Minutes 66-07-25INDEXED
MINUTES OF THE CITY COUNCIL
OF THE CITY OF CYPRESS
HELD
July 25, 1966
The Cypress City Council held a regular meeting on July 25, 1966, in the
City Council Chambers, 5172 Orange Avenue, Cypress, California, at 3:00 p.m.,
Mayor Frank P. Noe presiding.
PRESENT: Councilmen Bowart, Harvey, Kanel, McCarney, and Noe
ABSENT: None
Also present were City Manager/City Clerk Darrell EsseX, City Attorney
Leonard Hampal, Assistant City Manager Darrell Dalton, Public Works
Director Arthur Schatzeder, Planning Director George Putnam, and Police
Chief George Savord.
MINUTES:
It was moved by Councilman McCarney, seconded by Councilman Harvey, and
unanimously carried, to approve the minutes of the meeting of June 27, 1966.
With reference to the Minutes for the July I1, 1966, City Council meeting,
Counc~man Bowen stated that the address listed for Mr. John Poole, on
Page 3, should read 6621 Mr. Palomar, Buena Park, and the address for
Mrs. Sarah Balston, 5290 Yorkshire Street, Cypress,
Councilman Kanel requested that paragraph 5 on Page 4 be expanded to include
other statements made by him as follows "Councilman Kanel stated that he
felt the Attorney for the Church and the City Attorney should be allowed
to negotiate this matter without having a club hanging over the church's
head."
Following a discussion regarding the various procedures which could be used
to place Councilmen's statements in the minutes, it was moved by Councilman
Harvey, seconded by Councilman Bowart, and unanimously carried, to approve
the minutes of the July 11, 1966, meeting with the corrections and additions
noted by Councilmen Bowen and Kanel.
STAFF REPORTS AND DISCUSSIONS:
Foliowing a brief discussion, it was agreed by the City Council members to
follow the format used in the minutes of the July 11, 1966, meeting regarding
the Staff Reports and Discussions portion of the meeting.
Further discussion ensued concerning the inclusion of Councilmen's state-
ments in the City Council minutes, following which it was agreed that the
Councilmen will either submit their statements in writing ~make a verbal
request that certain statements be included in the minutes, and if no
indication is given, it will be left up to the discretion of the staff as
to which statements to include.
Following a review of the matters to be considered during the Staff Reports
and Discussions portion of the agenda, it was concluded that the time would
be devoted to discussion of items which will be coming up in the future and
any questions the Councilmen may have concerning agenda items, with all
actions on agenda items to be taken at the evening session. It was also
agreed that at the City Manager's discretion, the various Department Heads
need not be present at these sessions. The City Manager further stated
that unless directed othermise, he would verbally submit reports requested
by the City Council at previous meetings.
Upon the suggestion of Councilman Kanel, it was agreed to view Mr. Pete
Van Ruiten's property concerning his drainage problem following the afternoon
meeting.
July 25, 1966
269
The City Manager reviewed the forthcom£ng annual conference of the League
of California Cities in San Diego, and was requested by the City Council
to proceed with making the necessary reservations.
The City Manager reviewed the results of a survey of Orange County cities
concerning dinner meetings and compensation paid to City Councilmen and
Planning Commissioners. It was generally agreed to discontinue the dinner
meetings prior to the evening City Council meetings, as of the August 8,
1966 City Council meeting; however, this would not preclude the scheduling
of dinner meetings from time to time when required. Following discussion
concerning this policy with reference to the Planning Commission, it was
moved by Councilman Bowen and seconded by Councilman Harvey, to instruct
the City Attorney to draft a Resolution for presentation at the next City
Council meeting, providing for compensation to Planning Commissioners in
attendance at the Planning Commission meetings, at the rate of $10.00 per
meeting, with a maximum of $20.00 per month. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, McCarney, and Noe
None
None
It was further agreed to consider the discontinuance of Planning Commission
dinners at the time the above requested Resolution is presented.
The City Manager reported that the Cypress School District had made
arrangements to satisfactorily remove the weed and rubbish, as provided in
the 1966 Weed Abatement Program. An investigation of Mr. Van Ruiten's
property indicates that the weeds and rubbish have not been removed as of
this date. Mr. Van Ruiten addressed the Council, stating that he intends
to do the required work, but has not been able to burn the rubbish due to
the fact that burning has not been permitted.
Following discussion concerning some type of recognition to be given on
behalf of the City Council to the foreign teachers visiting the City under
the American Host Program, it was moved by Councilman Bowen, seconded by
Councilman Harvey, and unanimously carried, to consider this matter at the
evening portion of the meeting.
Following a review by the City Manager of the City's three official posting
places, it was determined by the City Council to discontinue posting notices
at the unofficial posting place at 5523 East Lincoln Avenue, Cypress.
Following discussion on the recommendations of the City Colors, Motto, and
Entrance Sign Committee, it was moved by Councilman Harvey, seconded by
Councilman Bowen, and unanimously carried, to request the staff to submit
its recommendations on this matter for consideration at the next City
Council meeting.
Following a review of the status of the flag pole to be donated to the City
for the Civic Center by the Federation for Community Affairs, the City
Council generally agreed to the substitution of a steel pole for an
aluminum pole, with the color of the flag pole to be determined in consul-
tation with the Architect.
The City Manager invited the members of the City Council to accompany him
on a tour of other City Council Chambers to view the ses~tng facilities,
to be conducted on Friday, July 29, 1966. He further advised the Council
of the Orange County League of Cities meeting to be held on Thursday,
July 28, 1966.
Following discussion of a possible solution to the drainage problem
existing on Valley View near Fred Drive, it was moved by Councilman Harvey,
seconded by Councilman Kanel, and unanimously carried, to request the staff
to prepare a written report concerning this matter for presentation at
the next City Council meeting.
The City Manager advised that Orange County Supervisor William Phillips
had invited the City Council members and staff to attend the Board of
Supervisors meeting of July 26, 1966, to hear the presentation of the
Sanitation Sewage Survey recently completed.
July 25, 1966
27O
With reference to discussion held at the last City Council meeting regarding
the drainage problem at Ball and Juanira, the City Manager stated that the
Public Works Department would provide an interim solution to this problem
by regrading the ditch.
The City Manager reviewed his recent discussions with Congressman Hanna
relating to the application of the City for federal assistance for storm drain
construction.
RECESS:
Mayor Noe declared a recess at 4:30 p.m. The meeting was called back to
order at 4:35 p.m., all City Councilmen being present.
Considerable discussion was held concerning the drainage problem on
Mr. Peter Van Ruiten's property. The Public Works Director presented a
comprehensive verbal report concerning the drainage in this area, and
Mr. Peter Van Ruiten also addressed the Council, presenting his suggestions
for a solution to the drainage problems.
RECESS:
It was moved by Councilman Harvey, seconded by Councilman McCarney, and
unanimously carried, to declare a recess at 5:10 p.m. until 7:30 p.m.
CALL TO ORDER:
The Mayor called the meeting back to order at 7:30 p.m. with the following
in attendance:
PRESENT: Councilmen Bowen, Harvey, McCarney, and Noe
ABSENT: Councilman Kanel
Also present were City Manager/City Clerk Dartell Essex, City Attorney
Leonard Hampel, Assistant City Manager Darrell Dalton, Public Works Director
Arthur Schatzeder, Planning Director George Putnara, and Police Chief
George Savord.
AWARD OF CONTRACT FOR CONSTRUCTION AND RELOCATION OF VALLEY VIEW AND ORANGE
TRAFFIC SIGNAL: The City Manager presented a report dated July 21, 1966,
outlining the results of bids received on July 20, 1966, for the construc-
tion of the traffic signal system, intersection lighting, traffic island, and
appurtenant work, and the removal and relocation of the existing span wire
signal at the intersection of Valley View and Orange Avenue, a copy of
which is on file in the Office of the City Clerk.
COUNCILMAN I~ ARRIVED AT 7:32 P.M. AND TOOK HIS CHAIR ON THE PODIUM
Following discussion concerning the amount of the bids as compared to the
Engineering Department's estimate for the project, it was moved by
Councilman McCarney and seconded by Councilman Bowen to determine that the
lowest and best bid was submitted by the E. D. Johnson Company for construc-
tion of the traffic signal system, intersection lighting, traffic islands
and appurtenant work, and the removal and relocation of existing span wire
signal at the intersection of Valley View Street and Orange Avenue; and
that the contract be awarded to E. D. Johnson Company, P. O. Box 29,
Anaheim, California, per their proposal dated July 20, 1966, in the total
amount of $15,564.50. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, McCarney, and Noe
None
None
ORAL COMMUNICATIONS:
Mr. Jack Leneker, Acting President of the Cypress Chamber of Commerce,
addressed the Council, indicating that the Cypress Chamber of Commerce
supports the placing of the Flood Control Bond Issue, recently defeated,
on a future ballot.
July 25, 1966
Mr. Earl Buck, 6064 Fred Drive, Cypress, addressed the Council, inquiring
as to the staff~s recommendation on the drainage problem on Valley View
north of Ball Road. The City Manager briefly outlined the recommendations
of the Engineering Department concerning this matter, which will be on
the agenda for the City Council meeting of August 8, 1966.
In response to a request by Mr. Buck for clarification of the action taken
regarding the access rights on Evergreen Drive, the City Attorney briefly
reviewed the meeting which was held with representatives of the St. Irenaeus
Church. It was suggested that a newspaper article be prepared to clarify
the action taken on this matter.
PUBLIC HF~ING RE: LIVE ENTERTAINMENT PERMIT AT PARKWAY INN: The Mayor
announced this was the time and place for the Public Hearing to consider
an application for Live Entertainment Permit to Permit a western dance
band and el~ging at the Earkway Inn, 4604 Lincoln Avenue, Cypress, California,
as requeated by Myrtle C. Lowcry, 12231 East Brittain, Artesia, California.
The Mayor declared the Public Hearing open and requested the staff to
present its report.
The City Manager stated that the affidavits of publication, mailing, and
posting of the Notice of the Public Hearing were on file in the Office of
the City Clerk, and presented a report dated July 21, 1966, recommending
approval of the Live Entertainment Permit subject to various conditions.
The Police Chief has indicated that no unusual problems have been caused
as a result of the Live Entertainment Permit granted to the Parkway Inn
during the last year.
The Mayor asked if anyone in the audience wished to speak for or against
the requested permit. There being no written communications and no oral
protests, the Mayor declared the Public Hearing closed.
City Attorney Leonard Hampel read section 9-8 of the Cypress City Code,
setting forth the matters to be considered by the City Council in approval
o~ denial of a Live Entertainment Permit.
Based upon the recommendation of the Police Department, Councilman Harvey
made a motion, which was seconded by Councilman Kanel, to grant a Live
Entertainment Permit to permit a dance band to play and sing from 9:00 p.m.
to 2:00 ~.m. at the Parkway Inn, 4604 Lincoln Avenue, Cypress, subject to
the following conditions:
1. That the applicant secure all necessary business licenses.
2. That the Live Entertainment Permit shall expire on June 30, 1967.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, McCarney, and Noe
None
None
PUBLIC HEARING RE: SPECIAL PERMIT TO ALLOW WESTERN DANCING AT THE PARKWAY
INN: The Mayor announced this was the time and place for the Public
Hearing to consider an application for Special Permit to allow western
dancing by the patrons at the Parkway Inn, 4604 Lincoln Avenue, Cypress,
as requested by Myrtle C. Lowery, 12231 East Brittain, Artesia, California.
The Mayor declared the Public Hearing Open and requested the staff to
present its report.
The City Manager stated that the affidavits of publication, mailing, and
posting of the Notice of the Public Hearing were on file in the Office of
the City Clerk, and presented a report dated July 21, 1966, recommending
approval of the Special Permit subject to various conditions. The Police
Chief has indicated that no unusual problems have been caused as a result of
the previous permit for dancing at the Parkway Inn.
The Mayor asked if anyone in the audience wished to speak for or against the
Special Permit. There being no written communications and no oral protests,
the Mayor declared the Public Hearing closed.
July 25, 1966
272
It was moved by Councilman Harvey and seconded by Councilman Kanel to
grant the Special Permit to allow~estern dancing at the Parkway Inn,
4604 Lincoln Avenue, Cypress, subject to the following conditions:
That a cash bond be deposited for the sidewalk until such time
as it can be installed.
No pool tables or other devices of a similar nature will be
permitted in the establishment, and
3. The required business licenses must be obtained.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, McCarney, and Noe
None
None
Brief discussion ensued concerning violation occuring in the past at the
Parkway Inn. The City Manager s~ed that copies of a listing of the
violations during the past year would be made available to the Council
later in the meeting.
PUBLIC HEARING RE: ADOPTION OF APPENDICES OF THE UNIFORM BUILDING CODE:
The Mayor announced this was the time and place for the Public Hearing
to consider the adoption of an Ordinance amending Chapter 5, Section 5-1,
of the Cypress City Code, adopting by reference the append~zes of the 1964
Edition, Volume 1, and 1964 Edition, Volume III, Standard, of the Uniform
Building Code. The Mayor declared the Public Hearing open and requested
the staff to present its report.
The City Manager stated that the affidavits of publication and posting of
the Notice of the Public Hearing are on file in the office of the City
Clerk, and no written communications have been received concerning this
matter. The City Manager further stated that the action taken at the
last meeting in adopting the first reading of an Ordinance which provided
for adoption of the appendices and for double-fees for individuals not
obtaining building permits was not required, inasmuch as the latter
provision is already contained in the Uniform Building Code. For this
reason, another Ordinance has been prepared which merely adopts by reference
the appendices of the Uniform Building Code.
Discussion ensued among the Council members concerning the double-fee
requirement, particularly as it concerns the homeowner.
The Mayor asked if anyone in the audience wished to speak for or against
the proposed Ordinance.
Mr. Earl Buck, 6064 Fred Drive, Cypress, addressed the Council, asking
if permits are required of persons who sell and install awnings in the
City. The City Manager explained both the business license and special
permit requirements of the City.
Following considerable discussion regarding the proper procedure in
adopting only the appendices of the Uniform Building and deleting the
section concerning the double-fee section which already appears in the
Uniform Building Code, it was moved by Councilman Kanel, seconded by
Councilman Bowen, and unanimously carried, to read the following Ordinance
by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 5, SECTION 5-1 OF THE CYPRESS CITY CODE
BY ADDING THE APPENDICES OF THE UNIFORM BUILDING CODE
It was moved by Councilman Kanel and seconded by Councilman McCarney, to
adopt the first reading of this Ordinance and to continue the Public
Hearing concerning the adoption of this Ordinance until the regular meeting
of August 8, 1966, at 7:30 p.m. The motion was carried by the following
roll call vote:
..... July.~5, 1966
273
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, and McCarney
Noe
None
COMMUNICATION FROM CYPRESS SCHOOL DISTRICT RE: WAIVER OF CONDITIONAL USE
PERMIT FEE: The City Manager presented a communication dated July 13,
1966, from Mr. Rex Nerison on behalf of the Cypresa School District,
requesting a waiver of the application fee for the Conditional Use Permit
required for the Christine Swain School at 5851 Newman Street, Cypress.
In answer to a question from Councilman Bowen, the City Manager advised
that only the fee could be waived, not the requirement of obtaining a
Conditional Use Permit.
It was moved by Councilman Kanel and seconded by Councilman Harvey to
grant the request and waive the $50.00 filing fee for the Conditional Use
Permit required for the Christine Swain School. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, McCarney, and Noe
None
None
COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: TRANSFER OF LICENSE
AT LOS ALAMITOS CONCESSIONS~ INC.: The City Manager presented a communica-
tion from the Department of AlcOholic Beverage Control, notifying the City
of a transfer of the on-sale ~eneral license from Los Alamitos Concessions,
Inc. to Durr Brothers, Inc.
It was. moved by Councilman Bowen, seconded by Councilman McCarney, and
unanimously carried, this communication be received and filed.
COMMUNICATION FROM CLERK OF CALIFORNIA ASSEMBLY RE: CALIFORNIA BICENTENNIAL
CELEBRATION: The City Manager presented a communication dated July 1,
1966, from Mr. James D. Driscoll, Chief Clerk of the California Assembly,
transmitting a Resolution adopted by the California Legislature requesting
Cities and Counties throughout the State to give consideration to commemorat-
ing the establishment of California's first permanent settlement.
It was moved by Councilman Harvey, seconded by Councilman Bowen, and
unanimously carried, to receive and file the communication and request
the staff to investigate the type of activity which could be sponsored in
the City of Cypress to commemorate the Bicentennial Celebration in 1969.
EXPIRATION OF PLANNING COMMISSIONER TERMS: The City Manager advised that
the Planning Commission terms of John Smith and Robert Borders would expire
on August 5, 1966.
Mayor Noe stated that he would like to re-appoint Mr. John Smith for a
new term. It was moved by Councilman Bowen, seconded by Councilman Harvey,
and unanimously carried, to concur in the Mayor's appointment of Mr. John
Smith as Planning Commissioner for a term ending August 5, 1970.
Mayor Noe further stated he would like to re-appoint Mr. Robert Borders
for a new term. It was moved by Councilman Bowen, seconded by Councilman
Harvey, and unanimously carried, to concur in the Mayor's appointment of
Mr. Robert Borders as Planning Commissioner for a term ending August 5, 1970.
REPORT FROM PLANNING COMMISSION RE: ZONE CHANGE NO. Z-147 (CYPRESS PLANNING
COMMISSION): Planning Director George Putnam presented a report dated
July 21, 1966, concerning Zone Change No. Z-147, located at the southwest
corner of Valley View and Ball Road, 38 acres, from R-1 (One-family
Residential) to P-C (Planned Commercial). Said zone change had been
referred back to the Planning Commission for further report concerning
the desirability of reserving the subject area for commercial development.'
Following further consideration of this matter, the Planning Commission
directed the staff to advise that it felt the Council should proceed with
the P-C zoning to reserve adequate land resources within the community
for a regional or sub-regional shopping center.
In answer to a question from Mayor Noe, the City Attorney stated that
another Public Hearing was not necessary on this zone change.
July 25, 1966
Following brief discussion concerning this matter, it was moved by
Councilman Harvey, seconded by Councilman Bowen, and unanimously carried,
the following Ordinance be read by title only, title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONE OF A
CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL)
TO P-C (PLANNED COMMERCIAL), ZONE CHANGE NO. Z-147
It was moved by Councilman Harvey and seconded by Councilman Bowen to
adopt the first reading of this Ordinance. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, McCarney, and Noe
None
None
REPORT FROM PLANNING COMMISSION RE: ZONE CHANGE NO. Z-148 (LARWIN FUND):
Planning Director George Putnam presented a report dated July 21, 1966,
concerning rezoning of the southwest corner of Ball and Moody from C-O
(Commercial Office) to C-1 (Neighborhood Stores), as requested by the
Larwin Fund, 9300 Wilehire Boulevard, Beverly Hills, California. At the
request of the City Council, the Planning Commission again reviewed this
zone change and re-affirmed its action in denial of the zone change on the
basis that adequate space should be reserved for C-O uses.
Following discussion concerning the proposed use of the subject property,
it was moved by Councilman McCarney, seconded by Councilman Kanel, and
unanimously carried, to read by title only an Ordinance changing the zoning
on the subject property to C-1. Title of the Ordinance is as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONE OF A
CERTAIN PARCEL OF LAND FROM C-O (COMMERCIAL OFFICE) TO
C-1 (NEIGHBORHOOD STORES), ZONE CHANGE NO. Z-148
It was moved by Councilman McCarney and seconded by Councilman Kanel to
approve the first reading of this Ordinance. Prior to voting on this
motion, further discussion was held. In answer to a question from
Councilman Harvey, the Planning Director explained that the Larwin
Company, after requesting Zone Change No. Z-148, filed an additional zone
change for the balance of the undeveloped southwest corn~ of Ball and
Moody, which has also been denied by the Planning Commission. Mr. Goldin,
represer~ing the Larwin Company, stated that an appeal would also be filed
concerning this decision.
Councilman Harvey indicated he would be in favor of continuing consideration
of Zone Change No. Z-148 until the next meeting, at which time the appeal
on the parcel adjacent to the subject area would be before the Council,
thereby allowing the Council to act upon the entire southwest corner.
Mr. Lee Goldin, again addressed the Council, requesting that the first
reading of the Ordinance be adopted at this time, with the second reading to
be withheld until the second parcel is considered.
Councilman McCarney's motion to approve the first reading of this Ordinance
failed to carry by the following roll call vote:
AYES: 1 COUNCILMEN:
NOES: 4 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
McCarney
Bowen, Harvey, Kanel, and Noe
None
At the request of the Council, the City Attorney stated thatthe above
vote would have the effect of terminating action on Zone Change No. Z-148.
He further indicated that any of the Councilmen could change their votes
if they desired, especially if the motion was not understood.
July 25, 1966
It was moved by Councilman Harvey, seconded by Councilman Kanel, and
unanimously carried, to reconsider the action taken in disapproving the
first reading of the Ordinance approving Zone Change No. Z-148.
Following further discussion, it was moved by Councilman Harvey and
seconded by Councilman Kanel, to continue consideration of Zone Change
No. Z-148 until the regular meeting of August 8, 1966. The motion was
carried by the following roll call vote:
AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel, and Noe
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ABSTAINED:i COUNCILMEN: McCarney
ACCEPTANCE OF INSTALLATION OF IMPROVEMENTS AT MOODY AND MYRA PARK SITE:
The City Manager presented a report dated July 20, 1966, from the Public
Works Director, recommending acceptance of the various improvements
installed by the Silveri Construction Company at the Moody and Myra Park
site.
It was moved by Councilman Harvey and seconded by Councilman Kanel to
accept the installation of the drainage system, redwood headers, earth
walks and P.C.C. curbing around play areas, and appurtenant work at the
Moody and Myra Park site constructed by ~lveri Construction Company,
1241 Lakeview Street, La Habra, and authorize the City Clerk to exonerate
the bonds in 90 days following acceptance of the work if no mechanics
liens have been filed. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, McCarney, and Noe
None
None
ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS~ TRACT NO. 4950 (ROBERT H.
GRANT AND COMPANY): The City Manager presented a report dated July~D,
1966, from the Public Works Director, recommending acceptance of the
improvements and release of the bonds in Tract No. 4950, located north
of Cerritos, east of Denni, developed by the Robert H. Grant Company.
It was moved by Councilman Harvey and seconded by Councilman Kanel, to
accept the public improvements for Tract No. 4950 and authorize the City
Clerk to exonerate the bonds in 90 days following acceptance if no
mechanics liens have been filed and providing that the minor repairs to
the A.C. paving and the concrete sidewalk landifigs have been satisfactorily
completed. The motion was unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, McCarney, and Noe
None
None
ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS, TRACT NO. 5337 (BARKLEY
DEVELOPMENT COMPANY): The City Manager presented a report dated July 20,
1966, recommending acceptance of the improvements and release of the bonds
for Tract No. 5337, located on Moody Street south of Lincoln and south
of the St. Irenaeus property, developed by the Barkley Development Company.
In answer to a question from Councilman Bowen, the City Attorney stated
that Condition No. 13 of Tract No. 5337, with reference to the access
rights on Evergreen Street and Evergreen Drive had been resolved by the
Attorney for the St. Irenaeus Church and the City staff; however, to date,
the church has no officially accepted the proposed solution.
A motion was made by Councilman Kanel to accept the public improvements
for Tract No. 5337 and authorize the City Clerk to exonerate the bonds in
90 days following acceptance if no mechanics liens have been filed,
however the motion died for lack of a second.
July 25, 1966
ZTG
Discussion ensued concerning the resolution of the matter of the access
rights on Evergreen Avenue and Evergreen Drive, with the City Attorney
briefly reviewing the results of the meeting with the Church's attorney
on this matter. He stated that it appears the Barkley Development
Company will not be involved in the solution of the access rights matter.
Following further discussion concerning the desired action concerning this
matter, it was moved by Councilman Harvey, seconded by Councilman McCarney,
and unanimously carried, to continue consideration of the acceptance of
improvements and release of bonds until the August 8, 1966, City Council
meeting.
PROPOSED WAIVER OF CERTAIN CONDITIONS ON LOT SPLIT NO. 6 (CONDITIONAL
USE PERMIT NO. C-188): The City Manager presented a report dated July 21,
1966, which outlined the problems encountered in the issuance of a building
permit for a dairy sales and processing plant on a parcel of the ground
included in Lot Split No. 6. The City Council was advised that following
the preparation of the report, the City Attorney determined that Council
action on this matter was not required other than to approve the staff
decision to allow for the issuance of separate bonds on the individual
parcels, which will allow the staff to issue the building permit for the
dairy sales and processing plant.
Following discussion, it was moved by Councilman McCarney and seconded by
Councilman Harvey, to concur in the staff decision to issue a building
permit for the dairy sales and processing plant upon receipt of bonds
covering the improvements to parcels 2, 3, and 4. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, MeCarney, and Noe
None
None
REQUEST FOR EXTENSION OF TIME ON~ENTATIVE TRACT MAP NO. 5373 (LARWIN
COMPANY): The City Manager presented a communication dated July 19, 1966,
from Toups Engineering on behalf of the Larwin Company, requesting a one-
year extension of time for recording the balance of the subdivision approved
as Tentative Tract Map No. 5373. The City Manager stated that the staff
has no objection to the granting of this additional time.
It was moved by Councilman McCarney, seconded by Councilman Harvey, and
unanimously carried to grant a one year extension of time for recording
the balance of the subdivision known as Tentative Tract No. 5373.
PARTIAL PAYMENT FOR STREET IMPROVEMENTS--NEWMAN AND GRAHAM: The City
Manager presented a report dated July 21, 1966, reviewing the street
improvements constructed = Newman and Graham, and recommending that the
City Council authorize the payment of $2,270 to the firm constructing the
improvements at the northeast corner of Newman and Graham from the funds
deposited with the City for this work by the original owner of the
property.
In answer to a question from Councilman McCarney, the Public Works Director
outlined the corrections to be made to the curbs and driveway approaches
on Newman as requested at the last City Council meeting.
It was moved by Councilman Bowen and seconded by Councilman Harvey to
authorize the payment of $2,270 to Stanco Builders from the deposit made
by Mr. Chrles King fer the street improvements at the northeast corner of
Newman and Graham Street and further authorize thestaff to release the
balance of the funds and the City's share of the project at such time
as the necessary repairs have been satisfactorily completed, subject to
the approval of the City Attorney. The motion was unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, McCarney, and Noe
None
None
July 25, 1966
CITY OF ~PRESS BEAUTIFICATIONPROGRAM: The City Manager presented a
report dated July 21, 1966, reviewing the program prepared by the staff
for urban beautification in order to qualify for the Urban Beautificatfon
Grants available from the Federal Government, The Planning Coummisston
has adopted Resolution No. 328, approving the Urban Beautification Program
for the City and it is now required that the City Council adopt a similar
Resolution approving the Program.
Following discussion concerning the proposed programs under consideration,
it was moved by Councilman Harvey and seconded by Councilman Boweu to
adopt the following Resolution, title as follows:
RESOLUTION NO. 713
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, RELATING TO BEAUTIFICATION
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, McCarney, and Noe
None
None
JUANITA STREET STORM DRAIN CONSTRUCTION EASEMENT: The City Manager
presented a report dated July 21, 1966, outlining the results of negotia-
tions authorized by the City Council between the City Manager, City
Attorney, and Mrs. Job Denni, Sr. regarding the obtaining of a temporary
construction easement on Juanira Street to allow the completion of the
storm drain construction in Juanira Street.
It was moved by Councilman McCarney and seconded by Councilman Harvey to
authorize the payment of $100 to Mrs. Jaunita Denni for the granting of a
construction easement as outlined by the City Manager. The motion was
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, McCarney, and Noe
None
None
CERTIFICATION OF EMPLOMMENT LIST FOR POLICE DETECTIVE: The City Manager
presented a report dated July 19, 1966, outlining the results of an examination
conducted for the position of Police Detective.
It was moved by Councilman McCarmey, seconded by Councilman Harvey, and
unanimously carried, to certify the employment list for Police Detective
as submitted.
CERTIFICATION OF EMPLOYMENT LIST FOR RECEPTIONIST: The City Manager
presented a report dated July 18, 1966, outlining the results of an
examination conducted for the position of ReceptiOnist~
It was moved by Councilman McCarney, seconded by Councilman Harvey, and
unanimously carried, to certify the employment list for Receptionist as
submitted.
CERTIFICATIO. N OF EMPLOYMENT LIST FOR CUSTODIAN: The City Manager presented
a report dated July 21, 1966, outlining the results of an examination
conducted for the position of Custodian.
It was moved by Councilman Bowen, seconded by Councilman McCarney, and
unanimously carried, to certify the employment list for Custodian as
submitted.
CERTIFICATION OF EMPLOYMENT LIST FOR SENIOR ENGINEERING AIDE: The City
Manager presented a report dated July 21, 1966, outlining the results of an
examination conducted for the position of Senior Engineering Aide.
It was moved by Councilman Harvey, seconded by Councilman McCarmey, and
unanimously carried, to certify the employment list for Senior Engineering
Aide as submitted.
July 25, 1966
STATEMENT OF RECEIPTS AND EXPENDITURES, FISCAL YEAR 1965-66: The City
Manager presented a report dated July 21, 1966, transmitting and reviewing
the Statement of Actual Receipts and Expenditures compared with the Budget
Estimates for the 1965-66 fiscal year.
Following a suggestion by Councilman Harvey ~hat information concerning
the City's receipts and expenditures be reviewed in the City Newsletter,
it was moved by Councilman McCarney, seconded by Councilman Harvey, and
unanimously carried, this report be received and filed.
MONTHLY VARIANCE REPORT OF REVENUES AND EXPENDITURESv JUNE 1966: It was
moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously
carried, to receive and file the Monthly Variance Report of Revenues and
Expenditures for the month of June 1966.
MONTHLY ACTIVITY REPORTs JUNE 1966: It was moved by Councilman Harvey,
seconded by Councilman Bowen, and unanimously carried, to receive and file
the Monthly Activity Report for June 1966.
APPROVAL OF PAYROLL WARRANT LIST, WARRANTS NO. 14699 THROUGH 14756: It was
moved by Councilman McCarney and seconded by Councilman Bowen to approve
the Payroll Warrant List for the period ending July 10, 1966, Warrants No.
14699 through 14756, in the total amount of $15,473.22. The motion was
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, McCarney, and Noe
None
None
APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 14757 THROUGH 14815: It
was moved by Councilman McCarney and seconded by Councilman Harvey to
approve the Commercial Warrant List, Warrants No. 14757 through 14815 in
the total amount of $37,956.43. The motion was unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEN: Bowen, Harvey, McCarney, and Noe
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ABSTAINED:i COUNCILMEN: Kanel
SECOND READING ORDINANCE REQUIRING PERMITS FOR FOOD HANDLING BUSINESSES:
It was moved by Councilman McCarney, seconded by Councilman Kanel, and
unanimously carried, the following Ordinance be read by title only, title
as follows:
ORDINANCE NO. 319
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 13, ARTICLE I OF THE CYPRESS CITY CODE,
RELATING TO THE ISSUANCE OF PERMITS FOR FOOD HANDLING
BUSINESSES, AND PROVIDING A PENALTY FOR THE VIOLATION
THEREOF
It was moved by Councilman Harvey and seconded by Councilman Bowen to
approve the second reading of this Ordinance. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowens Harvey, Kanel, McCarney, and Noe
None
None
RESOLUTION WELCOMING TEACHERS FROM THE AMERICAN HOST PROGRAM: It was
moved by Councilman Bowen and seconded by Councilman Harvey to adopt the
following Resolution, individual copies of which will be presented to the
visiting foreign teachers coming to Cypress under the American Host
Program. Title of the Resolution is as follows:
RESOLUTION NO. 714
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
OFFICIALLY WELCOMING AND BESTOWING THE TITLE OF "HONORARY
CITIZEN" TO THE VISITING TEACHERS OF THE AMERICAN HOST
PROGRAM
July 25, 1966
279
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe
NOES: 0 COUNCILHEN: None
ABSENT: 0 COUNCILHEN: None
FLOOD CONTROL DISTRICT HAINTENANCE OF CARBON CREEK CHANNEL: Councilman
Kanel inquired about the stagnant water which accumulates in the Carbon
Creek Channel, causing odors and mosquitos. The Public Works Director
advised that due to the flat grade of the channel, it is almost impossible
for all of the water to drain. He stated that the Flood Control District
attempts to spray the area periodically to control the breeding of
mosquitos.
Councilman Kanel also referred to a problem created by the Flood Control
District employees when cutting weeds along the channel, causing dirt to
be pushed into the back yards of residents who reside adjacent to the
channel. The City Manager indicated that the staff would communicate with
the Flood Control District concerning these two problems.
ORAL COMMUNICATIONS:
Mr. Pete Van Ruiten, 9432 So. Bloomfield, Cypress, addressed the Coundl,
stating that if palm trees would be utilized in the landscaping of the
Civic Center, he would donate palm trees from his property if the City
would remove them.
Mr. Van Ruiten also stated that he would like the City Council to give
further consideration to the drainage problem on his property at this time,
in order to allow the trailer park development planned for the area to
proceed.
Mr. Jack Leneker, 4504 Middlebury, Cypress, addressed the Council, stating
that the Chamber of Commerce would like to see development occur on
Mr. Van Ruiten's property.
Mr. John Smith, 9399 Esther, Cypress, addressed the Council, expressing
appreciation for his being re-appointed to the Planning Commission.
Discussion ensued concerning the drainage problem on Mr. Van Ruiten's
property. The City Manager emphasized the need for an engineering study of
the area prior to determining the method of controlling the drainage and
the Public Works Director outlined the various determinations which would
be required if such an engineering study were completed. In answer to a
question from Councilman McCarney, the Public Works Director stated he
felt such a study could be completed for $5,000 providing the City could
utilize the topographic map previously obtained by Mr. Van Ruiten.
It was moved by Councilman McCarney, seconded by Councilman Bowen, and
unanimously carried, to place the matter of the drainage problem of
Mr. Van Ruiten on the agenda at this time.
At the request of Councilman Bowen, Mr. Pitz, associated with the firm
proposing to develop a trailer park on Mr. Van Ruiten's property, addressed
the Council, indicating that he understood an underground pipe would be
installed from the southern border of the property, continuing downstream.
He stated that it would probably be economically impossible to develop
the trailer park if an extensive fill program were required on the property.
Councilman Bowen inquired if Mr. Pitz would consider entering into a
reimbursement agreement with the City to construct the drainage facilities
required for development of Mr. Van Ruiten's property; however, Mr. Pitz
indicated he was not presently prepared to consider such an arrangement.
Mr. Van Ruiten addressed the Council, reviewing the past discussions he
had held with the Council concerning his property. Mayor Noe advised
Mr. Van Ruiten that the drainage solution for his property is largely
dependent upon the type of development which takes place, and prior to this
time, no definite development plans had been formalized for his property.
July 25, 1966
280
Following further discussion regarding this matter, it was moved by
Councilman McCarney and seconded by Councilman Kanel to authorize the
employment of a qualified engineering firm to complete a drainage study
of the area bounded by Lincoln, Bloomfield, Orange, and Denni, at a cost
not to exceed $5,000. Prior to voting on this motion, further discussion
was held. In answer to a question from Councilman Bowen, Councilman
McCarney stated that the object of the study would be to obtain the facts
needed to settle the drainage problem in the subject area.
The City Manager stated that such a study would be chargeable to the
drainage district and would encompass a refinement of the preliminary
drainage study already completed to determine the solutions for drainage
of the area in question.
Councilman McCarney's motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Hsrvey, Kanel, McCarney, and Noe
None
None
In response to a question from Mr. Earl Buck, 6064 Fred Drive, Cypress, the
City Manager reviewed the new street sweeping schedule.
Each Councilman having been provided with a listing of the past indidents
at the Parkway Inn, Councilman Kanel, Bowen, and Mayor Noe all indicated
they had no objection to the issuance of the two permits granted earlier
in the meeting.
ADJOURNMENT:
There being no further business to come before the City Council, it was
moved by Councilman Harvey, seconded by Councilman Kanel, and unanimously
carried, to adjourn the meeting at 10:35 p.m.
ATTEST:
July 25, 1966