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Minutes 67-04-10MINUTES OF U~HE CITY COUNCIL OF THE CITY OF CYPRESS HELD April 10, 1967 The regular meeting of the Cypress City Council was called to order at 3:00 p.m. on April 10, 1967, by Deputy City Clerk Dorothy Jones in the City Council Chambers, 5275 Orange Avenue, Cypress, California. PRESENT: None ABSENT: Councilman 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,~[th the following in attendance: PRESENT: Councilmen Bowen, Kanel, McCarney, and Noe ABSENT: Councilman Harvey Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and Assistant City Manager Darrell Dalton. PERSONNEL SESSION: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to declare a recess at 4:01 p.m. in order to go into Personnel Session. COUNCILMAN HARVEY ARRIVED AT 4:20 P.M. AND ENTERED INTO THE PERSONNEL SESSION The meeting was called back to order at 4:30 p.m., all City Councilmen being present. CITY COUNCIL MINUTES: It was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to approve the minutes of the meeting of February 27, 1967, as mailed. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to approve the minutes of the meeting of March 13, 1967, as mai~d. STAFF REPORTS AND DISCUSSIONS: It was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, to consider the recruitment of a Secretary for City employment at this time. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to authorize the City Manager to recruit for a Secretary at Salary Range No. 18. It was moved by Councilman Harvey and seconded by Councilman Bowen to authorize an expenditure of $1,500 for the purchase of additional equipment and office furniture for the City Manager's Office, and to approve the allocation of sufficient monies in the City Managers Salary Account for the training of a new Secretary and for the payment of vacation and accumulated overtime due to Mrs. Jones upon her leaving City employment. 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 April 10, 1967 Following brief discussion, it was agreed to consider at the next City Council afternoon meeting the future scheduling of a joint meeting with the Planning Commission. Brief discussion was held concerning the possibility of changing the time and order of the agenda for the afternoon sessions of the City Council meetings, following which it was agreed that the staff prepare the necessary amendments to effectuate the desired changes. The City Manager also stated that he would contact the local clergymen regarding their desire to periodically give the invocation for the meetings and the local boy and girl scout troops for leading the flag salute. Discussion was held concerning the Council Chamber microphones, following which it was generally agreed to retain the present microphones and investi- gate the possibility of obtaining an additional microphone for use at the display area behind the Councilmen. The City Manager reviewed the need to amend the Weed Abatement Contract to include the cleaning of weeds from various parkways, which had inadvertently been smitted from the original plans and specifications. E & G Engineers, the contractor awarded the bid for the weed abatement work, has submitted a proposal for this work. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried to place this matter on the agenda at this time. It was moved by Councilman Harvey and seconded by Councilman McCarney to add the following items to the 1967 Weed Abatement ContraCt: Removal of weeds by mowing fr~parkways or portions thereof, including identifying, posting, and disposal Mowing per square foot $ .0135 per square ft. Removal of weed by discing from parkways or portions thereof, including identifying, posting, and one discing operation Discing per square foot $ .0045 per square ft. 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 The City Manager reviewed a communication just received from the City of La Palma, regarding their consideration of the Cypress City Council's request that they adopt Resolutions regarding the Del Amo Fertilizer Plant being a public nuisance. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to place this matter on the agenda for the evening meeting. General discusssion ensued concerning the items outlined in the Progress Report. At the suggestion of Mayor Noe, it was moved by Councilman Kunel, seconded by Councilman Bowen, and unanimously carried, to consider a budget appropriation for coffee fund reimbursement at this time. Followin~ brief discussion, it was moved by Councilman Kanel and seconded by Councilman Bowen to appropriate $15.00 per month from the City Council budget for the coffee fund. 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 April 10, 1967 Councilman Harvey advised that representatives from the local American Legion post would be at the City Council maeting to request the issuance of a proclamation designating the period of April 24 to May 2, 1967, for the Recognition of Police Achievement. Councilman Harvey further advised that the Aviation Committee of the League of California Cities, of which he is a member, would be conducting its first meeting in Sacramento on April 17th. Following brief discussion, it was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to consider this matter at this time. It was moved by Councilman Bowen and seconded by Councilman Kanel to authorize Councilman Harvey to attend the League of California Cities Aviation Committee meeting on Monday, April 17, 1967, and that he be reimbursed for his actual and necessary expenses. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED:I COUNCILMEN: Harvey 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, Kanel, McCarney, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, Police Chief George Savord, Building Superintendent Tom Nudson, Finance Director Jim Grissom, and Civil Engineer Associate Jerry Hendricks. ORAL COMMIFNICATIONS: Mr. A1 Stevens, 10262 Christopher Street, Cypress, addressed the Council, as Chairman of the Policeman of the Year Committee of Post No. 295 of the American Legion, requesting that the Mayor and City Council proclaim the period of April 24through May 2, 1967, as a time to recognize Police Achievement. He also advised that an awards banquet would be held on April 28, 1967, at which time one of the Police Officers from the Cypress Police Department will be honored as Policem~n of the Year. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to place this matter on the agenda at this time. It was moved by Councilman Harvey, seconded by Councilman McCarney, and unanimously carried, to designate April 24 to May 2, 1967, as "Recognize Police Achievement" period in the City of Cypress. No further oral communications were present at this time. COMMUNICATION FROM CITY AUDITORS DIEHL, EVANS~ AND COb~ANY, RE: AUDIT OF CITY RECORDS: The City Manager presented a communication dated March 14, 1967, from City Auditors Diehl, Evans and Company, notifying the City Council that certain phases of the Audit work have been completed for the first six months of the current fiscal year. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, this communication be received and filed. COMMUNICATION FROM CALIFORNIA STATE CONTROLLER RE: ESTIMATE OF VEHICLE LICENSE FEE REVENUE APPORTIONMENTS FOR 1967-68 FISCAL YEAR: The City Manager presented a communication dated March 17, 1967, from the State Controller, transmitting an estimate of apportionments of vehicle license fee revenues for the 1967-68 fiscal year. April 10, 1967 It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY ASSESSOR RE: SYMPOSIUM ON LAND USE~ PLANNING, AND ASSESSMENT: The City Manager presented a conmunication dated March 27, 1967, from the Orange County Assessor, surmnarizing and transmitting a copy of the discussions held at the Symposium on Land Use, Planning, and Assess- ments held on December 15, 1966. It was moved by Co~mcilman Bowen, seconded by Councilman Harvey, and unanimously carried, this communication be received and filed. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: ON-SALE BEER LICENSE AT CYPRESS INN~ 5731 LINCOLN AVENUE, CYPRESS: The City Manager presented a communication from the Department of Alcoholic Beverage Control, notifying the City of the removal of one partner from the license now held for On-Sale Beer at the Cypress Inn, 5731 Lincoln Avenue, Cypress. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM CITY OF LA PALMA RE: DEL AMO FERTILIZER PLANT NUISANCE: The City Manager presented a conmunication dated April 7, 1967, from the City Manager of the City of La Palma, advising that the La Palma City Council had taken under consideration the three Resolutions adopted by the Cypress City Council in regard to the Del Amo Fertilizer Plan being a public nuisance. Following ~ief discussion, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to direct the City Manager to contact the City of La Palma, to clarify their action on this matter. ACCEPTANCE OF SEWER EASEMENTS IN TRACT NO. 6050 AND RECONVEYANCE OF SAME TO CYPRESS COUNTY WATER DISTRICT: The City Manager presented a report from the Public Works Director, indicating that the sewer easements in Tract No. 6050 had never been accepted by the City,and the Cypress County Water District Engineer has now indicated that the District will accept the sewer easements for maintenance if offered to them by the City. It was moved by Coan~man Harvey and seconded by Councilman Bowen to accept the sewer easements over the southerly seven feet of Lo~ 1 through 4 inclusive of Tract No. 6050 as offered by the Larwin Company on the 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 It was moved by Councilman Bowen and seconded by Councilman Farvey to approve the reconveyance of the sewer easements to the Cypress County Water District and authorize the Mayor to sign and City Clerk to attest the deed conveying the sewer easements in Tract No. 6050 to the Cypress County Water District. The metion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUCNILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None REIMBURSEMENT AGREEMENT WITH THE LARWIN COMPANY FOR MASTER STORM DRAIN FACILITIES IN TRACT NO. 6276: The City Manager presented a report dated April 5, 1967, from the Public Works Director, reviewing a proposed Reimburse- ment Agreement between the Laxwin Company and the City for the construction of the Master Storm Drain facilities in Tract No. 6276, which will be connected with the West Side Drain. Following discussion concerning the size of the storm drain, it was moved by Councilman Bowen and seconded by Councilman McCarney to approve the Reimbursement Agreement between the Laxwin Company and the City for construc- tion of the Master Storm Drain facilities in Tract No. 6276, which will be connected with the West Side Drain. April 10, 1967 Following discussion concerning the size of the storm drain, it was moved by Councilman Bowen and seconded by Councilman McCarney to approve the Reimbursement Agreement between the Larwin Company and the City for construction of the Master Storm Drain facilities in Tract No. 6276 and authorize the Mayor to sign and City Clerk to attest said Agreement on behalf of the City. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kane 1, McCarney, and Noe None None CONDE~qATION OF RIGHT OF WAY FOR VALLEY VIEW STREET WIDENING PROJECT: The City Manager presented a report dated April 6, 1967, indicating that the widening of Valley View Street to four lanes from Cerritos Avenue to the south City limits will require additional right-of-way. Negotiations have been conducted with the property owner who has requested that the City proceed with a friendly condemnation suit for the acquisition of the required right-of-way. In answer to various questions from the Council, the City Manager indicated that the property in question was under one ownership, and the City Attorney reviewed the time and costs involved in a condemnation action. It was moved by Councilman Kanel end seconded by Councilman Bowen to adopt the folkswing Resolution, title as follows: RESOLUTION NO. 766 A P~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR 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 LANDSCAPING MAINTENANCE: The City Manager presented a report dated April 6, 1967, indicating that the 30-day maintenance period on the Civic Center landscaping will expire on April 11, 1967, at which time the maintenance responsibility will rest with the City, and reconnnending that the City Council consider the possibility of a contract for the balance of the fiscal year for maintenance by the Civic Center Lands cape Contractor. The Gaudenti Landscaping Corporation has submitted a proposal for a 90-day period in the amount of $1,690, providing for a man on the Civic Center site full time for a minimum of three days per week. The City Manager further advised that the Civic Center Landscape Architect has completed the final inspection of the work and was quite pleased with the installation and maintenance which has been provided. It was moved by Councilman Kanel and seconded by Councilman Bowen to authorize the City Manager to enter into a contract with the A. F. Gaudenti Landscaping Corporation for landscaping services as outlined, and further authorize a transfer of $2,000 from the Reserve for Capital Outlay to the General Government Buildings--Contractual Ser~ces Account of the 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 REVIEW OF SOLICitATION ORDINANCE: City Attorney James Erickson presented a report dated April 10, 1967, a copy of which is on file in the Office of the City Clerk, prepared at the request of the Council concerning the present provisions of the City Code governing door-to-door solicitation and possible amendments to the Code along the lines of the "Green River" ordinances recently adopted by neighboring cities. The City Attorney stated that the City Council had ample controls to regulate door-to-door solicitation under the existing provisions of the City Code. April 10, 1967 Following brief discussion concerning the scope of the study presented by the City Attorney, it was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to continue consideration of this matter until the regular meeting of May 8, 1967. AMENDMENT TO CITY CODE RE: DATES FOR SALE OF FIREWORKS: The City Manager presented a report dated April 6, 1967, indicating that there is presently a conflict between the City Code and the State Government Code regarding the dates for the sale of fireworks. An amendment to the City Code has been prepared to correct this matter, which will prohibit the sale of fireworks during any period except from June 28 - July 4, 1967. 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 11, ARTICLE II, SECTION 11-11 OF THE CYPRESS CITY CODE RELATING TO FIREWORKS 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: Bowen, Harvey, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ANALYSIS OF CITY DRAINAGE SYSTEM: The City Manager presented a report dated April 6, 1967, requesting postponement of the Analysis of the City's Drainage System as it pertains to a possible bond election, in order to allow additional time to confer with officials of the Federal Government regarding a Federal Grant, and the possible projects to be installed by the Orange County Flood Control District. Discussion ensued concerning the various aspects of the proposed study, following which it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to continue consideration of this matter until no later than the regular meeting of May 22, 1967. APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 16877 THROUGH 16949: It was moved by Councilman McCarney and seconded by Councilman Bowen to approve the Commercial Warrant List, Warrants No. 16877 through 16949, in the total amount of $61,839.46. The motion was unanimously carried by the following roll call vote: AYES: 5 COLIN CILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe None None SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-157 (CYPRESS PLANNING COMMISSION): It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 345 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 C-O (COMMERCIAL OFFICE) TO P-D (PLANNED DEVELOPMENT),ZONE CHANGE NO. Z-157 It was moved by Councilman Harvey and seconded by Councilman Bowan 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 April 10, 1967 SECOND READING ORDINANCE ENDING ZONE ORDINANCE SECTION 117-4 RE: MINIMUM BUILDING SITE AND LOT WIDTH IN P-D ZONE: It was moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 346 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 McCarney 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 OR~ COMMUNICATIONS: No oral communications were presented at this time. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman McCarney, seconded by Councilman Harvey, and unanimously carried, to adjourn the meeting at 8:15 p.m. MAYOR OF THE A~TEST: CItY CL~P~'O~THE~C~ITY OF CYPRESS April 10, 1967