion that the easement was located in a different area. Mr. Pete Van Ruiten, 9432 Bloomfield, Cypress, addressed the Council, stating the development of his property is handicapped by Tract No. 5072. Mr. Gale Eagleton, 10002 Flower, Bellflower, Attorney representing Mr. and Mrs. Van Ruiten, addressed the Council, stating that he wished to go on record in opposition to the vacation of a portion of the drainage easement. Mr. Eagleton referred to a ma~mr of record between Stardust Lands, Inc. and the Van Ruitens, whereby Tract No. 5072 is obligated to take the water from 18 of the 31 acres to the north, and stated that at that time a lO-foot wide easement was to have been located between lots 20 and 21 for drainage purposes.. He further stated that he felt the present solution to the drainage problems in the subject area was not conceivable and will create a lake at the north boundary of the tract, and to grant a further encroachment upon the situation will be compounding the problem. Mr. Eagleton suggested that a reasonable development would be to develop a ditch between lots 20 and 21, and urged the Council not to grant any further leniency in this matter. City Attorney James Erickson advised the Council that some of the evidence presented by Mr. Eagleton was not material to the subject Public Hearing since the final map for Tract No. 5072 has been approved and recorded and does not show a ten-foot drainage easement between lots 20 and 21. He also stated that if Stardust Lands ~nc., has violated its agreement or the Title Company has erred, Mr. Van Ruiten has his remedy by an action against them and an agreement between the two private parties cannot bind the City to a solution to a hydrologic drainage problem which they have agreed upon. Mr. Erickson emphasized that the matter before the City Council is to determine the feasibility of reducing the existing 7½-foot drainage easement to a 6-foot easement. April 25, 1966 Mr. Eagleton again addressed the Council, inquiring of the Public Works Director if the statements he had made concerning water flows were correct and concerning the adequacy of the drainage solution for the subject property. Public Works Director Arthur Schatzeder stated that he had advised Mr. Eagleton that the drainage ditch provided on the interim basis was adequate to handle the water flow. He further pdnted out that the City cannot presently recor~end the ultimate solution to the drainage problem in this area since it is not known what type of ultimate development will take place. The City Attorney requested the Public Works Director to present any information he has concerning the capacity of the existing 7½ foot channel and the proposed 6-foot channel and concerning the waters which will be produced from the adjacent areas. The Public Works Director presented hydrologic calculations made by the engineering firm of Voorheis, Trindle-Nelson, and checked by the City Engineerrs Department. He also summarized calculations which had been made by his department concerning the capacity of the proposed 6-foot channel which indicated the 6-foot channel was adequate at this time. In answer to a statement by Mr. Eagleton concerning the property to the west of Tract 5072 carrying waters from the north, the City Attorney emphasized that the Public Works Director had not reached a conclusion concerning the ultimate solution to the drainage problems in the subject area. Further discussion ensued between Mr. Eagleton and the Public Works Director concerning drainage flows, grades, and the solutions to the drainage problem. There being no written communications and no further oral protests, the Mayor declared the Public Hearing closed. Councilman Bowen stated that based upon the calculations presented by the Public Works Director, he could see no reason for not abandoning the 1½ foot portion of the easement. Counc~man McCarney referred to past City Council actions concerning Tract No. 5072 and stated he hopes similar drainage situations do not occur in the future. Following further discussion, it was moved by Councilman Harvey, seconded by Councilman Bowen, and carried, to approve the following Resolution, title as follows: RESOLUTION NO. 687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING A PORTION OF A STORM DRAIN EASEMENT UNDER THE PUBLIC SERVICE EASEMENTS VACATION LAW The following roll call vote was taken: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, and Noe' COUNCILMEN: McCarney COUNCILMEN: None Mr. Gale Eagleton again addressed the Council, asking that the record indicate that subsequent information was submitted following the closing of the Public Hearing. With reference to this statement, the City Attorney advised the Council that all testimony upon which the City Council bases its decision in a Public Hearing must be intro~uced during the hearing. In answer to a question from Councilman Harvey concerning the avenues of recourse available to Mr. Van Ruiten, the City Attorney stated that Mr. Van Ruiten has recourse against Stardust Lands Inc., with which he~s an agreement concerning the drainage of his property. The City Attorney further stated he could see no problem in the City Council's discussions with the City Engineer which followed closing of the Public Hearing, since the basic information had been brought forth during the Public Hearing. April 25, 1966 1.70 COMMUNICATIONS FROM THE ~fPIl~ CHAMBER OF COMMERCE RE: CITY MOTTO AND COLORS AND CITY ENTRANCE SIGNS: A report dated April 21, 1966, was presented from the City Manager, summarizing previous communications which had been continued until this time from the Cypress Chamber of Commerce. One request of the Chamber transmitted the five best entries submitted in a contest sponsored by the Chamber of Commerce to select a City motto and colors, with a request that the City Council select the best entry to be awarded a $25.00 savings bond by the Chamber. The second communication from the Chamber of Commerce suggested the possibility of City entrance signs at the entrances to the City on Lincoln, Valley View, and Cerritos, and submitted various recommended designs for the signs. The City Manager recommended that due to the importance of these two matters, it would be appropriate to appoint a Citizens Committee to make recormnendations to the City Council concerning the motto and colors and the location and ~sign of the City entrance signs. In answer to a question from Councilman Kanel, the City Manager indicated the Citizens Committee should be comprised of representatives from the service and civic organizations in the City, with possibly five represen- tatives appointed at large from the City; Discussion ensued concerning the Chamber's request that the City Council select the best entry in the motto and color contest, following which it was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to select the entry submitted by Miss Toni Riker for receipt of the award to be made by the Chamber of Commerce. It was further moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to establish a Citizens Committee comprised of representatives from civic and service organizations in the City, plus one member appointed at large by each City Councilman, and consider a City motto and colors and also to consider the design and location to be used for City entrance signs, said Committee to be coordinated by the City staff. Mr. Richard Parker addressed the Council, requesting that a time period be set for action byte Citizens Committee. Councilman Bowen stated that it was his intent to exclude representation from political clubs on this Committee. Discussion was held concerning the most expedient method of establishing the Committee. Mr. Chester Gutzman addressed the Council, suggesting one method of expediting the Committee. Following further discussion concerning the Cormmittee, it was moved by Councilman Kanel, seconded by CounCilman Harvey, and unanimously carried, to establish June 15, 1966, as the deadline for the organization of the Citizens Committee. RELEASE OF TIME DEPOSIT--ST. IRENAEUS CHURCH: A report dated April 21, 1966, was presented from the City Manager, recommending release of a Time Certificate Deposit from the St. Irenaeus Church, which guaranteed the construction of the sidewalk on the south side of the church property, west of Grindlay. The sidewalk has been installed as a part of the adjacent development in Tract No. 5337. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to authorize the City Clerk to release the Time Certificate Deposit in the amount of $1,300.00 to the St. Irenaeus Church. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None April 25, 1966 ADDITIONAL BUDGET APPROPRIATION--MOODY AND MYRA PARK DEVELOPMENT: A report dated April 21, 1966, was presented from the City Manager, outlining the need for an additional budget appropriation for the development of the 2.27 acre park site located adjacent to the library at the southwest corner of Moody and Myra. Although an amount of $14,740.00 was approved at the City Council meeting of February 28, 1966, the plans and specifications for development of the park have been completed, which require an additional amount of $6,260.00, the majority of which will be used for the automatic irrigation system. The City Manager's report further outlined the work which is contemplated in Phases 1 and 2 of the development. In answer to an inquiry from Councilman Bowen, the City Manager reviewed the history of the Moody and Myra Park acquisition and stated that a policy decision will have to be determined by the City Council in the future concerning the maintenance of the park. Councilman Bowen also indicated he felt ~e Park District should participate in the development of the park. Following further discussion, a motion was made by Councilman Kanel to authorize an additional appropriation of $6,260.00 for the Phase 1 development of the Moody and Myra Park site as outlined in the City Manager's report, and further approve the plans and specifications and authorize the City Clerk to advertise for bids for the installation of the irrigation system. The motion died for lack of a second. In answer to a question from Councilman Harvey, the City Manager advised that the only corranitment~L in the development of the park is the employment of the Landscape Architect, who has completed the plans and specifications for ~e park development. The City Manager suggested the possibility of continuing consideration of this matter until later in the meeting, at which time the preliminary plans for the park will be available for Councilm review. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to defer action on this matter until the end of the meeting. ACCEPTANCE OF BID AND AW~P,D OF CONTRACT FOR GASOLINE ANDsMAINTENANCE OF CITY VEHICLES: A report dated April 21, 1966, was presented from the City Manager, summarizing the bids received for gasoline and maintenance service for City vehicles. The lowest bid was submitted by the Cypress Shell Station located at 4502 Lincoln Avenue, and a copy of all bids received is on file in the office of the City Clerk. In answer to a question from Councilman Bowen, the City Manager indicated that this Company has been in business for some time. It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to accept the bid for gasoline and maintenance service from the Cypress Shell Station, 4502 Lincoln Avenue, Cypress, and authorize the City to utilize this service for gasoline and vehicle maintenance until June 30, 1967, at which time the City will again advertise for this service. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None CONTINUATION OF CONSIDERATION OF ADDITIONAL BUDGET APPROPRIATION FOR MOODY AND MYRA PARK DEVELOPMENT: It was moved by Councilman Bowen, seconded byeCouncilman Kanel, and unanimously carried, to continue consideration of this matter at this time. Administrative Assistant Darrell Dalton presented the preliminary plans for development of the Moody and Myra Park Site, pointing out the various areas of development contemplated for the park. Mr. Dalton pointed out that the original cost estimate for development was based upon the amounts spent in developing the Texaco Park; however, changes in the type of equipment, the amount of concrete, and the type of sprinkler system have created a need for an additional appropriation. .r ApEil 25, 1966 Following discussion, it was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to authorize an additional appropriation of $6,260.00 for the Phase 1 development of the Moody and Myra Park Site as outlined in the City Manager's report, and further approve the plans and specifications and authorize the City Clerk to advertise for bids for the installation of the irrigation system, the bids to be received on May 6th and the contract awarded on May 9th. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None AUTHORIZATION FOR POSITION OF PRINCIPAL ENGINEERING AIDE: A report dated April 21, 1966, was presented from the City Manager, reconmending the establishment of a new position of Principal Engineering Aide, to replace the present position of Engineering Aide. The person now employed as the Engineering Aide has recently resigned, and a study made of the needs in the Public Works Department indicates the need to recruit for a person who would be required to carry additional engineering responsibilities in an effort to relieve the engineering workload now existing in the Public Works Department. The City Manager presented the specifications for the position for City Council review, and advised that the salary range for the Principal Engineering Aide should be established at Range No. 32, which is $634 - 772 per month. Following discussion concerning the position, it was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to authorize the establishment of the position of Principal Engineering Aide at Salary Range No. 32, with a starting salary of $634 and a maximum of $772 per month. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None FLY CONTROL ACTIVITIES: A report dated April 25, 1966, was presented from the City Manager, summarizing theactions which have been taken by the Orange County Health Department in an effort to correct the serious fly problem which has been evident in the City during the past several weeks. The report also outlined results of the inspection made by two of the Councilmen, ~e City Manager, and representatives of the Health Department, of the feed yard located on the south side of Cerritos east of Walker. An ordinance, drafted by the City Attorney to remove the lengthy and complicated procedures involved in abatement of fly nuisances, was also presented for Council review prior to enactment. The City Manager further o~tlined plans for a meeting with Supervisor Phillips to discuss the various items outlined in his report and suggested that the Council appoint a representative to attedd this meeting. In answer to a question from Councilman McCarney, the City Manager stated that the time period for abating a fly nuisance under the proposed Ordinance would be ten days, as opposed to the current 38 days required for abatement procedures. City Attorney James Erickson reported that the new ordinance differs considerably from the present Ordinance and as yet the Health Department has not submitted its comments concerning the proposed Ordinance. He further reviewed the various provisions of the Ordinance, including the definition of a fly breeding hazard. No further action was taken concerning the proposed Ordinance at this time. Councilman Kanel and Mayor Noe expressed a desire to be present at the forthcoming meeting to be held with Supervisor Phillips concerning the fly problem. ...... April, 25, 1966 73 STATEMENT OF RECEIPTS AND EXPENDITURES, PERIOD OF JULY 1, 1965 THROUGH biARCH 31, 1966: A report dated April 21, 1966, was presented from the City Manager, transmitting the Third Quarterly Report for the nine- month period of the current fiscal year. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, this report be received and filed. MONTHLY VARIANCE REPORT OF REVENUES AND EXPENDITURES - MARCH 1966: It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, the Monthly Variance Report of Revenues and Expenditures for March 1966 be received md filed. MONTHLY ACTIVITY REPORT, MARCH 1966: It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, the Monthly Activity Report for March 1966 be received and filed. APPROVAL OF PAYROLL WARRANT LIST FOR PERIOD ENDING APRIL 17, 1966, WARRANTS NO. 13966 THROUGH 14023: It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to approve ~he Payroll Warrant List for the Period Ending April 17, 1966, Warrants No. 13966 through 14023, in the total amount of $14,016.69. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO. 13965 AND 14024 THROUGH 14097: It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to approve the Cor~nercial Warrant List for Warrants No. 13965 and 14024 through 14097 in the total amount of $27,270.98. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None APPROVAL OF WARRANT NO. 14098; REFUND TO MAYOR FRANK P. NOE: It was moved by Councilman carried, to approve following roll call McCarney, seconded by Councilman Kanel, and unanimously Warrant No. 14098 in the total amount of $3.20. The vote was taken: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel, and McCarney NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED:i COUNCILMEN: Noe APPROVAL OF WARRANT NO. 14099; REFUND TO COUNCILMAN RICHARE L. BOWEN: It was moved by Councilman McCarney, seconded by Councilman 'Kanel, and unanimously carried, to approve Warrant No. 14099 in the total amount of $3.20. The following roll call~Dte was taken: AYES: 4 NOES: 0 ABSENT: 0 ABSTAINED:I COUNCILMEN: Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None COUNCILMEN: Bowen APPROVAL OF WARRANT NO. 14100; REFUND TO COUNCILMAN ROBERT C. HARVEY: It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to approve Warrant No. 14100 in the total amount of $3.20. The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 0 ABSTAINED~I COUNCILMEN: Bowen, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None COUNCILMEN: Harvey April 25, 1966 174 SECOND READING ORDINANCE AMENDING ORDINAN6E NO. 90~ SECTION 112.2 RE: RESTAURANTS: It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, SECTION 112.2, "PERMITTED BUILDINGS AND USES", BY DELETING THE WORDS "NO ENTERTAINMENT OR DANCING..." IN SUBSECTION Ff., RESTAURANTS It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, this Ordinance be adopted. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and!!Noe COUNCILMEN: None COUNCILMEN: None qOMMUNICATION FROM FEDERATION FOR COMMUNITY AFFAIRS RE: PRESENTATION OF FLAGPOLE: The City Manager requested permission to present a communication received this date from the Federation for Community Affairs. It was moved by Councilman Kanel, seoonded by Councilman Bowen, and unanimously carried, to grant this request. The City Manager presented a communication dated April 22, 1966, from the Federation for Community Affairs, requesting permission to make a presentation to the City Council at this meeting. Mr. William Morod, 5047 Cumberland Drive, Cypress, President of the Federation for Community Affairs, addressed the Council, reading a communication from the Federation, dated April 25, 1966, offering to contribute to the City of Cypress a flagpole, to be installed at the new Civic Center complex and outlining the various reasons for the Federation's desire to donate this flagpole. It was moved by Councilman Kanet, seconded by Councilman Bowen, and unanimously carried, to accept the offer of the Federation for Community Affairsto donate the flagpole for the Civic Center site. COMMUNICATION FROM FEDERAL LITTLE LEAGUE RE: OPENING DAY CEREMONIES: The City Manager requested permission to discuss the Federal Little League Opening Day Ceremonies at this time. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to grant this request. The City Manager outlined the program for the Opening Day Ceremonies for the Federal Little League, to be held at the Connnunity Sports Center on April 30, 1966. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to receive and file this communication, and direct the City Manager to notify the President of the Federal Little League that Mayor Noe will be willing to throw out the first ball and the other members of the City Council will be in attendance at the ceremonies. RESOLUTIONS OF COMMENDATION AND COMMUNITY SERVICE PLAQUES FOR FORMER CITY OFFICIALS: Upon the suggestion of Mayor Noe, it was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to consider the presentation of Resolutions and community service plaques tot he former City Councilmen and two former Planning Commissioners. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to present Resolutions of commendation and community service plaques to former Councilmen Gorzeman and Wright and former Planning Commissioners Harvey and De Pietro at the next regular City Council~Imeeting. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None April 25, 1966 COMMUNICATION FROM CYPRESS JUNIOR COLLEGE RE: LOCATION OF INFORMATION TRAILERS: The City Manager requested permission to present a communication from the Cypress Junior College regarding information trailers. It was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to grant this request. The City Manager presented a communication dated April 20, 1966, from Mr. Daniel G. Walker, President of the Cypress Junior College, requesting permission to locate a trailer equipped with informative materials, pictures of the proposed buildings, and other vital information concerning the college on the parking lots of some of the larger shopping centers. The City Manager advised that the only requirement concerning this matter would be that a plot plan be submitted, showing the proposed location for the trailer, so that any problems concerning fire zones or other building code provisions could be prevented. He also advised that it would be necessary for the Junior College to obtain an electrical permit for the wiring. In answer to a question from Councilman McCarney, the City Attorney stated that there is no provision for waiving the fees on building and elec[rical permits. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed and permission be granted to the Cypress Junior College to locate an information trailer in the City upon the approval of the City Staff. PEOPLE VS. DAIRYMEN'S FERTILIZER COOPERATIVE LITIGATION: Upon the request of the City Manager, it was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to consider a request from the City Attorney in the litigation entitled "People vs. Dairymen's Fertilizer Cooperative". City Attorney James Erickson advised that there has been a change in venue to San Bernardino County in the litigation concerning the location of the fertilizer processing plant to the north of the City limits. For this reason, a local law firm in San Bernardino has been requested to assist in this matter, and requested the City Council to formally authorize this action. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to ratify and aut~rize the association of the law firms of Taylor & Smith and Rutan & Tucker with the City Attorney, James E. Erickson, for the prosecution of the action of the City entitled "People vs. Dairymen's Fertilizer Cooperative, Inc. et el." The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: NOne ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Kanel, seconded by Counclman Harvey, and unanimously carried, the meeting adjourn at 10:42 p.m. MAYOR OF THE C~ OF CYPRESS ATTEST: CITY L~LEP~ O~ T~E CI/rY OF CYPRESS April 25, 1966