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Minutes 67-01-09MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD January 9, 1967 The regular meeting of the Cypress City Council was called to order at 3:00 p.m. on January 9, 1967, by Deputy City Clerk Dorothy Jones, in the City Council Chambers, 9471 South Walker Street, Cypress, California. PRESENT: None ABSENT: Councilmen Bowen, Harvey, Kanel, McCarney, and Noe There not being a quorum, the Deputy City Clerk declared the meeting adjourned at the hour of 3:02 p.m. until 4:00 p.m. this date. CALL TO ORDER: The Mayor called the meeting to order at 4:00 p.m. in the City Council Chambers, with the following in attendance: PRESENT: Councilmen Bowen, Harvey, Kanel, McCarney, and Noe ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, and Assistant City Manager Dartell Dalton. MINUTES: Councilman Kanel requested a clarification of the corrections made in the December 12, 1966, City Council minutes to the minutes of the meeting of November 28, 1966, regarding the selection of a bank as the City's depository, and stated that he would like to see all the connnents made by himself, Frank Visca, and Councilman Harvey included in the minutes of the November 28th meeting. Councilman Kanel stated that he would also like all his comments concerning three other matters included within the December 12~h and December 19th minutes. It was moved by Councilman McCarney and seconded by Councilman Harvey to approve the minutes of December 12, 1966, as written and mailed. 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 The City Attorney advised that any member of the Council has the right to have entered on the minutes the basis of his protest or his dissent to any action, and this would not require a motion by the Council. Councilman Kanel requested that the minutes of December 12, 1966, reflect all his comments on Page 10 regarding the Chamber of Commerce Monthly Report. He further requested that the minutes of November 28, 1966, with reference to the selection of a depository for City funds, reflect all the statements made by himself and Frank ~isca. It was moved by Councilman McCarney and seconded by Councilman Harvey to approve the minutes of the meeting of December 19, 1966, as mailed. Prior to voting on this motion, Councilman Kanel requested that all of his comments and those of the City Manager concerning approval of Tentative Tract Map No. 5957 and the City's Annual Report be ~ficluded in the record. The Mayor called for a vote on Councilman McCarney's motion, which was unanimously carried. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to approve the minutes of December 27, 1966, as written. General discussion was held regarding the need ~ adopt a firm policy on the format of the City Council minutes. January 9, 1967 STAFF REPORTS AND DISCUSSIONS; It was moved by Councilmen Harvey, seconded by Councilmen Bowen, and unanimously carried, to consider the commemorative plaque for the Civic Center at this time. The City Manager displayed a sketch prepared by the Architect's Office of a proposed Commemorative Plaque for the Civic Center, naming the various City officials previously designated by the City Council, and reviewed the recommended location for the plaque. Following general discussion regarding the former of the plaque, the City Manager indicated he would discuss the matter further with the architect for possible suggested changes. The City Manager advised that the dedication ceremonies for the Pepper Tree and Cedar Glen Parks had been scheduled~r Saturday, January 21, 1967. The City Manager reviewed the plan to accept donations from community organiza- tions for the Cedar Glen Park, outlining the suggested format for the dedication programs, and presented a suggested list of persons to be invited to attend the dedication ceremonies. It was moved by Councilmen Harvey, seconded by Councilmen Bowen, and unanimously carried, to place this matter on the agenda at this time. It was moved by Councilmen Kanel, seconded by Councilmen Bowen, and unanimously carried, to approve the dedication plans as outlined by the City Manager for the January 21st dedication of the Pepper Tree and Cedar Glen Parks. Following a general review by the City Manager of the problems encountered with the State Division of Highways regarding the location of the City Entrance Sign on Lincoln Avenue near Bloomfield, the City Council requested the staff to prepare a formal report for Council consideration regarding this matter. The City Attorney requested that an executive session be held to discuss the following pending litigation cases: Cypress vs. Helms, Cypress vs. Denni (Business License Delinquency Suit), and Ryan vs. Richard O. Baugh. It was moved by Councilmen Kanel, seconded by Councilman Bowen, and unanimously carried, to declare a recess at 5:05 p.m. in order to go into executive session with the City Manager and City Attorney regarding the pending litigation outlined by the City Attorney. The meeting was called back to order at 5:21 p.m., all Councilmen being present. It was moved by Councilman Kanel, seconded by Councilmen Bowen, and unanimously carried, to place the mettot of Cypress vs. Helms on the agenda at this time. It was moved by Councilmen Kanel and seconded by Councilmen Bowen to approve the settlement of the pending condemnation case with Dr. Helms at a figure of $18,000 plus interest, costs, and pro-rated taxes. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Fanel, McCarney, and Noe None None It was ~moved by Councilmen Bowen, seconded by Councilmen Kanel, and unanimously carried, to place the mettot of Ryan vs. Richard O. Baugh on the agenda at this time. It was moved by Councilmen Bowen, and seconded by Councilmen Harvey to employ Mr. Roy E. June as special counsel for the defense of the City and its Police Chief in the action known as Patrick M. Hyan vs. Richard O. Baugh. 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 moved by Councilmenthol, seconded by Councilman Bowen, and unanimously carried, to declare a recess at 5:28 p.m. until 7:30 p.m. January 9, 1967 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, Kanel, McCarney, and Noe ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, Public Works Director A. W. Schatzeder, Planning Director George Putnam, Police Chief George Savord, Building Superintendent T~Nudson, and Finance Director Jim Grissom. ORAL COMMUNICATIONS: Mr. Jack Leneker, 4504 Middlebury Street, Cypress, addressed the Council, reading a prepared statement which outlined several reasons for the action of the Chamber of Conmmerce Board of Directors in designating the Commercial National Bank as the official Bank ~dr the City of Cypress. No further oral con~munications were presented at this time. COMMUNICATION FROM LEAGUE OF CALIFOREIA CITIES PRESIDENT RE: ANNUAL APPOINTMENT OF MEMBERS TO LEAGUE COMMITTEES: The City Manager presented a communication dated December 20, 1966, from the President of the League of California Cities, announcing the annual appointment of members td Leagfie Committees, indicating that Councilman Robert Harvey has been appointed to the League Committee on Aviation Problems. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to authorize Councilman Harvey to accept the assignment to the League Committee on Aviation Problems, as appointed by League of California Cities President Jack D. Maltester. COMMUNICATION FROM ORANGE COUNTY PLANNING DIRECTOR RE: AMENDMENT TO ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS: The City Manager presented a communication dated December 27, 1966, from the Orange County Planning Director, transmitting an amendment to the Master Plan of Arterial Highways. The amendment has been reviewed by the Public Works Department and is consistent with the request of the City in the designation of Moody Street as a Primary Arterial Highway between Lincoln and Cerritos. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM STATE CONTROLLER RE: APPORTIONMENT OF MOTOR VEHICLE LICENSE FEES: The City Manager presented a report dated December 30, 1966, from the State Controller, reviewing the apportionments of Motor Vehicle License Fees for the period of June 1, 1966 through November 30, 1966. Following brief discussion, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. DRAINAGE REIMBURSEMENT AGREEMENT WITH LARWIN COMPANY, DRAINAGE DISTRICT 3-B: The City Manager advised that following preparation of the City Council agenda, it was determined that a drainage reimbursement agreement with the Larwin Company for Drainage District 3-B would not be required since funds are available in the District. Therefore, no action is required on this matter. AGREEMENT WITH LARWIN COMPANY RE: INSTALLATION OF UNDERGROUND DRAIN ADJACENT TO TRACT NO. 6318: At the request of the City Manager, it was moved by Councilman Kanel, seconded by Councilman Harvey, and unanimously carried, to continne consideration of this matter until the next regular City Council meeting. January 9, 1967 APPROVAL OF PLANS AND SPECIFICATIONS FOR CERRITOS STORM DRAIN: The City Manager presented a report dated January 5, 1967, indicating that plans and specifications have been completed for the Cerritos Avenue storm drain from 1153 feet east of Moody to 200 feet east of Moody, said drain to join? the existing open channel on Cerritos. It is proposed that the Larwin Company will install this storm drain, which is adjacent to their Tract No. 6318. The Public Works Director reviewed the plans for the proposed storm drain construction. It was moved by Councilman Harvey and seconded by Councilman Bowen to approve the Plans and Specifications for the Cerritos Avenue Storm Drain, known as Special Project No. 77. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harveys Kanel, McCarney, and Noe None None CONSIDERATION OF FINAL TRACT MAP NO. 6318 (LARWIN COMPANY): The City Manager presented Final Tract Map No. 6318, located at the northeast corner of Moody and Cerritos, 69 R-1 lots, as requested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Public Works Director reviewed the subject map, and recommended that the Council consider the deletion of Condition No. 19 from the tentative map, which required that the service station be included as a lot in the tract. Councilman Bowen expressed concern over the statements made by Larwin's salesmen regarding the lot sizes in the subject tract. Mr. Arthur Rosenthai, representing the Larwin Company, addressed the Council, consenting to the deletion of Condition No. 19 from the tract map. It was moved by Councilman McCarney, and seconded by Councilman Harvey to delete Condition No. 19 from Tentative Tract Map No. 6318 and to approve Final Tract Map No. 6318, accept the bonds and agreements for public improvements in the amount of $172,100, which is not less than 50% and not more than 100% of the total improvements; authorize the Mayor and City Clerk to sign the bonds and agreements; and authorize the City Clerk to sign the record map upon completion of the following requirements: 1. Minor corrections on the tract map. 2. Completion of any corrections on the improvement plans. 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 STREET WIDENING AND STORM DRAIN CONSTRUCTION ON VALLEY VIEW (JOHN B. EWLES): The City Manager presented a report dated January 5, 1967, from the Public Works Director, recommending the acceptance of the street widening and storm drain construction on Valley View Street in the vicinity of the Pacific Electric Railroad, as completed by John B. Ewles, Inc. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to accept the street widening and storm drain improve- ments on Valley View near the Pacific Electric Railway, as constructed by John B. Ewles, Inc. and authorize the City Clerk to release the bonds in 90 days if no mechanics liens have been filed. ACCEPTANCE OF TRAFFIC SIGNAL INSTALLATION, VALLEY VIEW AND ORANGE (E.D. JOHNSON AND COMPANY): The City Manager presented a report dated January 5, 1967, from the Public Works Director, recommending acceptance of the traffic signal intersection lighting and traffic island construction at Valley View and Orange, and the installation of the traffic signal at Walker and Orange, as completed by E. D. Johnson and Company. January.~9, 1967 It was moved by Councilman Harvey and seconded by Councilman Bowen to accept the traffic signal installations at Valley View and Orange, and Walker and Orange, as completed by the E. D. Johnson Company, and authorize the City Clerk to release the bonds in 90 days 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 CIVIC CENTER LANDSCAlvE PLANS AND SPECIFICATIONS AND BID AUTHORIZATION: The City Manager presented a report dated January 5, 1967, reviewing the final plans and specifications prepared by Landscape Architects Lineshh and Reynolds for the Civic Center landscaping. The specifications provide for two alternates which will allow for a flexibility in final cost between $40,000 and $55,000, as previously r~quested by the City Council. Bid opening has been scheduled for 7:30 p.m. on January 23, 1967, by the Civic Center Corporation, and all landscaping work should be completed by approximately March 10, 1967. The City Manager further advised that he has been in contact with the Federal Officials regarding the City's application for a beautification grant, and all indications are favorable at this time. The Civic Center Corporation has approved the Plans and Specifications,and authorized advertisement for bids, and the City Attorney has approved the form of the specifications. Following discussion concerning the alternates in the specifications, with particular reference to the irrigation system, it was moved by Councilman Harvey and seconded by Councilman Bowen to approve the final Plans and Specifications as prepared by Landscape Architects Linesch and Reynolds, dated January 3, 1967, and concur in the action of the Cypress Civic Center Corporation in advertising for bids to be received on January 23, 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 SANITARY SEWER qUITCLAIM DEED--CYPRESS HOMEOWNERS ASSOCIATION: The City Manager presented a report dated January 5, 1967, outlining the need to approve the quitclaim deed from the City~ the Cypress Homeowners Association to clarify the City's records as they pertain to the sanitary sewer easements no longer required for Tracts No. 5372, 5685, and 5728. It was moved by Councilman Bowen and seconded by Councilman Harvey to approve the quitclaim deed to the Cypress Homeowners Association for the sanitary sewer easements no longer required in Tracts No. 5372, 5685, and 5728, as prepared by the Public Works Department, and further authorize the Mayor to sign and City Clerk to attest the quitclaim deed. 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 APPOINTMENT OF CITY MEDICAL COORDINATOR FOR DISASTER MEDICAL CARE: The City Manager presented a report dated January 4, 1967, indicating that Dr. Ira Pomeroy, 5651 Lincoln Avenue, Cypress, has volunteered his services as the City's Medical Coordinator for Disaster Medical Care. The City Council, at its meeting of November 14, 1966, had suggested that a local doctor be obtained for this position. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to appoint Dr. Ira L. Pomeroy as the City's Medical Coordinator for the Orange County Medical Association's Comittee on Disaster Medical Care, and further authorize the City Manager to notify Dr. William Hardy, Chairman of the Association, of this action. January 9, 1967 CIVIC CENTER DEDICATION--CHANGE IN DEDICATION DATE: The City Manager presented a report dated January 5, 1967, reviewing the desirability of changing the date for the official Civic Center dedication ceremonies to March 18, 1967, rathem than March 4, 1967. The additional two weeks would allow time for the completion of the landscaping, delivery of various items of furniture from the State Correctional Industries, and would allow the City employees to become more settled in the new facil~ies. Discussion was held concerning the completion of the City Council Chambers, with particular reference to the installation of the public seating. The City Manager indicated that the seating should be installed on February 15th. It was moved by Councilman Bowen, seconded by Councilmen Kanel, and unanimously carried, to approve Saturday, March 18, 1967, as the official date for the Civic Center dedication program. AMENDMENT TO CITY CODE RE: FOOD ~NDLINC PERMITS: The City Manager presented a report dated January 5, 1967, reviewing amendments recommended by the Orange County Health Department to the City's Ordinance requiring permits for food handling businesses. One of the major amendments proposed is the establishment of an expiration date for permits, which will be the end of each fiscal year. It was moved by Councilmen Bowen, seconded by Councilman Harvey, 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 SECTION 13-1.2 AND 13-1.10 OF THE CYPRESS CITY CODE, RELATING TO THE ISSUANCE OF PERMITS FOR FOOD HANDLING BUSINESSES, AND PROVIDING A PENALTY FOR THE VIDLATION THEREO~ It was moved by Councilman Bowen and seconded by Councilman Harvey to approve 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 Nee None None REPORT RE: POSITION OF CITY TREASURER: The City Manager presented a report dated January 5, 1967, reviewing the results of a survey requested by the City Council concerning the policies and p~ecedures adopted by other General Law cities in Orange County regarding the appointment of a City Treasurer. He indicated that the basic policy question to be determined by the City Council is whether or not the City Treasurer should be combined with another City staff position rather than appointing a citizen to serve on a part-time basis. The City Manager reviewed the advantages in the assignment of a staff member to perform the duties of City Treasurer, and recon~ended that Mr. Dartell Dalton, Assistant City Manager, be appointed to this position, thereby providing a check on the operation of the Finance Department by a key person in the administration. Following brief discussion, it was moved by Councilman Kanel and seconded by Councilmen Bowen to appoint Mr. Dartell Dalton as the City Treasurer. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN:Bowen, Harvey, Kanel, McCarney, and Nee COUNCILMEN:None COUNCILMEN:None CERTIFICATION OF EMPLOYMENT LIST FOR CLERK TYPIST: The City Manager presented a report dated December 30, 1966, outlining the results of an examination conducted for the position of Clerk Typist. It was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to certify the employment list for Clerk Typist as submitted. January 9, 1967 CERTIFICATION OF EMPLOYMENT LIST FOR SECRETARY: The City Manager presented a report dated January 5, 1967, outlining the results of an examination conducted for the position of Secretary. It was moved by Councilman Bowen, seconded by Councilman Harvey, and unanimously carried, to certify the employment list for Secretary as submitted. APPROVAL OF PAYROLL WARRANT LIST, WARRANTS NO. 16234 THROUGH 16246 FOR MONTH OF DECEMBER: It was moved by Councilman Bowen and seconded by Councilman Kanel to approve the Payroll Warrant List, for the month of December, 1966, Warrants No. 16234 through 16246, in the total amount of $841.28. 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 PAYROLL WARRANT LIST~ WARRANTS NO. 16167 THI~OUGH 16233: It was moved by Councilman Harvey and seconded by Councilman Bowen to approve the Payroll Warrant List for the period ending December 25, 1966, Warrants No. 16167 through 16233, in the total amount of $17,851.54. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kauel, McCarney, and Noe None None APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO. 16247 THROUGH 16303: It was moved by Councilman Harvey and seconded by Councilman Bowen to approve the Commercial Warrant List, Warrants No. 16247 through 16303 in the total amount of $52,727.60. 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 PROGRESS REPORT: Discussion ensued concerning the Progress Report prepared by the City Manager and distributed to the City Council members earlier in the meeting. The City Manager stated that the Progress Report was intended to provide the City Council with information regarding the status of various projects within the City and regarding topics w~ich the City Council may wish to consider in the future. ORAL COMMUNICATIONS: No oral communications were presented at this time. ADJOURNMENT: The City Manager suggested that the City Council adjourn this meeting until January 19, 1967, in order to conduct a joint meeting with the Planning Conmission. There being no further business to come before the City Council, it was moved by Councilman Harvey, seconded by Councilman Bowen, and unanimously carried, to adjourn this meeting at 8:30 p.m. until 7:30 p.m. on January 19, 1967. ~'~,/-/~t~/~, ~ ~- MAYOR OF THE CITY ~RESS ATTEST: CITY CLERK OF~ T~E CItY OF CYPRESS January 9, 1967