Loading...
Minutes 67-03-27MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD March 27, 1967 The regular meeting of the Cypress City Council was called to order at 3:00 p.m. on March 27, 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 3:01 p.m. until 4:00 p.m. this date. CALL TO ORDER: The Mayor called the meeting to order at 4:00 p.m. in the City Counci. Chambers, 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, and Assistant City Manager Dartell Dalton. MINUTES: It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to approve the minutes of the February 20, 1967, meeting as mailed. STAFF REPORTS AND DISCUSSIONS: Councilm~nHarvey conmended the City Staff for the efficient manner in which the Civic Center Dedication was handled. In answer to an inquiry from Councilman Bowen, the City Manager indicated that the Civic Center Architect was in the process of designing various directory signs for the Civic Center. The City Manager advised that proofs of the pictures taken at the Civic Center dedication were available for City Council review. The City Manager suggested that the City Council consider mking a formal request to the County Board of Supervisors so that the City may have an opportunity to review the proposed budget for the Cypress Park and Recrea- tion District in order to coordinate with the District the proposed park development projects for the forthcoming fiscal year. Following discussion, it was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to place this matter on the agendaat this time. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to direct a communication to the Orange County Board of Supervisors, as the governing body of the Cypress Park and Recreation District, requesting a copy of the proposed 1967-68 Park and Recreation District budget. In answer to a question from Councilman Kanel, the City Manager stated that the letter would request a meeting be held with the Park Director and Manager. At the request of the City Manager, it was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to declare a recess at 4:16 p.m. in order to go into personnel session with the City Manager and City Attorney. The meeting was called back to order at 4:55 p.m., all City Councilmen being present. March 27, 1967 Discussion was held concerning the possibility of conducting a meeting with the officials of the Chamber of Commerce to discuss the activities of the Chamber. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to consider this matter on the agenda at this time. It was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to direct the City Manager to arrange an informal meeting with the officials of the Chamber of Commerce in order to discuss the activities of the Chamber in reference to encouraging commercial and industrial businesses into the City. It was further moved by Councilman Kanel and seconded by Councilman Harvey to schedule the meeting at 9:00 a.m. on April 1, 1967. Following discussion, however, the motion was withdrawn as this action wuld be taken at the conclusion of the meeting. At the suggestion of Mayor Noe, it was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to consider a commendation to "Miss Teen USA" at this time. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to present a City plaque to Cypress resident Miss Sandee Jones who was recently selected "Miss Teen USA" and as runner-up in the "Miss Teen International" Contest. The City Manager outlined several problems experienced with the type of microphones in use at the City Council Chambers. Following discussion, it was agreed that the staff pursue the possiblity of obtaining the neck- type microphone in lieu of the present desk microphones. The City Manager stated that he had received a request from the Orange County Fair Manager for the City to purchase an advertisement in the Fair Brochure. Following discussion, it was the general feeling of the City Council not to participate in this b~echure. The City Manager advised that each year the City Council includes an allocation in the budget for miscellaneous street improvements in coopera- tion with developers and inquired if the City Council wished to approve each of the individual projects prior to proceeding with the work. Following discussion, the City Council generally agreed that the staff need not bring these requests to the City Council providing they are within the budget allocation. RECESS: It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to declare a recess at 5:20 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, McCarneys and Noe ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, Assistant City Manager Dartell Dalton, Public Works Director A. W. Schatzeder, Planning Director George Putnam, Police Chief George Savord, Building Superintendent Tom Nudson, and Finance Director Jim Grissom. PRESENTATION OF CITY PLAQUE TO MISS TEEN USA SANDEE JONES: It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to consider the presentation of a City Plaque to "Miss Teen USA" at this time. Mayor Noe presented a City Plaque to Cypress resident, Miss Sandee Jones, and congratulated her upon being selected "Miss Teen USA" and first runner- up in the "Miss Teen International" contest. March 27,1967 PRESENTATION OF COMMUNITY SERVICE PLAQUE TO MR. CLARENCE B. PARKER: Mayor Noe stated that Cypress resident Clarence B. Parker, the founder~ the Cypress Show Stoppers Youth Band, was moving from the City, and following the presentation of a brief resume of Mr. Parker's accomplish- ments in the City, presented a community service plaque to Mr. Parker. Mr. Clarence Parker addressed the Council, expressing his appreciation for the plaque, and assured the Council that the Cypress Show Stoppers Youth Band will continue as a part of the aommunity. ORAL COMMUNICATIONS: No oral communications were presented at this time. AWARD OF CONTRACT FOR 1967 WEED ABATEMENT PROGRAM: The City Manager presented a report dated March 23, 1967, setting forth the results of bids received for the 1967 Weed Abatement Program, a copy of which is on file in the Office of the City Clerk. The report further reviewed vazbus aspects of the forthcoming weed abatement program. It was moved by Councilmen Harvey and seconded by Councilmen Bowen to determine that the bid submitted by E & G Engineers, Inc., P. O. Box 97, Midway City, in the amount of $8,489.50, is the lowest and best bid, and further authorize the Mayor to sign and City Clerk to attest the Weed Abatement Program contract with E & G Engineers, Inc. as provided for in the Specifications Proposal and Contract for Weed and Rubbish Abatement dated February 1967. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None CONTINUATION OF PUBLIC HEARING RE: SPECIAL PERMIT FOR FIRE DETECTION SERVICES, INC.: The Mayor announced this was the time and place for continuation of 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 stated that the Public Hearing was open and requested the staff to present its reports. The City Manager presented a report dated March 23, 1967, stating that the Police Chief had met with the applicant regarding the operation of the Company, and would still recommend denial of a blanket permit. He further read into the record the original report of the Police Chief, dated March 8, 1967, outlining the results of an investigation conducted of the applicant and business. The Police Chief presented a report dated March 20, 1967, reviewing the results of a subsequent meeting held ~th the applicant regarding statements made at the last City Council meeting. The Mayor asked if anyone in the audience wished to speak for or against the Special Permit. Mr. Harry F. Came, applicant, addressed the Council, stating that he is licensed by the State Contractor's Board and is bonded. He further ex~ained an illegal entry made into a Cypress home by one of his employees. In answer to a question from Councilman Bowen, Mr. Came stated that his equipment has not been approved by the Orange County Fire Marshal's Office as no standards have been established for such equipment. He also explained the methods and charges mede for AC-DC power supply which replaces the batteries in the system. In answer to inquiries from the City Attorney regarding the AC-DC power supply, Mr. Came indicated that no such units had been sold in the City of Cypress, but he feels they would comply with Section 8.3 of the City Code, which requires that such an electrical instal- la~on meet various~andards. At the request of Councilmen Bowen, the Building Superintendent reviewed the Building Code regulations regarding the AC-DC converter equipment. Mrs. Fred Neubauer, 6812 Jonathan, Cypress, addressed the Council, stating that she had purchased fire detection equipment from Mr. Came in 1965 and was very satisfied with the installation. March 27, 1967 476 Mr. Robert Weilow, 9342 Lime Circle, Cypress, addressed the Council, stating that he has had 13 years of experience in fire service, and he would recommend that the City Council take no action on this request until approval of the equipment is received from the Fire Department. Councilmen Bowen referred to an article in the Los Angeles Times regarding controls recently enacted by the City of Santa Ana regarding door-to~door solicitation, and suggested that the City of Cypress consider a change in the Code provisions to require that solicitors must be invited to a home rather than going door-to-door. There being no oral protests and no written communications, the ~ayor declared the Public Hearing closed. Councilman Harvey stated he would be opposed to allowing the subject company to solicit from door to door since the Fire Detection Equipment has not been approved by an official agency. It was moved by Councilman Harvey and seconded by Councilman Bowen to deny the application for Special Permit for Fire Detection Services, Inc. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to consider an amendment to the City Code regarding Solicitation at this time. It was moved by Councilman Bowen and seconded by Councilman Harvey, to place on the City Council agenda for the next regular meeting a review of the provisions of the City Code regarding door-to-door solicitation. Prior to: voting cn this motion, the City Attorney explained the various areas the City'may control regarding door-to-door solicitation. The Mayor called for a vote on Councilman Bowen's motion, which was unanimously carried. PUBLIC MEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 90t SECTION 117.4t MINIMUM BUILDING SITE AND LOT WIDTH REQUIRED: The Mayor announced this was the time and place for the Public Hearing to consider a proposed amend- ment to the Zoning Ordinance No. 90, Section 117.4, "MINIMUM BUILDING SITE AND LOT WIDTH REQUIRED", to change the requirement that "Planned unit to be a minimum of ten (10) acres for total development", to read "Planned unit to be a minimum of Five (5) acres for total development", initiated by the Cypress Planning Commission. The Mayor declared the Public Hea~ing open and requested the staff to present its reports. The City Manager stated that the Affidavits of Publication and Posting of the Public Hearing notices were on file in the Office of the City Clerk and no written communications had been received. Planning Director George Putnam stated that the Planning Commission has recommended approval of the proposed amendment to the Zoning Ordinance, which is intended to provide for better development of parcels that might be adaptable to planned development. The Mayor asked if anyone in the audience wished to speak for or against the proposed amendment. Mr. Louis Zommick, representing the Midwood Manor To~nhouse Association, addressed the Council, speaking against the proposed amendment; however, following further explanation of the amendment by the Planning Director, Mr. Zommick withdrew his objections. Mr. Zommick stated, however, that the homeowners in his association are paying high taxes, but do not receive many of the City services. There being no oral protests and nowritten communications, the Mayor declared the Public Hearing closed. March 27, 1967 It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, SECTION 117.4 "MINIMUM BUILDING SITE AND LOT WIDTH REQUIRED" It was moved by Councilman Harvey and seconded by Councilman Bowen, 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 lIE: ZONE CHANGE NO. Z-157 (CYPRESS PLANNING COMMISSION): 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, known as Lot 124 of approved Tentative Tract Map No. 5957, generally located on the south side of Orange Avenue, west of Walker Street, from C-O (Commercial Office) to P-D (Planned Development), initiated by the Cypress Planning Commission, known as Zone Change No. Z-157. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager stated that the Affidavits of Mailing, Posting, and Publication of the Public Hearing Notices were on file in the Office of the City Clerk and no written communications had been received. Planning Director George Putnam stated that the Planning Commission had recommended approval of this Zone Change, which will change approximately five acres of property from C-O to a P-D zone, thereby giving the City additional controls on the type of use and ~sign of structures built on property immediately adjacent to the Civic Center. The Mayor asked if anyone in the audience wished to speak for or against the proposed Zone Change. Mr. Richard Owen, representing Stardust Lands, Inc., addressed the Council, stating that he had photographs of the proposed development plans for the subject area. The City Attorney advised, however, that the Council should not consider the renderings at this time as the matter before the Council was a zone change and no a Conditional Use Permit. Mr. Owen again addressed the Council, speaking in favor of the zone change, and stating that his Company proposes to develop the area for both commercial and professional offices. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONINC ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM C-O (COMMERCIAL OFFICE) TO P-D (PLANNED DEVELOPMENT), ZONE CHANGE NO. Z-157. March 27, 1967 478 It was moved by Councilman McCarney and seconded by Councilman Bowen 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: SPECIFIC PLAN FOR PRECISE ALIGNMENT OF VALLEY VIEW STREET NORTH OF ORANGEWOOD: The Mayor announced this was the time and place for the Public Hearing to consider the adoption of the Specific Plan for the precise alighnment of Valley View Street from a point approximately 650' north of Orangewood Avenue southerly to Orangewood Avenue, initiated by the Cypress Planning Commission. 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 Notices of Public Hearing were on file in the Office of the City Clerk and no written communications had been received concerning the matter. The Planning Director stated that the Planning Commission had recommended approval of the Specific Plan for the precise alignment of Valley View, which will eliminate the present dangerous reverse curve near Orangewood, Public Works Director Art Schatzeder reviewed the need for this Specific Plan prior to the widening of Valley View Street, and explained in detail the proposed design of the Valley View Street improvement project between Cerritos and the Garden Grove city limits. In answer to a question from Councilman Harvey, the Public Works Director stated that Valley View south of Orangewood will remain in its present position. The Mayor asked if anyone in the audience wished to speak for or against the proposed Specific Plan. Mr. Richard Gilmore, 4178 Elizabeth Court, Cypress, addressed the Council, speaking in favor of the SpeCific Plan, and stating that the street improvement in this area is a vitally needed project. In answer to a question from Mr. Gilmore, the Public Works Director indicated that the centerline of Valley View south of Orangewood in Cypress would match the centerline of the street in the City of Garden Grove. There being no oral protests and no written communications, the ~yor declared the Public Hearing closed. It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt the following Resolution, title as follows: RESOLUTION NO. 760 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A SPECIFIC PLAN FOR THE PRECISE ALIGNMENT OF VALLEY VIEW STREET IN THE VICINITY OF ORANGEWOOD AVENUE The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None COMMUNICATION FROM AMERICAN CANCER SOCIETY RE: PROCLAMATION OF APRIL AS "CANCER CONTROL MONTH": The City Manager presented a communication from the Orange County Branhh of the American Cancer Society, requesting the proclamation of the month of April 1967, as "Cancer Control Month" in the City of Cypress. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to grant this request, whereupon Mayor Noe declared the Month of April 1967, as "Cancer Control Month" in the City of Cypress. March 27, 1967 COMMUNICATION FROM CITY OF BUENA PARK RE: DEDICATION OF FIRE STATION HEADQUARTERS: The City Manager presented a communication from the City of Buena Park, extending an invitation to the City Council to attend the dedication ceremonies of the Headquarters Fire Station in Buena Park. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM LOCAL AGENCY FORMATION COMMISSION RE: PROPOSED ANNEXA- TION TO CITY OF STANTON: The City Manager presented a communication dated March 10, 1967, from the Executive Officer of the Local Agency Formation Commission, transmitting a copy of the justification for a proposed annexa- tion to the City of Stanton, located east of Knott Avenue on the north side of Katella Avenue. He further indicated that the proposed annexation would not be a logical extension of the City of Cypress boundary lines. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to direct the City Manager to notify the Local Agency Formation Commission that the City of Cypress does not wish to voice any objection to the proposed Annexation No. 72 to the City of Stanton. COMMUNICATION FROM ORANGE COUNTY PARTNERS FOR PROGRESS RE: SUPPORT OF ORGANIZATION: The City Manager presented a communication dated March 20, 1967, from Mr. Thomas M. Whaling on behalf of the Orange County Partners for Progress organization, explaining the rurposes of the organization. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM BUENA PARK CITY COUNCIL RE: LOCATION OF HUNTINGTON BEACH FREEWAY: The City Manager presented a communication dated March 16, 1967, from the Buena Park City Council, ~ransmitting the Resolution suggesting that the proposed Huntington Beach Freeway be located along the easterly alignment adjacent to the Edison Company transmission line easterly of Dale Street. The City Manager advised that the alignment suggested by Buena Park would be the least beneficial to the City of Cypress, and stated that a meeting had been scheduled next week with the State Division of Highways regarding this matter. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, this communication be received and filed. COMMUNICATION FROM WILLIAM DANNEMEYER RE: ASSISTANCE FROM ORANGE COUNTY IN ABATING NUISANCE OF DAIRYMEN'S FERTILIZER PLANT: The City Manager presented a communication dated March 24, 1967, from Mr. William E. Dannemeyer, Attorney representing several of the homeowners in the area of the Dairymen's Cooperative Fertilizer Plant, suggesting that the City Council adopt a Resolution requesting assistance from the Orange County Board of Supervisors in abating the nuisance which has been created for the residents of Cypress, La Palma, Lakewood, and the unincorporated Orange County Area, by the operation of the Fertilizer Plant. City Attorney James Erickson read in to the record Resolutions he had prepared requesting the assistance of the Orange County Board of Supervisors, Los Angeles County Board of Supervisors, and the Los Angeles County Air Pollution Control District, in the abatement of the subject nuisance. Following brief discussion, it was moved by Councilman Bowen and seconded by Councilman Harvey to adopt the following Resolution, title as follows: RESOLUTION NO. 761 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THE DEL AMO FERTILIZER PLANT TO BE A PUBLIC NUISANCE AND REQUESTING THE COUNTY OF ORANGE TO ABATE SUCH NUISANCE. 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 27, 1967 It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 762 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THE DEL AMO FERTILIZER PLANT TO BE A PUBLIC NUISANCE AND REQUESTING THE COUNTY OF LOS ANGELES TO ABATE SUCH NUISANCE The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt the following Resolution, title as follows: RESOLUTION NO. 763 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THE DEL AMO FERTILIZER PLANT TO BE A PUBLIC NUISANCE AND REQUESTING THE LOS ANGELES AIR POLLUTION CONTROL DISTRICT TO ABATE SUCH NUISANCE 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 At the request of the City Attorney, it was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to direct the City Manager to transmit copies of these three Resolutions to the Cities of La Palma and Lakewood, requesting that their City Councils also adopt similar Resolutions. It was further moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to direct the City Attorney's Office to inquire of the State Cormnissioner of Corporations as to the relationship between Fertila, Inc., a profit-making corporation which appears to be operating the fertilizer Company, and the Dairymen's Cooperative Fertilizer Plant, a corporation which is reported to be a non-profit corporation. It was also moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to transmit copies of the three Resolutions to Senator Whetmore, Assemblyman Cory, and Assemblyman Gonsalves. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF LICENSE AT U-TOTE'M MARKET~ 5961CERRITOS~ CYPRESS: The City Manager presented a communication from the Department of Alcoholic Beverage Control, notifyin g the City of a transfer of the off-sale beer and wine license at the U-Tote'M Market at 5961Cerritos Avenue, Cypress, to Edward P. and Evelyn E. Maloney. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF LICENSE AT U-TOTE'M MARKET, 5049 BALL ROAD, CYPRESS: The City Manager presented a communication from the Department of Alcoholic Beverage Control, notifying the City of a transfer of the off-sale beer and wine license at the U'Tote'M Market at 5049 Ball Road, Cypress, to Mary N. and William W. Davies and Mr. Henry P. Foust. The Police Department has conducted an investigation of the applicants and does find cause for protest of the application by reason of an incomplete application on the part of applicant Henry Foust. March 27, 1967 It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to direct the City Manager to notify the Department of Alcoholic Beverage Control that the City wishes to protest this application on the basis of an incomplete application. CONSIDERATION OF TENTATIVE TRACT MAP NO. 5782 (J. W. KLUG DEVELOPMENT COMPANY): The City Manager presented Tentative Tract Map No. 5782, 4.8 acres, 23 R-1 lots, located on the west side of Valley View, north of Cerritos, as requested by J. W. Klug Development Company, 4540 Campus Drive, Newport Beach, California. Planning Director George Putnam stated that the Planning Commission had recommended approval of this map, subject to various conditions, which were reviewed in detail. It was moved by Councilman Harvey and seconded by Councilman Kanel to approve Tentative Tract Map No. 5782 subje~ to the conditions recormnended by the Planning Commission. Prior to voting on this motion, the City Manager stated that a meeting had been held regarding Condition No. 3, with reference to a landscaped median on Valley View Street, and it had been concluded by the staff that this condition would not be necessary at this time. Councilman Harvey and Kanel agreed to delete this condition from the map. Conditions of the map will now read as follows: Dedicate a one-foot strip for Lot "A" at the end of Avenue "A" for control of access. 2. Provide retaining wall on south line of Tract, if necessary. 3. Developer shall provide a minimum 10' x 10' ~ut-off on the most southerly lot in the Tract adjacent to Valley View Street for better visibility from the commercial area driveway. "B" and "C" Circles shall be 47' width streets to allow for 36' of paving and 5.5' parkways, with the sidewalk adjacent to the curb. A three foot (3') parkway easement shall be provided behind the sidewalk. 5. The developer shall provide 38' minimum curb radius on cul-de-sacs. All vehicular access rights adjacent to the lots abutting to Valley View Street shall be dedicated to the City. Cul-de-sac Streets shall have a minimum 36' of pavement. "A" shall be a minimum of 40' of pavement. 8. Street grades shall be .2% minimum, if possible. 9. Advance street light energy charges shall be paid. 10. The developer shall be required to provide a street lighting system approved by the City Engineer. 11. Property line radii shall be to the satisfaction of the City Engineer. 12. Drainage shall be solved to the satisfaction of the City Engineer and any drainage easements required by the City Engineer shall be provided. 13. An ornamental concrete block wall shall be constructed on residential lots on Valley View Street and all lots adjacent to any commercial zoning. 14. Any required retaining walls shall have footings designed for an extension to an ultimate six feet in height. 15. Street trees shall be of the fifteen (15) gallon size. 16. The blue border shall be to the centerline of Valley View Street. March 27, 1967 17. Drainage fees shall be paid existing at the time of the recordation of the final map. 18. The 27' x 100' strip to be dedicated to the City shall be improved with landscaping and an automatic sprinkler system, design of which shall be approved by the City Engineer; said improvements to be approved by the Planning Department, prior to issuance of the building permits for single-family units, other than any model site constructed on the property. 19. The 27' x 100' strip to be dedicated to the City shall be given a lot number and offered for dedication along with the lot northerly of the subdivision, prior to the recordation of the final map. The "L" shaped lot to be dedicated to the City northerly of the subdivision, shall be graded to the finished grade of the 27' x 100' lot within the subdivision; the grade plan to be approved by the City. An approved weed killer shall also be introduced into the soil ~ this lot. 20. The Valley View Street parkway shall be developed with an automatic sprinkler system, and shall be designed so that further extension of the system is possible. The design of the sprinkler system shall be approved by the City Engineer. 21. All lots, excepting that lot to be dedicated for park purposes, shall drain to the front street at a minimum 1% grade. 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 Mr. Richard Gilmore, 4178 Elizabeth Court, Cypress, addressed the Council, stating that a friend of his who resides on the corner of the tract immediately to the north of the proposed Tract No. 5782 was required to alter his rear yard fence to allow for a 15-foot triangular cut-off for traffic visibility. Mr. Gilmore inquired if this corner cut-off could be eliminated with the approval of the subject tract map. Mr. Richard Owen addressed the Council, stating that the persons who acquired the lot referred to by Mr. Gilmore had received a price considera- tion due to the restricted use of the back yard area. The City Manager stated that the staff would investigate this matter further. RECESS: Mayor Noe declared a recess at 9:10 p.m. The meeting was called back to order at 9:17 p.m., all City Councilmen being present. CONSIDERATION OF TENTATIVE TRACT MAP NO. 5374 (LARWIN COMEANY): The City Manager presented Tentative Tract Map NQ. 5374, Revised, 565 lots, 89.2 acres, located on the southeast corner of Orange and Bloomfield, as requested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. Planning Director George Putnam stated that the Planning Commission had recommended approval subject to various conditions, which were reviewed in detail. Discussion was held concerning various aspects of the proposed Tentative Tract Map, and in answer to a question from Councilman McCarney, Mr. Lee Goldin, representing the applicant, addressed the Council, stating that the first actual development of the area will be in the northeast corner of the tract. Mr. Goldin requested that the Council consider a change in the wording of Condition No. 7, to indicate that the commercial area may be expanded to conform to Exhibit "B". He further stated that he feels the fencing requirement in Condition No. 8 is a duplication of efforts, as there is an existing cyclone fence adjacent to the school, and requested that the fence around the sump site be changed from a block wall to be cyclone type fence. March 27, 19~7 Following discussion, the City Council concurred that the reference to the commercial area in Condition No. 7 and the fencing requirement outlined in Condition No. 8 could both be amended to be left to the option of the City Staff. It was moved by Councilman Bowen and seconded by Councilman McCarney to approve Tentative Tract Map No. 5374 subject to the following conditions: Sidewalks adjacent to curbs shall meander behind the driveway depressions on the following streets: "R" Street east of "L" Street, "F" Street, "S" Street, and all streets having 8" curbs. A three foot (3') public utility easement shall be dedicated behind the sidewalk. 2. Drainage shall be solved to the satisfaction of the City Engineer. A six foot (6') block wall shall be required to be constructed adjacent to any R-1 lots which abut the planned unit development, specifically Lots 55through 65, inclusive. A one foot (1') strip shall be offered for dedication at the southerly terminus of "O" Street. All arterial streets shall be fully dedicated and improved to City standards. The townhouse development north of Wavefly Drive and west of "R" Street shall be redesigned in conformance with Exhibit "A". The conmmrcial area located~ the northwest corner of Denni Street and Ball Road may be expanded to conform to Exhibit "B" at the option of the City Staff. Fencing shall be constructed along the north and east boundary of the retarding basin and adjacent to the south and west boundary of the Landell School and the north and west boundary of the undeveloped school site, with the type of fencing to be determined by the City staff. The developer shall grant all necessary easements for drainage purposes, to the Satisfaction of the City Engineer. 10. Drainage from Landell School site shall be resolved to the satisfaction of the City Engineer. 11. Lot line on Lot 373 shall intersect north line of Lot 372 at the intersection with the storm drain easement. 12. Vehicular and pedestrian access rights shall be dedicated on Bloomfield Street, Ball Road, Orange Avenue, and Denni Street, except on the areas approved for commercial development. The fenced area in the front of the townhouses from Alley "D" on the south to Lot 512 on the north shall be approved by the Planning Department. 13. "G" and "K" Alley shall have an adequate turn-around at the terminus, subject to the approval of the City Engineer. 14o A block wall shall be constructed in the one foot (1') strip between Alley "D" and Bloomfield Street at the southwest corner of the Tract. 15. Street sections, notes, easement widths, and drainage are not approved as shown on the Tentative Tract Map. 16. The median strip on Waverly Drive shall be landscaped and improved with an automatic sprinkler system approved by the staff. 17. Parkway on Orange Avenue shall be landscaped and improved with an automatic sprinkler system. March 27, 1967 18. The developer shall be required to provide a street lighting system approved by the City Engineer. 19. Developer shall provide a 38' minimum curb radius on cul-de-sacs. 20. Cul-de-sac streets shall have a minimum of 36' of pavement. 21. Street grades shall be 2/10% minimum, or to the satisfaction of the City Engineer. 22. Advance street light energy charg~shall be paid. 23. The property line radii shall be to the satisfaction of the City Engineer. 24. Any required retaining walls shall have footings designed for an extension to an ultimate six feet in height above the high side. 25. Street trees shall be a minimum fifteen (15) gallon size. 26. The blue border shall be to the centerline of Bloomfield Street, Orange Avenue, and Denni Street; and to the limits of ownership on Ball Road. 27. All lots within the single-family portion of the subdivision shall drain to the front street with a one percent (1%) minimum grade. 28. Trash storage areas shall be located adjacent to through streets on those alleys which are not through alleys, or those without turn-arounds, and shall be enclosed. 29. Drainage fees shall be paid in accordance with the Master Plan of Drainage. 30. The conditions of Modification of Conditional Use Permit No. C-166, #2, sh allapply to the entire development. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILI~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None APPROVAL OF FORMAL AGREEMENT FOR ARTERIAL HIGHWAY FINANCING PROGRAM~ 1967-68 FISCAL YEAR: The City Manager presented a report dated March 23, 1967, stating that the Orange County Board of Supervisors had approved partidpation with the City in the following four projects for the Arterial Highway Financing Program for 1967-68: 1. Valley View Street widening from Orange Avenue to Cerritos. 2. Improvement of Cerritos Avenue from 450' west of Valley View to Angela Drive. Widening of Walker Street from the Pacific Electric Railway to Ball Road. Reconstruction of Katella Avenue from Knott to the west City limits. The project administration agreements have been prepared by the County and are in accordance with the proposals submitted by the City. Following brief discussion, it was moved by Cotmcilman Bowen and seconded by Councilman Harvey to approve the Project Administration Agreements with the County of Orange for the four Arterial Highway Financing Projects outlined above and authorize the Mayor to sign and City Clerk to attest the Agreements. 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 27, 1967 CHANGE ORDERS NO. 1 AND 2~ CIVIC CENTER LANDSCAPING: The City Manager presented a report dated March 23, 1967, reviewing Change Orders No. 1 and 2 to the Civic Center Landscaping and Irrigation Contract, the total effect of which will increase the contract by $39.40. The Civic Center Corporation has verbally concurred in the Change Orders subject to City Council authorization. It was moved by Councilman Kanel and seconded by Councilman Bowen to recommend to the Civic Center Corporation the approval of Change Orders No. 1 and 2 to the Civic Center Landscape Contract, increasing the total contract in the amount of $39.40. 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 CIVIC CENTER BUILDING CONTRACT--CHANGE ORDER NO. 5: The City Manager presented a report dated March 23, 1967, reviewing Civic Center Change Order No. 5, which has been recommended for approval by the Building Superinten- dent and Architect. The Change Order consists of three items for a total addition to the contract in the amount of $1,152.80. It was moved by Councilman McCarney and seconded by Councilman Kanel to recommend to the Cypress Civic Center Corporation the approval of Change Order No. 5 to the Civic Center construction contract, in the total added amount of $1,152.80. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABStlNT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, None None and Noe APPLICATION FOR URBAN BEAUTIFICATION GRANT--FISCAL YEAR 1967-68: The City Manager presented a report dated March 27, 1967, reviewing an application for Urban Beautification Grant for the fiscal year 1967-68. The applica- tion in the total amount of $105,600, includes a portion of the projects which were requ~fed in the current fiscal year application but will not be completed due to the lack of Federal funds. Discussion ensued concerning barious aspects of the proposed pplication, with the City Manager indicating that the over-all beautification program for the City would be spread over a five-year period. It was moved by Councilman Harvey and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 765 A RESOLUTION OF THE CITY OFiCI~RESS,~C~LIF~I~IA, AUTHORIZ- ING FILING OF AN APPLICATION FOR URBAN BEAUTIFICATION GRANT 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 PAYMENT FOR DRAINAGE STUDY IN DRAINAGE DISTRICT l-A: The City Manager presented a report dated March 23, 1967, indicating that the engineering analysis of the facilities required for ~rainage District l-A, approved by the City Council in 1965, and conducted by the firm of Voorheis-Trindle- Nelson, ~d been completed; however, the invoice for the work had not been presented to the City Council as the costs for the work exceeded $10,000. The original estimate for the work approved by the Council was $4,300; however, the analysis required additional investigation not anticipated at the time the study was authorized. The Robert H. Grant Company had agreed to advance $1,000 and Voorheis-Trindle-Nelson has agreed to assume the costs over $7,000, which would require a payment of $6,000 on the part of the City. March 27, 1967 In answer to a question from Councilman Bowen, the City Manager advised that additional engineering costs had not been approved~by the City Council and for this reason, the full payment was not being recommended at this time. Following further discussion, it was moved by Councilman McCarney and seconded by Councilman Kanel to authorize the payment of $7,000 to Voorheis-Trindle-Nelson for engineering services involving the revision of the Master Plan of Drainage District l-A, $6,0~of which will be paid from drainage funds available in Drainage District 1-A. 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 PURCHASE OF ADDITIONAL CIVIC CENTER CARPETING: The City Manager presented a report dated March 23, 1967, indicating that the Company which supplied the carpeting for the Civic Center has advised that 38 yards of carpeting were unused, which he will make available to the City at $8.62 per square yard, or a total of $327.56. He further recommended that since there are several areas in the Civic Center which will probably receive nDre wear than others, it would be advisable to have additional carpeting on hand for future replacement. It was moved by Councilman Harvey and seconded by Councilman Bowen to authorize the purchase of the 38 yards of carpeting at a price of $8.62 per square yard for a total expenditure of $327.56 from Earl T. Givens. 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 REQUEST FOR EXEMPTION FROM PROVISIONS OF SPECIAL PERMIT ORDINANCE, VALUE VILLAGE~ ON BEHALF OF LONG BEACH RETARDED CHILDREN'S FOUNDATION: The City Manager presented a report dated March 23, 1967, reviewing an applica- tion received from Mr. William E. Norman, Manager of Value Village, on behalf of the Long Beach Retarded Children's Foundation for an exemption from the special permit required for solicitation in the City of Cypress. The City Attorney, in reviewing the application, determined that the organization is not eligible for an exemption under Section 15-57 (a) of the City Code; however, the Police Department indicates that the organiza- tion has operated in Long Beach without any problems and is a legitimate organization benefiting retarded children from the Long Beach and Orange County areas. For this reason, the City Council could consider the granting of an exemption from the requirement for a special permit under Section 15-57 (b) of the City Code. It was moved by Councilman Harvey and seconded by Councilman Kanel to grant the requested exemption to the Long Beach Retarded Children's Founda- tion for a solicitation permit pursuant to Section 15-57 (b) of the Cypress City Code. Prior to voting on this motion, Councilman Bowen inquired as to the fees for obtaining a special permit. The City Manager advised that the regular permit fee is $25.00. Councilman Harvey's motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ASSENT: 0 COUNCILMEN: Harvey, Kanel, McCarney, and Noe Bowen None MONTHLY VARIANCE REPORT OF REVENUES AND EXPENDITURES~ FEBRUARY 1967: It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to receive and file the Monthly Variance Report of Revenues and Expenditures for February 1967. MONTHLY ACTIVITY REPORT~ FEBRUARY 1967: Following brief discussion, it was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to receive and file the Monthly Activity Report for February 1967. March 27, 1967 APPROVAL OF CO~fi~ERCIAL WARRANT LIST~ WARRANTS NO. 16788 THROUGH 16876: It was moved by Councilman Harvey and seconded by Councilman Bowen to approve the Conmercial Warrant List, Warrants No. 16788 through 16876 in the total amount of $103,512.38. The motion was unanimously carried by the following roll ~11 vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-156: It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, the following Ordinance be read by title only,title as follows: ORDINANCE NO. 343 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-3 (MULTIPLE-FAMILY RESIDENTIAL) TO R-1 (ONE-FAMILY RESIDEN- TIAL), ZONE CHANGE NO. Z-156 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None It was moved by Councilman Harvey and seconded by Councilman Bowen to adopt the second reading of this Ordinance. The motion was unejimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, None None and Noe SECOND READING ORDINANCE AMENDING SECTION 13-7 OF CITY CODE RE:' FLY CONTROL: It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 344 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 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: 4 COUNCILMEN: Bowen, Harvey, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED:i COUNCILMEN: Kanel STATE DEPARTMENT OF FINANCE POPULATION ESTIMATE: At the request of the City Manager, it was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to consider an item regarding a State Department of Finance Population estimate at this time. The City Manager reviewed the need for a State Department of Finance population estimate to be conducted within the City of Cypress with a certification date of April 1, 1967. Following brief discussion, it was moved by Councilman Bowen and seconded by Councilman Harvey to approve the Agreement with the State Department of Finance for conducting a population estimate with a certification date of April 1, 1967, and further authorize the Mayor to sign and City Clerk to attest the subject Agreement, and authorize the payment of funds for this service. The motion was unanimously carried by the following roll call vote: March 27, 1967 AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None ORAL COFRvfUNICATIONS: Mrs. Fred Neubauer, 6812 Jonathan Avenue, Cypress, addressed the Council, stating that she wanted the people of the community to know that her appointment to the Fly Abatement Board of the City was not as a represen- tative of her tract, but as a citizen at large. Mrs. Neubauer referred to repeated appearances being made at the Council meetings by Mr. Masullo regarding her appointment to the Fly Abatement Board, indicating that she feels he does not understand the City's Ordinance concerning the Fly Abate- ment Board. She further stated that she resents statements made in the press and would like the City Council to consider her as an appointee to the new Fly Abatement Board. In answer to questions from Mrs. Neubauer, Councilman Kanel concurred that the Fly Abatement Board had not been called into session until recently and the two meetings held were properly conducted with no partiality shown to the dairymen. Councilman Harvey inquired of the Fly Abatement Board members as to whether the first two meetings of the Board accomplished the goals of expediting compliance with the Fly Control Ordinance. Mrs. Neubauer reviewed the meetings, ~ating that the dairymen cited were very cooperative and willing to complete the required abatement work. She further stated that she is very desirous of working on this Board as she feels the Board can accomplish the goals of the City's Ordinance. Councilman Kanel stated that he was not happy with some of the statements made in recent newspapers regarding the Fly Abatement Board; however, public officials should expect a certain degree of newspaper publicity. Mr. Roe Masullo, 10521Ritter Street, Cypress, addressed the Council, indicating that all statements he had made concerning Mrs. Neubuaer are on the record, and further stated that he had come to the City Council meeting to commend the City Council for its activity in improving the fly conditions in his area. Mrs. Joan Heinsel, 6809 Jonathan, Cypress, addressed the Council, stating that she feels Mrs. Neubauer is doing a good job on the Fly Abatement Board and would like to urge the Council to reappoint her. Mrs. Flanahan, 10306 Ritter Street, Cypress, addressed the Council, requesting that Mrs. Neubauer be reappointed to the Fly Abatement Board. ADJOURNMENT: It was moved by Councilman Bowen, seconded by Councilman Harvey, ~d unanimously carried, to adjou~ the meeting at 11:02 p.m. until 9:00 a.m. on Saturday, ~ril 1, 1967, at the Los Al~tos Country CI~, 4561Katella, C~ress, in order to conduct a meeting with the Cypress Cheer of Co~erce officials. ~YOR OF THE CI~ OF L~fP~SS CX Y i RK' OF OF CYPP SS March 27. 1967