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Minutes 66-06-27INDEXE~ MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD June 27, 1966 The City Council held a regular meeting on June 27, 1966, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 3:00 p.m., Mayor Frank P. Noe presiding. PRESENT: Councilmen Bowen, Harvey, McCarney, and Noe ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex, City Attorney Alex Bowie, Administrative Assistant Darrell Dalton, Public Works Director Arthur Schatzeder, Building Superintendent Tom Nudson, Secretary of the Planning Cormnission George Putnam, and Police Chief George Savord. RECESS: It was moved by Councilman ttarvey, seconded by Councftman Bowen, and unanimously carried, to declare a recess at the hour of 3:02 p.m. in order to allow the Audit Committee an opportunity to complete its review of the warrant lists. The meeting was called back to order at 3:07 p.m., all City Councilmen present with the exception of Councilman Kanel. MINUTES: It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to approve the minutes of the Special Meeting of June 8, 1966, as mailed. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to approve the minutes of the Adjourned Special Meeting of June 11, 1966, as mailed. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to approve the minutes of the Adjourned Special Meeting of June 9, 1966, as mailed. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to approve the minutes of the AdjDurned Special Meeting of June 12, 1966, as mailed. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to approve the minutes of the regular meeting of June 13, 1966. ORAL COMMUNICATIONS: Mrs. William Nelson, 6813 Elm Avenue, Cypress, addressed the Council, inquiring as to whether there are any City Ordinances to prevent the use of resident~i streets as bridle paths. Mrs. Nelson outlined the health and fly problem, as well as the unsightliness resulting in the streets due to the use of the residential streets as a bridle path. The City Manager advised that at the present time, the City has no ordinance to control this problem. Councilman Harvey suggested the possibility of contacting the stable from which the horses are rented,asking that individuals be requested not to ride the horses on residential streets. Following discussion concerning this matter, the City Attorney stated that he would investigate possible methods of controlling the subject problem. At the request of the City Council, the City Manager indicated he would communicate with the horse stables, asking that their patrons be requested not to ride on residential streets. June 27, 1966 Mr. Wayne Werley, 6412 Orange Avenue, Cypress, addressed the Council, inquiring as to the reason that his cash bond for street improvements could not be released before the 90-day lien period, stating that he felt no liens could be placed upon the work since all of his bills had been paid. Mr. Worley was advised by the staff that the City Attorney had ruled that no bonds can be released until 90 days following acceptance of the work. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to proceed to Item No. 4, since Items No. 1 through 3 are Public Hearings scheduled for 7:30 p.m. COMMUNICATION FROM CHARLES BRYANT RE: CITY ASSISTANCE IN CONNIE MACK TEAM: The City Manager presented a communication dated April 29, 1966, from Charles Bryant, Director of the Cypress Park and Recreation District, forwarding a communication from Mr. Dick Steutz, in reference to the establishment of a Connie Mack team for high school boys, suggesting that the City might provide financial assistance to a program of this type. The City Manager suggested the possibility of referring this matter to the Cypress Junior Chamber of Commerce, for possible assistance from the funds previously provided to the Junior Chamber by the City. Following brief discussion, it was moved by Councilman Harvey, seconded by Councilman McCarney, and carried, to authorize the City Manager to forward the subject communication to the Cypress Junior Chamber of Commerce, suggesting that the Conhie Mack team would be a suitable project to the considered by the Junior Chamber from funds previously provided by the City. The following roll call vote was taken: AYES: 3 NOES: 1 ABSENT: 1 COUNCILMEN: Harvey, McCarney, and Nee COUNCILMEN: Bowen COUNCILMEN: Kanel COMMUNICATION FROM ORANGE COUNTY STREET NAMING COMMITTEE RE: CHANGING NAME OF EAST WARDLOW ROAD: The City Manager presented a communication dated June 9, 1966, from the Chairman of the Orange County Street Naming Committse, transmitting a letter from the City of Long Beach regardipg their opposition to the suggested change of name of East Wardlow Road to Ball Road. The City Manager stated that since the name change of East Wardlow Road would require the approval of the City of Long Beach, it appears that no further action can be taken on this matter. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM STATE DEPARTMENT OF FINANCE RE: POPULATION ESTIMATE: The City Manager presented a communication dated June 13, 1966, from Mr. Walter P. Hellmann, State Department of Finance, advising the City that the estimated population of the City of Cypress on April 1, 1966, was 18,500. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, this communication be received and filed. COMMUNICATION FROM FRANK MICHELENA RE: ORANGE COUNTY FLOOD CONTROL BOND ISSUE: The City Manager presented a communication dated June 14, 1966, from Mr. Frank G. Michelena, Campaign Manager for the recent Orange County Flood Control Bond Campaign, expressing appreciation for the City's support of the Flood Control Bond Issue. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, this comanunication be received and filed. COMMDNICATION FROM REV. THOMAS E. EDIEt EVANGELISM CRUSADESt INC. RE: EXEMPTION FROM REQUIREMENT OF SPECIAL PERMIT: The City Manager presented a communication dated June 13, 1966, from Rev. Thomas E. Edie, President of Evangelism Crusades, Inc., requesting the City Council to determine that his organization is exempt from obtaining a Special Permit pursuant to the provisions of Section 3-A of Ordinance No. 283, the Special Permit Ordinance. June 27, 1966 The City Manager advised that the original application for exemption had been ~nied by the Police Chief, whose investigation revealed that the City of Los Angeles denied a similar license to solicit based on the fact that solicitors retained 50% of the money collected, which would be in violation of the requirement of the City's Special Permit Ordinance. The City Manager further suggested the possihRity of granting the request for exemption if an audit of the Evangelism Crusades solicitations indicates compliance with the provisions of Section 3-A (1)(b) of Ordinance No. 283. Following brief discussion concerning this matter, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to deny the request for exemption from the requirement of a Special Permit for Evangelism Crusades, Inc. The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Bowen, Harvey, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Kanel COMMUNICATION FROM MENO WILHELMS lIE: TESTIMONEY AT HEARING RE: AIRLINE SERVICE BETWEEN ORANGE COUNTY AND SAN FRANCISCO: The City Manager presented a communication dated June 16, 1966, from Mr. Meno L. Wilhelms, Urbanus Associates, requesting that a representative from the City appear to testify to the advantages for public convenience and necessity from the proposed scheduling of airline service between Orange County and San Francisco. The hearing before the Public Utilities Commission is scheduled from June 28, 1966 through July 1, 1966. Upon the consent of Mayor Pro Tem Harvey, it was moved by Councilman Bowen, seconded by Mayor Noe, and unanimously carried, to appoint Mayor Pro Tem Robert Harvey to appear and testify on behalf of the City of Cypress as to the advantages in providing airline service between Orange County and San Franciso, at 4:00 p.m. on June 29, 1966. COMMUNICATION FROM CHAIRMAN OF CITY COLORSt MOTTOt AND ENTRANCE SIGN COMMITTEE RE: APPROPRIATION FOR CITY ENTRANCE SIGNS: The City Manager presented a communication dated June 16, 1966, from Mr. Orrin Maybee, Chairman of the City Colors, Motto, and Entrance Signs Committee, requasting that the City Council consider an appropriation of $4,000 for the possible installation of four entrance signs during the 1966-67 fiscal year. The City Manager advised that the proposed 1966-67 fiscal year budget provides for an appropriation of $5,250 for Community Promotional Activities, a portion of which could be used for the purchase of City entrance signs. In answer to a question from Councilman Harvey, the City Manager stated that the Con~nittee had forwarded this communication to the City Council so that the Council would be aware of the Committee's recommendations prior to the adoption of the 1966-67 fiscal year budget. Following discussion concerning this matter, the City Council requested the City Manager to advise the Committee of the appropriation provided in the 1966-67 budget forCommunity Promotional Activities, with an indication that funds will be available for the installation of a portion of the entrance signs which may be recommended by the Committee. COMMUNICATION FROM FEDERATION FOR COMMUNITY AFFAIRS RE: TIME OF CITY COUNCIL MEETINGS: It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to consider the communication from the Federation for Community Affairs at the evening portion of the meeting. COMMUNICATION FROM CYPRESS C[b~MBER OF COMMERCE REQUESTING INCREASE IN NUMBER OF POLICE OFFICERS: The City Manager presented a communication dated June 21, 1966, from Mr. L. J. McBride, President of the Cypress Chamber of Commerce, requesting an increase in the Police Department staff. The City Manager outlined the additional staff recommended for the Police Department in the 1966-67 budget, stating that it appears sufficient police personnel have been alloted. June 27, 1966 Mr. Jack Leneker, Acting President of the Cypress Chamber of Commerce, addressed the Council, stating that he was not aware of this request from the Chamber since no official action had been taken by the Chamber as a whole. It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to direct the City Manager to submit the information concerning the increases in Police personnel as provided for in the 1966-67 budget to the Chamber of Commerce. PROCLAMATION OF BOBBY SOX WEEK: The City Manager presented a request from Mrs. Irene Moon, on hehalf of the Cypress Bobby Sox Softball League, requesting the Mayor and Eity Council to proclaim the week of July 11 - 17, 1966, as Bobby Sox Week. It was moved by Councilman Harvey, seconded by Mayor Noe, and unanimously carried, to grant this request, whereupon Mayor Noe proclaimed the week of July 11 - 17, 1966, as Bobby Sox Week in the City of Cypress. PROCLAMATION OF TALL WEEK: The City Manager presented a communication dated June 21, 1966, from Marcia Fowler, Secretary of the Tall Club of Orange County, requesting the Mayor and City Council to proclaim the week of July 4 - 10, 1966, as "Tall Week". It was moved by Coumcilman Harvey, seconded by Councilman McCarney, and unanimously carried, to grant this request, whereupon, Mayor Noe proclaimed the week of July 4 - 10, 1966, as "Tall Week". CONSIDERATION AND ADOPTION OF 1966-67 FISCAL YEAR MUNICIPAL BUDGET: Upon the suggestion of the City Manager, it was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to continue consider of the 1966-67 municipal budget until ~e evening portion of the meeting. REQUEST FOR ALLOCATION OF STATE FUNDS TO IMPROVE VALLEY VIEW CROSSING PROTECTION AT THE PACIFIC ELECTRIC RAILROAD: The City Manager presented a report from the Public Works Director, transmitting copies of a request for allocation of funds from the State Crossing Protection Fund and a Resolution authorizing submission of the request to the Public Utilities Commission for improvement of the Valley View crossing protec- tion at the Pacific Electric Railway. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to approve the request for allocation of State Funds as presented, and further to ad~pt the following Resolution, title as follows: RESOLUTION NO. 705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE SUBMISSION OF A REQUEST TO THE PUBLIC UTILITIES COMMISSION FOR FUNDS FROM THE CROSSING PROTECTION FUND FOR PROTECTION OF CROSSING NO. 6N-22.23 AT THE CROSSING OF THE PACIFIC ELECTRIC RAILWAY AND VALLEY VIEW STREET IN THE CITY OF CYPRESS The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Bowen, Harvey, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Kanel CHANGE IN CITY COUNCIL MEETING LOCATION AND CITY COUNCIL ORDER OF BUSINESS: It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to consider these two matters at the evening portion of the City Council meeting. FLY CONTROL BOARD APPOINTMENTS: A communication dated June 23, 1966, was presented from the City Manager, advising that the recently adopted amend- ment to the Fly Control provisions of the City Code calls for the appoint- ment of ~ Fly Abatement Board, to be composed of three members appointed by the City Council, one a member of the Council, one member from the Planning Commission, and one ~ne resident of the City. June 27, 1966 24O Following brief discussion concerning this matter, it was moved by Counclman Harvey, seconded by Councilman Bowen, and unanimously carried, to appoint the following individuals to serve on the Fly Abatement Board: Councilmen John Kanel, Planning Commissioner Leo Baroldi, and Mrs. Fred Neubauer, 6812 Jonathan Avenue, Cypress. REQUEST FOR ILOCATION OF STATE FUNDS FOR IMPROVEMENT OF CROSSING PROTECTION DEVICE: The City Attorney stated that additional action was required by the City Council in the request for allocation of state funds for the improvement of the crossing protection device at Valley View and the Pacific Electric Railway. It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to authorice the Mayor to sign and City Clerk to attest the Request for Allocation of State Funds. TIle following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Bowen, Harvey, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Kanel APPROVAL OF INSTALLATION OF ANTENNA STRUCTURE--CYPRESS POLICE FACILITY: A report dated June 23, 1966, was presented from the City Manager, stating that the original plans and specifications for the Civic Center facilities had not included the design, assembly, and installation of the police antenna structure. The requirements for this installation have now been coordinated with the Orange County Communications Department, and plans and specifications for the antenna mast structure and interior communica- tions features of the police facility have been completed. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to instruct the City Manager to request the Cypress Civic Center Corporation to proceed with the installation of the interior communications system and construction of the antenna mast for the police facility at an estimated cost of $2,600. The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Bowen, Harvey, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Kanel 1965-66 BUDGET TRANSFERS: A report dated June 23, 1966, was presented from the City Manager, outlining the need for various transfers in the 1965-66 budget. Following discussion concerning the budget transfer required as a result of the litigation costs in the suit against the Dairymen's Fertilizer Cooperative, Inc., it was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to authorize the following transfers in the 1965-66 budget: Transfer d $5,500 from the Reserve for Capital Improvements to the City Attorney Contractual Services account. Transfer of $200 from the Reserve for Capital Improvements to the Sanitary Sewer Contractual ServiCes account. Transfer of $500 from the Reserve for Capital Improvements to the Ball Road Sewer Relocation project. The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEN: Bowen, Harvey, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Kanel LOCAL CONTROL OF BUILDING CODE ENFORCEMENT: A report dated June 23, 1966, was presented from the City Manager, outlining activity on the national level to centralize the building code activity, and reviewing the loss of home rule which could result if Congress concurs with the recommen- dations of the Advisory Commission on Intergovernmental Relations. June 27, 1966 It was moved by Counc~man McCarney, seconded by Councilman Bowen, and unanimously carried, to direct the City Manager to advise the Congressmen from this area of the City's opposition to pre-emption of home rule and request their support in preserving the building code enforcement at the local level. AUTHORIZATION TO CLOSE DENNI STREET SOUTH OF ORANGE AVENUE: A report dated June 23, 1966, was presented from the City Manager, outlining the need to close Denni Street south of Orange Avenue to allow room for the sewer construction adjacent to the Landell School.~ Following brief discussion, it was moved by Councilma~ McCarney, seconded by Councilman Bowen, and unanimously carried, to authorize the closing of Denni Street from Orange Avenue to approximately 2,100 feet south of Orange Avenue for a period of 30 days. ACCESS RIGHTS TO EVERGREEN AVENUE AND EVERGREEN DRIVE: It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to continue consideration of this matter until the evening portion of the meeting. CONSTRUCTION EASEMENT--JUANITA STREET STORM DRAIN: A report dated June 23, 1966, was presented from the City Manager, outlining the need for a construction easement across the easterly 17 feet of the northerly 67 feet of the Denni property adjacent to Juanita Street for the comple- tion of the Juanita Street storm drain required as a ~art of the Cypress Junior College development. Since eminent domain actions were required to obtain a temporary construction easement from Mrs. Denni for the original construction of the storm drain, the City Manager recommended that the City Council authorize an eminent domain action if required for the completion of the storm drain. He pointed out, hornet, that discussions would be h~ld with Mrs. Denni and her Attorney in an attempt to obtain the temporary easement on a negotiated basis. Upon the request of Councilman McCarney, the Public Works Director out- lin~ the area in question, emphasizing the need for such a temporary easement. COUNCILMEN HARVEY REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUMAT 4:15 P.M. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to authorize the City Manager and City Attorney to negotiate an Agreement with Mrs. Denni and/or her representatives, for a temporary construction easement 17 feet wide by 67 feet long on the east side of Juanita Street and further adopt the following Resdution authorizing the eminent domain action if negotiations are unsuccessful. Title of the Resolution is as follows: RESOLUTION NO. 706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR The following roll call vote was taken: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEN: Bowen, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey and Kanel JOINT POWERS AGREEMENT--ORANGEWOOD PARK MAINTENANCE: A report dated June 23, 1966, was presented from the City Manager, stating that Don Wilson Builders has dedicated and improved the 2.7 acre park located at 11166 Reefton Avenue. The Orange County Counsel's office has prepared a Joint Powers Agreement between the City and the Cypress Park and Recreation District which provides for the Park and Recreation District to operate and maintain the park facility. June 27, 1966 It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to authorize the acceptance of the park subject to the final inspection of the facility by the staff. The following roll call vote was taken: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEN: Bowen, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey and Kanel It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to approve the Joint Powers Agreement between the City and the Cypress Park and Recreation District providing that the maintenance and operation of the park will be the responsibility of the Park District, and authorize the Mayor to sign and City Clerk to attest said Agreement. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Bowen, McCarney, and Noe None Harvey and Kanel RENEWAL OF AGREEMENTS WITH ORAI~GE COUNTY FOR FIRE PROTECTION SERVICES AND SOIL MATERIAL CONTROL TESTS: A report dated JUne 23, 1966, was presented from the City Manager, stating that Re existing Agreements between the County of Orange and the City of Cypress for Fire Protection services and Soils and Material Control Tests expire on June 30, 1966. The Orange County Counsel's Office has prepared an Agreement which extends both of these services for a period commencing July 1, 1966, and ending June 30, 1971, upon the terms and conditions as in the original Agreements. The Agreements may be terminated by either party upon 30 days written notice. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to approve the Agreement between the City of Cypress and the County of Orange, extending for a five year term the Agreement for Soils Test and Material Control Tests and the Agreement for Fire Protection Services, and further authorize the Mayor to sign and the City Clerk to attest the subject Agreement. The follo,ing roll call vote was taken: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEN: Bowen, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey and Kanel RECESS: The Mayor declared at 5-minute recess at 4:25 p.m. The meeting was called back to order at 4:30 p.m., all Councilmen being present with the exception of Councilman Kanel and Harvey. RESOLUTION ALLOWING CITY TO UTILIZE ORANGE COUNTY PURCHASING AGENT: A report dated June 23, 1966, was presented from the City Manager, stating that the Resolution allowing the City to utilize the Orange County Purchasing Agent for the purchase of certain supplies and materials expires on June 30, 1966, and recommending that the City adopt a Resolution renewing this service. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to adopt the following Resolution, title as follows: RESOLUTION NO. 707 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING PURCHASES OF CERTAIN ITEMS TO BE MADE FOR THE CITY BY THE PURCHASING AGENT OF THE COUNTY OF ORANGE The following roll call vote was taken: AYES: 3 COUNCILMEN: Bowen, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Harvey and Kanel June 27~ 1966 CONTRACT FOR PERSONNEL SERVICES WITH STATE COOPERATIVE PERSONNEL SERVICES: A report dated June 23, 1966, was presented from the City Manager, stating that the State Cooperative Personnel Services has requested that the existing contract be cancelled and a new contract be executed providing for an up-dating of charges for tests and providing for a termination date. The City is under no obligation to utilize the services of the State Personnel Board; however, there may be occasions to request a test from that agency, which would be less costly than if the City were to prepare its own test. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to cancel the existing contract with Cooperative Personnel Services. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to approve the new contract as outlined by the City Manager between the City and Cooperative Personnel Services, and authorize the Mayor to sign and City Clerk to attest the subject Agreement. The following roll call vote was taken: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEN: Bowen, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey and Kanel COOPERATIVE AGREEMENT BETWEEN CITY AND STA~TE DIVISION OF HIGHWAYS FOR EXPENDITURES CN STATE HIGHWAY PROJECTS: A report dated June 23, 1966, was presented from the City Manager, reviewing a Cooperative Agreement prepared by the State Division of Highways which allows cities to use State funds to finance work performed on State highways under permit and provides for the City to claim matching credit for construction projects which take place on State highways. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to approve the Cooperative Agreement between the City and the State Division of Highways and authorize the Mayor to sign and City Clerk to attest the Agreement. The following roll call vote was mken: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEN: Bowen, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey and Kanel REQUEST TO BOND FOR FEES~ VALLEY VIEW AND ORANGE AVENUE: Upon the suggestion of Mayor Noe, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to continue consideration of this matter until the evening portion of the meeting. ANNUAL REqUALIFICATION FOR PARTICIPATION IN A. H. F. P. PROGRAM: A report dated June 23, 1966, was presented from the City Manager, stating that a Resolution is now required annually for particpation in the Arterial llighway Financing Program, said Resolution to inform the AH.F.P. Advisory Committee of any amendments in the Arterial Highway Master Plan within the City. The only cahnge within the City of Cypress would be the inclusion of Moody Street from Ball Road to Cerritos, which is not presently a part of the County Arterial Highway Master Plan. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 708 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY ARTERIAL FINANCING ADVISORY COMMITTEE TO INCLUDE MOODY STREET FROM BALL ROAD TO CERRITOS AVENUE IN THE COUNTY ARTERIAL HIGHWAY MASTER PLAN The following roll call vote was taken: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEN: Bowen, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey and Kanel June 27, 1966 ORDINANCE ADOPTING REVISION AND CODIFICATION OF ORDINANCES AS AMENDMENT TO CITY CODE: Upon the suggestion of Mayor Noe, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to continue consideration of this matter until the evening portion'of the meeting. CITY MANAGER'S VACATION REQUEST: A report dated June 23, 1966, was presented from the City Manager, requesting that the City Council approve the vacation schedule for the City Manager from Thursday, June 30 through Thursday, July 14, 1966. Following discussion concerning this matter, it was moved by Councilman McCarney, seconded by Mayor Noe, and unanimously carried, to approve the City Manager's vacation from June 30 through July 14, 1966, and to designate Mr. Darrell Dalton as Acting City Manager during the vacation absence of the City Manager. The following roll call vote was taken: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEN: Bowen, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Narvey and Kanel EMPLOYMENT OF TEMPORARY BUILDING INSPECTOR: A report dated June 23, 1966, was presented from the City Manager, outlining the need for Council approval of an emergency appointment of a Building Inspector during the leave of absence of Building Inspector James Wright who was recently injured. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to approve the emergency appointment made by the City Manager on June 20 and authorize continued employment of the Building Inspector until August 31, 1966, or sooner, depending upon the return of Inspector James Wright. CERTIFICATION OF EMPLOYMENT LIST FOR MAINTENANCE MAN II: A report dated June 23, 1966, was presented from the City Manager, outlining the results of an examination conducted for the position of Maintenance Man II. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to certify the employment list for Maintenance Man II as submitted. The following roll call vote was taken: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEN: Bowen, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey and Kanel CERTIFICATION OF EMPLOYMENT LIST FOR CIVIL ENGINEERING ASSOCIATE: A report dated June 23, 1966, was presented from The City Manager, outlining the results of an examination conducted for the position of Civil Engineering Associate. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to certify the employment list for Civil Engineering Associate as submitted. The following roll call vote was taken: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEN: Bowen, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey and Kanel CERTIFICATION OF EMPLOYMENT LIST FOR ASSISTANT SUPERINTENDENT OF PUBLIC WORKS: A report dated June 23, 1966, was presented from the City Manager, outlining the results of an examination conducted for the position of Assistant Superintendent of Public Works. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to certify the employment list for Assistant Super- intendent of Public Works as submitted. The following roll call vote was taken: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEN: Bowen, McCa~'ney, and Noe COUNCILMEN: None COUNCILMEN: Harvey and Kanel June 27, 1966 MONTHLY ACTIVITY REPORT - MAY 1966: It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, the,Monthly Activity Report for May 1966 be received and filed. MONTHLY VARIANCE REPORT OF REVENUES AND EXPENDITURES, MAY 1966: It was moved by Cduncilman Bowen, seconded by Councilman McCarney, and unanimously carried, the Monthly Variance Report of Revenues and Expenditures for May 1966, be received and filed. APPROVAL OF PAYROLL WARRANT'LIST, WARRANTS NO~ 14455 THROUGH 14510: It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to approve the Payroll Warrant List for the period ending June 12, 1966, Warrants No. 14455 through 14510, in the total amount of $14,695.69. The following roll call vote was taken: AYES: NOES: ABSENT: 3 COUNCILMEN: Bowen, McCarney, and Noe 0 COUNCILMEN: None 2 COUNCILMEN: Harvey and Kanel APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO. 14511 THROUGH 14591: It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to approve the Commercial Warrant List, Warrants No. 14511 through 14591, in the total amount of $138,813.11. The folowing roll call vote was taken: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEN: Bowen, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Harvey and Kanel SECOND READING ORDINANCE AMENDING CHAPTER 18 OF THE CITY CODE RE: PERSONNEL: Upon the suggestion of Mayor Noe, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to continue consideration of this Ordinance until the evening portion of the meeting. RECESS: It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to declare a recess at the hour of 4:50 p.m. until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back W order at 7:30 p.m., with the following in attendance: PRESENT: Councilmen Bowen, Harvey, McCarney, and Noe ABSENT: Cpuncilman Kanel Also present were City Manager/City Clerk Dartell Essex, City Attorney Alex Bowie, 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. portion of the meeting. COUNCILMAN KANEL ARRIVED AT 7:33 P.M. AND TOOK HIS CHAIR ON THE PODIUM Mayor Noe advised Councilman Kanel that he had been appointed to the Fly Abatement Board, and asked if he would be willing to accept this appointment. Councilman Kanel indicated he would accept the appointment to the Board. PUBLIC HEARING RE: APPEAL OF DECISION OF PLANNING COMMISSION ON ZONE CHANGE NO. Z-148 (LARWIN COMPANY): The Mayor announced this was the time and place for the Public Hearing to consider an appeal of the decision of the Cypress Planning Commission concefdx~g an application for amendment to the Zoning Ordinance No. 90, to change the zone from C-O (Commercial Office) to C-1 (Neighborhood Stores) on property generally located at the south- west comer of Ball Road and Moody Street, requested by Larwin Fund, 9300 Wilshire Boulevard, Beverly Hills, California, known as Zone Change No. Z-148. June 27, 1966 The Mayor declared the Public Hearing open and requested the staff to present its reports concerning this matter. The City Hanager stated that~e affidavits of mailing and publication of the Public Hearing notices were on file in the Office of the City Clerk, and no communications had been received concerning the appeal. Secretary of the Planning Commission George Putnam advised that the Planning Commission had denied the subject zone change on the bats that there is no apparent ~eed at the present time for any further C-1 zoned property iu the vicinity of the subject property. At the Planning Con~ission meeting it was suggested that the developer consider the possibility of changing the C-1 zoning of the southeast corner, which is also owned by the Lax'win Company, to C-O zoning. If this were done, the Planning Commission would look more favorably upon changing ~e southwest corner zoning to C-1 zoning. The Secretary of the Planning Connnission recommended that if the Council considers granting the C-1 zoning, that the entire parcel be changed to C-1 rather than only the 150' by 150' corner of the subject property. The Mayor asked if anyone in the audience wished to speak for or against the subject zone change. Mr. Lee Goldin, representing the applicant, addressed the Council, stating that there had been a misunderstanding at the Planning Commission meeting, and requested that the City Council refer this zone change back to the Planning Commission. He stated that it is not the intent of the Lax'win Company to split property, but they had only applied for C-1 zoning ou the portion of property which is presently under lease. Councilman McCarney inquired about the previous zoning on the subject property, stating that action had been taken in December of 1963 concerning C-1 zoning at this location, and requested that the staff investigate the action taken at that time. Following further discussion, it was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to close the Public Hearing on this matter, and to refer the zone change request back to the Planning Commission for further study. 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: AMENDMENT TO ZONING ORDINANCE RE: CHRISTMAS TREE SALES: 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 125.22 CHRISTMAS TREE SALES:, amending Subsection "A" to read as follows: "A. That authorization for such use has first been granted by the Planning Department.", initiated by the Cypress Planning Commission. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager stated that the affidavits of publication of the Public Hearing notice were on fil& in the Office of the City Clerk and no written communications have been received concerning the proposed amendment. Planning Commission Secretary George Putnam advised that the Planning Commission had recommended approval of the proposed amendment to the Zoning Ordinance, thereby expediting the granting of permits for Christmas Tree lots. The Planning Commission further recommended the possibility of adding a provision for appeals by applicants for Christmas tree lots if the request is denied by the Planning Department. The Mayor asked if anyone in the audience wished to speak for or against the proposed amendment. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. June 27, 1966 It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to read by title only, an Ordinance amending Section 125.22, of Ordinance No. 90, with Section "A" to read as follows: "A. That authorization for such use has first been granted by the Planning Department provided that any action taken by the Planning Department may be appealed as set forth in Part 24." Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, SECTION 125.22 CHRISTMAS TREE SALES, SUBSECTION "A" CHANGING REQUIREMENT FOR AUTHORIZATION FOR SUCH USE FROM THE "CITY COUNCIL" TO THE VPLANNING DEPARTMENT" It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILHEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILHEN: None COUNCILMEN: None PUBLIC HEARING HE: AMENDMENT TO ZONING ORDINANCE RE: MOBILE HOME COURTS: The Mayor announced this was the time and place for the Public Heating to consider a proposed amendment to the Zoning Ordinance No. 90, Subsection "W" of Section 114.2 PERMITTED BUILDINGS AND USES:, to read as follows: "W. Mobile Home Courts, minimum area three (3) acres; maximum density fifteen (15) mobfie homes per acre, subject to the issuance of a Condi- tional Use Permit.", initiated by the Cypress Planning Commission. The Mayor declared the Public Hearing open and requested th~ staff to5 present its reports. The City Manager advised that the Affidavits of publication 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 subject amendment to the Zoning Ordinance. The Secretary of the Planning Commission stated that the Planning Commission has recommended approval of the subject amendment, which would give the City more control over points of access, landscaping, and architectural treatment of mobile home parks. He further advised that the proposed amendment would take the place of the previously enacted urgency ordinance concerning this matter. The Mayor asked if anyone in the audience wished to speak for or against the proposed amendment. Mr. Pete Van Ruiten, 9432 Bloomfield, Cypress, addressed the Council, asking the reasons for the proposed amendment to the Zoning Ordinance, stating that prior to the enactment of the urgency ordinance, inquiries had been made at the City Hall concerning the development of his property for a mobile home court. The City Manager indicated that in discussing proposed mobile home courts for the City, the staff felt such developments should be subject to a Conditional Use Permit. The Secretary of the Planning Commission emphasized that mobile homes are residential units and as such should be required to pay drainage fees and also be subject to other controls under a Conditional Use Permit, such as points of access, buffering controls, etc. Mr. Van Ruiten again addressed the Council, voicing his objection to the proposed changes. Further discussion ensued concerning a comprehensive study presently being completed by the Planning Department concerning mobile home courts. In answer to a question from Councilman Harvey, Planning Secretary George Putnam stated that any future amendments to the zoning ordinance res~lting from his study would not affect the amendment under consideration at this meeting. June 27, 1966 There being no further oral protests and no ~ritten coumunications, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel, aeconded by Councilman Bowen, 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, SUBSECTION "W" OF SECTION 114.2 PERMITTED BUILDINGS AND USES, TO REQUIRE A CONDITIONAL USE PERMIT FOR MOBILE HOME COURTS IN THE H-C (HIGHWAY COMMERCIAL) ZONE It was moved by Councilmen Kanel, seconded by Councilman Bowen, and unanimously carried, this Ordinance pass its first reading. 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 FEDERATION FOR COMMUNITY AFFAIRS RE: TIME OF CITY COUNCIL MEETINGS: The City Manager presented a communication dated June 17, 1966, from the Secretary of the Federation for Community Affairs, requesting the City Council to reconsider its meeting schedule and, if possible, discontinue the afternoon sessions and hold only evening meetings in order to allow citizens who work an opportunity to attend the meetings. The City Manager stated that Item No. 18 on the agenda concerns;~a possible change in the order of City Council business, which could possibly resolve the problem presented by the Federation for Community Affairs. It was moved by Councilman McCarney, seconded by Councilmen Bowen, and unanimously carried, to coniider Item No. 18 on the agenda at this time. CITY COUNCIL ORDER OF BUSINESS: A report dated June 23, 1966, was presented from the City Manager, reviewing a proposed Resolution changing the order of City Council business to allow for staff reports and discussions to be conducted during the afternoon sessions of the City Council meetings. Oral communications would be changed to the evening portion of the meeting beginning at 7:30 p.m. The City Manager explained that if this order of business is adppted, the primary function of the afternoon sessions would be to review items which may be discussed at future Council meetings; however, the meeting would be an official meeting of the City Council. During the evening portion of the meeting, all public hearings and other official matters of business would be considered. Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the Council, stating that he prefers to hear all actions that take ~lace at the City Council meetings, but it is impossible for him to attend the afternoon sessions. Mr. Pete Van Ruiten, 9432 Bloomfield, Cypress, addressed the Council, stating that he has never noted items on the agenda concerning the City's revenues and expenditures, and inquired as to how he could get this infor- merion. Mayor Noe advised Mr. Van Ruiten that he ~ould obtain all desired information on this nature at the City Hall. At the request of Councilman Harvey, Mr. William Morod, President of the Federation for Community Affairs, addressed the Council, stating that he feels the proposed change in the order of City Council business will resolve the problem, emphasizing that the Federation feels items of general interest should be conducted at the evening portion of the meeting. Following brief discussion, it was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to adopt the following Resolution, title as follows: June 27, 1966 RESOLUTION NO. 709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING THE ORDER OF BUSINESS FOR THE CITY COUNCIL MEETINGS The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCII2{EN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None With reference to the communication from the Federation for Conmunity Affairs, the Council requested the City Manager to send a communication to the Federation, concerning the action taken by the City Council in regard to the Ccuncii meeting order of business. CONSIDERATION OF ADOPTION OF THE i~66-67 FISCAL YEAR MUNICIPAL BUDGET: The City Manager presented the budget document for th~ 1966-67 fiscal year, sun~rizing the City's current financial position, level of service, revenue projections, over-all budget objectives, employee benefits, and proposed capital improvements. The total estaimted revenue for the coming year is $1,401,000.00, with anticipated expenditures totaling $1,186,705.00 leaving an estimated reserve for capital improvements on June 30, 1967, of $214,295.00. The City Manager also presented various charts indicating the breakdown of capital improvements, proposed expendStures and revenues, and the rela- tionship of number of employees to population. Mr. James O'Hara, 9194 Ethel, Cypress, addressed the Council, making inquiries concerning the number of proposed employees in relation to the City's population and concerning sources of revenue. The City Manager indicated that the number of employees had been kept to a minimum and several of the increases proposed this year were due to the relocation to the civic center. Mr. Johm Smith, 9399 Esther, Cypress, addressed the Council, emphasizing the need for more businesses to be located in the City in order to equalize the revenues which will be lost from a future decline in building activity. In answer to a question from Councilman McCarney, the City Manager indicated that the purchase of any items over $2,500 would have to be approved by the City Council in accordance with the City's Purchasing Ordinance. Councilman Harvey stated that during the budget sessions, there was a definite awareness on the part of the City Council members that the current facilities at the City Hall are inadequate for optimum operation by the City staff. He indicated that he was very interested in the future revenues and expenditures of the City and felt the proposed position of Finance Director would relieve the City Manager of the financial responsibilities, thereby allowing more time for the development of long-range plans for the City, with particular reference to encouraging the location of industry and other commercial interests in the City. Mr. Pete Van Ruiten, 9432 Bloomfield, Cypress, addressed the Council, inquiring concerning the amount of money in the various drainaga funds. The City Manager advised that drainage funds are kept independently and are used solely for the construction of drainage facilities. In answer to another inquiry from Mr. Van Ruiten, the City Manager outlined the costs incurred in the installation of the sump and pump station at Ball and Denni. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 710 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1966, AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ICTIVITIES CARRIED ON UNDER SUCH FUNDS. June 27, 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 CHANGE IN CITY COUNCIL MEETING LOCATION: A report from the City Manager was presented, dated June 23, 1966, reviewing an emergency Ordinance providing for the change of meeting place for the City Council from the present location to the Oxford Junior High School, 5172 Orange Avenue, Cypress. 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. 314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-2 OF THE CYPRESS CITY CODE DESIGNATING THE TIME AND PLACE FOR THE MEETINGS ON THE CITY COUNCIL Discussion ensued concerning the school policy that smoking not be allowed by members in the audience, with the City Manager advis~ that the School officials had insisted upon this regulation. It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, this Ordinance be adopted. The folioring roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None RECESS: The Mayor declared a five-minute recess at 9:25 p.m. The meeting was called back to order at 9:30 p.m.,all City Councilmen being present. ACCESS RIGHTS TO EVERGREEN AVENUE AND EVERGREEN DRIVE: A report from the City Manager was presented, d~ted June 23, 1966, reviewing the following condition required in approval of Tentative Tract Map No. 5337, located between Grindlay and Moody: "Access rights along the easterly line of "C" Street shall be dedicated to the City on the final map and the access rights along the northerly right of way line of "D" Street shall also be dedicated to the City on the final map". "D" and "C" Streets finally changed to Evergreen Avenue and Evergreen Drive. The purpose of the dedication was to control the ingress and egrees to the residential street south of the church parking lot. Since the access rights were not dedicated on the final map as required by the City Council and Planning Commission, the City requested the Archdiocese of Los Angeles to dedicate the access ~ights, except for the existing driveways on Evergreen Avenue; however, the church has advised the City that they are definitely not willing to make this dedication. The City Manager indicated that access rights could be acquired by the City if a one-foot strip of land is vacated imauediately adjacent to the church property on the north side of Evergreen Avenue and on the east side of E~ergreen Drive. The vacation would return the ownership of the one-foot strip to the developer of Tract No. 5337 and simultaneously the City would receive an irrevocable offer of dedication of this one-foot strip from the developer, which would include access rights for the City. The City Manager emphasized the need for the City to have control over the amount of traffic generated on the residential streets, stating that this procedure would not effect the existing driveways for the garages once church property. The Public Works Director ontlined the area in question, outlining the problems created by the heavy use of a residential street, which is not as wide or constructed in the same manner as an arterial street. June 27, 1966 Mr. Roger Sullivan, 458 South Spring Street, Los Angeles, Attorney representing the Archdiocese of Los Angeles, addressed the Council, stating that the City is asking to take the rights of legal access from the subject streets, which could be considered as inverse condemnation. Hr. Sullivan expressed the church's desire to cooperate with the City, and requested that this matter be continued for a period of 30 days to see if something could be worked out to the mutual satisfaction of the church and City. Hr. Sullivan suggested the possibility of controlling the traffic from the parking lot by use of traffic control signs. He further stated that he was speaking for other individuals in the audience, and requested a'show of hands from the audience for those who supported his request for a continuation of 30 days on this matter. A large number of individuals in the audience indicated their support of this request. City Attorney Alex Bowie stated he has never known of a vacation of a street to give rise to any complaint of inverse condemnation, and advised that the Council must determine whether or not to restrict the access rights to the subject streets. Mr. Sullivan again addressed the Council, indicating that if the City proceeds with the vacation as recommended, it is likely that the church will submit a request for compensation. He again stated that the church would like to cooperate with the City iu arriving at a solution to the problem. The City Attorney suggested the possi~lity of the Council authorizing the staff to meet with representatives from the Catholic church concerning this problem, but at the same time, begin the vacation proceedings which, due to the various requirements, involve considerable time. Mr. Bill Delgado, Cypress, addressed the Council, inquiring if the City would have the power to erect a one-foot concrete wall in the one-foot strip to block egress from the driveway, if the vacation proceedings were comp~ed. The City Attorney stated that rather than erecting such a wall, probably only a restraining order would be placed against using the driveways. He further advised Mr. Delgado that the City was merely trying to proceed in a manner to fulfill the original conditions imposed by the Planning Commission and City Council. Mr. Ortez, 10191 Hardel, Cypress, addressed the Council, asking if Grindlay Street would handle the great volume of traffic resulting from the church. Mr. Putnam advised that Grindlay is designated as a residential collector street with a 60-foot right-of-way. Mayor Noe stated that he felt the staff and City Council, after thoroughly studying this situation, were interested in the same result as the members of the church, that being a better flow of traffic in the subject area. Councilman Harvey stated that when Tentative Tract Map No. 5337 was originally before the Planning Commission, there was considerable concern over the traffic flow in the adjacent streets. He indicated that the traffic matter is a serious consideration which might not be completely resolved to the satisfaction of everyone involved, and ~ated that there might be a difference of opinion between the church and the individuals who will reside in the homes across the street from the church concerning the use. Councilman Harvey further indicated that perhaps the homeowners will feel the privacy of the public street is being temporarily invaded on Sunday mornings. It was moved by Councilman Harvey to instruct the City Attorney to negotiate with the representatives of the St. Ireuaeus Catholic Church in an attempt to expedite the solving of this problem, and in the mean time, authorize the Public Works Department to proceed with the vacation and dedication procedure outlined by the City Manager in order to acquire the access rights to Evergreen Avenue and Evergreen Drive. Before seconding the motion, Councilman Bowen inquired if individuals would be allowed to speak concerning this matter at future Public Hearings. The City Manager advised that individuals could be heard at the public hearing which would be scheduled before the City Council at a future date, whereupon Councilman Bowen seconded Councilman Harvey's motion. June 27~ 1966 The motion carried by the following roll call vote: AYES: 3 NOES: 1 ABSENT: 0 ABSTAINED:I COUNCILMEN: Bowen, Harvey, and Noe COUNCILMEN: Kanel COUNCILMEN: None COUNCILMEN: McCarney In answer to a question from Attorney Roger Sullivan, the City Attorney stated that even though Councilman Harvey was a member of the Planning Commission at the time the original Tentative Tract Map in the subject area was approved, this would not prevent him from voting on this matter. REQUEST TO BOND FOR FEES -- VALLEY VIEW AND ORANGE AVENUE: A report {rom the City Manager was presented, dated June 23, 1966, reviewing the action taken on June 13, 1966, whereby Mr. A. C. Sykes was allowed to post a bond for completion of a portion of the street improvements at the southwest corner of Valley View and Orange. Mr. Sykes has now requested that the City Council allow him to post a bond to guarantee the payment of the various fees on the portion of property which is not presently being developed. It was moved by Councilman Harvey and seconded by Mayor Noe, to approve the request of Mr. Sykes to provide a bond guaranteeleg payment of drainage assessment fees, street tree fees, and advance street light energy fees, for that portion of the property which will not be developed at this time, with the condition that these fees will be paid in full at such time as either additional construction takes place on the subject property or construction takes place on the Rgh school property located directly south of the subject property, whichever occurs first, but in any event, within two years. Prior to voting on this matter, Councilman Kanel inquired if this action would be setting a precedent for other individuals who may not be financially able to pay the various required fees. The City Manager advised that no precedent would be set as each individual case would have to be considered by the City Council. Councilman Harvey's motion was carried by the following roll call vote: AYES: 3 NOES: 2 ABSENT: 0 COUNCILMEN: Harvey, Kanel, and Noe COUNCILMEN: Bowen and McCarney COUNCILMEN: None ORDINANCE ADOPTING REVISION AND CODIFICATION OF ORDINANCES AS AMENDMENT TO CITY CODE: A report dated June 23, 1966, was presented from the City Manager, stating that the City has received the first supplement to the City Code and the City Council is now required to adopt an Ordinance codifyleg those ordinances which were adopted prior to the effective date of the original codification of the City Ordinances. The Council is also required to conduct a public hearing for the second reading and adoption of the Ordinance. 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, CALIFORNIA, ADOPTING A REVISION AND CODIFICATION OF CERTAIN ORDINANCES OF THE CITY AS AN AMENDMENT TO THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, PROVIDING FOR THE REPEAL OF CERTAIN OTHER ORDINANCES AND FOR OTHER PURPOSES HEREINAFTER SET FORTH It was moved by Councilman Kanel, seconded by Councilman Bowan, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None June 27, 1966 It was further moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to establish July 11, 1966, at 7:30 p.m. as the time for the Public Hearing concerning the adoption of this Ordinance. The following roll call vote was taken: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMF~: None COUNCILMEN: None SECOND READING ORDINANCE AMENDING THE CODE RE: CHAPTER 18' "PERSONNEL": It was moved by Councilman HcCarney, seconded by Councilman Harvey, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, CHAPTER 18, ENTITLED "PERSONNEL" It was moved by Councilman Harvey, seconded by Councilman Bowen, 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 ORAL COleIUNICATIONS: Mr. John Blum, 4291 Agate Circle, Cypress, addressed the Council, reading a letter on behalf of the citizens of Cypress, and especially those of the Glen Park tract, expressing appreciation for the City's cooperation in the litigation to prevent the locating of a fertilizer stock pile to the north of the City limits. The co~nnunication further conmended the City Attorney's office for its action in the suBJect litigation. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to adjourn the meeting at 10:32 p.m. L/MAYOR OF THE CITY Ol/ CYPRESS ATTEST: CIT~ ~LERK'~)F~THE ~ITY OF CYPRESS June 27, 1966