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Minutes 68-10-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 28, 1968 The regular meeting of the Cypress City Council was called to order at 4:00 p~ m. on Monday, October 28, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard Lo Bowen presiding. PRESENT: Councilmen Harvey, Kanel, Noe and Bowen ABSENT: Councilman Kanode Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Administrative Assistants Gene Poertner and Douglas Dunlap, Building Superintendent Tom Nudson and Public Works Director Arthur Schatzeder~ MINUTES: Following discussion, it was moved by Councilman Noe, seconded by Council- man Kanel and unanimously carried to approve the Minutes of October 14, 1968 as mailed. The City Manager advised that the City was not selected as a finalist in the All America City Award competition, following which general discussion ensued relative to the prospects of the City again entering the competition next year° Councilman Harvey suggested that an area of consideration for future submittals would be the fact that Cypress is in the midst of a fast- growing County and, yet,has been able to maintain an outstanding image in comparison with some of the other cities. The City Manager reviewed the program for the Goals Program Town Hall Meeting, indicating that Mro Clete Roberrs would be the principal speaker and that the Steering Committee estimated an attendance of approximately 200 persons. The City Manager stated that upon the advisement of Dro Dunlap, Mayor Bowen and Commissioner Borders artended the State Planning Board meeting, at which the City's Urban Environmental Study was proposed to be considered. He further indicated that the Board acted favorably on the City's applica- tion and would forward the application to the Department of Housing and Urban Development for their consideration. Mayor Bowen then reviewed the discussions concerning the City's applica- tion which were held during the course of the Planning Board's considera- tion of the Urban Environmental Study, and indicated that the Planning Board did not have a clear understanding of the purpose of the applica- tion and; therefore, had many questions which were answered by the Mayor and by Commissioner Borders° The City Manager advised that the $900,000 drainage bonds had been de- livered on Friday, October 25, 1968, and that the City had invested these funds until such time as they are needed° The City Manager also indicated that the rough draft of the Annual Report had been submitted and a meeting had been scheduled with Mr. Wallach to review the draft and finalize a proof copy, which would then be presented to the Council~ Following a review by the City Manager of a meeting held by representa- tives of the City, the Cypress School District and the Garden Grove School District, which resulted in the decision to maintain the school boundaries as they currently exist, general discussion ensued relative to this meeting. It was then generally agreed that the City Manager should direct a communication to the School Districts summarizing the meeting° City Council Minutes October 28, 1968 The Public Works Director reviewed the need to install street improvements adjacent to the Church of Jesus Christ of Latter Day Saints property on Cerritos Avenue and requested the City Council to consider placing this matter on the agenda at this Council meeting. It was moved by Councilman Noe, seconded by Councilman Kanel and unani- mously carried to place this item on the agenda for consideration as Item No! 19o Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to place a request for Proclamation of November 22, 1968 as "Flame of Hope Day" on the agenda as Item No~ 17(a) o The City Manager and Building Superintendent reviewed for the City Council, a problem which has been encountered in constructing a block wall fence on a reverse corner lot due to a conflict in the provisions of the Zoning Ordinance and Traffic Ordinance~ The Zoning Ordinance requires a 15 foot setback, whereas, the Traffic Ordinance requires a 20 foot setback. In response to an inquiry from Councilman Harvey, the City Manager re- viewed the problems which have been encountered relative to installation of the City Entrance Sign on Lincoln Avenue in front of the Mobile Home Park° RECESS: It was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously carried to recess at 4:58 pomo until 7:30 pomo that evening. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 pom. in the City Council Ghambers, 5275 Orange Avenue, Cypress, with the following in attendance: PRESENT: Councilmen Harvey, Kanel, Kenode, Noe and Bowen ABSENT: None Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Len Hampel, Administrative Assistants Gone Poertner and Douglas Dunlap, Public Works Director Arthur Schatzeder, Planning Director George Putnam, Police Chief George Savord, Finance Director Jim Grissom, Build- ing Superintendent Tom Nudson, and Police Lieutenant Don Amberg. ORAL COMMUNICATIONS: Mro Frank Diskin, 5871 Maxson Drive, Cypress, addressed the Council reviewing problems which he has encountered in having a block wall installed around his property due to conflicts in the provisions of the Zoning Ordinance and Traffic Ordinance° He introduced into the record, for the Councii's information, several charts which indicated the various stages of the problem to date and requested the Council's consideration of applying the provisions of the Zoning Ordinance, which allow a 15 foot setback from property line on reverse corner lots, rather than the provisions of the Traffic Ordinance, which require a 20 foot setback. The reason for his request was based on the fact that trenches had already been dug around his property, according to the provisions of the Zoning Ordinance~ In addition, if he were required to abide by the 20 foot setback requirement of the Traffic Ordinance, he would not be able to construct a swinEning pool which he had proposed to locate in his back yard° Mr~ Diskin's charts further presented other block wall fences which had been constructed on reverse comer lots in the City and which were only 15 feet from the property line. City Council Minutes October 28, 1968 It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Noe and seconded by Councilman Harvey to indi- cate the Council's intention to apply Section 125.7 of the Zoning Ordi- nance, which allows a 15 foot setback clearance for all comer lots; and to instruct the City Attorney to prepare the appropriate amendment to the Traffic Ordinance clarifying this setback requirement, by deleting the 20 foot setback requirement. In response to a question from Councilman Harvey, it was indicated that the intention of the metion was to allow the radius of the fence as out- lined on the chart submitted by Mr. Diskin. Following discussion, Councilman Noews motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Harvey, Noe and Bowen None None Upon reviewing one of the charts presented by Mr. Diskin, relating to the location of a driveway on a reverse comer lot at 5355 Hanover Drive, Cypress, Mayor Bowen stated that it was his understanding that the Council had placed a restriction on approval of the Tentative Tract Map for this lot, stating that driveways should be placed on the opposite side of a lot in cases of reverse comer lots to avoid the vision clearance problem. The Public Works Director stated that he would in- vestigate this matter. Mr. Tony Burdette, 5461 Marcella Circle, Cypress, addressed the Council objecting to the Planning Director's action, in advising him that he was violating the City Code by conducting spray painting in his garage. Mr. Burdette indicated that he spray paints cars as a hobby and does this work for friends and neighbors for only the cost of supplies. He further stated that he and the Planning Director had several con- flicts relative to this matter, in that the Planning Director felt that the spray painting operation was of a commercial nature and should not be conducted in a residential area; whereas, Mr. Burdette felt that since he did spray painting as a hobby, he should not be prevented from doing it on his own property- In response to a question from Councilman Kanel, Mr. Burdette advised that since the first of the year, he had spray painted approximately 15 cars. In answer to an inquiry from Councilman Harvey, Mr. Burdette advised that his spray painting operations were brought to the Planning Dlrector's attention as a result of a complaint from one of his neighbors. It was moved by Councilman Noe, seconded by Councilman Kanel and unani- mously carried to place this matter on the agenda for consideration at this ttma. It was moved by Councilman Noe, seconded by Councilman Kanel and unani- mously carried that this matter be referred to the Staff for investiga- tion with a report to be presented to the City Council at its regular meeting of November 12, 1968. Councilman Harvey requested that Mr. Burdette receive notice of the next City Council meeting, so that he may be in attendance- There were no further oral communications presented at this time. City Council Minutes October 28, 1968 COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BSARD RE: TRANSFER OF OFF- SALE BEER AND WINE,LICENSE AT STOP 'N GO MARKET: The City Manager reviewed a notice from the Alcoholic Beverage Control Board of a request for trans- fer of an off-sale beer and wine license from Evelyn E. and Edward P. Maloney to National Convenience Stores at the Stop 'N Go Market, 5961 Cerritos Avenue, Cypress. The City Manager further stated that the Police Department has completed its investigation of this application and finds no legal reason for protest. It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried this notification be received and filed. COMMUNICATION FROM CYPRESS JUNIOR WOMEN'S CLUB RE: PROCLAMATION OF AMERI- CAN ART WEEK: The City Manager reviewed a communication dated October 16, 1968 from Mrs. Jayne Fedowitz, President of the Cypress Junior Women's Club requesting the Mayor and City Council, in recognition of American Art Week, to proclaim November 3rd through November 9, 1968, as "American Art Week" in the City of Cypress. It was moved by Councilman Noe, seconded by Councilman Harvey and unani- mously carried to authorize the Mayor tO proclaim the week of November 3rd through November 9, 1968 as "American Art Week" in the City of Cypress, following which Mayor Bowen did so proclaim. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: 1968 EMPLOYEES SAFETY CONTEST: The City Manager reviewed a communication dated October 16, 1968 from Mr. Howard Gardner, Associate Director of the League of California Cities, outlining the final standings of the cities entered in the 1968 Employee Safety Contest. The City of Cypress placed eleventh out of seventy two cities in Group 2, which consists of cities numbering between 51 and 150 employees. It was moved byCouncilman Noe, seconded by Councilman Kanode and unani- mously carried this communication be received and filed. COMMUNICATION FROM CYPRESS CHAMBER OF COERCE RE: CHRISTMAS PROGRAM: The City Manager reviewed a communication dated October 22, 1968 from Mr. Bill Shepherd, Manager of the Cypress Chamber of Commerce, outlining the various activities planned for the Christmas season and requesting per- mission of the City Council to use the Civic Center plaza on December 4, 1968 for a tree lighting and community sing festival. The Chamber fur- ther requests .that the City acquire a suitable Christmas tree to be placed in front of the City Council Chambers, facing Orange Avenue. The City Manager indicated that the City has sufficient funds in the Community Promotional Account to purchase the Christmas tree. It was moved by Councilman Noe and seconded by Councilman Harvey to authorize the conduct of the Christmas Program to be held on December 4, 1968 at the Civic Center plaza and further authorize the Staff to purchase an appropriate Christmas tre~ to be used in decorating the Civic Center. In response to a question from Councilman Harvey, the City Manager stated that the Program would be similar to the one conducted last year and in- dicated that there may be an additional report submitted to the Council relative to the purchase of additional decorations as soon as the Staff has determined whether additional decorations Will be required. Councilman Noe's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Harvey, Noe and Bowen None None qlty Council Minutes October 28, 1968 COMMUNICATION FROM CYPRESS AMERICAN LEGION POST NO. 295 RE: VETERANS' DAY PROGRAM: The City Manager reviewed a con~nunication dated October 22, 1968 from Mro Richard C. Gruettner, Commander of the Cypress American Legion Post Noo 295, inviting the City Council and their families to attend the special Veterans' Day Program which will be held on November 9, 1968 at 11:00 a.m. at the Civic Center. Following the flag raising ceremonies at the City Hall flag pole, the American Legion will sponsor an open house at the American Legion Hall. It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried, this communication be received and filed. COMMUNICATION FROM LOCAL AGENCY FORMATION COMMISSION RE: COUNTY SERVICE AREA NO. 15: The City Manager reviewed a con~nunication dated October 21, 1968 from Mr. Richard T. Turner, Executive Officer of the Local Agency Formation Commission notifying the City Council that a hearing will be held on November 6, 1968 at 2:00 p.m. on the proposed formation of County Service Area No. 15, which is the fire service area for Western Orange County, including the City of Cypress. The City Manager indicated that he plans to attend the hearing on behalf of the City and that special authorization would not be required since the Council has previously adopted a Resolution authorizing the City Manager to represent the City on matters before the Local Agency Formation Commission. In response to a question from Councilman Noe, the Assistant City Attorney advised that he would know of no legal reason that would prohibit Council- man Noe from voting on this matter when it comes before the Local Agency Formation Commission. He stated that he felt an absention on this matter by Councilman Noe would be in order. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously carried this conmunication be received and filed. Councilmen Harvey and Kanel indicated that they would wish to accompany the City Manager to the public hearing on this matter~ COMMUNICATION FROM LOCAL AGENCY. FORMATION DISTRICT RE: DETACHMENTS NO. 1, 2, 3 and 4 FROM CYPRESS PARK AND RECREATION DISTRICT: The City Manager reviewed communications dated October 22, 1968 from Mr. Richard T. Turner, Executive Officer of the Local Agency Formation Commission, notifying the City that a hearing will be held on November 6, 1968 at 2:00 p.m. on four separate detachments from the Cypress Park and Recreation District,which have been requested by the City of Buena Park. These detachments, if approved, would remove all of the area within the city limits of Buena Park from the Cypress Park and Recreation District. The City Manager indicated that the Cypress Park and Recreation District had advised that they would protest Detachments 2, 3 and 4, since these Detachments, if approved, would result in a loss of 90.76 acres of land, with a total assessed valuation of $1,496,220,to the District. Based on the current tax rate of the District of $.44, this would mean an annual loss of $6,583°28 in revenue to the District. The City Manager also suggested that the major concern to the City of Buena Park may be that the special tax of the Cypress Park and Recreation District is an additional burden to those taxpayers in the City of Buena Park who are also paying taxes to the City of Buena Park for park ser- vices provided by the Park and Recreation Department of the City of Buena Park. He further indicated that the Cypress Park and Recreation Dis- trict may attempt to provide justification for these areas to remain within the Cypress Park and Recreation District on the basis that the areas do receive service from the major facility in the District, which is Cypress Park at Crescent and Watson. City Council Minutes October 28, 1968 In regard to the effect these detachments will have on the City of Cypress, the City Manager indicated that the primary disadvantage to the City of Cypress, as long as it remains in the District, is the annual loss of revenue° Councilman Noe expressed concern over the problem of double taxation; however, due to the location of both the Cypress Park and the facilities at Kennedy High School, which are used mere by the residents of these areas than the facilities in Buena Park, it seemed appropriate to develop a joint powers agreement between the City of Buena Park and the Cypress Park and Recreation District which would return tax monies collected by Buena Park to the District for the maintenance and operation of these facilities. Following discussion, it was moved by Councilman Kanode and seconded by Councilman Harvey to direct the City Manager to conmunicate with the Local Agency Formation Commission ~and introduce into the record of the public hearing on these matters a communication suggesting that, if the Local Agency Formation Commission does consider detaching these areas, provi- sions be made to assure that before these Detachments become effective, an appropriate joint powers agreement be entered into by the Cypress Park and Recreation District and the City of Buena Park to allow the public to utilize the Cypress Park and Recreation District's facilities, with the operating costs for these facilities to be paid through a joint powers agreement~ Councilman Noe stated that since he is a member of the Local Agency For- mation Commission, he will abstain from voting on this matter. Councilman Kanode's motion was then carried by the following roll call vote: AYES: 4 COUNCILM~N: Harvey, Kanel, Kanode and Bowen NOES: 0 COUNCILMEN: None ABSENT~ 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Noe COMMIFNICATIQN FROM CITY OF PL~CENTIA RE: TEENAGE REPRESENTATION ON THE RECREATION AND PARKS COMMISSION: The City Manager presented a communi- cation dated October 21, 1968 from the City of Placentia transmitting a copy of Resolution No~ 68-R-160 adopting a plan for teenage representa- tion en the Recreation and Parks Commission, Following discussion, it was moved by Councilman Noe, seconded by Coun- cilman Kanode and unanimeusly carried this communication be received and filed,and that a copy of the communication be directed to the Cypress Park and Recreation District for their consideration and study, COMMUNICATION FROM STo CATHERINE'S MILITARY SCHOOL RE: CHARITY DAY AT THE RACES: The City Manager reviewed a communication dated October 15, 1968 from Sister Mary Patrick, O.Po, Administrator of St. Catherine's Military School, requesting a waiver of admissions tax on the tickets sold by the St. Catherine's Military School's Parents' Guild for the annual Charity Day at Los Alamitos Race Track on Friday, November 8, 1968o The proceeds from this Charity Day are used for the scholar- ship fund of the Parents' Guild. The City Manager indicated that the City Council had granted a similar waiver of admissions tax for this Charity Day in 1967o City Council Minutes October 28, 1968 It was moved by Councilman Noe and seconded by Councilman Harvey to authorize a waiver of admissions tax for the St. Catherine's Military School Parents' Guild Charity Day at the Los Alamitos Race Track on Friday, November 8, 1968. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Harvey, Noe and Bowen None None CONSIDERATION OF APPLICATION FOR PRIVATE PATROL PERMIT (PINKERTON'S INC./i The City Manager presented a report dated October 24, 1968 in- dicating that the City had received an applicationsfrom Pinkerton's Inco, 206 West 4th Street, Santa Aria, California, Yor a Private Patrol Permit to perfarm investigative and security servihes at the Hyatt Die Cast Plant', 4656 Lincoln Avenue, Cypress, on a'24-hour basis. The City Manager advised that if the City Council determines that a permit should be granted, any limitations, conditions, or regulations, which the CounCil deems necessary in the best interests of the City, may be imposed~ The permit would be in effect as long as the permittee pays his City license taxes, or until the permit is revoked by the City Council, or until the permittee fails to comply with the provi- sions of the City Code relating to Private Patrol services. The City Manager further indicated that the Police Department has completed its investigation of the applicant and has found no basis for protesting the application. It was moved by Councilman Harvey and seconded by Councilman Kanel to authorize the issuance of a permit for Private Patrol Services at the Hyatt Die Cast Plant at 4656 Lincoln Avenue, Cypress to Pinkerton's Inco, 206 West 4th Street, Santa Ana, California. In response to various questions from the City Council, the City Mana- ger advised that in connection with Private Patrol Permits, the em- ployees on duty are required to register with the Cypress Police De- partment and are required to comply with the requirement of the Police Department, relative to the color of uniforms~ He further advised that there are six Private Patrol Services which are currently licensed to operate within the City Limits. In response to a question from Councilman Kanel, the City Manager advised that the original intent in requiring permits for Private Patrol Services was to limit their number in the City; however, the City's population has increased sufficiently to warrant the establish- ment of more Private Patrol Services. Following discussion, Councilman Harvey's motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Harvey, Noe and Bowen None None CONSIDERATION OF PROPOSAL FROM ECKBO~ DEAN~ AUSTIN & NILLIAMS FOR FURNISH- ING LANDSCAPE DESIGN SERVICES FOR STORM SEWER PROJECT NO. WS-6-05-0302: The City Manager presented a report dated October 24, 1968 reviewing a proposal submitted by the firm of Eckbo, Dean, Austin & Willjams in the lump sum of $3,600 for design and consultant services for landscaping and irrigation for all areas to be landscaped in accordance with the Federal Grant Storm Sewer Project~ The services include preparation of working drawings, including plans and detail for planting and irrigation, speci- fications and bidding information and supervision of the installation, as well as consulting services to the engineering firm to indicate the City Council Minutes October 28, 1968 amount of right of way necessary for the landscaping and the setback, which should be provided at the street crossings to allow for installation of the recon~nended landscaping treatment. The landscape firm proposes to complete the design drawings by January 1, 1969, which will allow sufficient time for the plans and specifications for landscape services to be included in the total contract. The report further indicated that the requested fee is in accordance with the schedule of fees used by the California Council of Landscape Architects. In response to an inquiry from Mayor Bowen, the City Manager advised that this proposal would include landscape services for the sump area, retarding basin and rights of way for the drainage channel. It was moved by Councilman Noe and seconded by Councilman Kanode to accept the proposal of Eckbo, Dean, Austin and Williams dated October 15, 1968, to provide landscape design services for the City of Cypress' Federal Grant Storm Sewer Project No. WS-6-05-0302 in the amount of $3,600 and to authorize the Mayor to sign and the City Clerk to attest a formal agreement incorpora- ting the services indicated in the proposal. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ASSENT: 0 COUNCILMEN: Kanel, Kanode, Harvey, Noe and Bowen None None CONSIDERATION OF AMENDMENT TO THE AGREEMENT ESTASLISHING THE SOUTHERN CALI~ FORNIA ASSOCIATION OF GOVERNMENTS: The City Manager presented a report dated October 24, 1968, reviewing the necessity to enact an amendment to the Agreements establishing the Southern California Association of Governments to make provision for the designation of one of the treasurers of the member cities of the Southern California Association of Governments to be the depos- itary and to have custody of all the money of the entity, in accordance with Assembly Bill 1918. The proposed Resolution provides that the County of Los Angeles will be the depositary of the funds and the treasurer of the County will serve as ex-officio treasurer of the Association; and, eliminates the possible liability or obligation of the members of the Southern California Association of Governments from any debts, liabilities or obligations of the Association. Councilman Kanode, as the Council's representative to the Southern California Association of Governments, explained the purpose of this amendment which is basically to strengthen the Association's fiscal controls and management system. Following general discussion, it was moved by Councilman Noe and seconded by Councilman Kanode to adopt the following Resolution, title as follows: RESOLUTION NO. 910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND AGREEING TO CERTAIN CHANGES IN THE AGREE- MENT ESTASLISHING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ASSENT: 0 COUNCILMEN: Kanel, Kanode, Harvey, Noe and Bowen None None City Council Minutes October 28, 1968 103 CONSIDERATION OF AMENDMENT TO CITY CODE--ADMISSIONS TAX: The City Manager presented a report dated October 24, 1968, reviewing discussions which have been held with the Los Alamitos Race Track officials in reference to conduct- ing special events during racing season in order to increase attendance. The main problem from the standpoint of the Race Track officials is the inability of the City, under the current Code regulations, to waive the admissions tax for these special events; thereby, requiring the Race Track to pay these admissions taxes for the special events. The City Manager stated that in checking this matter with the Cities of Arcadia and Inglewood in reference to Hollywood Park and Santa Anita, the Inglewood Code does not provide for free admission for special events; whereas, the Arcadia Code does exempt persons attending the Race Track on special event days from payment of the admissions tax~ Transmitted with the report was a proposed urgency ordinance for considera- tion by the Council, which would allow for the waiver of admissions tax on special events to be effective during the current Racing Season. The City Manager further advised that the amendment would not affect the admissions tax on free or season pass holders who would still be required to pay the tax for any events at the Race Track. He further stated that the Race Track has assured the City that the special event days would be limited to less than five per season. The City Manager reviewed the attendance record for the various Special Events, following which it was moved by Councilman Noe and seconded by Councilman Harvey to read the following Urgency Ordinance by title only: The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Harvey, Noe and Bowen None None Title of the Ordinance is as follows: ORDINANCE NO. 398 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 26-11 (g) OF ARTICLE III OF THE CYPRESS CITY CODE REGARD- ING IMPOSITION AND LEVY OF ADMISSIONS TAX. It was moved by Councilman Noe and seconded by Councilman Harvey to adopt the above Urgency Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Harvey, Noe and Bowen None None It was then moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to defer action on adopting the regular Ordinance on this matter until the first meeting of December, 1968. CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS--MOODY STREET PHASE I FROM ORANGE AVENUE NORTH: The City Manager presented a report dated October 23, 1968 from the Public Works Director indicating that the Engineering Division has completed plans and specifications for the Moody Street Phase I Project from Orange Avenue to 1320 feet north and Orange Avenue from Moody to 660 feet east, construc- tion of which is estimated to cost $24,900. City Council Minutes October.28, 1968 It was moved by Councilman Harvey and seconded by Councilman Noe to approve the plans and specifications for the Moody Street Phase I Project from Orange Avenue to 1320 feet North and to authorize the City Clerk to advertise for bids with the bid date to be set by the Public Works Director when approval of the plans and specifications is received from the Orange County Road De- partment. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Harvey, Noe and Bowen None None CONSIDERATION OF EMPLOYMENT LIST--PATROLMAN: The City Manager presented a report dated October 23, 1968 presenting the results of an open competitive examination for the position of Patrolman. It was moved by Councilman Noe, seconded by Councilman Harvey and unani- mously carried to certify the employment list for Patrolman as submitted. CONSIDERATION OF ADDITION TO EMPLOYMENT LISTS-CROSSING GUARD: The City Manager presented a report dated October 17, 1968 outlining the need to add the name of Mrs. Eva Mac Allenegui who placed third on the employment list for Crossing Guard and whose name was inadvertently omitted from the employment list previously approved by the City Council. It was moved by Councilman Kanode, seconded by Councilman Harvey and unani- mously carried to add the name of Mrs. Eva Mac Aliensgut to the employment list for Crossing Guard° CONSIDERATION OF COMMERCIAL WARRANT LIST, WARRANTS NO.. 11942 THROUGH 19978: It was moved by Councilman Kanel and seconded by Councilman Kenode to approve the Commercial Warrant List for Warrants No. 19942 through 19978 in the amount of $82,652.31 as submitted. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Harvey, Noe and Bowen None None PROCLAMATION OF NOVEMBER 22~ 1968 AS "FLAME OF HOPE DAY": The City Manager indicated that he had received a request from a Mrs. Kathy Powell from the City of La Palma requesting the City Council to proclaim November 22, 1968 as "Flame of Hope Day" in the City of Cypress in recognition of the program which has been established to give the mentally retarded a chance to learn skills, develop talents and earn their own way by creating pro- ducts which are useful- It was moved by Councilman Noe, seconded by Councilman Harvey and unani- mously carried to authorize the Mayor to proclaim November 22, 1968 as "Flame of Hope Day" in the City of Cypress, following which Mayor Bowen did so proclaim. SECOND READING ORDINANCE RE: AMENDMENT TO ZONING ORDINANCE TO AMEND DEFI- NITION OF "RESTAURANT" AND TO ADD DEFINITION OF "COCKTAIL LOUNGE": It was moved by Councilman Kanode and seconded by Councilman Noe to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Harvey, Noe and Bowen None None Title of the Ordinance is as follows: City Council Minutes October 28, 1968 ORDINANCE NO. 399 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 "BAR" IN SECTION 102 OF ORDINANCE NO. 90, THE ZONING ORDINANCE OF THE CITY OF CYPRESS. In response to a question from Councilman Kanode, the City Manager ad- vised that this Ordinance would prohibit the location of new beer bars within the City limits and would further declare existing beer bars non- conforming uses, which means that if the use were expanded or if the use were discontinued for a period of 180 days, any further use of the land for the non-conforming use could be terminated by the City. It was moved by Councilman Kenode and seconded by Councilman Noe to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Harvey, Noe and Bowen None None CONSIDERATION OF IMPROVEMENT OF CERRITOS AVENUE FRONTING PROPERTY OWNED BY THE CHURCH OF CHRIST OF LATTER DAY SAINTS: The City Manager presented a report dated October 28, 1968 reviewing negotiations which have been held with representatives of the City Engineering Division, Larwin Company and the Church of Jesus Christ of Latter Day Saints, relative to installing the improvements on the Church's property on Cerritos Avenue in conjunc- tion with the improvements to be installed on Cerritos Avenue adjacent to Larwin Company's development. Larwin Company has agreed to perform this work at a cost of $3,810.48, which will be advanced by the City and later reimbursed by the L. D. S. Church. The Public Works Director advised that final authorization had not as yet been received from the Church end that no work would be commenced until this authorization has been received. The City Manager advised that if authorized by the Church, improvements would be completely installed on the north side of Cerritos Avenue from Denni to Bloomfleld Street. It was moved by Councilmen Noe and seconded by Councilman Kanode to pro- ceed to contract for installation of the street improvements in front of the Church of Jesus Christ of Latter Day Saints property on the north side of Cerritos west of Denni; and to further authorize a transfer of funds from the Reserve for Capital Improvements to the Miscellaneous Street Improvements Account to pay for this work, subject to formal accep- tance of this proposal by the L. D. S. Church. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kenel, Kanode, Harvey, Noe and Bowen None None City Council Minutes ORAL COMMUNICATIONS: October 28~ 1968 Councilman Harvey invited the citizens in the audience to attend the Town Hall Meeting on Community Goals to be held on October 29, 1968 at 7:30 p.m. and Mayor Bowen explained the program for the Town Hall Meeting. Councilman Kanel stated that in connection with the con~nunication from the City of Placentia regarding the Park Commission, he would wish the City to explore this program more fully, following which Mayor Bowen indicated that this area of concern would be fully explored as part of the Goals Study. In response to a question from Councilman Harvey, the Planning Director advised that he had received two complaints regarding the operation of the Hyatt Die Cast Plant, those being the fact that the trees had not as yet been planted and a problem with the buzzer system, which has since been solved. Mrs, Paul Bilyeu, 5437 Oxford Drive, Cypress, addressed the Council com- plaining about the conditions on the property at Orange Avenue and Grind- lay Street, specifically the existence of weeds and insects, such as cater- pillars, which are nuisances. The City Manager advised that the Staff has been attempting to resolve this problem and has been contacted by the contractor hired by the owner of the property who is going to clear the tumbleweeds from the area. He further advised that if this property is not cleared, a report will be presented to the City Council at its first meeting in November, requesting the Council to initiate proceedings under the Nuisance Abatement section of the City Code to have this property cleared by City crews at the expense of the property owner. The City Manager further indicated that since there is always a problem with tumbleweeds following the weed abatement program, plans are underway to provide for two phases of the weed abatement program next year, which will take care of the weeds found in the spring and summer months and the weeds, such as tumbleweeds, which grow later in the year. Mr. Robert E. Fraser, 10222 Janice Lynn Street, addressed the Council, indicating that he is the Deputy District Attorney under Evelle Younger in Los Angeles County and requested the Council to contact the Governor's office in Sacramento requesting him to consider the appointment of local residents to Judgeships in the Western Orange County Judicial District of which Cypress is a part. Mr. Fraser stated that he was advised that he is being considered for appointment to a Judgeship and feels that it is im- portant for a Judge to be appointed from among the citizens residing within a particular Judicial District rather than from an outside District. He further indicated that with recently-enacted legislation, Orange County is one of three counties; wherein non-residents may be appointed to a particular Judicial District. Mr. Fraser then reviewed his resume and requested the Council's consideration of supporting him for appointment to this Judicial District. Considerable discussion ensued among the Council members resulting in general agreement that such an endorsement should not be made by the City Council as a body representing all citizens of Cypress. Councilman Kanel indicated that as an individual, he would be happy to review Mr. Fraser's qualifications and then make a determination as to whether to reco-m~nd him to the Governor on a personal basis; but he stated that he did not feel it would be an appropriate action for the entire Council. Councilman Noe concurred in these statements. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to place this matter on the agenda for consideration at this time. Considerable discussion was held on this matter; however, no action taken. City Council Minutes October 28, 1968 Mr. Donald Robbins, 10408 Carlyle Court, Cypress, addressed the Council in reference to the new street sweeping schedule which was mailed to residents with the City Newsletter, inquiring as to why Cerritos Avenue and Bloom- field Street were not included on the sweeping schedule. The Public Works Director advised that these areas were omitted in error and that these streets are included in the street sweeping program. In response to an inquiry from Mr. Robbins, relative to dedication of the streets within Midwood Manor, the City Manager reviewed the status of this study and indicated that a report will be presented to the City Council at its meeting of November 12, 1968. He stated that the report is presently being finalized by the Staff. Following an indication from Mr. Robbins that the residents of Midwood Manor were planning to attend this meeting, Councilman Harvey stated that since the Council would be only receiving this report at that time, he did not feel they would be ready to make a final determination as to the solution to this problem, but would require additional time to consider all factors involved in this matter; and for this reason would suggest that the Midwood Manor Association wait until the Council had sufficient time to assimilate the report and to make a recommendation before attending the Council meeting. Mrs. Louise Hendrick, 4010 Fielding Court, Cypress, addressed the Council indicating that although she is a member of the Board of Directors of the Midwood Manor Townhouse Association, she is speaking as an individual property owner in Cypress. Mrs. Hendrick indicated that although she does not mind paying taxes to the City, she would wish to receive more of the city services, such as street sweeping and increased law enforce- ment for these taxes. In response to a question from Mrs° Hendrick, Mayor Bowen explained that many of the utility companies have easements across private property, which gives them permission to install utilities on the properties. Upon being advised by Mrs. Hendrick that Larwin Company was again using the block wall of Midwood Manor as a retaining wall for dirt, the Building Superintendent advised that he would resolve this matter. There were no further oral cormnunications presented at this time° 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 the meeting at 10:27 p. m. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS