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Minutes 66-12-19MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADJOURNED REGULAR MEETING HELD December 19, 1966 A regular adjourned meeting of the Cypress City Council was called to order at 7:30 p.m. on December 19, 1966, in the City Council Chambers, 9471 South Walker Street, Cypress, California, Mayor Frank P. No, presiding. PRESENT: Councilmen Bowen, Harvey, McCarney, and Noe ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Public Works Director A. W. Schatzeder, Planning Director George Putnam, Police Chief George Savord, Building Superintendent Tom Nudson, and Finance Director Jim Grissom. ORAL COMMUNICATIONS: No oral communications were presented at this time. It was moved by Councilman Harvey, seconded by Councilman Bow,n, and unanimously carried, to consider Item No. 2 on the agenda at this time. COUNCILMAN KANEL ARRIVED AT 7:33 P.M. AND TOOK HIS CHAIR ON THE PODIUM ARTERIAL HIGHWAY FINANCING PROGRAM FOR 1966-67 FISCAL YEAR: The City Manager presented a report dated December 15, 1966, outlining the follo~-lng projects recommended by the staff for submittal to the Orange County Arterial Highway Financing Committee for th~ 1967-68 fiscal year. 1. Katella Avenue reconstruction from Knott to the west City limits. Cerritos Avenue west of Valley View-reconstruction of hazardous curve on new alignment. Valley View Street from Orange to Cerritos - widening of sub- standard section to four travel lanes. Walker Street from the P.E.R.R. to Ball Road - widening of sub- standard sections to four travel lanes. Following discussion concerning the scope of the Katella Avenue reconstruc- tion, it was moved by Councilman Kanel and seconded by Councilman Bow,n, ti adopt the following Resolution, title as follows: RESOLUTION NO. 746 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF KATELLAAVENHE 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 Bowen, and unanimously carried, to authorize the City Manager to negotiate a coopera- tive agreement with the County of Orange ~r the submission of Katella Avenue as a Federal Aid Secondary-Urban Extension Project to the State Division of Highways as a cooperative project between the County of Orange, City of Stanton, and City of Cypress, with the terms of the agreement to be subject to review by the City Attorney and to be approved by the City Council. December 19 1966 409 It was moved by Councilman NcCarney and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 747 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF OR2hNGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF CERRITOS AVENUE The m~tion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Not None None Following discussion, it was moved by Councilman McCarney and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 748 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF VALLEY VIEW STREET 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 Not None None Following an explanation of the proposed Walker Street improvement by the Public Works Director, it was moved by Councilman McCarney and seconded by Councilman Bowen to adopt the following Resolition, title as follows: RESOLUTION NO. 749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF WA1~R STREET The marion 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 DISCUSSION WITH ASSEMBLYMAN-ELECT KENNETH CORY: The City Manager outlined the request of Assemblyman-elect Kanneth Cory, 69th District, to meet with the City Council to review matters of interest to the City in which Assembly- man Cory could be of assistance in Sacramento, After an introduction of Assemblyman Cory to the City Council, the following subjects were presented for Mr. Cory's consideration. I. Freeway Signing, Desi~nations for City of Cypress. The City Manager reviewed the City's request for freeway sign designations for the City of Cypress and the resulting recommmndation from the local District office of the State Division of Highways, which had been forwarded to Sacramento. Following a general discussion regarding the signs the City had requested, which had been deleted in the Local District's recom~nendation, it was mutually agreed that Mr. Cory would attempt to secure approval in Sacramento of the District's recommendations, and would not pursue additional signs until the original approval had been secured. 2. Approval of Katella Avenue Improvement Project under Federal Aid Secondary Highway Extension. Following a review of the City's endeavor to secure approval by the State High~r~y Commission of the improvement of Katella Avenue under the Federal Aid Secondary Highway Program, it was agreed that Mr. Cory would assist the City at such time as the formal application is made as a cooperative project with the City of Stanton and County of Orange. December 19, 1966 3. Additional Activity at Los Alamitos Race Tract; Discussion was held regarding the possib~ity of an expansion of activities at the Los Alamitos Race Tract. Following a general discussion, during which both the City Manager and Police Chief indicated that additional racing acti~ities would not create unsurmountable Police problems for the conunity, Assembly- msn Cory concurred in the co~waents of the City in obtaining additional revenues from expanded race track activities. 4. Amendment to Collier-Unruh Gas Tax Law; General discussion was held regarding the League of California Cities' suggestion for an amendment to the Collier-Unruh Gas Tax Law, to delete the matching fund requirements and resulting administrative reporting procedures. It was generally agreed that this item would be given further study by both the City and Assemblyman Cory to determine the effect of such an amendment on the cou~nunities in Orange County. 5. Control of Obscene Literature. Councilman Kanel outlined the need for stronger regulations to control the sale of obscene literature, particularly in grocery stores which are frequented by children. Mr. Cory reviewed a program proposed by Lieutenant Governor-elect Robert Finch regarding limiting the sale of such literature and the need for more prosecution under the existing laws. 6. Property taxes. Councilman Kanel inquired if attempts would be made in the legislature to lessen the property tax burden. Assembly~n~n Cory stated he felt the ad valorem property tax should be reduced and indi- cated he felt this matter would be considered ddring the next legislative session, Following a brief general discussion with Assemblyman Cory, the Mayor expressed the Council's appreciation for his attendance at the meeting. Assemblyman Cory also indicated his gratitude for the time given to consider these matters and expressed his desire to work closely with the Council during his tenure in the Assembly. COOPERATIVE STREET IMPROVEMENT PROJECTS-~LARWIN COMPANY}: The City Manager presented a report dated December 15, 1966, reviewing several street improve- ment projects completed by the Larwin Company in addition to those required by adjacent subdivision development. The additional construction included Orange Avenue easterly of Valley View, Valley View south of Orange, the improvement of Juanits beyond centerline, and an extension of Juanits to Orange Avenue north of Tract 4377. The total amount to be reimbursed to the Larwin Company for these improvements is $8,220.11, which includes $1,507.64 from cash deposits of Mr. Preston Allen and Mr. James G. McCoy for their costs of the subject ~reet improvements. It was moved by Councilman McCarney and seconded by Councilmen Bowen to authorize the reimbursement of $8,220.11 to the Larwin Company for street improvements as outlined. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ~BSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None AUTHORIZATION TO CLOSE BALL ROAD BETWEEN DENNI AND BLOOMFIELD: The City Manager presented a report dated December 15, 1966, recomsnending the closing of Ball Road between Denni and Bloomfleld in order to expedite street construction which will comnnence as soon as the M.W.D. line installation has been completed. Discussion ensued concerning the length of time required for the installa- tion of the M.W.D. water line in Ball Road, with Counc~man Harvey emphasiz- ing the hardship which has been created for businesses located in the area. It was moved by Councilman McCarney and seconded by Councilman Bowen to authorize the closing of Ball Road from Bloomfield to Denni until February 1, 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 December 19, 1966 CORRECTION TO ~CITY COUNCIL MINUTES RE: CHANGE OF NAME OF BARKLEY DRIVE: The City Manager presented a report dated December 15, 1966, indicating that the City Council minutes of November 8, 1965, did not clarify the fact that the name Barkley Drive, in Tract No. 5337, was changed to Evergreen Drive. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to amend the minutes of the November 8, 1965, City Council meeting to read as follows: "It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to approve the change of "Barkicy Drive"m'~vergreen Drive" in TraCt No. 5337. REVISED CONDITION ON TENTATIVE TRACT MAP NO.5957: The City Manager presented a report dated December 15, 1966, indicating that Pacesetter Homes, Inc. is desirous of developing Tract No. 5957, an optional design subdivision; however, rather than utilizing the 5,000 square foot lots approved in the original tentative map, they are desirous of increasing the lot size to 5,500 square feet. Therefore, Pacesetter Homes has asked for reconsideration of Condition No. 17 regarding the requirement that the developer donate land or funds in an amount of 6% of the value of the gross residential area of the tract, with the request that the percentage be changed to 3%. Planning Director George Putnam reviewed the request, stating that the Planning Cor~m4ssion had recon~nendedm amendment to Condition No. 17 as requested. Following brief discussion, it was moved by Councilmen Harvey and seconded by Councilman McCarney to accept the recon~nendation of the P~anning Conmission in approval of an amendment to Condition No. 17, and to further approved the revised Tentative Tract Map No. 5957, showing the expanded lot size to 5,500 square feet. Due to the requirement that actions on an optional design subdivision must be approved by a 4/5 vote of the Council, the motion failed to carry by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, McCarney, and Noe Bowen and Kanel None Councilman Bowen indicated he had voted against this motion since he had voted in opposition to the original approval of the tentative tract map. The Planning Director advised that with theefeat of Councilmen Harvey's motion, the tract would remain as originally approved, with the 5,000 square foot lots. Further discussion ensued concerning the tract, with Councilman Harvey indicating he felt the proposed change would be an opportunity to increase the lot-size in the tract. Mr. Jim Peters, representing Pacesetter Homes, Inc., addressed the Council, speaking in favor of the 5,500 square foot lots, which will allow more flexibility ~nhome design, thereby giving a better home for the tract. Following further discussion concerning this matter, it was moved by Councilmen Harvey and seconded by Councilmen McCarney to accept the reconmendation of the Planning Connnission in amending Condition No. 17 on Tentative Tract Map No. 5957 to read as follows: "The developer shall either acquire park land as approved by the City, with the land area being equivalent to 3% of the gross area of the residential area of the Tract, or donate funds equivalent to 3% of the value of the gross residential area of the tract." and further to approve the revised Tentative Tract Map No. 5957, showing the expanded lot sizes at 5,500 square feet. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: I COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, McCarney, and Noe Kanel None December 19, 1966 REPORT FROM ANNUAL REPORT COMMITTEE: The City Manager presented ai;report dated December 19, 1966, transmitting proposals submitted to the Annual Report Committee by three firms considered for the preparation of the City's Annual Report. Discussion ensued concerning the type of report desired, with particular reference to the use of colors. Mayor Noe declared a recess at 9:20 p.m. in order to allow time for the Councilmen to review the various proposals. The meeting was called back to order at 9:30 p.m., all City Councilmen being present. It was moved by Councilman McCarney and seconded by Councilman Bowen to select Urbanus Associates to prepare the City's Annual Report pursuant to the proposal submitted, with the suggestion that the consultant use the Civic Center and City Seal on the front cover and a map of the City on the back cover, similar to that utilized in a report prepared for the City of Hawthorne, and further request Urbanus Associates to assist in the Civic Center Dedication Program, with the costs for such services not to exceed $5,000. Prior to voting, further discussion was held. Councilman Kanel indicated he would be in favor of the firm of Van BNrneveld Advertising, Inc. of Santa Ana. Following brief additional discussion regarding various aspects of the report, Councilman McCarney's motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, McCarney, and Noe Kanel None AUTHORIZATION FOR PAYROLL DEDUCTION PLAN--EMPLOYEE CREDIT UNION: The City Manager presented a report dated December 15, 1966, recommending that payroll deductions be authorized for employees wishing to participate in the Hansen Credit Union, which currently allows membership for employees and residents of Cypress and adjacent communities. At the present time, 26 City employees are members of the Hansen Credit Union. Police Chief Savo~d, an officer of the Credit Union, outlined the organiza- tion of the Credit Union, and introduced Mrs. Kitty Douglas, Treasurer of the Credit Union, who.~reviewed for the Council the history of the Credit Union and answered various questions posed by the Council members. Following discussion, itwas moved by Councilman Bowen and seconded by Councilman McCarney to approved the request of the Hansen Credit Union for a payroll ~duction plan for City employees participating in the Credit Union, commencing on January 1, 1967. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, parvey, Kanel, McCarney, and Noe None None CERTIFICATION OF EMPLOYMENT LIST FOR POLICE LIEUTENANT: The City Manager presented a report dated December 16, 1966, outlining the results of an examination conducted for the position of Police Lieutenant. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to certify the employment list for Police Lieutenant as submitted. CERTIFICATION OF EMPLOYMENT LIST FOR POLICE OFFICER: The City Manager presented a report dated December ~, 1966, outlining the results of an examination conducted for the position of Police Officer. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to certify the employment list for Police Officer as submitted. December 19, 1966 CERTIFICATION OF EMPLOYMENT LIST FOR SECRETARY: The City Manager presented a report dated December 19, 1966, submitting the results of an examination conducted for the position of Secretary. Following discussion, it was moved by Councilman McCarney, seconded by CounCilman Bowen, and unanimously carried, to certify the employment list for Secretary as submitted. MONTHLY VARIANCE REPORT OF REVENUES AND EXPENDITURES--NOVEMBER 1966: It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to receive and file the Monthly Variance Report of Revenues and Expenditures for November 1966. MONTHLY ACTIVITY REPORT FOR NOVEMBER 1966: Following discussion concerning a portion of the Police Department's report, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to receive and file the Monthly Activity Report for November 1966. APPROVAL OF PAYROLL WARRANT LIST, WARRANTS NO. 16070 THROUGH 16136: It was moved by Councilman Bowen and seconded by Councilman Harvey, to approve the Payroll Warrant List for the period ending December 11, 1966, Warrants No. 16070 through 16136, in the total amount of $19,748.70. 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. 16137 THROUGH 16166: It was moved by Councilman McCarney and seconded by Councilman Bowen to approve the Conmercial Warrant List, Warrants No. 16137 through 16166, in the total amount of $24,335.27. 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 SECTIONS 5-3 & 5-4 OF CITY CODE RE: FIRE ZONES: 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. 337 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-3 AND 5-4 OF THE CODE OF THE CITY OF CYPRESS 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 SECOND READING ORDINANCE AMENDING SECTION 15-47 OF THE CITY CODE RE: BAIL BOND BROKER AND INSURANCE BROKER: It was moved by Cou~ilman Harvey, seconded by Councilman Bowen, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Lm~PRESS AMENDING SECTION 15-47 OF THE CYPRESS CITY CODE, BY DELETING BAIL BOND BROKER AND INSURANCE BROKER December 19, 1966 4 '14 Following brief discussion, it was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, 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 CIVIC CENTER RETAININGWkLLS: At the request of the City Manager, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to place on the agenda at this time consideration of the retaining walls at the Civic Center. The City Manager indicated that since the last City Council meeting, it has been brought to his attention that the previously approved cost of $16,250 for the retaining walls at the Civic Center included only the wall around the Administration Building and not the wall around the Council Chambers. The lower area adjacent to the Council Chambers will be graded in the initial construction for the installation of a retaining wall in the future. Following discussion concerning this matter, it was moved by Councilman Bowen and seconded by Councilman McCarney to delete the lower retaining wall in Phase I of the landscaping plan, as shown on the revised plan dated November 30, 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 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, to adjourn the meeting at 10:20 p.m. ATTEST: CITY 'CI~ER/~'Of TIlE CItY OF CYPRESS December 19, 1966