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Minutes 66-11-28385 MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD November 28, 1966 The regular meeting of the Cypress City Council was called to order at 3:00 p.m. on November 28, 1966, by Deputy City Clerk Dorothy Jones, in the City Council Chambers, 9471 South Walker Street, Cypress, California. PRESENT: None ABSENT: Councilmen Bowen, Harvey, Kanel, McCarney, and Noe There not being a quorum, the Deputy City Clerk declared the meeting adjourned at the hour of 3:01 p.m. until 4:00 p.m. this date. CALL TO ORDER: The Mayor called the meeting to order at 4:00 p.m. in the City Council Chambers, with the following in attendance: PRESENT: Councilmen Bowen, Harvey, McCarney, and Noe ABSENT: Councilman Kanel Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, and Assistant City Manager Darrell Dalton. MINUTES: It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to approve the Minutes of November 3, 1966, as mailed. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to approve the minutes of November 14, 1966, as mailed, with a correction of the typographical error on Page 2, Paragraph 8. STAFF REPORTS AND DISCUSSIONS: Brief discussion ensued concerning various items which appeared on the agenda for the evening session. At the request of Councilman Harvey, the City Manager indicated that the staff would investigate the possibility of a classification error in the recent report prepared concerning the Cityts population by the Bureau of the Census. Upon the suggestion of the City Attorney, it was moved by Councilman Harvey, seconded by Councilman HcCarney, and unanimously carried, to declare a recess at 4:17 p.m. in order to go into executive session concerning pending litigation. The meeting was called back to order at 4:20 p.m. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to consider at this time the law suit of the City vs. Pacific Indemnity Company, which pertained to the property previously owned by Doctor Anderson west of 5641 Lincoln Avenue, due to the fact that the required improvements have been completed. It was moved by Councilman McCarney and seconded by Councilman Bowen to dismiss the action of City of Cypress vs. Pacific Indemnity Company. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Harvey, McCarney, and Noe None Kanel It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to place the matter of the Helms Condemnation Suit on the agenda at this time. November 28, 1966 It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt the following Resolution, title as follows: RESOLUTION NO. 738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RATIFYING RESOLUTION NO. 650 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Bowen, Harvey, McCarney, and Noe None Kanel It was moved by Councilman Bowen and seconded by Councilman Harvey to adopted the following Resolution, title as follows: RESOLUTION NO. 739 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Harvey, McCarney, and Noe None Kanel The City Nanager distributed copies of a proposal concerning cost estimates for the Civic Center landscaping, as prepared by Landscape Architects Linesch and Reynolds. He also reviewed architectural concepts of the entire Phase I, and Phase I, Increment I, and discussed the proposed retaining walls which had been designed by the Civic Center Architect. Following considerable discussion concerning the scope of the retaining wall project and the possibility of a stairway being constructed at the west end of the Administration building, 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 Counctman Bowen and seconded by Councilman McCarney to recommend to the Cypress Civic Center Corporation that a change order be requested to include the construction of the retaining walls as proposed in the Landscape Architect's Phase I plan, dated November 23, 1966, deleting the proposed stairway at the west end of the Administration building on Grindlay Street. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Harvey, McCarney, and Noe None Kanel It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to place on the agenda at this time the landscaping proposal as submitted by Linesch and Reynolds. It was moved by Counc~man Harvey and seconded by Councilman Bowen to recommend to the Civic Center Corporation and acceptance of Phase I, Increment I for the Civic Center landscaping, and that Plans and Specifi- cations be prepared with a flexibility to allow for the Phase I costs to range between the $40,000 which has been initially budgeted by the Corporation and City Council and the current estimated cost of $55,625.00. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Harvey, McCarney, and Noe None Kanel November 28, 1966 Assistant City Manager Darrell Dalton reviewed the recommendations of the Civic Center Furniture Committee regarding the purchase of furniture ~r the City Council Chambers and Administration Building. He indicated that some of the furniture has been ordered from the California Correctional Institution, with the remainder to be requested by competitive bids from plans prepared by the Gunlocke Chair Company, as previously authorized by the City CounCil. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to place this mater on the agenda at this time. It was moved by Councilman Harvey and seconded by Councilman Bowen to accept the Furniture Committee~s recommendation for the Civic Center furniture as outlined, approve the plans and specifications, and authorize the advertisement for bids to be received on Monday, December 12, 1966, at 10:00 a.m. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Bowen, Harvey, McCarney, and Noe None Kanel Discussion ensued concerning the desired date for the official Civic Center Dedication ceremonies, following which 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 establish Saturday, March 4, 1967, as the date for the official Civic Center Dedication ceremonies. Discussion ensued concerning the Founder's Day Parade, with Councilman Bowen expressing concern regarding the City's participation on this matter. AWARD OF BID FOR PURCHASE OF CITY VEHICLE: The City Manager presented a report dated November 28, 1966, summ-rizing the results of bids received for the purchase of one 1967 vehicle for the City Manager's Department, 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 determine that the lowest and best bid was submitted by Santa Ana Dodge, Inc. and authorize the issuance of a Purchase Order for the City Manager's vehicle to Santa Ana Dodge, Inc., 1401 North Tustin Avenue, Santa Ana, in the total amount of $3,247.38. The motion was unanimously carried by the following roll call~Dte: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Harvey, McCarney, and Noe None Kanel RECESS: It was moved by Councilman Harvey, seconded by Councilman Bowen, 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, McCarney, and Noe ABSENT: Councilman Kanel Also present were Assistant City Manager. Darrell Dalton, City Attorney James Erickson, Deputy City Clerk Dorothy Jones, Public Works Director A. W. Schatzeder, Planning Director George Putnam, Police Chief George Savord, Building Superintendent Tom Nudson, and Finance Director Jim Grissom. November 28, 1966 ORAL COMMUNICATIONS: Mrs. Patricia Munn, 10563 Jill Street, Cypress, addressed the Council concerning a citation she had received from the Police Department for having a "For Sale" sign in her vehicle which was parked in front of her home. COUNCILMAN KANEL ARRIVED AT 7:33 P.M. AND TOOK HIS CHAIR ON THE PODIUM Mrs. Munn inquired as to why she was not given a warning by the Police Department concerning the illegality of parking a vehicle with a for-sale sign in the window in the public street, particularly since the officer had seen her in her yard prior to issuing the citation. She further stated that four other cars in the immediate vicinity had "For Sale" signs in the window, but were not ticketed. At the request of the Council, Police Chief George Savord reviewed the City Code section which states that "No operator of any vehicle shall park said vehicle upon any street in this city for the principle purpose of advertising or displaying it for sale, unless authorized by resolution of the Council." He further stated that very few tickets of this nature are issued by the Police Department, and in this case, since the subject automobile had been displaytnga ~For Sale" sign for several months, he felt the officer who issued the citation had used considerable discretion in citing the vehicle. Mr. Howard Munn, 10563 Jill Street, Cypress, addressed the Council, asking why, in a previous warning issued by the Police Department con- cerning a violation of another section of the code regarding parking a vehicle for over 72 hours, the Police Department had not made a note that it was illegal to place a "For Sale" sign in a vehicle parked on the street. City Attorney James Erickson advised the Council that there is not provi- sion in the City Code for the issuance of warning citations in this type of case. If such a procedure were desired by the City Council, studies could be initiated by the staff regarding a possible amendment to the City Code regarding this matter. Discussion also ensued concerning the parking of vehicles on property fronting on Lincoln Avenue for the purpose of selling. The Chief of Police explained that the Code section in question did not pertain to private property. The Planning Director stated that the individuals utilizing this property had been requested to remove the automobiles on the basis of a Zoning Ordinance violation. Mrs. Munn again addressed the Council concerning her knowledge of other violators of the subject Code section. Mayor Noe requested that the staff investigate this matter. CONTINUATION OF PUBLIC HEARING RE: LIVE ENTERTAINMENT PERMIT AT BODY SHOP~ The Mayor announced this was the time and place for the continuation of the Public Hearing to consider an application for Live Entertair~ent Permi~ to permit dancing by the waitresses, a Pianist, and a Combo at the Body Shop, 4612 Lincoln Avenue, Cypress, as requested by Kenneth E. Gunderson. The Mayor stated that the Public Hearing was open and requested the staff to present its report. The Assistant City Manager presented a report dated November 23, 1966, indicating that applicant Kenneth Gunderson had filed a letter amending his applicatien by deleting the request for dancing by the waitresses, thereby limiting the request to a pianist and a combo. With this more limited request for live entertainment, the staff has suggested various conditions to be considered by the Council if it is determined that the granting of the permit would not be in ~onflict with the provisions of the City Code regarding live entertainment. He also explained that a bond posted by the previous owner of the Body Shop for the installation of sidewalks had been forfeited, and the $300 from this bond could be used toward the installation of the improvements recommended by the staff. The Mayor asked if anyone wished to speak for or against the subject application for Live Entertainment. No comments were expressed from the members of the audience. November 28, 1966 In answer to a question from the applicant, the Assistant City Manager explained the sidewalk and perking lot requirements as recomended by the staff and also outlined the desirability of installing these facilities in conjunction with the establishment adjacent to the Body Shop· Mr. Kenneth Gunderson addressed the Council, stating that he concurred with the conditions as recommended by the staff. At the request of Councilman Harvey, the Police Chief stated that if the permit is granted, he feels it might be difficult for the owner to control any spontaneous dancing by the waitresses in response to the music played by the pianist or the ~ombo. Brief discussion followed concerning the costumes worn by the waitresses. There being no oral protests and no further written communications presented, the Mayor declared the Public Hearing closed. It was moved by Councilman Harvey and seconded by Councilman Bowen to grant a Live Entertainment Permit for a Pianist and Combo a[ the Body Shop, 4612 Lincoln Avenue, Cypress, for a period of one yesr,:r~ubJect to the following conditions: /. The number of paid musicians shall not exceed five at any one occasion or date of entertainment. Entertainment, as described, will be allowed only during the hours of NoDn to 1:30 a.m. Musicians will perform on a platform elevated above the common public area of the establi~hment. The permanent curb, gutter, and sidewalk shall be installed on the Lincoln Avenue frontage of the property. The ~ity Council shall review the Live Entertainment Permit during July 1967. 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 CONTINUATION OF PUBLIC HEARING RE: ABANDONMENT OF ALLEY BETWEEN ELECTRIC AND WALKER STREETS: The Mayor announced this was the time and place for the continuation of the Public Hearing to consider objections to the proposed vacation of the east-west alley between Electric and Walker Streets in the City of Cypress. The Mayor stated that the Public Hearing was open and asked if anyone in the audience wished to speak in opposition to the abandonment of the subject alley· No oral protests were expressed by members of the audience. Councilman Kanel inquired concerning the individual who had requested continuance of the subject public hearing at the last City Council meeting· Mayor Noe indicated he was not present; however, stated that in his conversations with one of the other property owners adjacent to the subject alley, no objections to the proposed vacation had been voiced. There being no oral protests and no written communications, the Mayor declared the Bublic Hearing closed. It was moved by Councilman McCarney and seconded by Councilman Bowen to adopt the following Resolution, title as {allows: RESOLUTION NO. 740 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING A CERTAIN ALLEY SUBJECT TO THE RESERVATION OF CERTAIN EASEMENTS November 28, 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 PUBLIC HEARING RE: ABANDONMENT OF PORTION OF CERRITOS AVENUE: The Mayor announced this was the time and place for the Public Hearing to consider objections to the proposed vacation of a five-foot strip on the north side of Cerritos Avenue between Moody and Longden Streets. The Mayor declared the Public Hearing open and requested the staff to present its report. The Assistant City Manager stated that the affidavit of posting of the Public Hearing notice was on file in the Office of the City Clerk and no written communications have been received concerning this matter. The Public Works Director outlined the subject area on the map, indicating that since an underground storm drain system will be installed in this area, the five-foot easement for an open drain on the north side of Cerritos adjacent to Tract No. 6318 is no longer required. The Mayor asked if anyone in the audience wished to speak for or against the proposed vacation. There being no oral protests and no written communications the Mayor declared the Public Hearing closed. It was moved by Councilman Harvey and seconded by Councilman McCarney to adopt the following Resolution, title as follows: RESOLUTION NO. 741 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING A PORTION OF CERRITOS AVENUE The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None COMMUNICATION FROM ORANGE COUNTY NEWSMAGAZINE RE: CITY PARTICIPATION IN PROGRESS EDITION: The Assistant City Manager presented a communication dated November 7, 1966, from Mr. Carl Hatfield, Jr., Publisher of the Orange County Newsmagazine, requesting the City to consider the placement of an ad in the 1967 Industrial and Business Progress Edition for Orange County. It was moved by Councilman McCarney, seconded by Coundlman Harvey, and unanimously carried, to advise Mr. Ha/field that ~he City of Cypress does not wish to participate in the Progress Edition. CO~fi~IJNICATION FROM JEFFREY MILLET RE: EXTENSION OF TIME FOR RECORDING FINAL TRACT MAP NO. 5983: The Assistant City Manager presented a communication dated November 11, 1966, from Jeffrey H. Millet, requesting on behalf of Mr. Johnny Johnson, a one-year extension in which to record the final map of Tract No. 5983, which is a 27-acre cluster type development on the west side of Denni between Orange and Lincoln. Also presented was a communication dated November 28, 1966, from Mr. Millet, requesting this matter be continued until the Council meeting of December 12, 1966. Following brief discussion concerning this matter, it was moved by Councilman Harvey and seconded by Councilman Bowen to deny the request for an extension of one-year for the recordation of the final tract map of Tract No. 5983. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMFaN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None November 28, 1966 3,91 COMMUNICATION FROM CLERK OF SANTA ANA CITY COUNCIL RE: LOCAL CONTROL OF ALCOHOLIC BEVERAGE LICENSING: The Assistant City Manager presented a communication dated November 16, 1966, from the Clerk of the Santa Ana City Council, transmitting a copy of a Resdution adopted by the City of Santa Ana in support of local control of alcoholic beverage licensing. The Resolution recommends that the Assembly Committee on Governmental Organization Consider the local problems in licensing particular persons and locations and allow for a greater role for local authorities in the licensing of alcoholic beverage establishments. It was moved by Councilman Bowen and seconded by Coundilman Harvey to adopt a similar Resolution, title as follows: RESOLUTION NO. 742 A RESOLUTION OF THE CITY COUNCI~ OF THE CITY OF CYPRESS SUPPORTING ADDITIONAL LOCAL CONTg~L OF ALCOHOLIC BEVERAGE LICENSING 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 ST. CATHERINE'S MILITARY SCHOOL RE: WAIVER OF ADMISSIONS TAX: The Assistant City Manager presented a communication dated November 21, 1966, from Mr. Harry I. Horn, Chairman of the St. Catherine's Military School Day at the Races Committee, requesting an exemption from the Admissions Tax for tickets sold by the Guild of the St. Catherine's Military School for its charity day at the races. Mr. Dalton reported that the City Council, in the past, has granted similar exemptions for two other organizations for their charity days at the races. Mr. Harry I. Horn, representing the St. Catherine's Military School, addressed the Council, outlining the purposes of the fund-raising day at the races. It was moved by Councilman McCarney and seconded by Councilman Kanel to approve a waiver of the admissions tax for the St. Catherine's Military School Day at the Races. 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 REPORT FROM CITY MANAGER RE: STREET IMPROVEMENT POLICY FOR SUBDIVISIONS AND BUILDING PERMITS: The Assistant City, Manager presented a report dated November 10, 1966, clarifying the policy of the City regarding the requirement of street improvements relating to subdivisions and street improvements required in connection with the issuance of building permits. The report reviewed arguments in favor of and against the requirement that street improvements be constructed to centerline on arterial streets where existing pavement was substandard, with a recommendation that the City Council adopt the policy of requiring developers and persons obtain- ing building permits to improve the streets to centerline in areas where the existing street is substandard. Discussion ensued concerning the street deficiencies in the City, with the Public Works Director indicating that a large street deficiency amount is common in cities which are rapidly developing, thereby making it difficult to correct the deficiencies with the sole use of gas tax monies. At the request of Councilman Bowen, the Public Works Director also explained the manner in which a street is determined to be acceptable or substandard. November 28, 1966 Mr. Royce Coin, representing the Home Builders Association of Los Angeles, Orange, and Ventura Counties, addressed the Council, suggesting that the City Council conSider the policy enacted by a majority of other cities, that being the determination of street improvement requirements on a case-to-case basis. He indicated that most cities only require that developers match the existing roadway and dedicate the right-of-way. He further indicated that since the arterial highways adjacent to sub- divisions are used by the general motoring public, the homeowners in the subdivisions should not be required to bear the cost of the added street improvement. In answer to a question from Councilman Harvey, the Public Works Director indicated that the staff was desirious of the City Council establishing the policy to be followed since the requirement by the staff has been challenged by one of the residential developers. Mr. Lee Goldin, representing the Larwin Company, addressed the Council, and distributed copies of a diagram showing a typical subdivision within the City, with reference to the street improvements required. Mr. Goldin spoke at length concerning his opposition to the requirement that street improvements be to centerline where existing pavement is substandard, his reasons being that (1) it is unnecessary to remove existing pavement, (2) it is an unfair burden on the subdivider to require the additional paving, (3) the subdivider is already making a substantial contribution to the City's arterial highway program, (4) the City would be receiving gas tax funds for improvements which were complete~ by subdividers, (5) the State Map Act, as well as the City's ordinances, indicates that the improvements required should only be those required for the neighbor- hood subdivision traffic. Mr. Goldin stated he was not opposed to dedicating the required right-of-way and completing improvements up to existing pavement, but he would question the policy of requiring improve- ments to centerline when there is not a change in street grade. In answer to a question from Councilman Kanel, the Assistant City Manager explained the manner in which gas tax funds are allocated to cities. Following further discussion concerning this matter, the City Attorney indicated that he would like to have an opportunity to review a legal opinion submitted to him regarding this matter from the Larwin Company's attorney. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously c~rried, to continue consideration of this matter until the City Council meeting of December 27, 1966. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS, TRACT NO. 5704 (ROBERT H. GRANT AND COMPANY): The Assistant City Manager presented a report dated November 23, 1966, from the Public Works Director, indicating that the street improvements and other public improvements required in Tract No. 5704, located north of Ball Road, west of Walker, have been completed with the exception of a four-foot sidewalk and the replacement of several street trees in the Tract. The developer, however, has requested that the sidewalk improvement be deleted from the required improvements at this time. The Public Works Director, in his report, indicated that if the sidewalk is not installed, the developer would be required to install a sprinkler system for watering of the parkway and there would still be considerable maintenance costs involved for the parkway; there- fore, he would recommend that the sidewalk installation requirement not be deleted. Mr. Robert Kay, representing the Robert H. Grant Company, addressed the Council, indicating that his Company would like to withdraw its request for deletion of the ~dewalk installation, and would be willing to post a bond to cover the completion of this work within a reasonable period of time. In answer to a question from Councilman Bowen, the Assistant City Manager indicated that the street improvements on Walker could not be required until the cormnercial development at .~Ball and Walker is undertaken. November 28, 1966 It was moved by ~ouncilman McCarney and seconded by Councilman Harvey to accept the improvements for Tract No. 5704 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 subject to the replacement of the required street trees and the posting of a bond to guarantee the installation of the required sidewalks on Ball Road, the amount of said bond to be determined by the City Engineer and approved as to form 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 GRANTING OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY: The Assistant City Manager presented a report dated November 23, 1966, outlining the need to grant an easement to the Southern California Edison Company for the facilities constructed in conunction with the Civic Center development, said easement extending from the power vault to the Edison Company facilities in Grindlay Street. It was moved by Councilman Harvey and seconded by Councilman Bowen to approve the granting of the easement to the Southern California Edison Company for their facilities 6n the Civic Center property, and further authorize the Mayor to sign and City Clerk to attest the easement deed. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe COUNCILMEN: None i~ COUNCILMEN: None RECESS: The Mayor declared a recess at 9:40 p.m. The meeting was called back to order at 9:50 pm., all City Councilmen being present. SELECTION OF NAMES FOR CITY PARK SITES: The Assistant City Manager presented a report dated November 23, 1966, reviewing the reconunendations of the Park Naming Committee and submitting a listing of the parks in adjacent communities which are named after trees. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Kanel to officially name the Moody and Myra Park site as "Cedar Glen Park". 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 Harvey to officially name the park site at Orangewood and Knott as "Pepper Tree Park". 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 It was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, to authorize the City Manager to forward a communica- tion to the Cypress Park and Recreation District, requesting the District to utilize the recommendations of the Park Naming Committee for the selection of names for future park sites within the District. REVIEW OF DEPOSITORY FOR CITY FUNDS: The Assistant City Manager presented a report dated November 25, 1966, summarizing the results of a review of the qualifications of the area banks conducted by the City Treasurer and Finance Director in order to recommend to the City Council the bank to be used for the deposit of City funds. The four banks reviewed were the Bank of America, Commercial National Bank, Security First National Bank, and Bank of California. Based on the three major areas of concern, namely the interest rates offered, the location of the bank, and the level of service, the City Treasurer and Finance Director determined that the Security First ~tional Bank, 8850 Valley View, Buena Park, would best serve the needs of the City of Cypress at this time. November 28, 1966 Finance Director 3im Grissom reviewed in detail the various areas of study in the comparison of the banks, and at the request of Councilman Bowen, compared the services of the Security First National Bank with those of the Commercial National Bank. He further stated that if, at some future date, a bank is located within the City limits, he feels it would be his recommendation, as well as the City Treasurer's, to place the City's funds in the local bank, providing the interest rates are comparable. In answer to a question from Councilman Harvey, the Finance Director stated that the same presentation was made to each banking concern interviewed. Mr. Frank Visca, City Treasurer, addressed the Council, stating that all four banks were given an equal opportunity to submit their proposals, and the selection was not made against the Commercial Nationa~ Bank, but was made on the basis that Security First National could provide the best service to the City, Councilman Harvey indicated that he feels the Commercial National Bank has been more closely identified with the City of Cypress through its participa- tion in City activities, and for this reason he would be in favor of designating that bank as the City's depository. He further stated that he is not a stockholder or in any way connected with the Commercial National Bank. Mr. Frank Visca again addressed the Council, stating that the selection was not made against the Commercial National Bank, and he would question why those two Councilmen were making various statements. He also indicated he felt the door was being opened to a political hassle. Councilman Kanel stated he would question some of the comments made by Councilman Harvey concerning the Commercial National Bank, and posed questions as to why the Chamber of Commerce had named the Commercial National Bank as the "Bank of Cypress", and why the Commercial National Bank Manager is on the Board of Directors of the Chamber of Commerce. Discussion ensued between Councilman Harvey and City Treasurer Frank Visca regarding the political implications involved in this situation, following which Councilman Kanel stated he felt a fair evaluation had been made of the four banks, and made a motion to accept the recommendation of the City Treasurer and Finance Director that the City utilize the Security First National Bank, 8850 Valley View, Buena Park, for the deposit of City funds; however, the motion died for lack of a second. Councilman Harvey requested that the City Treasurer stand publicly and advise him of what political implications were involved in this matter; however, Mr. Visca did not answer Mr. Harvey But in turn inquired of Councilman Harvey as to his relationship with Mr, Leo Baroldi, asking if he ran with him for the position of City Councilman. Councilman Harvey indicated that he had been a candidate for City Councilman with Mr. Baroldi, and that Mr. Baroldi was a friend and associate of his for a number of years on the Planning Commission. Following additional discussion concerning this matter, Councilman Harvey made a motion, which was seconded by Councilman Bowen, that the City Council adjourn [o executive session with the City Treasurer. City~Treasurer Frank Visca indicated Rat he would not go into executive session without the services of a Court Reporter. The City A~Drney indicated that Mr. Visca would not be compelled to go into executive session with the Council, but the Council, icould conduct the session without him. Councilman Harvey's motion was carried by the following roll call~)te: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, McCarney, and Noe Kanel None The City COuncil recessed at 10:21 p.m. in order to go into executive session. The meeting wasccalled back to order at 10:50 p.m., all City Councilmen being present. It was moved by Councilman Harvey and seconded by Councilman McCarney to accept the recommendation of the City Treasurer and Finance Director in the selection of Security First National Bank, 8850 Valley View, Buena Park, for the deposit of City funds and authorize the City Treasurer and Finance Director to institute an orderly change of depository effecti, e January 1, 1967, and further request the Finance Director to review the services after a reasonable length of experience with the Security First National Bank. The motion was unanimously carried by the following roll call vote: November 28, 1966 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None REPEAL OF CITY CODE SECTION RE: REGISTRATION OP EX-CONVICTS: The Assis- tant City Mmnager presented a report dated November 23, 1966, recommending the repeal of City Code Section 17-9, which requires {he registration of ex-convicts, since this provision cannot be enforced due to a decision by- the California Supreme Court. Following an explanation of the State laws concerning this matter, 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 REPEALING SECTION 17-9 OF THE CYPRESS CITY CODE ENTITLED "REGISTRATION OF EX-CONVICTS" IN ITS ENTIRETY It was moved by Councilman Kanel 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: Bowen, Harvey, Kanel, McC e and Noe aI~ y, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None REPEAL OF CONFLICTING CODE SECTIONS RE: EXCAVATION AND GRADING: The Assistant City Manager presented a report dated November 23, 1966, indicat- ing that with the recent adoption by the Council of the Appendices of the Uniform Building Code, the City now has two sections in the Code pertaining to grading and excavation on private property. Since there is a conflict in the two sections, the staff would recommend the repeal of the provisions contained in Chapter 10 of the Code. It was moved by Councilman Bowen, 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 REPEALING SECTION 10-1 THROUGH 10-28 OF THE CYPRESS CITY CODE, RELATING TO EXCAVATION AND GRADING 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 DECLARATION OF FINDING LOCAL BUILDING CODES E~UAL TO OR GREATER THAN STATE HOUSING LAW: The Assistant City Manager presented a report dated November 23, 1966, indicating that the State of California is considering a move to require enforcement of the ~te Housing Act, which would pre- empt local building regulations. This action by the State has been prompted by the fact that several cities have not adopted codes which are equal to the requirements of the State Housing Law. The International Conference of Building Officials has requested that each city which does have codes equal to or greater than the minimum standards prescribed the State Housing Law adopt a Resolution setting forth this fact. It was moved by Councilman Bowen and seconded by Councilman McCarney to adopt the following Resolution, title as follows: November 28, 1966 RESOLUTION NO. 743 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT THE CITY COUNCIL FINDS THAT THE CYPRESS BUILDING, HOUSING, PLUMBING, HEATING AND COMFORT COOLING, AND ELECTRICAL CODES AS A WHOLE PRESCRIBE MINIMUM STANDARDS EQUAL TO OR GREATER THAN THOSE PRESCRIBED BY THE STATE HOUSING LAW AND BY TITLE 8 OF THE CALIFORNIA ADMINISTRATIVE CODE 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 MONTHLY ACTIVITY REPORT FOR OCTOBER 1966: It was moved by Councilman Harvey, seconded by-Councilman Bowen, and unanimously carried, to receive and file the Monthly Activity Report for October 1966. APPROVAL OF PAYROLL WARRANT LISTt WARRANTS NO. 15818 THROUGH 15884: It was moved by Councilman Harvey and seconded by Councilman Bowen to approve the Payroll Warrant List for the period ending November 13, 1966, Warrants No. 15818 through 15884, in the total amount of~$17,419.74. 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 LISTt WARRANTS NO. 15885 THROUGH 15888 AND 15890 THROUGH 15918: It was moved by Councilman ttarvey and seconded by Councilman McCarney to approve the Commercial Warrant List, Warrants No. 15885 through 15888 and 15890 through 15918 in the total amount of $24,393.43. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None SECOND READING ORDINANCE AMENDING CITY CODE RE: ROOM ADDITIONS: It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE BY ADDING SUBSECTION (d) THERETO, WHICH ADDS SECTIONS 1410 AND 1410-a TO CHAPTER 14 OF THE UNIFORM BUILDING CODE It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None SECOND READING ORDINANCE AMENDING CITY CODE RE: EXCAVATION PERMITS: 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. 333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AIdENDING SECTION 24-8 (e) OF THE CODE!OF THE CITY OF CYPRESS BY ADDING A REQUIREMENT FOR APPLICANT TO RELOCATE ANY FACILITIES IN THE EVENT OF RELOCATION, VACATION, OR ABANDONMENT OF RIGHT OF WAY November 28, 1966 It was moved by Councilman Harvey and seconded by Councilman McCarney to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None SECOND READING ORDINANCE AMENDING ZONING ORDINANCE RE: ZONE CHANGE NO. 397 Z-152 (LARWIN EUND): 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. 334 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 C-2 (GENERAL COMMERCIAL) TO R-1 (ONE-FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-152 It was moved by Councilman Bowen and seconded by Councilman McCarney to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PAVING OF PUBLIC WORKS MAINTENANCE BUILDING YARD: At the request of the Assistant City Manager, it was moved by Councilman Harvey, seconded by Counc~man Bowen, and unanimously carried, to consider d.r~port from the Public Works Director regarding the paving of the PubliC'Works Main- tenance Building Yard at this time. The Assistant City Manager presented a report dated November 28, 1966, from the Public Works Director, stating that plans and specifications have been completed for the paving of the Public Works Maintenance Building yard on the east side of the Civic Center site. It was moved by Councilman McCarney and seconded by Councilman Bowen to approve the plans and specifications and authorize the City Clerk to advertise for bids for paving the Public Works Maintenance Building yard, to be received on December 9, 1966, at 10:00 a.m. in the Office of the City Clerk. 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 ASSEMBLYMAN-ELECT KENNETH CORY:RE: MEETING WITH CITY COUNCIL: Mayor Noe presented a communication dated November 18, 1966, from Assemblyman-Elect Kenneth Cory, 69th District, suggesting the possi- bility of his meeting with the City Council members and staff in order for him to gain a better understanding of the City's problems. Discussion ensued concerning this matter, with the suggestion made that the staff prepare a list of items to be discussed with Mr. Cory. No further action was taken on this matter at this time. ORAL COMMUNICATIONS: No oral communications were presented at this time. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, the meeting adjourn at 11:09 p.m. ATTEST: ClTY OF CYPRESS E O /'/~YOR OF THE ~I~OF CYPRESS November 28, 1966