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Minutes 66-07-11|NDEX~D MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD July 11, 1966 The City Council held a regular meeting on July 11, 1966, in the City Council Chambers, 5172 Orange Avenue, Cypress, California, at 3:00 p.m., Mayor Frank P. Noe presiding. PRESENT: Councilmen Bowen, Harvey, Kanel, McCarney, and Noe ABSENT: None Also present were Acting City Manager Dartell Dalton, City Attorney Leonard Hampel. Deputy City Clerk Dorothy Jones, Public Works Director Arthur Schatzeder, Building Superintendent Tom Nudson, Planning Director George Putnam, and Police Chief George Savord. MINUTES: There being several additions and corrections to be made to the City Council Minutes of June 27, 1966, it was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to postpone the consideration of these minutes until the next regular meeting. STAFF REPORTS AND DISCUSSIONS: Following a discussion of the hazardous condition which has been created in front of the driveways on Newman, east of Walker, the Public Works Director advised the City Council that the situation would be corrected. Following discussion regarding the need for a shelter at the Texaco park, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to place this matter on the agenda following oral communications. During a discussion regarding the desirability of holding a general discussion for the public in reference to the access rights adjacent to the St. Irenaeus Church, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to place on the agenda, following oral communications, a general discussion regarding the dedication of the access rights on Evergreen Avenue and Evergreen Drive. At the request of Acting City Manager Darrell Dalton, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to add to the agenda consideration of the employment list f6r Police officer. During a discussion of the City's Weed Abatement Program Mayor Noe requested an investigation be made of the dumping of materials on the Catholic Church property located north of Lincoln. General discussion was held regarding the proposed amendments to the Agreement between the City and the Cypress Junior College relating to drainage. The Mayor declared a recess at 4:10 p.m. The meeting was called back to order at 4:20 p.m., all City Councilmen being present. Mr. Dalton distributed copies of the recommendations from the City Colors, Motto, and Entrance Sign Committee, which will be presented formally by the Chairman of the Committee at the evening portion of the meeting. General discussion ensued regarding the type of chairs to be purchased in the new City Council Chambers. Following general discussion regarding the continuation of dinner mee~ngs of the City Council and Planning Commission, the City Manager's Office was requested to prepare a report on dinner meetings and compensation paid to City Councilmen and Planning Commissioners in Orange County. July 11, 1966 Further discussion was held concerning the proposed vacation of the access rights on Evergreen Avenue and Evergreen Drive. The City Attorney reviewed the status of the litigation between the City and the Dairymen's Fertilizer Cooperative. RECESS: It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to declare a recess at 5:20 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, Kanel, McCarney, and Noe ABSENT: None Also present were Acting City Manager Darrell Dalton, City Attorney Leonard Hampel. Deputy City Clerk Dorothy Jones, Public Works Director Arthur Schatzeder, Building Superintendent Tom Nudson, Planning Director George Putnam, and Police Chief George Savord. The Mayor announced that the City Council, at its afternoon meeting, had voted to add two items to the agenda after Oral Communications, one concerning the Texaco Park, and the other concerning the vacation of a one-foot strip of land on Evergreen Avenue and Evergreen Drive. ORAL COMMUNICATIONS: Mr. Darwin Otrambo, 5591 Newman Street, Cypress, addressed the Council, stating that he has been hesitant to use his driveway due to a 10-12 inch dip in front of the driveway. He indicated that five driveways on Newman are in a similar condition, and in some locations the curbing is not properly supported. The Public Works Director advised that the contractor who installed the concrete intersection at Newman and Graham had been requested to re- grade the area for proper drainage. During this re-grading work, someone drove behind the barricades, causing a portion of the problems outlined by Mr. Otrambo. He advised that the contractor has been requested to repair the pavement. Mr. Otrambo again addressed the Council, requesting that the curbs also be repaired. Mr. David Church, 4743 Larwin Avenue, Cypress, addressed the Council, requesting the City Council make application to the local Post Office to obtain door-to-door mail delivery for residents in the Tanglewood condominium. Mrs. David Church, 4743 Larwin Avenue, Cypress, addressed the Council, stating that it is her understanding that the directlye of the Post Office Department is under the Jurisdiction of the local Postmaster, who can~ak~ the decision concerning his particular area. Mayor Noe advised Mrs. Church that the City Council had adopted a Resolution protesting the requirement for rural type mailboxes and sent copies to the Postmaster General, Mrs. Lyndon Johnson, and Congressmen from this area. City Attorney Leonard Hampel stated that he would like an opportunity to thoroughly review this matter, following which he would submit a written legal opinion on the alternatives available. Councilman Harvey also suggested that Mr, Hampel communicate directly with Mr. Church concerning this matter. Mrs. Church again addressed the Council, stating that the first unit of the Tanglewood development was receiving door-to-door mail delivery, and also outlined the problems of workhg people getting to the Post Office to pick up their mail between the hours of 8:30 a.m. and 5:30 p.m. July 11, 1966 Captain Joe Sandell, 4517 Lemon, Cypress, addressed the Council, stating that he was present at the last Planning Commission meeting during the discussion concerning the vacation of a one-foot strip of land on Ever- green, and inquired as to why this matter was going to be considered by the Council since the Planning Connnission had continued consideration of this matter. Mayor Noe advised that no action would be taken by the Council at this meeting concerning the Evergreen matter; but the purpose of placing the matter on the agenda was to inform all interested parties of what has taken place. Captain Sandell stated that he would like the answers to the following three questions: (1) What would be the results of taking the one-foot strip of land? (2) Would access on the street be denied? (3) Is thereLany way that the matter can be resolved in an admirable manner? Mr. John Mauny, Peach Avenue, Cypress, addressed the Council, asking if each Councilman would give his opinion concerning vacating the one-foot strip. Mrs. Stuhrenberg, 9661 Salisbury, Cypress, addressed the Council, stating that the only raason she could see for vacating the one-foot strip would be to eliminate the vision obstruction created by the hbck wall next to the driveway, and suggested that this problem could be eliminated by requiring the wall to be constructed in a similar manner to corner resi- dences. Mrs. Nandall, Buena Park, addressed the Council, stating that she had heard incorrect information was being given out concerning the church's contribution to the street improvement costs. Mr. John Poole, 6621 Mr. Palomar, Buena Park, addressed the Council, indicating that a statement had been made at the Planning Commission meeting that the proposed vacation would conform with the Master Plan, and ques- tioned whether the Master Plan was a flexible or rigid plan. Captain Joe Sandell, 4517 Lemon, Cypress, addressed the Council concerning the mail delivery problem, stating that he formerly was employed as a mailman in New Jersey, and door-to-door delivery was made to all the low-income homes. Councilman Harvey emphasized the need to place the responsibility for mail service with the proper Jurisdiction, which is the Federal Government. However, !~hould the City Attorney's research reveal a method whereby the City Council can take action regarding the door-to-~oor mail service, Councilman Harvey stated he would be in favor of such action. No further oral connnunications were presented at this time. SHELTERED AREA FOR TEXACO PARK: Acting City Manager Darrell Dalton advised that the Cypress Park and Recreation District had asked if funds could be made available to provide for a shelter at the Texaco Park, which presently has no shaded areas for planned recreation activities. Mr. Dalton reviewed three proposals submitted by the Park District, all of which would require an allocation. of approximately $450.00. He further reported that approximately $600.00 remained from the original allocation of $7,000.00 for development of the Texaco Park. Following discussion, it was moved by Councilman McCarney, and seconded by Councilman Kanel to appropriate a maximum of $550.00 for the requested shelter at the Texaco Park, with the type of shelter to be determined by the Public Works Department. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None ACCESS RIGHTS TO EVERGREEN AVENUE AND EVERGREEN DRIVE: Mayor Noe requested Acting City Manager Dartell Dalton to review the matter con- cerning obtaining of the access rights on Evergreen Avenue and Ever- green Drive. July 11, 1966 Hr. Dalton advised that the action of the City Council at its meeting of June 27, 1966, was to instruct the City Attorney to negotiate with the representatives of the St. Irenecue Catholic Church in an attempt to expedite the solving of the problem concerning the access rights, and in the mean time, to 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 Dirve. Hrs. Stuhrenberg, 9661 Salisbury, Cypress, addressed the Counc~, asking the background concerning this problem. Hr. Dalton reviewed the action taken by the City Council on the tentative and final tract maps for Tract No. 5337, which contained a condition that access rights along the easterly line of "C" Street and along the northerly right-of-way line of "D" Street, which have now become Evergreen Avenue and Evergreen Drive, be dedicated to the City. He further indicated that the method of vacation was proposed to comply with this condition of the map. Mr. Roger Sullivan, 458 Spring Street, Los Angeles, Attorney representing the Archdiocese of Los Angeles, addressed the Council, expressing appreciation for the City Council considering this matter once again. Mr. Sullivan indicated that consideration should be given to the 4,000 members of the church since more people were involved than the 45 home- owners who would reside in the tract adjacent to the church. He indicated that the City has the police power to control traffic by limit- ing turns and he was sure the parish would cooperate with the City concerning the traffic problems. Mr. Sullivan reviewed the history of the church development and indicated that the church had paid $5,000 to the developer of Tract No. 5337 for construction of one-half of Evergreen Avenue and Evergreen Drive. Mr. Sullivan indicated he felt the City Council could control the traffic by means other than vacatinn of the one-foot strip. He suggested that since so many individuals were in the audience concerning this matter, that a show of hands by those supporting his comments would eliminate the necessity of hearing each person who might wish ~ speak. A great majority of the audience indicated their support of Mr. Sullivan's remarks. Mr. Fissard, 4541 Newman, Cypress, addressed the Council, stating he felt the City Council would be compelled to act in favor of the developer of Tract No. 5337 in the future, if the proposed vacation proceedings are completed. Councilman Kanel stated that he felt the Attorney for the Church and the City Attorney should be allowed to negotiate this matter without having a club hanging over the church's head. Councilman Kanel made a motion to rescind the action taken at the last City Council meeting which authorized the initiation of the vacation proceedings in order to acquire the access rights to Evergreen Avenue and Evergreen Drive. Councilman McCarney seconded the motion. Prior to voting on this motion, further discussion was held. The City Attorney advised that if this motion passed, ~he original condition on Tentative Tract Map No. 5337 concerning dedication of the access rights would still remain and have to be resolved. Mrs. Sarah Balston, 5290 Yorkshire Street, Cypress, addressed the Council, stating that the church has been in existence for three years, and asked if a similar situation could happen to a private citizen who resides next to a vacant lot. City Attorney Leonard Hampel explained the access rights on public streets, emphasizing that the City is not attempting to take the access rights from any street, but is merely trying to regula~ the traffic for safety purposes. Councilman Harvey stated that he would like to make it clear that the intent of the motion at the last City Council meeting was not to take land from the church, but was, upon the request of Mr. Sullivan, to give the City Attorney and Mr. Sullivan an opportunity to meet with the City staff to try to resolve this problem. The second portion of the motion was to initiate the vacation proceedings in order to set a public hearing on this matter at which the citizens could be heard. He indicated that the City Council had not voted to vacate the land, but merely authorized the proceedings necessary to have a Public Hearing and stated he felt Councilman Kanel's motion would prohibit the people from having a Public Hearing. Councilman Harvey further stated that Councilman Bowen had seconded the motion at the last City Council meeting only after being assured that a Public Hearing would be conducted at which individuals could speak concerning the proposed vacation. July 11s 1966 Further discussion ensued among the Council members regarding their feelings on the action taken at the last City Council meeting. Mr. Roger York, 9522 Walker Street, Cypress, addressed the Council, requesting that the City Council vote on Councilman Kanel's motion~ Prior to voting, however, Councilman Harvey requested information as to the position of the City Council if the City Attorney and the Attorney for the church do not resolve the problems within 30 days. The City Attorney stated that the City would be in the same position as it was at the last meeting, namely that:the Council would be required to make a decisbn concerning compliance with the access rights condition placed on the original approval of Tentative Tract Map No. 5337. In answer to a further question from Councilman Harvey, the City Attorney indicated that he is hopeful of working out another method of compliance with this condition in his meeting scheduled with Mr. Sullivan. Councilman Kanel~s motion to rescind the action taken at the last Council meeting, whereby the Public Works Department was authorized to proceed with the vacation and dedication procedure in order to acquire the access rights to Evergreen Avenue and Evergreen Drive was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: None RECESS: The Mayor declared a recess at 8:52 p.m. The Mayor called the meeting back to order at 9:05 p.m., all City Councilmen being present. PUBLIC HEARING RE: WEED AND RUBBISH ABATEMENT REPORT: The Mayor announced this was the time and place for the Public Hearing ~ consider the Weed and Rubbish Report, including maps and billing information, for the work ordered by the Cypress City Council in Resolution No. 699, dated May 23, 1966. The Mayor declared the Public Hearing open and asked the staff to present its reports. The Acting City Manager presented a report dated July 1, 1966, from the Public Works Director, transmitting a Resolution setting forth the assessment charges for weed abatement work performed on various properties throughout the City. Mr. Peter Van Ruiten, whom the City Council allowed to post a bond to guarantee completion of his weed abatement work, has not completed the required work as of this date. The Cypress Elementary School District has also failed to complete the required weed abatement work on some of its properties within the eity. The Mayor asked if anyone in the audience wished to speak concerning the weed abatement program. Mr. Peter Van Ruiten, 9432 Bloomfield Street, Cypress, addressed the Council, stating that due to the hot weather, the Fire Department has not permitted burning of his weeds, and requested an extension of time in which to complete the work. Mrs. Fred Neubauer, 6812 Jonathan, Cypress, addressed the Council concerning a property owner at Ritter and Jonathan whose property had been posted, but not cleaned. She fu~her indicated that the individual has created a nuisance by the parking of old vehicles on the property and in the streets. Planning Director George Putnam indicated that he had advised the subject p~operty owner that he was required to remove the vehicles from the front yard. The staff further advised Mrs. Neubauer that the City has no power over the storage of vehicles in the back yard, but could control the parking of vehicles on the streets under the Vehicle Code. City Attorney Leonard Hampel advised Mrs. Neubauer that the City could bring a Public Nuisance action against an individual if a substantial number of people are affected by the Public Nuisance. If the parking of the vehicles only affects the neighboring property owners, the remedy would be a private action against the party. With reference to the weed abatement work required, he advised that this would be consideredza Public Nuisance. ._ ~ul__y 11, 1966 259 Following brief discussion, it was moved by Councilman Kanel and seconded by Councilman Bowen to instruct the staff to investigate the problem presented by Mrs. Neubauer and submit a report to the Council at the next meeting, advising if Public Nuisance proceedings should be initiated against the subject party. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None Councilman McCarney requested that the Public Works Department investigate the weed nuisance on Forest Law~'s property adjacent to the wall on Lincoln Avenue. Discussion ensued concerning the weed abatement work still required on properties owned by the Cypress School District. Councilman Kanel indicated he felt no action should be taken concerning the School District, since it is a governmental agency. In answer to a question from Councilmen Kanel and Harvey, the City Attorney stated that if an extension is granted for Mr. Van Ruiten, he will still be required to complete the work or forfeit the cash bond he has posted. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried, to grant an extension of time until July 25, 1966, for Mr. Van Ruiten to complete the weed abatement work on his property. It was moved by Councilman Kanel and seconded by Councilman Bowen, to direct the staff to communicate with the Cypress School District concerning the weed abatement work still required on their properties; however, to take no action against the District at this time. Prior to voting on this motion, Councilman Harvey inquired if Councilman Kanel would!like to establish a time limit for the weed abatement work by the School District. Councilman Kanel indicated he did not feel this was required. The ~eyor called for a vote on Councilman Kanel's motion, and said motion was unanimously carried. It was moved by Councilman Bowen and seconded by Councilman Kanel the following Resolution be adopted, title as follows: RESOLUTION NO. 711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING WEED ABATEMENT ASSESSMENTS AND IMPOSING SPECIAL ASSESSMENT AS LIEN ON PARCELS WITHIN THE CITY OF CYPRESS The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None PUBLIC HEARING RE: ADOPTION OF ORDINANCE ADOPTING SUPPLEMENT TO CYPRESS CITY CODE: The Mayor announced this was the time and place for the Public Hearing to consider the adoption of an Ordinance adopting a Revision and Codification of certain ordinances of the City as an amendment to the Code of the City of Cypress, containing certain ordinances ~dopted from March 1, 1965 through September 23, 1965, of a general and permanent nature, as compiled, consolidated, codified, and indexed in Chapters I to 26, inclusive, not less than three copies of which have been on file in the Office of the City Clerk. The Mayor declared the Public Hearing open and requested the staff to present its report. The Acting City Manager reported that the City has now received the first supplement to the City Code, and prior to the adoption of the second =eating of the Ordinance adopting the codification of these Ordinances, the City Council is required to conduct a Public Hearing. JUly 11, 1966 260 The Mayor asked if anyone in the audience wished to speak for or against the adoption of the subject Ordinance. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 316 AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING A REVISION AND CODIFICATION OF CERTAIN ORDINANCES OF THE CITY AS AN A~NDMENT 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 Harvey and seconded by Councilman Kanel to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None COMMUNICATION FROM ORANGE COUNTY EPILEPSY SOCIETY RE: PROCLAMATION OF "EPILEPSY MONTH": The Acting City Manager presented a communication from Mrs. Margaret Rosenbaum, Recording Secretary for the Orange County Epilepsy Society, requesting the Mayor and City Council to proclaim the month of July as "Epilepsy Month"; It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried to grant this request, whereupon Mayor Noe proclaimed July as "Epilepsy Month" in the City of Cypress. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT lIE: MINUTES OF JUNE BOARD MEETING: The Acting City Manager presented a con~nunica- tion dated June 21, 1966, from Mr. Jack Kimball, District Manager of the Orange County Mosquito Abatement District, transmitting the minutes of the Board of Trustees meeting of June 16, 1966. It was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. COMMUNICATION FROM CHAMBER OF COMMERCE RE.: APPOINTMENT OF LANDSCAPING COMMITTEE CHAIP~: The Acting City Manager presented a communication dated June 27, 1966, from Mr. Jack Leneker, Acting President of the Cypress Chamber of Commerce, advising the Council that Mr. Henry Neishi had been appointed Chairman of the Chamber's L~ndscaping Committee. It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. COb~UNICATION FROM METROPOLITAN WATER DISTRICT RE: APPRECIATION FOR SUPPORT OF BOND ISSUE: The Acting City Manager presented a communica- tion dated June 28, 1966, from Mr. Joseph Jensen, Chairman of the Metropolitan Water District, expressing appreciation for the City's support of the $850 million bond issue on the June 7th ballot. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF LICENSE AT THE POUR HOUSE: The Acting City Manager presented a communication from the Department of Alcoholic Beverage Control, notifying the City of a transfer of the on-sale beer license at the Pour House, 4352 Lincoln Avenue, Cypress, to Clarence F. Saunders. It was moved by Councilman Bowen and seconded by Councilman Kanel to receive and file this communication. Prior to voting on this motion, Mr. James O'Hara, 9194 Ethel Street, Cypress, addressed the Council, suggesting that the owner of the Pour House be requested to correct the spelling on the sign outside of the subject establishment. The Police Chief indicated he would speak with the new owner concerning this matter. Mayor Noe called for a vote on Councilman Bowen's motion, and said motion was unanimously carried. ........ Ju__.~.,llm 1966 COMMUNICATION FROM MRS. RICHARD HERNANDEZ RE: OPPOSITION TO VACATION OF LAND ON EVERGREEN AVENUE: The Acting City Manager presented a communication dated July 4, 1966, from Mrs. Richard Hernandez, 10231 Delano Drive, Cypress, voicing her objection to the City vacating a one-foot strip on Evergreen Avenue, stating that she would be out of town during the time of the City Council meeting and would like the City Council to be aware of her opposition. Mr. Dalton suggested that the City Council receive and file this communication since the vacation proceedings referred to by Mrs. Hernandez had been discontinued by an earlier action of the City Council. It was moved by Councilman Kanel and seconded by Councilman Bowen to receive and fil~ this communication. In answer to a question from Councilman Bowen, the Acting City Manager stated that Mrs. Hernandez' communication would be kept in the file concerning this matter and wouId be re-activ~ted should the vacation proceediug~ again be initiated. The Mayor called for a vote on Councilman Kanel's motion, and said motion was unanimously carried. COMMUNICATION FROM STATE CONTROLLER RE: MOTOR VEHICLE LICENSE FEE APPORTIONMENT: The Acting City Manager presented a conm~unication from the State Controller, advising the City Council of the City's apportionment of motor vehicle license fees for the period of June 1, 1965 through May 31, 1966. It was moved by Councilman Bowen and seconded by Councilman Kanel, this communication be received and filed. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None COMMUNICATION FROM JEWISH WAR VETERANS OF ORANGE COUNTY RE: SELECTION OF "MAN OF THE YEAR": The Acting City Manager presented a communica- tion dated July 7, 1966, from Mr. Emery Fried, Commander of the Jewish War Veterans of the United States, Orange County Post 760, requesting that the City Council adopt a Resolution commending Congressman Richard Hanna for having been selected as "Man of the Year" by the Jewish War Veterans. The communication also requests that the Resolution be presented by the Mayor at a testimonial award dinner to be held on August 6, 1966. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to adopt the following Resolution, title as follows: RESOLUTION NO. 712 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CONGRESSMAN RICHARD HANNA ON HIS SELECTION AS "MAN OF THE YEAR" BY THE JEWISH WAR VETERANS OF THE UNITED STATES It was further moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to designate Mayor Noe to attend the testimonial dinner on August 6, 1966, and present the Resolution to Congressman Hanna. REPORT FROM PUBLIC WORKS DIRECTORI~: AMENDMENT TO AGREEMENT BETWEEN CITY OF CYPRESS AND NORTH ORANGE COUNTY JUNIOR COLLEGE DISTRICT RE: DRAINAGE DISTRICT 2-A: A report dated July 1, 1966, was presented by the Public Works Director, outlining a suggestion that the Agreement between the City and the Junior College District for reimbursement of the construction cost of the Juanira-Holder storm drain be amended to allow other more urgently needed facilities to be constructed which would have right of reimbursement before the District, in return for the City agreeing to the extension of the storm drain to Holder Street. The report further reviewed the costs incurred in the construction of the Drainage District 2-A facilities under the terms of the Agreement between the City and the Larwin Company. July 11, 1966 262 In answer to a question from Councilman HcCarney, the Public Works Director stated that the only action required at this time is to request approval of these suggestions by the Junior College District, following which a formal amendment to the Agreement will be drafted and submitted for future Council action. It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to authorize the staff to communicate with the Board of Directors of the North Orange County Junior College District, requesting that the July 1, 1965, Agreement between the City and the District be amended to allow the cost of the following: (a) The design and construction of the Line 2 West Side Drain, and (b) The costs of 2-A Drainage District facilities, consisting of the pump station, sump, outfall line, inlet line from the 2-A channel and appurtenant facilities, in excess of the $270,000, to have priority for reimbursement prior to the existing Reimbursement Agreement between the City of Cypress and the District. CITY COLORS, MOTTO, AND ENTRANCE SIGN COMMITTEE REPORT: In the absence of Mr. Orrin Maybee, Chairman of the City Colors, Motto, and Entrance Sign Committee, the Acting City Manager presented the final report and recommendations of the Committee to the City Council, a copy of which ison file in the Office of the City Clerk. The City Colors recommended are white, green, and gold, and the Motto recommended is "Education-Cooperation-Progress". Also presented was a scale model of the proposed entrance sign, recommended to be placed at the entrances to the City on Valley View and on Lincoln. Councilman Bowen stated he felt some type of commendation should be given to Mr. George Alp, the member of the Committee who did a majority of the design work on the entrace sign. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to direct a letter of commendation to Mr. George Alp, expressing appreciation for the many hours spent in the design of the entrance sign, and also to direct a letter of appreciation to all members who served on the Committee. The City Council also publicly thanked Mr. Alp, who was in the audience, for his work. Discussion ensued concerning the proposed method of financing the entrance signs, with the Acting City Manager advising that a request for funds could be made by the City under the Federal Beautification Program, which should be completed for City Council approval during August. It was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously erried, to take the recommendations of the Committee under advisement. ORDINANCE RE: FOOD HANDLING BUSINESSES: The Acting City Manager presented a report dated JUly 7, 1966, transmitting a proposed Ordinance recommended by the Orange County Health Department regulating food handling businesses. It was moved by Councilman Harvey, 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 COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 13, ARTICLE I OF THE CYPRESS CITY CODE, RELATING TO THE ISSUANCE OF PERMITS FOR FOOD HANDLING BUSINESSES, AND PROVIDING A PENALTY FOR THE VISLATION THEREOF July 11, 1966 It was moved by Councilman Harvey and seconded by Coundlman Bowen to adopt the first reading of this Ordinance. The motion was unanimously carried by the following roll mll vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None BUILDING CODE AMENDMENTS: The Acting City Manager presented a report dated J~ly 7, 1966, recommending adoption of the Appendix of the Uniform Building Code and adoption of a double fee schedule for persons failing to secure building permits under the requirements of the Uniform Building Code. The report further su~marized the six chapters of the appendix to the Uniform Building Code, which has been recommended for adoption by the Orange County Chapter of the International Conference of Building Officials. Since the appendices are adopted by reference, the City Council must conduct a Public Hearing prior to final adoption of the Ordinance. Discussion ensued concerning the proposed double-fee charge for individuals who fail to obtain building permits. Councilman Bowen expressed some concern over this pr~vision as it would apply to a new homeowner who did not realize a permit was required for certain work. It was moved by Councilman McCarney and seconded by Councilman Harvey to continue consideration of this matter until the next regular meeting. Prior to voting on this motion, however, further discussion was held. The BuiJd[ng Superintendent emphasized the need for expediting approval of the appendices to the Uniform Building Code, following which the Acting City Manager suggested the possibility of the Council adopting the first reading of the Ordinance adopting the Appendices, and deleting the section concerning double fees, which could be considered at a future date. Councilman Harvey withdrew his second to the motion, and Councilman McCarney withdrew~s motion. Building Superintendent Tom Nodson stated that the primary purpose of the proposed double fee is to control licensed contractors who construct improvements during the off-working hours without the benefit of a building permit. Following further discussion, it was moved by Councilman Kanel, 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 COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 5, SECTION 5-1 BY ADDING THE APPENDICES OF THE UNIFORM BUILDING CODE AND SECTION 5-2 BY ADDING SUB-SECTION (d) REQUIRING DOUBLE FEE CHARGES. It was moved by Councilman Kanel and seconded by Councilman Bowen, to adopt the first reading of this Ordinance as presented and establish July 25, 1966, at 7:30 p.m. as the time for the Public Hearing concerning the adoption of this Ordinance. Prior to voting on this motion, further discussion was held. In answer to a question from Councilman Bowen, the City Attorney indicated that following the Public Hearing the City Council could make deletions from the Ordinance, however, the first reading of the new form of the Ordinance would have to be held once again. Councilman Kanel's motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None ............ July 11, 1966 EXPIRATION OF PLANNING COMMISSIONERS TERMS: The Acting City Manager presented a report dated July 7, 1966, advising the Council that the terms of Planning Commissioners Robert Borders and John Smith will expire on August 5, 1966. No action is required at this meeting. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, this report be received and filed. AUTHORIZATION FOR SPECIAL FEDERAL CENSUS: The Acting City Manager presented a report dated July 7, 1966, outlining the need for another Special Federal Census in order to obtain the maximum revenues possible from State funds submitted to cities based on population. The estimated cost for the census is $4,202; however, the actual cost to the City will be established based on the final population count. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to authorize the Bureau of Census to conduct a Special Census in the City of Cypress during October 1966, and further authorize the City Manager to sign the formal Agreement for this service. It was further moved by Councilman Bowen and seconded by Councilman Kanel to authorize the expenditure of $1,770 to be forwarded to the Bureau of Census as the initial payment for conducting the census. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCIILMEN: ABSENT: 0 COUNCIL~4EN: Bowen, Harvey, Kanel, McCarney, and Noe None None INSTALLATION OF WATER MAIN--CIVIC CENTER SITE: The Acting City Manager presented a report dated J~ly 7, 1966, reviewing the Southern California Water Company's proposals for water service at the Civic Center site. The Cypress Civic Center Corporation has taken action to authorize the expenditure of $~,100 for the installation of the line md has granted the required easement for installation a~di~maifitenance Oftheline, subject to the lease-hold requirements of the bond indenture. It is also required that the City grant a similar easement to the Southern California Water Company. The Southern California Water Company has also proposed that a Reimburse- ment Agreement be provided if there are others who eventually connect onto the water line. It was moved by Councilman Bowen and seconded by Councilman Kanel to grant an easement for an eight-inch water line which will grant rights to the Southern California Water Company for installation and maintenance of the line to be prepared by the City Engineer, and authorize the Mayor to sign and City Clerk to attest the easement document and further approve a Reimbursement Agreement providing for future connections to the subject water line and authorize the Mayor and City Clerk to sign such an agreement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None JOINT POWERS AGREEMENT BETWEEN CITY OF CYPRESS AND CYPRESS COUNTY WATER DISTRICT RE: BALL ROAD SEWER RELOCATION: The Acting City Manager presented a report dated July 7, 1966, recommending approval of a Joint Powers Agreement between the City and the Cypress County Water District providing for the sharing of costs for the Ball Road Sewer Relocation, as authorized at the City Council meeting of February 14, 1966. The Agreement provides for the costs of the relocation to be shared on the basis of 55.75 percent by the City and 44.25 percent by the District, which is based on the proportion of assessed value of the District lying within the City limits. The Agreement requires competitive bidding for construction of the sewer line. The Agreement has been reviewed and approved as to form by the City Attorney. July 11, 1966 265 It was moved by Councilman McCarney and seconded by Councilman Bowen to approve the Joint Powers Agreement between the City and the Cypress County Water District for the sharing of costs for the Ball Road Sewer Relocation, and authorize the Mayor to sign and City Clerk to attest. Prior to voting on this motion, further discussion was held. Councilman Kanel inquired if the two members of the Council who are also members of the Cypress County Water District Board were going to vote on this matter. Both Councilman McCarney and Mayor Noe indicated they intended to vote on this matter. Councilman Kanel further stated that he was going to vote against approval of the Agreement, since the City Attorney, in a previous meeting, had indicated he felt the Cypress County Water District should be responsible for the costs of this sewer relocation. Councilman McCarney's motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, McCarney, and Noe Kanel None LEASE OF PROPERTY ADJACENT TO PRESENT CITY HALL FACILITIES: The Acting City Manager presented a report dated July 7, 1966, recommending approval of a lease between the City and Mr. Calvin Meekhof for a portion of Mr. Meekhof's property for the placement of a trailer housing the Building and Planning Departments. It was moved by Councilman Harvey and seconded by Councilman Bowen to approve the lease with Mr. Calvin Meekhof in the amount of $5.00 per month for a six-month period with an option for a six-month extension. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None DRAINAGE FEES FOR CONDITIONAL USE PERMIT NO. C-142, TONY MERCURY: The Acting City Manager presented a report dated July 7, 1966, stating that one of the conditions of Conditional Use Permit No. C-142, approved on January 21, 1963, was the payment of $1,445 in drainage fees to the City upon 60-days written notice by the City Council. Due to the construction which has taken place in Drainage District 2-A and the expenses incurred, the Acting City Manager recommended that the Council request the payment of these drainage fees at this time. In answer to a question from Councilman Bowen, Mr. Dalton reviewed the original Conditional Use Permit approved for Mr. Tony Mercury. Discussion ensued concerning the requirement that drainage fees be paid by individual property owners when making additions or changes to their property. The Acting City Manager advised the Council that a study was being prepared by the staff concerning this matter. It was moved by Councilman McCarney and seconded by Councilman Kanel to notify Mr. Tony Mercury in writing that at the end of 60-days, the amount of $1,445 will be due for drainage fees as required by Conditional Use Permit No. C-142. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCaruey, and Noe None None APPROVAL OF PAYROLL WARRANT LIST, WARRANTS NO. 14634 THROUGH 14655: It was moved by Councilman McCarney and seconded by Councilman Harvey to approve the Payroll Warrant List for the Period Ending June 26, 1966, Warrants:No. 14634 through 14655, in the total amount of $15,182.91. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None July 11, 1966 APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 14592 AND 14656 THROUGH 14698: It was moved by Councilman McCarney and seconded by Councilman Harvey to approve the Conm~ercial Warrant List, Warrants No. 14692 and 14656 through 14698 in the total amount of $27,131.97. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None SECOND READING ORDINANCE AMENDING ORDINANCE NO. 90 RE: MOBILE HOME COURTS IN H-C ZONE: It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, SUB-SECTION "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 Councilman McCarney, and seconded by Counciln~n Bowen to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COb~CILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILFU/N: Bowen, Harvey, Kanel, McCarney, and Noe None None SECOND READING ORDINANCE AMENDING ORDINANCE NO. 90 RE: CHRISTMAS TREE SALES: It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 318 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 "PLANNING DEPARTMENT" It was moved by Councilman Harvey and seconded by Councilman Bowen to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None CERTIFICATION OF EMPLOYMENT LIST FOR POLICE OFFICER: The Acting City Manager presented a report dated July 11, 1966, outlining the results of an examination conducted for the position of Police Officer. It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to certify the employment list for Police Officer as submitted. ORAL COMMUNICATIONS: Mr. Earl Buck, 6064 Fred Drive, Cypress, addressed the Council, outlining a drainage problem existing on the east side of Valley View between Fred Drive and Ball Road, asking if there was any type of solution which could resolve this problem prior to ultimate development of the street. The City Council requested the Public Works Department to investigate this matter and submit a report concerning a possible remedy to the problem outlined by Mr. Buck. Brief discussion also ensued concerning a possible future drainage problem at/anita and Ball. July 11, 1966 Mr. Buck also inquired concerning Police Department enforcement of youths throwing beer cans in residential streets aud related an incident which had occured recently on his street. Police Chief George Savord reviewed the authority of the Police Department in this matter, and stated he would be happy to further discuss the matter with Mr. Buck. Mr. Buck further addressed the Council concerning the amendment to the Building Code discussed earlier in the meeting, emphasizing the lack of knowledge on the~rt of new homeowners eoncerning the permits required of them in making home improvements, and suggesting that some type of information pamphlet be prepared for the citizens, outlining the various building permit requirements. Building Superintendent Tom Nudson advised the Council that he is presently preparing a brochure of this nature, and further reviewed the need for various home improvement permits and the manner in which they are inspected by the Building Inspectors. Councilman Bowen suggested that consideration be given to having the Building Inspectors leave a card at residences where inspections are made, informing the homeowner that his property had been inspected. Mr. Peter Van Ruiten, 9432 South Bloomfield, Cypress, addressed the Council, outlining on a topographical map the drainage conditions surrounding his property, and requesting that the City Council give further consideration to the drainage solution for his property. Discussion ensued among the Council members and staff concerning the drainage for the area in question, following which the Public Works Director advised Mr. Van Ruiten that a meeting had been scheduled for the following day with the proposed developer of Mr. Van Ruiten's property and at that time this matter would be more fully discussed. Mr. Henry Neishi, 4114 Lincoln Avenue, Cypress, addressed the Counc~, reviewing conditions required by the City for the development of his property, inquiring concerning the present need for removal of the palm trees in the parkway and the installation of the required street lighting. The Public Works Director explained the conditions referred to by Mr. Neishi, which have been required as a result of a lot split. He indicated that he had previously suggested to Mr. Neishi that a meeting be scheduled with the City Manager to consider the possibility of Mr. Neishi posting a bond to guarantee the required improvements. Following further discussion concerning this matter, the Acting City Manager recom~nended that a report be prepared by the Public Works Director for City Council consideration at the next regular meeting. The City Council concurred in this recor~endation. At the request of the City Coundl, Mr. McGannon, Cypress Postmaster, addressed the Council, explaining the Postmaster General's ruling concerning the requirement for rural mailboxes in new subdivisions. He indicated that his local department has no alternative in mail delivery, but must abide by the ruling of the Postmaster General. ADJOURNMENT: There being no further business to come before the City Council, the Mayor declared the meeting adjourned at 11:45 p.m. MAYOR OF THE CITY O~PP~SS ATTEST: C~TY 'C~E~ 6F ME C~rY OF CYPRESS July 1~ 1966