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Minutes 66-08-08281 MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD August 8, 1966 The Cypress City Council held a regular meeting on August 8, 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 City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, Public Works Director Arthur Schatzeder, Planning Director George Putnam, Police Chief George Savord, and Building Superintendent Tom Nudson. MINUTES: It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, ~o approve the minutes of July 25, 1966, as mailed. STAFF REPORTS AND DISCUSSIONS: The City Manager advised the Council that City Building Inspector Walter A. Payton had completed a course on the requirements of the Uniform Building Code, and presented to Mr. Payton a Certificate of Completion from the International Conference of Building Officials. The City Manager stated that representatives from the architectural firm of William Pereira and Associates were present to discuss the plans for the interior furnishings for the Civic Center. Following a lengthly discussion of this matter between members of the Council and staff and Mr. Langenheim and Mr. Itamura of William Peteira and Associates, it was agreediby the Council to request William L. Pereira and Associates to submit a proposal for professional services required in obtaining the draperies and carpeting for the Civic Center. It was further agreed to request William L. Peteira and Associates to submit recommendations concerning the interior furnishings for the Civic Center, with reference to the possibility of utilizing furniture con- structed by the California Correctional Industries. Following discussion concerning the City Council's desires for the design of the landscaping for the Civic Center, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, tO place this matter on the agenda at this time. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to direct the staff to obtain proposals for the landscaping services required for the Civic Center. Discussion ensued concerning the informal meeting held with the Chamber of Cor~nerce officials regarding the possibility of employing a part-time Chamber Manager. In conjunction with this discussion, Councilman Harvey suggested the possibility of conducting a joint meeting with the Planning Commission to discuss the long-range planning for the City. Mayor Noe declared a recess at 4:25 p.m. The meeting was called back to order at 4:35 p.m., all Councilmen being present. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to place the matter concerning the employment of a Chamber Manager on the agenda at this time. August 8, 1966 282 It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to instruct the City Manager to meet with the Chamber of Con~nerce and submit a proposal to the City Council regarding the employment of a Chamber Manager and staff. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to place the matter of a Joint meeting with the Planning Commission on the agenda at this time. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to schedule a joint meeting between the City Council and the Planning Commission on Monday, August 29, 1966, at 7:30 p.m. The City Manager advised that the proposed annexation of the unincor- porated area within the Cypress Junior College site would be considered by the Orange County Local Agency Formation Commission on Wednesday, August 10, 1966. In answer to an inquiry from the City Manager, the City Council concurred that it should be up to the discretion of the City Manager to allow Department Heads to attend conferences which have been budgeted. The City Council agreed that the payroll checks for City Council members be prepared for distribution on the first of the month following which they are earned. The City Manager advised that he had received a communication dated August 2, 1966, from Mr. Pete Van Ruiten, asking that the,lCouncil with- hold final action on Tentative Tract Map No. 6276 and the drainage study authorized on July 25, 1966. The Council members indicated they felt this cow~unication would not apply to the steps which have been taken by the staff to initiate the previously authorized drainage study. Discussion ensued concerning a letter directed to the Shattuck Construction Company to Mr. Leneker of the Chamber of Commerce, copies of which were mailed to the Council members and the City Manager, requesting that the Shattuck Construction Company cease and desist from further construction of the home on Lot 20 of Tract No. 5072 due to the drainage problems in the subject area. Following discussion concerning the involvement of the City ~ the subject matter, it was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to place this matter on the agenda at this time. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to instruct the City Manager to contact the Shattuck Construction Company to ascertain the situation regarding the matter referred to in Mr. Leneker's communication, and further direct the City Attorney to submit an opinion ~ the Council concerning the contents of the subject communication for consideration at the next City Council meeting. Planning Director George Putnam outlined the problem of a proposed commercial dog kennel to be constructed in Los Angeles County on property formerly owned by the Los Angeles County Flood Control District immediately adjacent to 4241 Emerald Circle. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to place this matter on the agenda at this time. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to instruct the City Manager to direct a communica- tion to the Los Angeles County Board of Supervisors, expressing the desire of the Cypress City Council to prevent the use of the subject property, which is immediately adjacent to a residential dev&lopment in the City of Cypress, as a commercial dog kennel, by adopting an emergency interim ordinance rezoning the property in a manner which would prevent such use of the property as a commercial dog kennel, or by any other appropriate action which may be available to the Board of Supervisors. August 8, 1966 283 EXECUTIVE SESSION: It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to declare a recess at 5:33 p.m. in order to go into executive session with the City Manager and City Attorney to discuss pending litigation. The meeting was called back to order at 5:44 p.m., all Councilmen being present. RECESS: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to declare a recess at 5:45 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 City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, Public Works Director Arthur Schatzeder, Planning Director George Putnam, Building Superintendent Tom Nudson, and Police Chief George Savo~d. ORAL COMMUNICATIONS: Mr. Randy Palmet, representing the Cypress Junior Chamber of..~ommerce, addressed th~ Council, requesting permission to paint house numbers on curbs in the City, and asking that the City Council waive any required fees. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to place -this matter on the agenda immediately following the Oral Communications portion of the meeting. Mr. John Leneker, Acting President of the Cypress Chamber of Commerce, addressed the Council, reading the results of a survey conducted by the Chamber of the service stations within the City of Cypress, a copy of which is on file in the Office of the City Clerk. No further oral communications were presented at this time. REQUEST BY CYPRESS JUNIOR CHAMBER OF COt~ERCE TO PAINT HOUSE NUMBERS ON CURBS: It was moved by Councilman McCarney and seconded by Council- man Kanel to approve the request of the Cypress Junior Chamber of Commerce to solicit from door to door for painting of house numbers on curbs in the City of Cypress and to waive all required fees, subject to the following conditions: The type of paint to be used shall be subject to the approval of the Public Works Director. The size of the stencils to be used in painting the numbers shall be subject to the approval of the Public Works Director. The Junior Chamber must file an official request for exemption from the provisions of the Special Permit Ordinance, with reference to the waiver of the required fees. Prior to voting on this motion, further discussion was held. In answer to a question from Councilman Harvey, Mr. Palmet, of the Cypress Junior Chamber, stated that residents would be advised that this work was being done on behalf of the Junior Chamber of Commerce. August 8, 1966 Councilman McCarney'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 CONTINUATION OF PUBLIC HEARING RE: ADOPTION OF APPENDICES OF UNIFORM BUILDING CODE: The Mayor announced this was the time and place for the Public Hearing to consider the adoption of an Ordinance amending Chapter 5, Section 5-1, of the Cypress City Code adopting by Reference the Appendices of the 1964 Edition, Volume 1, and 1964 Edition, Volume III, Standard, of the Uniform Building Code. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager stated that at the last City Council meeting, the first reading of an Ordinance had been approved which adopted by reference the appendices of the Uniform Building Code, which provided uniformity in building activity. The Mayor asked if anyone in the audience wished to speak for or against the adoption of this Ordinance. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CH~TER 5, SECTION 5-I OF THE CYPRESS CITY CODE BY ADDING THE APPENDICES OF THE UNIFORM BUILDING CODE It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMF/q: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None PUBLIC HEARING RE: APPEAL OF DECISION OF PLANNING COMMISSION ON CONDITIONAL USE PERMIT NO. C-197: The Mayor announced this was the time and place for the Public Hearing to consider an appeal requested by Mr. B. W. Wright, 3109 Volk Avenue, Long Beach, California, of the decision of the Cypress Planning Commission in granting Conditional Use Permit No. C-197, for Mr. Peter Van Ruiten, to allow the construction of a mobile home park on property generally located on the southeast corner of Bloomfield and Lincoln in the H-C (Highway Commercial) zone. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager stated that the affidavits of publication and mailing of the Public Hearing notices were on file in the Office of the City Clerk. He further read in full a communication dated July 15, 1966, from Mr. B. W. Wright, appealing the decision of the Planning Commission and a communica- tion dated July 20, 1966, from Mr. Pete Van Ruiten, copies of which are on file in the Office of the City Clerk. Planning Director George Putnam reviewed Planning Co~ranission Resolution No. 334, approving Conditional Use Permit No. C-197, which permits the construction of a mobile home park at the southeast corner of Bloomfield and Lincoln. The Mayor asked if anyone in the audience wished to speak for or against the subject appeal. August 8, 1966 Mr. B. W. Wright, 3109 Volk Avenue, Long Beach, California, addressed the Council, reviewing the problems encountered in the development of a proposed drive-in theater on the subject property and requesting the City Council to allow additional time which is needed to complete the financial arrangements for the drive-in theater construction. City Attorney James Erickson reviewed the appropriate sections of the Zoning Ordinance pertaining to appeals of Conditional Use Permits and advised that the evidence presented thus far in the Public Hearing was not sufficient for the Council to grant the appeal. Mr. Raymond Miller, 16435 Pioneed Blvd., Norwalk, addressed the Council, stating that Mr. Van Ruiten had advised him that he was in favor of the drive-in theater development on his property. At the request of Councilman John Kanel, Acting President of the Chamber of Commerce, Mr. Leneker, advised the Council that the information he has concerning this matter would be provided by him only if he were subpoenaed in a court action. Following further discussion it was moved by Councilman Bowen and seconded by Councilman Kanel to continue this Public Hearing until the City Council meeting of September 12, 1966. Further discussion ensued prior to voting on this motion. In answer to a question from Councilman Kanel, Mr. Paul Pitts, 4152 Pierson Drive, Huntington Beach, associated with the firm proposing to build the trailer park on the subject property, addressed the Council stating that he had not previously spoken on this matter during the Public Hearing due to the opinion of the City Attorney that there was no basis of appeal of the decision of the Planning Commission. In answer to further questions from Councilman McCarney, Mr. Pitts stated he wastage' of a lawj.suit on the subject property; however, he did not know the ~atus of a lien on the property. He further stated his firm intends to proceed with the trailer park development plans, the timing for which will be governed by the drainage problems encountered on the property. City Attorney James Erickson again stated that he feels no valid basis has been presented in this Public Hearing for reversing the action of the Planning Commission; however, the City Council has the right to continue the Hearing for a period of forty days. Councilman Bowen's motion to continue the Public Hearing on this matter until September 12, 1966, failed to carry by the following roll call vote: AYES: 2 COUNCILMEI: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen and Kanel Harvey, McCarney, and Noe None There being no further written communications or oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Harvey and seconded by Councilman McCarney to deny the appeal of the Planning Commission's decision in approval of Conditional Use Permit No. C-197. 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: APPEAL OF DECISION OF PLANNING COMMISSION ON ZONE CHANGE NO. Z-149 (LARWIN ~UND~ The Ma~or announced this was the time and place for the Public Hearing to consider an appeal of the decision of the Cypress Planning Commission concerning an application for amendment to the Zoning Ordinance No. 90, to change the zone from C-O (Commercial Office) to C-I (Neighborhood Stores) on property generally located at the southwest corner of Ball Road and Moody Street, requested by the Larwin Fund, 9300 Wilshire Boulevard, Beverly Hills, California, known as Zone Change No. Z-149. The Mayor declared the Public Hearing open and requested the staff to present its reports. August 8, 1966 286 The City Manager stated that the affidavits of mailing and publication of the Public Hearing notice were on file in the Office of the City Clerk and read in full a communication dated July 22, 1966, appealing this matter, a copy of which is on file in the office of the City Clerk. Planning Director George Putnam reviewed the request for C-1 zoning at the subject location, stating that the Planning Commission had denied the application for zone change due to the need to reserve the property for C-O uses, The Mayor asked if anyone in the audience wished to speak for or against the subject appeal. Mr. Lee Goldin, representing the Larwin Fund, addressed the Council, spesking in favor of the C-1 zoning on the subject property, stating that his Company is prepared to develop the subject property, as well as that referred to in Zone Change No. Z-148. 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 Harvey, and unanimously carried, to consider Item No. 10 on the agenda at this time. The City Manager advised that at the meeting of July 25, 1966, the Council had continued consideration of Zone Change No. Z-148 concerning the rezoning of a rectangular shaped parcel at the southwest corner of Ball and Moody from C-O to C-1 zoning, as requested by the Larwin Company. Following discussion concerning the future development of the subject two parcels, it was moved by Councilman McCarney, seconded by Councilman Harvey, 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 THE ZONING ORDINANCE BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM C-O (COMMERCIAL OFFICE) TO C-1 (NEIGHBORHOOD STORES), ZONE CHANGE NO. Z-148 It was moved by Councilman McCarney and seconded by Councilman Harvey to adopt the first 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 It was moved by Councilman McCarney, seconded by Councilman Harvey, 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 THE ZONING ORDINANCE BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM C-O (COMMERCIAL OFFICE) TO C-1 (NEIGHBORHOOD STORES), ZONE CHANGE NO. Z-149 It was moved by Councilman McCarney and seconded by Councilman Harvey to adopt the first 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 August 8, 1966 287 PUBLIC HEARING RE: ZONE CHANGE NO. Z-150 (ALBERT C. SYKES): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance No, 90, to change the zone from R-3 (Multiple-family Residential) to C~i (Neighborhood Stores) on property generally located east of the northeast corner of Valley View Street and Orange Avenue, known as 6131 Orange Avenue, requested by Albert C. Sykes, 15756 Woodruff Avenue, Bellflower, California, known as Zone Change No. Z-150. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager advised that the Affidavits of Publication and mailing of the Public Hearing notices were on file in the Office of the City Clerk and no written conmunications had been received concerning the subject Zone Change. Planning Director George Putnam reviewed the subject zone change and stated that the Planning Commission had adopted Resolution No. 336, reconnnending approval of Zone Change No. Z-150. Mr. Don Shaffer, representing the applicant, addressed the Council, speaking in favor of the proposed zone change. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-3 (MULTIPLE FAMILY RESIDEN- TIkL) TO C-1 (NEIGHBORHOOD STORES) ZONE CHANGE NO. Z-150 It was moved by Councilman Bowen and seconded by Councilman McCarney to adopt the first 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 RECESS: The Mayor declared a five-minute recess at 9:00 p.m. The meeting was called back to order at 9:05 p.m., all City Councilmen being present PUBLIC HEARING RE: ZONE CHANGE NO. Z-151 (CYPRESS PLANNING COMMISSION): The Mayor ~nnounced this was the time and place for the Public Hearing to consider the change of zone to delete a C-C (Combining Civic Center) zone on property approximately 100' in width by 1,000' in length running parallel with Orange Avenue from approximately 200' southerly thereof, beginning at Walker Street and running westerly, initiated by the Cypress Planning Commission, known as Zone Change No. Z-151. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager advised that the Affidavits of Publication and mailing of the Public Hearing notices were on file in the Office of the City Clerk and no written communications had been received concerning the subject zone change, Planning Director George Putnam reviewed the subject zone change and stated that the Planning Commission had adopted Resolution No. 337, recommending approval of Zone Change No. Z-151. August 8, 1966 The Mayor asked if anyone in the audience wished to speak for or against the proposed zone change. Mr. Robert Kay, representing the Robert H. Grant Company, addressed the Council speaking in favor of the proposed zone change, stating that he feels there is no need for architectural control of the homes facing on interior streets within the Gra~Company's subdivision. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE BY DELETING TIlE C-C (COMBINING CIVIC CENTER) ZONE ON A CERTAIN PARCEL OF LAND, KNOWN AS ZONE CHANGE NO. Z-151 It was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the first reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: I COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, McCarney, and Noe Bowen None COMMUNICATION FROM FEDERATION FOR COMMUNITY AFFAIRS RE: ISSUANCE OF LIVE ENTERTAINMENT PERMITS: The City Manager presented a communication dated July 21, 1966, from the Secretary of the Federation for Community Affairs, notifying the City Council that the Federation unanimously adopted a Resolution to appose the future issuance of live entertainment permits by the City which would allow employees of taverns and beer halls within the City to perform go-go type dances of a lewd or suggestive nature. It was moved by Councilman Bowen and seconded by Councilman Harvey to receive and file this communication. Prior to voting on this motion, further discussion was held. In answer to a question from Councilman Kanel, the City Manager stated that the Federation for Community Affairs had indicated that their opposition would not pertain to the performance of non-suggestive dances such as might be staged by night club acts, etc. The Mayor called for a vote on Councilman Bowen's motion, and said motion was unanimously carried. COMMUNICATION FROM REV. PETER CASLIN REQUESTING WAIVER OF CONDITIONAL USE PERMIT FILING FEE FOR ST. IRENAEUS CHURCH: The City Manager presented a communication dated July 29, 1966, from Rev. Peter C. Caslin, Pastor of the St. Irenaeus Church, requesting a waiver of the Conditional Use Permit filing fee for the Modification of the Conditional Use Permit required as a result of recent negotiations between the City and the church to satisfy the pro- blem of access rights adjacent to Evergreen Avenue and Evergreen Drive. It was moved by Councilman Harvey and seconded by Councilman Kanel to grant this request, and authorize the waiver of the $50.00 filing fee for the Conditional Use Permit required of the St. Irenaeus Church. 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 .... August 8, 1966 289 COMMUNICATION FROM MAYOR OF BUENA PARK RE: PROTECTIVE ZONING ADJACENT TO CYPRESS JUNIOR COLLEGE: The City Manager presented a communication dated July 29, 1966, from Mayor Jesse M. Davis of Buena Park, advising the City that both Buena Park City Council and Planning Commission intend to establish some type of protective zoning within the contiguous area adjacent to the Cypress Junior College for the purpose of cooperating with the City of Cypress in establishing coordinated architectural civic center controls. It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to present this communication to the Cypress Planning Commission to be considered with the study being prepared by the Planning Department concerning zoning adjacent to the Junior College, and further authorize the City Manager to express the City's appreciation for the City of Buena Park's attitude in cooperating by establishing architectural controls on properties adjacent to the Cypress Junior College. COMMUNICATION FROM ORANGE COUNTY LEAGUE OF CITIES RE: RESOLUTION IN OPPOSITION TO RECOMMENDATIONS OF ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS RE: BUILDING CODE ENFORCEMENT: The City Manager presented a communication from the Executive Secretary of the Orange County League of Cities, transmitting a proposed Resolution to be considered by the Executive Board of the Orange County League of Cities, in opposition to the recommendations of the Advisory Commission on Intergovernmental Relations in its report entitled "Building Codes: A Program of Intergovernmental Reform". The City Manager advised that the City Council, at its meeting of June 27, 1966, had gone on record as opposing the recommendations of the Advisory Commission on Intergovernmental Relations. Mayor Noe indicated that he would attend the Executive Board meeting of the League of Cities and would express the Clty's action on this matter. ACCEPTANCE OF IMPROVEMENTS AND I~LEASE OF BONDSt TRACT NO. 5337 (BARKLEY DEVELOPMENT COMPANY}: The City Manager stated that the Council had continued until this time the acceptance of improvements and release of bonds for Tract No. 5337, located on Moody Street 686' south of Lincoln Avenue and south of the St. Irenaeus Church property, pending the outcome of negotiations regarding the access rights on Evergreen Avenue and Evergreen Drive. The City Manager reviewed the proposed solution to this problem, whereby the St. Irenaeus Church has applied for a modification of their Conditional Use Permit which will provide for the closing of one driveway on Evergreen Avenue and the construction of an additional driveway on Moody Street. With the completion of this work, all conditions of Tract 5337 will have been met. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Kanel to accept the improvements for Tract No. 5337 and authorize the City Clerk to exonerate the Faithful Performance Bonds within 90 days and the Labor and Materials Bonds within 180 days providing no mechanics liens have been filed, subject to the posting of an additional bond to cover the costs of the driveway work required as part of the Modification of Conditional Use Permit No. C-137. The motion was unanimously carried by the following roll call vote: A~ES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None REPORT FROM PUBLIC WORKS DIRECTOR RE: MODIFIED REPORT AND FINAL ASSESSMENT ROLL~ LIGHTING DISTRICT NO. 2: The Public Works Director reviewed a report dated August 3, 1966, transmitting the Modified City Engineer's Report concerning Annexation No. 4 to Cypress Lighting District No. 2 and the final assessment roll for the 1966-67 fiscal year. August 8, 1966 It was moved by Councilman Kanel and seconded by Councilmau Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 715 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE MODIFIED REPORT OF THE CITY ENGINEER OF SAID CITY, DATED AUGUST 8, 1966, PREPARED PURSUANT TO RESOLUTION NO. 563 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NO. 636 OF SAID COUNCIL, AND THE PLAN, SPECIFICATIONS, ESTIMATE AND ASSESSMENTS CONTAINED IN SAID REPORT 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 It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 716 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, LEVYING ASSESSMENTS ON PARCELS OF LAND LOCATED IN TEAT AREA KNOWN AS CITY OF CYPRESS LIGHTING DISTRICT NO. 2 TO PAY FOR THE COST OF THE INSTALLATION, MAINTENANCE AND FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM FOR THE PERIOD FROM JANUARY 1, 1967 THROUGH DECEMBER 31, 1967, PURSUANT TO THE REPORTS OF THE CITY ENGINEER OF SAID CITY ALL IN ACCORD WITH AN PURSUANT TO THE PROVISIONS OF DIVISION 14, PART I, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919" 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 ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS~ TRACT NO. 5372 (LARWIN COMPANY): The City Manager presented a report dated August 4, 1966, from the Public Works Director, recommending acceptance of the improvements in Tract No. 5372, located on the south side of Ball Road between Denni and Moody, north of the Flood Control Channel, as developed by the Larwin Company. It was moved by Councilman Harvey and seconded by Councilman Bowen to accept the improvements in Tract No. 5372 and authorize the City Clerk to release the Faithful Performance Bonds in 90 days and the Labor and Materials Bonds in 180 days providing no mechanics liens have been filed and ~ubJect to the Cypress County Water District's acceptance of the sewer easements and sewers for maintenance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILM~N: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDSs TRACT NO. 5728 (LARWIN COME3NY): The City Manager presented a report dated August 4, 1966, from the Public Works Director, recommending acceptance of the improvements in Tract No. 5728, located on the south side of Ball Road between Denni and Moody Streets, north of the Flood Control Channel, as developed by the Larwin Company. August 8, 1966 It was moved by Councilman Kanel and seconded by Councilman Bowen to accept the improvements in Tract 5728 and authorize the City Clerk to release the Faithful Performance Bonds in 90 days and the Labor and Materials Bonds in 180 days providing no mechanics liens have been filed and subject to the Cypress County Water District's acceptance of the sewer easements and sewers for maintenance. 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 COMPENSATION OF MEbIBERS OF THE PLANNING COMMISSION: The City Manager presented a report dated August 4, 1966, reviewing the results of a survey requested by the City Council concerning the policies of other cities in Orange County regarding compensation for members of the Planning Commission. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Bowen, to adopt the following Resolution providing for compen- sation to Planning Commissioners of $10.00 for each meeting up to a maximum of $20.00 per month. Title of the Resolution is as follows: RESOLUTION NO. 717 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROVIDING FOR THE PAYMENT OF COMPENSATION TO MEMEERS OF THE PLANNING COMMISSION OF THE CITY OF CYPRESS The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILFLEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None It was further moyed by Councilman Bowen and seconded by Councilman Harvey to adopt a statement of policy that dinners, unless called for a special purpose, will not be reimbursed on a regular basis for members of the Planning Cormmission on the days of Planning Commission meetings. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEM: Bowen, Harvey, Kanel, McCarney, and Noe None None CITY COLORS, NOTTOt AND ENTRANCE SIGN COMMITTEE RECOb~ENDATIONS: The City Manager presented a report dated August 4, 1966, suggesting that due to the significance of selecting both the City colors and motto, the City Council may wish to publicly advertise the recommendations of the Colors, Motto, and Entrance Sign Committee prior to official action on the matter. He further recommended that prior to adoption of the recommended entrance sign design, each community organization be contacted to determine whether or not they wish to participate with an organizational sign on the entrance sign. Councilman Bowen stated he would be in favor of taking action on the motto and colors since the matter has been discussed at some length and each of the City organizations were asked to participate on the Committee. Council- man Bowen made a motion to accept the recommendations of the City Colors, Motto, and Entrance Sign Committee and further direct the City Manager to communicate with the various City organizations concerning the availability of space on the City Entrance Signs. Following further discussion regarding the recommendation of the City Manager, Councilman Bowen's motion died for lack of a second. August 8, 1966 292 It was moved by Councilman Harvey and seconded by Councilman McCarney, to authorize the City Manager to prepare the appropriate press releases and an article for the City Newsletter outlining the recormmendatione of the Committee relating to the official City Colors and Motto, and further advise each organization of the Committee recommendations, and request that they indicate their desire to participate with an organizational sign on the City Entrance Sign as recommended by the Committee. 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 Councfinan Harvey requested that the names of the individuals serving on the City Colors, Motto and Entrance Sign Committee be published in the City Newsletter. INTERIM DRAINAGE SOLUTION--VALLEY VIEW STREET BETWEEN FRED DRIVE AND CARBON CREEK CHANNEL: The City Manager presented a report dated August 4, 1966, outlining the results of a study reqeusted by the City Council concerning an interim drainage solution on the east side of Valley View between Fred Drive and the Carbon Creek Channel, whereby the existing ditch could be reconstructed to a grade which will provide relief for the water collecting in this area. Following discussion it was moved by Councilman McCarney and seconded by Councilman Bowen to authorize the Public Works Department to proceed with the interim drainage construction as outlined. 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 Harvey suggested that a communication be directed to Mr. Buck, who had originally brought this problem before the City Council, advising him of the inerim drainage solution approved by the Council. ADDITIONAL DRAINAGE CONSTRUCTION--MOODY AND MYRA PARK SITE: The City Manager presented a report dated August 4, 1966, outlining the need for additional storm drain pipe at the Moody and Myra Park site at a cost of $240.96. In order to expedite the construction work, the staff instructed the contractor to proceed with the installation of the pipe at the unit price quoted in the original proposal. It was moved by Councilman McCarney and seconded by Councilman Bowen to authorize the payment of $240.96 to the Silveri Construction Company for the additional storm drain pipe required at the Moody and Myra Park site. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanet, McCarney, and Noe None None RENEWAL OF CITY TOWING SERVICE--CYPRESS TOW SERVICE: The City Manager presented a report dated August 4, 1966, stating that the Agreement for Towing Services had expired, and recommending renewal of the Agreement for the reminder of the 1966-67 fiscal year with the Cypress Tow Service, based on the same rate schedule as previously approved. It was moved by Councilman McCarney and seconded by Councilman Harvey to renew the designation of the Cypress Tow Service as the City towing service for a period ending June 30, 1967, with the condition that the Cypress Tow Service continue to adhere to the specifications previously approved by the City Council and maintain a rate schedule as outlined in the original proposal submitted by the Cypress Tow Service. The motion was unanimously carried by the following roll call vote: .... ~ugus__~_8, 196~6 293 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None ENGINEERING PROPOSAL FOR WALKER STREET STORM DRAIN DESIGN--DRAINAGE DISTRICT i~A: The City Manager presented a report dated August 4,1966, outlining the med for an engineering study for the design of the WAlker Street storm drain which will be required prior to allowing occupancies in any portion of Tract No. 6194 located at Ball and Walker. The City Manager further reviewed the terms of a proposal for the design of the Walker Street storm drain submitted by the firm of R.M. Galloway Associates. In answer to a question from Mr. Robert Kay, 1665 South Brookhurst Avenue, Anaheim, the Public Works Director mviewed the need for this engineering study. Discussion ensued relative to the employment of an engineering firm which also represents the developer in an adjoining tract. The City Manager stated that the engineering work would be under full control of the Public Works Director. Mr. John Smith, 9399 Esther Street, Cypress, addressed the Council, question- ing the advisability of having various portions of the Master Plan of Drain- age system designed by different engineering firms, thereby losing continuity in the system. Following further discussion, it was moved by Councilman Harvey and seconded by Councilman McCarney to authorize the design of the Walker Street ~torm drain provided for in the Master Plan of Drainage District 1-A~- and further authorize the City Manager to accept the proposal of R.M. Galloway Associates for the engineering design with the amendments recon~nended by the Public Works Department, as outlined in the report. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, McCarney, and Noe Bowen and Kanel None ENGINEERING PROPOSAL--DESIGN FOR WEST SIDE LINE 2 STORM DRAIN: The City Manager presented a report dated August 4, 1966, outlining the need for design of the storm drain designated on the Master Plan of Drainage as the West Side Line 2 Storm Drain, which will allow further development for those properties located north of Ball between Denni and Bloomfield. The report further reviewed a proposal for this work submitted by Sikand Engineering Associates, which is a part of the firm which previously com- pleted the drainage study for District 2-A. Following discussion, it was moved by Councilman McCarney and seconded by Councilman Bowen to approve the engineering design study as outlined in the City Manager's report for the West Side Line 2 storm drain, and further authorize the City Manager to sign an Agreement with the Sikand Engineering Associates for the design of the West Side Line 2 Drain in accordance with their proposal dated August 2, 1966, in the amount of $4,150.00. 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 August 8, 1966 294 JOINT POWERS AGREEMENT WITH NORTH ORANGE COUNTY JUNIOR COLLEGE DISTRICT RE: IMPROVEMENTS ADJACENT TO CYPRESS JUNIOR COLLEGE: The City Manager presented a report dated August 4, 1966, outlining the various off-site improvements which are the responsibility of the City adjacent to the Cypress Junior College site. The representatives from the North Orange County Junior College District have indicated a willingness to include these improvements as a part of their over-all contract for site work at the College, subject to future reimbursement by the City. Following discussion concerning the paving required on the west side of Holder Street and the south side of Orange Avenue, it was moved by Councilman Kanel and seconded by Councilman Harvey to authorize the Mayor to sign and City Clerk to attest a Joint Powers Agreement to be prepared by the City Attorney, providing for the completion of the off-site improve- ment work as outlined in the City Manager's report in cooperation with the North Orange County Junior College District, and further authorize the transfer of $7,000 from the Reserve for Capital Improvements to the account under the Construction Projects portion of the budget entitled "Miscellaneous Stree~ Improvements with Developers." 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 REIMBURSEMENT AGREEMENT--BARKLEY DEVELOPMENT COMPANY, TRACT NO. 5337: The City Manager presented a report dated August 4, 1966, indicating that the excavation, grading, and fencing of the Drainage District 2-A channel south of Tract No. 5337, constructed by Barkley Development Company, has been completed in accordance with the approved plans and specifications and, therefore, would be eligible for reimbursement of costs, in the total amount of $4,886.13. It was moved by Councilman McCarney and seconded by Councilman Harvey to authorize the Mayor to sign and City Clerk to attest the proposed Reimburse- ment Agreement with Barkley Development Company for the drainage facilities outlined in the City Manager's report, said Agreement to be prepared by the City Attorney. 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 AUTHORIZATION TO DEMOLISH EXISTING HOUSE AT 5311 ORANGE AVENUE: The City Manager presented a report dated August 4, 1966, reviewing the results of informal bids received for the demolition of the existing house at 5311 Orange Avenue, which will be required in order to allow the completion of the Civic Center facilities. It was moved by Councilman Bowen and seconded by Councilman Kanel to authorize the demolition of the house at 5311 Orange Avenue by Fowler Equipment, Inc., Orange, California, in the amount of $575.00, and further authorize an appropriation of $500.00 from the Reserve for Capital Improve- ments to the Contractual Services Account of Government Buildings. 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 PURCHASE OF TWO PICK-UP TRUCKS: The City Manager presented a report dated August 4, 1966, transmitting Specifications prepared for the purchase of two one-half ton pick-up trucks, one with a fleetside model pick-up body, and one with an 8' x 8' flatbed pick-up body, both of which were included in the 1966-67 budget. It was moved by Councilman Harvey and seconded by Councilman McCarney to approve the Specifications and ~uthori~e the City Clerk to publish separate notices inviting bids for two one-half ton pick-up trucks with the bid opening for the fleetside body model to be on August 17, 1966, and the bid opening for the 8' x8' flatbed body model to be on September 7, 1966, and delivery for both trucks to be within 45 days after award of the contract. August 8, 1966 295 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 PURCHASE OF TRACTOR AND LOADER: The City Manager presented a report dated August 4, 1966, transmitting specifications prepared for the purchase of a tractor with loader included in the 1966-67 budget for general street maintenance. It was moved by Councilman McCarney and seconded by Councilman Harvey to approve the specifications and authorize the City Clerk to publish the notice inviting bids for a tractor and loader, with bid opening on September 7, 1966, and delivery within 45 days after award of contrct. 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 PURCHASE OF DUMP TRUCK AND DUMP BODY: The City Manager presented a report dated August 4, 1966, transmitting specifications for the purchase of a 2½-ton dump truck cab and chassis and for the dump body to be installed on the cab and chassis, which were included in the 1966-67 budget to aid in the street repair operations of the City. It was moved by Councilman Harvey and seconded by Councilman McCarney to approve the specifications and authorize the City Clerk to publish separate notices inviting bids for the cab and chassis and for the dump body, with bid opening on September 7, 1966, and delivery within 45 days after award of the contract. 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 PROPOSED AMENDMENT TO FLY ABATEMENT ORDINANCE: The City Manager presented a report dated August 4, 1966, recommending approval of an amendment to the Fly Abatement Ordinance, which will allow for the cost of fly abatement work required as a result of the provisions of the Fly Abatement Ordinance, to become a special assessment rather than a lien upon the property. Following brief discussion, 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 AMENDINC CHAPTER 13, ARTICLE II, SECTION 13-10, AND ADDINC SECTION 13-10.1, OF THE CYPRESS CITY CODE, RELATING TO FLY CONTROL AND PROTECTION OF PUBLIC HEALTIt It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt the first 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 ADOPTION OF RESOLUTION ESTABLISHING LABOR RATES IN THE CITY OF CYPRESS: The City Manager presented a report dated August 4, 1966, transmitting a Resolution determining the up-to-dategeneral prevailing rates of wages for public works projects in accordance with Sections 1770 and 1773 of the State Labor Code. August 8, 1966 It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 718 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DETERMINING AND DECLARING THE GENERAL PREVAILING RATE OF WAGES 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 APPROVAL OF PAYROLL WARRANT LIST, WARRANTS NO. 14816 THROUGH 14874: It was moved by Councilman McCarney and seconded by Councilman Bowen to approve the Payroll Warrant List for the period ending July 24, 1966, Warrants No. 14816 through 14874, in the total amount of $15,890.89. 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 APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 14875 THROUGH 149~6: It was moved by Councilman Harvey and seconded by Councilman McCarney to approve the Commercial Warrant List for Warrants No. 14875 through 14916 in the total amount of $9,126.02. Following discussion, the motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: ltarvey, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ' ABSTAINED:I COUNCILMEN: BOwen APPROVAL OF PAYROLL WARRANT LIST~ WARRANTS NO. 14917 THROUGH 14922: It was moved by Councilman Harvey and seconded by Councilman McCarney to approve the Payroll Warrant List for the Month ending July 31, 1966, Warrants No. 14917 through 14922, in the total amount of $718.50. 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 APPROVING ZONE CHANGE NO. Z-147 (CYPRESS PLANNING COMMISSION): It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO P-C (PLANNED COMMERCIAL) ZONE CHANGE NO. Z-147 It was moved by Councilman Harvey and seconded by Councilman Bowen to approve 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 ORAL COMMUNICATIONS: No oral cormaunications were presented at this time. August 8~ 1966 ADJOURNMENT: There being no further business to come before the City Coun~l, it was moved by Councilman Harvey, seconded by Coundlman McCarney, and unanimously carried, the meeting adjourn at 10:50 p.m. MAYOR OF THE CITY(OF CYPRESS ATTEST: CITY CL~ OF ~ CII~Y OF CYPRESS August 8, 1966