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Minutes 68-05-13MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 13, 1968 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, May 13, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, Mayor Richard L. Bowen presiding. PRESENT: ABSENT: Councilmen Harvey, Kanode, Noe, and Bowen Councilman Kanel Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Leonard Hampel, and Administrative Assistant Gene Poertner. MINUTES: It was moved by Councilman Noe, seconded by Councilman Kanode, and unanimously carried to approve the minutes of the adjourned regular meeting held April 16, 1968, as mailed. It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to approve the minutes of the regular meeting of April 22, 1968. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place considera- tion of a recommendation from the Traffic Committee regarding "No Parking" areas as Item No. 18 a. on the evening portion of the City Council Agenda. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place considera- tion of confirmation of the Planning Commission's appointment of Commissioner Henry Hickey as alternate to the Cypress Park and Recreation Advisory Board on the agenda for consideration at this time. It was moved by Councilman Noe, seconded by Councilman Kanode to accept the recommendation of the Cypress Planning Commission and confirm the appointment of Planning Commissioner Henry Hickey to the Cypress Park and Recreation Advisory Board. The City Manager advised that the Woman's Club of Cypress recently had been presented a State-wide achievement award for their beautification activities. Certificates have been prepared for each of the organizations participating in the beautification activities and the Woman's Club has requested that these certificates be presented at the City Council meeting of May 27, 1968. The City Manager indicated that the Cypress Twirlers Square Dancers have requested the use of the plaza area beneath the Council Chambers on the first and third Saturdays of June, August, and September. Following discussion, the Council had no objection to this request. The City Manager reviewed outstanding bills which were due the City and indicated that if the Council had no objections, the City would pursue the collection of these bills through small claims court. The City Council voice no objection to this procedure. The City Manager advised that the City had received a check for the final settlement of the Ball Properties Claim in the amount of $20,875. The Assistant City Attorney advised that a filing will be made to recover $550 in court costs. The City Manager reported that the State Highway Commission was requesting all affected cities to express opinions as to whether or not the selection of the route for the southerly portion of the proposed Huntington Beach Freeway would prejudice the selection of the next section of the Freeway alignment. The City Manager indicated that this could be an attempt to delay a decision in selecting an alignment for this first portion of the Freeway, and suggested that the City not only express its opposition to the Orange alignment but further request early consideration of a route alignment regardless of the Commission's decision in this matter. May 13, 1968 The City Council concurred and requested the City Manager to advise the State Highway Commission of the City's position in this matter. The City Manager advised that the Cypress Chamber of Commerce had requested the joint meeting between the Chamber Board of Directors and the City Council be delayed until the afternoon session of the City Council meeting of May 27, 1968. Following general discussion concerning items contained in the Progress Report and the status of the Bill currently before the Legislature on non-profit corporations, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to recess at 4:31 p.m. until 7:30 p.m. that evening. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilmen Harvey, Kanel, Kanode, Noe, and Bowen ABSENT: None Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Leonard Hampel, Administrative Assistant Gene Poertner, Public Works Director Art Schatzeder, Police Chief George Savord, Finance Director Jim Grissom, and Planning Director George Putnam. ORAL COMMUNICATIONS: There were no oral communications presented at this time. RESOLUTION OF COMMENDATION FOR FORMER COUNCILMAN MARTIN G. MC CARNEY: The City Manager stated that former Councilman McCarney was unable to attend the Council meeting; however, he would attend the meeting of May 27, 1968. It was moved by Councilman Noe and seconded by Councilman Kanel to adopt the following Resolution, title as follows: RESOLUTION NO. 868 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR. MARTIN G. MC CARNEY FOR HIS SERVICE TO THE COMMUNITY. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to continue presentation of the Resolution and Community Service Plaque until the meeting of May 27, 1968. COMMENDATION OF COUNCILMAN ROBERT C. HARVEY FOR SERVICES AS MAYOR: Mayor Bowen presented Councilman Robert C. Harvey a gavel mounted on a plaque in recognition of his services as Mayor of the City of Cypress from April of 1967 to April of 1968, and expressed the Council's appreciation for his services. Councilman Harvey accepted the plaque and expressed his pleasure in serving the citizens of Cypress as their Mayor. Since Item No. 3 was a Public Hearing scheduled for 8:00 p.m., it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to proceed to Item No. 6 and continue until 8:00 p.m. May 13, 1968 COMMUNICATION FROM LIEUTENANT GOVERNOR FINCH RE: CALIFORNIA BICENTENNIAI. CELEBRATION: The City Manager reviewed a conm~unication dated April 22, 1968, from Lieutenant Governor Robert H. Finch requesting notification of the City's plans to participate in the California Bicentennial Celebration scheduled for 1969-70 in celebration of the 200th anniversary of the founding of the State of California. The City Manager indicated that it seemed appropriate for the City to contact all community organizations as to their plans for participating in this event, which plans could then be transmitted to the State Corfanission along with the City's plans. Councilman Harvey indicated that he would wish the City to take the lead in this event through developing the main theme which could be followed by the other participating organizations. Following discussion, it was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried to authorize the City Manager to proceed to contact the community organizations regarding the Bicentennial Celebration scheduled for 1969-70, with the City to establish a theme which will be utilized by all participating organizations in developing their programs, and with the City to forward these plans to the California Bicentennial Ce~bration Commission. COMMUNICATION FROM CALIFORNIA HIGHWAY COMMISSION RE: HUNTINGTON BEACH FREEWAY: The City Manager reviewed a communication dated April 25, 1968, from Samual B. Nelson, Director of Public Works and Administrative Officer of the California Highway Commission requesting the City Council to express its views in reference to the adoption of the southerly portion of the proposed Huntington Beach Freeway. The City Manager advised that the City Council has taken previous action in reference to this matter in authorizing the Staff to notify the State Highway Commission of the City's position in this matter. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, this communication be received and filed. COMMUNICATION FROM CITY OF NEWPORT BEACH RE: SENATE BILL 425 (PREEMPTION): The City Manager presented a communication dated April 26, 1968, from the City Clerk of the City of Newport Beach transmitting a copy of a Resolution to the Newport Beach City Council expressing support for Senate Bill 425 concerning preemption. The City Manager indicated to State legislative items withheld until this report that a report was being prepared in reference and recommeaded that action on this matter be is completed. It was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously carried, this communication be received and filed. COMMUNICATION FROM UNITED STATES DEPARTMENT OF COMMERCE RE: PROCLAMATION OF'NATIONAL MARITIME DAY": The City Manager reviewed a communication dated April B, 1968, from Mr. J. W. Zulick, Acting Maritime Administrator for the United States Department of Commerce, requesting the City to cooperate with the local postmaster in publicizing the activities of the American Merchant Marine; and further requesting the Mayor and City Council to proclaim Wednesday, May 22, 1968, as "National Maritime Day" in the City of Cypress. It was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously carried to authorize the Staff to cooperate with the postmaster in any activities relating to National Maritime ceremonies; and to authorize the Mayor to proclaim Wednesday, May 22, 1968, as "National Maritime Day" in the City of Cypress, following which Mayor Bowen did so proclaim. COMMUNICATION FROM PUBLIC UTILITIES COMMISSION RE: ALLOCATION FOR RAILROAD CROSSING DEVICE AT VALLEY VIEW SOUTH OF CERRITOS: The City Manager reviewed a communication dated April 26, 1968, from William W. Dunlop, Secretary of the Public Utilities Commission transmitting a certified copy of the Resolution of the Commission allocating the City of Cypress an amount of $2,702.50 as the Commission's share of the Railroad Crossing Protection May 13, 1968 350 device recently constructed at the Valley View Crossing south of Cerritos as a part of the Valley View Improvement Project. This amount represents one-half of the City's share f this improvement cost. it was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried, this communication be received and filed. COMMUNICATION FROM NATIONAL MULTIPLE SCLEROSIS SOCIETY RE: PROCLAMATION OF 'CONqUER MULTIPLE SCLEROSIS MONTH":The City Manager presented a cormnunication dated May 2, 1968, from Irving F. Watcher, Chairman of the Orange County Council of the Southern California Chapter of the National Multiple Sclerosis Society, requesting the Mayor and City Council to proclaim May 12, 1968, through June 16, 1968, as "Conquer Multiple Sclerosis Month" in the City of Cypress. It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to authorize the Mayor to proclaim May 12, 1968, through June 16, 1968, as "Conquer Multiple Sclerosis Month" in the City of Cypress, following which Mayor Bowen did so proclaim. CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RE: ASSEMBLY BILL 1166: The City Manager presented a report dated May 9, 1968, transmitting copies of Assembly Bill 1166, support of which had been requested in a communication dated March 29, 1968, from Daniel D. Mikesell, Vice President of the Southern California Association of Governments and Chairman of the Committee on Aviation and Airports. The Council had continued consideration of this communication at its regular meetings of April 8, 1968, and April 22, 1968. The City Manager indicated that the subject Assembly Bill would appropriate State funds to help finance the Southern California Regional Airport System Study and Plan, thereby lowering the cost of the Study to the local agencies. The City Manager also advised that this measure has been endorsed by the Orange County Board of Supervisors. Following discussion, it was moved by Councilman Noe and seconded by Councilman Kanel to support Assembly Bill 1166, which authorizes an appropriation for the Southern California Association of Governments to undertake a Regional Airport System Study; and to request the City Manager to advise the local legislators of this action. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF FINAL TRACT MAP NO. 6219 (PINE HOMES~ INC.): The City Manager presented Final Tract Map No. 6219 located north of Newman Avenue south of Lincoln Avenue and on the east side of Denni Street, containing 91 R-1 lots, and 18.303 acres, as requested by Pine Homes, Inc., 9300 Wilsh~e Boulevard, Beverly Hills, California. The Public Works Director presented a report dated May 8, 1968, reviewing the subject map and recommending approval subject to the developer's compliance with certain conditions. The Public Works Director further advised that there are some landscape easements to be included on the Final Map and suggested that this requirement be added to condition No. 1. Following discussions, it was moved by Councilman Harvey and seconded by Councilman Kanode to approve the Final Map for Tract No. 6219, accept the bonds and agreements for public improvements in the amount of $204,500, which is not less than 50% and not more than 100% of the total improvement; authorize the Mayor and City Clerk to sign the bonds and agreements and authorize the City Clerk to sign the record map upon completion of the following requirements: May 13, 1968 351 1. Completion of minor corrections on street improvement plans and final tract map. 2. Division of Land map #18 to be recorded and returned to City and the drainage fees on Parcel 1 to be paid. 3. No final inspections shall be made on any dwelling units until either the storm drain is completed, or a temporary drainage solution satisfactory to the City Engineer is submitted and approved. 4. Agreement signed and approved between the Developer and the City Manager ~r the amount and disbursement of the 2% optional design funds. 5. Approval of bonds and agreements by the City Attorney. 6. Agreement to the above conditions by the Developer. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 5903 (T. & C. HOMES): The City Manager presented a report dated May 8, 1968, from the Public Works Director indicating that the public improvements in Tract No. 5903, which is located midway between Orange Avenue on the north and Ball Road on the south along the east side of Grindlay Street, consisting of 3.029 acres, 14 R-1 lots, as requested by T. & C. Homes, 12342 Adelle Street, Garden Grove, California, have been completed in accordance with approved plans and specifications with the exception of application of the seal cost. In response to a question from Mayor Bowen, the Public Works Director advised that the seal coat is not applied until thirty days after the completion of the streets to allow the surface of the streets to harden. It was moved by Councilman Harvey and seconded by Councilman Kanel to accept the public improvements in Tract No. 5903 as being satisfactorily completed in accordance with the plans and specifications; and authorize the City Clerk to release the Faithful Performance, Labor and Materials and Monument bonds upon expiration of the required lien period, providing no mechanics liens have been filed; and subject to completion of the following condition: 1. Seal coat to be applied to Rome Street and Canterbury Drive. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF PREVENTATIVE MAINTENANCE OF STREETS AND AWARD OF CONTRACT FOR APPLICATION OF GILSABIND: The City Manager presented a report dated May 7, 1968, reviewing the preventative maintenance program which was initiated during the 1963-64 fiscal year and has been followed through the succeeding fiscal years, consisting of the application of Gilsabind as a seal against water penetration into the streets. The report further in- dicated that the area south of the Carbon Creek Channel between Denni and Bloomfield and the Glenpark area remain to be treated with Gilsabind during the 1967-68 fiscal year, the cost of which will be $5,320.83. Since there is only $4,500.00 remaining in the 1967-68 Contractual Services Account, this will necessitate a transfer of $800.00 from the Salary Account in Street Maintenance to the Contractual Services Account. In response to a question from Councilman Harvey, the City Manager advised that this program is based on a six-year cycle. May 13, 1968 The Mayor declared a one-minute recess at 7:59 p.m. and indicated that this matter will be continued until after the Public Hearings. The meeting was called back to order at 8:00 p.m., all City Councilmen being present. PUBLIC HEARING RE: 1968 WEED ABATEMENT PROGRAM: The Mayor announced this was the time and place for the Public Hearing to hear property owners having any objections to the proposed removal of weeds and such rubbish, re£use and dirt upon and in front of certain private property within the City of Cypress, more particularly described in Resolution No. 858. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated May 9, 1968, indicating that the affidavits of publication and posting of the Public Hearing notices are on file in the office of the City Clerk. He further read into the record a communication dated April 29, 1968, from Ira L. Pomeroy, M. D., 5651 Lincoln Avenue, Cypres~ requesting the City to exercise control over fees charged by the weed abatement contractor and further indicating that he intends to proceed with clearing his lots which have been posted. The Public Works Director presented a report dated May 8, 1968, trans- mitting a Resolution on which properties listed for weed abatement are noted. The report also indicated that these properties have been posted and a post card has been sent by certified mail to each property owner notifying him of the weed abatement and/or rubbish removal work required. The Public Works Director advised that several calls have been received from individual property owners stating that they will clean their own weeds to avoid placement of an assessment on the property as well as from persons advising that they have sold their property and no longer have any interest in same. The Mayor asked if anyone in the audience wished to speak in opposition to the weed abatement program. Mr. Paul Smith, 10681 Ritter Street, Cypress, addressed the Council inquiring as to the reason he was sent a notice to clean weeds from his property. The Public Works Director then reviewed the procedures followed in listing and posting properties for the weed abatement program. He advised that since there is a lapse of time between listing and posting operations, it could be feasible that property listed by the contractor for cleaning would not necessitate cleaning at the time these operations commence. In answer to a question from Mr. Smith, the Public Works Director advised that the weed abatement program does not include removal of wrecked or disabled vehicles, only weeds, debris, and rubbish. Following discussion, it was agreed that the Public Works Director and Inspector would meet with Mr. Smith to determine whether or not there is weed abatement work required on his property. Mr. William Schaper, 9173 Ethel Street, Cypress, addressed the Council requesting information as to the controls exercised by the City over the weed abatement contractor, to avoid unfair assessments on property. The Public Works Director advised that the Public Works Inspector inspects each parcel before it is cleared of the weeds and photographs are taken before and after the weed abatement work is accomplished. Mrs. Gouyd, 9241 Walker Street, Cypress, addressed the Council inquiring as to why she had received a notice to clear weeds from her property. She advised that the only weeds existing on her property are on that portion owned by the City and along the fence which exists on the property. She further inquired as to whether or not a wood pile which is located on her property would be considered a nuisance. May 13, 1968 .153 In answer to her inquiries, the City Manager and Public Works Director advised that the weeds which exist along the right of way will be removed at the cost of the City and that the Public Works Inspector would meet with Mrs. Gouyd prior to any work being performed on her property to advise her as to whether or not a nuisance does exist on her property. Mr. Frank Higgins, representing D. & E. Corporation and Peaceful Building Company addressed the Council requesting an extension of time in clearing weeds from properties located at the northwest corner of Valley View Street and Orange Avenue and on a fifteen foot strip of land on Walker Street north of Orange Avenue. Larwin Company is utilizing the property at the northwest corner of Valley View and Orange for storage of materials and has agreed to compensate D. & E. Corporation through clearing the weeds from both of these lots. He indicated that Larwin Company would be removing their materials by June 1, 1968, and the properties would be cleaned at that time. Mr. Gordon Frye, 5283 Oxford Drive, Cypress, addressed the Council inquiring as to what action would be taken to abate the nuisances located on the vacant property on the east side of Grindlay Street south of Orange Avenue and north of Oxford Drive. The City Manager advised that this property would be cleaned as a part of the weed abatement program. Mr. James Duncan, 9582 Walker Street, Cypress, addressed the Council advising that the has cleaned the weeds from his property. In answer to a question from Councilman Harvey, the Public Works Director advised that his office has received a telephone call from the Anaheim Union High School District's landscap~ maintenance supervisor who advised that the Board had decided to utilize the City's contractor for the required weed abatement work on the District's property. Councilman Harvey then advised that the High School District~s property at Valley View Street north of Ball Road is still being used as a raceway for bicycles and motorcycles causing a nuisance to adjacent properties and requested the City Manager to contact the Ariahelm Union High School District requesting them to consider some type of fencing to prevent persons from trespassing upon this property thereby elminating the nuisance. In response to a question from Mayor Bowen, the Public Works Director advised that although they had not been contacted directly by the Cypress Elementary School District, it was evident that some cleaning operations had commenced on the School District~s properties as of May 13, 1968. He further indicated that additional notification had been given to the School District. General discussion ensued in connection with the request for a time extension for cleaning properties owned by C. & E. Corporation and Peaceful Building Company at Valley View and Orange and on Walker north of Orange. The City Manager suggested that since Larwin Company had agreed to clean these properties, perhaps the property on Walker Street could be included as a part of Larwin Company's work schedule; and a cash deposit be posted for the property being utilized by Larwin Company for storage of meterials. There being no further written communications or oral protests, the Mayor declared the Public Hearing closed. General discussion ensued as to the procedure to be followed in granting an extension of time to D. & E. Corporation and Peaceful Building Company. In response to a question from Councilman Noe, the Public Works Director advised that the City contractor will have completed the weed abatement work by June 15, 1968. May 13, 1968 It was moved by Councilman Harvey and seconded by Councilman Kanode to adopt the following Resolution excluding Parcels 78-633-40 and 78-082-27 on which an extension of time until June 15, 1968, is to be granted provided the property owner post a cash bond in an amount to be determined by the Public Works Director to cover the cost of cleaning these parcels. The title of the Resolution is as follows: RESOLUTION NO. 869 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING THE ABATEMENT THEREOF. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None PUBLIC HEARING RE: ZONE CHANGE NO. Z-168 (CYPRESS PLANNING COMMISSION): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance No. 90 to change the zone of a certain parcel of land from R-4 (High Density Multiple-family residential) to R-1 (One-family Residential), said parcel measuring 110' by 105' and located adjacent to and north of Lots 52 and 53 of Tract No. 5420, located on the east side of Denni Street, southerly of Lincoln Avenue, initiated by the Cypress Planning Commission, known as Zone Change No. Z-168. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated May 9, 1968, indicating that the affidavits of publication, posting and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications have been received. The Planning Director reviewed the action taken by the Planning Commission in its recommendation of approval of this zone change and indicated that the Commission had determined that the proposed residential zoning would be in the best interest of the City, since it would be compatible with the zoning of the contiguous property. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed change of zone. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried 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 R-4 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL) TO R-1 (ONE-FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-168 It was moved by Councilman Harvey and seconded by Councilman Noe to approve 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: Harvey, Kanel, Kanode, Noe, and Bowen None None May 13, 1968 PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT (SQUIRREL CAGE): The Mayor announced this was the time and place for the Public Hearing to consider an application for a Live Entertainment Permit to permit female dancers to perform on a stage to the accompaniment of a j uke box at the Squirrel Cage, 4132 Lincoln Avenue, Cypress, requested by Daniel G. Miller, 3730 Duma Street, Compton, California. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated May 10, 1968, indicating that affidavits of publication, posting, and mailing of the Public Hearing notices are on file in the office of the City Clerk and no communications have been received either in favor of or in ~pposition to this application. The report further reviewed the provisions of Section 9-8 of the Cypress City Code relating to live entertainment which outline the extent of the Council's authority in its consideration of live entertainment permits, which basically consists of the Council's determination as to whether or not the operation of the trade, occupation, or business by the applicant and the live entertainment will comport with the peace, health, safety, convenience, good morals, and general welfare of the public or whether or not the applicant is unfit to be trusted with the privileges granted by such permit or has a bad moral character, intemperate habits, or a bad reputation for truth, honesty or integrity. The Code further provides that the Council may, following the testimony taken at the Public Hearing, deny the permit, conditionally approve the permit, or unconditionally approve the permit. The report further suggested several factors for the Council's information in determining whether or not the live entertainment as outlined will comport with the peace, health, safety, convenience, good morals, and general welfare of the public, including the City Council's and Planning Commission's original deliberations on granting the conditional use permit to allow the establishment at the particular location, at which time the applicant had indicated the establishment would be a hofbrau-type restaurant. These deliberations included general discussion regarding the parking requirements; traffic generated from this type of use; compatibility with both the character of the neighborhood and adjacent types of business; and further relating to the development of a neighbor- hood-type center due to the fact that the area, although zoned H-C (Highway Commercial) has no access points to Lincoln Avenue, which is the major highway. The City Manager further requested the Council to consider whether or not a place of business with live entertainment is compatible with the character of teh neighborhood and whether or not it would detract from the existing businesses which are of a neighborhood commercial type, due specifically to the fact that the area does not have direct access to Lincoln Avenue. The report further indicated that the City Manager concurred with the Police Chief that the granting of a Live Entertainment Permit at the subject location would not appear to comport with the peace, health, safety, convenience, good morals, and general welfare of the public. The Police Chief then read into the record of the Public Hearing a memorandum dated May 9, 1968, from his office to the City Manager indicating that based upon an investigation of the applicant's background which was conducted in March of 1968, in connection with an application for an Alcoholic Beverage License filed by Mr. Miller, the Police Department found no legal cause to protest the application; and no derogatory information was developed during that investigation indicative of bad moral character, intemperate habits, or bad reputation on the part of the applicant. The report further reviewed certain aspects of live entertainment by female performers which lend themselves to patronage by some persons of questionable character, resulting in disturbances and breaches of the peace, creating a police hazard, and the peculiar location of the Squirrel Cage Bar is inconvenient for routine, May 13, 1968 preventative police patrol, since it is remotely situated in relation to both Lincoln Avenue and Bloomfield Street adjacent to the flood control channel on the west and a large nursery business on the south. Further, the report indicated that since the parking lot is enclosed and obstructed from passing view by those obstacles and buildings on the north, police find it necessary to actually drive into the parking lot for observation of patron vehicles. The report also stated that the operating interests of other businesses and professional enter- prises which share the same parking lot area could conflict with a business offering live entertainment to the public which would attract large numbers of patrons. Due to these factors as well as the possibility that the use of transient and temporary entertainers from outside the City providing a risk to the moral conduct of the premises, the Police Chief indicated that the granting of a live entertainment permit at the Squirrel Cage bar would not appear to comport with the peace, health, safety, convenience, good morals, and general welfare of the public. The Mayor asked if anyone in the audience wished to speak in favor of the subject application. Mr. Richard Quan, Attorney, 1011 North Broadway, Suite 211, Los Angeles, addressed the Council representing the applicant and requested an opportunity to inquire of the Police Chief as to his reasoning in reconnnending denial of the subject application. In clarification, the City Manager indicated that neither he nor the Police Chief offered a recommendation of approval or denial but have merely presented facts that the Council should consider in its deliberations during the hearing. Mr. Quan then requested permission to question the Police Chief as to the general description of the area, and distances between the premises and other establishments in the area. In response to a question from the Police Chief, the Assistant City Attorney advised that any cross examination would be subject to the rules and regulations established by the Council; and it is a matter of the Council's discretion as to the extent and type of questioning. The Assistant City Attorney then read into the record Section 2-14 (a) of the Cypress City Code concerning the procedures and time limits to be imposed during Public Hearings. Mr. Quan again addressed the Council requesting permission to ask questions of the Police Chief. Following a clarification of procedures by the Assistant City Attorney, Mayor Bowen advised he would prefer Mr. Quan to direct his questions to the Chair and allow the Mayor to then direct the questions to the Staff member who would be most familiar with the area of the question. Mayor Bowen then referred Mr. Quan's previous question in connection with the general description of the area to the Planning Director. The Planning Director outlined the various uses which are present both within and adjacent to the shopping center. General discussion ensued as to whether or not to impose a time limit on the applicant's testimony, following which it was moved by Councilman Harvey and seconded by Councilman Kanode to grant an additional ten minutes to Mr. Quan in which to make his presentation. Councilman Kanel indicated that he would favor this motion on the basis that Mr. Quan presents his testimony as to why he favors the application for live entertainment permit. Councilman Harvey then stated that he felt that Mr. Quan should be allowed to use the additional ten minutes to make his presentation in whatever way he feels is best. May 13, 1968 Following discussion, Councilman Harvey's motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None Mr. Quan then indicated that he would wish to question the Police Chief in connection with his report which was read into the record and through this questioning would like to establish the general nature of the neighborhood; the number of parking spaces required for Mr. Mfller's establishment; and whether anyone in this area has protested the use. He further submitted that the report by the Police Chief is a conclusion on his part without sufficient facts to back him up; it is a matter of heresay. He further stated that the nature of the area, and the type of zoning warrant the granting of the application. In addition, he feels there is nothing in the qualifications of Mr. Miller to warrant denial of the application for live entertainment permit. He further stated that he requests an opportunity under the law to question persons pro- testing the application and feels he should have the opportunity to inquire as to the basis of the Chief's protest. The Assistant City Attorney reviewed the procedures of due process of law which provide the applicant an opportunity to present a case regard- less of the time requirements in the City's Code. He further indicated that if the applicant had additional evidence it would be required under due process of law to permit him to present this evidence. In response to a question from Mayor Bowen, the Assistant City Attorney advised that it would be appropriate to allow persons protesting the application to speak, following which Mr. Quan or the applicant should be allowed the time necessary for rebuttal. In response to a question from Mr. Quan, the Planning Director advised that for an eating and drinking establishment, the Code requires eight parking spaces per 1,000 square feet of flood area; and with live entertainment, it could be expected that more spaces would be required. In response to a question from Mr. Quan, as to the possibility of the Council imposing a condition on the live entertainment permit requiring additional parking spaces, the Assistant City Attorney advised that the Council is still in the process of receiving additional testimony and evidence and has made no determination as to conditions at this time. In answer to a statement by Mr. Quan relative to imposition of conditions by the Council in connection w~h parking spaces, the City Manager clarified the intent of the Staff report which was to outline areas of concern that the Council should consider in receiving testimony. In response to a question from Mr. Quan, the City Manager advised that no communications had been received by the City Clerk's office e~h~r in favor of or opposed to granting the subject application. He further advised that the Council has not as yet allowed testimony in opposition to the application from persons in the audience. In response to a question from Mr. Quan, the Planning Director advised that there were approximately 55 parking spaces available in the area south of the shopping center under discussion. Mr. Daniel Miller, 3730 Duma Street, Compton, California, addressed the Council speaking in favor of the subject application. The Mayor asked if anyone in the audience wished to speak in opposition to the subject Live Entertainment Permit. May 13, 1968 There being no oral protests submitted, discussion ensued as to the number of times ownership of the premises under discussion had changed; and the uses originally proposed for the premises. Relative to the change of ownership, the Police Chief indicated that he did not have this informa- tion available at this time. The Planning Director then reviewed the testimony given by the applicant of the conditional use permit as to his ultimate plans to develop the establishment into a family steakhouse. Councilman Harvey indicated that since there have been a number of transfers of ownership at the Squirrel Cage, it would not appear that this location is the most appropriate for an establishment of this type. Mayor Bowen then suggested that sSnce the shopping center in which the Squirrel Cage is located attracts a large amount of business, the additional traffic which would be generated through live entertainment would serve to cause traffic congestion in the area. Following discussion, the City Attorney and City Manager clarified the procedures followed by the Council in first determining whether or not a live entertainment would comport with the peace, health, safety, good morals, and general welfare of the public; and then, having made this determination, discussing the imposition of conditions. Upon the consent of the applicant, the Mayor declared a five minute recess at 9:53 p.m. The meeting was called back to order at 9:58 p.m., all City Councilmen being present. In response to a question from Councilman Kanode, the Police Chief reviewed various problems which have been encountered in past operations similar to the live entertainment under discussion as it would affect police and traffic problems. His review included such problems as double parking in the street; parking in prohibited areas; and congestion of egress and ingress into the parking lot area. The Planning Director further reviewed the traffic problems which would be created in the parking lot of the Squirrel Cage since there is no ingress and egress on Lincoln Avenue and since access to the establishment could be gained only from Bloomfield Street. Councilman Kanel indicated that he felt the granting of a live entertainment permit at the Squirrel Cage would increase the traffic congestion problems in the area; therefore, he would be opposed to granting the subject permit. In response to a request from Mr. Quan to question Chief Savord and a subsequent inquiry from Chief Savord as to his right for legal counsel, the Assistant City Attorney advised that in conducting a proceedings of this nature, the City ordinances make no specification as to taking of testimony; it is a matter of discretion on the part of the Mayor. He further advised that any reasonable question which is submitted through the chair may be presented to any Staff member who is qualified to answer such a question. In response to a question from Mayor Bowen as to Chief Savord's right to legal counsel, the Assistant City Attorney requested clarification from Mr. Quan as to whether cross examination of Chief Savord was intended and to what extent. Mr. Quan then advised that his questioning would be of the nature of cross examination in that he wanted clarification as to the statements made by the Police Chief concerning traffic congestion. The Assistant City Attorney further explained that any questioning by the applicant or his attorney would have to be related to a specific investigation and testimony. The Assistant City Attorney further stated that the Cypress City Code does not specifically provide the applicant the right of cross examination. May 13, 1968 35 J In answer to a question from Councilman Kanel, the Assistant City Attorney stated that it would not be appropriate at this time to restrict the applicant's testimony to rebuttal. Having received consent of Mayor Bowen, Mr. Quan aga questioned Mr. Miller relative to the live entertainment, with Mr. Miller indicating that the peak hours of his business would be from 8:00 p.m. to 2:00 a.m.; the only music provided would be that of a juke box; that to his knowledge there is no parking problem in the area; that he is not making a profit from this business at the present time; and the hours of the other adjacent business establishments. General discussion ensued relative to the parking problems, with Mr. Miller indicating that during his peak hours of business, most of the other establishments are closed and there are sufficient parking spaces available for his patrons. In response to questions from Mayor Bowen and the Assistant City Manager, Mr. Miller stated that he would wish the hours of live entertainment to be from 10:00 a.m. to 2:00 a.m. for the purpose of advertising; and that he was not aware of any circumstances which would preclude the other establishments from remaining open after 7:00 p.m. In answer to an inquiry from Councilman Kanel, the Planning Director advised that certain conditions of the original conditional use permit have not been complied with. In response to a question from Councilman Kanel, the Assistant City Attorney stated that generally if conditions imposed upon the granting of a conditional use permit have not been complied with, the Council has the authority to revoke the conditional use permit. At this time, Mr. Quan stated in reference to the testimony of the Police Chief that he and his client were limited from testimony and that the report of the Police Chief was heresay evidence. In response to a question from Mr. Quan, the Assistant City Attorney indicated that the comments of the Council are not being considered as evidence, but as cor~ents on the evidence presented. In answer to a question from Councilman Harvey, the Police Chief indicated that although he was not prepared to make a statement as to the accident rate at the intersection of Bloomfield and Lincoln, he would comment that the intersection has experienced a considerably high accident rate and the area is being studied for the installation of traffic signalization. In response to a question from Councilman Kanel, the City Manager and Assistant City Attorney indicated that a continuance of the Public Hearing by the Council to receive further evidence would be justified. In answer to a question from Mayor Bowen, the Assistant City Attorney reviewed the procedures which would apply relative to acceptance of testimony in continuing a Public Hearing. In response to a question from the Assistant City Attorney, Mr. Quan indicated that at the present time, his client is suffering an economic hardship and would prefer to have a decision from the Council at this time. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Kanode to continue this Public Hearing to consider an appli- cation for a Live Entertainment Permit until the regular meeting of May 27, 1968, at 8:00 p.m. in the City Council Chambers. Councilman Harvey stated he feels the applicant is entitled to a decision at this meeting. May 13, 1968 36(, Councilman Noe concurred in Councilman Harvey's statement and further indicated that the Police Chief and City Manager were well-qualified to make the statements which are contained in their reports; and the statements made were correct as to the problem which could be created if live entertainment were approved at the Squirrel Cage. Following discussion, the following roll call vote was taken on Councilman Kanel's motion to continue the Public Hearing. AYES: 2 COUNCILMEN: Kanel, Kenode NOES: 3 COUNCILMEN: Harvey, Noe, and Bowen ABSENT: 0 COUNCILMEN: None The motion failed to carry. Discussion ensued relative to whether additional conments and questions may be submitted by the Council, following the close of the Public Hea~ng. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. Councilman Kanel indicated that as an elected representative of the citizens of Cypress, he did not feel that the granting of the subject Live Entertainment Permit would comport with the peace, health, safety, convenience, good morals, and general welfare of the public. It was then moved by Councilman Harvey and seconded by Councilman Kanel to deny the application for Live Entertainment Permit to permit female dancers to perform on a stage to the accompaniment of a juke box at the Squirrel Cage 4132 Lincoln Avenue, Cyrpess. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None In response to an inquiry from Mr. Quan and from Mayor Bowen, the Assistant City Attorney advised that he knew of no provisions in the ordinance which requires the Council to make a statement of findings. The Council's decision is made on the basis of the evidence presented and the Council may, but is not required to, state reasons for denial. RECESS: The Mayor declared a recess at 10:57 p.mo The meeting was called back to order at 11:08 p.m., all City Councilmen being present. CONTINUATION. OF CONSIDERATION OF PREVENTATIVE MAINTENANCE OF STREETS AND AWARD OF CONTRACT FOR APPLICATION OF GILSABIND: At this time, the Public Works Director presented a map outlining the areas to be treated with Gilsabind. It was moved by Councilman Kanel and seconded by Councilman Kanode to award a contract for application of Gilsabind to the Glenpark area and in the area south of the Carbon Creek Channel between Denni and Bloomfield Street as per quotation from the Gilsabind Corporation dated April 24, 1968, in the amount of $5,320.83. Following discussion Councilman Kanel's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None May 13, 1968 CONSIDERATION OF AUTHORIZATION FOR CLOSURE OF GRINDLAY STREET BETWEEN ORANGE AND EVERGREEN STREET: The City Manager presented a report dated May 10, 1968, requesting authorization to close Grindlay Street between Orange Avenue and Evergreen Street for two seven-day periods beginning Monday, May 20, 1968, to allow the construction of a sewer siphon and a 72-inch diameter storm drain in Grindlay Street between the existing 2-A Channel and Vista Hermosa Street in Tract No. 6222. This request is necessitated by the depth of the trench and adverse soil conditions in the area. Both the Cypress School and St. Irenaeus Church and School will be notified to the effect that they should anticipate the closing of the street during the weekend, although every effort will be made to re-open the street during the weekend period. In response to a question from Councilman Kanel, the Police Chief indicated that the Police Department would take any measures necessary to control traffic congestion problems which may arise as a result of the street closure. Following general discussion relative to traffic control measures, it was moved by Councilman Kanel and seconded by Councilman Harvey to authorize the closure of Grindlay Street for two seven-day periods between May 20, 1968, and July 1, 1968, for construction of the sewer siphon and the Walker-Grindlay Street storm drain in Grindlay Street, with the contractor to provide adequate signing at the intersection of Lincoln and Grindlay and Orange and Grindlay to advise the motoring public that the street is closed to through traffic with access to be maintained to all occupancies during the period of construction. In answer to a question from Councilman Noe, the City Manager indicated that the Cypress School and St. Irenaeus Church would be notified immediately of the proposed street closure to allow them an opportunity to advise the students and parishioners. Councilman Noe indicated that he thought more notice should be given on street closures. Councilman Kanel's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF PRELIMINARY REPORT FOR CYPRESS LIGHTING DISTRICT NO. 2: The Public Works Director presented a report dated May 9, 1968, submitting the Preliminary Report on Cypress Lighting District No. 2 and setting forth the need to adopt various Resolutions for the yearly Lighting District Assessments in District No. 2. It is also proposed to annex 56.395 acres, known as Annexation No. 7; and to withdraw a portion of the Los Alamitos area from the Orange County Highway Lighting District and the Los Angeles Lighting District. The Public Works Director indicated that in connection with withdrawal of certain portions of the Cypress Lighting District of Orange County, it would be necessary to enter into a joint powers agreement with the Orange County Board of Supervisors providing for allocation of funds acquired from the District to be divided between the City of Cypress Lighting District No. 2 and the Cypress Lighting District of Orange County; and to further provide for Cypress Lighting District of Orange County to collect and pay for energy charges for said territory up to and including June 30, 1969. Councilman Noe stated that since he owns property in the area outlined in the Resolution, he would abstain from voting on this item. It was moved by Councilman Harvey and seconded by Councilman Kanel to adopt the following Resolution, title as follows: May 13, 1968 RESOLUTION NO. 870 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING CERTAIN PORTIONS OF THE CYPRESS LIGHTING DISTRICT OF ORANGE COUNTY LOCATED WITHIN THE BOUNDARIES OF THE CITY OF CYPRESS, TO BE WITHDRAWN FROM SAID DISTRICT. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Kanode, and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Noe It was moved by Councilman Kanel and seconded by Councilman Kanode to approve the joint powers agreement between the City of Cypress and the Cypress Lighting District of Orange County to authorize the Cypress Lighting District of Orange County to collect and pay for energy charges for the territory described in Resolution No. 870 up to and including June 30, 1969; and to authorize the Mayor to sign and City Clerk to attest said Joint Powers Agreement. Councilman Noe stated that since he owns property in the area outlined in the Agreement, he would abstain from voting on this item. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Kanode, and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Noe It was moved by Councilman Kanode and seconded by Councilman Kanel to adopt the following Resolution, title as follows: RESOLUTION NO. 871 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING A CERTAIN PORTION OF THE ORANGE COUNTY LIGHT- ING DISTRICT, LOCATED WITHIN THE BOUNDARIES OF THE CITY OF CYPRESS, TO BE WITHDRAWN FROM SAID DISTRICT. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None It was moved by Councilman Kanel and seconded by Councilman Kanode, to adopt the following Resolution, title as follows: RESOLUTION NO. 872 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVING THE PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 857 OF SAID COUNCIL. The motion was unanxmously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None May 13, 1968 It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS, TO BE INSTALLED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF THIRTEEN (13) YEARS BEGINNING JANUARY 1, 1969, TOGETHER WITH ANNEXATION NO. 7, WHICH STREET LIGHTING SYSTEM IS TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None It was moved by Councilman Kanode and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 874 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIME AND PLACE FOR YEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT REFERRED TO IN RESOLUTION OF INTENTION NO. 873 AND DIRECTING THE CITY CLERK OF SAID CITY OF CYPRESS, CALIFORNIA, TO GIVE NOTICE OF SAID HEARING. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 18903 THROUGH 19008: It was moved by Councilman Kanel and seconded by Councilman Noe to approve the Cormnercial Warrant List for Warrants No. 18903 through 19008 in the amount of $40,185.34. Councilman Harvey stated that in reference to Commercial Warrant No. 18922 to the World Travel Bureau for air fare to Washington, D. C. for the Mayor and City Manager, he had previously indicated his opposition to an elected public official traveling to Washington, D. C. since he could not see what benefit could be derived from such a public expenditure. He further indicated that the City records should be clarified inasmuch as this trip was taken without official public approval by the Council with a vote reflecting those Councilmen who favored the expenditure. Councilman Kanel indicated that he did not feel it was necessary to take separate action on all expenditures. Councilman Harvey stated that he feels such an expenditure for an elected official should be made public knowledge to the taxpayers. Councilman Kanel suggested that the City had received sufficient justification for this expenditure from the voters of the City when they approved the drainage bond at the April 9, 1968, Special Bond Election. He also stated that prior to the bond election information had been mailed indicating that the Council would be asking for assistance from the Federal Government for funds relative to the drainage problems of the City. Councilman Kanel further stated that the officials in Washington welcome the opportunity May 13, 1968 to discuss problems of a local nature with public officials; and he feels that it is justified to send a public official in addition to a member of the Staff in attempting to obtain $450,000 from the Federal Government for correction of the drainage problems in the City of Cypress. Councilman Kanel further stated tb~t the expenditure for the trip to Washington, D. C. was much more important than many of the other expenditures which are listed on the Commercial Warrant List. Councilman Harvey ~hen stated that in reference to Councilman Kanel's statements, he could not understand Councilman Kanel's reluctance to make the expenditure a public record. Councilman Kanel indicated that voting on the Commercial Warrant List would make it a public record. It was moved by Councilman Harvey to amend Councilman Kanel's motion to indicate a vote in favor of expending funds for air fare for Mayor Bowen to Washington, D. C. The motion died for lack of a second. Councilman Kanel's motion to approve the Commercial Warrant List was carried by the following roll call vote: AYES: 3 COUNCILMEN: Kanel, Kanode, and Noe NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Bowen Councilman Harvey expressed his concern over the Council's failure to make the authorization for the expenditure for the Mayor to travel to Washington, D. C. a public record inasmuch as public funds were expended for this trip. He further expressed concern for the need to make future authorizations of this nature public knowledge. Councilman Kanode stated that the possibility of a trip to Washington, D. C. had been previously discussed; however, the need for the trip arose before a public meeting could be scheduled. He further stated he would be in favor of ratifying this expenditure. In response to questions from Councilmen Kanode and Kanel, the Assistant City Attorney advised that such action could be taken after having placed this matter on the agenda. He further indicated that this matter has been made a matter of public record through approval of the Commercial Warrant List. It was then moved by Councilman Kanel, seconded by Councilman Noe, and unanimously carried to place on the agenda at this time the consideration of confirmation of the expenditure of monies for the City Manager and Mayor to travel to Washington, D. C. It was moved by Councilman Kanel and seconded by Councilman Noe to confirm the expenditures of monies required for the City Manager and Mayor to travel to Washington, D. C. to explore and obtain information regarding the application which is so very, very important to the citizens of Cypress relative to obtaining federal assistance in the storm sewer program. Councilman Harvey indicated that although he was opposed to the Mayor traveling to Washington, D. C. he was in favor of the City Manager making this trip; therefore, he could not accurately reflect his position as the motion presently reads. In answer to a question from Councilman Harvey, the Assistant City Attorney advised that it would be appropriate for Councilman Harvey to amend the original motion to reflect separate authorization for the Mayor and City Manager. May 13, 1968 It was moved by Councilman Harvey to amend Councilman Kanel's motion to indicate that the authorization for the City Manager to travel to Washington, D. C. be considered separately from the authorization for the Mayor. In response to a question from Councilman Kanel, the Assistant City Attorney advised that it is appropriate for an amendment to be made requesting division of a previous motion. Mayor Bowen seconded Councilman Harvey's motion to amend Councilman Kanel's motion. Councilman Noe then indicated that he would not have approved an expenditure for just one person to travel to Washington since he felt it was necessary to have representatives from both the administrative and legislative levels in making application for assistance from the Federal Government. Councilman Harvey stated that it is bovious that a majority of the City Council approve the expenditure for the Mayor to travel to Washington, D. C.; however, he merely wants to make it a matter of public record. Councilman KaneI stated that he thought this matter wes made a public record with the vote on the Commercial Warrant List. Mayor Bowen withdrew his second to Councilman Harvey's amendment to Councilman Kanel's motion. Councilman Harvey's amendment died for lack of a second. Councilman Kanel's motion to approve the expenditure for the Mayor and City Manager to travel to Washington, D. C. was carried by the following roll call vote: AYES: 3 COUNCILMEN: Kanel, Kanode, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 2 COUNCILMEN: Harvey and Bowen Councilman Harvey indicated that he was extremely disappointed in the action of the Council on the above motion. CONSIDERATION OF RESOLUTION RE: "NO PARKING" AREAS ON WALKER STREET, ORANGE AVENUE, AND LINCOLN AVENUE: The City Manager presented a report dated May 10, 1968, presenting a recommendation from the Advisory Traffic Committee as to the necessity of establishing no parking areas on both sides of Walker Street from Ball Road to 300 feet north of Ball Road; on both sides of Orange Avenue from 150 feet west of Valley View Street to 150 feet east of Valley View Street; and on the south side of Lincoln Avenue from 40 feet east of Walker Street to 60 feet east of Walker Street. It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 875 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING NO PARKING AREAS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None May 13, 1968 : 66 SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-167 (JOHNNY JOHNSON): It was moved by Councilman Kanode, seconded by Councilman Noe toread the following Ordinance by title only, title as follows: ORDINANCE NO. 374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYRPESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF CERTAIN PARCELS OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO C-I (NEIGHBORHOOD STORES), ZONE CHANGE NO. Z-167. It was moved by Councilman Noe and seconded by Councilman Kanode to adopt the second reading of this Ordinance. Councilman Harvey stated that although he voted in favor of the first reading of the Ordinance, he has since investigated the area of the zone change and as a result will vote in opposition to the change of zone. Councilman Noe's motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Noe, and Bowen Harvey None ORAL COMMUNICATIONS: There were no oral communications presented at this time. Councilman Harvey indicated that the children from Juliet Morris School presented an historical pageant which was quite unique and a number of persons from Leisure World have requested these children to conduct a performance for the residents in their area. In view of this recognition, Councilman Harvey indicated that he thought it would be appropriate for the City Council to request the preparation of a Resolution to be presented to the Juliet Morris School and to the persons involved in organizing the pageant. Following discussion, it was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Harvey and seconded by Councilman Kanode to request the preparation of a Resolution for the appropriate officials of the Juliet Morris School who organized the historical pageant, commending them for the recognition they have brought to the City of Cypress. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None It was generally agreed that this presentation should be made during a regular City Council meeting. Councilman Kanel indicated that he had talked to Dr. Dan Walker of Cypress Junior College relative to holding a joint meeting between the City Council and Dr. Walker's staff. It was generally agreed that this possibility would be discussed during the 1968-69 fiscal year. Councilman Kanel indicated he had had an opportunity to talk to Mayor Cron~ell of the City of Yorba Linda relative to the possibility of smaller cities in Orange County forming an association of cities in which they could review and discuss mutual problems. Such an association would provide greater influence in presenting proposals to larger legislative bodies such as the Board of Supervisors. May 13, 1968 267 It was generally agreed to discuss this possibility further at the afternoon session of the regular meeting of May 27, 1968. It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to place consideration of recognition of the newly-elected and the former "Miss Cypress" as well as commendation for the organizations sponsoring the "Miss Cypress Pageant" on the agenda for consideration at this time. It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to request the preparation of a letter of con- gratulations to the incoming "Miss Cypress" and a Resolution of commendation to the former "Miss Cypress" and a letter of commendation to the organizations who sponsored the "Miss Cypress Pageant." ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kanode to adjourn the meeting at 12:21 a.m. until Thursday, May 16, 1968, at 4:00 p.m. in the City Employees' Lounge of the Civic Center, 5275 Orange Avenue, Cypress. MAYOR OF THE CITY OF CYPRESS CYPRESS May 13, 1968