Minutes 68-07-08MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
July 8, 1968
The regular meeting of the Cypress City Council was called to order
at 4:00 p.m. on Monday, July 8, 1968, in the City Council Chambers,
5275 Orange Avenue, Cypress, California, Mayor Richard L. Bowen
presiding.
PRESENT: Councilmen Harvey, Kanel, Kanode, Noe, and Bowen
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney
James Erickson, Administrative Assistant Gene Poertner and Planning
Director George Putnam.
MINUTES:
Councilman Harvey stated that in consideration of the approval of the
1968-69 Budget, he had not been aware that the Council had approved
funds for dinner meetings of the Planning Commission and that he would
wish to go on record in opposition to such an expenditure for reasons
previously stated.
In response to a question from Councilman Kanel, the City Attorney advised
that a Councilman may amplify his prior position on a certain matter at
any time he feels necessary.
General discussion ensued relative to the intended policy established by
the City Council relative to allocation of funds for dinner meetings for
the Planning Con~nission and authorization for the Planning Co~ission's
attendance at the League of California Cities Annual meeting.
Councilman Kanode indicated that it hadbeeen his understanding that the
Council had allocated sufficient funds providing $10.00 per meeting for
each Planning Cormnissioner and had in addition provided $5.00 per
Commissioner to cover dinner meeting expenses and that the transportation
expenditures were increased to allow for the Commission to attend the
League of California Cities Annual Meeting.
Councilman Harvey then indicated that he would also wish to go on record
in opposition to an allocation of funds for attendance of the Planning
Commissioners at the League of California Cities Annual meeting.
Councilman Kanel indicated that he had understood the allocation to be a
total of $10.00 per meeting which would cover both the salary and dinner
expenditures and that he would be opposed to an added expenditure.
In response to a question from Mayor Bowen, the City Attorney advised that
neither the Planning Commission nor the City Council are allowed to
conduct meetings outside the City boundaries.
The City Manager requested a statement from the Council as to the policy
they would wish to enact relative to an expenditure of funds for trans-
portation and dinner meetings for the Planning Commission.
Councilman Ks_node indicated that he felt an appropriation should be made
to provide for an occasional dinner meeting of the Planning Corfanission.
Following discussion, it was moved by Councilman Noe, seconded by Councilman
Kanode and unanimously carried, to approve the Minutes of June 24, 1968,
subject to correction of the second to last paragraph on page 9 to read as
follows:
"Councilman Noe concurred in the statements made by Councilman
Kanode and the Council were in general agreement to authorize
Councilman Kanode to encourage active participation by the
Orange County Division of the League of California Cities in
the community action agency."
July 8, 1968
Following general discussion relative to the Annual Conference of the
League of California Cities to be held in Los Angeles, it was generally
agreed that the City Manager would obtain one room for the use of the
Council and Staff during the meeting
Upon the request of the City Manager, it was moved by Councilman Harvey,
seconded by Councilman Noe and unanimously carried, to place consideration
of nomination of the Women's Club of Cypress for the 1968 "Keep America
Beautiful Award" for their contribution in the 1967 Beautification Program.
It was moved by Councilman Harvey, seconded by Councilman Noe and
unanimously carried, to authorize the City Manager to complete the
required forms for nomination of the Women's Club of Cypress for the
1968 "Keep America Beautiful Award."
The City Manager reviewed a communication, dated July 3, 1968, addressed
to all interested persons and signed on behalf of the Cypress Elementary
School District Board of Trustees by Vincent L. Devaney, Secretary of the
Board inviting the City Council to attend a meeting scheduled for
Monday, July 15, 1968, at 7:30 p.m. in the Cypress School Auditorium
for the purpose of discussing the proposed rezoning in the southern area
of the Cypress School District. The City Manager then advised that the
subject rezoning is now in the form of an official application and is
scheduled for public hearing before both the Planning Commission and City
Council which pre-en~ts the City Staff's previous intention of conducting
a joint meeting to discuss general zoning matters.
It was moved by Councilman Noe, seconded by Councilman Kanode and
unanimously carried, to place this matter on the agenda for consideration
at this time.
It was moved by Councilman Kanel, seconded by Councilman Kanode and unani-
mously carried, to direct the City Manager to communicate with the Cypress
Elementary School Board of Trustees advising that the City Councilmen and
Planning Commissioners will be unable to attend this meeting and outlining
the factors prohibiting their attendance.
In response to a question from Councilman Harvey, the City Attorney
advised that the Council should neither attend nor participate in the
subject meeting due to the possibility of prejudicing ~e legality of the
public hearing through hearing evidence prior to the public hearing pro-
ceedings.
The City Manager then ~eviewed previous action by the Staff in the attempt to
resolve any problems which may be encountered with residential development
in the southern portion of the Cypress School District prior to the
scheduling of the subject meeting. He further advised of the Staff's plans
to conduct a joint meeting with the School Board and City Council to discuss
general zoning problems prior to the filing of the application for zone
change.
Following general discussion relative to conduct of the subject meeting as
well as the possibility of conducting further joint meetings with the
members of the School Board when events permit, it was moved by Councilman
Kanel and seconded by Councilman Noe to amend Councilman Kanel's original
motion to include authorization for the City Staff to attend the meeting
scheduled by the Cypress School District. Councilman Kanode agreed to this
amendment, following which it was unanimously carried.
The City Manager indicated that at the time of the meeting with the School
Board, the Planning Director will have mailed the official reports for the
proposed rezoning to the Planning Commission.
Following further discussion, it was generally agreed that the communication
to the Cypress Elementary School District should stress the City Council's
desire to meet jointly with the School Board of Trustees and that a copy
of this communication should be mailed to each of the members of the
School Board.
EXECUTIVE SESSION:
Upon the request of the City Attorney, it was moved by Councilman Harvey,
seconded by Councilman Kanel and unanimously carried, to go into an
executive session at 5:12 p.m. for the purpose of discussing personnel
matters. The meeting was called back to order at 6:18 p.m., all City
Councilmen being present.
........ JulI 8, 1968
!~ECESS:
It was moved by Councilman Noe, seconded by Councilman Kanode
and unanimously carried, to recess at 6:20 p.m. until 7:30 p.m.
that evening.
CALL TO ORDER:
The meeting was called 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, City Attorney
James Erickson, Administrative Assistant Gene Poertner, Police Chief
George Savord, Finance Director Jim Grissom, Planning Director George
Putnam, Building Superintendent Tom Nudson, Assistant City Engineer Ray
Coakley, Sr. Public Works Inspector Warren Messing, and Administrative
Interns Gary Kariker and Connie Cheney.
ORAL COMMUNICATIONS~:
There were no oral connnunications presented at this time.
Since Item No. 1 was a Public Hearing schduled for 8:00 p.m., it was
moved by Councilman Harvey, seconded by Councilman Noe, and ~nanimously
carried, to proceed to Item No. 5 on the agenda and continue until 8:00 p.m.
COMMUNICATION FROM ASSEMBLYMAN Z'BERG RE: "CALIFORNIA LOCAL RECREATION
FUND": The City Manager presented a commur~zation dated June 21, 1968,
from Assemblyman Edwin L. Z'berg, Chairman of the Assembly Committee on
Natural Resources, P~nning and Public Works, transmitting an outline of
his proposal to create a $50 million "California Local Recreation Fund"
to assist cities in meeting local recreation needs and requesting the City
Council to support this measure and to inform local Assembly and Senate
delegations of this action.
The City Manager indicated that from the communication and information
submitted, it could not be determined whether or not both the City and
the Park and Recreation District would receive funds from this program.
It was moved by Councilman Noe, seconded by Councilman Kanode and unani-
mously carried, to request further information from the League of California
Cities in reference to Assemblyman Z'berg's proposal for the creation of
a "California Local Recreation Fund."
COMMUNICATION FROM MUNICIPAL FINANCE OFFICERS ASSOCIATION RE: HOUSE OF
REPRESENTATIVES BILL 16241: The City Manager reviewed a communication
dated June 20, 1968, from Joseph F. Clark, Executive Director of the
Municipal Finance Officers Association which gives notification of the
scheduled Senate hearings on House of Representatives Bill 16241 which
contains a section repealing the air travel tax exemption on air travel
by state and local government officers and employees on official business
and urging the Council to notify the appropriate legislators of their
opposition to this Bill. The communication further indicated that, in
addition to the added cost which this measure wouldcreate for state and
local governments, the underlying problem is the principle of authorizing
the Federal government to impose a tax on state and local governments which
could lead to further taxation measures imposed by the Federal government.
It was moved by Councilman Kanel, seconded by Councilman Kanode and
unanimously carried, to oppose the provisions of House of Representatives
Bill 16241 which repeals air travel tax exemption for state and local
government officials; and to request the City Manager to inform the
Chairman of the Senate Finance Committee, Congressman Hanna and Senators
Kuchel and Murphy of the City!s position on this measure.
July 8, 1968
COMMUNICATION FROM ORANGE COUNTY GRAND JURY RE: REGULATION OF PRIVATELY-
OWNED MOBILE X-RAY UNITS: The City Manager reviewed a communication, dated
June 25, 1968, from D. R. Colegrove, Foreman of the 1968 Orange County Grand
Jury, transmitting a resolution adopted by the Grand Jury on June 5, 1968,
requesting the County and cities to enact appropriate ordinances regulating
privately-owned mobile X-ray units operating within Orange County. The
City Manager advised that the Board of Supervisors in considering this
matter referred the request to the Orange County Administrator's Office
to draft the appropriate ordinance. He further indicated that since the
rules and regulations governing this type of operation would be enforced
by the Orange County Health Department and also to insure uniformity of
ordinances enacted throughout the County, it would seem appropriate for the
Orange County Health Department to draft the required ordinances in this
field.
In response to a question from Councilman Harvey, the City Manager in-
dicated that it was his impression that the proposed regulations would
apply to privately-owned mobile X-ray units only.
It was moved by Councilman Harvey and seconded by Councilmen Noe to
request the Orange County Health Department to prepare an appropriate
ordinance regulating privately-owned mobile X-ray units for future
consideration by the City Council.
Councilman Kanel indicated that it was his hope that the ordinance drafted
by Orange County would be mainly for regulation and would not be an
attempt to put the X-ray units completely out of business.
Following diacussion, Councilman Harvey's motion was unanimously carried.
COMMUNICATION FROM DIEHL~ EVANS AND COMPANY RE: AUDIT REPORT FOR PERIOD
ENDING MARCH 31, 1968: The City Manager reviewed a communication dated
June 26, 1968, from D. E. Callahan with the City auditing firm of Diehi,
Evans and Company, notifying the City Council that an examination of the
financial statements of the City for the nine-month period ending March 31,
1968, has been completed and no points of sufficient significance were
noted to warrant a report to the City Council at this time.
It was moved by Councilman Harvey, seconded by Councilman Noe and
unanimously carried, this communication be received and filed.
COMMIFNICATION FROM SYKES REALTY COMPANY RE: REQUEST FOR TIME EXTENSION
ON IMPROVEMENT BOND (SOUTHWEST CORNER OF ORANGE AVENUE AND VALLEY VIEW):
The City Manager reviewed a communication dated July 1, 1968, from A. C.
Sykes, on behalf of Sykes Realty Company, requesting a one-year extension
on Bond No. 582876 which was issued by General Insurance Company of America
on May 5, 1967, to comply with the condition imposed by the City Council
in the approval of the parcel map for the property located at the southwest
corner of Orange Avenue and Valley View Street. This request is based on
the fact that the balance of the property adjacent to Sykes' parcel is not
ready for development at this time and, therefore, additional time is
requested for payment of all required fees for completion of the improve-
ments. The report further indicated that with the recent amendment to the
Master Plan of Drainage, the original drainage fee requested from Mr. Sykes
which was based on $565 per acre would not be considered sufficient at this
time and for this reason it would appear appropriate in the event the
City Council wishee to extend the period of time on the bond to impose a
condition requiring payment of the current drainage fees in the amount of
$1,1oo per acre which would require an increase in the amount of the bond
now posted with the City by Mr. Sykes.
The City Manager advised that he had discussed this matter with Mr. Marcusson,
Mr. Sykes partner, who indicated that if the extension is granted with the
proposed condition, Sykes Realty would prefer to pay drainage fees at this
time, as outlined on the original bond.
It was moved by Councilman Noe and seconded by Councilman Kanode to grant
the request of Mr. A. C. Sykes for a one-year extension of time on the bond
posted for fees and other improvements for the property located at the
southwest corner of Valley View Street and Orange Avenue, with the condition
that the bond amount be increased to reflect the current Master Plan of
Drainage fees in the amount of $1,100 per acre and that the increased amount
be posted within ten days of the date of notification and that the City
Manager be authorized to declare the bond in default and proceed to enforce
provisions of the current bond if payment is not made under that bond within
sixty days of the date of expiration or August 27, 1968.
July 87 1968
Following general discussion, 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
~ONSIDERATION OF REQUEST FOR IMPLEMENTATION OF COMMUNITY GOALS PROGRAM:
The City Manager presented a report dated July 5, 1968, proposing the
implementation of the Goals Program through the appointment of a citizens
steering committee at the July 22,196~ City Council meeting, to consist
of a City Councilman, Planning Commissioner and five citizens, with the
City Manager and Planning Director serving as technical advisors to the
committee. The report reviewed the duties of the initial steering committee,
which would later be enlarged by five or more of the Project Committee
Chairmen at such time as project committees are organized; and outlined
suggested assignments to individual committee members. The report also
proposed thatthe City Council representative serve as chairman and the
Planning Commission representative serve as vice-chairman of the initial
connnittee.
In response to a question from Councilman Kanel, the City Manager advised
that the City Council and Planning Commission representatives would only
serve as chairman and vice-chairman until the full committee is organized
at which time the permanent chairman and vice-chairman will be selected
by the committee members.
It was moved by Councilman Noe and seconded by Councilman Kanode to under-
take the implementation of the Goals Program through the appointment of a
steering committee to consist of a City Councilman, Planning Commissioner
and five citizens, with the City Manager and Planning Director to serve
as technical advisors to the committee.
Councilman Noe'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
PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT--PARKWAY INN
{LOWERY): The Mayor announced this was the time and place for the
public hearing to consider an ~plication for Live Entertainment Permit to
permit a four piece Western Dance Band at the Parkway Inn, 4604 Lincoln
Avenue, Cypress, California, as requested by Myrtle C. Lowery, 12281 East
Brittain, Hawaiian Gardens, California. The Mayor declared the Public
Hearing open and requested the Staff to t resent its reports.
The City Manager read into the record of the Public Hearing a report
dated July 3, 1968, indicating that the affidavits of posting, publication
and mailing of the Public Hearing notices on this matter are on file in the
office of the City Clerk and no written cormmunications either in favor of
or in opposition to the subject application have been received.
The report further indicated that the investigation conducted by the Police
Department reveals that there have been sixteen significant police actions
at the subject location during the past year and the owner has been
cautioned concerning patron conduct on the premises. The police report
further indicated that while these police actions may not constitute
sufficient cause for objection to renewal of the Live Entertainment Permit,
it could be concluded that the premises may be creating a police hazard;
however, the Police Department does not protest the application at this time.
The report also reviewed the factors to be considered by the City Council
in m~ing a determination as to whether or not the proposed live entertain-
ment comports with the peace, health, safety, convenience, good morals, and
general welfare of the public and whether the applicant or other persons in
charge of the operation are fit to be trusted with the privileges granted
by the Live Entertainment Permit.
The Mayor asked if anyone in the audience wished to speak in favor of or
in opposition to the proposed Live Entertainment Permit.
.... July 8, 1968
In response to a request from Councilman Kanel, the Police Chief gave a
detailed account of the police actions which have been required at the
Parkway Inn during the last year.
Mayor Bowen indicated that he had noticed that the access to the parking
lot for the Parkway Inn is not entirely adequate and patrons park cars
on Lincoln Avenue in front of the Inn, causing problems for other
motorists on Lincoln. He also indicated that with the new homes under
construction behind the Parkway Inn, there may be future complaints
relative to the noise and feels in the near future the Council will have
to review the entertainment permit.
In response to a quystion from Councilman Kanel, the Police Chief advised
that the State Department of Alcoholic Beverage Control allows alcohol
to be served until 2:00 a.m.
General discussion was held relative to the hours during which the requested
western band would perform.
Mr. Ken Gunderson, 630 South Knott Avenue, Anaheim, California, addressed
the Council indicating that the policy of the Parkway Inn has been to have
the band perform until 1:30 a.m.
The Police Chief then indicated that it has been the observation of the
Police Department that the band does play until 2:00 a.m. on many
occasions.
In answer to an inquiry from Councilman Kanode, the Planning Director
advised that the new homes will be located approximately 200 feet from
the rear of the building of the Parkway Inn.
In response to an inquiry from Councilman Harvey, the City Manager advised
that the Council may impose any conditions relative to controlling noise,
etc. which they feel will allow live entertainment to comport with the
general welfare of the public.
General discussion ensued relative to controlling noise, following which
the City Manager advised that the Staff does have the prerogative to bring
the live entertainment permit back to the Council for revocation in the
event it becomes evident that the entertainment is not comporting with the
peace and general welfare of the public.
Councilman Harvey then stated that it would appear that the police actions
which have taken place at the Parkway Inn are inherent in this type of
business and he does not feel that these actions can be connected with the
four piece western dance band which is the basis for discussion at this
time.
There being no written cormmunication and no oral protests, the Mayor
declared the Public Hearing closed.
It was moved by Councilman Kanel and seconded by Councilman Noe to approve
the request for a Live Entertainment Permit requested by Mrs. Myrtle C.
Lowery, 12231 East Brittain, Hawaiian Gardens, California, to permit a
four piece Western Dance Band to entertain from 9:00 p.m. to 2:00 a.m. at
the Parkway Inn, 4604 Lincoln Avenue, Cypress, to expire on June 30, 1969.
In response to a question from Councilman Harvey, the City Attorney advised
that in the event it was determined that soundproofing may be necessary
at the Parkway Inn, it would be possible for the Council to initiate
proceedings to review the Live Entertainment Permit to determine the
necessity of imposing a condition requiring soundproofing for the establish-
ment. The City Manager then advised that provisions for this review are
contained in the City Code.
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
July 8, 1968
PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT TO ALLOW PATRON DANCING
AT THE V.I.P. BEER BAR (GUNDERSON): The Mayor announced this was the
time and place for the Public Hearing to consider an application for a
Special Permit to allow dancing by the patrons at the V.I.P. Beer Bar
4612 Lincoln Avenue, Cypress, California, as requested by Ken Gunderson,
630 South Knott Street Anaheim, 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 July 3, 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 one unsigned communication has been received
in protest to granting the requested permit.
The report further indicated that the investigation conducted by the Police
Department reveals that there were ten significant police actions at the
subject location during the past year; however, the Police Department does
not protest the application.
The report further reviewed the factors to be considered by the City
Council in making a determination as to whether or not the permit should
be approved or denied on the basis of whether or not the operation of the
business will comport with the peace, health, safety, convenience, good
morals and general welfare of the public and whether the applicant or
other persons in charge of the operation are fit to be trusted with the
privileges granted by the Special Permit.
The City Manager then read into the record of the Public Hearing an unsigned
letter of protest which had been placed on the bottom portion of the Public
Hearing notice mailed to adjacent property owners.
The Mayor asked if anyone in the audience wished to speak in favor of or
in opposition to the proposed special permit.
In response to requests from Councilmen Kanode and Harvey, the Police Chief
gave a detailed account of the police actions which have taken place at the
V.I.P. Beer Bar during the past year, and compared them to the actions
which had taken place during the preceding year.
Mayor Bowen expressed his concern with the traffic congestion on Lincoln
Avenue in front of the beer bar and the proposed construction of homes in
the area behind the bar presenting future problems.
In response to a question from Councilman Harvey, the City Manager advised
that the improvements to the driveway required of Mr. Gunderson with
issuance of the original Special Permit have been completed.
The City Manager then indicated that a Special Permit does not require a
Public Hearing each year. The normal procedure is for the Police Chief
and City Manager to review the permit and if there are no significant
problems to renew the permit yearly. However, the request for renewal of
the Special Permit was received after the deadline and, therefore, was
required to be treated as an original application.
There being no further written communications and no oral protests, the
Mayor declared the Public Hearing closed.
It was moved by Councilman Harvey and seconded by Councilman Noe to approve
the request for renewal of a Special Permit to allow patron dancing at
the V.I.P. Beer Bar located at 4612 Lincoln Avenue, Cypress, to July 8,
1969, as requested by Ken Gunderson, 630 South Knott Street, Anaheim,
California. 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
July 8, 1968
PUBLIC HEARING RE: ASSESSMENTS FOR WEED ABATEMENT PROGRAM: The Mayor
announced this was the time and place for the Public Hearing to consider
protests and objections to the report of the Superintendent of Streets
showing the cost of abatement of nuisances upon or in front of certain
parcels within the City of Cypress as authorized by Resolution No. 869,
adopted on May 13, 1968. 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 July 3, 1968, indicating that the affidavits of posting of the
Public Hearing notices on this matter are on file in the office of the
City Clerk and no written communications either in favor of or in oppo-
sition to the report of the Sueprintendent of Streets have been received.
The Assistant City Engineer then read into the record of the Public Hearing
a report from the Public Works Director, dated June 27, 1968, indicating
that the weed aba~ement work has been mcomplished in accordance with
Resolution No. 869 and transmitting a Resolution confirming the weed
abatement assessment and imposing the special assessment on these parcels.
The report further reviewed the weed abatement work which had been per-
formed on various properties in the City.
The Mayor asked if anyone in the audience wished to speak in opposition
to the assessments for weed abatement work.
Mr. A. G. Garcia, 4902 Cathy Avenue, Cypress, addressed the Council
protesting the charges imposed for cleaning his property at 9802 Bloomfield
Street, Cypress, and inquiring as to whether the Council awards bids for
the weed abatement work.
Mayor Bowen advised that the contract for weed abatement work is awarded
to the low bidder.
The City Manager then reviewed the procedures used in the Weed Abatement
Program, including posting of property, notification to the property
owner that a nuisance does exist on t~eir property and the Public Hearing
to consider protests to the weed abatement program.
Mr. Garcia then stated that he agrees that the weed abatement work is
required; however, he is protesting the charges for the work performed.
Upon the request of Mayor Bowen, the City Attorney reviewed the action
which could be taken by Mr. Garcia in attempting to recover the charges
for this work through filing a claim against the City.
In response to a question from Councilman Kanel, the City Manager advised
that on rubbish removal the contractor is required to provide certified
weight certificates to verify the correct weight per load. Also, the
Public Works Inspector oversees all weed and rubbish removal operations.
Councilman Harvey stated that he had noticed many vacant properties which
have been used by other persons for dumping trash and other debris and he
felt it was unfortunate that the private property owner has to be assessed
for this removal.
At this time, the City Manager introduced into the record of the Public
Hearing evidence relative to the removal of weeds and rubbish on the
parcel at 9802 Bloomfield Street, Cypress, owned by Mr. Garcia. The
evidence introduced consisted of the photographs of the condition of the
property prior to the abatement work and the original weight tickets for
rubbish removal from the property were offered to Mr. Garcia for his
review; however, Mr. Garcia refused to review this evidence.
In response to a question from Councilman Kanel, the City Manager advised
that the Public Works Inspector makes a determination as to whether rubbish
removed from the property is salvageable.
There being no written conmunciations and no further oral protests, the
Mayor declared the Public Hearing closed.
July 8, 1968
It was moved by Councilman Harvey and seconded by Councilman Noe to accept
the work of weed and rubbish abatement as being satisfactorily completed
in accordance with the specifications for the work. The motion was
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSBNT: 0 COUNCILMEN:
Harvey, Kanel, Kanode, Noe, and Bowen
None
None
It was moved by Councilman Harvey and seconded by Councilman Noe to adopt
the following Resolution, title as follows:
RESOLUTION NO. 887
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYRPESS
CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS,
RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES, AND IMPOSING
SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY
OF CYRPESS.
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-169 (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 M-1 (Light Manufacturing)
to R-4 (High Density Multiple Family Residential), generally located
on the east side of Bloomfield Street, southerly of Lincoln Avenue and
north of Tract No. 6276, initiated by the Cypress Planning Commission,
known as Zone Change No. Z-169. 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
July 3, 1968, indicating that the affidavits of posting, publication and
mailing of the Public Hearing notices on this matter are on file in the
office of the City Clerk and no written cormnunications either in favor of
or in opposition to the zone change have been received.
The Planning Director read into the record of the Public Hearing a report
dated May 31, 1968, reviewing the extent of the proposed change of zone and
presenting the recommendation of approval from the Planning Commission.
In response to a question from Mayor Bowen, the Planning Director indicated
that the R-4 zoning could be utilized as a holding zone until the exact
determination relative to the use of the property has been formulated.
However, it did appear appropriate at this time to change the zoning from
M-1 use since this use would be detrimental to the surrounding uses.
The Mayor asked if anyone in the audience wished to speak in favor of or
in opposition to the proposed change of zone.
In response to questions from Councilman Harvey, the Planning Director
explained that the City does have some influence in controlling the
architecture of the dwellings which may be constructed in the area through
the City Architectural Committee through which the developer could be
required to provide a type of architecture which would blend in and
compliment the surrounding buildings. He further advised that the City
has no zoning which could restrict the development of the subject area to
triplex units only; however, the City could request certain standards in
the appearance of two-story structures through the Architectural Committee.
In response to a question from Councilman Harvey, the City Attorney advised
that the City would have the authority to impose requirements on the
treatment of the architectural layout of the development proposed in the
subject area as long as the additional expenses incurred by the developer
in meeting this requirement are not considered unreasonable.
July 8, 1968
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 Kanel 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 M-1
(LIGHT MANUFACTURING) TO R-4 (HIGH DENSITY MULTIPLE-
FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-169
It was moved by Councilman Harvey and seconded by Councilman Kanel to
approve the first reading of this Ordinance. The motion was unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen
0 COUNCILMEN: None
0 COUNCILMEN: None
RECESS:
The Mayor declared a recess at 9:10 p.m. The meeting was called back to
order at 9:20 p.m., all City Councilmen being present.
CONSIDERATION OF REQUEST FOR "NO PARKING" AREA ON ORANGE AVENUE AT GRINDLAY
STREET: The City Manager presented a report dated June 20, 1968, reviewing
the action taken by the Advisory Traffic Committee in recommending the
establishment of a "No Parking" area on the south side of Orange Avenue
from 180 feet west of Grindley Street to Grindlay Street, to remedy the sight
distance problems which are currently encountered by northbound and
eastbound motorists.
It was moved by Councilman Noe and seconded by Councilman Kanode to adopt
the following Resolution, title as follows:
RESOLUTION NO. 888
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING NO PARKING AREAS.
Prior to voting on this motion Councilman Kanode inquired as to whether
consideration has been given to installing a four-way stop at the inter-
section of Orange Avenue and Grindlay Street indicating that he felt the
intersection is hazardous as presently marked.
Following discussion, it was generally agreed that a request for investiga-
tion of the possibility of installing a four-way stop at the intersection
of Orange Avenue and Grindlay Street be referred to the Advisory Traffic
Committee for consideration at its next meeting.
Councilman Noe'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 AMENDMENT TO CITY CODE RE: DIRECTOR OF FINANCE: The
City Manager presented a report dated July 3, 1968, reviewing the need
to amend the City Code in order to be consistent with the recent amend-
ments to the Government Code regarding the powers and duties of the
Director of Finance and transmitting a proposed ordinance effecting this
amendment for consideration by the City Council.
It was moved by Councilman Kanel, seconded by Councilman Kanode and
unanimously carried to read the following Ordinance by title only, title
as follows:
July 8, 1968
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 2, ARTICLE III, SECTION 2-18 OF THE
CYPRESS CITY CODE, ELATING TO THE POWERS AND DUTIES
OF THE DIRECTOR OF FINANCE.
It was moved by Councilman Kunel and seconded by Councilman Kanode 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
CONSIDERATION OF AMENDMENT TO CITY CODE RE: UNDERGROUNDING UTILITIES:
The City Manager presented a report dated July 3, 1968, transmitting a
proposed ordinance which would require the undergrounding of utilities in
all areas of the City which are not currently required to install under-
ground utilities in conjunction with building permits. This would supple-
ment the existing Code requirement for undergrounding utilities in new
subdivision development and would not apply to any areas which are now
serviced by existing overhead facilities.
Following general discussion, it was moved by Councilman Noe, seconded
by Councilman Kanel 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 SECTION 8-2 OF CHAPTER 8 OF THE CYPRESS CITY
CODE AND ARTICLE 230, SECTION 230-1 OF THE NATIONAL
ELECTRICAL CODE.
In msponse to questions from the City Council and with the permission
of Mayor Bowen, Mr. Ray Hawley, representing Southern California Edison
Company, addressed the Council indicating the requirement for under-
grounding utilities is becoming more accepted in Orange County.
It was moved by Councilman Noe and seconded by Councilman Kanode 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
CONSIDERATION OF AMENDMENT TO CITY CODE REQUIRING RESTORATION OF BLOCK WALL
FENCES: The City Manager presented a report dated July 5, 1968,
transmitting a proposed ordinance which would require a cash deposit
guarantaeing the restoration of block wall fences to the previously
existing condition at the time a building permit is secured for work which
would require the removal of all or a portion of these types of block
wall fences. This ordinance was initiated by the Staff to correct the
condition which currently exists in several areas of the City wherein the
property owners have constructed swimming pools, enclosed patios, house
additions, etc., which have required removal of the block wall fence
and, in many cases, the original block wall fence was not restored to its
original condition. This ordinance is a first step in the development of
an overall plan for maintenance and repair of these types of fences.
In response to a question from Mayor Bowen, the City Manager advised that
relative to the block wall fence around Fairway Park at Moody Street, the
City currently has no code provisions which would allow it to require the
property owners to re-install the white block wall fence whichoriginally
existed.
It was moved by Councilman Kanode, seconded by Councilman Kanel and
unanimously carried, to read the following Ordinance by title only, title
as follows:
July 8, 1968
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 5-2 OF CHAPTER 5 OF THE CYPRESS CITY
CODE
It was moved by Councilman Kanode and seconded by Councilman Kanel 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
CONSIDERATION OF AMENDMENT TO CITY CODE REGULATING MOVING OF BUILDINGS:
The City Manager presented a report dated July 5, 1968, reviewing the
need for additional regulations governing the moving of buildings into
and through the City since the existing Code regulations apply only to
the location of buildings within the City and do not regulate buildings
which are moved through the City. The proposed ordinance establishes an
application procedure and a requirement for a house moving deposit insuring
that damages incurred as a result of the moving of buildings through the
City will be corrected by the applicant; and updates regulations which
now exist for a building relocation permit.
In response to statements by Mayor Bowen relative to the length of the
ordinance and the fees involved, the City Manager stated that in com-
parison with the fees charged by other cities for the moving of buildings,
the City of Cypress is slightly higher than average.
In answer to an inquiry from Councilman Harvey, the City Manager advised
that the hours for moving of buildings are established by the Police
Department.
It was moved by Councilman Harvey, seconded by Councilman Kanode 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 ARTICLE III, SECTIONS 5-5 THROUGH 5-11 OF THE
CYPRESS MUNICIPAL CODE RELATING TO MOVING OF BUILDINGS.
It was moved by Councilman Harvey and seconded by Councilman Kanode 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
CONSIDERATION OF REQUEST FOR CHANGE ORDER TO CONTRACT FOR INSTALLATION OF
COMMUNICATIONS CONSOLE: The City Manager presented a report dated
July 5, 1968, requesting authorization to initiate a change order to the
Contract with Mobile Radio, Inc., to provide for the relocation of the
small unit which was replaced in the Police Department by new equipment
to the Los Alamitos Race Track to provide radio communications from the
police facility at that location. This transfer of equipment could be
completed at a cost not to exceed $600 and would allow for police cormnu-
nications from the Race Track with the headquarters station, with all
police units in the field, and with the Orange County Communications
Control Center.
It was moved by Councilman Kanel and seconded by Councilman Harvey to
authorize a change order to the existing contract with Mobile Radio, Inc.,
in the amount of $600 for the relocation of the existing Communications
Console from the Police Department to the Los Alamitos Race Tract police
facility. 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
July 8~ 1968
CONSIDERATION OF REQUEST FOR AUTHORIZATION TO PURCHASE OFFSET DUPLICATOR:
The City Manager presented a report dated July 5, 1968, reviewing the
results of an analysis completed by the City Manager's office tO determine
which of the various types of offset duplicating equipment would best
serve the needs of the City which indicated that the most adaptable
equipment for the proposed uses in the City of Cypress would be the
Multilith Offset Model 1250 Duplicator manufactured by the Addressogtaph
Multigraph Corporation, the total cost of which is $4,113.38, including
tax. The report also indicated that inasmuch as the City Manager was
advised that a price change for purchase of this equipment would be made
in July of 1968, increasing the cost by $500, an order was placed for
this equipment prior to the end of the fiscal year to insure saving the
$500 price increase.
It was moved by Councilman Noe and seconded by Cotmcilman Kanel to
authorize the purchase of the Multilith Offset Model 1250 Duplicator,
at a cost of $4,113.38 from Addressograph Multigraph Corporation,
4001 Atlantic Avenue, Long Beach, California. The motion was unani-
mously 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 REQUEST FOR APPROVAL OF SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE FOR BIDS--TWO PICK-UP TRUCKS: The City Manager presented
a report dated July 2, 1968, outlining the need to purchase two three-
quarter ton pick-up trucks to be used in the parkway section and storm
drain section of the Public Works Department, and transmitting a set of
specifications for the trucks.
It was moved by Councilman Harvey and seconded by Councilman Noe to approve
the specifications for two three-quarter ton pick-up trucks and to
authorize the City Clerk to publish separate notices inviting bids for the
pick-up trucks with one of the trucks to be equipped with a life gate
with bid opening to be at 10:00 a.m. on August 20, 1968, and contract to
be awarded on August 26, 1968, and with delivery for both trucks to be
within forty-five (45) days after award of contract. 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 REQUEST FOR ADDITIONAL ENGINEERING FEES--WALKER-
GRINDLAY STORM DRAIN: The City Manager presented a report dated
July 5, 1968, reviewing a request from Toups Engineering for an increase
in the amount of $1,850 in the engineering fees for the design of the
Walker-Grindlay Storm Drain. This increase was necessitated due to the
fact that extensive revisions were required in the existing engineering
date for the design and construction engineering for this project which
subsequently required engineering design of a more elaborate drainage
system than was originally anticipated.
The requested increase represents 6.6% of the total construction cost and
the Public Works Department feels this requested increase is justified and
is well below the normal engineering fees which would be requested for the
design of the storm drain facility. The additional services also have
provided the City with a complete design for future drains which will be
required in Walker Street at a later date. These additional fees will
be paid by Larwin Company as a part of the total storm drain facilities
cost under a reimbursement agreement.
It was moved by Councilman Kanel and seconded by Councilman Harvey to
grant the request of Toups Engineering and increase the engineering fees
to an amount of $6,550 for the design and construction engineering df the
Walker-Grindlay Storm Drain. 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
July 8, 1968
CONSIDERATION OF APPOINTMENT OF PLANNING COMMISSIONERS: The City Manager
presented a report dated July 5, 1968, indicating that the Planning
Commission terms of Cormnissioner Ernest Holden and Comanissioner Henry
Hickey will expire on August 5, 1968, and advising that both Commissioners
are eligible for consideration for reappointment since neither has com-
pleted two full terms in office.
It was moved by CouDcilman Noe, seconded hy Councilman Kanel and
unanimously carried to continue this item for consideration at the
conclusion of the m~eting.
CONSIDERATION OF REQUEST FOR AUTHORIZATION FOR CITY ATTORNEY TO SERVE ON
SUBDIVISION COMMITTEE: The City Manager presented a report dated July 5,
1968, advising that the Cypress City Attorney, James Erickson, has been
invited to serve on a joint committee of the County Supervisors Association
and the California League of Cities which is proposed to be established for
the purpose of revising the State Subdivision Map Act and indicating that
the City Attorney is requesting authorization to serve on this committee
representing the City of Cypress as City Attorney. There will be no
expenditure of funds required in reference to this appointment.
It was moved by Councilman Noe, seconded by Councilman Kanode and
unanimously carried, to officially authorize Cypress City Attorney James
Erickson, to serve on the Subdivision Map Act Review Committee of the
County Supervisors Association and California League of Cities.
CERTIFICATION OF EMPLOYMENT LIST--MAINTENANCE MAN I: The City Manager
presented a report dated July 3, 1968, setting forth the results of an
open competitive examination which was conducted for the position of
Maintenance Man I.
It was moved by Councilman Harvey, seconded by Councilman Noe and
unanimously carried, to certify the list for Maintenance Man I as submitted.
CERTIFICATION OF EMPLOYMENT LIST--POLICE SERGEANT: The City Manager
presented a report dated July 5, 1968, setting forth the results of a
promotional examination which was conducted for the position of Police
Sergeant.
It was moved by Councilman Kanode, seconded by Councilman Harvey and
unanimously carried to certify the employment list for Police Sergeant as
submitted.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 19242
THROUGH 19317: Councilman Kanode indicated that the Warrant on the subject
List which listed him as Claimant was for luncheon meetings at the
Southern California Association of Governments during the months of May
and June.
He further indicated that the Audit Committee had felt that a policy
should be established by the Council relative to the amount requested in
Warrant No. 19282 for June expenses for Commissioner Ernest Holden.
It was moved by Councilman Kanel and seconded by Councilman Noe to approve
the Commercial Warrant List for Warrunts 19242 through 19281 and 19283
through 19317. 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
ORAL COMMUNICATIONS:
There were no oral con~nunications presented at this time.
EXECUTIVE SESSION:
It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously
carried to go into an executive session at 10:05 p.m. for the purpose of
discussing personnel matters. The meeting was called back to order ~
11:30 p.m., all City Councilmen being present.
July 8~ 1968
423'
Upon the request of the City Manager, it was moved by Councilman Noe,
seconded by Councilman Bowen and unanimously carried, to place considera-
tion of authorization for the City Attorney to serve on the City Attorneys'
Resolutions Committee of the League of California Cities on the agenda at
this time.
The City Attorney advised that he had been invited to serve on the Reso-
lutions Committee of the City Attorneys' Division of the League of
California Cities which will review resolutions in reference to legis-
lation proposed by the City Attorneys' Division for consideration by the
general membership of the League of California Cities.
Following discussion during which it was indicated that no expenditure of
funds would be required, it was moved by Councilman Noe, seconded by
Councilman Kanode and unanimously carried, to authorize the City
Attorney to serve on the Resolutions Committee of the City Attorneys'
Division of the League of California Cities.
ADJOURNMENT:
There being no further business to come before the City Council, it was
moved by Councilman Noe, seconded by Councilman Kanode and unanimously
carried to adjourn at 11:45 p.m. to 4:00 p.m. on Monday, July 15, 1968,
in the Administrative Conference Room of the Civic Center, 5275 Orange
Avenue, Cypress.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
July 8, 1968