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Minutes 66-05-09MINUTES OF THE CITY COUNCIL OF TIlE CITY OF CYPRESS HELD May 9, 1966 The City Council of the City of Cypress held a regular meeting on May 9, in the City Council Chambers, 5311 Orange Avenue, Cypress, California at 3:00 p.m., Mayor Frank P. Noe presiding. PRESENT: Councilmen Bowe~, Harvey, Kanel, McCarney, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Administrative Assistant Darrell Dalton, Public Works Director Arthur Schatzeder, Building Superintendent Tom Nudson, and Secretary of the Planning Conmission George Putnam. MINUTES: It was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, the minutes of the meeting of April 19, 1966, be approved as mailed. It was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, the minutes of the meeting of April 25, 1966, be approved as ~iled. ORAL COMMUNICATIONS: Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, emphasizing the severe fly problem which exists in the City, and requested that consideration be given to the residents of the City concerning this serious matter. No further oral communications were presented at this time. AWARD OF CONTRACT FOR IRRIGATION SYSTEM AT MOODY AND MYRA PARK: A report dated May 9, 1966, was presented from the City Manager, reviewing the bids received on May 6, 1966, for the installation of the sprinkler system at the Moody and Myra park site. The following is a summary of the bids received: James E. Booth 6040 Manchester Avenue Buena Park, California $ 8,136.66 D & M Sprinkler 15925 South Garfield Paramount, California Jack's Sprinkler Company 14622 Gracebee Avenue Norwalk!, California 9,570.50 7,786.95 Kawai Brothers P. O. Box 5400 Buena Park, California 10,853.00 1966, In answer to a question from Councilman Harvey, the Public Works Director reviewed the areas in which the various bid amounts differed. He also stated that the specifications require a one-year warranty on all material and workmanship. It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously mrried, to determine that the lowest and best bid for the installation of the ~rinkler system at the Moody and Myra Park site was received by Jack's Sprinkler Company, and authorize the award of the contract in the amount of $7,786.95 to Jack's Sprinkler Company, 14622 Gracebee Avenue, Norwalk, as per the Plans and Specifications approved on April 25, 1966. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None May 9, 1966 It was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, to proceed to Item No. 8 at this time, since Items No. 2 through 7 are scheduled for the 7:30 p.m. portion of the meeting. COMMUNICATION FROM DIEHL, EVANS, AND COMPANYt TRANSMITTING AUDIT REPORT FOR PERIOD ENDING DECEMBER 31, 1965: The City Manager presented a con~aunication from Diehl, Evans and Company, City Auditors, transmitting the Summary Statement of cash receipts and expenses for the six months ending December 31, 1965. In answer to a question from Councilman McCarney, the City Manager advised that the final audit report for the 1965-66 fiscal year will not be com- pleted prior to consideration of next year's budget. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, this communica~bn be received and filed. COMMUNICATION FROM ALEXANDER BOWIE RE: STATUS REPORT ON ANTITRUST MATTER: The City Manager presented a com~nunication dated April 5, 1966, from Alexander Bowie, of Rutan & Tucker, transmitting a status report on the antitrust matter in which the City is a party pursuant to previous Council action. Wi~h reference to this matter, City Attorney James Erickson stated that the trial on this matter will be conducted by the Federal Government, and stated that the City will be advised if at any time it does not seem economically feasible to continue this litigation. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM R. E. DEFFEBACH, STATE DIVISION OF HIGHWAYS, RE: INTERPRETATION OF SECTION 74.5 OF THE STREETS AND HIGHWAYS CODE: The City Manager presented a communication dated April 21, 1966, from Mr. R. E. Deffebach, State Division of Highways, regarding the legal interpretation of Section 74.5 of the Streets and Highways Code concerning the establishment of a state highway route or placing it in the Mghway system. Following brief discussion, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM EDW. LEE RUSSELLt HEALTH OFFICERt TRANSMITTING STATISTICAL REPORT OF SERVICES OF THE HEALTH DEPARTMENT: The City Manager presented a communication dated April 22, 1966, from Edw. Lee Russell, Health Officer for the City of Cypress, transmitting the Statistical Report of Services for the Health Department concerning work performed within the City of Cypress during 1965. Councilman McCarney suggested the possibility of a press release being submitted to the localnewspapers, summarizing the work which has been per- formed in the City by the Health Department. Councilman Harvey concurred in this suggestion. It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, this communication be received and filed. It was further moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to instruct the City Manager toprepare a News Release concerning the activities of the Orange County Health Department in the City of Cypress during the past year. COMMUNICATION FROM DAVID L. JAMES RE: ORANGE COUNTY MANAGER OF THE YEAR AWARD: The City Manager presented a communication dated April 27, 1966, from Mr. David L. James, Chairman of the Orange County Manager of the Year Award, inviting the Mayor and City Council to atteml a dinner honoring Dr. Arnold Beckman as Orange County Manager of the Year, and requesting the City Council to adopt a Resolution commending Dr. Beckman on his selection. 1966 It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 688 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING DR. ARNOLD O. BECKMAN AS ORANGE COUNTY MANAGER OFT HE YEAR 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 LEAGUE OF CALIFORNIA CITIES RE: LOSS OF FEDERAL AID REVENUES FOR HIGHWAYS: The City Manager presented a communication dated April 27, 1966, from Mr. Richard Carpenter, Executive Director and General Counsel of the League of California Cities, concerning the loss of Federal Aid revenues for highways due to the City of San Francisco not approving locations for interstate highway routes within the City. Following discussion concerning this matter, it was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to direct the City Manager to communicate with the Congressmen and Senators from this area, requesting that equivalent Federal Aid funds be restored to California by adding to the interstate mileage other freeways essential to California's transportation system. COMMUNICATION FROM CLEAN-UP, PAINT-UP, FIX-UP COMMITTEE RE: PROCLAMATION OF RAY AS "CLEAN-UP MONTH": The City Manager presented a communication dated April 28, 1966, from Mr. D. W. Kennedy, Vice Chairman of the Clean-up, Paint-up, Fix-up Committee, requesting the proclamation of May as "Clean-up, Fix-up, Paint-up Month". It was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, to grant this request, whereupon Mayor Noe proclaimed the month of May as "Clean-Up, Paint-Up, Fix-Up Month" in the City of Cypress. COMMUNICATION FROM AMERICAN PUBLIC WORKS ASSOCIATION RE: PROCLAMATION OF PUBLIC WORKS WEEK:. The City Manager presented a communication from the Southern California Chapter of the American Public Works AssociatiOn, requesting the Mayor and City Council to proclaim the week of May 15-21, 1966, as "National Public Works Week." It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to grant this request, whereupon Mayor Noe proclaimed the week of May 15-21, 1966, as "National Public Works Week" in the City of Cypress. COMMUNICATION FROM CYPRESS-LOS ALAMITOS V.F.W. & AUXILIARY RE: INSTALLATION CEREMONIES: The City Manager presented a communication received on May 5, 1966, from the Cypress -Los Alamitos Post 9847 and Auxiliary of the Veterans of Foreign Wars of the U.S. extending an invitation to the Mayor and City Council to attend the dual installation ceremonies to be held at the Naval Air Station, Clhb 56, Los Alamitos, California, on May 13, 1966. It was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, this cor~nunication be received and filed. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: SUMMARY OF LEGISLATION: The City Manager presented a communication dated April 18, 1966, from Mr. Richard Carpenter, Executive Director and General Counsel for the League of California Ci[ies, reviewing the current status of legi~lation in Sacramento which is of concern to cities. May 9, 1966 Following a discussion concerning the legislation of importance to the City of Cypress, it was moved by Councilman Bowen, seconded by Councilman Harvey, and carried, to go on record in opposition to A.C.A. No. 3, which would exempt local property tax for single-family dwellings owned and occupied by persons over 64 years of age. It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to go on record in opposition to A.B. 128, which would reduce the normal retirement age of Police Officers from 55 to 50. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None Following an explanation of special assessment acts by the City Manager, it was moved by Councilman Harvey, seconded by Coundlman Bowen, and unanimously carried, to go on record in favor of Assembly Bill No. 135, providing for special assessment acts for the undergrounding of overhead utility lines. The following roll call ~te was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMF~: None It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to receive and file the communication from the League of California Cities. REQUEST FOR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 5338: A report dated May 5, 1966, gas presented from the City Manager, summarizing the discussion held at the last City Council meeting concerning a request for a one-year extension for the recording of the remaining portions of Tentative Tract Map No, 5338. The City Manager reviewed the results of a meeting held with the representative of the subdivider, Don Wilson Builders, with particular reference to the request on the part of several residents from Tract 4t02, adjacent to Tract 5338, that a block wall be erected at the rear of the lots which back up to the cul-de-sacs in Tract No. 4102. In answer to a question from the City Manager, the City Attorney advised that it was within the power of the City Council to require the installation of fencing on the portion of the subdivision already developed, as well as the undeveloped portion. At the request of Councilman Harvey, the Secretary of the Planning Commission pointed out other areas in the City where a similar street pattern exists and the Building Superintendent emphasized the unsightly condition which has occurred?in these areas where fencing was not required. Mr. Nick Harrison, representing the subdivider Don Wilson Builders, addressed the Council, stating that a chain link fence is in existence between Tract 5338 and 4102 and this could cause problems if a wall were required. He also outlined the problems which would be created by the underground utilities in digging the foundations for a block wall. Mr. HarrisOn further stated he felt the installation of a block wall should be the responsibility of the property owners. Councilman Kanel stated he was in favor of the installation of a block wall fence between the two tracts, and would hope that in future similar situations, a block wall would be a requirement on the tract map. Councilman Harvey stated he would like to go on record in opposition to requiring the subdivider to install the block wall between the two tracts. May 9, 1966 It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to grant the one-year extension of time for recording the balance of the subdivision approved as Tentative Tract No. 5338 with the additional condition that the developer will pay the drainage fees that exist at the time of the recording of the final map. The following roll call vote was taken: AYES: NOES: ABSENT: 5 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe 0 COUNCILMEN: None 0 COUNCILMEN: None Councilman Kanel made a motion that a second additional condition to the extension requiring the construction of a block wall be added; however, the City Attorney stated this would ~ out of order at this time. Councilman Kanel withdrew his motion. A motion was made by Councilman Kanel to reconsider the action Just taken in order to apply a condition concerning the construction of a block wall along the westerly boundary of Tract 5338; however, the motion died for lack of a second. DISCUSSION RE: PENDING LITIGATION OF CITY OF CYPRESS VS. JOB DENNIl ET AL: It was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to declare a recess at 4:15 p.m. in order to go into execu[ive session with the City Manager and City Attorney to discuss pending litigation. The Mayor called the meeting back to order at 4:48 p.m., all City Councilmen being present. Mayor Noe advised that in executive session, the City Council authorized a settlement proposal to be made to each of the defendants in the business license tax delinquency suit by a settlement proposal letter substantially in the form On file in the office of the City Clerk. WEED AND RUBBISH ABATEMENT PROGRAM FOR 1966: A report dated May 5, 1966, was presented from the Public Works Director, stating that the Weed Abatement Contractor has listed the properties in the City which are considered nuisances and/or fire hazards. Also presented was a Resolution declar~g the City's intention to provide for the abatement of the properties listed as nuisances and establishing May 23, 1966, at 7:30 p.m. as the time for hearing objections to the proposed weed removal. In answer to an inquiry from Counctman Harvey, the City Manager explained the procedure to be f~llowe~by those individuals who wish to clean their own property prior to the work being done by the Weed Abatement contractor. He also explained that prior to any actual work being done by the contractor, the City's Public Works Inspector verifies the need for abatement work. Discussion was held concerning the possibility of allowing a longer time for individuals to clean their lots; however, the City Manager emphasized the limited time schedule under which the weed abatement program is conducted in order to include the abatement charges on the tax rolls. Following further discussion, it was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to adopt the following Resolution, title as follows: RESOLUTION NO. 689 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF May 9, 1966 186 The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 RESOLUTION RE: COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None EXEMPTIONS FOR CHARITABLE ORGAlqlZATIONS FROM PLANNING FEES: A report dated May 5, 1966, was presented from the City Manager, transmitting a Resolution which provides for the exemption from Planning Fees for charitable organizations, as requested at the City Council meeting of April 11, 1966. Discussion was held concerning the type of ~es to be exempted. Councilman Kanel suggested that the exemption be allowed only after review and approval by the City Council. Following further discussion, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to adopt the R~solution establishing the filing fees, with the section concerning exemption to read as follows: "All businesses which are conducted, managed, or carried on by any religious, charitable, fraternal, educational, military, state, county, or municipal organization or association shall be entitled to an exemption from the filing fees as set forth in this Resolution upon compliance with the following procedure: Such exemption shall be obtained by the filing of a verified statement with the City Clerk of the City of Cypress, d~closiug the character of the business which entitles the applicant to such an exemption upon approval by the City Council. Such statement shall state the name and address of the institution or organization." Title of [his Resolution is as follows: RESOLUTION NO. 690 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A SCHEDULE OF FILING FEES AND RESCINDING RESOLUTION NO. 613 The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and No~ COUNCILMEN: None COUNCILMEN: None AUTHORIZATION FOR CIVIL DEFENSE SIGNATURES: A report dated May 5, 1966, was presented from the City Manager, requesting that the Director of Civil Defense and Assistant Director of Civil Defense be authorized to sign claims f6r the purchase of Civil Defense equipment. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to authorize the Mayor to sign a letter directed to the California Disaster Office, notifying that office that the Director and Assistant Director of Civil Defense are authorized to execute docu- ments on b~half of the City for the purchase of Civil Defense equipment. STATE PLANNING ACT REVISION--ZONE CHANGE HEARINGS: A report dated May 5, 1966, was presented from the City Manager, outlining a recent revision to the State Planning Act which provides that the City Council is not required to take further action on zone change requests which have been denied by the Planning Commission unless a hearing is requested by an interested party. In answer to a question from Councilman Bowen, the City Manager stated that if this procedure were enactedby the City, the $25.00 appeal fee would be imposed if a City Council hearing were requested on a zone change denied by the Planning Commission. May 9L 1966 It was moved by Councilman Kanel and seconded by Councilman McCarney to instruct the City Manager and City Attorney to prepare an amendment to the Zoning Ordinance to comply with this new provision of the State Planning Act. Prior to voting on this motion, further discussion was held. In answer to a question from Councilman Harvey, Planning Conumission Secretary George Putnam stated he would be in favor of such an amendment to the Zoning Ordinance and outlined the advantages of such an amendment. In response to a statement by Councilman Kanel, the City Manager suggested the possibility of establishing an appeal time period that would allow sufficient time for the City Council to review the Planning Commis~ion's actions. Councilman Harvey emphasized the need for zone change applicants to submit all available information to the Planning Commission if such an amendment is approved. He also suggested that the Planning Commission be advised of the additional responsibilities it will carry if the amendment is adopted. May~r Noe called for a vote on Councilman Kanel's motion, ahd the motion was unanimously carried. A~LENDMENT TO ZONING ORDINANCE--CHRISTMAS TREE LOTS: A report dated May 5, 1966, was presented from the City Manager, recommending that the Zoning Ordinance be amended to provide for approval of Christmas Tree lots by the staff, rather than requiring City Council approval. Fo]bwing brief discussion, it was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to initiate an amendment to the Zoning Ordinance relating to Christmas Tree Sales, which provides that the Planning Department may issue the zoning permit providing the lot is in compliance with the conditions outlined under Section 125.22 of the Zoning Ordinance. It was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, to proceed to Item No. 26 on the agenda at this time. APPROVAL OF PAYROLL WARM LIST FOR PERIOD ENDING MAY 1~ 1966, WARRANTS NO. 14102 THROUGH 14164: It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to approve the Payroll Warrant List for the period ending May 1, 1966, Warrants No. 14102 through 14164, in the total amount of $15,578.00. The following roll call vote was taken: AYES: 5 COUNCILM~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None APPROVAL OF COMMERCIAL WARRANT LISTt WARRANTS NO. 14101 and 14165 THROUGH 14221: It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to ~prove the Commercial Warrant List, Warrants No. 14101 and 14165 through 14221, in the total amount of $21,319.16. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None RECESS: It was moved by Councilman Harvey, seconded by Councilman Kanel, 0o declare a recess at the hour of 5:30 p.m. until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilmen Bowen, Harvey, McCarney, and Noe ABSENT: Councilman Kanel May 9, 1966 Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Public Works Director Arthur Schatzeder, Administrative Assistant Darrell Dalton, Building Superintendent Tom Nudson, Police Chief George Savord, and 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. COUNCILMAN KANEL ARRIVED AT 7:33 P.M. AND TOOK HIS CHAIR ON THE PODIUM RESOLUTION OF COMMENDATION AND PRESENTATION OF COMMUNITY SERVICE PLAQUE TO FORMER CITY COUNCILMAN PETER D. GORZEMAN: Former Councilman Gorzeman not being present, it was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, to proceed to Item No. 3 at this time. RESOLUTION OF COMMENDATION AND PRESENTATION OF COMMUNITY SERVICE PLAQUE TO FORMER COUNCILMAN MARK L. WRIGHT: It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to approve the following Resolution, title as follows: RESOLUTION NO. 692 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR. MARK L. WRIGHT FOR HIS SERVICE TO THE COMMUNITY The following roll call vote was taken: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Mayor Noe asked former Councilman Wright to come to the front of the City Council Chambers and then read in full Resolution No. 692 and presented Mr. Wright with a Community Service Plaque and a signed copy of the Resolution. Mr. Wrightexpressedhis appreciation for this commendation. RESOLUTION OF COMMENDATION AND PRESENTATION OF COMMUNIT] SERVICE PLAQUE _Tcr FORMER PLANNING COMMISSIONER A. CARL DE PIETRO: It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to approve the following Resdntion, title as follows: RESOLUTION NO. 693 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING SERGEANT FIRST CLASS A. CARL DE PIETRO FOR HIS SERVICE TO IE COMMUNITY The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None Councilman Kanel stated that due to serious health problems, Mr. De Pietro would not be present and had asked him to accept the Resolution on his behalf. Mayor Noe read in full Resolution No. 693 and presented a Community Service Plaque in recognition of community service, along with a signed copy of the Resolution. Councilman Kanel addressed the Council on behalf of Mr. De Pietro, stating that Mr. De Pietro has enjoyed working on the Planning Commission and he has always endeavored to do his best for the community. RESOLUTION OF COMMENDATION AND PRESENTATION OF COMMUNITY SERVICE PLAQUE TO FOR~R PLANNING COMMISSIONER ROBERT C. HARVEY: It was moved by Councilman McCarney, seconded by Counclman Kanel, and unanimously carried, to adopt the following Resolution, title as follows: RESOLUTION NO. 694 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING ME. ROBERT C. HARVEY FOR HIS SERVICE TO THE COMMUNITY May 9, 1966 " 189 The following roll call vote was taken: AYES: 4 COUNCILMEN: Bowen, Kanel, McCarney, and Noe NOES: 0 COUNCILHEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED:i COUNCIL~fiEN: Harvey Mayor Noe read in full Resolution No.694 and presented Mr. Harvey with a Community Service plaque. Councilman Harvey stated that it was gratifying to serve wi~the other gentlemen on the Planning Commission and he is now looking forward to working with the members of the City Council. It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to continue the presentation of the Resolution of Commendation to former Councilman Gorzeman. CONTINUATION OF PUBLIC HEARING RE: FLY BREEDING AT 4711 LINCOLN AVENUE: The Mayor announced this was the time and place for the continuation of the Public Hearing ~ 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, and asked if anyone in the audience wished to speak for or against the fly abatement. Mr. Ray Edgefly, District Sanitarian for the Orange County Health Department, addressed the Council, stating that he had inspected Mr. Koopman's dairy this date and found that he had conformed to the provisions of the City Code relating to fly control. He indicated that Mr. Koopman had cleaned the remaining portions of the pens and had corrected the wet pens, and from the standpoint of the Health Department, had complied with the correction notices. Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, stating that he has appeared before the Council on numerous occasions to protest the fly problems in the City. Mr. Visca presented a newspaper which had been laying in his yard, giving evidence of the many fly specks which occur on homes, cars, and clothing. He also read sections of a publication entitled "Flies are Your Problem" and urged the Council to consider the fly problem as it relates to the residents of Cypress. There being no further oral protests and no written communications, the Mayor declared the lhblic Hearing closed. In answer to a question from Councilman Harvey, the City Attorney advised that the appropriate Council action would be to determine whether or not a condition contrary to the provisions of the City Code exist and whether the County Health Officer may abate that condition. Councilman Harvey stated that after hearing Mr. Edgerly's report concern- ing Mr. Koopman's abatement of the fly nuisance, he was satisfied that Mr. Koopman had complied with the Code. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to determine, on the basis of the evidence presented, that no proceedings for abatement will be required on Mr. Koopman's dairy at 4711 Lincoln Avenue, Cypress. The following roll call vote was taken: AYES: 5 COUNCIL}tEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None With reference to the fly problem, Councilman Kanel stated he feels it is unfortunate that the.~oblems reach ~e point of requiring Pdtic Hearings to consider the nuisances, and emphasized that some dairies never have problems. }~y 9, 1966 PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE RE: WALLS ON REVERSE CORNER LOTS: 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 125.9 to permit a wall, fence, or hedge to be maintained in any "R" zone on the side property line on the side street side of any reverse corner lot, initiated by the Cypress Planning Commission. The Mayor declared the Public Heraing open and requested the staff to present its reports. The City Manager reported that the affidavits of publication of the Notice of Public Hearing were on file ~n the Office of the City Clerk, and also 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 construction of block wall fences on reverse corner lots, and requesting an opportunity to discuss this matter with the City Council. The Secretary of the Planning Commission presented Planning Commission Resolution No. 322, recommending approval of the subject amendment to the Zoning Ordinance, which provides that on reverse corner lots, a six-foot fence may be located anywhere on the lot except on those areas comprising the required front yard providing a triangular area of 15 feet is provided for safety vision on the side street side of such lot. Mayor Noe asked if anyone in the audience wished to speak concerning the proposed amendment. Mr. H. B. Curry, 6154 Fred Drive, Cypress, addressed the Council concerning his desire to build a block wall on his property, which is a reverse corner lot, stating that he does not feel he should have to comply with the regulations of the proposed amendment due to the circumstances on his particular property. The Secretary of the Planning Commission reviewed for the Council the conditions which exist on Mr. Curry's property, and advised Mr. Curry that he could apply for a variance from the requirements of the Zoning Ordinance. The City Attorney advised the Council that the issue before the Council was not consideration of any one particular corner lot, but whether the City should adopt an Ordinance concerning the construction of walls on reverse corner lots throughout the city. Following further discussion concerning the proposed Ordinance, it was moved by Councilman Harvey, 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, "SECTION 125.9 WALL, FENCE OR HEDGE MAY BE MAINTAINED" BY ADDING A PROVISION ALLOWING FOR CONSTRUCTION AND/OR MAINTENANCE OF A WALL, FENCE, OR HEDGE ON THE SIDE PROPERTY LINE ON THE STREET SIDE OF A REVERSE CORNER LOT. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to approve the first reading of this Ordinance. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe TRAFFIC SIGNAL AGREEMENT--BALL AND HOLDER: A report dated May 5, 1966, was presented from the City Manager, outlining the terms of an Agreement prepared by the City of Buena Park for the sharing of costs for construc- tion of traffic signals at the intersection of Ball Road and Holder Street. The estimated cost of the project for the City of Cypress is $2,500.00. May 9, 1966 It was moved by Councilman Kanel and seconded by Councilman Bowen, to approve the Agreement as outlined in the City Manager's report for the installation of traffic signals at Ball and Holder, between the City of Cypress and the City of Buena Park, and authorize the Mayor to sign and City Clerk to attest the subject Agreement. Prior to voting on this motion, further discussion was held. In answer to an inquiry from Councilman Harvey, the Public Works Director explained the type of signal to be installed and outlined the need for the proposed signal. The City Manager stated that the signal installa- tion should be completed prior to the opening of the Cypress Junior College. The following roll call vote was taken on Councilman Kanel's motion: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None FIRST READING ORDINANCE RE: FLY CONTROL AND PROTECTION OF PUBLIC HEALTH: A report dated May 5, 1966, was presented from the City Manager, transmitting a proposed Ordinance relating to Fly Control and Protection of Public Health. The proposed Ordinance would change the definition of a fly breeding hazard, create a Fly Abatement Board, and provide for a reduction in the time required to conduct the abatement hearing to ten days. Mr. Robert Stone, representing the Sanitation Division of the Orange County Health Department, addressed the Council, stating that the proposed Ordinance is a radical departure from the existing Fly Control Ordinance, particularly since it does not provide for criminal prosecu- tion for persons who violate the Ordinance. He pointed out that the new Ordinance would shorten the time required for enforcement and provides a much tighter definition of what constitutes a fly breeding hazard. With reference to the abatement procedure, he stated that it does involve the connnitment of City personnel and equipment, since the Health Department is not set up to do abatement work with the exception of the application of chemicals, and recommended that this factor be considered in the adoption of this Ordinance. In answer to a question from Councilman McCarney, concerning the abatement of breeding of flies in alleys, Mr. Stone stated that this would also be controlled by the proposed Ordinance if the source of breeding can be determined. Discussion was held concerning the penalties for not complying with the proposed Ordinance. The City Attorney outlined the ~oblems with the present Ordinance which does provide for c~minal prosecution for violators. In answer to a question from Councilman Harvey, Mr. Stone outlined the equipment and manpower which would be required for abatement proceedings, and indicated that there is a shortage of commercial cleaning firms for this type of work. He stated that the County is in a position to supply the necessary insectiside and spraying equipment, and possibly a skiploader. The City Manager indicated that possibly members of the City's street crew could be used for operating equipment, but outside help would have to be obtained for the~*hafidlabof work. Further discussion ensued concerning the costs of the required equipment for abatement of fly nuisances. Mr. Frank Visca, 5782 Lime Avenue, Cypress, ~ddressed the Council, suggesting that the City Council pass an Ordinance requiring that citizens have their garbage picked up, thereby also reducing the potential fly problem resulting from garbage cans. With reference to the proposed Fly Abatement Board, Mr. Vista recommended that the membership of the Board consist of three citizens appointed at large. Discussion was held concerning the status of the cattle feed yard located on the south side of Cerrttos Avenue. Mr. Stone explm~ned the problems which had been encountered in ser,ing the abatement notice to the owner of the feed yard. May 9, 1966 Following further discussion, 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. AN ORDINANCE OF THE CITY OF CYPRESS AMENDING CHAPTER 13, ARTICLE II OF THE CYPRESS CITY CODE, RELATING TO FLY CONTROL AND PROTECTION OF PUBLIC HEALTH It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to approve the first reading of this Ordinance. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None Councilman Kanel requested a clarification concerning the appointment of the Fly Abatement Board established in the new Ordinance. The City Attorney advised that the appointment of the Board would be by the City Council as a whole. AUTHORIZATION FOR ABATEMENT ACTION AT PIG FARM~ 4891CERRITOS: Upon the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to consider the condition which exists at 4891Cerritos Avenue, Cypress, with reference to an existing pig farm. The City Manager reported that in February of 1965, Mr. George Roa, 4891Cerritos Avenue, Cypress,was notified that as of May P, 1966, he was to have the operation of a pig farm removed from his property. An investigation of the property conducted on this date indicates that there are still ten pigs on the property. The City Manager recommended the possibility of instructing the City Attorney to prepare a temporary restraining order if on May 17th the pig farm is still in operation. Following brief discussion, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to request the City Attorney to "file an appropriate action to abate the pig farm at 4891Cerritos Avenue, if it is determined that there are still pigs on the property on May 17, 1966". The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None REQUEST FROM JUNIOR WOMEN'S CLUB RE: ASSISTANCE IN COMMUNITY PROJECT: At the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to consider a request received from the Junior Women's Club of Cypress. The City Manager stated that Mrs. Robert Cardoza, of the Junior Women's Club, had requested assistance from the City in a program sponsored by the Junior Women's Club whereby several teachers from Europe will be coming to the United States and staying in the homes of various Cypress citizens for several days. The assistance requested could be in the form of allocating funds for a trip to Disneyland or Knotts Berry Farm. The City has also been requested to have the Mayor officially greet the visitors and perhaps to provide a tour of the local housing develop- ments and other points of interest in the City. Mrs. Robert Cardoza addressed the Council, outlining the program con- templated by the Junior Women's Club, and advising that in a conversa- tion with Mr. McBride, President of the Chamber of Commerce, it had been suggested that an amount of $200.00 be designated as a combination donation from the fund appropriated for Chamber of Commerce promotional activities. May 9, 1966 193 Following discussion concerning this matter, it was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to authorize the City staff to provide any assistance required by the Junior Women's Club in this program and authorize a maximum expenditure of $500.00 in conjunction with the allocation previously authorized for the Chamber of Commerce, to assist in this program. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN:'None REQUEST FROM FEDERAL LITTLE LEAGUE RE: FENCES FOR COMMUNITY SPORTS CENTER: Upon the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, to consider a request from the Federal Little League at this time. The City Manager presented a communication dated May 9, 1966, from Mr. Louis L. Selby, President of the Federal Little League of Cypress, offering to give $2,000 to the City of Cypress to be used for the purchase of three baseball diamond outfield fences for the Community Sports Center providing the balance would be paid for by the City of Cypress or some other public agency. If purchased, the Federal Little League has stipulated that the fences would become the property of the City of Cypress. Considerable discussion ensued concerning the type of fencing~ desired, with particular reference to the possibility of using the fencing for other purposes. The City Manager pointed out that the desired fencing could be relocated. Mr. Tom Fitzgerald, Executive Vice President for the Federal Little League of Cypress, addressed the Council, outlining the need for the subject fences in order to qualify for tournament play. Mr. Art Anderson, 4312 Jade Avenue, Cypress, addressed the Council, reviewing the type of fencing which now exists at the Cypress Park for the baseball diamonds. Councilman Kanel acknowledged the offer of the Federal Little League to contri~.ut~ to this program but stated he does not feel money should have to be expended by the Little League for such a project. Further discussion was held concerning the desired fence, with a suggestion made that the current chain link fence along Knott Street south of Cerritos, which is to be removed shortly, could possibly be used for this project; however, Mr. Fitzgerald pointed out that installing permanent fencing of this nature would preclude the use of the Community Sports Center for a football field. Mrs. Kay Gutzman, 10251 Noel Street, Cypress, addressed the Council, stating that both the Community Sports Center and the Cypress Park are being used by the Little Leagues, and requested that the City Council give some consideration to the girls softball leagues, which are presently utilizing unmarked school ground facilities. In answer to a question from Councilman Harvey, the City Manager stated that the proposed fencing would be used as outfield fencing during the baseball season and at other times would be used for fencing off areas for other sports activities. Mr. Tom Fitzgerald again addressed the Council, suggesting that since the Sports Center is a community park, a schedule could be worked out to provide a time for the girls softball league to utilize the sports center. In answer to a question from Councilman Kanel, Mrs. Gutzman advised that there were approximately 108 girls in the softball league. Mr. Arthur Anderson again addressed the Council, suggesting the possibility of the Park District and City working with the Cypress School District to improve the school baseball facilies. May 9, 1966 Mr. Chester Gutzman, 10251 Noel Street, Cypress, addressed the Council, stating that he feels the Community Sports Center should be available on an equal basis for all organizations in the City. The City Attorney explained the Agreement between the City and the Cypress Park and Recreation District concerning the Community Sports Center, whereby the Park District has assumed the responsibility for operation of the facility, and pointed out that the City has no authority concerning the maintenance and operation of the facility. Mrs. Kay Gutzman again addressed the Council, stating that if the school diamond~ could be marked, it would be much better for the girls softball league. It was moved by Councilman Kanel, seconded by Councilman Bowen, and carried, to instruct the staff and City Attorney to prepare an amendment to the Joint Powers Agreement between the City and the Park District, to provide for an expenditure in an amount not to exceed $4,000 for the purchase of portable fencing approved by the Cypress Park and Recreation District Director, which can be used on a year-round basis. The following roll call vote was taken: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, and Noe COUNCILMEN: Harvey COUNCILMEN: None Councilman Harvey explained that he had voted against this motion as he feels the fencing will be confined to one particular group, and that he would be in favor of such an expenditure if it were goimg to be used 365 days of the year and by more than one organization. Councilman Kanel stated that he would disagree with Councilman Harvey, since the bleachers recently authorized for the Community Sports Center will not be used 365 days of the year. It was further moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to direct the City staff to work with the Cypress School District and the Cypress Park and Recreation District concerning a~program of improvement to the baseball diamonds on the school grounds for use by such organizations as the girls softball league, and further to authorize an expenditure of an amount not to exceed $300 for this project. The following roll cai1 vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None INVITATION FROM CYPRESS BOBBY SOX SOFTBALL LEAGUE RE: OPENING DAY CEREMONIES: Upon the request of the City Manager, it was moved by Coundlman Kanel, seconded by Coundlman Harvey, and unanimously carried, to consider this matter at this time. The City Manager presented a communication dated May 7, 1966, from Mrs. Mary Witham, Secretary of the Cypress Bobby Sox Softball League, inviting the members of the City Council to the opening day ceremonies for the Cypress Bobby Sox Softball League to be held on Friday, May 13, 1966, at the Cypress Park. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. REQUEST FOR WAIVER OF ADMISSIONS TAX, LADIES DAY AT THE RACE COURSE: At the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, to consider a request received from the Los Alamitos Race Track at this time. The City Manager stated that he had been contacted by officials from the Los Alamitos Race Track, requesting that a waiver of the City Admissions Tax be granted for the 1,958 ladies who had been admitted free of charge in honor of Mothers Day, at the race track on Friday, May 6th. The approximate amount of admissions tax involved would be $391.60. May 9, 1966 The City Attorney advised that the City Code does not provide for waiver of the admissions tax for events of this nature--only for charitable, educational, or non-profit organizations; therefore, the City Council can take no action on this request. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to receive and file this request. URGENCY ORDINANCE R/E: TRAILER PARKS IN HIGHWAY COMMERCIAL ZONE: Upon the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, to consider the matter of trailer parks in the Highway Commercial Zone at this time. The City Manager stated that it has been brought to the staff's atten- tion that serious consideration is being given to the construction of a trailer park in the Highway Commercial Zone. He pointed out that under the current provisions of the Zoning Ordinance, no conditions could be placed on such a development, such as fencing requirements, drainage fees, and other conditions which are normally applied to residential development. The City Manager suggested the possiblity of the City Council considering this matter on an emergency basis. Mr. Arthur Anderson, 4312 Jade Avenue, Cypress, addressed the Council, asking if it is correct that trailer parks are not required to pay property taxes on the individual trailers. The City Manager confirmed this statement. The City Manager emphasized that this matter requires study by the staff, however, recommended the possible adoption of an interim Ordinance to cover this matter until completion of the required study. In answer to a question from Councilman Kanel, the City Manager stated that the emergency was based on the possibilty that prior to completion of the necessary studies, a building permit could be applied for and would have to be issued under the provisions of the existing Ordinances, and there would be no provision for conditions to be applied for the required safeguards for such a development, as is the case in the filing of residential tentative tract maps. Following further discussion concerning this matter, the Mayor declared a recess at 10:15 p.m. in order to allow the City Attorney time to draft an emergency ordinance concerning this matter. The Mayor called the meeting back to order at 10:28 p.m., all City Councilmen being present. At the request of Councilman Harvey, City Attorney Erickson read in full an Urgency Ordinance which will require Conditional Use Permits for the construction of Mobile Home Courts in the Highway Commercial Zone. Title of the Ordinance is as follows: ORDINANCE NO. 310 AN URGENCY ORDINANCE OF THE CITY OF CYPRESS AMENDING SUBSECTION "W" OF SECTION 114.2 OF ORDINANCE NO. 90, AS ENDED, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, RELATING TO MOBILE HOME COURTS It was moved by Councilman Harvey, seconded by Councilman Bowen, and carried, to adopt this Urgency Ordinance. The following roll call vote was taken: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, and Noe COUNCILMEN: McCarney COUNCILMEN: None The City Attorney explained that this Ordinance would be effective for a period of 90 days. May 9, 1966 196 It was further moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to direct the Staff to initiate a permanent amendment to the Zoning Ordinance, which would be in the form of a Public Hearing before the Planning Commission and City Council, in order to enact the provisions of Urgency Ordinance No. 310. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None SCHEDULING OF INTERVIEWS FOR PLANNING COMMISSIONER VACANCIES: It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to consider the scheduling of interviews for the two vacancies which now exist on the Planning Commission at this time. Following discussion concerning this matter, it was agreed by all members of the City Council, to schedule interviews with prospective Planning Commissioners for 3:00 p.m. on Monday and Tuesday, May 16 and 17, 1966. Upon the request of Councilman Kanel, the City Manager stated that he would contact all previous applicants, advising them of the present vacancies on the Commission. AUTHORIZATION TO PURCHASE FILL MATERIAL FOR CIVIC CENTER SITE: Upon the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to consider this matter at this time. The City Manager stated that the recent removal of 1½ feet of debris from the Civic Center site has created a low area which will require additional fill material. The city has received an excellent price for 2,000 cubic yards of material at 50¢ a yard, placed on the site. The City Manager further explained that there is momey budgeted for this type of work, however, he would like authorization from the City Council to issue a Purchase Order for the fill material. The Public Works Director explained the procedures involved in obtaining the fill material and advised that the offer at 50¢ per load is extremely reasonable. The City Council expressed no objection to the issuance of a Purchase Order for the required fill material. ORAL COMMUNICATIONS: Councilman Kanel suggested the possiblity of amending the Ordinance pertaining to the Order of the City Council agenda, to allow a time for oral communications to be presented at the first portion of the 7:30 p.m. session of the Council meeting. No oral communications were presented at th~ time. ADJOURNMENT: There being no further business to come before the City Council at this time, it was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, the meeting adjourn at 10:47 p.m. ATTEST: ClTY THE ¢l Y OF CYPRESS May 9, 1966