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Minutes 72-02-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 14, 1972 The regular meeting of the Cypress City Council was called to order at 4:12 p.m., on Monday, February 14, 1972, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro-Tam John Kanel presiding. PRESENT: Councilmen Lacayo, Roberrs and Kanel ABSENT: Councilmen Kenode and Harvey Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, and the following members of the City Staff: Dunlap, Bryant and Nudson~ Upon the invitation of Mayor Pro-Tam Hanel, Mrs. Jan Moss, 9415 Cambridge Ave., Cypress, addressed the City Council requesting that Item No. 21 on the agenda be moved forward. COUNCILMAN FANODE ARRIVED AT 4:15 P.M., AND TOOK HIS PLACE ON THE PODIUM. It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to consider Item No. 21 after Item No. 12 on the agenda has been considered. At this time, the City Manager introduced Mr. Goldstein, Chief Dairy Inspector from Orange County, who answered various questions of the City Council regarding the condition of the dairy located at Ball Road and Valley View Street. In response to an inquiry from Councilman Lacayo, who requested Mr. Goldatein's remarks be for the record, Mr o Goldstein stated that at this time, the owner of the dairy is doing whatever he can to alleviate any conditions that are obnoxious to the residents, and that he is abiding within the laws regarding a Grade "A" dairy; and further, that the owner has abided with all recommendations which have been offered by the Orange County Health Department° The City Manager then indicated that a Joint meeting with the Recreation and Park Commission has been scheduled for this afternoon!s session of the City Council in order to discuss the proposed Park Bond Issue. Chairman Kamm called the adjourned regular meeting of the Cypress Recreation and Park Commission to order at 4:34 p.mo, with the following Commissioners present: PRESENT: Commissioners Christensen, Spurgeon, Swain and Kamm ABSENT: Commissioners Andersen, Ritchie and Schaper ADJOURNMENT: It was moved by Councilman Kanel, seconded by Councilman Lacayo and unanimously carried to adjourn the meeting of the City Council to the Employee's Lounge at 4:35 p.mo It was moved by Commissioner Spurgeon, seconded by Commissioner Swain and unanimously carried to adjourn the meeting of the Recreation and Park Commission to the Employee's Lounge at 4:36 p.m. CALL TO ORDER: Mayor Pro-Tam Kanel called the meeting of the Cypress City Council to order at 4:45 p.m., in the Employee's Lounge, 5275 Orange Avenue, Cypress, California, with the following Councilmen in attendance: City Council Minutes Febryary 14, 1972 PRESENT: Councilmen Kenode, Lecayo, Roberrs and Kanel ABSENT: Mayor Harvey Chairman Kamm called the meeting of the Cypress Recreation and Park Commission to order at 4:46 p.m., in the Employso's Lounge, 5275 Orange Avenue, Cypress, California, with the following Commissioners present: PRESENT: Commissioners Christensen, Spurgeon, Swain and ~mm ABSENT: Commissioners Andersen, Ritcbie and Schaper Discussion centered around the possibility of the City's acquiring two sites which have been declared surplus by the Cypress Elementary School District, and the various alternatives which would be available to the City regarding the financing of the acquisition of the sites. Following discussion, it was moved by Commissioner Christensen, seconded by Commissioner Spurgeon and unanimously carried that the Cypress Recreation and Park Commission recommend to the City Council that the acquisition of the Oak Knoll site and the Moody Street site not be included in a General Obligation Park Bond Issue. It was moved by Commissioner Swain, seconded by Commissioner Christensen and unanimously carried to recommend to the City Council, that based on an acceptable appraisal, the City proceed with the acquisition of the Oak Knoll and Moody Street properties, using the borrowing capacity of the Cypress Recreation and Park District~ COMMISSIONER CHRISTENSEN LEFT THE MEETING AT 5:45 P.M. ADJOURNMENT: The Cypress Recreation and Park Commission was adjourned at 5:45 p.m~, due to a lack of a quorum. RECESS: It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to recess at 5:48 p~m., to 7:30 p.m. CALL TO ORDER: The meeting was called back to order at 7:31 p.m., in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Kanel, Kenode, Lacayo, Roberrs and Harvey ABSENT; None Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap, Savord, Bryant, Schatzeder, Nudson and Grissom. PLEDGE OF ALLEGIANCE: Councilman Roberrs led the City Council and audience in the Pledge of Allegiance~ MINUTES: It was moved by Councilman Kanode and seconded by Councilman Kanel to approve the Minutes of January 17, 1972, as presented. It was moved by Councilman Roberrs and seconded by Councilman Lacaye to table the consideration of the January 17, 1972 Minutes to the next regular meeting of the City Council° - 2- February 14, 1972 It was moved by Councilman Kenode, seconded by Councilman Robertsand unanimously carried to approve the Minutes of January 24, 1972, as presented. It was moved by Councilman Kenode, seconded by Councilman Kanel and unanimously carried to approve the Minutes of February 7, 1972, as presented. ORAL COMMUNICATIONS: There were no oral communications presented at this time. CONSENT CALENDAR: The Mayor announced that all items listed on the Consent Calendar were to be considered by the City Council to be routine and enacted by one motion approving the recommendation contained in the Administrative Report concerning the matter. It was moved by Councilman Kenode, seconded by Councilman Fanel and unanimously carried to approve Items No o 1 through 8 on the Consent Calendar~ Item No o 1: Consideration of receipt of Orange County Mosquito Abatement District Minutes of the meeting held January 20, 1972. Recommendation: That the City Council receive and file these minutes. Item No. 2: Consideration of request to proclaim February 21-25 as "Nutrition Week." Recommendation: That the City Council proclaim February 21-25, 1972 as "Nutrition Week" inthe City of Cypress~ as requested by the Cypress Jr, Women's Club. Item No. 3: Consideration of request to proclaim February 26, 1972 as "Cypress Beautification Days" Recommendation: That the City Council proclaim February 26, 1972 as "Cypress Beautification Day" as requested by the Woman's Club of Cypress° Item Noo 4: Consideration of con~nunications concerning the need for construction of additional electrical generating facilities in Orange County. Recommendation: That the City Council request the Orange County Division of the League of California Cities to undertake a more detailed analysis of the electrical power needs of the County, and to further advise all City Councils of Orange County of their findingso Item No. 5: Consideration of appointment of official representatives to the Southern California Association of Governments. Recommendation: That the City Councilapprove the appointment of Mayor Robert Harvey as the City of Cypress official r~presentative to the Southern California Association of Governments, and Councilman Delno Kenode as the alternate. Item No. 6: Consideration of request of the Cypress ~nployees Association for the exchange of holidays. Recommendation: That the City Council approve the exchange of the Christmas Eve Holiday for Friday, November 24, 1972, as requested by the Cypress Employees Association° Item No. 7: Consideration of authorization for the City Manager to attend League Conference~ Recommendation: That the City Council authorize the City Manager to attend the -3- City Council Minutes February 14, 1972 annual City Managers' Conference in Coronado on March 8-10, 1972, and to be reimbursed for necessary and actual expenses. Item NO, 8: Consideration of receipt of notice of an application for an On-Sale Beer and Wine license at the American Family Steakhouse located at 5591 Lincoln Avenue. Recommendation: Receive and file. It was moved by Councilman Kanode, seconded by Councilmen Roberrs and unanimously carried to consider Item No. 14 on the agenda at this time, and to proceed until 8:00 p.m., at which time the Public Hearings are scheduled to be held. CONTINUATION OF CONSIDERATION AND DISCUSSION OF A REQUEST BY THE CITy OF LA PALMA FOR PARTICIPATION BY THE CITY OF CYPRESS IN THE COMPLETION OF EL RAN~HO VERDE PARK: The City Manager presented a report from the Recreation and Park Director dated February 8, 1972, requesting the continuance of this item as the County Counsel has not, as yet, transmitted their opinion on this matter. It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to continue the consideration of this item to the next regular meeting of the City Council, scheduled to be held on February 28, 1972. CONSIDERATION OF REQUEST FOR RECREATION AND PARK DISTRICT SPONSORSHIP OF THE CYPRESS SHOWSTOPPERS: The City Manager reviewed a report from the Recreation and Park Director dated February 9, 1972, which advised that the Cypress Recreation and Park Commission, at its meeting of February 8, 1972, voted to recommend to the City Council that the Council approve the Cypress Recreation and Park District sponsorship of the Cypress Showstoppers, with that sponsorship to include an advisory member on the Board of Directors and employment of the Band Director as a part time employee, and to assist in transportation and event participation scheduling. It was moved by Councilman Roberrs and seconded by Councilman Kanel that the Cypress City Council, acting as ex-officio governing Hoard of Directors of the Cypress Recreation and Park District, authorize the Recreation and Park District to become the sponsoring agency of the Cypress Showstoppers effective March 1, 1972, and that the sponsorship include a member of the District staff sitting as ex-officio member of the Board of Directors in an advisory capacity; and that the sponsorship include the employment of the Band Director as part of the District part time staff, and further, that the District assist in providing transportation to events in which the band participates. Following discussion, Councilman Roberrs and Councilman Kanel agreed to amend their motion to state that the Recreation and Park District would become the sponsoring agency of the Cypress showstoppers for a three month period, effective March 1, 1972o The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Roberrs and seconded by Councilman Kenode that the City Council, acting as ex-officio Board of Directors of the Cypress Recreation and Park District, authorize the position of one part time classification of Music Instructor, making the total two. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Fanel, Fanode, Lacayo, Roberrs and Harvey None None -4- City Council Minutes February 14, 1972 It was moved by Councilman Roberrs and seconded by Councilman Kenode that the City Council, acting as ex-officio Board of Directors of the Cypress Recreation and Park District, appropriate $2,000 from the District Unappropriated Reserve to cover the cost of the sponsorship of the Cypress Showstoppers for the balanceof the 1971-72 fiscal year. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Roberrs and Harvey None None CgNSIDERATION OF CERTIFICATION OF EMPLOYMENT LIST FOR RECREATION SUPERVISOR| The City Manager presented a report dated February 10, 1972, containing the names of those individuals who have successfully completed the examination for the position of Recreation Supervisor in the Cypress Recreation and Park District~ It was moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously carried to certify the employment list for the position of Recreation Supervisor in the Cypress Recreation and Park District, as submitted. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 1259 THROUGH f300 (RECREATION & PARK DISTRICT): It was moved by Councilman Lacayo and seconded by Councilman Roberrs to approve the Cypress Recreation and Park District Commercial Warrant List for Warrants No~ 1259 through 1300 in the total amount of $24,931.66. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF ACCEPTANCE OF FINAL TRACT MAP #7594: The City Manager presented a report from the Public Works Director, dated February 4, 1972, which indicated that Tract #7594 is the second unit in Tentative Tract Map #6932 which was approved by the City Council on August 23, 1971; and that the final map agrees substantially with the tentative map as approvede It was moved by Councilman Roberrs and seconded by Councilman Fanode to approve Final Tract Map #7594 and to accept the bonds and agreements for public improve- ments in the amount of $293,160.00, which is not less than 50% nor more than 100% of the total improvements and to authorize the Mayor and the City Clerk to sign the agreements and the City Clerk to sign the record map upon completion of the following conditions: 1. Approval of bonds and agreements by the City Attorney. 2~ Completion of corrections required for improvement plans. 3. Agreement by the developer to the above conditions. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Fanel, Fanode, Lacayo, Roberrs and Harvey None None RECESS: Mayor Harvey declared a recess at 7:58 p.mo The meeting was called back to order at 8:01 pom., with all Councilmen present. CONTINUATION OF PUBLIC HEARING RE: CONSIDERATION OF AN APPEAL OF THE DECISION OF THE POLICE CHIEF TO DENY A PERMIT TO DIANA LEE ANGELO TO PERFeP, M MASSAGE SERVICES: The Mayor announced this was the time and place for the Public Hearing to consider an appeal of the decision of the Police Chief to deny a permit to Diana Lee Angelo - 5- City Council Minutes February 14, 1972 to perform massage services, pursuant to the terms of Chapter 15A of the Cypress Municipal Code~ The Mayor announced that the Public Rearing was open, and requested the Staff to present its report. The City Manager presented a report dated February 9, 1972, which indicated that the City Council, at its regular meeting of 3anuary 10, 1972, continued this matter, and that the notices of continuation of the Public Rearing have been posted. The City Manager then tn=roduced Mr. Tully Seymour , City Attorney for the City of Laguna Beach, who, by City Council action, was retained to represent the City in matters of this nature~ Mr. Ale n Avis, Attorney at Law, 4075 Main Street, Riverside, California, representing Mrs, Angelo, addressed the City Council requesting a thirty to sixty day continuance of this matter in order that he be given an opportunity to review the contents of the examination which was administered toMre. Angelo. Upon the advice of the City's Special Counsel, it was moved by Councilman Fanode and seconded by Councilman Fatal to continue the Public Hearing on this matter to the next regular meeting of the City Council, scheduled to be held on February 28, 1972, in order to allow Mr. Avis an opportunity to review the contents of the examination. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fatal, Fanode, Lacayo, Roberrs and Harvey None None At the request of Mr~ Avis, and with the concurrence of the City's Special Counsel, it was moved by Councilman Fanode, seconded by Councilman Roberrs and unanimously carried to place on the agenda for the City Council meeting of February 28, 1972, a Public Rearing to consider an appeal of the Police Chief's decision to deny a permit to perform massage services in the City to Miss Riley Louise Rolcomb. ~(ECUTIVE SESSION: It was moved by Councilman Roberrs, seconded by Councilman Fatal and unanimously carried to go into an Executive Session at 8:17 pom., with the City's Special Counsel and the City Manager to discuss a matter of litigation. The meeting was called back to order at 8:30 pom., with all Councilmen present. PUBLIC HEARING RE: CONSIDERATION OF AN AMENDMENT TO ORDINANCE NOo 90 PERTAINING TO NON-CONFORMING LOTS, BUILDINGS AND USES: The Mayor announced this was the time and place for the Public Rearing to consider an amendment to Ordinance No. 90, the Zoning Ordinance, regarding non-conforming lots, buildings and uses under Variance or Conditional Use Permit, initiated by the City Council of the City of Cypress. The Mayor declared the Public Hearing open, and requested the Staff to present its report. The City Manager presented a report dated February 8, 1972, which indicated the affidavits of posting and publication of the Public Rearing notices are on file in the office of the City Clerk, and no conununications have been received in regard to this matter~ Attached to the report isPlanning Commission Resolution No. 565, which recommends City Council approval of the amendment to Section 122.11 of the Zoning Ordinance° There being no one to speak in favor of or in opposition to the proposed amendment, the Mayor declared the Public Rearing closed. It was moved by Councilman Fanode, seconded by Councilman Roberrs and unanimously carried to read the following Ordinance by title only. Title of the Ordinance is as follows: - 6- City Council Minutes February 14, 1972 ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 122oll OF ORDINANCE NO~ 90, THE ZONING ORDINANCE, REGARDING NON-CONFORMING LOTS, BUILDINGS AND USES UNDER VARIANCE OR CONDITIONAL USE PERMITS. It ~as moved by Councilman Kenode and seconded by Councilman Roberrs to approve the first reading of the Ordinance. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None PUBLIC HEARING RE: CONSIDERATION OF AN APPLICATION FOR A SPECIAL PERMIT TO ALLOW DOOR-TO-DOOR SOLICITATION--SUNSHINE COLOR PHOTOGRAPHY: The Mayor announced this was the time and place for the Public Hearing to consider an application for a Special Permit to allow door-to-door solicitation of color portraits in the City of Cypress, requested by Mr. Morris Jacobs of Sunshine Color Photography, 6156 Santa Monies Blvd., Los Angeles, California. The Mayor declared the Public Hearing open, and requested the Staff to present its report. The City Manager presented a report dated February 9, 1972, from the Finance Director, which advised that the affidavits of publication and poering of the Public Hearing notices on this matter are on file in the office of the City Clerk. Upon the invitation of Mayor Harvey, the applicant, Mr. Morris Jacobs, 6156 Santa Manice Boulevard, Los Angeles, California, addressed the City Council describing the manner in which his business is conducted, and answering various questions of the Council. Speaking in favor of the granting of the Special Permit was Mr. Julius Nygren, 2966 W. 9th Street, Los Angeles, California, Crew Manager for the photography studio. In response to inquiries from the City Council, the Police Chief reviewed an application which had been requested by Mr. Alex Clipper on behalf of Sunshine Color Photography, and which was denied by the City Council at its meeting of November 12, 1968. There being no further public testimony, the Mayor declared the Public Hearing closed. It was moved by Councilman Kenode and seconded by Councilman Lacayo to deny the request for a Special Permit to solicit door-to-door for the purpose of taking and selling portraits, to Sunshine Color Photography, as itwas felt that the operation of the business would not comport with the peace, health, safety, convenience, good morals, and general welfare of the public. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None PUBLIC HEARING RE: CONSIDERATION OF A REQUEST FOR APPLICATION OF CERTAIN PROVISIONS OF THE VEHICLE CODE TO PRIVATE STREETS WITHIN CASA GRANDE CIRCLE: The Mayor announc, this was the time and place for the Public Hearing to consider a request for applica- tion of certain provisions of the Vehicle Code to private streets within Casa Grande Circle. - 7 - City Council Minutes February 14, 1972 The Mayor declared the Public Hearing open, and requested the Staff to present its report. The City Manager presented a report from the Public Works Director dated February 9~ 1972~ which indicated that in connection with the vacation of Case Grande Circle, the developer of the apartments agreed to initiate procedures, pursuant to Section 21107.7 of the California Vehicle Code~to allow the Police Department the right of access to the street for control and security purposes. The report advised that the affidavits of posting, publication and mailing of the Public Hearing notices are on file in the office of the City Clerk, and that no written communica- tions have been received in reference to this matter° Speaking in favor of the request, was the developer, Mr. Edward Warmington, 300 N. Newport Blvd., Newport Beach, California° There being no one to speak in opposition to the request, the Mayor declared the Public Hearing closed° It was moved by Councilman Kenode and seconded by Councilman Roberrs to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPLYING VARIOUS PROVISIONS OF THE VEHICLE CODE OF TItE STATE OF CALIFORNIA TO A CERTAIN PRIVATELY OWNED AND MAINTAINED ROAD° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to consider Item Noo 28 on the agende immediately after Item No. 21 has been considered. RECESS: Mayor Harvey declared a recess at 9:15 pomo The meeting was called back to order at 9:22 p~mo, with all Councilmen present° CONSIDERATION OF IMPROVEMENTS FOR THE STRAIGHT TALK BUILDING ON CAMP STREET: The City Manager reviewed a report from the Public Works Director, dated February 9, 1972, and a supplementary report, dated February 14, 1972, both relating to various improvements for the Straight Talk, Into building on Camp Street° It was moved by Councilman Kenode and seconded by Councilman Roberrs to appropriate $4,000.00 to Account #4310-692, and to authorize the Staff to issue the necessary purchase orders to accomplish the work noted° Councilman Kanel indicated that he would abstain from voting on this item, as ha serves on the Board of Directors of Straight Talk, Into The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Hatode, Lacayo, Roberrs and Harvey None None Hanel -8- City Council Minutes February 14, 1972 CONSIDERATION OF A COMMUNICATION pROPOSING THE ADOPTION OF A RESOLUTION URGING WITHDRAWAL FROM VIETNAMBY 3UNE~1972: The City Manager presented a report dated February 10, 1972, which advised that the City has received a communication and a copy of a proposed Resolution from Mr~ Karl J. Mazzeo, 9949 Madrid Circle, Cypress, requesting the City Council to adopt a Resolution urging the withdrawal of all American military personnel from Viethem and Southeast Asia by June, 1972. Mr. Karl Mazzeo then addressed the City Council submitting a petition in favor of withdrawing from Vietnam by June, 1972, and strongly urged the City Council to adopt the proposed Resolution° Also urging the City Council to adopt the proposed Resolution was Reverend Dale Hultgren, Pastor, Mt~ Calvary Lutheran Church, Cypress. At this time, Mayor Harvey, based on the opinion of the City Attorney that the City Council does not have the authority to collectively represent or act on behalf of the citizens of the conunity on an issue of this nature, moved to receive and file the request~ The motion died for a lack of a second° Mr. David Prendergast, President of the Cypress College Veteran's organization, addressed the City Council requesting support of the proposed Resolution. It was then moved by Councilman Lacayo and seconded by Councilman Kanel, for the purpose of discussion, to direct the City Attorney to report back to the City Council on methods whereby this matter could be brought before the citizens of Cypress in the form of a referendum~ Following discussion, the motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Roberrs and Harvey None None RECESS: Mayor Harvey declared a recess at 10:20 p.m. The meetins was called back to order at 10:23 pomo, with all Councilmen presents It was moved by Councilman Roberrs and seconded by Councilman Lacayo, for the purpose of discussion, to waive the rules and to consider the proposed Resolution. Upon the advice of the City Attorney, that it would not be necessary to waive the rules in this instance, Councilman Roberrs and Councilman Lacayo agreed to reword their motion to state that although there may be a limitation on the powers of the City Council to do so, but because of the magnitude of the issue and the desire to express an opinion, that the following ResolUtion be adopted by title only, title as follows: RESOLUTION NO~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING WITMDRAWAL OF ALL AMERICAN MILITARY PERSONNEL FROM VIETNAMAND SOUTHEAST ASIA BY JUNE, 1972~ Councilman Fanel stated, for the record, that as the Resolution stands, he could not agree with its contents~ Following a discussion period concerning the possible rewordins of the Resolution, it was moved by Councilman Fanode and seconded by Councilman Fanel to tablethe item to the next regular meeting of the City Council, scheduled to be held on February 28, 1972, and that each Councilman analyze the Resolution from his own viewpoint, and determine whether or not the Resolution could be worded in such e manner so as to be acceptable to the City Council, collectively. The motion was unanimously carried by the following roll call vote: - 9- City Council Minutes February 14, 1972 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None CONTINUATION OF CONSIDERATION OF PROPOSED GENERAL OBLIGATION PARK BOND ISSUE: The City Manager presented a report dated February 10, 1972, which indicated the City Council, at its regular meeting of January 24th, continued the consideration of the proposed General Obligation Park Bond issue in order to conduct a Joint meeting with the Recreation and Park Commission during the afternoon session of the February 14th meeting° It was moved by Councilman Roberrs and seconded by Councilman Lacayo, for the purpose of discussion, to receive and file the information concerning this matter. For the benefit cf Mayor Harvey, who had not been present at the afternoon session of the City Council, the City Manager reviewed what had transpired at the Joint meeting with the Recreation and Park Commission° Following a discussion, Councilman Roberrs withdrew his motion° It was moved by Councilman Roberrs and seconded by Councilman Lacayo to continue the consideration of this item to the next regular meeting of the City Council. motion was unanimously carried by the following roll call vote: The AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF MINOR BOUNDARY RELOCATION ON BLOOMFIELD - CYPRESS/LOS ALAMITOS: The City Manager presented a report dated February 2, 1972, which advised that the certified copy of the Resolution of Consent by the City of Los Alamitos approving a minor boundary relocation on Bloomfield Street north of Ball Road has been filed with the City Clerk~ It was moved by Councilman Roberrs and seccnded by Councilman Ranode to adopt the followinS Resolution by title only, title as follows: RESOLUTION NO~ 1234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RELOCATING A CERTAIN PORTION OF THE BOUNDARIES BETWEEN THE CITY OF CYPRESS AND THE CITY OF LOS ALAMITOS, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Henode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF R~MOVAL OF FICUS TREES ON ROME AVENUE: The City Manager presented a report from the Public Works Director, dated February 8, 1972, which indicated that there are twenty-eight large Ficus Rubiginosa trees in the parkways on Rome Avenue between Grindlay and Walker Street, the species of which has voracious roots which grow on the surface and disrupt the curb, gutter and aidewalk~ It was moved by Councilman Henode and seconded by Councilman Roberrs to approve the removal of twenty-eight Ficus Rubiginosa (Rusty Leaf Fig) trees on Rome Avenue, as outlined in the report° The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Roberrs and Harvey None None - 10- City Council Minutes February 14, 1972 It was moved by Councilman Roberrs and seconded by Councilman Lacayo that the City Council appropriate $1,300~00 from the General Fund balance to Account #4526-359~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF REPORT ON CONDITION OF TNE LEAL DAIRY, 5962BALL ROAD: The City Manager presented a report dated February 10, 1972, which a'dvised that at its regular meeting of January 24th, the City Council requested the City Manager to contact the owner of the subject dairy to seek his cooperation in correcting the fly and odor problem on the dairy; and further, to contact the Orange County Health Department to determine whether or not a health problem exists at the dairy. The City Manager then presented a verbal report, summarizing the comments which had been made by the Orange County Chief Dairy Inspector at the afternoon session of the City Council; following which, he presented a report from the City Attorney regarding the steps which might be taken to eliminate the problem at the dairy. It was moved by Councilman Lacayo and seconded by Councilman Kenode to continue the consideration of this item to the next regular meeting of the City Council scheduled to be held on February 28, 1972, and to inform the citizens who have expressed an interesu in this matter of what has transpired thus far° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Henode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF ANNEXATION OF BEBEREIA PROPERTY ON LINCOLN AVENUE: The City Manager reviewed a report dated February 10, 1972, which indicated that the City has received a request from Mro Daniel Fo Bebereia to annex his property located on the south side of Lincoln Avenue, west of Moody Street, to the City of Cypress° In response to an inquiry from Councilman Roberrs, Mr~ Edward Warmington, 300 N. Newport Blvd., Newport Beach, California indicated that to his knowledge, Councilman Roberrs had not had any direct contact with anyone from his company relative to this propertyo It was moved by Councilman Henode and seconded by Councilman Lacayo to authorize the Staff to prepare the necessary petition to present to the Local Agency Formation Commission for the annexation of the property described in the report° The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF AGREEMENT FOR POPULATION ESTIMATE FROM THE STATE DEPARTMENT OF FINANCE: The City Manager presented a report dated February 10, 1972, which indicated that the City Manager's office has requested a population estimate from the State Department of Finance which would be certified as of April 5, 1972, and that in order to proceed with the estimate, the City Council is required to take action authorizing the Mayor to sign and the City Clerk to attest an agreement with that agency° It was moved by Councilman Kenode and seconded by Councilman Roberrs to authorize the Mayor to sign and the City Clerk to attest the agreement with the State Department of Finance to provide a population estimate for the City of Cypress, to be certified as of April 5~ 1972o The motion was unanimously carried by the following roll call vote: - 11 - City Council Minutes February 14, 1972 AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, banode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF PLACING AN AD IN THE OFFICIAL YEARBOOK OF THE ORANGE COUNTY PRESS CLUB: The City Manager reviewed a report dated February 10, 1972, which advised that the City has received a letter from Peggy Twombly, Vice-President of Wallach Company, requesting the City to place a full page signature ad in the official yearbook of the Orange County Press Club, "ADD ONE°" It was moved by Councilman Kenode and seconded by Councilman Lacayo to authorize a $25~00 appropriation for a full page signature ad in the Orange County Press Club, "ADD ONE" yearbooko The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Fanel, Fanode, Lacayo, Robarts and Harvey None None CONSIDERATION OF ACQUIRING A PLAQUE FOR THE FRANK Po NOE COMMUNITY .CENTER BLDG: The City Manager presented a report dated February 9, 1972, which indicated that at its meeting of September 20, 1971, the City Council requested a report regarding the acquisition of a permanent type outdoor sign and a bronze plaque for tba Frank Po Noe Community Center building. It was moved by Councilman Fanode and seconded by Councilman Fanel to authorize Advance Aluminum Company tc prepare a plaque for installation at a cost of $55.00. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNC~LMEN~ Fanel, Fanode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously carried to establish the date of Saturday, March 18, for the officialdedication of the building~ CONSIDERATION OF INITIATING AN HONORARY MAYOR PROGRAM IN THE CITY: The City Manager presented a report dated February 9, 1972, which indicated that at its meeting of June 14, 1971, the Cypress City Council requested a report relative to the intlation of an Honorary Mayor program for students living within the Cypress area° It was moved by Councilman Lacayo and seconded by Councilman Fanel to direct the Staff to contact the appropriate school district officials for implementation of an Honorary Mayor program, and to suggest that an election he held to fill this position~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Fanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF REQUEST FOR WAIVER OF FEES AND AMENDMENT TO LEASE AGREEMENT BY THE BOYS CLUB OF CYPRESS: The City Manager presented a report dated February 10, 1972, which indicated the City has received a request from Mro Richard Morris, President of the Boys Club of Cypress, to waive the required fees for the develop- ment of the Boys Club building on City property at 10491 Moody Street, Cypress° The report advised, that in addition, the Boys Club has requested an amendment to their lease agreement with the City to reduce the basic amount of Liability Insurance coverage ~ - 12- City Council Minutes February 14, 1972 It was moved by Councilman Kanode and seconded by Councilman Roberrs to authorize a waiver of all fees and permits required for the zoning and building requirements involved in the construction of the Boys Club facllity~ end to authorize a change in the lease agreement between the City of Cypress and the Boys Club of Cypress to reduce the insurance requirement from $3,000,000/$5,000,000 to $1,000,000/ $2,000,000, and to authorize the Mayor to sign and the City Clerk to attest the amended lease agreement~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberts and Harvey None None CONSIDERATION OF ADOPTION OF RESOLUTION ESTABLISHING A BASIC COMPENSATION PLAN AND SALARIES FOR CITY EMPLOYEES: The City Manager presented a report dated February 9, 1972, which indicated that at its meeting of January 31, 1972, the City Council entered into a Memorandum of Understanding between the City of Cypress, and the Cypress Police Association and Cypress Employees' Association, agreeing to grant a 5% increase in salaries to all City employees placed under the Basic Compensation Plan of the City° It was moved by Councilman Fanode and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION N0. 1235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A BASIC COMPENSATION PLAN, ESTABLISHING SALARIES FOR CITY EMPLOYEES PLACED UNDER THE BASIC COMPENSATION PLAN, AND ESTABLISHING SALARIES FOR CITY ~MPLOYEES NOT PLACED UNDER THE BASIC COMPENSATION PIANo The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Ranel, Ranode, Lacayo, Roberrs end Harvey None None CONSIDERATION OF PROPOSED POSITION CLASSIFICATION PLAN AMENDMENTS: The City Manager presented a report dated February 9, 1972, which outlined several amendments which are required to the Position Classification Plan in order that it coincide with the personnel assignments established in the current 1971-72 budget° It Was moved by Councilman Kenode and seconded by Councilman Roberrs to adopt the following Resolution by title only, title as follows: RESOLUTION NO o 1236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO o 975 BY ADDING CLASS SPECIFICATIONS FOR THE POSITIONS OF DEPUTY CITY CLERK I, DISPATCHER I AND II, GENERAL SERVICES CLERK, PLANNING TECENICIAN, AND RECORDS COORDINATOR, AND ADDING A REVISED CLASS SPECIFICATION FOR THE POSITION OF REPROGRAPHIC TECHNICIAN, TO THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE COMPETITIVE SERVICE OF THE CITY OF CYPRESS~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Ranel, Ranode, Lacayo, Roberrs and Harvey None None - 13 - City Council Minutes February 14, 1972 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTSNOo 28496 TBROUGH28615: 'It was moved by CouncilmanRoberts and seconded by Councilman L~cayo to approve the Commercial Warrant List for Warrants N0o28496 through 28615 in the total amount of $115,925o44o The motion was unanimously carried by the following roll calI vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Roberrs and Harvey None None ORAL COMMUNICATIONS: There were no oral communications presented at this time. At the request of the City Manager, it was moved by Councilman Fanode, seconded by Councilman Roberrs and unanimously carried to place on the agenda for considera- tion at this time, a matter pertaining to the Los Alamitos Race Track. The City Manager then reviewed the outcome of a meeting between the Cypress City Manager and Police Chief, and the City Manager of Los Alamttos and the Los AIamitos Police Chief concerning the traffic control which will be necessary due to the additional racing period at the Los Alamttos Race Track, It was moved by Councilman Fanode and seconded by Councilman Fanel to direct the City Staff to prepare the necessary amendments to the City's Ordinance pertaining to Admissions Tax, as outlined by the City Manager, and further, that a Joint-Powers Agreement between the the City of Cypress and the City of Los Alamitos, regarding traffic control at the Fatella Avenue entrance of the race track, be prepared. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Fanode, Lacayo, Roberrs and Harvey None None At the request of the City Manager, it was moved by Councilman Lacayo, seconded by Councilman Fanode and unanimously carried to place on the agenda for consideration at this time, a matter pertaining to the setback requirement, as defined under the City's Urgency Ordinance° Following discussion concerning the interpretation of the 25' setback requirement, it was moved by Councilman Fanode, secondedby Councilman Kenel and unanimously carried to continue this item to the next regular meeting of the City Council, scheduled to be held on February 28, 1972o ADJOURNMENT: It was moved by Councilman Fanode, seconded by Councilman Fanel and unanimously carried to adjourn the meeting at 12:30 a.m. MAYOR OF TEE CITY OF C~SS ATTEST: CITY~CL~RK OF'THE CIT~ OF CYPRESS - 14 -