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Minutes 66-05-02MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS AT A SPECIAL MEETING HELD May 2, 1966 The City Council of the City of Cypress met in Special Session on Monday, May 2, 1966, at 7:30 p.m., in the City Council Chambers, 5311 Orange Avenue, Cypress, California, all members having been notified as required by law, Mayor Frank P. Noe presiding. PRESENT: Councilmen Bowen, Harvey, Kanel, McCarney, and Noe ABSENT: None Also present were City Manager[City Clerk Darrell Essex and City Attorney James Erickson. PUBLIC HEARING RE: FLY BREEDING AT 4711 LINCOLN AVENUE: The Mayor announced this was the time and place for the Public Hearing to determine whether the breeding of flies at 4711 Lincoln Avenue, Cypress, is in violation of Chapter 13, Article II Fly Control, of the Cypress City Code, and to further determine whether or not the Health Officer may abate said condition, as requested by Mr. Ted Koopman, M & K Dairy, 4711 Lincoln Avenue, Cypress. The Mayor declared the Public Hearing open and requested the City Manager to present his report. A report dated May 2, 1966, was presented from the City Manager, stating that in accordance with Chapter 13, Article II, of the City Code, relating to fly control and protection of public health, the Health Officer has determined that there is breeding of flies and violation of the code on the dairy owned by Mr. Ted Koopman at 4711 Lincoln Avenue, Cypress. Mr. Koopman has requested a Public Hearing to determine whether or not a condition contrary to the conditions of Chapter 13, Article II of the City Code exists and whether or not the Health Officer may abate the breeding of flies. at the subject location. The Mayor asked if anyone in the audience wished to speak for or against the fly abatement. Mr. Leo Baroldi, 6672 Cerritos, Cypress, addressed the Council, inquiring as to why two tape recorders were being used at the City Council meeting. Mr. Bob Smith, of the Anaheim Bulletin, addressed the Council, stating that his tape recorder is only being used for his benefit in writing an accurate account of the proceedings of the Public Hearing for the newspaper. The City Attorney advised that so long as the tape recorder is noisless and is not disturbing the proceedings of the meeting, the public is allowed to use such recorders. Mr. Baroldi again addressed the Council, stating that he was inquiring because at a previous meeting some time ago, an individual was asked not to use his tape recorder. The City Attorney advised Mr. Baroldi that recent legislation has been adopted, allowing the use of tape recorders at public meetings. Mr. Frank Vicencia, 13131 South Street, Dairy Valley, representing the Milk producer's Council, addressed the Council, stating that he was advised by Mr. Koopman concerning the Public Hearing, and inquired if there was any specific time period concerning the scheduling of the hearing. The City Attorney advised that the Code does not specify any time period. Mr. Wayne Worley addressed the Council, stating that some individuals would like to speak in rebuttal to the report to be presented by the Health Department. May 2, 1966 Mr. Fred King, Supervising Sanitarian for the Orange County Health Department, addressed the Council, reviewing the serious fly problem which has occurred in the City this year due to the heavy rains experienced during the winter months. Mr. King outlined the inspections which have been made by the Health Department of Mr. Koopman's dairy, and stated that although Mr. Koopman has made an effort to abate the problem, there are still areas that need improvement. Mr. King requested Mr. Edgefly, of the Health Department, to report concerning the inspection he had made this date of the subject property. Mr. Ray Edgefly, District Sanitarian, addressed the Council, stating that he had inspected Mr. Koopman's dairy at approximately 11:00 a.m. this date, and read a report concerning hisfindings,indicating that there was considerable improvement in the amount of manure in the corrals, but the manger area is still to be cleaned of an accumulation of decayed feed. In answer to questions from the City Attorney and Councilman Harvey, Mr. Edgefly stated that he prepares reports each time he makes an inspection, copies of which are left with the operator of the dairy when available, and that previous inspections had been made of Mr. Koopman's dairy on March 15, April 1, and April 11, 1966. In response to another inquiry from Councilman Harvey, Mr. Edgefly stated that more than a reasonable effort had been made by Mr. Koopman; however, the conditions were not normal this year and consequently the conditions have not been entirely corrected. Councilman Harvey inquired concerning inspections made by the Health Department of fly breeding areas around homes, in addition to those made on the premises of dairies. Mr. Ray Edgerly indicated that inspections are made of homes if complaints are received by the Health Department. Mr. Edgerly also explained the various types of flies, with particular reference to the flies which are commonly associated with dairies. In answer to a question from Councilman Bowen, Mr. Edgerly explained the problems dairies have with the accumulation of manure as a result of heavy rains. Mr. Ted Koopman, 4711 Lincoln Avenue, Cypress, addressed the Council, reviewing the problems he had encountered in removing the manure from his dairy due to the unusually heavy rains this year. In answer to a question from Councilman McCarney, Mr. Koopman indicated he felt the dairy could be cleaned sufficiently in one more week. Councilman Harvey inquired if Mr. Koopman was prepared to correct the water leaks referred to by the Health Department, and to clean the areas which require hand labor. Mr. Koopman replied that he is having difficulty in obtaining the workers necessary to accomplish this work. In answer to another inquiry from Councilman Harvey, Mr. Edgerly, of the Health Department, reviewed the history of complaints received concerning the subject dairy. He also indicated that last year Mr. Koopman was served with an abatement notice, however at that time he complied with the notice. Councilman Harvey stated he felt Mr. Koopman had made an effort to abate the nuisance and he would ~ in favor of continuing consideration of this matter until a future meeting. In answer to a question from Councilman Bowen, Mr. Koopman indicated that he has been working on cleaning his dairy since January. Mr. Gene Koopman, 4711 Lincoln Avenue, Cypress, addressed the Council, stating that the leaking pipes referred to by the Health Department could not be corrected until the water drained from the dairy. May 2, 1966 -78 Following further discussion, it was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to continue this Public Hearing until 7:30 p.m. on May 9, 1966, and to request the Health Department to conduct a further inspection of Mr. Koopman's dairy and to submit a report concerning the results of this inspection to the City Council. 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: FLY BREEDING AT 6411 - 6461 ORANGE AVENUE~ CYPRESS: The Mayor announced this was the time and place for the Public Hearing to determine whether the breeding of flies at 6411 - 6461 Orange Avenue, Cypress, is in violation of Chapter 13, Article II Fly Control, of the Cypress City Code, and to further determine whether or not the Health Officer may abate said condition, as requested by Mr. Joe Mello, 6411 - 6461 Orange Avenue, Cypress. The Mayor declared the Public Hearing open and stated for the record that he had personally inspected the subject property on Saturday, April 30, 1966, and then requested the City Manager to present his report. A report dated May 2, 1966, was presented from the City Manager, stating that in accordance with Chapter 13, Article II, of the City Code, relating to fly control and protection of public health, the Health Officer has determined that there is breeding of flies and violation of the code on the dairy owned by Mr. Joe Mello at 6411 - 6461 Orange Avenue, Cypress. Mr. Mello has requested a Public Hearing to determine whether or not a condition contrary to the conditions of Chapter 13, Article II of the City Code exists and whether or not the Health Officer may abate the breeding of flies at the subject location. The Mayor asked if anyone in the audience wished to speak for or against the fly abatement. Mr. Fred King, Supervising Sanitarian of the Orange County Health Department, addressed the Council, stating that during an inspection conducted on March 30, 1966, of the subject location, heavy breeding was found in the areas around the mangers, and the corrals were quite wet. In a re-check of the condition on April 11, 1966, no improvement in the areas around the mangers was noted and the hand work in the areas where there was considerable fly breeding had not been completed. Mr. Ray Edgerly, District Sanitarian, addressed the Council, stating that his inspection of the property this date at 10:00 a.m. revealed that there were accumulations of fly breeding material adjacent to the manger area. Mr. Joe Mello, 6361 Orange Avenue, Cypress, applicant, addressed the Council, stating that the Health Department officials never seem to be satisfied with the work he has accomplished in cleaning the dairy. Mr. Mello indicated that were it not for the fact that he is moving the dairy at the end of this month, he would have maintained his dairy in a clean condition. Councilman Kanel inquired as to who would be responsible for cleaning the area if it is not cleaned prior to Mr. Mello's moving. The City Manager stated that although he has not =discussed this matter with the new owner, the North Orange County Junior College District, the same provisions of the Ordinance would apply, and if the nuisance is not abated, the Health Department will serve notices on the new owners. In answer to a question from the City Attorney, Mr. Mello indicated that the Junior College District now has title to the property and he has permission to occupy the property until July. Mr. Frank Vicencia, of the Milk Producer's Council, addressed the Council, stating that although Mr. Mello and Mr. Koopman had been served with fly abatement notices, they are not the only dairies that have fly problems. He stated that both of these gentlemen have spent many hours in cleaning their dairies and emphasized that flies also cause problems to the dairymen by causing less milk production. In answer to a question from Councilman Kanel, Mr. Vicencia stated he does not feel the fertilizer plant proposed to be located adjacent to the Cypress City limits should be located in this vicinity. May 2, 1966 Mr. Wayne Worley, 6412 Orange Avenue, Cypress, addressed the Council, stating that he lives across the street from Mr. Mello's dairy and he is not bothered with flies. Mr. Worley verified Mr. Mello's statements concerning the work which has been done on the dairy. He further stated that he was on the premises of the dairy today when Mr. Edgefly, of the Health Department, inspected the property, and reported that the inspector walked down the middle of the corrals and then put a notice under the door of the property,owner, rather than giving it to the owner who was also in the corral area. Mr. Joseph Lourenco, 6344 Orange Avenue, Cypress, addressed the Council, stating that he also lives across from Mr. Mello's dairy and he does not have flies. He indicated that in working in the Cypress area, he has noticed an abundance of flies in the back of residential areas. In answer to a question from Councilman Kanel, the City Manager stated that the Junior College will be working under a very tight schedule to prepare the site for the fall school term, and for this reason he would assume that the subject dairy property will be cleaned promptly. Councilman Harvey stated he is concerned regarding what can be done to retard the fly nuisance after the dairy has moved. Mr. King, from the Health Department, stated that in some cases an abandoned dairy causes a greater fly problem than an operating dairy because ~e manure is not being disturbed. He recommended that some action be taken concerning the disposition of the manure. In answer to a question from the City Manager, Mr. King stated that it would be easier for the area to be cleared after the dairy has been abandoned. Discussion ensued concerning the costs involved in abating the nuisance, with City Attorney James Ertckson advising that the cost would be borne by either the owner of the property or the person who is in possession of the property, if that person is different from the property owner. Mr. Frank Vicencia again addressed the Council, suggesting the possibility of continuing action on this matter to allow Mr. Mello an opportunity to secure someone to scrape the corrals in the event the Junior College is not going to take immediate possession of the property. In answer to a question from the City Manager, the City Attorney stated that whoever is the owner at the time t~abatement takes place is liable for the costs, and a change of ownership would not effect this liability. It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to continue this Public Hearing until May 23, 1966, at 7:30 p.m. Following further discussion, the following roll call vote was taken: AYES: 3 NOES: 2 ABSENT: 0 COUNCILMEN: Harvey, McCarney, and Noe COUNCILMEN: Bowen and Kanel COUNCILMEN: None ORMONT FLY ABATEMENT MATTER: The City Manager advised that no action was necessary on this matter inasmuch as the report he had prepared was in error due to a misunderstanding regarding the dates of abatement notices served on Mr. Ormont. DISCUSSION RE: PENDING LITIGATION OF CITY OF CYPRESS VS. JOB DENNI~ ET AL: The City Manager requested that an executive session be called to discuss with the City Attorney the pending litigation of City of Cypress vs. Job Denni, et al. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to declare a recess at 9:00 p.m. in order to go into executive session with the City Manager and City Attorney to discuss pending litigation. The Mayor called the meeting back to order at 9:38 p.m., all City Councilmen being present. May 2, 1966 ADJOURNMENT: There being no further business to come before the City Council at this time, it was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to adjourn the meeting at 9:39 p.m. /~/~ MAYOR OF THE CIT~ YPRESS ATTEST: CITY/~L~,K ~'0~ THE ~ITY OF CYPRESS May 2, 1966