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Minutes 68-03-11MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 11, 1968 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, March 11, 1968, in the City COuncil Chambers, 5275 Orange Avenue, Mayor Robert C. Harvey presiding. PRESENT: Councilmen Bowen, McCarney, Noe, and Harvey ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex and City Attorney James E. Erickson. MINUTES: It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to approve the minutes of the Adjourned Regular Meeting of February 19, 1968. Following discussion, it was moved by Councilman Noe, seconded by Councilman McCarney and unanimously carried to approve the Minutes of the Regular Meeting of February 26, 1968, subject to the first line of paragraph 3 on page 11 being corrected to read, "It was moved by Councilman McCarney and seconded by Councilman Bowen . " Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place the Pre- sentation of a Plaque to the winner of the most popular poster on Beautification Day on the agenda for action following the Invocation. At the request of the City Manager, it was moved by Councilman McCarney, seconded by Councilman Bowen and unanimously carried that consideration of the purchase of an aerial map be placed on the agenda for considera- tion at this time. The City Manager reported that the cost of purchasing an aerial map would be approximately $800 to $1,000, which is substantially more than the City Council had previously authorized. It was moved by Councilman McCarney, seconded by Councilman Noe and unanimously carried to continue consideration of the purchase of an aerial mosaic for the City until the 1968-69 budget session. The City Manager advised that the Cypress School Board had denied the Council's request for an easement over the School District~s property located southerly of Tract 4137 and westerly of Tract No. 5044 for the purpose of constructing a north-south street to connect with Marian Avenue in Tract No. 5044. COUNCILM~ KANEL ARRIVED AT 4:11 P.M. AND TOOK HIS PLACE ON THE PODIUM. The City Manager reviewed the items considered at the first meeting of the newly-appointed Advisory Traffic Committee and indicated that the Committee had requested that a recormnendation be forwarded to the City Council to consider the inclusion of the installation of some type of traffic signalization at the intersection of Ball Road and Denni Street prior to the beginning of school in September; and further that the Cypress School District be requested to continue bussing the school children attending Landell School for the remainder of the current school year. The City Manager reviewed the traffic problems at this intersection and indicated that, although a crossing guard had been proposed, many parents and residents did not feel this would afford adequate protec- tion to children crossing Ball Road at this intersection. March 11, 1~68 It was moved by Councilman Nee, seconded by Councilman Bowen and unanimously carried to place this matter on the agenda for consi- deration at this time. It was moved by Councilman Bowen and seconded by Councilman Nee to include consideration of the installation of traffic signalization at the intersection of Ball Road and Denni Street in the 1968-69 BUdget and to request the Cypress School District to continue bus service for school children residing south of Ball Road for the remainder of the current school year. The motion was unanimously carried by the folbwing roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Nee, and Harvey None None The City Manager reviewed the provisions of Senate Bills 334 and 408 as they relate to the exemption of nonprofit corporations from paying property taxes, and outlined the savings which could be afforded the City of Cypress with the passage of these bills by the Senate Committee on Revenue and Taxation since the current lease between the City and the Cypress Civic Center Corporation provides for the City to pay property taxes which are levied against the Corporation by the County Assessor. It was moved by Councilman Nee, seconded by Councilman Bowen and unanimously carried to place this matter on the agenda for considera- tion at this time. Following discussion as to which municipal facilities would be covered by each of the subject Senate Bills, it was moved by Councilman Nee and seconded by Councilman Bowen to direct the City Staff to advise the Chairman of the Senate Committee on Revenue and Taxation as well as the legislators for the Cypress area of the Council's support of Senate Bills 334 and 408. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Nee, and Harvey None None Upon the request of the City Attorney, it was moved by Councilman Nee, seconded by Councilman Kanel and unanimously carried to go into an Executive Session at 4:37 p.m. for the purpose of discussing the settlement of litigation. The meeting was called back to order at 4:48 p.m., with all City Councilmen being present. It was moved by Councilman Nee, seconded by Councilman Bowen and unanimously carried to consider the Stipulation for Judgment for the property owned by Robert W. Helms and Julia A. Helms at this time. It was moved by Councilman Bowen and seconded by Councilman Nee to approve settlement of the condemnation action with Robert W. Helms and Julia A. Helms in the amount of $10,000 including interest, pro- rated taxes and award of damages compensation. The motion was unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Nee, and Harvey None None RECESS: It was moved by Councilman Nee, seconded by Councilman Kanel to recess at 4:54 p.m. until 7:30 p.m. that evening. March 11, 1968 2S4 CALL TO ORDER: The Mayor called the meeting back to order~z 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, City Attorney James E. Erickson, Public Works Director Art Schatzeder, Police Chief George Savord, Finance Director Jim Grissom, Building Superintendent Tom Nudson, Planning Director George Putnam, Civil Engineer Associate Raymond Coakley, and Administrative Intern Gary Kariker. PRESENTATION OF PLAQUE TO MARK VARGAS FOR MOST POPULAR POSTER--CYPRESS BEAUTIFICATION DAY: Mr. Lloyd Nunnenkamp, President of the Cypress Chamber of Commerce presented a plaque to Mark Vargas for having the most popular poster submitted in the poster contest which was held in the ~elementary schools in conjunction with the Beautification Day ceremonies. Mr. Nunnenkamp and Mayor Harvey then congratulated Mark on his poster on behalf of the Cypress Chamber of Conmerce and City Council. RECESS: The Mayor declared a recess at 7:32 p.m. The meeting was called back to order at 7:34 p.m., all City Councilmen being present. The City Manager reviewed the action which had been taken during the afternoon session of the Council meeting. AWARD OF BID FOR 1968 WEED ABATEMENT PROGRAM: The City Manager pre- sented a report dated March 6, 1968, reviewing the results of a bid opening conducted in the office of the City Clerk on Monday, March 4, 1968, for work required in conjunction with the 1968 Weed Abatement Program in the City of Cypress. The report indicated that only one bid was received from Edwin Webber, 8472 Rembrandt Avenue, Huntington Beach, California, in the amount of $13,484.75. However, a letter was submitted by Mr. P. I. Haddan stating reasons why he could not submit a bid, which were specifically due to the requirements connected with publication of labor rates, progress payment procedures and the require- ment of listing and posting. The Public Works Director indicated that the procedures for issuing progress payments and of listing and posting proposed in the 1968 Weed Abatement specifications are identical to those followed in the 1967 Program. He further indicated that the labor rates requirement has been referred to the City Attorney for his opinion. It was moved by Councilman McCarney and seconded by Councilman Kanel to determine that the bid submitted by Edwin Webber, 8472 Rembrandt Avenue, Huntington Beach, California, in the amount of $13,484.75 is the lowest and best bid and to authorize the Mayor to sign and the City Clerk to attest the 1968 Weed Abatement Program contract. 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 ORAL COMMUNICATIONS: There were no oral communications presented at this time. Since Item No. 2 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 5 at this time. March 11, 1968 285 COMMUNICATION FROM DIEHL, EVANS AND COMPANY RE: AUDIT FOR PERIOD ENDING DECEMBER 31, 1967: The City Manager presented a cormnunication dated February 16, 1968, from Diehl, Evans, and Company, City auditors, indicating that the six-month audit for the period ending December 31, 1967, has been completed and that this examination has revealed no points of sufficient significance to be reported to the Council at this time. It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: BOARD OF TRUSTEES MEETING OF FEBRUARY 15, 1968: The City Manager indicated that a communication dated February 21, 1968, has been received from the Orange County Mosquito Abatement District transmitting a copy of the minutes of the Board of Trustees meeting held February 15, 1968. A copy of these minutes is on file in the office of the City Clerk, It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY FAIRGROUNDS RE: CITY PARTICIPATION IN SUBMITTING COMMUNITY EXHIBIT AT ORANGE COUNTY FAIR: The City Manager presented a communication dated February 22, 1968, from Joseph E. Ribal, President of the Board of Directors of the Orange County Fairgrounds, requesting the City to participate in the 1968 Orange County Fair and Exposition, which is scheduled for July 16 through July 21, through the submission of a community exhibit. In response to questions from Councilmen Bowen and McCarney, the City Manager indicated that there would be no entrance fees required if the City should decide to enter an exhibit for display at the Orange County Fair, and that the total cost of the exhibit would not exceed $500.00 since a portion of the exhibit displayed at the Ariahelm Convention Center could also be utilized in the subject display. It was moved by Councilman Kanel and seconded by Councilman Bowen to authorize the participation of the City of Cypress in an exhibit booth at the Orange County Fairgrounds to be coordinated by the City Manager's office with the Cypress Chamber of Commerce. It was moved by Councilman McCarney and seconded by Councilman Kanel to amend this motion to state that the cost of preparing an exhibit should not exceed $500.00. This amendment to the original 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 Councilman Kanel's original motion was then 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 COMMUNICATION FROM ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION RE: PROPOSED DETACHMENT OF CITY OF ANAHEIM FROM CYPRESS RECREATION AND PARK DISTRICT: The City Manager reviewed a communication dated February 26, 1968, from Richard T. Turner, Executive Officer of the Local Agency Forma- tion Cormnission giving notice that a hearing will be held on March 13, 1968, to consider a proposed detachment of an island of property 30 acres in size located at the northwest comer of Orange Avenue and Knott Street in the City of Anaheim from the Cypress Recreation and Park District. Since a major portion of the property is developed as a junior high school, the detachment of the area would not be a substantial tax loss to the Park District. March 11, 1968 The City Manager indicated that he had discussed this proposed detachment with the officials of the Cypress Recreation and Park District who indicated they were not opposed to the detachment. It was moved by Councilman McCarney and seconded by Councilman Bowen this con~nunication be received and filed. General discussion was introduced by Councilman Kanel relative to the amount of funds which would be expended by Cypress Recreation and Park District in coordinating recreation functions for the proposed area to be detached from the District, following which Councilman McCarney,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 COMMUNICATION FROM CITY OF COSTA MESA RE: LEGISLATION ON TOPLESS WAITRESSES: The City Manager presented a connnunication dated February 26, 1968, from the City of Cos ta Mesa transmitting a copy of a resolution urging passage of State legislation providing for the right of cities to regulate topless waitresses and further urging an amendment authorizing cities to prohibit topless entertainers. The City Manager advised the Council that this legislative matter had already been killed in committee and apparently would not be reconsidered at this legislative session. It was moved by Councilman McCarney, seconded by Councilman Noe and unanimously carried this communication be received and filed. COMMUNICATION FROM STATE CONTROLLER RE: REVENUE PROJECTS FOR FISCAL YEAR ENDING JUNE 30~ 1969: The City Manager reviewed a communication dated February 29, 1968, from the State Controller transmitting the estimated revenue to be received by cities for the fiscal year ending June 30, 1969, from the cigarette tax, highways users taxes, and motor vehicle fees. The communication indicated that the City of Cypress, based on a population of 20,500, will receive $129.245 from motor vehicle license fees, $159,567 from gas tax funds, and $13,696 in cigarette tax allocation. The City Manager indicated that a revised population estimate from the State Department of Finance as of April 1, 1968, should increase the estimated amounts to be received from the motor vehicle license fees and gas tax funds and with increased commercial development there is also a possibility that the cigarette revenues could also be increased over the estimate. Mayor Harvey requested that the City Manager include this information in the next Newsletter. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried, this communication be received and filed. COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: TRANSFER OF ON-SALE BEER LICENSE AT SQUIRREL CAGE: It was moved by Councilman McCarney, seconded by Councilman Bowen and unanimously carried to continue consideration of this matter until the meeting of March 25, 1968, to allow the Police Department additional time to complete its investigation of the application. COMMUNICATION FROM HAMILTON THRIFT AND LOAN RE: SQUIRREL CAGE: The City Manager presented a communication dated March 5, 1968, from Mr. A. Z. Stein on behalf of Hamilton Thrift and Loan, notifying the City Council that Hamilton Thrift and Loan has a security interest in the fixtures and equipment located in the business known as the Squirrel Cage, 4132 Lincoln Avenue, Cypress. It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried, this communication be received and filed. March 11, 1968 COMMUNICATION FROM CYPRESS COUNTY WATER DISTRICT RE: SUPPORT OF STORM DRAIN GENERAL OBLIGATION BOND ELECTION: The City Manager reviewed a communication dated March 6, 1968, from Mr. Daniel T. Mackay, Secretary- Manager of the Cypress County Water District, transmitting a copy of a resolution of the Water District endorsing and declaring its support of the City of Cypress Storm Drain General Obligation Bond Election scheduled for April 9, 1968. It was moved by Councilman McCarney, seconded by Councilman Kanel and unanimously carried, this cormnnunication be received and filed. COMMUNICATION FROM CITY OF HUNTINGTON BEACH RE: RESOLUTION REQUESTING REORGANIZATION OF ORANGE COUNTY HARBOR DISTRICT: The City Manager presented a communication dated February 28, 1968, from Mayor Donald D. Shipley transmitting a copy of a resolution from the City of Huntington Beach requesting a reorganization of the Orange County Harbor District, authorizing its representatives to the Orange County League of Cities to vote in favor of said reorganization. The communication requested all cities in Orange County to adopt a similar resolution prior to the Orange County League of Cities meeting scheduled for March 14, 1968. The City Manager and Mayor indicated that they had attended a meeting hosted by the City of Huntington Beach concerning~ the reorganization of the Orange County Harbor District during which the problems encountered by the City of Huntington Beach as a member of the Orange County Harbor District were dis cussed. Following general dis cussion regarding the problems of the Harbor District, it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to continue this matter until after the Public Hearing. PUBLIC HEARING RE: APPEAL OF PLANNING COMMISSION DECISION ON CONDITIONAL USE PERMIT NO. C-211 (HYATT DIE CASTING PLANT): The Mayor announced this was the time and place for a Public Hearing to consider an appeal of the decision of the Cypress Planning Commission in approving Condi- tional Use Permit No. C-211 to allow the establishment of die casting manufacturing in an M-1 (Light Manufacturing) Zone on property generally located at 4656 Lincoln Avenue, Cypress, requested by Hyatt Die Cast, 240 California Street, E1 Segundo, for Union Bank, 445 So. Figueroa, Los Angeles, (property owner) said appeal having been filed by Mr. Richard Boe, et al, 4631 Newman Avenue, Cypress, Califronia. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated March 7, 1968, indicating that the affidavits of publishing, mailing and posting of the Public Hearing notices on this matter are on file in the office of the City Clerk and stated that a communication concerning this matter had been received from Mr. William Schaper, 9173 Ethel Street, Cypress, California. The City Manager further advised that he had visited the Hyatt Die Cast Plant in E1 Segundo and on the basis of this inspection would concur in the findings of the investigation conducted by the Planning Director and City Engineer as outlined in the report from the Planning Director. The City Manager further stated that, upon a complete review of th~ record of the action taken by the Planning Commission in approving Conditional Use Permit No. C-211 with the conditions as outlined in the Planning Director's report, the City Manager and Staff concur in the findings of the Planning Commission. The Planning Director then read into the record of the Public Hearing a report dated March 6, 1968, reviewing the findings of himself and the Public Works Director upon an investigation of the Hyatt Die Casting operation in the E1 Segundo Plant. The report also reviewed the conditions imposed by the Cypress Planning Commission in Planning Commission Resolution of approval of Conditional Use Permit No. C-211 and indicated that Mr. Hyatt's acceptance of these conditions is on file in the office of the Planning Department. March 11, 1968 Upon the request of the Countil, the City Manager then read into the record of the Public Hearing the petition dated February 13, 1968, signed by 73 families appealing the decision of the Planning Commission in this matter. City Attorney James Erickson then advised the City Council as to its scope of authority in its deliberations on the appeal of the subject Conditional Use Permit, with specific reference being made to Section 115.3 of Appendix I of the Cypress City Code which permits a die casting operation in an M-1 zone subject only to the issuance of a Conditional Use Permit. Councilman McCarney then advised that he visited the Hyatt Die Casting Plant in E1 Segundo at which time he was shown all phases of the die cast operation. Councilman Bowen then stated that he had artended the original Public Hearing on this matter which was held at the Planning Commission meeting. In response to a question from Councilman Kanel, the City Attorney advised that if the City Council determines that, by the imposition of conditions, it still cannot accomplish the objectives upon which the issuance of a Conditional Use Permit legally is predicated, it may deny a Permit. In response to a further question from Councilman Kanel, the City Manager and Planning Director indicated that without referring to the official records, they could not recall whether or not the City Council had denied any Conditional Use Permits in the past. In answer to an inquiry from Councilman Kanel, the City Attorney advised that the scope of power of the Council when acting on Conditional Use Permits is considerably more limited than when acting on other matters, such as variances and zone changes. In a Conditional Use Permit, it is assumed that the use which is the subject of the Permit is specifically permitted in the zone; a~d the purpose of the Conditional Use Permit is only to allow the Council the prerogative of establishing any conditions that it feels are necessary to make this use comport to the objectives of a zone. If there are conditions which can be added which will enable the proposed use to satisfy these criteria, then there is authority in the law that the Council must grant the Conditional Use Permit. The Mayor asked if anyone in the audience wished to speak in favor of granting the appeal. Mr. Richard Boe, 4631 Newman Avenue, Cypress, addressed the Council as representative of those persons who signed the petition appealing the action of the Planning Cormnission, reviewing the major factors which resulted in protesting the location of Hyatt Die Casting establishment at 4656 Lincoln Avenue, Cypress. These factors included noise, around- the-clock work shifts, and fire hazards. Mr. Michael A. Furfaro, 4601 Newman Avenue, Cypress, addressed the Council as an employee of another large die casting corporation in the State of California, generally explaining the operation of his plant. He further indicated that the noise factor would warrant special consideration by the Council. Although the noise created by the die cast operation would not be too noticeable during the day, in the early morning hours when there are fewer traffic sounds, the noise could be more prominent. In response to a question from the City Attorney, Mr. Furfaro stated that he had not taken any decibal ratings to determine the intensity of sound within the die casting plant. Upon the request of the City Council, the Planning Director made reference to Section 125.193 of the Cypress City Code concerning the measurement of sound. March 11, 1968 Mr. Richard Boe, 4631 Newman Avenue, Cypress, again addressed the Council with reference to the noise factor indicating that he had visited a local die casting plant in Buena Park and feels that there is no prac- tical way to overcome all the noises which would generate from a manufacturing operation. He further indicated that with around-the-clock shifts, noise would be created through employees changing shifts. He further indicated that Hyatt Die Cast may lease a portion of their property to an allied inductry. Mr. Boe further reviewed several other factors such as the use of flood lights which would serve as an annoyance to the residential properties abutting this use. In addition, he feels that the appropriate place for such an establishment as the Hyatt Die Casting Plant is in an industrial park where it would be surrounded by more compatible uses. He further suggested that the Council consider changing the zone of the property on which the Hyatt Die Cast operation would be located and place an amortization period on the use. Mr. William Schaper, 9173 Ethel Street, Cypress, addressed the Council revewing some information he had obtained from other cities as to the areas in which die casting operations are permitted, and requested information as to what controls the City has in the event the appli- cant does not comply with the conditions imposed on the approval of the Conditional Use Permit. Upon the request of the Council, the City Manager read into the record of the Public Hearing a con~nunication dated February 8, 1968, from Mr. William Schaper, 9173 Ethel Street, Cypress, concerning this matter. In answer to Mr. Schaper's previous question, the City Attorney advised that in the event the applicant fails to comply with the conditions imposed by the City Council, the Council is required to revoke the Conditional Use Permit. He further reviewed the methods which dould be employed after revocation to eliminate the use. Mr. Bob Crippen, 9351 Alderbury Street, Cypress, addressed the Council as an appraiser with the County of Orange indicating that he has had to reappraise land in an adjacent City due to noise generated from freeway traffic. He further indicated that it is his observation that due to the increased noise factor, the property does not seem to sell as well. Mr. Leonard Colacion, 9348 Danbury Street, Cypress, addressed the Council inquiring as to the advantages of the die casting plant locating at the proposed address. The City Manager advised that the question to be considered by the City Council at this hearing should be limited to determining whether the use outlined can be placed in the zone which currently exists on the subject property. Councilman Kanel indicated that he felt it was the Council's responsibility to also consider how this use would benefit the entire community. The City Manager indi cared that it was difficult to determine the revenue to be derived from property taxes due to the lack of information regarding the assessed value of the proeprty and further that the City could anticipate receiving some sales tax revenues from the operation. The City Manager also indicated that it could be assumed that the cost of municipal services required by the plant operation would be less than that normally required by residential development. Mr. Colacion again addressed the Council as to the possibility of placing a buffer zone between the manufacturing use and the single-family resi- dences. Mr. John Wood, 11621 Holt, addressed the Council rejative to whether or not the proposed use would generate any sales tax returns. The Mayor asked if anyone in the audience wished to speak in opposition to the appeal. March 11, 1968 Mr. A1 Hyatt, 251 Orange Acres, Anaheim, addressed the Council as president of Hyatt Die Casting Company indicating that he is in agreement with the conditions imposed by Conditional Use Permit No. C-211 and wants to cooperate in assuring that this use will not be objectionable to the adjacent properties. He further indicated that he had suggested certain conditions which were imposed, such as the placemant of trees, which he feels will supply an adequate buffer between the residential and manufacturing use. He further indicated that the State in~oses rules and regulations concerning noise factors and they will be required to abide by the regulations of Orange County in regard to air pollution. In response to a question from Mayor Harvey, Mr. Hyatt indicated that his operation does not use smelting and it does consist of resale of certain tools which are subject to sales tax. He further indicated that plans for the layout of the parking area could be formulated so as to provide parking spaces toward the front of the establishment, thereby lessening the chance of disturbing residents during the change of shifts. General discussion then ensued as the Council members questioned Mr. Hyatt concerning the various objectionable factors such as noise and smoke, and the methods which could be employed by Mr. Hyatt to control these problems. Included in these discussions was the possibility of constructing an effective buffer zone between the manufacturing and residential uses utilizing trees and fences. Councilman Kanel then indicated to Mr. Hyatt that at this time he would be opposed to locating a manufacturing establishment at the proposed location since he feels it would not be compatible with the surrounding uses. He indicated that such use would be better located in an industrial park. In rebuttal, Mr. Richard Boe, 4631 Newman Avenue, addressed the Council stating that he feels the main issue should be whether or not such a manufacturing use is compatible with the surroUnding uses. Mr. Harry A. Sturz, 4681 Newman Avenue, Cypress, addressed the Council requesting that some measures be taken to control the noise which may be created during the changing of shifts. Following general discussion about the procedures followed in processing Conditional Use Permits, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel to approve the appeal of the Planning Commission's decision in approving Conditional Use Permit No. C-211. The motion died for lack of a second. it was moved by Councilman McCarney and seconded by Councilman Bowen to approve Conditional Use Permit No. C-211, subject to the following conditions: The following conditions shall be constructed within eighteen months after occupancy of the facility: A six f~ot (6') high concrete block wall shall be constructed along the west property line adjacent to that area zoned for residential purposes, sub- ject to staff approval. An area ten feet from the exterior east, south, and west property lines of the property, adjacent to any residentially zoned property shall be landscaped and permanently maintained with fifteen (15) gallon trees. C. The driveways shall be resurfaced. March 11, 1968 The following conditions shall be complied with upon occupancy of the facility: A. Sidewalks and street furniture in front of the property shall be constructed. Drainage easement across the rear of the subject property running from west to east to the existing 2-A Channel located easterly of the subject property shall be provided by the owner of the property. C. All drainage fees shall be paid. All lights shall be directed onto the property and shall not bleed onto the adjoining residential property. No outside production activity, buzzer, or loud speaker shall be allowed between the hours of 10:00 p.m. and 7:00 a.m. for six (6) days per week. F. No outside production shall be allowed on Sunday. G. No sand casting or smelting shall be allowed. All outside storage and yard areas shall be kept in an orderly manner, with no stacks of material over six feet (6') in height. I. Noise buffers shall be constructed if needed. J. Three-sided slag bins shall be provided, as approved by the City staff. In response to a question from Councilman Noe, the City Attorney advised that if the Conditional Use Permit under consideration was denied, the applicant could submit a revised plan for use of the property. Following further discussion, Councilman McCarney's motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, McCarney, Noe, and Harvey Kanel None It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to recess at 10:10 p.m. The meeting was called back to order at 10:17 p.m., all City Councilmen being present. PUBLIC HEARING RE: ABATEMENT OF NUISANCE AT 6752 JONATHAN AVENUE: The Mayor announced this was the time and place for the Public Hearing to consider the abatement of the existence of several inoperable vehicles upon a parcel of land located at 6752 Jonathan Avenue, Cypress. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated March 7, 1968, indicating that the affidavits of posting of Resolution No. 848 are on file in the office of the City Clerk. He further indicated that, although a certified letter transmitting a copy of Resolution No. 848 was mailed to Mr. Schmidt, the post office has advised that Mr. Schmidt has not claimed the letter. Since this is the first Public Hearing to be held under the provisions of Ordinance No. 351, the Clty Attorney reviewed the responsibility of the Council prior to and following the Public Hearing. March 11, 1968 The Planning Director then read into the record of the Public Hearing a report dated March 7, 1968, reviewing previous action taken by the City Staff in its attempts to have the subject nuisance abated and indicating that an investigation conducted on March 4, 1968, revealed that there is a minimum of four inoperable automobiles and a camper upon the subject property. The Planning Director then presented photographs of the existing nuisance. The Mayor asked if anyone in the audience wished to speak in favor of abating this nuisance. Mrs. Freder~zk Neubauer, 6812 Jonathan Avenue, Cypress, addressed the Council indicating the existence of these automobiles on the subject property detracted from the surrounding properties. Mr. Ernest Holden, 10711 Ritter Street, Cypress, stated that the existence of these inoperable vehicles devaluates the adjoining pro- perires and such a use on this property is not in conformance with the use permitted in the particular zone. He further indicated that the vehicles have in the past been parked in the street; however, Mr. Schmidt would move them each day in order to avoid receiving a citation from the Police Department for violating the abandoned vehicles ordinance. Mr. Holden further stated that Mr. Schmidt has recently relocated the vehicles into his back yard. In response to a question from Councilman advised that the location of the vehicles affect the determination as to whether or the property constituted a nuisance. Bowen, the City Attorney on the property would not not their existence on Mr. Tom Odom, 10702 Ritter Street, Cypress, addressed the Council speaking in favor of having this nuisance abated. Mr. Whitesall, 6811 Jonathan Avenue, Cypress, addressed the Council inquiring as to what measures would be taken to prevent the re- currence of this nuisance upon abatement by the City. The Mayor asked if anyone in the audience wished to speak in opposition to the removal ~ the subject nuisance. There being no written communications and no oral comments and having made a determination that Mr. Schmidt was not in the audience, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 851 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THE PREMISES LOCATED AT 6752 JONATHAN AVENUE, CYPRESS, CALIFORNIA, TO BE A NUISANCE AND ORDERING THE ABATEMENT THEREOF. Following general discussion regarding the method to be used in abating this nuisance, Councilman Bowen's motion was then 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 HRARING RE: ADOPTION OF SPECIFIC PLAN FOR PRECISE ALIGNMENT OF HOLDER STREET: The Mayor announced this was the time and place for the Public Hearing to consider a Specific ~lan for the precise alignment of Holder Street from its terminus southerly of Cerritos Avenue to the Garden Grove city limits, initiated by the Secretary of the Planning Commission. The Mayor declared the Public Hearing open and requested the Staff to present its reports. March 11, 1968 293 The City Manager advised that the affidavits of posting and publishing the Notice of Public Hearing on this matter are on file in the office of the City Clerk and no written communications have been received in connection with this proposed alignment. The City Manager then presented a report dated March 5, 1968, indicating that the purpose of the precise alignment is to insure that public utilities installed in Holder Street will be properly located within the ultimate street right of way through the industrial area thus eliminating the possibility of relocating the utility lines in the future. The report further indicated that the Planning Commission in its consideration of the proposed alignment determined that it was in accordance with the Master Plan of Streets and Highways and recommended adoption of the precise alignment of Holder Street from its existing southerly terminus to the Garden Grove city limits. The Public Works Director then presented a map showing the extent of the proposed alignment. There being no written communications or oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the following Resolution, title as follows: RESOLUTION NO. 852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A SPECIFIC PLAN FOR THE PRECISE ALIGNMENT OF HOLDER STREET FROM THE SOUTHERLY TERMINUS OF EXISTING HOLDER STREET TO THE GARDEN GROVE CITY LIMITS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Nee, and Harvey None None Upon being advised by the City Manager of the necessity of a woman to receive medical aid at the Council meeting, it was moved by Mayor Harvey, seconded by Councilman Nee and unanimously carried to request the City Manager to direct a communication to the party receiving medical aid expressing the Council's concern over her condition. CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM CITY OF HUNTINGTON BEACH RE: RESOLUTION REQUESTING REORGANIZATION OF ORANGE COUNTY HAREOR DISTRICT: Discussion resumed in connection with the request from the City of Huntington Beach to all cities in Orange County to adopt a resolution requesting a reorganization of the Orange County Harbor District prior to the Orange County League of Cities meeting scheduled for March 14, 1968. General discussion ensued as to the advantages and disadvantages of reorganizing the Orange County Harbor District under a department responsible through the County Administrative Officer to the Orange County Board of Supervisors. It was moved by Councilman Nee to concur in the recommendation of the League of California Cities concerning the reorganization of the Orange County Harbor District; however, following further discussion, which indicated that the City Council was not in agreement with all the contents of the Huntington Beach resolution, which supported the League study, Councilman Nee withdrew the motion and moved to receive and file the communication. The motion died for lack of a second. March 11, 1968 General discussion again ensued as to what aspects of the League Report on the Orange County Harbor District the Council would wish to endorse, following which, it was moved by Councilman McCarney and seconded by Councilman Kanel to endorse in principle the report of the League of California Cities on the reorganization of the Orange County Harbor District, with reservations, pending a further analysis of the pro- blems relating to the Orange County Harbor District. 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 CONSIDERATION OF VACATING PORTIONS OF ALLEY BETWEEN BLOOMFIELD STREET AND PASEO DE ORO IN TRACT NO. 6210: The City Manager presented a report dated March 6, 1968, advising of the need to vacate portions of the alley between Bloomfield Street and Paseo de Oro extending northerly from Via Engresso in Tract No. 6210 since these portions of the alley will not be necessary for present or prospective alley purposes. The report further indicated that the Planning Commission found the proposed vacation to be in conformance with Revision #3 to Tentative Tract Map No. 5374 and recommended that the Council approve the vacation. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 853 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF THE ALLEY BETWEEN BLOOMFIELD STREET AND PASEO DE ORO EXTENDING NORTHERLY FROM VIA ENGRESSO IN TRACT NO. 6210 AND ELECTING TO PROCEED UNDER THE STREET VACATION ACT OF 1941. Upon the request of Councilman Kanel, the Public Works Director reviewed the extent of the proposed vacation. Councilman Bowen;s motion was then 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 PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF 2-A MASTER PLAN STORM DRAIN BETWEEN WALKER AND GRINDLAY STREETS: The City Manager presented a report dated March 7, 1968, indicating that the plans and specifications for the construction of the portion of the 2-A Master Plan Storm Drain between Walker Street and Grindlay Street have been completed and the developer has agreed to advance funds for the construction of the storm drain with reimbursement at a later date. The report also indicated that the ~ght of way for the portion of the storm drain lying within the boundaries of Tract No. 6222 was dedicated on the Tract Map and condemnation proceedings have been initiated to acquire the balance of the right of way. The Staff will continue to attempt to reach an agreement with the property owners on terms for a Stipulated Judgment in order to be able to dismiss the Condenmation Action and further meetings will be held with the pro- pe rty owners to attempt to reach an agreement to insure that any addi- tional items can be included in the contract prior to the date established for receipt of the bids. The specifications contain two alternates with the cost of Alternate "A" for cast-in-place pipe being $70,201 and the estimated cost for Alternate "B" for reinforced concrete pipe being $87,866. Additional items, such as removal and rebuilding of fences, placement of gravel driveway, replacement of trees and landscaping and offsite board of horses should not exceed $2,500. March 11, 1968 298 It was moved by Councilman Kanel and seconded by Councilman Noe to approve the plans and specifications for the portion of the 2-A Master Plan Storm Drain from Walker Street to Grindlay Street and authorize the City Clerk to advertise for proposals with bids to be received in the office of the City Clerk at 10:00 a.m. on Monday, April 15, 1968. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, Noe, and Harvey McCarney None CONSIDERATION OF REQUEST TO INSTALL AUTOMATIC TELETYPE SYSTEM FOR CYPRESS POLICE DEPARTMENT: The City Manager presented a report dated March 7, 1968, reviewing the plans which are currently underway for up- dating the Orange County automatic teletype cormnunications system which all police departments in Orange County utilize as part of the law enforcement system of the County. The proposed system would require a monthly charge for teletype service of $125.50, as compared to the current teletype system cost of $75.50. In addition the City would also be required to expend $154 as the one-time installation charge for the new equipment. The County would pay all costs incurred in the switching of equipment, as well as the cost of connecting the private lines to the individual police departments. In response to a question from Councilman Bowen, the Police Chief ex- plained the operation of the proposed teletype system, which has been approved by the Police Chiefs' Association as well as the majority of Orange County cities. The Chief further indicated that Orange County is requesting concurrence from all the cities in Orange County at this time even though the charges and new rate schedules would not be put into effect until the 1968-69 fiscal year. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the City Manager to confirm the City's acceptance of this new teletype system with the understanding that the new rates would not be effective until some time after July, 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 CONSIDERATION OF EXTENSION OF CIVIC CENTER LEASE WITH CYPRESS PARK AND RECREATION DISTRICT: The City Manager presented a report dated March 7, 1968, indicating that the Orange County Board of Supervisors has approved an amendment to the sublease between the City and the Cypress Park and Recreation District extending the term of the sublease for use of the Civic Center facilities by the District for a period ending January 31, 1969. The sublease provides the same terms and conditions as the original sublease, with the exception of incorporating a clause allowing the tenant to hold over after the term of the lease on a month-to-month basis. It was moved by Councilman Kanel and seconded by Councilman Noe to ratify the subSease with the Cypress Park and Recreation District for a period ending January 31, 1969. 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 CONSIDERATION OF EXTENSION OF CIVIC CENTER LEASE WITH CYPRESS CHAMBER OF COMMERCE: The City Manager presented a report dated March 7, 1968, indicating that the existing lease between the City and the Cypress Chamber of Commerce for use of a part of the Civic Center facilities has expired and that inasmuch as the City has no plans for use of the area now occupied by the Chamber of Cormnerce, it would appear appro- priate to extend the lease for a one-year period under the same terms and conditions of the original lease. March 11, 1968 It was moved by Councilman Noe and seconded by Councilman Kanel to authorize the City Attorney to prepare an extension of the lease between the City of Cypress and the Cypress Chamber of Cormnerce for a portion of the Civic Center facilities for a one-year period and further to authorize the Mayor to sign and the City Clerk to attest to said extension. 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 CERTIFICATION OF EMPLOYMENT LIST--MAINTENANCE MAN I: The City Manager presented a report dated March 7, 1968, reviewing the results of an examination conducted for the position of Maintenance Man I. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to certify the employment list for Maintenance Man I as sub- mitted. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 18512 THROUGH 18622: It was moved by Councilman McCarney and seconded by Councilman Kanel to approve the Commercial Warrant List for Warrants No. 18512 through 18622 in the amount of $82,454.24. 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: UNDERGROUND UTILITY DISTRICTS: It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. 370 AN ORDINANCE OF THE CITY OF CYPRESS ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS. It was moved by Councilman Noe and seconded by Councilman Bowen to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None ORAL COMMUNICATIONS: The City Manager introduced Raymond Coakley, the newly appointed Civil Engineer Associate and Gary Kariker, Administrative Intern. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to adjourn the meeting at 11~20 p.m. ATTEST: MAYOR OF THE CITY OF CYPRESS cxrY r~f~ ~F T~ d~TY OF CYPRESS March 11, 1968