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Minutes 67-03-13462 MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD March 13, 1967 The regular meeting of the Cypress City Council was called to order at 3:00 p.m. ohM arch 13, 1967, by Deputy City Clerk Dorothy Jones in the City Council Chambers, 5275 Orange Avenue, 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 in attendance. PRESENT: Councilmen Bowen, Kanel, McCarney, and Noe ABSENT: Councilman Harvey Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, and Assistant City Manager Dartell Dalton. MINUTES: It was moved by Councilman Bowen and seconded by Coundlman McCarney to approve the minutes of the meeting of February 14, 1967, as mailed. Prior to voting on this motion, Councilman Kanel stated that he would vote against this motion as he did not agree with some portions of the minutes regarding the fly abatement discussions. COUNCILMAN HARVEY ARRIVED AT 4:07 P.M. AND TOOK HIS CHAIR ON THE PODIUM Following further discussion concerning the minutes of the February 14th meeting, the motion to approve the minutes was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, McCarney, and Noe Fanel None STAFF REPORTS AND DISCUSSIONS: The City Manager advised the City Council members of a luncheon to be sponsored by the Southern California Edison Company on Wednesday, March 15, 1967, to discuss industrial development in the City. General discussion ensued concerning the barious aspects of the forth- coming Civic Center Dedication Ceremonies. It was agreed by all Councilmen to present Senator Kuchel with a Community Service Plaque in appreciation for his being the keynote speaker at the Dedication. The City Manager presented a communication received from the Federation for Community Affairs, congratulating the City on completion of the Civic Center facilities. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to consider this connunication under the Written Communications portion of the evening meefing. Mayor Noe presented a communication from Garden Grove Mayor George Honold, suggesting assistance by the individual Councilmen in purchasing a newspaper advertisement urging passage of Proposition W on the March 21st ballot. No action was taken by the Council at this time. Mayor Noe presented a communication from the Orange County Medical Association, requesting the proclamation of March 19-25 as Poison Preven- tion Week in the City of Cypress. There being no objections, Mayor Noe proclaimed this period as Poison Prevention Week in the City of Cypress. March 13, 1967 463 RECESS: It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to declare a recess at 5:15 p.m. until 7:30 p,m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilmen Bowen, Harvey, McCarney, and Noe ABSENT: Councilman Kanel Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, Public Works Director A. W. Schatzeder, Police Chief George Savord, Building Superinten- dent Tom Nudson, and Finance Director Jim Grissom, COUNCILMAN KANEL ARRIVED AT 7:32 P.M. AND TOOK HIS CHAIR ON THE PODIUM ORAL COMMUNICATIONS: No oral con~unications were presented at this time. Councilman Harvey suggested that the Salute to the Flag and Invocation be given at the beginning of the evening sessions of the Council meetings, and further suggested the possibility of having the flag salute led by local Boy Scouts. CONTINUATION OF PUBLIC HEARING RE: APPEAL OF PLANNING COMMISSION DECISION ON ZONE CHANGE NO. Z-153 (INVESTORS TRUSTS, INC.): The Mayor announced this was the time and place for the continuation of the Public Hearing to consider an appeal of the decision of the Cypress Planning Connnission in the denial of an application for amendment to the Zoning Ordinance No. 90 to change the zone from R-1 (One-family Residential) to C-A (Neighborhood Stores) on property generally located north of the northwest corner of Moody Street and Orange Avenue,known as 9451 Moody Street, requested by William T. and Arliss M. Roger,, 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 stated that the Public Hearing was open and requested the staff to present its reports. The City Manager advised that the Affidavit of posting of the Notice of Continuation of the PuSlic Hearing was on file in the Office of the City Clerk. He further presented a communication dated March 10, 1967, from Mr. Robert D. Kent, 3r., Secretary of Investors Trusts, Inc., requested that this matter be continued until further land use studies can be completed. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to continue the Public Hearing on the Appeal of the Decision of the Planning Commission on Zone Change No. Z-153 until the City Council meeting of May 8, 1967. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT (FIRE DETECTION SERVICES, INC.): The Mayor announced this was the time and place for the Public Hearing to consider an application for Special Permit to solicit from door to door for the sale of Fire Detection Equipment, as requested by Fire Detection Services, Inc., 524 South Citrus, Covina, California. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager stated that the Affidavits of publication and posting of the Notice of Public Hearing were on file in the Office of the City Clerk and no communications concerning the matter ha~e been received. The City Manager presented a report dated March 10, 1967, reviewing the sections of the City Code pertaining to the issuance or denial of Special Permits. Police Chief Savord presented a report dated March 8, 1967, outlining the results of m investigation conducted of the applicant and the business, and recommending denial of the permit until such time as the Company clarifies the true status of the business, product, and sales practices. March 13, 1967 The Mayor asked if anyone in the audience wished to speak in favor of the application for Special Permit. Mr. Harry F. Came, applicant, addressed the Council, stating that he is the sole owner of Fire Detection Service, Inc., and inquired concerning the information presented by the Police Chief. Mr. Came stated that he was licensed in the City of Cypress for two years, holds licenses in several other Orange County cities, and has never been denied a license by any City. In answer to a question from Councilman Harvey, Mr. Came stated that his equipment has not been approved by any fire control agency as there have been no standards established for such equipment. He further stated that his equipment does not contain a smoke detection device, and therefore has not been submitted for approval to the City of Los Angeles Fire Department. Police Chief George Savord posed several questions to Mr. Came regarding the status of the business, an illegal entry into a Cypress residence in order to remove an alarm device, and concerning the possibility of his impersonating a Fire Official. Mr. Came replied that he had never been investigated for any of his actions and has definitely never impersonated a fireman. Following further discussion, the City Manager suggested the possibility of continuing the public hearing in order to allow an opportunity for the Police Chief and Mr. Came to ueet regarding discrepancies in the background investigation information. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to continue the Public Hearing on this matter until the City Council meeting of March 27, 1967. COMMUNICATION FROM FEDERATION FOR COMMUNITY AFFAIRS RE: COMPLETION OF CIVIC CENTER FACILITIES: The Mayor presented a communication dated March 13, 1967, from the Federation for Community Affairs, congratulating the City Council on the completion of the new Civic Center and Council Chambers facilities. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, this communication be received and filed. APPEAL OF DECISION OF PLANNING COMMISSION ON ZONE CHANGE NO. Z-153: A gentleman in the audience addressed the Council, indicating he had not understood the action of the City Council regarding the appeal of the decision of the Planning Comm4ssion on Zone Change No. Z-153. The City Manager explained that the applicant had requested the matter be continued and said request was granted by the City Council until the meeting of May 8, 1967. In answer to a question from Councilman Kanel, the City Attorney stated that no discussion should be held at this meeting regarding the subject appeal since the Public HeAring had been continued to another date. COMMUNICATION FROM COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING RE: REIMBURSEMENT TO CITY FROM PEACE OFFICER TRAINING FUND: The City Manager presented a communication dated February ~, 1967, from the Chairman of the Commission on Peace Officer Standards and Training, transmitting a check in the amount of $896.69 as reimbursement to the City from the California Peace Officer Training Fund. Following presentation of the reimbursement check by Chief Savord to the Mayor, it was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, this communication be received and filed. COMMUNICATION FROM STATE DEPARTMENT OF WATER RESOURCES RE: WATER WELL STANDARDS: The City Manager presented a communication dated February 1, 1967, from Mr. W. R. Gianelli, Director of the State Department of Water Resources, transmitting an Interim Edition of Chapter V, "Standards", to the Department of Water Resources Bulletin No. 74, "Water Well Standards, State of California", requesting that the City Council forward any cou~nents relative to this matter prior to public hearings scheduled to consider the Water Well Standards. March 13~ 1967 The Public Works Department has reviewed these standards and discussed them with the Southern California Water Company, and has no objections. It was moved by Councilman Bo~en, seconded by Councilman Harvey, and unanimously carried, this communication ba received and filed. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: ON-gALE GENERAL LICENSE AT LOS ALAMITOS RACE COURSE, DURR BROTHERS, INC.: The City Manager presented a con~aunication from the Depertment of Alcoholic Beverage Control, notifying the City of the renewal of the on-sale general license at the Los Alamitos Race Course currently held by Durr Brothers, Inc. It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: BOARD MEETING MINUTES: The City Manager presented a communication dated February 23, 1967, from the Orange County Mosquito Abatement District, transmitting a copy of the Board Meeting minutes of February 16, 1967. It was moved by Counc~man Bowen, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. COMMUNICATION FROM SOUTHERN CALIFORNIA~SOCIATION OF COUNTY SUPERVISORS RE: CHANGE IN MAYO-BREED FORMULA FOR ALLOCATION OF STATE GASOLINE TAX: The City MAnager presented a communication dated February 28, 1967, from the Southern California Association of County Supervisors, transmitting a copy of a Resolution relating to legislation to revise the Mayo-Breed Formula for the allocation of State Gasoline Tax. The communication further requests that the City Council support this matter through adoption of a similar Resolution, urging the State Legislature to revise the Mayo-Breed Formula to allow for 60% of the State Highway revenue to be returned to Southern California counties and 40% to Northern California Counties. It was moved by Councilman McCarney and seconded by Councilman Harvey to adopt the following Resolution, title as follows: RESOLUTION NO. 757 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING LEGISLATION TO REVISE THE MAYO-BREED FORMULA FOR THE ALLOCATION OF STATE GASOLINE TAXES The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None COMMUNICATION FROM CITY OF SANTA ANA RE: AMENDMENT TO STREETS AND HIGHWAYS CODE RE: GAS TAX PROGRAM ADMINISTRATION: The City Manager presented a communication dated February 28, 1967, from the City Council of the City of Santa Ana, transmitting a Resolution requesting amendments to the Streets and Highways Code regarding administration of the gas tax street improve- ment program. The City Manager reviewed the proposed changed in the program and stated that these suggestions ~ould reduce the administrative costs in the street improvement programs and would allow additional flexibility to cities in planning for major street improvements. Following brief discussion, it was moved by Councilman Bowen and seconded by Councilman McCarney, to adopt the following Resolution, title as follows: RESOLUTION NO. 758 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING AMENDMENTS TO THE STREETS AND HIGHWAYS CODE RELATING TO ADMINISTRATION OF THE GAS TAX STREET IMPROVE- MENT PROGRAM March 13, 1967 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Fanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None COMMUNICATION FROM ORANGE COUNTY WATER DISTRICT RE: APPOINTMENT OF REPRESENTATIVE TO SANTA ANA RIVER REGIONAL WATER QUALITY CONTROL BOARD: The City Manager presented a connnunication dated March 1, 1967, from the Secretary-Manager of the Orange County Water District, transmitting a copy of a letter sent to the Governor of California on behalf of the Board of Directors of the'Orange County Water District, urging the appointment of Mr. Robert A. Daily as the Industrial Representative on the Santa Ana River Basin Regional Water Quality Control Board, and requesting the City Council's support of this appointment. It was moved by Councilmen McCarney and seconded by Councilman Kanel to support the appointment of Mr. Daily to this Board. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: I COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Fanel, McCarney, and Noe Bowen None COMMUNICATION FROM CITY OF SAN CLEMENTE RE: RESPECT FOR LAW AND ORDER: The City Manager presented a communication dated March 6, 1967, from the City of San Clemente, transmitting a copy of a Resolution requesting respect for law and order and urging legislative concern for Just and fair adjudica- tion of persons convicted of criminal activity. It was moved by Councilmen Harvey and seconded by Councilmen Bowen, the following Resolution be adopted, title as follows: RESOLUTION NO. 759 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS IMPLORING CITIZENS TO SHOW A GREATER RESPECT FOR LAW AND ORDER TO DETER INCREASING CRIMINAL P~TIVITY AND URGING LEGISLATIVE RECONSIDERATION FOR JUST AND FAIR ADJUDICA- TION OF PERSONS CONVICTED OF ACTS CONTRARY TO SOCIETY The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanet, McCarneys and Noe None None REVIEW OF FLY CONTROL PROCEDURES: The City Manager presented a report dated March 10, 1967, reviewing the provisions of the City Code regarding the activities of the Fly Abatement Board and the cost of purchasing and operating fly spray equipment. The report indicated that the duties of the Fly Abatement Board could be expanded through the enactment of administra- tive policy; however, an amendment to the City Code would be required if the Council were to expand the size of the Board. The report further reviewed the discussion held by the City staff with the Orange County Health Department representatives regarding the effectiveness of the fly spraying program, which indicated that the spraying does not eliminate the source of flies and only offers temporary relief. The anticipated costs for purchasing and operating of fly spray equipment was also reviewed. At the request of Councilman Harvey, the City Manager reviewed the results of a recent meeting held by the Fly Abatement Board with the Health Depart- ment Officials, wherein discussion was held regarding the method of conduct- ing three pending public hearings concerning violations of the Fly Cofitrol Ordinance. Councilmen Harvey inquired about the fly spray activities of the Health Department in the vicinity of Tract No. 4966. March 13, 1967 467 Mr. Roe Hasullo, 10521Ritter Street, Cypress, addressed the Council, stating that a weekly spraying program was to be conducted in that area, but in his opinion, the spraying program is a waste of time and money as it does not get at the breeding source. He further inquired as to why the three businesses which were discussed at the last City Council meeting as contributing to the fly program in the area of Tract No. 4966 were not these w~ich were cited by the Health Department. The City Manager stated that twoof the three businesses were not located within the City of Cypress, and therefore could not be cited under the Ctty's Fly Abatement Ordinance. Mr. Masullo again addressed the Council regarding the ineffectiveness of spraying for flies, and further stated that he is not in favor of Mrs. Neubauer or Mr. Baroldi being on the Fly Abatement Board. Councilman Kanel stated that one of the primary problems in fly control is the difficulty of getting the agricultural businesses to utilize the controls recommended by the Health Department. Mr. Masullo addressed the Council, stating that although Mrs. Neubauer represents their residential tract, she knows nothing about dairies, poultry ranches, or flies. In answer to a question from Councilman Bowen, the City Manager stated that the Schunk Poultry Ranch in Auaheim had been required by the Health Department to remove the fertilizer which was the major fly breeding source in the area. He indicated that the Baroldi Dairy Farm had not been cited by the Health Department, either due to the fact that there was not a fly breeding hazard or remedial action had been taken to remove any fly breeding source on the dairy. In answer to an inquiry from Councilman Kanel regarding the composition of the Fly Abatement Board, the City Manager stated that since the board is a quasi-Judicial body to hear evidence, he feels the membership should be equally distributed so that the number of City officials do not outweigh the number of other representatives. Discussion ensued concerning the number of members on the Fly Abatement Board, with Councilman Kanel stated that rather than expanding the membership on the Board, he would rather see two representatives appointed at large and one Councilman on the Board, with no representation from the Planning Connission. Councilman Harvey suggested the possibility of removing the present three members of the Fly Abatement Board and establishing a new five-member Board. He further indicated he feels the agricultural interests have a right to be represented on this Board. Mr. Masullo again addressed the Council, recolending that the City not purchase fly spray equipment, and suggesting that the Council at~mpt to get people to serve on the Fly Abatement Board who have a knowledge about flies. In answer to a question from Councilman Harvey, the City Attorney indicated that it ~ould be possible to have a representative from the Health Depart- mant serve as a member of the Fly Abatement Board. Councilman Harvey suggested that the City discuss with the Health Department a long-range spraying program in the vicnity of Tract No. 4966, consider the expansion of the Fly Abatement Board's responsibilities with the possibility of regular meetings of the Board, and consider the expansion of the Board to five members, with three appointed at large, with one of the three to be a representative of the Orange County Health Department. Mr. Richard Gilmore, 4871 Elizabeth Court, Cypress, addressed the Council, questioning the advisibility of having a member of the Health Department serve on the Board since the Health Department is the offic~ originally finding evidence leading to citations. With reference to this statement, the City Attorney stated that if a member of the Health Department were to serve on the Fly Abatement Board he could not present evidence to the Board. March 13, 1967 Mr. Belmonte addressed the Council, suggesting that the City take action to have all open drainage ditches in the City closed, thereby elimiuating some of the fly breeding hazards caused by stagnant water. He also suggested that residential developers not be allowed to build homes in close proximity to dairies or chicken ranches. Following further discussion, it was moved b/Councilmen Harvey, seconded by Councilman Bowen, and unanimously carried, to read by title only an Ordinance changing the composition of the Fly Abatement Board to five members, consisting of one member of the City Council, one member of the Planning Comaission, and three residents of the City. Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 13, ARTICLE II, SECTION 13-7 OF THE CYPRESS CITY CODE RELATING TO FLY CONTROL AND PROTECTION OF PUBLIC HEALTH It was moved by Councilmen Harvey and seconded by Councilmen Bowen to adopt the first reading of this Ordinance. 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 inquired about the possibility of adoptimg an Ordinance to establish a buffer zone between dairies and subdivisions. The City Attorney advised that such a requirement would be through an amendment to the City's Zoning O~dinance; however, he would prefer to review this metter prior to any action being taken by the City Council. The City Manager stated that his discussions with the Health Department indicated that dairy and poultry flies travel qfiite some distance; consequently, such a buffer zone probably would not eliminate the fly problem. Mr. Belmonte again addressed the Council, stating that he had discussed the fly problem with Mrs. Baroldi, who had indicated that their home is not bothered with flies. Mr. Richard Gilmore again addressed the Council, stating that the creation of a buffer zone would create dead land areas which could cause meny problems. Following further discussion, it was moved by Councilmen Harvey and seconded by Councilman Bowen to remove the present three members on the Fly Abate- ment Board and appoint an entirely new 5 member board upon the effective date of the Ordinance recently approved by the City Council. The motion was unanimously carried by the fo~wing roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED:I COUNCILMEN: Kanel Councilman Kanel stated he abstained from voting since he is a member of the Fly Abatement Board. CONSIDERATION OF TENTATIVE TRACT MAP NO. 5782 (J.W. KLUC DEVELOPMENT COMPANY): The City Manager presented Tentative Tract Map No. 5782, 4.8 acres, 23 R-I lots, located on the west side of Valley Vie~ north of Cerritos, as requested by J. W. Klug Development Company, 4540 Campus Drive, Newport Beach, California. He also presented a conmmnication dated March 13, 1967, from Mr. J. W. Klug, applicant, requesting that the subject tract mep be continued until the City Council meeting of March 27, 1967. Mr. Robert Kay, 280 North Wilshire, Ariahelm, addressed the Council on behalf of the property owner, stating that he had discussed this map with the J. W. Klug Company and would now like to have the map considered ~ March 13, 1967 The City Attorney indicated that the applicant, the J. W. Klug Development Company, had requested continuation of the matter; however, the Council could proceed to consider the map if desired. Mr. Kay again addressed the Council, stating that the Klug Company may not be in a position to proceed with the development of the Tract due to the excessive cost of the off-site improvements; however, the property owners are still desirous of proceeding with the map. Mr. Richard Owen, representing Stardust Homes, addressed the Council, inquiring about the possibility of postponing the second reading of the Ordinance approving the Zone Change on the subject property if the considera- tion of the map is continued. Following brief discussion, it was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to continue consideration of Tentative Tract Map No. 5782 until the City Council meeting of March 27, 1967. It was further moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to consider Item No. 24 on the agenda at this time, regarding Zone Change No. Z-156. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to continue the second reading of the Ordinance approving Zone Change No. Z-156 until the City Council meeting of March 27, 1967. CONSIDERATION OF FINAL TRACT MAP NO. 6053 (LARWIN COMPANY): The City Manager presented Final Tract Map No. 6053, located on the southeast corner of Bloomfield and Ball Road, 2 PD lots, 8.628 acres, as requested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Public Works Director presented a report dated March 8, 1967, review- ing the subject map and recommending approval. Following discussion concerning the commercial area within the final tract map, it was moved by Councilman Bowen and seconded by Councilman Harvey to approve Final Tract Map No. 6053, accept the bonds and agreements for public improvements in the amount of $11,000, which is 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; and authorize the City Clerk to sign the record map upon completion of the following requirement: 1. Approval of the bonds and agreements by the City Attorney. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowens Harvey, Kanel, McCarney, and Noe None None ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS, TRACT NO. 4197 (COLUMBIA ENTERPRISES): The City Manager presented a report dated March 10, 1967, from the Public Works Director, recommending acceptance of the public improvements in Tract No. 4197, developed by Colombia Enterprises, at the northeast corner of Valley View and Lemon Streets. It was moved by Councilman Bowen and seconded by Councilman Kanel to accept the public improvements in Tract No. 4197 as being satisfactorily completed in accordance with the approved plans and specifications, and authorize the release of the performance bonds within 90 days and labor and materials bonds within 180 days, providing no 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 March 13, 1967 RELEASE OF BONDS~ TRACT NO. 4047: The City Manager presented a report dated March 9, 1967, stating that Tract Map No. 4047, originally approved in 1961, would not be developed since a new map had been filed for the same area by the Larwin Company. The streets within the original Tract 4047 have been vacated and adequate bonds have been posted to cover the new development; therefore, the original bou& posted for Tract No. 4047 are no longer required. It was moved by Councilman Harvey and seconded by Councilman Bowen to authorize the City Clerk to release all public improvement bonds filed by the Larwin Company in conjunction with Final Tract Map No. 4047. 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 BALL ROAD AND BLOOMFIELD STREET IMPROVEMENTS: The City Manager presented a report dated March 10, 1967, indicating that the Larwin Company has completed the street improvements on Ball Road and Bloomfield Street in accordance with the approved Plans and Specifications for Tracts No. 6050, 6051, and 6052, located on the south side of Ball Road. Following brief discussion, it was moved by Councilman Harvey and seconded by Councilman McCarney to accept the street improvements at Ball Road and Bloomfield Streets as having been satisfactorily comp~ted in accordance with the plans and specifications for Tracts No. 6050, 6051, and 6052, subject to the following requirements: 1. Completion of minor repairs. Completion of minor amount of pavement to conform to approved plans. Application of seal coat to be deferred until one year after date of completion. 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 CITY DRAINAGE STUDY: The City Manager presented a report dated March 9, 1967, requesting that the studies and recommendations regarding the need for a local flood control bond issue be postponed until the first regular Council meeting in April. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to grant this request. CLAIMS FOR DAMAGES: The City Manager presented a report dated March 10, 1967, reviewing claims against the City by Mr. Leo Baroldi for flood damage, Mr. Rae E. Sanborn for a damaged tire and rim, and by Mrs. and Mrs. Maraven Jr. on behalf of their sone, who was injured by gunshot exchange between law enforcement officers and robbery suspects. The claims have been submitted to the City's Insurance Broker; however, prior to final settlement or action, the City Council must take action to officially deny the subject claims. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to deny the claims in the amount of $382.26 and $70.00 submitted by Mr. Leo Baroldi. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously mrried to deny the claim of Rae E. Sanborn in the amount of $18.00. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to deny the claim submitted by Mr. and Mrs. Maraven, Jr. on behalf of their son Daniel Maravert, in the amount of $10,000. March 13, 1967 USE OF CITY COUNCIL CHAMBERS POLICY: The City Manager presented a report dated March 10, 1967, recommending that a policy be adopted by the City Council regarding the use of the City Council Chambers by other groups, and suggesting that the use be limited to other public agencies in the City of Cypress, such as the School District, Cypress County Water District, and the Cypress Park and Recreation District. Two other areas within the Civic Center facilities have been sat aside for use by community organizations. The report also recommended that the facilities on the Civic Center site not be allowed for use by any political organizations. Following discussion concerning this policy, it was moved by Councilman Kanel and seconded by Councilman McCarney to authorize the use of the City Council Chambers for meetings of the City Council, Planning Commission and other commissions or committees established by the City Council and for other public agencies in the City of Cypress, subject to priority procedures and costs to be developed by the Staff and City Council. This policy would preclude the use of the facility by other private or policital organizations in the community. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, McCarney, and Noe Bowart None CERTIFICATION OF EMPLOYMENT LIST FOR CROSSING GUARD: The City Manager presented a report dated March 13, 1967, setting forth the results of an examination conducted for the position of Crossing Guard. It was moved by Coundlman McCarney, seconded by Councilman Harvey, and unanimously carried, to certify the employment list for Crossing Guard as submitted. CHANGE OF STATUS--STUDENT INTERN TO ADMINISTRATIVE ASSISTANT: The City Manager presented a report dated March 10, 1967, recommending that the City Council consider changing the status of the present Student Intern to that of Administrative Assistant. He advised that Mr. Gene Poertner, who is now serving in this capacity, has completed his course work in Public Administra- tion and must now seek a full-time position. Rather than lose the valuable experience gained by Mr. Poertner during his employment with the City, the City Manager recommended that since there is remaining money in the salary account of the City Manager's Office, the Council change the status of the position of Administrative Assistant for the remainder of the fiscal year. He indicated that a further analysis of the need for this position would be conducted during the 1967-68 budget consideration. It was moved by Councilman Kanel, seconded by Councilman Bowart, and unanimously carried, to declare a recess at 9:45 p.m. in order to go into personnel session. The meeting was called back to order at 9:55 p.m., all City Councilmen being present. It was moved by Councilman Bowen and seconded by Councilman Harvey to authorize the City Manager to change the status of the position of Student Intern to the position of Administrative Assistant from March 15, 1967, to June 30, 1967, at Salary Range 30, Step A. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kauel, McCarney, and Noe None None APPROVAL OF COMMERCIAL WARRANT LISTs WARRANTS NO. 16696 THROUGH 167[1: It was moved by Councilman Bowart and seconded by Councilman McCarney to approve the Commercial Warrant List, Warrants No. 16696 through 16781, in the total amount of $42,188.65. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIL.MEN: Bowen, Harvey, Kanel, McCarney, and Noe None None March 13, 1967 SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-154 (DON WILSON BUILDERS): It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, the following Ordinance be read by title only ,~tle as follows: ORDINANCE NO. 342 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 It was moved by Councilman Harvey and seconded by Councilman Bowen 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 STATUS OF FIRE STUDY COMMITTEE: In answer to an inquiry from Councilman Bowen, the City Manager reviewed the results of a recent meeting of the Fire Study Conunittee, and stated that further meetings would be conducted following completion of a staff analysis of a study prepared by the County Fire Marshal's Office. ORAL COMMUNICATIONS: Mr. James Duncan, 9582 Walker Street, Cypress, addressed the Council, complimenting the City Council on the completion of the City Council Chambers, and suggesting that a special desk be provided for the members of the local press. Mr. David Medorff, Attorney representing the Columbia Advertising Company, addressed the Council regarding a criminal complaint filed by the City Attorney against the Company for violation of the City Code relating to the erection of three signs. Mr. Medorff suggested that rather than proceed with the case, the City Council consider dismissing the charges inasmuch as the signs have been removed and no longer constitute a nuisance. Following discussion, it was nDved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to place this matter on the agenda at this time. The City Attorney reviewed the matter presented by Mr. Medorff, stating that the action of the Columbia Advertising Company was a definite violation of the City Code, and unless the City Council directs to the contrary, the action will not be dismissed. Following further discussion cnncerning this matter, the Building Superin- tendent reviewed the time periods involved in the illegal erection of advertising signs by the Columbia Advertising Company, and stated that contrary to a statement made by Mr. Medorff, a majority of companies do obtain permits prior to erecting billboards. It was moved by Councilman Bowen and seconded by Councilman Harvey to authorize the City Attorney to proceed with the criminal complaint against the Columbia Advertising Company. Prior to voting on this motion the City Attorney advised that no action was required by the City Council unless it is desired to dismiss the case; consequently, the motion was withdrawn. 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, the meeting adjourn at the hour of 10:25 p.m. MAYOR OF THE CIT~PRESS ATTEST: CITY/d~E~K OF ~HE CiTY OF CYPRESS March 13, 1967