Minutes 70-11-23MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
November 23, 1970
The regular meeting of the Cypress City Council was called to order at
4:00 p.m., on Monday, November 9, 1970, in the City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor John Kanel presiding.
PRESENT: Councilmen Barvey, Kenode, Lecayo, and Kanel
ABSENT: Councilman Roberrs
Also present were City Manager/City Clerk Dartell Essex, City Attorney James E.
Erickson and the following members of the City Staff: Poetthat, Dunlap, Schatzeder,
Putnam, Grissom and Nudson.
~INUT~S:
It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously
carried to approve the Minutes of the Adjourned REgular Meeting of October 29, 1970
as presented.
It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously
carried to approve the Minutes of November 9, 1970 as presented.
STAFF REPORTS AND DISCUSSIONS:
It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously
carried to place the consideration of a REsolution establishing a three way
stop sign at the intersection of James Alan Street and Juanira Street on the
agenda as Item No. 25.
COUNCILMAN ROBERTS ARRIVED AT 4:05 P.M.
At the request of the City Manager, due to other comm~tme~It.s made by Mr.
Cedric White, it was moved by Councilman Kenode, seconded by Councilman Harvey
and unanimously carried to place the consideration of employing Mr. Robert
Harrison for appraisal services to appraise the building and land of the Cypress
County Water District on the agenda at this time.
It was moved by Councilman Kenode and seconded by Councilman Harvey to authorize
the City Manager to enter into a contract with Mr, Robert Harrison for appraisal
services to appraise the building and land as provided for in the REsolution
initiating the detachment proceedings adopted by the Cypress County Water
District Board of Trustees. The motion was unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs sad Kanel
None
None
At the request of the City Manager, it was moved by Councilmen Lacayo, seconded
by Councilman Roberrs and unanimously carried to place the consideration of the
landscaping plans for the apartment complex to be developed at Lincoln Avenue
and Denni Street, on the agenda as Item No. 10 a.
Considerable discussion was held regarding the status of the proposed annexation
and zoning of the property which will be developed with the CypreSs Post Office
facility. As a result of this discussion, the City Council requested the City
Manager to prepare a report on this matter to be presented at the next regular
City Council Minutes November 23, 1970 ~ - '~
meeting of the City Council.
The City Manager stated that the Airport Conmission will be conducting a Public
Hearing on the use of the Los Alamitos Naval Air 8tation property on November
30, 1970, following which, Councilman Kenode indicated that he felt the City
should take a position relative to this matter.
It was moved by Councilman Roberrs, seconded by Counciln~m Lacayo and unanimously
carried to place the consideration of this item on the agenda at this time.
Councilman Roberrs urged that a part of the City's position in this matter be
a Joint effort between the cities upon which this decision would have an immediate
impact, to work together to establish a concept as to what should ultimately be
developed in the entire area.
Discussion ensued with regard to what the City's position would be relative
to the use of the facility for aviation purposes. COuncilmm~ Fanode indicated
that the base might eventually be converted to use for general aviation purposes;
however, the City should take a strong position against commercial aviation, and
should have a voice on the ultimate planning of the area.
The City Attorney requested that the adoption of a Resolution expressing the
City's position be deferred until the legal aspects have been considered. At the
suggestion of Councilman Roberts, it was decided that a verbal presentation
conveying the City's viewpoints would be presented at the Airport Commission Public
Hearing.
It was moved by Councilman Kenode, seconded by Councilman Roberrs and unanimously
carried to instruct the City Manager to prepare a verbal presentation opposing
commercial aviation uses of the Los Alamitos Naval Air Station which will be
delivered at the Airport Commission Public Hearing by the Mayor and the City
Manager.
The City Manager then advised the City Council of several dates in which events have
been scheduled, including December 16, 1970, when the City Council is scheduled
uo man the Santa Claus sleigh. In response to an inquiry from Mayor Kanel,
Mr. Allan Banink, President of the Cypress Chamber of Commerce, stated that
a map, outlining the stops which the sleigh will make, will be published in
the various newspapers, and will be inserted in the next edition of the newsletter.
The City Manager then stated t h a t d u tin g the past few days, the City has
encountered a situation which involves the requirements whic~ ~ere adopted
some time ago, for Conditional Use Permits for all establishments which plan
to serve alcoholic beverages. He indicated that this requirement was originally
established to control an influx of beer bars into the City; however, since that
time, the word "restaurant" has been re-defined in the City Code, which in itself
allows control. He further indicated that after a Staff review of this matter,
it appeared that this should be corrected, and that the City Attorney has drafted
an Urgency Ordinance eliminating the requirement until further study can be given
to this matter°
At the request of Councilman Kenode, the City Attorney read the definition of
"restaurant" as worded in the City Code.
It was moved by Councilmen Lacayo, seconded by Councilman Kanode and unanimously
carried to place the consideration of this item on the agenda as Item No. 26.
EXECUTIVE SESSION:
It was moved by Mayor Kanel, seconded by Councilman Lacayo and unanimously carried
to go into an Executive Session at 5:30 p.m. to discuss a matter of personnel.
The meeting was called back to order at 6:08 p.m., with all Councilmen present.
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Minutes November 23, 1970
RECE. SS:
It was moved by Councilm~n Kenode, seconded by Councilman Lacayo end ,~animously
carried to recess at 6:10 p.m. to 5:30 p.m. that evening.
CALL TO ORDER:
The meeting was called back to order at 7:30 p.m., in the City Council Chambers,
5275 Orange Avenue, Cypress, California, Mayor John Kenel presidinE.
PRESENT: Co~mcilmen Harvey, Kenode, Lacayo, Roberrs end Kanel
ABSENT: None
At the request of Mayor Kanel, Councilmad% Lacayo led the City Council and
audience in the Pledge of Allegiance.
Councilm~n Kenode then announced that it had come to hie attention that the City's
Planning Director, Mr. George Putnam, will be leaving the City after having served
as the Planning Director since 1964.
It was moved by Councilman Kanode end seconded by COuncilman Harvey to present
Mr. Putnam with a Community Service Plaque for outstanding service, end to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 1121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING MR. GEORGE R. PUTNAM FOR HIS OUTSTANDING SER-
VICE TO THE COMMUNITY AS PLANNING DIRECTOR.
The motion was unenimouely carried by the following roll call vote=
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs end Kenel
None
None'
Mayor Kanel then presented Mr. Putnam with the Community Service Plaque in
recognition of his outstending service to the City.
At the request of Mayor Easel, the City Manager reviewed what had transpired
in the afternoon session of the City Council.
CONSIDERATION OF AWARD OF CONTRACT--FOR ONE 1/2 TON PICKUP TRUCK: The City
bfa~a~e* present~'~ ~"*eport dated November 18, 1970 from the Finannie Director
which indicated that bids were received and opened in the office of the Purchasing
Officer for the purchase of one one-half ton pick-up truck at 10:00 a.m~ on
November 5, 1970. The report further indicated that a review of the bids
indicates that the specifications have been met end that the lowest responsible
bid was submitted by Guaranty Chevrolet in the amount of $2,915.85.
It was moved by Councilmad Lacayo and seconded by Councilman Kenode to accept
the bid submitted by Guaranty Chevrolet as the Iowast responsible bid end to
award the contract for the purchase of one one-half ton pick-up truck to
Guaranty Chevrolet, 711 East 17th Street, Santa Ana, California. The motion was
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kenode, Lacayo, ~berts end Kanel
None
None
3
City Council Minutes November 23, 1970
COm ..N CATIONS:
Mr. Richard Parker, 4662 Ashbury Avenue, Cypress, addressed the Council urging
the adoption of a Resolution, similar to the one adopted by the City of Buena
Park, expressing displeasure with the Orange County Board of Supervisors salary
increase. Councilman~Kanode then indicated that he would like to have this
item, which is Item No. 7 on the agenda, removed from the "Consent Calendar."
There being no further oral communications presented at this time, Councilmen
Kanode stated that he would like to place on the agenda, an item relative to the
Cypress Recreation and Park District, which bad been brought to his attention by
some citizens of the community.
It was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously
carried to place this item on the agenda for consideration at this time.
Councilman Kanode stated that a number of persons have expressed concern regarding
the transition of the Recreation and Park District from the Board of Supervisors
to the City Council as the governing body. Councilman Kanode further stated that
he felt that the Council owed it to the community to express its; intent, and proposed
that the City Council adopt a Resolution of Intention which would state that the City
Council would serve as the Board of Directors of the Cypress Recreation and Park
District without pay;and that the City Manager would be appointed as a Manager of
the District to serve without pay; and that the City Manager be authorized to take
all necessary actions acting on behalf of the City Council to expedite the transition
of the responsibilities of governing the Cypress Recreation and Perk District from
the Board of Supervisors to the City Council; and finally, that the City Manager be
authorized, acting on behalf of the City Council, to coordinate the development of
the Cypress Recreation and Park District budget for the 1971-72 fiscal year with
Bryant as Director of the Cypress Recreation and Park District.
It was moved by Councilman Kanode and seconded by Councilman Harvey to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 1122
A RESOLUTION OF INTENTION OF CITY COUNCIL POLICY IN THE
TRANSFER OF THE GOVERNING BODY OF THE CYPRESS RECREATION
AND PARK DISTRICT FROM THE ORANGE COUNTY BOARD OF SUPER-
VISORS TO THE CYPRESS CITY COUNCIL.
Councilman Harvey indicated that he seconded the motion for the sake of discussion,
In response to an inquiry from Councilman Harvey, Councilman [.anode stated that
the purpose of the Rasolution would be to give the City Manager the authority of
representing the viewpoints of this City Council and thereby assisting with the orderly
transition of the District from the Board of Supervisors to the City Council, which
would also establish a better relationship between the Park and Recreation employees
and the City Council.
In response to an inquiry from Councilman Lacayo, Councilman Kayode stated that
this would be a public statement as to the intentions of the City Council,
In answer to inquiries from Councilman Harvey, the City Manager stated that
the matter of the City Council becoming the governing body of the Recreation and
Park District has been approved by both the Local Agency Formation CommisSion
and the Board of Supervisors, and will become effective on July 1, 1971; and that
normally, the City's budget studies begin in April; however, since the budget for
the Recreation and Park District will be a new item, he would prefer to consider
it earlier than that date.
Councilman Roberrs then reviewed the four points which Councilman Kanode had
suggested for incorporation in the Resolution of Intention. In answer to
a question from Cooncilmml Roberrs, the City Attorney advised that the meeting
', i ..'L]~ .~ouncil Minutes November 23, 1970
of the Council sitting as the City Council and sitting as the Board of Directors
of the District would, unless other provisions are made, be held on the same
night and as part of the same regular meeting. Councilman Roberrs then stated
that he would certainly support the Board of Directors being the City Council and
that they serve without pay. He added. however, that he felt that the Council should
meet on a separate night, since this is a policy position that the Council is taking
and could be changed with time. Councilrosa Robarts indicated that the assignment
of the City Manager to act as the Manager of the District, without pay, would
violate a former position that the City Council took by Resolution, in which the
City Council resolved to retain all employees of the District in their positions.
He stated that the assignment of the City Manager as the secretary to the
Council to do whatever is necessary during the transition period is paramount
and should be adopted,
It was then moved by Councilman Roberrs and seconded by Councilman Lacayo to
amend Councilman Kanode's motion to include that the City Council become a
Board of Directors without pay, to meet on an alternate evening than that of a
regular meeting of the City Council, and to delete the item which would establish the
City Manager without pay to be the Manager of the Recreation and Park District.
Coumcilman Kenode stated that he disagreed with the amendments as offered by
Councilman Reberte as he considered the night in which the Board of Directors
met to be irrelevant, and that the Resolution which previously had been adopted
was referring to the employees of the Recreation and Park District and not
the managerial position.
Councilman Harvey stated that he felt that it will, in the future, be necessary
to discuss the ramifications of the Council becoming the governing body of the
Recreation and Park District~ however, he would like to leave this matter to the
discretion of the Recreation and Park Director and the City Manager.
The amendment to the original motion failed to carry by the following roll call
vote:
AYES: 2 COUNCILMEN:
NOES: 3 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Lacayo and Reberts
Harvey, Kanode and Kanel
None
Councilm~m Reberts stated that as a matter of policy, he does notintend, on
this Council or at any time, to make a Resolution in order to gain an end which
he does not intend to keep, and that further, when the previous Resolution had
been adopted by the City Council, it was his intention to keep the staff of the
Recreation and Park District for at least one year while the Council became
acquainted with becoming the 8overning body. He further stated that he did not
ever intend it to be a ploy between the Local Agency Formation Commission or the
Board of Supervisors, and that because of these reasons, although there were many
fine qualities to Councilman Kanode's motion, he could not support the motion.
Councilman Lacayo indicated that he was in agreement with Councilman Roberrs as
he too, felt that the Resolution which had been adopted when the matter of the
City Comlcil becoming the governing body of the Recreation and Park District
was discussed, was adopted in order to keep the staff intact, and that all of
the employees of the Park District would be an asset, not only to the City Council
but to the City Manager as well.
Councilman Harvey indicated that he was somewhat disturbed as reference had been
made that the Council was violating a Resolution which had been adopted to protect
the employees of the District, and, which in his opinion, did not have any bearing
on this particular Resolution. Councilman Harvey indicated that the Recreation
and Park District is the critical individual in this situation, and that
he did not feel that this action would be disturbing the balance of the employees
of the District in any way, and in fact, would give them an indication that the
City is attempting to work out the difficult transition period in as smootha
manner as possible, which can only be done through the City Manager's office in
ccnJunction with the Director of the Recreation and Park District. Mayor Kanel
stated that he concurred with the statement made by Councilman Harvey.
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City Council Minutes November 23, 1970 -.
Councilm~m Kanode'e motion to adopt Resolution No. 1122 carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEN:
2 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kenode end Kanel
Lacayo and Roberrs
None
.CgNSENT CALENDAR: The Mayor announced that all matters listed on the agenda
under "CONSENT CALENDAR" were to beconsidered by the Council as routine end
enacted by one motion approving the Reco~mnendation on the Administrative Report
concerning the matter. He further advised that eny item listed under the
consent calendar could be removed at the request of a Councilmen, as was Item No. 7
at the request of Councilm~l Kenode.
It was m~ved by Councilman Roberrs, seconded by Councilma% Lacayo end unenimously
carried to approve Items No. 2 through 6 on the consent calendar.
Item No. 2: Request to use the Civic Center Mall for square dancing.
Recommendation: That the City Council authorize the use of the Civic Canter Mall
as requested by the Cypress Twirlors on the first Saturday of the months
of July, August, end September, 1971.
Item Noo 3: Proclamation of December 6-12, 1970 as Christmas Seal Week.
Recommendation: That the City Council authorize the Mayor to proclaim the
week of December 6, 1970 through December 12, 1970 as Christmas Seal Week.
Item No. 4: Orange County Mosquito Abatement Committee Minutes of the meeting
held November 5, 1970.
Reconm~.ndati, on: Receive and file.
Item No. 5: Prohibition of the sale of non-returnable or disposable beverage
containers~
Recommendation: That the City Council request the City Monaget to notify the
Orange County State Legislators that the City Council would encourage the adoption
of appropriate State legislation controlling the sale of disposable containers.
Item No. 6: Resolution of the City of Anaheim proposing provision for direct
air servi'ce from Orange County to Sacramento.
Recommendation: Receive and file.
CONSIDERATION OF ARESOLUTION FROM THE CITY OF BUENA PARK EPRESSING DISPLEASURE
WITH BOARD OF S'UPERVISORS SALARY INCREASE: 'T~&'d~9 ~a~a~ indicated that' 'it
was recommended to receive and file the Resolution from the City of Buena Park as
this matter is apparently being resolved at the Board level, end it does not effect
uhe administrative affairs of the City of Cypress at this time.
Mro Richard Parker again addressed the Council urging that a Resolution similar
to that adopted by the City of Buena Park, be adopted by the City of Cypress. Mr.
Parker indicated that he felt that the City's representation at the supervisory level
has not been adequate, end etated that in the near future he will be circulating
petitions for a referendum on the salary issue end a recall of the members of the Board
of Super%~!sors~
Mr o Vernon Bakke, 5055 Brunswick Drive, Cypress, urged the City Council to
adopt a Resolution similar to the one adopted by the City of Buena Park. He then
questioned how the Supervisors could raise their salary 95% when employment in
the County is so low. Mr. Bakke indicated that as a representative to the Cypress
Recreation end Park Advisory Board, he had received very little cooperation from our
local county supervisor.
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City Council Minutes November 23, 1970
Councilman Roberrs stated that the issue which has been presented this evening
is not, per se, the salaries of the Supervisors, but the fact that there seems
to be some frustration with the City's particular Supervisor.
Mayor Kanel then read in full, the Resolution which was adopted by the City of
Buena Park.
Councilman Kenode indicated that even though this particular measure on the ballot
failed to carry in Orange County, it did carry State wide; however, the Board did
make the determination to increase their salaries even before a semi-official
tabulation had been completed, which, he indicated, was a lack of Judgemsnt on their
parto
Considerable discussion was held regarding the wording of a Resolution which
would be appropriate for the City of Cypress to adopt, should it be the desire of
the City Council.
Councilman Lacayo indicated that he was not concerned over the fact that the
Board of Supervisors chose to increase their salary, but rather the fact that
apparently there are many citizens who are dissatisfied with the Supervisor actions
in their own districts, and indicated that the Resolution should express the
displeasure of the City of Cypress.
Councilmea Roberrs stated that he felt the 0range County Board of Supervisors
are grossly underpaid and they merit a much improved salary; however, the
mannnet in which this occured did the Board a discredit and they should be
notifies that it is the City's.desire that they be paid properly, but that it
be accomplished in a way that the citizens have access to the full process by which
this occurs.
Councilmsm Harvey indicated that the fact the voters in Orange County rejected
Proposition 12, and that the City is not getting the type of representation
that it is entitled to have, are significant points; however, he added, that he
did not feel the Resolution should be connected in any way, with an individual
Supervisor.
Following further discussion relative to the contents of an appropriate Resolution,
it was moved by Councilmam Roberrs and seconded by Councilman Harvey to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 1123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
EXPRESSING ITS DISPLEASURE WITH THE MANNER OF ADOPTION
OF THE INCREASE IN COMPENSATION FOR THE BOARD OF SUPER-
VISORS.
Councilman Roberrs then indicated that this Resolution was not directed
as a personal attack on the City's Supervisor, and addressed the audience stating
that if there is dissatisfaction with any person in office, there are courses
of action which the citizens can take.
The motion was unanimously carried by the following roll call vote:
AYES:
N0E S:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
RECESS:
Mayor Kanel declared a recess at 9:04 p.m. The meeting was called back to order
at 9:16 p0m. with all Councilmen present.
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City Coua~cil Minutes
Nosyember 23, 1970~.z. ~]'f. ~
CO}D~INICATION FROM HOMEOWNERS ON LAKIA DRIVE REGARDING BLOCK WALL FENCING: The
City Manager presented a report dated Nove~er 19, 1970, which indicated that
the City has received a cor~nunication signed by 4 property owners on Lakta Drive
expressing concern over the absence of a block wall fence between their homes and
the adjoining Los Alamitos Naval Air Station property. The report continued, that
in this specific case, the clubhouse and parking lot of the Los Alamitos Naval
Air Station Golf Course was installed by the Navy Department on Faderally owned
property, which preempted the City from imposing the block wall fence requirement as
set forth in the City Code, and, the block wall fence was not required of the
subdivision developer since the adjacent N,A.S. property is zoned for R-1 Single
Family Residential use. The report stated that at the time the tentative map
was submitted in this area, it appeared desirous to allow the property owners them-
eelyea to determine whether or not they wished to have a view of the golf course open
apace; however, the Staff did not realize that a portion of the homes would be
in~nediately adjacent to the parking lot of the golf course clubhouse, and that
after inspection of the property, it does appear that a block wall fence should
be required on lots 95-100 in Tract 6776 and on lots 41-48 inclusive, inTract
6775~ The City Attorney has advised that since both of these subject tracts
are portions of Tentative Tract 6719, which is on this agenda for consideration
for an extension of time, a condition couldbe imposed by the City Council requiring
the construction of a block wall fence adjacent to the above referenced lots.
It was moved by Councilman Lacayo, seconded by Councilman Kenode and unanimously
carried to consider Item No. 12 on the agenda at this time.
CONTINUATION OF CONSIDERATION OF EXTENSION OF TIME .Fq~.TEN~AT!.VE TRACT MAP 6719:
The City Manager presented a report dated November 16, 1970, which indicated that
the Larwin Company has requested a twelve month extension of time for recording
the remainder of Tentative Tract Map #6719, located at the southwest corner of
Orangewood Avenue and Valley View Street. The report stated that the Larwin
Company has recorded the first two final maps in this subdivision; 6775 and 6776,
and that Tract #6719 will be the final parcel. This portion of the tract, however,
ie occupied by an operating dairy ~?nich has contractual ;commitments~ with the
dairy store located at the southeast corner of the parcel and cannot release the
property to Larwin Company until January 1971. The report further indicated that
the City Attorney has previously advised that conditions can be added to the
extension of time, the same as if the Tentative Map was up for original consideration
so that the improvements to be constructed will be compatible with the City
standards existing at the time of the request of the extension of time, and that
in order to eliminate the charges of the Midway Sanitary District (.6499 per
hundred), it will be necessary to put a condition upon the extension of time requiring
the Larwin Company to grant an easement across one of the lots in Tract #6719 and
to install a 6" sanitary sewer lateral to the boundary of the dairy store parcel°
At the request of the City Manager, the Public Works Director pointed to the
subject location on the aerial map.
Mr. Paul Dileski, 5683 Lakia Drive, stated that the residents in his neighborhood
with property abutting the Naval golf course are content as it is an all green
area; however, the property which abuts the parking lot is actually in violation
of the Ordinance, as he understood it. The City Manager explained that the City
could not enforce the block wall code requirement against the developer of the
parking lot, as, in this case, it is an agency of the Federal Government.
Mr. Do Anderson, representing the Larwin Company, 9100 Wilshire Boulevard, Beverly
Hills, addressed the City Council stating that he felt that the condition which
is being considered would have some profound implications, and that the Larwin
Company is not responsible for the condition of the parking lot being adjacent to
the R-1 development° Mr. Anderson then requested a continuance of this item to
the next regular meeting of the City Council, as the Larwin Company had not been
notified of this condition.
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City Council Minutes
November 23, 1970
In response to an inquiry from Mayor Fanel, the City Manager stated that the
recommendation in the report was that the condition be added to the extension of
time of the tentative tract which would impose the condition of constructing the
block wall fence on the Lazwin Company, without question. He further stated
that he was proposing that since the original problem had been brought about by
the Navy's installation of that facility, that perhaps the City could request
the Navy to construct or cooperate in the construction of the wall.
Discussion ensued as to the difficulties which might be encountered relative to
constructing the fence, and in response to an inquiry from Councilman Lacayo, Mr.
Dileski stated that most of the residents do not have landscaping in back of their
homes as yet.
At this time, Councilman Harvey indicated that he would favor the continuance of
this matter as he would be reluctant to make a decision this evening based on
suppositions, and further, would like to have a report from the Staff relative to
~he accessability and the practicality of installing the fence. Councilman Kanode
agreed, and suggested that the City Manager contact the Departmant of Navy regarding
the block wall fence.
In response to an inquiry from Councilman Lecayo, Mr. Anderson stated that in
regard to the sewer easement, this item was considered when the tentative map
was originally approved and it was datermined that the area of the dairy store
would not be anne~ad and would not be part of the proceedings which the Larwin
Company was to initiate for de-annexation from the M/dway Sanitary District; that
at that time, the owner was not desirous of de-annexing and has not changed his
opinion as of this date. He further stated that he felt that to impose a condition
upon a developer to install a sewer which may never be used would be unrealistic;
that the company is willing to install improvements necessary to serve the develop-
ment as the company has developed it, and would be willing to grant a 10' wide
easement through its lots in the event that in the future the property does obtain
sewer service from the City. The Public Works Director then indicated that he felt
that it would be both quite expensive and difficult to put the sewer in at a later
date, and that the owner of the dairy had indicated that he would be willing to
su~mit a withdrawal from the Midway Sanitary District as long as it would not involve
an expenditure to him.
Discussion was held regarding whether or not a condition requiring the Larwin
Company to install the sewer lateral was imposed on the division of land, and
in answer to an inquiry from Mayor Kanel, the City Attorney advised that if the
division of land was approved without this requirement, then the Council could not
go back and impose it as a condition if no. further division of land is necessary;
however, if the division of land has never been approved, then the option is
open to still impose the condition.
It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously
carried to continue the consideration of Items No. 12 and 13 on the agenda, as
they are related, to the next regular meeting of the City Council, and to receive
and file the communication si~ned by the four property owners on Lakia Drive.
COMMUNICATION FROM ROTHE PARTNE~3HIP REGARDING ILLEGAL USE OF PROPERTY AT BALL
ROAD WEST 0F CARB'ON CREEK CHANNEL: ~he City Manager reviewed a report dated
November 23, '1970 from the Rothe Partnership advising the City Council that the
property owners have not authorized the use of their property, located on Ball
Road, west of the Flood Control Channel, for drag car activity. The report
continued, that representatives from this partnership have been in contact with
the Police Department and the property has been posted with No Trespassing signs,
and the property owners and the Police Department are in the process of notifying
those persons who are utilizing this property without permission that this action
constitutes a violation of trespassing laws.
It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously
carried to receive and file this connnunication.
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City Council Minutes
November 23, 1970
.C.O.MMUN~C~T~q~..FROM SUNSHINE HOMES' CITIZENS FOR REZONING PROPERTY LOCATED EAST
OF VALLEY VIEW BETWEEN CERRITOS AND SOUT~ERN PACIFIC ~fLROAD TRAC~'S': The City
Manager pr~se~t~ a ~eport dated November 23, 1970, which indicated that the City
has received a communication signed by several of the residents of the Sunshine
Homes requesting that the industrially zoned property located east of Valley View
between Cerritos and the Southern Pacific Railroad tracks be considered for
rezoning for R-1 Single Family Residential uses, as a portion of the subject
property is innnediately adjacent to the Sunshine Home Development.
Mrs~ Melvin Stanbridge, 6221 Ferns Avenue, Cypress, addressed the City Council
expressing concern as to what might possibly be developed on the property in
question, and urging that the Council give consideration to rezoning the property
to Residential°
Councilman Harvey explained that the Planned Manufacture zone gives the City
Council the opportunity to approve or disapprove any plans for proposed develop-
ment and that by knowing the desires of the people in the area, it might be
pruden~ for the City Council to accept a development which would be satisfactory
to them, which might include a park or a greenbelt or some device which would
eliminate the homeowners' fear of viewing a manufacturing plant from his back
yard.
In response to an inquiry from Mayor Kanel, the City Manager indicated that the
railroad has expressed e desire to maintain industrial zoning adjacent to the
railroad tracks~
Following a review of what has transpired in the City relative to zoning, Councilman
Harvey indicated that several months ago he had requested that a study be made
of the entire area, and that because of ramifications relative to the Los Alamitos
Naval Air Station, it was decided not to proceed with it; however~ perhaps this
would be the proper time to reconsider and to initiate a study of the entire area
south of Cerritos.
Following discussion regarding whether or not this would be the appropriate time
to undertake such a study, it was moved by Councilman Harvey and seconded by
Councilman Kenode to request the City Manager to review the matter of development
of the City's industrial parks at the southern end of the City, taking into
consideration the request by the Sunshine Homeowners, the possibility of the
Naval Air Station becoming a general aviation airport, the potential or
possible planning of the entire area by the City of Los Alamitos, and to report
back to the City Council relative to the advisibility of undertaking an economic
study of the entire southern portion of the City, south of Cerritos. The motion
was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
CONSIDERATION OF LANDSCAPING PLANS FOR APARTMENT DEVELOPMENT LOCATED AT LINCOLN
AVENUE AND DENNI STREET: The City Manager stated that one of the condit'ions
which the City C~uncil had placed on the development of the multiple-family
complex located on the west side of Denni Street, south of Lincoln Avenue, was
nc review the landscape plans for the project.
At the request of Mayor Kanel, Mr. Gary Begin, representing Flintridge Landscape
Company, the landscape architects for the apartment project, came forward and
displayed a rendering of the proposed landscaping, which was discussed in detail.
In response to an inquiry from Mayor Kanel, Mr. Begin indicated that the
development is a Joint venture between Mr. Lusk and Mr. Warmington.
- 10 -
~' · '~ ~l,
City Council Minutes
November 23, 1970
In answer to an inquiry from Councilman Lacayo, Mr. Begin stated that the
landscaping would be complete by the time the first unit would be rented.
In reply to a question from Mayor Kanel, the City Attorney advised that the
plans which were submitted will become part of the City records.
Following several inquiries regarding the areas of open space which could be
used for recreational purposes, Councilmen Roberrs stated that while he appreciated
the fact that this has come before the Council and that relatively quick action
is desired by the applicant, he felt that he had not had the opportunity to
really study the plans and would therefore be in favor of continuing the matter,
In reply to inquiries from Councilman Kanode, the City Manager stated that
the approval of the landscape plans by the City Council is the last of the
condiulons which must be met before a building permit for the development can be
issued, and that the only concern which had been expressed by the Staff relative
to the landscaping was in regard to the depth of the tree wells; however, the
problem has since been corrected~
Following discussion, it was moved by Councilman Kenode and seconded by Councilman
Harvey to accept the landscape plans as submitted, subject to the approval of
final details by the Staff. The motion was carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo and Fanel
Roberrs
None
Discussion was held regarding the statement made earlier by the architect to the
effect that the landscaping would be completed by the time the first unit would
be rented, and it was the general opinion of the City Council that the intent was
that the landscaping shall be in progress as occupancy is taking place. Councilman
Lacayo stated that the street landscaping should be completed when the project
is read~ for rental, to which Mr. Begin indicated it would.
RECESS:
Mayor Kanel declared a recess at 10:55 p.m. The meeting was called back to order
at 10:59 p,m. with all Councilmen present.
At the request of Mayor Kanel, it was moved by Councilman Harvey, seconded by
Councilman Lacayo and unanimously carried to consider Item No. 21 on the agenda
at this time.
CONSIDERATION OF 9YPRESS CHAMBER OF COERCE CONTRACT.: The City Manager presented
a report dated November 19, 1970, which indicated the contract between the City
and the Cypress Chamber of Commerce which provided for a monthly payment of $I,000
from the City to the Chamber of Commerce expired on June 30, 1970, and that
since ~hat time the City Council has extended the contract on a month-to-month
basis terminating on November 30, 1970. The report further indicated that during
this time, the Committee appointed by the City Council met with representatives of
the Chamber of Commerce to discuss the renewal of the contract, and that the
Committee suggested that the Chamber of Commerce prepare a proposed program of
work and submit a proposed budget for the 1970-71 fiscal year, which could be
evaluated by the City Council. The report continued, that although the budget
section of the proposal which resulted from the Committee requests, allows for an
option of continuing to operate the Chamber with a part-time Manager or with the
services of a full-time Chamber Manager, the Chamber's recommendation requests the
approval of a full-time Chamber Manager for the remainder of the fiscal year which
would involve an additional $500 per m~nth allocation from City funds to balance
the budget.
In response to an inquiry from Councilman Lacayo, the City Manager indicated
that there are sufficient funds in the City's budget to cover the employment
- 11 -
City Council Minutes
November 23, 1970
of a full-time Chamber Manager for the remaining portion of the fiscal year,
however, an additional appropriation would have to be made,
At the request of Councilman Kenode, Mr. Allen Banick, President, Cypress Chamber
of Coxmnerce, addressed the Council outlining the various reasons why a full-time
Manager is needed as opposed to a part-time Manager, and how the Chamber of Commerce
plans to help defray the costs involved. Mr. Banick then reviewed in detail the
proposal which was submitted by the Chamber, and answered various inquiries from
the Council~
Discussion was held relative to allocating a portion of the revenue received from
sales tax to the Chamber, whereas, the City Attorney advised that the law prohibits
an allocation of sales tax for any specific uses, and that it must go into the
general fund, He added, that the Council can commit the general fund monies to a
number of obligations, one of which could include the Chamber of Commerce.
Councilman Roberrs indicated that the plan submitted by the Chamber was very
comprehensive~
Mrs° Alice Frankiewich, 4219 Dover Circle, Cypress addressed the Council stating
that much of the material contained in the proposal was discussed at the meetings
of the Goals Committee two years ago. She indicated that there is a need for
a full-time Manager, and that should the community attract more businesses, the
cost would be defteyed.
M~ Michael Osborn, 9532 Sonwell Place, Cypress, stated that ha was very much
in favor of the proposal as submitted by the Chamber and urged the Council to
approve the reco~nendation of a full-time Manager.
In answer to a question from Mayor Kanel, the City Manager indicated that he
would presume that the contract would be a contract extending to the end of the
current fiscal year; however, the Council, if it so desired, could change this
to a calendar year basis which would offer an advantage insolaf as recruitment
is concerned.
Mayor Kanel indicated that a recommendation had not been submitted from the
Committee which had been appointed by the City Council, as he felt the matter
should be brought before the full Council for discussion. He further indicated
that he was not quite certain as to whether the size of the community would
warrant a full-time Manager. In answer to an inquiry from Mayor Kenel concerning
the effectiveness of a Chamber in attracting businesses to a community, both
Councilmen Harvey and Kenode indicated that they found a Chamber to be quite
helpful as a source of information and where promotional matters are concerned;
however, neither had personally been contacted by a Chamber of Co~nerce relative
to potential development within a community.
Councilman Kenode stated that his main concern was the increase of funds, and
whether or not the City needs a full-time or a part-time Manager, and felt that
perhaps it would be beet to continue this item.
Pollowing discussion relative to whether or not e full-time Manager would be Justified,
it was moved by Councilman Harvey and seconded by Councilman Kenode to continue
the consideration of this item to the next regular meeting of the City Council
scheduled for December 14, 1970, and to renew the current contract with the
Chamber of Conmerce for a period of one month. The motion was unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
- 12 -
~o
city council Minutes
November 23, 1970
CONTINUATION OF CQNSIDERATION OF POSSIBLE VIOLATION OF CONDITIONAL USE PERMIT
NO~ C-223: The City Manager presented a report dated November 18, 19~0, which
indicated that the City Council at its regular meeting held November 9, 1970,
concurred in the recox~andations of the City Manager for the members of the
City Council to submit written questions regarding the possible violations of
Conditional Use Permit No. C-223, which was previously discussed at some length
at the meeting of October 13, 1970. The report further indicated that the City
Maneger's office has not received, as of this date, any additional questions and
therefore no further information is available to present to the City Council at
this time~
It was moved by Councilman Robarts, seconded by Councilman Harvey and unanimously
carried to continua this matter to the next regular meeting of the City Council to
allow additional time for the submittal of any questions the Council might have.
It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously
carried to place on the agenda as Item 11 a., an item relative to recreation halls.
Councilman Roberrs expressed concern over the modern trend to employ bands and
to play tapes and records that use extremely loud soonde in areas of the City
set aside for recreational purposes. Councilman Roberrs indicated that without
additional controls, a resident of the City must either report to the Police
Department or endure the noise.
Councilman Roberrs then indicated that possibly a third method of controlling
this type of problem, which, if acted upon this evening would give the developer
of the multiple-unit complex which had been discussed earlier in conjunction
with the landscape approval, an opportunity to be aware of this should the Council
act on it, He then stated that it is his proposal that the City Council adopt an
Urgency Ordinance which would require that all recreation buildings built in the
City of Cypress be soundproofed.
Councilman Kenode agreed that this is a problem, and perhaps soundproofing would
be the best solution; however, he would rather refer this matter to the City Staff
for study and recomanendation than to adopt an Urgency Ordinance.
In answer to an inquiry from Councilman Lacayo, the City Manager indicated that
at the present time, only one multiple-unit development within the City would be
effected by the Urgency Ordinance under discussion.
In reply to an inquiry from Councilman Kanode, the City Attorney advised that as
a result of noise which is emitted from an apartment complex, it becomes a Public
Nuisance, the City Council may review the Conditional Use Permit for modification
or revocation,
Following discussion, it was moved by Councilman Lacayo and seconded by Councilman
Kenode to refer the matter of noise abatement problems within apartment complexes
to the Staff for study, to be brought back to the City Council at its meeting of
December 14, 1970. The motion was carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo and Kanel
Roberrs
None
It was moved by Councilman Lacayo, seconded by Councilmen Kenode and unanimously
carried to proceed to Item No. 26 on the agenda at this time.
CONSIDERAIION OF AN URGENCY ORDINANCE DELETING THE CONDITIONAL USE REQUIREMENT
FOR THE SERVICE OF ALCOHOLIC BEVERAGES: The City Manager stated that, if adopted,
this Urgency Ordinance wouid delete the Conditional Use requirement for the service
of alcoholic beverages in a C-2, C-3, and H-C zone. He indicated that after
consideration of this matter by the Staff, it was felt that perhaps this require-
ment was too rigid, and that since the definition of restaurant has been amended
- 13 -
City Co~mcil Minutes
November 23, 1970
to preclude the opening of beer bars under the pretense of being restaurants, and
the code has also been amended to the point where beer bars are specifically not
listed as allowable uses in these zones, that perhaps this requirement is no longer
necessary. The City Manager stated that it was the feeling of the Staff that the
matter does need further study; however, to avoid placing a hardship on those who
might have a development of this type coming into the community, the Council might
wish to consider an Urgency Ordinance while the study is being conducted.
In response to an inquiry from Councilram~ Roberrs, the City Manager indicated that
upon completion of the study, a permanent Ordinance would be adopted following Public
Hearing by the Planning Commission and City Council.
It was moved by Councilmen Lacayo and seconded by Councilman Roberrs to read the
following Ordinance by title only. The motion was unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Kanel
None
None
Title of the Urgency Ordinance is as follows:
ORDINANCE NO. 441
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS AMENDING SECTIONS 112.2, 113.2 AND 114.2 OF
ORDINANCE NO. 90 TO DELETE THE REQUIREMENT OF A
CONDITIONAL USE PERMIT FOR THE SERVICE OF ALCOHOLIC
BEVERAGES IN THE C-2, C-3 AND H-C ZONES, RESPECTIVELY.
It was moved by Councilman Lacayo and seconded by Councilman Roberts to adopt
Urgency Ordinance No, 441,
In answer to an inquiry from Councilman Roberts, the City Attorney stated that
the Urgency Ordinance is limited by law to a period of 90 days initially; however,
i~ is subject to an extension for an additional period of one year upon the holding
of a Public Hearing before the City Council. He stated that it can be for a period
shorter than the 90 days.
Councilman Kanode indicated that although he generally has a strong feeling in
opposition to Urgency Ordinances, as most of them are prohibitive in nature, this
one is not, and he will support it.
Following discussion, the motion was unanimously carried by the following roll
call vote:
AYE S:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Kenel
None
None
It was moved by Councilman Lacayo, seconded by Councilman Fanode and unanimously
carried to consider Item No, 17 on the agenda at this time.
CONSIDERATION OF AN APPLICATIO~..FOR A PRIVATE PATRU~ PERMIT--NEWTON SECURITY
PATROL: The City Manager reviewed a report dated November i8, i976 which stated
that the City has received an application from Mr. Thomas A. Newton of Newton
Security Patrol, Inc. for a Private Patrol Permit. The report advised that the
applicant proposes to have uniformed security officers at fixed locations in the
City of Cypress, as requested by their clients, and the Police Departmant has
completed an investigation of the applicant and finds no reason to protest the
issuance of the permit.
City Council Minutes
November 23, 1970
It was moved by Councilman Roberrs and seconded by Councilman Kanode to grant
the permit as requested to Newton Security Patrol, Inc,, 19 Pine Avenue Suite
512, Long Beach, California, The motion was unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Kanel
None
None
CONSIDERATION OF PROJECT #7101-10-0578s VALLEY VIEW STREET IMPROVEMENTS FROM
LINCOLN AVENUE TO ORANGE AVENUE: The City Manager 'presan~ea 'a repo~6 dated
November 13, 1970 from the Public Works Director which indicated that the
construction of the Valley View Street improvements, ProJect~ #7101-10-0~78,
was completed inaccordance with the plans and specifications on October 15, 1970
by Salveri and Ruiz Construction Company. The report advised that the specifications
for this project call for the Faithful Performance Bond to continue for one year
from the date of acceptance, and the Labor and Materials Bond to be released at
the end of the required thirty five (35) day lien period.
It was moved by Councilmen Roberts and seconded by Councilman Lacayo to accept
the Valley View Street improvements from Lincoln Avenue to Orange Avenue, and to
authorize the City Clerk to release the Labor and Materials Bonds upon expiration
of the required lien period provided no liens have been filed, and to release the
Faithful Performance Bonds upon expiration of the one year guarantee period
providing no defects in material or workma~lship become evident. The motion was
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Ka%el
None
None
CONSIDERATION OF GRAHAM STREET FEASIBILITY STUDY: It was moved by Councilman
Roberrs, seconded By Councilman Narvey and unanimously carried to continue the
consideration of the contents contained in the report dated November 16, 1970 from
the Public Works Director, to the next regular meeting of the City Council
scheduled for December 14, 1970.
CONSIDERATION OF ASSESSMENT FOR WEED ANp RUBBISH ABATEMENT 0[ SEAS0~.AL AND
REC~PaING .WEEDST .P.RASE II: The City I~ahage~ presented a report dated November
17, 1970, which indicated that in accordance with Resolution NO. 1102~ the
work ordered to abate a public nuisance consisting of seasonal and recurring weeds
has been completed. The report further indicated that a Resolution has been prepared
confirming the weed abatement assessment and imposing the special assessment on
these parcels, which, along with Exhibit '~", was posted at the Council Chambers
on Wednesday, November 18, 1970 per Section 39575 of the Government Code.
It was moved by Councilman Roberrs and seconded by' Councilman Kanode to accept
the work of the weed and rubbish abatement as being satisfactorily completed in
accordance with the specifications. The motion was unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Kanel
None
None
It was moved by Councilman Roberrs and seconded by Councilman Fanode to adopt the
following Resolution, as corrected, by title only, title as follows:
RESOLUTION NO. 1124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF SEASONAL
AND RECURRENT WEEDS GROWING UPON OR IN FRONT OF CERTAIN
PROPERTY IN THE CITY OF CYPRESS, AND IMPOSING SPECIAL
ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS
- 15 -
November 23, 1970
City Council Minutes
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
N0E S: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kenel
None
None
CONS~IDERATIO~.OF REQUN.ST FOR ADDITIqN.A~. APPROPRIATION--CAPITAL IMPROVEMENT PROJECT
7101-10i V~ELEYVIEWSTREETSOUTH OF LINCOLN AVENUE: The City Manager presented
a repor~ daled ~ovember 18, 1970, which '~nd~ied ~at the City Council will be
considering the approval of the Warrant List at this meeting, which includes final
payment to the contractor for Project 7101-10, which included the widening of
Valley View and the installation of a signal at the entrance~ to Cypress College.
The report continued, the con~nunity College District of North Orange County agreed
to pay $9,533.33 for their shareof the cost of the traffic signal installation,
and that this appropriation will not change the year end projections as the
increased expenditure will be off-set by an increase in revenue by the same
amount,.
It was moved by Councilman Roberrs and seconded by Councilman Harvey toappropriate
$9,533.33 from the Fund Balance of the General Fund to Capital Improvement Project
7101-10. The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs end Kenel
None
None
CONSIDERATION OF REQUEST FOR CHANGE IN APPOINTMENT TO FLY ..AB. ATEMENT BOARD: The
City Manager presented a report dated November 19, 1970, which indicated that
the City Council previously appointed Planning Connissioner Vickie Evans to serve
as the Planning Commission representative to the City's Fly Abatement Board.
Mrs. Evens has advised the Planning Comm4esion that she is no longer able to attend
the Fly Abatement Board meetings, and requested that the Planning Commission recormnend
another member for this position. The report stated that the Planning Commission
has submitted a recommendation for City Council consideration, to appoint Commissioner
Sonia SonJu to replace Vickie Evens on the Fly Abatement Board.
It was moved by Councilmen Roberrs and seconded by Councilman Harvey to appoint
Commissioner SonJ u as the Planning Commission representative to the Fly Abatement
Board° The motion was unanimously carried by the following roll call vote:
AYES:
NOt S:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
CONSIDERATION OF VERIFIED CLAIM FOR DAMAGES--MR. DENNIS McMILL.ION: The City Manager
presented a report dated November 19, 1970 which indicated the City has received
a verified claim for damages from Mr. Dennis McMillion, 9339 E. Ratliffe Street,
Dow~ey, in the amount of $5.50 for alleged false arrest for a traffic citation
which was apparently dismissed in court on June 10, 1970. Thereport further
indicated that the claim submitted is for mileage and for a photograph which
was used to prove Mr. McMilliun's innocence for a citation which was issued for
an illegal left turn onto Lincoln Avenue from Bloomfield.
It was moved by Councilman Kenode and seconded by Councilman Lacayo to deny the
claim for damages as outlined in the report, and to request the City Manager to
forward the claim to the Cityvs insurance carrier.
In response to an inquiry from Councilman Lacayo, the Police Chief stated that
it takes a lesser degree of proof to arrest than to convict, and that the citing
Officer need only to establish reasonable and probable cause if he believes a
violation of the law has been committed in his presence to issue a citation. He
further stated that the Officer does not necessarily have to prove that the
violation was committed beyond a reasonable doubt, as that is left to the prosecutor
in the courtroom. He then stated that the Officer did not error in issuing the
citation and the City, in his opinion, is not liable to Mr. McMillion.
- 16 -
~ "" ~ Council Minutes
November 23, 1970
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 C0UNCILMEN:
ABSENT: 0, COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Kenel
None
None
~p~SIDERATION OF.RE~Q~T .0N .STREET ~WEEPING SERVIq~S: Due to the lateness of the
hour, the City Manager suggested that if the Council would rather continue this
item at its next regular meeting, the only action which would be required at
this particular time would be to determine the level of service which would be
desired for the month of December.
It was moved by Councilman Kanode and seconded by Councilma~ Harvey to continue
the City's street sweeping service on a hi-weekly basis for the month of December.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COI~qCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Kenel
None
None
It was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously
carried to continue the consideration of this matter to the next regular meeting
of the City Council.
CONSIDERATIOM. OF PROPOSED CHANGES IN THE PLANNING DEPARTMENT STAFFING: The City
Manager presented a report dated November 19, 1970 , '~i&~ '~& a result of the
resignation of Planning Director George Putnam, recommended that the City Council
consider appointing Mr. Eli Hernandez, the Development Coordinator, Secretary to
the Planning Commission. The report suggested various other changes relative to
the Planning Department Staffing, including the addition of a full-time Planning
Technician and a Clerk-typist.
It was moved by Councilman Roberrs and seconded by Councilman Kanode to appoint
the Development Coordinator, Mr. Eli Hernendez, Secretary to the Planning Commission.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Kanel
None
None
Because of the lateness of the hour, it was moved by Councilman Roberrs and
seconded by Cooncilman Harvey to continue the consideration of the remaining
proposed changes in the Planning Department Staffing to the next regular meeting
of the City Council scheduled for December 14, 1970. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Kanel
None
None
CONSIDERATION OF APPROVAL OF CO~4ERC~AL WARRANT LIST FOR WARItANTS NO. 25431 THROUGH
25526: It was moved by Councilman Lacayo and secondea'by Council~n ~oberts to
approve the Commercial Warrant List for Warrants No. 25431 through 25526 in the
total amount of $81,223.80. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
AB SENT: 0 COUNCILMEN:
Harvey, Kanode, Lacayo, Roberrs and Kanel
None
None
CONSIDERATION OF A RESOLUTION ESTABLISM. ING A THREE WAY STOP AT.4A?4ES ALAN S~ ~ AND
JUANITA ST: It was moved by Councilman Harvey and seconded by Councilman Kanode
to adopt the following Resolution by title only, title as follows:
- 17 -
City Council Minutes
November 23, 1970
RESOLUTION NO, 1125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A THREE WAY STOP AT THE INTERSECTION OF JAMES
ALAN STREET AND JUANITA STREET IN THE CITY OF CYPRESS
The motion was tmanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
ORAL COPMUNICATIONS:
Harvey, Kanode, Lacayo, Roberrs and Kanel
None
None
There were no oral conanunicatione presenCed at this time.
ADJOURNMENT:
It was moved by Councilman Lacayo, seconded by Councilman Kanode and unanimously
carried to adjourn at 1:00 a.m.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
- 18 -