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Minutes 66-08-22MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD August 22, 1966 The Cypress City Council held a regular meeting on August 22, 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, MeCarney, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, 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 Harvey, and unanimously carried, to approve the minutes of the August 8, 1966, meeting with a correction to the last paragraph on Page 14, to read as follows: "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 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' x 8' flatbed body model to be on September 7, 1966, and delivery for both trucks to be within 45 days after award of the contract." STAFF REPORTS AND DISCUSSIONS: The City Manager advised the Council of the Orange County League of Cities meeting to be held in San Clemente on August 25, 1966, and also stated that dedication ceremonies for the Ball Road station of the Cypress Post Office would be held on Friday, August 26, 1966, at 10:00 a.m. Following discussion concerning the fly problem experienced in various sections of the City, with particular reference to the breeding source of household flies, it was agreed that the City Manager prepare a letter for distribution to the citizens of the city, outlining the fly control problems in the City, and actions which have been taken by the City, and transmitting a bulletin prepared by the Health Department concerning control of household flies. As requested at the last City Council meeting, the City Manager summarized his discussions with representatives of the Shattuck Construction Company regarding construction of the home on Lot 20 of TraCt No. 5072° He also read a communication dated August 15, 1966, from the Shattuck Construction Company to Mr. Leneker, of the Chamber of Commerce, concerning construction on Lot 20 of the subject tract. City Attorney James Erickson advised that the City should not become involved in any agreements entered into between the property owner and developer. The City Manager advised that a meeting would be scheduled during September between members of the City Staff, Orange County Health Department, and the argricultural business owners in the City, in order to review the provisions of the newly enacted Fly Abatement Ordinance and current methods recommended by the Health Department for effective fly control. The City Manager reviewed the actions taken by the City in an effort to prevent the construction of a dog kennel adjacent to property at 4241 Emerald Circle, stating that the City's request would be considered by the Los Angeles Regional Planning Commission on August 23, 1966. Following discussion concerning a request from representatives of William L. Pereira and Associates that they be consulted concerning the landscaping concepts for the Civic Center, it was agreed to consider William L. Perkira and Associates along with the other landscape architect firms submitting proposals for the Civic Center landscape design. August 22, 1966 299 The City Manager reviewed a memorandum from the Public Works Director, relating to the Orange County Flood Control District's maintenance of the Carbon Creek Channel and their willingness to relocate the fences adjacent to the channel. He also pointed out that the Orange County Mosquito Abatement District sprays the channel weekly in an effort to reduce mosquito breeding. Discussion ensued concerning a need to enforce the City's Ordinances requir- ing that trash cans be removed from the alleys within a specified period of time, with particular reference to the residential area north of Orange Avenue. It was agreed that the City staff direct a letter to the residents concerned, advising that the City's Ordinance concerning this matter will be enforced. Discussion was held concerning the need to adopt a policy on enforcement procedures for individuals violating the Building Code, with reference to either using civil proceedings or criminal proceedings. The City Attorney indicated his preference to utilizing criminal proceedings, which would be considerably less time-consuming and less costly to the City. The Mayor declared a recess at 4:12 p.m. The meeting was called back to order at 4:24 p.m., all City Councilmen being present. Following further discussion concerning Building Code enforcement, the City Manager indicated he would prepare a report for City Council considera- tion, summarizing the various methods of enforcement. The City Manager advised that the Cypress School District had voted to table action in awarding a contract for removal of the weeds and debris from the school site on Denni Street. He further empahszied the hazardous condition of the subject property, stating that the City had not required ttiSproperty to be cleaned in the regular weed abatement program since the School District had expressed a desire to do the work. It was moved by Councilman Harvey, seconded by Councilman Kanel, 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 City Manager to communicate with the Cypress School Board, requesting that they proceed with the cleaning of the school property located on the west side of Denni Street, north of Orange Avenue, inasmuch as the City Council had previously authorized the removal of this property from the list of those to be cleaned under the City weed abatement program, based on the representation made by the School District that the property would be cleaned by a private contractor. Mr. Jack Leneker, Acting President of the Cypress Chamber of Conunerce, addressed the Council concerning the proposed contract between the City and the Chamber of Commerce scheduled for consideration at the evening portion of the meeting, setting forth his feelings concerning various aspects of such a contract. The Clty Manager outlined a matter which had been brought to the staff's attention regarding the street lighting system for the Cypress Junior College District. A change in policy by the Southern California Edison Company has prompted the Junior College District to consider:an Edison- owned system, which would be considerably more costly to the City than a City-owned system. Following discussion concerning this matter, 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 and seconded by Councilman Bowen, to authorize the submi~al of a communication to the North Orange County Junior College District Board of Trustees, requesting that either the Board proceed under the original commitments for a City-owned street lighting system adjacent to the Cypress Junior College, or that the Distr~ct reimburse the City for the annual difference in the street light energy and maintenance costs between the City-owned system and the Edison-owned system. The motion was unanimously carried by the following roll call vote: ~ugust 22, 1966 3OO AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None The City Manager reviewed a recent action taken by the Cypress Park and Recreation District Advisory Board in which consideration is being given to reorganization of the District to allow for a locally-elected Board of Directors. He further suggested that the Council request the Park District Advisory Board to delay any further action on this matter, pending the results of a comprehensive Park and Recreation study to be presented by the staff to the City Council in the near future. Following further review of this matter by the City Attorney, it was moved by Councilman Bowen, seconded by Councilman harvey, and unanimously carried, to place this matter on the agenda at this time. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to instruct the City Manager to communicate with the Advisory Board of the Cypress Park and Recreation District, requesting a delay in the submission of recommendations to the Board of Supervisors regarding the possible reorganization of the Park and Recreation District, in order to allow time for the study now under way by the City to be presented to and reviewed by the City Council. The City Manager advised that the examination process for the position of Finance Director had been completed, and that Mr. Grissom, formerly with the City of Mohrovia, had been appointed Finance Director effective September 12, 1966. RECESS: It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to declare a recess at 5:33 pom. Unfil 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, Public Works Director Arthur Schatzeder, Planning Director George Putnam, Building Superintendent Tom Nudson, and Police Chief George Savord. AWARD OF CONTRACT FOR PURCHASE OF PICK-UP TRUCK: The City Manager presented a report dated August 18, 1966, outlining the results of bids received on August 17, 1966, for the purchase of one fleetside model pick-up truck, a copy of which is on file in the Office of the City Clerk. It was moved by Councilman Harvey and seconded by Councilman Bowen to award the contract to the lowest and best bidder, Smith Ford Company, 12801 Brookhurst Avenue, Garden Grove, in the total amount of $1,888.97, for the purchase of one 1967 one-half ton pick-up truck. 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: There were no oral communications presented at this time. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT TRANSMITTING MINUTES FROM JULY MEETING: The City Manager presented a communication dated July 29, 1966, from the Orange County Mosquito Abatement District, transmitting a copy of the July 21, 1966, Board Meeting minutes. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, this communication be received and filed. ....... ~_u_gu__st_ 22~ 1966 · "301 COMMUNICATION FROM CITY OF SAN JUAN CAPISTRANO RE: CURBSIDE MAIL DELIVERY: The City Manager presented a communication dated August 5, 1966, from the City of San Juan Capistrano, transmitting an Ordinance prohibiting the erection of certain structures within the public rights-of-way in an attempt to discourage the policy of the Postmaster General in requiring curbside mail delivery service. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM CITY ATTORNEY R~: CURBSIDE MAIL DELIVERY: The City Manager presented a communication dated August 5, 1966, from James Erickson, City Attorney, setting forth the results of a study concerning the Postmaster General's requirement of curbside mail delivery in new subdivisions. Also presented was a communication from the City Attorney, dated August 11, 1966, regarding a proposed law-suit to be filed by the City of Pleasanton, contesting the validity of the federal-local relations regarding the Postmaster General's moratorium on extending door-to-door mail service to new subidivisions. The City Attorney indicated that the City of Pleasanton has requested other cities to participate in this litigation; however, he would recommend that the Council take no action at this time. The City Council concurred in the City Attorney's recommendation that he keep the Council advised as to the status of the curbside mail delivery program. COMMUNICATION FROM LONG BEACH COMMUNITY HOSPITAL AUXILIARY RE: WAIVER OF ADMISSIONS TAX AT RACE TRACK: The City Manager presented a communication dated August 8, 1966, from Mrs. Carleton Peters, Chairman of the Horse Show Committee of the Long Beach Community Hospital Auxiliary, requesting a waiver of the admissions tax for the Benefit Horse Show to be h~ld at the Los Alamitos Race Track on September 8, 9, 10, and 11, 1066. The organization has filed evidence which indicates their status as a non-profit corporation. It was moved by Councilman Harvey and seconded by Councilman Bowen, to grant the reqeust and authorize the waiver of admissions tax for the Benefit Horse Show sponsored by the Long Beach Community Hospital Auxiliary. 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 VISITING TEACHERS UNDER AMERICAN HOST PROGRAM EXPRESSING APPRECIATION TO CITY: The City Manager presented a communication dated August 9, 1966, from the twelve visiting foreign teachers under the American Host Program sponsored locally by the Cypress Junior Woman's Club, expressing appreciation for the kindness and consideration given to them by the community. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, this conmunication be received and filed. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: PROCLAMATION OF NATIONAL HIGttWAY WEEK: The City Manager presented a communication dated August 9, 1966, from the League of California Cities, transmitting a Resolution declaring September 18 - 24, 1966, as National Highway Week. There being no objections on the part of the Council, Mayor Noe proclaimed the week of September 18 - 24, 1966, as National Highway Week in the City of Cypress. COMMUNICATION FROM CYPRESS JUNIOR WOMAN'S CLUB RE: PROCLAMATION OF TEACHER RECOGNITION WEEK: The City Manager presented a communication dated August 10, 1966, from Mrs. Edward Sison, Education Chairman of the Cypress Junior Woman's Club, requesting the Mayor and City Council to proclaim the weeks of September 4 - 18, 1966, as Teacher Recognition Weeks in the City of Cypress. August 22, 1966 302 There being no objection on the part of the City Council members, Mayor Noe proclaimed the weeks of September 4-18, 1966, as Teacher Recognition Weeks in the City of Cypress. COMMUNICATION FROM ECCO GENERAL CONTRACTORS RE: PAYMENT FOR CONSTRUCTION OF 2-A DRAINAGE FACILITIES: The City Manager presented a communication dated August 16, 1966, from Mr. Don W. Schmid, Ecco General Contractors, requesting information regarding the payment for work complted in conjunction with the construction of the sump and pump station in Drainage District 2-A. The City Manager explained that payment for this work by the Larwin Company had been withheld until final City acceptance of the improvements, which will be considered later in the meeting. It was moved by Councilman Harvey and seconded by Councilman Bowen, to authorize the City Manager to notify Mr. Schmid of the acceptance of the improvements at such time as the City Council takes action on this matter. 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 CITY OF BUENA PARK RE: FLOOD CONTROL DISTRICT BOND ISSUE: The City Manager presented a communication dated August 17, 1966, from the City of Buena Park, transmitting a Resolution recommending and urging the Orange County Board of Supervisors to submit the Orange County Flood Control District Bond Issue to the vote of the people at the earliest possible date. It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt a similar Resolution, title as follows: RESOLUTION NO. 719 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECOMMENDING AND URGING THE ORANGE COUNTY BOARD OF SUPERVISORS TO SUBMIT THE ORANGE COUNTY FLOOD CONTROL DISTRICT BOND ISSUE TO THE VOTE OF THE PEOPLE AT THE EARLIEST POSSIBLE DATE 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 CONSIDERATION OF TENTATIVE TRACT MAP NO. 6222 (JOHNNY JOHNSON): The City Manager presented Tentative Tract Map No. 6222, 160 lots, 27.50 acres, located north of the Cypress Civic Center between Grindlay and Walker, as requested by Johnny Johnson, 81510ranBethorpe Avenue, Buena Park. Planning Director George Putnam reviewed the subject map and outlined the conditions of approval recommended by the Planning Commission. He indicated that the applicant has submitted this tract under the Optional Design Standards of the Subdivision.Ordinance and is making better utilization of the land by installing an underground storm sewer system in the Tract. Councilman McCarney suggested the possibility of extending the periphery wall on Grindlay for the entire length of the tract. Councilman Kanel inquired as to why the developer of the tract had no applied for a zone change on the parcels prior to filing the map. The Planning Director indicated that the developer had chosen to file the map prior to the zone change application, thus requiring that a condition be placed on the map that the approval be subject to a zone change on the property to R-1 zoning. It was moved by Councilman McCarney and seconded by Councilman Harvey to approve Tentative Tract Map No. 6222 subject to the conditions reconmended by the Planning Commission with the addition of a condition that a block wall be required along Re east side of Grindlay Street for the length of tbe tract. Due to the requirement that approval of an optional design sub- division map receive a two-thirds majority vote of the Council, the motion failed to carry by the following roll call vote: August 22, 1966 303 AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, McCarney, and Nee Bowen and Kanel None It was moved by Councilman Bowen and seconded by Councilman Kanel to deny Tentative Tract Map No. 6222. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen and Kanel' Harvey, McCarney, and Nee None Discussion ensued concerning the reasons for opposition to approval of this map. Councilman Bowen expressed concern over Condition No. 10, which provides that the developer shall be reimbursed for all Master Plan of Drainage facility expenditures above 6% of the value of the gross area of the Tract. He indicated he felt the developer should pay for all the drainage facility expenditures since it was an optional design standard map. He also expressed concern over the outlet onto Grindlay for "B" and "D" Streets. Mayor' Nee stated that there was no requirement that the Councilmen voting in opposition had to disclose their reasons for voting against a matter. Councilman Harvey indicated he was simply desirous of knowing the Councilmen's feelings concerning the subject subdivision. With reference to Condition No. 10, the City Manager explained the method used by the staff in determining the recommended standards of approval for an optional design subdivision. Following further discussion, it was moved by Councilman Kanel and seconded by Councilman McCarney to continue consideration of this map until the Council meeting of September 12, 1966. Prior to voting on this matter, the City Manager advised that due to the time limit involved in approval or denial of a tentative tract map, it would be necessary for the developer to consent to this continuance. Mr. Johnny Johnson, applicant, addressed the Council, stating that he would agree to this continuance, and would request the Council to seriously consider the advantages of the proposed drainage system in this tract. 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 Nee None None ESTABLISHMENT OF 1966-67 CITY TAX RATE: The City Manager presented a report dated August 18, 1966, sturmmrizing the assessed valuation figures of the City of Cypress for the' 1966-67 fiscal year, and recommending that the tax rate remain at $1.00 per $100 assessed valuation. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, the following Ordinance establishing a tax rate of $1o00 per $100 assessed valuation be read by title only, title as follows: ORDINANCE NO. 322 AN ORDINANCE OF THE CITY OF CYPRESS FIXING THE MUNICIPAL TAX RATE FOR THE FISCAL YEAR 1966-67 It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt 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 Nee None None August 22, 1966 304 PROPOSAL FOR INTERIOR FURNISHINGS AT CYPRESS CIVIC CENTER: The City Manager summarized a proposal received from William L. Pereira and Associates dated August 18, 1966, for the interior design services relating to the required carpets and draperies at the Civic Center, at a total cost of $1,400. It was moved by Councilman Kanel and seconded by Councilman Bowen to request the Cypress Civic Center Corporation to authorize William L. Pereira and Associates to provide the interior design services related to the Civic Center carpets and draperies as outlined in their proposal of August 18, 1966, at a cost of $1,400. 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 CHAMBER OF COMMERCE CONTRACT: The City Manager presented a;report dated August 18, 1966, outlining the desirability of the Chamber of Commerce employing a professional Chamber Manager to assist both the Chamber and the City in promoting and attracting commerce and industry to the City and for the coordination of other programs of direct benefit to both the Chamber and the City. The employment of a Chamber Manager would require financial assistance from the City;[Dwever, it is anticipated that monies allocated to the Chamber would be returned in increased revenues to the City. The City Manager further reviewed the terms of a proposed Agreement between the City and the Chamber, and recommended an amount of $10,000 be allocated to the Chamber for the period of September 1, 1966 through June 30, 1967, payable in monthly installments. Discussion ensued concerning the sales tax revenue experienced in the City, and Councilman Kanel suggested the possiblity of a Council Committee being formed to review the work done in another city by the individual proposed to be hired as the Chamber Manager. Councilman Kanel also questioned the desirability of employing a man who was also employed by another City for the same purpose.I The City Manager stated that ~e growing interest expressed by potential businessmen in the City indicated that the City has reached a point where it will need professional help in locating businesses within the City. Mr. L. J. McBride, President of the Chamber of Commerce, addressed the Council, emphasizing the need for employment of a Manager with the required background for attracting business to the community. Mr. William Morod, representing the Federation for Community Affairs, addressed the Council, asking if the promotional efforts proposed for the Chamber Manager would be for the entire Cypress area, or just the City limits. Mr. Morod also suggested the possibility of a professional man being employed by the City, rather than by the Chamber of Commerce, and recommended that a thorough study be given to this matter prior to Council action. Mr. Jack Leneker, Vice President of the Cypress Chamber of Commerce, addressed the Council, reviewing a meeting he had attended with prospective Chamber Manager, Mr. Bill Shepherd, concerning the location of a large business interest in the City. Mr. L. J. McBride again addressed the Council, emphasizing that although unincorporated areas of the County are included in the Cypress Chamber of Commerce, it would be one of the projects of the Chamber Manager to try to interest the property owners in annexing the area to the City. With refernece to the suggestion that the professional manager be employed by the City rather than the Chamber, the City Manager explained the desirability of employment being by the Chamber, since developers of prospective business and industry look to the local Chambers of Commerce, in addition to the City government, to determine the desirability of locating in a particular area. The employment of the professioanl manager by the Chamber is also more advantageous as it pertains to promoting future annexations to the City. The City Manager further stated that the proposed contract with the Chamber would define the duties of the Chamber Manager. August 22, 1966 Councilman Harvey indicated he was satisfied with Mr. Shepherd's qualifica- tions, as demonstrated at a meeting with him held by the Chamber of Commerce and the City Council, and further emphasized the need to embark upon some type of promotional program. Mr. L. J. McBride again addressed the Council, stating that the employment of a part-time Chamber Manager would not result in complete withdrawal from Chamber activities by the present officers. Mr. Richard Parker, 4662 Ashbury, Cypress, addressed the Council, posing questions concerning the salary for the proposed Chamber Manager, how much time would be devoted to the City of Cypress, and concerning the payment for such services by citizens of the city. At the request of Mayor Noe, Mr. Bill Shepherd addressed the Council, stating that he has done professional Chamber of Commerce Manager work for many years, and emphasized that if the City is not pleased with his work,~the contract could easily be cancelled, since the payment is proposed on a month-to-month basis. He indicated that his work in another City should not conflict, particularly since the types of businesses desired are completely different. Mayor Noa declared a recess at 9:20 p.m. The meeting was called back to order at 9:30 p.m., all City Councilmen being present. Mayor Noe pointed out that in addition to a Chamber Manager coordinating activities with the various organizations in the City,~here is a need on the part of the community organizations to coordinate projects with each other. In answer to Mr. Parker's questions concerning the salary for the proposed Chamber Manager, the City Manager stated it was proposed to be $500.00 per month, with $250-300 allowed for clerical help. He also indicated that the City will regularly review the programs conducted by the Chamber with the City§ monies, to insure that the benefits are being provided to the City rather than the areas outside of the City limits. Further discussion ensued concerning who would be responsible for the internal organization of the Chamber as it relates to Counnittee work. Mr. Shepherd addressed the Council, stating that he would initiate the various programs and assign the fellow-up work to the different committees of the Chamber. In answer to a question from Mrs. Conhie Bleick, 4951 Lemon, Cypress, the City Manager again explained the reason he feels the proposed program should be handled through the Chamber of Commerce rather than directly through the City administration. Discussion was also held concerning the number of businesses in the City that are not members of the Chamber of Commerce. Following further comments concerning the need to initiate some type of program to attract business and industry to the City, it was moved by Councilman Harvey and seconded by Councilman McCarney, to authorize the Mayor to sign and City Clerk to attest an Agreement to be prepared bythe City Attorney between the City of Cypress and the Chamber of Commerce, providing for the payment of $10,000 to the Chamber of Commerce for a period commencing September 1, 1966, and ending June 30, 1967, payable in equal monthly installments commencing on September 1, 1966. 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 further moved by Councilman Bowen and seconded by Councilman Harvey to authorize the transfer of $7,000 from the Reserve for Capital Improve- ments to the Contractual Services account in the Non-Departmental Division of the Budget. 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 22, 1966 TRANSFER OF SANITARY SEWER FACILITIES AND EASEMENTS TO CYPRESS COUNTY WATER DISTRICT: The City Manager presented a report dated August 18, 1966, ~ecommending adoption of a Resolution authorizing the transfer of the sanitary sewer facilities and easements in Tract No. 5685, 5728, and 5372 to the Cypress County Water District, as requested in previous actions by both the City Council and the Water District. The City Manager further reported that a con~nunication had been received, this date, from the engineer for the Cypress County Water District, questioning the legal descriptions on the proposed easements and questioning whether the Water Board would accept the sewers in easements. Since these easements have never been formally offered to the Water District, the City Manager reco~a~ended that the sanitary sewer facilities and easements in the subject tracts be offered to the Board for their acceptance. It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt the foliowing Resolution, title as follows: RESOLUTION NO. 720 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE TRANSFER OF CERTAIN SANITARY SEWER FACILITIES AND EASEMENTS THEREFOR TO THE CYPRESS COUNTY WATER DISTRICT. 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 ACCESS RIGHTS--EVERGREEN AVENUE AND EVERGREEN DRIVE: The City Manager presented a report dated August 18, 1966, outlining the results of negotiations between the Cit~ Attorney and representatives of the St. Irenaeus Church iu an attempt to solve the problem of access rights to Evergreen Avenue and Evergreen Drive, which should be finally resolved upon the conclusion of a modification to the Conditional Use Permit for the St. Ireuaeus Church. Upon the conclusion of this action, a report will be presented to the City Council, outlining the conditions of the Use Permit, which should be sufficient to recommend deletion of the condition on Tentative Tract Map No. 5337 concerning the access rights. Following an explanation by the Planning Director of the proposed solution to the problem of the access rights to Evergreen Avenue and Evergreen Drive, it was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, this report be received and filed. ACCEPTANCE OF IMPROVEMENTS--DRAINAGE DISTRICT 2-A: The City Manager presented a report dated August 18, 1966, recommending acceptance of the pump station, sump, 96-inch drain from the existing channel at the Texaco Tank Farm westerly across Denni into the sump station, and the 72-inch outfall line which extends southerly from the sump and pump station into the Carbon Creek Channel, all of which have been constructed by the Larwin Company in accordance with the Reimbursement Agreement for Drainage District 2-A. The acceptance of these~mprovements should be made subject to the acceptance and recordation of an easement from the Larwin Company for the entire sump and pump station area, which will be required until such time as the City acquires the sump station land from the Larwin Company. It was moved by Councilman Kanel and seconded by Councilman McCarney to accept the drainage facilities in Drainage District 2-A, which have been constructed under the terms of the Drainage Reimbursement Agreement dated November 6, 1964, between the City of Cypress and the Larwin Company, as outlined in the City Manager's report, subject to the granting of appropriate easements for these facilities to the City by the Larwin Company. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarmey, and Noe None None August 22, 1966 APPROVAL OF AWARD OF CONTRACT FOR TRAFFIC SIGNAL AT CERRITOS AND BLOOMFIELD: The City Manager presented a report dated August 18, 1966, outlining the results of bids received by the City of Los Alamitos for the construction of traffic signals at the intersection of Cerritos and Bloomfield, which is a cooperative project with the City of Cypress. The City of Cypress' share for this project will be one-fourth of the total cost. It was moved by Councilman McCarney and seconded by Councilman Harvey to concur and approve the award of this contract by the City of Los Alamitos to the low bidder, Smith Electric Company, in the total amount of $10,217.00. 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 ACCEPTANCE OF IRRIGATION SYSTEM--MOODY AND MYRA PARK SITE: The City Manager presented a report dated August 18, 1966, recommending acceptance of the irrigation system and appurtenant work installed by Jack's Sprinkler Company at the Moody and Myra Park site. It was moved by Councilman Bowen and seconded by Councilman McCarney to accept the irrigation system and appurtenam~ work on the Moody and Myra Park site constructed by Jack's Sprinkler Company, and further authorize the City Clerk to exonerate the bonds in 90 days following acceptance of the work providing no mechanics liens have been 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 AMENDMENT TO CITY CODE RE: ORDER OF CITY COUNCIL BUSINESS: The City Manager presented a report dated August 18, 1966, outlinidg~ the need to amend the City Code relating to the order of business for City Council meetings, to remove the actual listing of the order of business from the Code to avoid confusion which could result from the adoption of Resolutions changing the order of business. 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 2, ARTICLE I, SECTION 2-2.9 OF THE CYPRESS CITY CODE RELATING TO ORDER OF BUSINESS OF THE CITY COUNCIL It was moved by Councilman Kanel and seconded by Councilman Bowen 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 AMENDMENT TO CITY CODE RE: SWIMMING POOL REEqUIREMENTS: The City Manager presented a report dated August 18, 1966, outlining the need to amend the City Code to add a provision relating to swimming pools, which was inadver- tently omitted from the original Ordinance and, theref6re,, not enacted into the City Code. The amendment would provide that all gates or doors opening through an enclosure of a swinnning pool shall be equipped with a self-closing, self-latching device which should be located a minimum of 4 feet, 6 inches above grade on the outside of the gate. August 22, 1966 · 308 It was moved by Councilman McCarney, seconded by Councilman Kanel, 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, ARTICLE IV, SECTION 5-14, OF THE CYPRESS CITY CODE RELATING TO ENCLOSURES OF SWIMMING POOLS It was moved by Councilman McCarney and seconded by Councilman Bowen 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 CORRECTION OF MARCH 29~ 1966~ CITY COUNCIL MINUTES: The City Manager presented a report dated August 17, 1966, outlining theneed to correct the minutes of the City Council meeting of March 29, 1966, to eliminate a discrepancy concerning the lease payment from the Civic Center Corporation to the City for the Civic Center Ground Lease. The amount should be $1.00 for the term of the lease, rather than $1.00 per year as reflected in the minutes. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to correct the minutes of the March 29, 1966, City Council meeting to delete the words "per year" on Page 4, paragraph 3. CERTIFICATION OF EMPLOYMENT LIST FOR MAINTENANCE MAN I: The City Manager presented a report dated August 17, 1966, outlining the results of an examination conducted for the position of Maintenance Man I. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to certify the employment list for Maintenance Man I as submitted. MONTHLY VARIANCE REPORT OF REVENUES AND EXPENDITURES FOR JULY 1966: It was moved by Councilman McCarney, seconded by CouncRman Harvey, and unanimously carried, to receive and file the Monthly Variance Report of Revenues and Expenditures for July, 1966. MONTttLY ACTIVITY REPORT FOR JULY 1966: It was moved by Counc~man Harvey, seconded by Councilman McCarney, and unanimously carried, to receive and file the Monfi~ly Activity Report for July 1966. APPROVAL OF PAYROLL WARRANT LIST~ WARRANTS NO. 14923 THROUGH 14984: It was moved by Councilman McCarney and seconded by Councilman Harvey to approve the Payroll Warrant List for the period ending August 7, 1966, Warrants No. 14923 through 14984, in the total amount of $16,949.80. 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~ WARR~TS NO. 14985 THROUGH 15053: It was moved by Councilman McCarney and seconded by Councilman Harvey to approve the Commercial Warrant List, Warrants No. 14985 through 15053 in the total amount of $37,770.03. 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 A}INDING CITY CODE RE: FLY CONTROL COSTS: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: August 22, 1966 ORDINANCE NO. 323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 13, ARTICLE II, SECTION 13-10, AND ADDING SECTION 13-10.1 OF THE CYPRESS CITY CODE RELATING TO FLY CONTROL AND PROTECTION OF PUBLIC HEALTH It was moved by Councilman Bowen and seconded by Counc~man Kanel, this Ordinance be adopted. 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-148 (LARWIN COMPANY): 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. 324 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, this motion be adopted. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None SECOND READING ORDINANCE APPROVING ZONE CHANGE NO. Z-149 (LARWIN COMPANY): 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. 325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE BY CIL~NGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM C-0 (COMMERCIAL OFFICE) TO C-1 (NEIGHBORHOOD STORES), ZONE CHANGE NO. Z-149 It was moved by Councilman Harvey and ~econded by Councilman Bowen to adopt this Ordinance. The motion was unanimously mrried 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-150 (SYKES): 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. 326 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 RESIDENTIAL) TO C-1 (NEIGHBO~tOOD STORES), ZONE CII~G]% 140. Z-150 It was moved by Councilman McCarney and seconded by Councilman Harvey to adopt 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 22, 1966 3 .0 SECOND READING ORDINANCE APPROVING ZONE CHANGE NO. Z-151 ~CYPRESS PLANNING CO~MISSION): 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. 327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS Ab~NDING ~IE ZONING ORDINANCE BY DELETING TIlE C-C (CIVIC CENTER) ZONE ON A CERTAIN PARCEL OF LAND, KNOWN AS ZONE CHA/qGE NO. Z-151 It was moved by Councilman Harvey and seconded by Councilman McCarney to adopt this Ordinance. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, McCarney, and Noe Bowen None STATUS OF WEED PROBLEM ADJACENT TO ALL AMERICAN MARKET: In answer to a question from Councilman Kanel, the City Manager explained that the property adjacent to the All American Market had not been cleaned during the annual weed abatement program due to an oversite on the part of the City in not notifying the owners that the area was to be cleaned. The staff did, however, communicate with the Fire Marshal's office, requesting that action be taken to alleviate the fire hazard, and steps have been taken by the property owner to remove the weeds. ORAL COMMUNICATIONS: No oral communications were presented at this time. ADJOURNMENT: There being no further business to come before the City Council at this time, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to adjourn this meeting at 10:24 p.m. until Monday, August 29, 1966, at 7:30 p.m. at the Cypress County Water District Offices, 9471 South Walker Street, Cypress, in order to conduct a Joint meeting with the Cypress Planning Commission. MAYOR OF THE CITY 0~RESS ATTEST: CIT~ ~LERK'~F THE G~TY OF CYPRESS ...... August 22~ 1966