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Minutes 68-01-08227 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD January 8, 1968 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, January 8, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert C. Harvey presiding. PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clerk Darrell Essex, Attorney Mike McCormick, and Administrative Assistant Gene Poertner. 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 December 26, 1967. Upon the request of the City Manager, it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to schedule Item No. 9 regarding award of bid for the Electronic Communications Console for consideration prior to Oral Communications on the evening portion of the agenda. The City Manager reviewed the program which had been planned for conduct of the Town Hall meeting and advised that Carl Nelson, Engineer for the Orange County Flood Control District, would speak in connection with general County problems concerning flood control; and Attorney Fritz Stradling would review the various types of financing available for construction of flood control,facilities. The City Manager reviewed the Precinct Maps which had been prepared by Orange County for the City's use in the General Municipal Election to be held on April 9, 1968, and advised that it would be necessary to establish thirteen precincts. The City Manager advised that the City of Cypress had been selected to host sixteen Vietnamese officials who are scheduled to visit the United States to study local government. The officials are scheduled to visit Cypress on January 18, 1968, and the City will attempt to obtain participation by all the community organizations. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Noe, and seconded by Councilman Kanel to authorize the City Manager to proceed with the development of a program for the visit by the sixteen Vietnamese Government officials on January 18, 1968. In response to a question from Mayor Harvey, the City Manager indicated that the only anticipated expense which would be involved in this program would be for a luncheon. It was then moved by Councilman Noe and seconded by Councilman Kanel to amend the original motion to include authorization for the City Manager to expend whatever funds are necessary to conduct this program. The motion with the amendment 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 The City Manager indicated that he would like as many of the Council members as possible to participate in this program. January 8, 1968 In response to a question from Councilman Bowen concerning the polling place for Precinct 334, the City Manager advised that the City attempts to utilize public buildings for polling places in the election whenever possible. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to adjourn the afternoon session at 4:28 p.m. to the Employees' lounge for the purpose of meeting with the Cypress Elementary School District Board of Trustees. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilmen: Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clerk Darrell Essex, Attorney Mike McCormick, Administrative Assistant Gene Poertner, Planning Director George Putman, Public Works Director Arthur Schatzeder, Building Superintendent Tom Nudson, Police Chief George Savord, and Finance Director Jim Grissom. AWARD OF BID FOR ELECTRONIC COMMUNICATIONS CONTROL CONSOLE FOR POLICE DEPARTMENT: The City Manager presented a report dated January 4, 1968, setting forth the results of the bid opening which was conducted at 10:00 a.m. on Monday, December 18, 1967, for the Police Department Electronic Communications Control Console, with the lowest bid having been submitted by Mobile Radio, Inc., 11819 Burke Street, Santa Fe Springs, in the amount of $8,970.00. The City Manager indicated that since both bids submitted exceeded the Budget estimate of $8,000, the Police Chief reviewed the proposals with the Chief Engineer of Orange County Communications to deter- mine if savings could be made in the console unit and to determine whether or not the components as submitted were consistent with bid specifications, and that during this meeting several exceptions to the specifications were noted which could reduce the bid proposal, and in discussing these exceptions with representatives of Mobile Radio, Inc, it was determined that the bid with the exceptions as noted will not exceed $8,000 plus sales tax for taxable components. In response to a question from Mayor Harvey as to whether or not Motorola would be given an opportunity to reduce their bid proposal, the City Manager explained that both bids were reviewed by Orange County Cenm~unications and it was felt that Motorola would not be able to make the same exceptions as noted because of the per-unit bid prices which would mean that Motorola would have to reduce their original bid price by more than $3,000. Since Mayor Harvey and Councilman Noe expressed concern over the possibility that Motorola Communications and Mobile Radio, Inc. may have applied different interpretations in preparation of their bid proposal, which would account for the $2,000 difference in their respective bid proposals, Police Chief Savord advised that when this project was originally under- taken, he had requested sample specifications from three fiems, including Mobile Radio and Motorola Communications, and the final specifications were drawn from the three samples submitted with almost no changes having been made by Orange County Communications. He further explained that the reason for the difference in cost is due to the different concepts involved in the manufacturing of the console. Basically the console manufactured by Motorola is pre-built, whereas that manufactured by Mobile Radio is done so in accordance with individual specifications. Mayor Harvey again indicated that he would wish Motorola to have the same opportunity to reduce their bid proposal as was afforded Mobile Radio, Inc. It was moved by Councilman Noe and seconded by Councilman Bowen to determine that the bid proposal dated December 13, 1967, from Mobile Radio, Inc., 11819 Burke Street, Santa Fe Springs, with exceptions as noted in the memorandum of the Cypress Police Department dated December 21, 1967, is the lowest and best bid and to authorize the award of the contract to Mobile Radio, Inc. for the installation of the Electronic Communications Control Console. The motion was carried by the following roll call vote: January 8, 1968 229 AYES: NOES: ABSENT: 4 COUNCILMEN: 1 COUNCILMEN: 0 COUNCILMEN: Bowen, Kanel, McCarney, and Noe Harvey None ORAL COMMUNICATIONS: There were no oral communications presented at this time. Since Item No. 1 was a Public Hearing scheduled for 8:00 p.m., it was'moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to proceed to Item 2 on the agenda at this time. COMMUNICATIONS FROM CITY OF NEWPORT BEACH RE: REHEARING ON APPLICATIONOF PACIFIC SOUTHWEST AIRLINES: The City Manager reviewed a conununication dated December 29, 1967, from the City of Newport Beach transmitting a copy of a resolution requesting the Public Utilities Commission to grant a rehearing on the application for a Certificate of Public Convenience and Necessity requested by Pacific Southwest Airlines. The rehearing is requested to allow for the completion of the Master Plan for the Orange County Airport before any additional scheduled airline flights are approved by the Public Utilities Commission. It was moved by Councilman McCarney, seconded by Councilman Noe and unanimously carried this corfanunication be received and filed. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: DISTRIBUTION OF CIGARETTE TAX ALLOCATIONS: The City Manager presented a communication dated December 29, 1967, from the League of California Cities which out- lined the proposed changes in the distribution of the Cities' cigarette tax allocations which will be considered by the League Board of Directors at their meeting scheduled for January 24, 1968. The communication further indicated that the proposed formula is a compromise resulting from an extensive study by the League Committee on Revenue and Taxation and provides for the cigarette tax to be apportioned to cities on the basis of one-half population and one-half taxable sales. The City Manager advised that, based on the new formula, the City of Cypress would receive $50,571 compared to $11,250 under the existing formula. It was moved by Councilman Bowen and seconded by Councilman Kanel to authorize the City Manager to notify the League's Board of Directors that the City of Cypress supports the compromise formula as recommended by the League Committee on Revenue and Taxation; and to further direct the City Manager to notify the local State legislators of the City Council's position on this matter. Following general discussion concerning the impact such a measure would have on individual California cities, Councilman Bowen's motion was unanimously carried. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES CITY REVIEW COMMITTEE RE: TRAFFIC SAFETY PROGRAM: The City Manager reviewed a communication dated December 29, 1967, from Mr. Weller, City Manager of Alameda, California, as Chairman of the League's City Review Committee for projects submitted pursuant to the Federal Highway Safety Act of 1966 whereby the State has earmarked $300,000 for cities of the $2.25 million allotted to the State for traffic safety activities pursuant to this act. The communication requested the City to consider the submission of a traffic safety project proposal for review and recommendation by the League of California Cities' Traffic Safety Project Review Committee, and transmittal to the State Transportation Agency for review and approval. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to authorize the City Manager to prepare and submit a Traffic Safety proposal to the League of California Cities Project Review Committee. January 8~ 1968 COMMUNICATION FROM DWIGHT D. CURRIE REQUESTING TRANSFER OF SPECIAL PERMIT FOR DANCING AT THE V.I.P. BEER BAR: The City Manager reviewed a commu- nication dated January 2, 1968, from Dwight D. Currie, 16741 Marie Lane, Huntington Beach, requesting a transfer of the Special Permit for dencing previously issued to Mr. Ken Gunderson for the operation at the V.I.P. Beer Bar located at 4612 Lincoln Avenue, Cypress. The City Manager indicated that City Code Section 15-66 does not allow a transfer of a Special Permit except with the consent of the City Council which may require the transferee to file an original application. The City Manager further advised that the applicant has not as yet received the license which is granted by the Alcoholic Beverage Control Board for operation at the V.I.P. In addition, the applicant has indicated an interest in obtaining a Live Entertainment Permit similar to that previously granted by the City Council to Mr. Gunderson. In response to a question from Mayor Harvey, the City Manager indicated that there would be no fee to grant a transfer of the Special Permit; however, if the applicant is required to refile, there would be a filing fee of $50.00. It was moved by Councilman Nee, seconded by Councilman Bowen and unanimously carried to continue the request for transfer of a Special Permit for dancing as requested by Mr. Currie until Mr. Currie has obtained a valid Alcoholic Beverage License and until a public hearing has been held regarding a Live Entertainment Permit, if requested by Mr. Currie. PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT AT UNICORN RESTRURANT (ALLAN ROBERTS): The Mayor announced this was the time and place for the Public Hearing to consider an application for a Live Entertainment Permit to permit a pianist at the Unicorn Restaurant, 5960 Cerritos Avenue, Cypress, California, as requested by Mr. Allan Roberts, 3251 Mainway Street, Los Alamitos, California. 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 were 'on file in the office of the City Clerk and no written communications had been received protesting this permit. The City Manager indicated that the application under consideration is a renewal of the permit granted by the City on January 23, 1967, for a one- year period. He further indicated that the Police Department, upon comple- tion of its investigation, has found no cause to protest the subject appli- cation. The Mayor asked if anyone in the audience wished to speak in favor or in opposition to the subject permit. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. In response to an inquiry from Mayor Harvey, the City Manager advised that the City had received no recent complaints concerning fire or safety hazards which may be created by patrons standing in the doormay of the Restaurant. It was moved by Councilman McCarney, seconded by Councilman Nee and unanimously carried to grant a Live Entertainment Permit for a pianist at the Unicorn Restaurant, 5960 Cerritos Avenue, Cypress, as requested by Mr. Allan Roberts, for a one-year period from January 23, 1968, to January 23, 1969. ACCEPTANCE OF IMPROVEMENTS AND AUTHORIZATION TO RELEASE BONDS--TRACT NO. 6318 (LARWIN COMPA~FY): The City Manager presented a report dated January 4, 1968, from the public Works Director advising that public improvements in Tract 6318, located at the northeast corner of Moody Street and Cerritos Avenue, consisting of 12.3 acres, and 69 R-1 lots, developed by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, have been satisfactorily completed in accordance with plans and specifi- cations except that the developer has not complied with the optional design requirements in connection with granting an amount of money equal to six percent of the fair market value of the gross area of the land within the January 8~ 1968 residential subdivision for park and drainage purposes. The report further indicated that there were some dead trees which were to be replaced. In response to a question from Mayor Harvey, the City Manager advised that the remaining optional design payment would amount to approximately $3,000. It was moved by Councilman Bowen and seconded by Councilman Noe to accept the public improvements in Tract No. 6318 as being satisfactorily completed in accordance with the plans and specifications, and authorize the City Clerk to release the Faithful Performance, Labor and Material, and Monumentation Bonds upon expiration of the required lien period, providing no mechanics liens have been filed, and providing that final payment of funds under the optional design requirements have been received by the City and that dead trees have been replaced. 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 EXTENSION OF TIME ON SUBDIVISION AGREEMENT FOR TRACT 4377 (LARWIN COMPANY): The City Manager presented a report dated January 4, 1968, from the Public Works Director advising that the developer of Tract No. 4377, which is located at the southeast corner of Valley View Street and Orange Avenue, has requested an extension of time on the Subdivision Improvement Agreement since he is utilizing a portion of this Tract as a model home site, and therefore, does not contemplate installing the balance of the public improvements until the model home area is no longer required. The City Manager then reviewed two requirements which had been suggested by the Public Works Director for addition to the present Subdivision Agreement as conditions of approval and advised that addition of these two conditions would necessitate preparing an amendment to the Subdivision Improvement Agreement. The Public Works Director advised that the developer had indicated that he would not object to the addition of the suggested conditions. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to approve a one-year extension of time on the Subdivision Improvement Agreement for the construction of the improve- ments in Tract No. 3277 and that an amendment be added to the Subdivision Improvement Agreement incorporating the following two conditions. Maintain the temporary storm drain ditch extending from the east boundary of Tract 4377 to Margaret Street. Maintain the Tract in a clean condition free of trash, debris and weeds. EXTENSION OF TIME ON SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 5660 (HARRY B. MAXWELL): The City Manager presented a report dated January 4, 1968, from the Public Works Director advising that Harry B. Maxwell, developer of Tract No. 5660, which is located at the south side of Orange Avenue approximately 649 feet west of Valley View Street, has requested an extension of time on the Subdivision Improvement Agreement for the subject tract in order to allow sufficient time to obtain additional financing to complete the tract improvements. The City Manager reviewed a condition which had been suggested by the Public Works Director for inclusion in ~he Subdivision Improvement Agreement as a condition of granting the extension request. January 8, 1968 23k It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to approve a one-year extension of time on the Subdivision Improvement Agreement for the construction of the improve- ments in Tract No. 5660 and that an amendment be added to the Subdivision Improvement Agreement to incorporate the following condition: Maintain tract in a, clean condition at all times free of weeds, debris, and rubbish. In response to questions from Mayor Harvey and Councilman Noe, the City Manager advised that the developers would be required to execute the new Subdivision Improvement Agreement along with the Mayor and City Clerk and further that the bonds will be in full force and effect until released by the City Cle~k's office upon authorization from the City Council. Attorney Mike McCormick in answer to an inquiry from Councilman Noe, advised that the premiums for bonds of this nature are paid in advance/ RESOLUTION REQUESTING COUNTY CLERK TO ASSIST IN THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD APRIL 9, 1968: The City Manager presented a report dated January 4, 1968, outlining the need for the City to obtain permission from the Orange County Board of Supervisors to permit the County Clerk to assist in the General Municipal Election to be held in the City on Tuesday, April 9, 1968. The services provided by the County Clerk will include providing the names and addresses of registered voters on the polling place inserts furnished by the City and to insert the polling place insert and sample ballots into envelopes provided by the City. It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the following Resolution, title as follows: RESOLUTION NO. 833 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE COUNTY CLERK OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF CYPRESS, RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 9, 1968 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 AlrrHORIZATION FOR CITY MANAGER TO ATTEND ADVANCED MANAGEMENT TRAINING PROGRAM FROM JANUARY 28 THROUGH FEBRUARY 2~ 1968: The City Manager presented a report dated January 4, 1968, requesting authorization to attend the Ninth Annual Advanced Management Training Program sponsored by the International City Managers' Association which is scheduled to be held in Santa Monica from January 28!to February 2, 1968. The training program consists of five full days which are devoted to workshops and lectures of primary importance to the City Manager and the total enrollment for the program, including all instructional materials, tuition, meals and lodging, is $240.00. The City Manager indicated that in his discussions of the conference with other City Managers he was advised that the subject matter and learning experience are well worth the investment involved. He further indicated that this is the first year the program has been held on the west coast and therefore, the City Managers on the west coast are being urged to support the training program in the hope that in the future more of these sessions will be held in the western portion of the United States. It was moved by Councilman Noe and seconded by Councilman McCarney to authorize the City Manager to attend the Advanced Management Training Program sponsored by the International City ManagerS' Association to be held January 28 through February 2, 1968, in Santa Monica and that he be reimbursed for his actual and necessary expenses. January 8, 1968 233 In response to a question from Councilman Kanel, the City Manager explained that he felt his attendance at the Santa Monica Conference rather than on the panel at the Housing Conference in Sacramento would be of more direct benefit since the panel would consist of only one morning session while the sessions in Santa Monica will take place over a five-day period. He further indicated that since the panel has not as yet been formalized, he could notify the Housing Conference Chairman immediately that he will be unable to attend. Councilmen Noe's 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 APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 18184 THROUGH 18261: In response to a question from Councilman Bowen concerning the Warrants to the North Orange County Judicial District, the City Manager explained that this is a new procedure whereby all monies are processed through the Finance Department. It was moved by Councilman Bowen and seconded by CoUncilman Noe to approve the Commercial Warrant List for Warrants No. 18184 through 19261 in the amount of $37,977.66. 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: TRAFFIC CODE: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to read the following Ordinance by title only: ORDINANCE NO. 364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING CHAPTER 16 OF THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, AND ADDING CHAPTER 16 TO THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, REGULATING THE USE OF AND TRAFFIC UPON THE STREEST, SIDEWALKS AND OTHER PUBLIC AND PRIVATE PLACES IN THE CITY OF CYPRESS, AND THE USE, PARKING AND CONTROL OF VEHICLES THEREON. It was then moved by Councilman Bowen and seconded by Councilman Noe to adopt the second reading of this Ordinance 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: AMENDMENT TO SUBDIVISION OPTIONAL DESIGN AND IMPROVEMENT STANDARDS: It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to read the following Ordinance by title only: ORDINANCE NO. 365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 25-41, AND DIVISION 2 OF CHAPTER 25, SECTIONS 25-53 THROUGH 25-56 OF THE CYPRESS CITY CODE, AND SECTIONS 106.10, 107.10, 108.1% 109.10, AND 110.10 OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, APPENDIX I TO SUCH CODE, RELATING TO SUBDIVISION OPTIONAL DESIGN AND IMPROVEMENT STANDARDS. January 8, 1968 It was then moved by Councilmen Bowen and seconded by Councilmen Noe to approve the second reading of this Ordinance 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: ANNEXATISN NO. 67-3 TO THE CITY OF CYPRESS: It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to read the following Ordinance by title only: ORDINANCE NO. 366 AN ORDINANCE OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED AS 'ANNEXATION NO. 67-3" TO THE CITY OF CYPRESS. It was then moved by Councilmen Bowen and seconded by Councilman Kanel to approve 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, Kanel, McCarney, Noe, and Harvey None None In response to a question from Councilmen McCarney concerning the action against the bonding company for lowering of oil lines on Knott Street south of Cerritos Avenue, Attorney McCormick further advised that a decision should be forthcoming on this matter within the next thirty days. The City Manager advised that negotiations which have been in progress to obtain drainage easements which are necessary to accomplish the installation of the 2-A underground drainage system from Walker Street westerly to Grindlay Street have been unsuccessful to date. He further advised that negotiations will continue; however, in the event the pro- perty owners will not grant the required easements, it may be necessary to initiate condemnation proceedings to acquire these easements. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to place this item on the agenda for consideration at this time. Following a review by the City Manager of the location of and necessity for these drainage easements, general discussion ensued in regard to the advisability of initiating condemnation proceedings and it was generally the opinion of the Council that condemnation proceedings should not be initiated unless all other means of acquiring the drainage easements fail. It was moved by Councilman McCarney, seconded by Councilman Noe and unanimously carried to continue consideration of the initiation of con- demnation proceedings to allow the Staff additional time to negotiate a settlement with the property owners involved. The City Manager announced that the City would host sixteen Vietnamese Government Officials on Thursday, January 18, 1968, and requested the support of all the citizens and community organizations. ADJOURNMENT: There being no further business to come before the Council, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried t o adjourn the meeting at 8:47 p.m. until Monday, January 15, 1968, at 7:30 p.m. in the City Employees' Lounge, 5275 Orange Avenue, Cypress. ~AYOR OF THE CITY 'OF CYPRESS~ January 8. 1968