Loading...
Minutes 68-10-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 14, 1968 The regular meeting of the Cypress City Council was called to order at 4:03 p. m. on Monday, October 14, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard L. Bowen presiding. PRESENT: ABSENT: Councilmen Kanel, Kanode, Noe and Bowen Councilman Harvey Also present were City Manager/City Clerk Dartell Essex, Assistant City Attorney Len Hampel, and Administrative Assistants Gene Poertner and Douglas Dunlap. Upon the request of the City Manager, it was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried,to place consideration of certification of the employment list for Crossing Guard, as Item 21(a) on the evening portion of t~e 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 installation of a stop sign on Reefton Avenue at Tahiti Drive as Item 23 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 consideration of the certification of right-of-way on the Katella Avenue project as Item No. 24 on the evening portion of the City Council Agenda. The City Manager presented a communication dated October 11, 1968 from the Association of Cypress Teachers inviting the City Council to attend a general meeting of the Association of Cypress Teachers on Thursday, October 17, 1968 at 7:30 p.m. in the Cypress School Auditorium to hear speakers on Proposition 9. At this time Mayor Bowen acknowledged the presence of the Fourth and Fifth Graders from Landell School in Cypress and explained to them the procedures followed by the City Council in the conduct of a City Council meeting. MINUTES: It was moved by Councilman Kanode and seconded by Councilman Noe to approve the Minutes of September 23, 1968 as mailed. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place the Minutes of the Joint Meeting with the Planning Commis- sion held on September 23, 1968 on the Agenda for consideration at this time. It was moved by Councilman Noe and seconded by Councilman Kanel to approve the Minutes of the Joint Planning Commission and City Council Meeting held September 23, 1968 as mailed. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey City Council Minutes October 14, 1968 It was moved by Councilman Noe and seconded by Councilman Kanode to approve the Minutes of the adjourned regular meeting of October 2, 1968 as mailed. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to proceed to Item 5 on the Agenda at this time. qOMMUNICATION FROM CITIES OF ANAHEIM~ BREA AND PLACENTIA RE: OPPOSITION TO COUNTY PROPOSAL TO BUILD AND EQUIP FIRE STATION WITH COUNTY GENERAL FUNDS: The City Manager presented communications transmitting Resolutions from the Cities of Anaheim, Brea and Placentia opposing the proposal that Orange County build and equip a fire station in any municipality in Orange County with funds from the General Fund of the County. The City Manager indicated that this action seems to have been pronnpted by the proposal of the Cities of Cypress, Los Alamitos and La Palma to create a fire service area in the western portion of Orange County. The City Manager further advised that this matter now is in the process of being studied by both a committee of the Orange County Division of the League of California Cities and by the Chief Administrative Officer of Orange County and that these studies should clarify issues involved in creating a fire service area and for building and equipping fire stations for cities under contract with the County Fire Warden's Office for fire service. It was moved by Councilman Noe to authorize the City Manager to communicate with the Cities of Anaheim, Brea and Placentia as to the methods proposed to be utilized in financing and equipping the proposed fire service area. Councilman Kanode seconded the motion inquiring as to whether or not the statement relative to recent State legislation which allows for adjoining cities to share on a percentage basis the sa~s tax revenues which are de- rived from the taxpayers of two jurisdictions, would be included in the commu- nications. It was generally agreed that this statement would be included in the communication to the City of Anaheim only, since this is the only city of the three whose limits are contiguous to those of the City of Cypress. Following a suggestion from Councilman Kanel to send a similar letter to all Cities in Orange County, the City Manager indicated that he would wish to await receipt of the results of the studies being conducted by the League of Cities and the County Administrative Office outlining the scope of the pro- posal prior to transmitting such a communication. In response to a question from Councilman Kanel, the City Manager indicated that the Cities of Los Alamitos and La Palma have taken no action relative to these Resolutions. Following further discussion, Councilman Noe's motion was unanimously carried. COMMUNICATION FROM THE COMMUNITY ADVOCATE RE: PROPOSITION NO. 1: The City Manager presented a communication dated September 30, 1968 from Mr. Gale Brandon, Publisher of the Community Advocate Newspaper requesting the City Council's endorsement of Proposition No. 1, which is the second phase in the revision to the California Constitution. Following general discussion, it was moved by Councilman Kanode and seconded by Councilman Noe to receive and file this communication. Councilman Kanel stated that he did not feel the City Council should become involved in matters relating ~o the revision of the State Constitution, following which Councilman Kanode's motion was unanimously carried. City Council Minutes October 14, 1968 COMMUNICATION FROM CALIFORNIANS FOR MODERN HOSPITALS RE: PROPOSITION NO. 5: The City Manager presented a conmunication and information pamphlet dated September 30, 1968 from Mr. Lawrence T. Cooper, Chairman of Californians for Modern Hospitals, which is a support group for Proposition 5 on the November ballot and is concerned with the financing of non-profit hospitals in the State. It was moved by Councilman Kanode, seconded by Councilman Noe and unani- mously carried, this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: BOARD OF TRUSTEES MINUTES: The City Manager reviewed a communication dated October 4, 1968 from Mr. Jack H. Kimball, District Manager of the Orange County Mosquito Abatement District, transmitting a copy of the Minutes of the meet- ing of the Board of Trustees held September 19, 1968. A copy of these Minutes will be on file in the office of the City Clerk. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried, this communication be received and filed. COMMUNICATION FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RE: APPLICATION REVIEW FOR CITY URBAN DESIGN ELEMENT OF GENERAL PLAN: The City Manager reviewed a communication dated October 3, 1968 from Mr. Wilber E. Smith, Executive Director of the Southern California Association of Governments, transmitting a grant application review for the City's Urban Design Element of the General Plan which indicates that on September 26, 1968, the Executive Committee of the Southern California Association of Governments certified that the proposed project is not inconsistent with the regional plans, poli- cies and programs being developed by the Association. The City Manager ad- vised that this is a favorable recommendation and will be forwarded with the City's application for the Planning Grant. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried, this communication be received and filed. COMMUNICATION FROM DIVISION OF HIGHWAYS RE: VOLUMES I AND II OF PUBLIC HEARING ON HUNTINGTON BEACH FREEWAY: The City Manager reviewed a communi- cation dated October 4, 1968 from Mr. A. C. Birnie, Deputy District Engi- neer of the State Division of Highways, transmitting a copy of Volumes I and II of the record of the California Highway Cormnission Public Hearing held on July 26, 1968 in regard to the routing of the Huntington Beach Freeway. These reports are on file in the office of the City Clerk. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried, this communication be received and filed. COMMUNICATION FROM CYPRESS CULTURAL ARTS ASSOCIATION RE: PROCLAMATION OF NOVEMBER AS CYPRESS CULTURAL ARTS ASSOCIATION MONTH: The City Manager re- viewed a communication dated October 8, 1968 from Mrs. Louis Ribman, President of the Cypress Cultural Arts Association, requesting the City Council to annually proclaim November as Cypress Cultural Arts Associa- tion month as a gesture in fostering recognition and appreciation of the Arts within the City of Cypress. The Cypress Cultural Arts Association further pledged to display their art work in the Civic Center each November~ The City Manager indicated that the Association has reserved the months of November and December of this year for their art exhibit. It was moved by Councilman Kanode and seconded by Councilman Noe to grant the request of the Cypress Cultural Arts Association and proclaim the month of November as Cypress Cultural Arts Association Month in the City of Cypress~ Councilman Kanode indicated that the monthly art exhibits within the Civic Center have brought recognition to the City of Cypress in that the City Hall is listed as a location in which cultural exhibits are dis- played~ Cit7 Council Minutes October 14, 1968 Councilman Kanode's motion was then unanimously carried, following which Mayor Bowen proclaimed November, 1968 as Cypress Cultural Arts Association month in the City of Cypress. The City Manager indicated that a notation would be made in the City Clerk's files to annually present this request for a proclamation before the City Council° COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: PROPOSITION i-A: The City Manager presented a conmunication dated October 4, 1968 from Mr. Richard Carpenter, Executive Director and General Counsel of the League of California Cities, outlining the contents of Proposition l-A, which pro- vides for $261 million in property tax relief, and urging the City Council to support this measure as a positive tax reduction program as compared to the fiscal chaos which would be created by voter approval of Proposition No. 9. In answer to inquiries from Councilman Kanode, the Assistant City Attorney indicated that he has not reviewed the context of Proposition 1-A to deter- mine its impact upon city government; however, it does not appear to con- tain any provisions which would be d~trimental tO city government. Following discussion, it was moved by Councilman Noe, seconded by Council- man Kanode and unanimously carried, this con~nunication be received and filed. RECESS: The Mayor declared a recess at 4:53 p. m. The meeting was called back to order at 5:06 p. m., with all City Councilmen being present with the exception of Councilman Harvey. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: PROPOSITION 7: The City Manager presented a conmunication dated October 4, 1968 from Mr. Richard Carpenter, Executive Director and General Counsel of the League of Call fornia Cities, urging the City Council to support Proposition No. 7, which authorizes the State Legislature to permit the use of State funds for local purposes. The City Manager advised that the State now returns to the cities various revenues which had previously been local revenues used for local government purposes; and, without the approval of Proposi- tion No. 7, the City will be required to use these State funds for State purposes. The measure would also permit the State Legislature, rather than the Courts, to determine how State collected funds allocated to local government should be expended. The City Manager indicated that approval of this legislation would affect the distribution of gas tax and cigarette tax. Councilman Kanode indicated that although he is basically opposed to City's issuing statements in support of amendments to the State Constitu- tion, he feels that this amendment is necessary to efficient operation of city government and moved to support Proposition No. 7. Councilman Noe seconded the motion indicating that he concurred with Councilman Kanode's statements. Councilman Kanel stated that although he is personally in favor of Proposi- tion No. 7, he does not feel that the Council should sponsor or oppose amendments affecting the State Constitution. Councilman Kanode's motion was then carried by the following roll call vote: AYES: 3 COUNCILMEN: Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey ABSTAINED: 1 COUNCILMEN: Kanel City Council Minutes October 14, 1968 The City Manager indicated that the joint meeting with the Cypress Junior College staff will be held on November 25, 1968. Councilman Kanode stated that he had held a discussion with one of the board members of the North Orange County Junior College District who suggested that the Council may wish to consider holding a joint meeting with the Board of Trustees. Following discussion, it was generally agreed that the City Manager would extend an invitation to the Board of Trustees of the North Orange County Junior College District to attend the joint meeting between the City Coun- cil and the Cypress Junior College Staff members. Upon advisement by the City Manager that the Lions Club had indicated an interest in sponsoring Youth in Government Day and had tentatively selected Tuesday, Noven~oer 19, 1968, 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 Noe, seconded by Councilman Kanode and unani- mously carried to establish Tuesday, November 19, 1968 as Youth in Govern- ment Day to be sponsored by the Cypress Lions Club. The City Manager advised that the Cypress Junior College Student Council has received acknowledgement from the National Municipal League of receipt of the nomination of the City of Cypress for the All America City Award. There have been over 300 applications submitted and the 22 finalists will be selected by the latter part of October. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to place considera- tion of the transfer of $66,000 for drainage facilities on Moody and Orange on the agenda as Item No. 25. In response to a request from the City Manager, it was moved by Council- man Noe, seconded by Councilman Kanode and unanimously carried to place consideration of the transfer of $11,292.92 from the Reserve for Capital Improvements to the Miscellaneous Street Improvements account on the agenda as Item No. 26. EXECUTIVE SESSION Upon the request of the City Manager, it was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to go into an Execu- tive Session at 4:18 p.m. for the purpose of discussing personnel matters. The meeting was called back to order at 5:59 p.m., with all City Council- men being present, with the exception of Councilman Harvey. RECESS: It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to recess at 6:00 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. in the City Coun- cil ChaSers, 5275 Orange Avenue, Cypress, with the following in atten- dance: PRESENT: ABSENT: Councilmen Kanel, Kanode, Noe and Bowen Councilman Harvey Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, Administrative Assistants Gene Poertner and Douglas Dun- lap, Planning Director George Putnam, Public Works Director Arthur City Council Minutes October 14, 1968 Schatzeder, Police Chief George Savord, and Finance Director Jim Grissom. PRESENTATION OF CERTIFICATES OF ACHIEVEMENT TO BEAUTIFICATION POSTER CONTEST WINNERS: Mayor Bowen, with the assistance of Mrs. Theodore Bentley, Chairman of the Poster Contest, presented Certificates of Achievement to the eighteen winners of the "Clean Up" Poster Contest, which was conducted in all the Cypress Elementary Schools in conjunction with the "Beautification Day" activities~ The Mayor then congratulated each of the children on behalf of the City Council for their efforts in participating in this Beauttfication activity. RECESS: The Mayor declared a recess at 7:45 p. m. The meeting was called back to order at 7:50 p. m., all City Councilmen being present, with the exception of Councilman Harvey. ORAL COMMUNICATIONS: tLawaiian Mr. Pete Van Ruiten, 9342 Bloomfield Street, Gardens addressed the Council, inquiring as to the reason he is being required to bore through Bloomfield Street to install a sewer line rather than being allowed to open cut the street. The City Manager reviewed the policy of the City in not allowing contrac- tors or other parties to open cut a street which has been recently im- proved~ The Public Works Director further indicated that boring is re- quired when no obstructions are in existence at the location to be im- proved~ He further stated that this requirement is placed on all permits when conditions require. In response to a question from Councilman Kanel, the Public Works Director stated that there would be increased costs involved for the person install- ing the sewer. He further indicated that a portion of the work would be within the City limits of the City of Hawaiian Gardens, and that in his discussions with the City of Hawaiian Gardens, it was his understanding that the boring requirement would also be placed on the permit to be ob- tained from that City. Following further general discussion, it was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to place this matter on the agenda for consideration after the Public Hearings. PUBLIC HEARING RE: APPEAL OF PLANNING CQMMISSION'S IMPOSITION OF CONDI- TIONS ON THE APPROVAL OF CONDITIONAL USE PERMIT NO. C-214 (AMERICAN LEGION CYPRESS POST 295 ): The Mayor announced this was the time and place for the Public Hearing to consider an appeal of the action of the Planning Commission in its imposition of conditions on the approval of Conditional Use Permit No. C-214, as requested by Mr. Carl F. Trautman, 9761 South Walker Street, Cypress, for the American Legion Cypress Post 295, located at 9739 South Walker Street, Cypress, known as Conditional Use Permit No, C-214~ The Mayor declared the Public Hearing open and re- quested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated October 9, 1968, indicating that the affidavits of posting, publi- cation and mailing of the Public Hearing notices on this appeal are on file in the office of the City Clerk and no written communications either in favor of or in opposition to the appeal have been received. The Planning Director read into the record of the Public Hearing a re- port dated October 10, 1968,outlining the action of the Planning Commis- sion in its imposition of eleven conditions on the approval of the Per- mit and reviewing the extent and scope of each of the conditions. City Council Minutes October 14, 1968 The Mayor asked if anyone in the audience wished to speak in favor of the appeal. Mro Bob Shanahan, Post Conmander of American Legion Cypress Post 295, 5632 Marcella Circle, Cypress, addressed the Council stating that he did not feel the Legion's request for a Club License was such that should warrant the imposition of all the conditions as imposed by the Cypress Planning Commission, The City Attorney then reviewed for the Council and audience the criteria the City Council must utilize in making a decision relative to whether or not to grant the appeal. Mr~ Shanahan then stated that the property under discussion is not being developed for a new use, but rather for the same use and indicated that the American Legion feels the conditions imposed would be too stringent on the owner of the property. Mr. Jack C. Leneker, 4504 Middlebury Circle, Cypress, addressed the Coun- cil speaking in favor of the appeal and introducing into the record of the Public Hearing a map indicating the location of the American Legion in relation to the surrounding streets and residences. Mr. Leneker further indicated that the various conditions imposed by the Planning Cor~nission were pertinent to new developments, but he did not feel the building rented for the American Legion Hall could be described as a new develop- ment and, therefore, did not feel requirements would apply in this parti- cular instance. In connection with the use of the building for the American Legion Hall, Mr. Leneker advised that the Legion had anticipated using this building for only two more years, at which time they would be building their permanent facility. He also stated that representatives of the American Legion did not appear at the Public Hearing held before the Planning Commission due to the fact that the American Legion did not receive notification of the Public Hearing until the night of the meeting. The City Manager explained the purpose of imposing conditions on the approval of Conditional Use Permits and indicated that the conditions im- posed on the subject Permit were standard conditions imposed on the appro- val of all Conditional Use Permits. The City Manager further stated, however, that since the applicant has indicated that the subject use of the property by the American Legion is of a temporary nature, the subject Permit could be granted for a limited period of time with the imposition of only those conditions which are necessary for the health and safety of those persons using the facility. Mr. Leneker stated that if the American Legion were intending to develop the subject property as a permanent headquarters, they would be happy to meet the original conditions; however, since it is a temporary use, the American Legion did not feel the conditions were fair. At this time, Mayor Bowen and Councilman Kanel stated for the record that they are members of the American Legion Cypress Post 295. Mr~ Art Hernandez, 4441 Nestle Avenue, Cypress, addressed the Council requesting a clarification of a statement made in the report presented by the Planning Director relative to the American Legion allowing other organizations to utilize the American Legion Hall. Mr. Hernandez further inquired as to whose responsibility the planting of parkway trees would be. Mr. George Coltz, 4451 Nestle Avenue, Cypress, addressed the Council indi- cating that the American Legion could not operate without the license requested under the subject Conditional Use Permit since the Legion is dependent upon the sale of alcoholic beverages to cover its operational expenses. City Council Minutes October 14, 1968 In response to a question from Councilman Kanel, the City Manager reviewed the conditions which could be waived and which do not relate to permanent developments or uses. General discussion ensued relative to the parking lot requirement for lodges and clubs, following which the Planning Director reviewed the appropriate section of the City Code regarding this matter. In response to an inquiry from Councilman Kanode, the City Attorney indi- cated that if there is a major change in the use of the American Legion Hall, such as expansion, etc., the American Legion would be required to apply for a new Conditional Use Permit because the new use would automati- cally differ from that originally approved~ There being no written communications and no oral protests, the Mayor de- clared the Public Hearing closed. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Noe to grant the appeal filed by the American Legion Cypress Post 295 on the conditions imposed by the Cypress Planning Conmission on the approval of Conditional Use Permit No. C-214 and to approve the Condi- tional Use Permit subject to the following conditions: All building requirements shall be met within ninety (90) days of the date of issuance of the Permit. 2~ The parking lot, if required, shall be constructed of aspbaltic concrete and parking stalls shall be striped per City standards. 3~ Drainage shall be to the satisfaction of the City Engineer. 4. Parking space requirements of the Zoning Ordinance shall be met. 5. The Permit shall be issued for a period of two years which will expire on October 14, 1970. A modification of this Conditional Use Permit shall be secured before any building structures or uses other than those described in the Plot Plan submitted with the application for this Condi- tional Use Permit are established. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, Kanode, Noe and Bowen None Harvey Mro Leneker addressed the Council thanking them for their action in this matter and requesting that notification from the City be sent to the Alcoholic Beverage Control Board. RECESS: The Mayor declared a recess at 9:04 p. m~ The meeting was called back to order at 9:15 p.m. with all City Councilmen being present with the excep- tion of Councilman Harvey. PUBLIC HEARING RE: REVOCATION OF CONDITIONAL USE PERMIT NO. C-180 (GERALD M. LAYER: The Mayor announced this was the time and place for the Public Hearing to consider the revocation of Conditional Use Permit No. C-180 (Gerald Mo Layer, 2731 Whidby Lane, Anaheim, applicant), to allow the ser- vice of alcoholic beverages on the premises at 4114 Lincoln Avenue, Cypress; said revocation as provided in Section 120.8 "Termination of Conditional Use Permit" of the Zoning Ordinance No. 90, initiated by the Cypress Planning Conmission, upon request of Cypress City Council. The Mayor City Council Minutes October 14, 1968 declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated October 9, 1968 indicating that the affidavits of posting, publication and mailing of the Public Hearing notices are on file in the office of the City Clerk and no written communi- cations either in favor of or in opposition to the revocation of this Conditional Use Permit have been received. The Planning Director read into the record of the Public Hearing a report dated October 10, 1968 reviewing the action taken by the Planning Commission in making its determination that the operation at 4114 Lincoln Avenue, Cypress, is, in fact, not consistent with that for which the aDDli- cant originally applied and that from evidence presented by the Police Department, the operation is being conducted in such a manner as to be a public nuisance and detrimental to the public health and safety. The Planning Director further reviewed a report dated September 19, 1968, which had been presented to the Planning Commission reviewing the various conditions which had been imposed on the approval of the Conditional Use Permit. Also transmitted for the City Council's consideration was a trans- cript of the public hearing before the Planning Commission at its meeting of September 19, 1968, which was introduced into the record of the City Council's Public Hearing. It was moved by Councilman Kanel and seconded by Councilman Noe to incor- porate the verbatim transcript of the Planning Con~nission's action con- cerning the revocation of Conditional Use Permit No. C-180,as well as the report dated September 16, 1968 considered by the Planning Commission at its meeting of September 19, 1968,into the record of the City Council Public Hearing. The motion was unanimously carried by the following ~o~ call vote: AYES: 4 COUNCILMEN: Kanel, Kenode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey At this time, Sergeant Straske of the Cypress Police Department summarized his statements which were presented at the Planning Commission meeting of September 19, 1968 concerning the investigations conducted by the Police Department at the Squirrel Cage and the problems of police control en- countered at this location due to the lack of visibility into the parking lot of the beer bar from the adjacent streets. The Mayor asked if anyone in the audience wished to speak in favor of revocation of this Conditional Use Permit. Mr. Donald Robins, Carlyle Court, Cypress, addressed the Council speaking in favor of revocation of Conditional Use Permit No. C-180 due to the type of individuals who are attracted to this establishment. In response to a question from Councilman Kanode, the City Attorney ad- vised that this Conditional Use Permit covered only the use of the beer bar and, therefore, revocation would affect only that particular use and would have no effect on the other establishments on the property. Mayor Bowen stated that he had received complaints from citizens who patronize the shops adjacent to the Squirrel Cage who have indicated their concern in shopping in this area due to the type of persons patronizing the Squirrel Cage. In response to a question from Councilman Kanel, the City Attorney ad- vised that the owner has received notification of these proceedings and apparently has had no objection to the revocation of the Permit. City Council Minutes October 14, 1968 There being no written communications, no oral protests and no representa- tives of the applicant in the audience, the Mayor declared the Public Hear- ing closed. It was moved by Councilman Kanode and seconded by Councilman Noe to revoke Conditional Use Permit No. C-180. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey In answer to a question from Councilman Kanel, the City Attorney advised that the person who is managing the business operation at the Squirrel Cage does not by law have to be notified of the revocation proceedings. PUBLIC HEARINC RE: AMENDMENT TO ZONING ORDINANCE NO. 90 TO AMEND DEFINI- TION OF "RESTAURANT" AND ADD DEFINITION OF "COCKTAIL LOUNGE" AND "BAR": The Mayor announCe~ ~his was the time and pl ace for the Public Hearing to consider amending the definition of the word "Restaurant" and adding definitions of "Cocktail Lounge" and "Bar" in Section 102 of Ordinance No. 90, the Zoning Ordinance of the City of Cypress, initiated by the Cypress Planning Commission at the request of the City Council. 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 October 9, 1968, indicating that the affidavits of posting and publication of the Public Hearing nc~ces on this amendment are on file in the office of the City Clerk and no written communications either in favor of or in opposition to the amendment have been received. The Planning Director reviewed the action taken by the Planning Conmnission in recommending approval of the proposed amendments to the Zoning Ordinance. In response to a question from Mayor Bowen, the City Attorney explained that with this amendment, there would be no specified amortization period for elimination of existing beer bars which are located adjacent to simi- lar uses. The purpose of this amendment is to prohibit the location of additional beer bars within the City limits. The City Attorney then ex- plained that, if a non-conforming use of land is expanded in any way either on the same or adjoining property, and, if such non-conforming use of land is discontinued for a period of 180 days, any further use of the land for the non-conforming use could be terminated by the City. Following general discussion, the City Manager reviewed Section 122 of the City Code regarding the Planning Commission's authority to terminate a non-conforming use, if it is found to be detrimental to the health, safety and general welfare of the public. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Noe and seconded by Councilman Kanode to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey City Council Minutes October 14, 1968 Title of the Ordinance is as follows: ORDINANCE NO.__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE DEFINITION OF THE WORD "RESTAURANT" AND ADDING DEFINITIONS OF "COCKTAIL LOUNGE" AND "BAN" IN SECTION 102 OF ORDINANCE NO. 90, THE ZONING ORDINANCE OF THE CITY OF CYPRESS. It was moved by Councilman Noe and seconded by Councilman Kanel to adopt the first reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kenode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF REQUEST FROM MR. VAN RUITEN TO OPEN CUT BLOOMFIELD STREET FOR INSTALLATION OF A SEWER LINE: Discussion resumed regarding Mr. Pete Van Ruiten's request to open cut across Bloomfield Street rather than bor- ing through the stree~ which is a more costly operation. In response to a question from Mr. Van Ruiten, the Public Works Director explained that where open cut has been performed on newly-paved streets, it has been done so because of the existence of underground utilities, which would hamper boring operations. Since Mr. Van Ruiten made reference to a particular operation on Orange Avenue, the City Manager explained that the Telephone Company had been authorized to open cut across Orange Avenue only after it had been discovered that it was impossible to bore through Orange due to the existence of underground lines. General discussion was held relative to the requirements of the City of Hawaiian Gardens relative to open cutting across Bloomfield, following which Mr~ Van Ruiten indicated that if the City of Cypress were to allow him to open cut across Bloomfield Street, he would be able to obtain the permission to do the same from the City of Hawaiian Gardens. Following questions from the Council, the Public Works Director advised that he had been in contact with the City of Hawaiian Gardens and it had been agreed that it would be better to require boring operations across Bloomfield Street, Following considerable discussion, it was moved by Councilman Kanel and seconded by Councilman Kanode to instruct the Staff to inform the City of Hawaiian Gardens that the City of Cypress does not object to Mr. Van Ruiten open cutting across Bloomfield Street from the east side to the west side to install the sewer line, provided the City of Hawaiian Gar- dens does not object. The following roll call vote was taken on Council- man Kanel's motion: AYES: 2 COUNCILMEN: Kanel and Kanode NOES: 2 COUNCILMEN: Noe and Bowen ABSENT: 1 COUNCILMEN: Harvey The motion failed to carry. Further discussion ensued regarding this matter; however, no action was taken at this time, City Council Minutes October 14, 1968 CONSIDERATION OF AGREEMENT WITH STATE OF CALIFORNIA FOR INSTALLATION OF TRAFFIC SIGNAL AT BLOOMFIELD AND LINCOLN: The City Manager presented a report dated October 10, 1968, outlining the necessity to enter into an Agreement with the State Division of Highways for the construction of the traffic signal and safety lighting at the intersection of Bloomfield Street and Lincoln Avenue° The Agreement provides for the State to furnish the traffic control signal system and to bear the expense of preparation of plans and speci£ications,with the City to participate to the extent of one third of the cost of the construction contract and the construction engineering costs which include field staking and inspection. The install- ation of this traffic signal, of which the City's share is estimated to be $8,000, will be coordinated with the installation of another signal on Lincoln Avenue in the City of Hawaiian Gardens~ Fae Agreement further provides that the State shall operate and maintain the signal after construction in accordance with the Agreement for Maintenance of State Highways in the City which is presently in effect. In response to a question from Mayor Bowen, the Public Works Director indicated that this signal would not be completed until after January of 1969~ It was moved by Councilman Kanel and seconded by Councilman Kanode to adopt the following Resolution, title as follows: RESOLUTION NO~ 907 A RESOLUTION OF THE CITY COUNCIL OF APPROVING AGKEEMENT FOR MAINTENANCE IN THE CITY OF CYPRESS. THE CITY OF CYPRESS OF STATE HIGHWAY The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, Kanode, Noe and Bowen None Harvey CONSIDERATION OF REPORT ON STATUS OF FIRE SERVICE AREA PROPOSAL: The City Manager presented a report dated October 10, 1968, transmitting a report from the County Administrative Officer which had been considered by the Orange County Board of Supervisors prior to adopting a Resolution of appli- cation to the Local Agency Formation Cormnission, requesting formation of a fire service area in western Orange County to be known as Tri-Ctties County Service Area No~ 15. The Board of Supervisors took no action on the con- struction and equipping of the proposed fire station until further studies are made on the appropriate fire protection cost allocation. The City Manager further reviewed the results of a meeting held with the City Managers from Cypress, La Palma, and Los Alamitos, the County Fire Warden and representatives from the County Administrator's Office to dis- cuss which methods of financing that will be used to construct and equip the proposed fire station. He also stated that a decision should be forthcoming from the County Auditor's Office relative to this problem prior to December 1, 1968, which should allow sufficient time to decide whether or not the City Council concurs with the financial recommendation of the County and wishes to proceed with the District. The City Manager also advised the Council of an opinion from the County Counsel's office which indicated that the County is required to provide all structural fire service at no additional cost. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried this report be received and filed. City Council Minutes October 14, 1968 In response to a question from Councilman Kanel, Councilman Noe stated that he would not, as a member of the Local Agency Formation Cormnission, be allowed to vote on any measures affecting the City of Cypress. CONSIDERATION OF COMMENDATION FOR COMMUNITY SERVICE: The City Manager pre- sented a report dated October 10, 1968, advising of the community service performed by Cub Scout Pack 10 and Boy Scout Troops 10, 76 and 167 under the direction of Sergeant Jerry Shumard of the Cypress Police Department, in distributing emergency stickers containing the telephone numbers of the police and fire services in the City to each home in the community. It was moved by Councilman Noe, seconded by Councilman Kanel and unani- mously carried to authorize the City Manager to forward a letter of commen- dation to Sergeant Shumard, the Scout Leaders and Scouts who participated in this project. CONSIDERATION OF REQUEST TO INITIATE TREE REMOVAL PROGRAM: The City Manager presented a report dated October 10, 1968, outlining the necessity to initiate a tree removal program to remove Evergreen Ash trees in the City which are causing serious damage to curbs, gutters and sidewalks within the City. The report also indicated that due to the size of many of these trees, it would not be possible for the trees to be removed by existing personnel and equipment; and, based upon bids received from outside firms, it is estimated that the removal of these trees would require the expendi- ture of approximately $2,000. In addition, the replacement of the trees would require an additional expenditure of $1,200. The report further suggested the possibility of purchasing a used brush chipper at a cost of $2,400 from the Asplandh Manufacturing Company with which an additional sixty Evergreen Ash trees could be removed by the City personnel. This brush chipper would not only reduce the problems of manually handling the tree branches, but also could be used for the regular tree trimming and pruning operations which are conducted throughout the year. The program as outlined would require an additional appropriation for the purchase of the brush chipper and the replacement of the removed Evergreen Ash trees. The funds required for the removal of the large trees could be acquired from the funds budgeted for the tree trimming program. Following general discussion, it was moved by Councilman Noe and seconded by Councilman Kanode to authorize the use of the budgeted $2,000 in the Parkway Contractual Services Account for the removal of sixty large Ever- green Ash trees rather than for the tree trimming program; and further authorize an additional appropriation of $1,200 to the Parkway Special Supplies Account for replacement of the Evergreen Ash trees and an appro- priation of $2,400 to the Machinery and Equipment Account of the Parkway Section of the Budget. The motion was unanimously carried by the follow- ing roll call vote: AYES: 4 COUNCILMEN: Kanel, Kenode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF RESOLUTION FOR "NO PARKING" ZONE ON VALLEY VIEW FROM ORANGEWOOD SOUTH 1320 FEET TO THE CYPRESS CITY LIMITS: The City Manager presented a report dated October 10, 1968 from the Public Works Director, outlining the necessity to adopt a Resolution establishing a "No Parking" zone on Valley View from Orangewood Avenue south 1320 feet to the Cypress City Limits to facilitate the southbound traffic movement on Valley View due to the location of a model home site on the west curb line. It was moved by Councilman Kenode and seconded by Councilman Noe to adopt the following Resolution by title only, title as follows: City Council Minutes October 14, 1968 RESOLUTION NO. 908 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: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CERTIFICErION OF EMPLOYMENT LIST--PART TIME CUSTODIAN: The City Manager presented a report dated October 10, 1968, reviewing the results of an open competitive examination conducted for the position of Part Time Custodian. It was moved by Councilman Kanel, seconded by Councilman Noe and unani- mously carried to certify the Employment List for Part Time Custodian as submitted. CERTIFICATION OF EMPLOYMENT LIST--POLICE CLERK TYPIST: The City Manager presented a report dated October 11, 1968, reviewing the results of an open competitive examination conducted for the position of Police Clerk Typist. It was moved by Councilman Noe, seconded by Councilman Kanel and unani- mously carried to certify the Employment List for Police Clerk Typist as submitted~ CERTIFICATION OF EMPLOYMENT LIST--STENOGRAPHER: The City Manager presented a report dated October 14, 1968, reviewing the results of an open competi- tive examination conducted for the position of Stenographer. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carr}ed to certify the Employment List for Stenographer as sub- mitted, CERTIFICATION OF EMPLOYMENT LIST--CROSSING GUARD: The City Manager pre- sented a report dated October 14, 1968, reviewing the results of an exam- ination conducted for the position of Crossing Guard. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to certify the Employment List for Crossing Guard as sub- mitted= It was moved by Councilman Kanode, seconded by Councilman Noe and unani- mously carried to proceed to Items 25 and 26 prior to considering Item No. 22 on the agenda at this time. CONSIDERATION OF REQUEST FOR TRANSFER OF FUNDS--ORANGE AVENUE STORM DRAIN: The City Manager advised that it would be necessary for the City to trans- fer funds in the amount of $66,117.15 to the Drainage Fund in order to pro- vide progress payment to the contractor installing the Orange Avenue Storm Drain. This money will be reimbursed to the City from the School District which has agreed to install the improvements under a reimbursement agree- ment. It was moved by Councilman Kanode and seconded by Councilman Noe to authorize the transfer of $66,117.15 from the Reserve for Capital Im- provements in the 1968-69 Budget to the Drainage Fund. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey City Council Minutes October 14, 1968 CONSIDERATION OF REQUEST FOR TRANSFER OF FUNDS--COOPERATIVE PROJECTS (LARWIN COMPANY): The City Manager advised that it would be necessary for the City to transfer funds in the amount of $11,299.92 from the Reserve for Capital Improvements Account to the Miscellaneous Street Improvements Account in order to make payment to Larwin Company for the construction of street improvements beyond the centerline requirement. It was moved by Councilman Kanode and seconded by Councilman Noe to authorize the transfer of funds in the amount of $11,299.92 in the 1968-69 Budget from the Reserve for Capital Improvements to the Mis- cellaneous Street Improvements Account. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 19786 THROUGH 19941: It was moved by Councilman Noe, and seconded by Councilman Kanode to approve the Commercial Warrant List for Warrants No. 19786 through 19941 in the amount of $144,840.67 as submitted. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CONSIDERATION OF INSTALLATION OF STOP SIGN ON REEFTON AT TAHITI DRIVE: The City Manager presented a report dated October 14, 1968 from the Advisory Traffic Committee, advising of the necessity to install a stop sign and appropriate advance pavement markings on Reefton Avenue at Tahiti Drive in order to alleviate the problem at this intersection, which has occurred as a result of high speed and hazardous motor vehicle traffic by persons using the residential streets bordering Peppertree Park. The Advisory Traffic Committee's recorranendation was the result of a petition presented to the Committee from 92 persons residing in the area south of Orangewood Avenue and west of Knott Street. It was moved by Councilman Noe and seconded by Councilman Kanode to adopt the following Resolution, title as follows: RESOLUTION NO. 909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A ONE WAY STOP AT THE INTER- SECTION OF REEFTON AVENUE AND TAHITI DRIVE. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, Kanode, Noe, and Bowen None Harvey CONSIDERATION OF CERTIFICATION OF RIGHT OF WAY FOR KATELLA FROM KNOTT TO 2668 FEET WEST OF VALLEY VIEW (A.H.F.P. PROJECT NO. 403): The City Manager presented a report dated October 14, 1968 from the Public Works Director. indicating that the construction plans and specifications for the Katella Avenue improvement have been submitted to the State for review and that the County Road Department has advised that it would be necessary for the City of Cypress to certify that right of way has been acquired prior to the County receiving authorization to advertise the Project for bid. The report further indicated that the Order of Immediate Possession on the six parcels could be obtained within one day's notice. City Council Minutes October 14, 1968 It was moved by Councilman Noe and seconded by Councilman Kenode to authorize the certification of right of way required for construction of Katella Avenue from Knott Street to 2668 feet west of Valley View Street upon notifi- cation by the City Attorney that the Order of Immediate Possession has been filed° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey ORAL COMMUNICATIONS: Mrs. Virginia Stansbury,9661 Salisbury Lane, Cypress, addressed the Council, indicating that there is a traffic hazard at Yorkshire Drive and Moody Street which is caused by the trees blocking the view, and requesting that these trees be removed. It was generally agreed that this matter be referred to the Staff for investi- gation~ Mr, Donald Robins, 10408 Carlyle Court, Cypress, addressed the Council, re- garding the status of the investigation as to the possibility of dedicating the streets in Midwood Manor to the City. The City Manager reviewed the status of this matter relative to the pro- blems which have been encountered due to the fact that the streets are not dedicated,and indicated that it was felt by the Council and Staff that this matter should be studied further and that a report should be forthcoming to the Council in the near future. Mro Robins expressed concern over the lack of adequate access into Midwood Manor for firetrucks. The City Manager indicated that the major problem in this request for street dedication is that 100% owner approval is required in order for the streets to be dedicated. Mr~ Robins further indicated that he felt the City should review the status of condominium developments to determine methods to prevent these areas from becoming slums. Mrs, Louise Hendrick, 4010 Fielding Court, Cypress, addressed the Council, indicating that although the residents in Midwood Manor pay taxes, they still are required to provide their own street sweeping, tree trimming and other services, which the City provides for other residents in the City. ADJOURNMENT: There being no further business to come before the Council, it was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to adjourn the meeting at 10:55 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS