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Minutes 67-11-27 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD November 27, 1967 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, November 27, 1967, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert C. Harvey presiding. PRESENT: Councilmen Bowen, McCarney, Noe, and Harvey ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, and Public Works Director Arthur Schatzeder. MINUTES: It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to approve the Minutes of the Regular City Council meeting of November 13, 1967, as mailed. COUNCILMAN KANEL ARRIVED AT 4:02 P.M. AND TOOK HIS CHAIR ON THE PODIUM. STAFF REPORTS AND DISCUSSIONS: The City Manager advised that he had been contacted by a representative of the Orange County Business Magazine relative to whether or not the City would be interested in publishing a promotional advertisement in the February, 1968, issue of the magazine. It was agreed that, since funds have not been appropriated for this matter, the City would not submit an advertisement for publication at this time. General discussion was held concerning dinner and entertainment arrangements for the Orange County Division of the League of California Cities general membership meeting to be held on February 29, 1968, and hosted by the City of Cypress. The Council members will submit their suggestions for a program speaker to the City Manager. General discussion ensued in regard to various items which were contained in the Progress Report. In response to a question from Mayor Harvey, the Public Works Director reviewed the drainage problems which had arisen as a result of the recent storm and general discussion ensued in regard to alleviating the problem of erosion in the 2-A Channel between Grindlay and Moody Streets. Mayor Harvey expressed concern over the potential hazard which this erosion created and requested that measures be initiated to correct the problem in this channel. The Public Works Director outlined the various methods which could be employed by the City to alleviate the erosion condition in the 2-A Channel as well as the Jonathan Storm Channel and the approximate costs to the City for this work. General discussion ensued in regard to forming a citizens' committee to formulate a plan for financing the construction of the most urgently needed drainage facilities. Following further discussion, it was unanimously agreed to continue considera- tion of this matter until the adjourned Council meeting to be scheduled for Monday, December 4, 1967, at 4:00 p.m. in the City Hall Conference Room; and that the City Staff prepare a report outlining the most urgently needed drainage facilities for the Council's consideration. RECESS: It was moved by Councilman Noe, seconded by Councilman McCarney and unanimously carried to recess at 5:40 p.m. until 7:30 p.m. that evening. November 27, 1967 CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m., with the following in at tendance: PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Assistant City Manager Dartell Dalton, Public Works Director Arthur Schatzeder, Finance Director Jim Grissom, Police Chief George Savord, Planning Director George Putnam, Building Superintendent Tom Numson, and Administrative Assistant Gene Poertner. ORAL COMMUNICATIONS: There were no oral communications presented at this time. Since the first item on the agenda was a public hearing scheduled for 8:00 p.m. it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to proceed to Item 2 on the agenda at this time. COMMUNICATION RE: PETITION FROM RESIDENTS REQUESTING REZONING OF PROPERTY ON WEST SIDE OF GRAHEM BETWEEN ORANGE AVENUE AND BALL ROAD: The City Manager presented a communication, dated September 26, 1967, which was in the form of a petition and was signed by ninety-eight families residing in the residential area at the northeast corner of Ball Road and Walker Street, requesting the City Council to consider changing the zone of the property located on the west side of Graham Street between Orange Avenue and Ball Road from R-3 (Multiple family residential) to R-1 (Single family residential). It was moved by Councilman Bowen and seconded by Councilman Noe to refer the subject conmunication to the Planning Commission requesting the Commission to initiate ~ study of the zoning in the area located on the west side of Graham Street between Orange Avenue and Ball Road and prepare a recommendation for consideration by the City Council; and further, to notify the property owners who will be affected by this study. In response to an inquiry from Mr. James Duncan, 9582 Walker Street, who owns property in the area to be studied, the City Manager explained the notification procedures followed in connection with a zone change. He further advised that the request for a zone change had been referred to the Planning Commission for study and that any official action that may be taken to effect the actual change of zone would require that notification be given to the property owners within 300 feet as well as the conduct of public hearings before both the Planning Commission and City Council. Following general discussion, Councilman Bowen's motion received unanimous approval by the City Council members. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: MUNICIPAL HOME RULE AND RESPONSIBILITY: The City Manager presented a communication, dated November 9, 1967, from the League of California Cities transmitting a statement of the principles of Municipal Home Rule and Responsibility for the City Council's information It was moved by CounCilman Bowen, seconded by Councilman Noe and unanimously carried this communication be received and filed. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: APPOINTMENTS TO LEAGUE COMMITTEES: The City Manager presented a communication, dated November 13, 1967, from the League of California Cities requesting the City Council to forward the names of those Councilmen who would be interested in serving on the 1968 League Cormnittees which will soon be appointed by the new League President. Councilman Bowen requested that his name be submitted for the Revenue and Taxation Committee; Councilman Kanel requested that his name be submitted for the Constitution Revision Committee; and Councilman Harvey requested that his name be submitted for the Committee on Aviation Problems~ November 27, 1967 COMMUNICATION FROM DIVISION OF HIGHWAYS RE: STREET DEFICIENCY REPORT: The City Manager presented a conm~unication, dated November 17, 1967, from Mr. J. A. Legarra, State Highway Engineer, requesting the City to transmit to the Department of Public Works on or before May 1, 1968, the Street Deficiency Report, which is required to be presented to the Division of Highways every four years. The City Manager advised that the City Public Works Department would prepare and transmit this report as requested by the Division of Highways. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to notify the State Division of Highways that the City Public Works Department will prepare the Street Deficiency Report for the City of Cypress for transmittal to the Division of Highways prior to the May 1, 1968, deadline. COMMUNICATION FROM INTERGOVERNMENTAL COUNCIL ON URBAN GROWTH RE: COUNCIL STUDY OF CALIFORNIA GOVERNMENT: The City Manager presented a communication from Philip G. Simpson, Executive Secretary of the Intergovernmental Council on Urban Growth, transmitting a copy of the Council study of California State Government's rold in federal urban programs and inviting any comments and criticisms on this report from the City Council. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried, this communication and report be received and filed. CONSIDERATION OF AUTHORIZATION TO SEEK PROPOSALS FOR ARTERIAL BEAUTIFICATION PLAN: The City Manager presented a report, dated November 8, 1967, which had been continued by the City Council for consideration at this time. The report outlined the action previously taken by the City in its attempts to obtain fin- ancing for the development of a General Plan for Arterial Beautification, including the application for Federal assistance, and further summarized the necessity for such a plan at this time. The report further indicated that, since the prospects of receiving Federal assistance for the Arterial Beautification Plan were slight, the scope of work had been reduced to allow the work to be accomplished within the funds budgeted in the 1967-68 budget, and requested that the Council authorize the City to advertise for bids from qualified consultants for the development of the Arterial Beautification Plan. In response to a question from Councilman Bowen, the City Manager stated that the City would give preference to those consultants who had previous experience in developing arterial beautification programs for other cities. It was moved by Councilman Noe and seconded by Councilman Kanel to authorize the Staff to obtain proposals from qualified consultants for the development of a General Plan of Arterial Beautification for the City of Cypress. Mayor Harvey stated at this time that he would be opposed to an expenditure of funds in the area of arterial beautification inasmuch as services are lacking in other areas, such as fire protection and drainage, which he feels are more essential to the welfare of the community. Councilman Kanel indicated that he felt the Beautification Plan was essential not only to enhance the beauty of the City but also to raise the property values in the City. He further stated that although drainage solutions and additional fire service are needed, these improvements would entail a larger amount of funds possibly requiring bond elections to provide these services. Mayor Harvey indicated that instead of funds being ekpended for smaller projects, which are not as urgently needed as additional fire service or drainage facilities, these funds could be accumulated to meet the needs of the City. The following roll call vote was taken on Councilman Kanel's previous motion: AYES: 1 COUNCILMEN: NOES: 4 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel Bowen, McCarney, Noe, and Harvey None The motion failed to carry. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to proceed to Item 9 on the agenda at this time and to consider Item 8 after the conduct of the Public Hearing. November 27, 1967 ACCEPTANCE OF REVISIONS TO POLICE JAIL FACILITIES: The City Manager presented a report, dated November 22, 1967, indicating that the revision to the Police Jail facilities has been completed and the Cypress Civic Center Corporation has been invoiced for the project in the amount of $6,853.00. It was also indicated that upon inspection by the City Building Department, the Architect's office, the Police Chief, and representatives of the State Department of Correction and the Orange County Fire Marshal's office, the facility was found to be in satisfactory condition and acceptance of the work was recommended. In response to a question from Councilman Bowen, the City Manager indicated that $6,853.00 was the total cost of the project and included the items which were to be reimbursed by the Architect. It was moved by Councilman Noe and seconded by Councilman Bowen to accept the revision to the Police Jail facilities as completed by Azar Construction Company and authorize the Cypress Civic Center Corporation to make final payment to the contractor subject to the acceptance and approval of the work by the Cypress Civic Center Corporation. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None ADOPTION OF ORDINANCE RE: PROPERTY TRANSFER TAX: The City Manager presented a report, dated November 22, 1967, reviewing the provisions of Senate Bill 837 which authorizes cities and counties to impose a documentary stamp tax on transfers of real property, which exceed $100 in value, at the rate of fifty-five cents for each five hundred dollars or fractional part thereof. This law, which will become effective January 1, 1968, will enable the City to receive approximately $10,000 annually from this source of revenue. It was moved by Councilman McCarney, seconded by Councilman Noe and unanimously carried, to read the following Ordinance by title only, title as follows: ORDINANCE NO. 359 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS IMPOSING A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY. It was moved by Councilman McCarney, and seconded by Councilman Noe to adopt this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None ADOPTION OF ORDINANCE RE: ANIMAL REGULATION ORDINANCE: The City Manager presented a report, dated November 22, 1967, advising that the existing contract for animal control between the City and the County Pound requires the City to conform to the rules and regulations regarding animal control enacted by the County. For this reason, an ordinance, which was prepared by the County, must be adopted by the Council, unless changes in the enforcement of the program are desired by the Council. The City Manager outlined the changes which are contained in the proposed ordinance and indicated that the new Ordinance would be more restrictive as it relates to the control of all types of animals. In response to an inquiry from Mayor Harvey regarding the enforcement of Sections 3-9.1 and 3-9.2 of the proposed ordinance re~arding livestock, the City Attorney advised that this regulation would not be retroactive. It was moved by Councilman Noe, seconded by Councilman McCarney and unanimously carried to read the following Ordinance by title only, title as follows: November 27, 1967 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS RELATING TO ANIM_~L CONTROL, WELFARE, LICENSE AND HEALTH REQUIREMENTS. It was moved by Councilman McCarney, and seconded by Councilman Noe 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, Kanel, McCarney, Noe, and Harvey None None PUBLIC HEARING RE: APPEAL OF PLANNING COMMISSION'S DECISION IN THE DENIAL OF ZONE CHANGE NO. Z-159: The Mayor announced this was the time and place for the Public Hearing to consider an appeal of the Planning Commission's decision in denial of an application for amendment to the Zoning Ordinance No. 90 to change the zone of a certain parcel of land generally located on the south side of Ball Road, westerly of Valley View Street, known as 5856 East Ball Road, from P-C (Planned Commercial) to R-1 (One-family Residential) as requested by M. and Alice Morita, 5856 East Ball Road, Cypress, California, known as Zone Change No. Z-159. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager stated that the Affidavits of posting and mailing of the Public Hearing notices for this matter are on file in the office of the City Clerk and no communications have been received in opposition to the appeal. The City Manager further indicated that the applicants had also submitted a report entitled "Site Prerequisite for a Community Shopping Center at the Southwest Corner of Valley View and Ball Road", which had been prepared by Dean R. Evans, for review by the City Council. The Planning Director then read into the record of the Public Hearing a report, dated November 6, 1967, regarding the action taken by the Cypress Planning Commission in its denial of the application for change of zone. General discussion ensued in regard to the recommendations contained in the Economic Research Associates' report on commercial development and how this report compares to the recommendations made in Mr. Evans' report concerning the property at Valley View Street and Ball Road. In reference to the E.R.A. report, discussion was held in regard to the amount of commercial development which has taken place since the preparation of this report and how the change of zone under consideration from a commer- cial use to a residential use would affect the overall commercial development projections for the City. The Mayor asked if anyone in the audience wished to speak in favor of the subject zone change request. Mr. Dale Heinly, Attorney, 611 West Eighth Street, Santa Ana, addressed the Council as representative of the applicants, speaking in favor of the approval of the subject change of zone and reviewing various statements contained in Mr. Evans' report. He further indicated that the applicant considers residential development to be the best use for the property due to its close proximity to a school site. In response to a question from Councilman Bowen, the Planning Director indi- cated that Mr. Evans has prepared economic studies for other communities and is considered to be a reputable consultant. A resident of 5911 Marion Avenue, Cypress, addressed the Council speaking in favor of the requested zone change due to the proximity of the subject property to school sites located north and south of Ball Road. Councilman Kanel expressed his concern over excluding the subject property from commercial use as he felt it would hamper the City's commercial potential since Valley View Street is one of the major artcrisis through the City. He further stated that Cypress is limited in the areas which could be utilized for commercial development for a regional shopping center. November 27, 1967 Councilman Bowen stated that if the area is rezoned to residential use, there will still be sufficient corm~ercial zoning remaining for development of a community shopping center. Mayor Harvey stated that the location under discussion was essential for the development of a regional shopping center and that even though the E.R.A. report had indicated that either Walker Street and Ball Road or Valley View Street and Ball Road would be the best location for a regional shopping center, he did not believe the development under construction at Ball Road and Walker Street should eliminate the possibility of a regional shopping center being located at Valley View Street and Ball Road. He further stated that there have been other rezonings which have deleted commercial uses from the Master Plan. He also indicated that he felt a change of zone in this area is premature since it would appear that the City would have an opportunity to consider commercial development of this area in the near future. Mr. Heinly again addressed the Council reviewing the development of commercial areas throughout the County and requesting the Council's favorable consi- deration of the subject zone change request. General discussion ensued between the Council members and the applicant's representative concerning general commercial development throughout the County and the prospects of attracting commercial developers into the City of Cypress. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen seconded by Councilman McCarney to read the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM P-C (PLANNED COMMERCIAL) TO R-1 (ONE-FAMILY PdESIDENTIAL), ZONE CHANGE NO. Z-159 It was moved by Councilman McCarney and seconded by Councilman Bowen to adopt the first reading of this Ordinance. The motion w~s carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, McCarney and Nee Kanel and Harvey None CONSIDERATION OF AMENDMENT TO TRAFFIC CODE RE: ADVISORY TRAFFIC COMMITTEE: The City Manager presented a report, dated November 8, 1967, which had been continued by the City Council at its meeting of November 13, 1967, for consideration at this time. The report reviewed the results of a recent survey conducted by the City Staff on traffic advisory committees in other communities and outlined various suggestions for the organization of an advisory traffic committee for the City of Cypress. General discussion ensued in regard to the suggestions made by Mayor Harvey for amendments to the Staff's recommendations for organization of the Advisory Traffic Committee which included increasing the number on the committee to seven members, with five of these members to be lay members, and with the chairman to be selected by the members; and conducting the meetings during the evening hours, since this would be more convenient for the conduct of public hearings. Councilman Kanel stated that he would not be in favor of increasing the lay membership on the committee from three to five since he felt it would hamper the operation and effectiveness of the committee. Mayor Harvey stated that he favored a larger committee due to the importance of traffic problems and the need to have a larger portion of the community represented on the committee. Following general discussion regarding the conduct of the meetings during the evening hours, the City Manager explained the functions of the Advisory Traffic Committee as it is presently organized and indicated that the scope of responsibility of the present Advisory Traffic Committee does not provide for the conduct of public hearings before the Committee itself. The Committee November 27, 1967 either approves or denies a request submitted by a citizen or citizens' group and if the decision of the Committee is appealed, then the matter is presented to the City Council for deliberation. It was moved by Councilman Kanel and seconded by Councilman McCarney to approve the following provisions for the reorganization of the composition of the Advisory Traffic Committee; and to further authorize the City Attorney to prepare the necessary code amendments allowing for these changes to be considered at the Council meeting of December 11, 1967: (1) That the Advisory Traffic Committee consist of three lay members, the Public Works Director or his representative, and the Police Chief or his representative. These members would all have voting privileges. That the City Manager or his representative should serve as chairman of the committee as an ex-officio member without voting privileges. (3) That the three lay members of the committee be appointed by the City Council for two-year terms of office. (4) That in the initial appointments, two of the lay members be given two-year terms with one member given a one-year term to allow for the staggering of terms. (5) That the terms of the lay members be limited to two terms of office with a term of office being defined as a term on the cormnittee of one year or more. Under this definition, the longest term which could be served by a committee member would be slightly less than five years, while a minimum term would be slightly in excess of three years. (6) The City Council would establish the number and time of meet- ings and the rules and procedures governing the conduct of the meetings of the committee by separate resolution. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, and Noe Harvey None CONSIDERATION OF INSTALLATION OF TELEPHONE RECORDING DEVICE: The City Manager presented a report, dated November 22, 1967, outlining the necessity of installing a telephone recording device which would serve to inform citizens calling the Civic Center of the hours of operation and give notification of the holidays which are being observed by the City employees. The report indicated that the recording device could be installed by Pacific Telephone Company at a cost of $35.00 for installation and a monthly charge of $13.50. It was moved by Councilman Bowen and seconded by Councilman Noe to authorize the installation of a telephone recording device by Pacific Telephone Company at a cost of $35.00 for installation and a monthly charge of $13.50. The motion was unanimously carried by the following roll call vo~e: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None CONSIDERATION OF PURCHASE OF POLICE COLOR GUARD EQUIPMENT: The City Manager presented a report, dated November 22, 1967, reviewing the equipment required by the Police Color Guard which includes the purchase of the United States and California State flag for use at public events in which the Color Guard participates. It was moved by Councilman Kanel and seconded by Councilman Bowen to authorize the purchase of the Police Color Guard equipment at a cost not to exceed $150.00 from the Community Promotional Account. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None 199 November 27, 1967 CERTIFICATION OF EMPLOYMENT LIST--POLICE DETECTIVE: The City Manager presented a report, dated November 22, 1967, reviewing the results of a promotion examination conducted for the position of Police Detective. It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously carried to certify the eligible list for Police Detective as submitted, CONSIDERATION OF COMMERCIAL WARRANT LIST WARRANTS NO. 17962 THROUGH 18008: It was moved by Councilman Bowen and seconded by Councilman Kanel to approve the Cor~nercial Warrant List for Warrants No. 17962 through 18008 in the amount of $39,155.73. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-160 (LARWIN COMPANY): It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to read the following Ordinance by title only: ORDINANCE NO. 358 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-4 (HIGH DENSITY MULTIPLE-FAMILY) AND R-2 (TWO-FAMILY RESIDENTIAL) TO R-1 (ONE-FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-160. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call rote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None Councilman Kanel suggested that inasmuch as the Beautification Program in the City was such a success, he felt it would be in order to present the Cypress Chamber of Conmerce and Women's Club of Cypress with Resolutions of Commendation for the coordination of this Program by members of these two organizations. It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to place this matter on the agenda at this time. It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to direct the Staff to prepare two Resolutions of Commen- dation to be presented to the Cypress Chamber of Commerce and Women's Club of Cypress at the Council meeting of December 11, 1967. ADJOURNMENT: There being no further business to come before the Council, it was moved by Councilman Noe, seconded by Councilman McCarney and unanimously carried to adjourn the meeting at 9:20 p.m. ATTEST: CIT~ ctmk~r~F ~E CfTY OF CYPRESS MAYOR OF THE CITY November 27, 1967