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Minutes 67-02-14MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD February 14, 1967 The regular meeting of the Cypress City Council was called to order at 3:00 p.m. on February 14, 1967, 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 3:02 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 tn attendance: PRESENT: Councilmen Bowen, Harvey, Kanel, McCarney, and Noe ABSENT: None 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 the Adjourned Regular meeting of January 19, 1967, as mailed. It was moved by Councilman McCarney and seconded by Coundlman Harvey to approve the minutes of the meeting of January 23, 1967, as mailed, with one paragraph under Oral Comnnunications on Parge 12 to be changed to read as follows: "Councilman Kanel referred to several newspaper articles which had quoted him concerning possible discussions between the City of Cypress and the City of Buena Park regarding mutual problems which affect both cities." Councilman McCarney's motion was unanimously carried. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to approve the minutes of the Adjourned Regular Meeting of January 28, 1967, as mailed. STAFF REPORTS AND DISCUSSIONS: The City Manager reviewed the plans for the Civic Center Dedication, which included the activities of the various community organizations, the proposed progr~m~and participation by members of the City Council, the invitations, the proposed luncheon at the Family Tree Restaurant, the head platform seating arrangements, and refreshments. The City Council requested the City Manager to prepare further information regarding the participation in the program by the members of the City Council and suggested that the invitations be embossed if possible, and requested that each Councilman be provided with ten invitations for special guests they may wish to invite to the dedication. The Council also agreed that the City would assume the costs for refreshments and supplies which are to be served by the Junior Woman's Club and Woman's Club of Cypress. The City Manager reviewed the status of the Annual Report, and following discussion, it was generally agreed to distribute the report a week prior to the dedication ceremonies, with the method of distribution to be determined following the submittal of a report by the City Manager at the next regular City Council meeting. February 14, 1967 The City Manager requested the City Council to consider the purchase of chairs to be used in the community meeting and tables for the employee lounge, allowing the existing tables in the lounge to be transferred to the community meeting room. It was moved by CouncRman McCarney, seconded by Councilman Bowen, and unanimously carried, to place this matter on the agenda at this time. It was moved by Councilman McCarney, seconded by Councilman Bowen, to authorize a transfer of $700.00 from the Reserve for Capital Improvements to the Government Buildings Capital Outlay account for the purchase of the required chairs and tables as outlined by the City Manager. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None Councilman Harvey advised the Council that a change in his employment would possibly require his absence from the afternoon sessions of the City Council meetings for two or three meetings and requested permission to be excused by the City Council for this period of time from the Audit Committee me~eings and the afternoon City Council ~essions. No objections were expressed by the City Council members. RECESS: It was moved by Councilman McCarney, seconded by Councilman Fanel, and unanimously carried, to declare a recess at 5:30 p.m. until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilmen Bowen, Harvey, Kanel, McCarney, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, Public Works Director A. W. Schatzeder, Planning Director George Putnam, Police Chief George S~vord, and Finance Director Jim Grissom. AWARD OF BID FOR PURCHASE OF ENGINEERING SURVEY VEHICLE: The City Manager presented a report dated February 9, 1967, from the Public Works Director, summarizing the results of bids received on February 8, 1967, for one standard size station wagon for use as a Survey Vehicle in the Engineering 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 award the bid to the lowest and best bidder, McPeek Plymouth Center, Inc., 1200 South Anaheim Boulevard, Anaheim, California, in the total amount of $2,659.28, for the purchase of one standard size station wagon. 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: Mr. Roe Masullo, 10521Ritter Street, Cypress, addressed the Council, indicat- ing that his area had a severe fly problem which had not been alleviated by actions of the Orange County Health Department and further challenged the membership and effectivenews of the City Fly Abatement Board. The City Manager explained the purpose of the fly abatement board, which is to conduct hearings for persons having fly breeding hazards on their property. Councilman Kanel stated that he had personally viewed the subject residential area, which is heavily infested with flies, and recommended that the staff immediately contact the tIealth Department regarding this problem. Mr. Masullo again addressed the Council, stating that he is opposed to having a dairyman as one of the members of the Fly Abatement Board. February 14, 1967 Councilman Kanel concurred that there may be a problem on the Fly Abatement Board because of the friendship of the dairyman and the other member of the Board who lives in the subject tract. The City Manager indicated that the first action to be taken is to determine the source of the fly breeding problem. He further stated that if the problem originated from the Baroldi Dairy Farm adjacent to the subject ~act, Mr. Baroldi, who is a member of the Fly Abatement Board, would not be able to participate in any action of the Fly Abatement Board if he were cited. Mr. Belmonte, also a resident of Tract No. 4966, addressed the Council, inquiring about the run-off drainage waters from the dairies, stating that the odors are quite offensive, and asking if the dairies can be required to drain into a City sewer line. Following discussion concerning this matter and concerning the fly problem, it was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to place this matter on the agenda at this time. It was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to instruct the City Manager to investigate the fly and weste water drainage problems under discussion and present a report of this investigation at the next regular ~ity Council meeting, and further to request a meeting of the Fly Abatement Board if the Health Department determines there is a fly breeding hazard in the subject area. PUBLIC HEARING RE: APPF~L OF DECISION OF PLANNING COMMISSION ON ZONE CHANGE NO. Z-153 (C.S. DOUGLASS~ INVESTORS TRUSTS, INC.): The Mayor announced this was the time and place for the Public Hearing to consider an appeal of the decision of the Cypress Planning Commission in the denial of an applica- tion for amendment to the Zoning Ordinance No. 90, to change the zone from R-1 (One-family Residential) to C-1 (Neighborhood Stores) on property generally located north of the northwest comer of Moody Street and Orange Avenue, known as 9451 Moody Street, requested by William T. and Arliss M. Rogers, 9451 Moody Street, Cypress, California, known as Zone Change No. Z-153, said appeal filed by C. S. Douglass, President of Investors Trusts, Inc., 1801 Avenue of the Stars, Los Angeles, California, authorized agents for the applicants. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager presented a communication dated January 26, 1967, from Mr. C. S. Douglass, President of Investors Trusts, appealing the decision of the Planning Commission in denial of the Zone Change on the basis that there is a need for a small convenience market in the area, the adjacent property owners are not opposed, and there is other commercial property adjacent to the subject property. The City Manager further stated that the Affidavits of Publication, Mailing, and Posting of the Public Hearing notices were on file in the Office of the City Clerk, and no other conununications concerning this matter have been received. Planning Director George Putnam presented a report dated February 3, 1967, a copy of which is on file in the Office of the City CleIt% reviewing the action of the Planning Commission in denying this zone cha~ge. The Mayor asked if anyone in the audience wished to speak for or against the subject appeal. Mr. Robert Rent, representing Investors Trusts, Inc., addressed the Council, stating he felt this would not be untimely zoning and the dimensions were adequate for the proposed development and would allow sufficient parking area. Mr. R. H. Bettle, Southland Development Company, 1570 East 17th Street, Santa Aria, addressed the Council on behalf of the "7-11 Markets", indicating that a survey had been made of the subject area, which had determined that a market of tF~s nature was needed. The City Attorney advised the Council that it cannot consider the economic significance of a particular business in the rezoning of property. Mr. Robert Kent again addressed the Council, presenting a letter containing the names of adjacent property owners, indicating they were in favor of commercial zoning for the subject area. February 14, 1967 In answer to a question from Councilman Bowen, Mr. Bettle again addressed the Council, stating he feels no other small markets will develop within one- half mile, and large supermarkets are not competition to convenience type markets. Mr. William Rogers, applicant for the ~subject zone change, addressed the Council, reviewing his desires to develop his property, which he feels would be in the best interest of the City. He further stated he could not under- stand the problem of timing, which had been discussed by the Planning Commis- sion. The Planning Director advised that the subject parcel, although it can serve a function, does not lend itself to a total development scheme, and the present facts and figures cannot justify C-1 zoning. Discussion ensued concerning other types of development for the subject property. Mr. Robert Kent addressed the Council, requesting the Public Hearing on this matter he continued. Mr. Bettle addressed the Council, reviewing marketing studies which indicate the need for the small convenience-type market. Mr. John Eagleton, 4971 Lemon Street, Cypress, addressed the Council, stating that he is opposed to the subject matter as he feels there are a sufficient number of these stores in the community at the present time. Mrs. Jo~nSmith, 9399 Esther, Cypress, addressed the Council, stating that she agreed with the previous speaker, and asked permission to view the letter signed by the adjacent property owners. The City Attorney stated that the letter signed by the property owners was public information, but that it could not be considered as a part of the public hearing evidence. Mr. Gene Beelet, Investors Trust, addressed the Council, indicating that the proposed convenience market would be the only development to take place on the subject property. Mr. John Smith, 9399 Esther, Cypress, addressed the Council, suggesting the possibility of the subject property joining ~ith the adjacent property for an ~-1 type development. Mr. Kent addressed the Council, stating that if there is a question regarding the possibility of a small market being located = the subject location, he would like to ask for a variance in order to allow this use. The City Attorney advised that the City's Zoning Ordinance would not permit a Use Variance such as suggested by Mr. Kent. Mr. Richard Parker, 4662 Ashbury, Cypress, addressed the Council, suggesting the proposed plan was not proper in that the entire area is not being considered Dr development. Councilman Kanel stated that he was not opposed to this zone change and he cannot foresee problems developing from the use of the property as desired. There being no further oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney and seconded by Councilman Harvey to concur in the decision of the Planning Commission and to deny Zone Change No. Z-153. Prior to voting on this matter, Councilman Kanel stated for the record that he thinks it would be good for the property owner to be able to sell his property for business purposes. The 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 Councilman Bowen suggested the possibility of rezoning the present C-1 property to be developed by Gulf Oil, following which he made a motion which was seconded by Councilman Harvey and unanimously carried, to place this matter on the agenda at this time. February 14, 1967 It was moved by Councilman Bowen, seconded by Councilman Harvey, and carried, to refer to the Planning Commission for study and possible rezoning, the northwest corner of Moody and Orange. Mr. Robert Kent addressed the Council, asking if the Council could defer action on the appeal of Zone Change No. Z-153 until the study just authorized was completed. The City Attorney advised that this could ~ done if the previous action in denial of the zone change were rescinded and the public hearing re-opened. It was moved by Councilman Bowen and seconded by Councilman Harvey to rescind the previous action in denial of the appeal of Zone Change No. Z-153. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, and Noe McCarney None It was moved by Councilman Bowen and seconded by Councilman Harvey to re-open the Public Hearing on the appeal of Zone Change No. Z-153. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, and Noe McCarney None Mr. Robert Kent addressed the Council, giving his consent to continuation of the Public Hearing. It was moved by Councilman Harvey and seconded by Councilman Bowen to continue the Public Hearing concerning the appeal of Zone Change No. Z-153 until the regular City Council meeting of March 13, 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 RECESS: The Mayor declared a recess at 9:02 p.m. The meeting was called back to order at 9:07 p.m., all City Councilmen being present. COMMUNICATION FROM CITY OF COSTA MESA RE: PRE-EMPTION IN FIELD OF VICE AND GAMBLING: The City Manager presented a communication dated January 18, 1967, from the City of Costa Mesa, requesting the City Council's support of a Resolution urging legislative action with respect to pre-emption by the State in the field of vice and gambling. The City Manager advised that the League of California Cities has investigatetthis matter and will probably sponsor legislation in this regard. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to direct the City Manager to communicate with the Leag~ of California Cities and the legislative representatives from this area, indicating the support of the Cypress City Council in legislation which allows greater flexibility to cities in adopting local ordinances controlling vice and gambling within the community. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: INSTITUTE OF LABOR RELA- TIONS: The City Manager presented a communication dated January 16, 1967, from the League of California Cities, announcing the Second Institute of Labor Relations to be held on March 8, 9, and 10, 1967, in Los Angeles, said institute to aid ~n the understanding of the labor movement and relationships with employee organizations. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to authorize the City Manager to register for the Second Institute of Labor Relations for City Officials, and that the City Council members indicate their availability or interst in participating ~ the Institute, the expenses for which will be reimbursable. February 14, 1967 COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT TRANSMITTING JANUARY MINUTES OF BOARD MEETING: The City Manager presented a communica- tion dated January 26, 1967, from the Orange County Mosquito Abatement District, transmitting a copy of the minutes of the District of January 19, 1967. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY WATER DISTRICT RE: ENDORSEMENT OF FLOOD CONTROL BOND ISSUE: The City Manager presented a communication dated January 31, 1967, from the Orange County Water District to the Orange County Board of Supervisors, transmitting a resOlUtion endorsing the $46.4 million bond issue for flood control and water conservation, to be submitted to the voters on March 21, 1967. Also presented was a communication dated February 7, 1967, from William D. Martin and Phillip J. Reilly, Co-Chairman of the Citizens Conmittee for Flood Control and Water Conservation, requesting City Council support of this bond issue program. Following a review of the vital concern of the City in this issue, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to adopt the following Resolution and request the City Manager to transmit a copy of the Resolution to the Orange County Board of Supervisors and to the appropriate City organizations, urging their support of this bond proposal. Title of the Resolution is as follows: RESOLUTION NO. 755 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENDORSING THE PROPOSED $46,400,000 ORANGE COUNTY FLOOD CONTROL AND WATER CONSERVATION BOND ISSUE FOR 1967 The Public Works Director advised that representatives from the Orange County Flood Control District are available to speak before community organizations to explain the forthcoming bond issue. Councilman Kanel suggested that the City Manager prepare appropriate press releases, stressing the importance of passage of this issue to the City and surrounding areas, including information as to the amount of monies for drainage facilities which will accrue to the City if this bond issue is approved. The City Council members concurred in this suggestion. COMMUNICATION FROM ST. MARY'S HOSPITAL GUILD REQUESTING WAIVER OF ADMISSIONS TAX FOR DAY AT THE RACES: The City Manager presented a communication dated January 30, 1967, from Leslie E. Still, Jr. and Mrs. James E. Miller, representing the St. Mary's Hospital Guild, Inc., of Long Beach, requesting a waiver of the Admissions Tax for the 13th "Annual Day at the Races" to be held at the Los Alamitos Race Tract on April 19, 1967. The Guild is a non- profit organization carried on wholly for the benefit of charitable purposes, and the City Council has granted similar waivers of the admissions tax since 1961. It was moved by Councilman Bowen and seconded by Councilman McCarney to authorize the waiver of the Admissions Tax on those tickets sold by the St. Mary's Hospital Guild for its "Day at the Races" to be held on April 19, 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 COMMUNICATION FROM CALIFORNIA ROADSIDE COUNCIL RE: OPPOSITION TO PORTION OF HIGHWAY BEAUTIFICATION ACT OF 1965: The City Manager presented a communica- tion dated January 31, 1967, from the California Roadside Council, requesting the City Council to adopt a Resolution in opposition to a portion of the Highway Beautification Act of 1965, which deals with the compensation requirement of non-conforming billboards. February 14, 1967 The Roadside Council feels that the present provisions dealing with compensa- tion for non-conforming billboards could disrupt the standard principles which allow jurisdictions to amortize billboards, non-eonforming uses, and public nuisances over a period of time without compensation. It was moved by Councilman McCarney and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 754 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS OPPOSING THE COMPENSATION PROVISIONS OF NON-CONFORMING BILLBOARDS, AS CONTAINED IN THE FEDERAL HIGHWAY BEAUTIFI- CATION ACT OF 1965 The 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 COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF OFF-SALE LICENSE AT U-TOTE'M MARKET: The City Manager presented a comanunica- tion from the Department of Alcoholic Beverage Control, notifying the City of an application for transfer of the off-sale beer and wine license at the U-T~te'MMarket at 4461Cerritos, Cypress, to Ellen W. and Mortimer Rosenfeld. The Police Department has found no basis for protest of this transfer. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. CONSIDERATION OF FINAL TRACT MAP NO. 6276 (LARWIN COMPANY): The City Manager presented Final Tract Map No. 6276, 19.779 acres, consisting of 98 R-1 lots at the northvast corner of Orange Avenue and Bloomfield Street, as requested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Public Works Director presented a report dated February 8, 1967, reviewing the subject map, outlining the proposed drainage solution for the area, and recommending approval of the map subject to the completion of various requirements. Discussion eneued concerning the drainage requirements in the area. Council- man McCarney inquired as to the advisability of approving this map if the drainage solution in the adjacent areas has not been reached. The Public Works Director advised that the subject tract would be satisfactorily drained through the proposed solutions, and the City Attorney advised that the City Council should only be concerned with the drainage for the tract map in question. The City Manager reviewed the actions which had been taken in the past regarding the drainage to the north of the subject tract map. Mr. Lee Goldin, representing the Larwin Company, addressed the Council, stating that the map has been prepared in accordance with the Master Plan of Drainage. He also indicated that construction of the Master Plan portion of the facilities will be a joint project, with the Larwin Company advancing the funds for the basic construction of the underground facility and the developer to the north ~aying his portion of the cost to handle his development. Mr. Peter Van Ruiten, property owner to the north of the subject tract map, addressed the Council, regarding discussions held in the past concerning the drainage solutions in the area, with particular reference to the development of Tract No. 5072. Mr. Van Ruiten also referred to a past meeting with the City Manager and Public Works Director regarding drainage solutions for his property. At the request of the Council, Mr. Paul Pitts, representing the mobile home park proposing to develop on Mr. Van Ruiten's property, addressed the Council, reading in part the conclusions reached at the meeting referred to by Mr. Van Ruiten. Mr. Pitts further stated he feels Mr. Van Ruiten has been handicapped in the development of his property and he would suggest that some consideration be given to him by the City. February 14, 1967 Councilman McCarney made a motion, which was seconded by Councilman Bowen, to continue consideration of this tract map for one month. Prior to voting on this motion, further discussion ensued. Mr. Paul Pitts addressed the Council, stating he objected to any delay as it would not be to the advantage of the Larwin Company or Mr. Van Ruiten. Mr. Lee Goldin addressed the Council, indicating that his company is cooperating with Mr. Van Ruiten in arriving at a solution to the drainage problem, and he feels a delay is not warranted. Further discussion was held regarding the drainage in the area, with the Public Works Director explaining in detail the various drainage solutions. Councilman Bowen withdrew his second to the motion to continue this matter, and Councilman McCarney withdrew the motion. It was moved by Councilman Bowen and seconded by Councilman Kanel to approve Final Tract Map No. 6276, accept the bonds and agreements for public improvements in the total amount of $203,300.00, which is not less than 50% and not more than 100% of the total improvements; authorize the Mayor and City Clerk to sign the bondsand agreements; and authorize the City Clerk to sign the record map upon completion of the following requirements: 1. The drainage ditch extending from Orange Avenue southerly to the retarding basin shall be designed to accept storm flow from all the area north of Orange Avenue subject to approval by the City Engineer. 2. The drainage ditch shall be reconstructed as required and the existing fence shall be relocated. 3. Maintenance of the ditch shall be guaranteed in a form sailsfactory to the City. 4o Liability insurance regarding the open drainage ditch shall be furnished, naming the t ity as one of the insured parties against public liability in the amount of five hundred thousand dollars (~500,000) and one million dollars ($1,000,000). 5. The drainage district assessment fees for Tract No. 6276 in the amount of $18,790.05 shall be credited against the amount due Larwin Company under a reimbursement agreement for the construction of drainage facilities in the 2-t Drainage District in lieu of actual payment of said amount. 6. Approval of bonds, agreements, and public liability insurance by the City Attorney. 7. Execution of an agreement for construction of the portion of the Master Drainage facRity required to drain Tract No. 6276. 8. Approval of a contract by the City CouncR for construction of a portion of the Master Drainage facility required to drain Tract No. 6276. 9. The above items shall have been resolved to the satisfaction of the City prior to recordation of the map. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDSt TRACT NO. 5072 (SHATTUCK CONSTRUCTION COMPANYI: The City Manager presented a report dated February 7, 1967, from the Public Works Director, recommending acceptance of the public improvements and release of the bonds for Tract No. 5072. A cash deposit has been posted to guarantee final construction on Cheshire Drive and to guarantee drainage channel maintenance for a period of two years. February 14, 1967 It was moved by Councilman Bowen and seconded by Councilman Kanel to accept the Public Improvements in Tract No. 5072 and authorize the City Clerk to release the monumentation bond and Performance Bond in 90 days and the Labor and Materials Bond in 180 days, providing no mechanics liens have been filed. The motion was unanimously carried by the following roll cell vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None RECESS: Mayor Noe declared a recess at 10:30 p.m. The meeting was called back to order at 10:35 p.m., all City Councilmen being present. ACCEPTANCE OF STREET WIDENING AND CONSTRUCTION OF ORANGE AVENUE (C.E. HURLEY CONTRACTING CORPORATION): The City Manager presented a report dated February 6, 1967, from the Public Works Director, recommending acceptance of the street construction and highway lighting improvements on Orange Avenue and Grindlay Street. It was moved by Councilman Kanel and seconded by Councilman McCarney to accept the street construction and highway lighting improvements for Construction Project No. R-007-65-66 at Orange and Grindlay, as completed by the C. E. Hurley Contracting Corporation, and authorize the City Clerk to release the bonds in 90 days if 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 ACCEPTANCE OF PAVING OF PUBLIC WORKS MAINTENANCE YARD (WESTERN PAVING COMPANY): The City Manager presented a report dated February 9, 1967, from the Public Works Director, recommending the acceptance of the paving of the Public Works Maintenance Yard on the Civic Center site. It was moved by Councilman Bowen and seconded by Councilman Harvey to accept the paving at the Public Works Maintenance Yard located at the northeast corner of Orange and Grindlay Street, known as Construction Project B-001- 66-67-4, as completed by Western Paving Company, and authorize the City Clerk to release the bonds in 90 days if 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 ACCEPTANCE OF ADDITIONAL IMPROVEMENTS AND RELEASE OF BONDS, JUANITA STREET NORTH OF TRACT NO. 5669: The City Manager presented a report dated February 7, 1967, recommending acceptance of the additional public improve- ments required on Juanira Street northerly of Tract No. 5669, as completed by the Larwin Company. It was movedby Councilman Bowen and seconded by Councilman Harvey to accept the additional public improvements required on Juanita Street northerly of Tract No. 5669, and authorize the City Clerk to release the labor and material bond in 180 days and the faithful performance bond in 90 days if 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 CLAIM FOR REFUND OF PORTION OF WEED ASSESSMENT CHARGE--CHARLES M. AND ARLETA P~LAND: The City Manager presented a report dated February 7, 1967, regarding a claim for Charles M. Pahland and Arleta Pahland, 4742 Lincoln Avenue, Cypress, for refund of a portion of the weed assessment charge leived by the City in conjunction with the recent weed abatement program conducted throughout the City. The claim has been reviewed by both the Public Works Director and the City Attorney, who have indicated that the allegations in the claim are not correct and that the said assessment was levied in accordance with the requirements of the Weed Abatement Act of the State. For these reasons, the staff has recommended denial of the claim by the Pahlands. February 14, 1967 Mr. John Schooling, representing the Pahlands in this matter, addressed the Council, clarifying the amount of the claim, which is in the total amount of $2,631.72. The City Attorney advised that two public hearings had been held before the City Council regarding the weed abatement program, and stated that he had written to Mr. Miller, who also represented Mr. and Mrs. Pahland, asking him to show how the City did not comply with the requirements; however, to date, he has not received a repty to this letter. Mr. Schooling again addressed the Council, stating that the Pahlands had removed the weeds and assumed they had complied with the City's requirements; however, the weed abatement contractor proceeded to remove dirt and lumber, leaving a hole in the property. The City Manager stated that he had personally viewed the subject property prior to any removal of debris, indicating that there was extensive rubbish on the property, making it one of the most unsightly properties in the City. It was moved by Councilman Bowen and seconded by Councilman Kanel to deny the claim of Charles and Arleta Pahland for the partial refund of weed abatement charges. 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 PRESENTATION OF CERTIFICATES ON SUPERVISORY TRAINING COURSE: The City Manager advised that all Department Heads had recently completed a course in Supervisory Methods in Municipal Administration, a 15-week in-service training course prepared by the International City Managers' Association and supervised by the Assistant City Manager. The City Manager then presented certificates to the individual Department Heads, in recognition of completion of this course. PAYMENT OF LITIGATION COSTS: The City Manager presented a report dated February 9, 1967, outlining in detail the litigation costs incurred by the City during the past fiscal year. Under the past policy of the City Council of paying $1,000 per month on these costs, it is difficult to determine the amount of litigation costs accruing to the City each month, since the payment made to the Attorney covers all past-due costs in addition to those that are incurred each month. The balance due on litigation costs as of Decemb,er 31, 1966, is $10,077.70. The report further recommended that the City Council consider the full payment of these costs at this time, plus an additional amount to be budgeted to cover any unexpected litigation costs for the remaining months of the fiscal year. It was moved by Councilman Bowen and seconded by Councilman Harvey to authorize the transfer of $16,000 to the City Attorney Account from the Reserve for Capital Improvements, and further authorize the Finance Department to prepare a warrant in full payment for past litigation charges due the City Attorney. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None ANALYSIS OF CITY DRAINAGE SYSTEM: Due to the latehem of the hour of the meeting and the complexity of this matter, it was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to continue consi- deration of the Analysis of the City's Drainage System until an adjourned regular meeting to be held on February 20, 1967. RESOLUTION ESTABLISHMENT POSTING PLACES WITHIN THE CITY: The City Manager presented a report dated February 9, 1967, outlining the need to adopt a new Resolution establishing the posting places within the City for legal notices. A Resolution has been prepared, designating the three posting places as the City Hall, the Cypress Branch Library at Moody and Myra, and the Cypress Post Office Substation on Ball Road. February 14, 1967 It was moved by Councilman Harvey and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 756 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING POSTING PLACES WITHIN THE CITY The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILb~N: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None APPROVAL OF WARRANT LIST~ WARRANTS NO. 16558 THROUGH 16655: Following discussion concerning various warrants on the warrant list, it was moved by Councilman Harvey and seconded by Councilman Bowen to approve the Commercial Warrant List for Warrants No. 16558 through 16655, in the total amount of $103,585.29. 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: MOBILE HOME COURTS: It was moved by Councilman Bowen, seconded by Counc~man Harvey, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 340 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, SECTIONS 110.2, 114.2, AND 125.20 RE: MOBILE HOME COURTS It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None ACCEPTANCE OF IMPROVEMENTS IN TRACTS NO. 4421 AND 4966 (BALL PROPERTIES): At the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to consider at this time the acceptance of improvements in Tracts No. 4421 and 4966. The City Attorney advised that the City has received the final payment for the improvements requi~ed in Tracts No. 4421 and 4966, originally developed by Ball Properties, Inc., which covers all improvements with the exception of the lowering of the oil ~nes and completion of the median island on Knott Avenue. As a condition to delivering of this payment, the Bonding Company is asking that the City accept the improvements, which, according to the Public Works Department, have been completed in accordance with the Plans and Specifications. It was moved by Councilman Bowen and seconded by Councilman McCarney to accept all improvements in Tracts No. 4421 and 4966 which have been completed in accordance with the plans and specifications. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILFIN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None APPROVAL OF AWARD OF CONTRACT FOR CONSTRUCTION OF CERRITOS AVENUE STORM DRAIN, EAST OF MOODY (LARWIN COMPANY): At the request of the City Manager, it was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to place on the agenda at this time a report concerning the ~ard of contract for the construction of the Cerritos Avenue Storm Drain. February 14, 1967 The City ~nager presented a report dated February 10, 1967, from the Public Works Director, outlining the results of bids received by the Larwin Company for the construction of the Cerritos Avenue storm drain from 1154 feet east of Moody to 200 feet east of Moody, 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 approve the award of the contract by the Larwin Company for the construction of the Cerritos Avenue Storm Drain to the Lomar Corporation, 700 Fifth Street, Huntington Beach, California, in the amount of $16,~76.40. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None ACCEPTANCE OF IMPROVEMENTS ON KNOTT STREET IMPROVEMENT, SOUTH OF CEILRITOS AVEN~E~ (R.J. NOBLE COMPANY): At the request of the City Manager, it was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to consider a report concerning the acceptance of improvements on Knott Street at this time. The City Manager presented a report dated February 10, 1967, from the Public Works Director, recommending acceptance of the improvements completed by the R. J. Noble Company on Knott Street south of Cerritos Avenue, adjacent to Tract No. 4421. This acceptance does not include the lowering of the oil lines or relocatton of the communication poles. It was m~ved by Councilman Bowen and seconded by Councilman Kanel to accept the street improvements on Knott Street south of Cerritos Avenue, which were completed in accordance with Plans and Specifications, as constructed by the R. J. Noble Company, and authorize the City Clerk to release the bonds in 90 days if 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, Ita~vey, Kanel, McCarney, and Noe None None EXTENSION OF TIME FOR COMPLETION OF CITY COUNCIL CILAMBERS: At the request of the City Manager, it was moved by Coundlman McCarney, seconded by Councilman Bowen, and unanimously carried, to consider a request for an extension of time in completion of the City Council Chambers at this time. The City Manager advised that the original extension of time for completion by the Azar Construction Company of the City Council Chambers would expire on February 15, 1967; however, due to problems in obtaining the doors and proper hardware, and also in attempting to coordinate the work with the landscape architect, the contractor has requested an additional time period, to expire on February 24, 1967. It was moved by Councilman Kanel, and seconded by Councilman Harvey, to recommend to the Cypress Civic Center Corporation an extension of time for the Azar Construction Company to complete the Council Chambers, said exten- sion to expire on February 24, 1967. 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 ORAL COMMIJNICATIONS: 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 McCarney, seconded by Councilman Bowen, and unanimously carried, to adjourn this meeting at 11:20 p.m. until 7:30 p.m. on Monday, February 20, 1967. ATTEST: iT dLEP~K~bF ~ CITY OF CYPRESS MAYOR OF {HE CIT~ O~YPRESS February 14, 1967