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Minutes 67-02-27MINUTES OF IqiE CITY CODNCIL OF 1HE CI"~ OF CYPRESS HElD February 27, 1967 The regular meeting of the Cypress City Council was called to order at 3:00 p.m. on February 27s 1967, by Deputy City Clerk Dorothy Jones in the City Council Chambers, 9471 South Walker Street, Cypresss California. ~SENT: CoanctlmenBowensHarvey, Kanel, MoCamey, and Noe There not being a quorum, the Deputy City Clerk declared the meetlng adjourned at the hour of 3:02 p,m. untll 4:00 p,m. this date. CALL TO ORDER: The Mayor called the mee=ing to order at 4:00 p,m. in the City Council Chambers, with the following in attendance: PRESENT: Councilmen Bowen, Harvey, Kanel, McCaruey, and Noe ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, Assistant City Manager Dartell Dalton, and Planning Director George Putnam. MINUTES: It was moved by Cou~cilm~n Harvey, seconded by Councilman Kanel, and unanimously carried, to approve the minutes of the Joint Meetins of the City Council and Plannin~ Cu~=tssion held on January 19, 1967, as mailed. STAFF REPORTS AND DISCUSSIONS: The City Manager advised that a representative from the firm prepartag the Annual Report would be present at the meeting to review the Annual Report draft with the City Council, The City Manager reviewed a request of the Larmin Company to change the development plan of one of the Tanglewood Townhouse Areas to a sin~le- fnm~ly type of development. He also discussed possible changes in drainage commitments between the City and the Larwin Company if a chan~e in the development plans were approved by the City Council. Following considerable discussion conceruin~ this matter, the members of the City Conacil voiced no objection to the proposed development change, which would require a revised Conditiumal Use Permit, and the City Manager stated that a comprehensive report regarding financial cam~ttments with reference to drainage would be presented at a later meeting. Mr. Mike McFadden, representing the firm preparing the Annual Report, reviewed the draft of the report with the City Council. Various suggested changes were recommended by the City Manager and members of the Council, The City Manager outlined the offer of the Larmtn Cumpany to sell to the City the landscapin~ at the Lakepark Model Site, which is being abandoned, and indicated that informal bids received by the City for the removal and relocation of the plans and trees were far in excess of that anticipated. Followin~ discession comceruing the desirability of securin~ at least a portion of the plants and trees for planting at the Noody and Myra Perk site, it was moved by Councilmam McCaruey, seconded by Councilman Harvey, and unanimously carried, to place this matter on the agenda at this time. It was moved by Geunctlmnn Bowan and seconded by Councilman Harvey to authorize a credit under the optional desiEn standards for Tract No. 6318 for the removal of the trees and plants from the LakeparkModel Home site area to the Cedar Glen Park. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCIL~N: ABSENT: 0 80UNCLIMEN: Bowen, Harvey, Kanel, McCaruey, and Noe None February 27, 1967 The City Manager suggested that if the Council bad no objection at this time, a formal report would be presented t the next Council meeting which would review the need for the appointment of an Administrative Assistant in lieu of continuing the Student Intern program. The City Council voiced no objection to reviewing a report on this matter at the next City Council meeting. In answer to questions from Councilman Bowen, the City Manager reviewed the changes recommended by the State Fire Marshal's Office in the Police Department's Jail facilities, and also indicated that a report would be presented to the City Council at the next regular meeting concerning use of the City Council Chambers by other organizations. Counctlm~n Harv&y reported that rats had been seen in the vicinity of Ball and Juanits. The City Manager advised that the staff would investigate this problem. RECESS: It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to declare a recess at 5:34 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: Councilman Bowen, Harvey, McCarney, and Noe ABSENT: Councilman Kanel Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, Public Works Director Arthur Schatzeder, Planning Director George Putnam, Police Chief George Savord, Finance Director Jim Grissom, and Building Superintendent Tam Nudson. ORAL COPR~UNICATIONS: No oral communications were presented at this time. COUNCILMAN KANEL ARRIVED AT 7:31 P.M. AND TOOK HIS CHAIR ON THE PODIUM PUBLIC HEARING RE: ZONE CHANGE NO. Z-154 (HOME SAVINGS & LOAN): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance No. 90, to change the zone of a certain parcel of land from R-1 (One-family Residential) to C-1 (Neighborhood Stores), generally located at the southwest corner of Knott Avenue and Orangewood Avenue, known as Lot No. 90 of Tract No. 5338, requested by Home Savings & Loan, 9245 Wilshire Boulevard, Beverly Hills, California (Don Wilson Builders, 2918 West Compton Boulevard, Garden, authorizdd agents), known as Zone Change No. Z-154. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager stated that the affidavits of posting, publishing, and mailing of the Public Hearing notices mere on file in the Office of the City Clerk and no written communications concerning this ma~er had been received. Planning Director George Putnam reviewed the subject zone change, which had been recommended for approval by the Planning Commission. He advised that the subject area had been set aside from the subdivision for Tract No. 5338 in anticipation of development of a neighborhood shopping center. The Mayor asked if anyone in the audience wished to speak for or against the subject Zone Change. Mr. Willis Warner, representing the applicant, addressed the Council, offering to answer any questions. February 27~ 1967 455 Mrs. Fred Neubauer, 6812 Jonathan Avenue, Cypress, addressed the Council, stating she is not in favor of additional smell shopping areas as proposed. The Planning Director explained that the subject neighborhood would not support a major shopping center, particularly due to the government-owned military property adjacent to the area. Mr. Richard Gilmore, 4178 Elizabeth Court, Cypress, addressed the Council, stating that as a f6rmer resident of the subject area, he would be in favor of the zone change io allow convenience-type shops for the residents of the area. Discussion was held concerning the fact that the City Council must consider only the desirability of the C-I zoning, not the particular use planned for the subject property, following which Mr. Roe Masullo, 10521Ritter Street, Cypress, addressed the Council, voicing objection to this provision of the City Code. The City Attorney explained the provisions of the Zoning Ordinance regarding the uses allowed in the various zones in the City. Mr. Belmonte addressed the Council, indicating that he would prefer w see a major merket chain as opposed to a small uoivenience-type market. Discussion ensued concerning develppment possibilities for the subject 3/4 acres site, with the City Manager stating that this area had been deleted ~om the adjacent subdivision in anticipation of commercial zoning. There being no written communications and no further oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilmen Harvey and seconded by Councilmen McCarney the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD STORES), ZONE CHANGE NO. Z-154 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 Councilmen Bowen and seconded by Councilmen 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 PUBLIC HEARING RE: ZONE CHANGE NO. Z-156 (MIDDLEBROOK, INC.): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance No. 9~ to change the zone of property generally located 250' north of the centerline of Cerritos Avenue on the west side of Valley View Street, from R-3 (Multiple-family Residential) to R-1 (Oue-f~mtly Residential), requested by Middle Brook, Inc., 1665 South Brookhurst, Anaheim, California (Robert C. Kay, authorized agent), known as Zone Change No. Z-156. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager stated that the affidavits of publication, meiling, and posting of the Notices of Public Hearing were on file in the Office of the City Clerk and no written communications concerning the matter had been received. Planning Director George Putnam reviewed the subject zone change, stating that the Planning Commission had recomanended approval. February 27, 1967 The Mayor asked if anyone in the audience wished to speak for or against the zone change. Hr. Robert Kay, 280 No. Wilshire Boulevard, Ariahelm, addressed the Council on behalf of the applicant, stating that the appliant is desirous of developing the property, however, all attempts to develop the property for an R-3 use have been unsuccessful. A gentlemen residing at 5996 Cathy, and Mr. Dale Voorhies, 5916 Cathy, Cypress, addressed the Council, both stating that they were in favor of the change of zone on the subject property, which is directly adjacent to their homes. Brief discussion ensued concerning the commercial site to the south of the subject property. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It wae~moved by Councilman Kanel, seconded by Councilman Bo~en, and unanimously carried, the following Ordinance be read by title only, title as lollors: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONINC ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-3 (MULTIPLE-FAMILY RESIDENTIAL) TO R-1 (ONE-FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-156 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: Bowen, Harvey, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Upon the suggestion of Mayor Noe, it was moved by Councilman Harvey, seconded by Counc~man Bowen, and unanimously carried, to consider Item No. 9 on the agenda at this time, regarding the Fly Control Problem in Tract No. 4966. FLY INVESTIGATIONS IN TRACT NO. 4966: The City Manager presented a report dated February 27, 1967, summarizing the results of an investigation conducted by the Orange County Health Department of the area a~lacent to Tract No. 4966, which indicated that there are three sou~cen of flies in the area, these being the Schunk Poultry Ranch on Cerritos in Anaheim, ahd Barnett Poultry Ranch on Knott Avenue in unincorporated County Area, and the Baroldi Dairy Fan on Cerritos within the City limits. He advised that the major contributor to the current fly problem, the Schunk Ranch, has employed a manure hauler to remove the chicken droppings from the ranch. The report also svmm-~ized the spraying program being provided by the Health Department and indicated that the City has requested the Health Department inspector to report to the City Manager's Office every other day to be informed of the fly problems which may develop throughout the City. Discussion was held among the Council members concerning the various aspects of the fly problem in the City. Mr. Robert Weilow, 9342 Lime, Cypress, addressed the Council, stating that stagnant water is allowed to collect adjacent to the railroad tracks on the west side of Valley View, which also could create a fly breeding problem. Mrs. Fred Neubauer, 6812 Jonathan Avenue, Cypress, addressed the Council, indicating that she had leaned of several of the remarks made at the last City Council meeting regarding her membership on the Fly Abatement Board, and stated that few prople realize how active she has been in trying to alleviate the fly problem in her area. She further reonmmended that the City consider the purchase of fly spray equipment for exclusive use in the City. February 27,1967 Mr. roe ~asullo, 10521Rttter Street, Cypress, addressed the Council, stating he feels the flies are not originating from the chicken ranch mentioned, and indicating his dissatisfaction with the City Councilts actions in solving the fly breeding problems has led hi to contact State officials regarding this matter. Councilman Harvey stated that the previous fly control discussions had been distorted by a newspaper article and reviewed the reasons for the origins1 appointments of Mr. Baroldi, Mrs. Neubauer, and Councilman Kanel to the Fly Abatement Board, Councihnan Kanel stated he felt the newspaper account was a factual report, and further indicated that according to the City Code the member on the Fly Abatement Board representing the Planning Commission did not have to be the Chairman of the Co-~tssion. Mr. Frank Vista, 5782 Lime Avenue, Cypress, addressed the Council, stating that the 4½ years in which he has resided in the City, the City Council has done nothing to alleviate the fly problem. In answer to a request from Mr. Hasullo, Councilman Bowen indicated that a visit to Mr. Nasullo~s home indicated the garage was infested with flies and many fly spots appeared on his house. Mr. Masullo again addressed the Council, stating that he feels Mrs. Neubauer and ~r. Baroldi should resign from the Fly Abatement Board. Hr. Belmonte, also a resident of Tract No, 4966, addressed the Council, indicating that remarks made against Kr. Baroldi were not on:~a personal basis, but are due to the fact that he ovns a dairy where flies breed. Mrs. Neubauer again addressed the Council, asking Councilman Kanel why he had not informed the other two Fly Abatement Board members of the requests he had received from the homeowners in the subject area regarding the fly problem. In answer to this question, Councilman Kanel indicated he did not feel this was necessary and he had told the homeowners to contact the Health Department and if no satisfaction was gained, to come before the City Council. Mrs. Neubauer indicated that she would be willing to resign from the Fly Abatement Board and also stated that she feels the Health Department is not adequately cooperating with the City in alleviating the problem. Mr. Carl De Pietro, 1422 Carriage, Santa Ana, addressed the Council on behalf of the property owners at 5782 Lima Avenue, Cypress, questioning whether all of the City Councilmen were aware of the extend of the problem and stating that it is the responsibility of the City Council to present a solution. Mr. Leo Baroldi, 6672 Cerritos Avenue, Cypress, presented the Council with a listing of the insecticides pruchased by him during the past ll-month period, and explained the various procedures used in fly control on his ranch. Mr. Baroldi als referred to newspaper accounts regarding his dairy, stating they were inaccurate and he felt such remarks could cause economic losses in his business. He also indicated that he has and will continue to follow the suggestions of the Health Department regarding fly control. Mr. Richard Gilmore, 4178 Elizabeth Court, Cypress, addressed the Council, suggesting that a program be set up for a continual fly abatement program by the Dairymen and Poultry ranchers, to be coordinated by the City Manager~s Office. Mrs. Neubauer addressed the Council, stating that a meeting was held some time ago ~or all dairymen and poultrymen in the City to attend with reference to the provisions of the new Fly Abatement Ordinance, and with the exception of the Health Department officials, City Officials, and her- self, only Mr. Baroldi and one chicken rancher artended the meeting. Mr, ~asullo again addressed the Council, stating that the Health Department representatives had told him that the residents should not worry about the flies as they are not carriers. Febmary 27, 1967 In answer to the various statements made by individuals in the audience that no action has been taken by the Council in alleviating the fly problem, Counc~man Harvey referred to the numerous occasions this matter has been discussed by the Council, stating that heknows of no one who knows the complete solution to the problem; therefore, the City must continue with its present controls through enforcement by the Health Department. He indicated that the fly problem has been diminishing with the removal of the dairies and chicken ranches from the area. Councilman Harvey also stated he regrets the large amount of newspap~publfcity such problems as this obtain, as it discourages industrial and commercial development in the City, as well as prospective purchasers of homes. He concluded by stated that he feels the City Council is doing all it can and he would welcome constructive c~iticism or suggested solutions for consideration by the Council in order to alleviate the fly problem. Mr. Belmonte again addressed the Council, inquiring about the stagnant water and open drainage ditches which breed flies and mosquitos, aSKing if the Baroldi Dairy Farm has open ditches. Mr. Baroldi addressed the Council, explaining the method of flushing the dairy water from his ranch. The City Manager stated that ~he~!most effective solution to the fly control problem is through the enforcement of the City's Fly Control Ordinance, which can be used to abate the fly breeding source. Following further discussion concerning the possibility of the City purchasing fly spray equipment, Mayor Noe requested that the other items on the agenda be discussed at this time, with further discussion on the fly control problem to be delayed until the end of the meeting. COMMUNICATION FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RE: REGIONAL PLANNING PROGRAM: The City Manager presented a co~mmnication dated February 15, 1967, from the Southern California Association of Governments, in, iting the participation of the City in a Regional Planning Program adopted by the S.C.A.G. General Assembly on November 4, 1966. It was moved by Councilman Bowen, seconded by Coundlmsn Harvey, and unanimsusly carried, this communication be received and filed. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: LEGISLATION: The City Manager presented aommunications received from the League of California Cities, advising the City of the latest legislative activity in Sacramento. The City Manager reviewed Senate Bill 133 and Assembly Bill 245, which are amendments to the Brown Act requiring that any co--,~ttee or sub-committee meeting consisting of two or more members of the legislative body must be open to the public and prohibiting executive sessions with the City on certain matters of litigation. City Attorney James Erickson reviewed the effect these bills would have upon the City, with particular ~eference to the requirement that the City openly discuss matters to be litigated by the City. Followi~brief discussion, it was moved by Councilman Bowen and seconded by Councilman Harvey to authorize the City Manager to notify the appropriate legislative officials and the League of California Cities of the City's opposition to these amendments, Prior to voting on this motion, Councilman Kanel stated that he would be in favor of those portions of the bills which would keep secrecy out of government, and he would be voting against the mb~ion. 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 CONSIDERATION OF FINAL TRACT MAP NO. 6307 (J. W. KLUC DEVELOPMENT COMPANY): The City Manager presented Final Tract Map No. 6307 , 12.13 acres, 64 R-I lots, located on the west side of Walker, south of Orange Avenue, as requested by the 3. W. Klug Development Company, 4540 Campus Drive, Newport Beach, California. February 27, 1967 458 B The Public Works Director reviewed the final tract map and the street improvements which will be required on both Walker and Orange Avenue, and indicated that the developer has agreed to construct Phase II of the Walker-Aspen Street Storm Drain under a reimbursement agreement with the City. It was moved by Councilman McCarney and seconded by Councilman Harvey to accept the bonds and agreements for public improvements in the amount of $136,500 for Tract No. 6307 and $33,000 guaranteeing improvements on Walker Street and Orange Avenue, which amounts are not less than 50% and not more than 100% of the total improvements; authorize the Mayor and City Clerk to sign the bonds and agreements; authorize the City Clerk to sign the record map upon completion of the following requirements: Approval of the reimbursement agreement for the Walker-Aspen Street Storm Drain by the City Attorney. Final corrections to be made on the Tract Map and improvement plans. 3. Approval of bonds and agreements by the City Attorney. Prior to voting on this motion, Councilman Kanel stated that although he had originally opposed the Tentative Tract Map for this area, he would not oppose the approval of the final tract 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 AUTHORIZATION TO ADVERTISE FOR BIDS FOR 1967 WEED AND RUBBISH ABATEMENT PROGRAM: The City Manager presented a report dated February 23, 1967, from the Public Works Director, reviewing the proposed weed and rubbish abatement program for 1967 indicating that specifications have been completed by the Public Works Department. In answer to a question from Councilman Harvey, the City Manager and Pub lizWorks Director reviewed the ~ocedure to be used by individuals wishing to clean the weeds from their own property. It was moved by Councilman Harvey and seconded by Councilman McCarney to approve the Weed and Rubbish Specifications and authorize the City Clerk to advertise for bids to be received by 10:00 a.m. on March 23, 1967. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Noe APPROVAL OF REIMBURSEMENT AGREEMENT FROM PHASE II OF WALKER-ASPEN STREET STORM DRAIN: The City Manager presented a report dated February 23, 1967, from the Public Works Director, reviewing a proposed reimbursement agreement for the construction of Phase II of the Walker-Aspen Street Storm Drain, ~hich is a part of the Master Plan of Drainage. It was moved by Councilmen Bowen and seconded by Councilman Harvey to approve and authorize the Mayor to sign and City Clerk to attest the Reimbursement Agreement between the J. W. Klug Development Company and the City of Cypress for construction of Phase II of the Walker-Aspen Street Storm Drain. 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 DISTRIBUTION OF ANNUAL REPORT: The City Manager presented a report dated February 27, 1967, indicating that the Federation for Conmaunity Affairs had reconsidered their offer to hand-deliver the City's Annual Reports, and would not be able to undertake this project at this time. No further action was taken by the City Council on this matter. February 27, 1967 459 ANNUAL RENEWAL OF EMPLOYEES HEALTH AND LIFE INSURANCE PROGRAMS: The City Manager presented a report dated February 27, 1967, reviewing the rate increases required for the employee group health and life insurance programs. The rate increase for health insurance would amount to $432.96 in additional cost to the City for the reminder of the fiscal year, and the increase in life insurance costs would be abeorbed by the employee. It was moved by Councilman McCarney and seconded by Councilman Bowen to approve the annual renewal with the California Physicians Service for the group health insurance program for City employees, as outlined in a communication dated February 7, 1967, from the Hansrein Insurance Company, and authorize a transfer of $450.00 from the Reserve for Capital Improve- ments to the Health Insurance Account of the Non-Departmental Budget. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None CERTIFICATION OF EMPLOYMENT LIST FOR POLICE DISPATCHER: The City Manager presented a report dated February 27, 1967, setting forth the results of an examination conducted for the position of Poke Dispatcher. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to certify the employment list for Police Dispatcher as submitted. MONTHLY VARIANCE REPORT OF REVENUES AND EXPENDITURES, JANUARY 1967: It was moved by Councilman Harvey, seconded by Councilman Bowen, and Unanimously carried~ to receive and file the Monthly Variance Report of Revenues and Expenditures for the month of January 1967. MONTHLY ACTIVITY REPORT FOR JANUARY 1967: It was moved by Councilman Harvey, seconded by Councilman McCarney, and Unanimously carried, to receive and file the Monthly Act~m[ty Report for January 1967. APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO. 16656 THROUGH 16695: Following discussion concerning various items on the warrant list, it was moved by Councilman McCarney and seconded by Councilman Harvey to approve the Co~ercial Warrant List, Warrants No. 16656 through 16695, in the total amount of $43,696.38. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None ADOPTION OF ORDINANCE AMENDING CITY CODE RE: LOCATION OF CITY COUNCIL CHAMERS: The City Manager presented a proposed Ordinance, amending the City Code to establish the location of the new City Council Chambers. 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. 34 1 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-2 OF THE CYPRESS CITY CODE, CHANGING THE PLACE OF CITY COUNCIL MEETINGS It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harveys Kanels McCarney, and Noe None None February 27, 1967 460 RECESS: The Mayor declared a recess at 9:37 p.m. The meeting was called back to order at 9:43 p.m., all City Councilmen being present. ORAL COMMUNICATIONS: Councilman Kanel referred to a newspaper article regarding the fly problem experienced in the City of Westminster, with particular reference to their difficulty in getting action from the Health Department. He further indicated he felt the Health Department should be made~are of its responsibility as the City~s Inspection Officials. Mrs. Fred Neubauer, 6812 Jonathan, Cypress, addressed the Council, suggesting more strict procedures be utilized by the Health Department in fly abatement. Discussion ensued concerning the possibility of the City purchasing fly spray equipment. It was moved by Councilman Kanel and seconded by Councilman Bowen to direct the City staff to prepare a report for City Council consideration regarding the costs involved in purchasing a~d operating City fly spray equipment, and further to direct the City staff to contact the City of Anaheim and the County of Orange, asking for their cooperation in correcting the fly problem at the Schunk and Barrett Poultry Ranches. Prior to voting on this motion, further discussion was held. Mr. Salizar, Ritter Street, Cypress, addressed the Council, asking if it would be possible to rent the fly spray equipment from the County, and stating that he had noticed an increase in the number of cows on the Baroldi Dairy Farm within the past month. In answer to a question from Councilman Harvey regarding a problem in the past with horses being ridden in residential areas, the City Manager indicated that the City had conmmnicated with the horse stables involved, asking that their patrons not u[ilize residential streets, and since that time, no further complaints had been received by the residential areas. Following further discussion concerning the possibility of purchasing City spray equipment, the Mayor called for a vote on Counc~man Kanel's motion which was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COIJNCII~N: Bowen, Harvey, Kanel, McCarney, and Noe None None Councilman Kanel indicated he felt the composition of the Fly Abatement Board should be reviewed, stating that he fe~ls Mr. Baroldi, as a member of the Planning Commission, should not sit on the Board due to his being a dairyman. Mrs. Neubauer again addressed the Council, stating that she would readily resign from the Board. Councilman Harvey stated that if there is any suspision or distruct regarding the membership on the Fly Abatement Board, perhaps all three meu~ers should be asked to resign and a new Board be established. Mr. Delno Kanode, 5184 Melbourne Drive, Cypress, addressed the Council, suggesting the possibility of expanding the membership o~ the Fly Abatement Board to five individuals, thereby allowing representation from the dairy industry as well as citizens from the residential areas. Mayor Noe explained that he felt both Mrs. Neubauer and Councilman Kanel had originally been appointed to the Fly Abatement Board due to their active interest in eliminating the fly problem in the community. Discussion ensued concerning the fact that there had never been an official meeting called dr'the Fly Abatement Board, with Councilman Kanel stating that the Health Department had not had occasion to require a meeting of the Board. Mr. Richard Gilmore addressed the Council, suggesting that instead of increasing the membership on the board, that perhaps the powers of the board could be expanded. February 27, 1967 The City Attorney explained the present provisions of the Fly Control Ordinance with reference to the powers of both the Health Department and the Fly Abatement Board, stating that the Board could be authorized to recommend investigations be made by the Health Department when such conditions come to their attention. Mrs. Neuhauer addressed the Council, stating she felt the Health Department was apathetic in its views toward the inspection program. Councilman Harvey concurred that one of the key ~oblems in this matter is that the City cannot implement the Fly Abatement Board until a citation is made by the County Health Department, and suggested that more pressure be exerted on the Health Department with reference to its inspection program. The City Manager suggested the possibility of regular meetings being held by the Fly Abatement Board with the members of the Health Departments thereby improving the co~waunication between the two bodies. Following further discussion, it was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to direct the City Manager to prepare a report for consideration at the next regular City Council meeting in reference to an expansion of both the Fly Abatement Board membership and its responsibilities. Mrs. Fred Neubauer again addressed the Council, asking about the status of a complaint she had registered with the City about one year ago regarding debris stored in the yard of her neighbor which constitutes a safety and fire hazard. Mr. Roe Masullo addressed the Council, stating that a similar problem had been experienced near his home and he was advised that no action could be taken by the City. With reference to this matter, the City Manager stated that both the Health Department and Fire Department had been requested to investigate the hazard but the Fire Department was not willing to file an action. Mr. Richard Gilmore again addressed the Council, asking if there was a Public Nuisance law which could he enforced in these cases. The City Attorney reviewed the State law whereby any public agency can bring a law suit to abate such a public nuisance, but stated that the City does not have a local Ordinance which specifically controls the type of nuisance which has been outlined. He further advised that the City staff is currently studying the possibility of enacting an ordinance to control the storage of abandoned vehicles and other debris on private property. Councilman Fanel referred to remarks made at the Council meeting regarding the local newspaper, stating that he feels it is up to the paper to write stories as it sees them~ which is apt to throw criticism on the councilmen at times. Mr. Richard Gilmore addressed the Council, stating that he has recently moved into the Tanglewood Townhouse development, asking about the possibility of having speed limit signs installed in the area as ~ny children play near the streets. The City Manager suggested that this matter be referred to the Traffic Committee. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, the meeting adjourn at 10:52 p.m. ATTEST: ,~ cr~ '~,K' o~' THF/CITY OF CYPRESS MAYO; OF THE CI~~ 461 February 27, 1967